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HomeMy WebLinkAboutC-2851(C) - Funding Assistance for Upper Bay Regional Park Street and Bicycle ImprovementsTO: FROM: DATE: 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT CITY CLERK December 14, 1995 SUBJECT: Contract No. C -2851 (C Description of Contract Funding Assistance Agreement for Bike Trail and Street Improvements - Irvine Avenue and University Drive Effective date of Contract November 7, 1995 Authorized by Minute Action, approved on October 9, 1995 Contract with County of Orange Address Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach i • C BY THE CITY COUNCIL CITY OF NEWPORT BEACH APPROVED October 9, 1995 CITY COUNCIL AGENDA ITEM NO. 6 BA -016 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL C'- 2,PV(0) FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK CONTRACT NO. 2851 RECOMMENDATIONS: 1. Approve Funding Assistance Agreement with County of Orange for construction of the street and bike trail improvements adjacent to Upper Newport Bay Regional Park and authorize the Mayor and City Clerk to execute the agreement. 2. Approve the plans and specifications for construction of bike trail and street improvements - Irvine Avenue from 22nd Street to University Drive and University Drive from Irvine Avenue to easterly terminus. 3. Authorize the advertisement for construction bids for Contract No. 2851. 4. Approve a budget amendment to increase revenue $817,689 in the Contributions Fund and appropriate $817,689 to Account No. 7254 - 05100137. DISCUSSION: The County is in the process of planning and developing the Upper Newport Bay Regional Park which is bounded by Irvine Avenue, University Drive and Upper Newport •Bay. The park development provides an opportunity to complete frontage improvements along Irvine Avenue and University Drive and to incorporate an upgraded pedestrian /bike trail within the park. At their meeting on September 16, 1995, the Board of Supervisors approved the County's 1995/96 budget which includes funding for Upper Newport Bay Regional Park and the County's share of the cost for these improvements. A 50/50 cost sharing agreement, which provided for Newport Beach to administer design of the improvements was approved by the City Council and Board of 0 0 SUBJECT: BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK CONTRACT NO. 2851 October 9, 1995 Page 2 Supervisors in 1992. In 1993 the Orange County Transportation Authority (OCTA) approved SB821 funding for a portion of the pedestrian /bike trail improvements in the amounts of $250,000 /City and $300,000 /County. Last year project construction was delayed due to a freeze on County spending related to the bankruptcy. OCTA granted an extension, but the SB821 funds must be encumbered by the award of a construction contract by December 31, 1995, or we run the risk of losing the SB821 funds. County funds are now available for the project and City funds have been provided in the current budget. See attached letter (Attachment A) from Orange County Harbor, Beaches and Parks notifying the City of the Board of Supervisors' action to approve the 1995/96 budget. Orange County prepared the environmental documentation for park development including these improvements and the City Council certified the Environmental Impact Report No. 525 on June 12, 1993. Orange County applied for and has received the Coastal Zone Permit for the project. Project construction provides for 1) street pavement, curb and gutter; a 2 -foot wide • decorative concrete strip behind the curb, fire hydrant upgrades, drainage and grading improvements along the east side of Irvine Avenue; 2) a new right -turn lane on Irvine Avenue and signal improvements to the Irvine Avenue /University Drive intersection; 3) street pavement, curb and gutter, sidewalk, grading and drainage improvements to the south side of University Drive; 4) cul -de -sac improvements at the terminus of University Drive; 5) the removal of the existing A.C. trail along Irvine Avenue and: 6) grading, retaining wall, drainage, erosion control, native plant seeding, irrigation and A.C. pavement to provide for a new pedestrian /bike trail within the park. See attached sketch (Attachment B) for location of improvements. The estimated construction cost for the improvements is $1,450,000. The plans and specifications have been prepared by IWA Engineers. Construction is scheduled to begin in January with completion by September 1996. The cost sharing agreement provides for the City to administer construction of the project, with funding for the construction and future maintenance of the improvements to be shared by both the City and the County. • A summary of the agreement is as follows: 1. City agrees to administer construction of the improvements. a. Award construction contract by December 31, 1995. b. Complete construction by September 1, 1996. 