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HomeMy WebLinkAboutC-1980 - Landscape maintenance Phase ICITY OF NEWPORT BEACH CALIFORNIA City Flail 3300 W. Newport Hlvd. Area Code 714 DATE September 21, 1977 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 19Rn tion of Contract Landscape Maintenance Description Ford Road Park= /betwean MacArthur Blvd. & begianing,of Harbor View Home Phase I development Authorized by Resolution No. 91 9-1 , adopted on September 19, 1977 Effective date of Contract Remember 21� 1977 Contract with _Harbor view Cn»®unity AsaoiNation Phase I (Andrew B. Morrow, President) Amount of Contract CYC rnnrrart, City Clerk lu to m September 21, 1977 Cal Stewart, PBbR Director Landscape Maintenance AgrIaement - Ford Road Attached Asa executed copies of the Agrqommt in connection with the above referenced subject for transmittal to Harbor View Community Association Phase I and for your file. Doris George eg Att. 1 °Y LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this day of 1977, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "CITY" and the HARBOR VIEW COMMUNITY ASSOCIATION PHASE I, hereinafter referred to as "ASSOCIATION" W I T N E S S E T H: RECITALS WHEREAS, City owns and maintains four (4) separated traffic medians located in Ford Road easterly of MacArthur Boulevard between MacArthur Boulevard and the entrance to the Harbor View Homes Phase I development; and WHEREAS, City owns a fifteen foot wide utility easement running six hundred (600) feet along the southerly parkway of Ford Road located between MacArthur Boulevard and the beginning of the Harbor View Homes Phase I development; and WHEREAS, Association has requested City to install buffer landscaping and an irrigation system in said parkway; and WHEREAS, Association is willing to pay for the costs of maintaining the landscaping in the parkway, as well as the traffic medians; , in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. City will install the buffer landscaping and watering system in the parkway as hereinabove described ft ft consistent with the plans previously reviewed and approved by the Association. 2. Association agrees to maintain said buffer land- scaping in the Ford Road parkway in a manner acceptable to the Parks, Beaches and Recreation Director. 3. Association also agrees to maintain in a manner acceptable to the Parks, Beaches and Recreation Director the landscaping in the four (4) traffic medians in Ford Road, hereinabove described. Said maintenance will include, but not be limited to, watering, mowing and sprinkler repair. 4. Association's obligation under this agreement will commence immediately upon completion of the installation of the parkway buffer landscaping. 5. The term of this agreement shall be for a period of ten (10) years, beginning on the date the installation of the parkway landscaping is completed and ending ten (10) years thereafter, but in no event beyond`:January_1.,.1987. 6. This agreement may be terminated by either party for any reason, with or without cause, by giving the other party sixty (60) days' prior written notice of intent to terminate. If Association terminates this agreement within five (5) years of the effective date, Association agrees to reimburse City fifty percent (50 %) of the original installation cost of the parkway buffer landscaping. 7. Association agrees to release, and to protect and save harmless, City and its officers, agents and employees from any and all claims, loss or liability or injury to any person or persons suffered or sustained as a result of maintaining said parkway buffer landscaping and said traffic median landscaping. -2- ft Association shall, at all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy or policies of comprehensive lia- bility insurance (bodily injury, including death, property damage, product's liability, contractual and automobile) with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit, naming the City and its officers, agents, and employees, as additional insured. This policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and will include a severability of interest clause. If this policy is cancelled or materially altered so as to affect the coverages, at least thirty (30) days' prior written notice by registered mail of such cancellation or alteration will be sent to the City of Newport Beach, in care of the City Manager, 3300 Newport Boulevard, Newport Beach, California 92663. Said policy or policies shall be in a form satisfactory to City and certificates issued by the insuring company shall be submitted to City concurrently with the execution of this agreement. Certificates for each and any new or renewal policy or policies effective during the term of this agreement shall be submitted to City at least twenty (20) days prior to the effective date of such policy or policies. Association shall obtain and maintain any necessary workman's compensation insurance for any person or persons employed by Association to maintain said areas, and shall provide City with a certificate evidencing such insurance coverage issued by an admitted insurer or a consent to self- insure issued by the State of California, Director of Industrial Relations. IN WITNESS WHEREOF, the parties hereto have executed -3- ft ft this agreement on the date first above written. ATTEST: City Clerk APPROVED 4S TO FORM: 449�9 - City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation BY or HARBOR VIEW COMMUNITY ASSOCIATION Phase I BY �( /1� ✓ C� �/ lei 1 /u cam/ -4- DDO /bc 8/23/77 A 6 - 9/ 9'J 5 TO FROM: 4 Y 0 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT September 19, 1977 MAYOR & CITY COUNCIL PB & R Director SUBJECT: LANDSCAPE MAINTENANCE AGREEMENT - PHASE I HARBOR VIEW COMMUNITY ASSOCIATION RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement between the City of Newport Beach and the Harbor View Community Association for the implementation and maintenance of landscape areas. DISCUSSION: C -1 qyb At the present time the City of Newport Beach maintains the traffic medians in Ford Road easterly of Marguerite Avenue at the entrance to the Harbor View residential area. On the southerly side of Ford Road there is a barren area that exists between MacArthur Boulevard and the residential walls of Harbor View. The Community Association has requested that the City partici- pate in a beautification project for that area. H -2 (a) In the terms of the agreement the City would install a bubbler system and a row of large - growing shrubs in the arterial parkway along Ford Road. Upon completion, the Association would assume the maintenance obligation of not only the new landscaping, but also of the existing landscaping in the traffic medians. This agreement would be beneficial to both parties in the extent that it would provide additional beautification to the entrance to the Harbor View community and at the same time, would relinquish the City from a high -cost maintenance area that we have been maintaining for several years. As a term of the agreement, should the Association discontinue the maintenance within a five -year period, the Association agrees to reimburse the City for the new installation that is being proposed. CCS:h Calvin C. Stewart RESOLUTION.. 9193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HARBOR VIEW COMMUNITY ASSOCIATION PHASE I WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Landscape Maintenance Agreement between the City of Newport Beach and Harbor View Community Association Phase I; and WHEREAS, the City Council has reviewed the terms and conditions of said Landscape Maintenance Agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said Landscape Maintenance Agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 19th day of September , 1977. ATTEST: City Clerk Mayor