HomeMy WebLinkAboutC-2725 - Sound Wall Construction and Landscaping, widening Pacific Coast HighwayNovember 28, 1988
CITY COUNCIL AGENDA
ITEM N0. F -3(a)
CITY T �t-5.-?U T BEACH`
NOV 2 8 1988
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: AGREEMENT WITH LIDO SANDS COMMUNITY ASSOCIATION FOR CONSTRUCTION OF
SOUND WALL AND LANDSCAPING (' z 7 i
RECOMMENDATION:
Approve Agreement with Lido Sands Community Association and authorize
Mayor and City Clerk to execute.
DISCUSSION:
The Pacific Coast Highway widening project between Newport Boulevard
and Highland Street includes construction of a sound wall adjacent to Lido
Sands.
The wall will be located in the 10 foot strip between the existing
Pacific Coast Highway sidewalks and the Lido Sands private street. A portion
of the strip is street right -of -way and the remainder is owned by the Lido Sands
Community Association. In order to provide an esthetically pleasing appearance
the wall will have alternating 4 foot jogs that create planting bays.
Construction of the wall will necessitate the removal and replacement of the
existing wall and landscaping.
A summary of the Agreement is as follows:
Lido Sands shall:
1. Grant City permanent and temporary easements for construction and
maintenance of the sound wall and landscaping.
2. Assume all maintenance costs for landscaping on southerly side of
sound wall.
3. Not remove any portions of sound wall without written
permission of City.
City shall:
1. Prepare plans for construction of sound wall and landscaping.
0
Subject: Agreement with Lido Sands Community Association
November 28, 1988
Page 2
2. Maintain security for Lido Sands during construction by installing
temporary fencing.
3. Connect new automatic irrigation system for landscape area on
southerly side of sound wall to existing Lido Sands water and
electrical services.
4. Pay all costs of constructing sound wall and landscaping including
a 90 -day maintenance period.
5. Maintain sound wall and landscaping on highway side of wall.
Caltrans will reimburse the City for all costs of constructing the
sound wall. The City will pay all of the landscaping costs. Funds for the
City's landscaping costs are included in the current budget.
Benjamin B. Nolan
Public Works Director
DCS:so
11
AGREEMENT
PACIFIC COAST HIGHWAY WIDENING
ADJACENT TO LIDO SANDS
C'- �'7'
THIS AGREEMENT, is made and entered into this e,--1ZZ1 day of
1988, between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY ", and LIDO SANDS COMMUNITY ASSOCIATION, a California
Corporation, hereinafter referred to as "LIDO SANDS ";
WITNESSETH:
WHEREAS, CITY has entered into an agreement with the California
Department of Transportation for the preparation of contract documents for the
widening of Pacific Coast Highway between Newport Boulevard and Highland Street,
hereinafter referred to as "PROJECT "; and
WHEREAS, construction of said PROJECT is now scheduled to begin in
September 1988; and
WHEREAS, the construction documents for the PROJECT include the
installation of a sound attenuation wall along the southerly side of Coast
Highway adjacent to portions of LIDO SANDS; and
WHEREAS, both CITY and LIDO SANDS desire to landscape both sides of
said wall to improve the aesthetic appearance; and
WHEREAS, the Environmental Impact Statement that has been certified for
the PROJECT requires construction of a sound wall to mitigate noise and there-
fore both CITY and LIDO SANDS desire to insure that the wall remains intact and
is maintained; and
WHEREAS, portions of the area needed for the wall construction and
landscaping is owned by LIDO SANDS and presently contains a wall and landsca-
ping; and
WHEREAS, both CITY and LIDO SANDS desire to set forth responsibilities
for construction and maintenance of the wall and landscaping; and
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WHEREAS, CITY *quires permanent and temporaryosements from LIDO
SANDS in order to construct and maintain the soundwall and landscaping;
NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the
mutual promises and agreements contained herein, the parties do agree as follows:
1. CITY SHALL:
a. Prepare drawings and contract documents for construction of
sound walls and installation of landscaping.