0 0 SUBJECT: BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK CONTRACT NO. 2851 • October 9, 1995 Page 3 2. City and County agree to fund improvements as follows: TOTAL $682,311 $817,689 $1,500,000 3. City and County agree to maintain improvements as follows: a. City to maintain improvements within street right -of -way. b. County to maintain improvements within park boundary. 4. City and County agree to right -of -way and property exchanges at completion of construction. a. City will quit claim City interest in 6 -acre Parcel No. 119- 261 -19 located within park and County. • b. City and County agree to a property exchange in order to provide street right -of -way for Irvine Avenue improvements in exchange for a portion of excess University Drive right -of -way. ITEM CITY COUNTY a. Bike Trail Improvement 1. SB821 $250,000 $300,000 $ 550,000 2. Other 91,541 91,541 183,082 b. Irvine Avenue Improvements 232,048 232,048 464,096 c. University Drive Improvements 169,100 169,100 d. University Drive Cul -de -sac 83,722 83,722 SUBTOTAL $657,311 $792,689 $1,450,000 • e. Additional Design to complete the Plans 25,000 25,000 50,000 TOTAL $682,311 $817,689 $1,500,000 3. City and County agree to maintain improvements as follows: a. City to maintain improvements within street right -of -way. b. County to maintain improvements within park boundary. 4. City and County agree to right -of -way and property exchanges at completion of construction. a. City will quit claim City interest in 6 -acre Parcel No. 119- 261 -19 located within park and County. • b. City and County agree to a property exchange in order to provide street right -of -way for Irvine Avenue improvements in exchange for a portion of excess University Drive right -of -way. • SUBJECT: BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE AVENUE AND UNIVERSITY DRIVE ADJACENT TO UPPER BAY REGIONAL PARK - CONTRACT NO. 2851 October 9, 1995 Page 4 10 5. Payment a. City will invoice County for 90% of County share at award of contract. b. City will prepare Final Project Report to accompany final invoice for remaining County share at completion of project. C. County will make payment within 60 days of receipt of invoice. The City's share of the project cost are available in the current budget as follows: 7283- C5100203 $250,000 (SB821) 7013- C5100137 $411,811 (General Fund) 7013- C5100137 $ 20,500 (General Fund) A budget amendment to provide for the County's share of the project cost is included • for City Council's consideration. If approved, the budget amendment provides for Orange County's share as follows: 7254- C5100137 Respectfully submitted, Q�d PUBLIC WORKS DEPARTMENT Don Webb, Director JW:so $817,689 (Contribution Account) L' Wolter • erative Projects Engineer Attachment FROM :EMA HBP DIRECTOR TV O F AN G E TO: 7146443318 SEP 29, 1995 3 :06PM P.01 MICHAEL M. RUANE DIRECTOR, EMA ROBERT 0. FISHER bIRECTOR OF HARBORS, BEACHES 6 PARKS ENVIRONMENTAL MANAGEMENT AGENCY HARBORS, BEACHES AND PARKS Mr. John Wolter, Engr. city of Newport Beach Public Works Department 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658 -89 September 29, 1995 LOCATION: 300 N. FLOWER ST. FOURTH FLOOR SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 82702.4D48 TELEPHONE: (714) 834 -6667 FAX 4 6344744 Post -It" brand fax transmittal memo 7671 # 01 pages To { From Ca Do. Dept. Photo # Fax# Fax Subject: Upper Newport Bay Regional Park - Bicycle Trail and Street improvements - • Dear John: On September 26, 1995, the Board of supervisors approved the Fiscal Year 1995/6 Harbors, Beaches and Parks, (HBP) budget, That budget provides an allocation for the first phase construction of park improvements at upper NewpurL Bay Regiw.al P6Lk ( UNBRP) . Am yuu know, Lhe COUnLy has received all SB 621 Bicycle Trail Grant and, per a 1992 agreement with your City, has agreed to incorporate in the design and development a regional bicycle trail and street improvements along University Drive and Irvine Avenue, The purpose of this writing is to reaffirm our commitment to use our SB 821 grant funds and supplemental HBP funds, to construct the bicycle trail and street improvements. If you have any questions regarding this issue, please call Ernest Seidel, UNBRP Project Manager at 834-6668 Very tr ly yo rs, • Denton , Design Manager Habors, Beaches and Parks /EMA DT:pr cc: Bob Fisher ATTACHMENT A HBP Managers , Kathie Matsuyama Ernest Seidel F- z x U H Q � J a a a � d ro � o.� Monte Vista o O H p H z P74 z l F "zH ]wI.- P�4' z � w t-7 Santa Isabel Street �D �z" wwu z� 0� ,\ tL � d � "z 23 rd Street t�iJNi 1 5Q� antiaco Drive . i 1'. 