HomeMy WebLinkAboutORANGE, COUNTY OF Matching Grant Agrmt HB Pier Project $250,000 1990 (HISTORICAL) - 1990-03-05 t
EtCe Notes
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Huntington Beach, CaCifornia
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Agreement No. D90-011
1 AGREEMENT
2 This AGREEMENT is made and entered into this day of ,
3 1990.
4 BY AND BETWEEN
5 The CITY OF HUNTINGTON BEACH, a Municipal
corporation hereinafter referred to as
6 "CITY",
7 AND
The COUNTY OF ORANGE, a subdivision of the
8 State of California, herein after referred
to as "COUNTY".
9 W I T N E S S E T H
10 WHEREAS, CITY has coordinated, designed and prepared plans and
11 specifications for the demolition and reconstruction of the Huntington Beach
12 Municipal Pier and its related utility and concession buildings, hereinafter
13- referred to as "PROJECT"; and
14 WHEREAS, CITY and STATE have executed a long term lease agreement for the
15 purpose of building, operating and maintaining said PROJECT; and
16 WHEREAS, CITY is anticipated to collect approximately $10.5 million in
17 contributions from Federal, State, County and Local Government Agencies, as well as
18 from private fund raising efforts by CITY to accomplish said PROJECT; and
19 WHEREAS, COUNTY finds that completion of PROJECT will provide enhanced
20 regional recreational facilities for residents of Orange County; and
21 WHEREAS, COUNTY desires to participate in PROJECT. by providing funding
22
assistance in an amount not to exceed $250,000.
23 NOW, THEREFORE IT IS AGREED as follows:
24 1. PROJECT shall include demolition of existing pier and reconstruction o
25 a new concrete facility.tkat=.. nn1n_ 11 M1.111 of
26
27 �N
s
28 -1-
Agreement No. D90-011
1 2'. Funding assistance in an amount not to exceed $250,000, shall be
2 provided by COUNTY from the Second Supervisorial 'District Urban Parks Program
3 Account, which was established to facilitate recreational development in urban
4 areas. Said contribution shall be used solely for PROJECT development. Funding
5 assistance shall be based upon CITY's receipt of matching funds, up to an amount of
6 $250,000 from private, non-governmental agency donations.
7 3. CITY:
8 a. Shall be the "lead agency" within the context of the Environmental
9 Quality Act of 1970, as amended.
10 b. Shall provide staff assistance, design and permits for PROJECT at
11 no cost to COUNTY.
12 C. Shall accomplish all engineering surveying, inspection and contract
13 administration in connection with PROJECT at CITY's expense.
14 d. Shall invoice COUNTY for an amount not to exceed $250,000. Said
15 invoice shall be accompanied by documentation which verifies the receipt of .matching
16 funds for the amount invoiced, from private, non-governmental agency donations.
17 e. Shall award PROJECT construction contract by approximately
18 December 31, 1990 and -shall provide COUNTY's Director of Harbors, Beaches and Parks,
19 hereinafter called "DIRECTOR" with copy of CITY's executed "Notice to Start. "
20 f• Shall complete PROJECT within two (2) years of award of
21 construction contract. Said PROJECT completion shall be evidenced with a "Notice of
22 Completion," as executed. by CITY.
23 g• Shall submit bills, auditor's warrants and any other documents
24 substantiating CITY's expenditures for PROJECT to COUNTY within thirty (30) days of
25 filing Notice of Completion as specified in paragraph "f" above.
26 h. Shall operate and maintain PROJECT or cause PROJECT to be
27 maintained through others for the benefit of CITY and COUNTY residents, as agreed to
28 -2
1
Agreement No. D90-011
1 in lease agreement between CITY and State of California dated February 1, 1984
2 through January 31, 2019, and any amendments thereto.
3 4. COUNTY:
4 a. Shall contribute matching funds to accomplish PROJECT, in an amount
5 not to exceed $250,000, upon receipt of documentation substantiating CITY's receipt
6 of matching funds from private, non-governmental agency donations.
