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Home My WebLink AboutTHOMAS, JOHN - 2001-05-21 Y(, WAVS�q pfv� OITY OF HUNTINGTON BEAD ig a MEETING DATE: May 21, 2001 DEPARTMENT ID kNUBER:PW-01-051 Council/Agency Meeting Held: S-2�--a} Deferred/Continued to: Approved ❑ Conditionally Approv d ❑ Denied le Signature Council Meeting Date: May 21, 2001 Department ID Number: PW-01-051 CITY OF HUNTINGTON BEACH1 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator�� PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE TOLLING AGREEMENT BETWEEN THE CIS' ANC ? JOHN A. THOMAS a z a JEEeme:n:tof Issue,Funding Source,Recommended Action,Alternative Actionjs},Analysis,Environmental Status,AUUchmM � c c Statement of Issue: Should the City approve a tolling agreement by and betweePPthaity of Huntington Beach and John A. Thomas relating to the operation of an oil pipelih it llis Avenue between Edwards and Goldenwest Streets? Funding Source: No funding is required. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the attached "Tolling Agreement" by and between the City of Huntington Beach and John A. Thomas relating to the operation of an oil pipeline in Ellis Avenue between Edwards and Goldenwest Streets. Alternative Actions : Do not approve the agreement and instruct staff on how to proceed. Analysis: The City wishes to have PLC Land Company widen and resurface Ellis Avenue between Edwards and Goldenwest Streets. John A. Thomas purports to own an oil pipeline at this location, which needs to be relocated to accommodate the street improvement work. The City has notified Mr. Thomas that pursuant to the Huntington Beach Municipal Code, he is required to enter into a Franchise Agreement with the City for the operation of the pipeline at said location. Mr. Thomas disputes whether a Franchise from the City is required for the operation of said pipeline. 01-051 May 21 Crosby -2- 517/01 4:42 PM� / Z SQUEST FOR COUNCIL ACAN MEETING DATE: May 21, 2001 DEPARTMENT ID NUMBER:PW-01-051 The purpose of the Tolling Agreement is to allow Mr. Thomas to relocate and continue the use of the oil pipeline without a Franchise Agreement, and that any applicable statute of limitations governing claims that may be asserted by either party be tolled for the period between the effective date and the termination date of the agreement. This, in turn, will allow PLC to fulfill its contractual requirements per the development agreement to complete the improvements on Ellis Avenue between Edwards and Goldenwest. The termination date of the Tolling Agreement is to be the earlier of: (1) eighteen months from the effective date; (2) sixty days after the City issues any Notice of Completion relating to the Ellis Avenue widening project; or (3) sixty days after any party, in it's sole discretion, gives written notification of termination to the other parties. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page • Description Tolling Agreement between the City of Huntington Beach and John A. Thomas RCA Author: Gail Pickart1m i 01-051 May 21 Crosby -3- 517101 4:42 PM ATTACHMENT # 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: May 23, 2001 TO: John A. Thomas ATTENTION: Name 18851 Stewart St. DEPARTMENT: Street Huntington Beach, CA 92648 REGARDING: Tolling Agreement City,State,Zip See Attached Action Agenda Item E-13 Date of Approval 5-21-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: R. Beardsley DPW x x Name Department RCA Agreement Insurance Other G. Pickart DPW x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance (Telephone:714-536.5227) • TOLLING AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND JOHl\ A. THOMAS RELATING TO THE OPERATION OF AN OIL PIPELNE IN ELLIS AVENUE BETWEEN EDWARDS AND GOLDEN-WEST STREETS This Tolling Agreement ("Agreement") is made and entered into by and between the City of Huntington Beach (hereinafter referred to as "the City") and John A. Thomas, hereinafter referred to as "Thomas." Hereinafter, the City and Thomas may sometimes be singularly referred to as a "Party' and collectively referred to as the "Parties." Recitals A. Thomas purports to own an oil pipeline ("Pipeline") in Ellis Avenue between Edwards and Goldenwest Streets in the City of Huntington Beach; and B. The City desires to reconstruct and resurface Ellis Avenue between Edwards and Goldenwest Streets; and C. The City has notified Thomas that pursuant to the Huntington Beach Municipal Code, Thomas is required to obtain a Franchise Agreement (the "Franchise") from the City for the operation of the Pipeline in Ellis Avenue between Edwards and Goldenwest Streets. Thomas disputes whether a Franchise from the City is required for the operation of said Pipeline; and D. The Parties desire to toll any applicable statute of limitations governing claims that the Parties could assert against each other relating to the operation of the Pipeline in the manner set forth below. Terms and Conditions l. The Parties agree that all statutes of limitations applicable as of the Effective Date to any rights, claims, causes of action, counterclaims, crossclaims and defenses regarding, based upon or arising out of the operation of the Pipeline without a Franchise Agreement by Thomas, which either Thomas could assert against the City, or which the City could assert against Thomas as of the Effective Date, shall be tolled for the period between the Effective Date and the Termination Date, and this tolling period shall be excluded from all computations of any applicable period of limitations. 2. Except as otherwise provided in this Agreement, the Parties agree not to initiate litigation concerning the operation of the Pipeline against the other Party between the Effective Date and the Termination Date. 1 4-2001 Agreements: Thomas Tolling Agreement RLS 2000.1 130 2-22-01 3. Each of the undersigned hereby represents and warrants that he or she is authorized to execute this Agreement on behalf of the respective Parties to this Agreement. 4. By entering into this Agreement, the Parties do not admit any fact nor assume any liability of any kind. Moreover, this Agreement may not be offered as evidence of an admission of such responsibility or liability in any court or legal proceeding. 5. The Parties agree that this Agreement shall not apply to any third party and shall not revive any rights, claims, causes of action, counterclaims, crossclaims or defenses that are already barred by an applicable provision of lave as of the Effective Date. 6. This Agreement may be signed in counterparts by one or more of the Parties, and those counterparts when taken together shall have the same force and effect as if a single. original document had been signed by all the Parties. 7. The Termination Date of this Agreement shall be the earlier of. (1) eighteen (18) months from the Effective Date; (2) sixty(60) days after the City issues any'Notice of Completion relating to the Ellis Avenue widening project; or(3) sixty(60) days after any Party, in its sole discretion, gives written notification of termination to the other Parties. 8. Any modifications to this Agreement must be in writing and signed by all Parties. 9. The Effective Date of this Agreement shall be May 21 , 2001. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by and through their authorized officers on may 9.1 _, 2001. THOMAS: CITY: CITY OF HUNTINGTON BEACH, a ifo i munic(�Jaip corporation John A. Thomas Mayor Pro Tem ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: TED AND A PROVED: Citystrator Director of Public Works 2 4-2001 Ag-eernen,.s: Thomas To:hn_e Ag-cement RLS 2000-1 131J 2-22-01 RCA *ROUTING 9HEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Tolling Agreement between the City and John A. Thomas COUNCIL MEETING DATE: May 21 , 2001 RCA ATTACHMENTS STATUS; Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full bX the Cit Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATIONS FOR MISSING ATTACHMENTS ::REVIEWED RETURNED FORWARDED ' Administrative Staff 6-letT IQ�lL. Assistant City Administrator Initial City Administrator Initial nxo City Clerk } _ l EXPLANATION FOR'RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Gail Pickart:jm