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Home My WebLink AboutMANSION HILL - 1984-06-18Ell t% REIMBURSEMFM AGREEMENT OF 84-Dl STORM DRAIL, CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND MANSION HILL THIS AGREEMENT is made and entered into this day 0- L 1� , 1984, by and between the CITY OF HUNTINGTON BEACH, C/ a municipal corporation of the State of California, hereinafter referred to as "CITY" and MANSION' HILL, a California partnership,- hereinafter referred to as "BUILDER". WHEREAS, BUILDER is required by provision of the Huntington Beach Municipal Code Section 14.48.060 to construct storm drains which are greater in size number, length and capacity than is required for the benefit of Tract 12027 and that such improvements are required to serve property not within Tca.ct 12027, and that BUILDER will incur excess costs therefrom and CITY is required to reimburse BUILDER for such excess cost, incluk.�*.ng interest, from its District 8(g) Drainage Reimbursement Fund for said District 8(g), and CITY and BUIT,DER desire to commit to writ.Lng their agreement to reimburse BUILDER for 4ts excess cost; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, thv 1,arties heret-, agree as ��Alows. 1. BUILDERS EXCESS COST BUILDER has constructec supplementary sized on -site and CITY required oft -site draina,je faciliti�ls (herein as "FACILITIES") at a total cost of cne hundr-3d twenty seven thousand six hundred eighty dollars (t127,680.00) tc, serve Drainage District No. 8G. Attached hereto and incorporated by referenze as Exhibit "A" is a map of the drainage are�,,, served by FACILITIES indicating the location of the on-sitr� and ofi-site improvements. -1- 2. IMPROVEMENTS TO CITY SPECIFICATIONS FACILITIEC; have been construct -ad in zccord.ance with the plans, specifications and profiles which have been approved by CITIES Director of Public Works. 3. DEDICATION BUILDER agrees tc dedicate the FACILITIES to CITY upon filing of the fiiaal map for Tzact 12027 and upon acceptance by CITY. 4. REIMBURSEMENT The reimburse rient to BUILDER under this agreement is one hundred twei,.ty-seven thousand six hundred eighty dollars (t127,680) plus intere5t from the date of this agreement untij. the date of actual date of the reimbursement of the BUILDER at ten percent (10%) per annum. 5. SOURCE OF REIMOURSEMENT Reimbursement shall be made by CITY tc BUILDER from fees collected for Drainage District 8G or from any other legally available sour,.:e. 6. PREVIOUS DEVELOK.RS Tne parties agr,-�o that the obligation establishid by this agreement is sobordinate to any prior existing agre3ment or agreeine-nt heretofore made betwe,--n tho CITY and any other developer or builder entitled to a reimnurse.ment from fees paid to the District aG fund. 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS BUILDER here"by agrees to defend, indemnif,, and hold harmless CITY, ts officers, agents and exployees, f--om ane! against any and all liability, damages, costs, iosses, claims and -2- M expenses, however, caused resulting directly or indirectly from or connected with BUILDER'S performance of thi'l agreement (including, but not limited top such liability, costs, dautage, loss, claim or expense arising from, the death or injury to an agent or employee of BUILDER, or of CITY or of any agent or employee of BUILDER, or ot CITY), except where such liability, damage:., costs, losses, claims or expenses are caused solely by the negligent or wrongful ac'-s of CITY or any of its agents or employees including negligent omissions or commissions of CITY,its agents or employees in connection with the general supervision or direction of the work to be performed hereunder. this indemnity agreement shall be in full force and effect until acceptance of the improvements by CITY. WORKER'S