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February 22, 1989
Los Angeles County
Flood Control District
Post Office Box 2418,
Terminal Annex
Los Angeles , California 90051
In Re: Bicycle Path Agreement
Gentlemen:
This letter will serve as formal notification of the intent of
the City of Seal Beach to terminate any and all participation of
the City of Seal Beach in the agreements for the Bike Path which
extends along the San Gabriel River.
The Agreements and/or Licenses which the City of Seal Beach
hereby terminates are those between itself and:
1 . The County of Los Angeles Road Department which was
authorized by the County of Los Angeles in August 10,
1976 and numbered 28100;
2. The Department of Water and Power of the City of Los
Angeles which is dated November 6, 1975;
3. The City of Long Beach dated April 22, 1976;
4. The Department of Water and Power of the City of Los
Angeles which is dated May 20, 1976;
5. The Department of Water and Power of the City of Los
Angeles which is dated May 17, 1976;
6. The Los Angeles County Flood Control District , approved
by the district on July 8, 1975, and numbered 25706;
7. The Los Angeles County Flood Control District Permit
Numbered 77241—B, issued May 19, 1977.
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In addition, all other Bike Path Agreements are hereby terminated
on which the City is a signatory involving the Bicycle Path along
the San Gabriel River which may not be enumerated herein.
The City of Seal Beach is being held accountable for incidents
that have occurred in other cities as a result of those
agreements and the status of the City of Seal Beach as a
signatory. Since the City of Seal Beach is being wrongfully
included in lawsuits for activities over which the City of Seal
Beach had no control, it no longer wishes to participate in the
Bicycle Path Program along the San Gabriel River.
Unless indicated otherwise, the termination of these Agreements
is effective the date of this letter.
Sincerely,
Robert A. Nelson
City Manager
RAN:pel
cc : County of Los Angeles Road Department
Department of Water and Power — City of Los Angeles
City of Long Beach
/
A G R E E M E N T
"CITY ORIGINAL"
THIS AGREEMENT, rrtOc -nd entered into by and between the CITY
OF SEAL BEACH, a municipal corporate-.., in the County of Orange,
hereinafter referred to as "CITY" and the COUNT" OF LOS ANGELES,
a political subdivision of the State of California, herei..;after
referred to as "COUNTY
W I T N E S S E T H
=7Hi ?TEAS, COUNTY and CITY desire to construct the San Gabriel
River Bikeway undercrossing along the river under the San Diego
Freeway and connector ramps, which work is hereinafter referred to
as "PROJECT "; and
WHEREAS, PROJECT will complete another phase of the public
facility known as the San Gabriel River Bikeway, which will ul-
timately extend from the Santa Fe Dam at the foothills of the San
Gabriel Mountains to the Long Beach Harbor; and
WHEREAS, PROJECT is in the general interest of both the CITY
and COUNTY; and
WHEREAS, COUNTY and CITY deem it advisable to enter into an
agreement to provide for the construction and maintenance of PROJ-
ECT; and
WHEREAS, such a proposal is authorized and provided for by
Section. 1712 of the Streets and Highways Code
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NOW, THEREFORE , in consideration of the mutual benefits to
be derived by both CITY and COUNTY and of the premises herein con-
tained , it is hereby agreed as follows :
( 1 ) CITY AGREES:
a. To prepare plans , specifications , and cost estimates
for PROJECT , all at no cost to COUNTY.
b. To obtain approval from COUNTY of plans prior to con-
struction of PROJECT .
c. To obtain all permits necessary for the construction
of PROJECT , at no cost to COUNTY.
d . To construct PROJECT, or to cause PROJECT to be con-
structed , to do all things necessary and proper to
complete PROJECT, and to act in behalf of COUNTY and
CITY in all negotiations pertaining thereto .
e . To furnish COUNTY, within 60 days after completion of
PROJECT , a final accounting of PROJECT costs , itemiz-
ing actual unit costs and actual quantities for
PROJECT .
f . Upon completion , to maintain, or cause to be main-
tained , the improvements constructed by PROJECT.
