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HomeMy WebLinkAboutC-1491 - Bicycle trail from MacArthur to Buffalo Hills ParkCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October, 27, 1972 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1491 Description of Contract Biiosway frtm MacArthur Boulevard along the Buffalo Hills ° u* Authorized by Resolution No. 7849 , adopted on October 24, 1972 Effective date of Contract October'26, 1972 Contract with The Irvine Om"M Address 550 Newport Center Drive Newport Beach, CA !mount of Contract see contraat — City tierk A G R E E M E N T THIS AGREEMENT, made and entered into by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein- after referred to as "CITY," and THE IRVINE COMPANY, a West Virginia corporation, hereinafter referred to as "IRVINE;" W I T N E S S E T H: WHEREAS, CITY and IRVINE desire to provide a public bikeway and pedestrian walkway along MacArthur Boulevard from its intersection with Pacific View Drive to the southwesterly boundary of Tract No. 7031, and thence along the southwesterly boundary of that tract to the Buffalo Hills Park; NOW, THEREFORE, IN CONSIDERATION of said premises the parties hereto agree as follows: E IRVINE agrees that it shall design and construct a public bikeway and pedestrian walkway as shown on the map attached hereto marked Exhibit "A ", which by this reference is incorporated herein and made a part hereof. IRVINE also agrees that it shall construct embankments as necessary to provide suitable bikeway grades and width and that it shall obtain a grading permit for such work from the CITY. II IRVINE further agrees that by this document it grants a license to CITY for public bikeway and pedestrian purposes over that strip of land between the southwesterly boundary of Tract No. 7031 and the southwesterly side of the public bike- way as shown on Exhibit "A ", hereinafter referred to as "Licensed Area." Said license shall remain in force and effect until such time as title to said strip of land is vested in CITY or t • 4 C.. � �` y n � `' u . �. ... '. until this Agreement is modified by the parties hereto to termi- nate said license. III CITY agrees as follows: (a) That it shall assume responsibility for main- tenance of the "Licensed Area" upon the completion of the public bikeway and pedestrian walkway; (b) That it shall pay to IRVINE the amount of Four Thousand Five Hundred Dollars ($4,500.00), which amount shall compensate IRVINE for expenses incurred in the design and installation of the public bikeway and pedestrian walkway; (c) That it shall stripe and sign, as it deems necessary, a temporary bikeway in the northerly roadway of MacArthur Boulevard from Pacific View Drive to the southwesterly boundary of Tract No. 7031 (d) That it shall waive the fee for a grading permit covering the work described in Paragraph I above. IV It is further mutually agreed by and between the parties as follows: (a) That IRVINE shall indemnify and hold CITY harmless from any liability imposed as a result of any alleged negligence by IRVINE or its agents arising out of IRVINE'S performance in the construction work provided for in this Agreement or in the performance of any construction work in the area described in Paragraph II, hereinabove. (b) That CITY shall indemnify and hold IRVINE harmless from any liability arising out of any injury to person or property resulting from the use of the "Licensed Area" and imposed as a result of any alleged negligence of CITY or its agents in CITY's performance of the construction and maintenance provided for in this Agreement. -2- LTA This Agreement may be modified, altered or amended provided that a written document setting forth such modifica- tions, alterations or amendments be executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands the date and year as is written below. DATE: OCT 26 197Z , 19 APPROVED AS TO FORM: THE IRVINE COMP By pssT City Attorney By: COMPANY DRB dm'; 9/26/72 -3- CITY OF NEWPORT BEACH yor ty Clerk CITY C -1491 See Contract File for Bicycle Trail Connection from New MacArthur Blvd to Buffalo Hills Park (Exhibit A) a Q r 0 RESOLUTION N0. 7 8 4 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR A BIKEWAY FROM MAC ARTHUR BOULEVARD ALONG THE SOUTHWESTERLY BOUNDARY OF TRACT NO. 7031 TO BUFFALO HILLS PARK WHEREAS, in connection with the park development in the Big Canyon area, construction of a bikeway by The Irvine Company was initially planned and scheduled for 1973; and WHEREAS, it has been determined that it would be desirable and in the public interest to provide the bikeway for public use in the fall of 1972, and The Irvine Company has .agreed to proceed with the construction; NOW, THEREFORE, BE IT RESOLVED by the City.Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute an agreement with The Irvine Company which will: 1. Establish the responsibilities for construction, operation and maintenance of a public bikeway from MacArthur Boulevard along the southwesterly boundary of Tract No. 7031 to Buffalo Hills Park; and 2. Provide for compensation to The Irvine Company in the amount of $4,500 to cover a portion of the extra cost incurred for a separate project to construct the bikeway in advance of the planned schedule; at such time as said agreement is approved by the City Attorney as to form. ADOPTED this 24th day of October, 1972. Mayor ATTEST: City Clerk mh 10.17.72