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HomeMy WebLinkAboutOrange County Transit District - 1981-07-06 r AGREEMENT NO. C-81-361 2. BETWEEN ORANGE COUNTY TRANSIT DISTRICT AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made and entered into this day of 7 1981, by and between the O`raiige County Transit .., : .: .: :,,: ; 8 District, hereinafter referred to as "DISTRICT' and the City of 9 Huntington Beach, hereinafter referred to as "CITY. " 10 WITNESSETH: The CITY and DISTRICT agree as follows: c= 12` ARTICLE 1. PURPOSE OF A'GR EMENT :421 , 13 The purpose of this Agreement is to implement the joint 14 desire of DISTRICT and CITY to improve the Pacific Coast Highway 5 Bus Loading/Layover Area. ARTICLE 2. DEFINITIONS 17 A. DISTRICT - The term 'DISTRICT" shall mean the Orange 18 County Transit District, a public body, corporate and politic., 19' whose address is 11222 Acacia Parkway, Garden Grove, California 20 92640. 21 B . CITY The term "CITY" shall mean the City of Huntington 22 Beach, California, a public body, corporate and politic, organized 23 and existing under the laws of the State of California whose 24• address is 2000 Main Street, Huntington Beach, California 92648. 25' C. SITE - The term "SITE" shall mean the bus stop area on 26 Pacific Coast Highway (southbound) at Huntington State Beach, Page 1 of 5 Pages AGRET NO. C-81-361 It ^f•�Nr` .x. immediately southF of the intersection with Lake Street, as shown in Attachyym__eht 1. .j :•:F..�'.'S+DAR;N6y:'�+n'.;'Y" •.. . , ...i•-e2�';LCF_• '.:sy:- ..'.'+,.v�ti.::yt:: .J7 ART ICLE``•3. -STATEMENT b� F ��yORK 4. The CITY will act as the lead agency in implementing the improvements. Costs are to be shared between CITY and DISTRICT following a basic principle that DISTRICT will cover operation- 7 ,• related improvements and the CITY will be responsible for pedestrian access-related improvements as follows: 9 City's Responsibilities: (Pedestrian access - related improvements) 10 1. Cause the design and construction of the improvements, as shown in Attachment 2. > 2. Arrange for placement of seventeen (17) bus benches from a 13 w: private bench company (at no cost to either party) . U H 14 3. Remove and relocate ten (10) parking meters (with City's ' o � H 15 work force) . 16' 4. Obtain all necessary permits and approvals. 17 5. Pay for the costs related to pedestrian access improvement 18 which includes the installation of three stairs and one ramp in 19 the parking lot. 20 District's Responsibilities: (Operational related improvements) 21 1. Assist in design review and inspection of the improvements. 22 2. Pay for the costs related to operational improvement which 23 includes the sidewalk expansion, landscaping and relocation of 24 the existing railing. ARTICLE 4. ESTIMATED '.COSTS AND PAYMENT: 26 Estimated costs of said improvements are $75,000. DISTRICT's Page 2 of 5 Pages ti • AGREE T NO. r-81-361 rr share of the estimated costs of improvements is $46,500. CITY's 2 share of the estimated costs of iriiprovemenis is $28,500. CITY shall advertise for invitation for bids for said improvements. Upon CITY's award of the contract to the successful bidder, S' n;, . DISTRICT shall pay CITY the actual cost of the improvements repre- senting DISTRICT's share. ARTICLE 5. MAINTENANCE AND REPAIR 8 CITY will maintain and make all necessary repairs to the .t; 9 site when required. 10 ARTICLE`6. GENERAL PROVISI WS ;� 11 A. Notices, Demands and C►,mmuncatioas Between the Parties - 12 T: Formal notices, demands and communications between CITY and the 13 DISTRICT shall be sufficiently given if dispatchad by registered Stn o � 14 or certified mail, postage prepaid, return receipt requested, to 15 F' the prindip"al offices of CITY and DISTRICT. Such written notices, 16 demands and communications may be sent in the same manner to such 17 other addresses as either party may from time to time designate 18 by mail as provided in this Article. 19 B . Conflict of Interests - No member, official or employee 20 of CITY or DISTRICT or member of Congress shall have any direct 21 or indirect interest in this Agreement, nor participate in any 22 decision relating to the Agreement which is prohibited by law. 23 C. Warranty Against Payment of Consideration for Agreement - CITY and DISTRICT each warrant that they have not paid or given, 25 and will not pay or give, any third person any money or other 26 , consideration for obtaining this Agreement, other than normal Page 3 of 5 Pages AGR- irWNT NO. C-81-36X I costs of conducting business and costs of professional services 2t . such as architects, engineers and attorneys. D . DISTRICT agrees to defend, indemnify and hold CITY harmless front loss, liability claim, suit or judgment resulting from obligations of DISTRICT for work or acts done or omitted by DISTRICT which are or may be done or required by or pursuant to 7. this Agreement. CITY agrees to indemnify and hold DISTRICT harmless from loss, liability claim, suit or judgment resulting 9 from obligations of CITY for work or acts done or omitted by CITY 10' which are or may be done or required by or pursuant to this 11 Agreement. r 4 . �,. 