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( 2) COUNTY AGREES to deposit $20 , 000 with CITY after com-
mencement of construction and upon demand as the COUNTY ' S
estimated share of PROJECT costs . The actual amount of
COUNTY ' S share of the PROJECT costs shall equal one-half
of the total cost of PROJECT as determined after the
final accounting of costs but shall in no case exceed
$20 ,000 .
( 3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS :
a. PROJECT costs , as referred to in this agreement , shall
consist of the costs of required materials, construc-
tion , construction engineering , administration , and all
other work necessary to construct PROJECT in accordance
with approved plans .
b. If COUNTY ' S share of PROJECT costs , as set forth herein,
is less than the amount deposited with CITY by COUNTY,
CITY shall return the difference to COUNTY.
c . Neither COUNTY nor any officer or employee of COUNTY
shall be responsible for any damage or liability
occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work ,
authority , or jurisdiction delegated to CITY under
this agreement . It is also understood and agreed
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that , pursuant to Government Code Section 895. 4 ,
CITY shall fully indemnify , defend , and hold COUNTY
harmless from any liability imposed for injury ( as
defined by Government Code Section 810 . 8 ) occurring
by reason of anything done or omitted to be done by
CITY under or in connection with any work , authority ,
or jurisdiction delegated to CITY under this agree-
ment .
d. Neither CITY, nor any officer or employee of CITY,
shall be responsible for any damage or liability
occurring by reason of anything done or omitted to
• be done by COUNTY under or in connection with any
work , authority , or jurisdiction delegated to COUNTY
under this agreement . It is also understood and
agreed that , pursuant to Government Code Section
895 . 4 , COUNTY shall fully indemnify , defend , and
hold CITY harmless from any liability imposed for
injury (as defined by Government Code Section 810 . 8 )
occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any
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work , authority, or jurisdiction delegated to COUNTY
under this agreement.
IN WITNESS WHEREOF , the parties hereto have caused this agree-
ment to be executed by their respective officers , duly authorized,
by the CITY OF SEAL BEACH on , 1976 , and by the
COUNTY OF LOS ANGELES on a / , 1976 .
ATTEST: JAMES S . MIZE COUNTY OF LOS ANGELES
EXECUTIVE OFFICER-CLERK OF
THE BOARD OF SUPERVISORS
BY `e3C.. BY •
• DEPUTY C •' , BSA' • 0 :°':".ORS
ATTEST: CITY OF SEAL BEACH
r i
BY BY, i
Cyy Clerk, / Mayor
o4,4OF S4
4' �1 ADOPTED
APPROVED AS TO FORM — `•`' ';
• .-�. . ,I� • $OAQD OF SUPERVISORS
John H . Larson :' ' ��tlllll�A'our IUYNFYOFIOfANGELES
County Couns ■"e •
CAIFORNIP 9 9 AUG 1 0 1976
• PRPNCIPAL DEPUTY ; y d / T;
e t JAMES%MEE
EXECUTIVE EMCEE
I ,.1
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AGREEMENT
THIS AGREEMENT is made and entered into, in duplicate,
as of the Z'n.Q day of • , 1976, pursuant to
minute order adopted by th City Council of the City of Long
Beach, at its meeting held on the 3D( day of
1976, and the 'ty of Seal Beach, at its meeting held on the
day of (/ Cejt_O j , 1976, by and between the
CITY OF LONG BEACH, a municipal corporation, hereinafter re-
ferred to as "LONG BEACH," and the CITY OF SEAL BEACH, a
municipal corporation, hereinafter referred to as "SEAL BEACH."
