HomeMy WebLinkAboutOCEAN VIEW SCHOOL DISTRICT - HOELSCHER-GUGGENHEIM, PARTNERS - 1985-08-19off'
REQUEW FOR CITY COUNCO ACTION /
Date August 9, 1985
Submitted to: Honorable Mayor and Ciry Courx it ,, � ��
,r
Submitted by Charles Thompson, City P.dministxa r y � •���-•��..-. � � ,,._. , {
Prepared by: Paul E. Cook, Director of Public Works
i 8 7,
Three Party Agreement Between. Ocean View 5chcol Di.stric�th t.zty o
Subject: ThreeHuntington Beach, aril Hoelscher/Guggenhein Partners (File i'81 91)
(7onsistent with Council Policy? [XI Yes [ j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, A)iernatiue Actions, Attachments:
Statement of isaue:
Hoelscher and Guggenheim, Partners ere proposing to develop an apartment Sri mini
warehouse complex: at the northwest corner of Warner Avenue and Magnolia Street. In
order to furnish an adequate supply of water, a new wat-r main needs to be con-
structed across Ocean View School District property (Pleasant Viet: School) . The
district is reguesting that a three -party agreement be approved.
Racoernendation:
Approve and execute the three -party agreement between Hoe1scher/G',4gerfaeim,
the City of Huntington Beach and the Ocean View School Distract:.
Analysis:
The increase water flow required for this area is 157 gallons per parson per day,
Ci ty annual average for domes tic purposes and 2508 per mimte for `i.:e requirements
In order to meet these flcm requirements, and provide a redundant water source,
a new water main is required.
The agreement states the corxiLtions for construction and maintenance of the water main.
The Ocean View Water District will grant an easement deed to the City for maintenance
of the new water main. The schocl district is requesting. appro•,ral of the agreement
as soon as possible so construction can be completed before the beginninq of th,:
85/85 school year.
Funding Source:
None
Alternative Action:
Do not approve or execute the agreement.
A t acbments :
Exhibit "A" arx' "B" .
34r.-PEC:Jh:119
P10 4/84
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CITY OF
HUNTINGTON BEACH
OM14GE COUNTY CALWORNIA JJ##
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Mr. Jim Bolton
R.M.G. Engineering
17961-A Cowan
Ievine CA 92714
Dear Jim:
Enclosed is the agreement between the District, City of
Huntington Beach and Developer for construction of a water
main. Also a copy of the resolution announcing the public
hearing to be held at the October l meeting of the Board
of Trustees is enclosed.
Sincerely,
Monte C. McMurray
Assistant Superintendent
Business Services
MCM.d
10
Enclosure (2)
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A-N AGRSME T BETWEEN THE CITY OF HUNTINGaON BEACH,
THE OCEAN VIEW SC50OL DISTRICT AND HOELSCHER AND
GUGGENHEIM, PAP. HERS FOR CONSTRUC`!'ION OF M E.IGFiT INCH
A.C.P. WATER MAIN OU OCEAN VIEW SCHOOL DISTRICT PROPERTY
THIS AGREE F-NT, made and entered into this 17th day
of --�Po tambzL --, 19___85_ by and between the CITY OF
"r_UNTING±'ON BEACH, a municipal corporation of the State of
California, hereinafter referred La as "CITY", the OCE.:W VIEW
SCHOOL DISTRICT, hereinafter referred to as "DISTRICT," and
HOELSCHER %-NO GUGGENHEIM, PARTNERS, hereinaft*-r referred to :xs
DEVELOPER. "
WHERF-A.S, DEVELOPER wishes to develop a parcel of Land in the
::ITY, as described in PM E4-1204 and CITY desires fear DEVELOPER
tc construct an eight inch A.C.?. water main as described. in
�x h 3 -its "A" and "B", attached hereto, which is i1'icor orated
_n:o this Agreement by this ;eference.ii:e city d'siras the
increase in water service to this area as it Will be a benefit
to both the residents and the DISTRICT for f'irefigh-ai.ng
pur"Pcses. Said construction shall sometimes herei.ne-fter be
re ferr-ad to as "PRWEM " and
DISTRICT desires for CITV to assume Liability of water main
mishaps that occur after DEVELOPER has satisfactorily
constructed said PROJECT.
