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HomeMy WebLinkAboutCity Council - 6138 RESOLUTION NO. 6138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AMENDMENT TO THE AGREEMENT TO IMPROVE PACIFIC COAST HIGHWAY WITH THE STATE OF CALIFORNIA WHEREAS, the City of Huntington Beach desires to widen Pacific Coast Highway between Brookhurst Street and Beach Boulevard pursuant to the terms and conditions contained in that certain agreement between the State of California and the City of Huntington Beach to cooperate in the improvement of such highway, a copy of which is attached hereto as Exhibit "A" incorporated herein by this reference; and Such agreement is authorized by the California Streets and Highway Code Section 114, NOW, THEREFORE, the City of Huntington Beach City Council authorizes the Mayor and City Clerk to execute such amendment to the agreement and deliver all necessary documents in connection therewith for and on behalf of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May , 1990 . Mayor AT ST: APPROV D AS T FORM: rftru • City Clerk i/-$*- ity Atto neyW%4-G►1 jb Z REVIEWED AND APPPROVED;: ., INI ATED D OV ,D: City Administrator Direct or ,o Pub is Works 12-ORA-1 22 . 1/23 . 7 12208 107191 Improvement of Pacific Coast Highway From Brookhurst St . to Beach Blvd . District Agmt . No . 3728 A-1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT , ENTERED IPJI"O ON 19 _ _ is between the STATE OF CALIFORNIA , acting by and through its Department of Transportation , referred to herein as STATE , and CITY OF HUNT I NGTON BEACH a a body politic and a municipal corporation of the State of California , referred to herein as CITY 6138 RECITALS 1 . The parties hereto entered into an AGREEMENT ( Document No . 6110 ) on Jl)IVE 15 , 19B7 , said AGREEMENT defining the terms and conditions of a cooperative project to prepare plans , speci. fi.cations , and estimates (PS&E ) for a project to widen Pacific Coast Highway ( PCH) within the limits as shown from Brciokhurst Street to Beach Boulevard in the City of Huntington Peach referred to herein as the PROJECT . I '_ ham been determined that the PROJECT will not be constructed pr or- to the termination date of said AGREEMENT . IT IS 1HEREFORE MUTUALLY AGREED 1 . That Section 111 , Article 10 of the original AGREEMENT is amended to read " that this AGREEMENT shall terminate upon completion and acceptance of PROJECT by STATE or- on April 30 , 1992 , which ever earlier in time ; however , the ownership and maintenance clauses sha ] 1 remain in effect until terminated , in writing , by mutual agreement" . The other terms and conditions of said AGREEMENT (Document No . 6110 ) shall remain in full force and effect . This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No . 6110 . STATE OF CALIFORNIA City of HUNTINGTON BEACH Department of Transportation By ROBERT k. . BEST Mayor S 7 9 D Director of Transportation B y -- --__-- ATTEST : _ Walt H . Hagen , Chief City Cle Deputy District Director Approved as to Form and Procedure APPROVED AS TO FORM;. Attorney City L�dtrltorney ,•�/W 3/r 9��!o California Department of Transportation 6138 Res. No. 6138 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, 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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 7Tx day of MAY 19 90 -, by the following vote: AYES: Councilmembers MacAllister, Winchell, Green. Mays, Rannister, Silva. Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officza cleft. of the.City Council of the City of Huntington Beach, California