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HomeMy WebLinkAbout11 - Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island BridgeQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 18, 2025 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644- 3236, Iwooding@newportbeachca.gov TITLE: Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge ABSTRACT: Harbor Island is a private residential neighborhood located in Newport Harbor, consisting of 30 homes, and is accessed by a private vehicular bridge. The Harbor Island Community Association owns the bridge and seeks to perform certain retrofits of the structure to bring it to current standards. The bridge spans public filled-, tide-, and submerged lands owned by the State of California and managed by the City of Newport Beach (City). For the City Council's consideration is a new, 50-year Lease Agreement (Agreement) (Attachment A) with Harbor Island Community Association for operation and management of the private bridge, including a request to waive the open bid requirements of City Council Policy F-7, Income and Other Property. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines because it has no potential to have a significant effect on the environment; b) Authorize the City Manager and City Clerk to execute the Lease Agreement By and Between the City of Newport Beach and Harbor Island Community Association for the Harbor Island Bridge, in a form substantially similar to the agreement attached to the staff report; and c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings contained in this staff report and the Agreement, that conducting an open bid process or converting the property to another use would result in vacancy and other expenses that would outweigh other financial benefits to the City, and that the use promotes the City's goals to provide essential or unique services to the community. Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge November 18, 2025 Page 2 DISCUSSION: Tidelands Background Harbor Island is located in Newport Harbor south of East Coast Highway and Bayside Drive near Linda Isle and Beacon Bay; it was first dredged in 1909 and subdivided into residential lots in 1926. The island was subdivided and mapped entirely for private residential lots with easements for road and utility purposes. In 1943, the island was annexed to the City of Newport Beach (City) and currently contains 30 single -unit residential lots on approximately 8.5 acres of land. While the residential lots are privately owned, the island is surrounded by a 30-foot-wide band of filled publicly -owned tidelands (see red shaded area in Figure 1 below). This tidelands area is located between the adjudicated high tide line and the bulkhead line, and near the bridge is considered granted lands in trust to City (see light blue shaded area in Figure 1 below) to manage on behalf of the State of California. Figure 1 — Harbor Island aerial showing tidelands boundaries Upon annexation of the island, the City entered into a 25-year lease agreement with the Harbor Island Community Association (Association) allowing use of the filled tidelands around the island's entire perimeter for recreational purposes consistent with the City's tidelands grant (Recreation Area). In 1968, just before the lease to the Association expired, it was determined the tidelands grant to the County of Orange (County) included jurisdiction over approximately 90% of the Recreation Area surrounding Harbor Island (see orange shaded area in Figure 1 above), and the City elected not to renew the lease with the Association. Following the expiration of the City's lease to the Association, the County leased the Recreation Area to the Association. 11-2 Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge November 18, 2025 Page 3 In 1984, the City and County's tidelands grants were legislatively amended by Chapter 715 of the State of California Statutes of 1984, formally allowing private use of the Recreation Area by the individual homeowners in exchange for fair market value rent under the terms of a long-term lease. Since that time the City and County have maintained lease agreements with each property owner on Harbor Island for use of the Recreation Area. Additionally, use of the tidelands harbor -ward of the bulkhead line are subject to residential pier permits. Harbor Island Bridae The Harbor Island bridge provides vehicle and pedestrian access to the island and is the only means of access from the mainland. The bridge, which is located at the terminus of Harbor Island Road and connects to the east end of the private street on Harbor Island (Figure 2), is part of the private infrastructure constructed and maintained by the Association, serving the property owners on the island. Figure 2 — Aerial view of Harbor Island bridge The first bridge to the island, a single -lane wooden bridge, was replaced by the existing structure in 1963. The bridge is approximately 158 feet long and 15 feet wide, with five spans supported by four bents with two piles each and retaining walls at either end. In addition to the bridge which spans the open water of the tidelands, the Association has installed related improvements at either end of the bridge, within the filled tidelands. These improvements consist of a guard shack, parking space, an electric gate and associated mechanical equipment, intercom signal lights, bollards, signage, curbing and hardscape, and landscaping. The bridge and associated improvements currently occupy approximately 4,500 square feet of tidelands. 11-3 Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge November 18, 2025 Page 4 Proposed Bridae Modifications In 2002, a bridge inspection obtained by the Association determined the bridge is structurally deficient by current Caltrans standards and traffic loading of the bridge was limited to one 20-ton vehicle. The Association hired professional designers and consultants to facilitate a project to retrofit the bridge to bring it up to current standards through improvements to the piles and pile caps, encasing the existing caps and piles in new materials. Proposed construction of the retrofit will include temporary platforms placed on each side of the bridge, and temporary closures that will preclude public access under the bridge during construction. In 2021, the Association elected to proceed with the retrofit project and submitted a Planning Application (PA2022-073) to the City and received an Approval -in -Concept (AIC2022002), allowing them to submit a coastal development permit application to the California Coastal Commission. Upon approval of the coastal development permit, the Association will submit construction plans to the City to obtain the necessary permits to complete the project. Staff determined the Association's exclusive use of portions of the filled, tide, and submerged lands in Newport Harbor is authorized under the City's tidelands grant, subject to entering into a lease agreement and payment of fair market value rent. The Association has requested a lease agreement for its continued use of the tidelands for operation of the private bridge and the proposed improvements. The Agreement covers the footprint of the bridge and improvements, including the proposed retrofit changes, which will occupy approximately 5,262 square feet of City -managed tidelands (Property) (Attachment B). City Council Policy F-7, Income and Other Property Policy F-7 (Attachment C) requires negotiations regarding the leases of income property to seek revenue equivalent to the open -market value of the highest and best use of said property; and, whenever practicable the City shall conduct an open bid or proposal process to ensure the highest financial return, unless specific findings can be made. Staff believes the following findings can be made, as required by Policy F-7 when an open bid is not conducted, and a waiver is requested: 1. The City is prevented by the tidelands grant from converting the Property to another use; 2. Converting the Property to another use or opening it to competitive bids would create inequities for the residents of Harbor Island; and 3. The Property provides an essential or unique service to the community that might not otherwise be provided were an open bid required. Lease Agreement The proposed terms of the Agreement are summarized below: 11-4 Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge November 18, 2025 Page 5 1. The Association will have exclusive use of the Property to maintain a vehicular bridge to allow access to the residences on Harbor Island, with the exception of the water covered areas, which are subject to public access and use consistent with the City's tidelands grant. 2. The initial term is 50 years, unless terminated earlier as provided by the Agreement. 3. Rent in the amount of $40,938.36 per year shall be paid by the Association. The rent shall be adjusted by the change in the Consumer Price Index (CPI) each year upon the anniversary of the effective date of the Agreement. A reappraisal of the rent, to adjust to market rate, may be completed upon the 30th lease year. 4. The Association shall be responsible for obtaining the necessary permits and approvals from state and local agencies to retrofit, reconstruct, maintain, and operate the bridge on the Property. 5. The Association is solely responsible for the cost and expense of the proposed retrofit project, and ongoing maintenance and operations costs of the bridge and Property. 6. The Association shall provide the City with bonds covering the costs of the proposed retrofit and any other future work that exceeds $25,000 in value. 7. The Association shall provide certificates of insurance with the scope of coverage and amounts subject to the satisfaction of the City's risk manager, naming the City as additional insured. The Agreement has been reviewed by the City Attorney's Office and has been approved as to form. The Association has reviewed and approved the terms of the Agreement. FISCAL IMPACT: Revenues collected pursuant to the proposed Agreement, $40,938.36 per year as adjusted annually by the change in CPI, will be posted to the Tidelands Fund (Fund 100) accounts in the Community Development Department and will be included in future years' budgets. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 1 exemption applies to the repair, maintenance, and minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use. The project qualifies for this exemption since it would include structural improvements to an existing bridge and not increase vehicular capacity or other expansion of use. The bridge, which was constructed in 1963, has been determined to be structurally deficient and would be retrofitted using commonly -utilized substructure improvements consistent with current seismic design standards. 11-5 Lease Agreement with Harbor Island Community Association for Use of Tidelands Property for the Harbor Island Bridge November 18, 2025 Page 6 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Lease Agreement Attachment B — Property Depiction Attachment C — City Council Policy F-7 11-6 Attachment A Lease Agreement 11-7 LEASE AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH AND HARBOR ISLAND COMMUNITY ASSOCIATION FOR THE HARBOR ISLAND BRIDGE THIS LEASE AGREEMENT ("Lease") is made and entered into as of the day of November 2425 ("Effective Date"), by and between THE CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Lessor' or "City") and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation ("Lessee"). Lessor and Lessee may individually be referred to as "Party" and collectively referred to as "Parties" herein. RECITALS A. City, by virtue of a 1978 legislative grant found in Chapter 74 of the Statutes of 1978, as amended ("Beacon Bay Bill"), acts on behalf of the State of California as the trustee of Tidelands located within the City's limits. B. Tidelands are defined as certain tidelands and submerged land (whether filled or unfilled), located in the City of Newport Beach, County of Orange, State of California granted to the City of Newport Beach, pursuant to the Beacon Bay Bill. The Tidelands must be used to promote the public's interest in water -dependent or water -oriented activities, as described more fully in the Tidelands Grant. C. The Beacon Bay Bill provides that the Tidelands shall not, at any time, be granted, conveyed, given, or alienated to any individual, firm or corporation for any purpose whatever except pursuant to Lessor's grant of either a franchise or lease. D. The Beacon Bay Bill authorizes Lessor to enter into leases of the Tidelands for a period not exceeding fifty (50) years so long as such leases are consistent with Lessor's obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant. E. Harbor Island consists of filled and unfilled Tidelands located in lower Newport Bay that is developed with thirty-six single-family residential properties within Harbor Island, Newport Beach, California ("Harbor Island"). F. The Property is defined as those filled, tide, and submerged lands lying between the adjudicated mean high tide line and the City's public right-of-way across the channel between Beacon Bay and Harbor Island to the mean high tide line and recreation area on Harbor Island, inclusive of the submerged "water covered" tidelands areas between the bulkhead line and pierhead lines, and between the pierhead lines crossing the channel ("Property"). The Property, which Lessor holds interest in trust on behalf of the State of California, is more particularly depicted in Exhibit "k' is attached hereto and incorporated by reference. G. Lessee is a nonprofit common interest development corporation, organized to manage and govern the owners of real property within Harbor Island. 11-8 H. Harbor island is accessed by a vehicular bridge that begins at the terminus of the roadway beginning at 101 Harbor Island Road, spans over the public Tidelands and ends at 40 Harbor Island Road, Newport Beach, California 92660. Lessee has built and currently maintains certain improvements consisting of a bridge, pilings, guard shack, parking space, and associated improvements ("Improvements"), which require retrofitting, to provide access to the residential properties located at Harbor Island. A portion of the improvements are necessarily located an the Property and occupy approximately 5,262 square feet (hereinafter "Premises"), which are the subject of this Lease, and are more particularly described/depicted in Exhibit "A." The Tidelands Grant authorizes Lessor to enter into leases of the Tidelands for a period not exceeding fifty (50) years so long as such leases are consistent with Lessor's obligations to hold the Tidelands in trust for the uses and purposes contained in the Tidelands Grant. J. Lessor has not conducted an open bid process for the lease of the Premises as is generally required by City Council Policy F-7 because the City is limited by the Tidelands Grant from converting the Property to another use, and changing the lessee of the Premises would result in vacancy and other expenses which would outweigh other financial benefits to the City and iinequities to residents of Harbor Island. The continued operation of the Improvements and its recreational uses such as providing publicly navigable waters, in which Lessee actively manages are consistent with the limitations and restrictions imposed on the Property by, but not limited to, the Tidelands Grant and Council Policy F-7. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: 1. DEFINITIONS The following words in this Lease have the definitions set forth in this section unless otherwise apparent from their context: "City Manager" means the City Manager of the City of Newport Beach or his or her designee. 2. PREMISES Lessor hereby leases to Lessee, for the time specified in Section 5 (TERM), the "Premises" described above except that the water covered areas is understood by Lessee as not included in the use of Premises. 3. LIMITATION OF THE LEASEHOLD This Lease and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent, including those which are set out in the Tidelands Grant and that certain Grant of HARBOR ISLAND COMMUNITY ASSOCIATION Page 2 11-9 Easement to Southern Counties Gas Company of California, recorded in the County of Orange on May 15, 1939 as Instrument Number OR_00993^417. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to Lessee of rights in the Premises which exceed those owned by Lessor, or any representation or warranty, either expressed or implied, relating to the nature or condition of the Premises or Lessor's interest therein. Lessee acknowledges that Lessee has conducted a complete and adequate investigation of the Premises and that Lesse has accepted the Premises in its "as is" condition. 4. USE 41 Lessee shall have use of the Premises to maintain a vehicular bridge to allow access to the Harbor Island residences conditioned upon Lessee retrofitting, reconstructing, maintaining and managing the Premises and the Improvements during the term of the Lease, consistent with the Statutes of the State of California and City Charter of the City of Newport Beach. 