2 3' 4; 5; 61 7', 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROJECT: 0 Upper Newport Bay Reg. Park Street and Bicycle Improvements (Job No. BHOSS96) FUNDING ASSISTANCE AGREEMENT • Agreement No. D95 -116 C° - 2�'T/ (C) This AGREEMENT is made and entered into this day of DI'Q/�2,%l -!' 1995, BY AND BETWEEN The City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY," AND The County of Orange, a subdivision of the State of California, hereinafter referred to as "COUNTY." R E C I T A L S WHEREAS, the COUNTY intends to construct the proposed Upper Newport Bay Regional Park bounded by Irvine Avenue, University Drive and the Upper Newport Bay Ecological Reserve; and WHEREAS, said regional park and the existing regional bikeways in the vicinity of Upper Newport Bay extending along Irvine Avenue from Santiago Drive to University Drive and along University Drive from Irvine Avenue to Jamboree are included in both the CITY's and COUNTY's General Plans; and WHEREAS, Irvine Avenue is a primary arterial highway in need of frontage improvements and University Drive is a local street in need of frontage improvements; and WHEREAS, the proposed regional park development provides an opportunity to incorporate an upgraded bikeway within the park, separated from adjacent vehicular traffic; and WHEREAS, the CITY and COUNTY desire to establish a cooperative project, -1- r 2 51 .0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • Agreement No. D95 -116 generally known as the "Upper Newport Bay Regional Park - Street and Bicycle Improvements," hereinafter referred to as "PROJECT," in which said frontage improvements and bicycle /pedestrian facility may be designed and ultimately constructed; and WHEREAS, the CITY and COUNTY entered into an agreement for the design of the proposed improvements on August 18, 1992 and such work has been completed to the satisfaction of both parties; and WHEREAS, the CITY and COUNTY have jointly applied for funding of regional bicycle and pedestrian facilities under the SB 821 program; and WHEREAS, the CITY and COUNTY desire to construct said improvements which are estimated to cost approximately $1,450,000 for PROJECT development, construction and construction administration. NOW, THEREFORE THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. PROJECT a. PROJECT shall consist solely of design, construction and contract administration of the following: 1) street, drainage, signal and grading improvements to the east side of Irvine Avenue from Santiago Drive to University Drive; 2) street drainage, signal and grading improvements to the south side of University Drive from Irvine Avenue to the easterly terminus of University Drive, and 3) bike trail paving, drainage, grading, retaining wall and erosion control improvements within the park, and 4) street drainage and grading improvements for the University Drive cul -de -sac. b. PROJECT is located within the City of Newport Beach, California, and is more specifically described and illustrated in City of Newport Beach Plans Drawing No. R- 5686 -5, entitled "Class I Bike Trail and Street Improvements of Irvine Avenue from 22nd Street to University Drive and University Drive from Irvine Avenue to the Easterly Terminus." See accompanying site plan, entitled Exhibit "A," -2- • Agreement NO. D95 -116 i i' i 1 attached hereto and by this reference made a part thereof. 2')2. PERFORMANCE 31 CITY agrees to award contract(s) for construction of said PROJECT by 4j1 December 31, 1995 and to complete PROJECT by September 1, 1996. i 5 period for completion as set forth herein however, shall be extended by the 6i period that completion is delayed by acts otherwise outside the control of CITY. 7� 3. FINANCIAL ASSISTANCE 8� a. The estimated cost for construction of the PROJECT, including I' 9, contingencies and contract administration, is $1,450,000. See accompanying Exhibit 10 B, attached hereto and by this reference made a part thereof. 11 b. Design costs amounting to $50,000 in excess of the amount 12 authorized in the Design Agreement dated August 18, 1992 were necessary to complete 13 the design changes required by the proposed park improvements. CITY and COUNTY will 14 share the additional design costs on on a 50:50 cost basis under terms of this 15 agreement. 