W
16
C
NOW, THEREFORE, i t is agreed by CITY, DISTRICT and DEVELOPER
as follows:
1. DEVELOPERS' DUTY TO OBTAIN COMPETENT ENGINEERING DESzGNS
DEVELOPER shall obtain the services of a civil
engineer, duly registered to practice in the State of
California, for the purpose of preparing plans and
specifications for construction -ofsaid water main_ Said
construction shall consist of eight inch pipe of the type used -
in rater pipelines. A soils and foundation investigation report
shall be obtained by said engineer of DEVELOPER and its findings.
and recommendations utilized in the engineer's design of PRO:;ECT.
2. WORK STATEMENT
DEVELOPER shall be permitted to build said grater main
upon the DISTRICT owned property identified in Exhibit "A" and
"S". Cana-r.uct on shall. not begin until the dpal.ns and
specifications have been approved. Construction of the water
main shall: not vary from the design plans and installation
specifications approved by the CITY.
3. APPROVAL OF DESIGN BY CITY AND DISTRICT, BONDS
Prior to CITY'S approval of said design plans and
installation specifications, DEVE O?ER shall, to assure
compliance with the terms of this Agreement, furnash Faithful
Performance and Labor and Material Bonds of Letters of Credit in
the penal sum of the estimated construction cost as approved by
CITY, hereinafter referred to as",BOND." The CITY shall be named
(-,
and insured by said bond.
4. IINS URANCE
A. DEVELOPER shall carry at all times incident
hereto, on all operations to be performed hereunder, bodily
injury and property damage liability insurance policies
including automotive bodily injury damage liability insurance,
underwritten by insurance companies in forms satisfactory to
CITY for a.lI ooera.tions, subcontract work, contractual
obligations, product or completed operations and all owned
vehicles anti non -owned vehicles. Said insurance policies shall
name the CITY, its officers, agents and employees and all public
agencies. as determined by the CITY as Additional. Insureds.
DEVELOPER shall subscribe for and maintain said insurance
policies in full farce and effect during the life of this
Agreement, in an amount of not less than One -Million Dollars
(01,000,0000) combined single limit coverage. DEVELOPER shall
require its insurer to waive its subrogation rights against CITY
and agrees to provide certificates evidencing the same.
B. DEVELOPER shall acquire an errors and omissions
ing urance policy covering all work performed by it hereunder.
Said policy shall provide coverage for DEVELOPERS errors and
omissions in an amount of not less than t3OO,000.
C. Before DEVELOPER performs any woad at, or prepares
or delivers materials to the site of construction, DEVELOPER
shall furnish to CITY certificates of insurance subject to
3.
A
( approval of the City Attorney evidencing the foregoing insurance,
coverages; said certificates shall provide the name and policy
number of each carrier and policy, and shall state that the
policy is currently in farce and will not be cancelled without
thirty (30) days written notice to CITY. MELO'PER shall
maintain the fcregoing insurance coverages in force until the
work under this agreement is fully completed and accepted by
CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of
CITY by DEVELOPER under Section 8 of this agreement. CITY or
its representative shall at all times have the right to demand
the criginal or a copy of all said policies of insurance.
DEVELOPER shall pay, is a prompt and timely manner, the premiums
on all insurance hereinabove required..
5. INSPECTION BY CITY OF WORK DONv
The DEVELOPER shall obtain a right-of-ways encroachment
permit from the Department of Public Works. During construction
of the water main, the CITY shall assign a qualified Inspector
1
to the work whose function shall be to verify that construction
is accomplished in a wor'4manlike manner and in accordance with
the approved design and installation specifications; and when it
is found that the work is complete and in order, CITY and
DISTRICT agree to release ;said BONDS.
4.
** Construction of the watermain and -the ssoClate `1-Siruptsan.
of the District's property shall be completed within a 30 day
time period.
6. COMPLETION OF THE PROJECT
DEVELOPER agrees to complete construction of said Water
main on the DISTRICTS property and return the land to its
pre -construction condition no later than 30 days after initi;°: ing construction.
7. ItiDE.MI.?ICATION, DEFENSE, , HOLD npAgLESS CURING
CONSTRUCTION
DEVELOPER hereby agrees to protect, defend„ indemnify
and hold and sage harmless CITY, and DISTARICT, its officers,
agents and employees against any and all liability, claims,
judgments, costs and demands, however caused, including those
resulting from death or injury to DEVELOPER'S employees and
damage to property, arising directly or indirectly out of t`le
obligations herein undertaken by DEVELOPER, or out of the
operations conducted by DEVELOPER, regardless of the active or
passive nature of any negligence by CITY, save and except those
which arise out of the sole negligence or sole and willful
misconduct of CITY. DEVELOPER will defend any such suits at the
sole cost and expense cf DEVELOPER when requested by CITY, and
any costs of defense or attorney's fees incurred by C:= in
enforcing this obligation will be reimbursed to CITY or may be
awarded to CITY by a court of competent jurisdiction.
