HomeMy WebLinkAboutHUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - UNION BANK - SECURITY FORE CORPORATION - 1967-03-22 r
t
CITY OF HUNTINGTON BEACH
` ENGINEERING DEPARTMENT"
Huntington Beach California
February 15, 1967 ORIGINAL COPY
fOr Master File
M U S,T BL R'I:-T UR1"IED
Honorable Mayor lJCITY and City Council i 8_. . CLERK
City of Huntington Beach
Attention: Mr. Doyle Miller
City Administrator
Subject: Four Party Agreement between
City of Huntington Beach,
Huntington Beach Union High School
District, Security Fore Corp., and
Union Bank for Construction of
Yiewland Storm Drain Pump Station
in Drainage Area 7E and ?H.
Gentlemen:
Transmitted herewith is the above subject agreement.
The Huntington Beach Union High School District and Security
Fore Corporation have agreed, per this agreement, to sham: all costs _
of the construction of the Newland Street Pump Station. The City of
Huntington Beach will unkartake and perform all the work of adver-
tising for bids, awarding a contract and performing inspection during
construction. The Union Bank will hold Security Fore Corporation's
funds as a guarantee that Security Fore will pay their e'nare of the
cost, and disperse said funds as .required during construction.
Reimbursement agreementg%have been prepared to refund costs of
construction over and above required drainage fees, with refunds to
be made as development in the area progresses.
It:is recommended that year Honorable Body approve said Four
Party Agreement and authorize the Mayor and Clerk to execute same.
The copies should be remitted to this office for transmittal.
f Very truly yours, x
14'Z At 0
Ctimes 2. Wheeler
Director of Public Works
JRGI:YB:ace.
Trans. : -4, r
AL AL
��:NZING3p�,
CITY OF:
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en
azNR�CCt.i Q -
CALIFORNIA
o
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FC�NNTY t
April 3, 1967
E.
Union Bank Rogional Read Office
in Street at La Vera tvenue
SOrange, California
Gentlemen oyez Newland Storm Drain z
Enclosed here�uri.tl� is your file cop of the Addendum
to the Four Party Agreement between the City of
Huntington Beach and Huntington Beac7n U42i-on High
Schcal Distract, Security Fore Corp. and Union. Bank.
Please attach same to the Four Party Agreement seat
to you office on klatch 23, 1967
Then you.
sincerely yours,
Paul C. Jones -
City Clerk
.Y
PC }a
Enc
AOL
�C .RAT-c.�B�,yy
- CITY OF , F/
-- --- --- - - -- - CP,I.IFORNIA.---
NTv
April 3 1967
1_4
Security Fore Corp
1565 Talbert Avenue
Costa Mesa California,
Cent lemon:
Encloeed herewith is your file copy 'cf the ,Addendum Y ,
aa? the 'dour Party Agreement between the City of
fit ttingtor. TWeach an Huntington: Beach U.Ti.aon Hi gh
School nistrict, Security Dote Cargo and Union Bank®
Ple&aa attachesame to the Four "Party Agr eement Sent.
to your office on Mrch 23 1967.
Tbante qau,
Shncer'ely yours, �.
Paul. Ce Jo'a
City 011erk
HT TMOTOR BERCH MR 1 H SCHOOL DISTRICT
IS02 SKVENTWKNTH S'TRE.3.T, HUNTINO.TON BEACH, CALIFORNIA 98 SAS • T,KL.I:P}IONY 5.58+9.381
HUNTINGTON REACH HIGH SCHOOL MARINA HIGH SCHOOL
WESTMINSTER HIGH SCHOOL FOUNTAIN VALLEY HIGH SCHOOL
MAX L.FORNEY, ED.D, -BOARD OF TRUSTEES
DISTRICT SUPERINTENOtiNT
£DWIN W,..ANDERSON JOHN 1...DENTLEY
ASSISTANT SUPERINTENOENT ADRIAN.0.HUBBELL.D.D.S.
LUSIT'4SS'ZERVICES JOSEPH E.RISAL,PH.D.
