HomeMy WebLinkAboutSANTA ANA VENTURE - 1987
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AGREEMENT FOR LANDSCAPING,
IRRIGATION AND MAINTENANCE
THIS AGREEMENT is made as of the ~ day of
/~i"Z~~~~2' 1987, by and between THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA, a
public body, corporate and politic ("Agency"), the CITY OF
SANTA ANA, a municipal corporation of the State of California
("City") and SANTA ANA VENTURE, a California limited
partnership ("Developer").
W I T N E S S E T H, T H A T:
WHEREAS, Agency and Developer have entered into that
certain Participation Agreement, recorded on May 17, 1984 in
the Official Records of Orange County, California, as
Instrument No. 84-206421, which agreement provides for, among
other things, the redevelopment of certain property located in
the City of Santa Ana, California (the "Site"), and the design
and construction by Agency, at Agency's expense, of a
publicly-dedicated road (the "Perimeter Road") along the
southern, western and northern perimeters of the Site.
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WHEREAS, Agency and Developer have also entered into
that certain unrecorded Implementation Agreement, which
agreement provides, among other things, that the design and
construction of the Perimeter Road will be performed by
Developer, subject to Agency's reimbursing Developer for the
actual cost of such design and construction and making certain
administrative payments to Developer.
WHEREAS, Agency desires that Developer's design and
construction of the Perimeter Road include the landscaping of a
portion of the Perimeter Road (the "Lanscapinq Area"), as the
Landscaping Area is shown on the plans listed on Exhibit "A"
attached hereto and made a part hereof, which plans have been
received and reviewed by the Agency.
'+~II~iEREAS, City and Developer desire to provide for the
maintenance of such landscaping by Developer, and the
irrigation by City and Agency of the Landscaping Area and
certain portions of the Site (the "Site Irrigation Area"), as
the Site Irrigation Area is shown on the plans listed on
Exhibit "A".
NOW, THEREFORE, for and in consideration of the mutual
covenants and conditions herein set forth, Agency and Developer
hereby agree as follows:
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-- - --[§1007 PURPOSE OE AGREEMENT -
Agency and Developer desire to implement the
Participation Agreement by providing for certain changes in the
landscaping of the Landscaping Area and the irrigation of the
Irrigation Area.
II
[5200] LANDSCAPING OF LANDSCAPING AREA
Notwithstanding anything to the contrary contained in
the Participation Agreement or Implementation Agreement, it is
specifically understood and agreed that (a) the work to be
performed by Developer under the Implementation Agreement shall
include the landscaping of the Landscaping Area (including,
without limitation, ground cover, soil preparation,
installation of irrigation systems, and planting of street
trees) and (b) the amounts paid or to be paid by Developer for
the landscaping of the Landscaping Area shall be deemed to be
amounts paid or to be paid by Developer for the design,
engineering and construction of the Perimeter Road, for
purposes of calculating the "Progress Reimbursements", The
Agency shall contribute towards such landscaping the amount of
$130,941, which amount is comprised of the following;
(i) $122,741 for the actual costs of installing the landscaping
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and irrigation facilities, (ii) $4,500 for revising the
existing landscape and irrigation drawings in accordance with
the standards of the City of Santa Ana, and (iii) $3,700 for
the plant selection and supervision services of the Landscape
Architect. The Agency approves the bid proposal of Toyota
Landscape Co., Inc. ("Toyota") dated December 16, 1986,
together with addendum i dated December 10, 1986, which bid
proposal is attached as Exhibit "B" hereunto annexed and made a
part hereof. The amount of the Agency contribution may be
increased or decreased as a result of such change orders
entered into by and between the Developer and Toyota as may be
approved beforehand by the Agency's Executive Director in his
sole discretion. All other amounts payable in connection with
such landscaping shall be borne by Developer.
III
[300] MAINTENANCE OF LANDSCAPING
Both before and after the dedication of the Perimeter
Road to the City, Developer agrees to maintain the landscaping
planted in the Landscaping Area in a healthy condition, subject
to Agency's obligation to provide irrigation as described
below. The Agency does not agree to bear the cost of replacing
dead or damaged trees.
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IV
[§ 400] IRRIGATION OF LANDSCAPING AREA
AND SITE IRRIGATION AREA
City and/or Agency agree to irrigate, or cause to be
irrigated, the Landscaping Area and Site Irrigation Area to the
extent necessary to keep the landscaping thereon in a healthy
condition. All costs for water shall be paid for by City
and/or Agency without reimbursement by Developer.
V
[§500] TIME FOR ACCEPTANCE OF AGREEMENT; COUNTERPARTS;
DATE OF AGREEMENT
This Agreement, when executed by Developer and
delivered to the Agency, must be authorized, executed and
delivered by City and Agency on or before fifteen (15) days
after this Agreement is signed by Developer, or this Agreement
may be terminated by Developer on written notice to Agency.
