HomeMy WebLinkAboutCity Council - 4865A RESOLUTION NO 4865A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING ARTERIAL BIKEWAY
SYSTEM PROGRAM WITH THE ORANGE COUNTY HARBORS ,
BEACHES AND PARKS DISTRICT AND THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
WHEREAS , city, district and state recognize the benefits
each will derive from the bikeway project , and all parties de-
sire that it be implemented as soon as possible; and
District' s Board of Supervisors approved the Arterial
Bikeway System Program and such program is part of the Master
Plan of County-wide Bikeways , and is a component of the
Recreation Element of the Orange County General Plan; and
Said program includes a proposed Pacific Coast bikeway in
the city of Huntington Beach; and
District has included in its 1979-80 budget funding in the
amount of $260,000 for purposes of constructing said segment of
the Pacific Coast bikeway,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it hereby approves the agreement
attached hereto and by this reference made a part hereof, and
the Mayor and City Clerk are hereby authorized to execute such
agreement.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of April , 1980 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
/ahb
3/11/80
1 .
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Y
Cit Administrator Director of Public Works
2.
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STATE BEACH. qE
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1 File TAB - 178 Agreements
2
A G R E E M E N T
4
5 THIS AGREEMENT, made and entered into this day of
6 19-
7
8 BY AND AMONG
9 CITY OF HUNTINGTON BEACH
10 HEREINAFTER REFERRED TO AS "CITY"
11 AND
12 ORANGE COUNTY HARBORS, BEACHES AND
PARKS DISTRICT, hereinafter
13 referred to as "DISTRICT"
14 ARID
15 STATE OF CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION hereinafter .
16 referred to as "STATE"
17
18 WITNE5SETH:
19
20 WHEREAS, DISTRICT'S Board of Supervisors on June 3, 1975, approved an
21 Arterial Bikeway System (ABS) Program as a basis for implementing selected
22 routes on the Plaster Plan of Countywide Bikeways, a component of the
23 Recreation Element of the Orange County General Plan; and,
24
25 WHEREAS, said ABS Program includes a proposed Pacific Coast Bikeway
26 in the City of Huntington Beach from a point within Bolsa Chica State Beach
27
C011 RT PAPER
STATE OF CALI FORNfA
113 GREY. 9.72�
050
}. approximately one mile downcoast from the main park entry to Beach Boulevard,
2 as shown in the attached exhibit map; and,
4 WHEREAS, DISTRICT has included in its 1979-80 budget funding in the
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5 amount of $260,000 for purposes of constructing said segment of the Pacific
6 Coast Bikeway (hereinafter referred to as "BIKEWAY PROJECT"); and, I
7
8 WHEREAS, CITY, recognizing the special benefits it will derive from
9 the BIKEWAY PROJECT and desiring that it be implemented as soon as possible,
10 has offered to design, supervise the construction contract and operate the
1
11 BIKEWAY PROJECT and to maintain a portion of said project; and,
12 t
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13 WHEREAS, STATE also recognizes that the users of Bolsa Chica State
14 Beach will also receive important benefits from the BIKEWAY PROJECT and
R-
15 therefor has offered to provide the right of way for the BIKEWAY PROJECT
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16 within its lands; and,
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17
18 WHEREAS, DISTRICT, CITY and STATE deem it advisable to set forth the
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19 responsibilities of each party with regard to the proposed BIKEWAY PROJECT. '
20
21 NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the
22 mutual promises and agreements contained herein, the parties hereto do agree
23 as follows:
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,:UURT PAPER
ATE OF CALIFORNIA i
113 iREV H 12. 2
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OSP I)
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I. CITY SHALT.
a. Obtain any necessary permit for the BIKEWAY PROJECT from
4 the South Coast Region California Coastal Commission.
6 b. Design and construct BIKEWAY PROJECT to meet the standards
7 of the State Department of Transportation as contained in its publication
8 dated August 1, 1976 entitled, "Recommended Minimum General Design Criteria,
q Mandatory Minimum Safety Design Criteria, and Uniform Specifications and
10 Symbols for Signs, Markers, and Traffic Control Devices to be used in the
11 Development, Planning and Construction of Bikeways in California." CITY shall
12 submit plans and specifications to STATE and to DISTRICT's Board of
13 Supervisors for approval prior to solicitation of bids or commencing
14 construction.
15
16 c. Be responsible for the supervision of .the construction
17 contract for the BIKEWAY PROJECT, which contract shall be let no later than
18 June 30, 1980.
19
20 d. Submit its cost bills and invoices to DISTRICT on a monthly
21 basis during the construction phase of the BIKEWAY PROJECT. Said costs
22 submitted to DISTRICT shall include construction contract payments including
23 , engineering design, but shall exclude administrative and overhead costs.