SCOTT E. FLANAGAN R. M.SCHMITT
ASSISTANT SUPERINTENDENT - R.0.WILSON
EDUCATIONAL SERVICES.
PERSONNEL
March 29, 1967
City of Huntington Beach
Office of the City Clerk
P. 0. Box 190
Huntington Beach, Caii;fornia. 92648
Attention: It, % Paul -C. Jones, City Clerk
Gentlemen.•
Returned herewith ar:: three copies of the Addendum to the Four Party Agree-
ment for Drainage in Areas 7E and 7H, as ratified by the Board of Trustees
of the Huntington Bench Union. High School Distr4�.., and in accordance with
your letter of March 23, 1967.
Vier;17
truly yours,
Edwin W,
Andersa:i
Assistant. Superintendent
Business Services
1.WA,jF
Encls. - 3
UNGPpy
p4acS�av"Rar�b`�C, �
CITY OF
—
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a• CALIFORNIA
Ty
March 23, 1967
Union nk Regional Offic
1`Hhion 33a Square
Ma nap, California
Attention: C. L. Reichardt
Regional. Vice Presideat
-Dear Sirs
The City Council of the City of Huntington amav,ch, at
Chair regular azcpsixg held Monday, %hrcl. 20, 1967,,
approved the Pour Party Agreement and addetad+.xx re-
lated thereto, for the couBtraction of a st6rm drain
Pump station oa Hamilton Avenue.
Enclosed herewith is youI r file copy of the Your Party
Agreerasat. "upon execution: of the iddendum by all
parties concerned, we will forward your file copy of
aamo
siocotely yours,
s
{
Paul C4 Jones
City clerk
�hcm
��Ut1TABt�,yd
Mem,-Iiv
----------'�-- -
i"�` 4` CALIFOR IA
�cOUNTY
March 23, _1967
Huatingtor Heaoh Union High School District
1902 .Se`renteenth Street x
Huntington Beach, California
�Gentic��x� ,
e City Council of the City at Huntington. Beach, at
their .regular meeting, bell nday, Mrch 20, 19679 ,
approved the Your Party Agreement for drainage in
Area° yH & 7H, together with the Addendum to be attached {
thereto.
Va are rettuming, the Addendum for.-signatureo of the
zoard' of,Trustees. , Please retain one copy for your files
and return the original and two copies;to the Office of
the City Clerk, P.O. Box 190 Huntington HeaCh, l.if-
. . t
orb. Enalcad l also if your file copy of the Four
Party ,Agreement A
Sincerely yours-,a a
Paul C. Tones
City C1av
PC3taw
r
4
'ING pia'
CITY OF HUNTrNGTON BEACH
ENGINEERING DEPkRTMENT
Huntington Beach,California
�UUp� C'a�• March 15, 1967'
for
MUST Bw �a
Honorable Mayor j"x. �f � i
and City Council lk `,, to,
City of nuntington Beach
Attention: Doyle Miller
City Administrator
Subject: Adder_dum to Four Party Agreement
between City o-' H�Latington Beach,
Huntington Beach Union High School
District, Security Fore Corp., and
Union Sank for Construction of
Newland Stor►n Drain Pump Station in
Drainage Area 7E and 7H.
Gentlemen:
"Transmitsed herewith is the abo subject addendum to the four party
agreement. Said agreement was approved by your Honorable Body March 6, 1967.
The addendum is being added at the request of Union Bank to clarify
their position as the Party of the Fourth Part. 'They are requestina, three
additions to the agreement, said additions in nc way effect the intentions
nor obligations of the Parties involved.
The first paragraph spell_ out the maximum liability of Union Bank.
The figure of $150,000 is satisfactory.
The second paragraph clarifies UrL3on Bank's position in that, Security f:
Fore shall deposit funds with them, and they are not obligated to give Security
Fore the funds necessary.
The third paragraph merely puts a deadline or the obligation, which is
satisfactory with us.
It is recommended that your Honorable Body approve said addendum tc the
Four Party Agreement and authorize the Mayor and Clerk to execute same. The
copies should ze remitted to this office for transmittal.
