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HomeMy WebLinkAboutC-1984 - Ford Road widening from San Miguel Drive to 700 ft. east of MacArthurCITY OF NEWPORT BEACH CALIFORNIA City Iia❑ 3300 tW. Ne.l,,rt Hlvd Area Code 7l4 DATE" November 8, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1984 Description of Contract Ford Road Widening /San Miguel Dr. -700' east of MacArthur Authorized by Resolution No. 9203 , adopted on October 11, 1977 Effective date of Contract September 13. 1977 Contract with city of Irvine b The Irvine Company Address Pmount of Contract See contract City Clexk FORD ROAD AGR$MNT THIS AGREEMENT, made and entered into this 1- day of 1977, by and between The Irvine Company, a Michigan corporation hereinafter referred to as COMPANY, the City of Newport Beach, a municipal corporation hereinafter referred to as NEWPORT BEACH, and the City of Irvine, a municipal corporation hereinafter referred to as IRVINE. WITNESSETH: WHEREAS, COMPANY proposes to subdivide land within Newport Beach known as Tentative Tract Number 8725, and WHEREAS, NEWPORT BEACH conditionally approved said Tentative Tract on October 26, 1976, and WHEREAS, one of the conditions of approval required that Ford Road between old MacArthur Boulevard and new MacArthur Boulevard (now San Miguel Drive) be widened to four lanes by the developer, including construction of the portion on permanent alignment connecting to old MacArthur Boulevard (the present connection to old MacArthur Boulevard is on temporary alignment), and WHEREAS, said condition of approval further provided that construction shall be scheduled to start at such time as certificates of occupancy have been issued for 25% of the homes in Tentative Tract No. 8725, and WHEREAS, the improvement of Ford Road from MacArthur Boulevard to 700 feet easterly has been provided by separate agreement and security in conjunction with Tentative Tract No. 8787; and WHEREAS, portions of said Ford Road improvements are within IRVINE, and WHEREAS, the parties hereto desire to execute an agreement providing for the improvement of the remaining segment of Ford Road. NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. PROJECT shall consist of widening Ford Road to four lanes (ultimate) from San Miguel Drive westerly along the existing alignment to join existing improvements approximately 700 linear feet west of Newport Hills Drive West, as indicated on Exhibit A, attached hereto and by reference made a part hereof, - 1 - ,wi including completion of curb and gutter, street lighting, and median cobblestone pavement at new left turn pockets, but excluding other parkway improvements or landscaping of PROJECT. 2. COMPANY agrees to complete said PROJECT in accordance with plans and specifications approved by the Public Works Directors of IRVINE and NEWPORT BEACH. COMPANY further agrees to start PROJECT no later than such time as certificates of occupancy have been issued for 25% of the dwelling units within Tentative Tract No. 8725, and to complete the PROJECT to the satisfaction of the Public Works Directors of IRVINE and NEWPORT BEACH, 3. COMPANY shall provide NEWPORT BEACH with performance security for PROJECT in accordance with Section 19.16.170 of Newport Beach's Municipal Code. In the event COMPANY shall fail to complete PROJECT in accordance with the provisions of this agreement or Title 19 of Newport Beach's Municipal Code, forfeiture of security shall be in accordance with Section 19.16.180 of said title. 4. NEWPORT BEACH agrees to release security upon written authorization by IRVINE and in accordance with Section 19.16.190 of Newport Beach's Municipal Code. 5. IRVINE agrees to be the lead agency and initiate the necessary environmental assessment to satisfy the requirements of the California Environ- mental Quality Act (CEQA) for PROJECT. In the event an Environmental Impact Report (EIR) is necessary for PROJECT, COMPANY shall deposit the estimated cost of the EIR with IRVINE and pay for all costs related thereto for the EIR. Selection of the EIR consultant shall be subject to COMPANY and NEWPORT BEACH concurrence. IRVINE shall initiate environmental assessment upon written request of COMPANY and conclude as early as feasible consistent with IRVINE priorities and workload. 6. NEWPORT BEACH and IRVINE shall review and approve the plans and specifications for PROJECT and provide all necessary inspection services. COMPANY agrees to reimburse IRVINE for time and expenses incurred, at cost, for plan checking and inspection services as a result of the performance of this agreement. 