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24
25 e. Operate and maintain the BIKEWAY PROJECT within beach owned
26 by CITY for a period of 10 years after the date hereof for public use for
27 recreation and transportation purposes, and allow all citizens of the State of
(:,O.URT PAPER
STATE OF CALIFORNIA
':;TD 113 iRFV 3
08► J
l California, and all other persons entitled thereto, the use of the BIKEWAY
2 PROJECT on the same conditions that residents of the CITY use the project..
d Should CITY cease to use the BIKEWAY PROJECT for said purposes, CITY shall
4 repay DISTRICT at such cessation, all sums contributed by DISTRICT.
5
6 2. DISTRICT SHALL:, Remit payment to CITY within 30 days of receipt
_ I
7 of copies of bills, auditor's warrants and other documents substantiating
8 CITY's expenditures for direct labor and materials on the BIKEWAY PROJECT;
9 however, DISTRICT's total responsibility hereunder shall not exceed $260,000.
10
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11 3. STATE SHALL: +,
12
1_3 a. Permit the construction of the BIKEWAY PROTECT within Bolsa
14 Chica State Beach in accordance with copies of plans and specifications
4.
15 approved by DISTRICT and STATE.
s
16
17 b. Operate and maintain, subject to the availability of funds,
18 the BIKEWAY PROJECT within Bolsa Chica State Beach for a period of 10 years
19 after the date hereof, for public use for the purposes of the California
E
20 Recreational Trails Act (Article 6, commencing with Section 5070, Chapter 1, 4
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21 Division of the Public Resources Code), and allow all citizens of the State of `
22 California, and all other persons entitled thereto, the uae of the BIKEWAY
23 PROJECT on the same conditions that other users of Bolsa Mica State Beach use
24 the project. However, STATE shall be under no obligation to replace or
1
25 reconstruct said trail, or any portion thereof, or to repair any damage to
26 said trail, or any portion thereof, resulting from causes not under the
27 control .of STATE. I
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c:VURT PAPER j
STATF OF CALIFORNIA 1
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4. IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
6 a. That no cost for the design and construction of BIKEWAY
4 PROJECT shall be charged to STATE.
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5
6 b. Each of the parties hereto respectively agrees, to the
7 extent they may legally do so, to indemnify the other party or parties hereto,
8 respectively, against any and all claims, demands, Costs, expense or liability
9 costs resulting from its acts or omissions for the acquisition, development, i
10 construction, operation or maintenance of the property described herein which
11 claims, demands, or causes of action arise under Government Code Section 895.2 {
12 or otherwise except For liability resulting from the concurrent or sole
13 negligence of such other party or parties.
14
15 In the event any party hereto is named as co-defendant under the j
16 provisions of Government Code Section 895, et seq. , the party with such
17 information shall notify the other parties to this agreement of such fact. In
18 the event judgment is entered against the parties hereto because of their
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19 concurrent negligence, an apportionment of liability to pay such judgment
20 shall be made by a court of competent ,jurisdiction. No party hereto shall
21 request a jury apportionment.
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)I,I.?T PAPER -
r t>F CALIFORNIA
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1 j IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT,
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2 jail on the dates set forth below their repective signatures.
3 ORANGE COUNTY HARBORS,. BEACHES AND PARKS
DISTRICT
4
By
5 Chairman of the Board of Supervisors,
acting as Governing Board for the
6 Orange County Harbors, Beaches and
Parks District.
7
Dated:
8 DISTRICT
9 ATTEST: �F HUNTINGTON BEACH.
10
Mayor
11 Alicia Wentworth
City Clerk Dated:
12 CITY
�
1.3 APPROVED AS TO FORM
GAIL HUTTON
14 CITY ATTORNEY
15
By
16 Deputy C y rney,
17 ATTEST:
18
STATE OF CALIFORNIA, DEPARTMENT OF PARKS
19 June Alexander AND RECREATION
Clerk of the Board of Supervisors RUSSELL W. Cahill, Director
20 of Orange County, California
B
21 y
APPROVED AS TO FORM: Dated:
22 ADRIAN CUYPER, County Counsel STATE
ORANGE COUNTY CALIFORNIA
23
24 By
25
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•:uu++r PAPER
A-5995C
'+1 A'f F.OF fAOFOA IA
113 iRFV a 72
6
Res. No. 4865A
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City 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 7th day
of April 19 80 by the following vote:
AYES: Councilmen:
Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson, Thomas (absent from room)
i
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California