This Agreement may be executed in counterparts, each of which
shall be deemed an original. The date of this Agreement shall
be the date when this Agreement shall have been executed by
Agency.
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VI
[§600] NO OTHER MODIFICATION
Except as modified herein, all terms and provisions of
the Participation Agreement and implementation Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the Agency and Developer have
signed this Agreement as of the dates set opposite their
signatures.
SANTA ANA VENTURE,
a California limited partnership
By CENTER PARTNERS, LTD.,
an Illinois limited partnership,
(transacting business in California
as Illinois-Center Partners, Ltd.),
General Partner
By JMB SHOPPING CENTERS, INC.,
an Illinois corporation,
General Partner
By ~ '
Ron R. Brunswig
Vice President
By FASHION SQUARE VENTURERS,
a California general partnership,
General.Partner
By
Generall Partner
DATE EXECUTED
BY DEVELOPER:
~_,a~J 10 19~
By
General partner
9802a/07-14-87
(signatures continued on next page)
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(signatures continued)...
Attest:
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Cynt is J. N son
Executive D rector
DATE EXECUTED BY AGENCY:
19
Attest:
ce C. Guy
Clerk of the Counc'
DATE EXECUTED HY CITY:
~/~i 7 19 Y~
APPR D S TO FORM:
Edward J Co per
City Att y
Agency Legal Counsel
9802a/07-14-87
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COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SANTA ANA,
a public body, corporate and
politic
By
Dani 1 H. o
Chairman
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AR roved to n~, t
City k4anager
CITY OF SANTA ANA,
a municipal corporation of
the State of California
" . ,~„ ..r
Main Place
Santa Ana
E}QiIBIT "A"
Specifications November 21, 1986
Addendum # 1 December 10, 1986
Addendum # 2 December 11, 1986
LIST OF DRAWINGS
Sheet No. Title Date
L-1 Landscaping Plan November 21, 1986
L-2 Landscaping Plan/ November 21, 1986
Details/Planting Plan
LI-1 Irrigation November 21, 1986
LI-2 Irrigation November 21, 1986
LI-3 Irrigation Details November 21, 1986
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Main Place
Santa Ana
Proposal of
~ Address
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EXHIBIT 8
BID fOR,M N0. 1
GENERAL CONTRACT -MAIN PLACE
Toyota Landscape Co., Inc.
1568 N. Tustin Ave.
Orange, Ca. 92667
Bid form
BF - 1
To: Ron Brunsrig
Santa Ana Venture
2 fashion Square
Santa Ma, CA 92101
Gentlemen:
,19 sb
Pursuant to and Sn compliance with the Invitation to Bid and proposed Contract
Cocuments relating to construction of:
Pro ect: Main Place
Santa Ana, California
the undersigned, having become thoroughly familiar with the terms and conditions
of the proposed Contract Documents and with the local conditions affecting the
performance and costs of the Work at the place where the York is to be completed,
and having fully inspected the site in all particulars, hereby proposes and
agrees to fully perform the Mork within the time stated and in strict accordance
with the proposed Contract Documents, including furnishing any and all labor and
materials. and to do all of the work required to construct and complete the said
York in accordance with the Contract Documents, for following lump Sum price:
A. Base Bid: All labor, ~ateriais, services, and equipment necessary for
cow etion of the Mork Shorn on the Drarings and/or described in the
Speciflutions.
Base Bid:
One Hundred Thirty Six Thousand Two Hundred One Dollars (S 136,201.00 1
lised !'te included in Bast Sid: ; 1,930.00 .
Made this 16th
day of December
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BID LIST FOR MAIN PLACE ROADWAY
ITEM
BID COST
INCLUDES MATERIALS
QUANTITY AND INSTALLATION
1. Soil Amending, Preparation
Top Dressing and Mulch
2. Soil Amending, Preparation &
Top Dressing for Arecastrum
romanzoffianum and
Washingtonia robusta
244 cu.yd 7,120.00
138 cu.yd
3. Perforated Drain Line for Trees 122
4. Herbicide Application, Weed
and Pest Control 38,752 sg. ft
5. Plant Material
Exterior
36" Box 76
25 BTF Washingtonia robusta 40
20 BTF Arecastrum romanzoffianum 6
15 Gallon 48
5 Gallon ~~~
Groundcover
6. Irrigation
7. Maintenance (90 days)
8. Miscellaneous (Identify)
TOTAL
Supply monthly &ervice cost for
maintaining landscape and
irrigation after completion of
maintenance period.
38,752 sq.f
2,415.00
1.464.00
144.00
33,245.00
26,080.00
5,760.0
1,221.00
2.385.00
t 3.494.00
49,083.00
1,860.00
134,271.00
620.00
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ADDENDA: Undersigned acknoxledges receipt of the following Addenda:
Addendum No.1dated Milo 1986
Addendum No._dated 1986
Addendum No. dated , 1986
Addendum No._dated 1986
Addendum No._dated , 1986
Addendum No. Gatrd , 1986
ALTERNATES:
Acceptance or re~ectlon of each Alternate Bid is at the discretion of the Owner..
