At
tachment A
Lease Agreement
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LEASE AGREEMENT BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
HARBOR ISLAND COMMUNITY ASSOCIATION
FOR THE HARBOR ISLAND BRIDGE
THIS LEASE AGREEMENT (“Lease”)ismade and entered into as of the of November 2025 C'EffectiveDate"),by and between THE CITY OF NEWPORT BEACH, a Californiamunicipal corporationand chartercity(“Lessor” or “City”)and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation(“Lessee”).Lessor and Lessee may individuallybe referredto as “Party”and collectivelyreferredto as “Parties” herein. day
RECITALS
A. City,by virtueof a 1978 legislativegrant found in Chapter 74 of the Statutes of 1978, as amended (“Beacon Bay Bill”),acts on behalf of the State of California as the trusteeof Tidelands located withinthe City'slimits.
Tidelands are defined as certaintidelandsand submerged land (whether filledor unfilled),located in the City of Newport Beach, County of Orange, State of Californiagranted to the Cityof Newport Beach, pursuant to the Beacon Bay Bill.
The Tidelands must be used to promote the public’sinterestin water-dependent or water-oriented activities,as described more fullyin the Tidelands Grant.
The Beacon Bay Billprovides thatthe Tidelands shallnot, atany time, be granted, conveyed, given, or alienatedto any individual,firmor corporationforany purpose whatever except pursuant to Lessor’s grant of eithera franchise or lease.
The Beacon Bay Billauthorizes Lessor to enter intoleases of the Tidelands for a period not exceeding fifty(50) years so long as such leases are consistent with Lessor’s obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant.
B.
C.
D.
E. Harbor Island consists of filledand unfilled Tidelands located in lower Newport Bay that is developed with thirty-sixsingle-familyresidentialproperties within Harbor Island,Newport Beach, California(“Harbor Island”).
The Property isdefined as those filled,tide,and submerged lands lyingbetween the adjudicated mean high tide lineand the City’spublic right-of-wayacross the channel between Beacon Bay and Harbor Island to the mean high tide lineand recreation area on Harbor Island, inclusive of the submerged “water covered” tidelands areas between the bulkhead lineand pierhead lines, and between the pierhead linescrossing the channel (“Property”).The Property, which Lessor holds interestin truston behalf of the State of California,is more particularlydepicted in Exhibit“A,”isattached hereto and incorporated by reference.
Lessee is a nonprofit common interestdevelopment corporation, organized to manage and govern the owners of real property within Harbor Island.
F.
G.
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Harbor Islandisaccessed by a vehicularbridge thatbegins at the terminus of the roadway beginning at 101 Harbor Island Road, spans over the public Tidelands and ends at 40 Harbor IslandRoad, Newport Beach, California92660. Lessee has builtand currentlymaintains certainimprovements consistingof a bridge,pilings, guard shack, parking space, and associated improvements (“Improvements”), which require retrofitting,to provide access to the residentialproperties located at Harbor Island.A portion of the Improvements are necessarily located on the Property and occupy approximately 5,262 square feet (hereinafter“Premises”), which are the subject of thisLease, and are more particularlydescribed/depicted in Exhibit “A.”
H.
The Tidelands Grant authorizes Lessor to enter into leases of the Tidelands for a period not exceeding fifty(50) years so long as such leases are consistent with Lessor’s obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant.
I.
J. Lessor has not conducted an open bid process forthe lease of the Premises as is generally required by City Council Policy F-7 because the City is limitedby the Tidelands Grant from converting the Property to another use, and changing the lessee of the Premises would resultin vacancy and other expenses which would outweigh other financialbenefitsto the City and inequitiesto residents of Harbor Island. The continued operation of the Improvements and its recreational uses such as providing publiclynavigable waters, inwhich Lessee activelymanages are consistent with the limitationsand restrictionsimposed on the Property by, but not limitedto,the Tidelands Grant and Council Policy F-7.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafterset forth,itisagreed as follows;
1. DEFINITIONS
The following words in this Lease have the definitionsset forth in this section unless otherwise apparent from theircontext:
“City Manager” means the City Manager of the City of Newport Beach or his or her designee.
2. PREMISES
Lessor hereby leases to Lessee, for the time specified in Section 5 (TERM), the “Premises” described above except thatthe water covered areas isunderstood by Lessee as not included in the use of Premises.
3. LIMITATION OF THE LEASEHOLD
This Lease and the rightsand privilegesgranted Lessee in and to the Premises are subjectto allcovenants, conditions,restrictions,and exceptions of record or apparent, including those which are set out in the Tidelands Grant and that certain Grant of HARBOR ISLAND COMMUNITY ASSOCIATION Page 2
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Easement to Southern Counties Gas Company of California,recorded in the County of Orange on May 15, 1939 as Instrument Number OR_00993_417. Nothing contained in thisLease or in any document related hereto shallbe construed to imply the conveyance to Lessee of rights in the Premises which exceed those owned by Lessor, or any representationor warranty,eitherexpressed or implied,relatingto the nature or condition of the Premises or Lessor's interest therein. Lessee acknowledges that Lessee has conducted a complete and adequate investigationof the Premises and that Lesse has accepted the Premises in its“as is”condition.
4. USE
Lessee shall have use of the Premises to maintain a vehicular bridge to allow access to the Harbor Island residences conditioned upon Lessee retrofitting, reconstructing,maintaining and managing the Premises and the Improvements during the term of the Lease, consistent with the Statutes of the State of Californiaand City Charter of the Cityof Newport Beach.
Lessee agrees not to use the Premises forany other purpose nor to engage in or permit any other activitywithinor from the Premises.
4.1 4.2
5. TERM
The term of thisLease shallbe fifty(50) years, commencing on November ,2025 (“Commencement Date”).Lessee understands and agrees that this Lease is subject to automatic termination as provided in Section 14 (INSURANCE).
5.2. Holding Over. This Lease shall terminate and become null and void without furthernotice upon the expiration of the Term of this Lease. In the event Lessee shall continue inpossession ofthe Premises afterthe expirationof thisLease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shallbe governed by the conditions and covenants contained in this Lease. The month- to-month tenancy may be terminated without cause by Lessee or Lessor upon thirty(30) calendar days' priorwrittennotice to the other.
5.1 6. RENT
Commencing on the EffectiveDate and continuing untiladjusted pursuant to Section 7 (REVISION OF RENT) or Section 8 (REAPPRAISAL OF RENT) of this Lease, Lessee agrees to pay as rent forthe Premises Forty Thousand Nine Hundred Thirty Eight Dollars and 36/100 ($40,938.36) per year,payable on or before December 1, 2025 and on or before each anniversary of the effectivedate of this Lease thereafter, so long as tenancy continues. In the event the obligation to pay rent terminates on some date other than the anniversary of the effectivedate of this Lease, the rent shall be prorated to reflectthe actual period of tenancy.
Additional Rent. Lessee shall pay as “Additional Rent” for the Premises, within ten (10) calendar days of Lessor's demand therefor (unless a differenttime for payment isexpressly provided inthisLease), allother amounts required by thisLease, in
6.1 6.2
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addition to Rent. Additional Rent does not reduce or offsetLessee’s obligationsto pay Rent.
No Abatement or Reduction inRent. Lessee has no rightto any abatement, setoff or reduction in Rent or Additional Rent. No endorsement or statement on any check or any letteraccompanying any check or payment willbe deemed an accord and satisfaction,and Lessor may accept such check or payment without prejudiceto Lessor’s rightto recover the balance or pursue any other availableremedy.
Net Lease. Rent, as defined in this Lease, is based upon Lessee’s material representationand covenant thatitwillpay allexpenses, costs, taxes; assessments, fees or charges, and incurallliabilities,of every kind in any way relatingto,or in connection with, the Premises and the Improvements during the Term. Accordingly, Lessee will promptly pay allexpenses, costs, taxes, assessments, fees or charges, and incur all liabilities,of every kind and descriptionrelatingto, or in connection with, the Premises and the Improvements during the Term.
6.3 6.4
7. REVISION OF RENT
Annually, upon each successive anniversary of the Effective Date, the rent specifiedinSection 6 (RENT) shallbe adjustedto reflectthe increasesinthe cost of living as indicated by the Consumer Price Index described below. Rent may be adjusted ifthe Consumer Price Index for the Los Angeles - Long Beach - Anaheim Area, All Urban Consumers, AllItems (“Index"),as published by the United States Department of Labor, Bureau of Labor Statistics(“Bureau”),increases over the Base Period Index. The initial “Base Period Index” shall be the Index for the calendar month which isfour (4) months priortothe month ofthe EffectiveDate’sannual anniversary.The initialBase Period Index shallbe compared with the Index forthe same calendar month foreach subsequent year (“Comparison Index”). The Comparison Index used for a given year’s adjustment calculationwillbecome the Base Period Index for purposes of the next annual Rent adjustment calculation.Ifthe Comparison Index is higher than the Base Period Index, then Rent forthe next year shallbe increased by the amount of such percentage change.
In no event shall Rent be reduced below the current Rent. Should the Bureau discontinue the publicationof the above Index, or publish same less frequently,or altersame insome other manner, then the parties shall adopt a substitute Index or substitute procedure which reasonably reflectsand monitors consumer prices.
8. REAPPRAISAL OF RENT
Notwithstanding the Index adjustments described above pursuant to Section 6 (RENT) and as adjusted by Section 7 (REVISION OF RENT) of this Lease, ifLessor, in itssole and absolute discretion,believesthatnotwithstandingsuch adjustments, monthly Rent, as adjusted,does not accurately reflectthe fairmarket rentalvalue of the Premises, Lessor may electto furtheradjust monthly Rent at the commencement of the thirtieth (30th) Lease Year. Lessor willprovide notice to Lessee not earlierthan six (6) months nor laterthan three (3) months priorto the expiration of the twenty-ninth(29th) Lease Year of Lessor’s election to further adjust monthly Rent. Within fifteen(15) days HARBOR ISLAND COMMUNITY ASSOCIATION Page 4
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thereafter,Lessor and Lessee willattempt to agree upon an adjustment inRent. IfLessor and Lessee are unable to agree, the Property willbe appraised to determine itsfairmarket rental value. Lessor shall submit three (3) Californialicensed appraisers to Lessee; Lessee shallselectone (1) appraiser from the three (3) submitted appraisers to appraise the Property. Lessor shallpay allcosts associated with the appraiser and the appraisal.
The fairmarket rentalvalue determined by the appraiser willconstitutemonthly Rent for the thirtieth(30th) Lease Year and each successive year remaining on the Lease; provided, however, that in no event willmonthly Rent so determined be less than that otherwise payable through the annual Index adjustments described herein.
9. RENT PAYMENT PROCEDURE
Allpayments of Rent shallbe made inlawfulmoney of the United States of America and shallbe paid to Lessor in person or by United States’mail,or overnight mail service, at the Cashier’s Office located at 100 Civic Center Drive, Newport Beach, CA 92660, or to such other address as Lessor may from time to time designate inwritingto Lessee. If requested by Lessor, Lessee shall make payments electronically (at www.newportbeachca.gov) or by wire transfer(atLessee’s cost).Lessee assumes allrisk of loss and responsibilityforlatecharges and delinquency rates ifpayments are not timely received by Lessor regardless of the method of transmittal.
10. CHARGE FOR LATE PAYMENT
10.1 Late Payment. Lessee hereby acknowledges thatthe latepayment of Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which isextremely difficultto ascertain. Such costs include, but are not limitedto,processing and accounting charges. Accordingly, any sum owed by Lessee that is not paid within five (5) days of itsdue date shall be subject to a ten percent (10%) latecharge. Lessor and Lessee agree that this latecharge represents a reasonable estimate of such costs and expenses and isfaircompensation to Lessor for itsloss suffered by such latepayment by Lessee.
10.2 Intereston Unpaid Sums. Unpaid sums due to either Lessor or Lessee under this Lease shall bear interest at the rate of ten percent (10%) per annum on the unpaid balance, including but not limitedto latepayment penalties,from the date due until paid.
11. CONSTRUCTION AND/OR ALTERATION BY LESSEE
11.1 Proposed Improvements.
Subject to compliance with allapplicable laws. Lessee shall make certain improvements to the Premises as shown on Exhibit “B” (“Proposed Improvements"), attached hereto and incorporated herein, which are intended to maintain the Improvements ingood repair.The Proposed Improvements may be revised by or modified by Lessee inorder to obtain entitlementsand/or buildingpermits from the applicable local and state agencies. All Proposed Improvements shall be submitted for review of improvement plans and permitting,and construction,and shall be subject to the prior (a)
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writtenapproval of the City Manager or his/herdesignee, which approval shall not be unreasonably delayed or withheld. The City Manager’s or his/her designee’s failureto provide writtenapproval or disapproval of any such submittalby Lessee withinthirty(30) days shallbe deemed approval thereof.The City Manager’s or his/herdesignee’s failure to provide such noticeshallnot relieveLessee’s responsibilityto comply with allapplicable laws.
Lessee shall submit plans, diligentlypursue theirapproval by City in its regulatorycapacity,and any other necessary permits or approvals from federal,state,or local agencies having such oversight, and complete construction of the Proposed Improvements withinthe firstthree (3)years of the Term.
11.2 Lessor’s Consent. No structures or facilities other than those listed in Section 4 (USE) of thisLease shallbe constructed,erected, altered, or made within the Premises without priorwrittenconsent of Lessor.Any conditions relatingto the manner, method, design and construction of said structures,improvements, or facilitiesfixed by the Lessor shallbe conditionshereof as though originallystated herein.
11.3 Permits and Approvals. Lessee shall be required to obtain, priorto any construction,allpermits, licenses or approvals that may be required from any local,state or federal entities.As required by law. Lessee shallobtain, and be responsible for the costs for allbuildingpermits and other required permits as may be required priorto the commencement of any Proposed Improvements. If applicable. Lessee shall be responsible, at its sole cost and expense, for compliance with the California Environmental Quality Act (“CEQA”) and the CaliforniaCoastal Act in connection with Lessee’s operation and use of the Premises.
11.4 Payment of Costs. Lessee, shall bear allcosts and expenses associated with any Proposed Improvements and alterations,includingany fees assessed on the Premises by any governmental, or quasi-governmental agency or authorityin connection with any regional transportationor other public improvements and school districttaxes, development fees and assessments.
11.5 Lessee’s Architects and Contractors. All Proposed Improvements and alterationsto the Premises shallbe designed, selected or constructed, as applicable,by qualified and licensed (where required) architectural,design, engineering and construction firms selected by Lessee. Any contractors and subcontractors hired by Lessee shallbe fullylicensed and bonded, and shallobtain insurance in an amount and form pursuant to standard industrycustom and practiceand as outlined in Exhibit “C” to this Lease, and approved by the City’s Risk Manager covering the Proposed Improvements or alterationsto be constructed. City shall be named as an additional insured on the contractor’sand any subcontractor’spolicies
11.6 PrevailinqWaqes. Ifany of the work contemplated under Section 11 of this Agreement is considered a “publicwork”, pursuant to the applicable provisions of the CaliforniaLabor Code, not less than the general prevailingrate of per diem wages, as provided inthe CaliforniaLabor Code, includinglegalholidays and overtime work foreach (b)
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craftor type of workman needed to execute the work contemplated under thisSection 11 (CONSTRUCTION AND/OR ALTERATION BY LESSEE) shallbe paid to allworkmen employed on the work to be done according to this Section 11 (CONSTRUCTION AND/OR ALTERATION BY LESSEE) by the Lessee’s contractorsand any subcontractor.
Lessee shalldefend, indemnify and hold the City,itselected officials,officers,employees and agents freeand harmless from any claim or liabilityarisingout of any failureor alleged failureto comply with Californialabor laws.In accordance with the California Labor Code (Sections 1770 et seq.),the Directorof IndustrialRelations has ascertainedthe general prevailingrate ofper diem wages inthe localityinwhich the work isto be performed for each craft,classification,or type of workman or mechanic needed to execute the Proposed Improvements or any alterations.A copy of said determination isavailableby callingthe prevailingwage hotlinenumber (415) 703-4774, and requesting one from the Department of IndustrialRelations. Lessee’s contractors and subcontractors are required to obtain the wage determinations from the Department of IndustrialRelations and post at the job sitethe prevailingrateor per diem wages. Itshallbe the obligationof Lessee’s contractorsor any subcontractorunder him/her to comply with all State of California labor laws, rulesand regulationsand the partiesagree thatthe City shallnot be liable forany violation thereof.
11.7 Quality of Work Performed. All Proposed Improvements and alterations shallbe performed in a good and workmanlike manner, shallcomply with the plans and specificationssubmitted to City,and shallcomply with allapplicablegovernmental permit requirements and laws in force at the time permits are issued. Any Proposed Improvements and alterationsshallbe performed between 7:00 a.m. and 6:00 p.m. on non-holiday weekdays.
12. LIENS
Lessee shallnot permit to be imposed, recorded or enforced against the Premises, any portionthereof or any structure orimprovement thereon (“ProtectedProperty”),any mechanics, materialmen's, contractors or other liens arising from, or any claims for damages growing out of, any construction of the Improvements, and/or repair, maintenance, construction or alteration of the Premises. In the event any lienor stop notice isimposed or recorded on Protected Property,and such lienor stop notice arises out of, is related to or connected with, or based on. Lessee’s conduct. Lessee shallpay or cause to be paid allsuch liens,claims or demands before any action is brought to enforce the same against Protected Property.Notwithstanding the foregoing,ifLessee in good faithcontests the validity ofany such lien,claim or demand, then Lessee shall,at its sole expense, defend against such lien,claim or demand provided that Lessee provides Lessor fulldefense and indemnity therefrom, and provided Lessee shallpay and satisfyany adverse judgment that may be rendered in connection therewith before any enforcement against Lessor or Protected Property.
13. MAINTENANCE OBLIGATIONS OF LESSEE
13.1 Lessee shallkeep and maintain the Premises and the Improvements of any kind which may be erected, installed,maintained, repaired or made thereon in good HARBOR ISLAND COMMUNITY ASSOCIATION Page 7
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conditionand in substantialrepairat itssole cost through the Term of the Lease. Itshall be Lessee's responsibilityto take allsteps necessary or appropriate to maintain such a standard of condition and repair.
13.2 Lessee expressly agrees to maintain the Premises and the Improvements in a safe and clean condition, to the reasonable satisfaction of Lessor and in compliance with allapplicable laws.
13.3 IfLessee fails to maintain or make repairs or replacements as required, Lessor shall notifyLessee in writingof said failure.Should Lessee fail to correct the situationwithinthree days afterreceiptof writtennotice.Lessor may make the necessary correction or cause itto be made and the cost thereof, including but not limitedto the cost of labor,materials,and equipment and administration;shallbe paid by Lessee withinten (10) days of receiptof a statement of said cost from Lessor. Lessor may, at itsoption, choose other remedies availableherein,or by law.
13.4 Damage to or Destruction of Improvements. In the event of damage to or destructionof Lessee’s buildings,facilities,or the Improvements located on the Premises or in the event the buildings,facilities,or improvements located on the Premises are declared unsafe or unfitforuse or occupancy by a publicentitywith the authorityto make and enforce such declaration. Lessee shall restore the Premises to substantiallythe same condition as immediately priorto such destruction at Lessee’s own expense to permit full use and occupancy of the Premises for the purposes required by this Lease. Repair, replacement, or reconstruction of improvements within the Premises shall be accomplished ina manner and according to plans approved by Lessor no laterthan ninety (90) days following theevent or damage to or destruction.Failureof Lessee to complete the repair,replacement, or reconstruction of the structure or improvements necessary to permit fulluse and occupancy of the Premises forthe purposes required by thisLease within the time periods prescribed herein shallconstitutea material breach of the terms of this Lease.