7 b. Shall remit said sum to CITY upon receipt of CITY's invoice and
8 upon authorization of DIRECTOR. In no case shall COUNTY's financial obligation for
9. PROJECT under this Agreement exceed $250,000.
10 5. It is mutually understood and agreed as follows:
11 a. Neither COUNTY nor any officer or employee thereof shall be
12 responsible for any damage or liability occurring by reason of anything done or
13 omitted. to be done by CITY under or in connection with any work, authority,
14 jurisdiction delegated to CITY under this Agreement.
15 b. CITY shall fully indemnify, defend, and hold COUNTY harmless from
16 any liability imposed for injury occurring by reason of anything done, or omitted to
17 be done by CITY under or in connection with any work, authority, or jurisdiction
18 performed by CITY under this- Agreement.
19 c. COUNTY shall fully indemnify, defend, and hold CITY harmless from
20 any liability imposed for injury occurring by reason of anything done or omitted to
21 be done by COUNTY under or in connection with any work authority, or jurisdiction
22 performed by COUNTY. under this Agreement.
23 6• In the event that construction contract for PROJECT is not awarded by
24 December 31, 1990 in accordance with Paragraph 3.e. , above or if PROJECT is
25 subsequently not completed in accordance with terms of Paragraph 3. f. , above, CITY
26 shall repay COUNTY total sum paid under this' Agreement, plus interest. Said
27 proposed dates are subject to adjustment, upon mutual agreement and when formally
28
-3-
Agreement No. D90-011
1 executed in accordance with the terms of Paragraph 9, below.
2 7. Either party shall have the right to terminate this Agreement prior to
3 the payment of funds, with cause, immediately or without cause with 30 days written
4 notice. Any such termination shall be effected by delivery to the other party in a
5 manner prescribed in Paragraph 8 hereinbelow, of a written Notice of Termination
6 specifying the extent to which performance of work under Agreement is terminated,
7 and the date upon which such termination became effective.
8 8. Notices or other communications which may be required or provided under
9 the terms of this Agreement shall be given as follows:
10 COUNTY: Director of Harbors, Beaches and Parks
11 Environmental Management Agency
12 P.O. Box 4048
13 Santa Ana, CA 92702-4048
14 CITY: City Administrator
15 City of Huntington Beach
16 2000 Main Street, 4th Floor
17 Huntington Beach, CA 92648
18 All notices shall be deemed effective when in writing and delivered in
19 person or deposited in the United States mail, first class, postage prepaid and
20 addressed as above. Any notices, correspondence reports and/or statements
21 authorized or required by this Agreement addressed in any other fashion shall be
22 deemed not given. COUNTY and CITY may mutually agree in writing to change the
23 addresses to which notices are to be sent.
24 9. This Agreement fully expresses all understanding of the parties and is
25
26
27
28 -4-
Agreement No. D90-011
1 the total Agreement between the parties as to the subject matter of this Agreement.
2 No addition to, or alteration of the terms of this Agreement, whether written or
3 verbal,, by . the parties, their officers, agents or employees, shall be valid unless
4 made in the form of a written amendment to this Agreement and is formally approved
5 and executed by both parties.
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Agreement No. D9O-011
1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
2 day and year first hereinabove written.
3
COUNTY OF ORANGE
4
5 Date: ° ' ZO BY:
6 Chairman of the Board o upervisors of
Orange County, California
7
8 SIGNED AND CERTIFIED THAT A COPY OF CITY OF HUNTINGTON BEACH,
THIS DOCUMENT HAS BEEN DELIVERED a municipal corporation
9 TO THE CHAIRMAN OF THE BOARD
10 BY:
11 LINDA D. RUTH Mayor
12 Clerk of the Board of Supervisors
of Orange County, California
13
14 ATTEST:
15
16 City Clerk
,3 s/90
17
�J
18 REVIEWED AND APPROVED:
19
BY
20 City Administrator
21
22 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
23 ORANGE COUNTY, CALIFORNIA
24
BY: r
25 puty _G City Attorney
26
27
28 HM:jc/apHBPO1-40/0057/0010422060300 -6-
• �.
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES March _6, ..1990
AGREEMENT NO. D90-011 WITH THE CITY OF HUNTINGTON FOR HUNTINGTON BEACH
PIER FUNDING ASSISTANCE: Supervisor Wieder requests approval of an
agreement to provide Urban Parks funding assistance to be used toward
demolition and reconstruction of the Huntington Beach Municipal Pier.