4.2 Lessee agrees not to use the Premises for any other purpose nor to engage in or permit any other activity within or from the Premises. 5. TERM 5.1 The term of this Lease shall be fifty (50) years, commencing on November 2025 ("Commencement Date"). Lessee understands and agrees that this Lease is subject to automatic termination as provided in Section 14 (INSURANCE). 5.2. Holding Over. This Lease shall terminate and become null and void without further notice upon the expiration of the Term of this Lease. In the event Lessee shall continue in possession of the Premises after the expiration of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease. The month - to -month tenancy may be terminated without cause by Lessee or Lessor upon thirty (30) calendar days' prior written notice to the other. 6. RENT 6.1 Commencing on the Effective Date and continuing until adjusted pursuant to Section 7 (REVISION OF RENT) or Section 8 (REAPPRAISAL OF RENT) of this Lease, Lessee agrees to pay as rent for the Premises Forty Thousand Nine Hundred Thirty Eight Dollars and 36/100 ($40,938.36) per year, payable on or before December 1, 2025 and on or before each anniversary of the effective date of this Lease thereafter, so long as tenancy continues. In the event the obligation to pay rent terminates on some date other than the anniversary of the effective date of this Lease, the rent shall be prorated to reflect the actual period of tenancy. 6.2 Additional Rent. Lessee shall pay as "Additional Rent" for the Premises, within ten (10) calendar days of Lessor's demand therefor (unless a different time for payment is expressly provided in this Lease), all other amounts required by this Lease, in HARBOR ISLAND COMMUNITY ASSOCIATION Page 3 11-10 addition to Rent. Additional Rent does not reduce or offset Lessee's obligations to pay Rent. 6.3 No Abatement or Reduction in Rent. Lessee has no right to any abatement, setoff or reduction in Rent or Additional Rent. No endorsement or statement on any check or any letter accompanying any check or payment will be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance or pursue any other available remedy. 6.4 Net Lease. Rent, as defined in this Lease, is based upon Lessee's material representation and covenant that it will pay all expenses, costs, taxes', assessments, fees or charges, and incur all liabilities, of every kind in any way relating to, or in connection with, the Premises and the Improvements during the Term. Accordingly, Lessee will promptly pay all expenses, costs, taxes, assessments, fees or charges, and incur all liabilities, of every kind and description relating to, or in connection with, the Premises and the Improvements during the Term. Annually, upon each successive anniversary of the Effective Date, the rent specified in Section 6 (RENT) shall be adjusted to reflect the increases in the cost of living as indicated by the Consumer Price Index described below. Rent may be adjusted if the Consumer Price Index for the Los Angeles — Lang Beach — Anaheim Area, All Urban Consumers, All Items ("Index"), as published by the United States Department of Labor, Bureau of Labor Statistics ("Bureau"), increases over the Base Period Index. The initial "Base Period Index" shall be the Index for the calendar month which is four (4) months prior to the month of the Effective Date's annual anniversary. The initial Base Period Index shall be compared with the Index for the same calendar month for each subsequent year ("Comparison Index"). The Comparison Index used for a given year's adjustment calculation will become the Base Period Index for purposes of the next annual Rent adjustment calculation. If the Comparison Index is higher than the Base Period Index, then Rent for the next year shall be increased by the amount of such percentage change. In no event shall Rent be reduced below the current Rent. Should the Bureau discontinue the publication of the above Index, or publish same less frequently, or alter same in some other manner, then the parties shall adopt a substitute Index or substitute procedure which reasonably reflects and monitors consumer prices. Notwithstanding the Index adjustments described above pursuant to Section 6 (RENT) and as adjusted by Section 7 (REVISION OF RENT) of this Lease, if Lessor, in its sole and absolute discretion, believes that notwithstanding such adjustments, monthly Rent, as adjusted, does not accurately reflect the fair market rental value of the Premises. Lessor may elect to further adjust monthly Rent at the commencement of the thirtieth (30th) Lease Year. Lessor will provide notice to Lessee not earlier than six (6) months nor later than three (3) months prior to the expiration of the twenty-ninth (29th) Lease Year of Lessor's election to further adjust monthly Rent. Within fifteen (15) days HARBOR ISLAND COMMUNITY ASSOCIATION Page 4 thereafter, Lessor and Lessee will attempt to agree upon an adjustment in Rent. if Lessor and Lessee are unable to agree, the Properly will be appraised to determine its fair market rental value. Lessor shall submit three (3) California licensed appraisers to Lessee; Lessee shall select one (1) appraiser from the three (3) submitted appraisers to appraise the Property. Lessor shall pay all costs associated with the appraiser and the appraisal. The fair market rental value determined by the appraiser will constitute monthly Rent for the thirtieth (30th) Lease Year and each successive year remaining on the Lease; provided, however, that in no event will monthly Rent so determined be less than that otherwise payable through the annual Index adjustments described herein. 9. RENT PAYMENT PROCEDURE All payments of Rent shall be made in lawful money of the United States of America and shall be paid to Lessor in person or by United States' mail, or overnight mail service, at the Cashier's Office located at 100 Civic Center Drive, Newport Beach, CA 92560, or to such other address as Lessor may from time to time designate in writing to Lessee. If requested by Lessor, Lessee shall make payments electronically (at www.newportbeachca.gov) or by wire transfer (at Lessee's cost). Lessee assumes all risk of loss and responsibility for late charges and delinquency rates if payments are not timely received by Lessor regardless of the method of transmittal. 10. CHARGE FOR LATE PAYMENT 10.1 Late Payment. Lessee hereby acknowledges that the late payment of Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, any sum owed by Lessee that is not paid within five (5) days of its due date shall be subject to a ten percent (10%) late charge. Lessor and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Lessor for its loss suffered by such late payment by Lessee. 10.2 Interest on Unpaid Sums. Unpaid sums due to either Lessor or Lessee under this Lease shall bear interest at the rate of ten percent (10%) per annum on the unpaid balance, including but not limited to late payment penalties, from the date due until paid, 11. CONSTRUCTION AND/OR ALTERATION BY LESSEE 11.1 Proposed Improvements. (a) Subject to compliance with all applicable laws, Lessee shall make certain improvements to the Premises as shown on Exhibit "B" ("Proposed improvements"), attached hereto and incorporated herein, which are intended to maintain the Improvements in good repair. The Proposed Improvements may be revised by or modified by Lessee in order to obtain entitlements and/or building permits from the applicable local and state agencies. All Proposed Improvements shall be submitted for review of improvement plans and permitting, and construction, and shall be subject to the prior HARBOR ISLAND COMMUNITY ASSOCIATION Page 5 11-12 written approval of the City Manager or his/her designee, which approval shall not be unreasonably delayed or withheld. The City Manager's or his/her designee's failure to provide written approval or disapproval of any such submittal by Lessee within thirty (36) days shall be deemed approval thereof. The City Manager's or his/her designee's failure to provide such notice shall not relieve Lessee's responsibility to comply with all applicable laws. (b) Lessee shall submit plans, diligently pursue their approval by City in its regulatory capacity, and any other necessary permits or approvals from federal, state, or focal agencies having such oversight, and complete construction of the Proposed Improvements within the first three (3) years of the Term. 11.2 Lessor's Consent. No structures or facilities other than those listed in Section 4 (USE) of this Lease shall be constructed, erected, altered, or made within the Premises without prior written consent of Lessor. Any conditions relating to the manner, method, design and construction of said structures, improvements, or facilities fixed by the Lessor shall be conditions hereof as though originally stated herein. 11.3 Permits and Approvals. Lessee shall be required to obtain, prior to any construction, all permits, licenses or approvals that may be required from any local, state or federal entities. As required by law, Lessee shall obtain, and be responsible for the costs for all building permits and other required permits as may be required prior to the commencement of any Proposed Improvements. If applicable, Lessee shall be responsible, at its sole cost and expense, for compliance with the California Environmental Quality Act ("CEQA") and the California Coastal Act in connection with Lessee's operation and use of the Premises. 11.4 Payment of Costs. Lessee, shall bear all costs and expenses associated with any Proposed Improvements and alterations, including any fees assessed on the Premises by any governmental, or quasi -governmental agency or authority in connection with any regional transportation or other public improvements and school district taxes, development fees and assessments. 11.5 Lessee's Architects and Contractors. All Proposed Improvements and alterations to the Premises shall be designed, selected or constructed, as applicable, by qualified and licensed (where required) architectural. design, engineering and construction firms selected by Lessee. Any contractors and subcontractors hired by Lessee shall be fully licensed and bonded, and shall obtain insurance in an amount and form pursuant to standard industry custom and practice and as outlined in Exhibit "C" to this Cease, and approved by the City's Risk Manager covering the Proposed Improvements or alterations to be constructed. City shall be named as an additional insured on the contractor's and any subcontractor's policies 11.6 Prevailing Wages. If any of the work contemplated under Section 11 of this Agreement is considered a "public work", pursuant to the applicable provisions of the California Labor Code, not less than the general prevailing rate of per diem wages, as provided in the California Labor Code, including legal holidays and overtime work for each HARBOR ISLAND COMMUNITY ASSOCIATION Page 6 11-13 craft or type of workman needed to execute the work contemplated under this Section 11 (CONSTRUCTION AND/OR ALTERATION BY LESSEE) shall be paid to all workmen employed on the work to be done according to this Section 11 (CONSTRUCTION AND/OR ALTERATION BY LESSEE) by the Lessee's contractors and any subcontractor. Lessee shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with California labor laws. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Proposed Improvements or any alterations. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. Lessee's contractors and subcontractors are required to obtain the wage determinations from the Department of industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of Lessee's contractors or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 11.7 QualL of Work Performed. All Proposed Improvements and alterations shall be performed in a good and workmanlike manner, shall comply with the plans and specifications submitted to City, and shall comply with all applicable governmental permit requirements and laws in force at the time permits are issued. Any Proposed improvements and alterations shall be performed between 7:00 a.m. and 5:00 p.m, on non -holiday weekdays. 12. LIENS Lessee shall not permit to be imposed, recorded or enforced against the Premises, any portion thereof or any structure or improvement thereon ("Protected Property"), any mechanics, materialmen's, contractors or other liens arising from, or any claims for damages growing out of, any construction of the Improvements, and/or repair, maintenance, construction or alteration of the Premises. In the event any lien or stop notice is imposed or recorded on Protected Property, and such lien or stop notice arises out of, is related to or connected with, or based on, Lessee's conduct, Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against Protected Property. Notwithstanding the foregoing, if Lessee in good faith contests the validity of any such lien, claim or demand, then Lessee shall, at its sole expense, defend against such lien, claim or demand provided that Lessee provides Lessor full defense and indemnity therefrom, and provided Lessee shall pay and satisfy any adverse judgment that may be rendered in connection therewith before any enforcement against Lessor or Protected Property. 13. MAINTENANCE OBLIGATIONS OF LESSEE 13.1 Lessee shall keep and maintain the Premises and the Improvements of any kind which may be erected, installed, maintained, repaired or made thereon in good HARBOR ISLAND COMMUNITY ASSOCIATION Page 7 11-14 condition and in substantial repair at its sole cost through the Term of the Lease. It shall be Lessee's responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair. 13.2 Lessee expressly agrees to maintain the Premises and the Improvements in a safe and clean condition, to the reasonable satisfaction of Lessor and in compliance with all applicable laws. 13.3 If Lessee fails to maintain or make repairs or replacements as required, Lessor shall notify Lessee in writing of said failure. Should Lessee fail to correct the situation within three days after receipt of written notice, Lessor may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration; shall be paid by Lessee within ten (14) days of receipt of a statement of said cost from Lessor. Lessor may, at its option, choose other remedies available herein, or by law. 13.4 Damage to or Destruction of Improvements. in the event of damage to or destruction of Lessee's buildings, facilities, or the Improvements located on the Premises or in the event the buildings, facilities, or improvements located on the Premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Lessee shall restore the Premises to substantially the same condition as immediately prior to such destruction at Lessee's own expense to permit full use and occupancy of the Premises for the purposes required by this Lease, Repair, replacement, or reconstruction of improvements within the Premises shall be accomplished in a manner and according to plans approved by Lessor no later than ninety (90) days following the event or damage to or destruction. Failure of Lessee to complete the repair, replacement, or reconstruction of the structure or improvements necessary to permit full use and occupancy of the Premises for the purposes required by this Lease within the time periods prescribed herein shall constitute a material breach of the terms of this Lease. 14. INSURANCE Without limiting Lessee's duties of defense and indemnification under this Lease, Lessee shall obtain, provide and maintain at its own expense, a policy or policies of insurance of the type, amounts and form acceptable to Lessor. The policy or policies shall provide, at a minimum, those items described in Exhibit "C," which is attached hereto and incorporated herein by reference. Additionally, prior to commencement of construction of the Improvements and/or repair, maintenance, construction or alteration of the Premises, and for the duration of time that they are in the course of performing such Improvements and/or repair, maintenance, construction or alteration, Lessee shall obtain, provide and maintain at its own expense, a policy or policies of insurance of the type, amounts and form acceptable to Lessor. HARBOR ISLAND COMMUNITY ASSOCIATION Page 8 11-15 15. BONDING In the event that the total amount payable by Lessee for construction, repair, maintenance of the Improvements and Proposed Improvements that will exceed Twenty Five Thousand Dollars and 001100 ($25,000.00), Lessee shall obtain, or cause its general contractor who performs the work to obtain, and provide and maintain at its own expense: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid for the Work, in substantial conformance with the form attached hereto as Exhibit "D" and incorporated herein by this reference; and, (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid for the Work, in substantial conformance with the form attached hereto as Exhibit "E" and incorporated herein by this reference. The Labor and Materials Payment Bond and the Faithful Performance Bond shall be issued by an insurance organization or surety: (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California; (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570; and, (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property Casualty. Lessee shall deliver to Lessor, concurrently with Lessee's execution of the Lease with the general contractor for any construction to or Work done to the Improvements, a Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the insurer or Surety issued by the insurance Commissioner which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. ASSIGNING, SUBLETTING AND ENCUMBERING Lessor and Lessee acknowledge that Lessor is entering into this Lease in reliance upon the experience and abilities of Lessee to successfully perform the obligations, terms, and covenants as set forth in this Lease. Lessee shall not mortgage, pledge, hypothecate, encumber, transfer, sublease, or assign its interest in this Lease, the Property, Premises, the Improvements or any structure located on the Premises. 