None, any, or all Alternate Bids auy be accepted or rejected in any sequence by
the Owner. Bidders shall include under each Alternate Bid net dollar amount all
changes in costs, whether additire or deducttre, resulting to the York of all
Sections affected by Alternate Bids. Bidders shall determine the full extent of
Mort affected by each Alternate Bid and shall Hake full and proper allowance for
such extent to the preparation of Bids. Following are the ^inloum requirements
and shall yorern except as exceeded by requirements of Orarings, other Sections,
or Code. The worknansAlp and Materials not abdlfied under the Alternate Bids
shall confon to Drawings and pertatning Sections of the Specitlcations. If the
Owner accepts any or all of the folloring.Aiternates as described 1n thts Bid
corm, the Undersigned agrees to deduct from or add to the Lump Sum Base Bid, as
indicated, the following sums:
ADD ALTERNATE NO. 1
1. Soil Amending, Preparation,
Top Dressing and Mulch 11 c.Y. 325.00
2. Perforated Drain Line for Trees l0 120.00
3. Herbicide Application, Seed
and Pest Control 1325 sg. fc. 5.00
4. Plant Material
36" Box
25 BTF Washinqtonia robusta
~roundcover
4. Irrigation
5. Maintenance (90 days)
6. Miscellaneous (Identify)
5 2,187.00
5 3,260.00
1325 sq. ft
119.00
1,783.00
60.00
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Main Place
Santa Ana
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Bid Form
BF - 4
CHANGE ORDERS:
For any Change Orders not covered in the unit prices above, change order nark-up
to cover overhead and profit shall be:
1. For Subcontractors, allow lOX mark-up on the work.
?. For General Contractor, allow 4x mark-up on work of Subcontractors,
3. for General Contractor, allow 8x mark-up for work of his own forces.
CONDITIONS:
'The undersigned agrees that the 'General Conditions of the Contract' as issued
herewith shall become an essential part of the agreement to De signed between
the successful bidder and the Owner, whether a copy of such General Conditions
has actually been bound to the Contract Agreement or not.
Santa Ana
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CONSTRUCTION TIME:
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BF-S
The Bidder hereby also agrees to complete the work by the dates proposed by the
Owner in the Schedule of Completion.
BIO SECURITY:
The Bidder encloses herewith a certified check, cashier's check, or Bid Bond as
required in the Instructions to Bidders, in the amount of f
(10% of Base Bid price) which is deposited as a bid guarantee and Bidder agrees
that it shall be-forfeited to the Owner as liquidated damages 1n case this Did
is accepted Dy the Owner and the Bidder shall fail to furnish the required Donds
as provided for in the said Instructions to Bidders, or to properly execute the
Contract and/or furnish any and ail required insurance policies within ten (10)
days from the date of award of the Contract, otherwise said check or Bid Bond
shall be returned to the Bidder.
The Bidder understands that the Owner reserves the right to re,~ect this D1 d.
The Bidder also agrees that this bid shall be good and nay not be rithdrawn for
a period of sixty (60) calendar days efter scheduled closing time for receiving
bids.
CERTIFICATION: Undersigned hereby certifies that this Bid 1s completely genuine
and not sham or collusive, or made in the interests of or on behalf of any firm
or person not named herein, and that undersigned has not directly or indirectly
induced or solicited any other Bidder to tender a sham or false Bid or any other
person, firm, or corporation to refrain from bidding, and that undersigned has
not in any xay sought by collusion to secure an advantage over any other Bidder.
Main Place
Santa Ma
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Bid Form
BF - 6
PROPOSED SUBCONTRACTOR IISTIN6:
Trade or
Class of
Mork Proposed Subcontractor's Name, Address, and Telephone No.
_... ..___ Bid form
Santa Ana „~, gp _ 7
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PROPOSED SUBCONTRACTOR LISTING - CONTINUED:
Trade or
Class of
Work
Proposed Subcontractor's Name, Address, and Telephone Number
Exclusions: No import-export, no demolition, hardscape by others,
water b power by others, drain systems by others
grade + or - .10 by others
STATUS OF BIDDER must De stated xhether individual, partnership, or corporation;
if a partnership; give the full name of all partners; if a corporation, name the
State in which incorporated.
TYPE Of ORGANIZATION Corporation
( ndiv dua Partnership, orporation, Etc.
FIRM NAME Toyota Landscape Co., Inc.
kAMES Of FIRM MEMBERS
Kazuko Shimomura
Horiumi Shimomura
CONTRACTOR'S
President
Secretary Treasurer
CALIF. LICENSE N0. c2~ 357653 TELEPHONE (714) 974-2060
DATED THIS 16th ., _y DAY OF December , 1986
END OF BID FORM