Supervisor Wieder noted that the agreement would allocate $250,000 from
the Second District's Urban Parks Fund. An amendment to the agreement,
which is supported by Environmental Management Agency, would allow the
City of Huntington Beach maximum design options, and she stated she
would be recommending an amendment to the contract. Supervisor Wieder
noted that the Federal Government announced it would be contributing $1
million towards the pier reconstruction.
MOTION: On motion by Supervisor Wieder, seconded by Supervisor Stanton,
the Board moved to: 1. Authorize execution of Agreement No. D90-011
with the City of Huntington Beach, with an amendment to Page 1, Lines
25, 26, and 27 to read: 1. Project shall include demolition of
existing pier and reconstruction of a new concrete facility. 2. Direct
the Auditor-Controller to transfer $250,000 from Accumulative Capital
Outlay Account No. 4061-420-020 to Account No. 4060-310 and issue
warrant from Account No. 4061-310 in the amount of $250,000 to the City
of Huntington Beach for the purpose of providing funding assistance for
the demolition and reconstruction of the Huntington Beach Municipal Pier
upon execution of agreement. Supervisor Riley_ was absent. MOTION
CARRIED.
i C�V „r
APR 9 1QQ0
CITY OF HUN I IVU:"i ;l i 0EACH
Agreement No. D90-011
1 AGR _EEMENT ( r, ^
2 This AGREEMENT is made and entered into this '� day of ✓W�/ 1�/�y
3 1990.
4 BY AND BETWEEN
5 ' The CITY OF HUNTINGTON BEACH, a Municipal
corporation hereinafter referred to as
6 "CITY",
7 AND
The COUNTY OF ORANGE, a subdivision of the
8 State of California, herein after referred
to as "COUNTY".
9
W I T N E S S E T H
10
WHEREAS, CITY has coordinated, designed and prepared plans and
11
specifications for the demolition and reconstruction of the Huntington Beach
12 Municipal Pier and its related utility and concession buildings, hereinafter
13 referred to as "PROJECT"; and
14 WHEREAS, CITY and STATE have executed a long term lease agreement for the
15 purpose of building, operating and maintaining said PROJECT; and
16 WHEREAS, CITY is anticipated to collect approximately $10.5 million in
17 contributions from Federal, State, County and Local Government Agencies, as well as
18 from private fund raising efforts by CITY to accomplish said PROJECT; and
19 WHEREAS, COUNTY finds that completion of PROJECT will provide enhanced
20 regional recreational facilities for residents of Orange County; and
21 WHEREAS, COUNTY desires to participate in PROJECT by providing funding
22
assistance in an amount not to exceed $250,000.
23 NOW, THEREFORE IT IS AGREED as follows:
24 1. PROJECT shall include demolition of existing pier and reconstruction of
25
a new concrete facility - '
26
27
s
28 -1 .
r,
Agreement No. D90-011
1 2. Funding assistance in an amount not to exceed $250,000, shall be
2 provided by COUNTY from the Second Supervisorial District Urban Parks Program
3 Account, which was established to facilitate recreational.development in urban
4. areas. Said contribution shall be used solely for PROJECT development. Funding
5 assistance shall be based upon CITY's receipt of matching funds, up to an amount of
6 $250,000 from private, non-governmental agency donations.
7 3. CITY:
8 a. Shall be the "lead agency" within the context of the Environmental
9 Quality Act of 1970, as amended.
10 b. Shall provide staff assistance, design and permits for PROJECT at
11 no cost to COUNTY.
12 C. Shall accomplish all engineering surveying, inspection and contract
13, administration. in connection with PROJECT at CITY's expense.
14 d. Shall invoice COUNTY for an amount not to exceed $250,000. Said
15 invoice shall be accompanied by documentation which verifies the receipt of matching
16 funds for the amount invoiced, from private, non-governmental agency donations.
17 e. Shall award PROJECT construction contract by approximately
18 December 31, 1990 and shall provide COUNTY's Director of Harbors, Beaches and Parks,
19 hereinafter called "DIRECTOR" with copy of'CITY's executed "Notice to Start."
