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HomeMy WebLinkAboutC-8882-1 - Lease Agreement for the Development, Operation, and Maintenance of Pickleball Courts Complex at Newport Ridge Parky 00 Go 1 U AMENDMENT NO. ONE TO LEASE AGREEMENT BY AND BETWEEN THE NEWPORT RIDGE COMMUNITY ASSOCIATION AND THE CITY OF NEWPORT BEACH FOR THE DEVELOPMENT, OPERATION, AND MAINTENANCE OF PICKLEBALL COURTS COMPLEX AT NEWPORT RIDGE PARK THIS AMENDMENT NO. ONE TO LEASE AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of May, 2024 ("Effective Date"), by and between the NEWPORT RIDGE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation ("NRCA"), and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"). NRCA and City are sometimes individually referred to herein as "Party" and collectively as the "Parties". RECITALS A. On May 24, 2023, NRCA and City entered into a Lease Agreement for the conversion of a portion of the Field on NRCA Property into a Pickleball Courts Complex, as those terms are defined therein ("Lease"). B. The Parties desire to enter into this Amendment No. One to incorporate the final design and maintenance obligations for the Outer Improvements pursuant to Section 1.2, amend the terms of the Sound Attenuation Measures in Section 5.5, and amend the terms of Payment of Taxes in Section 13.1 of the Lease. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. FINAL DESIGN OF PICKLEBALL COURTS COMPLEX As contemplated by Section 1.2 of the Lease, the Lease is hereby amended to include the final approved design and details for the Pickleball Courts Complex and the maintenance obligations for the Outer Improvements, which are attached hereto and incorporated herein by reference as "Exhibit C" and which shall entirely replace and supersede the existing Exhibit C. 2. MAINTENANCE OBLIGATIONS FOR THE OUTER IMPROVEMENTS The Maintenance Obligations and Schedule for the Outer Improvements are attached hereto and incorporated herein by reference as "Exhibit D." 3. OPERATION AND USE OF THE PICKLEBALL COURTS COMPLEX Section 4.4 of the Lease is amended in its entirety and replaced with the following: "4.4 Signage and Information. City may post signs, messaging and other information in the Pickleball Courts Complex that may include, but is not limited to, City's rules of conduct, public programming, and class schedule information. City shall submit for review and obtain approval from NRCA all signage posted at or near the Pickleball Courts Complex. City may clearly and legibly post signage that the Pickleball Courts Complex is open to the public and the City's contact information, including telephone number, email address and website, if applicable, for the public to contact for all maintenance inquiries or emergencies. NRCA may post NRCA information about the NRCA Courts, as preapproved in writing by City. All signage must be in compliance with the City's Municipal Code." 4. SOUND ATTENUATION MEASURES Section 5.5 of the Lease is amended in its entirety and replaced with the following: "5.5 Sound Attenuation Measures. The City may, in its discretion and at its sole expense, acquire, install, and construct sound attenuation measures. Thereafter, the ongoing maintenance and repair of the sound attenuation measures shall be the responsibility of each Party in accordance with that portion of the measures that are installed and constructed on or for the benefit of each Party's respective Courts." 5. PAYMENT OF TAXES Section 13.1 of the Lease is amended in its entirety and replaced with the following: "13.1 Payment of Taxes. NRCA shall pay directly to the appropriate taxing authorities all taxes applicable to this Lease, improvements, NRCA's Property, and the Pickleball Courts Complex, that are levied or assessed against NRCA during the Term. NRCA shall pay, before delinquency, all taxes, assessments, license fees and other charges ("Taxes") that are levied or assessed against the Pickleball Courts Complex or any personal property installed on the Pickleball Courts Complex. For the portion of property taxes attributable to or assessed upon the Pickleball Courts Complex, the City shall reimburse NRCA for City's pro-rata share of such property taxes imposed upon NRCA, which pro-rata share shall be based upon the area of the City Courts. However, the City shall no longer have any liability or responsibility for such pro-rata share of property taxes if: (a) NRCA sells, transfers, or assigns its interest in the NRCA Property, (b) there is otherwise a change in ownership of the NRCA Property, except as specifically permitted under Section 11, or (c) if NRCA takes any action which would change or modify its tax status." Amendment No. One to Lease Agreement Page 2 6. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Lease shall remain in full force and effect. In the event of a conflict between any term, provision, or condition of this Amendment No. One and any term, provision, or condition of the Lease, the terms, provisions, or conditions of the Lease will control. [SIGNATURES ON NEXT PAGE] Amendment No. One to Lease Agreement Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5.//1/2- By: bar C. rp MS t�Attorney Jl�/Zy ATTEST: Date: 5a1. By: AL)- Leilani I. Brown City Clerk Attachments: LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: By: ace .Leung 6"anager LESSEE: NEWPORT RIDGE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation Date: Signed in Counterpart By: Signe Keller President Date: Signed in Counterpart A -- Jamie Gruwell Treasurer [END OF SIGNATURES] Exhibit C — Final Design of Pickleball Courts Complex Exhibit D — Maintenance Obligations and Schedule for Outer Improvements Amendment No. One to Lease Agreement Page 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: LESSOR: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation and charter city Date: S��/ /2C/ Date: B By: Aar n ar fits Grace K. Leung Ci� Attornn ��'/2y City Manager ATTEST: LESSEE: NEWPORT RIDGE Date: COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation Date: 51 YZ,? 02 4/ Leilani I. Brown City Clerk Attachments: By: Signe K jer President Date0 Zo?OR 1'�: Ja ie Gruwell Tr asurer [END OF SIGNATURES] Exhibit C — Final Design of Pickleball Courts Complex Exhibit D — Maintenance Obligations and Schedule for Outer Improvements Amendment No. One to Lease Agreement Page 4 EXHIBIT C FINAL DESIGN OF PICKLEBALL COURTS COMPLEX Amendment No. One to Lease Agreement Page C-1 JONN WAYNE A� AIRPORTPO N OTY Of - GTY COn STA MESA UPPRNNEER ' Ye �. . NEIBMORi 1' UWMR9IN f'• 9('I 'r 1 f� )41FORa1 PUBLIC WORKS DEPARTMENT NEWPORT COAST PICKBALL COURTS PROJECT NO. 22P13 C-9018-1 VICINITY MAP NOT TO SCALE 1. ALL WORN DETAILED ON THESE PLANS TO BE PERFORNED UNDER CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE 'STANDARD SPEORLA BONS FOR PUBLIC WORKS CONSTRUCT--,, YOI5 EDITION AND SLPPLENENTS TO DAIS EXCEPT AS OTHERWISE STATED IN THE OTYS STANDARD SPECIAL PRON9ONS. OR IN THIS CONTRACTS SPECIAL PRO- 2. EMOTING UNOENGROUNO UoURES ARE SHOWN AS PER AVAUBLE RECGR05. THE —TOR SHALL BE RESPONSIBLE FOR VERIfANG THE ACTUAL LOCATION ANO ELEVATION IN THE RELD PRIOR TO BEONNING CCNSTRUONDN. D ALL EXPOSED CONCRETE SURFACES 9fALL CONFORM IN GRADE CIXOR. DIMENSION. AND RNISH TO ADJOINING INPROVENENTS. UNLESS NOTED OTHERWIW. A. CONTRACTOR SHALL AIXUST ON UTILITIES (W9. WATER VAULTS, WATER VALVES SEO, SURREY MONUMENTS, SEWER A' STORM DRAIN MANS) FRAMES AND 001- TD RMSHED GRADE PER CITY STANDARDS. ALL OTHER UTILITIES SHALL BE AOAJSTED TO GRADE BY Oo— S PROPOSED PAVEMENT AND CURB AND GUTTER SHALL JqN AND MATGf LINE AND GRADE of Em9nNG PROVENENTS UNLEA No- OTHERNTS£ I, ANY DISCREPANCY IN THE DRAWINGS OR SPEORCATIONS SHALL BE CALLED TO THE ATTENTION OF THE ENGNEER FAILURE TO DO SO WILL PLACE RESPONSIBILITY OF THE -MAE- FOR OVIECDON. J. NNY WORK NOT INDICTED ON THE DRAWINGS BUT CALLED FOP IN THE SPEDRCATIONS OR OE -VERSA SMALL BE FURNISHED AND PERFORMED AS MOUGL ­LLY INU-RED AND CALLED FOR IN BOTH. ANY WORK NOT INSTALLED ACCORDING TD DRAWINGS AND SP£CIRCDONS OR ORDINANCES AND LAWS SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. KEY NOTES: ❑l RmrEnRDuwRACFuxorm DEMOLITION NOTES: xExu nleRuwvEAAo4AM SFus oroPGBEaroc%W,Nrw rHEluursDiDEMG,TIaI RE4avf EAsnxc mEE GRwD rroor I r e¢OW GMx rNG CGW.RETE. wGIXItlIGANYRBNiOPGMFNr ttfGRAEMSE .RDDG E mREGWA EAR,RE EaB,HD AAO RFu.VEACAm GA1B TOAL'COMNronRxEWFNiRY ,O RENWEEXpiMOralW(-,RENRNmT MATALOGrpNroBEDE'RRNMEO wGgT9IXA'GTWNFANAmGPLwEPOR iuNRE CLtm¢CINW . FACEItln Aw ADlw¢AnOv. SI1EEN1RUOEGRPORREU3EOS" L3 gEMMF DHY G+R SECu9nYGY]tFAI APPROVED: DATE: CONSTRUCTION NOTES: DAVIDA WEBS, P.E, PUBLIC WOflKS OIflECTOR 30 Ne'mu[IFIfCmEWNtti9t¢nailEwWRBMw—nO lm SYMBOL ABBREVIATIONS LEGEND R9�1®ERMAW1RI�PDErAL1.=ff l (N AORTIDI T. ORRNBDOL -ROM I-12) APPROVED: DATE: IAHRN Ev®6rtewfAR(EAGELILMB@rl POWER POE A 1EW LMO-E AREA JAMES M. HOULIHAN, P.E. 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NECIOI A59"TANT DIY ENDNEER CITY OF NEWPORT BEACH P-5274-S BEFORE YOU DIG ASStINED ELENAnON 100.00 ON PONT B AT TGP or WOL MONUMDLT RIM. .. wniw aTw.an��A� ...,,,..J.�.�W�N, -.1. aPmToNS DATE: R —ION uD sEtuw swxDs DATE DAre PUBLIC WORKS DEPARTMENT — 1 of 19 rGis, I L�'til TABLE DETAIL SCALE NfS la 10, 6 GATES MID -COURT DETAIL SCALE MS PULL BOX DETAILS SCALE MS TRASH CAN DETAIL WA I fzH I-UUIV I AIN Ut I AIL SCALE NB SCALE M % s LLBD Pw OPAT -C N4LIPMgS HEAVT OIITV TENN.NISPICItLE6ALL PoBI'B MODEL IN"GRaUNO GALV IANIIBJOBLR EE�VEB O ED EOWL NET TIE —EREO MODEL ,I- SEE BLOCKOUT R.R.UNDANGiOR.MOGELBHAL GOV+N BUMP, MODEL —BEP ABEOONN ST PAP pEe]1 a00R FFROV ED EGDAL h DET- HEREON .- —SON WLLIAMB, GROUND ANCHOR OELkbit2GORAPPROVEDETERE GROUND BERSEEN NET_SIALL BE CENTERED PICKLEBALL COURT NET AND POST SCALE: NTS FENCE SECURITY HARDWARE DETAILS SCALE MS BENCH DETAIL SCALE NTS H-N NL6 GmTH F YMWCIQN®Pf AABLOOOs 4 � KOUt PFA IN 9MILNL E oeruaL� I I NG s-AB PERIMETER v DEFREP RN.RoI� ®,r��TTP w VERT eARs wTGn I-�-I � TTP SECTION ®� p M 3lATER50 LENE.—ING aoPoVEniTIL 622 13TGn WBB%MLB WntlNTOP BINCHE6,TYP NoiEts , BEEGENERALNO—AND6FECI%GATONSFORAOGL pN^G. $ i WV_BARS IB TOM NKETRY AROUND UEFOOTING. OnaHf ¢C MOUNG%EFGOTING. NB WRE S%wYRE1NF ' IasN MI�M �,GBNRBE000. m�® h ®IY-.H,TYP A EOIAMETERS. B%RAL REINF ATSI E. t15•HOOK DONGIT i W A B' TNLL HOOKED AROUNAND AT ENOB — D B- ti L B. POLE FOonNOBNOULDEXTENDAMNIMUMOF—NTO nE BEO- - T1P FENCE POLE FOOTING DETAIL SCALE MS SHADE CLOTH AND ATTACHMENT DETAILS SCALE MS POST BLOCK OUT DETAIL SCALE Nib SCALE TO BERORN. l r ______ J L ______ a PVC STORM DRAIN CONNECTION DETAIL SCALE MS C-9081-1 10' BLACK VBV14. COATED CHAIN LWK FENCE WRH WINDSCREEN 9:1"mre 8' BLACK VINYL COATED CHAN LINK FENCE PEDESTRIAN GATE SCALE MS I —I 116' TROMED JOINT I _L 114- C ,. V d CONSTRUCTION (TROWLED) JOINT DETAIL SCALE NIS X BLACK VINYL COATED CHAIN LINK FENCE SCALE Me X BLACK VINYL COATED CHAIN LINK FENCE PEDESTRIAN GATE SCALE, NTS 1nMnx 1IB'MPX SEALAM °T: e C .• • O T CORD OR ROPE FILLER EXPANSION JOINT DETAIL SCALE NIS SUBDRAIN DETAIL SCALBMS UCfION JDINt OEfNl55HE C. EACH WAY ,.,a1 NO�TEOONT.E PUN "a DETNL HEREON FENCE POST I —IN. � EEDROOH PFR DElNL SHEET] �� - PICKLEBALL COURT PERIMETER CURB DEMB SCAL&Me C-9081-1 IMITSOFGMMNGi GNYUGM PEP PUN 11-N RPENTm SECTION A A 8CALF NM YM�EG�N.,,, � YKaEG�s.>5•-as, SECTION B—B SCALSNM -ING S DM&K� SECTION C—C SCALE NI8 SECTION o-D BCAL& NI8 C-9081-1 1P 9IACN VINYLCOAT 1P EIACK VINYL COATE 1P ELACK VINYL COATED 1P8LACKVINYLCOATEO 10'DIACKVINYL COAT 1P BIACN VINYL COATEO PELACK VINYL COATED CHAIN LINK FENCE N ` CHAIN LINK FENCE WITH CHAIN LINK FENCE MATH CHAIN LINK FENCE KITH CHAIN LINK FENCE WITH CHAIN LINN PENCE WRH LHPIN LINK FENCE WITH WINIECREEN WINDSCREEN NANDJCREEN WINDSCREEN N—CREEN WiN0.5CREEN VAND]QiEEN 126 J ' ] S' 32' 3 ' 12 5' 3 T ] 5' J,t ` •rJ/P } CI..NY NNEf \ . / COURET NET PCPC�9=A9 VATHw� �PCC SIAEH PCC_WIT_ VI 1 1y • �PCC WALKWAY NTH OVERHEAD RCKLEBALL LONCrTUDINAL COURT SECTKNV save Mrs ------------- ------------- ------------- � �����,� ��r��� �■ gin■mod■ � ■■■rIM MirrI 1 ._, . / / / I /.I�����.I it f"i�i�/. /�,/r11.I II.I /./:■ ��_ i�P / I�i� ■-� r I'-/, I��� /-'* /ter S-�.■/ I I y1i. /,i 111 / •-��'1.�1 I..YCMEi�rl /�`w7.�■ ------------- C-9081-1 / MITS OF DEMOLITION - - - D Mq °°% LIMITS OF DEMOLITION .�f �(\\\�\\ IRON FENCE WI GATE �j i STORM GRAIN KEY NOTES: f [lj PROTECT ITEM IN PLACE AS NOTED DEMOLITION NOTES: 1 SIDEWALK i CLEAR AND GRUB WITHIN THE LIMITS OF DEMOUTION /// r 2 EXCAVATE,REMOVE, AND HAUL OFF EXISTING SOIL TO TOP OF BEDROCK WITHIN THE LIMITS OF DEMOLITION SEE SECTION ON SHEET REMOVE EXISTING TREE, GRIND ROOT 12' BELOW GRADE 4 REMOVE EXISTING CONCRETE, INCLUDING ANY REINFORCEMENT STORM DRAIN @ REMOVE AND SALVAGE EXISTING BLEACHERS, RETURN TO THE CITY AT A LOCATION TO BE DETERMINED 6 REMOVE EXISTING INLET AND CORRESPONDING PIPELINE E� 7 REMOVE INTERFERING PORTION OF EXISTING IRRIGATION CAP, RELOCATE AND REACTIVATE AS DIRECTED BY HOA Gr B REMOVE EXISTING BACKSTOP, CONCRETE AND FOUNDATION 3C3 g SAWCUT AND REMOVE AC AND CURB TO ACCOMMODATE NEW ENTRY EXISTING TRASH CAN, RETURN TO THE CITY AT A LOCATION TO BE DETERMINEDREMOVE IREMOVE EXISTING DRINKING FOUNTAIN AND CAP UNE FOR FUTURE CONNECTIONREMOVE EXISTING FENCE, FENCE POST, AND FOUNDATION, SAVE ENTRANCE GATE FOR REUSE ONSITE REMOVE EXISTING ELECTRICAL CONDUIT AND SAFE OFF WIRE FOR PROPOSED HOA GATE SECURITY SYSTEM C-9081-1 DEMOLITION PLAN NEWPORT COAST PICKLEBALL COURTS CITY OF NEWPORT BEACH P5274-S PUBLIC WORKS DEPARTMENT — 6 v 19 �Jt/_ / / J . •� LIMITS OF R \W G 33• • •\ (p� / 30 47 /• �. ` a 43 39 \d 41 / � � �- w. • � 42 � td � J LI� WORK 33 �� d+y. •/y�� a�� v 35 31 32 - 30 47 /, • , 4` 42 41 42 • �/ / td p 2z ,�, � � • • 36 et 36 \d �• ' � • db 35 3B 41 Ep5 N0 42 \d •a. {` 33 sotwnix,i:' 4 33 fi Ij'h \\ -� 3fi \d 31 42 3 36 41 \d °° \U. , a,� , , • r d 41 B4 42 `\I1 \ 30 .`1\,, \ • 35 a 36 41 \d 42 ' 4 • aD • • • • t u °fie \ CE P)+. ` \ 4z H Tz 3B q- D oasnxc ttx" IRON FENCE 6 1 a. \ F CS & KEY NOTES: �`` `1\ `�\\ �`;' •q PROTECT ITEM IN PLACE AS NOTED LIMITS OF WORK �\ \ �t\� �, s4 w G ' CONSTRUCTION NOTES: d �1 \ \� � •• • • b �� 30 CONSTRUCT fi'PCC SIDEWALK PER CITY OF NEVJPORT BEACH STANDARD N0. 130 Fslsr.wnrsaw uN \ 49 CONSTRUCT e'BLACK VINYL COATED CHAIN LINK FENCE PEDESTRIAN GATE PER DETAIL ON SHEETS O \\\ \�, •.,• a4 32 CONSTRUCT 3' BLACK VINYL COATED CHAIN LINK FENCE PEDESTRIAN GATE PER DETAIL ON SHEET e E Q�.. 