•
WHEREAS, the extension of the San Gabriel River Bike
Path from Carson Street to the Ocean in the City of Seal Beach
has been budgeted; and
WHEREAS, Seal Beach is interested in that portion of
the San Gabriel River Bike Path south of Seventh Street; and
WHEREAS, Seal Beach has proceeded with the levee
improvements at Seventh Street and College Park Drive; and
{
WHEREAS, Seal Beach desires to proceed with a similar •
improvement at Westminster Avenue and at Pacific Coast. Highway;
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and
WHEREAS, one -half of the Westminster Avenue improve-
ment is situated within the City of Long Beach; and
WHEREAS, Seal Beach is willing to construct the
desired improvements with its own forces or contract for said
construction if Long Beach is willing to pay its proportionate
share of the cost thereof, and Long Beach is willing to do so;
NOW, THEREFORE, in consideration of the mutual terms
and conditions hereinafter set forth, it is agreed as follows:
1. Seal Beach agrees:
(a) Seal Beach shall prepare, or cause to be
prepared, all necessary plans and specifications
required for the undercrossing improvement at West-
minster Avenue, and the ramp connection at Pacific
•
Coast Highway on the San Gabriel River Bike Path
(b) Seal Beach shall submit to Long Beach, for
the written approval of Long Beach, the plans and
specifications prior to the construction of said
improvements or the award of any contract for the
construction of said. improvements. •
(c) Seal Beach shall construct the said im-
provements with its own forces, or shall advertise
for bids for the construction of the said improve-
ments, at its option,and shall administer said contract
during the course of'said improvements.
(d) Prior to commencement of construction by
Seal(Beach, or prior to advertising for bids., which-
ever the case may be, Seal Beach shall submit to Long
Beach an estimate of the cost of construction or submit
to Long Beach the contract bid price for such construction
for the approval of Long Beach.
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2. Long Beach agrees:
(a) To enter into the Los Angeles County Flood
Control District Standard Agreement for use of the
San Gabriel River Basin for a bicycle path.
(b) Upon completion of the work to be per -
formed under this agreement, Long Beach shall reim-
burse Seal Beach for fifty percent (50%) of the final
cost of construction. It is contemplated by the parties :
hereto that the total estimated cost of the Improve-
.
• ments to be constructed is the sum of Sixteen Thousand
Dollars ($16,000)
•
(c) Upon completion_of said project in accordance
with the plans and specifications previously approved by
the City of Long Beach to accept that portion of the
bicycle path lying within the City of Long Beach and there-
after to assume responsibility for the care and maintenance
of that portion of the bike path.
3 Neither Seal Beach nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
Long Beach under or in connection with any work, authority or '
jurisdiction delegated to Long Beach under this agreement. It
is also understood and agreed that Long Beach shall fully
indemnify and hold Seal Beach harmless from any liability
imposed for injury, including death to persons or damage to
property, occurring by reason of anything done or omitted to
be done by Long Beach under or in connection with any work, .
authority or jurisdiction delegated to Long Beach under this
agreement.
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4. Neither Long Beach nor any officer or employee
•
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done
by Seal Beach under or in connection with any work,
or jurisdiction delegated to Seal Beach under this agree
ment. It is also understood and agreed that . Seal Beach shall
fully indemnify and hold Long Beach harmless from.any liability
imposed for injury,'including death to persons or damage to
property,. occurring . by reason of anything done or omitted to •
be done by Seal Beach under or in connection with any work,
authority or jurisdiction delegated to Seal Beach under this
agreement. •
IN WITNESS WHEREOF, the parties•hereto have caused
these presents to be duly executed with all the formalities
required by law on the respective dates set'forth opposite
their signatures.
CITY OF LONG BEACH, a municipal '- ' •
. -- corporation --
APR 221976 ,1976 B, _
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�.� City Manager
LONG BEACH
CITY OF SEAL BEACH, -a municipal •
corporation
th (0-6.-/) o)Z2 .1976 By AS
Mayor
J'
SEAL BEACH
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The foregoing Agreement is hereby . approved as to form,
this APR 1 4.1976
•
LEONARD PUTNAM, City Attorney
• B
Deputy
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