20 f. Shall complete PROJECT within two (2) years of award of
21 construction contract. Said PROJECT completion shall be evidenced with a "Notice of
22 Completion, " as executed by CITY.
23 g Shall submit bills, auditor's warrants and any other documents
24 substantiating CITY's expenditures for PROJECT to COUNTY within thirty (30) days of
25 filing Notice of Completion as specified in paragraph "f" above.
26 h. Shall operate and maintain PROJECT or cause PROJECT to be
27 maintained' through others for the benefit of CITY and COUNTY residents, as agreed to
28
-2-
-
Agreement No. D90-011
1 in lease agreement between CITY and State of California dated February 1, 1984
2 through January 31, 2019, and any amendments thereto.
3 4. COUNTY:
4 a. Shall contribute matching funds to accomplish PROJECT, in an amount
5 not to exceed $250,000, upon receipt of documentation substantiating CITY's receipt
6 of matching funds from private, non-governmental agency donations. .
7 b. Shall remit said sum to CITY upon receipt of CITY's invoice and
8 upon authorization of DIRECTOR. In no case shall COUNTY's financial obligation for
9 PROJECT under this Agreement exceed $250,000.
10 5. It is mutually understood and agreed as follows:
'11 a. Neither COUNTY nor any officer or employee thereof shall be
12 responsible for any damage or liability occurring by reason of anything done or
13 omitted -to be done by CITY under or in connection with any work, authority,
14 jurisdiction delegated to CITY under this Agreement.
15 b. CITY shall fully indemnify, defend, and hold COUNTY harmless from
16 any liability imposed for injury occurring by reason of anything done or omitted to
17 be done by CITY under or in connection with any work, authority, or jurisdiction
18 performed by CITY under this Agreement.
19 c. COUNTY shall fully indemnify, defend, and hold CITY harmless from
20 any liability imposed for injury occurring by reason of anything done or' omitted to
21 be done by COUNTY under or in connection with any work authority, or jurisdiction
22 performed by COUNTY under this Agreement.
23 6. In the event that construction contract for PROJECT is not awarded by
24 December 31, 1990 in accordance with Paragraph 3.e. , above or if PROJECT is.
25 subsequently not completed in accordance with terms of Paragraph 3. f. , above, CITY
26 shall repay COUNTY total sum paid under this Agreement, plus interest. Said
27 proposed dates are subject to adjustment, upon mutual agreement and when. formally
28
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s - Agreement No. D90-011
1 executed in accordance with the terms of Paragraph 9, below.
2 7. Either party shall have the right to terminate this Agreement prior to
3 the ,payment of funds, with cause, immediately or without cause with 30 days written
4 notice. Any such termination shall be effected by delivery to the other party in a
5 manner prescribed in Paragraph 8 hereinbelow, of a written Notice of Termination
6 specifying the extent to which performance of work under Agreement is terminated,
7 and the date upon which .such termination became effective.
8 8. Notices or other communications which may be required or provided. under
9 the terms of this Agreement shall be given as follows:
10 COUNTY: Director of Harbors, Beaches and Parks
11 Environmental Management Agency
12 P.O. Box 4048
13 Santa Ana; CA 92702-4048
14 CITY: City Administrator
15 City of Huntington Beach
16 2000 Main Street, 4th Floor
17 Huntington Beach, CA 92648
18 All notices shall be deemed effective when in writing and delivered in
19 .person or -deposited in the United States mail, first class, postage prepaid and
20 addressed as above. Any notices, correspondence reports and/or statements
21 authorized or required by this Agreement addressed in any other fashion shall be
22 deemed not given. COUNTY and CITY may mutually agree in writing to change the
23 addresses to which notices are. to be sent.
24 9• This Agreement fully expresses all understanding of the parties and is
25
26
27
28 -4-
u Agreement No. D90-011
1 the total Agreement between the parties as to the subject matter of this Agreement.
2 No addition to, or alteration of the terms of this Agreement, whether written or
3 verbal, by the parties, their officers, agents or employees, shall be valid unless
4 made in the form of a written amendment to this Agreement and is formally approved
5 and executed by both parties.
6
7
8
9
10
11
12
13
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16
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28 -5-
Agreement No. D90-011
1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
2 day and year first hereinabove written.