33 CONSTRUCT IO' BLACK VINYL COATED CHAN LINK FENCE WITH WINDSCREEN PER DETAIL ON SHEET INSTALL GATE SECURITY HARDWARE PER DETAIL ON SHEET CONSTRUCT T BLACK VINYL COATED CHAN UNK FENCE PER DETAIL ON SHEET 1 IRON ENCE / CONSTRUCTSCOURT NET AND POSTS PER DETAIL ON SHEET INSTALL TRASH RECEPTACLE PER DETAIL ON SHEET 2, QUICK CRETE PRODUCTS CORP MODEL QR-CAL2832W OR ENGINEER APPROVED EQUAL INSTALL BENCHPERDETAIL ON SHEET 2, QUICK CRETE PRODUCTS CORP MODEL—ALBeB OR ENGINEER APPROVED EQUAL INSTALL TABLE PER DETAIL ON SHEET 2, QUICK CRETE PRODUCTS CORP MODEL OR-42FC3ADA OR ENGINEER APPROVED EQUAL ot�\Vy 4 40 INSTALL DRINKING FOUNTAIN PER DETAIL ON SHEET 2, MURDOCK MFG, MODEL GVJ16fRUt OR ENGINEER APPROVED EQUAL � 41 INSTALL SPORTMASTER(OR ENGINEER APPROVED EQUAL)COURT SURFACING WITHIN PICKLEBALL COURT SERVICE AREAS, COLOR SHALL BE BLUE o C t 42 INSTALL SPORTMASTER (OR ENGINEER APPROVED EQUAL) COURT SURFACING WITHIN NON -VOLLEY ZONES AND SIDELINES, COLOR SHALL BE LIGHT GREEN L 43 INSTALL SPORTMASTER(OR ENGINEER APPROVED EQUAL)COURT STRIPING, COLOR SHALL BE WHITE AND 2 WIDE 6� 47 INSTALL SHADE CLOTH OVER PCC WALKWAY PER DETAIL ON SHEET 2 1s 7 s 15 30 49 REINSTALL EXISTING IRON GATE IN NEW LOCATION AS SHOWN ON PLAN • - n 54 INSTALL IRON FENCING, FENCE POSTAND FOUNDATION, MATCH EXISTING C-9081-1 1 da -� i i ENTRANCE BLOW-UP sc ---r 1p ]S ]0 mW Ate! I b4�NM1 C-9081-1 14 0 HEESEGt ,\ SOaS\ON59 t, O 4 m Y� �� 1 ••.1 i 5. �---i--S-��'=- ' � .S�si_� . � 4 J �JY � IXlsfltl� tt w \11 , ,� ss --s ��%y•� ten,„�,-w/ y{ p CONSTRUCTION NOTES: ` - 5 CONSTRUCT5'PVCSCH.40AREA DRAIN PIPE AND BEDDING PER CITY OFNEWPORTBEACH STANDARD NO.106 CONSTRUCT I2'z1T'AREq GRAIN INLET(NDS 12120RENGINEER APPROVED EQUAL) PER DETAIL ON SHEET 52 q a 46 CONNECT PVC AREA OR SUBORAIN PIPE TO EXISTING I5'SD PER DETAIL ON SHEET 52 46 CONSTRUCT PVC PERFORATED SCH. 40 SUBDRAIN PIPE PER DETAIL ON SHEET a f 50 CONNECT TO EXISTING%%' WATERUNE AND EXTEND XX' PIPE TO NEW WATER FOUNTAIN —A51 CONSTRUCT SHUT OFF VALVE AND HAND HOLE PER DETAIL_ "xwsr,rvcrso �j ST CONSTRUCT 4' SLEEVE FOR FUTURE IRRIGATION AND/OR ELECTRICAL PURPOSES 1 53 CORE INTO EXISTING STORM DRAIN AND PROVIDE PIPE SEALANT WITH 12" DIAMETER PCC PACKING AROUND HOLE oumrvau wlV% 5S INSTALL PULLBOX AT SAFE OFF SECURITY SYSTEM AND EXTEND TO NEW SECURITY SYSTEM Sfi MOUNT GATE CONTROL BOX ON FENCE AT LOCATION TO BE COORDINATED WITH CITY AND COMMUNITY ASSOCIATION INSTALL I' CONDUIT ON FENCE FOR GATE CONTROL AT LOCATION TO BE COORDINATED WITH CITY AND COMMUNITY ASSOCIATION @@ 5OB EXTEND I- CONDUIT AND INSTALL GATE CONTROL AT LOCATION TO BE COORDINATED NTH CITY AND COMMUNITY ASSOCIATION ri n` 59 INSTALL(2)i'CONDUITS AROUND THE PERIMETER OF COURTS, INCLUDE PULL BOXES PER DETAIL ON SHEEP 2AT EVERY 50'ANO AT THE 6 CORNERS, LOCATIONS TO BE CONFIRMED BY THE CITY PRIOR TO INSTALLATION S ? S i s.0 �La i%SS C-9081-1 4 & vl�- cp O-A LEGEND C-9081-1 CONSTRUCTION JOINT PLAN NEWPORT COAST PICKLEBALL COURTS CITY OF NEWPORT BEACH P 27JS PUBLIC WORKS DEPARTMENT ID 9 1\ / LIMITS OF WORK 20 qp / a 20 LIMITS OF WORK N\ f CaKEY NOTES: rOPROTECT ITEM IN PLACE AS NOTED EROSION CONTROL NOTES: INSTALL GRAVEL BA BERM PER CASQA BMP HANDBOOK, DETAIL SE-6 INSTALL TEMPORARY STABIUZED CONSTRUCTION ENTRANCEIE)UT PER CASQA BMP HANDBOOK DETAIL TC-1 C-9081-1 EROSION CONTROL PLAN NEWPO T COAST PICKLEBALL COURTS CITY OF NEWPORT BEACH P-5274-S 0;/10 PUBLIC WORKS DEPARTMENT I. otp u r�a vownu r +, fit, •.,, m a lz �• . g p \ a f ^ ti. 0 �%� lB 9 2 WOLR C-9081-1 APPROXIMATE BEDROCK ELEVATION PLAN gNEWPORT COAST PICKLEBALL COURTS 1 aw wvs w�cmnv R �saan� a�u amain CITY OF NEWPORT BEACH PS274-S PUBLIC WORKS DEPARTMENT y�� 619 GENERAL NOTES 1. ALL WORK SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, STANDARD ENCROACHMENT CONDITIONS, SPECIAL REQUIREMENTS OFTHE CONSTRUCTION PERMIT, CALIFORNIA MUTCD AND THE WORK AREA TRAFFIC CONTROL HANDBOOK (WA.T.C.H MANUAL). WHENEVER SPECIAL REQUIREMENTS CONFLICT ON ANY SUBJECT MATTER, THE CITY ENGINEER OR HIS REPRESENTATIVE SHALL DETERMINE WHICH SPECIAL REQUIREMENT OR CODE WILL GOVERN. 2. THE CITY OF NEWPORT BEACH INSPECTION SERVICES DIVISION MUST BE NOTIFIED BEFORE STARTING ANY WORK THE CONTRACTOR SHALL REQUEST A PRE -JOB MEETING AND SUBMIT REQUIRED ITEMS AT LEASE 48 HOURS IN ADVANCE OF THE MEETING. THE CITY INSPECTOR, CONTRACTOR, LANDSCAPE ARCHITECT, ENGINEER, AND DEVELOPER'S REPRESENTATIVE SHALL BE PRESENT TO REVIEW GRADING, IRRIGATION, PLANTING AND RELATED ITEMS. 3. ALL INSPECTIONS SHALL BE MADE BY THE CITY INSPECTION SERVICES DIVISION. THE CONTRACTOR SHALL REQUEST INSPECTION AND DELIVER REQUIRED SUBMITTALS AT LEAST 48 HOURS IN ADVANCE OF THE TIME INSPECTION IS REQUIRED. NO ITEM SHALL BE COVERED OR ENCLOSED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE CITY INSPECTOR. EACH ITEM SHALL BE INSPECTED FOR CONFORMANCE TO THE PLANS AND SPECIFICATIONS. ANY SUBSTITUTIONS SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO INSTALLATION. INSTALLATION AND WARRANTY OF ANY APPROVED SUBSTITUTION SHALL BE CONTRACTOR'S RESPONSIBILITY. ANY CHANGES REQUIRED FOR INSTALLATION OF ANY APPROVED SUBSTITUTION MUST BE MADE TO THE SATISFACTION OF THE CITY. 4. THE CONTRACTOR SHALL MAINTAIN RECORD DRAWINGS ON THE JOB SITE AT ALL TIMES. HE SHALL RECORD ACCURATELY ON ONE SET OF RECORD DRAWINGS ALL CHANGES IN THE WORK CONSTITUTING DEPARTURES FROM THE ORIGINAL RECORD DRAWINGS. THE CHANGES AND DIMENSIONS SHALL BE RECORDED IN A LEGIBLE AND WORKMANLIKE MANNER TO TO THE SATISFACTION OF THE CITY INSPECTOR. DIMENSIONS SHALL BE FROM TWO PERMANENT POINTS OF REFERENCE (BUILDINGS, MONUMENTS, SIDEWALKS, CURBS, PAVEMENTS, ETC.) DATA TO BE SHOWN ON RECORD DRAWINGS SHALL BE RECORDED DAY TODAY AS THE PROJECT M BEING INSTALLED. 5. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATION AND TO PROTECT ALL EXISTING UNDERGROUND UTILITIES. THE CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (U.S.A.) 8D0/422Al33 AT LEAST 72 HOURS PRIOR TO ANY EXCAVATION TO LOCATE EXISTING UTIUTIES. 6. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY O.S.H.A. PERMITS. 7. AFTER COMPLETION OF ROUGH GRADING AND PRIOR TO SOIL PREPARATION, THE LANDSCAPE ARCHITECT SHALL PROVIDE THE TESTING OF PLANTING SOILS AND COMPOSTED ORGANIC HUMUS MATERIALS BY AN INDEPENDENT AGRONOMIC SOILS TESTING LABORATORY (MEMBER OF THE CALIFORNIA ASSOCIATION OF AGRICULTURAL LABS). REPRESENTATIVE SOIL SAMPLES SHALL BE TAKEN IN THE FIELD AND A WRITTEN REPORT SHALL BE PREPARED BY THE SOIL SCIENTIST AND SHALL INCLUDE RECOMMENDATIONS FOR SOIL AMENDMENTS, PREPLANT FERTILIZATION, PLANTING BACKFILL MIX, HYDROMULCH SLURRY, AND AUGER HOLE REQUIREMENTS, AND POST -MAINTENANCE FERTILIZATION PROGRAM. TEST RESULTS AND RECOMMENDATIONS SHALL BE APPROVED BY THE CITY ENGINEER PRIOR TO SOIL PREPARATION. 8. THE CONTRACTOR SHALL NOT STORE ANY EQUIPMENT OR MATERIALS ON THE STREET. 9. THE CONTRACTOR SHALL NOT STORE MATERIALS OR EQUIPMENT, PERMIT BURNING, OPERATE OR PARK EQUIPMENT UNDER THE BRANCHES OF ANY EXISTING TREE. THE CONTRACTOR SHALL PROVIDE FENCES OR OTHER BARRIERS AS NECESSARY AT THE DRIP LINE TO PROTECT EXISTING TREES FROM DAMAGE DURING CONSTRUCTION. i O.TREES SHALL BE PLANTED A MINIMUM DISTANCE OF: e. THREE FEET FROM ANY CITY MAINTENANCE LIMIT LINE. B. FOUR FEET FROM UTILITY INSTALLATIONS INCLUDING, BUT NOT LIMITED TO SEWERS, GAS, WATER LINES, METER VAULTS, CATCH BASINS, ETC. c. FOUR FEET FROM FIRE HYDRANTS d. TWENTY FEET FROM UGHTSTANDARDS e. TREE LIMBS MUST HAVE A CLEARANCE OF 14.5 FEET OVER STREETS, 8 FEET OVER BICYCLE TRAILS, AND 7 FEET OVER PEDESTRIAN -TRAVELED WAYS. 11.REVISIONS MADE ON THE PLANS AFTER APPROVAL BY THE CITY ENGINEER SHALL BE. APPROVED BY THE CITY ENGINEER AND SO NOTED ON THE TITLE SHEET TO IMPLEMENTATION IN THE FIELD. 12. NOTIFICATION OF NONCOMPLIANCE: IF, IN THE COURSE OF FULFILLING THEIR RESPONSIBILITY, THE DESIGN LANDSCAPE ARCHITECT FINDS THAT THE WORK IS NOT BEING DONE IN CONFORMANCE WITH THE APPROVED PLANS, THE DISCREPANCIES SHALL BE REPORTED IMMEDIATELY IN WRITING TO THE PERSON IN CHARGE OF THE WORKAND TO THE CITY INSPECTOR. RECOMMENDATIONS FOR CORRECTIVE MEASURES, IF NECESSARY, SHALL BE SUBMITTED TO THE CITY ENGINEER FOR APPROVAL. 13.THE DESIGN LANDSCAPE ARCHITECT SHALL PROVIDE A CERTIFICATE OF COMPLIANCE TO THE CITY INSPECTION SERVICES DIVISION PRIOR TO BEGINNING THE MAINTENANCE PERIOD. 14. ALL CONCRETE WORK SHOWN ON PLANS SHALL BE CONSTRUCTED WITH TYPE 5, SEVEN (7) SACK CEMENT UNLESS DEEMED UNNECESSARY BY THE SULPHATE CONTENT TESTS CONDUCTED BY THE SOILS ENGINEER AND APPROVED BY THE CITY. 15.PERMANENT POWER TO AUTOMATIC CONTROLLERS SHALL BE CONTINUOUS AND ESTABLISHED PRIOR TO THE BEGINNING OF THE MAINTENANCE PERIOD. MAINTENANCEO ALL LANDSCAPE AREAS FORA i fi.THE CONTRACTOR SHALL PROVIDE FULLLLDAPPROVAL. F MINIMUM OF 120 DAYS AFTER INITIAL FIELD APPROVAL. THE MAINTENANCE PERIOD SHALL COMMENCE ED PLANS NDWRITIEN APPROVALHE FROM ARE THE TED IN INSPECTION HASH THE APPROVED PLANS AND WRITTEN APPROVAL FROM THE CITY INSPECTION DIVISION HAS BEEN OBTAINED. PARTIAL ACCEPTANCE IMPROVEMENTS WITHIN THE SCOPE RK APPROVED PLANS WILL NOT BE AUTHORIZED WITHOUT APPROVAL BY THE CITY ENGINEER. WOGINEER.. NEWPORT COAST PICKLEBALL COURTS LANDSCAPE IMPROVEMENT PLANS OPERATOR / DEVELOPER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 PH: (949) 644-3311 MINIMUM INSPECTIONS REQUIRED BY PROJECT LANDSCAPE ARCHITECT A) IRRIGATION EQUIPMENT, WORKMANSHIP, AND COVERAGE TEST. S) FINAL IRRIGATION, APPROVAL TO BEGIN PLANTING. C) PLANT MATERIALS FOR TYPE, QUALITY PLACEMENT, SOIL PREPARATION. D) APPROVAL TO BEGIN MAINTENANCE PERIOD. E) FINAL, PRIOR TO ACCEPTANCE BY OWNER, AFTER 120-OAY MAINTENANCE PERIOD. THE OWNER SHALL NOTIFY THE CITY INSPECTOR AND THE IRVINE RANCH WATER DISTRICT INSPECTOR NOT LESS THAN 48 HOURS (2 WORKING DAYS) IN ADVANCE OF THE SE OBSERVATIONS. FILED REPORTS BY THE LANOSCAPEARCHITECTSHALLBE FORWARDED TO THE CITY INSPECTOR WITHIN ONE (1) WEEK OFTHE DATE OFTHE OBSERVATION. COMPUTERIZED IRRIGATION CONTROL SYSTEM SPECIFICATIONS 1. ALL MATERIALS FURNISHED AND INSTALLED SHALL BE NEW AND SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, CURRENT EDITION, AS ADOPTED BY THE CITY. 2. ALL MATERIALS EXCEPT INTERCONNECT CONDUCTORS SHALL HAVE A FIVE-YEAR WARRANTY. THE CONTRACTOR SHALL SUBMIT PROOF OF WARRANTY TO THE CITY INSPECTOR PRIOR TO THE START OF THE MAINTENANCE PERIOD. IT IS THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN THE NECESSARY WARRANTY INSPECTIONS FROM THE EQUIPMENT SUPPLIER. NO INSTALLATIONS WILL BE ACCEPTED WITHOUT PROOF OF WARRANTY. 3. ALL INCIDENTAL PARTS WHICH ARE NOT SHOWN ON THE PLANS OR SPECIFIED HEREIN AND ARE NECESSARY TO COMPLETE OR MODIFY THE EXISTING SYSTEMS SHALL BE FURNISHED AND INSTALLED AS THOUGH SUCH PARTS WERE SHOWN ON PLANS OR SPECIFIED. ALL SYSTEMS SHALL BE IN SATISFACTORY OPERATION AT THE TIME OF COMPLETION. 4. EXISTING INTERCONNECT SYSTEMS SHALL BE MAINTAINED IN EFFECTIVE OPERATION BY THE CONTRACTOR FOR THE DURATION OF THE WORK THE CONTRACTOR SHALL NOTIFY THE CITY INSPECTOR 49 HOURS PRIOR TO PERFORMING ANY WORK ON AN EXISTING SYSTEM. 5. THE CONTRACTOR SHALL COORDINATE WITH THE LOCAL PHONE COMPANY FOR CONNECTIONS TO THE TELEPHONE SERVICE AND/OR INSTALLATIONS OF CONDUIT TELEPHONE CONDUCTORS, JACKS, AND MODEMS AT THE LOCATIONS SHOWN ON THE DRAWINGS. MINOR CHANGES CAUSED BY ACTUAL SITE CONDITIONS SHALL BE MADE AT NO COST TO THE CITY. ALL CHANGES TO THE PLANS SHALL BE APPROVED BY THE CITY ENGINEER. 6. A FUNCTIONAL TEST FOR EACH NEW OR MODIFIED ELECTRICAL SYSTEM SHALL CONSIST OF NOT LESS THAN 5 DAYS OF CONTINUOUS, SATISFACTORY OPERATION. IF UNSATISFACTORY PERFORMANCE OF THE SYSTEM DEVELOPS, THE CONDITION SHALL BE CORRECTED AND THE TEST SHALL BE REPEATED UNTIL THE 5 DAYS OF CONTINUOUS SATISFACTORY OPERATION ARE OBTAINED. OWNER/FACILITY LANDSCAPE ARCHITECT CITY OF NEWPORT BEACH PUBLIC WORK DEP. CLARK AND GREEN ASSOCIATES 100 CIVIC CENTER DRIVE 15420 LAGUNA CANYON ROAD, SUITE 210 NEWPORT BEACH, CA 92660 IRVINE, CA. 9261E 1949)644.3321 (714K34-9003 CONTACT: TOM SANDEFUR P.E. CONTACT: KEVIN LANGE CIVIL ENGINEER: DMC ENGINEERING 18 TECHNOLOGY DRIVE, SUITE 100 IRVINE, CA. 92618 (949)753.9393 CONTACT: DEREK M.GREGOR SHEET T TITLE SHEET L-1.1 IRRIGATION PLAN L-2.1 IRRIGATION DETAILS S NOTES L-3.1 IRRIGATION SPECIFICATIONS L-4.1 SHRUB PLANTING PLAN L-5.1 PLANTING DETAILS 8 NOTES L-6.1 PLANTING SPECIFICATIONS VICINITY MAP PROJECT SITE I -•v(r pG1g418EFpyF,Ao 1811 G O V p�GCINGPPQ EOISON Llu� IRRIGATION SHEET NOTE LATERAL PIPE SWNG LEGEN Y r CONTRACTOR TO CONNECT NEW HEADS AND LATERAL TO EXISTING IRRIGATION LATERAL LINE CAPPED DURING DEMOLITION PROCESS. CONTACT OWNER REPRESENTATIVE FOR ANY DISCREPANCIES CONTRACTOR TO CONNECT NEW \ HEADS AND LATERAL TO EXISTING IRRIGATION LATERAL LINE CAPPED DURING DEMOLITION PROCESS. CONTACT -_ OWNER REPRESENTATIVE FOR ANY DISCREPANCIES / 000 sv�vvloi 00 � — CONTRACTOR TO LOCATE �v y 10 10 \--♦`�:�\a �\\•\\,\\• ISTING STUBFORNAE AND ADD IVES, QUICK s _ ya \\.\\� - �' COUPLER,AND DRIPIRRIGATIONAT SHRUB PLANTING AREA j CONTACT OWNER v •i .\�. _- -- a�<\,\ ;��`fcl CRREPRESENTATIVE WITH ANY DISCREPANCIES O I � '+ ' ♦ ,.. , \ \ •�-� � - - - ,m '; \ \, ,{Y �' , CONTRACTOR TO LOCATE EXISTING MAINLINE AND ADD y//-� \ \ - ♦- \ \ e r�.�' , \ NEW STUB FOR VALVES QUICK '� „♦ \, \ \, - _ - \ \ •./` ~\, COUPLER AND DRIP IRRIGATION 2 ; . - . \ = - = =♦\ \, 0 AT SHRUB PLANTING AREA. \ CONTACT OWNER REPRESENTATIVE WITH ANY ;' - - ��\ v` \ \ • 1 - 1 j l DISCREPANCIES cI> ♦ • _ — � •,�\\<*1,1� � I,'• P���, 1, IRRIGATION NOTE: LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR CONTRACTOR TO LOCATE MAKING ALL IRRIGATION CONNECTIONS TO EXISTING EXISTING MAINLINE AND ADO IRRIGATION SYSTEM. NEW IRRIGATION SHALL FUNCTION Y NEW STUB FOR VALVES, QUICK WITH EXISTING SYSTEM WITHOUT THE NEED FOR /I\ COUPLER, AND DRIP IRRIGATION ADDITIONAL IRRIGATION CONTROLLER OR EQUIPMENT. .. AT SHRUB PLANTING AREA CONTACT OWNER REPRESENTATIVE WITH ANY DISCREPANCIES 1 NORTH i -ram 5 1C 1tl .;.a :.!R t' o I .��mmmm ass® II Ilsll r.II QUICK COUPLER VALVE RIP TUBING LAYOUT (CENTER / END FEED) D PVC LATERAL PIPE TO DRIP TRANSITION SPRAY POP-UP - I W. i my�l M 9� 11 � �I111V1110■:� w W gg gE�a- Wfl aa8�m SECTION D]B10 IRRIGATION SYSTEMS 1.DtP SUMMARYL A Swllon lnau0es AulomaUc .pinta+lmpabon aytlemc antl cpnhda. B. PON. Sacbona 1.5.1on D2906LenawePlnp. C. Pe,m. Applybband..hh.q Ironies 1.D2 REFERENCES D. ASTM 1. B62A5-SenderdS htbhon In Cam ..P B.nae pr Otce MCMI Obtin pn P 11 0. Z xA-hid Pelnitind Sin „tllin,I., Rlpd Paly(Vlnyl Cnbntle)(PVC) Compound. And Chb(CPVC)-ph. s. 3. D 17BSAT-Slandild SIMPI-ton Ipr Poly (Vinyl CNAnde) (PVC) PMLLIc PIpe. &PIN In 20. 4. D 2242144-Sk-l! Sx Ifibb n for Filly NI.A Chl ld) (PVC) PI -In -Pal. PIpe (SOR-dad. E Nmowl Senneuon Foun..n (NSF) 1. Repdnmenm for Sed pin Approval. R Piet. PIP. Insulin. (PPI) 1. Rnommen0el.x in, hydoamhc dnoh WI. III, PVC p.. G. Se.am pi-... PUPA. Worts CDnatrudlAn, ea h.-I,- --i l 00i05-Ganerd Ph -Ph.. 1.P3 SUBMITTALS A PI...... n d-kht Ilan of mele.a propoma 1.... PI.Par. N.-nen melenel Ira uah. the I.Ilowno nlihil Dbuble sxce baw.en each Item REM NO, DESCRIPTION MANUFACTURER NODEL NO, a P, In. Ramb Dibb-N. F-d lnlb-n.n on a di bears antl..mint b, hh-of L.-ripe A1. D�ms .inn Pam 2 pa„ail pdnm d mkmnn, shin A. bUldmp mme.. Ind-Ik, al mmanne 1-1. d In. muAw,np name e. R.nn Pf lessors One t A ln v4AI 1. In.lnlervak. m Tne-hu d 20 volt wNnni endwmmpn Panp. P m1I l.heron-..I. b. AWpme 1 "P.l vdvn. e. PAinl of mhh-la water. I. GIP wNx. hh. . ome ro.bnPBalhed nulunpmenl. C. C.Valler Chan 1. P.exre Men Bier Prolad Recprtl DmWI"PI M1ne been APPI- by Lenexa AIChnem 2. P,Pwde2ronl.iler.naiads thin. A, Cnn ehdl be a,epl.utllpn al Ina Rewm Dnvnnpa, n Ne ePhla pa,lla Mnnp Ina cpnlldkr tlwr. II Photo t.uton ph In era r h1d, hen ludo, to Inmlmum axe Pwslde I. Ph in roil k0lblyty. III enan MdI. Win -P pnm III thb.dud• PlIr Mope., bb-na M. area Apre,.M Nal _h lel. c. P1oW in 2.hand for eats mnnpller. 