14. INSURANCE
Without limitingLessee’s duties of defense and indemnificationunder this Lease, Lessee shall obtain, provide and maintain at itsown expense, a policy or policiesof insurance of the type, amounts and form acceptable to Lessor. The policy or policies shallprovide,at a minimum, those items described in Exhibit “C,”which isattached hereto and incorporated herein by reference. Additionally, prior to commencement of constructionof the Improvements and/or repair,maintenance, construction or alteration of the Premises, and for the duration of time that they are in the course of performing such Improvements and/or repair,maintenance, construction or alteration.Lessee shall obtain,provide and maintain at itsown expense, a policy or policiesof insurance of the type, amounts and form acceptable to Lessor.
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15. BONDING
In the event that the totalamount payable by Lessee for construction,repair, maintenance of the Improvements and Proposed Improvements that willexceed Twenty Five Thousand Dollarsand 00/100 ($25,000.00),Lessee shallobtain,or cause itsgeneral contractorwho performs the work to obtain,and provide and maintain at itsown expense:
(1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the totalamount to be paid for the Work, in substantial conformance with the form attached hereto as Exhibit “D” and incorporated herein by this reference; and, (2) a FaithfulPerformance Bond in the amount of one hundred percent (100%) of the total amount to be paid forthe Work, in substantialconformance with the form attached hereto as Exhibit “E” and incorporated herein by this reference. The Labor and Materials Payment Bond and the FaithfulPerformance Bond shall be issued by an insurance organizationor surety;(1)currentlyauthorizedby the Insurance Commissioner to transact business of insurance inthe State of California;(2)listedas an acceptable surety inthe latestrevisionof the Federal Register Circular570; and, (3) assigned a Policyholders' Rating A (or higher) and FinancialSize Category Class VII (or larger)in accordance with the latesteditionof Best's Key Rating Guide; Property Casualty. Lessee shalldeliverto Lessor, concurrentlywith Lessee’s execution of the Lease with the general contractorfor any constructionto or Work done to the Improvements, a Labor and Materials Payment Bond and FaithfulPerformance Bond, a certifiedcopy of the “Certificateof Authority”of the Insureror Surety issued by the Insurance Commissioner which authorizes the Insurer or Surety to transact surety insurance inthe State of California.
16. ASSIGNING, SUBLETTING AND ENCUMBERING
Lessor and Lessee acknowledge thatLessor isenteringinto this Lease in reliance upon the experience and abilitiesof Lessee to successfullyperform the obligations,terms, and covenants as set forth in this Lease. Lessee shall not mortgage, pledge, hypothecate, encumber, transfer,sublease, or assign its interest in this Lease, the Property, Premises, the Improvements or any structurelocated on the Premises.
STATE LANDS COMMISSION LEASING POLICY17.
Lessor and Lessee acknowledge that the consideration for this Lease and any other terms and conditions provided in thisLease do not necessarilyreflectthe leasing policyof the State Lands Commission. The method fordetermining rent provided inthis Lease shallnot be used forthe purpose of establishingrent inany futureleases involving filledor unfilled tideor submerged land.
18. NOTICES
Allnotices pursuant to thisLease shallbe addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail inthe State of California,duly registeredor certified,return receiptrequested, with postage prepaid. Ifany notice issent by registeredor certifiedmail, as aforesaid, the same shall be deemed to have been served or delivered twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above. Lessor may also provide HARBOR ISLAND COMMUNITY ASSOCIATION Page 9
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notices to Lessee by personal delivery or by regular mail and any such notice so given shallbe deemed to have been given upon receipt.
LESSOR
City of Newport Beach
Attn;City Manager
100 Civic Center Drive
Newport Beach, CA 92660
LESSEE
Harbor Island Community Association
Attn; President
23792 Rockfield Boulevard, Suite 100
Lake Forest, CA 92630
Lessor shallprovide access to and/or a copy of the Lease to Lessee and successors upon request to the followingoffice;
City of Newport Beach
Attn;Real Property Administrator
100 Civic Center Drive
Newport Beach, CA 92660
19. MEMORANDUM OF LEASE
In order to impart constructive notice of Lessee's obligations under the terms of this Lease, Lessee shall cause any prospective transferee or assignee to sign the “Memorandum of Lease”, in a form as shown on Exhibit “F”, attached hereto and made a part hereof,and have the signature notarized.The signed and notarized Memorandum of Lease shallbe submitted to the City Manager as partof the documentation of the transfer of interestas set forthinSection 16 (ASSIGNING, SUBLETTING AND ENCUMBERING).
20. LEASE ORGANIZATION
The various headings and numbers herein,the grouping of provisions of thisLease into separate clauses and paragraphs, and the organization hereof, are forthe purpose of convenience only and shallnot be considered otherwise.
21. PERMITS AND LICENSES
Lessee shallbe required to obtain any and allapprovals, permits, and/or licenses which may be required inconnection with the operation of the Premises as set forth herein including approvals required by the CaliforniaCoastal Commission. No permit, approval, or consent given by Lessor, in itsgovernmental capacity,shall affect or limit Lessee’s obligationshereunder, nor shallany approvals or consents given by Lessor as a party to HARBOR ISLAND COMMUNITY ASSOCIATION Page 10
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this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules,or regulations.
22. UNLAWFUL USE
Lessee agrees no Improvements shall be erected, placed upon, operated, nor maintained within the Premises, nor any business conducted or carried on therein or therefrom, in violationof the terms of thisLease, or of any regulation,order of law,statute, bylaws, or ordinance of a governmental agency having jurisdiction.
23. INSPECTION
Lessor or itsauthorized representative shallhave the rightat allreasonable times to inspect the Premises to determine ifthe provisions of thisLease are being complied with.
24. HOLD HARMLESS
24.1 Lessee hereby waives allclaims and recourse against Lessor and the State of Californiaincluding the rightof contributionfor loss or damage of persons or property arisingfrom growing out of or in any way connected with or relatedto thisLease except claims arisingfrom the concurrent active or sole negligence of the State of California or Lessor, or theirofficers,agents, and employees.
24.2 Lessee hereby agrees to indemnify, hold harmless and defend the State of Californiaand Lessor and theirofficers,agents, and employees, 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, attorney’sfees, disbursements and court costs) of every kind and nature whatsoever (individually,a “Claim;” collectively,“Claims”),which may arise from or in any manner relate(directlyor indirectly)to Lessee’s, Lessee’s employees, contractor,subcontractor, agents, guests, invitees,sublessee’s possession, occupation or use of the PREMISES, including,without limitation,any claim, liability,loss,or damage arisingby reason of:
(a) The death or injury ofany person or damage to personal property relatedto the condition of the Premises or Improvements or an act or omission of Lessee or an agent, contractor,subcontractor,supplier,employee, servant, or sublessee of Lessee; Any work performed on the Premises or Improvements including the construction and/or maintenance of the Improvements, or materials furnished to the Premises or Improvements; and/or
(b)
Lessee’s failureto perform any provisionof thisLease or to comply with any requirement of law or any requirement imposed on the Premises or Improvements by any duly authorized governmental agency or politicalsubdivision. (c)
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24.3 Lessee releases and also waives allclaims against Lessor for damages arisingforany reason other than the gross negligent,intentional or willful acts of Lessor and the State of California or their elected and appointed officers,agents, officials, volunteers,employees. Neither Lessor nor the State of California shall be liable to Lessee forany damage to the Premises, Lessee’s nor itsresidents’property, caused inwhole or in part by acts of nature including,without limitation,waves, wind and tidalflows.
24.4 This indemnity shallapply to allclaims and liabilityregardless of whether any insurance policiesare applicable.
24.5 Notwithstanding any provisionto the contrary,the indemnity obligationsset forth in this Section 24 shallapply to allclaims, demands, damages, losses, liabilities, attorneys’ fees, costs, or expenses including those arising in connection with City- controlledtidelands,except to the limitedextent such claims arise solelyfrom conditions or events occurring entirelywithin the City-controlledtidelands that: (1) are wholly unrelated in any way, directlyor indirectly,to the Premises: and/or (2) not caused or contributedin any way, directlyor indirectly,by the acts or omissions of Lessee or any of its officers,directors, members, agents, employees, contractors, subcontractors, licensees, vendors, suppliers,volunteers, invitees,or any person or entityacting on its behalf or under itsdirection,control, or authorization. The Lessee’s indemnity obligations shallbe construed broadly in favor of the City to ensure maximum protection and shall not be limitedby any other provisionof thisAgreement.
25. TAXES AND ASSESSMENTS
This Lease may create a possessory interestwhich issubject to the payment of taxes levied on such interestincluding but not limitedto Revenue and Taxation Code Section 107.6. Itisunderstood and agreed that alltaxes and assessments (including but not limitedto said possessory interest tax)which become due and payable upon the Premises shallbe the fullresponsibilityof Lessee, and Lessee shall cause said taxes and assessments to be paid promptly before delinquency and before any fine,interestor penalty is due or imposed by operation of law. Lessee shall,upon request, promptly furnishto Lessor satisfactoryevidence of payment.
26. SUCCESSORS IN INTEREST
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shallapply to and bind the heirs,successors, executors, administrators, and assigns of allthe parties hereto,allof whom shall be jointlyand severally liable hereunder.
27. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE
Ifeitherparty hereto shallbe delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictivegovernmental laws or regulations, orother cause without faultand beyond the control of the party obligated (financialinabilityexcepted), performance of such act shallbe excused for the period of the delay and the period for the performance of any such act shall be extended for a HARBOR ISLAND COMMUNITY ASSOCIATION Page 12
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period equivalentto the period of such delay.However, nothing inthisclause shallexcuse Lessee from the prompt payment of any rentalor other charge required of Lessee except as may be expressly provided elsewhere inthisLease.
28. PARTIAL INVALIDITY
Ifany term, covenant, condition,or provision of this Lease is held by a court of competent jurisdictionto be invalid,void, or unenforceable, the remainder of the provisions hereof shall remain in fullforce and effectand shall in no way be affected, impaired, or invalidatedthereby.
29. UTILITIES
Lessee shallbe responsible forand pay, priorto the delinquent date, allcharges for utilitiessupplied to the Premises including,without limitation,gas, electricity,sewer, water, refuse collection,and telephone service.Satisfactoryevidence of such payments shall be delivered to Lessor within five(5) business days of a written request for such information.
30. WAIVER OF RIGHTS
The failureof Lessor or Lessee to insistupon strictperformance of any of the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessor or Lessee may have and shallnot be deemed a waiver of the right to require strictperformance of allthe terms, covenants, and conditions of the Lease.
31. DEFAULT IN TERMS OF THE LEASE BY LESSEE
31.1 Events of Default. The occurrence of any one (1) or more of the following events shall constitute a material default and breach of thisLease by Lessee:
The maintenance of the Premises in violationof any applicable provisions of thisLease, City’sMunicipal Code and Zoning Code, State Law, Federal Law, and/or the Lessee’s CC&Rs;
(a)
The failureby Lessee to make any payment of Rent when due ifthe failure continues forten (10) calendar days afterwrittennotice has been given to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statutes,such Notice to Pay Rent or Quit shall also constitute the notice required by thisparagraph;
(b)
The failureby Lessee to perform any of the provisionsof thisLease and any Exhibitsattached hereto to be performed by Lessee, ifthe failureto perform continues for a period of thirty(30) days afterwrittennotice thereof has been given to Lessee. Ifthe nature of Lessee’s defaultissuch that more than thirty(30) days are reasonably required for itscure, then Lessee shall not be in default ifLessee commences the cure within said thirty(30) day period and thereafterdiligentlyprosecutes the cure to completion; or (c)
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The making by Lessee of any general assignment, or general arrangement for the benefit of creditors;the filingby or against Lessee of a petitionto have Lessee adjudged a bankrupt or a petitionforreorganizationor arrangement of any law relatingto bankruptcy unless the same is dismissed within sixty(60) days; the appointment of a trusteeor receiverto take possession of substantiallyall of Lessee’s assets located at the Property or of Lessee’s interestinthe Lease, where possession isnot restored to Lessee within thirty(30) days; or the attachment, execution or other judicialseizure of substantiallyallof Lessee’s assets located at the Property or of Lessee’s interestin the Lease, where such seizure isnot discharged withinthirty(30) days. Notices given under thisparagraph shallspecifythe alleged defaultand the applicable Lease provisions,and shalldemand that Lessee perform the provisions of this Lease or pay the rent that is in arrears,as the case may be, withinthe applicableperiod of time. No such notice shallbe deemed a forfeiture or a termination of this Lease unless Lessor so elects in the notice. (d)
31.2 Lessor’s Remedies. Inthe event of any defaultby Lessee as defined inthis Lease, Lessor may, in addition to any rights or remedies permitted by law, do the following:
Terminate Lessee’s rightto possession of the Property by any lawfulmeans, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Property to Lessor. In such event. Lessor shall be entitled to recover from Lessee allamounts to which Lessor is entitledpursuant to Section 1951.2 of the CaliforniaCivilCode, or any other provision of law, including, without limitation,the following:
(a)
(i) The worth atthe time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss that Lessee proves could be reasonably avoided: and (ii) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee’s failureto perform obligationspursuant to thisLease or which inthe ordinary course of things would be likely to resultfrom the breach, including,without limitation,the cost of recovering possession, expenses of reletting(including necessary repair,renovation and alteration,and any other reasonable costs. The “worth at the time of award” of all rental amounts other than that referredto in clause (i)above shallbe computed by allowing interest at the rate of five percent (5%) per annum from the date amounts accrue to Lessor. The worth at the time of award of the amount referredto inclause (i)shallbe computed by discounting such amount at one (1) percentage point above the discount rate of the Federal Reserve Bank of San Francisco at the time of award.
Without terminating or affectingthe forfeitureof this Lease or, in the absence of express written notice of Lessor’s electionto do so, relievingLessee of any obligationpursuant to this Lease, Lessor may, but need not, reletallor a portion of the Property at any time, or from time-to-time,and on such terms and conditions as Lessor, (b)
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at itssole discretion,deems appropriate. Whether or not the Property is relet,Lessee shall pay allamounts required by this Lease up to the date that Lessor terminates Lessee’s rightto possession of the Property. Lessee shallmake such payments at the time specified in the Lease and Lessor need not wait until termination of the Lease to recover sums due by legalaction. IfLessor reletsallor a portion of the Property, the relettingshall not relieveLessee of any obligationpursuant to this Lease; provided, however. Lessor shallapply the Rent or other proceeds actuallycollectedby virtueof the relettingagainst amounts due from Lessee. Lessor may execute any Lease relettingall or a portion of the Property and Lessee shallhave no rightto collectany proceeds due Lessor by virtueof any reletting.Lessor shallnot,by any reentryor relettingor other act, be deemed to:
Have accepted any surrender by Lessee of thisLease or the Property;(i) (ii) Have terminated this Lease; or
(iii) Have relievedLessee of any obligationpursuant to this Lease unless Lessor has given Lessee express writtennoticeof Lessor’s election to do so.
Lessor may terminate thisLease by express writtennotice to Lessee of its election to do so. The termination shall not relieve Lessee of any obligationwhich has accrued priorto the date of termination. In the event of termination. Lessor shall be entitledto recover the amounts specified inthisLease.
31.3 Waiver of Right of Redemption. Lessee waives any rightof redemption or relieffrom forfeiturepursuant to CaliforniaCode of Civil Procedure Sections 1174 and 1179 and/or pursuant to any existingor future statutory or decisional law in the event Lessee is evicted or Lessor takes possession of the Property by reason of Lessee’s default.
(c)
32. RESERVATIONS TO LESSOR
The Premises are accepted “as is,where is” by Lessee subject to any and all existingeasements and encumbrances. Lessor reserves the rightto install,lay,construct, maintain,repair,and operate such sanitarysewers, drains,storm water sewers, pipelines, manholes, and connections; water, oil,and gas pipelines;telephone and telegraph power lines;and the appliances and appurtenances necessary or convenient in connection therewith,in,over, upon, through, across, and along the Premises or any partthereof as may be necessary to serve the Premises and/or Harbor Island, and to enter the Premises for any and all such purposes. Lessor also reserves the rightto grant franchises, easements, rights ofway, and permits in,over, upon, through, across, and along any and allportionsof the Premises as may be necessary to serve the Premises.
Lessor agrees that rightsgranted to thirdpartiesby reason of this clause shall contain provisionsthatthe surface of the land shallbe restored as nearly as practicable to itsoriginalconditionupon the completion of any construction.
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Lessor furtheragrees thatshould the exercise of these rightstemporarily interfere with the use of any or allof the Premises by Lessee, the rental shall be reduced in proportionto the interferencewith Lessee’s use of the Premises.
DISPOSITION OF ABANDONED PERSONAL PROPERTY33.
IfLessee abandons the Premises or isdispossessed thereof by process of law or otherwise, titleto any personal property belonging to Lessee and left on the Premises fifteen(15) calendar days aftersuch abandonment or dispossession shallbe deemed to have been transferred to Lessor. Lessor shall have the rightto remove and to dispose of such property without liabilitythereforto Lessee or to any person claiming under Lessee and shall have no need to account therefor.
QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION34.
Upon termination of this Lease for any reason, including but not limited to termination because of default by Lessee, Lessee shall execute, acknowledge, and deliverto Lessor within 30 days after receipt of writtendemand therefor,a good and sufficientdeed whereby all right,title,and interest of Lessee in the Premises is quitclaimed to Lessor. Should Lessee failor refuse to deliver the required deed to Lessor, Lessor may prepare and record a notice recitingthe failure of Lessee to execute, acknowledge and deliversuch deed and said notice shallbe conclusive evidence of the terminationof thisLease and of allrightof Lessee or those claiming under Lessee inand to the Premises.
LESSOR'S RIGHT TO RE-ENTER35.
Lessee agrees to yield and peaceably deliver possession of the Premises to Lessor on the date of termination of this Lease, whatsoever the reason for such termination.Upon giving writtennotice of termination to Lessee, Lessor shall have the rightto reenter and take possession of the Premises on the date such termination becomes effectivewithout furthernoticeof any kind and without institutionof summary or regular legal proceedings. Termination of the Lease and re-entry of the Premises by Lessor shallin no way alteror diminish any obligationof Lessee under the Lease terms and shall not constitute an acceptance or surrender.
Lessee waives any and allrightof redemption under any existingor future law or statuteinthe event of evictionfrom or dispossession of the Premises forany lawfulreason or inthe event Lessor re-enters and takes possession of the Premises in a lawful manner.
36. IMPROVEMENTS
AllImprovements constructed or placed withinthe Premises by Lessee must, upon completion, be free and clear of allliens,claims, or liabilityfor labor or material.
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37. WASTE OR NUISANCE
Lessee shallnot commit or permit the commission of any waste on the Premises.
Lessee shallnot maintain, commit, or permit any nuisance as defined in Section 3479 of the California Civil Code on the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, including,but not limitedto, any use that violates City’scharter or Municipal Code.
38. HAZARDOUS SUBSTANCES
38.1 From the Commencement Date and throughout the Term, Lessee willnot use, occupy, or permit any portionof the Premises to be used or occupied in violationof any Hazardous Substance Laws. Notwithstanding any other provision in thisSection 38 (HAZARDOUS SUBSTANCES), Lessee is not responsible/liablefor any Hazardous Substances that are brought on to the Premises, through migration or other means, by thirdpartiesnot associated with Lessee.
38.2 Notwithstanding any contraryprovisionof thisLease, and in addition to the indemnification duties of Lessee set forth elsewhere in this Lease, Lessee indemnifies, defends with counsel reasonably acceptable to Lessor, protects, and holds harmless Lessor, its elected officials,officers,employees, agents, attorneys, volunteers and representativesfrom and against any and alllosses,fines,penalties,claims, demands, obligations,actions, causes of action, suits,costs and expenses (including,without limitation,attorneys’ fees, disbursements and court costs), damages, judgments, or liabilities,including,but not limitedto,any repair,cleanup, detoxification,or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the Lessor, its officials,officers,employees, agents, attorneys, volunteers or assigns may sustain or incur,or which may be imposed upon them, in connection with any breach of Lessee’s obligationsor representations in this Lease or the use of the Premises under this Lease, arisingfrom or attributableto the Lessee Parties (defined below) storage or deposit of Hazardous Substances inviolationof Applicable Laws. This Section isintended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 use Section 9607(e), and CaliforniaHealth and Safety Code Section 25364, to insure, protect,hold harmless, and indemnify Lessor for any claim pursuant to the Hazardous Substance Laws or the common law.