COMPENSATION BUILDER shall comply with all of the provisions of the Worker's Compensation Insurance and Safety Acts of the State of California Government Code and all amendments thereto; and ell similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY fr-am and against all claims, demands, paymentqt su,-ts! actions, proceedincis and judgments of every nature and description, including attorney's fees and costs pre,� ented, brought or ----coverf-d against CITY, for or or, account of any liab,.'lity under any of raid acts which may be incurred by reason of any work to be performed by BUILDER under this agreement. 9. INSURANCE in addition to the Worker's Coutpensation insurance and BUILDLR'S agreemont to indemnify CITY, BUILDER shall furnish to CITY and maintai,,- in force until acceptance of the FACILITIES -3- by CITY a policy of a general liability insurance in which CITY is named as an additional insured. The policy shall insure CITY, its officers and employt�es, while acting within the scope of their duties, against any and all claims for damage to property or injury to persons arising out of or in connection with this agreement. The policy shall provide coverage not iess than the following amounts: Combined single limit bodily iniliry and/or property damage of t300 000 per occurrence. Such policy of insurance shall specifically provide that any other insurance coverage which may be applicable to the los,3 shall be deemed excess coverage and BUILDER'S insurance policies shall be primary. A certificate of all sich insurance policies required by this agreement shall be delivered to the City Attorney prior to the commPncement of any work and s1hall be approvc-d by her in writing. No such insurance shall be cancelled or modified without thirty (30) days' prior written not4--,-,e to CITY. 10. LIABILITY OF CITY CITY shall not be liable for payment of any refund b.v reason of its failure to collect, or receive from any person the service fee for cc�nr�oct ing into FACILITIP�S const--ucted by BUILDER. CITY'S refusal to ailow any connection or cooinections into FACILITIES constructed by BUILD'-'R sbal.' nt.)t make CITY liable for any refund which might have accrued to BUILDER if such connection has been permitted. 11. CONNECTION BY PUBLIC AGENCY CITY retains tne righl. to allow a connection by a p"blic a9eiicy to be exempted fiom 1,,vment of conaection fees and shall not be liable to BUILDER for re'and because of said connection. -4- Attorney -in -fact as-Part,ner-of a Partnershill- STATE OF CALIFORN1A ss MINTY OF On un C- before me the undersigned, a Notary Public ir. and for said State, personally appeared t t- �- an -e77i d e —nc e t-nown to me (or proved to me on the basis satisfactory tc be the person whose name subscribed to the w,-thi- instrument, as the Attornt-y_ in fact of orke of the partners of the partnership th executed the wilhin instrumcnt, and acknowledged to rze that subscribeii the name of thereto as principal ind own-nam—e---- x'0011 T- -P,,�-1-t7',aAs Attorney in fact, and further acknowledged to me that such partncrsl�i p PxecuCed the same FF�CIAL SEAL WITNESS my hand and official seal. NOREEN KLEIN 111984 o STATE Or CALIFORNIA COUNTY or On jes��-e me !tie onderwIned a 14mary t�uhi,c,ri dnd for ��atd S%te, parsonnHy appeaied r E personally knawn to me �cr psoveu to me Or, hio 035,S,'M Silt S faefory be the oorSorj that eXag..V-d the wltft�' instrumen' as ri c� ra pannpn'�' 'MAL UA-1 KLCI�A� 1A OMMAL SFA-� 1ho partnw�;h;p NOREEN KLEIN I NIA ).*:,:j N L'7 AP V P C, C,1Lj.,Lp nov;h'p W.� A*� therein named and acinoW0.1ged tc re that the p3TA exe,�uttd it EXP 1';�j WITNV S, �ny hano andoffaia; ;&o cl; �Ttus area to, cfk-Pai --tarial S �al� Noreen Klein ADDITIONAL CONDITIONS COVERING REIMBURSEMENTS "Conditions Governing Reimbursements" Huntington Lpal Code Section 14.48.070 is incorporated by reference herein as thou,-,, full, set forth at this payt and the provisions thereof shall govern any right to reimbursement by BUILDER under this agreement. 