Loading...
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 1of4 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. 2 o 4 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. 3 of 4 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\ .''' r ,i PORN A j \� WITNESS my hand and official seal. otaey Public in and for sa' tate 4 of 4 I i;. mod, ti tea• t W � I., a a ; S,T2EE7 iTep ^ •aI w�ue p a�AI e 2 C'k er.ar ai 'i a h • p � - ti clY I'pk Fir 7Q t. STBE p of N ♦�I t .n . �I ,•mv t u ?li r. - ti• I t. STi i0m ml, 9 it 57 �N Thy `t s iNA \ 90 M d �Z a �m 1+6 P' m `�Iyy mz °v iy ° a m `�' Y, �yx n iy n A = h= � IlMl�to� ,J p¢ A ♦ II�h'# D 1g z I •I I I O. I IU o a I i;. mod, ti tea• t W � I., a a ; S,T2EE7 iTep ^ •aI w�ue p a�AI e 2 C'k er.ar ai 'i a h • p � - ti clY I'pk Fir 7Q t. STBE p of N ♦�I t .n . �I ,•mv t u ?li r. - ti• I t. STi i0m ml, 9 it 57 �N Thy `t s iNA \ 90 M d > 1+6 �zm `�Iyy mz °v 0 Z r m `�' Y, .° gyp• " A a n z x w -14 a� Wo s �. _ ►1 i C7 a e G1 A N az 11 R \ � x I Mti x ` ao N \ x n ^ ♦+s� \ mug a � '1/107 7AVJ \j1 I m I„ O ; • $ Z02 \\ z r ; $ 601 i C mE 1 \ v1\ t o ii O�I yr k .m 0 01 W , m i a; = Ifi z = f,q 14 V. 11 � � • I D ' J,' S II 4E ry I i I1 y • OOi7 Opo am �z of N A 1+6 eRl� °v 0 Z r m `�' Y, .° gyp• " A m z r ♦