HomeMy WebLinkAboutCity Council - 3875 RESOLUTION NO. 3875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND AUTHORIZING
EXECUTION OF A HOLD HARMLESS AND INDEMNIFICA-
TION AGREEMENT IN FAVOR OF THE ORANGE COUNTY
FLOOD CONTROL DISTRICT (STORM DRAIN EASEMENT)
WHEREAS, District and City have heretofore entered into
Agreement No . C747, dated December 12, 1972, under the terms
of which City is obligated to acquire from the necessary parties.
and convey to District the real property interests necessary
for the construction of the Huntington Beach storm drain, all
as more particularly set out in said Agreement No. C747; and
City has acquired and proposes to convey to District
certain real property interests; and
There is a question as to the quality of title which City
has acquired by reason of the fact that City' s grantor was the
owner of a long-term leasehold interest only, rather than the
owner of the fee; and
Signal Companies , Inc . and Signal Landmark, Inc . have
agreed to hold harmless and indemnify the City of Huntington
Beach with regard to title questions that may arise as to the
property subject herein,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby approve of and authorize the execution of the
attached Hold Harmless and Indemnity Agreement in favor of
Orange County Flood Control District with regard to the real
property described in Exhibit "A" of the attached Agreement
No. C894.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15th
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day of April, 1974.
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ATTEST: APPROVED AS TO FORM:
City Clerk City AttornV 71
2.
11 April 1974
TO: City Council
FROM: City Attorney
SUBJECT: Resolution No . 3875
Hold Harmless and Indemnity Agreement in Favor
of Orange County Flood Control District
The subject resolution was prepared upon request of the Public
Works Department in order to complete the transaction covered
by Resolutions No. 3873 and 3873A.
The Hold Harmless and-Indemnity Agreement by the city in favor
of the county concerns the title claims pertaining to the above-
referred to transaction covered by Resolutions No. 3873 and
3873A (Signal Landmark Newland property) . This agreement is
temporary and in lieu of title insurance to be granted in favor
of the county, which insurance will supplant the Hold Harmless
and Indemnity Agreement, approved herein. This insurance will
be provided upon the county's acceptance and recordation of the
property city is transferring to them by virtue of Resolutions
No . 3873 and the attached quitclaim deed.
Pursuant to the agreement between Signal Companies, Inc. , Signal
Landmark, Inc. and the city, covered by Resolutions No. 3873
and 3873A, all title claims are the responsibility of the orig-
inal grantors (Signal Companies , Inc . and Signal Landmark, Inc. )
by virtue of the agreement setting out hold harmless and in-
demnification protection on behalf of the city on "actions re-
lating to the city's title."
Thus, although the county requires subject Hold Harmless and In-
demnity Agreement, it will be of a temporary nature and the city' s
liability is adequately covered by the title insurance to be pro-
vided and/or the hold harmless and indemnity provisions of the
grantors on behalf of the city. The county is requiring the
agreement so that there will be no time lag (waiting for title
insurance) precluding it from awarding a contract for construc-
tion on the flood control facilities prior to the time when the
low bidder may withdraw, which time is drawing near.
Respectfully submitted,
DON P. BONFA
City Attorney
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Attachments
Res. No. 3875
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City g of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at 'a regular meeting thereof held on the 15th day
of —_ _April 19 74 by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs , Matney, Wieder, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio ;Clerk.-,
of the City Council of the tity,.
of Huntington Beach, California