13. 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 writt- I 1-1ANSION HILL, A California Par'.nersh1p, By MANSION PROPERTIES, INC., a California Corporation, a General Partner By G J. QGOD��IN, P ,Fesident By 7'- __Z i>--r e a n Asst. ARP I ,ROVET) AS TO Flj'-'(M- M�_y Attorney CITY OF HUNTINGTON BEACH A murITN.pal cor/or tion X By U. W. C. HUNTINGTON BEACP LTD., a California Limited Partnefsh�p, ajqenei.�al Partner By, ,�, �,LL_ I A. Rottman By Normar Burnam- APPIROVED. Di ATTEST: REVIEWED --:AND APPROVED, City ClerX a -Hy Admini-d-EEr-ator,' 6A Dh y 0 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On this — 6 __ _ day of 3 une .7 1984, before me, the undersigned, a Notary Public in and for said S-att-, personally appeared G. J. Goodwin known to me to be the - Presiclent, and D. A. Floreani known to me to be the -Nssistant Secretary/Treasurer of IJANSION PROPERTIES, INC., the corporation that executed the within instrument and personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument on behalf of said corporation, said corporation being known to me to be a general partner of MANSION HILL, the California general partnership that executed the within instrument and acknowledged to me that said corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors as a General Partner of MANSION HILL, a California general partnership, and acknowledged that slich general partnership executed the sa-ne. WITNF-55 mv hand and official seal. OPFISIAL SEA� S,gnature., M HUMAN ' alitcrW2 O�ANGE C()UNTY 1 2b S4 ------ -------------- Shirley M. Holman i1W M3--3 StIVA B�c�, CA �2648 Name (tvr,�d or printed) (This area reserved for official seal) My commission expires: 11125184 ANNING SECTIONAL DISTRICT MAP 2-6-11 (-jrry ol-,, r -i HUNTING ION 1311JIV-4 A� I t A -\ G EI C () L' AN T Y' . CA 1, J I` () 11 N I A DRAkgpc.E: AReA -SERVE-t) USE 0;7 PR--P['O'Y MAP !E�y F Ac I L. � -r,-e I A 4 F i E Av E Zrl- !AR* tAA-,7ER PL DRAIMAC-P FAO-il-kTy 7 -F-C CF-E ZT r7- 74. CF*-R i t P �4 1 I L j'Z- LJ -A-J� 0?1 AUAMS AVE Vic' SAFECO V,-'d MWI RED C.1 V o! I ti—cls TO Gail Hut -ton, City Attorney co, Ailor—v v 0 N'. 140 CITY OF HUNTINGTON BEACH. CALIFORNIA By H%s,t—ulon B—ch. CA 91649 t.upy to R-tk Ma,.K— --- 4PPM" A MUNICIPAL CORRORATION This is to carlify that the pHtAtoasi of insurance iss daizzibed Wow have boon Issued to the iniiured by the undersigned and &to in force at this time Il the" policitis are cancialled or chanipod in such e manner that will affect tios certificate, the insurance company agrari to give 10 days prior written notice, by mail, to City of Huntingion Beach P. 0. S-ox 711, Huntington Beach, California 92648 ALL ITEMS MUST BE COMPLETED, ANY DELETI[ON OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured MA14 1, 1 ON H I I I � A G rN F RAL PARTN F RSH I P Address of Insurz)d 3030 S - BUNDY DR I VE, LOS ANG EL ES, CA 9006( Location of Work or Operations to be porformod TRACT 120-27 Description of Work of Operations RESIDENTIAL DEVELOPMFNT POLICY DATES LIMITS OF LIABILITY NAME OF CCMPANY Effective Expiration POLICIES IN FORCE POLICY NO. In Thousands (000) (INS.) GENERAL LIABILITY JXJ COMPREHENSIVE FOR AQ s5nn nnn CSL GENERAL INSURANCE Each Occurance IXI PREMISES - OPERATIONS CP806213A 9/j/82 9/7/85 OF AMERICA EXPLOSION AND COLLAPSE HAZARD UNOERGROL'ND HAZARD 1XI PRODUCTS COMPLETED OPERATIONS HAZARD CONTR�CTUAL X INSURANCE IXI BROADFORM PROPERTY DAMAGE 1XI INDEPENDXNT CONTRACTORS IXJ PERSONAL INJURY AUTOMOBILE LIAJ31LITY JXI COMPREHENSIVE FORM CA806213 9/7/83 9/7/84 IXI OWNE-D 500,000 CSL GENERAL INSURANCE JXI HIRED OF