The URL can be used to link to this page

Home My WebLink AboutAGMT - Los Alamitos, City of, and Various Others (MOU Roosmoor Wall) { OV/a • k4014 — ,21,4s.m+ -r Alm MEMORANDUM OF UNDERSTANDING, This Memorandum of Understanding (MOU), made and entered into on this 27th day of January, 1997, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," the City of Los Alamitos, a municipal corporation, situated in the County of Orange, hereinafter referred to as "LOS ALAMITOS "; the City of Seal Beach a municipal corporation, hereinafter referred to as °SEAL BEACH "; The Bixby Corporation a'private For - Profit corporation, hereinafter referred to as "BIXBY "; and the Rossmoor Community Services District, formed November 4, .1986 pursuant to Government Code Section 61100 et seq, hereinafter referred to as "DISTRICT." The purpose of this agreement is to reach a common understanding and gain support among the County, Los. Alamitos, Seal Beach, Bixby and the District for transferring the ownership, if any, and jurisdiction of the Rossmoor Signature Wall to the District. RECITALS 1. The Rossmoor Community began as a subdivision in the late _ 1950's in unincorporated territory of the County of Orange, California. 2. The Rossmoor County Maintenance District was formed by Resolution of the Board of Supervisors of the County of Orange on May 22, 1957. This District was dissolved in December, 1973. The Rossmoor County Maintenance District had the powers to maintain 26e10120864001(3080242.1 46106197 walls, shrubbery, trees and other decorative additions within the three described parcels that constituted a landscaped parkway at that time. 3. By Ordinance No. 652 (Annexation No. 8) and 710 (Annexation No. 10), the Seal Beach annexed territory, including the rights -of -way of current Seal Beach and Los Alamitos Boulevards in 1964 and 1967, respectively. 4. In 1979, the Los Alamitos by Ordinance No. 193 annexed territory (Annexation No. 12) that included the right -of -way of Los Alamitos Boulevard. 5. Subsequent to the above - referenced annexations by Los Alamitos and Seal Beach, Seal Beach and Los Alamitos Boulevards were improved to their present width, and the preexisting parkway was replaced with curbs, gutters and sidewalks. 6. By virtue of the annexations referenced above, the Cities of Seal Beach and Los Alamitos acquired jurisdiction over the maintenance and repair of street improvements within the boundaries of the annexed territory. 7. The Rossmoor Community formed County Service Area No. 21 on January 30, 1974. The powers of County Service Area No. 21 were identified as local park maintenance, community center /recreation programs and street sweeping. 8. In January 1987, the Community Service Area No. 21 was dissolved. 9. Neither the County, Seal Beach, Los Alamitos, nor the District acknowledge(d) any legally- binding responsibility for repairing or maintaining the wall. 26s/oImea- 000ir3o8OOaz,1 .o61o6r97 -2- 7. . • 10. The wall'was constructed as part of the original tract improvements in 1959. The tentative tract maps which created . Rossmoor contained conditions requiring construction of the brick wall around the community. A further condition required establishment of the Rossmoor County Maintenance District as a condition of tract approval. 11. The length of the wall is approximately 5,378 linear feet, with approximately 5,103 linear feet within the westerly rights -of -way of Los Alamitos and Seal Beach Boulevards and approximately 275 linear feet along the Bixby Corporation property. 12. In 1995, the County prepared a survey of the wall. The survey results indicate that approximately 4,510 feet of the said wall is within the City limits of Los Alamitos; approximately 593 feet of the wall is within the city limits of Seal Beach; approximately 275 feet of the wall is on or adjacent to Bixby property; and approximately 153 feet of the wall is within County right -of -way adjacent to side streets. . 13. During the summer of 1992, approximately 100 feet of the wall located .southwesterly of the intersection of Seal Beach . Boulevard and. St. Cloud Drive collapsed either during or following an earthquake.. In 1994, approximately 70 feet of the wall located on the westerly side of Los Alamitos Boulevard collapsed. 14. On November 5, 1996, the voters within the District voted to expand the powers of the District to include repair, maintenance, and /or replacement of the wall. 26!