HomeMy WebLinkAboutHUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - 1967-03-20 (14)----------------- 7 -------------------
CALIFORNIA
Mareb 23, 1967
€11-� iagtoa Bch Union High Sete. District
1902 saventestith Street
Huntington Bascho Califomia
nt1 ffit
Enclosed haTevItb or* copies of Miabursawnt rce-
t m Draiwgs Axon 7Z & M sO a Two ftrty Agzaeasnt
began the School Matriat and the City of Hmtintav,
Bch
Weill, at their regular meeting hold rya 20 1967,
authored emoution of sam by the Mayor and alty
Clark.
si=avaly 7=6 o
Paul C,, Jame
City rAark
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MY OF HUNTINGTON BEACH
ENGINEERING ICE, ' .RTMENT
Huntingtoa Beach, California
March 1.1 , 1967
ORIGINAL CDPy
n�1 for Master Fite
ST BE
--pp-- ETUME
Honorable Maycr APPXO'VBD 13Y CITY CoU 11,
and City Counei-1 City of Huntington Beach IM 2 0 1967
Attention; Boyle Miller
City Administrator CITY CLERK-
Subject: Two Party Agreement between }
City of Huntington Beach and the t
Huntington Beach Union High School.
District for Construction of the
Hamilton Avenue Storm Drain.
Gentlemen:
Transmitted herewith is the above subject agreement for con-
struction of a storm drain in Hamilton Avenue from 2000± feet west
of Magnolia to Magnolia and in Magnolia from Hamilton Avenue to
500 feet north of Magnolia Street.
Said construction is to be financed by the School District
at no cost to the City.
It is recommended that your Honorable Body approve said Two
Party Agreement and authorize the Mayor and Clerk to execute same.
The conies should be remitted to this office for transmittal.
Very truly yours,
James R. Wheeler <
Director of Public Works
JRW.DB:ace
Tram.
A
C1fa'I(`a11YAL Copy"
far 1v4aster File
I
TWO PARTY AGREMMT TO YTrLFR
THIS AGREEM IT, made and entered into this _-V 2, ` day of
1967,
BY AND BI"1'sdEEN
CITY CF HU14TINGTON BEACH,
a municipal corporation,
hereinafter referred to as
"Pasty of the First Part"
AND
HUNTINGTON BEACH UNION HIGH
SCHOOL, DISTRICT,
hereinaft<-r referred to as
"Party of the Second Part"
WITNESSETH:
THAT WHEREAS, the Party of the Second Part plans -eo construct a
High School on a site at the northeast corner of Magnolia Street al.'
Hamilto% Avenue, said site is within the boundaries of Drai.nage Area
7E and 'TH; and,
WHEREAS, to economically develop said site and the ea' Fly portion
of drainage area 7E and 7H, it is necessary to construct i storm drain
in Magnolia Street from said site southerly to Hamilton Avenue, then
westerly in Hamilton Avenue to the proposed Newland Storm Drain Pump
Station; and,
WHEREAS, the estimated cost of this storm drain is $150,000.00.
NOW, THEREFORE, for and in consideration of the mutual covenants
and promises of the parties here•'6o, and upon the express terms and
conditions hereinafter set forl,h, it is agreed by and between them, each
for the other, as follows:
FIRST; The Party of the First Part --hall at no cost to the Party
of the Second Part:
a. Furnish or cause to be furnished, all inspection during construction.
b. Prepare all Plans and Specifications, undertake and perfom all
the work including advertising for bids and awarding a contract under
apply ;able provisions of law governing such a.aaxd, Frith said improvements
rMh
M
to be completed on or before nine months from date hereof'.
SECOND: The Party of the Second P?rt shall pay to the City, in
five (5) equal monhly installments, the cost of the storm drain. Said
sum will be stc by the Party of the First Part by letter to the Party
of the Second Part at the time the contract for construction of saiw'.
improvements is awarded. First installment shall be due at the time the
contract is awarded.
THIRD: 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 a certificate in writing, certifying that said improvements have
been made and coripleted 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 returned to the Party of the Second
Part.
Upon failure of the Party of the Second Part to disburse said funds
as herei-x provided, or comply with the terms of this agreement, said
Party shall become liable to the City of Huntington Beach for all loss
or damage suffered by the City f Huntington Beach by reason of tihe failure
of w.id Party to make and install_ said improvements within Drainage Area
7E and 7H, as herein agreed, but not exceeding the amount herein required
to be held by the Party of the Second Part.
All charges and fees aha�.l be added to the cost of the proposed
improvements and the City of Huntington Beach shall be at no expense or
otherwise obligated under this agreerc,-rt
FOURTH: It is hereby understood and agreed that the time for completion
of said improvements in Drainage Area 7B 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 [corks for a cause not due
to an act, default or omission of the Party of the Second part or because
of any other act ofneglect of the City of Huntington Beach or its agents-,
�1?-
Nam
officers or employees, withoutcontributoryfault or negligence an the
part of the Party of the Second Part, or the�..e 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 of negligence of the Party of the SeconO 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 delay cause by and of the above mentioned
caus.,
FIFTH: It is mutually agreed to and understood by all parties hereto
that, wherev herein, mention is made of funds held by the Party of the
Second Part 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.
SIXTH: That upon completion of the work, or portions thereof herein
described, to the fall satisfaction of the Director of Public Works and
on its being accepted by the City of Huntington Beach, The School District
shall be entitled to reimbursement for drainage fees paid at thA time of
development of lands tributary to this storm drain; more specifically,
but not limited to drainage fees based on Azea ?B and 7H at the rate of
approximately $650/acre for the pump station and approximately $1P-00/acre
for drainage piping and appurtenances. The method of collection and amount
of fees will be established in the separate reimbursement agreements.'
E
r
CITY OF HTMTINGTON BEACH,
a municipal corporation,
Party of the First Part
Ma`�,Ibr
By..c.cX�D
City Cler
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT
BOARD OF TRQSTEEoS
1 `� �•4- Date March 14, 1967
STATE OF CALIFOR14IA )
COUNTY OF ORANGE. ) ss
On this day of _,, 19before me, a
r3 taryy Pblic in and or said County and State, personally appeared:
known to me to be the Mayor and
known to me to be the City Clerk
of the City of Hiuvtington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who eyecuted the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed tt.e same.
—+ OFFICIAL SEAL
1 f ERNESTINA DI FAW10 Notary Pu lic
NOTARY PU9LIG- CP1IfORNIA
" • : PRINCIPAL OFFICE IN �ERNEMNA Of FA91O == NOTARY PUsu
r ORFAOtE COUNTY It
JRW for the County Of Orange', Stata of t alitoMia
of Commission Cxpi-as June 25: 1969
City Fiat! - nivi n , '_ A:1. CW:f.
Ak
r
STATE Or 'CAhIFQRhiIA )
COUNTY OF ORANGE ) ss
On March 14 , 19 67 , before me i,`�;nice M. 'Vestal ^s
a Notary Public, In and for said Orange County and State,
personally appeared _R. B. Wilson ,
Joseph E. Ribal Adrian. 0. Hubbell ,
R. M. Schmitt , and John J. Bentley i
known to me to be the Board of Trustees of the School District that
executed the within instrument, and also !mown to me to be the persons
who executed it on behalf of such School District and acknowledged to
me that such School District executed th:� same, and further acknowledged
to me that such School District executed the withinn instrument; pursuant
to its by-laws or a resolution of its Board of Trustees.
1Jotary Public
My commission e-cpires July 1, 1968