HomeMy WebLinkAbout60-087 RESOLUTION NO. 60-87 AUTHORIZING EXECUTION OF
AGREEMENT NO. 965 WITH CALIFORNIA DEPARTMENT OF
PUBLIC WORKS, DIVISION OF HIGHWAYS FOR IMPROVEMENT
OF FOURTH STREET FROM FOURTH STREET OVERCROSSING
STRUCTURE TO TUSTIN AVENUE
WHEREAS, the State of California, Department of Public Works,
Division of Highways, is planning the construction of the Newport
Freeway, State Highway Route 43, and has offered to agree with the
City to prepare appraisals, acquire right of ways, prepare plans
and specifications and construct the Fourth Street improvement be-
tween the Overcrossing Structure at Fourth Street and Tustin Avenue
at the estimated costs for right of way of $10,880.00 and for
construction of $20,000.00.
NOW, THEREFORE, the City Council of the City of Santa Aha
accepts and approves said agreement in the form submitted by the
State and directs the Mayor to execute the same in behalf of the
city of Santa Ana.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 2nd day of M~y , 1960.
ATTEST:
CLkR~ OF SHE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, MARION SUTTNER,
do hereby certify that I am the Clerk of
the Council of the City of Santa Ana; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting
held on the 2nd day of May .... , 1960, and was at said meeting
regularly passed and adopted by the following vote, to-wit:
AYES,
COUNCILMEN: Royal E. Hubbard, Stanley C. Gould., Jr.,
Dale H. Heinly, Bob Brewer, A. A. H~ull
NOES, COUNCIlmEN: None
ABSENT, COUNCILMEN: None
CLERK OF THE COUNCIL
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VII-ORA-43-SA
Agreement No. 965
~GBEE~ENT
,$ EF
FROM
TO
THIS AGREE~NT, made and entered into as of this
2nd
day of .... r4a~ , · 1R60~
BY AND BETWEEN
CITY OF SANTA ANA,
a ~unicipal Corporation,
hereinafter referred to as
"CITY",
AND
STATE OF CALIFORNIA,
Acting by and through its
Department of Public Works,
Division of Highways,
hereinafter referred to as
1'STATE",
WITNESSETH:
WHEREAS, the State contemplates the construction of
the Newport Freeway, State Highway Route 43 in Orange County on
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new alignment northerly fr~m vlenlty of the ~anta Arm lereeway,
3tare Route 2, to the Riverside Freeway, State Route 175; and
WI~E~Fat~, on January 2~, 1956, the Board of Supervisors
of the County of Orange by resolution declared its intention to
open and improve Fourth Street on the westerly and easterly sides
of the freeway in aecordanee with the Orange County Master Plan
of Highways aa ~oon as same is practicable and the financing
thereof is available$ and
WMEP~EAS, the Galifornia Highway aommission's resolution
dated ~ay 16, 1956, appreved eonneetions to the freeway at Fourth
Street Extension and assigned the division of responsibility
thereto; and
W~S, the Freeway Agreement entered into between
the County and the ~ate dated September 2~, 1958, requires that
an interchange be eonstructed at Fourth Stree~ Extension; and
WP~A3, the City has annexed the westerly portion of
~ourth Street Extension and has accepted the conditions as set
forth by freeway agreement with the County of O~ange; and
WI~S, the 0ity requests She ~tate to pe~fol-m the
construction of Fourth Street Extension and Approaches from the
structure to Tustin Avenue as on plan entitled, Exhibit "A~',
attached hereto and by this referenee made a pars hereof; and
WBEREAS, the City and State will derive a mutual
benefit by the State per£orming the construction work at the
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2. Assume cost of area to be acquired for
freeway purposes, as shown outlined in red on ~chibit "B". Said
cost shall be computed as tile percentage the land area required
for the freeway is of the total land area acquired applied to
the total cost of the parcel including land, improvements and
danmge less salvage obtained from removal of improvements from
parcel but including any cost incurred in demolishing improvement~
and clearing site.