12 E. DISTRICT and its patrons shall have the right of access P g o,v�; L H I3 A' P to the site and improvements on the site for the life of the 14 improvements which is considered to be twenty (20) years minimum. 15 yY 1 S.a y y„ TICLE 7. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS 15 This Agreement integrates all of the terms and conditions 17 mentioned "herein or incidental hereto, and supersedes all nego- 18 tiations or previous agreements between the parties with respect 19 to all or any part of the subject matter hereof. 20 All waivers of the provisions of this Agreement must be in 21 writing and signad by the appropriate authorities of CITY or 22 4 : ,..... DISTRICT, and all amendments hereto must be in writing and signed 23 .: .:;. by the appropriate authorities of CITY and DISTRICT. 4` 25 26 Page 4 of 5 Pages ` AGRi ar NO. C-•81-361 This Agreement shall become effective �r.1 both parties 21 hereto have affixed their signatures as authorized by their 11 governing bodies. l .,,; .:;; .Kht' fl�'`•.8F2ei 5 H^?h_ ..:, .. .""y.yh' tY.�i. CITY OF HUNTINGTON BEACH OR NGE -C,OUN-1 ;;.. 5 17 TRAN T,'DISTRICT B Mayor Ralph 1Y.rCl&rk, C airman 7. Board of Directors 8 ATTEST: ATTEST: 9' r� s• ro ... r . , " ♦` City Clerk J -Patricia B . Scanlan Clerk fof t h 6 Board H 1z' Dated: Dated 'w gar 1 j: Jon D. Russe11,Deput" c�: E-+• APPROVAL RECOMMENDED: H cn 14 O 15 By< 15 J es P Reichert neral Manager 17 .. s: .. y... APPROVED AS TO FORM: APPROVED AS TO FORM: 18' .. 19 By By y: f, ity Attorney Kennard R. Smart, Jr. 20` General Counsel 21' 22 23 P4 25 ,- 26F � Page 5 of 5 Pages per� ..+,� W. �M Cirnr9� �� M7[M1NC (.nU�11tiQAJ ��' Ohl � ]� 24*1 LOCAT1aN a►1 11XQl"WJ s g rLE-i i SNOT ARM IMPMvEMENT5 r 0C D e t . t. CITY OF HUNTINGTON BEACH 20W MAIN STREET = CALIFORNIA 926M OFFICE OF THE CITY CLERK .�►il ti 1 , I981 .0i' iige-county Transit District P.O.. Box 3005 Gjareh Grave, CA 9?642 Attic . Dick Hsu, �Sktion Chief, Doveiopment Pianhing . �; •.�Varl1�^49C'�.s.,...-i � �h x e �.'.i xlJry ...- }• Y The Ct ty� .Counc 1 of the City ofunti ngton Beach�rat a is " regular. Meoting;„helWMdnd`ay; Jl!l' 6, "1981,; ap roved4on agreement,'ith' .row». ,..,..? ---� , •y : x•.. ... ,� Urange County,', ransit yDi tr�xct for the construction of ,the Pacific Coas t I#ghway B` s Layover; Zone and: Beach Access to be provided jo ntly by ::.the Orange County T rFins i t District and the City of H61ifirigton Beach. Cnc,losed is; a duly executed original agreement. . Please -forward a fully executed `copy of id to the Office of the City Clerk when executed by the District. Alicia: M. Wentworth City Clerk AMW:cb enc. cc: Paul 'Cook - Di rector. of. Pubi fc Works City of Huntington Beach IT.wphomi 7144j"W) ev REQUEST . FOR 'CITY COUNCCIL. ACTION Date June 25 , 1981 Subinitted to: Honorable mayor and City C6unci 1 ,V Suti'`itt ; Charles IV . Tliom'• son Cit • Admilnistrator mi ed by p � Prepared 1:4: Paul E . Cook , Director of Pubii.c 1}'orksl -- Subject: Appr oval : of Agreeme PtRVY4=11yh=VeCGUT4tftL range County Transit District an the City of Hui-itingtonr Beach ER Backup Material Attached: [.Xj Yes [ ] N ---_ C.1Ty EKKK �• ...'. f'r. ..� ,. •y'l.nL' '^'�.: ra:y��:.: x •�.:;� .4.a ky'. i,., ,..:. .y..::...,.. i yn Simoment o . f Issue,. , Recommandat ion, Analysis, Funding So urce;'Alternative Actions: St atementI , f ' the ;;Iss=ae An Agreement is neeae-cT for the construction, of the Pacific Coast High- way .Bus Layover Zone and Beach Access to be provided jointly by the Oran I,e County Transit District and the City of Huntington Beach , RecommendatCon`: It is recommended that the City Council authorize execution of the attached Agreement . Aria l •s i s • The . Orange County Transit District and the City of liu'ntington Beach require larger layover areas for beach busses , and greater access to areas on the Pacific Coast Highway between Lake and Huntington Streets and the construction of steps and ramp access for bus patrons using the beach . This project was approved in concept by the City Council in March 1981 . Construction will not be scheduled until after the summer- season has expired. Funding Source Orange County Transit District will provide $46 , 509 . 00 City of Huntington Beach SB 821 Funds 289500 . 00 0- �'i' Alternative : Do not approve the attached Agreement . Attachments : 1 , Agreement 2 . Location Map . 85 L/ PEC:ek oc.rD AY 3tDo v10 aie1 0 TIM CORAN©C COUNTY TRANSIT DISTRICT 4 • July 219 1981 Alcia Wentworth City Clerk', ; City ofh.Huntington Beach 2000 Main Street Huntin`ton Beach, California 92648 { Enclosed is your copy of the following document which was executed by the Orange County Transit Board of Directors on July 20, 1981 ; Agreement No. C-81-361 Please acknawledge receipt ar the above-mentiioned document by signing a copy of this transmittal letter and returning it to the undersigned at your earliest convenience. Respectfully, /2- (Mrs. ) Patricia B. Scanlan Clerk of the Board Enclosure: Acknowledgement is her given that I have received the documents as transmitted and described above. J/T,y�I,• „F a_ fir. �/ - V V Signature Dat Title i i!w ACACIA PARKWAY+ P.O.BOX 3005• GARDEN GROVE.CALIFORNIA W2642• PHONE (7141971-6200 a