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
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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.
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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