17. STATE LANDS COMMISSION LEASING POLICY Lessor and Lessee acknowledge that the consideration for this Lease and any other terms and conditions provided in this Lease d❑ not necessarily reflect the leasing policy of the State Lands Commission. The method for determining rent provided in this Lease shall not be used for the purpose of establishing rent in any future leases involving filled or unfilled tide or submerged land. 18. NOTICES All notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid. If any notice is sent by registered or certified mail, as aforesaid, the same shall be deemed to have been served or delivered twenty-four (24) hours after mailing thereof as above provided. Notwithstanding the above, Lessor may also provide HARBOR ISLAND COMMUNITY ASSOCIATION Page 9 11-16 notices to Lessee by personal delivery or by regular mail and any such notice s❑ given shall be deemed to have been given upon receipt. 111:M--191:1 City of Newport Beach Attn: City Manager 100 Civic Center Drive Newport Beach, CA 92660 LESSEE Harbor Island Community Association Attn- President 23792 Rockfield Boulevard, Suite 100 Lake Forest, CA 92630 Lessor shall provide access to and/or a copy of the Lease to Lessee and successors upon request to the following office: City of Newport Beach Attn: Real Property Administrator 100 Civic Center Drive Newport Beach, CA 92660 19, MEMORANDUM OF LEASE In order to impart constructive notice of Lessee's obligations under the terms of this Lease, Lessee shall cause any prospective transferee or assignee to sign the "Memorandum of Lease", in a form as shown on Exhibit "F", attached hereto and made a part hereof, and have the signature notarized. The signed and notarized Memorandum of Lease shall be submitted to the City Manager as part of the documentation of the transfer of interest as set forth in Section 16 (ASSIGNING, SUBLETTING AND ENCUMBERING). 20. LEASE ORGANIZATION The various headings and numbers herein, the grouping of provisions of this Lease into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 21. PERMITS AND LICENSES Lessee shall be required to obtain any and all approvals, permits, and/or licenses which may be required in connection with the operation of the Premises as set forth herein including approvals required by the California Coastal Commission. No permit, approval, or consent given by Lessor, in its governmental capacity, shall affect or limit Lessee's obligations hereunder, nor shall any approvals or consents given by Lessor as a party to HARBOR ISLAND COMMUNITY ASSOCIATION Page 10 11-17 this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations.. 22. UNLAWFUL USE Lessee agrees no Improvements shall be erected, placed upon, operated, nor maintained within the Premises, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any regulation, order of law, statute, bylaws, or ordinance of a governmental agency having jurisdiction. 23. INSPECTION Lessor or its authorized representative shall have the right at all reasonable times to inspect the Premises to determine if the provisions of this Lease are being complied with. 24. HOLD HARMLESS 24.1 Lessee hereby waives all claims and recourse against Lessor and the State of California including the right of contribution for loss or damage of persons or property arising from growing out of or in any way connected with or related to this Lease except claims arising from the concurrent active or sole negligence of the State of California or Lessor, or their officers, agents, and employees. 24.2 Lessee hereby agrees to indemnify, hold harmless and defend the State of California and Lessor and their officers, agents, and employees, against any and all claims, (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney'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 Lessee's, Lessee's employees, contractor, subcontractor, agents, guests, invitees, sublessee's possession, occupation or use of the PREMISES, including, without limitation, any claim, liability, loss, or damage arising by reason of: (a) The death or injury of any person or damage to personal property related to the condition of the Premises or Improvements or an act or omission of Lessee or an agent, contractor, subcontractor, supplier, employee, servant, or sublessee of Lessee; (b) Any work performed on the Premises or Improvements including the construction and/or maintenance of the Improvements, or materials furnished to the Premises or Improvements; and/or (c) Lessee's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on the Premises or Improvements by any duly authorized governmental agency or political subdivision. HARBOR ISLAND COMMUNITY ASSOCIATION Page 11 11-18 24.3 Lessee releases and also waives all claims against Lessor for damages arising for any reason other than the gross negligent, intentional or willful acts of Lessor and the State of California or their elected and appointed officers, agents, officials, volunteers, employees. Neither Lessor nor the State of California shall be liable to Lessee for any damage to the Premises, Lessee's nor its residents' property, caused in whole or in part by acts of nature including, without limitation, waves, wind and tidal flows. 24.4 This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 24.5 Notwithstanding any provision to the contrary, the indemnity obligations set forth in this Section 24 shall apply to all claims, demands, damages, losses, liabilities, attorneys' fees, costs, or expenses including those arising in connection with City - controlled tidelands, except to the limited extent such claims arise solely from conditions or events occurring entirely within the City -controlled tidelands that: (1) are wholly unrelated in any way, directly or indirectly, to the Premises; and/or (2) not caused or contributed in any way, directly or indirectly, by the acts or omissions of Lessee or any of its officers, directors, members, agents, employees, contractors, subcontractors, licensees, vendors, suppliers, volunteers, invitees, or any person or entity acting on its behalf or under its direction, control, or authorization. The Lessee's indemnity obligations shall be construed broadly in favor of the City to ensure maximum protection and shall not be limited by any other provision of this Agreement. 25. TAXES AND ASSESSMENTS This Lease may create a possessory interest which is subject to the payment of taxes levied on such interest including but not limited to Revenue and Taxation Code Section 107.5. It is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Premises shall be the full responsibility of Lessee, and Lessee shall cause said taxes and assessments to be paid promptly before delinquency and before any fine, interest or penalty is due or imposed by operation of law. Lessee shall, upon request, promptly furnish to Lessor satisfactory evidence of payment. 26. SUCCESSORS iN INTEREST Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 27. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a HARBOR ISLAND COMMUNITY ASSOCIATION Page 12 11-19 period equivalent to the period of such delay. However, nothing in this clause shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee except as may be expressly provided elsewhere in this Lease. 28. PARTIAL INVALIDITY If any term, covenant, condition, or provision of this Lease is meld by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 29. UTILITIES Lessee shall be responsible for and pay, prior to the delinquent date, all charges for utilities supplied to the Premises including, without limitation, gas, electricity, sewer, water, refuse collection, and telephone service. Satisfactory evidence of such payments shall be delivered to Lessor within five (5) business days of a written request for such information. 30. WAIVER OF RIGHTS The failure of Lessor or Lessee to insist upon strict performance of any of the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessor or Lessee may have and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Lease. 31. DEFAULT IN TERMS OF THE LEASE BY LESSEE 31.1 Events of Default. The occurrence of any one (1) or more of the following events shall constitute a material default and breach of this Lease by Lessee: (a) The maintenance of the Premises in violation of any applicable provisions of this Lease, City's Municipal Code and Zoning Code, State Law, Federal Law, and/or the Lessee's CC&Rs; (b) The failure by Lessee to make any payment of Rent when due if the failure continues for ten (10) calendar days after written notice has been given to Lessee. in the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statutes, such Notice to Pay Rent or Quit shall also constitute the notice required by this paragraph; (c) The failure by Lessee to perform any of the provisions of this Lease and any Exhibits attached hereto to be performed by Lessee, if the failure to perform continues for a period of thirty (30) days after written notice thereof has been given to Lessee. If the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be in default if Lessee commences the cure within said thirty (30) day period and thereafter diligently prosecutes the cure to completion; or HARBOR ISLAND COMMUNITY ASSOCIATION Page 13 11-20 (d) The making by Lessee of any general assignment, or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement of any law relating to bankruptcy unless the same is dismissed within sixty (60) days; the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Property or of Lessee's interest in the Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Property or of Lessee's interest in the Lease, where such seizure is not discharged within thirty (30) days. Notices given under this paragraph shall specify the alleged default and the applicable Lease provisions, and shall demand that Lessee perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time. No such notice shall be deemed a forfeiture or a termination of this Lease unless Lessor so elects in the notice. 31.2 Lessor's Remedies. In the event of any default by Lessee as defined in this Lease, Lessor may, in addition to any rights or remedies permitted by law, do the following: (a) Terminate Lessee's right to possession of the Property by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Property to Lessor. In such event, Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including, without limitation, the following: (i) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of the loss that Lessee proves could be reasonably avoided: and (ii) Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform obligations pursuant to this Lease or which in the ordinary course of things would be likely to result from the breach, including, without limitation, the cost of recovering possession, expenses of reletting (including necessary repair, renovation and alteration, and any other reasonable costs. The "worth at the time of award" of all rental amounts other than that referred to in clause (i) above shall be computed by allowing interest at the rate of five percent (5%) per annum from the date amounts accrue to Lessor. The worth at the time of award of the amount referred to in clause (i) shall be computed by discounting such amount at one (1) percentage point above the discount rate of the Federal Reserve Bank of San Francisco at the time of award. (b) Without terminating or affecting the forfeiture of this Lease or, in the absence of express written notice of Lessor's election to do so, relieving Lessee of any obligation pursuant to this Lease, Lessor may, but need not, relet all or a portion of the Property at any time, or from time -to -time, and on such terms and conditions as Lessor, HARBOR 1SLAN❑ COMMUNITY ASSOCIATION Page 14 11-21 at its sole discretion, deems appropriate. Whether or not the Property is relet, Lessee shall pay all amounts required by this Lease up to the date that. Lessor terminates Lessee's right to possession of the Property. Lessee shall make such payments at the time specified in the Lease and Lessor need not wait until termination of the Lease to recover sums due by legal action. If Lessor relets all or a portion of the Property, the reletting shall not relieve Lessee of any obligation pursuant to this Lease; provided, however, Lessor shall apply the Rent or other proceeds actually collected by virtue of the reletting against amounts due from Lessee. Lessor may execute any Lease reletting all or a portion of the Property and Lessee shall have no right to collect any proceeds due Lessor by virtue of any reletting. Lessor shall not, by any reentry or reletting or other act, be deemed to: (i) Have accepted any surrender by Lessee of this Lease or the Property; (ii) Have terminated this Lease; or (iii) Have relieved Lessee of any obligation pursuant to this Lease unless Lessor has given Lessee express written notice of Lessor's election to do so. (c) Lessor may terminate this Lease by express written notice to Lessee of its election to do so. The termination shall not relieve Lessee of any obligation which has accrued prior to the date of termination, In the event of termination, Lessor shall be entitled to recover the amounts specified in this Lease. 31.3 Waiver of Right of Redemption. Lessee waives any right of redemption or relief from forfeiture pursuant to California Code of Civil Procedure Sections 1174 and 1179 and/or pursuant to any existing or future statutory or decisional law in the event Lessee is evicted or Lessor takes possession of the Property by reason of Lessee's default. 32. RESERVATIONS TO LESSOR The Premises are accepted "as is, where is" by Lessee subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, and along the Premises or any part thereof as may be necessary to serve the Premises and/or Harbor Island, and to enter the Premises for any and all such purposes. Lessor also reserves the right to grant franchises, easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Premises as may be necessary to serve the Premises. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon the completion of any construction. HARBOR ISLAND COMMUNITY ASSOCIATION Page 15 11-22 Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any or all of the Premises by Lessee, the rental shall be reduced in proportion to the interference with Lessee's use of the Premises. 33. DISPOSITION OF ABANDONED PERSONAL PROPERTY If Lessee abandons the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to Lessee and left on the Premises fifteen (15) calendar days after such abandonment or dispossession shall be deemed to have been transferred to Lessor. Lessor shall have the right to remove and to dispose of such property without liability therefor to Lessee or to any person claiming under Lessee and shall have no need to account therefor. 34. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of this Lease for any reason, including but not limited to termination because of default by Lessee, Lessee shall execute, acknowledge, and deliver to Lessor within 36 days after receipt of written demand therefor, a good and sufficient deed whereby all right, title, and interest of Lessee in the Premises is quitclaimed to Lessor. Should Lessee fail ❑r refuse to deliver the required deed to Lessor, Lessor may prepare and record a notice reciting the failure of Lessee to execute, acknowledge and deliver such deed and said notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee in and to the Premises. 