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HomeMy WebLinkAboutC-3065 - MOU (Bayview Way & San Diego Creek North)C -3eo6 MEMORANDUM OF UNDERSTANDING This Memorandum dated 1995 expresses the understanding of the San Joaquin Hills Transportation Corridor Agency (the "Agency "), the City of Newport Beach ( "the "City ") and Fletcher Jones Motorcars ( "Fletcher Jones') regarding certain actions designed to facilitate development of an automobile dealership on property commonly known as San Diego Creek North and depicted on Exhibit A hereto (the "Property'). The understanding of the parties is premised on the following facts: A. Fletcher Jones currently owns and operates an automobile dealership at 1301 Quail Street in the City. Fletcher Jones' lease for that property expires in December 1996, and Fletcher Jones has received offers to relocate its business outside of the City. The City would experience significant long term reductions in total tax revenues of approximately $500,000 per year in the event Fletcher Jones were to relocate the dealership outside of the City. B. The City and Fletcher Jones have determined that the Property is the only large vacant parcel in the City to which the automobile dealership may be relocated. C. Pursuant to authority granted in Government Code Section 66484.3, Agency is constructing a highway known as the San Joaquin Hills Transportation Corridor (the "Corridor"). D. The Agency acquired fee title to a strip of the Property (the "Strip ") over which it intends to construct a flyover ramp known as the Jamboree Flyover or JR -5 in connection with the Corridor (the "Flyover"). The Strip is identified as such on Exhibit hereto. The Strip was acquired by means of an offer of dedication (the "Offer LA%951200004 of Dedication ") from The Irvine Company to the Agency. The Agency has accepted the Offer of Dedication. E. The City desires to accommodate Fletcher Jones' desire to use the area underneath the Flyover to park cars sold by its dealership. Such use will require that the Flyover be constructed as a bridge rather than on fill. Design and construction of the Flyover as a bridge will be significantly more expensive to the Agency than if it were designed and constructed on fill. F. Agency desires to assist the City in its efforts to keep the Fletcher Jones automobile dealership within the City on the condition that the City compensate Agency for Agency's extra costs associated therewith. NOW THEREFORE, Agency and City intend to negotiate a formal agreement containing the following terns: 1. Agency shall convey to the City fee title to the Strip and reserve an easement for itself over the Reserved Area (as defined below) and a temporary construction easement over the Construction Easement Area (as defined below); the City shall thereafter enter into a ground lease with Fletcher Jones. In the alternative, the Agency may make such other conveyance of the Strip such that Fletcher Jones will have the ability to use the space under the Flyover to park cars sold by the automobile dealership, and the Agency or its successor will have the ability to construct and maintain the Flyover. The Reserved Area is the portion of the Strip inside of the lines measured 15 feet from the dripline of the Flyover, and identified as such on Exhibit hereto. The Construction Easement Area is the area from the edge of the Reserved Area on the west side of the Flyover to Jamboree Road and an area from the edge of the Reserved Area on the east side of the Flyover to a line 30 feet parallel to such edge. The Construction Easement Area is identified as such on Exhibit A hereto. -2- 95120004.LA1 •06!02195 2. The Offer of Dedication prohibits the Agency from making such a transfer to the City. Agency shall enter into negotiations with TIC for the amendment of the Offer of Dedication to permit the transfer. The Agency shall not be required to make the conveyance to the City if it would be required to pay TIC any monetary consideration in connection with such amendment. 3. In consideration of and contingent upon such conveyance, the City shall accept title to the salt water marsh Agency intends to construct in the vicinity of the Flyover (the "Salt Water Marsh ") and the City, its successors or assigns shall maintain it in perpetuity. City shall be entitled to review and comment on the design documents for the Salt Water Marsh, and Agency shall use good faith efforts to incorporate the City's material comments into the final design documents for the Salt Water Marsh. Agency and City agree that City will only accept title to the Salt Water Marsh if the City is reasonably satisfied that the design will provide adequate capacity for tidal flows in and out of the Salt Water. Marsh and will not cause an undue long term maintenance burden. If the City refuses to accept title to the Salt Water Marsh, the City and Agency shall mutually agree on other consideration to be provided Agency. 