3, l.mby area PIPwe.Pe al eAM nmmA mnhplyore,nanoadanntrelnmem b..PPhntm melel pnm,. down Pxrm. amiss.. d Awerax. IYT2-PRODUCTS PIPING AND FITTINGS ,P-.,..Po y Lnelrom nlnl al wnnxhon InrouPn beP... prevanlipn u, 1. Copper P". antl Flninps a. Plx: 1-K.m lempeb1, P . Flmnga. Vr 111PPFpb mlde11o1n1IVx. c. JPlle.hidl ba mld-d � bN11 wldel. 45 IF IN aNer, 15In, I . B.m piw anal) be 05 percenl r.mac b, ANSI Setlu chle 40 wh.d PIpe. b. F.nx Mall be blib- bmac, m,ewetl 125 pwnd ckn, E. P,-,e nPWV hoes 1-la hi nn and ameller.wnat.am AI hacbbw prevat.1 unit shall Inn ASTM O 1T05-llh t PVC. Pramure Nnea 2 Pl n e,d larger Nap be CIA. 315 PVC. l ewe o.a. w Pkamk ppiy uneMIn PP P.M... wUP N. pnoted : h emdnt.. itltnn.eoh MerNnps laenufy au PIP. and T.nx ek in. m9Awing bd.bbb min -Pi. P,AAAUhA hibnn L aee. e. NGF S.I.1 APAPrel -L I. IAMPD Seel PI Applml Dale pin ntrwipn. 2. Plpk (SPthb l Wilk Tynl Menuletlure hom vvpin polrylnyl cnbntle Cmpound In in.;a tk=SMen.nnp;000 pM.ASTMD - Clem 54.E 124(fo,ady Type I, Gran 1). -11119a. Sbndald welpnL ASTM DITBS Stools. unkm approved pinervnee by Landanpe A-UlP,till.,-lb. N.- PVC. e. Th- (bMem RIN-h!) lnlectlP�n mok. Npe. b. Thh-nd Elk: SMe PPIed. 4. 1hin ilNlppin-. SW..rd..ohL ASTM D 1Ta55chedute BG wlh.Ale. Nreadx u1....h.. PIpe. A. th-Pule 40 mink...I in tlne.ed.nmm�one. 3. FlnlM.lum pdvanaetl ¢crewed beaded malleable Iron. 3.Pmt.lxlrve .patron Two roam pin NApDen NG. SO Bnumedic. D. NIty lhiI L n. ne. ASTM w11h0 ekrni14u-(nlakedy T-a It. Grade 1) PVC reth phnn-rhea E Vbibk PIpe end InI nos 1. Gane.l. Interd Dray minor. ]. Th. Abi Risen antl NppbA. ASTM D 17053M.u1e w PVC. 3. Other Rln. antl FAh. ASTM D 17055ch.Ule 40 PVC, .Neil wild. F. SIPnx 1.4 lncnes antl emellar. ASTM D 1785 St.ule 40 PVC. 2 Larne, Inen 4lh.h. ASTMD1T04CIaee 124544:(I.,.y Type 1. Gr.A 2, CPA. 415) PVC. G. Conduit: ASTM D 1T85 Sch.ule 90 PVC. H. Id-h.bPn 1. Tape. Pdyurel.na Bed Ch.pind. ynt-hcolor min DlAM lane. 2.. nPh. by ill t Incnn Ipr3t lithin IDantl h for4 plot.cnamtler ID, at. manuladur. by ChylMys or spud.Inddlpurplerobbed lava Inreda,ed h b All-ons z A.M mnminupmag t..w1p Yave nnmbe, pn dam ¢aenpia plplell. 02 JOINT CEMENT AND PRIMER 4.Fdbmn9 app-W.ne,tWly-.nand belwean 2 lay.. p12-1 Pktc.neel, end 2 A.N.WI`Abare pkatc plea Phil flbbma Md be cemented uelng A IM xr.nl adwe¢.Neil, ueln0 vela. p Rmlmr Inbne.. bale In..r. S Lhen man. wMplhWd antl ePPI.bd prior to tlh-IN,Al nrlghb.h system. B.Presu.pleatl Ice nebnmB.M.11 be end. mina prlmar and men w;NelGD cement D. Chedtllet. P.wke a signed antl Pal.M.-Ala.-111pr ravine. Pl la d-Inn amhltea et. .-Match III I-ii,Al lie lark C. Pore phmm and PhNent shall W amik, ln.lnpecm A U d manufaclul. by ChnnW. or 1. Um Ina IPtlp I -Al Ilb"'spud. a. PUmkh Pelm., et. R nm.gWrm ode. 2.1MVALVES: IN ACCORDANCE WITH TYPE NOTED ON DRAWINGS P.MAAnal App-Ink A prw.byane.te. P P'-.LInk- J. 8y Phnom antl.b. .cola Dravnnn. Finn-byonedinn. a. Conhpller Lnen. Fb- by and dale. L Mab.. rend Equipment F-PUnd. RPP- by end.le. hn . SihninendE,,hpmAenl itibbibn rialto ay RumenAd nd bde. I. MAhumdun- Wennllx(1lrnulr.l. R-.. lay end Pale ).-Ph.-Anny. R•.n. by And Pink. k Lpwe pin Head.In Lawn Areec II mwmpele, w Gale. 2. PmvldP cabk0 and pall... on matins and numment Indell. Un., In. Sech.n. ]. Indudem,.snailam.g Phnlrad.. and equlpmenl manUbbnt.I shame, a..eac, end phone number. E.-.Mnxuellema FY.IM lie lallown0lApb sae xM1Pl Nie Wn.n. 1. Two min .1 My In, nth-Pm.n..-I. Phbmet end eat -t.Im enao.....mnel I..I. Two wrenched for dlnmembly end AAmmbly, or eguamenl. 01 bets Npn ephn-Mad us. In N1s 1nmMb.n rn hill. wch epnial Ise. 3. One-h. epnnbel My Ipr eery Q I-IIn retie box.- in lin.-tht.h.n. 4. Twig-1I.. "' ley for pate valor 5. Sk quick maple, NAyA and-bin.9 how waver.Ipr anh Npa of quid cnpling vWe. e. F., My l.W for I.. My haw bib. T. Enm Irvin -A'. Pn-lour (41 e.. heeds pin sets tye.dell.. F. Ted Re.n. Submltlnlrenn Alpibbill rdmp. G. In•Vudlona: Prpvltle melnl.N.-menxk PPUAPm. and P.m-11I.n. m owners m.minanm pnwhnbl. 2. nueknd-1-In d1. m,nPxm.p xrwnndm P�lialme ¢ -AA. And mapmm nP1pm•nL 1.0a QUALITY ASSURANCEPRu. 0. O.Illm.n.: Ihtleper Mep pe.epumly enpe0ed. antl neaelmin0. In Ne thin -inn PI mknl Ire-P¢Mama Phb-INHIenel l.n. S.. 1-ti tin, Ek.I.I vnnng, wntrd¢, main.., and d.h.. Men be UL b- end kb-, 1A5 DELNERY, STORAGE, AND HANOLING A Ehncise ore 1n nndlk0, Io.In0, unlmtllnp, end LLonng PVC p1x end iNlnpe. Plx dish. ben. -In Pwail.. wblM Pu.n la I...PIPd.inInPit"I".PIun...hdmp.rb- . I.ba Adem.dxdno d xy w.L Pipb then has been tlen nt.1.maxtl III be dbill tl. 1.Ofi WARRANTY A The W.d wry. In... by ins Ovine.' Rnn.....A far th-prance urn new PI the CA P-1. wrinen pn lain the Nbm nee bxh mmplebd IL m NA Owmen' PeplPAed.ve pd,bl.. lie Work nos bon rompld. and It. ready I., Pwepknw, P will.. sally 1. P. ovine,,.1. may accept In....pill. Work The 0ane.' Repemnmlrve Mp In 11. Pinnit-Ph l.ln....11. In. .1. linen Ina Work.. c.mpW.d. T111a w19 W Its dine Ah. Its CPn.tlol k min. Ism tepinel.nY I. p.bd in. Work Unlem Pb,elwree nol.lnle CAmmd dinwad Mel) be, I.m UP AVla C INIPI, xmneledl. Th menMlp onemelmldafora pemtld(t)yen. bpm lhe.lethe W.l. U co.PWF. Th. Cnl.tlo, Mill repine. any out ttedna worry Ina mnnne, mllelAcm In inns DVTen' . Cnh atrve, one, P. :l tlP m Ism Ina Owneri ReprannlelNe, antl wnNln Ina tlmekA U,. In ins nAl1.. n in. CPn.a.r lalla to male sum tepkcemenl A. lawn yildn b,a trine mepll.ln b,e nptice, ins owner they hello, Nle warh •nil1 cpm.apr, wlmn b.u. It.. m, in. pet coned. IV MAINTENANCE 2 Tne enure epnn. tin.-P n .m Map be under lull aubmellp :.Ph. In a pen. of T.y p., to nV pkII bill Ipr in. 10 aumlbn PI In. memtenel. Ph".. A Ek.. MabOAls PIMA mine he.e pin each lyx memlbd. A Gale-Nn ASTM 0 1 15UcwunannN.a.ArM(eam�rsl. m1n .bewail IPb0�n.n-pmm�pweevrerd bpiney, wlitl wetlpedlac P.vtewllhb,n-inn-L Nlbm,orapF-.equd. 0.9wno CM1mkVeln 2lnenn nb Smetler: 2W ppuntl W.O.G. bronze consWdlon w1N replawebk wmppwbn, neoprene, Pr wbbn des, conlonlnp FSWN-V-51 D. Clem A, Type IV. C.An-PValves. Hnv dutywroln PVC..n. udbn.thF.I.P.b,reallnlel.ndoWlel IN-W park Ml.be Mamiex-Aland-IPene. AnlWmin retie Mall be llet.lUdable axlml dawaul from 5 A 401eet pin hat. A -In retie MWl be cullertoPIP VAbenAM. Inaccok- .th lyx h.kd on dbhM x. D.On Cpuphn0VWn: In eroomen. will type not. on drewnOs. E Finh. P C-1 VeNx: In Ac.Id-min type nth. An J.hp F. VeNe BIA. 1. Non -Toms Type. Spepfl.bon node pkLLk ben wry Iwgnp cover. Csrmn Induao-ln ar appray. a.. Rlemde -UPI VAAM.� I Incnn) by tT?nhee by 13-1I91ncnmlM.d 1419-12. a Cobr x.ravnn0. Enh_ vale Mahon humhB. on lop pin.webs III Gde VeNea: 101nchn demePlAnint,ler by 10.114nit1hmn M.e1010.10. CalAr per tl.wn0. 1 T SO Pint. Ave, On. n. CA p1 T61r-0T-2420. Pwvlae P.11 Plbbnnknbb- G. VeNe Sk.A.. For m..ud c.hl.I vdvn, S dl-ki,, PVC pipe, Iendh A. nil.., P4 HEADS A SmallLavin EP11-1 Heeds: In ewPre.nPA w,l type nmed Pn D,aw,hP. B. Small Shrubbery Spiker H.I P•: In...bane In Npa noted on IXavnnp. C.Rotary Spnnber Heatl¢: Inewmdence ih NPenotedon Dmwnoa D. Trx lmoalp" Prwlae nxmhnn BBmd-n! An D.v.bh. I.abini, vents and lltlera. D5 TRICKLE DRIP EMITTERS AND EMITTER TUBING. A Eminar B.y. In Awnban. min lye, Ind bit on dmwinpe p,wltlelnlel Pero. Flow Nell be repukl. Nroupn a.IPhna lkppnd dbph.om in A bow pill, .11144nt. The miner en All youngpmerMpbntb .,.led now 10 ph-t pine.1 mFlP oven A WbAAL.-hint d 10 m 50 B. D1101ne: Pdylylene W .euatanl preaure wm.rmehnp, Inane emltler lubino. P,AAMhA hill8.5-6p pal Imu.a pal square loco). 1. Inu.1 tle i ...,.10,54 Into one.-ii. domain,.10.631n-. 2. Emltin n.no gel d i.a C. Tudng'. P.1,.IP Jena wre t.d..m 1lnecr, low denary, U-bli i nt malarial AA in --dual bt y Relnd In, as Ind.t. an N. d.wnp. 1. 1Omch wbing MWI nee, hale demnel P1 D.S nth Phil an all-Al-tnd13 -mt. z 1-1, wbl,g Mill n-an Inge. demner .10. 1-th antl An Bombe demeler d 0.22-mt. D.F-ii, Mated Ism W rnmlanl AM. Um FhhYIkM comphlb-11mng. . SACK LOW PREVENTION UNITS A-MI-Prerenter: In ammtlan.loth type holed on Drawhx. e. smlhe. In A«om.nm win trod 1p1. n wawnp¢ 107 AUTOMATIC CONTROLLER A. P-PA Nx antl me bb nAl. an D, 2.00 ELECTRICAL WIRING AND SERVICE A. Hgn Vdmpe 1. Elecbl.l n,. to lh-b. Phil 1. LAnnem.m between -1. 6vd h.14b aaAn,d laremmo,raIxwuntrd- NNicnhn•nMII1bem41 ocdhe wUnryikeinbbped wPaenaenl ro nigh In.kwkrwIgM polyelhyiene lnsulalion. 2.SpU..., where Pen.ell And bbwatPgp,P- uanP Ralnblyd, SnpTnb, SWIM nk NP. MN Conned.., pr IUBIeie near Mllnkludno. 3. Pllih three Mt bee blik-wbr for awn ronuoller. Comm, win e.tl be vmb. 3.G1 EltAMINATION A lark commence, A wnlerence MMI Pe held win Ulbwape AI Inullemenls o1 the Worry al Nc Secllon. 1. po nd IPP.h b.Pn :h wean bet PbLLwdpns, b.d.lureren 1. Vedy Ines grebino nee bon cp 0n. antl Ne-o1NdSMmnxnpoxrlyPh.- 2. E.arclm Ph - Ili, and wa.no xn.,.In, u hn- Be remo.de loin emaPhb u0l I.antl for damayn In Uuhit. -.1. Pnh. bye int.. ornxlecl CM1ecM eaMng UYbly Ommnnb.ipranon¢. C. N.Uhy Len.cxe A, khd 1. loon. PI Ph-9 mhbbons Nd ere not Mown, or Net Burin o-lm in Mown on Drpwlhp.. D, On nd P nd wth Wmrx umu dln.pbnd.s Are Aoneded.1.lamp nit. a,..pal.. 3.02 PREPARATION. A. Ley our eecn syslam using MAkIh9 methld es eph- by Lin-ibAkin. Mammh and PIMPIP aph-aid AWNlnp lay- Piping m nulpmenl anew--g-brit-ly on DmwhOB .Wass of ganllnp areas shall be lnamlletl Inutle plenllno araaa wbennn poewble. B. L ytAul minter ones and mats any minor adlubnents bqun. dlP lA diXeren.h between Pd sire mndnl.ne and the halloo. nngr eeludmanls 11All be me..med-II, in. P". t.Ipn Inlem In order I. wend cpnNcla between panlmp end ercnnaw.l IAelhree e. Prolnuon: aPdr�l o^Ne lndetl. worry antl melenels of olertredx men damage durmp miniboom .yam. AxmuAn .D3 TRENCHING AND -FILLING. A.-b totes In Ukaht llnx in Aq.-depin. F.- epprwed layout for set aydem. Bun..PI th-e.11in, mint. limn plpnP k AUpponed wNI.I. Udy.11111 nonprobe. B. P-Al mlmmum covempe as bilovn. 1. P"" "Ph" linos.: to 1nMx. 2. NorlgremWA IInn: 121ncnn. 3. CenPPI mine. IS 1- Pm..., pret.wl. wpply lmn. C. Prwae nor kin. Nan 4InMn deacon. -bin nbh bne and 11 bad Inns In- cka.nce D. wtwmn inn At thin been, PP.rmidin adra Pdb Ah D-. pinl n, Um m ea mdni k b p�em.b... h d dd end mdddb. E Tnl alleWems poor 1p becMWlnB. IIIna PNy inhilibilh. dIt.over 2Glad Iona pressure e"g,is repair. for Nel ndlon al lie nine Al lndeMllln. Upon cempiMlon of pinion lntlatlall., Ina enlira eydem Mall ba real.. F. Becttl MalenAl' Clnn, one p.nWer mebml, line of rgcM one atx. G. b-01 wih metenkd dwlce. b A Pry de.ly equal 1. adk.N pm., ire of doe, .p amens, hum,, or dim IrrnI,IiIh x. . CP.Mdb,n by t-same,-Moth n nor pb-nd. H. -der P.bp: 1. Bin-11 wM rend, on layer 6-PPI, -PIP. end one kyer 3In- Abwe PIpe. end ,mpacl in Wish. 95 percenl :m dbn uP19 ihn-11.I tamping PM.. SO In pkce, rep, and PrPA-loin plpinp Unde,-19 pnm.Inaall b- I l -Ing work 2..1 bdiplpllg u.ereyAk 1 bylaPbnp,1-h P,hy1PW InvN. CWbnp Arbrea.11 Pl atl'I. mnaele.nddbw. w;lpul AmM1nnY¢nproveL No nVd.ullcdwinB wll ba vermin. antler concrete ppinp. ]. Prpwae late mlmmum meal of 101ntea beMean by pin hind ana.nem.I eBprepale.m antl none Ub plpinpinlalled under aAil.b. concretep g. 3.041NSTALL4TION A. Plnec PIpe end thing. en. be InIh- In b.d.h. wtM1 mendeaureh Inanud.nc B. Intl. bit.-AAmmdlPA In •bIlb areas at mlmmum ne1Bh1 ands by WhAt code. C. Bmm Pin and FhUn p . Allibink. uPng Ten. mw Pppi. to male th.ada only. D. Pkalic PIpe and Thread. Fmbpe: Ae.mble uanp Tenon mpe eppll.lA male IMe.e Pnly. E.G ninhandMebl PIP. end Flmnx. Aanmda ualnp Talton inns eppll. Io male Nreeas only. .I below pmde,ril-vnth 2 were of ph t-meting. F. OUIM Cwplm9 Vnl As: Unlem pNelmm md.l., roars vdvn wiN1n 61p 12 Incnm pin ai etlpe d n.r..pe. G. alamVdvn end-HO VPNea Intletl wTem Inw.le pmenl lorneed d.lnepe. reelmgdom L a. Inaau wean rnnimall prn•m mwnxd amhape. I. _m I.IPlwembh Unit and Automatic P-11e.. VenN Iamb, w,thLa.ecace althea Inatall In accordance wnh in-n metre thin. -A. J. Spnntel Heeds 1. Shill, lead. mall be mebied a. h.bd on DMaano.. 2. Elevde lop hmd.In lawn areas lA a mlmmum.14 inch -I, -Bode, 3. Inskll ne.a done curbs, wart, antl PN level won pale In lawn areas I.d ne.e within 1D PAY. Me, hblbbbb nby I. owcer. 5. SM. ne.d. pe.ehd 1tPfn-god., oohs PIP-M, d,act. by LbIlw Ahk- K Remde -.1 VWx: I.ell vales 1n train or pound rover araaa wne.ver nmible, or wne.e 1, on D.-M Veben g,..pPd haler, allow el bM 121nme. P-tin-N.. thrall each comber valve In "..mine vale noes 3.D5 UTILITY SERVICES ad. aline . MI RING A Pkx mono In On nma 1- bill bIh.Q le nine IOW no ea Ina pressure -ply nix. amain Pih-in Apph-d. 1. Inatall wring IFoor I. mmn bne "Inn-, FbPM- 2. In mme Inen one wlre m pkc. In. bench, kpe.1. Inhaler A mmlmum I Ixl on omen S Prwlde a 1-1, es n Ah Inb a P.0 Pith-h antl dish-P men e, wltle e thcienl euknob, i l bell ape. th etlM veke banner Pbe b-oll 1.Ina e... -.A dNA NIPP. , C Un A.mininuous.re .liner and I-P, whPbI vale.. 1. Exwp ea oNerwse epptwetl Po nol"wre d my Pb- 2. Ann-" mlNet. Mdl be enao.ea In a hoe. D.11 wn. undo peen aloe nnhd be A.bnnAP., .ben Mau be bi-d Ib A. appra ad jlh-h be.. 3.07IlALVE BOXES A. A n VIINI, bb--I nave think- 3m'. 21Q' ne. heed .01n, bctn0 el bo., B. F. A.m undo.. wt mwmum at 1... 1-d 3144nw crash. grovel Belpre w.1s-NI 3.00 FIELD ink, CONTROL A Co 111.1"Illi 11 Npl11y L.APCAPA Archlled Ipr Ina fbil-9 renew+, won 40 noun mlmmum nt.. e. sWereeaurPe 'pp' m line ein-andastln lo. .ekyPhhd A ore odler lnemllahpn. nIn. lmmllab.n. e. Leb. rel Ilne end xnnber heed Ih-WPpn. I. Eml., IvbIrg Ana eminer 1nWllanon. o. Cwe.Pe-poor lv th-PI, vkh1119. e 7 days n0- for Flnd Rxlew. 3. PrP h-thcldke' nulpmem endor xrwnnel to melnleln wmmunlPhhon Irpm renew binnwn.- 4. PIMde upladak Prged Rewrtl -nit, Al set ravine.. A. In Ne wtl C,xdol.Is tar a laws. wiNaW up4o-0ale Prg. Rewrtl Dmwn0e, .1 wlloul p.nminp la eytlem Ipr inspewon, Cbhl--11 be Inwnibb br tmmbunmP eMotlWM AI Nle Clerpa thine¢Eyxn peidr Ne lmm�xnlence. N. later-1. w0 be B P.P, Tells 1.. -hind hnn.b. cpnVolvANee, gulch wupem, or any Pler retie -..I, uN4 e nIng pin plenum mein IIn.. A wmpleka And approved. 2.. nd bb-1111,thn mile In.. hxnmry P.I Peron nx bah Iw.-L txln, e. Appmvea. 3. P,wbe equlpmeht hnesnry le l.a eyleme, lntl.Inp br. plmp. 4. P.G, hydrotlahc Ixm In pennce pin the Alchh- 5. Ted ptenure wpply Imo under M1yrpLLellc Pleasure .11 . pound. m, ¢were Inch loin e pan. pin 2 n-, Unlns...-P. 11- by La.e.x A -It. 11 -Un;. C...In Flushing Anerxnnb Phnnpeeneneen skinniness end mnmcl., end poor I. Mben At w.bn-bit, th-1111 PP, a"'n rem a1. nbid.Iwabr. bAPPII ,PhP., heed. enm IIn. have been nuts. to Ina mndadmn AI In. A.ctect o. cAyempe rem. e.eoethine ener vP.hm., Mhi- k wmpkt., bW WA, 1. any P.htr In in the Am.ePL 2. Tesl eylem P,boon thin pknnn9 mea, ere warned ednualely and.11prmly. 3. MeM necessary abllinnih i, Ih.udlhP redlBnment pin heels, Io FIMae rumba. -bin, ai III, bb by-d-pe AnPh- 9. II n 1. mlherInn rye madecPit, P, have wM chenoas mlb e.t eAlpen At Ne vat of PhIP dlpn. MeM chanpn Ph.". nl plene0. 3.09 CLEANING' A Upon 1.I Ph GI In. want nbb-IIIPA. PhAbbA Io Inwed elnanons enP I.