35. LESSOR'S RIGHT TO RE-ENTER Lessee agrees to yield and peaceably deliver possession of the Premises to Lessor on the date of termination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to Lessee, Lessor shall have the right to reenter and take possession of the Premises on the date such termination becomes effective without further notice of any kind and without institution of summary or regular legal proceedings. Termination of the Lease and re-entry of the Premises by Lessor shall in no way alter or diminish any obligation of Lessee under the Lease terms and shall not constitute an acceptance or surrender. Lessee waives any and all right of redemption under any existing or future law or statute in the event of eviction from or dispossession of the Premises for any lawful reason or in the event Lessor re-enters and takes possession of the Premises in a lawful manner. All Improvements constructed or placed within the Premises by Lessee must, upon completion, be free and clear of all liens, claims, or liability for labor or material. HARBOR ISLAND COMMUNITY ASSOCIATION Page 16 11-23 37. WASTE OR NUISANCE Lessee shall not commit or permit the commission of any waste on the Premises. Lessee shall not maintain, commit, or permit any nuisance as defined in Section 3479 of the California Civil Code on the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, including, but not limited to, any use that violates City's charter or Municipal Code. 38. HAZARDOUS SUBSTANCES 38.1 From the Commencement Date and throughout the Term, Lessee will not use, occupy, or permit any portion of the Premises to be used or occupied in violation of any Hazardous Substance Laws. Notwithstanding any other provision in this Section 38 (HAZARDOUS SUBSTANCES), Lessee is not responsible/liable for any Hazardous Substances that are brought on to the Premises, through migration or other means, by third parties not associated with Lessee. 38.2 Notwithstanding any contrary provision of this Lease, and in addition to the indemnification duties of Lessee set forth elsewhere in this Lease, Lessee indemnifies, defends with counsel reasonably acceptable to Lessor, protects, and holds harmless Lessor, its elected officials, officers, employees, agents, attorneys, volunteers and representatives from and against any and all losses, fines, penalties, claims, demands, obligations, actions, causes of action, suits, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs), damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the Lessor, its officials, officers, employees, agents, attorneys, volunteers or assigns may sustain or incur, or which may be imposed upon them, in connection with any breach of Lessee's obligations or representations in this Lease or the use of the Premises under this Lease, arising from or attributable to the Lessee Parties (defined below) storage or deposit of Hazardous Substances in violation of Applicable Laws. This Section is intended to operate as an agreement pursuant to Section 1 Q7(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify Lessor for any claim pursuant to the Hazardous Substance Laws or the common law. 38.3 Lessee does not, and will not, authorize any third parry to use, generate, manufacture, maintain, permit, store, or dispose of any Hazardous Substances in violation of Applicable Laws on, under, about or within the Premises. 38.4 Upon expiration or earlier termination of this Lease, Lessee shall deliver possession of the Premises in compliance with Hazardous Substance Laws subject to the last sentence of Section 38.1 above. 38.5 If during the Term of this Lease, Lessee becomes aware of (i) any actual or threatened release of any Hazardous Substances on, in, under, from, or about the Premises in violation of Hazardous Substance Laws; or (ii) any inquiry, investigation, HARBOR ISLAND COMMUNITY ASSOCIATION Page 17 11-24 proceeding, or claim by any government agency or other person regarding the presence of any Hazardous Substances in violation of Hazardous Substance Laws on, in, under, from or about the Premises, Lessee shall give Lessor written notice of the release or inquiry within five (5) calendar days after Lessee becomes aware or first has reason to believe there has been a release or inquiry and shall simultaneously furnish to Lessor copies of any claims, notices of violation, reports, warning or other writings received by Lessee that concern the release or inquiry. 38.6 If the presence of any Hazardous Substances brought onto the Premises by Lessee or Lessee's employees, agents, sublessees, licensees, concessionaires, contractors, or invitees ("Lessee Parties"), or generated by same during the Term of this Lease, results in contamination of the Premises or adjacent properties or the Newport Harbor in violation of Hazardous Substance Laws, Lessee shall promptly take all necessary actions, at Lessee's sole expense, to remove or remediate such Hazardous Substances in full compliance with Applicable Laws. Lessee shall provide notice to Lessor prior to performing any removal or remedial action. Lessee shall not propose nor agree to any covenant of use restriction as part of any removal or remediation required as a result of this provision without Lessor's written consent. Lessee shall pay any costs Lessor incurs in performing Lessee's obligation to clean-up contamination resulting from Lessee's operations or use of the Premises. Any amounts not paid when due shall be subject to late charges and delinquency rates as provided in Section 10 (CHARGE OF LATE PAYMENT), (a) Should any clean-up of Hazardous Substances for which Lessee is responsible not be completed prior to the expiration or sooner termination of the Lease, including any extensions thereof, then Lessee shall transfer the amounts required to complete clean-up into an escrow account, together with Lessor -approved instructions for the disbursement of such amount in payment of the costs of any remaining clean-up as it is completed, and (ii) if the nature of the contamination or clean-up required of Lessee is of such a nature as to make the Premises untenable or unleaseable, then Lessee shall be liable to Lessor as a holdover lessee until the clean-up has been sufficiently completed to make the Premises suitable for lease to third parties. The estimated cost of the clean- up shall require approval of the Lessor. (b) If Lessor determines, in its reasonable discretion, that Lessee does not have insurance or other financial resources sufficient to enable Lessee to fulfill its obligations under this provision, whether or not accrued, liquidated, conditional, or contingent, then Lessee shall, at the request of Lessor, procure and thereafter maintain in full force and effect such environmental impairment liability and/or pollution liability insurance policies and endorsements, or shall otherwise provide such collateral or security reasonably acceptable to Lessor as is appropriate to assure that Lessee will be able to perform its duties and obligations hereunder, 38.7 Lessee's obligations in this Section 38 (HAZARDOUS SUBSTANCES) shall survive the expiration or earlier termination of this Lease. HARBOR ISLAND COMMUNITY ASSOCIATION Page 18 11-25 39. SURRENDER OF PREMISES At the expiration or earlier Termination of this Lease. Lessee shall surrender to Lessor the possession of the Premises. Lessee shall leave the surrendered Premises, required personal property and fixtures, in good condition, reasonable wear and tear excepted. All property that Lessee is not required to surrender, but that Lessee does abandon shall, at City's election, become City's property. 40. TERMINATION Lessor may terminate this Lease by giving Lessee thirty (30) calendar days written notice. If Lessor terminates this Lease, Lessor may recover possession (which Lessee shall surrender and vacate upon demand) and remove all persons, and property and Improvements. Lessor shall be entitled to recover the following: 40.1 Unpaid Rent, Additional Rent or other charges which had been earned at the time of termination; 40.2 The amount by which the unpaid Rent, Additional Rent or other charges which would have been earned after termination until the time of award exceeds the amount of such foss that Lessee proves could have been reasonably avoided; 40.3 The amount by which the unpaid Rent, Additional Rent or other charges for the balance of the Term of this Lease after the time of award exceeds the amount of such foss that Lessee proves could have been reasonably avoided: 40A Any other amount necessary to reasonably compensate Lessor for the detriment proximately caused by Lessee's failure to perform its obligations under this Lease: 40.5 At Lessor's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time -to -time by applicable California law: and 40.6 Lessor shall also be entitled to an award of the costs and expenses (including, without limitation, actual attorneys' fees and costs) incurred by Lessor in maintaining or preserving the Premises after default, preparing the Premises for re -letting, or repairing any damage caused by the act or omission of Lessee. The amounts referred to in "(A)" and "(B)" above shall be computed by charging interest at ten percent (10%) per annum from the dates such amounts accrued to Lessor. The amount referred to in "(C)" above shall be computed by discounting such amount at ten percent (10%) per annum. 41. COMPLIANCE WITH ALL LAWS Lessee shall, at its sole cost and expense, comply with all statutes, ordinances, regulations, requirements, directives, orders, mandates. conditions, or any other official instructions or pronouncements of all governmental entities, including federal, state, HARBOR ISLAND COMMUNITY ASSOCIATION Page 19 11-26 county or municipal, whether now in force or hereinafter enacted, including, without limitation, those from the California State Lands Commission or its successor agency. In addition, all work prepared by Lessee shall conform to applicable city, county, state and federal laws, including the Beacon Bay Bill, rules, regulations and permit requirements and be subject to approval of the City Manager or their designee. C��'�sll►L�� The waiver by either party of any breach or violation of any term, covenant or condition of this Lease, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Lease, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Lease or any applicable law, ordinance or regulation. Ck�Y�►��:L1-JL��`J 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. 44, APPLICABLE LAW This Lease shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Lease. Any action brought relating to this Lease shall be adjudicated in a court of competent jurisdiction in the County of Orange. 45, ENTIRE AGREEMENT; AMENDMENTS 45.1 The terms and conditions of this Lease, all exhibits attached, and all documents expressly incorporated by reference, represent the entire agreement of the parties with respect to the subject matter of this Lease. 45.2 This Lease shall supersede any and all prior agreements, oral or written, regarding the subject matter between Lessee and City. 45.3 No other agreement, promise or statement, written or oral, relating to the subject matter of this Lease, shall be valid or binding. except by way of a written amendment to this Lease. 45A The terms and conditions of this Lease shall not be altered or modified except by a written amendment to this Lease signed by Lessee and City. 45.5 If any conflicts arise between the terms and conditions of this Lease, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Lease shall control. HARBOR ISLAND COMMUNITY ASSOCIATION Page 20 11-27 45.6 Any obligation of the parties relating to monies owed, as well as those provisions relating to limitations on liability and actions, shall survive termination or expiration of this Lease. 45.7 Lessee has relied on its own inspection of the Premises and examination of this Lease, the counsel of its own advisors, and the warranties, representations, and covenants in this Lease. The failure or refusal of Lessee to inspect the Premises, to read this Lease or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice. 46. TIME IS OF THE ESSENCE Time is of the essence for this Lease. 47. INTERPRETATION The terms of this Lease shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Lease or any other rule of construction which might otherwise apply. 48. HEADINGS The captions of the various sections of this Lease are for convenience and ease of reference only and do not define, limit, augment, or describe the scope, content, or intent of this Lease. 49. GENDER; NUMBER The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the neuter, and each includes corporation, partnership, or other legal entity whenever the context requires. The singular number includes the plural whenever the context so requires. 54. EXHIBITS All exhibits to which reference is made in this Lease are incorporated by reference. Any reference to "this Lease" includes matters incorporated by reference, 51. MEMORANDUM OF LEASE AGREEMENT A Memorandum of Lease Agreement, in a form and content similar to that contained in Exhibit "F" shall be recorded by the parties promptly upon execution of this Lease. Upon execution by both parties, the Memorandum of Lease Agreement shall be recorded against the Premises in the office of the Orange County Clerk -Recorded, as required by Government Code Section 37393. HARBOR ISLAND COMMUNITY ASSOCIATION Page 21 11-28 52. NO ATTORNEYS' FEES The prevailing party in any action brought to enforce the terms and conditions of this Lease, or arising out of the performance of this Lease, shall not be entitled to recover its attorneys' fees. 53. NONDISCRIMINATION Lessee, for itself and its successors, agrees that in the performance under this Lease, Lessee shall not discriminate against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Government Code Section 11135. 54. NO THIRD -PARTY BENEFICIARIES City (both as a Lessor and as the City of Newport Beach) and Lessee do not intend, by any provision of this Lease, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Lease, to the other party. 55. LAWS It shall be the obligation of Lessee to comply with all laws, statutes, rules, and regulations including, but not limited to, State of California labor laws, rules and regulations and the parties agree that City shall not be liable for any violation by Lessee (or Lessee's agent, sublessee or any party affiliated with Lessee) thereof. 56. NO DAMAGES Lessee acknowledges that City would not enter into this Lease if it were to be liable for damages (including, but not limited to, actual damages, economic damages, consequential damages, lost profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use) 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, and CEQA documents. Accordingly, Lessee covenants and agrees on behalf of itself and its successors and assigns, not to sue City (either in its capacity as Lessor in this Lease or in its capacity as the City of Newport Beach) for damages (including, but not limited to, actual damages, economic damages, consequential damages, lost profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use) or monetary relief for any breach of this Lease by City or for any dispute, controversy, or issue between City and Lessee arising out of or connected with 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, the parties agreeing that declaratory relief, injunctive relief, mandate and specific performance shall be Lessee's sole and exclusive judicial remedies. HARBOR ISLAND COMMUNITY ASSOCIATION Page 22 11-29 57, GOVERNMENT CLAIMS ACT Lessee and City agree that in addition to any claims filing or notice requirements in this Lease, Lessee shall file any claim that Lessee may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.), or any successor statute. 58. COUNTERPARTS This Lease may be executed 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. [SIGNATURES ON NEXT PAGE] 11HAW. 0]:96-1WWD1�1��JWLI�llJll�filr���I�lilLL�itl Page 23 11-30 IN WITNESS WHEREOF, the parties have caused this Lease to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t Q 1 Z '1 .l Z S By: Aar n C. Harp �i ,�i Cit Attorney ° A� ATTEST: Date: BY: Lena Shumway City Clerk LESSOR: CITY OF NEWPORT BEACH, a California municipal corporation and charter city Date: By: Grace K. Leung City Manager LESSEE: HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation Date: BY: Heather Madden President Date: By: Michael Hayde Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Property and Premises Depiction Exhibit B — Proposed Improvements Exhibit C — Insurance Requirements Exhibit ❑ — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Exhibit F — Memorandum of Lease HARBOR ISLAND COMMUNITY ASSOCIATION Page 24 11-31 EXHIBIT A PROPERTY AND PREMISES DEPICTION HARBOR ISLAN❑ COMMUNITY ASSOCIATION Page A-1 11-32 '. '. ;. ..'. " :.,..I..f -33 11-34 EXHIBIT B PROPOSEDIMPROVEMENTS HARBOR ISLAND COMMUNITY ASSOCIATION Page B-1 11-35 1 HARBOR ISLAND BRIDGE NEWPORT BEACH, CALIFORNIA BRIDGE RETROFIT SYMBOL ABBREVIATIONS - - - COVERL III A CURVE DELI{ 1191C LINE app•w APPROCILIA rE • ►-- Er l.r ItLECIRICAL LINE a111 BY awlwli1 OEDIR MIDDL -�- fnILT O45 I INC OF; 9EGIN CL`nvL - .