38.3 Lessee does not, and willnot, authorize any thirdparty to use, generate, manufacture, maintain, permit, store, or dispose of any Hazardous Substances in violationof Applicable Laws on, under, about or within the Premises.
38.4 Upon expiration or earliertermination of this Lease, Lessee shall deliver possession of the Premises in compliance with Hazardous Substance Laws subject to the last sentence of Section 38.1 above.
38.5 Ifduring the Term of thisLease, Lessee becomes aware of (i)any actual or threatened release of any Hazardous Substances on, in, under, from, or about the Premises in violation of Hazardous Substance Laws; or (ii)any inquiry,investigation.
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proceeding, or claim by any government agency or other person regarding the presence of any Hazardous Substances in violationof Hazardous Substance Laws on, in, under, from or about the Premises, Lessee shall give Lessor written notice of the release or inquirywithinfive(5) calendar days afterLessee becomes aware or first has reason to believe there has been a release or inquiryand shallsimultaneously furnishto Lessor copies of any claims, notices of violation,reports,warning or other writingsreceived by Lessee that concern the release or inquiry.
Ifthe presence of any Hazardous Substances brought onto the Premises by Lessee or Lessee’s employees, agents, sublessees, licensees, concessionaires, contractors,or invitees(“Lessee Parties”),or generated by same during the Term of this Lease, results in contamination of the Premises or adjacent propertiesor the Newport Harbor in violation of Hazardous Substance Laws, Lessee shall promptly take all necessary actions,at Lessee’s sole expense, to remove or remediate such Hazardous Substances in fullcompliance with Applicable Laws. Lessee shallprovide noticeto Lessor priorto performing any removal or remedial action.Lessee shall not propose nor agree to any covenant of use restrictionas part of any removal or remediation required as a result of this provision without Lessor’s written consent. Lessee shall pay any costs Lessor incurs in performing Lessee’s obligationto clean-up contamination resultingfrom Lessee’s operations or use of the Premises. Any amounts not paid when due shall be subject to latecharges and delinquency rates as provided in Section 10 (CHARGE OF LATE PAYMENT).
38.6 Should any clean-up of Hazardous Substances for which Lessee is responsible not be completed priorto the expirationor sooner termination of the Lease, including any extensions thereof,then Lessee shall transfer the amounts required to complete clean-up into an escrow account, together with Lessor-approved instructions forthe disbursement of such amount in payment of the costs of any remaining clean-up as itiscompleted, and (ii)ifthe nature of the contamination or clean-up requiredof Lessee is of such a nature as to make the Premises untenable or unleaseable, then Lessee shall be liable to Lessor as a holdover lessee until the clean-up has been sufficientlycompleted to make the Premises suitablefor lease to thirdparties.The estimated cost of the clean up shallrequireapproval of the Lessor.
If Lessor determines, in its reasonable discretion, that Lessee does not have insurance or other financial resources sufficient to enable Lessee to fulfillits obligations under this provision,whether or not accrued, liquidated,conditional, or contingent,then Lessee shall,at the request of Lessor, procure and thereaftermaintain in fullforce and effect such environmental impairment liabilityand/or pollutionliability insurance policies and endorsements, or shall otherwise provide such collateralor securityreasonably acceptable to Lessor as isappropriate to assure that Lessee will be able to perform itsduties and obligationshereunder.
38.7 Lessee’s obligationsinthisSection 38 (HAZARDOUS SUBSTANCES) shall survive the expiration orearlierterminationof thisLease. (a)
(b)
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39. SURRENDER OF PREMISES
At the expiration or earlierTermination of this Lease, Lessee shall surrender to Lessor the possession of the Premises. Lessee shall leave the surrendered Premises, required personal property and fixtures,in good condition,reasonable wear and tear excepted. All property that Lessee is not required to surrender, but that Lessee does abandon shall,at City'selection,become City'sproperty.
40. TERMINATION
Lessor may terminate thisLease by givingLessee thirty(30) calendar days written notice.IfLessor terminates this Lease, Lessor may recover possession (which Lessee shall surrender and vacate upon demand) and remove allpersons, and property and Improvements. Lessor shallbe entitledto recover the following:
40.1 Unpaid Rent, Additional Rent or other charges which had been earned at the time of termination;
40.2 The amount by which the unpaid Rent, Additional Rent or other charges which would have been earned after termination until the time of award exceeds the amount of such loss thatLessee proves could have been reasonably avoided;
40.3 The amount by which the unpaid Rent, Additional Rent or other charges for the balance of the Term of this Lease after the time of award exceeds the amount of such loss thatLessee proves could have been reasonably avoided;
40.4 Any other amount necessary to reasonably compensate Lessor for the detriment proximately caused by Lessee’s failureto perform itsobligationsunder this Lease;
40.5 At Lessor’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time-to-timeby applicable Californialaw; and
40.6 Lessor shall also be entitled to an award of the costs and expenses (including,without limitation,actual attorneys’fees and costs) incurred by Lessor in maintaining or preserving the Premises afterdefault,preparing the Premises forre-letting, or repairingany damage caused by the act or omission of Lessee.
The amounts referredto in “(A)”and “(B)”above shallbe computed by charging interestat ten percent (10%) per annum from the dates such amounts accrued to Lessor.
The amount referredto in “(C)’’above shallbe computed by discounting such amount at ten percent (10%) per annum.
41. COMPLIANCE WITH ALL LAWS
Lessee shall,at itssole cost and expense, comply with allstatutes, ordinances, regulations,requirements, directives,orders, mandates, conditions,or any other official instructionsor pronouncements of all governmental entities,including federal, state.
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county or municipal, whether now in force or hereinafterenacted, including,without limitation,those from the California State Lands Commission or itssuccessor agency. In addition,allwork prepared by Lessee shallconform to applicable city,county, state and federal laws, including the Beacon Bay Bill,rules,regulations and permit requirements and be subjectto approval of the City Manager or theirdesignee.
42. WAIVERS
The waiver by either party of any breach or violationof any term, covenant or condition of thisLease, or of any ordinance, law or regulation,shallnot be deemed to be a waiver of any other term, covenant, condition,ordinance, law or regulation,or of any subsequent breach or violationof the same or other term, covenant, condition, ordinance, law or regulation.The subsequent acceptance by eitherparty of any fee, performance, or other consideration which may become due or owing under this Lease, shall not be deemed to be a waiver of any preceding breach or violationby the other partyof any term, condition,covenant of thisLease or any applicable law, ordinance or regulation.
43. SEVERABILITY
Ifany term or portion of this Lease is held to be invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisionsof thisLease shall continue in full force and effect.
44. APPLICABLE LAW
This Lease shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Lease. Any action brought relatingto this Lease shallbe adjudicated in a court of competent jurisdictioninthe County of Orange.
45. ENTIRE AGREEMENT; AMENDMENTS
45.1 The terms and conditions of this Lease, all exhibits attached, and all documents expressly incorporated by reference, represent the entire agreement of the partieswith respect to the subject matter of thisLease.
45.2 This Lease shallsupersede any and allprioragreements, oral or written, regarding the subject matter between Lessee and City.
45.3 No other agreement, promise or statement, writtenor oral,relatingto the subject matter of this Lease, shall be valid or binding, except by way of a written amendment to this Lease.
45.4 The terms and conditions of this Lease shall not be altered or modified except by a writtenamendment to thisLease signed by Lessee and City.
45.5 Ifany conflictsarise between the terms and conditions of this Lease, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference,the terms and conditionsof thisLease shall control.
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45.6 Any obligationof the parties relatingto monies owed, as well as those provisions relatingto limitationson liabilityand actions, shall survive termination or expirationof thisLease.
45.7 Lessee has reliedon itsown inspectionof the Premises and examination of this Lease, the counsel of itsown advisors, and the warranties, representations, and covenants in this Lease. The failure or refusal of Lessee to inspectthe Premises, to read this Lease or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection,contention, or claim that might have been based on such reading, inspection, oradvice.
TIME IS OF THE ESSENCE46.
Time is of the essence for this Lease.
47. INTERPRETATION
The terms of this Lease shall be construed in accordance with the meaning of the language used and shallnot be construed for or against either party by reason of the authorship of thisLease or any other rule ofconstructionwhich might otherwise apply.
48. HEADINGS
The captions of the various sections of thisLease are for convenience and ease of reference only and do not define, limit,augment, or describe the scope, content, or intent of this Lease.
49. GENDER; NUMBER
The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the neuter, and each includes corporation, partnership,or other legalentitywhenever the context requires. The singular number includes the pluralwhenever the context so requires.
50. EXHIBITS
All exhibits to which reference is made in this Lease are incorporated by reference.
Any reference to “thisLease” includes matters incorporatedby reference.
51. MEMORANDUM OF LEASE AGREEMENT
A Memorandum of Lease Agreement, in a form and content similar to that contained in Exhibit“F” shall be recorded by the partiespromptly upon execution of this Lease. Upon execution by both parties,the Memorandum of Lease Agreement shall be recorded against the Premises in the office ofthe Orange County Clerk-Recorded, as required by Government Code Section 37393.
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52. NO ATTORNEYS’ FEES
The prevailingparty in any action brought to enforce the terms and conditions of thisLease, or arisingout of the performance of thisLease, shall not be entitled torecover itsattorneys’fees.
53. NONDISCRIMINATION
Lessee, for itselfand itssuccessors, agrees that in the performance under this Lease, Lessee shallnot discriminateagainst any person because of the marital status or ancestry of thatperson or any characteristiclistedor defined in Government Code Section 11135.
NO THIRD-PARTY BENEFICIARIES54.
City(both as a Lessor and as the Cityof Newport Beach) and Lessee do not intend, by any provisionof thisLease, to create in any thirdparty,any benefit orrightowed by one party,under the terms and conditions of thisLease, to the other party.
55. LAWS
Itshall be the obligationof Lessee to comply with all laws, statutes, rules, and regulations including, but not limited to. State of California labor laws, rules and regulationsand thepartiesagreethatCityshallno!be liable forany violationby Lessee (or Lessee’s agent, sublessee or any partyaffiliatedwith Lessee) thereof.
56. NO DAMAGES
Lessee acknowledges that Citywould not enter intothis Lease ifitwere to be liable for damages (including,but not limited to, actual damages, economic damages, consequential damages, lost profits,loss of rents or other revenues, loss of business opportunity,loss of goodwillor loss of use) under, or relatingto,thisLease or any of the matters referredto inthisLease, including,without limitation,any and allplans, permits, licenses or regulatoryapprovals, and CEQA documents. Accordingly, Lessee covenants and agrees on behalf of itselfand itssuccessors and assigns, not to sue City (eitherin its capacity as Lessor in this Lease or in itscapacity as the City of Newport Beach) for damages (including, but not limited to, actual damages, economic damages, consequential damages, lost profits,loss of rents or other revenues, loss of business opportunity,lossof goodwillor lossof use) or monetary reliefforany breach of thisLease by City or for any dispute,controversy, or issue between City and Lessee arisingout of or connected with thisLease or any of the matters referred to in this Lease, including, without limitation,any and allplans, permits, licenses or regulatory approvals, CEQA documents, or any futureamendments or enactments thereto,the partiesagreeing that declaratory relief,injunctiverelief,mandate and specificperformance shall be Lessee’s sole and exclusive judicialremedies.
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57. GOVERNMENT CLAIMS ACT
Lessee and City agree that in additionto any claims filingor notice requirements in this Lease, Lessee shall fileany claim that Lessee may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.), or any successor statute.
58. COUNTERPARTS
This Lease may be executed intwo (2) or more counterparts,each of which shall be deemed an originaland allof which together shallconstituteone (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Lease to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
LESSOR: CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date:Date:
rfizZ By;By: —i
Grace K. Leung
City Manager
Aaron C. Harp
City Attorney
LESSEE: HARBOR ISLAND
COMMUNITY ASSOCIATION, a
Californianonprofit,common interest
development association corporation
Date:
ATTEST:
Date:
By:
Lena Shumway
City Clerk By:
Heather Madden
President
Date:
By:
Michael Hayde
Treasurer
[END OF SIGNATURES]
ExhibitA - Property and Premises Depiction
ExhibitB - Proposed Improvements
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Exhibit F - Memorandum of Lease
Attachments:
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EXHIBIT A
PROPERTY AND PREMISES DEPICTION
HARBOR ISLAND COMMUNITY ASSOCIATION Page A-1
11-32
11-33
11-34
EXHIBIT B
PROPOSED IMPROVEMENTS
HARBOR ISLAND COMMUNITY ASSOCIATION Page B-1
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GENERAL NOTES
i
*
design:
4» AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS. 8TH EDITION WITH CALTRANS AMENDMENTS, PREFACE DATED APRIL 2019.HARBOR ISLAND BRIDGE
NEWPORT BEACH, CALIFORNIA
BRIDGE RETROFIT
a
f) SEISMIC DESIGN:
CALTRANS SEISMIC DESIGN CRITERIA (SDC), VERSION 2.0 DATED APRIL 2019. / </ ^
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DEAD LOAD:
INCLUDES 35 PSF FOR FUTURE WEARING SURFACE.4 N
'»"UJ LIVE LOADING:
HL-93 WITH "LOW BOT" AND PERMIT DESIGN LOADING. HL-93 DESIGN LOAD GOVERNS OVER THE 25 TON EMERGENCY VEHICLE DESIGN LOAD REQUIRED BY THE CITY OF NEWPORT BEACH.
SEISMIC LOADING:
SOIL PROFILE: CLASS S2, V830 » 919 ft/s
I
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SAFETY EVALUATION EARTHQUAKE (9T5-YEAR RETURN PERIOD)
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PEAK GROUND ACCELERATION: O.A9g
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t
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FENCE LINE
Exist ELECTRICAL LINE
Exist GAS LINE
1— Exist SEWER LINE
Exist STORM DRAIN
-t— Exist TELEPHONE LINE
Exist WATER LINE
CALL BOX
DRAIN INLET
ELECTRIC CABINET
ELECTRIC MANHOLE
ELECTRIC pedestal
ELECTRIC PULL BOX
ELECTRIC VENT
ABBREVIATIONS
A CURVE DELTA
Approx APPROXIMATE
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0.0 .0 2.0 3.0 A.O 5.0
LOCATION MAPABUTMENT
BEGIN BRIDGE
BEGIN CURVE
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PEAK GROUND ACCELERATION: 0.279
BC
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0.6 < 0.4
CY CUBIC YARD
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END BRIDGE
END CURVE
ELEVATION
EXISTING
FINISHED GRADE
FAR SIDE
HORIZONTAL
INSIDE DIAMETER
LENGTH
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LINEAR FEET
MAXIMUM
MINIMlAi
NORTH
NUMBER
NEAR SIDE
ORIGINAL GROUND
RADIUS
REINFORCEMENT
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SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA GAS
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El 0.0 1.0 2.0 3.0 4.0 5.0I SATUROAV 0* SUNOAT M WOH O&tSITT AREAS a Exist PERIOD (SECONDS)
■S’ FD REINFORCED CONCRETE:
fy = 60 ksi (EPOXY COATED)
fc X 5.0 Ksi FOR BENT CAPS
f'c = 5.0
2D1B. gnkniHKX rMkxAng
FS
Horiz
a i FOR CIDH PILESHOSE BIB ID
IRRIGATION CONTROL BOX
SEWER CLEAN OUT
SEWER MANHOLE
STORM DRAIN MANHOLE
STREET LIGHT
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
TRAFFIC SIGNAL
L CONSTRUCTION NOTES
LBSo 1. THE SCOPE OF WORK INCLUDES THE SEISMIC RETROFIT OF THE HARBOR ISLAND BRIDGE.
STRUCTURAL IMPROVEMENTS INCLUDE BUT IS NOT LIMITED TO: INSTALL ABUTMENT SEAT
EXTENSIONS, REINFORCE THE EXISTING BENT CAPS, REMOVE AND REPLACE THE PILE
FOUNDATIONS, RAILING REMOVAL AND REPLACEMENT, AND INSTALL ARCHITECTURAL CLADDING.
LF
Max
..HARBOR ISLAND RO BRIDGE
I
No.
2. AN ENCROACHMENT PERMIT IS REQUIRED FOR ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY. NO WORK WILL OCCUR WITHIN THE PUBLIC RIGHT-OF-WAY ON HARBOR ISLAND ROAD.
NS HARBOR ISLAND COMMUNITY ASSOCIATION
.C/O TODD JOHNSON5 OC
R
3. ALL UTILITIES SHALL BE PROTECTED IN PLACE. ANY DAMAGE TO CITY FACILITIES
SHALL BE REPAIRED TO THE SATISFACTION OF THE PUBLIC WORKS AND UTILITIES DEPARTMENTS.
4. ANY DAMAGE TO (INCLUDING BUT NOT LIMITED TO) LANDSCAPING, TREES, AND
BULKHEADS SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY OR OWNER OF THE IMPROVEMENTS.
5. THE BfilOCE SUPERSTRUCTURE INCLUDING BUT NOT LIMITED TO THE PAVING, CURBS, FILL, DECK PANELS, GIRDERS, AND DIAPHRAGMS SHALL BE PROTECTED IN PLACE.
6. FOR ALL REFERENCED CALTRANS STANDARD PLANS. USE THE 2022 EDITION.
7. FOR REQUIRED STRUCTURAL OBSERVATIONS AND SPECIAL INSPECTIONS, SEE "GENERAL PLAN No. 2" SHEET.
o TREE Reinf
Q Rdwater meter
WATER VALVE
S
i
SCE
ISECTION IDENTIFICATION SCG
SOFT
T
Tot
Typ
Vert
QUANTITIES
36" CaST-IN-DRILLEO-HOLE CONCRETE PILING
structural concrete, bridge
DRILL AND BOND DOWEL
BAR REINFORCING STEEL (EPOXY COATED) (BRIDGE)
HEADED BAR REINFORCEMENT
BRIDGE REMOVAL
REPLACE RAILING
ARCHITECTURAL CLADDING
RELOCATE BRIDGE HEIGHT SIGN
REPLACE WEIGHT LIMIT SIGN
FIRE DEPARTMENT ACCESS SIGN
REV DESCRIPTION BY DATE 457 LF
65 CY
329 LF
33,376 LBS
144 EA
LUMP SUM
104 LF
927 SOFT
2 EA
I EA
I EA
le
1 ADDED SPECIAL INSPECTIONS MDE 06/0a72023
NOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL.
