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CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
December 10, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Jim Houlihan, Deputy Public Works Director/City Engineer - 949- 644-3319, [email protected]
TITLE: Approval of Reimbursement Agreement with Cameo Community Association for East Coast Highway Beautification
ABSTRACT:
East Coast Highway (Highway) from Seaward Road to Pelican Point Drive is currently a patchwork of different landscape palettes and there is a desire in the community to complete a comprehensive landscape overhaul to beautify one of the primary entry points to the city. Staff has been coordinating with the homeowners' associations (HOAs) and residents adjacent to the Highway over the past few years and recognizes that as each neighborhood has unique conditions and requirements, there will need to be various funding, construction and maintenance methods employed to complete the entire landscape effort. The section of Highway adjacent to the Cameo Highlands neighborhood includes 12 individual private properties on Cortland Drive that back to the Highway. Staff requests City Council approval to enter into a Reimbursement Agreement with the Cameo Community Association for Irrigation and Landscape Improvements associated with these 12 properties.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (rehabilitation of existing landscape) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; and b) Approve a Reimbursement Agreement with the Cameo Community Association for Irrigation and Landscape Improvements in the City of Newport Beach, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Landscaping along the Highway from Seaward Road to Pelican Point Drive has historically been determined by individual property owners and HOAs. There is now a desire by residents in Cameo Shores/Highlands, Shore Cliffs and the Corona del Mar Villas, as well as the Corona del Mar Residents Association (CdMRA), to enhance and beautify this stretch of Highway as it is one of the primary entry points to the City and Corona del Mar Village.
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Approval of Reimbursement Agreement with Cameo Community Association for East Coast Highway Beautification
December 10, 2024
The section of Highway along the frontage of the Cameo Highlands neighborhood involves improvements to 12 individual private properties. Staff worked with the Cameo Community Association to negotiate a way forward for the landscape and maintenance of this portion of Highway frontage. The 12 properties on Cortland Drive that back to the Highway were part of a trust that built a project that included a large retaining wall and landscaping along the Highway in the 1990s. The landscaping fronting the Highway has been maintained by the 12 individual property owners over the past 30 years and has a history of partial neglect. It is mostly deteriorated. Additionally, the wall built by the trust has been compromised in at least one location, likely due to the previous landscaping and the lack of maintenance. Each property owner is responsible for their portion of the retaining wall and the failed portion of the wall is being addressed. The Cameo Community Association has obtained an easement and an agreement from each of the property owners to clear the existing landscaping in front of the wall and install new irrigation and landscaping, as well as allow the HOA to provide ongoing maintenance for the area. Any landscaping on the wall will be the responsibility of the property owner. To provide a comprehensive landscape palette along the Highway and facilitate construction of the improvements, staff recommends that the City Council approve a reimbursement agreement that will pay for the design and construction of the initial new irrigation and landscaping. The HOA will then be responsible in perpetuity for the ongoing care, irrigation and maintenance of this easement area over the 12 individual private properties.
FISCAL IMPACT:
The budget for the agreement is $190,658. The reimbursement funds will be recognized in, and the associated costs will be expensed to, the Capital Improvement Program (CIP) - Landscape Enhancement (Project No. 251-01).
ENVIRONMENTAL REVIEW -
Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (rehabilitation of existing landscape) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Reimbursement Agreement
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ATTACHMENT A
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ATTACHMENT B
REIMBURSEMENT AGREEMENT
WITH CAMEO COMMUNITY ASSOCIATION FOR
IRRIGATION AND LANDSCAPE IMPROVEMENTS IN THE CITY OF NEWPORT BEACH THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of this 12th day of November, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CAMEO COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation ("HOA"), whose address is 9060 Irvine Center Drive, Irvine, CA 92618 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. HOA is the homeowners' association that governs the Cameo Highlands neighborhood in the City of Newport Beach, California as depicted in Exhibit "A." C. In 1991, an approximately 11-foot 6-inch retaining wall with a tempered glass windscreen was constructed on twelve (12) contiguous residential properties located at 4709-4839 Cortland which front Coast Hwy E ("Retaining Wall") pursuant to Modification No. 3928.
D. The residential properties at 4709-4839 Cortland (the "Lots") are legally described in Exhibit "B" and the Retaining Wall is generally depicted in Exhibit "C" ("Coast Hwy E Frontage").