- Er'[, SEINER LINE 4+CIq 9UILOIND -- -R[- EAT[+ 3FOr1Y OR.IN HOT OQTTOM ---•- Ea If1 rELEPNDI( LINE CIDH Cent CAST- IN-ORI L I FO•HVLE CON 1' 'NEWS wa1ER .11( C1 CLERIC YARD Q CALL BOi E CAST DRAIN INLET CA ':AC" I ELFGTRIE EASINE1 ED EC LNO IWIDGL f.NO CIANE ELECTRIC wwlfAf LIeN ELEVAT MEN 0 ELEf1p11 PEDESTAL E+.i. E%ISr1Nc ELECTRIC PULL BOIL FF TIN15HE0 ORADF 8 ELECTRIC YENI TS FAH 510E Q Lq$L BID Harp ID NOR 170NTAL INSIDE D1AMEtfA IRRIGATION CIMNIROL IKO, LENGTe ii SEWER CLEAN Our IS P"MI 0 SE IRA AIIWYDLE LF LIRE LR r E [ r Q STOFME DRAIN NMNEAE Mtu Yin WXIWAI YINlMW • STREET 1Ir."I H WIATH TALE PRONE AILRf10LE No. NAWFF 17 IELEPPA NE PEOEST.L MIS 06 NEAR SIDE ORIGH&L GROUND iRAFF 1E SIGNAL R W pus, [� TREE ALine pCIMPICACEAENI RATER Id[FER R. ROAD ® WATER VALVE 5 SOUTH �-� Sl EtIfIR VIERTIEjGLT1O11 SEE 5CG SOUTHERN CALIFORRIA EDISON 5WTNERN LA FERNiA LAS y 50F T SOIIARE I,00 1 IMOERr TOP TOTAL TYD IfPICAt YN„ VERTICAL • WEST 4'* Ly2pA • 35Li HARBOR •ISL AE[D r � "��a ~�yl twl.d l i AR16R I SLAHD DNIDCE BAY ML ANA LOCATION MAP NOT TO SCALE N•Pnr� NFM'K7RT FGICR .x A•FURMT deA IN [v 11AA- a n.. 1Y TFn r. w �.. ...�r .� �.•w�.v r.r..s. •w N .eY: � "•••` " �WR Lv...q A.r �r A.A NryxY rM wnq• [r I. xpN N ti erNr s F •�.rr HmNCNI ISL AINI NO OR IOGE r Clo FFOOD L.10RX ITT A550111i1OIN QUANTITIES DESIDH: ALSHTO Rio BNICIGL LE SIGN WE C IF ICATjj)k$, $Tr. (DI FION WI10 CAL TRANS AMFWFdWX TS, PRE+ACE DATED APR IL 201 S. SEISMIC DCSIGNI CAL+RAMS SEISMIC pc SIGN CRIIE R IA jt. C . Y[R910N 20.0 4A1fG APRIL 70". DEAD LDAW I KCLUDES 35 PSF FOR FUTLFIE TEARING SLOFACL. LIVE LOADING. HL•93 WITH "LO. S10* AND PERMIT DE51 GN L[4LDIMG. xL-73 DESIGN LOW CAVERNS OVER THE 25 FOR ZMERGCNCr YEHI ELE DCSI DN LOAD REWIRED gF THE Err, Or NEWPORT %ACH. SEISMIC LOADINGI 501L PRDFiLF: CLASS S21 Ye3O . -)TO Ntf4 SAFEFI EVALUATION EARINOUA.f 075-rEAR RETURN PERE001 LIDME AT MAGRI TUN M'NOA - 6.6 PEAR GRUND ACCELERATiOR: 0.4" iT ,•� 5Y DAMPING � 1.r La 3 D.e B.r D.n 0.0 1.0 r.0 3.0 A.D 'j.o PCRIDU ISECOMISI EYLRClIONAL EY.LUAFIDN [.Ri NDLFANE 12 rS-rE AF RETLAM PCR;L10l YDL(HT MAgHt IbbEr LAPO• &N5 PLAN GROLINI ACCEL ERAIION: 0.2712 - St DAI►I MD j 6.9 0.6 I.D 2.0 1.0 •.D 5.0 PERIOD ;RI%11QS1 aE lxr DICED CONCRETE= ry 60 NAi EEPOR+ tOATFDI r'[ S o R11 ipN BEki iA✓'S = 5.0 rA: Fry+ C104 I lkil 00018TRUCTION NOTES 1• THE SCOPE OF WORK TNCLUDFS THE SEISMIC RETROFIT OF THE HM&OR 15F4IID -I 2U,E. SrRLICTLATAL 141PROVEME14I6 IRCIWE OUT 15 NOT LIMITED rkT CAPST0. INSTALL ARurlilri SFAI F RdllbA}14N}, R,111,N REND AL Tiro REPLACEMENT. AEND INSTALLRAflCHIEECTTLLAALLE CLAMAIC. .. AN ENCHOACNMENT PERMIT 15 REWIRED FOR ALL AI wITNIM INN PUBLIC RIGHT-OF-IIAT. REP WORK EMLL DCCIYf WITHIN 711E PUBLIC 010Hr-PF-r.T ON HAROOR ISLAND R0AO, 5• ALL UT IL ALES SHALL AE P11D1EC1ED IN PLACE. ANY' DAMAGE TO Cr" FAt ILIFLES SHALT !E REPAIRED TO THE SAT1SFAt71dl OF THE KALIF WO,145 AND U111 ITTC5 DEPARTMERFS. A. ANY DAMAGE TD ILNCLUDING Dlll fIDI LIMITED TOI LANDSCAPING MREE5, AND MALKHCADS SIIAEL RE REPAIRED 10 THE SATISFACI ION Ep 1HE EI1T OR OWNEIT OF THE IMIRMYEWN T5. 5. THE AND" 5u.E RS OIIMLYIAYE INNCLLpING W? NOT LIMITED TO THE PAV+NG, CURDS, FILL, DECK PANELS, GIRDERS, AND DIAPHRAGMS SHALL BE PRO]ECTED IN PLACE. E. FOR ALL REFERErsCO CALTAMS SIANDARO PLANS, L+SE THE '07Y EDITION. f6. [AST-IN-ORiLLEtl-HOLE CVFCREIE RILIME a57 LF rLAw w. r iNCL 1, 1 ACOEO $PECLEL IN$PEi.7fCMN$ N7DE i�fD0F2oi0 SFfluCtURAI CONCRF II, MIME 65 CT IAI TEL THE CONTxACHj- •i�:.. I ALL (1}IYHy1LLING FH-LY BABIi Of BEARINGS OR1LL ANO REND DAWEL am AEI NFORCIIID STEEL fEP0K1 COATEOI IBRIOGEI ]29 LF E],ST6 l05 SHEET INDEX DIME RSlORS eFF ir�• - -� .N FAOR1C.11N6 ANI YA iC RI AI. EMHAGEACT YE►lRNOMQ I'lum"Re ALNIec. •Iv CRLwPDY+eS vo.« Kww An M r.Tr 1K [+YN IF.wI. Cxpyl..l. S"TEY Pf Iu], ForA L: X-1-11N.c[uRow IT. ,NL [ A-1. n 1.Lfk[E c1o1PL[ ,ICI IONS NA,, L .,do =NvI41I5 ,wL uuo WCLLLT LPDII f lio-oLE[A.L. '+E .RLL.w1ey MCA, IFOPKr. V.11aL µrEACK I K1bLN. DR EOW,4L[•1 %T.rIfMK% HC ADEtl BAR REINF➢11CFME NT BRIDFF REMOVAL REPLACE RAILIr16 144 EL ,1� 5MM 10A IF 1. TITLE Sx pFr P� RE rNL LE IA;IS �- GEK RAL TAN Hv. + v, �LAODIHO OE 1AIL5 ,. GENERAL PLAN Np. Y 1Lj. LOG OF ZEST RCF1I INDS 1 OF 2 .TAN rFl[r«e{ MV.N• [`Ir WlEr(YII N.CF V' ILL 1164 OY RISIAN iAfIRRS ••I�Lb idle i FAI501vilA NO • ir,HHIF Lai rWW `F" H FF+ .I T 1 }f1. I11Y =1 AM-.C11 1FLe]Ha l+tr LAAEI MG'. AO IFINV ME•7N11 lAW[c•Y-LY�Y ffml .R+-aTnR IrIpI 14WrxINc 0[sealFT wN 2r NTfl.fr ER.AFSL.FK O[3 •lr.rtNu S, AYIw r• zl ff+IKl_Ii A,PPM+[-1r ,ICI R[rjK,PF 1FNTpy Sx1 ? Isle..• Rol .A .(r �s sRwENer 1*.*� I .wFl ..e s sr[!N[E ll.T1D1 AHCRI TE C I ARAL CL.DOIMG RELOCATE PNIOOE HEiGr1 SIGN REPLACE %1Lx1 LIY41 SIGN FIRE DFvaH1YF NT ACCESS SIGN 52} 50F1 2 EA 1 EA 5 F.A A. FGWDAIIDN PLAN i1, LDL W LEST BOAIxDS P OF 2 S. ABOr1ERr DETAILS 1Y. LANDSCAPE PLAN E• BENT LAVDLT 1J. LANDS{APE OFT.ICS 7. RE N1 DETAILS �,Pr"r,y4� - i rr _.ATM 5yx.�w*.a., �^^ A^R U RiPT .r.„II IHn.re-15PS ` wAr r..urns..mN aIIWa..,- W I�•f r HARBOR ISLAND BRIDGE NEWPORT BEACHa_CALIFOR NIA BRIDGE RETROFIT •... .1fIFAr.ARa, BENCHMARK 5 CALL ■DLL FRrtE FI�NE •ae uw, �I[R yap I. I wE, pF rI( ,glrH H[NI," 4.14M plTw V .SIRE N[NeRYw.l+l D. -TWA W.I A�ni.r5•IEo nLiM a.•iirnx.Trrsu,Lia 1.Cf,I .-Err 1.800. 227.2600 Yw[ 4L,.,IvI II L.1 +Lw LL"FALO NMt.I1 NI[S AN L-� r1,.7F le,l I BEFORE TOM OLD t -- I-1n• Ro3 AFUT w y1>< 1•wlo 1-•NTS rr.F- [. [uc Ufa M]1M L• AMyN Id"VIN W a.1 •1115 LC'LY OL LL W Yi A f'KL, w a urslx W W'Sgw R,�'•• w.r7ln1 .Llesp[F. TITLE SHEET of �, 11-36 BB 1 70' v r 10'_ _ • NS A FS, ILA A HICM ribi —BENT CAP E+Efr RE ]PINING 7 INS A FS, yf WFTCR NETROFIT. Tju NAL L, Trp TYp NS a F 5 3 F ter 7,7_ 3Q' CIBX Pour AT E10E L90,B PILL, T7 ❑ m ry `�1 NAT — Eler -2.sr 5.T5• RE 1RpF ITt Trp �w — 1F—^ Acu* g - •pprmr Fr. L3 i 1 j� RENT L HEN] 3 1 y `ORE DGE LlwE a SEHI i EUDL Ild BENT S 1I 11.L_. r Ia 6 5CE NOTE 1 26" •uD 1FDD ELEVATION = 10'-O" F6 NOTf Se ' - 1. THE BIi1DGE IS OE51GRED FOR A FIMl5HEi1 WADE ELEVATION EDEIAL TO THE SHOWN DRFOOF L[NE. FtJrURF CIREAGING SHALL ND) FALL BELOW THE S✓HO*N GRE D6E LINE. 7. TnE FREEBOARD IS MEASURED FROM THE LDWST BOTTOM OF GIHOER ELE'A11DN 10 THE HIGH TIDE WATER ELEVAiI:'•. ..{ (l) F.XISTIRG BRIDI:E RAILING 4PN0%0 IN PLACEI. Q] REPLACE EXISTING CHAIN RAILING WITH CAERE RAIL LNG, AELOC►TE BRIDGE NE IGR] SIGN FROG EAf ST LNG SENT PILE:. = TO 15' CIOH PILES. d EX[STING BRIDE MOUNTED LIGH7I14 (PROTECT IN PLACEI. (S) EXISTING WEIGH] LILIl SIGN lO BE REPLACEO YLIH A SIG;, AW7• C SIMILAR IN 512E AHD APPEARANCE THAT READS. "HARBOR ISLAND COWERC i At VEHICLE VIE I6l41 L14III :D TONS'. (� INSIALL NEW SIGN BENEAIX *EIGHT LIMIT SIGN WITH A SIGN 51YILAP IN 5ETE AND APPEARANCE 1NAT READS, 'FIRE aEPARTYENI ACCESS BRIDGE ALL Cl FY EIERGEMf"r VE IIICLES AND APPARATUS MLLLNaLD". V INSTALL ARCNITE00EEAL CL&MIW TD COVER LA151 ING EVP05CD EDNCRFEE CURB AND PRECAST OECk PANELS. SEE "CLADDING CETAEL S.SHEET FOR ADDITIONA, 11FORM&;TON. LEGENnt LELM I fR OF PIEE RE WV At IPaliI IONI �J DSRE:CI M cA TRAF f II AOJUDICATEa YEAR HIGH US BuLNHEAD LINE 1 TIDE L 1ME PER R•5.$. 97I1+ Itt{ AND O.R. TRI-10 _-JS 9D LINE R.5.6. PER R.5.6. 146133 � Si 589'?�'� E>1aT GUARD B,dg E.;Ar RETAINIMG WALL Exist RETAINING NALI U', 1 L ` t0 µAP,>� tayl7t9 Ny I .� •A S MARSWHA ISLAND G.06 I 1 — EC 5.71 .41 DOYIER IE LrEHML_€ 17.32 EC 1+90.55 1 E X4RBpR Q BC 3+52.90 rPORI 2p TONS 1 1' T• ISLAND Ra i Tq AE 2,_ I f IRf DERARiIENi A� 0 1 ACCESS ERESDGE � tr91,8T lev 15.94: Elsr tT,3p: B 3r5 .18 EM;er GA[i ALL CITY EIIERCEN[Y E le, 14.ip� I Elry SS.OSi E.;rr APPARA1115 ALLDN'EO EL u 51, 751 E1er 15.01. RE FAIRING NAIL EriEr RETAINING HALL E.let PUMP STATION PLAN Cu9YE oar+ d R = Ba aoR - 6D oo e= iaT43'2B' e= L T+4D , T 1 . E a 9, }3' L = 40.55 4a.55' L � 16.51- NDTET THE COHtAA{TOR SMALL VERIFY ALL DLWTFKXLIIC. CIELB OIAEN519N5 BETORE ORDERING OR FARRICASING ANT MATERIAL. 11-37 VARIES ( XARBOR 2" TO !F' T 15L AND Rd E.iai ASPHALT �I'-O"T FAV14G 1 6 T � � xf P i i Er:aT FILL i w � i Eels, PRECAST CONCRETE S 9 _ DECK PANEL, TyP EA1W, BEN. PILE, Typ SEE NOFE S - (A j— - TYPICAL SECTION 1 -❑ E-15t STEEL DIAPMRAGM, 1yp xlbf SICEL GIRDER, TYA �E%iei BENT CAP IPROT[0 IN PLACEI .BENT LAP T TON OF BENT CAP, W C10H PILE, IYO �Appr� OG LEGEND: ® LIM115 OF PILE REMOVAL IPOR€ION) NDTE SF STRUCTURE DEPTH SHOW DOES NOT INELIIDE THICKNESS DF E'AISTING ASPHALT PAVING, APPMltIBATf OG ?. TOE VIDE CIAR OFF THE SOUTH SIDE OF THE BRIDGE IS TO COVER AND PROTECT 10E BENT EI9V ITT( UTILITIES AND IS NOT A PEDE 5 TRIAN PATHVAT. ? 1,59 3, IKI5T ING BE Ni PILES 10 BE FIE hKVA0 TD OR I GI NAIL GROUND, FON APPROkTAIA Ff ORFOI HAL I •3•fi9 GROUND ELf VATIONS, SEE TABLE ON IHI5 SMEE T. 4 S. FOR ROTTO/ C'F BENT CAPrPILE CUTOFF ELEVATIONS, SAIL FOUNDATION PLAN" SHEET. 5 2.61 aI F-ISTING BRIDGE RAILING (PROTECT IN PLACEI. `+ E•iSTING BRUOCE MOLAITEA LIGHTING {PROTECT TN PLACEI, INSTALL ARCHITECTURAL CLADDING TD COVER ":STING EXPOSED CONCRETE CURB AND PRLCAST DECK PANELS. SEE "CLADDING DETAILS' SHEEF FOR ADDITIONAL INFCRMAIILIN. •+G rt..: REV. DESCRi'ROIN SY b,A CONTRACTOR SMALL VERIFY ALL CONTRDLtm FIELD "aE NS IONS BEFORE ORPE R ING OR fABRICAT ING ANY MATERIAL. 7 ADDE0 SPECIAL MBPECTIGHS IYIDE OBfO1T! E.Iat 45PHFLT PAVING CriWT FILL ENitt PRECAST CONCRETE DECK PANEL, €yP E.ict STEEL GIRDER, IVp Ex;%F DENT CAP IPiMTEC1 IN PLACE) BENT CAP SECTION A —A E9151IMG UTILITIES ❑t H' 11IP PATER MAIN (PROTECT IN PLACE I ❑7 2-5" TELf PHOIE (PROTECT IN Pt ACE) QS 1 SCG GAS IPROTf CI IN PLACEI /'" SCE ELECTRIC IPFWTECi IN PLACE] �5 A SEMER IPKTECf IN PLACEI © T" fLECTRIC LIGMIIND IPROTECI IN PL 4CEI �T T'" 1ANKNWM UIILIT■ (PROTECT IN PLACEI © 1' UNAXDNN UIILIT( IPROFECT IN PLACEI 2 VMKIWIMI UTILITY iPR17Tf CT IN PLACE! T AF �N+IEU CO TRAC ORIDNIO [P1A�E lAOK. E! 515H� LLH(IC�HVArfiRE TIDCIEIS TrI L4HEl STRUCTURAL ENGINEER NMEN MIS WORM IS REAL• TOR SIFUC111 AL OBSERy4ilON. CONCRETE RE IAFF ORCCyyNG STEEL. pBREADED STRUCIURAL ANCMORACES PRIOR q TO PL ACE 14ENT DP CDNCRE TE, {T4 CIGn PILE CONSTRUCTION SPI CI.1 1aISPFGi 1LMI5_ M 1 4CCCOADANJE APIAIdCREQUIRED FOR THIS CHAPIER 1I SPECIAL NSPECCI ilONS SRALLR$ RFIAI O W 8T A SPECIAL INSPECTOR •PPROVE6 BY THE OWNER AND I. OYEO BT 1HE I - CONTRACT OR. ■ 2. THE DR $HALNRT IF ITD E 1NTEANATIONAL COOS CY[FOM EEUNACIL IC1D 1]00 PECUD4 REPORTS 3. TOE UioR �IXE EX6PN[Ep�ALLSMALL 0l!SCREPAMCIf SS SHALL 8E BROUCHfUO 1EHEILNCMEDIATE ATTENl jON OF THE CONTR.0 iGp AND ONTO FOE+ CIX7R{Ci]DN. A. THE 5PECTAL INSPECTOR SHALL SUBMIT A F114AL SIGNED REPORT STATlAIG 11HETNER FME M REOUIR111G SPECIAL INSP( Crr1pN VA5 7 THEE REST OF F1,E INSPECTOR'S M NpF��E?GE UN CONFORUANCE ■1 TN iN[ APPROVED PLANS ANG SPECIFrWIORS ANO iH Ab PLICABL.E BPRKhIM5HIP ellowl510N5 OF TMIS CODE. 5. iM�q-41I.Lo iH r CN lllE +ap nE 7SVlFILRRMNErN Ni SICVd1A 15 RElBIll A Ary T 4E GEOl1iREQ SPECIAL ]NSPf CTIONS. WrrreWe,i u�ia mn Aarfey r.r4 • 7'rYh wi4/AIT M .mow^ M ■ - s T.•: r.l w p.dr r r...a w�e� r a as ]ilif Ala - >< AC1111 I, A: i =�r '-�•I�w.�a a..n ... x +n rwn X. iW l.Mws • n.,.a..,+rra-•• rs�.r Asrw tF>3 ��, w�ll�rex, ^minm� I. % Aa=M.zl Ivl{Iv _ .yF'gr•.1.ib. ,w-. nlll ay. �, l'! ` FOP �sNM+.. w•s,�w. IWIA F ymh ..a.aaer. wsltl. i_..nw W rr.rupl AIK I'.rr•ir.��w An.n �iwM,fis � AIT H. NIT: .I I.y.r Ms.yf A. 4.... ken.A rtd n ff 1rn. fNMIEa .MP W.nayaTa...yp NIPEauWorTMlw FL.Ir,rF. ." _ _ - I I..pr AiK ine w�+•�'^^ ^•i wry .w.pw wd.vww.pM faM Awl. �r.M1 if..ai ......... •- r�M1w tl,rti twr. iJ a.r,... i�f I Fw,a.,z,.. and ­1 V w 1. rvW K ti► �Mln • - AadFTWY wFAk[IOR. R.OUAeo MRW L1�1 nLF ragm�r ne. m"" d" HARBOR ISLAND BRIDGE " NEWPORT BEACH, CALIFORNIA IITFI.ITIA.aL .Mv., iH11 •TiYIYI BRIDG_ '�r I� �" ""^•' T E RETROFIT sXEET w. .[-A.•T, GENERAL PLAN No. 2 nF W�+IRVPT ,. oPa,l.. 13 11-38 PILE DATA TABLE NOMINAL RESISTANCE ik3pe} DESICM TIP LOCAL ION PILE TYPE FLEVATION SPECIFIED TIP ELEWAT ION (TT) COMPRESSION rENS]ON 1F*l - 4910) BENT 36- CIO" 500 .via -2110 -49 271a1 -411a7 BENT 3 36' C1D11 400 N/A •t6Yci 4F - 321a I -A 7(al BENT A W, CIOH 410 NIA •28iri '4T -32(C1 -49fal BENT 5 36" CIDH 510 NIA -x7{CI -49 -;iidl NOTES: i- 0E516N TIP (LEvATIOK FOP BENTS ARE CONTROLLED BVr lal COMPNF }STEIN, EPI iEWSIUN, lul SF ITLEMENT AND Ial LATERAL LOAD- �. FHE SPECIFIED TIP ELEVATION SHALL NO) BE RAISED, NDTES- I. COkSTRUCiION L14Ii IS MEASURED FROM CENTERLINE HARBOR ISLAND RO►D. ALL CONSTRUCTION ACF ViTIES SHALL BE KRFORIR.D WITH(N 111E ilY]iS SHOWN. PLACE A FURBITY BARRIER AT DR INSIDE OF CONSTRUCTION LIYIF. 2. LIMITS OF TEWDHARr *DR. PLATFORM SHOWN ARE APPRO%IYATE. TEMPORARY WOR% PL kTFOft TO BE ERECTED CY4 ONE SIDE OP THE BRIDGE FOR CONSTNUC TION ACTIVITIES AND THEN WVfO 10 THE OTHEN SIDE OF THE OTHEYY SIDE OF THE BRIDGE Tp CWIMuE COMSTRL)CTION AC T TYITIE3. S. TO PREVENT BRIDGE CLOSURES, CONTRACTOR Sti►LL PERFORM CONSTRUCTION ATLvITIES FRO" Tf YPORARY WORN PLAT FOAMS, COWfIRACTOR SHALL St8MIT TEMPORARY WORK PLATFORM Ofl ANINCS TO THE ENGINEEP OF RECORD FOR REVIEW. 4, FOR GEOUCHNICAL INFORMATION, RECWMENDATIONS, AND CONSTRUCTION NOTES AN)) SHOWN, SEE "FOUNDATION REPORT, II ARBOR ISLAND BRIDGE, NE NPORT BEACH, CALIFORNIA" PROVIDF❑ Br EARTH MECHANICS, INC., DATED OECEMBER 14, 20$'E S. THE URILL LNG AHD PLAC,EMERT OF THE. C113, P1YE5 SHALL BE INSEC FED BT A SOIL ENGINEER. UN I NG COWSTRUC 70- 7OS16NS Ai EACH ENO DF T WC6WS fOrd 11 LIMIT DEI HE FEYPORANT W(MK PLATFORM [Ni lWIUGE WHERE IT WILL BE C!E►RLT V15I BLE FO THE PU IC. THE SIGN SNAIL BF. MINIAQM OFF46' 1F 49", REFLECTIVE, ORANGE IN COIOR, AND IJITN A BLACA SDRp-R AND BL AC • TE%1, 1NE 516N SHALL READ, 'TYdiERWAr CLO$E0 u%E ALTERNATE RWTE'" AHD HA E AN 4RHDW PO1N11NG iOWAHD 1 E T A HAfl ISLA Y H )TES RWNO zz NO• NE 4r LIE LINDF I NO, 1102, M.N, i4/'1 n -PPOPf RI FFNISIRUC FI011 LIM[l, SEE NOTE 1 LINE ADJLIDICA lEO MEAN HIGH TIDE LINE PCR R.S.B. 4Z/14 ANO O.Y. 1►1.162 m C+� fUE BUL*RE AO L177E II( PER R.5.8. 146131 letup tIPNR PL Aif LRY, SEE NOTES 2 AND 7 o sa ri�� BEnI C 9E W1 3 [ BENT 4 BENT 5 ?ADO, I 38 NAR%iT.W E AS FI NG EC+90.5} '� I 4 µARBOR 6051891.32 I` + � ! NSAND Ad I"i 3'47'I_ •' ISL FIX7 SEWEN- i 1 U, IL IT+ES r ,'r 1r41.81 2,24.4 fVl 5 VM. Iy} d•54,48 2. 84.71 3.76.46 14 PF.:. •F •A0. __ ar f. tO.O' UP110NAL Temp SIGN LOCAf TOM. P _ SEE "TEMPORARY SIGN DE r AILS" AN0 NOTE S, Typ Tamp WORK PLATFORM, Fl SEE NOTES 2 AND I YI CURVE DA 1 A �-I � R 6DA00' R 60A00 e 38 43'Pe" a 17 40.17" CCENS IRUC WH41 L IMi 1. SEE ROTC 1 T = pl.09. F = 9.33' L = Ao,545 1-= Ms PLAN HE LJVERIFY ALL COTNOLIMG FIELD DIMEilONPS BEFORE ORDERING OR FABR1CArlkf. ANY MATEFIAI. LEGENpx EMI5TINC PILE 1 00,1 PILE xx.x ROTTOFA OF GENT CAPIPILC SUS -OFF ELEVATION E%IS11HG UTILIIIE5 Q1 8' DIP WATER PAIN (PROTECT [N PLACki Q 2•3: IELEPHDNE IPROIECT IN PLACE? Q 3 SCE-, G►S (PROTECT IN PLACE) Q 4 SCE EtECT511C IPROIECI 1N PLACE) 0 4-' SEWER tPHOTECI IN PL►CEi 1® STORM DRAIN iPROTECT IN PLACE; CITY OF NEWPORT BEACH RIGHT -OF - WAY IPROPE F?TY L[WE US B11LKILEAO LINE 1 Clrr OF NEWPORT BEACH STREET RIGHT-OF•WAW� �r I.I• 50.14 - ITV OF NEWPORT BEACH STREET RMG I-OF•14AT CITY DF Nf WP01iT BEACH il[OH7-OF-WA1'IPROPE/sI/iv LINE �yTIONAI Tamp SIGN LOCATION SEE 'IEMPDFIART SIGN OETA I LS' WA TER *AT CI OSED USE PAST 18mp AL FL RNAi{// 41CNS BURLNG Rou rE / CONSTAUC ., 5EF NOTE F, TEMPORARY SIGN DETAILS NOT TO SCALE 11-39 *411 L Esiar GIRDER C Ea:st GIBBER I i Ea iA* NJNGWALL. E.,st W�+ ND Typ - BACRRALL ACROW PAD A¢1 Rrp PLATE, TyR 1 AWl SEAT EXTENSION Cx16+ EDGE OF DE F4. TYP C E.is+ GIRDER t AS a 1Z! Exla+ STIIIRLF k9 Fpf 7 EYiaT ftinf [ Grq It 14 1 iLi f AS❑i 17 I s5 �11 NS T¢1 i GRILL d EN]ND DONELS ■ I iN 40" DEEP HOLE, SEE NOTE 3 16'-O"• PLAN ¢ HARBOR ISLAND On . C Exiv GIr1GER C ExisT GIRDER ( Esi6* GIRDER I I TOP OF f%Is1 iOP pF f.•is• �� AOL, SEA] ' 'J AO DACaVALi ,r I I �5 ipT •><S LJ■ v2 "�Nq 10, Y Ex1at Rlw �. AG.t SEAT BRILL $ BOND ODuF LS r3 i 12! EaiA1 STIRRUP EXTENSION a 12 IN 1O" DEEP HOLE. Exis* PILE, Typ Sff NOTE ] ExisT RILE —,A) EALxiAT PILE 'V ELEVATION Wif: THE CONTRACTOR SHALL VERIFY ALL CONTROLLING DIWN51ONFP BEFORE ORDERING OR FASRICATINO AN NOTES: 1. ABUIMENT I SHO11R. ABUTUENT 5 51Mil AN. 2. HOT ALL FLX157TK ABDTyENT AND FILE REINFDRCEAIEkT SHOWN. 3. LOCATE EXISTIFIG ABUTMENT REINFORCEMENT PRIOR TO ER5TALLFNG DRFLL A 5ONO pG11EL5, PLACE DRILL a. BOND DONEL5 TO DJSS f11ISTING REINFORCEMENT. STOP DRILLING OPERATIONS IW EDI ATELY AND NDTV T FKMER OF RECORD IF ►NT E%I STING REINFORCEMENT OR EXCESS CONCRETE (BESIDE THE HOLE TO BE DRILLEDI IS DAMAGED OL01M ORILLING, A. RD1/G71EH THE UrsrING ABIITUE"T SURFACE TO BE COVERED Ely ARBTIENT SEAT ELTEMSION TO 1/t" AWLITIFDE. WRF AC£ SM AL BE CLF ANE0 AND FREF FROM LA TAWE PRIIq TO PL ACINO ABUTMENT SEAT CAI ENS ION. Exit} STEEL GIRDER f I N50. 12 ApproF OG .� Apu+ SEA] EIITENSIDN BB = 4 0rq C Abut G"r I ! , �. �Erist SflRRIN+ k9 Fol Et1 ta, Rein �ENis} FRONT r FACE Ab tI SEE NOTE A DRt1L d WNO BOWEL, i 12 IN 10' DECP HOLE. SEE NOTE 7 I '—ER111 PILE i 4 Exlkt PILE SECTION A —A 11-40 46 = 9'•6'" Toe A PER 510E f.[ryTERFD IN BENT CAP, BUNDLE WITH K Reif Ezi6T EDGE OF DECK GiR$E'A E PLEI FOR (lot BEN' CAP RA rnf PLACf:WNT r. iRQUGM C10HT SEE 'BAR PE ACEMENT DE#AIL" --- HEAOED Reinf _1-: KFI SIDE, HFADfO Reinf EnI61 BENI PILE, F70 L'.LE ND: LIMITS Or PILE REM WAL [POHIIONi ® LII11i5 OE BENI CAP RFWVAL [PORIICRII HEADED PCINFWC[YENI II. CHAN1CAi Wq (.