BASIS OF BEARINGS SHEET INDEX
SCARINGS AMD COORDINATES SHOWN HERON ARE BASED UPON IHE CALIFORNIA COORDINATE SYSTEM OF 1963. ZONE S IZOIT.SOI IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCE CODE SECTIONS 8B01-B8I9I SAID COORDINATES ARE BASED LOCACLY UPON FIELD-OBSERVED TIES TO The FOLLOWING CALIFORNIA SPATIAL REFERENCE NETWORK,
1. TITLE SHEET
2. GENERAL PLAN No. I
3. GENERAL PLAN No. 2
4. FOUNDATION PLAN
5. ABUTMENT DETAILS
6. BENT LAYOUT
7. BENT DETAILS
8. RAILING DETAILS
9. CLAOOINO details
10. LOG OF TEST BORINGS 1 OF 2
11. LOG OF TEST BORINGS 2 OF 2
12. LANDSCAPE PLAN
13. LANDSCAPE DETAILS
£EMERGENCY TELEPHONE NUMBERS eOUIVALCNT STATIONS:
3DAI NIGHT STATION MORTHIMC
2)88769.57
2)80062.72
22)8016.19
217)992.61
CASTING
6046756.26
6)00748.57
6061432.27
6068761.20
DeSCRIP7ION
OCS REFERENCE STATION
OCS REFERENCE STATION
OCS REFERENCE STATION
OCS REFERENCE STATION
AT4T TELEPHONE COhPANT
NCWPORI BEACH UTILITIES DIVISION
(800) 332-1321
(949) 644-301)
(949) 546-2000
4)962-24))
(800) 611-
(100) 427-2200
(833) 267-6094
(949) 1-37)7 Lcaocox CONHUNICAT
SACYORANGE COUNTY SANITATION DISTRICT
SOUTHERN CALIFORNIA EDISON COMPANY
SOUTHERN CALIFORNIA CAS COMPANY
SPECTRUM BENCI HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
PREPARED by; 5 Himcn CwitTB OrltN,
Suit* 500
Soho Ano, CA 92TQ7
Pnoft*i (949) 472-3506
"AC MBAKERINTl.COM
DESIGNED Bti
M. EHBlEYMichael BakerELEVATIONS
1968 (NAVD88). BASED LKALLY UPON THE FOLLOWING
AS PUBLISHED BY THE ORANGE COUNTY SURVEYOR 10CS)>
SHOWN HEREON TERNS OF THE NORTH AMERICAN VERTICAL OATLM OF NCHUARK(S) OR CONTROL STATION(S) 1HTIRNAT
BRIDGE RETROFIT
ORAi by; SHEET No.CALL TOLL FREE
1-800-227-2600
BEFORE YOU DIO
R. LIHNAME ELEVATION (FT.)
12.026
TEAR LEVELED
20)1 11415 XS BU $-1415
Y R. UIELKE, SE,
TITLE SHEETREVIEWED by:
J. HOSOUERA
OF3-3/4- NCS BRASS BH DISK STamF^O -S-)415 1988'
N'LT SIX BAYSIX or 0.3 MILES SC'LY X CL X PCH « I9'NE'LY X CL BATSIX OR
CONC CATCH BASIN
05/11/2023
DAte: 13
FILE ■> ...\StruC\0lv\185O64-o.tlTI*.O9n
11-36
11-37
a«^TBll LiRAI QflSFRVATIONS;
LEGEND:
KXXX) LIMITS OF PILE REMOVAL (PORTION)
'-O'i 11 '-0"1 3'-0"l CURB
OF THE CONTRACTOR TO PROVIDE AT LEAST 48 HOURS ADVANCE NOTICE TO THE STRUCTURAL ENGINEER WHEN HIS WORK IS READY FOR STRUCTURAL OBSERVATION.
CONCRETE, REINFORCING STEEL, EMBEDDED STRUCTURAL ANCHORAGES
TO PLACEMENT OF CONCRETE, AND CIDH PILE CONSTRUCTION
1. 17
CURB LANE SEE NOTE 2
n
6'-6"* 4'-6"l
S
PRIOR
•VARIES
2"' TO 3"
Exist
ASPHALT
PAVING
C HARBOR
I ISLAND Rd
lO
SPFCIAI INSPECTiaNSi
1 1. SPECIAL INSPECTIONS REQUIRED FOR THIS PROJECT SHALL BE .CCO»D«NCE^,,TH^,BCtCHAP,ERo17.SPECIALINSPECTIONS
SH
ONTRACTOR.
I : PERFORMED IN
_ -HALL BE PERFORMED
THE OWNER AND EMPLOYED BY THE
il'-O’-l1 Y A
I <
O
, Exist
FILL
2. THE SPECIAL INSPECTOR SHALL BE CERTIFIED
COUNCIL (ICC) TO PERFORM INSPECTION LISTE
SPECIAL INSPECTOR SHALL FURNISH INSPECTION REPORTS TO THE OWNER /OR THE ENGINEER. ALL DISCREPANCIES SHALL BE BROUGHT TO THE IMMEDIATE ■■ 'TOR AND OWNER FOR CORRECTION.
BY THE INTERNATIONAL CODE
D BELOW.
4 'UTI E^ist PGT Exist asphalt
PAVING
O 3. THE
X _ AND
ATTENTION OF THE CONTRAC
Exist FILL
4. THE SPECIAL INSPECTOR SHALL SUBMIT A FINAL SIGNED REPORT STATING WHETHER THE WORK REQUIRING SPECIAL INSPECTION WAS. TO THE BEST OF THE INSPECTOR'S KNOWLEDGE. IN CONFORMANCE WITH THE APPROvtD PLANS AND SPECIFICATIONS AND THE APPLICABLE WORKMANSHIP PROVISIONS OF THIS CODE. a ♦
~ 1111
Exist PRECAST CONCRETE
DECK PANEL, TypExist STEEL
DIAPHRAGM, Typ
•Exist STEEL GIRDER, Typ
^^Exist BENT CAPX (PROTECT IN PLACE)
•JXZZ 5. IT SHALL BE THE CONTRACTOR'S
HOURS ADVANCE NOTICE TO
REQUIRED SPECIAL INSPECT
SOLE RESPONSIBILITY TO PROVIDE AT LEAST 48
OWNER WHEN HIS WORK IS READY FOR ANYZ THE
Exist PRECAST CONCRETE
DECK PANEL. Typ
IONS.Exist STEEL GIRDER, Typ
0/
TASLB iTOSl
AEOUWO 8A6CIA1. IHSPEC-nOM* AND TSSTS Of COttCMTE COt«T«UCnON 1—eaTiwckw
BENT CAP
Exist BENT CAP
[PROTECT IN PLACE)BOTTOM OF BENT CAP/
PILE CUT-OFF Elev,
STAMOMO'
BENT CAP
SEE NOTE 4 R«uf<>ii.in|ibar wiidiiif
a Vaify «cklabiJ>(yof remToreuif bar« X
AS1M AT06 AWE DU
Ari<l|8b Itllal»cld>. mr
lia wrfdt \
2 iBtpacI
1 iflapactttKbtnpoar-ipataUa^bihartatd
X ACDIIS 17 8 2
coocrcM nosben'
AdhcHvc auvbMi iwlNM la bunnHdly
or ifMardy indined X AO 318 17J.2A
Lxist BENT
PILE. Typ
h aod adbcaive andtoti
I(lerir>cdi4)4a ACI3I8 17 8 2
318 Ch. H.
264 3, 2644
1904 1. im.2.
2. 1908 3•Exist BENT
PILE. Typ
SEE NOTE 3
4 Voify Iof reqiuroldcufo anx X
36" CIDH PILE, Typ
lo Obucrae plaMiaM. fabncalaCIDH PILE ASTMC172
•paciaioitforitrcaittitc«\.pcrfonnrtnnip X AST r3iai«l a>i ACI318 Ib.5.2612icaaacic
Approx OG Approx OC « loapK^n^craleaMlilKXaateplacaueiiKa 1908 6 1908 7.X A<13I8: 26.5 3{Kvpe qjidkabun KOioKpic* ■906.8 X oftpeafiedcutuqi X .An3l8 26 3.3-26 3.5
lraip«ra>«e»diedii.H|i
(A/^ Van (Vi Iconoac <Neii)Ub.piKWlo
X An3i8 26 IJ 2
and jaicain icDHHal of tbnan aad fumii li
.ndiaucimlilatn
*. iMpCCt foCBWOtfctu lA^.
TYPICAL SECTION SECTION A-A
= i'-o"
dimcnuoar oflhavcaKtrlalambcr baioy X ArniR 26iii2(bi
%■' = r-0" I
TABLE 17638
'TESTS OF CABT4H-PLACE DEEP FOUNDATION ELEMENTSEXISTING UTILITIES [T| 8"DIP WATER MAIN (PROTECTIN PLACE)
U] 2-3"TELEPHONE(PROTECTIN PLACE)
[U 3"SCG GAS (PROTECTIN PLACE)
0 4" SCE ELECTRIC(PROTECTIN PLACE)
0 4''SEWER (PROTECTIN PLACE)
0 1"ELECTRICLIGHTING (PROTECTIN PLACE)
0 1"UNKNOWNUTILITY(PROTECTIN PLACE)
0 1"UNKNOWNUTILITY(PROTECTIN PLACE)
0 2" UNKNOWNUTILITY(PROTECTIN PLACE)
REOUREO SPEOAL INSPECTIONS
MSPtcnoN MSPECnOR
NOTES: Impact dniling<^>er«i(I and I ivomplac 4ikIi racurdr ot cadi druiail. X S2 Vaniy ptaccmoil locaiiom and plimbneat (.-Mifinndaneul diudan bdl diamaa • <if applicaUa).lanpi
rapacity.Reccrd
1 . STRUCTURE DEPTH SHOWN DOES NOT INCLUDE THICKNESS OF EXISTING ASPHALT PAVING. APPROXIMATE OG ck (if X lorfjniivoliBaet
BENT Elev (ft)2. THE WIDE CURB ON THE SOUTH SIDE OF THE BRIDGE IS TO COVER AND PROTECT THE UTILITIES AND IS NOT A PEDESTRIAN PATHWAY.
3. ForccscTawaMmean pcffonuleitaaud laccccdancc wiib
2 1.59 SaiHoii IT05 3.
3 -3.693. EXISTING BENT PILES TO BE REMOVED TO ORIGINAL GROUND. FOR APPROXIMATE ORIGINAL GROUND ELEVATIONS, SEE TABLE ON THIS SHEET.
ADDITIONAL INSPECtlONS REQUREO FOR CIDH PILE CONSTRUCTION 4 -2.91
MSPtCTKM
5 2.61FOR BOTTOM OF BENT CAP/PILE CUT-OFF ELEVATIONS, SEE "FOUNDATION PLAN" SHEET. to CIDH perCNunu StandardSpedficahoanrtdSptdM Piovn ® EXISTING BRIDGE RAILING (PROTECT IN PLACE).
@ EXISTING BRIDGE MOUNTED LIGHTING (PROTECT IN PLACE). HARBOR ISLAND BRIDGE NEWPORT BEACH. CALIFORNIA
BRIDGE RETROFIT
F.EP.BEO BY: S li/nan Cantra Dr!««.
Suit* 500
Santo tro, Ca 92707
..... ... Phon*: (949) 472-3505HTIRHaTIONAL MSAatmNTL.COM OeSICNED ST:
u. EHeLCrMichael Baker
INSTALL ARCHITECTURAL CLADDING TO COVER EXISTING EXPOSED CONCRETE CURB AND PRECAST DECK PANELS. SEE "CLADDING DETAILS" SHEET FOR ADDITIONAL INFORMATION. ORaam by:
R. LIU
SHEET NO.
'StoOlEt R. UIELKC, S£. I
3 NOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL.
GENERAL PLAN No. 2REV. DESCRIPTION BY DATE REVIE9E0 Bt:
J. HOSOUERA
OF
11/202S
ADDED SPECIAL INSPECTIONS1 MDE 06/09/2023 olrTT 13
FILE •> ...\Strue\0lvS185O64-o-9p02.O0n
11-38
notes: LEGEND:
PILE DATA TABLE EXISTING PILE
CIDH PILE
1 XX.XI BOTTOMOF BENT CAP/PILECUT-OFFELEVATION
CONSTRUCTION LIMIT IS MEASURED FROM CENTERLINE HARBOR ISLAND ROAD. ALL CONSTRUCTION ACTIVITIES SHALL BE PERFORMED WITHIN THE LIMITS SHOWN. PLACE A TURBITY BARRIER AT OR INSIDE OF CONSTRUCTION LIMIT.
1. NOMINAL RESISTANCE (kips) DESIGN TIP
ELEVATION SPECIFIED TIP
ELEVATION (ft)
LOCATION PILE TYPE
(ft)COMPRESSION TENSION
2. LIMITS OF TEMPORARY WORK PLATFORM SHOWN ARE APPROXIMATE. TEMPORARY WORK
PLATFORM TO BE ERECTED ON ONE SIDE OF THE BRIDGE FOR CONSTRUCTION ACTIVITIES
AND THEN MOVED TO THE OTHER SIDE OF THE OTHER SIDE OF THE BRIDGE TO CONTINUE CONSTRUCTION ACTIVITIES.
-49(0)
-27(c)
-27(d)
BENT 2 36” CIDH 500 N/A -49
EXISTING UTILITIES
Q] 8"DIP WATER MAIN (PROTECTIN PLACE)
[T\ 2-3”TELEPHONE (PROTECTIN PLACE)
[T] 3"see GAS (PROTECTIN PLACE)
[T| 4" SCE ELECTRIC(PROTECTIN PLACE)
[?] 4” SEWER (PROTECTIN PLACE)
(T^ STORM DRAIN (PROTECTIN PLACE)
TO PREVENT BRIDGE CLOSURES, CONTRACTOR SHALL PERFORM CONSTRUCTION ATIVITIES FROM TEMPORARY WORK PLATFORMS. CONTRACTOR SHALL SUBMIT TEMPORARY WORK
PLATFORM DRAWINGS TO THE ENGINEER OF RECORD FOR REVIEW,
3. -47(0)
-28(c)
-32(d)
BENT 3 36" CIDH 400 N/A -47
FOR GEOTECHNICAL INFORMATION, RECOMMENDATIONS, AND CONSTRUCTION NOTES NOT SHOWN, SEE "FOUNDATION REPORT, HARBOR ISLAND BRIDGE, NEWPORT BEACH, CALIFORNIA" PROVIDED BY EARTH MECHANICS, INC., DATED DECEMBER 14, 2022.
4. -47(0)
-28(C)
-32(0)
BENT 4 36" CIDH 410 N/A -47
5. THE DRILLING AND PLACEMENT OF THE CIDH PILES SHALL BE INSECTED BY A SOIL ENGINEER. -49(0)
-27(C)
-27(d)
6rDURTNGCONSTRUCmNPO?TSlGNSATEACHENOWTHECONVrRUC^^
TEMPORARY WORK PLATFORM OR BRIDGE WHERE IT WILL BE CLEARLY VISIBLE TO THE PUBLIC.
THE SIGN SHALL BE A MINIMUM OF 48" X 48". REFLECTIVE, ORANGE IN COLOR, AND WITH A BLACK BORDER AND BLACK TEXT. THE SIGN SHALL READ, "WATERWAY CLOSED USE ALTERNATE ROUTE" AND HAVE AN ARROW POINTING TOWARD THE WEST, AROUND HARBOR ISLAND, BENT 5 36" CIDH 510 N/A -49
NOTES:
1. DESIGN TIP ELEVATIONS FOR BENTS ARE CONTROLLED BY:
(o) COMPRESSION, (0) TENSION, (c) SETTLEMENT AND (d) LATERAL LOAD,
2. the SPECIFIED TIP ELEVATION SHALL NOT BE RAISED.
BOUNDARY
LINE OF
TR NO. 802,
M.M. 24/7
CITY OF NEWPORT BEACH
RICHT-OF-WAY/PROPERTY LINE
US BULKHEAD LINE
Qu
CONSTRUCTION LIMIT, SEE NOTE 1PROPERTYV CITY Of NEWPORT BEACHLINE — ADJUDICATED MEAN HIGH TIDE LINE PER R.S.B. 92/14
n AND O.R. 181-162 E)
V / STREET RIGHT-OF-WAY
Hi
US BULKHEAD LINE
PER R.S.B. 146/33
Temp WORK PLATFORM,
SEE NOTES 2 AND 3
6. A
t BENT 3BENT 2 , BENT 4
rXTT I 10.21 Mo.o*
ADut
ft.
o ’T
NORTHING
2169617.06
TEASTING
6058897.32
\ HARBOR
ISLAND Rd !
N51°23-4r'E*\
i 57' EASEMENT
FOR SEWER
AND PUBLIC
UTILITIES
PER TR NO.
802, M.M.
24/7
2<2>.W •CITY OF NEWPORT BEACH
STREET RIGHT-OF-WAY0 \3±16i48(T) 2+84.7 3+50.14,ij LlJlIjllJD! / I'i t s'
-CITY OF NEWPORT BEACH
RIGHT-OF-WAY/PROPERTY LINE I•* r
'4>-r
OPTIONAL Temp SIGN LOCATION,
SEE "TEMPORARYSIGNDETAILS"JAND NOTE 6, Typ-^ Temp WORK PLATFORM, SEE NOTES 2 AND 3
i/waterway^
CLOSED USE
ALTERNATE
\ ROUTE /POST Temp
SIGNS DURING
CONSTRUCTION,
SEE NOTE 6
CURVE DATA
<B>
R = 60.00'
A = 38*43'28”
21.09'
L = 40.55'
R = 60.00'
A = 17*40'17"
T = 9.33'
L = 18.51'
CONSTRUCTION LIMIT, SEE NOTE 1 OPTIONAL Temp SIGN LOCATIONS, SEE "TEMPORARY SIGN DETAILS" !
AND NOTE 6, Typ
T
PLAN TEMPORARY SIGN DETAJLS
1" = lO'-O" NOT TO SCALE
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
PfitPtKO BY!THE BRIDGE RETROFIT
FOUNDATION DESIGN COMPLIES
WITH THE FOUNDATION REPORT
RECOMMENDATIONS, SEE NOTE 4.
5 Mutton O-iv*.
Suit* SOO
Santo *no. Ca «70T
Prw>*j 1949) 472-JS05
"At UBAKERINTL.COW
MSICNCO Bt!
U. EMlEVMichael Baker
BRIDGE RETROFIT
CAM BTS SHEET NO.
R. LI
4 UR4j4H.ee. PC c.i.H^-yTsNOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE (M^DERING OR FABRICATING ANY MATERIAL. 4L4HeS»4R4N BHAOLET R. UlELAE, SE, PE
05/n/202J
FOUNDATION PLANREviEaCO by;
j. uosoueRA
OF
03/31/702?
13DATE:
FILE •> ... iv\iSS064-*-faoi.ogn
11-39
C HARBOR ISLAND RO »
t Exist GIRDER
notes:
X
t Exist GIRDER C Exist GIRDER
. ABUTMENT I SHOWN, ABUTMENT 6 SIMILAR.
Exist
WINCWALL,
2. NOT ALL EXISTING ABUTMENT AND PILE REINFORCEMENT SHOWN.Exist Abut BACKWALL »3 0 12+ Exist STIRRUP
»9 Tot 7 Exist Reinf
-Exist GROUT PAD
AND 8rg PLATE, TypTyp 3. LOCATE EXISTING ABUTMENT REINFORCEMENT PRIOR TO INSTALLING DRILL & BONO DOWELS.
PLACE DRILL & BOND DOWELS TO MISS EXISTING REINFORCEMENT. STOP DRILLING OPERATIONS
IMMEDIATELY AND NOTIFY ENGINEER OF RECORD IF ANY EXISTING REINFORCEMENT OR EXCESS CONCRETE (BESIDE THE HOLE TO BE DRILLED) IS DAMAGED DURING DRILLING.
I
r V
_BB = t Abut
A. ROUGHEN THE EXISTING ABUTMENT SURFACE TO BE COVERED BY ABUTMENT SEAT EXTENSION TO 1/4' AMPLITUDE. SURFACE SHALL BE CLEANED AND FREE FROM LAITANCE PRIOR TO PLACING ABUTMENT SEAT EXTENSION.
!