Very truly yours,
y:
James R. Wheeler r
Director of Public Worlds
o1T4i:DB:ace
Trans.
X AM
XT IV X .A.
Orange County Regional Head Otiice Main St.at La Veta Ave.,Orange,Calif.
Telephone 547-6866
March 13, 1967
ORIGINAL COPY
for Master File
MUST BE RE I U, NE
City of Huntington Beach
P. 0. Box 190 TO CITY CLERK
Huntington Beach, California
Hunti:gton Beach Union high School District
1902 Seventeenth Street CITY OF. HUNTINGTON BEACH
Huntington Beach, CaliforniaflCB of the City Clerk
P. 0. Box 190
Security Fore Corp.1565 Talbert Avenue Huntington Beach, Calif. q?64�o
Costa Mesa, California
Gentlemen:
Enclosed is the executed copy of the Four Party Agreement between
the City of Huntington Beach, Huntington Beach Union High School
District, Security Fore Corp., and the undersigned. This letter
shall evidence that our execution of this agreement is subject to the ti
foll(ming terms and conditior_s:
1. Notwithstanding any of the terms contained in said
agreement, the maximum liability of Union Bank there-
under shall be not in excess of $150,000,00.
2. Union Bank is in no way making any commitment
whatsoever to provide the funds necessary for the
deposit to be made by Security Fore Corp. under the
agreement. It is understood that our only obligation
arises after the funds have been deposited with us by
Security Fore Corp.
3. If said deposit is not made with the undersigned as
provided in the agreement on or before May 1, 1967,
any obligation or liability of the undersigned
under the agreement shall be of no further force
. and effect.
*V B-1:3a (1)
a
TT 2' X 40 IV 3B A- ZIT 3Er- PAGE NO. 2
City of Huntington Beach March 13, 1967
Huntington Beach Union: High School District
Security Fore Corp.
Please indicate your acceptance of this letter by executing the ex;closed
copy in the space provided below and returning it to the undersigned
within ten (10) days.
Very truly yours,
UNION BANK
By'--- .
C. E. Reicha dt
Regional a President
By
Har H. Greene
Assistant Vice President
ACCEPTED AND APPROVED:
CITY OF HUNTINGTON BEACH,
a municipal corporation
BY Date
MAYOR%
By •'_'2'i,•vG� 1 ,,,'f� Date
GT9"Y
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT
BOARD OF S
Date
Date iGz
f Dater a I
DS,te
7
� '� Z' ✓'1i. t.s` f j °l:;"\- r)ate. r
*V B-13a (2)
for Master File
MUST BE RETURNED
FOUR PARTY AGREEKEAT TO CITY Y VOLE1-lF1
THIS AGREEMENT, made and entered into thisw, day of ��� -�✓ ,
1967,
BY AND BEE EEN
CITY OF HUNTINGTON BEACH,
a municipal corporation,
hereinafter referred to as
"Party of the First Part"
AND
HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT,
hereinafter referred to as
"Party of the Second Part"-
t
A'D
SECURITY FORE CORP.
,
as described under Paragraph Eighth
of this Agreement, hereinafter
referred to as
"arty yf the Third Part"
AND
UNION BANK
hereinafter referred to as
"Party of the Fourth Part"
WITNESSETH:
THAT WH13REAS, a drainage study has been made on drainage area 7E and
"Ii, and that to economically develop the areas, it is necessary to construct
_a storm drain pump station on Hamilton Avenue east of Newland Street; and,
x.
WHEREAS, the Party of the Second Part plans to construct a High School
on the .150.08 acre site at the northeast corner of Magnolia Street and
H'ilton Avenue, said site is within the boundaries of Drainage Area 7E and
7H and,
WHEREAS, the Party of the Third. Part has submitted to the City Council
of the City of .Huntington Beach a tract map for Tract No. 6020 and has
requested the City Council to approve said tract map for the development of
76.39 acres northerly of Newland Street. Said Tract Poo. 6020 is in Drainage
,Areas ?E and 7H; and,
WHEREAS, the estimated cost of this pump station is $);250,000. This
price includes:
1. The cost of the pump station.
2. The cost of the pump station site and easement.
3. The required 96-inch diameter storm drain from the pump station_
north to Hamilton Avenue.
