HomeMy WebLinkAboutFountain Valley - 1967-11-27 y
A G R E E M E N T
THIS AGREEMENT by and between CITY OF FOUNTAIN VALLEY,
a municipal corporation of the State of California, hereinafter
called FOUNTAIN VALLEY, and CITY OF HUNTINGTON BEACH, a munici-
pal corporation of the State of California, hereinafter called
HUNTINGTON BEACH,
W I T N E S S E T H:
WHEREAS , the intersection of Magnolia Street and
Warner Avenue lies on a mutual corporate boundary line of the
cities of Huntington Beach and Fountain Valley; and
Through engineering studies , street improvements and
traffic signals are warranted at the above indicated intersec-
tion; and
At meetings and conferences heretofore held between
said cities , through their staffs , it has been orally agreed be-
tween said cities that street improvements and modification of
the existing traffic signals benefit both cities and should be
constructed,
NOW, THEREFORE , in consideration of the covenants and
conditions herein contained, the parties hereto agree as follows :
1. The City of Huntington Beach shall prepare plans
and specifications for improving portions of Magnolia Street and
Warner Avenue .
2 . The City of Huntington Beach shall prepare plans
and specifications for modifying traffic signals at the inter-
section of Warner Avenue, at Magnolia Street .
3 . The City of Fountain Valley shall have the right
of approval of such plans .
4 . After approval by the City of Fountain Valley ,
HUNTINGTON BEACH shall advertise for bids , pursuant to state
law .
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5 . Huntington Beach Engineering Department shall
supervise the performance of said work.
6 . The cost of the street improvements and modifi-
cations to the~ traffic signals shall be paid by the parties
hereto in the following proportion:
Fountain Valley - 60%
Huntington Beach - 40%
7 . The City of Fountain Valley will pay its propor-
tionate share within thirty ( 30 ) days after notice of completion
of the construction contract .
8 . The City of Huntington Beach will require the con-
tractor who receives the bid to keep an exact accounting of the
expenditures on the project .
9 . HUNTINGTON BEACH shall not issue any contract
change orders without first having obtained approval from FOUNTAIN
VALLEY Director of Public Works .
10 . Upon completion of the installation of the signals ,
maintenance of same shall be performed by HUNTINGTON BEACH Public
Works Department . The cost of said maintenance shall be pro-
rated between the cities following the same schedule as the in-
stallation of said signals .
Signal at the intersection of Warner Avenue and
Magnolia Street :
Fountain Valley - 60%
Huntington Beach - 40%
11 . Any controversy or claim arising out of or re-
lated to this agreement or to. the interpretation, breach or
enforcement thereof shall be submitted to three ( 3) arbitrators ,
one being the County Road Commissioner, County of Orange , or an
engineer member of his staff, and the remaining two (2) to be
chosen by the respective cities or by an engineer associated with
the public works department of a municipality . Any decision made
by the majority of said arbitrators shall be final, binding,
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and not appealable.
12. Each party hereto pledges its full faith and
credit to pass said necessary resolution and take proper legal
steps to perform and to effect this agreement .
IN WITNESS WHEREOF, City of Huntington Beach has
caused its corporate name and seal to be hereunto affixed by
its Mayor and attested by its City Clerk thereto authorized, and
City of Fountain Valley has caused its corporate name and seal
to be hereunto affixed by its Mayor and attested by its City
Clerk thereto authorized, the day, month and year appearing
below.
DATED S� y, 1972.
CITY OF HUNTINGTON BEACH, a
municipal corporation
By
Mayo r
ATTEST: APPROVED AS TO FORM:
City r i' Crt Atto ne
,.""el
DATED December 19 1972.
CITY OF FOUNTAIN VALLEY, a
municipal. corporation
By dg—
Mayor�
ATTEST :
APPROVED AS TO FORM:
Deputy urty ui&rk City Attorney
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RESOLUTION NO . 3614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
CITY OF' FOUNTAIN VALLEY FOR STREET IMPROVE-
MENTS AND MODIFICATION OF TRAFFIC SIGNALS AT
THE INTERSECTION OF WARNER AVENUE AND MAGNOLIA
STREET
WHEREAS , engineering studies have demonstrated a need
for street improvements and modification of traffic signals
at the intersection of Warner Avenue and Magnolia Street ; and
Such intersection is on the boundary line of the cities of
Fountain Valley and Huntington Beach; and
It is the desire of both cities to effect such street and
traffic signal improvement ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the Mayor and City Clerk are 3
authorized and directed to execute an agreement by and between
the cities of Huntington Beach and Fountain Valley for street
improvement and modification of traffic signals at the inter-
section of Warner Avenue and Magnolia Street .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of December, 1972 . � .
May Vr
ATTEST: APPROVED AS TO FORM:
FAUL JONES
City Clerk City Attor y`
Assistant City Clerk
y
ihb
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28 November 1972 �1
TO: City Council
ti
FROM: City Attorney
SUBJECT : Resolution, and Agreementfor Street Im-
provements and Traffic Signal Modification
at Intersection of Warner Avenue and Magnolia
Street
At the request of the Director of Public Works , we trans-
mit agreement with Fountain Valley, together with resolu-
tion authorizing the execution of such agreement for
street improvements and modification of traffic signals
at the intersection of Warner Avenue and Magnolia Street .