S. IVDEMNIFICATION AFTER THE PROJECT IS COMPLETE
Upon completion of the water main to the satisfaction
of the CITY and DISTRICT, the DEVELOPER shall be relieved of his
duty to indemnify the CITY and DISTRICT in paragraph 7, except
5.
as to latent deficie(.ci es of material or workmanship, and: the
CITY thereafter agrees to protect, defend, indemnify and hold
harmless the DISTRICT, their officers, agents and employees
against any and all liability, damages, costs, losses, claims,
expenses, judgments, costs and demands, including death or
injury to CITY, its contractors' or subcontractors* employees,
any damage to property, arising directly or indiractl.y out of an
accident dealing with said water main. This indemnity clause
shall act perpetually upon the CITY and DISTRICT.
9. WORKERS' COMPENSATION
Pursuant to California Labor rode §1861, DEVEL PER
acknowledges awareness of §3700 et seq. of said code, which
requires every employer to be insured against liability for
workers' compensation; DEVELOPER covenants that it will comply
with such provisions prior to commencing performance of the work
hereunder.
DEVELOPER shall maintain such Workers' Compensation
insurance in an amount of not less than One --hundred Thousand
Dollars ($ 100,000), at all times incident hereto, in forms and.
underwritten by insurance companies satisfactory to the City
Attorney, and DEVELOPER shall, prior to commencing performance
of the work hereunder, furnish to the CITY and DISTRICT, on a
form approval by the City Attorney, a certificate evidencing
such insurance, said certificate shall include a provision that
the insurer shall notify CITY and DISTRICT at least thirty (30)
6.
I
y
days prior to any can^ellation or modification of said insurance
policy and DEVELOPER shall notify CITY and DISTRICT at Least
thirty (30) days prior to any cancellation or mcedification of
such policy. Said insurance shall riot derogate from the
previsions for indemnification of CITY and DISTRICT by DEVELOPER
under Section 7 of this Agreement.
DEVEIIJPER shall require all of its' contractors' or
subcontractors to provide such Workers` Compensation Insurance
for all the contractors' or subcontractors' employees.
DEVELOPER shall furnish to CITY and DISTRICT a certificate of
waiver of subrogation under the terms of the Workers'
Compensation Insurance and DEVELOPER shall similarly require all
contractors or subcontractors to waive subrogation.
10. NON -ASSIGNABILITY
DEVELOPER shall not assign, transfer, convey, delegate
or encumber this Agreement, or any part hereof, or any right or
duty created herein, without the prior written approval or
consent of CITY and DISTRICT.
7.
0
■
11. ENT I R.:� TY
The foregoing represents the entire. Agreement between
the parties.
IN WITNESS WRERFEOF, the parties hereto hove caused tais
Agreement to be executed ',y and through their authorized
officers the day, mont4h and year first above written.
DEVELOPER;
t ELOEL,SCHE;R AND GUGGE.NHE:IM, PARTNERS
rh
-Fritz •8 elscher,- Park er M. ruggen3lr4ri :, Partner
u.1,e
CITY OF HUNTINGTON BEACH,
A r*,unicipal corporation
Mayor r,
ATTEST: APPROVED AS TO FORM;
City Attorney t
REVIEW _N: APPROVED: INIZIAT- �r �1,QPROVED-.