3
COUNTY OF ORANGE
4
5 a
Date: " l� BY: .
6 Chairman of the Boar o upervisora of
Orange County, California
7
8 STGNED AND CERTIFIED .THAT A COPY OF CITY OF HUNTINGTON BEACH,
THIS DOCUMENT HAS BEEN DELIVERED a municipal corporation
9 TO THE CHAIRMAN OF THE BOARD
10
11 �• BY:
LINDA D. RUTH Mayor
12 Clerk of the Board of Supervisors
of ,-O.range4County, California
13
14 ATTEST:
15
16 City Clerk--
17
f
18 REVIEWED AND APPROVED:
19
20 City Administrator ;
21
22 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
23 ORANGE COUNTY, CALIFORNIA
24 _
25 / BY:
7eouty / b City Attorney
26
27
28
HM:jc/apHBP01-40/0057/0010422060300 -6-
REQUEST FOR CITY COUNCIL ACTION
4�
Date February 27, 1990
Honorable Ma or and City Council APPROVED By CITY COUNPIL Members
Submitted to: Y Y, •
Michael T. Uberua a, Cit Administrator `� � '- `ig
Submitted by: g Y ,.
Prepared by: Richard Barnard, Deputy City Administrator .
ci cg
Subject: MATCHING GRANT AGREEMENT BETWEEN THE CITY
AND THE COUNTY OF ORANGE PROVIDING FUNDS
FOR THE HUNTINGTON BEACH PIER PROJECT
Consistent-with Council Policy? jK] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
County Supervisor Harriett Wieder pledged to the Pier Project $250,000. An agreement
between the City of Huntington Beach and the County of Orange needs approval by the
City Council in order for the city to receive a $250,000 matching grant from the second
Supervisory DistrictUrban Parks Program account.
"Recommendation:
Approve agreement between the City of Huntington Beach and the County of Orange.
'Analysis:
Supervisor Harriett Wieder pledged to the city to provide a $250,000 matching grant for
the reconstruction of the Huntington Beach pier. In order for the city to receive the funds
it is necessary for the city to enter into an agreement which sets forth the requirement
the city must meet in order to receive the funds. The primary condition in the agreement
is .that the city must raise matching contributions from private donations equal to the. .
County's contribution. To date the city has raised $180,000 in private donations. The Pier"
Group has indicated that they have additional $15,000 available for the pier, leaving an
unfunded balance of $55,000. It is anticipated that private donations to support the pier
project will range in the neighborhood of between $1.5 to $3.5 million.
Once the City Council approves the agreement it will be transmitted to the County for
approval by the Board of Supervisors.
fiunding-Sorce:
$250;000 County Urban Park Fund
$250,000 Private donations for the pier
RCA -- Matching Grant Agree"' nt
February 27, 1990
Page ---2-
Alt r iv ..
1. Do not approve the agreement between`the County and the City.
2. Modify the agreement.
Attachments:
Agreement between the .County of Orange and the City of Huntington Beach..
MTU:RB/paj m
4193a
t
Agreement. No. D90-011
Z A G'•R E E M E N T
This AGREEMENT 'is made and -entered into this day-, of ,
3 1990.
BY AND BETWEEN ►
�i � •
The CITY OF HUNTINGTON BEACH, a''Municipa.l
corporation hereinafter referred to as.
„CITY" ,
AND
The COUNTY OF ORANGE, a subdivision of the
8 State of California, herein after referred
to as "COUNTY" .
W I T N E S S E T H
10 WHEREAS, CITY has coordinated, designed and prepared plans and
- I
specifications for the demolition and reconstruction of the Huntington Beach
. i
i
Municipal Pier and its related utility and concession buildings, hereinafter
d referred to as "PROJECT" ; and
14
WHEREAS, CITY and STATE -have executed a long term lease agreement for the
{
purpose of bua•lding', operating and rRaintaining, said. PROJECT; and
16 WHEREAS, CITY is an.ticfpated' to. co'Ilect approximately $10.5 million in
I
17 ! ' contributions from Federal, State, County and Local Government Agencies, as well as
18I from private fund raising efforts by CITY to accompTi'sh said PROJECT; and
191 WHEREAS, COUNTY finds that completion of PROJECT wil'1 provide enhanced
20 1-egional recreational facilities for residents of Orange County; and
21 i WfiEREAS, COUNTY dE?s1'1"Ps to pa>.ric•ipate in PR0.1E;(,T by providing funding
?" i a ; c l;;t :►nrc ill all .1111milk t nut to exceed $2.15o,000.