4. The cost of engineering, which is approximately 8% of the cost of
No. 1 and 3 above.
The cost does not include:
1. The cost of storm drain piping on Hamilton Avenue from the 96-inch
diameter storm drain to the high School property.
WHEREAS, the total area to be developed by the two parties is 126.47
acres; the Party of the Second Part will develop 50.08 acres and the Party
of the Third Part will develop 76.39 acres with each to pay a share of the
above costs for the pump station and appurtenances proportional to the area
which each will aevelop to the total area to be developed by both.
WHEPEAS, in lieu of the posting with the City of Huntington Beach of a
surety bond or deposit, as required oy Section 11612 of the Business and
Professions Code of the State of California, the Party of the Th:i.rc Part
desires to deposit with the Party of the Fourth Part cash, in lawful aDney
of the United States, in amount estimated to be necessary to pay for their
proportional share of the cost of all labor, materials and equipment and the
performance of all work for the installation and completion of said improve-
ments, as a guarantee that the Party of the Third Part will make and complete ,
said improvements as herein required and pay their proportional share of the
s
cost thereof.
NOW, TF3E'MMRE, for and in consideration of the mutual covenants and
promises of the iarties hereto, and upon the express terms and conditions
hereinafter set forth, it is agreed by and between them, each for the other,
as follows:
FIRST: The Party of. the First Part shall
a. Furnish or caused to be furnished, at no expense to the other parties,
r
all inspection during construction.
_2�
b. Upon approval of the Plans and Specifications, undertake and perform
all the work including advertising for olds end awarding a contract under
applicable provisions of law governing such award, with said improvements to
be complet< - c.•' or before nine months from date hereof.
c. Pt,•-'_= the First Part shall furnish the Party of the Second Part,
Party of the Third .",'art and. Party of the Fourth Part true and confirmed copies
of contract documents for all improvement work performed under this agreement.
d. The Party of the First Part shall make progress payments to the
person, firm or corporation awarded the contract on quantity of work performed
from funds deposited with, the Party of the Firs',; Part by the Party of the
Second Part and Party of the Fourth Part.
e. Cause the execution and filing a notice of completion promptly upon
the completion and acceptance, by the Director of Public Works, of said contract.
SECOND: The Party of, the Second Part shall pay to the City, in five (5)
equal monthly installments, their proportionate share of the construction of
tn.e pump station in Drainage Area 7E and '?H. Said proportionate share shall
be the sum of the following; first payment is due when the contract is awarded.
a. 50.0$
127.47 of the contract cost of constructing the pump station and
the 96-:inch reinforced concrete pipe from the pump station to Hamilton Avenue.
b. 50.08 126.47 of the cost of the pump station site and necessary easement.
C. 50.O8 of the cost of engineering necessar., to prepare the plans and,
1
specifications for (a.) above.
Said sum will be set by the Party of the First Part by letter to the Party
of the Second Part at the time the contract for construction of said improvements
is awarded.
THIRD: The Party of the Third fart shall perform the following:
a. Prepare the plans and specifications for the construction of the storm
drain pump station and the 96-in^h storm drain pipe from the pump station to
Hamilton Avenue.
b. Obtain the site and easements for the pump station.
c. In consideration, of the final approval of the map for said Tract
No. 6020 and the record tg thereof, said Third Party shall deposit with the
-3-
�7
Party of the Fourth Part pursuant to Section 11613 of the Business a4.d
Professions Code of the State of California, their proportionate share of
the cost of the pump station in Drainage Area 7E and 7H. The Party of the
✓f
Fourth Part shall pay to the City, in five (5) equal monthly installments,
first payment to be made when the contract is awarded, their proportionate
share of the cost of the construction of the pump station:, said proportionate
sh,�;re shall be the sum of the following:
(1) o of the contract cost of constructing the pump station and
126.47
the 96-inch reinforced concrete pipe from the pump station to Hamilton Avenue.
