HomeMy WebLinkAboutORANGE, COUNTY OF Reconstruction municipal pier $1,000,000 1990 (HISTORICAL) - 1990-10-01 Ce Notes
Office of the City Clerk
Huntington Beach, California
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Agreement No: D90-234
1
2 A G R E E M E N T
3 This AGREEMENT is made and entered into this day of ,
4 1990'
5 BY AND BETWEEN
6 The CITY OF HUNTINGTON BEACH, a Municipal
corporation hereinafter referred to as
7 "CITY",
8 AND
The COUNTY OF ORANGE, a subdivision of the
9 State of California, herein after referred
to as "COUNTY".
10
W I T N E S S E T H
11
WHEREAS, CITY has coordinated, designed and prepared plans and
12
specifications for the demolition and reconstruction of the Huntington Beach
13 Municipal Pier and its related utility and concession buildings, hereinafter
14 referred to as "PROJECT' and
15 WHEREAS, CITY and the State of California have executed a long term lease
16
agreement for the purpose of building, operating and maintaining said PROJECT; and
17
WHEREAS, CITY is anticipated to collect approximately $10.5 million in
18 contributions from Federal; State, County and other local government agencies, as
19 Well as from private fund raising efforts by.CITY to accomplish said PROJECT; and
20 WHEREAS, COUNTY has previously provided funding assistance in the amount of
21
$250,000 from its Urban Parks Program Fund in support of said PROJECT; and
22
WHEREAS, COUNTY finds that completion of PROJECT will provide enhanced
23
regional recreational facilities for all residents of Orange County; and
24
WHEREAS, COUNTY desires to further participate in PROJECT by providing
25
additional funding assistance in an amount of $1,000,000 from countywide Harbors,
26
Beaches and Parks funds.
27
NOW, THEREFORE IT IS AGREED as follows:
28 -i-
• Agreement No. D90-234
1 1. PROJECT shall include demolition of -existing pier and reconstruction of
2 a new concrete pier.
3 2. Funding assistance in an amount $1,000,000, shall be provided by COUNTY
4 from the Harbors, Beaches and Parks Accumulated Capital Outlay Fund. Said
5 contribution shall be used solely for PROJECT development.
6 3. CITY:
7 a. Shall be the "lead agency" within the context of the Environmental
8 Quality Act of 1970, . as amended.
9 b. Shall provide staff assistance, design and permits for PROJECT at
10 no cost to COUNTY.
11 C. Shall accomplish all engineering surveying, inspection and contract
12 administration in connection with PROJECT at CITY's expense.
13 d. Shall invoice COUNTY for an amount not to exceed $1,000,000. Said
14 invoice shall be accompanied by documentation which verifies the award of a
15 construction contract in excess of $8 million for said PROJECT.
16 e. Shall award PROJECT construction contract by December 31, ;1990 and
17 shall provide COUNTY's Director of Harbors, Beaches and Parks, hereinafter called
18 "DIRECTOR" with copy of CITY's executed "Notice to Start."
19 f• Shall complete PROJECT within three (3) years of award of
20 construction contract. Said PROJECT completion shall be evidenced with a "Notice of
21 Completion," as executed by CITY.
22 g• Shall submit bills, auditor's warrants and any other documents
23 substantiating CITY's expenditures for PROJECT to COUNTY within thirty (30) days of
24 filing Notice of Completion as specified in paragraph "f" above.
25 h. Shall operate and maintain PROJECT or cause PROJECT to be
26 maintained through others for the benefit of CITY and COUNTY residents, as agreed to
27 in lease agreement between CITY and State of California dated February 1, 1984
28
-2-
Agreement No. D9O-234
1 through January 31, 2019, and any amendments thereto.
2 4. COUNTY shall contribute funds to accomplish PROJECT, in an amount not
3 to exceed $1,000,000 from Harbors, Beaches and Parks Account 4061-310-721, upon
4 receipt of documentation substantiating CITY's award of construction contract for
5 the PROJECT.
6 5. It is mutually understood and agreed as follows:
7 a. Neither COUNTY nor any officer or employee thereof shall be
8 responsible for any damage or liability occurring by reason of anything done or
9 omitted to be done by CITY under or in connection with any work, authority,
10 jurisdiction delegated to CITY under this Agreement.
11 b. CITY shall fully indemnify, defend, and hold COUNTY harmless from
12 any liability imposed for injury occurring by reason of anything done or omitted to .
13 be done by CITY under or in connection with any work, authority, or jurisdiction
14 performed by CITY under this Agreement.
15 6. In the event that construction of PROJECT is not completed within three
16 (3) years of award of construction contract as specified within terms of
17 Paragraph 3.f. , above, CITY shall repay COUNTY total sum paid under this Agreement,
18 plus compound interest calculated from the date of deposit through date of refund at
19 a rate of 6% per year. Said proposed dates are subject to adjustment, upon mutual
20 agreement and when formally executed in accordance with the terms of Paragraph 9,
21 below.
22 7. Either party shall have the right to terminate this Agreement prior to
23 the payment of funds, with cause, immediately or without cause with 30 days written
24 notice. Any such termination shall be effected by delivery to the other party in a
25 manner prescribed in Paragraph 8 hereinbelow, of a written Notice of Termination
26 specifying the extent to which performance of work under Agreement is terminated,
27 and the date upon which such termination became effective. The provisions of
28
-3-
Agreement No. D90-234
1 paragraph 6 above shall remain .in effect notwithstanding termination of this
2 Agreement.
3 8. Notices or other communications which may be required or provided under
4 the terms of this Agreement shall be given as follows:
5 COUNTY: Director of Harbors, Beaches and Parks
6 Environmental Management Agency
7 P:O. Box 4048
8 Santa Ana, CA 92702-4048
9 CITY: City Administrator
10 City of Huntington Beach
11 2000 Main Street, 4th Floor
12 Huntington Beach, CA 92648
13 All notices shall be deemed effective when in writing and delivered in
14 person or deposited in the United States mail, first class, postage prepaid and
15 addressed as above. Any notices, correspondence reports and/or statements
16 authorized or required by this Agreement addressed in any other fashion shall be
17 deemed not given. COUNTY and CITY may mutually agree in writing to change the
18 addresses to which notices are to be sent.