AMERICA Each Octurance IXI P40WOWNED EXCESS, L' AR I LITY IX) UMBRELLA FORM TXU1033111 9/7/13 9/7/84 TWIN CITY FIKE INS 5, ')'Oo' no'n - — OTHERTH^N UMBRELLA PORM WORKERS'COMPENSATION WC806213FV io/1/83 10/l/34 2, 000, 000 GENERAL INSURANCE WA OF AMERICA EMPLOYERS' LIABILITY Addidonail Insured Endorsement' The insury "rees thst the City of Huntington B*sch wW �ts City Council, and/or all Chy C*uWi appolMed groups, OOMMITI&M, commits;ons, b-n�xrdj and any other Chy CounJ-1 appointed body, and/or altictivis and appointive officers, smants or employees of tht City of Huntington B"ch, titirl-on sicting as %xh isre addWoM Irtiruneds hereunder, for tis aicts of the Insured, &M such Insurance "I be primary to any Insurisr4s of the Chy of HuntinoonSwich, as "t Imerat rrw, 3ppow. Date JANUARY 19. 19eli JPJI 1� M N% PANY INSURANCE Cc)wAjqy GENERAL !NSoRANCE CO. OF SAI - 3y AMERICA TWIN CITY FIRE INSURA!;CE Co. LYLr Na tiolio �""NiGRAIIH ROAD, P.O. BJX 51,679, Addrom SEE OVER city IT016phons 213/771 -5566 HOL-D HARMLESS AGRILEMENT (to be var-aeutsid k;y;��Lwnitd) The insured to PfOtaict, defend, Indemnify, we, and hcJd harmlsts the Q�y of HuritiT-,'-�)n B"Ch its . E41Z I /J ea, officers, agants, aM omployat" sopirl9t arty II&WIl. �Y' Ion, da.Tlsg*, 001t, Ot AxPartm bY reason of any and all suits, claims, &mands, judgmarits and causai of action cou"d by Insured, hif OmPIOY*",�Pgorrts or any subwntmaor or by any third parry ariting out of or In cons-equence of the perfurmsinot *f &!I or arq omrs,10ja or lictivity ?,-)r wfilch this owdficstv e InsurancA Is furnished, (1) Solit Proprisqonhip (2) PairuvariNp M co.rp"Va" A 00,3 �� I �.� 0 HOLD HARMLESS BIONED: roisrod: (All rwrias "I be " en ad of ty poo D Y I rounid: 6v4ow etch "rwnuz If Corpor"on, TWO Officart must sign, or prowl eyidarr�c4 of authorization to bind Corpors-tion, Co CO CO GENERAL MORANCE C,?MPANY OF AMERICA 17570 BROOK14URST STREET FOUNTAIN VALLEY, CA 92708 TWIN CITY FIRE INSURANCE COMPANY 'FHRU/BACCALA & SHOOP INS. SERVICES 334s WILSHIRE BLVD. 142C71 LOS ANGELES, CA 90010 "Y OF HUNTINGTON BEACH 20W,MAIN 3TREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 20, 1984 Mansion Hill 3030 S. Bundy Drive Los Angeles, CA 90066 ATTN: Joel A. Roffman The City Council of the City of Huntington Beach at its regular meeting held Monday, June 18, 1984 approved Reimbursement agreement 84-Dl for storm drain construction with your firm, Enclosed is a duly executed copy of said agreement together with a copy of the Cert-,ficate of Insurance which you provided. Alicia M. Wentworth City Clerk A14W: eb CC: Judy John, - Finance Bill Patapoff - DPW (Telephone. 714-636-6227! Aft REO"EST FOR CITY COUNCIL ACTION Date June 6, 1-� Submitted to: Honorable Mayor and City Coui�cil Submitted by: Charles W. Thompson, City Administra Prepared by: Paul E. Cook, Director of Pu'-,Iic Work Subject: Reimbursement Agreement 84-Dl for Storm Dra* C struction, Tract 12027 Statement of Issue, Recommendlation, Analysis, Funding Source, Alternative Actiotis, Attachments: r% r STATEMENT OF ISSUE: Mansion Hill is required to construct master planned drainage facilities in conjunction with Tract 12027 (Tentative Tract 11417) and are therefore seeking approval of Reimbursement Agreement 84-Dl. RECOMMENDATION: Approve Reimbursement AgreemenL 84-D! which establishes a reimburse- ment of $127,680.00. ANALYSIS: Mansion Hill constructed a master planned storm drain system that serves Tract 12027, other portions within Tentative Tract 11A17, and other properties witb*-n the drainage area. They are eligible for reimbursement for these facilities in accordance with &.ction 1.4-48.070 of the City's Municipal Code. FUNDING SOURCE: ReimbursEm—en ill be from Drainage District 8G. ATTACHMENT: Reimbursement Agreement CWT:PEC:IIAP:jy P10 4/91 1 --- ?�9 1