- "" aeon nil nnbmem b.m MP on1. n e bdaMn . d Ldw.ce Ali n- 3.10CEMMSTRATION Api Inelwchonb melnb.nw UPAPnnel 11 proper P 1.bPh of WLIPmbM ENDOFSECTION GENERAL PLANTING NOTES 1.HECONTRACTOR SHALL MAINTAIN A GMAURED SUPEFVW1 On �MYEtterOPS131AYBEABROIANi3�imCNNZLLrn ,—IUZT SSEF ,ETC.USm ONPRWZT"Io*LLSTAYONSITEINA ML MONIUMSULFATEP—)ATIMUNDS PEH1.0GSSGUMEO NEAT, CLEW AND ORDERLY MANNER UNTIL FINAL APPROVAL BY ' LANDECAPEARCHITECTAL.MATER OTHERTHMEOILORGAHC MATERIµS—DETHOR000HLYIRRGATEDINTOSOILS AMENDMENTS— BE DELIVERED IN UN OPENED BAGS. PACRING IMMEDIATEEYAFTERAPPUCATION. USTS vmIFY FURHSHm OUMrITIEs ANY EAC=DGPRSWOmTa SISAL REMOVED FROMJOBSITESHALLBE ANCE,APPLY—MUL—NO, DOWIP" PRIORTOTHSIRREMIVAI- MINIUMsuLF TEG1-oa)ATSLBSPER1,=WCNCEPMIUARMR 1HECONrRaLTORSHAU VER—PLANTMATERALOUANTITIEs AARA°AIR gHPLOTCNCIUM AMMONIUM NITRATE D'T- AT A OS PER PROP TD INSTALLATION. FLMT MATERIAL QUPN 1. LISTED FOR 000 SF IN AREAS WITH LOW SOIL AERATION CONVENIENCE °FLONTRACT°0. AC .NO...FSYMBOLS �BYPSDM AT 10 LBE PER 1,M SF MNUALLY ORAS NEE Om SHALL HAVE PRORTY OVER QUANTITY DESIGNATED (NO ADORIOnµ PERIOGEN,, PHOSPHROUS ANDPOTASSIUM AS NEEDED 113-t2-f7l aTBLBS COMPENSATION SHALL RE PROVIDED,, PER1'� SHE aNER 14. FOR ALL STARED TREES, SEE DETAIL S THISBHEET. ONMTREEESHRUBSMD MNEGINCLUDINGSEEDEDMD fS. GLIYEDREFS-OMIT SODDEDHRF. HYDROMULCHESANDFUTTm GROUNOCOVERS THE CO NTRZOR SH ALSOBERESPONSIBLEANDPAYFOR PLANTING IANn DETAILA� THISSAM. MATERALs; THE SPEGFIm GUNUNTEE OF µLPUNT 11 ATEME MATEIAII�.S.NTTHESTAHNGANOGUnnGOFHEESMD TIE �REAB SWEED xmilNn WEEDFREE CONORION CCVYIN0005 PRDimnON OFgLL PLANT MATERINS UPON TNDF ouR.vnON OF THE CONfMCT PERIOD. ARRIVAL AT TIES TE FOR HE A. UNDCO"S PLANTINCNS1µL BE aSSHOVM ON PLAN UNLESS to Sy ATE PLANTING PR TOTVA (ZITIMES THE gMETE90F FOR GOO ICIOTHERAMBE NOTED SEE ER—NTAIL I,SSHEET ROOGDTSALL AND I- .MESAS DEPTH. FILL BOTTOMOF PLANTING UNDCOVFR PLANTING. PIT WITH UNCOMPA NATIVE SOIL TO eRING LEY F1 To PROPER FISHING DEPTH. BACKFILL MOUND FOOTBALL W1H AMENDED ECTMao¢CCw—VIER PRIORTOIINnaLLATION. SOILFDRMBA%NON DOWMSLOPEUDEOFPLANTINGFITTO B_ THE HOLD MOISTURE WRHINTHE ROOT ZONE REMOVESASINSWDAYS LLRESELECTSOMD �OTTEDBYHE —PLANTING. O CaPETAVFCHIIMT OR OWNERS REPRESENTATIVE 'M. te. FluT wgrBaxG OFry or PUNTBD MATEaN w£TTHEHOOT 20NEBY Han W 0. NOT USED EEN WRTTED, THE SHOULD CONTROL THE MOISTURE FROM THAT 1. EDEOILAMENp EMSSPEaFIE0 FIXi d001NBONLY. HE PONT I. MEN SHNL µCANOE AND var BaTxiwnlNsaLS AcftorvOMr ETMusHMBNrMaxrEeuN PEaOOfSO DArs SOILS APPROVED LABORATORY MO ADCRIONµ RA ON SHILL PROVIDEWRAa50AY ESTABLISHMENT aNOa sPEGFlCAi ONSMAYBEFROVIDEDBYTHE IANDEGMEAFCHTEcr PRIOR AYMFI ANCEPERI00MTERTXEMPROVµ In YMRIN°OFTHE TO INSTALLATION OF PLANT MATERIALS. MY MODIFICATION TO THE BELOW INSr—TITON OF HEPROJECT. THE MAINTENANCE WALL BE PER THE S BE IN vmITING FROM HEOWNER OR LMOSCAPE gSOVENOTES MOTHEPROJECT IANDSWESPEGFICATIDxS. M amT1 AT HEDRECTION OFTHE MENOR LMDSCAPE MCHRELT, 21 TREE ROOT eMaERs NTRACTOR SHALLPROVIDEADOTIONµ SOIL5AGRONOMYTESIING, INSTNLTJEEP RO°T-(OR APPROVED EQUAL) MISS ROOT BARRIERS ON SO ILSAGRONOMYTEETINGSHALLBEPAIDMRBYTHE ADOTIONµ ALLTREESWTHN I -OF SIDEWALKS OR HARD SURFACES CHECK CGNTRACTORMDSHALL BE COLLECTED IN THE MANNER AS DERNEO IN MAN FACTURERSCALLULATORCHMTFONNUMBEROFPMELs HESPEGFICATIONS REQUIRED FOR EACH SIZE TREE AVALMLE FROM: DEEP ROOT PARTNERS. LP. III NNGTON ST IN SM FRMG SCO, CA Ba 100 OSCMEDON lESSHM B.t SUOPE,THE JM4—M, FAA-(M)ZTT-r9aS MFM55HALL BE UNIFORMLY BROADCAST AND HLY INCORPORATED BY MEANS OF A ROTOTILLER OR qLL PROWOECOLORED FLAGS FOR ALL SHRUB MISSES EGUALMADEPTHOF6'.RIPEOILEVINCHESOEEPIFTHESREHA6 TDBESPOTim BYLANDSCAPEMCHTTECT MIRTO E — C '- BEEN OVER IXCAVATED MD RECOMPARED, HAS BEEN COMPARED PLANTING, MR CED EDUANTItt OF OFF ENT COLORS SHALL BE FROM SITE CONSTRUCTION ACTIVITIES, ETC. MY AS:POV PROVIDED MPROPRATE LAYOUT CLMTIY. MNATION SHALL BE OVER IXCAVATED MO REMOVED FROM WESITE AMOUMNC�q E�WAM PNM NRT 0EDRI5. ETC, CONTRACTOR SSNALL PROVIOE Y LAYER OF FOREST FLOOR (1 -1AM LFATEGRE FEET S IN µL SHRUB PUNTING AREAS INCLUDING SLOPES MMONIUM 50LFATEGISO, SLBS N POTABBIUM BL). 1IjDEHE11Lt LAT�NO OMNLAC UNDTREEHUNKINTURFMEAE pOTB.,U-I f,H"eHGrt -TRIPLE SUPERPHOSPHATE Iw.50)-a LEE LH dMETEP GRCLEFROM HONK AATE( AAR.U_ BYPSIIM-NLRS of KEEPSCLP A AROONDBURFACE OF BARK B �+y 2Y '"^ TFR6HGRIL®FIT ZBAwc ORCMIIWILMENDMFOTEAA,W TS s IMIIEWFOH VM NOTMU—SURFACE°FROOTBALLs. TD SA SOIL ORGAMC MATTER ON AOFYv,EIGNTGISS AIUBLEMIM' PGUINAGAFERRMM COMPMY t �- tgLd, nAMAw Z' 3"TAIL EGFTN iSQAU. COMM LED°RGANICAMFRDMEMLL SHAADHERETOTHE PHONE IBIS, TBEBSSB, FAX Rae) IB&65Ta DISFINITION MR COMPOSTED ORGANIC AMENDMENT ON THI591EET. FlNITION OF COMPOSTEDOR ENDMMW—ED rYG F£t'OVE YO1PD AKC DATE M1ER PleNT� ANALYSISO AMENOMENrsNALLSE TO NGTNLATION OS[AFE ARCHITECT FOR REVIEW BEFORE OINOEESSTHANSM ANDNO MORE ITT FTHE-1111"AL BE BETWEEN 6 M0 RAKEORSCRATCHTHE ABOVEINTOSOILTOINCORPORTEMOWTHR &S HE PH ri pL,PNrtFO wnEg, S art+aGIm NATNE EOI THOU GHLTAFTERINSTALIATIDNOFMNTS. ALL MEMMETOBE SIE ATCONTENTSHLLBELITHANIO oHIXOTROUGHLYWAT9iEGaSUCH THAT SOILS AREWETTO A MINIMUM MwMHOICM 0 ZS DEGREES C On A SATURATED PASTE HOFITATLEAST NCEPIBORTO PLANTING. C. nRO sn1RATEDOO— LLTELE PER MIWON OR HEESMO5HR0Bs 6HKL BE NT(ACIPDSOLUNGLE ASH) SHALL BE EXCAVATED PER PLANT DETAILS THE BACKFILL W MR USE THAN 1E OTHEROOTBVLUALLTREESMOSXRUMSHALLCONSIST CALOUMCMBONATESHALLNOTSEPRESENTIFTO OF MI.LOYAMEME—I-APERC BICYARDOFBACKFIUL BE APPLIED ON ALKWNEED- uMEFEET TYPES OF ACCEPTABLE PRODUCTS ME COMPOST. "^KFl1�FLMMP✓G NOTES F L MON$UM SUUFFATTEEGHL 114LB MMUSES-.EDDM COMPOSTS, STRAW, ALFALFA MU SULFATE '""IOUR ETC.LOWINSµTSLow IN HSAW -TRIPLESUPFRPH°SP A 10ASaI- UB REEM M WEED SEEGB FREE OF ASµCULnJRµ GYPSUM. f.S LEE ENS AND WOOTHERDELETES MECONDOUS I MATERIALS. Ic SOIL AMENDMENT- ABOUT ISM BY VOLYMN. OEPr18LE� Vr OH0MJ5 MUSr BEPRE6 SUFFIGENTFORS-0-SOL°R°MICMATTERONAORY ACC FAIT} NEIGHY—S _I BASED PRODUCTS ARE NOT ACCEPTABLE VMICH INAll CASES, THERESIIµL BE POSITIVE ORAIruOEAWAY FROM REUDOEBMED AUTFA1µ5AREBASED C®O ACCEPTABLE. THE RDOr C—OFTHEPIANTMATERIN. J.eMmN:wHOGm XM-=I5IEss HAN x:t. B. TOPIANTING, ASMPLEBACKRUMODURESHALLBE KHECOMMSTSHNLBEMROMCVATHOUT CREATED UNDER THE OBSERVATION OF THE IMDSGAPE ARCHITECT MALODOROUS PRESENCE OF DECOMPOSITION E - B I SHRUB PLANTING DETAIL HIS MIJCNRESHALLBECOMETHE'CONTEIC PRODUCTS EACIGILL MDO SIIALL BEHSTED BY HEgPPROVm SOIL LABORATORY LTHEMWMUMPARTICLESMESHALLSED—CH.1. FOR ESrASIlSHNOTHE cONTAIL BADV Il LCOMMSITION. OR MORE SHALL PASS A NO. A SCREEN FOR SOIL HOOT HEPPOJECTDUMTION, AT ANTTIME,HE UNOscAPE AMmDING.HEMNUMUMPMTICLESIZERHALLSEBZS ARTCHITECT HROUGS,MKEHEACTUAL BACKFILL MIXTURES IMPLEMENTED INCH FOR HYDROSFEDING. ONHEFROIIECT AND RETESTTHESEBY THE APPROVED SOILS MAaMUMTDTµ PQRMSSIBIE PoLLUTPM LABORATDRYFORCOMPMISONVTHTHE-cOMROL-SMI—IFHE RATIONS INMEGILEMUNOMENT NPMTS PER SUBSECUENT BACKFRL MIMURES ARE NOT REASONABLY CONSISTENT IS ONADRY MN ME 513. RMINEO BY THE LANDSCAPE MCHISOT VATH THE CONTROL ARSE„IC .a SA HECONTRACTOR SHALL REMOVE µL PLANT MATERIAL AND MERNRY 10 —ENOD ORE-PLWY.IF MORE HMTHREE IB,SNMKES ARE NOT cAbaNUluM15o0 MOLYB muMm NASTENT—THECONTROLSUR ANµYSISTHE NICKEL 1. 4 }--r �oWUA a. /� S LVER 1ORMACTOR SHALL PAT FOR ALL FUTURE SAMPLES, gLEHUM10 IAS DAY A 11. DAYERnOZEB LEAD Zoo V.ANGU. Zoo I FORTYFIVE1a5)°AYSAFTER INSTALLATION gLLIANDECAPE ZINC S00 LLOVANI MONIu� suLFATEGf�aOl qT 5 POUNDS PER 100o SOUME MATERIALS SHALL BE THOROUGHLY IRRIGATED INTO SOILS IMMMATELY AFTER APPIICATON. rtvrtw mew xm SECTION 4T WALKO O O O Le�-rvou vmuuLrlPAae NT5 G I GENERAL PLANTING NOTES IDI - A I GROUND COVER / SHRUB SPACING A., PAN, 1. "d. .1. -4... D. .1 .1, s.wI I q- N.AN, NAAIN NNA.- A. 1. a1., N, ..,..A., Ame om G. ­N - NAIAN NN, .1 . N, GA_.. 1. ..-D, NA. A I A. AA m. AulY ovm In n P... Nm It. I,.. Wk NA,G==N.,..­G, N­NAI....NAI,N.I.,_,.. CAAM. 01.1 .1 P- T. ; "It-d"o NINE. -EN 1.02 REFERENCH I. t_ A 11 :.p,IHAII, e.tnu 10 1. .=:;dDa.,Gj.­AAN. NINI.I.. t. 2. P­D°ms­ I,AN,­g.­I ......... F. 1HAtIG l­d ­1 .. NHANd 1. D­ It AN .1..an ,b. ­.N. NT I.plecunax rgv D I., . I ­ ­'. A.I.. -A- ­ E..". .. ­GAII I.I.I.I..d.-ApItIN. AL A, ­=,, _ �=� - A .1 -M.-I ::­ IN. C.-t., I.. . A-. I COVED. IN. .1 ...1.. A-d ANA, 0_ .1, t...-d I... ...... p­­ N. A 'At. A, A 1-1 IN. ..., I . ...I 1... .1 ...... A an uu 1.-1nen .11.H w. .1 N, -.A ­ ...,..A IN ­1 A.. 91.G.. L. A.-L NN GNA- IIII PREPARATI e. 1­1 g­ ­1 ­d GAIn A. NNAAIP "Id, I I 1.4,­d - ­­d A A.119, A A 11 ­,NN_ 1. ­.. .11. I.A. lI �l ILDI ­0 QM- CONTROL enntmm ­d . .. " . . ...... I _g n to "N LN A, N­ •on LHA LINANG � All -I ..- . pl., H, IAIN .1 ANNA,­ Ot­ -,A .1 1.11 ­G COIT­ 2. AtmmPenu fl;mh P.­ A. n .4. . I- t A. IN­H I,, ­-, AIIII-I N, N. uti"NINtioa km 1. At 1. At I ' '. "" ­.. -H " ... Ambe. - " " p == ..1-d AN.t. .1 N. In A.mb ' ' '.'n. 1. F.Nft G,,,,Ntd t­t 11. L �­Il At I III ­T MA­NALl ­­d­ 0: AZ I AN'. A.. .1 NA NA1.N..NA.l,,A,Ad­IApD­II­..I NA I. I,,, I. In ­1­1 PINd 111. 1 ­d � d.tA,N N 1.1- GNNft+ N. t ft ­NHLtI ­ l IlIt.. Igh .1 It A pA,1 ILAg ..kftlhTN­ll A­,NAAA­.IGt­­AQl.1 NAA_g PN_ A _ =.NAN..l­--'­"'­"era III IN- NI..n.1dANA.­. A.U."t,"ANtAt. D.., IAAN H ;r 111. 11NAIN ImA N,I­ A INA Ob pPwNw nnmYmmmm NNI _IIen At. A. ­G, .1= .. H I TI,,N, 11 hAHN IRmowwmq NIM,; GeWeq N. NG., 1.N .1 Nn .1 ...... =GA, _A, I, I mee� il C=*11.".." A, -GID HAI.I. pAAA1­.d­).H..­­GMtt 1. 1.1 ID L P­RATION Wtl�P,=p*�AA cwrnmw v. AA._­AAl­m­.._I...­mnot A. ..A., AN ­ At,G, ...... ­­ on my DI ­ A, UALrZAX%U:tNCELA,,. IIIA CEIDDINEI B. IAB CLEANING. IItA_ W_ ,.qul.d N, .1 ­,, j.,, 1 THI. GA.I H.L. ....d .1 dG., ft ­d ALHAAw,,,.,,.ndp­ D. TI. N.1 . .. ....d on onwWN, 1. 1 Th�,.=% =,N."t C_G.L_..,...N_._.__, -Ng NIN"... G. =N.I., IN. . . .. A P.- A­p. C. G.YIN M.A.110 N, A-d. NNIM, IhAll NA 1­1 D-- M. 1.11 1EIN­ NIONAGE AND HANDLING H.NANlANGln­­­ld­V­,NlltpN.L 1. U­ A. A1 ...n... IA. G, ­ ­.F.E.­ _�I,P­ _.,* ­­­­ PINNlINA­tl,NN,,,,d­.dl%t, H., ANN In GN ....... G., .1 ­., A A, AHn ....Hd d =C. ZIN.1­01 ..ANd 1111 All= *11111 ­ G...NA, ILAIIII, -01 A,� ANNN. ttnA.I.. NIN Z.1-1 .,INAANd W -1. .1 L­­­dl­l,NtUAA9­dld.InprA ftN=q'=' _p PROJECT ­11­ allomo RNqNNM.., ..N_AAA ... bnWp nn ­g RAA,­ d.bl AN,, 2 I.N. It ....d t AAI ­ .1 NlN.N.V A ........ .... N. .­Nnt GAGAI, ­Gd •=.P4 A, ......... .emwnw ran pv<'•e nbnh on raw .1 "-:.-g= I h. IN .. & T­ .'It d ........ 1A. III NA, -NA, 1111 N.. ..A IN— ­nG, CA 92­33 914) 1­7 NA ­.. AI 1. Lt­­ A-1- 1. N=­ du,lr,,, I AAAGHNImom,vm Lam ,­ rmmmwwnt. At, -Al A p,.,, 11, 11N, I -A WARRANTY. ...I..d NAM hNI. raceme evudbnee. P% aura{ ve 1.1 1. ­NA­, .1 ANHI.... NAAA =1 A, m•W11 AAt1 corclnlon IGNy. N� .NI rowel A..oralnpmesa*,I A. AILN,G_ mAlfiNnnpolN menpnovve.om'°o..nn A,nnrpNil ­M IL NNAt'....•I., ..j- It AN, 4, _N. Amon ur.pawa Gwn., lnwme. .1 me nwewry Noise Control Help Line: 1-800-854-2948 M - F 8a.m. - 5... ACOUSTICAL I SURFACES, INC. (https://www.acousticalsurfaces.com) Home (https://www.acousticalsurfaces.com/) International Sales(https://www.acousticalsurfaces.com/distributors/asi-distributors.html) Who We Are (https://www.acousticalsurfaces.com/who_we_are/index.htm) Resources Blog (https://www.acousticaIsurfaces.com/blog/) Contact (//soundproofing.acousticalsurfaces.com/contact-us-acoustical-surfaces-inc) Careers (https://www.acousticalsurfaces.com/job-application/) Noise S.T.O.P. Soundproof Blanket https://www.acoustica lsu rfaces.com/wp-- content/uploads/bbc ext n.jpg). BBC-EXT-R-2 Noise Barrier/Sound Absorber Sound Blankets Looking for a single product that can effectively block noise transmission while also absorbing sound? Look no further than the BBC-EXT-R-2 sound absorbing blanket, which combines the benefits of a sound barrier blanket and an acoustic panel. This heavy-duty blanket is made with an exterior -grade, UV -resistant, quilted fiberglass sound absorber that's bonded to a reinforced, one -pound -per - square -foot loaded vinyl barrier, creating a powerful sound - blocking solution. The exterior -facing material is a 10 oz per sq yd vinyl -coated -polyester (VCP) that is quilted to the sound absorber, providing extra durability and soundproofing capabilities. Plus, our outdoor soundproofing panels feature grommets across the top and bottom, as well as exterior grade Velcro seals along the vertical edges, making installation quick and easy. Whether you're looking to dampen unwanted noise or create a soundproofed environment for recording or other activities, our sound absorbing blanket and curtains are the perfect solution for your acoustic needs. 1. STC = 33 2. NRC = J5 3. Facing Colors on Quilt: Gray, Tan, Black or White 4. Barrier Colors: Gray, Tan, Olive, or Blue Oh No! We are currently unavailable or offline. You can schedule a meeting with one of our specialis... Print Page Product Testing & Information Product Specifications CSI Specifications Installation Instructions Acoustical Tests s.t. o.p.-sou ndproof-blanket- access? 