HomeMy WebLinkAboutFIVE POINTS PLAZA, LTD. - 1986-06-02RT'IMBURSEMMgT AGREEMENT 36-D1 FOR STORM DRAT",, CONSTRUCTION
BETWEEN THE CITY OF +3UNTI.NGTON BEACH AND
FIVE POINTS PLAZA, LTD.
THIS AGREEMENT is made and entered into on this
hG�✓
day of19v� by and between the CITY OF
HUNT.INGTON BEACH," a municipal c-,)rporatjc,n of the State of
California, hereinafter, referred to as "CITY," and FIVE POINTS'
j PLAZA, LTD., a limited partnership organized and existing under
I California law, her_einaftex referred to as "BUILDER".
j
WHEREAS, BUIT,DER has at its awn cost and expense installed
storm drain improvements, hereinafter ref —red to as "FAC'�LITIES" ,
for the benefit of: the commercial. development at 18635-18575 Beach
Blvd. and djacent properties; and,
PURSUANT to Chapter 99 of the Huntington Beach Ordinance
Code (HBOC), FACILITIES contain s'upplerental size, opacity or
number for the benecit'of property not within BUILDER's ,commercial
development; and;
FACILITIES have been co»structed in confor.'ance with plans
and specifications approved by CITY's Director of Public Works and
have been duly dedicated to ,CITY, and consist of 484 :Lineal feet
of 3`6•-inch R.C.P. storm drain, 208 lineal feet of 30-inrh R.C.-.
storm drain and 108 lineal feet of 27-inch R.C.T . store, drain, anr'
all of said Facilities are deemed "supplemental" for purposes
hereof ( attached hereto as Exhibit .0 , and by this reference
made a part --areof, is a mar:- depicting FACILITIES and the area
thereby served)a and,
(Fivc Prints Plaza)' 1.
IN accordance with the Subdivision Map Act of the State of
California and HBOC Chapter 99, CITY is required to reimburse
BUILDER for the cost of the supplemental portion of FACILITIES.
NOW, THEREFORE, in consideration of the covenants and
agreements herein contained, the parties hereto agree as follows:
�.. CONSTRUCTION
BUILDF. has constructed FACILITIES at -a total cost of
One -hundred Twenty-nine Thousand, Eighty-nine Dollars and
Ninety-two Cents (t129,089.92),
2. DEDICATIOi3
BUILDER has dedicated FACILITIES to CITY.
3. REIMBURSEMENT
The total reimbursement to be paid BUILDER for the
supplemental portion. of FACILITIES is the sum of One -hundred
Twenty-nine Thousand, Eighty -=-nine Dodd-s and Ninety-two Cents
(t129,089.92), plus legal interest accrued hereunder to the date
of said x:�dbursement
Said reimbursement shall be made by CITY ro BUILDER
upon certificationof CITY's Director of Public Works to its
Finance Dsector that BUILDER is entitled to such:
a. LIABILTmY OF CITY
CITY shall not be liable to BUILDER for payment of any
reimbursement by reason of city's Failure to collect or receive
from any subsequent developer the service hook-up fee for
connecting into FACILITIES.
CITY'S refusal to allow any subsequent' developer to
connect into FACILITIES constructed by BUILDER shall not make CITY
liable to BUILDER for any reimbursement monies which.would "have
accrued to BUILDER if such connection had been permitted.
(Five Points Plaza) 2
5. CONNECTION BY PUBLIC AGENCY
CITY retains the right to allow a connection by "a
public agency exempted from payment of connection Lees and shall
not be liable to BUILDER for reimbursement hereunder because: of
said connection.
6. ATTORNEY'S FEES
In the event suit is brought to enforce the terms and
provisions of this Agreement a reasonable attorney'.s fee, to be
fixed by the court, ,shall be paid by BUILDER in CITY'S`favor.
(NO FURTHER TEXT ON THIS PAGE)
(Five 'Paints `Plaza) 3.
'
S
7. ENTIRETY
This writing contains the
entire Agreement between the
parties hereto.
IN WITNESS WHEREOF, the parties
hereto have caused this
hgreement to be executed by and through
their authorized officers
the day, month and year first above
written.,
5
BUILDE'r2: FI POINTS PLK-ZA,
CITY OF HUNTINGTON BEACH,
a Califo>ni /Ii ted partnership
A municipal corporation
f
of the State of California
t s
.ark �
o er anaic,Jr.
Gener
MAYOR
Lner
Rosalind Jones Sch�in
General Partner
ATTEST:
APPROVED A04 TO FORM:
Alicia Wentworth
Gail Hutton
CITY CLERK
CITY ATTORNEY
REVIL AND APPROVED:
INLTTATED AND APPROVED:
x rles k . Thompson
Paul Cook
City,Administrato.r
Director of Public- Works
(Five points Plaza) 4.
M t�
f ,
ZONAL Dl-STr;-�: MAP 35-5-i���
1 �'•
CITY
OF
HUNTING ON BEACHA&
4)RA.NGE COUVr , CALIFORNIA
USE OF PROPERTY MAPAVE
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REQUE& FOR CITE" COUNC . ACTION
Date June 39 ,1986
Submitted to: Honorable Mayor and City Council
C'd
Submitted by: Charles C-T. Thompson, City Arlministravr�V,
Prepared by: Paul E. Cook, Di -rector of Public Work ";�' ` -1
' Subject: Payment of 86-Dl �e5
Consistent wrth Council Policy? . [ ] YesNew Policy or Ex f �rt Statement of Issue, Recommendation, Analysis, 'Funding Source, Alternativ cti s, Attachments L
Statement of Issue
F;ve Points Plaza, LTD.,_has -compensation due under `' terms of
Reimbursement Agreement 86-D1.