16 c. Cost for each party under the terms of this agreement are as 17 follows: 18 1) Construction /Contract Administration 19I CITY COUNTY TOTAL 20 (a) Bike Trail Improvements 21 1) SB 821 $250,000 $300,000 $ 550,000 2) Other 91,541 91,5411 183,082 22 (b) Irvine Avenue Improvements 2320048 232,048 464,096 23 (c) University Drive Improvements 0 169,100 169,100 24 (d) University Drive Cul -de -Sac 83.722 -0- 83.722 25 Sub -total $657,311 $7920689 $1,450,000 26 2) Additional Design 25,000 25,000 50,000 27 Total $682,311 $817,689 $1,500,000 28 -3- I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 • Agreement No. D95 -116 d. Funding assistance in an amount not to exceed $832,050, shall be • provided by COUNTY from its Harbors, Beaches and Parks County Service Area No. 26 budget. Funding assistance shall be used solely for PROJECT's development and construction costs, including, but not limited to: architectural design, engineering plans and specifications, contract labor, construction materials, machinery /equipment rental, and /or site reports). Such costs shall not include any expenses for CITY's staff salaries, fund- raising, on -going operations and maintenance of any facilities, purchase of equipment, supplies, permit fees or other administrative expenses or overhead. e. The County's Director of Harbors, Beaches and Parks /Environmental Management Agency, hereinafter referred to as DIRECTOR, or designee, shall have the authority to make budget adjustments to the AGREEMENT, with concurrence of CITY, as deemed necessary in order to advance the purposes of this AGREEMENT, provided that such action does not, in the aggregate, exceed the total amount of financial assistance specified in sub- paragraph d. above, without further approval by the j Board of Supervisors. 4. a. CITY hereby designates John Wolter to act on its behalf as Project Manager for street and bicycle trail improvements. b. CITY shall have the sole responsibility obtaining and complying with all governmental agency approvals for said PROJECT, including, but not limited to the selection of contractors, management of contractors' work, administration of contracts for compliance with the requirements of all applicable local zoning and building codes and other regulations. for PROJECT. C. CITY shall design and prepare plans, specifications and estimates d. CITY shall solicit construction bids and shall award construction -4- • Agreement No. D95 -116 1 11 contract only after obtaining written authorization from DIRECTOR. 21; e. CITY shall obtain approval from DIRECTOR for all change orders to 3 PROJECT pertaining to construction items for which COUNTY is financially 41 responsible; approval shall not be unreasonably withheld for necessary change 5i orders. Minor Change orders and change orders which involve an emergency or i 6i inconvenience to the general public may be authorized by telephone with written I 7i approval to follow. 8� 5. OPERATIONS AND MAINTENANCE 9 CITY and COUNTY agree to operate and maintain PROJECT, or cause the 10 operation and maintenance thereof through others, for the use by and benefit of 11 residents countywide. The CITY shall be responsible for operations and maintenance 12 of improvements within the street right -of -way, and the COUNTY for improvements 13 within the park. 14 6. NOTIFICATION OF COMPLETION i 15 CITY agrees to provide COUNTY with written notification of the date of i6 completion for said PROJECT. "Completion" or "completed" as used herein shall mean 17, the completion of all construction required under said 18 AGREEMENT. Notice of Completion shall be filed with the DIRECTOR within thirty (30) 19 days after completion of PROJECT and acceptance of work by City Council. 20 7. CITY shall: 21 a. remain "A responsible agency" for services required under this 22 AGREEMENT, within the context of the California Environmental Quality Act of 1970 as 23 amended. 24 b. provide staff assistance and all permits necessary for PROJECT at 25 no cost to COUNTY. 26 C. complete PROJECT by September 1. 1996, as evidenced by contract 27 Notice of Completion, executed by CITY and filed with COUNTY, 28 s- • ` Agreement No. D95 -116 I 1! d, invoice COUNTY for 90 percent of County share of PROJECT cost based 2 on actual bid prices and design cost at award of contract. At completion of 3' PROJECT, invoice COUNTY for remaining portion of COUNTY's share of PROJECT cost. 41 All invoices shall include a project cost summary, complete with documentation of 5 all PROJECT expenditures. All invoices shall be subject to the routine processing i 6 requirements of COUNTY'S Auditor - Controller. Within 90 days after completion of Iii work, prepare and submit to COUNTY a final project report completed with project gi documentations, warrants, paid bills /and or invoices. f 9 e. permit COUNTY to review records relating to PROJECT expenditures. �I 10i Records shall be retained and made available to COUNTY for review for a minimum of 11 three (3) years after completion of PROJECT. 12 S. COUNTY shall: i 13i a. County hereby designates Ernest Seidel to act on its behalf as 14� Project Manager for Upper Newport Bay Regional Park. 15 b. remain the "lead agency" for services required under this 16 agreement, within the context of the California Environmental quality Act of 1970, ; 17; 1 as amended. f i 18 c, Remit funds to CITY, as specified in Paragraph 3 above, within 19 sixty (60) days of receipt of invoice. 