I
NOW, 'I'llE:RFFORP, IT IS AGREED a, t of l ows:
24
I.. PROJECT shall include demolition of existing pier and reconstruction of
a new concrete facility.thft+-wklas.urns-ap.p.z:�ox-i-nia-rely-1.800-1--L-x"30"-W x 387'-ML,I,W-a7t-
26
send.,-in-c- tad•i-►ag-ptzb_li.c_.r.est<r-ooms,—li-€egua-rd_stat.ion.,-cafe;ba•i-t and-ta'ck27
le-� .
I shop`a�d-^•twto-small-con-cession-bui-ldi-ngs:
28
Agreement No. D90-011
1 2. Funding assistance in an amount not to exceed $250,000, shall be
2 provided by COUNTY from the Second Supervisorial District Urban Parks Program
3 Account , which was established to facilitate recreational development in urban
.4 areas. Said contribution shall be used solely for PROJECT development . Funding
15 assistance shall be based upon CITY' s receipt of matching funds, up to an amount of
6 $250,000, from private, non-governmental -agency donations.
3. CITY:
6 a. . Shall, be the. "lead agency" within the context of the Environmental
9 Quality Act of 1970, as amended .
10 b. Shall provide staff Assistance, design and permits for PROJECT at
11. � no cost to COUNTY.
12 C . Shall accomplish all engineering surveying, inspection .and contract
13 administration in connection with PROJECT at CITY's expense.
14 d. Shall invoice COUNTY for an amount not to exceed $250,000. Said
I5 invoice shall be accompanied by documentation which verifies the receipt of matching '
16 funds for the amount: invoiced , from private, non-governmental agency donations.
17 e. Shall award PROJECT construction contract by approximately
l8i December 31 , 1990 and shall provide C:OUNTY's Director of Harbors, Beaches and Parks,
1.9 hereinafter called "DIRECTOR" with copy of CITY's executed "Notice to Start . "
20 f. Shall complete PROJECT within two (2) years of award of
21 �I construction contract . Said PROJECT completion shall be evidenced with a "Notice of
22 !� Completion, " as executed by CITY.
23j! g. Shall. submit bills, auditor's warrants and any other documents
24j substantiating CITY' s expenditures for PROJECT to COUNTY within thirty (30) days of
25 filing Notice of Completion as specified in paragraph "f" above.
96 e and maintain PROJECT or cause PROJECT to be
27 m,-Aintair:ed tlrr.otrgh otheis for the benefit of CITY and COUNTY residents, as agreed to
28
Ag-ree6drit No. D90-011
in leas6 agreement b6t-webfi CITY dfid State of California dated February li 1984
t6kough i5iiijiify 31; 2019; and any dffiendffi6fiis thereto:
3 4: COMM
-hAii t.-60ttiKut6 ffiatthifig fbfidg to accomplish PROJECT, in an amount
4'
not to exceed 050i000j Upon I.-e-c-e--);p-t of do6iffi6fitAtiori substantiating CITY's receipt.
5.
6 of matching f0fi&§ ft6.m private; non--g6veeriffi&i tail agency donations.
b; Shall remit said sum 't6 CITY upon receipt of CITYls invoice and
Upon authorization of MkMTO; In no dd§6 §hili COUNTYIs finAnc"I;al obligation for
PAbjE& 6fid6i: this` Agreement 62xr-6ed $256j000. i.