E. The property owners at 4709-4839 Cortland are members of the HOA (the "Cortland Owners"), and own the Retaining Wall. The Cortland Owners are completely responsible for the Retaining Wall and the HOA has no responsibility for the Retaining Wall. -F. The HOA now wishes to install irrigation on the Cortland Owners' Lots, which will improve landscaping along the Coast Hwy E Frontage. The HOA will be responsible for the installation of landscape and irrigation on the Coast Hwy E Frontage portion of the Cortland Owners' Lots (the "Project").
G. The City desires to financially contribute to the Project in order to better protect the integrity of the Retaining Wall, and thus, better protect pedestrians, cyclists and vehicles along the Coast Hwy E Frontage as well as to assure the landscape on the Coast Hwy E Frontage is in keeping with the City's standards.
H. HOA obtained a bid proposal for the Project and the City is willing to contribute to complete the Project subject to the conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT 7-4
1. TERM
The term of this Agreement shall commence on the Effective Date and shall terminate upon issuance of a written final request for payment and payment by the City to HOA. HOA and City agree to work cooperatively so the Project can be completed.
2. PERFORMANCE
2.1 Prior to the start of construction of the Project, HOA shall obtain temporary construction access easements to complete the Project and permanent access easements to maintain the Project improvements from each property owner at 4709- 4839 Cortland and approved as to form by the City Attorney's Office.
2.2 HOA shall complete the Project and perform all work to complete the Project, including but not limited to design, construction, testing, inspection and management oversight, in accordance with the plans approved by the City ("Project Plans") and Project bid ("Project Bid Summary"), which are attached hereto as Exhibits "D," and "E' respectively and incorporated herein by this reference. HOA shall require its contractor to complete the Project in conformance with the Project Plans and Project Bid Summary. The Project Plans may be amended, changed or modified from time to time upon the written consent of City and HOA.
2.3 HOA shall require its contractor to obtain an encroachment permit from City prior to commencing work on the Project.
2.4 HOA shall perform, and ensure its contractor performs, all work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. HOA shall be Liable for any private or public property damaged during the work of the Project.
3.1 HOA shall be responsible for making all payments to its contractor for completion of the Project. City's obligation under this Agreement shall be to reimburse HOA; City shall not be responsible for making payments to HOA's contractor or ensuring the contractor is paid.
3.2 Following final completion of the Project by HOA's contractor, HOA shall provide the City with written notice of final completion and schedule a time for the City to inspect the Project area to confirm completion in accordance with the Project Plans and Project Bid Summary. Upon confirmation by the City that the Project is complete, the City shall pay to HOA within thirty (30) calendar days the Project Bid Summary amount not to exceed the Project Bid Summary, or such lesser amount expended on the Project and owed by City.
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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3.3 City may withhold payment to HOA of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. HOA shall have an immediate right to appeal to the City Manager with respect to such disputed sums.
HOA shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
4. INSPECTION
City shall have the right to inspect the construction of the Project as it deems necessary to assure compliance with the Project Plans, including shop drawing review and material inspection thereof. City shall have access to all phases of the construction work. City will promptly notify HOA of any portion of the work on the Project which appears not to conform to the Project Plans. The determination as to conformity of the Project with the Project Plans shall be made by City in its sole discretion. City agrees not to unreasonably withhold its approval as to such conformity of the Project with the Project Plans.
5. LAWS, RULES AND REGULATIONS
HOA shall comply with all laws, rules and regulations, including, but not limited to, all applicable requirements of the California Labor Code, prevailing wage laws, and the ordinances, rules and regulations of City, in connection with the construction of the Project.
HOA shall also require its construction contractor to comply with the same and incorporate such requirement in its contract with contractor.
6. PROJECT CONTACTS
6.1 HOA shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. HOA will designate and notify the City who has been selected to be its Project Manager prior to the commencement of any work. HOA shall not remove or change the Project Manager without prior written notice to City.
6.2 City designates City's Deputy Public Works Director to be the Project Administrator on behalf of the City. The Project Administrator shall represent City in all matters pertaining to the Project.