3- Secure Policies of Title Insurance in favor
of State in the amount of $3,000.00 on the parcel to be acquired
as shown outlined in red and green on said Exhibit 'B~.
4. After title to Parcel A18~ vests in State,
State shall convey to City by Director's Deed all right, title
and interest in and to the property acquired on behalf of City.
5. The State agrees to prepare plans and specifi-
cations, construct said street extensions and provide necessary
inspection.
II. In consideration of covenants assumed herein by
State, City agrees:
1. Within sixty days following execution of this
Agreement between the parties hereto~ to deposit with the State
funds in the amount of ~n Thousand Eight Hundred and Eighty
Dollars ($10,880.00) to cover City's estimated share of right of
way costs.
2. Assume actual cost of area required for the
extension of Fourth Street as shown outlined in green on said
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Exhibit "B". Said costs shall be computed as the percentage of
the land area required for the extension of Fourth Street bears
to the total land area acquired applied to the total cost of the
parcel including land, improvemer~ and damages less salvage
obtained from removal of Lmprovements from parcel but including
any costs incurred in demolishing improvements and clearing the
site. In addition to pay that portion of the overhead incurred
by State for the acquisition of that property required by the
City, including but not limited to legal ove~ead, expert witness
fees, and indirect overhead charges, baaed on City's share of the
cost of the right of way to the total cost of right of way.
3. Assume cost of the reconstruction or reloca-
tion of any public utility facilities lying within the area
required for said extension of Fourth Street, plus State engineer-
ing costs pertaining thereto.
4. Assume cost of Policy of Title Insurance in
favor of City, if desired.
5. If, upon completion of right of way acquisi-
tion herein provided for, City's share is found to be larger than
cash amount advanced by City, as provided for herein, City agrees
to forward to State within sixty days following written notice
the difference between cash amount advanced by City and if City's
share of actual cost is less than cash amount advanced to State
by City, the difference shall be returned to City by State.
6. To save the State harmless from any and all
claims for compensation for alleged damages by reason of City's
extension and reconstruction of Fourth Street in the manner pro-
posed.
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7. Agrees to pay the total cost of construction
of the Fourth Street Extension and Approaches as shown on the
plan entitled, Exhibit ~'A". The contract quantities for roadway
and drainage set forth in Preliminary Estimate of Cost attached
hereto and by reference made a part thereof are accepted aa final
The unit costs will be based on contract prices. To the cost of
contract quantities, there shall be added 5 percent contingency
to cover unforeseen changes and 17 percent to cover preliminary
engineering and construction engineering cost. Unforeseen change~
will be submitted to the City for approval before proceeding with
work covered by contract change order~
8. Prior to advertising the State's project and
upon demand of the State, the City will deposit a sum not to
exceed $20,000, to cover estimated construction cost.
9. Upon notification by the State of completion
of the work on Fourth Street, the City will accept control and
maintenance of superstructure of the bridge and street work on
Fourth Street including bridge approaches.
III. It is mutually understood and agreed between the
parties hereto as follows:
1. That the estimated cost of right of way
attached hereto, is a preliminary estimate only and that the
appraised value, actual consideration~ and/or judgment award,
overhead or condemnation costs may be more or less than the amount
as shown attached hereto. It is understood and agreed that the
aforesaid amounts as shown attached are not to be construed as
a limitation on the obligations of City and/or State.
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2. City hereby consents to and approvea of any
settlements made with owners and approved by State for the
acqulaition of property mutually used by both State and City.
3. Within sixty (60) days after completion of
the contract, the State will present the City with a statement
showing She coat of the work determined as outlined under para-
graph II(7) above. If such cost is less than the sum depoaited
by the City, the balance will promptly be returned to the City.
If, however, such costs exceed the sum depoaited by the City,
the City will promptly on receipt of claim therefor pay the
amount of said excess cost to the State.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed by and through their respective
officers thereunto duly authorized as of the day, month and year
in Shim Agreement first above written.
CITY OF SANTA ANA
STATE OF CALIPORNIA,
by and through its
Department of Public Works,
Division of Highways
......
Enginee
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