5: it is FnUt05iiy Ufij6i7§t66d and agreed as follows
11 a; W!idilH CWNTY '66i: afiy 6ffi(fer dr employee thereof shall be
responsible f6i any ldffiige 6i liAlility, occurring by reason of anything 1,),, or
onilited .to. be done by CITY ufidei of i6 connection with any Work; authority,
iifidee this Agreeffiefit.
jurisdiction delegated to CITY 14
15 B. '6itY sh511 foliy i;fid&nfiif-y, deftnd, and hold COUNTY harmless from
any Di6iiilty- imposed f6f injury occurring by reason of- aftythifig done or omitted to
16 s
17 be dohe by CITY ufidunder6 or in connection with any work; authority, or jurisdiction
18 performed by CITY tinder this Agreement:
1.9 E. COUNTY shall fiiiiy indeffnify, defend , aid hold CITY. harmless from
20 any liability iifip6§ej fbi injury 6ccurr- lfig. by reason of anything done or omitted to
he done by e0iiNtY tinder bi- in connection with any work Authority, of jurisdiction
21
22 3Ipet formed b COUNTY Lifido.-r. this, Agt'e&nent
23 6. in the cvent. that con.,,,,tiuction contract for PROJECT is not awarded I)v
2,4 1)e c IL,ITI 1)e.1:. 31 in accordance with Paragraph 3.e. , above or if PROJECT is
subsequently not completed in accordance with terms of Paragraph 3. f. , above, CITY
26.
shall repay COUNTY total. sum pAid under this Agreement, plus interest . Said
27 proposed dates are subject to adjustment, upon mutual agreement and when formally
28
-3-
Agreement No. D90-011
o
i rrx�r�;tir,c:d in ac• :orrdance with the terms of: Paragraph 9, below.
1. Either. party shall have the right to terminate this Agreement prior to
the payment of funds, with cause, immediately or without cause with 30 days writteh
4 notice. Any such "termination shall be effected by delivery to the other party in a
7 manner prescribed in Paragraph 8 hereinbelow, of a written Notice of Termination
6 specifying the extent to which performance of work under Agreement is terminated,
7 and the date upon which such termination became effective.
8. Notices or other communications which may be required or provided under
c3 � the terms of this Agreement shall be given as follows:
1�1 COUNTY: Director of. Harbors, Beaches and Parks
11 Environmental Management Agency
12 P.O. Box 4048
13
Santa Ana, CA 92702-4048
14 CITY: City Administrator
151 City of Huntington Beach
16 2000 Main Street, 4th Floor
17I Huntington Beach, CA 92648
18 All notices shall be deemed effective when in writing and delivered in
19 person or deposited in tale United States mail , fiyst class, postage prepaid and
Zit addressed as above. Any notices, correspondence repoks and/or statements
21 authorized or required by this Agreement addressed in any other fashion shall he
22f deemed. not given. COUNTY and CITY may mutually agree in writing to change the
2,3 addresses to which notices are to be sent .
24 'I 9. 'Phis Agreement fully expresses all understanding of the parties and is
I
25
26
Zi
2S !; r
� LYE
Agreement No. n90-011 ,
1 the total. Agreement between the' parties as ' t'o the subject matter of this Agreement .
2
No addition to, or alteration of 'the terms of this 'Agreement , whether written or
verbal, by the parties, their officers, agents or employees, shall be valid unless
4 made in the form of a written amendment to this Agreement and is formally approvers
5 and executed by both parties.
6
7
8
9
10
13
14
15
16
17
18
19
20
�II
22
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27
Agreement No. D90-011
1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
2 day and year first hereinabove written.
3
COUNTY OF ORANGE
4 ,
r ,
5 f Date: BY:
6 ' Chairman of the Board of Supervisors of
Orange County, California
7
81 SIGNED AND CERTIFIED THAT A COPY OF CITY OF HUNTINGTON BEACH,
THIS DOCUMENT HAS BEEN DELIVERED a municipal corporation
9i1 TO THE CHAIRMAN OF THE BOARD
10
11 ! -- _ B Y:
LINDA D. RUTH Mayor
12 � Clerk of the Board of Supervisors
of Orange County, California 1
13
14 .1 ATTEST:
I6j City Clerk
17
!
is REVIEWED AND APPROVED:
� . -
19 BY:
261k City Administrator
21 j
22 APPROVED AS TO FORM:
ADR I AN KOY PER, COUNTY COUNSEL
GRANGE, COUNTY, CA[,[ FORN I A
25
f
D uty
BY: r-.._[�A t Lorne
26
27
28
HM:jc/apHBP01-40/0057/0010422060300 -6- .
is