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
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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.
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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
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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/
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8/23/77
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FROM:
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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