Respectfully submitted,
DON P. BONFA
City Attorney
/ahb
Attachment
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AGREE-IENT
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THI' AGREEI•IENT entered into this �,2%�� day of
1967, by and between. CITY OF FOUNTAIN
ALLEY, .a municipal corporation of the State. of California,
3 I! hereinafter referred to as Fountain Valley, and CITY Ci
4 i, HUNTINGTOIN BEA011, a municipal corporation of the State of
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California, hereinafter referred to a. Huntington Beach.
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0 1-7 I T 11 E S E E T H:
7 ! 1•;HEREA , the intersection of '�;ari :venue and 17ewland
Street is on the boundary line of the cities of Fountain
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Valley and Iuntington Beach; and
`TIIIS intersection has created ,a traffic Problem; ruid
10 Through study, traffic ciL-nals are warranted at this
11 intersection; and
At meetings and conferences heretofore had between the
12 cities, through their staffs, it has been orally agreed between
13 the cities that traffic aigrials should be constructed since
14 it is for the benefit of both cities.
I101.1, THEREFOIRE, in consideration of the promieec and
15 mutual agreements of the partied hereto , one to the other,
16 ! it ie hereby agreed by and between the City of Fountain Valley,
17 a municipal corporation of the state of California, tend the
City of Iuntington Beach, a municipal corporation of the State
18 of California, as follows:
19 1. The City of IIuntinr;ton Beach shall prepare plane
20 and specifications for the traffic signal at the intersection
of Varner and Rewland Street.
21 2. The City of Fountain Valley drill have the riLht of
22 approval of said plans.
23 3• After approval by the City of Fountain Valley,
Huntington Beach shall advertise for bids using the same pro-
24
cedure they used in making :their public bid for a new public
25 work within the city and award it to the lowest responsible
26 bidder.
4. Huntington Reach Dngineering Department shall be in
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charge of the work.
28 5. The cost of said improvement shall be paid by the
29 parties hereto in the following proportion:
Fountain Valley - 9'
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1 i 6. The City of Huntin&ton Beach will pay for the entire
2 cost of said improvement when same is completed.
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7 , The City t of Fountain Valley will pay its proportionate
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3 !' share within thirty (31,D) days after the notice of completion
4 I' of the construction contract.
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u. 'itie City of Iiuntinrton Beach :ill require the contractor
.rho receives the bid to keep an exe.ct accounting of the expen-
G dituree on the project.
7 Huntington Beach shall not issue eny contract change
8 orders without first having; obtained ap-
proval from Fountain
Valley.
10. Upon completion of the installation of the siCnals,
10 maintenance of came shall be performed by iiuntington Beach
11 Public Work lepa tmen t The cost of said zaintenance chill
be prorated between the cities followinC the same schedule cs
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the installation of said signals.
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13 Signal at the Intersection of
14 garner Avenue and Newland street
Fountain Valley - 9:" i
15 Iiuntin6ton Leach - 91�
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16 11. Iiould it be necer.•cF!ry in the illotallatiOrl of the
17 signal to make street improvements, the cost of raid street
improvements will be the respoiioibO-ity of the city within which
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that particular c,treet is located.
19 12 . ,,,ny controversy or claim arioinG out of or related
20 to this agreement or to the interpretation, breach or enforce-
Mont thereof shall be submitted to three (3) arbitrators, .
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one being the County Surveyor, County of Orange, or an engineer
22 member of hie staff, and the remaining two (2 ) to be chouen
23 by the respective cities or by an engineer associated with the
24 Public Works Department of a municipality. Any decision made
by the majority of said arbitrators ehall ,be final, bin dinC,,
25 and conclusive.
26 13. Each party hereto pledges its full faith and credit
27 to paco said necessary resolution and take proper legal e.teps
to perform and effect this agreement.
28 IN WITI;ErzS WHFREOF, City of Huntington Beach hac caused
29 its corporate name and seal to be hereunto affixed by its
30 I':nyor and attested by its City Clerk thereto authorized, and
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City of Fountair_ Valley hay cauced its corporate r►cine and
Feal to- be hereunto affixed by its lia.yor and attested by its;
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City Clerk thereto authorised so of the day and year in this
3 I -jL;recmCnt first above written.
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4 GTO.`
CITY OF FOUNTAIN VALLT:Y� CITY OF HUNTII� " 3- ACii,
5 a municipal corporation a .municipal corporation
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Mayor - i'ay r
8 - ^T�rcTe
9 ATTEST:
1. 1_. `
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11 B 1 f .t v y( Dy
By
Clerk City Clerk
12 City of F untain Valley City of Huiitingtoii Bench
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APrROVED AS TO FOPM APPROVED AS TO F ORI•i:
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16 City 1.ttorhey City Lttorney
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