City inla teator Director of Publ,zc Works
OCEAN VIEWSCHOOL DISTRICT
Hy �.Gd.St. tLY ! LGrtc .9 J
N �Ti ..A3ametie
AJF : mf
6/17/85
0517E
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RESO UrION #18:858 6
RESOLUTION OF THE BOARD OF TRUSTEES OF OCEAN VIEW SCHOOL DISTRICT
OF ORANGE COUNTY, CALIFORNIA
September 17; 1985
On motion of Trustee Marcus duly seconded and carries
the following Resolution was adopted:
RESOLVED that it is the intent of this Board of Trustees, pursuant
to Sections 39540 and 39545 inclusive, of the E6,xation Code, to grant to
the City of Huntington Beach, a municipal corporation, an easement for wager
line purposes over, in, under, across, and along that certain real property
situated in the City of Huntington Beach, County of Orange, State of Calif-
ornia. This property is desribed as follows:
Beginning at the northwest corner of said Tract No. 5626,
thence, along the north line of said Tract 6626, south
89 32'04" East 239.73 feet; thence, leaving said north line,
north 00027156" east 15.02 feet; thence, parallel with
-aid north line, north 89 32'04" West 224.77 feet to a
point on a line that is 15.00 feet, measured at right
angles, from the east line of Tract No. 3430, as shown on
the map recorded in book 125 of r1iscellaneous Maps at
pages 26 and 27, in the office of the County Recorder of
Orange County, Caliofornia; thence, parallel with said
east line, north 00 18105" east 125.00 feet to a point on the
south line of Tract No. 3736, as shown on the map recorded
in book 142 of Miscellaneous Maps at pages 49 and 50, in
the office of the County Recorder or Orange County,
California; thence, along last said south line, north
89 32104" west 15.00 feet to the northeast corner of said
Tract No. 3430; thence, $long said east line of said
Tract No. 3430, south 00 18105" west 140.00 feet to the
Point of Beginning.
Containing 5,471 square feet, more or less.
NOTICE IS HEREBY GIVEN THAT ON THE l.it day of October,
085, at the hour of 7:00 o'clock p.m., a public meeting of the Board of
Trustees will be held at its regular meeting place for a public hearing upon
the question rf making the aforesaid grant.
BE IT FURT14ER RESOLVE% chat the Clerk of this Board of Trustees
is hereby directed to give notice of the aforesaid public meeting by
posting copies of this Resolution signed by this Board of a majority
thereof in three (3) public places in the District, said posting to be
completed not less than ten (10) days before the date of said public meeting;
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said notices to be posteu on an outdoor bulletin board of board room'at
district office, one at Pleasant View! School, and one at Vista View School,
and by publishing a copy of this Resolution once in the Daily Pilot, a
newspaper of general circulation published in the Ocean View School District,
said publication, to be made at least five (5) days before the date of said
public meeting.
AYES: TRUSTEES MARCUS, LEINWEBER, BLANK, OSTERLUND, GARRICK
NOES: TRUSTEES (NONE)
ABSENT: TRUSTEES (NONE)
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I, Shelia Marcus, Clerk of Board of Trustees of the Ocean View
School District of Orange County, California, hereby certify that the above
and foregoing Resolution was duly and regularly adopted by the said Board
at a regular meeting thereof held on the 17th day of September, 1985 and
passed by a 5-0 vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
llth day of September, 1985
Clerk bf t e-board of Trustees'
I_ 1
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�.�. 321
EXHIBIT "A"
(LEGAL DESCRIPTION)
IN THE CITY OF HUNTIN TON. BEACH', COUNTY OF GRANGE, STATE OF CALIFORNIA,
AND BEING A PORTION .OF THE SOUTHEAST ONE -QUARTER OF THE SOUTHEAST ONE -
QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 WCST, AS SAID SECTION
IS SHOWN ON TRACT NO. 6626, PER THE MAPRECORDED IN BOOK 249 OF MISCELL-
ANEOUS MAPS AT PAGES 9 Aft!) 10, IN THE OFFICE OF THE. COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA,, AND BEING MORE PARTICULARLY DESCRISEO AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT NO. 6626 THENCE, ALONG
THE NORTH LINE OF SAID TRACT No. 6626, SOUTH 89032'o4l, EAST 239.73 FEET;
THENCE, LEAVING SAID NORTH LINE, NORTH 00027'56" EAST 19.00 FEET; THENCE,
PARALLEL WITH SAID NORTH LINE, NORTH 89-32104'"WEST 224.77 FEET TO A POINT
ON A LINE THAT IS 15.00 FEET, MEASURED AT RIGHT ANGLES, 'FROM THE EAST LINE
OF TRACT NO. 3430, AS SHOWN 9N THE MAP RECORDED 1N BOOK 135 OF MISCELL-
ANEOUS MAPS AT PAGES 26 AND 27, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; THENCE, PARALLEL WITH SAID FAST LINE, NORTH
00018'05"EAST 12.5.00 FEET lu A POINT ON THE SOUTH LINE.OF T wgCT NO. 3736,
AS SHOWW ON THE MAP RECORDED IN BOOK 142 OF MISCELLANEOUS MAPS AT PAGES
49 ANa 50, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CAL.IF-
ORNIA; THENCE, ALONG LAST SAID SOUTH LINE, NORTH 89032104" WEST 15.00 FEET
TO THE NORTHEAST CORNER OF SAID TRACT NO. 3430; THENCE, ALONG SAID EAST
LINE OF SAID TRACT NO. 3113D, SOUTH.00018'05"+EST 140,00 FEET TO. THE POINT
OF BEGiv4lNG.