-1 TOP COUPLE,,, Typ xEADED Rtin SEE 'EXISFIND `EE NOrF. lIDEhT AP REA10YA1 L)t Ty A6 ff T EACH ENO- 3' CI ryp W6 DR •9 - NEApE4 FrM1nT d � 1! N5 SI IRI y Sv AC1AW, SEE NOTA. O "ARBCR ISLAND Ra = ExlsT GIRDER a EYr■r 6ECHANICAL i GIRDER E%IaT EDGE OF DECK + LOUPLFR, TYp ( WN } PILE I fit[ m EBENT CAP K1 { { i PROTCE7 F[T IN PIAA'.. W9 Tv1 1-)"' l` I 1 SVEEAETRI[ ABOUT i SE' RRTn+ Top Rernf PLAN _ 1 ,_Q. E, MA08CQ ISLAND CIO 5'-fi"x I 5 •&'t 2 ■5 CR W6 DR I L� ay Dow DDNEL , {;[y }� RDUGEN WT[SEE AND 5 5EEF NOT LDCA IJBAq AAr Lf tH BENI LAP REMAINING NITM W9 TOP Reinf -- ...... _ _._ BENT = E.:st BENT 2. HIACE0 RNinT, SEE NOTE S 19 COM 1Of 3 PER S+DF, HF. AFICO Re1M _.6 '��•-e DRILL A BORO DONE] IN IT' OECP HOLE, thl 6 EA[H ENO, SEE NOTE 5 OF ACE. 6 } f `JiL Er:sf BENT B CAP IPROTE CT i r IN Pl A[E1 � M6 Bar ReIN CENTERED !N 1 BENI CAP1 BUMOLE 11 NITry *9 40I UIN + ~IL E<i9T PILE �[ EWist PILE 3" UP ®m 5 O"I 0' lAl • 4 MOW " 10 , ® L 6 C} Toe T IG} 115e 1 I {al TR+ + ID) 1ot 1 ^�- [CI • SI 701 2 ICI 101 Tal + [D1 hot 1 ® 11 6 FPt 3 ® 0 6 Tot 3 ApprP>• DC i STIRRUP AM DONFL [ABLE I NARA COW IWRA11ON IAI ! SEE NOTE 5 ON "BENT DETAILS" SHEET S CIDCID PILE PILE ELEVATION RIFT ALL CONTROLLING FIELD "- +1-0- NG OR FABR1CAFlhG AN1 MATERIAL. 4-­ 5 FvP, SEE NOTE 7 BENT Fxlae MLN- 2'-6" I 2'-6• I WB TOT 9 LOCATE 1 BAR AT IL BENTe �LAP REYAININL NIT" 4 9 Tdp ReFnT L END VIEW 5 CID" PILE W9 C."T 4 PE SIDE, HEADED Rein WB Cont for 2, MEADEO Rel+-f 4 QENT IDH VAIN 116�r<1 wEtTPt 4, LOCATE 1 BAR It" --' AT 4 BENI, LAP REMAINIf1C, NI iH t9 TOP Reinf, AD,iD$T Baf LE(;TD Fit FHPWIGH -^I DH Hp]P Reinf CIO" MAIN Reinf, Typ BAR PLACEMENT DETAIL WJFI Sr FOR 'SECTION A -A", "SECTION "B-B'T "51 CTICh C-C", "SE[FION D S D-", "ECTION E-E AND "f XI51[NG BEN' ' CAP REMDVAL OCTArL L' SEE "BENF OETAILS' SHCE T. 2, WHERE PERMITTED SPLICES IN WAIN CIO0 REINFORCEMENT SHALL MEET LILTTMAIE BUTT SPLICE REOUIREAENTS. 3, CIDO HOOP RE]WORCEWENT 5}1ALL MEET ULTINATE BUTT SPLICE REOUIRFIENTS. A. PLACE DRILL SW BOND BOWELS Ik THE 1XISTING BENI CAP REGION, SPACE WITH EACH W5 STIRRUP_ FOR STIRRCIP COW IGINeA IT AND QR[LL AND BOW DOWEL RE INFORCEMFN7 DETAILS, SEE "STIRRUP AND OONEL FABLE' ON THIS SWEET AND "SECTION 11-W ON THE 'BENT DETAILS" SHEET. 5, LOCAFE EXISTING BENT CAP REINFORCEMENT PRIM TO {NSTALLING DRILL 6 BOND OONELS. PLACE DRILL A BOND DOWELS TO M[S5 EXISTING REINFORCCIENT, STOP DRILLING OPERA ON IMMEDiATU'; A.Np NOTIFT ENGINEER OF RECORD IF ANY EXISTING REINFORCEMENT OR EXCESS CONCPE TE (BESIDE THE 1NHE TO BE pR1ltE0i IS DAMAGED DURING DRILLING, 6, NOV ALL EYISTINU RE IMF ORCE>,FH' SHDN7K, ROUGHEN rO I/A" AWLIl UDE EACH SIDE, EACH END, AND THE BOTTOM OF THE EXISTING BENT LAP AND EACH SIDE OF THE PORTION OF THE EXISTING PILES THAT RILL BE EMBEDDED IN THE NEW BENT CAP, S+IRFACE SHALL BE CLEANED AND FREE FROM LAITANCE PRIOR TO PLAC I kL NEW BENT CAP CONCRETE. T. EI05TINO BENI PILES TFj BE REMOVED NO LESS THAN 2B DAYS AFTER THE LASI 110" PILES AND NEW DEN' CAP CUNCRETF HAS BEEN PLACED, FWE PORFFO" OF EXISTING BENT PILE EMBEDDED IN THE WEN BENI CAP IS i0 REMAIN IN PLACE, IRIM EXPOSED EKISTINE-Z"T"0114AL PILE KA"t"T"ME NI 1" 410 EKILT ING CONCRETE SURFACE AW PATCH WITH EPDXr, FOR LIMITS OF EXISFiNG PILE REMOVAL. SEE "GENERAL PLAN NO. 1" 5H E F T S 6, JS MC- 1t CHAkI C AL COUPLERS SERv ICE SPLICE THE TWO CENTER e9 TOP RE INF ORC FWNI 10 TIIE EYI SI ING 9% AETkFCCICEMCFFT LOCATED IN THE TOP CORNERS OF THE Fl r4 T IkC 7TNT CAP- SEE "FxjS 7IW BFRT CAP REMOVAL OETALL" 04 FETE 'BENI LUAILS' SWEE1. 11-41 i CIDH PILE i" 10 INSPECTION SORES. 10/ 3, SEE OETAII I v y' or, HOOPS G1Y pR MAIN RVInf 104 15 IG BUNDLES OF Z. ,� 5 SINC4ESi SECTIpq p _ 1 ., D" [5, Mln, Ira 1Y' Alp. SPACING FOR 174SPECT104 B,6" Yin AF TUBES I NSPECI EON 1 USE S. Iyp S' Y:n AT rHSPE CI ION TuRC5. lrpv INSPECTION ! `w ruBES' �t MAIN RSITA J HOOPS DETAIL 1 NOT TO SCALE 1FLNr T EA:Sf BENT CAP, PROIE CT IN PLACE 116 ---7 DRILL A BOND sS ® SI IRRLIF'; , DOWEL IN 12' DEEP HOLE, SEE Nt, TT 1p+ E, SEE NOTE 3 IN SECTION C-C Y .- NOTE, FOR DETAILS TxT SHOWN, SEE •'SECTION B B' AND "SELIION D-D'. 1' 0- Yin LAP •5 STIRR4P, 5EL NOTE p A9 la• HEADED ROIM, 51PILCE TO Ng TWIST 1OP Rein} ■ITN MECHANICAL COUPLERS, SE "E XtSTING BENT CAP REMOVAL DETAIL' [ BENT = ( 11i" BENT - [ Er1e1 BE Ni PILE S -6, D"_ i '_ •S OR Fii •�L-- DRILL A BOND A Typ 11' l } - LOnL ,X 10" DEEP HOLE, I fl / 1p! E><IST SFIRRIIP YP SPACE rile STIRRUPS, Typ. _ SEE NO1ES 3 AND 6 W5 CORt Tot 5 EACH FACE. •9 EtlrtT TOT 3 LAP EACH ENO it--G' Mint PER SIM I WITH 1,5eF—JEAD Point` HEADED "lm V5 STIRRUP, 3" C1C TYv SC[ PATE : 'T F EAiyIr BENT PIIC, E.1.T BENT CAP, SEE NOTE 4 PROTECT 1N PLACE -B Cont Tot T HEADED R.Lot. 09 Tar 7 Er,Ial RWiRT DA[LL 1VI'Y HOLE THROUGH Ex1.1 PILE, SEE NOTE 6, 99 Ganr FVT 4 5EE "EKISIING P11F SFCTIW' PER SIDE, HEADED HW1n1 _ >t5 A 9' !!" al s PER 510F DRILL I Y.0 HOLE EWAL III„ '^ CENTERED 1,BENT CAP, FHHpUGH EXt;T PILE, A BUNDLE WI rH ya RVI�f SEE NO=E 6. SEE iYp i1Y "tXWIN6 PILE SECTION' SECTION B-B A• = 1 0" CONTRACTOR SMALL VCR I F+' ALL CONTROLLING FIELD •:wL ORL,E,I,I L'F •AyHILATINC ANY MATE .� r -I Tat A BFNP . Cjgh PILE 1-1 .6 = Tar 9, LOC+TE I BAR AT ► RENI, LAP RE YAWING W11 fI .4 Top Rom I SECTION D-D N" a 1'-O" VOTE: FOR DFTATLS NOT SHOWN, SEE SECTION B-S. C = Yr 4 BENT �g • REMOVAL LEMS15 u I SEE NOTE 5 12r E•T5e SPLICE •13 To! 2 TOP STIRRUP Relof To s9 EA1WT 89 To+ 7 E.15r TOP RWIn1 WITH MECHANICAL EOUPLERS Reinf EAIST BENT EAP, PROTECT IN PLACE SECTION E-E . 1'-0" WD ff. 1 F M DE I All S NO] SHOWN, SEE •'.I C I ION B rT' MIT ALL REINFORCFMENT SHOWN_ LEGEND: I.Ir1115 OF BENT CAR REMOVAL IPOR IIONI EAST MILE 414 Y I@. L...r HILL k8 Cool To- Z. DRILL 1y, M LADLE IAROI1IiN ETte+ Pll{, SEE NOTE B ._[ BENT . [ EA131 BENT ai Tm 6 E.la* RNnT WS 1o• Z iBar LEGS OF 57{RRUPI. DRILL 1;'iY HOLF MR011CN E•IAT PI. . SEE NOTE 6 __ rxFlT EXISTING PILE SECTION NOTE: NOf ALL REtWDRCEAIENT iI,LiWN. REIABVE 6" Y1� 19 TLIP AelnT -1E SEF NOTE 5 momm Ek j.1 TOP ReinT C,F —fULCHANICAL COUPLER BENT CAP EXISTING BENT CAP REMOVAL DETAIL S%" 1._0" NOTE: NOT AL" REINFORCEMENT SHL]WN. NplESt I, NGT ALL EXISTING BENT CAP AND PILE REINFORCEMENT SHOWN. 2. FOR LOCATICVN OF "5EC7tGN A -A", "SECTION 'B-B•-, "SECTION C'C-', 'SECTION 0 D`, SECTION F-E` AND STIRRUP SPACING, SEE "BENT LAYOUT' SHEET, 3. kXATE E%ISI ING BEN1 CAP REINFORCEMENT PR[UR TO INSTALLING DRILL A BO Np DOWELS. PLAL'C ONKL 6 BOND DOWELS PO 4115% EXISFING REINFORCEMENT, FOR Sf IHRUP CONFIGNRAT [pry [A1 1NSTA LL 115 ROWELS ON THE TOP,OW OHLT. FOR STIRRUP CONIF]- 1IONS IB} AND ICI INSTALL TR WO RL1t5 OF R6 DOWELS. TOR STIRRUP CANFIGIIRATION fLl INSTALL •B WWELS ON THE ROT TW ROW ONLY. FOR STIRRUP CDNF ICUB AT IONS SEE "STtHRLIP AND DOWEL fA$LE' ON NIL{ "BENT LAYDU['- SHEET, 4. FOR EXISTING BEAT PILE REMOVAL NOTES, SEE "SENT LAYOUT" SHEET. 5. REMOVE FOP CORNERS Al THE ENDS OF THE EAISIING BENT CAP- REMOVE A MITIIAIUIF OF 6" VERIICALLV AND HDRIZOHTAL0 ACROSS FHE EN11RF BENT CAP WIDTH. PRO ff it [%1ST ING REIM ORC EYE XT IN PLACE. IF REDUI RED INCREASE REWY4L. LIYI TS Tp E"SURE Z. MINIMUM CLE AH BETWEEN THE• ME CNANI VL COUPLER AND F. A[M EWISTIR[- COICRETE SURFACE. RDIIGHEN SURFACE TO 4/4" AMPLITUDE. SURFACE SHALL BE CLEANED AND FREE FRUTA L A I rANCE PR NOR TO PLACING NEW BENT CAP CCNCK Ir. 6, STOP DRILLING OPEPATIW5S LOME DIATELr AIM NOTIFY ENGINEER OF RECORD IF ANY EXISTING REINFORCEMENT OR EXCESS CONCREIC IBESIOE ]HE HOLE TO BE ORILLEDI IS OAMAEED DURING DRILL IN.. 11-42 0 BOLT -PEEN ENO • JAx END METAL CLATAP POST CAP TO BE A E.I�s BCE j1<" IS TLIRHBtilCXLL OilH DRIVEN EIT Tlp RAILMIG POST 'A q EYE BGLIS IR 4'li, ADJIJ51MENT TTP " 6 0,R1LLEl1 HOLES. PEfN :-Ii 0 CABLE .0 ENDS CA 90t T 4-AMPS DER ENO It III tl REPLACE T 12t CHAIN RAILING WITH CABLE RAIL IMi. / �x —Top pf ASPHALT A PAYING 7 W-6' MR• Fp END SPAN Tp INTERWEEDAIE AN CABLE RAILING ELEVATION Nis 1 "I SLANv iqa �B. i� i� L1 EFi3>• CURB E+li�r SRITICE RAILING �IRRO q CT IN PLACE 1.9i. 51' 2.00 6.96 Ri V I Eala+ CURB E:[s1 BRIDGE AAII ING {pgOTECi 1N PC ACEI RAILING PLAN I" - 10 -o• � C41E NOT E S- I. POST5 SHALL BE GAL YANI 1E0 AND PA IN TE O. CABLES AND AT TACNME N I S SH hi I. BL. STAINLESS STEEL - SEE SPECIF TCAT IONS. �. POSTS SHALL BE VERTICAL. 3. CORE HOE IN E11ISTW. CURB. FILL H1XE WITH r4ON SHRINK GROUT. AND PL4L-E POST. 4. A00LIEW OF HOLES IN POSTS MAT YARr T❑ LONFpRY TO "L JK 0� W OF CURB. NDI(: THE 1011TRACTOR SHALL VERIFY' ALL CONTROLLING CIELO OINIEN51ON5 BEFORE 9kOE RING OR .ABRICATIMC ANT MATERIAL. LYE BOLT OR ETE E147 tRILIPE1) SLEEVE CLAMP OF 1URNBuI.KLE IA-q STAINLESS STEEI EAGLE ALTERNATIVE CABLE CONNECTION NTS REPL-CC Ex4r CHAIN RAILING KITH CABLE RA IL ING •.'� A.Ou Ease CALL 8OL SECTION AA 7 SEE Hu'L RASHER 3t' P HOLE CRIMPEO 5TP° —�/i' if STAfNCCSS 55EEC tABIE Skit YE CLAW - POST 2" St., PG51 ALTERNATIVE DEAD END CONNECTION NTS APPROACH CHAIN RAILING. AILIN CH AT _`w4+C - AND P01574 TO BE Y REMOVE❑ - e - 10R OF CVRB FILI WON IOF OF ASPHALT NON•511R:mm RAVING 4Ro41 A:TER REMOVAL FILL POST C Ir2-q IN CORED Ia1LE HOLE WITH CONCRETE AND FINI5VI Wl TH SWOOTN SURFACE TO MATCo EA15EiNG RAILING REMOVAL pE�Gl �Air d BRIDGE RAILING REMOVAL 11-43 �^Li.4fi Sx�rEM syaem degn �n elAvta5s R1EE1 A'W MOTE Ty{TµL Yg111LAL L� AT a1F O,L PLM VIEW SYSTEM D PTH M01 TO SCALE LEA* Qi EIhEA uw .1 pos&L %j•o1ELttiv+E2 sw le aTArAesasTEEa sclEw,wcrloq.re7N.L E11ERiRCit/�n6 5P'LCJ/xA Ts]rq R EM�F.P.iMR as w.0 diAd(T as wu TAY1C1/El (-] aslsELrnwxlcsrnEw�,xs:• TOP, raoE aaswe rrT� yFkTlcµ �sRgE11E ,J ylkTlu�YJROERE L J ElN[Igp[i PEItr-ORA IEA &ASE 0.LWl0E 1 E 9h Lda�1ETE LJIh E�Y611R0 oAEC+ T, �iq�TE MCA ►AILL L•i.hTEMLEPm PROVID N10E1Na,a1N1 aN MS 1<S FOR INPppMTI[Kl orar. PERTI'WIT OE iNLs• LlK PA01�pNl TIE INNFRCIyR(11� MbP O A1vIrK:S AS .F'PULAHIE lO 11E MhTCE10®E0. REV- DESCRIPTION BY OATS 1 REVISED TO STAINLESS 5-rEFL, hDE 08I1s/=3 REVISED NOTE, REVISED RE"IR M THICKNESS. REMOVED FIGURE r , Y s V 4 M a y s rY a I:s:L:'=E?S1RIE :R:3 ,101E Al.ION YfAIICAL JdMi 1MM E!A]IN6IE1ry10 Pb6T. Pl AN NEW ra1VERTICAL JOINT NOT TO SCRiE PLAN VIEW (B�LND OF BRIDGE DETAIL MlT r0 5[AEE r1 Ira-xo. aan.mr, � =m 101E METAIA IY14 ERLC�fi AT lOp NIO 80110E1 OF Eap1IMu OOIK,I.EIE PEP INMF+IC1LWiR 11EOl�lEHR. EIEVAigH TOP DPALL NO] TO SEaEE mm MTN1 AUX IN0ame TS AT TpP AW h 17EY CE Ex161TMO CVNCRE TE PEk%Uw"AGTV MtQ%4pKhoftA ELEVATION 8 ASF DETAIL ROT TO SCALE BRIDLE RETROI:IT SHEE NO. CLADMAI 1 DETALS of 1! 11-44 NOTES; CPT - 21- 002 0) Tnle La1B ON"t (Boring Record) was pr*4MV a in "CQV`O n e ei*f1 C¢Itrany Soil an¢ Rb k Logging, cIass IIiculIon A-21-002 WO PrBnablo :pn mayil {j0ip]. iI, 1,4" Wn?,1101 were *akan using a stona¢ra perletr¢riael SamPier OM R.4' samplly were i Ai—t I taken wing o California modified S❑mpler. i31 An war tic Trio Ammer sysrem cans:st:np of a Aer mmwig" of 140 the f¢Iling ❑ a7sTOM. DiS lmee of IVY .06 OW 1¢ adVanCe tl1 SWPIer%%. II4] For soil Legereft see LOwwr stonoo,a PiOneep T-21-001 113.g fr . 10 % 6 2 0 160 1?0 44O FAO 566 Fr ic+im Foi to t><] fi❑ B,.r ing if. ] rerminnrla aT E -So.9 f• I111 r; �i i WRT i BrNT A Q A, NT 4 e RFNT S PROF l LE vERTICAI t" a f0' PLAN 1 - 1tl1 CPT-2I-001 i r4S A - 21- 001x*011 11IN-lam I A-21-OW E, i3.o If e — �7t wmre ■ A re a ease _ my %I'M= me¢�um f9 I�ne SAND: trpce npnp,oaIIc fines; rank mentut_. � . +.1 ue 1y-pr ¢ ea um ns❑• nor gray: +re mva T LR� melt+ly um ra f•ne SAND n sedaneil fr�gmenrs: •raCf npl>Lfl CYS•fC firK.x; ee0k GBmentOtioR. _^ (,Do- 4• uanse. kiddi'm 60"ol No re Ovw y • . u�y Brown; Nu re�.orcry, 0 T Dense: Ro reF❑verJ. LAW i�lpurOTeo; wry svrT r❑ aiIV T: , r¢c TyrpQ; f; xle] 11141 Gag uN nor¢ a'; 1•nq ar eleVOTi¢n -37 fe! r iSll1 {W i; at¢C k; moie•• e. 1fr.e '1`¢a+lyy PNpi +yf,} mono IOxT iC fa fines: PP14,5 meRityn p Q1114ci ry rerun iriaTno at fl. -A%3 fr Nomn� Envr 12 Ro 1 d I2 W21 gy ❑ I.FRI=M; 11-45 Mr ts: CPT - 21 - 002 Ili Tnie cols Sho.+ 10oring Rfcar4l'.g5 AF] anfpar.d in accoromnce .;tn calrrane A-21-OD2 SnPI pnp Rack lagging, Cloe+if;caiion ma PrebMfaf;cn ypr5lgl 124101. s2l 1.6' samples .ere loon —mg a $toadprd Ps tra+ion 5omRler ana 2.4' somple6 .erf taken using a cullyprolo Radioed SOmpier. 134 An auto tm rrlp hamm.r vyst.m conl;Bfing Of o rgmmer weignT of 1q0 105 fan Ong a dis+once dist�e of do" .0.5 us" to cavcnce thf ■ornprer BB. 141 far Soil legeM. aee Coltrane $rafWarq P1and►.s0k we. - ---_ _ CPT-21-002 10 a 6 4 d 0 140 U11 +20 'Al Yap rricrian Raria 1%I Ira Beprinq lief} rermirwtepl �s 7Ezs 27.7 ■r 50 € BCHT 2 ( 9EhIT S t BENT 4 C BENT c c o 0 0 �( HIRBIXI rSLANO RO 3 L PROFILE VERTICAL I' a 10' r 1 PLAN r C��P��T-21-001 A-21-001 ts�-Wa lW'wa- t0 12 Wn.-rn*d� nmhad �pp'pp�_� y gra�a�'Si71�'irTi:F L -� ll' rq�orn.n; mpieT; mostly meawm Tp Tine $RNpi re. nanplpsri4 lrrfeei xeok cemenvar iah. lawn; rsort< pro.n; cfv snail Tragrnenrv. oar y-qr j nse; a grsy .@T; meetly .tedium +e fin. SAXO; •raCf nd'ola6+le fax. —Oh aemen+at Ian. Mora aril ling Cr elevpTign -29 tee+_ WrK o.n; very soft 10 y f+; unfrMQee; f�eele; ppor[Y inaufet.0, ($111 IYL �; pram; Tar f;ne 5+X0; M05tly nanplaeT iL to rd 1.mt p1as 1IC1Ty riM7;PPii,S Tff.! PP)4.5 Tel, YPi+,S ref, iermir.7+ea qr E 1. 66.6 r f Dr it red ao 11lMM Xae[mer Eneryy Rc,l. [f PC-04,1X1 11-46 LI IT w a~p 14acA�- �y 1Le11.[a0 EIII ftAr1 11Kn 3-ra1 _ _ ` rIPTar-.11 �y � ❑jj LANDSCAPE CONSTRUCiiON PLAN cOrEigt 4. Atk.A. M tll RIM s SrAn 01 10. Ur:I'm ,ip4 IULO 9rla •. .�r�-w 1yL•�y .ly rifcArr ,w.a 1 fall .. k crran AA.0 r11Llw. ro ex nw �r.,[ a+ at a1w 11L,o�ilPr . TrLA, r+n�,111rr 4 aAmeaAs eK fall r1oTAa Ls w.t xS..T[.fA1 sail ..... !.toth a u[A ri TU . I00LV It IUt M t,,1 afrlot % Roo M :t q T.i Easi. [L.1'ec s tAt, ,•a SOFT] fl[Sp It111r prTtt, it u A L11LE ' p[. sl.tlur. Ilnlu, ra // [Ailtdl. V IRRIGATION PLAN I" A to-o• ICp,r oRNJ 1,wL n LMA 11 MIM AtIl"TIM F nrlu}[na,IK s . ft rxAA, IT fNE A. I" 'in ro LOCAII EIISn10 aIMIWi]u, n,EA ,i TEAf, A4 rEf. ,r1AlIR, ILp ALL oLrt1 rnlrlK., s[rt Iwuwrlol, a. MIa •o oLAM MM a,o MMII11LM u K. YKS 11,1S1. 111r4Ta SAr,u .sErl,fe l IEM, ,p K R100Ko .1pfp1 FNFWMla, ollrattft 1LL Ia1 .IINT.MIR nLAlurAa, u=[. ro r,lsrrr. Lllofc..1 nrn warrw •t iwT er .nrL I,n aKas YEFC11b 1,1,i Ail rAIMo1[s[TCis, M ClrM4TK VA.I LYE ALL Co51f ASIDE tEO ON LA[A . 1A110AIRM 1Am. 1. t"OMKtM fr4L K r.ilr.i oIAAI" 0,e IT KC1111— 1. IC+,faK 1LCEioarr srll,fvEs A,b _NIl 4. a/r,r[rr KQTINv IM tAlr,r[ 14 , 1c Sn.r .,o ,LIAAw IfglWr AOwnLltrfs ry Fast— SC,T'. Te, C.kIS Sryrrn MW,A 4T Tlu To rresF A1Eas'm Ift wtsWr 1. LI.IT a 1o1A W1ILnP w Twx w K,S- 1. Wr,AAtrd --L K RTAL Ikff Ia1 14 ,rsr—Atlu1 of ALC WtN14 . A11,R a. RY. s. L4nlat,q frASL IA ja 4r rLAI45, Lum ap .ayusAlf.l YCFSsuM Ie [r1W 1 µLT P[lu, n111.1,PIIwA Sni4A1 al OL ruKAla ar clrr CKIA[flL L- NC d Ca I4K1 AS U-M. M ELI—E L" •iU MM4 - i- fFa "If >YEWk-t,on — v -ft n0 KIMAts I ALP&jl W 1[auM"—, LANDSCAPE CONSTRUCTION LEGEND .Inns N" - A.n[rr ar R axleTIAIL slf.r wLr1,t[ A 11CI Ir OLW Kx1n,.AaaeLu aoMFSA [nsfln trues —FA 1L.Kq[ - r Till M 0LIn I. rluf[AC! .nN Luaa t41WY IF, " S}ALCIAp [Llf fln -III 14W - A• 111` r fL nakPkM[ raAAY.0 CW1CC1 Ir 11" 1KtIfICI1 WeS sa Au1L,C rML cOM IMILA; Fla Y1Lp 1Cgr 4�1 0I,10.11 CArr s 1 K HIT Pr. Ix! E I aAo r,i ,IL.Tlu. sC[c[aL AiKtnl,1K. [r lsTIW r+.a, - MT[CT IN f AU rLliMlp Sry- ran[ r[nA - ,rune, ♦, A[ACI r- M,[—TAAtTAw sn— r[111, C4011$ AI r ICON 51+AIr, M fta At TAQ sin mm 1a [PIL[nC1AE+r a Yr EnSr1An EiES,rlC4• ARIEIM, CA[I.[T ,b Cpry„Irs - MOTLCI .r K.M LCAsrIW p/Ar lL CIK[ aAp wl}E[ • AIb, let IF IL Ace ALL o1sPV. PF5 BAWL K MWJATELr KE tA,,fCO iG !cl L,.uKAfE Ir[ci lYE IK. [IIr UctKEr r0A ralirlil LatArn SIKIALA M.11 Ift ILACf N' ci 1�A (ari+•AA+IdA tr v. If ,1 A[ Lbrlsg101 [rlsML rlli `"M`N.STM" MICAn r4E MIOTr,t 11 fsL[L 1- s,A1Tk Yl Ir1Lc .T Iw. firs: —W CAIsn.I IrrAAEYt ..!! - PAO*[Lr n IUK wFLI—PP �1[ vI- lLlsfl.0 Lr .Ill fiOrK Hutto 11.L- f.pr1[ I. AL iA KTYaa rr If.o ,I a.K.Ct9 [CIsf11IR nul.n .Y,r IIl1,MIMc aw. - —,.. Ir Ir-.cC, KILA¢ I. LA.1 AA —w [TI%FM A,IIr.n IMI 1ALL • M W, n ". R.1-A[E IA 1a 1, oarn[o LTIs,I.a Y AIK P E lid Cu11 - f ,lt1 I. ALAte, 111K.F 1. LIM LF oAAaA EP erIs11W PC10(K, c,LL fnr �1gllC 1, AlLOCatt AAC 1rPa a S111 fewtK .Ilea[ c�n,—kM, FILAR a1 IAIorL4 I -API- LmA CuwLC rlo. n WIM [aa WT:M. Ins nMO.e-etpu- Cts+Eln sla.I MA LID.} AIA1L - alorltf, Ii.aCAfr " Sept ar 611E p1[Ir'. Ir11K eoaLMKx i[oA, ,#IWALL AL b1,er.a1 .oCA •Iw .Rot e[�L11 nA w 1AIot! m0l"IIM. LC,stIK K,PrT ales= +T%r - I10ncr, 4lAGn .VI SMOA[ o. Hn lUXlc KIo.I. prE,lKltrlUl. AF IAefuL Af u1uILA. LxAr10A wal. F,,.zlLar d LAIor! cgslKtilo�. [.nrlrE IUr nt. y[e4 mPTraM, Mafxan un STCK ar 1nr rall,s Kohn L ,KIen III IAs'— ., dlMlMµ Lo[ATIO L0040 [\►f 111or d slItV [OAS•A 'FIIr, „e torul. [,IS11r0 %rlCrAaR A,O fEOrstAIAN oAtrs - rq,[cr ,1 1'Clu, KRIR T1 up IF aK4 Srl[flrt Wry. [WIIKrI fo EE Krlyl'AW AIO Y11,Jria rp11[IF rEHl,:1 FM[ -e.F., KKICZ rl T. a. INIArfM 11 M.WMlq II KK• 1— 1.11 EMC. .Ih ICI Tact .Ab FABRIC IA 11w, AA1r11i ,1V y,An.a rTNI r[AIorAA rlr{w •o rAMlr l l Hr. ETI[tlw f NAtL s[CVITI S.KAI P. ,w a m1m. rift[ r110n[r, riZq. 1. L4W P OwLt[l l asrtw nAva,[ A.Apf[aAl L narE tr a.ao luinrE tl-IE,'A1Y T•IL-FLAt R,�, fTu[ CEAED, - I�C. 11n 111 nL11MR. -I" EIIsr1n„ w ZATO10w[ K,4LY f{!f, pray A_ [allnrE ,r[C i4 M M.