1554175213.1702923900). Testimonial: Exterior Chiller Enclosure Helps Homeowner Maintain Sanity! (/wp-content/uploads/Exterior Chiller Enclosure Rev.pdfl Acoustical Blanket Saves the Day by Reducing High Pitch Whiny Sound (/wp- content/uploads/Sound Blanket High Pitch Reduction Testimonial.pd. Product Specs MATERIAL Vinyl coated polyester facing on quilted fiberglass with 1 Ib/sgft reinforced mass loaded vinyl barrier FEATURES For effective and durable sound absorption, consider the quilted exterior sound absorbing blanket with mass loaded vinyl barrier option. Made from heavy-duty materials, these soundproofing blankets are designed to provide exceptional sound absorption and block out unwanted noise. Additionally, our sound blocking blankets are ideal for use as acoustic materials in a variety of settings, from recording studios to noisy factories. For added versatility, consider pairing our sound absorbing blankets with a soundproof curtain for even greater noise reduction and acoustic treatment capabilities. Whether you're looking to create a more peaceful and quiet environment or need to block out external noise, our acoustic blankets and materials are the perfect choice for your soundproofing needs. APPLICATIONS For applications that require maximum durability and noise reduction, our soundproofing curtain panels are the ideal solution. These modular panels are specifically designed for outdoor use, making them perfect for reducing outside noise pollution and blocking sound waves from entering your space. They're also versatile enough to be used as sliding acoustical doors, as a durable acoustical jacket on fans or valves, or even as a temporary noise barrier on outdoor construction projects. The quiet quilt material used in our curtains is specially engineered to provide superior sound dampening and noise reduction, creating a peaceful and quiet environment for activities such as recording studio work or other acoustic treatments. Whether you're looking to create a serene outdoor space or need to block out external noise, our soundproofing curtains are the perfect choice for your needs. WEIGHT 1.45 Ib/sf THICKNESS BBC-EXT-R: Nominal 1" BBC-EXT-R-2: Nominal 2" SIZES Standard Width: 54", Lengths as required up to 25' COLORS Facing Colors on Quilt - Gray, Tan, Black or White Barrier Colors - Gray, Tan, or Blue TEMPERATURE RANGE -20°F to +180°F Click on Images to Enlarge WHITE GRAY TAN {. t Facing Color Options Facing Color Options Barrier Color Options Front Back (hops://www.acousticaIsurfbaMc/dm6 mpacousticaIsurfbtMww►6WcousticaIsurfbt4mddm(WcousticaIsurfbt4mgMmhm WcousticaIsurfao content/uploads/sound bIm1owftO12plj}uds/AS Quilted'mbaatdubitedWsCaki-sbii loadt/BBC- content/uploads/BBC- EXT-R-1-Front.ipg) EXT-R-1-Back.ipg). Before After Installation Noise S.T.O.P. Soundproof Noise S.T.O.P. Soundproof (https://www.acousticalsur(bt�mc/d cousticalsurtbt4mMmSm mcousticalsurfaces.colti t Blanket Installation content/uploads/AS QuiltedfmtKiabubideda(ffiae@-BZ ijot/uploads/AS Quilt dUwEmUeaamufti+emtgp c/dm of acousticalsurfac, content/uploads/AS ExteriaonmOu"hrjld3/A6eiQWhaAQ Noise S.T.O.P. Soundproof Grommet Close Up= Soundproof Blanket Soundproof Blanket Soundproof Blanket Blanket Installation Dimensions(bttps://www.acousticalsurfbt"mc/dm6pnpacousticalsurfbt4mWvrdmqacousticalsurfac, (https://www.acousticalsurfbttMc/dM&Wcousticalsuritadeobfm ds/AS QuiltedMudEiWuoHdpoh3iCailMeQkZlAjgDfhB<' ids/pic 2- content/uploads/AS ExteriaorCeiiitWoEkzh✓► fhl@yaBtWurtain UpQ se grommet.ipg) 1.jpg) Soundproof Blanket (https://www.acoustica Isu rfaces.com/wp- content/uploads/Pic 3.jpg) Sound Blanket - Sound Transmission Loss - ASTM E90 & E 413 Frequency 125Hz 250Hz 500Hz 1KHz 2KHz 4KHz STC BBC-EXT-R-2 14 20 32 41 42 41 33 Sound Blanket - Sound Absorption Performance - ASTM C423 Frequency 125Hz 250Hz 500Hz 1KHz 2KHz 4KHz NRC BBC-EXT-R-2 .45 .96 .87 .66 .47 .28 .75 Downloads 1. Steel Installation Guide (//www.acousticalsurfaces.com/curtan stop/pdf/ext steel install.pdf), 2. Fence Installation Guide (//www.acousticalsurfaces.com/curtan stop/pdf/ext fence install.p .. Additional Resources Creating Better -Sounding Rooms atnUs You M* -go eng RO"15 ssk+mr+ Download eBook Solutions to Common Noise Problems WAM NC CommodN°M problems Download eBook CAD, CSI, & Revit Library Access Product Cad Files (//soundproofing. a cousticalsurfaces.com/common- (//soundproofing.acousticalsurfaces.corn/dowise-problems-ebook) (//soundproofing.acousticalsurfaces.com/access• our-ebook-creating-better-sounding_ our-cad-csi-revit-libra ry.). rooms -is -easier -than -you -think), © 2023 Acoustical Surfaces, Inc. - All Rights Reserved. 123 Columbia Court North • Suite 201 • Chaska, MN 55318 • Tel: (952)-448-5300 Fax: (952)-448-2613 • 1-(800)-854-2948 • Email: sales@acousticalsurfaces.com (mailto:sales@acousticalsurfaces.com) Noise Control Help Line: 1-800-854-2948 Website managed by WiRe Innovation (https://www.wireinnovation.com/) I About Us (https://www.acousticalsurfaces.com/who-we-are/index.htm) Terms of Service (https://www.acousticalsurfaces.com/terms-of-service) I Privacy Policy (https://www.acousticalsurfaces.com/privacy-policy) I Sitemap (https://www.acousticalsurfaces.com/sitemap) EXHIBIT D MAINTENANCE OBLIGATIONS AND SCHEDULE FOR OUTER IMPROVEMENTS City shall, at its sole cost and expense, maintain the Outer Improvements in strict accordance with the terms and conditions as set forth under this Lease Agreement, including, but not limited to, the following: 1. MAINTENANCE OBLIGATIONS 1.1. General Maintenance. General maintenance shall include but is not limited to hardscape (including pavers) and landscape maintenance, management and maintenance of common area outdoor furniture, patio covers, water features and elements, lighting, signage, trees, shrubbery, groundcovers, turf grass and ornamental grasses, and aesthetic appearances. Maintenance obligations include routine cleaning, restoration, and repair of the items listed in the Maintenance Schedule section herein, as well as proper cultivation, mowing, trimming, weed and pest control, and proper soil amendments (mulch, fertilizer, etc.) as applicable and specified. 1.2. Frequency. Frequency of maintenance is included but not limited to, the terms set forth under the "Schedule" section herein. City shall retain final authority to control the required frequency of any and all landscape maintenance. 1.3. Benches and Tables. City shall install, maintain and replace all benches and picnic tables, as necessary, to maintain safe and good working conditions. 1.4. Water Fountains and Water Features. City shall install, maintain and replace, all water fountains and water features, as necessary, to maintain safe and good working conditions. 1.5. Shade Structures, Sail cloths, and Picnic Table Umbrellas. City shall install, maintain and replace, all shade structures, sail cloths, and/or picnic table umbrellas, as necessary, to maintain safe and good working conditions. 1.6. Lighting. City shall replace all light bulbs and maintain, in safe and good working conditions, all light fixtures. 2. MAINTENANCE SCHEDULE 2.1. General Maintenance 2.1.1. Complete policing of all areas once a week with general repairs of lighting and signage, as well as sweeping/blowing of parking spaces, sidewalks, furniture, hardscape elements, etc., as well as removal of all trash, waste and litter. Amendment No. One to Lease Agreement Page D-1 2.1.2. On a quarterly basis, City will clean all drainage inlets, catch basins, concrete swales and drainage channels of debris, plant vegetation and trash, as needed. 2.2. Sprinkler Maintenance. 2.2.1. Sprinkler heads shall be cleaned and maintained as required to provide maximum coverage. 2.2.2. City shall repair and/or replace damage to the irrigation system within a reasonable amount of time after discovery. 2.2.3. City shall program irrigation timers to provide efficient watering based on seasonal conditions and plant requirements. 2.3. Tree and Shrub Maintenance. 2.3.1. Complete trimming, edging and weeding of all shrub beds to produce a neat and healthy appearance in accordance with horticultural standards. Prune plant materials by thinning and shaping to achieve a natural appearance. Hard pruning, as well as "lollipop" and "ball" shaped pruning of shrubs shall not be performed unless required to allow for passage, visibility, or to maintain plant material to a desired shape/pattern. In most cases, natural pruning will be performed on shrubs to encourage shrub massing and the natural shape of the plant material to occur. Death or decline of plant materials due to improper maintenance is the responsibility of City. Any plant materials, trees, and shrubs that must be replaced due to decline or death will be replaced with the same type and size of the materials, or as indicated in the approved construction plans. 2.3.2. Tree and shrub trimming will be performed by City or its Contractor as needed on trees and shrubs that are less than fifteen (15) feet in total height. For trees and shrubs over fifteen (15) feet in total, the work will be bid out to a tree specialist. Trees which have normal growing habits of greater than (15) feet will not be topped to be kept under the (15) foot allowance. 2.3.3. Trees and shrubs growing next to walkways, paths, driveways, parking areas, etc., shall be trimmed up to a height of 7 (seven) feet to allow for unobstructed movement by pedestrians and vehicles. 2.3.4. Tree ties shall be inspected regularly. Fertilize all shrub areas four (4) times per year. Fertilizer type will be based on seasonal conditions and plant type. Soil samples may be taken, upon approval by City, to determine soil type and deficiencies. 2.4. Ground Cover Maintenance. 2.4.1. Complete weeding, trimming and edging of all ground covers as needed. Amendment No. One to Lease Agreement Page D-2 2.4.2. All ground covers shall be kept trimmed or removed away from water basins or drip line areas of individual trees as needed. 2.4.3. Fertilize all ground cover areas (4) times per year. Fertilizer type will be based on seasonal conditions and plant type. Soil samples may be taken, upon approval by City, to determine soil type and deficiencies. 2.5. Integrated Pest Management. 2.5.1. Licensed Pest Control Applicator. All herbicides, miticides, insecticides, fungicides and other pesticides which are used by the NRCA in performing its obligations must be applied by a licensed pest control operator or a licensed maintenance gardener in compliance with all applicable laws, rules and regulations. 2.5.2. City or its contractor shall take reasonable steps necessary to maintain landscaped areas essentially free of harmful horticultural insects and disease infestations as customarily occur in the vicinity of the project and as preventable by application of available permissible and commercially acceptable chemicals. The approach taken toward plant pest and disease problems will be one of integrated pest management ("IPM"). This may include a combination of control methods, including biological controls, cultural controls, physical controls and use of resistant plant varieties, as well as chemical controls. Plant pest and disease control will be conducted where pest and disease problems cause a landscape area to fall below NRCA's or its authorized agent's quality expectation levels. 2.5.3. NRCA agrees to treat all shrubs and trees under 15 feet in total height and other plants with proper amounts of commercially acceptable materials to control mites, insects, mollusks, and other pests and diseases that are susceptible to standard IPM treatments. A tree specialist will handle spraying trees over 15 feet in total height. 2.6. Weed Control. 2.6.1. City is responsible to keep all landscaped areas located on the Outer Improvements maintained essentially free of noxious weeds prior to the time that such weeds go to seed, weather and soil conditions permitting. 2.6.2. Certain undesirable noxious weeds, including but not limited to bermuda, oxalis, nut grass, kikuya grass and others may not be susceptible to chemical or manual control, and to that extent, City shall only be responsible to take such necessary action as is the custom and practice of the landscape maintenance industry for job sites similar to this project. 2.7. Extra Work. Amendment No. One to Lease Agreement Page D-3 2.7.1. City will be available for after-hours emergency calls. Emergency calls shall be defined as calls relating to irrigation issues or fallen trees. 2.7.2. City or its or vendors will be available for storm related items (i.e. sand bagging, slope protection, etc.). Amendment No. One to Lease Agreement Page D-4 i 'N 00 LEASE AGREEMENT BY AND BETWEEN CID THE NEWPORT RIDGE COMMUNITY ASSOCIATION w AND THE CITY OF NEWPORT BEACH FOR THE DEVELOPMENT, OPERATION, AND MAINTENANCE OF PICKLEBALL COURTS COMPLEX AT NEWPORT RIDGE PARK THIS LEASE AGREEMENT ("Lease") is made and entered into this 2 `i day of MAI , 2022 ("Effective Date") between the NEWPORT RIDGE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation ("NRCA"), and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"). City and NRCA are collectively referred to as "Parties" herein. RECITALS This Lease is made with reference to the following facts: A. NRCA owns and operates that certain real property and improvements consisting of a community park with a playground area, restroom facilities, outdoor seating, walking paths and sidewalks, landscaping, parking lot, outdoor lighting, tennis courts, basketball courts, and baseball field, commonly referred to as the Newport Ridge Park located at 6331 Newport Ridge Drive E, Newport Coast, CA 92657, Assessor's Parcel Number461-152-13 ("NRCA Property"). The NRCA Property is more particularly depicted in the attached Exhibit "A", which is incorporated herein by reference. B. City owns that certain real property and improvements adjacent to NRCA Property, consisting of a public community center building, parking lot, landscaping and outdoor lighting, commonly referred to as Newport Coast Community Center located at 6401 San Joaquin Hills Road, Newport Coast, CA 92657, Assessor's Parcel Number461-152-12 ("City Property"). The City Property is more particularly depicted in the attached Exhibit "B", which is incorporated herein by reference. C. The Parties desire to convert a portion of the baseball field ("Field") on NRCA Property into pickleball courts ("Pickleball Courts Complex") for the use and enjoyment by NRCA and City under the terms and conditions explicitly set forth under this Lease. The Pickleball Courts Complex will comprise eight (8) pickleball courts ("Courts") and their surrounding improvements, which may consist of sidewalks, benches, picnic tables, water fountains, shade mechanisms, landscaping and/or hardscape ("Outer Improvements"). The Courts will be allocated between City and NRCA, with six (6) pickleball courts designated for City's use ("City Courts") and two (2) pickleball courts designated for NRCA's exclusive use ("NRCA Courts"). D. This Lease sets forth the terms and conditions for the development, construction, operation, and maintenance of the Pickleball Courts Complex. AGREEMENT NOW THEREFORE, the Parties agree that: AGREEMENT TO LEASE 1.1 Purpose of Lease. NRCA hereby grants access and right of entry to the Field to City to design, develop, construct and install, at City's sole cost and expense, the Pickleball Courts Complex. City desires to lease from NRCA and NRCA desires to lease to City that portion of the Field on which the Pickleball Courts Complex will be constructed, as will be more fully described and depicted in amended exhibits to this Lease. 1.2 Lease Amendment to Incorporate Final Design. The Parties understand that the final design and details for the Pickleball Courts Complex, including the final location and layout of NRCA Courts and City Courts, do not exist at the time of execution of this Lease and that the document(s) will be adopted later. The Parties expressly intend, and hereby agree, to timely amend this Lease to incorporate the final approved design and details for the Pickleball Courts Complex and the maintenance obligations for the Outer Improvements. Notwithstanding the following, the approximate design, location and layout of the Pickleball Courts Complex is depicted in the attached Exhibit "C", which is incorporated herein by reference. 1.3 Net Lease. This Lease is a net lease, pursuant to which City has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities, repairs or other costs or obligations associated with NRCA Property or the Field, except as expressly stated herein. 1.4 Termination of Prior Lease(s). NRCA affirmatively represents that: (a) to the best of its knowledge, no other person/entity has any interest, whether by lease or otherwise, in the Field; and (b) the person(s) executing this Lease have the authority to bind NRCA and be bound by the terms herein. Upon the Effective Date of this Lease, any lease(s) between City and NRCA or any other party covering the Field shall automatically terminate and be of no further effect. NRCA shall execute and record any document(s) that may be required to evidence the termination of any prior lease(s) covering the Field. City shall owe no compensation to NRCA or any other party for the termination of a lease under this Section. NRCA shall indemnify and hold City harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the representations made in this Section are false. 