/0120B6- 0001/3010242.1 aO6RXr97 —3— • • IT IS AGREED AS FOLLOWS: A. Each party to this MOU shall hold each other party to this MOU harmless from and against any liability for the acts or omissions of any other party to this MOU arising out of or related to performance of the same hereunder B. No party to this agreement shall be liable for the payment of any salaries, wages, or other compensation of any kind to any other party and to any other partied, officers, agents or employees, whether full -time or temporary employee, performing any services arising out of or related to this MOU. C. No party to this agreement shall be liable for compensation, indemnity, contribution, or any sum or amount whatsoever to any other party or to any other party's officers, agents or employee for any death, injury, or illness arising out of or related to this MOU or the performance of the same hereunder. D. Seal Beach, Los Alamitos, the County and Bixby agree to cooperate in good faith with the District to give the District such construction or other easements and rights -of -way and /or entry as may be necessary to enable the District to undertake repair, maintenance, and /or reconstruction of the wall. E. Seal Beach and Los Alamitos both agree to undertake all necessary sidewalk maintenance, repair and construction within their street. rights -of -way. Seal Beach, Los Alamitos, the County and Bixby agree to enter into such Agreements with the District as maybe necessary or desirable to facilitate the maintenance, repair or reconstruction of the wall, and to contribute the cost of repair of sidewalks in their respective jurisdiction, not caused by 268/012086-0001/3080242.1 a06 /06/97 -4- reconstruction o•the wall, if any such Lost or repair is necessary. F. Consideration 1. Each party hereto acknowledges that there are legal theories which, if pursued in court, could result in any party hereto being found to have liability for repair, maintenance, and /or reconstruction of all or part of the wall. The parties hereto acknowledge that to utilize the court system for final answer to the questions in regard to liability for maintenance, repair and reconstruction of the wall would not be beneficial to the process of solving problems cooperatively and could be very costly to the parties 2. The voters within the District have authorized the District to exercise authority over and assume responsibility for the repair, maintenance, and reconstruction of the wall, and further, the voters within the District have imposed upon themselves a tax for the repair, maintenance and reconstruction of the wall, the parties to this MOU agree to convey whatever title they may hold to such land as may be under the wall to the District, and to cooperate in good faith to facilitate any necessary change in boundaries to transfer jurisdiction of the land ' under the wall to the County. Each party hereto also agrees to provide the following consideration to the District as consideration for its willingness to take responsibility for the wall: 2681012086-0001 /3080242.1 106/06/97 - 5- • J O City of Los Alamitos: City staff time as necessary for plan review and traffic safety inspection related to the issuance of no -fee street right-of-way encroachment and use permits to construct and maintain the wall. (b) City of Seal Beach: y City staff time as necessary for plan review and traffic safety inspection related to the issuance of no -fee street right -of -way encroachment and use permits to construct and maintain the wall. (c) County of Orange: The Fiscal Year 1996 -97 Work Program will include in -kind design and construction - management services for reconstruction of the Rossmoor wall provided this Agreement is approved by and as to the parties hereto. (d) Bixby: For good and sufficient consideration, the adequacy of which is hereby acknowledged, Bixby shall transfer good and sufficient title, in fee simple, to the District of the approximately 275 feet of the wall on or adjacent to Bixby property, and provide, as necessary, such permanent right -of -way and /or entry to permit the District access to the wall on or adjacent to the Bixby property. 268/012086- O0015080242.1 s0W06/97 - 6- , it _- III N WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates opposite their respective signatures: APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY OF ORANGE CHIEF ASSISTANT COUNSEL ORANGE COUNTY, CALIFORNIA By: By: Deputy Chairman of the Board Supervisors Date: , 1997 Date: d,:f �1 1997 CITY OF LOS ALAMITOS, a municipal corporation, By: Lr Q Mayor ATTEST: c APPROVED AS TO FORM: 1 ) %ILK) 77//61160-s, y Clerk City At torney Date: U ( //- , 1997 Date: 1997 CITY OF SEAL BEACH, a ricip.1 co •oration, By:\ � A t li. .:, .A _ e ayor ( I 'T: APPROVED AS TO FORM: 6444,0,7 , _,_., L _ _ Ar ,..._ _I O ry Clerk Ci Attorney Date: , 1997 [Signatures Continued on Ne Page] 268/012086_ 0001/3041313.1 a08/07/97 — 7 - ,, 410 III Date: 1997 THE BIXBY CORPORATION, a private For- Profit corporation, By: Date: ■-/�! /` 44T , 1997 ROSSMOOR COMMUNITY SERVICES DISTR eif a -r Ae, A? _, Title: �. -_�.- _- L 26 g/0 1 20E6.0001/3080242.1 06/06/97 -8-