7. RELATIONSHIP BETWEEN THE PARTIES
It is understood that City and HOA have neither an independent contractor nor an agency nor an employer -employee relationship. The manner and means of conducting the Project are under the control of HOA, except to the extent it is limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for HOA or any of HOA's employees or agents, to be the agents or employees of City. Nothing in this Agreement shall create any contractual relationship
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. HOA shall have the responsibility for and control over the means of performing the Project, provided that HOA is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct HOA as to the details of the performance of the Project or to exercise a measure of control over HOA shall mean only that HOA shall follow the desires of City with respect to the results of the Project.
8. RECORDS
HOA shall keep complete and accurate records and invoices in connection with the Project and any costs charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to HOA under this Agreement. All such records and invoices shall be clearly identifiable. HOA shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. HOA shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to HOA under this Agreement.
9.1 For purposes of this Section, the following terms are defined as follows:
9.1.1 Environmental Law. "Environmental Law" shall include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the Effective Date, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the foregoing, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USC §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USC §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USC §§ 1251 et seq]; the Toxic Substances Control Act (TSCA) [15 USC §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USC §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USC §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USC §§ 6901 et seq.]; the Clean Air Act [42 USC §§ 7401 et seq.]; the Safe Drinking Water Act [42 USC §§ 300f et seq.]; the Solid Waste Disposal
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT 7-7
Act [42 USC §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USC §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USC §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USC §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H&S §§ 25280 et seq.]; the California Hazardous Substances Account Act [H&S §§ 25300 et seq.]; the California Hazardous Waste Control Act [H&S §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H&S §§ 24249.5 et seq.]; the Porter -Cologne Water Quality Act [Water §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above.
9.1.2 Hazardous Materials. "Hazardous Materials" shall include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant, under any Environmental Law.
9.1.3 HOA's Obligations. HOA will not conduct the Project in violation of any Environmental Law.
9.2 Environmental Indemnity and Hold Harmless. HOA shall indemnify, defend, and hold City and its City Council, officers, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages (as defined below) that may at any time be imposed upon, incurred by, or asserted or awarded against City or any of them in connection with or arising from any breach of HOA's obligations hereunder or out of any violation by HOA of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials due to the Project on the Coast Hwy E Frontage or the use or misuse of the Coast Hwy E Frontage by HOA. The term "Damages" shall mean all liabilities, demands, claims, actions or causes of action, regulatory, legislative or judicial proceedings, assessments, levies, losses, fines, penalties, damages, costs and expenses, in each case as awarded by a court or arbitrator, including, without limitation: (i) reasonable attorney's, accountant's, investigator's, and expert's fees and expenses sustained or incurred in connection with the defense or investigation of any such liability; and (ii) costs and expenses incurred to bring the Project into compliance with Environmental Laws. The term "Damages" also includes, expressly, those Damages that arise as a result of strict liability, whether arising under Environmental Laws and regulations or otherwise. HOA's obligations hereunder will survive the expiration or sooner termination of this Agreement.
9.3 General Indemnity and Hold Harmless.
9.3.1 To the fullest extent permitted by law, HOA shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents,
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or HOA's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of HOA, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them).
9.3.2 Notwithstanding the foregoing, nothing herein shall be construed to require HOA to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by HOA.
10. NOTICES
10.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
10.2 All notices, demands, requests or approvals from HOA to City shall be addressed to City at:
To City: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Attention: Deputy Public Works Director
Phone: (949) 644-3319
10.3 All notices, demands, requests or approvals from City to HOA shall be addressed to HOA at:
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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To HOA: Cameo Community Association
c/o Powerstone Property Management
9060 Irvine Center Drive
Irvine, CA 92618
Attn: Jayme Morris, CCAM
11. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, HOA shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. HOA's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by HOA in writing as unsettled at the time of its final request for payment. HOA and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, HOA shall be required to file any claim HOA may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).
12.1 Recitals. City and HOA acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.
12.2 Compliance with all Laws. HOA shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by HOA shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.
12.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
12.4 Integrated Contract. This Agreement represents the full and complete understanding. of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. In the event there are any conflicts or inconsistencies between this Agreement and any other communication between the parties, the terms of this Agreement shall govern.
12.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
12.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
12.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
12.8 Equal Opportunity Employment. HOA represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law.
12.9 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees.
12.10 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
12.11 No Third Party Beneficiaries. This Agreement is entered into by and for HOA and the City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto.