(2) 76.39 7 cf the ;ost of the pump station site and necessar
12 y easement.
(3) 76'39 of the cost of engineering necessary to prepare the plan
122 7~ s
and specifications for (a.) above.
Said sum will be set by the Party of the First Part by letter to the Party
of the Fourth Part ail the time the contract for construction of said improve-
ment is awarded.
FOURTH: That 35 days after the filing of a notice by the Party of the
First Part, said First Party shall deliver to the Party of the Second Part,
Party of the Third Part, and Party of the Fourth Part a certificate in writing,
certifying that said improvements have been made and completed as herein
required, and upon receipt of such certificate the funds deposited with said
First Party, or so much thereof as shall remain in its hands, shall be
disposed of as follows:
(a) 50.o8 of the remainder shall be returned to the Party of the Second
,,26.77
Fart.
(b) 76.39 of the remainder shall be disposed of as directed by the Party
126.�7
of the Third Part with the consent and approval of the Party of the Fourth Part.
Upon failure of either. the Party of -the Second Part or Party of the
Fourth Part to hold and disburse said funds as herein provided, or comply
wit;,_ the terms of this agreement, that Party which so fails shall become
liable to the City of Huntington Beach for all loss or damage suffered by
the City of Huntington Beach by reason of the failure of said Party to make
and install said improvements within Drainage Area 7E and 7H, as herein required,
-4-
but not exceeding the amount herein required to be held by the Party of the
Second Part or the ai_:.ount of the deposit herein required to be made by the
Party of the Third Part with the Party of the Fourth Part.
All charges and fees shall be added to the cost of the proposed improve-
ments and the City of Huntington Beach shall be at no expense or otherwise
obligated under this Agreement.
FIFTH: It is hereby understood and agreed that the time far completion
of said improvements in Drainage Area 7E and 7H is nine months from and after
the date hereof; subject, however to delays caused by reason of a suspension
ordered by the Director of Public Works for a cause not due to an act, default
or omission of the Party of the Second Part or Party of the Third Part or
because of any other act of neglect of the City of Huntington Beach or its
agents, officers or employees, without contributory fault or negliger..:e on
the part of the Party of the Second Part of Party of the Third Part, or their
agents, employees or subcontractors, or if work should be delayed by fire,
storm, flood or other acts of God, by war, or acts of public enemies, by
strikes, by unusual delays, unavoidable casualties or causes beyond the control
and without the fault or negligence of the Party of the Second Part or the
Party of the Third Part, or for any which, in the opinion of the Director of
Public Works is proper justification for such delay, the time of completion
shall be extended for a length of time equal to the dal.ay cause by and of the
above mentioned causes.
SIXTH: It is mutually agreed to and understood by all parties hereto
that, wherever herein, mention is made of funds held by the Party of the Second
Part or of a deposit of funds held by the Fourth Party it is meant that such
funds consist of an absolute and irrevocable commitment of money to the City
of Huntington Beach pursuant to the terms of this agreement.
SEVEM-* That upon completion of the work, or portions thereof herein
described, to the full satisfaction of the Director of Public Works and on
its being -rcepted by the City of Huntington Beach, The School District and
Developer shall each be entitled to reimbursement for drainage fees paid at
the time of development of lands tributary to this storm drain and pump station;
-5-
more specifically, but not limited to drainage fees based on Area 7E and 7H
at the rate of approximately $650/acre for the pump station and approximately
$1200/acre for drainage piping and appurtenances. The method of collection
and amount of fees will be established in the separate reimbursement agreement
EIGHTH; It is understood and agreed to by all parties that certain
corporations, to wit:
are the real parties in interest as Third Party to this Agreement, and in
order to facilitate the purposes of this Agreement they do hereby make,
constitute and appoint as their agent
to do all things necessary to perform under this Agreement, and that by thbir
execution of this Agreement they confirm and ratify all of his acts, whether
done or to be done in -the performance of this Agreement.