4. The City and /or Fletcher Jones will be subject to the following restrictions in connection with use of the Reserved Area: a. They may use the Reserved Area only for the purpose of parking vehicles sold or displayed by the dealership and vehicular and pedestrian ingress and egress; they may also landscape and /or pave the Reserved Area and construct thereon curbs and signage, and maintain such improvements other uses not specifically excluded by this Agreement in the Reserved Area. -3- 95120004.LAI - 08102!95 b. They will release the Agency from any liability for noise, vibrations, dust, curing water, diesel or steam from pile driving operations and sandblasting in connection with construction of the Flyover. C. They will release the Agency from liability for damage to their structures caused by the construction of the Flyover and for loss of visibility during construction. d. They will have no rights to comment on or approve the architecture or aesthetics of the Flyover, except that the City shall retain such rights it may have as a member of Agency. The span between the support and columns of the Flyover shall be not less than 100 feet, the supporting columns shall be round, and the Flyover shall be a cast in place box girder bridge conventionally reinforced or post tension. e. They may not use the Reserved Area in a manner which would impair the use and or safety or structural integrity of the Flyover or which would otherwise interfere with the free -flow of traffic thereon or unreasonably impair construction, maintenance or repair of the Flyover. f. The Reserved Area may not be used for the manufacture or storage of flammable, volatile, explosive or corrosive substances. g. No hazardous or objectionable smoke, fumes, vapors, dust or odors shall be permitted on the Reserved Area. h. No structures of combustible construction or buildings shall be constructed on the Reserved Area. 95120004.rA1 - 06102/95 -4- i. In no event shall the Agency be required to build any sort of soundwall on the Flyover. j. The Agency agrees that it will cause its contractor who constructs the Flyover to restore the automobile dealership site improvements which are damaged or removed as a result of the construction of the Flyover to be restored to their condition prior to such construction to the extent such restoration does not interfere with the maintenance or operation of the Flyover. 5. The Agency shall agree to a bridge structure soffit profile for the area between Bayview Way and Bristol Street which provides a .minimum 18 foot clearance above grade at the centerline of Bayview Way. The soffit profile shall also provide for a minimum 20 foot clearance above the easterly top of curb elevation on Jamboree Road northerly of Bayview Way to Bristol Street. The profile will be provided to Fletcher Jones and Fletcher Jones may provide comments designed to maximize the views of the automobile dealership from Jamboree Road. 6. The Agency and the City acknowledge that the City is paying for the extra cost of designing and constructing the Flyover as a bridge rather than on fill (in the form of accepting title to and agreeing to maintain the salt water marsh) so that the space underneath the Flyover can be used by Fletcher Jones or another lessee or agent of the City. The City accepts responsibility for providing, at no cost to the Agency, the rights and condition of title Caltrans will require for the construction of the Flyover. 7. In consideration of, but not contingent upon Agency performing its obligations under this memorandum of understanding, City has agreed to construct a portion of the future easterly extension of Bayview Way which shall connect to MacArthur Boulevard (identified as the HOV access point in the EIR/EIS for the -5- 9512000A.LA1 - 06/02/95 Corridor) and solve certain land use problems associated with such extension. The portion the City has agreed to construct is the first 600 feet from Jamboree Road heading easterly. This Memorandum is not a binding agreement, but rather expresses the intent of the parties to negotiate an agreement on the terms set forth above. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY Name: William oollett, Jr. Title: Chief Executive Officer THE CITY OF NEWPORT BEACH Name: Or dy FLETCHER JONES MOTORCARS By:_ Name: Title: -6- 95120004.LA1 - 06/02/95 EXHIBIT "A". 0 40 W NO / / .5 / / 6 QoPO / / T / �0 c� s z J - 4 CHANNEL CREEK LEGEND VIE6O SAO Q! TRANSPORTATION CORRIDOR ACENCY PROP LINE STRIP) 02 NEW EASEMENT U3 OLD EASEMENT ® SALTWATER MARSH Q JR -S FLYOVER RAMP RESERVED AREA YLS'LINE) CONSTRUCT /ON EASEMENT