CONTAINING 5,471 SQUARE FEET, MORE: OR LESS.
v7ceet.i.eavl to CERTIFICATE OF INSURANCE JM Approved as to Form:
,�uw... yl,.n Beach rd TO Gail Hutton, City Attorney
ilmnsy
CITY OF HUNTINGTON BEACH, CALIFORNIA
,, n"cw, CA 926AE aY
vv Iy n s� Manager efier oRprnval A MUNiC1PAL COPPOP.'ATION
This is to vartify that the policies of Insurm-me as described below have been issued to the Insured by the uiidittigned and art in force
tt this time it these policies are cancelled or changed in such a manner that will affitt this certificate, the Insttraw.e company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach V 0. Box 711. Huntington Beach, California 92648 ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE -SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE AP¢S3QV9 WRIT,I(NG BY THE CITY
4TTORNEY. 71 ,t
Name of Insured HOELSCHER�-GUGGENHEIM PARTNERS,
Address of!nsurad 4665 MacArthur Court 4275, Newport Beach, C fornia�92660
Location of Work or Operations to be perform -d MAGNOLIA & EARNER, HUNTINGTON BEACH, CA
Description of Mork or Operations
POLICY DATEV
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Eupirstion
POLICIES IN FORCE
POLICY NO.
in Thousands (000)
(INS.)
GENERAL LIABILITY
I)o COMPREHENSIVE FORM
1
SVPD12 /-f `,/
406
1,000 CS,
Ins. Cry, Of
iN P62EMISas;-,:AIaRATIONs
2/16/84
12/16/85
North America
Each Occurence
I I EAPLOSION AND
COLLAi--SE HAZARD
I I UNDEAGROUNO HAZARD
I j(1 PRODUCTS COMPLETED
OPERATIONS HAZARD
I CONTRACTUAL
INSURANCE
' 13ROA0 FORM
t
PROPERTY DAMAGE
,
t INDEPENDENT
CONTRACTORS
PE nSONAL INJURY
AUTOM081LE LIABILITY
I I COMPREHENSIVE FORM
I I OWNED
g_ CSL
I I HIRto
Each OEturtres
! ( NON-OWNIED
EXCESS LI AS$ LITY
{{
IXa VMGMELLA FOAM
59XS331724W'A
I
i I OTKZI%THAN
/1/84
7/1/85
$2.000
Aetna Casualty
UMaRCLLA FORM
Surety Company
WORKERS' COMFENSATiON
Binder #089
5/20/85
/20/86
100,000
REMONT 1NDEMN1
EMPLOYERS' LIABILITY
Additional Insured Endorsement. -
The insurer agrees that :he City of Huntington Such and Its City Council, and/or ail City Council appointed groups, committees,
commissions, boards and any other City Council, appointed body, tins"/or elective lead appointive officers, servants or employe(" of the
City of Huntington Beach, when actir4 as such are additional insurmis hereunder, for tits of the insured, and such hudrartcb shelf
be primary to any insurseca of the City of Huntington Beach, as their intarW may appww.
pate �y VN1Lh
INSURANCE COMPANY
1791
INSURANCE COMPANY
r�aoram
City 1,>yvzna CA 92714
itY �(714) 8631800
raftpnene
TOLD HAPIMLESS AGREEMENT
(tip be executed by Insured)
The insured t� _.-- agrees to protect, defend. Indemnify, tetra, and hold hsrmla#s the City of Huntington 8"Ch, Its
officers, agents, and employees against any liability, loss, damage, cost, or exptnse by reazan of any and all liability,'Suitt, claims,
demand~, judgments and causes of wtl4n caused by irasu bl-i #Mployeat, sperms or any subcontsactor of by any thild mercy arising
out of or in consequent.: of the perforr .Ince of all or mmr8tIo r actNity for ►rhich this certificate of Insurance Is furnlshed,
11) Sole Prop,rietotship ial parrararship I3I td! Isla T HOLD HARMLESS SIGNED, Sv insured; Tiny ,�� � >. P1117 ra lf_
F.R
IAII nammi dull Ise ptlCr9d or tYtst+d By.iniiuredt t Tit,.
0etaw Pach s4iriatutal I .
11 CO(Pwation, TWO Officers m tt sign, or present ewleance of authorization to bind Corppratiott,