- ^ 1 Brg:--I
Abut SEAT
EXTENSION
•sDa 12Exist EDGE
OF DECK, Typ
V*5
DRILL & BOND DOWELS
a 12 IN 10" DEEP HOLE,
SEE NOTE 3
#5 Tot 4
1 '-6" 1 r-o"+
'-0"1 7'-0" 7--0" r-o"3 Exist t Abut
^ BrgSTEEL
GIRDER14'-0" i_6"+
16'-0"t
PLAN
/
HARBOR ISLAND RP =
t Exist GIRDERExist
WINGWALL,
t Exist GIRDER It Exist GIRDER
ITyp
TOP OF Exist
Abut SEAT
TOP OF Exist
Abut BACKWALL
r
\d
«5 Tot 4
I
S
/
•sDa 12
m n
Approx OG
Abut SEAT
EXTENSION
I4 J ■
J . DRILL & BONO DOWELS
a 12 IN 10" DEEP HOLE,
SEE NOTE 3wsDa 12
3I
Tot 7 Exist Reinf
'«3 a 12i Exist STIRRUP
Exist PILE, Typ
«5 Tot 4
Abut SEAT
EXTENSION
I
#5
DRILL & BOND DOWELS
a 12 IN 10" DEEP HOLE,
SEE NOTE 3
i
Exist PILE
t Exist PILE t Exist PILE
ELEVATION <i Exist PILE
yv' = r-0 SECTION A-A s
1Vz" = ■-0"
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
P«€I>WD ev; 5 >unon Centre Orl,*,
Suit* SCO
OeSIGNSD Sr:
M. EMSieTMichael Baker 92T0T
Pnort*! 4T2-5S05
H«l- MAKERINTL.COy
1 BRIDGE RETROFIT
DRAIN by:
R. LIU
SHEET No.
'WAOLEY R. MieiKE, SE, PE
OS/11/2023
BSteI
5 NOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL, ABUTMENT DETAILSREVIEKO by:
J. UOSOUCRA
OF
13 FILE ») ...NSTroc\Div\18506A-f-ooT0l.dfln
11-40
*6 X 9'-8" Tot 4 PE.R SIDE
CENTERED IN BENT CAP,
BUNDLE WITH «9 Reinf
«. Exist
! GIRDER
I
BENT =
Exist BENT
I
HARBOR ISLAND Rd =
Exist GIRDER
MECHANICAL
COUPLER. Typ~<A
Exist
GIRDERExist EDGE OF DECK Exist EDGE OF DECK
5'-0"t
t CIDH CIOH
PILE
T
PILE
I
2'-6" i 2'-6'FOR Bot BENT CAP
Reinf PLACEMENT
THROUGH CIDH, SEE "BAR
PLACEMENT DETAIL"
=5 -#6 ITot 9 EACH END,
a LOCATE 1 BAR AT <i BENT,
^ LAP REMAININGWITH «9TOP ReinfzV ■ - 6'-r
ZD Tot 9 LOCATE 1 BAR
t BENT, LAP REMAININGWITH #9 TdP Reinf
S 2 »€>
BENT »
Exist BENT
AT»8 Cont Tot 2,
HEADED Reinf
T
J-
•9 Cont Tot 2,
HEADED Reinf, SEE NOTE B
1 ¥
“T
9 Cont Tot 3
PER SIDE, HEADED Reinf «5ir iTot 5*9 Cont Tot 4
PER SIDE,
HEADED Reinf
Exist
*9 Tot 2
SYMMETRIC ABOUT t
TOP Reinf
Exist BENT CAP ;(PROTECT IN PLACE)¥ END VIEWr-y
#6 DRILL & BONO DOWEL
IN 12" DEEP HOLE, Tot 6 EACH END,
SEE NOTE 5
1/2"* l'-0"Exist BENT PILE, Typ
rBot Reinf URFACE,
6LEGEND:
|><^XXI LIMITS OF PILE REMOVAL (PORTION)
LIMITS OF BENT CAP REMOVAL (PORTION)
I HEADED REINFORCEMENT
CIDH PILE
PLAN
1/2". 1'-0"
#9 Cont 4 PEF
SIDE, HEADED ReinfHARBOR ISLAND Rd
27'-4“
3'-2" 10'-6" - t BENT10-6" 3'-2‘' «8 Cont Tot 2,
HEADED Reinf2'-0'‘l S'-6"i 5'-6"* 2'-0"lMECHANICAL
COUPLER,Typ-^
SEE"EXISTING\BENT CAP REMOVAL \
\ DETAIL", Typ
I
*9 Cont TOP
HEADED Reinf,
SEE NOTE 8
CIDH MAIN Reinf#5 OR #6
& B0ND__D0WEL,
i AND 5
DRILL
ROUGEN
SURFACE, Typ,
SEE NOTE 6
SEE
Tot 9, LOCATE 1 BAR
AT C BENT, LAP REMAINING
WITH W9 TOP Reinf, ADJUST
Bot LEG TO FIT THROUGH
CIOH MAIN Reinf, Typ
t
cf
(s»
-CIOH HOOP Reinf
«6 '<£>
a
EACH END
3" Clr BAR PLACEMENT DETAIL
V.-. 1--0-
4 Typ
NOTES:
#8 OR #9
Cont Bot
HEADED
Reinf
Exist BENT
CAP (PROTECT
IN PLACE) DRILL &
BONO DOWEL,
EACH END,
SEE NOTE 5
Exist BENT
PILE TO BE
REMOVED,
Typ, SEE^NOTE 7
C UI 5 FOR "SECTION A-A", "SECTION "B-B", "SECTION C-C", "SECTION D-D", "SECTION E-E", AND "EXISTING BENT CAP REMOVAL DETAIL", SEE "BENT DETAILS" SHEET.^#6 Bot Reinf,
CENTERED IN
BENT CAP, BUNDLE
WITH «9 Reinf
o
Iz
2. WHERE PERMITTED SPLICES IN MAIN CIDH REINFORCEMENT SHALL MEET ULTIMATE BUTT SPLICE REQUIREMENTS. 7. sQ.
3. CIDH HOOP REINFORCEMENT SHALL MEET ULTIMATE BUTT SPLICE REQUIREMENTS.t Exist PILE Ex St PILE PLACE DRILL AND BOND BOWELS IN THE EXISTING BENT CAP REGION, SPACE WITH EACH nS STIRRUP. FOR STIRRUP CONFIGURATION AND DRILL AND BOND DOWEL REINFORCEMENT DETAILS, SEE "STIRRUP AND DOWEL TABLE" ON THIS SHEET AND "SECTION B-B" ON THE "BENT DETAILS" SHEET.
4. »5 STIRRUP 10jl^O" (A) a 9 Moxg 0 6
(C) Tot 1I I
(B) Tot 1I
(C)a 5'/2Tot21
(D) Tot 1
O 6
SPACING,
SEE NOTE 4
(C) Tot 1»
1(B)Tot 1
1(C)a s'/gTot2
(D) Tot 1
5. LOCATE EXISTING BENT CAP REINFORCEMENT PRIOR TO INSTALLING DRILL & BOND DOWELS. PLACE DRILL & BOND DOWELS TO MISS EXISTING REINFORCEMENT. STOP DRILLING OPERATIONS IMMEDIATELY AND NOTIFY
ENGINEER OF RECORD IF ANY EXISTING REINFORCEMENT OR EXCESS CONCRETE (BESIDE THE HOLE TO BE DRILLED) IS DAMAGED DURING DRILLING.
I
o a 6 Tot 3
o
6. NOT ALL EXISTING REINFORCEMENT SHOWN. ROUGHEN TO 1/4" AMPLITUDE EACH SIDE, EACH END, AND THE
BOTTOM OF THE EXISTING BENT CAP AND EACH SIDE OF THE PORTION OF THE EXISTING PILES THAT WILL BE EMBEDDED IN THE NEW BENT CAP. SURFACE SHALL BE CLEANED AND FREE FROM LAITANCE PRIOR TO PLACING NEW BENT CAP CONCRETE.
(A^
1 b
5Approx OG
1s
EXISTING BENT PILES TO BE REMOVED NO LESS THAN 28 DAYS AFTER THE LAST CIDH PILES AND NEW BENT CAP CONCRETE HAS BEEN PLACED. THE PORTION OF EXISTING BENT PILE EMBEDDED IN THE NEW BENT CAP IS TO REMAIN IN PLACE. TRIM EXPOSED EXISTING LONGITUDINAL PILE REINFORCEMENT 1“ INTO EXISTING CONCRETE SURFACE AND PATCH WITH EPOXY. FOR LIMITS OF EXISTING PILE REMOVAL, SEE "GENERAL PLAN No. 2" SHEETS
7. STIRRUP AND DOWEL TABLE
MARK CONFIGURATION
as(A)a.
M
USING MECHANICAL COUPLERS SERVICE SPLICE THE TWO CENTER «9 TOP REINFORCEMENT TO THE EXISTING *9 REINFORCEMENT LOCATED IN THE TOP CORNERS OF THE EXISTING BENT CAP. SEE "EXISTING BENT CAP REMOVAL DETAIL" ON THE "BENT DETAILS" SHEET.
(B)
9 as(C)
B(D) HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
W»EP*)»E0 BY! 5 ►onon C»mre Drl»«.
Suit* SOO
SdTto *». C* 9?707
Pnon*: (9491 4T2-3SOS
" » i l«*KERI»Tt..CCIM
oesiCNCD art
.ETMichael BakerSEE NOTE 3 ON "BENT DETAILS" SHEET
1 INTtRNAT
BRIDGE RETROFIT SHEET No.0AA*N BY!
R. LIU
t CIDH t CIDH
PILE PILE 6
ELEVATION
■4" . 1 '-0"
UOLEY ~R.UIELU. SE'. BENT LAYOUTNOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL.
OFWVIE«ED BY!
J. MOSOUCRA05/11/2023
13DATE;
niE -> ...\STrucN0lv\ie5064-n-0. lo.Ofln
11-41
BENTCIDH PILE
Exist PILE
7"li7";
2" ID INSPECTION
TUBES, Tot 3,
SEE DETAIL 1
»4 O 12i Exist TIESt
#8 Cont Tot 2, DRILL l'/2"0
HOLE THROUGH Exist PILE,
SEE NOTE 6
BENT =
t Exist BENT
#7 Tot 6 Exist Reinf
»5 Tot 2 (Bot LEGS OF
STIRRUP), DRILL 1yV‘0
HOLE THROUGH Exist PILE,
SEE NOTE 6
b
Exist BENT CAP,
PROTECT IN PLACE
»6 DRILL & BOND
DOWEL IN 12" DEEP HOLE,
Tot 6, SEE NOTE 3
#6 HOOPS
#8 MAIN Reinf Tot 15
(6 BUNDLES OF 2,
3 SINGLES)
«5 i3 STIRRUP,
SEE NOTE 2 I
SECTION A-A
1--0-
3"1 Cir
SECTION C-C Typ
= 1 '-0"
NOTE: FOR DETAILS NOT SHOWN, SEE "SECTION B-B" AND "SECTION D-D". r-4"t
5" Min, Typ
/—33" Max SPACING
/ FOR INSPECTION/ TUBES
EXISTING PILE SECTION
I'/a"* r-0"
NOTE: NOT ALL REINFORCEMENT SHOWN.
i BENT =
CIDH PILE
S'/?" Min AT
INSPECTION
TUBES, Typ-
3'-0"
LAP
J.
REMOVE 6" MinF_ STIRRUP,
SEE NOTE 2 -
#9 Tot 2 HEADED Reinf.
SPILCE TO #9 Exist TOP
Reinf WITH MECHANICAL
COUPLERS, SEE "EXISTING
BENT CAP REMOVAL DETAIL"
«53" Min AT
INSPECTION
TUBES. Typ-
SEE NOTE 5»9 TOP Reinf
6-y
^1 Tot 9,LOCATE
1 BAR AT t BENT, LAP
REMAINING WITH «9
TOP Reinf
>9 Exist TOP Reinfr'
INSPECTION
TUBES 7
3 MAIN Reinf
HOOPS
b
#5-;| |Tot 5 •MECHANICAL COUPLERc
|2"Cira
DETAIL 1 Min
INOT TO SCALE
I
t BENT =
t Exist BENT =
i Exist BENT PILE
•Exist BENT CAPSECTION D-D
5v = r-o"
NOTE: FOR DETAILS NOT SHOWN, SEE "SECTION B-B". EXISTING BENT CAP REMOVAL DETAIL 5'-0" 3" = 1 '-0"
NOTE: NOT ALL REINFORCEMENT SHOWN.2'-6" 2'-6"
c
r-io"i 3
EQUAL
SPACES
t BENT#5 OR «6 DRILL & BONDl i"l i l I"! 9b NOTES:o
DOWEL IN 10" DEEP HOLE,
SPACE WITH STIRRUPS, Typ,
SEE NOTES 3 AND 6
.REMOVAL LIMITSTyp
Typ I
SEE NOTE 5 NOT ALL EXISTING BENT CAP AND PILE REINFORCEMENT SHOWN.
FOR LOCATION OF "SECTION A-A", "SECTION "6-B". "SECTION C-C", "SECTION D-D", "SECTION E-E" AND STIRRUP SPACING, SEE "BENT LAYOUT" SHEET.
1.#3 O 12* Exist STIRRUP S
2.I
ITS Cent Tot 5 EACH FACE,
LAP EACH END (r-6" Min)
WITH #5b|‘
> -«9 Cont Tot 3
PER SIDE,
HEADED Reinf
»5 STIRRUP,
SEE NOTE 2
12* Exist'( END Reinf SPLICE «9 Tot 2 TOP
Reinf TO #9 Exist
TOP Reinf WITH
MECHANICAL COUPLERS
Ki 3. LOCATE EXISTING BENT CAP REINFORCEMENT PRIOR TO INSTALLING DRILL & BOND DOWELS. PLACE DRILL & BONO DOWELS TO MISS EXISTING REINFORCEMENT. FOR STIRRUP CONFIGURATION (A) INSTALL #5 DOWELS ON THE TOP ROW ONLY. FOR STIRRUP CONFIGURATIONS (B) AND (C) INSTALL TWO ROWS OF #6 DOWELS. FOR STIRRUP CONFIGURATION (D) INSTALL *6 DOWELS ON THE BOTTOM ROW ONLY. FOR STIRRUP CONFIGURATIONS SEE "STIRRUP AND DOWEL TABLE" ON THE "BENT LAYOUT" SHEET. 7 Existb ¥
-f-- Exist BENT PILE,
SEE NOTE 4
»8 Cont Tot 2 HEADED Reinf,
DRILL 1'/2"0 HOLE THROUGH
Exist PILE, SEE NOTE 6,
SEE "EXISTING PILE SECTION"
#6 X 9'-8" Tot 4 PER SIDE
CENTERED IN BENT CAP,
BUNDLE WITH #9 Reinf
Exist BENT CAP,
PROTECT IN PLACE
»9 Tot 7 Exist Reinf
I BENT CAP,
:T IN PLACE
FOR EXISTING BENT PILE REMOVAL NOTES, SEE "BENT LAYOUT" SHEET.4. 49 Cont Tot 4
PER SIDE, HEADED Reinf
DRILL iyV'0 HOLE
THROUGH Exist PILE,
SEE NOTE 6. SEE
"EXISTING PILE SECTION"-
5. REMOVE TOP CORNERS AT THE ENOS OF THE EXISTING BENT CAP. REMOVE A MINIMUM OF 6" VERTICALLY AND HORIZONTALLY ACROSS THE ENTIRE BENT CAP WIDTH. PROTECT EXISTING REINFORCEMENT IN PLACE. IF REQUIRED INCREASE REMOVAL LIMITS TO ENSURE 2" MINIMUM CLEAR BETWEEN THE MECHANICAL COUPLER AND EACH EXISTING CONCRETE SURFACE. ROUGHEN SURFACE TO %" AMPLITUDE. SURFACE SHALL BE CLEANED AND FREE FROM LAITANCE PRIOR TO PLACING NEW BENT CAP CONCRETE.
SECTION E-EEQUAL
y*" = r-0"
NOTE: FOR DETAILS NOT SHOWN, SEE "SECTION B-B".
NOT ALL REINFORCEMENT SHOWN.
Typ yp
7"i^7"l3!^
ryp
6. STOP DRILLING OPERATIONS IMMEDIATELY-AND NOTIFY ENGINEER OF RECORD IF ANY
EXISTING REINFORCEMENT OR EXCESS CONCRETE (BESIDE THE HOLE TO BE DRILLED) IS DAMAGED DURING DRILLING.
r-2"* 3
SECTION B-B
V/' ■ T--0"
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
PWPURCOBr: 5 nmon C«n»T^ Orlva,
Suit* WO
OeSlCNCO BTi
H. £UBLET
LEGEND:
LIMITS OF BENT CAP REMOVAL (PORTION) Michael Baker 92W
Pnex)*! (949) 4T2-JS05
•"‘l M6*«mNTL.C0M
S9>ta *no,
BRIDGE RETROFIT
DRAWN BYl
R. LIU
SHEET NO.
7 . UIClaC,NOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL, BENT DETAILSReviewED BY!
J. MOSOUCRA
OF
0S/H/?023
13DATE;
FILE •> ...\STruc\0lv\185O64-n-l I .ago
11-42
C VV 0 BOLT-PEENEND a JAW END POST CAP TO BE A
DRIVEN FIT T)p
E*ist BRIDGE
RAILING POST
METAL CLAMP
■Ms" 0 TURN8UCKLE WITH
A'/j"ADJUSTMENT Typ
/2-%"0 CABLE
CLAMPS PER END -
0 EYE BOLTS IN
Vb" 0 DRILLED HOLES. PEEK
ENDS OF BOLTS Typ
'/V 0
Golv
CABLE
^V^IPE 2" StdA 2"
\
9'/."
DRILLED NoiJS 9'/."
9%"
-N- TPLACE PIPE ’
Typ ^ S'A”
mI
Vt" 0 HOLE
^Va‘ 0 STAINLESS STEEL CABLE
WASHER-
TOP OF CURB
CRIMPED STOP
SLEEVE CLAMP-EYE BOLT OR EYE END ^OF TURNBUCKLE— /
CRIMPED SLEEVE CLAMP
'/V 0 STAINLESS STEEL CABLE'^TOP OF
ASPHALT
PAVING
I A
POST 2" Std POST
14''/i'i
4-0' 6'-6' Mq«
Typ END SPAN Typ INTERMEDIATE
SPAN
CABLE RAILING ELEVATION ALTERNATIVE CABLE CONNECTION ALTERNATIVE DEAD END CONNECTION
NTS NTS NTS
9''»
IS-
IL HARBOR
ISLAND Rd •REPLACE Exist CHAIN
RAILING WITH CABLE
RAILING t POST
1-»68.24i Exist BRIDGE RAILING
(PROTECT IN PLACE)
^'/2"•Exist CURB8.77'1 Lt
REPLACE Exist
CHAIN RAILING
WITH CABLE
RAILING
IH92.31;.
6.96'Lt B9 1*91.81 EB 3-»50.14
Exist APPROACH
CHAIN RAILING
AND POSTS TO BE
REMOVED
•Exist GATE
3+51.43i
2+001+92^6.96 R
1 + •Exist
CALL BOX3+93.18+y
8.02'+ Rt
I
M.52.57;
6.96'! Rt
,1+61.29:
9.05'+ Rt
Exist CURB
/
9Exist BRIDGE RAILING
(PROTECT IN PLACE)
1 '-0"
TOP OF CURB
At*
•TOP OF ASPHALT
PAVING•FILL WITH
NON-SHRINK
GROUT
2b
£3
AFTER REMOVAL FILL POST
HOLE WITH CONCRETE AND
FINISH WITH SMOOTH SURFACE
TO MATCH EXISTING
RAILING PLAN 3 1/2"0 IN CORED HOLE
1" = lO'-O"
RAILING REMOVAL
-
= r-o"
notes;
SECTION AA1. posts SHALL BE GALVANIZED AND PAINTED. CABLES AND ATTACHMENTS SHALL BE SEE SPECIFICATIONS.
S
STAINLESS STEEL 3" = '-O' LEGEND:
lOOOO BRIDGE RAILING REMOVAL
SEE NOTE 3 a
32. POSTS SHALL BE VERTICAL.
3. CORE HOLE IN EXISTING CURB. FILL HOLE WITH NON-SHRINK GROUT, AND PLACE POST.
4. ALIGNMENT OF HOLES IN POSTS MAY VARY TO CONFORM TO SLOPE OF TOP OF CURB.
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
pffep*i>eo by: 5 CentT* M-t,
Suit* SOO
MSICNCD 6Ti
w. EuBLSrMichael Baker 92W
Phon*i (949) 4T2-3S05
XAL H8*KERtNTL.C0y
Sarto Ano,
INTtRNAT
BRIDGE RETROFIT
ORAM Bt:
n. Liw
SHEET No.
