HomeMy WebLinkAboutCity Council - 5764 RESOLUTION NO. 5764
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH RATIFYING THE
HOELSCHER/GUGGENHEIM REIMBURSEMENT
AGREEMENT
WHEREAS, the Hoelscher/Guggenheim partnership and the city's
traffic engineer heretofore entered into an oral agreement whereby
the Hoelscher/Guggenheim Partnership would perform certain street
improvements for the benefit of the city which improvements were
excess to those which by law could be imposed on said partnership;
and,
WHEREAS, no written agreement has ever been entered into
between the city and the Hoelscher/Guggenheim Partnership and the
city for the performance of the work as aforesaid; and,
WHEREAS, the city has received a benefit in the amount of
Fourteen Thousand Eight Hundred and Forty Seven ($14 ,847 ) dollars
for such work; and,
WHEREAS, the Hoelscher/Guggenheim Partnership undertook to do
such work in good faith and upon reliance that it would be
reimbursed to such work; and,
WHEREAS, the city has accepted the benefit of the work and
city would be unjustly enriched unless said partnership were to be
reimbursed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
1 . That the agreement attached hereto as Exhibit "A" is
expressly ratified as being reimbursement for a just debt of the
city.
1 .
2 . That the Mayor authorized to execute Exhibit "A" on
behalf of the city and the sum of Fourteen Thousand Eight Hundred
and Forty Seven ($14 ,847 ) dollars shall thereafter be paid to
Hoelscher/Guggenheim Partnership out of the funds of the city held
for this purpose in full and complete satisfaction of this
agreement .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th day
of March , 1987.
aDf J-,4
ATTEST: APPROVED AS TO FORM
i y Clerk City Attorney
REVIEWED AND APPROVED: I IATED AN�PRPYED:
Ci y Admini rator Direc or of Public Works
2 .
AGREEMENT FOR MEDIAN IMPROVEMENTS
COST REIMBURSEMENT BY AND BETWEEN
THE HOELSCHER GUGGENHEIM PARTNERSHIP
AND THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and entered into this 16th day
of March , 1987 , by and between the CITY OF HUNTINGTON
BEACH , a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and Hoelscher/Guggenheim, a
California general partnership, hereinafter referred to as
"DEVELOPER. "
Whereas DEVELOPER has agreed that in connection with
Developers Rivermeadows Project the DEVELOPER would provide and
dedicate to city certain off-site street median improvements
hereinafter referred to as "Improvements" and ,
City has agreed to reimburse developer for the cost of such
street improvements upon their satisfactory completion and
dedication to city .
1 . CONSTRUCTION
DEVELOPER will construct Improvements at a total cost of
Fourteen Thousand Eight Hundred and Forty Seven ( $14 ,847 )
dollars . Attached hereto and incorporated by reference as Exhibit
"A" is a map of the area on which Improvements are to be
constructed.
2 . PLANS AND SPECIFICATIONS
All Improvements shall be done and performed in
accordance with the plans, specifications and profiles which have
been approved by and are on file with the Director of Public Works
and shall be completed prior to any reimbursement by the CITY .
1 .
3 . DEDICATION
DEVELOPER will dedicate Improvements to CITY.
4 . PAYMENT
The reimbursement to be made to DEVELOPER under this
agreement is Fourteen Thousand Eight Hundred and Forty Seven
($14 ,847 ) dollars .
5 . ENTIRETY
This agreement contains the entire agreement between the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date and year first above written .
HOELSCHER/GUGGENHEIM CITY OF HUNTINGTON BEACH
OF CALIFORNIA a municipal corporation
a California general
partnership,
Fritz Hoelscher Mayor
Daniel M. Guggenheim
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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REVIEWED AND APPROVED: ICU T`IATED AND APPROVED:
, 1l
City Adminis a or Director of Pu lic Works
0015L
3-5-87
2 .
Res. No. 5764
STATE OF CALIFORNIA )
COUM OF ORANGE ) ss:
CITY OF HtW INOTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of March 19 87 by the following vote:
AYES: Councilmen:
Winchwll , Mays, Finley, Kelly, Erskine, Green,. Bannister
NOES: Councilmen:
Non
ABSENT: Councilmen:
None
1
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California