Recommendation:
1. Approve a reimbursement of C129,08S�.92 as recommended by the
Director of Public Works, and
2. Authorize the Director of Finance to transfer that amount from
the fund balance of Drainage District No. 9 into an expenditure
account for disbursement.
Analysis:
On June 2, 1986, the City Council approval Reimbursement Agreement 86-Dl
establishing a maximum reimbursement of $129,089.92 to Five Points
Plaza, LTD-., for construction of an Off -site master planned stcrm
drain facility.
The construction of said facility is now completed, and the Director of
Public Works recommends payment according to the terms of the agreement.
The Director of Finance has certified thrAt sufficient funds are
available in the fund balance of Drainage District No. 9 to allow full
payment to be made;
Funding Source:
Drainage District No. 9 funds.
Alternative Action:
Make reimburs-:ment from General Funds.
Attachments:
1. Resolution Authorizing Full Re:izburseinent
2y'.,� Certification of Director of Finance
C YYl '.PEC-JSidw �% t
PIQ 4184
i
i
T
N O
RESOLUTION N 5681
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT
ON REIMBURSEMENT AGREEMENT NO. 86-D1 FROM
DRAINAGE DISTRICT NO. 9
WHERE'7%S, on June 2, 1986 the city entered into Reimbursement
Aureement No. 86-Di with Five Points Plaza, Ltd., for construction
of a storm drain system located southwest of Main Street and _Ellis
Avenue; and,
Such agreement provided that reimbursement for construction
be made upon completion of such project and certification by the,
Director of Public Works and she Finance Director that sufficient
funds were available from D,,ainage District No. 9; and
The Director of Public» Works and the Finance Director have
recommended an expenditure in the sum of t129,089.92 from Drainage
District No. 9 funds, and the City Council approves such
recommendation,
NOW, THEREFORE, BE IT RESOLVED by the City Council of. the
City of Huntington Beach, pursuant to the conditions contained in
Reimbursement Agreer^ant No. 86-DI and the recommendation of the
,Director of Public Wor'r.s and tn.e Finance Director, that full
payment is authorized to be made to FIVE POINTS PLAZA, from
Drainage District No. 9 funds in the sum of t129,089.q2,
representing ;,eimbu-tsement for construction of a portion of a
storm drain: system located southwest of Bain Strtaet and'FLlis
Aveirue'.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a
regular meeting thereof held on. the 7th d,ay
of Jul;
r. 1986.
rlayor
ATTEST:
APPROVED AS TO FORM:
. fty r
..1 City,< Attor
REV IEW"T' VD APPROVED:
IN4��ATED ANDD^ APPROVED
C,--ty Adm3.nistr
or Director o Public Works
2
Res r 1;0. 5681
( STATE OF CALIFORNIA )
I COUNTY OF OLME g: a
CITY OF IRUNTINGT'ON BEACH
I, ALICIA V. WEYNORTE, 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
membeva of the City Council of the City of'Huritington Beach is seven;
that the Zoregoing 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 th $ay
of, July , :19 81 by the following vote:
AYES Councilmen
Kelly, MacAllister, Finley, Mandic:, Bailey, Green, Thomas
NOES: Councilmen:
Nona
ABSEhr: Councilman:
None
City. Clerk and ex-officio Clerk`
of the 'City Council of the City
of Huntington Beach, California
F
CITY OF �iUN T INGT N BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
June a, 1936
Five Points Plaza
Schurgin Developme,;t Corn.
3425 McLaughlin Avenue- -201
Huntington Beach, CA 90065
The City Council of the City of Huntington Beach at its meeting
of June 2, 1985,'approved Reimbursc.ient Agreement No. 86-D1 for
storm drain construction in connection with your development at
18635 18675 Beach Boulevard, Huntington Beach.
Er,closed is a duly executed copy of said agreement.
Please contact Mr. Bill Patapoff, Department of Public Works for
further information - 536-5431.
ALICIA M. WENTWORTH,CITY CLERK
Connie A. 'Brockway
—�
Deputy City Clerk
AN%'': cb
enc. 1
(Taloplumc 52T/j 714.636
'K�A"71E* FOR CITY COUNC*ACTION
Date May 15, 1986
Submitted to: Honorable Mayor and City Council �, :.- y�;�,!•
Submitted by; Charles W. Thorq:)so 1, City Adminstrato'>}Y`ilr
Prepared by: Paul E. Cook, Director Public corks'£ ..---�'"" "� ......
Subject: R`rDSURSE UN.IL AGREEMENT 86-D1 MR STORM D-.ArN CO ,
FIVE POINTS PLAZA (File 483-141)
Consistent with Council Policy? [y Yes { j-New Policy or Exception
Statement of 'Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMETTT OF ISS M:
Five Points Plaza, Limited, was required.t-- construct off -site master planned drain-
age facilities in conjunction with, their development and are therefore seeking approval
of Rsimbursement Agreement 86-D1.
REMMIENDATION:
.Approve Re miursement Agreement" 86-Dl which establishes a reimbursement of $129,089.92.'
AILYSIS
Five Points Plaza, Limited, constructed an off -site -master planned storm drain system
tj-at serve 'their development and other properties within the drainage .area. The
drainage facilities included 484 lineal feet of 36" pipe, 208 lineal feet of 30" pipe,
' and 108 lineal feet of 27" storm drain pipe. They are eligible for reimbursement for
these facilities in accordance with the City's Municipal Code.
FUNDIM SOURM:
Reimbursemennt will be from Drainage Distract 9
ATTACHMENT:
to bursement .Agreement.,
PEC: WAP : ik
PIP 1/84
1