NOTE:
THE CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD
DIMENSIONS BEFORE ORDERING OR FABRICATING ANY MATERIAL.
LET R. HICLRE, S£, PE
RAILING DETAILSREVIEWED Bf!
J. MOSOUCRA
OF
OS/11/2023
DATE! 13
FILE •> ...\Sfruc\0lv\1850S4-t-r>rflt01.O9(i
11-43
§
A 43
■r •r•T O
■J 4
•T
XJ44-X3 XIV<r \>-4 4 <,4 lO
g* (i
•T d<•4 4xj
X3 4yr 4^ AXI tu
-£j <;•I
s-
Q
<1
a Q H] 'y
4 [7^
0-1 Vm t A
4Sy«f ff>depth PER MANUFACTURER
REQUIREMENTS
PER MANUFACTURER
REQUIREMENTS 4 <,DETAIL DELETED /m STMNtE^STEELJ
C
r
VNOTE
AUGN VERTKykL XUNT WTH EXISTING RAIUNO POST.WSTAU. VERTICAL L-PROFILE AT *ir O.C. NOTE
INSTALL WALL BRACKETS AT TOP AND BOTTOM OF EXISTING CONCRETE PER MANUFACTURER REQUIREMENTS.
PLAN VIEW
SYSTEM DEPTH
ELEVATIONPLAN VIEW
VERTICAL JOINT
NOT TO SCALE© ©©
TOP DETAIL
NOT TO SCALE NOT TO SCALE
4 ©
Dt
a- A
S 4
m 4
LEGE££
Q] FIBERCEMENTPANEL
^ X*0HILTIKH-EZSS316STAINLESSSTEELSCREWANCHOR.INSTALL
^P£R MANUFACTURER'SSPEaFICATlONS.{TEMBEDMENT)
WAa BRACKET
in^SSy*WAU.BRACKET
VST SELFORIUJNG SCREW X.-XK*
LD TOP/SIDECLOSURE
d] VERTICALL-PROFILE
(Tl VERTICAL T-PROFS.E
(H BUND RIVET
(iolPERFORATEDBASEaOSURE
[n] EXISTINGCONCRETE CURB
(jU EXISTINGPRECASTCONCRETEDECKPANEL
O-SYSTEM DEPTH
FIMR CEMENT PANEl A
PER MTAILS AND 0-sPECincA-noNS
'4 ^
4 12
A A
4 S
4 IA A
S
[D
APER MANUFACTURER
REQUIREMENTS 4TAILS SHOWN ON THIS SHEET ARE FOR INFORMATION ONLY.
PERT1NANT DETAILS SHALL BE PROVIDED IN THE MANUFACTURER'S SHOP DRAWINGS AS APPUCABLE TO THE SYSTEM USED.
p’^RFORkriON® 8OF
NOTE
INSTALL WALL BRACKETS AT TOP AND BOTTOM OF EXISTING CONCRETE PER MANUFACTURER REQUIREMENTS.
PLRNViEW
END OF BRIDGE DETAIL
ELEVATION
© ©
3 BASE DETAIL
NOT TO SCALE NOT TO SCALE
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
BRIDGE RETROFIT
PREFAReO BYi 5 Hjtlon C»itr« DrlM, KSIMD m
U. EMBLETMich.TGl Bnker Santo Am, U »T07
Pr«r«: (S49) 4r2-)$0S
UBAXERINlL.r~'
I
REV- DESCRIPTION BY DATE INTIIRATIOIAL
SHEET NO.WAP) it:
A. CHAABANI
1 REVISED TO STAINLESS STEEL.
REVISED NOTE.
REVISED REQUIRED THICKNESS.
REMOVED FIGURE
MDE 06/14/2023
9 sET'li.ItKm. SE.FE CLADDING DETAILS OFREVIEWED ITS
1. HIClU S
13 FILE •> WREQUESI
11-44
CPT-21-002notes:
(1) This L0T8 Sheet (Boring Record) was
prepared In accordonce with Coitrans
Soil ond Rock Logging, Classification
ond Presentotion Monuol (2010).
(2) 1.4“ sofnpies were token using o Stondoro
Penetration Sompler and 2.4" samples were
token using a Coiifornlo Modified Sampler.
(3) An outomotic trip hommer system consisting
of o hammer weight of 140 IPs foiling a distance
distonce of 30" wos used to advance the samplers.
(4) For Soil Legend, see Coitrans Stondord PlonsAlCiGond Am
H
A'21'002
t Abut 1 (L BENT 2 <L BENT 3 t BENT 4 t BENT 5
M M M
IL HARBOR
ISLAND Rd
2 3
PLAN
1" = 10'
40- -40
30- •30
• o
o
20- •20CPT-21-001 z
A-21-001
AEL. *\Z.O ft ^13.0 ft
II ncrete (6"); Aaoreoate Bose (8").
^,'udedSAND wfth 5lLr (SP-Sm);lightbrown;—
moist; mostly medium to fine SANO; trace nonpiostic
fines; weok cementation.
Poorly-graded SAND (SP); medium dense; dork groy; wet;
mostly medium to fine SAND with seasheit fragments;
trace nonpiostic fines; week cementation.
Dense.
Medium dense; No recovery.
Brown; No recovery.
10- ■10
•t
©@0- 0
ri¥rr^
-10- 10
-20-
-20I© 3
Dense; No recovery,
SEDImENTaRV ROCk IS1LT5T0NE/CLAYST0NE1: dark 'brdWn; very soft to soft; unfractured; fissie; poorly indurated;
hard drilling ot elevotion -32 feet.
(SILT (ML); block; moist; few fine SAND; mostlynonpiostic to medium plasticity fines; PP>4.5 -30 30
o10 6 2 0 160 320 460 640 800
Tip Bearing (tsf)
-30,8 ft
Friction Rotlo (%)
Terminoted ot EL.
11/17/21-40 -40tsf.) S
£■
i
-50 -50
Terminated ot El. -48.3 ft
Drilled on 11/23/21 & 12/10/21
Hommer Energy Ratio (ERi=85/'.)
-60 -60
-70 -70
t
-80
PROFILE
VERTICAL 1" = 10'
BRtPiRtO Br:
HARBOR ISLAND BRIDGE
NEWPORT BEACH, CALIFORNIA
KSICNSO BT:
Cl
► TUJJUOI
BRIDGE RETROFIT SHEET No.DRAWN Bt:
10 ALAhtfSWARAttTHOSAIRAJAH. CE'. PE C.E.NO. 312J
mr^
LOG OF TEST BORINGS 1 OF 2 OFREVIEWED Bv:
CTY
3 FILE «> ...\StrocSDlv\1BK)6A-Z-ltt>01.0fln
11-45
CPT-21-002NQT£S:
(1) This LOTB sheet (Boring Record) wos
prepared in accordance with Coltrans
Soil and Rock Logging, Classification
ond Presentotion Monuol 12010).
(2) 1.4''sompies were taKen using o Standord
Penetration Sompler and 2.4" sompies were
token using a Californio Modified Sampler.
(3) An outomatic trip hommer system consisting
of o hommer weight of 140 IPs foiling o distance
distance of 30" was used to odvonce the somplers.
(4) For Soil Legend, see Coltrans Stondord PiansMUDand
Am
H
A-21-002
C. Abut 1 t B£NT 2 t BENT 3 t BENT 4 t BENT 5 t Abut 6
M M
•t HARBOR
ISLAND Rd
2 3
PLAN
- 10'
40- -40
30- •30
si
<T.OO
20- COLO
•20
CPT-21-002 2
A-21-002
Z
AEL. •*•12.5 ft -EJ. ft
I' r cte Pave
- S -grode.i 'an[; with SILT (SP-5M); light brown;
fine SAND; few nonplostic fines;
{^."1: c Shed Concrete {2"rr0- •10
moist; mostly medium
weak cementotion.
rTTTTT Loose; dark brown; seo shell frogments.O' 0
® Pool'Ty-graded SAND (SP); dense; dark groymedium to fine SAND; troce nonplastic fn cementotion.
■; wet; mostly
nes; weak0- 10
%
22; .crXm,-20'
-20i
9 0 6 6 4
friction Ratio (%)
Terminated at EL. -27.7 ft
11/17/21
2 0 140 280 420 560 700
Tip Beoring (tsf)
-30- Herd drilling at elevation -29 feet.
•^'OImEi^TaRyrock (SlLT5TOf4C>CLAVSTOf4E);dark brown; very soft to soft; unfractured; fissle; poorly indurated.
(SILT (ML); brown; few fine SAND; mostly nonplastic to
medium piosticity fines; PP>4.5 tsf.)
PP>4.5 tsf.
-30
M)rpp)(uw)-40- -40
s
-50- -50
®@@
PP>4.5 tsf.-60- -60
-70- -70
Terminoted at El. -68.8 ft
Drilled on 11/24/21
Hommer Energy Ratio (ERi = 84.17.)
-80
PROFILE
VERTICAL 1" = 10'
PHLPARtD b-':
HARBOR ISLAND BRIDGE
NEWPORT BEACH. CALIFORNIA
HSICNCD BY!
CTV■OuMMIJttnWM
BRIDGE RETROFIT SHEET NO.ORAM by:
11 ALAHESbARAN ^HURAIRAJAH, G.C, «0. S12S
LOG OF TEST BORINGS 2 OF 2REVi£«E0 by: OF
CTY
13 FILE ■> ...\STruC\DlvV1BS064-z-irD02.0gn
11-46
LANDSCAPE CONSTRUCTION LEGEND:
CITY OF M£«*ORl MACH
PROPCRTY LINE exlSTINC TREE - PROTECT IN PLACE
EXISTING SEMR UANHOLt - PROTECT
EXISTING STORW ORAIN MANHOLE - PROTECT IN PLACE
EXISTING RATER VALVE - PROTECT IN PLACE
EXISTING TELEPHONE MANHOLE - PROTECT
EXISTING VAULT - PROTECT IN PLACE
EXISTING S/B" HATER tCTER - PROTECT IN PLACE
EXISTING ELECTRICAL/ UTILITY CABINET AND CONOOITS - PROTECT IN PLACE
EXISTING CONCRETE CURB ANO CUTTER - PROTECT IN PLACE
EXISTING
EXISTING COMCRETE/STONE PRIVATE HALF - PROTECT IN PLACE
EXISTING MTAININC HALL - PROTECT IN PLACE
EXISTING 12* HIDE STONE PLANTER
RlCHT-or-
NOTES;PLACE
US BULKHEAD LINE
. LANDSCAPE HORK shall CONFORM TO THE STANDARD
SPECIFICATIONS FOR PUBLIC HORKS CONSTRUCTION 'GREEN BOOK"
CURRENT EDIT
STREET
»IC.HT-OK-aiT (A COPY SHALL
lUES) AND THE SPECIFICATION SPECIAL PROVISIONS.
KEPT THE SITE AT
PLACE
2. THE CONTRACTOR SMALL VERIFY ALL CONDITIONS ANO ITEMS COMCNCEMENT OfSHORN ON PLANS THE SITE PRIOR
HORK. ALL DISCREPANCIES SHALL BE IMCDIATELT REPORTED TO PROJECT LAfOSCAPE ARCHITECT ANO THE CITY ENGINEER FOR
DIRECTION. ANT CONTINUATION OF WORK IS
RISK AND EXPENSE.
X THE CONTRACTOR
:rete SIDEHALK • protect in place
3. CONTRACTOR SHALL PHOTOGRAPH
TO COABCNCEMENT OF
ITEMS AT THE SITE PRIOR
HORK.
.- PROTECT IN PLACE. REPLACE ' DAAUCED
IF DAMAGEDEXISTING PRIVATE EARTH RETAINING HALL - PROTECT IN PLACE, REPLACE EXISTING PRIVATE BRICK H4 - PROTECT IN PLACE. REPLACE
EXISTING 6" HIDE STONE MOH CURB - PROTECT IN PLACE, REPLACE
EXISTING EMERGENCY CALL BOX
EXISTING BG'XAO'XB' CONCRETE SIGN HITH LIGHT FIXTURE - PROTECT, RELOCATE AND STORE ON SITE DURING BRIDGE CONSTRUCTION. REINSTALL AT ORIGINAL LOCATION UPON COM>LE1 EXISTING MIGHT LIMIT SIGN - PROTECT, RELOCATE A!* STORE ON SITE DURING BRIDGE CONSTRUCTION. REINSTALL AT ORIGINAL LXATION UPON COMPLETION Of BRIDGE CONSTRUCTION.
EXISTING POT HITH SHRUB - PROTECT, RELOCATE ANO STORE
EXISTING VEHICULAR ANO PEOESTRIAN CATES • PROTECT
EXISTING CATE EOUIPMNT TO BE REFURBISHED AND UTILIZED FOR NEH VEHICULAR CATE OPERATION. REPLACE HITH NEH EOUIPMNT IF REOUIRED
EXISTING PRIVACY FENCE
EXISTING PRIVATE SECURITT CAMERA
EXISTING PRIVATE LANDSCAPE LIGHTING - REPLACE
EXISTING 24"X24*XAB* PILASTER HITH STONE VENEER - REPLACE HITH NEH PILASTER, HATCH EXISTING. SEE "LANDSCAPE DETAILS" SHEET, DETAIL A.
EXISTING TREE TO BE REMOVED - INSTALL NEH TREE PER PLANTING LEGEND
EXISTING IRRIGATION CONTROL VALVE TO BE REMOVED
EXISTING HOSE BIB TO BE REMOVED - INSTALL NEH HOSE BIB PER IRRIGATION LEGEND
KINO IF DAMAGED
KINO IF DAMAGED
r
PROTECT, RELOCATE AND STORE ON SITE DURING BRIDGE CONSTRUCTION. REINSTALL ORIGINAL LOCATION C0HPLE1 OF BRIDGE CONSTRUC
OF BRIO
SITE DORINC BRIDGE CONSTRUCTION. REINSTALL AT ORIGINAL LOCATION UPON COMPLETION OF BRIDGE CONSTRUCTION (10 TOTAL).
PLACE, REPLACE KINO IF DAMAGED.
ITH HEAVY DUTY MSN ClOTH FABRIC COVER - REPLACE FENCE ANO FABRIC IN KING. PROVIDE SHOP DRAHINC FOR APPROVAL PRIOR TO FABRICATION.
TOP Of PRIVACY FENCE - PROTECT/ REPLACE IN KINO IF DAMAGED KINO
INSTALL :h IRRIGATI CONTROL VALVE PER IRRIGATION LEGEND
LANDSCAPE CONSTRUCTION PLAN
V = 10'-0'
IRRIGATION LEGEND PLANT LEGEND
CONNECT NEH LATERAL TO EXISTING
PRIVATE LOT 101 IRRIGATION
SYSTEM, FIELD VERIFY.
(LA«SCAPE AREA 7S SOFT)
MANUfACTjRER/MOOEL
RA»N mo R0-t2-S-P30-F-N-U OB Ht-V
BSC ESI cai oncom
9US BULKHEAD LDC 30 0.0033
/ 3#*D0XPYRUS KANAiOMuHl
EVERGREEN PEAR\\ .STREET
RICNI-OF-Hi MANUFACT
..... BIRO XACZ-100-1 .. .
MCCXUU FLOW DRIP CONTROL KIT. TIN. ANTi-SIPhON
VALVE FILTER. TM. RBY FILTER, MO 40PSI PRESSURE
REGULATOR. FOR ABOVE GRADE iNSTAUAIQN 3
CPM-15 CPH
332
K SPACING QIYCQiaiQN NAME
18' oc.BUXUS SEMP£Rv«£NS •SufFRUTlCOSA’ /
SUFFRunCOSA COMMON BOXWOOD
S CAL 3«
TO RECEIVE ORlPUNE
RAIN BIRO XFS-CV-09-12
C.' CL'3-SURFAC£ ANO ON-SURFACE IMDSCAPE
ORlPLWE WITH A ItfAVY-OUTr A 3 PSI CHECK VALVE.
0.9 CPH CUTTERS AT 12* O.C. DRlPUNE LATERALS
SPACED AT 12’ APART. WITH CUTTERS OFFSET FOR
TRWICUIAR PATTERN. SPECIFY XF INSERT FITTINCS
CONNECT NEH
PRIVATE LOT lOI DRIP IRRlOitlON
SYSTEM, FIELD VERIFY
(LAtOSCAPE AREA 2Se SOFT)
(TOTAL LS area: 25B*'7S>S33 SOFT)
TERAL TO EXISTING 24’ O.C.CARISSA MACROCMPA /
NATAL PLUM
5 GAL
h 30* o.eRHAPMCLEPIS INDCA •BALLERINA- /
BOXLEAf EUNONYWUS
3 GAL 10
1|:
STREET, 24* 0.eFESTUCA CMCREA 'ELIJAH'SBLUE' /
EUJAM'S BLUE FESCUE
CAL 14
RICMT-OF-HAY
AREA TO RECEIVE ORIPIME
BIRO XFS-CV-D9-ie
, 0.95/HI FICUS PUMILA /
CREEPWC FIG
CAL 6' 3
►no. XFS-CV Sue-SURFACC AND ON-SURFACE LMDSCAPE
ORlPlINE WITH A (^VY-OUTY 4.3 PSI CHECK VALVE.
18* O.C. DRIPLINC LATERALS
18* APART. WITH CUTTERS OFFSET FOR
INSERT FITTINCS.
0.9 CUTTERS
10 " CA2AMA RiGCNS 'YELLOW /
YELLOW CAZANIA
GAL 18* IBSPACED
TRIANGULAR PATTERN. SPCCFY
UCUSTRUH JAPOWCUM /
JAPANESE PRIVET
4315 GAL
%
8 BUCKNER-SUPERIOR HBIM
3/4IN X 1/2IN. MALE NPT RED BRASS HOSE BiBB.
Die CORPORATION LEIT-2E1
TWO STATION. YTEATHER BASED. .....
POWERED, WIRELESS iRflKATION CONTROLLER
PER MANUFACTURER'S SPECIFICATIONS
DIG CORPORATION LElT-YYWS
SMART IRRIGATION INFORMATION dVEN TO LETT 2ET
CONTROLLER TO COMPLETELY STOP IRRIGATION IF IT IS
RAINING. FREEZING. OR TOO SflTSTT. SSRLiESS
IMATMER STATION. SOLAR POMRED. HCEPENDENT,
COLLMN MOUNTED WEATHER MEASURING PiSTRUHENTS
POWERED BY SOLAR.
EXISTING V DOMESTIC WATER METER | 20000BB515 -
PROTECT M PLACE. FIELD VERIFY (CITY MAINTAINCD)
^ . EXISTING IRRIGATION LATERAL LINE - PROTECT
PLACE, FIELD VERIFY
sPHOTMLA X FTLASERI ‘COWPACTA’ /
COMPACT PHOTlNIA
6 GAL
1^'
LINE
Ei 36* #.eIT (SOLAR)
- HISTAU
PRUNUS CAROUNIANA /
CAROLINA LAUREL CmCHRY
S CAL 20CONNECT NEH VALVE TO EXISTING
IRRIGATION SYSTEM 11* DOMESTIC
, HATER METER • 2000037152 NOT
, SHOHN) APPROXIMATELY 50 LF TO THE
I EAST. (LANDSCAPE AREA 142 SOFT)
I FIELD VERIFY QUANTITY Of AVAILABLE
' OPEN STATIONS, INSTALL NEH
EXPANSION MODULES OR REPLACE
, CONTROLLER IF INAOCOUATE NUMBER OF
DAMAGE TO
I EXISTING LANDSCAPING ANO IRRIGATION
' SYSTEMS SHALL BE REPLACED IN-KIND
TO THE SATISFACTION OF THE CITY
ENGINEER.