12.12 Force Maieure. Except for the payment of money, neither party will be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third parties, or any law, order, or requirement of any governmental agency or authority other than that of the parties.
12.13 Modification. Alteration, change, or modification of this Agreement shall be in the form of a written amendment signed by both parties and approved as to form by the City Attorney.
[SIGNATURES ON NEXT PAGE]
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT 7-11
IN WITNESS WHEREOF, the parties are signing this Agreement as of the Effective Date.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 J / a 3 / a---
By:
Aaron C Harp
City Att rney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Will O'Neill
Mayor
CAMEO COMMUNITY ASSOCIATION, a
California non-profit mutual benefit
corporation
Date: 10 Jay laq
By:
Glenn elling, President
Date: k-0
By:
Frank Mokhtari, Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Depiction of Cameo Highlands
Exhibit B — Legal Description of 4709-4839 Cortland (the "Lots") Exhibit C — Depiction of Coast Hwy E Frontage
Exhibit D — Project Plans
Exhibit E — Project Bid Summary
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-12
Exhibit A
Depiction of Cameo Highlands
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16 (Tract No. 3519)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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Exhibit B
Legal Description of 4709-4839 Cortland (the "Lots")
Address
Legal Description
4709 Cortland Drive,
LOT 2 OF TRACT 3519 IN THE CITY OF NEWPORT
Corona Del Mar, CA
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4715 Cortland Drive
LOT 3 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4721 Cortland Drive
LOT 4 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4727 Cortland Drive
LOT 5 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4733 Cortland Drive
LOT 6 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4801 Cortland Drive
LOT 7 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-14
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4807 Cortland Drive
LOT 8 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4815 Cortland Drive
LOT 9 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4821 Cortland Drive
LOT 10 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4827 Cortland Drive
LOT 11 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4833 Cortland Drive
LOT 12 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
4839 Cortland Drive
LOT 13 OF TRACT 3519 IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK
128, PAGES 18 TO 21 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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Exhibit C
Depiction of Coast Hwy E Frontage
(Aerial Photograph of Cortland Wall)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
(Photographs of Cortland Wall from Street View)
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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Exhibit D
Project Plans
Cortland Noise Wall
Conceptual Landscape Design
along Pacific Coast Highway
8/22/2024
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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Cortland Noise Wall with
Leptospermum `Dark Shadows' and L. petersonii
and Casuarina glauca `Cousin Itt' as the Groundcover
Cortland Noise Wall
Shrub and Groundcover Planting
with the Selected Leptospermum Trees
&A
W
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
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Current Suggested Plant Palette for the
Cortland Noise Wall Parkway
Trees
Shrubs
Groundcovers
pelerswii LsmuLdm lougifob `Breeze'
C:i-annn glauca `Cousin I.t l'
•Leptosperminn
Lemon Scented Tea Tree ■ Breeze Dwarf Mat Rush
Prostrate Swamp Oak
30 —Total Plants
210 —Total Plants
'�-"'� 435 —Total Plants
1 Leptospermum `Dark Shadows' Lnmandra longifolia `Platinum BeauW • Dark Shadows Tea Tree
❑ Platinum Beauty
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Scientific -Name
Common Name
Manue Size
Description
1jght
Blooms
Water
Photo
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CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-20
I. PRODUCTION OF FINISHED PRODUCT:
II. GENERAL CONDITIONS:
Exhibit E
Project Bid Summary
CAMEO HIGHLANDS - PCH SOUTH
LANDSCAPE REFURBISHMENT
Bid Worksheet Recap
Subtotal
III. MARKUPS & MARGINS:
A. Sales tax
B. Labor burden
C. Prevailing Wage Admin
7-Oct-24
MAT LABOR EQUIP SUBS
$40,511 $29,814 $3,949 $48,720
$0 $4,747 $1,866 $0
$40.511 $34,561 $5,815 $48,720
$3,140
$12,096
$2,500
Subtotal $43.651 $49,158
Total Direct Costs
C. Indirect Overhead
Subtotal (Direct Costs + Overhead) Breakeven Pant
D. Contingency Factor 5%
E. Profit
F. Fired Price For The Job
$5,815
$48,720
$147,343
$163,779
$4,000
$15,424
$190,658
CAMEO COMMUNITY ASSOCIATION IRRIGATION AND LANDSCAPE REIMBURSEMENT AGREEMENT
7-21