2. TERM 2.1 Initial Term. NRCA hereby leases to City the property described in Section 1.1. above, for the purposes described herein this Lease, and subject to the terms and NEWPORT RIDGE COMMUNITY ASSOCIATION Page 2 conditions herein contained, for an initial term of thirty (30) years beginning on the Effective Date ("Initial Term"). 2.2 Option to Extend. Provided City is in full compliance with the terms and conditions of the Lease, and is not then in default beyond applicable notice and cure periods provided herein, this Lease shall renew automatically for two (2) additional successive terms of five (5) years (each an "Option Term"), on the same terms and conditions as contained in this Lease as it may be amended from time to time, unless City gives NRCA written notice of its intention not to exercise the Option Term at least ninety (90) days prior to expiration of the Term. 2.3 Term of Lease. The "Term" as used herein is defined as the Initial Term and, as exercised, any Option Term. 2.4 Amendments. The Parties may amend the terms of this Lease at any time during the Term hereof to better serve the public interest and/or better accomplish the purposes of the Lease; provided, however, that the Term may not be extended by the Parties beyond the express provisions of this Lease. Any amendment made to this Lease must be in writing and executed by the Parties, and approved as to form by the City Attorney. 3. PICKLEBALL COURTS COMPLEX DESIGN AND CONSTRUCTION 3.1 Pickleball Courts Complex Design and Development; Costs. The conversion and development of the Field into the Pickleball Courts Complex, which includes but is not limited to the design, installation and construction work (including installation of the electronic key fob system), shall be performed by City at its sole cost and expense. The Pickleball Courts Complex shall be designed and constructed by qualified and licensed (where required) architectural, design, engineering and construction firms selected by City at its sole and absolute discretion. NRCA shall have an opportunity to provide input in the Pickleball Courts Complex design process and suggest changes, which City may at its sole discretion incorporate into the final design. Notwithstanding the foregoing, City and NRCA must mutually agree and determine the final placement of City Courts., NRCA Courts and Outer Improvements, which shall be made part of the final design for the Pickleball Courts Complex. The final design shall also include installation of the gate(s) at the point of entry to the NRCA Courts, to be accessible through an electronic key fob system to secure the entrance to NRCA Courts and addition of an electronic key fob system at the two park entry gates adjacent to the Courts. 3.2 Pre -Construction Due Diligence. 3.2.1 No later than thirty (30) calendar days following execution of this Lease, NRCA shall deliver to City copies of any and all documents in its possession relating to the area proposed for construction of the Pickleball Courts Complex and the surrounding NRCA Property, which may include any environmental reports, natural NEWPORT RIDGE COMMUNITY ASSOCIATION Page 3 hazard disclosure reports, engineering reports, surveys, title materials, geotechnical reports, soils studies, environmental audits and reports, environmental impact reports or mitigated negative declarations, and any other documents that may assist the City in the design and construction of the Pickleball Courts Complex (collectively the "NRCA Property Documents"). 3.2.2 City's construction of the Pickleball Courts Complex shall be contingent upon completion of its due diligence and determining, to its sole satisfaction, that the Field is sound and safe for the construction of the Pickleball Courts Complex. City shall have a period of one hundred twenty (120) calendar days after NRCA delivers the NRCA Property Documents to City to complete such due diligence and determination. If the City does not provide written notice of satisfactory completion of its due diligence to NRCA within the one hundred twenty (120) calendar days (which the Parties may extend by mutual agreement), then this Lease shall terminate and the Parties shall have no further obligations hereunder. The City's determination of the feasibility of construction of the Pickleball Courts Complex is a material condition of this Lease. 3.3 Notice of Commencement of Construction. At least thirty (30) calendar days prior to taking possession of the Field to commence construction of the Pickleball Courts Complex, City shall provide NRCA written notice of the same and NRCA shall provide written notice to its residents/members of the commencement of construction. 3.4 Preservation of NRCA Property. City may utilize a portion of the NRCA Property outside of and immediately adjacent to the Pickleball Courts Complex and Outer Improvements for construction staging and access, which area shall be identified on the design documents. City agrees to take all prudent action to protect NRCA Property from any damage or injury during construction and installation of the Pickleball Courts Complex. City shall repair or cause to be repaired any damage to NRCA Property outside of the Pickleball Courts Complex directly caused by City or its contractors or subcontractors during the construction and installation of the Pickleball Courts Complex. 3.5 Prevailing Wages. The City, its contractors and subcontractors shall comply with all State of California labor laws, rules and regulations, including those governing the payment of prevailing wage. 3.6 Permits and Approvals. Unless restricted by law, City shall obtain, and be responsible for the costs for all building permits, health department permits and other required permits prior to the commencement of construction of the Pickleball Courts Complex and its operations. If applicable, City shall be responsible, at its sole cost and expense, for compliance with the California Environmental Quality Act ("CEQA") in connection with construction and operation of the Pickleball Courts Complex. NEWPORT RIDGE COMMUNITY ASSOCIATION Page 4 3.7 Acceptance. The date upon which the City formally accepts the completed construction work of the Pickleball Courts Complex shall be the "Commencement Date." 4. OPERATION AND USE OF THE PICKLEBALL COURTS COMPLEX The Pickleball Courts Complex shall commence operations and be open for use as of the Commencement Date. NRCA Courts shall be available at the same time for the exclusive use by its members and residents, except as set forth herein. City Courts and the Outer Improvements shall be open for use by the general public. 4.1 City Courts and Outer Improvements. 4.1.1 City Courts shall be reserved for the City to make available for the general public's use and benefit, which includes public recreational programs, classes, and events. The City Courts shall be managed by the City's Recreation and Senior Services Department ("RSS") comparable to the City's other public park facilities. 4.1.2 NRCA may reserve the City Courts for NRCA private events ("NRCA Event"). NRCA shall make its reservation request in advance, in writing, through a Special Event Permit from the City, and/or any other permits or approvals as may be required for the use of any City public facility. The Special Event Permit and any other required approvals must be obtained prior to the commencement of any NRCA Event. The NRCA Event shall be in compliance with the approved hours of operation of public facilities as set forth in the Newport Beach Municipal Code. NRCA shall promptly repair any damage and remove any rubbish resulting from an NRCA Event, at its sole cost and expense. 4.1.3 The Outer Improvements shall be available for the general public's use and benefit. 4.2 NRCA Courts. 4.2.1 NRCA Courts shall be reserved for the exclusive use of the NRCA and its residents/members. NRCA shall conduct its use and operation of NRCA Courts in compliance with Chapter 11.04 of the Newport Beach Municipal Code. 4.2.2 NRCA shall provide City with a copy of its key fob to access NRCA Courts. 4.2.3 City may reserve the NRCA Courts for public event(s) ("City Event"). No less than ninety (90) calendar days prior to the City Event, City shall provide NRCA with a written request to use the NRCA Courts, stating the date(s) and time(s), description, and contact person for the proposed City Event. NRCA shall provide NEWPORT RIDGE COMMUNITY ASSOCIATION Page 5 City a written notice of approval or disapproval no less than thirty (30) calendar days prior to the first date of the proposed City Event, or if the City Event is in conflict with a previously scheduled NRCA Event, then NRCA shall, using its reasonable efforts and following good faith negotiations with City, determine a time to reschedule the City Event, which shall take priority over any other NRCA Event. City Events may not exceed more than two (2) in any calendar quarter or more than sixteen (16) days in the aggregate in any consecutive twelve (12) month period. City shall promptly repair any damage and remove any rubbish resulting from a City Event, at its sole cost and expense. 4.2.4 NRCA shall not modify, alter, add or remove any permanent feature or aspect of the NRCA Courts, or install any improvements on the NRCA Courts without prior written approval by City. 4.2.5 NRCA shall fully comply with its Covenants, Conditions and Restrictions (CC&Rs) as may be amended from time to time, and which are recorded against the NRCA Property. 4.3 New Improvements. Neither Party may install, construct, maintain, or allow any signs, permanent or non -permanent fixtures or improvements on the Pickleball Courts Complex that were not otherwise specified in the final design of the Pickleball Courts Complex, unless approved in writing by the other Party and in strict compliance with the provisions of the Newport Beach Municipal Code. 4.4 Signage and Information. City may post signs, messaging and other information in the Pickleball Courts Complex that may include, but is not limited to, City's rules of conduct, public programming, and class schedule information. NRCA may post NRCA information about the NRCA Courts, as preapproved in writing by City. 4.5 Lawful Use of the Pickleball Courts Complex. The Parties agree that no business shall be conducted on or near the Pickleball Courts Complex in violation of the terms of this Lease or of any regulation, order, law, statute, bylaw, charter provision, or ordinance of any governmental agency having jurisdiction. 4.6 Waste or Nuisance. NRCA shall not commit or knowingly permit the commission of any waste on the Pickleball Courts Complex. NRCA shall not maintain, commit, or knowingly permit any public or private nuisance as defined in Section 3479 of the California Civil Code on the Courts. 4.7 Protective Action. Each Party shall take all prudent action to protect the Pickleball Courts Complex from any damage or injury resulting from its use, maintenance or repair of the Pickleball Courts Complex. NEWPORT RIDGE COMMUNITY ASSOCIATION Page 6 5. MAINTENANCE OF THE PICKLEBALL COURTS COMPLEX 5.1 City Courts; NRCA Courts. Each Party shall be responsible for and perform at its sole cost and expense regular ongoing general upkeep and minor repairs of its respective City Courts or NRCA Courts and ensure that they are in clean and good working condition at all times. In general, each Party's general upkeep and repair duties shall encompass cleaning and graffiti removal and include the netting and shading mechanism. NRCA shall be responsible, at its sole cost and expense, for maintenance and repair, and any future modification or replacement of the electronic key fob system to access the NRCA Courts. All work shall be performed in strict compliance with the specifications and requirements of the final approved design for the Pickleball Courts Complex. 5.2 Courts. City shall be responsible for and perform at its sole cost and expense any maintenance, repair, and/or replacement of the Courts playing surfaces, fencing, and windscreens, consistent with the repairs and maintenance performed at other City public recreational facilities and to ensure they are kept in an attractive, safe and good working condition. 5.3 Outer Improvements. City shall be solely responsible for and perform at its sole cost and expense regular ongoing maintenance and minor repairs of the Outer Improvements, including that easterly portion between the Pickleball Courts Complex up to the adjacent City Property. The specific details of the Outer Improvements and their maintenance and repair requirements shall be set forth in a Lease amendment that will be executed after the approval of the final design of the Pickleball Courts Complex. 5.4 Refuse Disposal. City shall be solely responsible for the scheduling, costs and expenses of refuse collection services for the Pickleball Courts Complex. 5.5 Sound Attenuation Measures. If the Courts require sound attenuation measures, as determined in the City's reasonable discretion, then the Parties will proportionally share the costs for the acquisition, installation, construction, maintenance, repair and replacement. 5.6 Option to Assume Maintenance. In the event NRCA fails to complete, or commence and diligently pursue to completion, any maintenance or repairs required to keep the NRCA Courts in a condition reasonably acceptable to City within thirty (30) calendar days of delivery of the City's written notice of the need for maintenance or repair, City may perform the maintenance or repair and charge the cost to NRCA. If NRCA repeatedly (i.e., more than three (3) times in any twelve (12) month period after written notice thereof) fails to fulfill its obligations hereunder, City has the option to assume the maintenance and repair obligation and perform it at NRCA's sole cost and expense. 5.7 Site Walk; Annual Report. The Parties shall perform an annual joint inspection of the Pickleball Courts Complex by July 15th to determine the necessary repairs and maintenance for the following calendar year. Prior to the joint inspection, NRCA shall provide to City a written report listing any and all maintenance, repairs, or NEWPORT RIDGE COMMUNITY ASSOCIATION Page 7 other work completed, including the costs incurred thereof, for the preceding calendar year. 6. DAMAGE OR DESTRUCTION 6.1 City Courts; NRCA Courts. 6.1.1 If either City Courts or NRCA Courts are rendered totally or partially inaccessible or unusable due to damage or destruction ("Destruction"), then subject to Section 6.2 below, the Party having the right of exclusive use thereof shall repair and restore its respective area of the Courts to substantially the same condition as existed immediately prior to the Destruction. However, for any such Destruction directly caused by an NRCA Event or City Event, the Party conducting that event shall bear the sole cost and expense for promptly repairing and restoring those premises to substantially the same condition as existed immediately prior to the Destruction. 