STRELIT71A RECINAE 'OWART /
DWARF BIRD OF PARADISE
3«' 0.45 CAL 5
ICONNECT
TO EXISTING PRIVATE
LOT I IRRIGATION
SYSTEM, FIELD VERIFY.
(LANDSCAPEAREA 17$ SOFT)j
LATERAL
© CflHI SEACUiC on
TURF MARATHON I /
MARATHON X
SCO 2SB SF
PLANTING PLANSTATION EXIST.
O'-O'1
PLWTM tiPISS!
PLANT QUANTITIES ARE SHOHN FOR CONTRACTOR’S CONVENIENCE IN ESTIMATING ONLY
THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE PLANT MATERIAL FOR EACH
SYMBOL SHOHN
6. THE CONIRACTOfi SHALL VERIFY THE EXACT LOCATIONS Of ALL EXISTING UTILITIES,
SITE CONDITIONS, STRUCTURES, PROPERTT LINES, ANO SERVICES BEFORE COMMENCING .. . . DURING CONSTRUCTION. THE LWATIONS Of
THESE PLANS ARE APPROXIMATE ONLY. ANY DISCREPANCIES
SHALL BE REPORTED TO THE
ENGINEER. THE CONTRACTOR IS RESPONSIBLE TO REPAIR AND REPLACE
DAMAGE TO EXIST
THE OHNEH.
IRRIGATION PLAN
sENSURE
THESE CONDITIONS SHOHN
BETIEEN THESE PLANS AND ACTUAL FIELD CONDI
THERE ISPLANT PLAN.KRICATION lateral UNC. PVC SCHEDULE 40 3/4''• a lO'-O” IRRIGATION NOTES: ALL HORK SHALL BE SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE AS A CONDITION Of COMPLETION OF HORK BY THE CONTRACTOR.IRRIGATION MNNUNE: PVC SCHEDULE 40 Cl UTILITIES DURING CONSTRUCTION TIONAL COST TO. CONTRACTOR SHALL MEET HITH THE OHNER'S MAINTENANCE REPRESENTATIVE Of EACH PROPERTY '* THE PROJECT SITE TO LOCATE EXISTING IRRIGATION WATER METERS, VALVES, MAINLINE, AND . OTHER PERTINENT SITE INFORMATION.
3. THE PLANTI
BE HADE .t'
ENGINEER.
. MINOR AOJUSIHtNTS
THE DISCRETION OF THE PROJECT LANDSCAPE ARCHITECT OR THE CITY IS OIAOR PLANT LOCATIONSPIPE SLEEVE PVC SCHEDULE 40
s:T. PLANT MATERIAL LOCATED ADJACENT TO ANT LIGHT STANDARDS, UTILITY EOUIPtCNT, OR DRIVEWAYS. ETC. SHALL BE ADJUSTED TO MAINTAIN A SUITABLE CLEARANCE AS APPROVED BY THE CITY ENGINEER. TREES SHALL NOT BE INSTALLED OVER UNDERGROUND UTILITIES.
2. PRIOR TO DEMOLITION AND INSTALLATION Of NEH IHPROVENENTS, CONTRACTOR SHALL IDENTIFT ITEMS TO BE REMOVED AND/OR RELOCATED. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING IRRIGATION HATER TO EXISTING LANDSCAPE AREAS ADJOINING THE LIMIT Of HORK AFFECTED BY THE NEH lUWVEMENTS. THE CONTRACTOR SHALL BARE ALL COSTS ASSOCIATED
HITH LACK OF IRRIGATION
ALL PLANT MATERIAL SHALL BE SUBJEC
LANDSCAPE ARCHITEC
SPECIFICATIONS FOR ADDITIONAL REOUIREHENTS.
TO REVIEW ANO APPROVAL BY THE PROJECT
ENGINEER PRIOR TO INSTALLATION. SEE
S
AREAS
REOUIREHENTS.SEE THE SPEClfl AW) SPECIAL PROVISIONS AOOIlTER.
ALL NURSERY
PLANTING.
MATERIAL ANO MARKING TAPES SHALL BE REMOVED AT THE TIME OF
3. CONTRACTOR SHALL BE PRESENT DURING GRADING OPERATIONS TO PERFORN NECESSARY SERVICES
ANO PROVIDE
NCmSARY aOJUSTUNTS TO EXISTING SYSTEMS TO ENSURE SYSTEMS REMAIN OPERATIONAL TO
TOTAL LANDSCAPE AREAEOUIPHCNI NECESSARY FOR CAPPING THE EXISTING SYSTEM ANO MAKING
HARBOR ISLAND BRIDGE
NEWPORT BEACH, CALIFORNIA
BRIDGE RETROFit
PREPARED BY: OESIGWD
A. CHAABANI
5 mtioi Cwitr* O-hN,AS LOCATED OUTSIDE THE LIMIT OF WORK OEPICTEO THESE PLANS.
ES1STIN6 5/8* OCXCSTIC HATER ICTEP « 30000BBS15 (CITY HAlNTAlfCD) EXtSTINS DOCSTIC HATFR kCTER « 2000037152 (HQA HAINTADCD) EXISTING PRIVATE RESIDENCE HATER ICTER (LOTftOI OIHCR MAINTAIICD) EXISTING PRIVATE RESIDENCE HATER ICTER (LOTfl OHYCR UAINTADCD) 332 SOFT
142 SOFT
333 SOFT
178 SOFT
Stnfo Ano, CA SBT074. CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION Of PLAN.
iTERIAL APPEARING
i
Pnoiw: (941) 4T2-5S0SIMTIBNATIONAL H6AKERINTL. SHEET NO.
5. CONTRAC
FULLV OPERATION IRRIGATION SYSTEMS AS DETERMINED BY CITY EHCIHEER.
6. USE CHECK VALVES AS REQUIRED TO ELIMINATE LOW HEAD DRAINAGE.
7. SEE THE SPECIFICATIONS AM) SPECIAL PROVISIONS FOR ADDITIONAL REOUIRENEMTS.
SHU.L PROVIDE ALL MATERIALS. LABOR EOUIPHENI NECESSARY TO ENSURE A. CHAABANI 12 CA01 IRRIGATION
PROJECT IS OeWT JEREU FRWZIHi.PlA
ITATtD LAMSCAPE AREA
LANDSCAPE PLAN OFREvlEKD by:
J. FRANZINI s
1 3
FILE •> HREOueST
11-47
© SHRUBftOOTBALL.
(9\aC PLANTING RT TWO TIMES THE^ OAMETER AND ONE TIMES THEDEPTH OF THE ROOTBAU.. SCARTY SIDES OF
PLANT RT.
©TREE ROOTBAU..
© DtCPLANTINGRT TWO TliCS TICOIAMETERAND
ONE TIMES THE DEPTH OF THE ROOTBALL.
SCARIFY SIDES OF PLANT RT,
@ SET THEROOTBAU INTHEPLANTINGRT SO THAT
ROOT CROWN IS 1' ABOVE RNISH GRADE.
(JTPLACE BACKFia MATERIAL PER THE^ SPEQFICATIONS,TAMRNG AND SETOING AROUND ROOTBALL.
© PLANTINGTABLETSPER THESPEaFICATKiNS.
© CREATE4*IRRIGATION BASIN AT THEEDGEOF
THE PLANHNG RT.
© IRRIGATEVMTH HOSE TO SETTLEBACKFILLAND^ BERM. FILUNOBASIN.TAMP TO REMOVE AIR
POCKETS AND ADO ADOTIOHAL BACKFILL AS
NECESSARY.
© STAKEMLOW CROWN OF TREE.
® TREETIES(4PER TREE)-V.l.T.PRODUCTS
CINCH-TIE OR APPROVED EQUAL.
© r DIAMETERX ICTLONGLOOGEPOLEPINESTAKE
(2 PER TREE) INSTALLED OUTSIDE OF THE TREE
ROOTBALL. LOCATE STAKES PARALLEL TO THE
0IRECT1ON OF THE PREVAIUNG WIND AND DRIVE
RRMLY INTO THE
© SET THEROOTBAU INTHE PLANTING^RT SO THAT ROOT CROWN IS 1*ABOVE RMSH GRADE.
2'-2*
EXISTING UGHT RXTURE -
PROTECT, STORE ON SITE
ANDREINSTAU
ORIGINAL LOCATION
(SQUARE)I
© PLACEBACKRLLMATERIALPER THE
SPECIFICATIONS, TAMPING AND
SETTUNG AROUND ROOTBAU.
©PLANTING TABLETSPER THE
SPEaFICATIONS.
STACKED STONE PATTERN, TO MATCH
EXISTING PILASTER ONSITE SHOWN IN
PHOTO ABOVE-SEE NOTE 1.
J
IVBTTICAl
CORNER BARS
CREATE 4* IRRIGATION BASIN AT THE
EDGE OF THE PLANTING PIT.TES0 24-
(TYP)
STACK STONE PATTERN
©IRRIGATE WITHHOSETO SETTLE
BACKRU AND BERM. RLUNG BASIN.
TAMP TO REMOVE AIR POCKETS AND
ADD ADDITIONAL BACKFIU AS
NECESSARY.
© r LAVEROF BARKMULCH,INSTAU
BARK MULCH LAYER V AWAY FROM
SHRUB CENTER.
©EXISTINGSUBORAOE.
? SEE PLASTER
< SECTION (TYP)i
2'-O’ (MASONRY)a>r16PRECISION CMU BLOCK
SOLOGROUTAUCSJ.SSURFACE. 8x16 CMU (CUT)
SOUD GROUT AU
CELLS CTYP) ©STACKED STONE
PATTERN, TO MATCH
EXISTING PILASTER
ONSITE SHOVWI IN
PHOTO ABOVE
::3 ©
©V ©
AMIMMUMOF3'.
Oir 6‘ (TYP)■ EAd MVERI-nCAL
BARS IN CORT«RS
DEPTH OF
ROOTBALL fHifMs ^ ROOT BARRIERPROVIDEDFOR TREESLESSTHAN^ la FROM PAVED SURFACES Al® PER THE SPEOFICATTONS. INSTAU r BELOW TOP OF
PAVEMENT.
^ r LAYER OF BARK MULCH.WSTALL BARK MULCH^ LAYER r AWAY FROM TREE CENTER. ^ CONCRETE CURB AND GUTTER OR SIDEWALKPER
THE CONSTRUCTION PLANS
(©EXISTINGSUBGRADE.
AU AROUND CLRy-o- i
(TYP)(SQUARE) *4TIES0 24’O.C.
©NOTES
1, SUBMIT SHOP DRAWINGS FOR REVIEW AND APPROVAL PRIOR TO FABRICATION.
I
©
2X ROOTBALL
DIAMETEH2. CONTRACTOR SHAU LAVOLfT STACKED STONE PATTERN. TO MATCH EXISTING PILASTER ONSITE SHOWN IN PHOTO ABOVE. PRIOR TO MORTARING ONTO PILASTER. CONTRACTOR TO OBTAIN LANDSCAPE ARCHTECT APPROVAL PRIOR TO MORTARING STOhCS ONTO PILASTER.
OPEN
PILASTER SECTION
NOT to SCALE
A^ .rFCORATlVE Pit ASTER TYPICAL SECTION
e
SHRUB AND GROUNDCQVER PLANTING
NOT TO SCALE
TREE PLANTING/ STAKING
NOT TO SCALENOT TO SCALE
©PVC EXHAUSTHEADER
©PVC SCH40TEEOR EL(TYPICAL)
ll©BARBXMALEFITTING
RAIN BIRD XFO-MA HTTING
_ (TYPICAL)
© FLUSHPOINTCTYPICAL)
SEE RAIN BIRO DETAIL'XFS
FLUSH PONT OR TCFS FLUSH
^ POINT VMTHBAU VALVE-
© PERIMETEROFAREA
©PERIMETER ORIPUNEPIPETO BE^ INSTALLED2--4-FROM
^ PERIMETER Of AREA
©PVC SUPPLYPIPEFROM RAIN
CONTROL ZONE KIT (SIZED TO
_ MEET LATERAL FLOW DEMAND)
©PVC SUPPLYMANIFOLD
© CONCCnON FROMSUPPLY
MAMFOLD TO ORIPUNE
(TYPICAL). SEE INSET A
®Sl«.SURFACEORIPUNE
RAIN BIRO XF SERIES DRIPUNE
(TYPICAL)
POTABLE: XFS ORIPUNE
NOI+FOTA8LE XFSP DRIPUNE
(iy)4'POLYETHYLENEBLANK
TUBING
RAIN BIRD XF SERIES BLANK
TUeiNQ
BARB X BARS INSERT TEE OR
^ CROSS
RAIN BIROXFD.TEEOR
RAJN BIRO XFOCROSS (TYPK^AU
©© ©
0 3(MNCHUNEARLENGTHOFWIRE
COILED
© ©SSION
© N6TAU SPRINKLER HEAD FLUSH VMTH
HNISHED GRADE IN TURF AREASTEE
RAIN BIRO MOCFTEE
© WATERPROOFC0MIECT10N
- RAIN BIRD 06 SERIES (1 OF Z)
r SUB-SURFACE
DRIPUIC
RAIN BIRO XF SERIES
ORIPUNE ©ID TAG
NSIAUSKHINKLEK HfcAO l/T
L60VE FINISHED GRADE M SHRUB
UlO GROUND COVERS AREAS
erase
XFSP ORIPUNE
© ANTI-SIPHONVALVE.^ RAIN BIRD KXHASVF VALVE
(INCLUDED IN XACZ-1OO-PRF KIT)
© PRESSUREREGLAATINCFILTER^ RAIN BIRD PRF.1(X>RBY
(INCLUDED IN XACZ-10GRRF KIT)
©PVCSCHSOUNKM
© PVC SCH40MALEADAPTER
© INUNEDRIPEMITTER
NATIVE OR AMENCCO SOU
Mi
XNTRACTOR ASSEMBLED 9A1NG X>INT
SCE PER INLET. CONSISTING OF
TWO SCH. 40 PVC STRST ELLS
ONESCH40PVCTHO.EU
ONE r LONG SCH. 80 NPPLE
ONE SCK 60 NRPLE LENGTH AS REQ
SCH 40 PVC &SiT TEE FITTING
LATERAL ■ SPRINKLER N.ET SIZE
WITH BEND
INSTAU MN 6*
ABOVE HGHEST POINT
OF DISCHARGE
I© UVRADIATION RESISTANTPVCSCH
X 40PIPE(1OF 2)
© FINISHGRADER-OPOF MULCH
TURF/FIMSH GRADE
OR SHRUB BED
\MTH MULCH
NOTES
I. PLACE TIE DOIMI STAKES EVERY THREE FEET IN SAND. FOUR FEET IN LOAM, AND FIVE FEET IN CLAY. (lS)FVCSCH40EU(1OF2)
(U) PVC LATERALPIPE(1OF 2)2. AT FITTINGS WHERE THERE IS A CHANGE OF DIRECTION SUCH AS TEES OR ELBOWS. USE TIE-DOWN STAKES ON EACH LEG OF THE CHANGE OF DIRECTION.
NOTES
INSTAU SPRINKLER HEADS 24" FROM PAVNG EDGE
INSTAU SPRINKLER HEADS PLUMB. ADJUST SPRAYS OR NOZZLE STREAM TO COVSR LANDSCAPE AREA WTIHOUT OVER SPRAY ONTO PAVING FENCES. WAUS OR BUILDINGSAND TRENCHED INSTALLATIONS DO NOT REQUIRE TIE 9 ©
E XFS SUB-SURFACE DRIPLINE BURIAL POP-UP SPRINKLER G ANTI-SIPHON CONTROL ZONE KIT NOT TO SCALE NOT TO SCALE NOT TO SCALE® AIRREUEF VALVERAIN BIROAR VALVE KIT
SEE RAIN BIRD DETAIL -XFS AIR
REUEF VALVE Kir OR 'XFS AIR
REUEF VALVE KIT IN PVC
HEADER-
(^ BARBX FEMALE RTTINO
RAIN BIRO XFO-TFA-07S FITTING
^ K*PVC NIPPLE.LENGTHAS^ NECESSARY
NOTES
1, DISTANCE BETWEEN LATERAL ROWS AND
EMITTER SPAONG TO BE BASED ON SOIL TYPE,
PLANT IMTEWALS AND CHANGES IN
ELEVATION. SEE RAIN BIRD XF-SOI ORIPUNE
INSTAUATION GUIDE FOR SUGGESTED
SPAONGS.
2. LENGTH OF LONGEST DRIPLINE LATERAL SHOULD
NOT EXCEED THE MAXIMUM LENGTH SHOWN IN
THE TABLE SHOWN ON DETAIL F.
3. AIR REUEF VALVE TO BE INSTALLED.
POINT OF AREA.
S
XFCV DriplincMaximum LateralLengths
(Feet)
ir Spaong 18- Spaemg
InNt Pratura i Nominal F)ew(gph) Nominal Ftow(9ph) HARBOR ISLAND BRIDGE
NEWPORT BEACH, CALIFORNIA
BRIDGE RETROFIT
PflEPAREO BY! 5 Huttin CtfifrtOriva, KSICMO rr:
a. CHaaBANi
]
Suit* 500
Smtti ana. ca
pnorw: IS49) 472-360$
HBaaERINTL.COH
0.8 0.6 0.6 MicIt.-icI B.-ikei'HK3H
20 136 254 21S192 IMTItaATIOaSL
SHEET NO.30 205 402 337
D XFS SUB-SURFACE DRIPLINE 40 350 248 496 416 13
jffor Fujami. Pia
ggH-
so 573
I
397 281 477NOT TO SCALE LANDSCAPE DETAILSKviLKO ars
J. FRANZINI
OF
436 309 637 529
13 FILE •> fREOUE:
11-48
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provisions of Insurance. Without limitingthe indemnity provisions of thisLease, the Lessee shall procure and maintain in fullforce and effectduring the term of this Agreement, the followingpoliciesof insurance.The Lessor reserves the rightto modify these requirements, includinglimits,based on the nature of the risk,priorexperience, insurer,coverage, or other special circumstances. IfLessee does not delivercopies of acceptable insurance policieswith Lessor incorporatingsuch changes withinthirty days of receiptof such notice,this Lease shall be in default without further notice to Lessee, and Lessor shall have the sole rightto terminate this Lease in addition to other remedies available. If the existing policies do not meet the insurance requirements set forthherein,the Lessee agrees to amend, supplement, or endorse the policiesto do so.
2. Acceptable Insurers. Each such policy shallbe from a company or companies with a currentA.M. Best’s ratingof no less than A-;VIIand authorized to do business in the State of California,or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the CaliforniaInsurance Code or any federal law.Any other ratingmust be approved inwritingby the City.
3. Minimum Scope and Limit of Insurance
A. Commercial General Liability(CGL) which affordscoverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations,property damage, bodilyinjury,and personal & advertising injurywith limitsno lessthan three milliondollars($3,000,000)per occurrence and fivemilliondollars($5,000,000) inthe general aggregate.
B. Workers’ Compensation Insurance Lessor shall maintain Workers’ Compensation Insurance, statutorylimits,and Employer’s LiabilityInsurance with limits of at least one milliondollars($1,000,000) each accident for bodily injuryby accident and each employee forbodilyinjuryby disease inaccordance with the laws of the State of California.In addition. Lessor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s LiabilityInsurance in accordance with California law for all of the subcontractor’s employees.
C. Pollution Legal Liabilityincluding onsite and offsitecoverage for bodily injury (includingdeath and mental anguish), property damage, non-owned disposal site liability,defense costs,cleanup costs,and pollutionconditions that arise from or in connection with the transportation(includingloading and unloading) of any waste or waste materialsoffor away from the premises. Coverage shallbe provided for both sudden and accidental and gradual and continuous pollutionevents with limits no less than five milliondollars($5,000,000) each loss and five million dollars HARBOR ISLAND COMMUNITY ASSOCIATION Page C-1
11-49
($5,000,000) in the aggregate. The policy shall not exclude any hazardous materials forwhich there isexposure.