19 9. This Agreement fully expresses all understanding of the parties and is
20 the total Agreement between the parties as to the subject matter of this Agreement.
21 No addition to, or alteration of the terms of this Agreement, whether written or
22 verbal, by the parties, their officers, agents or employees, shall be valid unless
23 made in .the form of a written amendment to this Agreement and is formally approved
24 and executed by both parties.
25
26
27
28 -4-
Agreement No. D90-234
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
Date: Ll BY: 000Z eo pe"I
6 Chairman of the Board of Supervisors of
Orange County, California
7
8 SIG_,NED 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 r J
12 Clerk of the Board of Supervisors
of Orange County, California
13
14 ATTEST:
16 City Clerk
17
18 REVIEWED AND APPROVED:
19 1
BY:
20 City Administrator 1l
21
22 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
23 ORANGE COUNTY, CALIFORNIA
24
25 Date: G BY:
e -uty g_z(- g6 C i t Attorney��
26
27
28
KS:jc/jnHBP01-83/0242/0082817581799 -t5-
REQUE T FOR CITY.-COUN& ACTION
Date October 1, 1990
Submitted to:
Honorable Mayor and City Council Members A`APPROVED BY'CITY COUNCIL
K
Michael T. Uberuaga, City Administrator Z4 - er, -t�-1c—
Submitted b
Rich Barnard, Deputy City Administrator/ '✓ _Y
Prepared by: ci cLe _,,
Subject:
AGREEMENT BETWEEN THE CITY & THE COUNTY REGARD G
COUNTY FINANCIAL SUPPORT FOR THE HUNTINGTON BEACH
MUNICIPAL PIER
r.
Consistent with Council Policy? [X] Yes . [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments:
Statement of Issue:
Included in Orange County's Harbors, Beaches, and Parks 1990/91 budget is an allocation
of $1,000,000 for the reconstruction of the Huntington Beach Pier. It is necessary for the
City to enter into an agreement with the County to secure these funds.
Recommendation:
Approve the agreement between the City of Huntington Beach and the County of Orange
for $1,000,000 for reconstruction of the Huntington Beach Municipal Pier and authorize
the Mayor and City Clerk to execute the agreement.
Analysis:
Approximately one and a half years ago the City approached the County and requested
that the County consider providing financial support from the Harbors, Beaches, and
Parks' fund for the reconstruction of the Huntington Beach Municipal Pier. The city
request was considered and approved by the Board of Supervisors during the 1990/91
County budget process. In order to receive the 1,000,000 in County funds it is necessary
for the City to enter into the attached agreement. These funds are funds that have been
anticipated for the past year.
Funding Source:
None
Alternatives:
1. Not approve the attached agreement and forgo the County funds.
f
Attachments:
1. Agreement number D90-234, an agreement between the City of Huntington Beach and
the County of Orange.
MTU/RB:paj
4508a
NO 5/85
SMICHAEL M. RUANE
DIRECTOR,.EMA
ROBERT G. FISHER'
4 U NTY O F DIRECTOR OF HARBORS, BEACHES& PARKS .
LOCATION:
2 1 401 CIVIC CENTER DRIVE WEST
5 � RAN CAE 10TH FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
ENVIRONMENTAL MANAGEMENT AGENCY P.O: BOX 4048
HARBORS, BEACHES AND PARKS SANTA ANA, CA 92702 40.48
TELEPHONE:
(714) 568-5100
�DC - a 0 ' SU FAX#568-5111
FILE
Mr. Rich Barnard
Assistant City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Agreement No. D90-234 Pier Funding Assistance Agreement with the
City of Huntington Beach
Dear Rich:
Enclosed for your records is ,a copy of the December 4; 1990 Board of
Supervisors meeting minutes and a certified original agreement. between the
County and-City .of Huntington Beach to provide funding assistance for the
demolition and reconstruction of the Huntington Beach Municipal Pier.
We have received the letter serving as an invoice from your City's accountant,
Arnold Ross, and will forward this invoice onto Financial Services for
processing.
Should you have any further questions regarding this agreement, please give me
a call at 568-4968, or have your assigned staff contact Debbie L. Cavers at
(714). 568-4999.
r
f
Kenneth W: Scattergood, Chief
Program Support and Special Projects
DC:nc 0121715571131
4
CITY OF 1411ON-f �G'"I BEA"
RDMI >lTRTiV�
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES December 4, 1990
AGREEMENT NO. D90-234 WITH THE CITY OF HUNTINGTON BEACH FOR MUNICIPAL
PIER FUNDING ASSISTANCE: Environmental Management Agency requests
approval of an agreement to provide additional funding assistance for
demolition and re-construction of the Huntington Beach Municipal Pier.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board moved to: 1. Authorize execution of Agreement No. D90-234
with the City of Huntington Beach. 2. Direct the Auditor-Controller to
issue warrant from Harbors, Beaches and Parks Accumulative Capital
Outlay Account No. 4061-310-721 to the City of Huntington Beach in an
amount not to exceed- $1,000,000 upon receipt of documentation
substantiating City's award of construction contract for the project.
MOTION UNANIMOUSLY CARRIED.
E.'
EMA