20 d. grant the CITY and its agents and employees a revocable right to 21 encroach on park property for PROJECT construction as set forth in following 22 paragraph 1113 -a, Indemnification," and for access and egress thereto. 23 9. NOTICES 24 a. Notices or other communications which may be required or provided 25 under the terms of this AGREEMENT shall be given as follows: 26 (/l 27 281 -6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • • Agreement No. D95 -116 COUMY: Director of Harbors, Beaches and Parks Environmental Management Agency County of Orange P.O. BOX 4048 Santa Ana, CA 92702 -4048 Attn: Ernest Seidel (714) 834 -6668 CITY: Director or Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: John Wolter (714) 644 -3326 INVOICES: Environmental Management Agency Financial Operations P.O. Box 4048 Santa Ana, CA 92702 -4048 b. All notices shall be deemed effective when in writing and delivered in person or deposited in the United states mail, first class, postage prepaid and addressed as above. Any notices, correspondence, reports and /or statements authorized or required by this AGREEMENT, addressed in any other fashion shall be deemed not given. The parties hereto may change the addresses to which notices are to be sent by giving notice of such change to the other party. 10. a. Prior to CITY's commitment of funds such as award of contracts to expend funds that would be reimbursed by COUNTY pursuant hereto, either party may terminate this AGREEMENT with or without cause, upon notice to the other party. b. After CITY has made a commitment of funds to PROJECT, COUNTY may terminate only if CITY does not proceed with PROJECT in accordance with the provisions hereof. C. Notice of termination shall be in writing and shall state the cause for termination, if cause is required, and the date upon which such termination is effective. Notice shall be served as provided in Paragraph 9, above. 1 2811 -7- • Agreement No. D95 -116 11. FAILIIRH TO COMPLETE 21 CITY agrees that in the event it, or its successor in interest, does 3,j not complete construction of said PROJECT as specified in Paragraph 2 above, 41 AGREEMENT shall be subject to termination as specified in Paragraph 10 above. 51 12. PROJECT RIGHT OF WAY 6'1 i 1 The Upper Newport Bay Regional Park is bounded by Irvine Ave, AUniversity Drive and the Upper Newport Bay Ecological Reserve. Property within the I 81 park boundary is owned by the CITY and the County. The existing property is I 9i encumbered with a series of trail easements for public access. The adjoining 101 portions of Irvine Ave and University Drive are within easements to the CITY. The 11 construction of the bike trail improvements will be within both CITY owned property 121 and COUNTY owned property. The construction of the Irvine Avenue street i 131 improvements near University Drive will be within existing street easement and a 1 1411 small portion of COUNTY property. It is the intention of both parties that at the I 15i completion of project construction the COUNTY will own all property within park 161 boundary. The Class 1 bike trail is within the park boundaries, and the new bike 171 trail and proposed park trails provide public access as anticipated by the existing 18! trail easements. It is therefore agreed that the following actions take place at i 191 completion of construction. 20� a. CITY agrees to quitclaim CITY interests in parcel Assessor's Parcel 211 #119 - 261 -19 located within park to COUNTY. 22 b. CITY and COUNTY agree to a property exchange to provide needed 231 street right -of -way for Irvine Avenue in exchange for portion of excess University 24 Drive right-of-way. "Exhibit V 25I C. COUNTY shall prepare a map depicting trail locations within park to 26� replace existing public access easements. 27I see attached Trail Alignment Plan, marked "Exhibit C ", and by this reference made a 28 e- • Agreement No. D95 -116 I 1• part thereof. 2 13. INDEMNIFICATION 31 a. Neither COUNTY nor any officer or employee thereof is responsible f 4i for any damage or liability occurring by reason of anything done or omitted to be 5j done by CITY under or in connection with any work, authority or jurisdiction I 6' delegated to CITY under this Agreement. It is understood and agreed that, pursuant 7' to Government Code Section 895.4, CITY shall fully defend, indemnify and save 8 harmless the COUNTY, all officers and employees from all claims, suit or actions of g every name, kind and description brought for or on account of injury (as defined in 10 Government Code Section 810.8) occurring by reason of anything done or omitted to be 11 done by CITY under or in connection with any work, authority or jurisdiction 12 delegated to CITY under this Agreement. 