2 0 7. If, upon completion of the EIR for the project, final accounting of expenses incurred by IRVINE for the EIR shows the total cost to COMPANY to be less than the deposit therefor, IRVINE shall promptly reimburse COMPANY for the difference between the deposit and actual cost. If, upon completion of PROJECT, final accounting shows the total cost to COMPANY to be more than the deposit, COMPANY shall promptly reimburse IRVINE for the difference between the deposit and actual cost. 8. An easement for street and highway purposes for the PROJECT area shall be granted by COMPANY to IRVINE and shall be accepted by IRVINE when requested by COMPANY. Upon completion of the improvements in accordance with the approved plans, IRVINE and NEWPORT BEACH shall accept the portion of PROJECT within their respective jurisdictions and responsibility for maintenance thereof. 9. The time within which PROJECT must be commenced as specified herein may be extended by City Council of NEWPORT BEACH upon request of IRVINE or COMPANY when the City Council of NEWPORT BEACH determines that circumstances justify an extension of time. 10. Execution of this agreement shall satisfy the conditions imposed on Tentative Tract 8725 by NEWPORT BEACH relating to the completion of PROJECT as described herein. 11. COMPANY agrees to indemnify and hold harmless IRVINE and NEWPORT BEACH and its officers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered in, on or around PROJECT by any person as a result of any act of omission by COMPANY or its agents or employees which injury or damage and act of omission occurs between the date COMPANY begins work on PROJECT and the date the improvements are completed and accepted by IRVINE. - 3 - • • IN WITNESS WHEREOF, COMPANY, NEWPORT BEACH and IRVINE have each caused this agreement to be executed by its duly authorized officers or representatives, respectively on the day and year first above written. Approved as to sufficiency: ewp rt Beach ity ManqAer Approved as to form: i Ne o each Cit Attorney Approved asAto form: Irving City Anorney '4\1�AE C0114 INCORPORAIF,� W1.22, 1976 rill WN:ps CITY OF NEWPORT BEACH By 1/mayor \ By ty Clerk CITY OF IRVINE By Mayor By IL d 'CV Clerk THE IRVINE COMPANY - 4 - sistant Secretary 60- 1 -910B /i CITY OF NEWPORT BEACH - PUBLIC WORKS DEPA WNT ! TO: CITY CLERK • MEMO Date November 4, 1977 FROM SUBJECT: FORD ROAD AGREEMENT TENTATIVE TRACT NO. 8725 We are transmitting the following: 1 copy - Fully executed copy of the subject agreement The . agreement is for your Copies to: PUT IT IN WRITING . . . . Signed--William B. Dye Subdivision Engineer WBD:jd WRITTEN MESSAGES SAVE TIME AND AVOID ERRORS Att. 0 0 October 28, 1977 MEMO TO THE FILE: Executed agreement (original & 2 copies) to Bill Dye for transmittal to the City of Irvine. They will stamp their approval & return one copy for our files. 2/18/72 • 06nd No. 2614178 Executed in Triplicate Premium inclued in that CITY OF NEWPORT BEACH shown on the Performance Bond SUBDIVISION LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That we, THE IRVINE COMPANY, a Michigan Corporation as principal, and SAFECO INSURANCE COMPANY OF AMERICA , as surety, are held and firmly bound unto the CITY OF NEWPORT BEACH and to all persons as hereinafter provided in the sum of ONE HUNDRED THIRTY -FIVE THOUSAND AND NO /100 Dollars ($ 135. 000 .00)-------------------- - -- - - -, lawful money of the United States, for which payment well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the obligation is such that, whereas said principal has entered into or is about to enter into a subdivision agreement with the City of Newport Beach, pursuant to the Subdivision Map Act and the Newport Beach Municipal Code, in which said principal agrees to construct improvements in $=diWiAidOh XUX widening Ford Road in said City, as follows: Widening Ford Road to four lanes from San Miguel Drive to approximately 700 feet east of MacArthur Blvd. as required by the Municipal Code and as a condition of the approval of said subdivision the principal is required by the City to furnish a labor and materials bond as herein provided; Now, therefore, if said principal or any contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon or for or about the construction of the public improvements or performance of the work to be done, or for any work or labor done of any kind, in or on such improvements, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said surety will pay the same in an amount not exceeding the sum set forth above, and in addition the surety agrees to pay reasonable attorneys' fees to the City in the event that it becomes necessary to bring an action to enforce this bond. This bond shall inure to the benefit of the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvements. a Subdivision Labor and M *ials Bond 2/18/72 -2- The said surety for value received hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement or of any item or feature or item or items of performance required therein or thereunder shall in any manner