6.1.2 Notwithstanding the foregoing, if Destruction renders a majority of City Courts or a majority of NRCA Courts inaccessible or unusable and which cannot within twelve (12) months from the date of the Destruction reasonably be repaired or restored to substantially the same condition as existed immediately prior to the Destruction, then either Party may terminate this Lease in accordance with the procedure in Section 6.2. 6.2 Courts. If a major portion or the entirety of the Courts are rendered inaccessible or unusable due to Destruction, then the Parties shall share on a pro rata basis the costs to repair and restore the Courts to substantially the same condition as existed immediately prior to such Destruction. The pro rata costs shall be determined based on the proportion of City Courts to NRCA Courts affected. However, either Party may, in its sole and absolute discretion, elect to terminate this Lease by giving written notice to the other Party within thirty (30) calendar days of the date of occurrence of the Destruction if: (a) the cost for repair and restoration exceeds the amount of any insurance proceeds available to the terminating Party; (b) the Destruction was caused by an uninsured casualty or event; or (c) the terminating Party reasonably estimates that repairs will take more than twelve (12) months. Upon such termination, NRCA shall reimburse City in accordance with Section 19 and the terminating Party shall, at its sole cost and expense, remove any damaged property or debris from its respective portion of the Courts, and thereafter neither Party shall have any further liability or obligations to the NEWPORT RIDGE COMMUNITY ASSOCIATION Page 8 other Party under this Lease, except as otherwise expressly provided herein (e.g. indemnity, insurance). 7. RIGHT TO ENTER; EMERGENCY City and its authorized representative(s) shall provide NRCA at least one (1) business day notice before entering NRCA Courts for inspection or any purpose other than maintenance. City shall use reasonable efforts to not interfere with NRCA's use of the NRCA Courts. City shall not be required to provide notice in the case of an emergency. 8. UTILITIES City shall provide for the installation of electrical, including electrical connectivity for the NRCA Courts key fob system, water, and, if applicable, gas service (collectively, the "utilities") for the Pickleball Courts Complex as part of the construction work. Beginning on the Commencement Date, NRCA shall pay for ongoing utilities service for the Pickleball Courts Complex for the Term. Maintenance and repair of utility lines within the Courts shall be the sole responsibility of NRCA. Utilities services maintenance shall occur between 7:00 a.m. and 6:00 p.m. on non -holiday weekdays. NRCA shall provide City with not less than thirty (30) calendar days' prior written notice before commencing any work that may occur during regular hours of operation, or would impact City's regular use of City Courts. 9. REDEVELOPMENT OF NRCA PROPERTY NRCA shall provide City with a minimum of six (6) months' prior written notice for any plans to redesign, redevelop or otherwise substantially modify any portion of the NRCA Property near or surrounding the Pickleball Courts Complex ("NRCA Redevelopment"). If, in the City's sole determination, the NRCA Redevelopment will interfere with the City's ability to occupy or use all or a portion of the City Courts, then NRCA shall modify the NRCA Redevelopment to City's satisfaction, which City shall not unreasonably withhold. If the Parties are unable to mutually agree upon changes to the NRCA Redevelopment, then City may, at its sole discretion, terminate this Lease and NRCA shall reimburse City in accordance with Section 19 of this Lease. 10. EASEMENTS Subject to applicable provisions of law, it is understood that all rights granted under this Lease are subject to easements, rights -of -way, and similar burdens, if any, now existing or heretofore granted by NRCA or its predecessors, in, to, over, or under the NRCA Property for any purpose. 11. TRANSFER OR SALE OF PROPERTY 11.1 Assignment bV NRCA. The provisions of this Lease shall run with the land and be binding upon and inure to the benefit of the Parties, their legal representatives, successors, and assigns (collectively "successors"). NRCA may, after providing City with one hundred twenty (120) calendar days prior written notification, assign its rights and NEWPORT RIDGE COMMUNITY ASSOCIATION Page 9 obligations under this Lease to another homeowners' association established by the owners of the lands comprising the NRCA Property, provided said association meets any and all qualifications as required by law to be a legally recognized homeowner's association. Any proposed successors shall fully and unconditionally assume the covenants, provisions and obligations, including all maintenance and repair, of NRCA herein including, without limitation, the indemnification obligations. Such assignment shall be by written assignment executed by NRCA. Upon assignment, NRCA shall have no further liability under this Lease to the extent first arising from and after the effective date of the assignment. Any proposed assignment to any other shall require prior written approval of the City, which City may, in its sole discretion, withhold for any reason or no reason at all. 11.2 Change in Management. NRCA shall promptly notify City of any change in management of the NRCA Property, with a minimum of forty-five (45) calendar days' prior written notice to City of such intended assignment. Any assignment or transfer made without City's prior written consent or not otherwise strictly permitted under this Section shall be null and void. 11.3 Purchase Option. NRCA shall, in good faith and upon the same material terms as would be offered to other private Parties, grant City a continuing First Right of Refusal (FROR) to purchase, should NRCA elect to transfer the Pickleball Courts Complex. For purposes of this Lease, "transfer" and similar terms mean and include, without limitation, a sale or other transfer of all or any part of the Pickleball Courts Complex, or interest therein, either alone, or as part of a larger sale, provided, however, that "transfer" shall not include the granting of a license, an easement or similar right on all or a portion of the Pickleball Courts Complex that would not materially interfere, disrupt, or frustrate City's contemplated use pursuant to this Lease. 11.4 Assignment by City. City shall not assign this Lease or any right acquired hereunder without the prior written consent of NRCA. Any assignment without the prior written consent of NRCA is null and void. 12. ENVIRONMENTAL MATTERS AND HAZARDOUS MATERIALS 12.1 Environmental Law. "Environmental Law" shall include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of closing, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the foregoing, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USC section 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USC section 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USC section 1251 et NEWPORT RIDGE COMMUNITY ASSOCIATION Page 10 seq.]; the Toxic Substances Control Act (TSCA) [15 USC section 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USC section 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USC section 136 et seq], the Superfund Amendments and Reauthorization Act [42 USC section 6901 et seq.]; the Clean Air Act [42 USC section 7401 et seq]; the Safe Drinking Water Act [42 USC section 300f et seq.], the Solid Waste Disposal Act [42 USC section 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USC section 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USC section 11001 et seq.]; the Occupational Safety and Health Act [29 USC sections 655 and 657]; the California Underground Storage of Hazardous Substances Act [California Health and Safety Code section 25280 et seq]; the California Hazardous Substances Account Act [California Health and Safety Code section 25300 et seq]; the California Hazardous Waste Control Act [California Health and Safety Code section 25100 et seq]; the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code section 24249.5 et seq.]; the Porter - Cologne Water Quality Act [California Water Code section 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. 12.2 Hazardous Materials. "Hazardous Materials" shall include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant, under any Environmental Law. 12.3 Hazardous Materials Indemnification. 12.3.1 City shall defend, indemnify and hold harmless NRCA, its officers, directors, employees, agents and representatives from and against any and all legal or administrative proceedings, claims, reasonable attorneys' fees and costs, expenses, penalties, actual damages, including indemnity claims, in any way related to (a) the use, release, generation, storage or disposal of Hazardous Materials in, on or around City Courts by City or any agent of City, (b) City's compliance or non-compliance with any federal, state or local environmental law, ordinance, rule or regulation, (c) the removal, clean-up, encapsulation, detoxification or any other action taken by City or any agent of City, directly or indirectly arising out of the presence of Hazardous Materials in, on or around the City Courts. If the storage, use and disposal of Hazardous Materials in, on or around City Courts is caused by City or any agent of City and results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, City shall promptly take any and all action required by such agency to investigate and clean-up such contamination. 12.3.2 NRCA shall defend, indemnify, and hold harmless City, its City Council, officers, employees, agents and representatives from and against any and all legal or administrative proceedings, claims, NEWPORT RIDGE COMMUNITY ASSOCIATION Page 11 reasonable attorney fees and costs, expenses, penalties, actual damages, including indemnity claims, in any way related to (a) the use, release, generation, storage or disposal of Hazardous Materials in, on or around NRCA Courts by NRCA or any agent of NRCA; (b) NRCA's compliance or non-compliance with any federal, state or local environmental law, ordinance, rule or regulation, (c) the removal, clean-up, encapsulation, detoxification or any other action taken by NRCA or any agent of NRCA, directly or indirectly arising out of the presence of Hazardous Materials in, on or around NRCA Courts. If the previous, current and future storage, use and disposal of Hazardous Materials in, on or around the Courts is caused by the NRCA or any agent of NRCA and results in contamination or deterioration of water or soil resulting in a level of contamination greater than maximum allowable levels established by any governmental agency having jurisdiction over such contamination, NRCA shall promptly take any and all action required by such agency to investigate and clean-up such contamination. 12.4 City's Obligations. City will not use, occupy, or permit any portion of the City Courts to be used or occupied in violation of any Environmental Law or to store any Hazardous Material. 13. TAXES, LICENSES AND OTHER OBLIGATIONS 13.1 Payment of Taxes. NRCA shall pay directly to the appropriate taxing authorities all taxes applicable to this Lease, improvements, NRCA's Property, and the Pickleball Courts Complex, that are levied or assessed against NRCA during the Term. NRCA shall pay, before delinquency, all taxes, assessments, license fees and other charges ("Taxes") that are levied or assessed against NRCA's interest in the Pickleball Courts Complex or any personal property installed on the Pickleball Courts Complex. 13.2 Challenge to Taxes. NRCA shall have the right in good faith, at its sole cost and expense, to contest the amount or legality of any Taxes on or attributable to this Lease, the Pickleball Courts Complex, NRCA's personal property, or NRCA's occupation and use of the Pickleball Courts Complex, including the right to apply for reduction. If NRCA seeks a reduction or contests such taxes, NRCA's failure to pay the taxes shall not constitute a default as long as NRCA complies with the provisions of this Section. City shall not be required to join in any proceeding or contest brought by NRCA unless the provisions of any law require that the proceeding or contest be brought by or in the name of City or any owner of the Pickleball Courts Complex. In that case, City shall join in the proceeding or contest or permit it to be brought in City's name as long as City is not required to bear any cost. If requested by NRCA, City shall execute any instrument or document necessary or advisable in connection with the proceeding or contest. NRCA, on final determination of the proceeding or contest, shall immediately pay or discharge NEWPORT RIDGE COMMUNITY ASSOCIATION Page 12 any decision or judgment rendered, together with all related costs, charges, interest and penalties. 14. INDEMNITY AND EXCULPATION 14.1 NRCA Hold Harmless. NRCA agrees to indemnify, defend and hold harmless City, its City Council, boards, commissions, committees, officers, agents, volunteers, and employees (collectively, "City Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the occupation or use of any part of NRCA Courts by NRCA, its residents, guests, employees, contractors, subcontractors, agents, invitees, or volunteers (collectively, "NRCA Parties"), including without limitation any claim, liability, loss or damage arising by reason of: 14.1.1 The death or injury of any person or damage to personal property caused or allegedly caused by the condition of the NRCA Courts or an act or omission of the NRCA Parties; 14.1.2 Any work performed on the Courts or materials furnished to the NRCA Courts, at the request of the NRCA Parties; and 14.1.3 NRCA's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on the NRCA Courts by any duly authorized governmental agency or political subdivision. 14.1.4 NRCA's challenge or contest of Taxes under Section 13. NRCA's indemnity obligations herein shall not extend to any Claim arising from or in any manner relating to the sole gross negligence, willful misconduct or unlawful or fraudulent conduct on the part of City Indemnified Parties. The indemnity obligations herein shall survive the termination of this Lease. 