HomeMy WebLinkAboutCounty of Orange - Agreement for Contribution of Costs - Bea (20)TOPIC
FILE NO.
LEGISLATIVE HISTORY RECORD
DETAIL
♦ f'
fin. .F. � . � t" �"' \ ♦ �
DATE
ACTION OF COUNCIL OR BOARD
MINUTE BOOK
VOLUME
PAGE
z/ 164
E- r>
4Z
FILE NO,
TOPIC
MEW a OF THE BOARD OF LSUPER'�-�'~ R,;,,
V
00 ri
A regular meeting of the Board of Supervisors of Orange County, Califol;11 ;- als04
sitting as the Governing ]3osxd of the Districts governed by the. Board of Supervisors, was
held D*cember % 1964, at 9:30 A.M. The following members being present: Wil...'ain J.
Phillips, Chairman; C. X Featherly, David L. Baker, Wm. HirstUn, Alton E. Allen and the
Clerk.
RES A 3R= sailf, CM OF =XTMTON MACH MMAL
BUCS XMMX CONML PROJ='s MM I
On notim of Supervitar Allsul doily isocondod and unan-
Imusly cIrrledj, t" *udrx" and the CUwk are authorized to sign
the ;,-ivrieement datod Dese3abor I's 19"j, betwom the oounty or OrarW
aAd n the City Ok Mmtlngbon Uaah, pmYt4UW for the City of Huntirt3t.
Ro"h to pay the Cofttr 419tJ00.tip as Mmbursement, for the C-Ity's
shay of the aharelUw contritnAft% aft=cod by the CW=t"
construction f-,f the Y*d*ml '.w4oh Rmalon Omtrol Projoot, Phan& 1,
(ArAh*1w Ur to NewpoOt Saftor) *-
S-TATE OF CALIFORNIA,135
County of Orange
W. M ST JOHN, County Clerk and ex -of icio Clerk ef 11,e L'Oard of Supervisors 0."'.,
"age County, California, hereby, certify the foregoi r, g to- 6e a. full, true c ud corroat cAp,,,,
the minute entry on record fix this office.
IN WITNESS WHEI(EGY, I ha%e hereunto set my band *nd seal lkig lot day of
County uv'k -,j rr-off'iciu Um-': o'. this R0.1-rd of
.Sklpayi=Urk' UF Oravlp� Cml:t"71 Califin-aiR
VTjl -1-i
CITY CLERK' i
S f
1 I AGREEMENT
C(N ny
FOR
2 CONrTRIBUTION TO BEACH EROSION PROJECT
PROJECT COSTS, PHASE I
3
gli This Agreement, made as of the /.sT' day of AtC,6UBL;e ,
5) 1964, between the COUNTY OF ORANGE, a political subdivision of the
6 State of California, hereinafter called the COUNTY, and the CITY OF
7 HUNTINGTON BEACH, a municipal corporation of the State of California,
8 hereinafter called the CITY,
9 W I T N E S S E T H:
101 WHEREAS, the City is the owner of certain ocean frontage lands
11� in Orange County, lying within the hereinafter described."Project"
12 area;
13 WHEREAS, a beach erosion control project extending from Anaheim
14 gay Harbor to Newport Beach Jetty.in Orange County, described in House
z 15 Document No. 602, 87th Congress, hereinafter called the "Project" has
;, ,
;tl 16 been authorized by Congress for federal participation to -the extent of
Zz
00 1?� 67 per cent of its costs;
18 WHEREAS, the State of California, acting through its Department
191 of Water Resources has agreed .to contribute. another 16k per cent of
20 said costs, leaving 16� per cent to be shared among the public and
211 private owners of beach frontage (including the State Division of
22I Beaches and Parks);
23 WHEREAS, the County has advanced for Phase I of the Project the
24 share of the owners of all locally owned public and private beaches,
•25 and has obtained the agreement of both private and public frontage
.26 owners to contribute as follows:
27 Private beach owners: Huntington Pacific Corp. $ 65,000.00
28 Surfside Colony, Ltd. 10,900.00
29 Public beach owners: State Div. of Beaches &.Parks 125,000.00
City of Newport Beach 38600.00-
30 City of Huntington Beach (19:300.09)
Costs .absorbed. by. County 97,200.00
31 . Total (16�% of total est'd costs of
32 Phase 1, viz. $2,159,000.00) $356,000.00
1.
1
l� NOW, THEREFORE, the parties hereto mutually agree as follows-:
2l 1.. In consideration of the premises, and of like promises by
i
3i said other frontage owners, the City agrees to pay to the County
4after receipt of a statement therefor from the County, and within
51 sixty (60) days of.date hereof, the amount of Nineteen Thousand Three
6Hund:.ed Dollars ($19,300.00) which represents the City's maximum
7financial responsibility, under Phase I of the Project.
8I 2. In consideration of*the above, the County agrees to furnish
9 to City an accounting of the expenditures of all funds received for
101 Phase I of the Project, and to refund to the City its pro rata share
111 of any refunds received of monies advanced in excess of actual costs,
12I within thirty (30) days after receipt thereof by the County.
131 .3. The City agrees to allow such entry, upon the frontage lands
14!l owned b it ' b the United States Arm Corps of Engineer or its
Y � Y Y P g _!
zz15 contractor performing work on the project,.as may be reasonably
rJW16 necessary for said project, upon written permits for such entry issued
z�
M017 by the City upon not less than fifteen (15) days'_notice and without
U
181 compensation. However, the City does not relinquish its rights.to
1.9 compensation for any excessive or unreasonable use of said lands, or
20 use made for other purposes; and among others, entry made hereunder
21 without at least fifteen (15) days' notice shall be deemed unreasonable,
22 .4. The County hereby agrees to indemnify and save harmless the
23 City against all liability for property damages, personal injury and
24 loss of life arising from its participation in the project, regardless
25� of where the said loss occurs, and for all liability arising from
26 losses occurring on its properties as the result of work done on the
27 project, by reason of its ownership of said property and its granting
281 of permission to do such work thereon, whether such losses result
29 from the actions of the Corps of Engineers or of any other public
30 agency or agencies or their contractors. The County also agrees to
311 do whatever it can to see to it that the City is*named as additionally
32I insured under any liability insurance policy written pursuant to any
2
t t;
construction contract for said project. This paragraph shall be
severable, and its invalidity, if determined by a court of law, shall
not affect the rest of the Agreement.
IN WITNESS k'HEREOF, the parties hereto have executed this
Agreement as of the date first above written.
CITY OF HUNTINGTON BEACH
ATTEST: 1
Mayor
C ity,_Pl-e`rk-
(SEAL)
ATTEST:
W. E. ST JOHh
County Clerk and ex-officio
Clerk of said Board off
Supervisors
By
rllt'4c�—
Deputy
(SEAL)
ATRUV.?'" FOR Vom
�- /Z ` - --
At
J CITY ATTORNEY
COUNTY OF ORANGE
By
visors
3.
C
er-