b. Submit final construction drawings for wall and landscaping to
LIDO SANDS for approval prior to awarding a construction contract.
c. Maintain security for LIDO SANDS by requiring construction
of a temporary fence on LIDO SANDS property southerly of the wall prior to
removing the existing wall, fence and landscaping.
d. Connect new automatic sprinkler system for landscaped area on
southerly side of sound wall to existing LIDO SANDS water services and electri-
cal pedestals.
e. Pay all costs of constructing sound wall and installing
landscaping including a ninety -day maintenance period for the landscaping on the
southerly side of the wall.
f. Maintain sound wall and landscaping on northerly side of wall.
2. LIDO SANDS shall:
a. Grant CITY permanent and temporary easements for construction
and maintenance of sound wall and landscaping. The easements are shown on a
drawing marked Exhibit "A" attached hereto and by this reference incorporated
herein.
b. Approve contract drawings submitted by CITY for construction of
sound wall and installation of landscaping. LIDO SANDS approval of said
drawings shall not be withheld unreasonably.
c. Assume all maintenance costs for landscaping on southerly side
of sound wall after work has been completed in accordance with the approved
drawings.
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d. Not We any portions of sound wall Ohout written per-
mission of CITY.
3. It is mutually understood and agreed as follows:
a. Neither LIDO SANDS, nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of anything done
or omitted to be done by CITY under or in connection with any work, authority,
or jurisdiction delegated to CITY under this Agreement.
b. CITY shall, to the extent that it may legally do so, fully
indemnify, defend, and hold LIDO SANDS harmless from any liability imposed for
injury occurring by reason of anything done or omitted to be done by CITY under
or in connection with any work, authority, or jurisdiction delegated to CITY
under this Agreement.
c. Neither CITY, nor any official or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by LIDO SANDS under or in connection with any work,
authority, or jurisdiction delegated to LIDO SANDS under this Agreement.
d. LIDO SANDS shall, to the extent that it may legally do so,
fully indemnify, defend, and hold CITY harmless from any liability imposed for
injury occurring by reason of anything done or omitted to be done by LIDO SANDS
under or in connection with any work, authority or jurisdiction delegated to
LIDO SANDS under this Agreement.
e. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties hereto and all prelimi-
nary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and LIDO SANDS.
f. Where any legal action is necessary to enforce any provision
hereof for damages by reason of an alleged breach of any provisions of this
Agreement, the prevailing party shall be entitled to receive from the losing
party all costs and expenses in such amount as the court may adjudge to be
reasonable costs of litigation.
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g. All 0 ces which may be given hereunao shall be in writing
and, if given to CITY, may be given personally to the Mayor, City Manager or
City Clerk of CITY, or may be mailed by first class mail with postage prepaid to
3300 West Newport Boulevard, Newport Beach, CA 92663 -3884, and, if given to
LIDO SANDS, may be given personally to an officer of LIDO SANDS or may be mailed
by first class mail with postage prepaid to Lido Sands Community Association,
4901 Lido Sands Drive, Newport Beach, CA 92663 Either party may give written
notice to the other of a different address to which notice by mail should be
sent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signatures.
DATED: �/ Ze. `, 1gep
DATED: I C-IQ _18Q_99
APPROVED AS TO FORM:
Qlu"'-v "�Q
Carol Kora e, ASSlStaM Ulty Attorn
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
LIDO SANDS COMMUNITY ASSOCIATION
M
M1
CITY OF NEWPORT BEACH
Mayor
ATTEST:
On this 9th day of DECEMBER , 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared LARRY SCHMITZ
- -- known to me to be the President, and MARGARET GIBSON
- -- known to be to be the Secretary of LIDO SANDS COMMUNITY
ASSOCIATION , the corporation that executed the within
instrument, known to me to be the persons who executed the within instrument
pursuant to its by -laws or a resolution of its board of directors.
' .._ AAA\
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WITNESS my hand and official seal.
otaey Public in and for sa' tate
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