13 b. Neither CITY nor any officer or employee thereof is responsible for 14 any damage or liability occurring by reason of anything done or omitted to be done 15 by COUNTY under or in connection with any work, authority or jurisdiction delegated 16 to COUNTY under this Agreement. It is understood and agreed that, pursuant to 17 Government Code Section 895.4, COUNTY shall fully defend, indemnify and save 18 harmless CITY, all officers and employees from all claims, suit or actions of every 19 name, kind and description brought for or on account of injury (as defined in 20 Government Code Section 810.8) occurring by reason of anything done or omitted to be 21 done by COUNTY under or in connection with any work, authority or jurisdiction 22 delegated to COUNTY under this Agreement. 23 14. AssicNeZN'r 24 Any transfer or assignment of CITY's interest in PROJECT, or any part 25 or portion thereof, shall first be approved in writing by COUNTY, 26 which approval COUNTY shall not unreasonably withhold. Failure to obtain COUNTY's 27 required written approval of any proposed transfer or assignment will render this 28 9- 4 5� 6i 71 81 9 �I 101 11I 12 13, 14� 151 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Agreement No. D95 -116 AGREEMENT terminated, as specified in Paragraph 10 above. 15. WAIVER OF RIGHTS The failure of COUNTY or CITY to insist upon strict performance of any of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right or remedy that COUNTY or CITY may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of the AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of this AGREEMENT. 16. TERM OF AGREEMENT The term of this AGREEMENT shall commence upon execution by COUNTY's Board of Supervisors and shall terminate on December 31. 1996, or on a date subject to the performance requirements specified in Paragraph 2, or in accordance with the termination provisions of this AGREEMENT described in Paragraph 10. Obligations under Paragraph 5 above, shall remain in effect and be enforceable by COUNTY unless all funds paid by COUNTY thereunder to CITY have been refunded to COUNTY. 17, EFFECT OF AGREEMENT This AGREEMENT fully expresses all understanding of the parties and is the total AGREEMENT between the parties as to the subject matter of this AGREEMENT. No addition to or alteration of the terms of this AGREEMENT, whether written or verbal, by the parties, their officers, agents or employees, shall be valid unless in the form of a written amendment to this AGREEMENT, and is formally approved and executed by all parties. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Agreement No. D95 -116 IN WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly authorized representative as of the date set forth above. DATE: 'f DATE: hO /3 95 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD BY: ORANGE of the Board of rs of Orange County, CITY OF NEWPORT BEACH BY: NV NA i4-o T.,k APPROVED AS TO FORK: LAURENCE K. WATSON ACTING COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA N"-W, E G��S v \ ""' BY:/ .0 1� Kathleen E. Goodno outy Acting Clerk of the Board of Supervisors of Orange County, California /A /T`1fTEST : !� O Wanda Raggio, City rk City of Newport Beach KWS:up /noRED02- 408(5275)5092812022278 Attachment: Exhibit A Exhibit B Exhibit C Robin r1auson, Assistant City Attorney City of Newport Beach 9 0 �� poi r �• �Y L1 UNIVERSITY OF CALIFORNIA IRVINE IMF,, IN c OF. IRVINE r Q2 CITY OF NEWPORT BEACH PROPOSED IRVINE AVENUE EXHIBIT A CLASS I - REGIONAL TRAIL 130u rnB Stpleoibct It, 1995 City of Newpw Beach C64 E6t411a11 .Pralwadby: IW A Paylowls 0170111.m. wm wy :• .<.� Cao Coal COS . .... >. .... .. '� ♦ <.'. .:.. .414. � .<.i:: MobSmam LS :: :... 'k. .... P .... .R... ' ..� H'. $109215 WA45 10,9,610 87406 55,000 D.ladl'mfk C.Itro1 LS 517.000 $3,000 554000 C7aQ od 001406 AC 11,2346 9.30 $11,17s 1.71 SZ400 11.4 314773 fl..o1a 0a'6'OA k O.wi 1F 5200 160 $1,510 110 1220 170 11,740 R.mw Co.a.p V4)eA IF 35.6 Its 592s 115 5913 R1 AC by m w(5o.AwP) SP 0100 27556 355,112 7930 sl 1,1w 5546 004913 RQ.... 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INTERPRETIVE NODE ORNAMFMAL VERNAL ESTABU EXHIBIT C r 1t NOT TO 5CFlLE Cam' LEGEND l% / / % / %// • r m=11 I WI 4 d .a EXHIBIT D • 0 BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES NOVEMBER 7, 1995 AGREEMENT NO, D95 -116 WITH THE CITY OF NEWPORT BEACH FOR DESIGN Management Agency requests approval of an agreement to share the cost of a regional bicycle trail and street improvements associated with Upper Newport Bay Regional Park. MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Silva, the Board authorized execution of Agreement No. D95 -116 with the City of Newport Beach. MOTION UNANIMOUSLY CARRIED. NOV 1 519