D. Property Insurance shall be maintained on an “All Risk” basis, includingcollapse, equal to the fullreplacement cost of the property leased with no coinsurance clause. Lessee shallbe solely responsible forthe payment of any deductible.
E. Builder’sRisk Insurance during construction, reconstructionor alterationof any Improvements on the premises against “allrisk”of physical loss,including,without limitation,the perils offlood,collapse and transit,with deductibles acceptable to Lessor, covering the total cost of work performed, equipment, supplies and material furnished on a replacement cost basis.
F. Excess/Umbrella LiabilityPolicies Ifany excess or umbrella liabilitypoliciesare used to meet the limitsof liabilityrequired by thisLease, then said policiesshallbe “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet allthe insurance requirements stated in this Lease, including,but not limitedto the additionalinsured,primary & non-contributoryand waiver of subrogation insurance requirements stated herein. No insurance policies or self-insurancemaintained by the City,whether primary,reinsurance or excess, and which also apply to a loss covered hereunder, shall be called upon to contributeto a loss untilLessee’s primary and excess/umbrella liabilitypoliciesare exhausted.
4. Endorsements
Insurance policiesshall not be compliant ifthey include any limitingprovision or endorsement contrary to this Lease, including but not limitedto restrictingcoverage to the sole liabilityof Lessee or excluding contractual liability.The following endorsements shallbe provided to the City.
A. Commercial General Liability,and Pollution Legal LiabilityPolicies:
1. Additional Insured: The Lessor, City of Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers,employees and State of California are to be covered as additional insureds forthe liabilityand defense of suitsor claims arisingout of the activities,work or operations performed by or on behalf of the Lessee includingmaterials,partsor equipment furnished in connection with such work or operations on all liabilitypolicies, except professional liability.
Commercial General Liabilityadditionalinsured endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or both CG 20 10 or CG 20 26, and CG 20 37.
HARBOR ISLAND COMMUNITY ASSOCIATION Page C-2
11-50
2. Primary and Non-Contributory: This insurance isprimary to and willnot seek contributionfrom any other insurance whether primary, excess, umbrella, or contingent insurance, includingdeductible,or self-insuranceavailable to the Lessor, City of Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers,employees and State of Californiafor allliability policies.
The Commercial General liabilityprimary endorsements shall be at least as broad as ISO CG 20 01 04 13.
B. Workers’ Compensation:
1. Waiver of Subrogation: Any rightof subrogation against the Lessor, City of Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers,and employees shallbe waived. Subcontractors shall waive C. Property Insurance:
1. Loss Payee: Losses payable under the policyshallbe paid to the City as its interestsmay appear.
2. Waiver of Subrogation: Any rightof subrogation against the Lessor, City of Newport Beach, itsCity Council, boards and commissions, officers,agents, volunteers,and employees shallbe waived.
G. Insurance Obligations of Lessee
The City requiresand shallbe entitled toLessee’s broader coverage and/or the higher limitsifLessee maintains broader coverage and/or higher limitsthan the minimums shown above. Any available insurance proceeds excess of the specified minimum limitsof insurance and coverage shallbe availableto the City. No representation is made that the minimum insurance requirements of this Lease are sufficient to cover the obligationsof Lessee under thisLease. The procuring of such required policyor policiesof insurance shallnot be construed to limitLessee's liabilityhereunder nor to fulfillthe indemnification provisionsand requirements of this Lease.
H. Notice Of Cancellation
Required insurance policiesshall not be cancelled, or coverage reduced untilthirty (30) days writtennoticeof cancellationhas been served upon the City,except ten (10) days shallbe allowed fornon-payment of premium.
HARBOR ISLAND COMMUNITY ASSOCIATION Page C-3
11-51
I. Waiver Of Subrogation
Required insurance policies shall not prohibit Lessee from waiving the right of subrogation priorto a loss. The Lessee shallwaive allrightsof subrogation against the indemnified parties and policiesshall contain or be endorsed to contain such a provision.This provisionappliesregardless of whether the City has received a waiver of subrogation endorsement from the insurer.
J. Evidence Of Insurance
Allpolicies,endorsements, certificates,and/or binders shallbe subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only ifapproved in writingby the City.The City reserves the rightto require complete, certifiedcopies of allrequired insurance policies,includingendorsements required by these specifications,at any time. The certificates and endorsements for each insurance policyshallbe signed by a person authorized by that insurer to bind coverage on itsbehalf. At leastfifteen(15) days priorto the expiration of any such policy,evidence of insurance showing that such insurance coverage has been renewed or extended shall be filedwith the City. Ifsuch coverage is cancelled or reduced. Lessee shall,within ten (10) days after receipt of written notice of such cancellationor reductionof coverage, filewith the City evidence of insurance showing that the required insurance has been reinstated orhas been provided through another insurance company or companies.
K. Self-Insured Retention
Self-insured retentions(SIR’s) must be declared to and approved by the City. The City may requireLessee to purchase coverage with a lower retention or provide proof of abilityto pay losses and related investigations,claim administration, and defense expenses withinthe SIR. The policylanguage shallprovide, or be endorsed to provide, that the SIR may be satisfiedby eitherthe named insured or the City. Self-insured retentionsshallbe the sole responsibilityof Lessee, or subcontractor who procured such insurance. The City may deduct from any amounts otherwise due Lessee to fund the SIR. The policymust also provide thatdefense costs, including the allocated loss adjustment expenses, willsatisfythe SIR.
L. Contractual Liability
The coverage provided shall apply to the obligationsassumed by Lessee under the indemnity provisionsof thisLease.
M. Failure To Maintain Coverage
The Lessee agrees to suspend and cease alloperations hereunder during such time as the required insurance coverage isnot in effectand evidence of insurance has not been furnished to the City. Should Lessee not provide City with proof of the required Page C-4HARBOR ISLAND COMMUNITY ASSOCIATION
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insurance coverage to the satisfactionof the City’sriskmanager, Lessee covenants and agrees to pay to City on demand any and allsums expended by itin correcting any such deficiency,togetherwith an administrativefee,which shallbe twenty percent (20%) of City’stotalexpenses incurred.Notwithstandingthe foregoing sentence, if withinten (10) days afterloss of coverage. Lessee obtains and provides evidence of required insurance coverage acceptable to City’s Risk Manager, the Lessee may continue operations. The insurance policy effectivedates shall be retroactive to ensure no gap in coverage.
N. Claims Made Policies
Ifcoverage iswrittenon a claims-made basis,the retroactive date of such insurance and allsubsequent insurance shallcoincide or precede the effective date of Lessee’s initialLease with the City and continuous coverage shall be maintained, or an extended reportingperiod shall be exercised for a period of at leastten (10) years from terminationor expirationof thisLease.
O. Insurance For Subcontractors
Lessee shall be responsible for causing subcontractors to purchase the same types and limitsof insurance in compliance with the terms of thisLease, includingadding the City as an additionalinsured, providing primary and non-contributory coverage and waiver of subrogation to the subcontractor’spolicies.
HARBOR ISLAND COMMUNITY ASSOCIATION Page C-5
11-53
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California,has entered into with HARBOR ISLAND COMMUNITY ASSOCIATION, hereinafter designated as the “Principal,”a lease agreement for the use of the Property and Improvements at the property located at and around Harbor Island in the City of Newport Beach, in strict conformity with the Lease on filewith the office ofthe City Clerk of the City of Newport Beach, which isincorporated herein by thisreference.
WHEREAS, Principalhas executed or isabout to execute the Lease and the terms thereof require the furnishingof a bond, providing that ifPrincipalor any of Principal's subcontractors, shallfailto pay for any materials,provisions, or other supplies used in, upon, for,or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind,the Surety on thisbond willpay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal,and,
duly authorized to transact business under the laws of the State of California,as Surety, (referredto herein as “Surety”)are held and firmlybound unto the City of Newport Beach, in the sum of
lawfulmoney of the United States of America, said sum being equal to 100% of the total amount payable for completion of the Improvements, and being over Twenty Five Thousand Dollarsand 00/100 ($25,000.00),payable by the City of Newport Beach under the terms of the Lease; forwhich payment well and trulyto be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointlyand severally, firmlyby these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that ifthe Principal or the Principal’ssubcontractors, failto pay for any materials,provisions, or other supplies, implements or machinery used in, upon, for,or about the performance of the Work contracted to be done, or forany other Work or laborthereon of any kind,or foramounts due under the Unemployment Insurance Code with respect to such Work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Work and labor,then the Surety willpay forthe same, in an amount not exceeding the sum specified inthisBond, and also,in case suitisbrought to enforce the obligationsof thisBond, a reasonable attorneys’fee, to be fixed by the Court as required by the provisions of Section 9554 of the CivilCode of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled tofileclaims under Section 9100 of the California Civil Code so as to give a rightof action to them or theirassigns in any suitbrought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.
Dollars ( .).
HARBOR ISLAND COMMUNITY ASSOCIATION Page D-1
11-54
And Surety,for value received,hereby stipulatesand agrees that no change, extension of time, alterationsor additions to the terms of the Lease or to the Work to be performed thereunder shallin any wise affectitsobligationson this Bond, and itdoes hereby waive noticeofany such change, extensionoftime, alterationsor additions to the terms of the Lease or to the Work or to the specifications.
In the event thatany principalabove named executed this Bond as an individual, itisagreed thatthe death of any such principalshallnot exonerate the Surety from its obligationsunder thisBond.
IN WITNESS WHEREOF, thisinstrument has been duly executed by the above day of 20.named Principaland Surety, on the
Authorized Signature/TitleName of Contractor(Principal) Authorized Agent SignatureName of Surety
Print Name and TitleAddress of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Date;
By:
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page D-2HARBOR ISLAND COMMUNITY ASSOCIATION
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ACKNOWLEDGMENT
A notary publicor other officercompleting thiscertificate verifiesonly the identityof the individualwho signed the document to which this certificateis attached, and not the truthfulness,accuracy, or validityof that document.
State of California
County of } ss.
On before me.20. ,Notary
,who proved toPublic,personally appeared
me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws of the State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
Signature (seal)
ACKNOWLEDGMENT
A notary public orother officercompleting thiscertificate verifiesonly the identityofthe individualwho signed the document to which this certificateis attached, and not the truthfulness,accuracy, or validityof thatdocument.
State of California
County of _}ss.
On before me.20 ,Notary
, proved to me on
the basis of satisfactoryevidence to be the person(s)whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and thatby his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted,executed the instrument.
Public,personally appeared
Icertifyunder PENALTY OF PERJURY under the laws of the State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
Signature (seal)
HARBOR ISLAND COMMUNITY ASSOCIATION Page D-3
11-56
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS,
HARBOR ISLAND COMMUNITY ASSOCIATION, (hereinafterreferredto as “Tenant”) isa tenant of the Cityof Newport Beach, a Californiamunicipal corporationand chartercity(“City”),and has entered intoa lease agreement for the use of the Property and Improvements at the property located at and around Harbor Island in the City of Newport Beach, in strictconformity with the (“Lease”).lease agreement dated
, (hereinafterreferredto as
(hereinafterreferredto as the “Project”).
WHEREAS, Tenant has awarded to _
the “Contractor”)an agreement forthe
WHEREAS, the work to be performed by the Contractor is more particularly setforth in the Contract Documents for the Project dated
“Contract Documents”), the terms and conditionsof which are expressly incorporated herein by reference; and
, (hereinafterreferred to as
WHEREAS, the Contractor is required by said Contract Documents and the Lease to furnish a bond forthe faithfulperformance of said Contract Documents forthe benefitof City and Tenant. the undersigned Contractor and
as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California,are held and firmlybound unto the Cityand the
NOW, THEREFORE, we.
DOLLARS,
),said sum being not lessthan one hundred percent (100%) of the totalamount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,successors and assigns, jointlyand severally,firmlyby these presents.
in the sum of
($.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, ifthe Contractor, their or its heirs, executors, administrators,successors or assigns, shallin allthings stand to and abide by, and well and trulykeep and perform the covenants, conditions and agreements in the Contract Documents and any alterationthereof made as therein provided, on itspart, to be kept and performed at the time and in the manner thereinspecified,and in allrespects according to their intentand meaning; and shallfaithfullyfulfill allobligationsincludingthe one (1)year guarantee of allmaterialsand workmanship; and shallindemnify and save harmless the City,the Tenant, and theirrespectiveofficials,officers,employees, and authorized volunteers,as stipulatedinsaid Contract Documents, then this obligationshall become null and void; otherwise itshall be and remain in full force and effect.
As a part of the obligationsecured hereby and inadditionto the face amount specifiedtherefore, there shallbe included costs and reasonable expenses and fees includingreasonable attorney’s fees, incurredby Cityand the Tenant inenforcingsuch obligation.
As a condition precedent to the satisfactorycompletion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligationshall hold good for a HARBOR ISLAND COMMUNITY ASSOCIATION Page E-1
11-57
period of one (1) year afterthe acceptance of the work by City,during which time ifContractor shallfailto make full,complete, and satisfactoryrepairand replacements and totallyprotectthe Cityand the Tenant from loss ordamage resultingfrom or caused by defective materialsor faulty workmanship. The obligationsof Surety hereunder shallcontinue so long as any obligationof Contractor remains. Nothing herein shalllimitthe City’sor Tenant’s rightsor the Contractor or Surety’sobligationsunder the Contract,law or equity,including,but not limitedto,CaliforniaCode of Civil Procedure Section 337.15.
Whenever Contractor shallbe, and isdeclared by the City or the Tenant to be, in defaultunder the Contract Documents, the Surety shallremedy the defaultpursuant to the Contract Documents, or shallpromptly,at the City’sand Tenant’s option;
Take over and complete the Projectin accordance with all terms and conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder,the Surety and the City,and make availableas work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price,includingother costs and damages forwhich Surety may be liable.The term “balance of the contract price”as used in this paragraph shall mean the total amount payable to Contractor by the Cityunder the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offspursuant to the Contract Documents.
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficientfunds to pay the cost of completion of the Project,less the balance of the contract price,includingother costs and damages for which Surety may be liable.The term “balance of the contract price”as used in thisparagraph shallmean the totalamount payable to Contractor by the City under the Contract and any modificationthereto, lessany amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees thatthe Cityand the Tenant may rejectany contractor or subcontractor which may be proposed by Surety in fulfillmentof itsobligationsin the event of defaultby the Contractor.
I.
Surety shallnot utilizeContractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project ifthe City,when declaring the Contractor in default, notifiesSurety of the City’sobjectionto Contractor’sfurtherparticipationinthe completion of the Project.
The Surety, for value received, hereby stipulatesand agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shallinany way affectitsobligationson thisbond, and itdoes hereby waive notice of any such change, extension of time, alterationor additionto the terms of the Contract Documents or to the Project.
[Signatures on the followingpage]
HARBOR ISLAND COMMUNITY ASSOCIATION Page E-2
11-58
Name of Contractor (Principal) Authorized Signature/Title Name of Surety Attorney-in-Fact
Address of Surety Print Name and Title
(Corporate Seal)
Telephone
(Attach Attorney-in-FactCertificate)
The rate of premium on thisbond is
charges is$
(The above must be filledin by corporate attorney.)
per thousand. The totalamount of premium
Any claims under thisbond may be addressed to;
(Name and Address of Surety or
Agent forService inCalifornia)
APPROVED AS TO FORM;
CITY ATTORNEY’S OFFICE
Date:
By:
Aaron C. Harp
CityAttorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
HARBOR ISLAND COMMUNITY ASSOCIATION Page E-3
11-59
ACKNOWLEDGMENT
A notarypublic orotherofficercompletingthiscertificate
verifiesonly the identityof the individualwho signed the document to which this certificateis attached, and not the truthfulness,accuracy, or validityof thatdocument.
State of California
County of } ss.
, Notary
who proved to
me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the withininstrument and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity(ies),and thatby his/her/theirsignatures(s)on the instrument the person(s), or the entityupon behalf of which the person(s) acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws of the State of Californiathat theforegoing paragraph istrue and correct.
WITNESS my hand and officialseal.
before me.On ..20,
Public,personally appeared
(seal)Signature
ACKNOWLEDGMENT
A notarypublic orother officercompleting thiscertificate verifiesonly the identityof the individualwho signed the document to which this certificateis attached, and not the truthfulness,accuracy, or validityof that document.
State of California
County of } ss.
before me. , Notary
, proved to me on
On ..20.
Public,personally appeared
the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their authorized capacity(ies),and thatby his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalf of which the person(s) acted,executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws of the State of Californiathat the foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
(seal)Signature
Page E-4HARBOR ISLAND COMMUNITY ASSOCIATION
11-60
EXHIBIT F
MEMORANDUM OF LEASE
HARBOR ISLAND COMMUNITY ASSOCIATION Page F-1
11-61
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CityClerk’s Office
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
[Exempt from Recordation Fee - Govt. Code §§ 6103 & 27383]
MEMORANDUM OF LEASE AGREEMENT
This Memorandum of Lease Agreement (“Memorandum”) isdated , 202_, and is made between CITY OF NEWPORT BEACH a Californiamunicipal corporation and charter city(“Lessor” or “City”)and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation(“Lessee”),concerning the premises as depicted inAttachment “1,”attached hereto and by thisreference made a parthereof (“Premises”).
For good and adequate consideration.Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease 202_ (“Lease”), including without limitation
provisions prohibitingassignment, subleasing, and encumbering said leasehold without the express writtenconsent of Lessor in each instance,allas more specificallyset forth in said Lease, which said Lease isincorporated inthisMemorandum by thisreference. , 202_, and
(_) additionalsuccessive “Option Terms”
( ) years, on the same terms and conditionscontained inthe Lease as itmay be amended from time to time.
Agreement dated
( ) years, beginning
_,20 ,and
The term is
ending
of
This Memorandum is not a complete summary of the Lease.
Memorandum shall not be used in interpretingthe Lease’s provisions. In the event of conflictbetween this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself.
Provisions in this
Assessor’s Parcel Number;
[Signatures on the next page]
Page F-2HARBOR ISLAND COMMUNITY ASSOCIATION
11-62
LESSEE:LESSOR:
HARBOR ISLAND COMMUNITY
ASSOCIATION, a Californianonprofit,
common interestdevelopment association
corporation
Cityof Newport Beach,
a Californiamunicipal corporation and
charter city
Grace K. Leung
City Manager
Heather Madden
President
Michael Hayde
Treasurer
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
Aaron C. Harp
City Attorney
Lessee must sign in the presence of a notary pubiic
Attachments: Attachment 1 - Premises Depiction
HARBOR ISLAND COMMUNITY ASSOCIATION Page F-3
11-63
ATTACHMENT 1
PREMISES DEPICTION
Page F-4HARBOR ISLAND COMMUNITY ASSOCIATION
11-64
11-65
11-66
ACKNOWLEDGMENT
A notarypublicor otherofficercompletingthiscertificate
verifiesonlythe identity ofthe individualwho signed the document to which this certificateis attached, and not
the truthfulness,accuracy, or validityof thatdocument.
State of California
County of } ss.
20 before me,On
, who
proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalfofwhich the person(s)acted, executed the instrument.
Notary Public,personallyappeared
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
(seal)Signature
ACKNOWLEDGMENT
A notarypublicor otherofficercompletingthiscertificate
verifiesonlythe identity ofthe individualwho signed the document to which this certificateis attached, and not
the truthfulness,accuracy, or validityof thatdocument.
State of California
County of } ss.
before me.20On
Notary Public, personally appeared ,
proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies),and that by his/her/theirsignatures(s)on the instrument the person(s),or the entityupon behalfofwhich the person(s)acted, executed the instrument.
Icertifyunder PENALTY OF PERJURY under the laws ofthe State of Californiathatthe foregoing paragraph istrue and correct.
WITNESS my hand and officialseal.
(seal)Signature
Page F-5HARBOR ISLAND COMMUNITY ASSOCIATION
11-67