�o'1[0 - In IA.L Alf tA[x fEr rLarrIAo llKW 1 rlf IIW AAproa—11I)a •AL,s eo K KAgs[o A. F4L ,iS IK IEa11P1 PP.r1p 14tt nA Ift"I ..lYK LAlsrlrs —L Ma - K —I,. - IAA " I{r I.TSE I11 K1 IK IFF1aa tt&A IRRIGATION LEGEND �l AINA�JA� 1.N d Ib-•]-s-Ase,-x. u al Ai-r 1w m AKI-IOtl.1.Ir B r[Erw e,A,. 11 Mi-1,cl,• fvA a1oE LApL rtrAUAra. rA.,a w NARK m .rurc 1rar..L -- EAw 11re [1S-h-a-1: -- - Is.+-v >.r•xa.x we o. wAA.a „ra K oAyLe,[ F- , IGCe- - 5 g n[o r.LfL t� , IrlE„As w IY. F ,Frn LASC11S5 _ = 9vcEa u LL LAL r1r. rmrrErs mx rqr ,IK1K[w imar 1Ma/r AI en1?r mwres - -- -- ALy. I+eI.Cvpl u r hum 13 Ay eA�[auws w I G 1An'Ari -------- nq AA , Tsr* Tn -- 1.,I.LIwYCR*I[i�i +1'Kt. u .rl[rrr RrrCL Sllq IKdL7C+•� B a11cpA[X-wEwm tKn�s.n.l Iv-- I/m III W L 1oiRa 110 AnL'Aa,.f4. w-nr l9[R ~rlriss 6 Sft roll fA�in1KOLLlu .sc... C1r Irr,F.Cnwax SALonrwiba: oA: CWIIRIAIa wr-Kra sw.LT al,T(AArq Kfglw.+nr urrAl io wT m B A`r. i[.An�c�.�,"Ton'..cr. w`an` Ir IS IFmL o�AIFOIrtT[q w.I�AerL .,s,ealETnv' � n ® remru! PPKSMC -" wnR 17olooua,e - nnrE[7 rw,. ma rover Ic r, WA•Tn•AE111 F TAXIMI ; IITTKr L+ - Aoorf,a Ir ..oL+rK LAMOLA. Ix aAc lomAt AP 1w —TIM urr. Arc Lw4u w _ -- —Ara x.tK Alc sorllu w C � r PLANT LEGEND mic OR m mom ]11F[: 871111rJ11 'a,,,,aA Lil¢ ++1 Abl )e tl.,A•A• e •-.N 1LseAe,e .IM � IrLII + .v�f� r / Mlp I > >� ILE. 1lu,r� n-., r ,w,AJLf�wnl q I �:.) AroEr ErfE1r1L ,, ilrnrrr� a c. Ec .. ro .O ' - �- s1aEl1 n - .AO,LA.p I ' p Iniul resn.. vrrtlF. •EL.rn KAf f ClAa.rs AIS nsra,s *DAL 00 -1r'- I Aw 1 ne f ESL A CAUAK FLAG %►RBA _ _ IM A-0h, . 4h , r .. A. �11 A L LA-`— WMIKI1A ! Is A:.e iA• .. u alraliK 1r1AE1 _ oRwV,.Te Lim V W �; pr[urLN RNI 'owAAr I f GAL w.. f I oMlf fltl of rraLe f�L�2l LOo1KAL J g0L1LAK IAA11L iDrQ STD Y[ •GI 1 / Soo Eel '� PLANTING PLAN A1A1rnIeA ,- , IQ._Q. TOTAL LANDSCAPE AREA 10 MW— "'aaaLfT IC MV r� / lo0wrrf'S ,e [e�w1,r}a]Ip1I 331 apf [}1StrW ,• poIEST1c sAta yTu E'm[SPn, jruL rA[.na[r.oV ' V 11T �y'1E51Inpeneir*A1[ rt�Tm um KrP { oA1i IYp, IrrtF1,N1 1 I1F yi f [ [r.T� Iw 5 r�.C'A t•AAP %O Qlwjcuarm a/ApKy[ IKA IyL(tt is Er[1r1. ,. • µ< Wwrtltllt ' M y f0A mAl11AL1W 1 cal..J(.LE 11 LIT IKAMJIO pEr. eW .�' �I oA,L�i S,Y S kt IW A'Ag .UkW W,w1 -nAlfa M IA[•I a, ALL KK sw4L K "JICr m i.1 Cy"INOII(C1% ACC[frf AS A C ITW a Ce1/{trlw or Ae11 1e Tw [u.—em, J. K[ *T ?A GUCILI TIa OA0 14 I40ORC}�i�L�tO1cL.Ids. IIntf M M1!PO FF t-.KtA� C La�14SLArL aACf LM" K ftwK i e 4iP IMF IPRIM r 0 IFLi,La- M, r%( Tft M Ct YECJFKIIIMI Fy AY)11[o14 KEuIKoltA". I. ILL II Lev T,PK AAIC.IAA A- xwllr0 A,f11 L1.4a K ,K YU AI Iti ,Jr W A M ILc. 1. ,w MPLIAM VIAL a1lr, W Iluel -t +X i,no u1VL 1, l[f, s[fE ouOlr[ar 1t0LmrI s r11ML'Alr. rLARI, ssrriRf.rlrE cultnLlrO AUK P LAS.xC +r , T40L If A0 4AAr[ ";K C WTI1tTlp - I.L LMITIM% M KK ITlers 1w.w1 IN LILY vFAorlw,L DAL,• AMr e.11IML frcltS KTKE. ,•45[ R. LAID aCirs. FILL, Ca.pf•IMS "ALL K ItraARa To 14 CI}, [101KIA. IA[ "''""PIA IS AlS lll[f W MHr."Mft*a Are 1aWp[ IP 111si I- VI IL IT I" "A Lp,S—T IPA A,Tr ro a1Wi I IPEAE cos. Ia ,I{ olI[1, '• �I IKrA1s� [tu- S�`w oK W ri[][� a iLwliil+�1 ir�w TAELI SLEW AISAEIr[. M.ArwoArP /s 1. [IT1 [AKw,.- -WI —k .1 K IM'."II uA[A ualarJ1nAAo .. sE,[T1,c ]hill l[Ilnfn I,b —IIIL Awa.IfuK fat —11— r[W[naArl [. 11-47 f I+. vEPlra .-� -I LaYlll. R•Aq -. '�.�4STER r L FrRa�- sLAFASE� r k-mnM INN' FII R ATpEC1 5 FORE Mon RE TAU AT OFSTIrNI LO nM srArnEo STVM _A ".r AiVT E l",P ' TER O n41OLIR1N P1niO ASOVE-SEE tWiE 1 ,irAl p,AARFmo, on,avo- SFaA]ORON Ii1 LELS J f �6­w NO1E— t TSEpP puV.11gf FOR RFyEri AMOAPRRpAAL i/eCFI,o FAelp[A.rydl ca1NMAc s LATOVT RTAp D&TO PATTW .TO W1cm"MTINO NL is 0R611E SI,gV1ryPNom AaOVE PRpRT0 ilU1TAfR1�G dRb NLwsI[R rINrTRRCYOR IOaBTNI•••J ems•^: i1RCHTECr,Wgpy.L ubdR Ta A FARM Ftd scWa n'ILLs TER for IOI , - - - I "k �A V 2'•W IWA-10NRT) amckwram E OROLlr ALL s1Apllo slot{ mM�OTP pAFTERN.fO AiLIa CF]s 1TNO PNASTEN bFVMtt 511bI pnoib ARoyE min Aa .- Ew sAAa INCORFlks TK. PILASTER SECTION MOT TO SCALi ECORATIVE PILASTPR - TYPICAI SECTION NOT Ta SCALE L}RyC EFAN4ST ,EAGER IU� Rn..e TEE - EL MMALI V R EAWE FlTTRlG RA,II a,qAFpAin £Tripp [�]ln.R F^ORR lTT%e bFE PNNsem CE,ft •1EL FL� OR If SFLLaYI ow WFF a 'A A' p pENmTEN of u A �ftI TER L`eR n TO sE pIf1ALIF0 rs F EEwAVETEN a AREA TmN14oL LoFAE Ioi RAttI TV [SElEO TO .AFET uFEws nowalwaol dow FyY�vr rwFolo (j)0DW cnw FR sIpPI1 .1ANWQL0 TO ❑F6SNE rp"-r' lr FEE pAEET A [I[�.Ea 'AOu EIIm1IIE RAw 9RP v RERES fsYPllE t ! POr>•ApLE iFs pRFLIE NCMF'oTA0.E %Flap fNApV1E 81$1 P0.TErNFLE NE 81AIr. nwuL ', I RlYr, O•RO al sEPoES RAnR ), �i 1rAF16 W1®, 9nFR POERr FLL OR RAN, �eF6TEE OR RlfE1 FF6/ACi6lnRIL.i4 NOTERAN q= I pEWT1E yETyrE LA FRAAL ROWS, RA^OEA-v RA,II✓FiO VMVEwr EAETIER sPA[PIy m BE NSEL OI,EO,L Trig 1R sEE RApF�pE TNL •!FS Aw Fr.Al,T iMTERNL6 NA Cn4CLs IN ELEVATpI sEF PAw dRO lFAp OFNFnsIi PELIEF' V•AFS AIR iYEL1EF v4Wyt KTT .TT NPVC NATAlLAnON OVIOE FOR'w!0!.ESTEp SP EEGWRIT ?. Ls2+GTH T1I OF OF �aT EAypLF,E LATEIGu .F,pap PAIN?RO Tf4TIA-0iE FiTIN9 Nbt tIF AIAIOL. Maws, [ n'�I[ NPn-E LENoiN As TAMA TAI F..nI TIE TAOEE LW TO p OETAR F. L. wrF vALA iv BE piSTAy,E1l ATIK HFSFsslAv O PGM OF ARFA l.Q 1 XFS SUB-5URFACF ❑RIPLINF WT TO SCALE y W,e R{,pTEiyl j J TNEk POgipAµ .{.Jl �L1WE�A�FA TR,ES Tfi OEvn, �dE TiEi TIEp�.Piw f11'TE RtldiLWL1eR+Va C>i TIE ROO TpyI yOnRiv aoE s.�F iGueFT ltlEi of PLANS fli FLAIlT RT ��,, _ Qj fEr IIFRWrlMl tl,iN.%NRWG RIdO iFNi ROgT �Pb,1FI ly ••AlovE OR.1[E ��f\Trsb twi [Po,VV la •A9oyE FFsin cRAc( �S.�ECIr.�,Er�gH�6��V OS�-r„HG H AVc.FRL RLAI MAI TK - ] Z-} {f AROLNC R%V WLL A FYEEYI Ti TALVR u WITLMCAACLwaPmiwi (�RLANTEIO TAN 1F FER T E SaE4EKATR 1!S py PLANTNa TARETE PCR 1W ©F An A•,RggA s AT rNE 9" W sAIELSEIunbNe TIE MI+FIIfi-T r ESVEn1E rMNG/1bih.5M.r n! V E IEWTN ro 6ETO 9F u0 EDGE OF SIE FLANTHG RF GAM tA1F TO RE.WE AIR U&M AM EAI a EtltlGATE YIETNfoLE TO 9li•iLC 5 P is Am Fyp1F,s Am A{>0 ALDTIONL4 9Apm,1 Af s AECCi1NRT 61CiFEl uo IEIW. ruuu sAsw. � y� rAl�ra �[NFr+E a.eru-t¢r. A.p Aco AFnrlFxiEl eAa.sILL As 1!(1SLWY �SrucE SELowawwcE TraEE CO) 1RE4nlStt PER iRe{i•v1 T.PRb1}lEi� rA y i �j TLArFRO BAFeL AEyICII EviIALL mcaAnE ae .r•P�Ia+EO E4w� ! � ■Ald AIµCN LAVCR T AYMVFNpy •+wRR C'FfIrFR R ���� (T-a t'pAUE F{Ra Tv Lore LtlOGEftl1} PEE .rAlE Ll F[ZL,'REEJF6 _1 i OF frr_IRE! ! • I [r7 E.A13Tr.c s,.00RA(E 1 n IT ROOlW1 LpFaTE 6TAAla elpAy.LEI Fo TIE GMlCIId1 OF 1lE I•IlvNLwG wNpNv dl.v! - iN1i[ T pEFO M RIpOlMd. A AMI.Ap f1 ] a LL ',�"Ii V.0 WTERRRROiT lA TMRTH sE TNA1, .s Fppy RsvEO FlITA1 A/EI MR fYE ��:r✓: - I . EFFC,FMA I� pyyTA{L r aE,ow rvP of �ursR of AALAa T RAR<uucn A y,rER r nyg) F Rpy TRFF OECENTER [a.7a R cu1R ,w ouTTER vR aOErvMA PEA - iFrt cnnTmcT1ONPW4 {N1 E--n- suCFwuPE SHRUG AND-GROUNDCOVER PLAN 1 NG 1REE PLANT aQ2 S i k�JIL-, - W, 10 SCALE Not 19 SCALf it EwsrRT I �yF,FE .� R'V'hRJRWhE L[4Py��Y,&"Saw 6 _� .. . • �. .+ ... RAsp!E�PO V N.FIS 1L Fk)FARE A[E [YRTNE T74 2 ) � � TIE OoreTSTAwE RAN BILP :ocos0 w1El oEra n +F,EE nq�tllON T MOk�ugi e[b TT11 rilin,RAa �R LOFNFD�li TFFST sE%gZ'NEE FEET WP IR Fu FEET W 1. ATF� � �lTF�E! ST�1f1Es dL EAo7CRG�OF rt4 [iiy jG[ p�EpgF FppR,i�llfri s MV/I STA aF� TRENUIO VA TXI F W-1Rxp,APE IIF e1 xFS SUB -SURFACE. ORIPIINE BURIAL NO4 to SCALE %FCV pypllnR pIHmYM 1,1A►ral LARglhF [FOMI Irz," wFRlrEwR pl NER.W FLlw1EFM wrl.r Alw ll.AY - - yE tp i>• 35A ils it l5. ]� Ap Ssi >A aT la, srl /n b Ay5 9ss Ai s2. FV 3M tAM rt a FLAm .w•f FINSAEp CRKE xF iW /s1EAs LE�.F/A'AOR�iF�E•t NHryE OR AFKaI[(D s'Ji Y1 F!. nF: Lb166M1F: [X rV10 eo. bPVL SFRF£ E-1E OIE RW bPrt TQ 81 aEr.on eoL e1sFLa OIE Fn. o Is.te IFJY:Try A; 1rtG ,j1tlPK ayl RrIF,,: Iu1lA.9NNFA• F4E'sCE 'LDS'; •.�l�r:�'c1�.�J;E.Ii WnT hstl.y SFAM rvEApE y'w yRAvm4 MxivRA"VeFA�ylh„ tC'o—ibl Q-VA,f Fra. V.1A OR CI.RLF" rF POP-UP SPRINKLER Nnl TO AjCAU •ten ►I., R.41W u•� r Tr..irle.A -TEAn nF Eia rII, ••i .[pl ar Ki Mays F — -- • -. TRANxI.I j7lM- LVE�w LRIF rr, or NIRE CT]ILFn V YiLI! RPR[•[F r._wE [,F✓. MN RmO O6 sRFAEi I v :i o�=w ANTI-FNv,viLv! IW N a/qS lOo-AsvF w4uF pvau0E0 W .ACL106PFf OTI ©PPE.+A.EE R[TF,AA THf: FILTER MIN (Mb PRF-TWP[r u.oLw[oIN. s.ImwF wn �Pk adlpuAON E' ILC ALAI N,YIE AOAPTEP cow MfY,T1 RCS13TAM Pvt lOa AD MM [1 OF n �swaElr fAFOfJroP of ix,Edt I�o PVE'F71 RQ Eli 116 R CI]PK LATERAL FRRE II OF ]1 6 ANTI -SIPHON CONTRO QNF KIT NUT TI1 iCELi HARBOR ISLAND BRIDGE NEWPORT BEACH, CALIFORNIA BRIDGE RETROFIT clT in. LANDSCAPE DETAILS 11-48 EXHIBIT C INSURANCE REQUIREMENTS 1. Pro►risions of Insurance. Without limiting the indemnity provisions of this Lease, the Lessee shall procure and maintain in full force and effect during the term of this Agreement, the following policies of insurance. The Lessor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If Lessee does not deliver copies of acceptable insurance policies with Lessor incorporating such changes within thirty days of receipt of such notice, this Lease shall be in default without further notice to Lessee, and Lessor shall have the sole right to terminate this Lease in addition to other remedies available. If the existing policies do not meet the insurance requirements set forth herein, the Lessee agrees to amend, supplement, or endorse the policies to d❑ so, 2. Acceptable Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A-:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the City. 3. Minimum Scope and Limit of Insurance A. Commercial General Liability (CGL) which affords coverage at least as broad as Insurance Services Office 'occurrence" form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than three million dollars ($3,000,000) per occurrence and five million dollars ($5,000,000) in the general aggregate. B. Workers' Compensation Insurance Lessor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Lessor 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. C. Pollution Legal Liability including onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, non -owned disposal site liability, defense costs, cleanup costs, and pollution conditions that arise from or in connection with the transportation (including loading and unloading) of any waste or waste materials off or away from the premises, Coverage shall be provided for both sudden and accidental and gradual and continuous pollution events with limits no less than five million dollars ($5,000,000) each loss and five million dollars HARBOR ISLAND COMMUNITY ASSOCIATION Page C-1 11-49 ($5,000,000) in the aggregate. The policy shall not exclude any hazardous materials for which there is exposure. D. Property Insurance shall be maintained on an "All Risk" basis, including collapse, equal to the full replacement cost of the property leased with no coinsurance clause. Lessee shall be solely responsible for the payment of any deductible. E. Builder's Risk Insurance during construction, reconstruction or alteration of any improvements on the premises against "all risk" of physical loss, including, without limitation, the perils of flood, collapse and transit, with deductibles acceptable to Lessor, covering the total cost of work performed, equipment, supplies and material furnished on a replacement cost basis. F. Excess/Umbrella_ Liability Policies If any excess or umbrella liability policies are used to meet the limits of liability required by this Lease, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all the insurance requirements stated in this Lease, including, but not limited to the additional insured, primary & non-contributory and waiver of subrogation insurance requirements stated herein. No insurance policies or self-insurance maintained by the City, whether primary, reinsurance or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a foss until Lessee's primary and excess/umbrella liability policies are exhausted. 4. Endorsements Insurance policies shall not be compliant if they include any limiting provision or endorsement contrary to this Lease, including but not limited to restricting coverage to the sole liability of Lessee or excluding contractual liability. The following endorsements shall be provided to the City. A. Commercial General Liability, and Pollution Legal Liability Policies: 1. Additional Insured: The Lessor, City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees and State of California are to be covered as additional insureds for the liability and defense of suits or claims arising out of the activities, work or operations performed by or on behalf of the Lessee including materials, parts or equipment furnished in connection with such work or operations on all liability policies, except professional liability. Commercial General Liability additional insured endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or both CG 20 10 or CG 20 26, and CG 20 37, HARBOR ISLAND COMMUNITY ASSOCIATION Page C-2 11-50 2. Primary and Non -Contributory: This insurance is primary to and will not seep contribution from any other insurance whether primary, excess, umbrella, or contingent insurance, including deductible, or self-insurance available to the Lessor, City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, employees and State of California for all liability policies. The Commercial General liability primary endorsements shall be at least as broad as ISO CG 20 01 04 13. B. Workers' Compensation: 1. Waiver of Subrogation: Any right of subrogation against the Lessor, City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, and employees shall be waived. Subcontractors shall waive C. Property Insurance: 1. Loss Payee: Losses payable under the policy shall be paid to the City as its interests may appear, 2. Waiver of Subrogation: Any right of subrogation against the Lessor, City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers, and employees shall be waived. G. Insurance Obligations of Lessee The City requires and shall be entitled to Lessee's broader coverage andlorthe higher limits if Lessee maintains broader coverage and/or higher limits than the minimums shown above. Any available insurance proceeds excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Lease are sufficient to cover the obligations of Lessee under this Lease. The procuring of such required policy or policies of insurance shall not be construed to limit Lessee's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease. H. Notice Of Cancellation Required insurance policies shall not be cancelled, or coverage reduced until thirty (30) days written notice of cancellation has been served upon the City, except ten (10) days shall be allowed for non-payment of premium. HARBOR ISLAND COMMUNITY ASSOCIATION Page C-3 11-51 I. Waiver Of Subrogation Required insurance policies shall not prohibit Lessee from waiving the right of subrogation prior to a loss. The Lessee shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. J. Evidence Of insurance All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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, Lessee 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. K. Self -Insured Retention Self -insured retentions (SIR's) must be declared to and approved by the City. The City may require Lessee to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the SiR. The policy language shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City. Self -insured retentions shall be the sole responsibility of Lessee, or subcontractor who procured such insurance. The City may deduct from any amounts otherwise due Lessee to fund the SIR. The policy must also provide that defense costs, including the allocated loss adjustment expenses, will satisfy the SIR. L. Contractual Liability The coverage provided shall apply to the obligations assumed by Lessee under the indemnity provisions of this Lease. M. Failure To Maintain Coverage The Lessee agrees to suspend and cease all operations hereunder during such time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. Should Lessee not provide City with proof of the required HARBOR ISLAND COMMUNITY ASSOCIATION Page C-4 11-52 insurance coverage to the satisfaction of the City's risk manager, Lessee covenants and agrees to pay to City on demand any and all sums expended by it in correcting any such deficiency, together with an administrative fee, which shall be twenty percent (20%) of City's total expenses incurred. Notwithstanding the foregoing sentence, if within ten (10) days after loss of coverage, Lessee obtains and provides evidence of required insurance coverage acceptable to City's Risk Manager, the Lessee may continue operations. The insurance policy effective dates shall be retroactive to ensure no gap in coverage. N. Claims Made Policies If coverage is written on a claims -made basis, the retroactive date of such insurance and all subsequent insurance shall coincide or precede the effective date of Lessee's initial Lease with the City and continuous coverage shall be maintained, or an extended reporting period shall be