affect its obligations on or under this bond; and said surety does hereby waive notice of any such amendment, change, extension of time, alteration or addition to said contract or agreement and of any feature or item or items of performance therein or thereunder. In the event that any principal above named executed the subdivision agreement hereinabove referred to as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. WITNESS our hands this 6th 19-zz. THE IRVINE COMPANY, a Michigan Corporation rincipa B v '*�4't� I 1 n p FRANK E. HMFiEsj VICE PRESIDENT �1 ncl paw . %Y ASSISTANT SECRETARY Approved as to sufficiency: pf4a D- (1j" , City Manager day of October E INCORPORATED SEPT. 22, 1976 SAFECO INSURANCE COMPANY OF AMERICA Surety By:c= F. Legran r, Attorrfe �Y -in o V V y r fn F� 3W3H 31dV18 �� `o S e r mm m ♦ Qz �co ♦ �� w ♦ J K a W ♦ 6 W ~ 7 J (,� Z 1p n �u� o_• t- m = ♦ N p n♦ 3 • :. a Z LLI ♦ O C OW, z • c>Z = �♦ m m Ei E� ♦ ♦ c s V♦ c � � M•1NH• ♦hi V Gi. � V V B G 'm°_ U.G C C'O srsmro vNi TC7 iO C.D o N V y V= W± UZ d O Y _ d" .o. oo. °m V V O m _ p3, m N y U V^ U Q) � o V V y r fn F� 3W3H 31dV18 �� `o S e r _ §k7 k(/ ) {2 }% $/ e °®u3«2 , t §99- ] �7(/� z /42 \ «2r \\ ()\ 2\ {t@ .)nom \\ \\ } ;&)» } /\a CL\ \\ /( )\[ cr ;r } // } \�{ ! & ■ � 0 c t � {7 \ \ \ \ � } / \ k \ 7 § %.r -N"7 . d No. 2614178 2/18/72 emium: $1,350.00 Executed in Triplicate CITY OF NEWPORT BEACH SUBDIVISION FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, THE IRVINE COMPANY, a Michigan Corporation as principal, and SAFECO INSURANCE COMPANY OF AMERICA , as surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of ONE HUNDRED THIRTY -FIVE THOUSAND AND NO /100------------------ - - - - -- Dollars ($135.000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said principal entered into or is about to enter into a subdivision agreement with the City of Newport Beach, pursuant to the Newport Beach.Municipal Code and any amendments thereto, in which said principal agrees to construct improvements in 10CIi(V(i(9(i(d(d(X IX widening Ford Roadin said City, as follows: Widening Ford Road to four lanes from San Miguel Drive to approximately 700 feet east of MacArthur Blvd. , as required by the Municipal Code and as conditions of approving said subdivision and is required by said City to give a bond to guarantee performance of said contract; Now, therefore, if the said principal or any contractor or subcontractor shall well and truly do and perform all the covenants and obligations of said contract on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect and, in addition, surety agrees to pay reasonable attorneys' fees to the City in the event that it becomes necessary to bring action to enforce this.bond. The said surety for value received hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement or of any item or feature or item or items of performance required therein or thereunder shall in any manner affect its obligations on or under this bond; and said surety does hereby waive notice of any such amendment, change, extension of time, alteration or addition to said contract or agreement and of any feature or item or items of performance therein or thereunder. `= • Subdivision Faithful Performance Bond 2/18/72 -2- In the event that any principal above named executed the subdivision agreement hereinabove referred to as an individual, it is agreed that the death of any such principal shall not exonerate the surety from its obligations under this bond. WITNESS our hands this 6th day of October , 19 77 . INCORPORATED n SEPT. 22, 1976 Pw C A moved as to sufficiency: ity nager Apr da A Ym i ty Aqornbo l� , 41 THE IRVINE COP a Michigan Corporation �y Pri nCl . }I AM "DISTANT SECRETARY t. ri nki pal Fn,;NK E. fju&AEJ VICE PRESIDENT SAFECO INSURANCE COMPANY OF AMERICA Surety By: F. E. Legrand, A rney -in Tact ` -- STAPLE HERE S ©lIEEm E r m § ](¢ { § ;i =® Q R Al ®3¥ __. \ \ \ }\ §% � §� | ,y __. \ \ \ }\ §% � §� | 7k/ *(/ j \) k� §� /\ CD / k \ / � § E > § k \ ®E ( \ e ,se®z \ / {/� 5 r ® ) .\ / \& * //Q ) m no » \ \@ [22 / \) [ §5 een . m , ƒ\ }/ jf E» } \�/ &7m } ^J� mif4 Ems(& \ {2}} / k \ / � § E RESOLUTION NO. 9203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF IRVINE AND THE IRVINE COMPANY PROVIDING FOR THE WIDENING OF FORD ROAD FROM SAN MIGUEL DRIVE TO 700 FEET EASTERLY OF MACARTHUR BOULEVARD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement with the City of Irvine and The Irvine Company in connection with the widening of Ford Road from San Miguel Drive to 700 feet easterly of MacArthur Bouelvard; and WHEREAS, the City Council has reviewed the terms and conditions of said 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 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 11th day of October , 1977. ATTEST: City Clerk Mayor DDO /bc 10/4/77