`s
T
r
s:
Aft
CITY OF HUNTINGTON BEACH,
a municipal corporation,
Party of the First Part
BY""
Date , 1,- -
Mayor
By „Jlu Date -
City C
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT
BOAT OF TRUS7ZIESS
p.
Date February 14, 1967
�j
t. Date February lit-, 1967
Date February 14, 1967
Date February14 196
�_ 7
,r ,r
Date February 14, 1967
e
Party of the Third Part
Authorized. Officers
6 By. � Date f /�• N6 7
f,
BY .�, Z,� Date
ec.
TJNIO14 BAN
Party of the .Fourth Part
Authorized Officers'
By-- Date March 1 4,i 3967
Region
a ce Pres.
BY Date March 14, 1967
, Assistant: Vice ems.
FIRST PARTY
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
On this �� day of , 19f2, before me, a
Notary Public in d fo, said County and State, personally appeared
ar , known to me to be the Mayor and
-r_
known to mc- to be the City Clerk of
the City of Hun"• gton Beach, the municipal corporation that executed
thf• within ins:;rument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEAL w
�,> ERPIESY{AdA B! FARIO - �-_-� ' c �G6�
NOTARY PUBLIC - CALIFORNIA� Notary Public
PRINCIPAL OFFICE IN
---. - ORANGE COUNTY e
SECOND PARTY ERNESTINA DI FABIO—•NOTARY PUBLIC
lA and for the County of orange,State of Californih
trly Commission Expires June 25,1969
STATE OF CALIFORNIA ) City Hall•Huntington Beach,Calif,
COUNTY OF ORANGE ) ss
On February 14 19 67 , before me Eunice M. Vestal
a Notary Public, in and for said grange County and State,
personally appeared John J. Bentley
Adrian 0. Hubbell , Joseph E. Ribal ,
R. M. Schmitt , and R. B. Wilson ,
known to me to be the Board of Trustees of the School District that executed
the within instrument, and also known to me to be the persons who executed
it on behalf of such School District and acknowledged to me that such School
District executed the same, and further acknowledged to me that such School
District executed the within instrument; pursuant to its by-laws or a
resolution of its Board of Trustees.
Notary Public
My commission expires July 1, 1968
THIRD PARTY
STATE OF CALINORNIA )
COUNTY OF ORANGE ) ss
On February 17 , 19 67 , before me Phyllis B. Traylor
a Notary Public, in and for said Orange _ County and State,
personally appeared C.W. Hester and A.E. S_yendsen_ _
known to me to be the President and the Secretary of
the corporation that executed the within instrument,and also known to me
to be the persons who executed it on behalf of such corporation, and
acknowledged,to me that. such corporation executed the same, and further
acknowledged to me that such corporation executed the within instrument;
pursuant to its by-laws or a resolution of its Board of Directors.
.
PHYLLIS 6.TRALOR
a� Notary Puma
stafe of i ° k Notary Publk&
Gttii,arn�a
' Irinclpai Office.fn January 14, 1969
Orange County s My commission exlares
........I. .. ,
My Cammisslon Expire,j,n. 14,.1969
FOURTH PARTY
STATE OF cAaFORN7A )
COUNTY OF ORANGE ) ss
On march 14, 1967 before me Isabelle E. Goveia
a Notary Public,in and for said Orange County and State, personally
a-opeared G. E. Reichardt , and K. H. Gre,R.ne �
known to me to be the ional Vice president and the r of
the corporation that executed the within instrument, and also known to me to
be the persons who executed it on behalf of such corporation, and acknowledged
to me that such corporation executed the same, and further acknowledged to me
that such corporation executed the sithin instrument; pursuant to its by-laws
or a resolution of its Board of Directors.
....,,.,,,,..................,....�,,,,,MP,..
'FICIAL SEAL
F Notary Public {SASELLE E.GOVEfA
r. IS/aE3tLE E.GOVEIA
-•L,.y\;-�: NOTAI"tV PUBLIC•CALIFORNIA = My commission expL'eS
PRINCIPAL OFFICE IN M ' i
17, 1970 -
'=.'" ORANGE COUNTY