exercised for a period of at least ten (10) years from termination or expiration of this Lease. C. Insurance for Subcontractors Lessee shall be responsible for causing subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Lease, including adding the City as an additional insured, providing primary and non-contributory coverage and waiver of subrogation to the subcontractor's policies. HARBOR ISLAND COMMUNITY ASSOCIATION Page C-5 11-53 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has entered into with HARBOR ISLAND COMMUNITY ASSOCIATION, hereinafter designated as the "Principal,'' a lease agreement for the use of the Property and Improvements at the property located at and around Harbor Island in the City of Newport Beach, in strict conformity with the Lease on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Lease and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( }, lawful money of the United States of America, said sum being equal to 100% of the total amount payable for completion of the Improvements, and being over Twenty Five Thousand ❑ol[ars and 00/100 ($25,000,00), payable by the City of Newport Beach under the terms of the Lease; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators. successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions. or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such Worm or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to such Work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fife claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. HARBOR ISLAND COMMUNITY ASSOCIATION Page D-1 11-54 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Lease or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Lease or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON TRACTOR AND SURETY MUST BE ATTACHED HARBOR ISLAND COMMUNITY ASSOCIATION Page D-2 11-55 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss On , 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their stgnatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) HARBOR ISLAND COMMUNITY ASSOCIATION Page D-3 11-56 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, HARBOR ISLAND COMMUNITY ASSOCIATION, (hereinafter referred to as "Tenant") is a tenant of the City of Newport Beach, a California municipal corporation and charter city ("City"), and has entered into a lease agreement for the use of the Property and Improvements at the property located at and around Harbor Island in the City of Newport Beach, in strict conformity with the lease agreement dated ("Lease") WHEREAS, Tenant has awarded to the 'Contractor') an agreement for the , (hereinafter referred to as (hereinafter referred to as the `Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated . (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference, and WHEREAS, the Contractor is required by said Contract Documents and the Lease to furnish a bond for the faithful performance of said Contract Documents for the benefit of City and Tenant. NOW, THEREFORE, we, the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City and the in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship, and shall indemnify and save harmless the City, the Tenant, and their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City and the Tenant in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a HARBOR ISLAND COMMUNITY ASSOCIATION Page E-1 11-57 period of one (1 ) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City and the Tenant from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's or Tenant's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City or the Tenant to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's and Tenant's option Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City and the Tenant may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [Signatures on the following page] HARBOR ISLAND COMMUNITY ASSOCIATION Page E-2 11-58 Name of Contractor (Principal) Name of Surety Address of Surety Telephone (Attach Attorney -in -Fact Certificate) The rate of premium on this bond is charges is $ (The above must be filled in by corporate attorney) Any claims under this bond may be addressed to: (Name and Address of Surety or Agent for Service in California) APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney Authorized Signature/Title Attorney -in -Fact Print Name and Title (Corporate Seal) per thousand. The total amount of premium NOTARY ACKNOWLEDGMENTS OF CON►RACTOR AND SURETY MUST BE ATTACHED HARBOR ISLAND COMMUNITY ASSOCIATION Page E-3 11-59 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) SS On 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seai. Signature (sea)) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } SS. On , 20before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) HARBOR ISLAND COMMUNITY ASSOCIATION Page E-4 11-60 EXHIBIT F MEMORANDUM OF LEASE HARBOR ISLAN❑ COMMUNITY ASSOCIATION Page F-1 11-61 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 [Exempt from Recordation Fee - Govt. Code §§ 6103 R 27383] MEMORANDUM OF LEASE AGREEMENT This Memorandum of Lease Agreement ("Memorandum") is dated 202_, and is made between CiTY OF NEWPORT BEACH a California municipal corporation and charter city ("Lessor' or "City") and HARBOR ISLAND COMMUNITY ASSOCIATION, a California nonprofit, common interest development association corporation ("Lessee"), concerning the premises as depicted in Attachment 1," attached hereto and by this reference made a part hereof ("Premises"). For good and adequate consideration, Lessor leases the Premises to Lessee, and Lessee hires them from Lessor, for the term and on the provisions contained in the Lease Agreement dated , 202_ ("Lease"), including without limitation provisions prohibiting assignment, subleasing, and encumbering said leasehold without the express written consent of Lessor in each instance, all as more specifically set forth in said Lease, which said Lease is incorporated in this Memorandum by this reference. The term is (_) years, beginning , 202, and ending , 20_, and (_) additional successive "Option Terms" of {_) years, on the same terms and conditions contained in the Lease as it may be amended from time to time. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used in interpreting the Lease's provisions. In the event of conflict between this Memorandum and other parts of the Lease, the other parts shall control. Execution hereof constitutes execution of the Lease itself. Assessor's Parcel Number: [Signatures on the next page] HARBOR ISLAND COMMUNITY ASSOCIATION Page F-2 11-62 LESSOR: LESSEE: City of Newport Beach, HARBOR ISLAND COMMUNITY a California municipal corporation and ASSOCIATION, a California nonprofit, charter city common interest development association corporation Grace K. Leung City Manager ATTEST: Lena Shumway City Cferk APPROVED AS TO FORM: Aaron C. Harp City Attorney Attachments Heather Madden President Michael Hayde Treasurer Lessee must sign in the presence of a notary pubic Attachment I — Premises Depiction HARBOR ISLAND COMMUNITY ASSOCIATION Page F-3 11-63 ATTACHMENT 1 PREMISES DEPICTION HARBOR ISLAND COMMUNITY ASSOCIATION Page F-4 11-64 '. '. ;. ..'. " :.,..I..f - 65 11-66 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) HARBOR ISLAND COMMUNITY ASSOCIATION Page F-5 11-67 Attachment B Property Depiction 11-68 a: �R H.I. HOA Lease Area 5,262 ft 2 City Tidelands 1,160 ft 2 - 17 ft. County Tidelands 3,407 ft 2 1\ , }T r � El 26 ft. W,14 _7 __ El 04 22 ft. A* / I y. Costa Me-, Harbor Island Bridge Restoration Project° NNBGE ACH h Harbor Islands Home Owners Association City of Newport Beach GIs Division Lease Agreement Area October 24, 2025 DISCLAIMER NOTICE: By accessing IM1e datosets mops contained in or ottadred ro IM1is email, you agree to be bound by the OF, H Newport B—h TERMS OF USE, wM1IcM1 —Id be reviewed in ils entirety_ Horborlsland8ridgeProlacr 0' Please note: The dotasets/maps, and any related matenols canaired therein, moy.main nmcanformgies, defect; and/or errors. They ore being provided "os if' wglwut warranty of o`ry kind, egher express or implied. BY ACCESSING THESE DATASETS/MAPS, YOU ASSUME ALL RISK AND RESPONSIBILITY THAT MAY ARISE FROM OR IN MANNER RELATE TO YOUR USE AND REPRODUCTION THEREOF AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND INDUSTRY STANDARDS. �7O Attachment C City Council Policy F-7, Income and Other Property 11-71 INCOME AND OTHER PROPERTY The City owns and manages an extensive and valuable assortment of property including streets, parks, beaches, public buildings and service facilities. The City also owns or ground leases and/or operates a yacht basin, resort hotel and apartment property, a luxury residential development and various other income - producing properties. Much of the income property is tidelands, filled tidelands or waterfront. Unencumbered fee value of income property is substantial. As owner/manager of property, the City is the steward of a public trust, and state law requires the City to maximize its returns on state -managed property or be subject to a charge of making a gift of public funds. Nevertheless, the City Council recognizes the importance of this property not only as a revenue generator, but also as a means to provide otherwise financially less feasible uses and facilities that benefit the community. In managing its property, the City will continually evaluate the potential of all City owned property to produce revenue. This may include leasing or licensing unused land, renting vacant space, and establishing concessions in recreation areas or other similar techniques. The City Council will evaluate the appropriateness of establishing new income generating opportunities on City controlled areas using sound business principles and after receiving input from neighbors, users and the public. The policy of the City Council is that income and other property be held and managed in accordance with the following: A. Whenever a lease, license, management contract, concession or similar action regarding income property is considered by the City, an analysis shall be conducted to determine the maximum or open market value of the property. This analysis shall be conducted using appraisals or other techniques to determine the highest and best use of the property and the highest income generating use of the property. B. All negotiations regarding the lease, license, management contract, concession, or similar action regarding income property shall include review of an appraisal or analysis of the use being considered for the property conducted by a reputable and independent professional appraiser, real estate consultant, or business consultant. C. The City shall seek, whenever practical and financially advantageous, both in the short and long term, to operate or manage all property and facilities directly with City staff or contractors, provided staff have the expertise needed to competently do so, or to oversee the work of contractors. D. In most negotiations regarding the lease, license, management contract, concession, or similar action regarding an income or other property, the City shall seek revenue equivalent to the open market value of the highest and best use; and, whenever practicable the City shall conduct an open bid or proposal process to ensure the highest financial return. 11-72 E. However, in some circumstances the City may determine that use of a property by the public for recreational, charitable or other nonprofit purpose is preferred and has considerable public support, in which case the City may determine that non -financial benefits justify not maximizing revenue from such property. In such circumstances, the City has a vested interest in ensuring that the lessee of such property operates the activities conducted on or from the property in the manner that has been represented to the City throughout the duration of any lease or contract with the City. F. Whenever less than the open market or appraised value is received or when an open bid process is not conducted, the City shall make specific findings setting forth the reasons thereof. Such findings may include but need not be limited to the following: The City is prevented by tideland grants, Coastal Commission guidelines or other restrictions from converting the property to another use. 2. Redevelopment of the property would require excessive time, resources, expertise and costs, which would outweigh other financial benefits. 3. Converting the property to another use or changing the operator, manager, concessionaire, licensee, or lessee of the property would result in excessive vacancy, relocation or severance costs, real estate commissions, tenant improvement allowances, expenses or rent concessions which would outweigh other financial benefits. 4. Converting residential property to another use or opening residential leases to competitive bid would create recompensable liabilities and other inequities for long-term residents. 5. The property provides an essential or unique service to the community or a clearly preferred use that enjoys substantial support in the community that might not otherwise be provided were full market value of the property be required. 6. The property serves to promote other goals of the City such as affordable housing, preservation of open space, uses available to the public or marine related services. G. Generally, lengths of licenses, leases, management contracts, concessions, or similar agreements will be limited to the minimum necessary to meet market standards or encourage high quality improvements and will contain appropriate reappraisal and inflation protection provisions. Also, all agreements shall contain provisions to assure complete audits periodically through their terms. H. All negotiations regarding the license, lease, management contract, concession or similar action regarding income property shall be conducted by the City Manager or his/her designee under the direction of any appropriate City committees. I. To provide an accurate accounting of actual net revenues generated by the City's income property, all costs directly attributable or allocable to the management of a specific income property shall be charged against the gross revenues collected on that property in the fiscal year the costs are incurred. Costs so chargeable include, but are not limited to, property repairs and maintenance, property appraisals, and consultant fees, as authorized by the City Council, City Manager, or by this Income Property Policy. 11-73 J. The City Manager or his/her designee is authorized to sign a license, lease, management contract, concession, or similar agreement or any amendment thereto, on behalf of the City. Notwithstanding the foregoing, the City Manager or his/her designee, or a City Council member, may refer any license, lease, management contract, concession or similar agreement or any amendment thereto, to the City Council for its consideration and/or action. K. The City's portfolio of quality income producing properties adds an element of diversification to a portfolio otherwise invested primarily in financial assets. Certain of those income properties are restricted from sale by their terms of grant, state agency regulations or rules, other federal and state guidelines, private covenant or agreement or otherwise. For those properties not so restricted from sale, an analysis shall be prepared to determine the following prior to such income producing property being offered for sale: The maximum open market value of the City's interest in the property in its as is condition. 2. If the property is in an important location, a determination of the possible future consequences of the City no longer controlling that property. 3. If the current rent is contractually low and significant rent increases are likely within a finite period. 4. The likelihood of significant increases in the ability of the property to generate income after the expiration of any current lease of the property. 5. The likelihood of a lease extension being requested by the tenant and the ability to substantially increase rents or require significant improvements to enhance the utility and the value of the property as consideration for granting such an extension. 6. The value of the revenue stream from (i) lease income over the life of an existing lease and/or (ii) likely lease revenue if an existing lease were to be renewed or the property re -let to a different tenant; and/or (iii) lease income from the property if it were to be converted to its highest and best use, compared with the financial benefits of the use of the proceeds of a sale and if, considering the totality of the circumstances, such use of the proceeds of a sale is preferable to retaining the property in question. History Adopted F-24 — 7-27-1992 Amended F-24 — 1-24-1994 Amended F-7 — 2-27-1995 Amended F-7 — 2-24-1997 Amended F-7 — 5-26-1998 Amended F-7 — 8-11-2009 Amended F-7 — 5-14-2013 Amended F-7 — 2-12-2019 Amended F-7 — 11-14-2023 11-74