14.2 City Hold Harmless. City agrees to indemnify, defend and hold harmless NRCA, its board, committees, officers, agents, volunteers, and employees (collectively, "NRCA Indemnified Parties") from and against any and all Claims, which may arise from or in any manner related (directly or indirectly) to the occupation or use of any part of City Courts by City, its residents, guests, employees, contractors, subcontractors, agents, invitees, or volunteers (collectively, "City Parties"), including without limitation any claim, liability, loss or damage arising by reason of: 14.2.1 The death or injury of any person or damage to personal property caused or allegedly caused by the condition of City Courts or an act or omission of City Parties; NEWPORT RIDGE COMMUNITY ASSOCIATION Page 13 14.2.2 Any work performed on the Courts or materials furnished to City Courts, at the request of City Parties, and 14.2.3 City's failure to perform any provision of this Lease. City's indemnity obligations herein shall not extend to any Claim arising from or in any manner relating to the sole gross negligence, willful misconduct or unlawful or fraudulent conduct on the part of NRCA Indemnified Parties. The indemnity obligations herein shall survive the termination of this Lease. 14.3 Not Limited by Insurance. NRCA's indemnity obligations herein shall not be contingent upon or limited by the availability of any insurance policies. 15. NO DAMAGES Each Party acknowledges that it would not enter into this Lease if it were to be liable for consequential damages, lost profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use (collectively herein "Damages") under, or relating to, this Lease or any of the matters referred to in this Lease, including, without limitation, any and all plans, permits, licenses or regulatory approvals, CEQA documents, or any future amendments or enactments thereto related to the Courts (collectively herein "Lease Matters"). Accordingly, each Party covenants and agrees on behalf of itself and its successors and assigns, not to sue the other party for Damages. 16. INSURANCE NRCA shall maintain insurance in the types and amounts specified in Exhibit "E," attached hereto and incorporated herein by this reference. 17. CONDEMNATION OF THE NRCA PROPERTY If the use or possession of the entire NRCA Property or any material portion thereof shall be taken in condemnation proceedings, then City may terminate this Lease by giving written notice to NRCA within thirty (30) calendar days after the date of such taking. 18. TERMINATION, DEFAULT AND REMEDIES 18.1 Default; Termination. A Party's failure to perform any of the terms, conditions or covenants of this Lease or failure to perform such obligations within thirty (30) calendar days after written notice from the other Party shall constitute a default and material breach of this Lease. If the nature of an obligation is such that more than thirty (30) calendar days are reasonably required for performance, then a Party shall not be in default and breach if it provides the other Party with a written plan to cure and commences performance to cure within such thirty (30) calendar day period and thereafter diligently prosecutes the same to completion. Upon a Party's default and breach, the other Party NEWPORT RIDGE COMMUNITY ASSOCIATION Page 14 may terminate the Lease with thirty (30) calendar days' written notice to the defaulting Party. 18.2 Stay of Obligations. Neither Party hereto shall be under any obligation to perform or comply with its obligations pursuant to this Lease after the date of any default by the other Party. 18.3 Waiver of Rights. The failure or delay of either Party hereto to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any default by the other Party. 18.4 Waiver of Right of Redemption. City waives any right of redemption or relief from forfeiture pursuant to California Code of Civil Procedure Sections 1174 and 1179 and pursuant to any existing or future statutory or decisional law in the event City is evicted or NRCA takes possession of the City Courts by reason of any default by City. 18.5 Construction Milestones. If construction of the Pickleball Courts Complex does not commence on or before December 31, 2023, or if construction is not completed by December 31, 2024, NRCA may terminate this Lease by providing written notice to City of such termination, and neither Party shall have any further obligations hereunder. 19. REIMBURSEMENT UPON TERMINATION OF LEASE Should this Lease terminate for any reason during the Initial Term, NRCA shall reimburse City for City's total costs and expenses incurred to date related to the design, implementation and management, installation and construction of the Pickleball Courts Complex. However, after the Commencement Date, the amount of NRCA's obligated reimbursement for City's costs shall be adjusted annually to reflect depreciation of the improvements based on an amortization schedule from the Commencement Date. The amortization period shall be thirty (30) years less the construction period, which shall be from the Effective Date until the Commencement Date. City shall have the right to change the amortization schedule subject to the terms of any grant funding that City receives for the construction of the Courts. 20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION Upon the expiration or lawful termination of this Lease, the Pickleball Courts Complex shall remain on the NRCA Property, and City agrees to peaceably deliver possession of, and agrees to vacate without contest, legal or otherwise, the City Courts and Outer Improvements. NRCA, at its sole discretion, with the City's cooperation, may record a document evidencing the expiration or termination of the leasehold interest. 21. NOTICE All notices pursuant to this Lease shall be deemed given when personally delivered or deposited in the United States mail, first class postage prepaid, and addressed as follows: NEWPORT RIDGE COMMUNITY ASSOCIATION Page 15 NRCA: NRCA c/o First Service Residential Attention: Lisa Barrett, Senior Community Manager 15241 Laguna Canyon Road Irvine, CA 92618 City: City of Newport Beach Attention: Real Property Administrator 100 Civic Center Drive Newport Beach, CA 92660 22. STANDARD CONDITIONS 22.1 Successors in Interest. This Lease shall be binding upon the successors of both Parties. 22.2 Compliance with all Laws. The Parties shall at their own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 22.3 Waiver. A waiver by either Party hereto of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Lease represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Lease and any other attachments attached hereto, the terms of this Lease shall govern. 22.6 Interpretation. The terms of this Lease shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party hereto by reason of the authorship of the Lease or any other rule of construction which might otherwise apply. 22.7 Severability. If any term or portion of this Lease is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall continue in full force and effect. 22.8 Controlling Law and Venue. The laws of the State of California shall govern this Lease and all matters relating to it and any action brought relating to this Lease shall NEWPORT RIDGE COMMUNITY ASSOCIATION Page 16 be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 22.9 No Attorney's Fees. In the event of any dispute or legal action arising under this Lease between the Parties, the prevailing Party to such dispute or legal action shall not be entitled to attorney's fees. 22.10 Counterparts. This Lease maybe executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. Lease. 22.11 Time of Essence. Time is expressly declared to be of the essence in this [SIGNATURES ON NEXT PAGE] NEWPORT RIDGE COMMUNITY ASSOCIATION Page 17 IN WITNESS WHEREOF, we have executed this Lease as of the day and year written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3-29-2? _. B ro4C-a r City Attorne ATTEST: �� Aalz Date: I , il% %11�,. �i!l Leilani : • T 1 City Clerk r� PO CITY OF NEWPORT BEACH, A California municipal corporation Date: & / 14 Pvz, Z By: Gr .'Leung C Manager NRCA: NEWPORT RIDGE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation Date: Signed in Counterpart By: Signe Keller President Date: Signed in Counterpart Jamie Gruwell Treasurer [END OF SIGNATURES] Attachments: Exhibit A: Depiction of NRCA Property Exhibit B: Depiction of City Property Exhibit C: Draft Depiction of Pickleball Courts Complex Exhibit D: [Reserved] Exhibit E: Insurance NEWPORT RIDGE COMMUNITY ASSOCIATION Page 18 IN WITNESS WHEREOF, we have executed this Lease as of the day and year written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3- 2-? rZ2 By: Je�- a n C. H ity Attor y ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Grace K. Leung City Manager NRCA: NEWPORT RIDGE COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation Date: By: 4-'4� Signe Kell President Date: (Po zZ By: y: Jar ruwell T�sGrer [END OF SIGNATURES] Attachments: Exhibit A: Depiction of NRCA Property Exhibit B: Depiction of City Property Exhibit C: Draft Depiction of Pickleball Courts Complex Exhibit D: [Reserved] Exhibit E: Insurance NEWPORT RIDGE COMMUNITY ASSOCIATION Page 18 Exhibit "A" Depiction of NRCA Property NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit A-1 EXHIBIT "A" DEPICTION OF NRCA PROPERTY EXHIBIT A-1 Exhibit "B" Depiction of City Property NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit B-1 EXHIBIT "B" DEPICTION OF CITY PROPERTY EXHIBIT B-1 Exhibit "C" Draft Depiction of Pickleball Courts Complex NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit C-1 EXHIBIT "C" DRAFT DEPICTION OF COMPLEX EXISTING SIDEWALK SEE MID —COURT DETAIL LEGEND ® LANDSCAPE SHADECLOTH NEWACSIDEWALK WATERFOUNTAIN TRASHCAN TABLE BENCH FENCE AREA DRAIN DRAINAGE PATH CONNECT PROPOSED AREA DRAIN TO EXISTING CATCH BASIN 4d -o _ EXIST. FENCE :o 10 \� EXISTING SIDEWALK \B O � \ PROPOSED AREA DRAIN 0 97.10 FG Q •--" 20 `' GATES 20 0 F JOM 22 FG \O S JOM 'O 2D 40 ,i t �20 a Vp 6 } 14 \0 IN ,. z0�/" V ENTRANCE GATE 'o \ 20 10 \� 1p :0 20 1� 20 4 \ EXIST WATER FOUNTAIN MID —COURT DETAIL rvTs JOIN 1,57 FS JOIN EXISTING SIDEWALK EXIST. FENCE PROPOSED AREA DRAIN 9416 JOIN FS 1 `rr JOIN, REBUILD GATE LAYOUT #7 THE CITY OF NEWPORT BEACH PICKLEBALL COURTS NEWPORT BEACH, CALIFORNIA NTS Exhibit "D" [RESERVED] NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit D-1 Exhibit "E" Insurance 1. Provision of Insurance. Without limiting NRCA's indemnification of City, and prior to commencement of any installation of the Courts (the "Pickleball Courts Complex"), NRCA shall obtain, provide and maintain at its own expense during the term of this Lease, policies of insurance of the type and amounts described below and in a form satisfactory to City. NRCA agrees to provide insurance in accordance with requirements set forth here. If NRCA uses existing coverage to comply and that coverage does not meet these requirements, NRCA agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. NRCA shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, NRCA shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers. NRCA shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, and volunteers. B. General Liability Insurance. NRCA shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit E-1 C. Automobile Liability Insurance. NRCA shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of NRCA arising out of or in connection with the Project to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, NRCA shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Project for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Project by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and NRCA shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Lease shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow NRCA or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. NRCA hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers shall be included as additional insureds under such policies. C. Primary and Non -Contributory. NRCA's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, and volunteers. Any insurance or self-insurance maintained by City shall be excess of NRCA's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit E-2 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. NRCA shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Lease. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, NRCA shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Lease to change the amounts and types of insurance required by giving NRCA ninety (90) calendar days advance written notice of such change. C. Right to Review Subcontracts. NRCA agrees that upon request, all agreements with subcontractors or others with whom NRCA enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. NRCA shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and NRCA shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. NRCA acknowledges and agrees that any actual or alleged failure on the part of City to inform NRCA of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit E-3 waiver of any type. If the NRCA maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the NRCA. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. NRCA agrees not to self -insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If NRCA's existing coverage includes a self -insured retention, the self - insured retention must be declared to City. City may review options with NRCA, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. NRCA agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non -Compliance. If NRCA or any of its subcontractors fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, or to suspend NRCA's right to proceed until proper evidence of insurance is provided. H. Timely Notice of Claims. NRCA shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from NRCA's performance under this Lease, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by NRCA and available or applicable to this Lease are intended to apply to the full extent of the policies. Nothing contained in this Lease or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. NRCA will renew the coverage required here annually as long as NRCA continues to provide any work under this Lease. NRCA shall provide proof that policies of insurance required herein expiring during the term of this Lease have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from NRCA's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. NRCA agrees to maintain commercial general liability coverage for a period of ten (10) years after termination of the Lease. NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit E-4 Mulvey, Jennifer Subject: FW: Full Execution of Newport Ridge Pickleball Courts Lease Agreement? From: Mullinax, Carrera <cmullinax@newportbeachca.gov> Sent: November 02, 2022 8:59 AM To: Mulvey, Jennifer <JMuIvey@newportbeachca.gov> Cc: Wooding, Lauren <LWooding@newportbeachca.gov> Subject: RE: Full Execution of Newport Ridge Pickleball Courts Lease Agreement? Morning Jenn! Please see the image below for Ebix compliance — thank you! x + C 0 8 ebixcerts.com Home i City of Newport Beach._ DDataTree by First Amer... 1� Code Search VJ Newport Beach GIS-... ® Ebix RCS Certificate of.,, y Tyler Hub -Munis Lan.., Calculator. Add to or s... & Home -TitlePro247 In5ur9i dame Name IJe,port Ridge Cammumt� Association fle:':pod Rir,9e %o=-c•tunit, account Nuntuer FVOOOt;Oa2' Address l .l1 Laguna Canyon Road .;tu, Lisa Garrett mine C:=;. I_ Slates Referral Cmtraiant ;:ith 'rt;arved De(inenoas Vievi Deficiencies Information 1