HomeMy WebLinkAboutOCEAN POINT PARTNERS - 1999-02-16`/ ,$�RRAs�ey- PWU
OtITY OF HUNTINGTON BEA 799 kA I a-6am-P�
MEETING DATE: 02-16-99
DEPARTMENT ID NUMBER: PW98-095
Council/Agency Meeting Held: /
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erred/Continued to:
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Approved ❑ onditionally Approved ❑ Denied
w
,�'=l Pjo Ci�)Ilerk's Signature
Council Meeting Date: 02-16-99
Department ID Number: PW98-095
Krieger S.
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
T
f'
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r-
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: APOE—BERT F. BEARDSLEY, Director of Public Wor sl �
SUBJECT: Approve Reimbursement Agreement (Tract 13625 — Ocean Point
Partners)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Ocean Point Partners is requesting that the City Council approve and execute a
reimbursement agreement associated with Tract 13625.
Funding Source:
Not applicable.
Recommended Action: Motion to:
1. Approve the reimbursement agreement between the City of Huntington Beach and
Ocean Point Partners; and
2. Authorize the Mayor and City Clerk to execute the agreement.
tr 13625 reimbursement agreeme
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02/01/99 11:19 AM
*QUEST FOR COUNCIL ACMN
MEETING DATE: 02-16-99
Alternative Action(s):
Deny the recommended action.
Analysis:
DEPARTMENT ID NUMBER: PW98-095
Ocean Point Partners developed a residental tract in the area approximately bounded by
Palm Street to the north, 20`" Street to the east, Walnut Street to the south and Goldenwest
Street to the west. One of the conditions of approval for the development of the tract was to
construct a storm drain system within Goldenwest Street. The Department of Public Works
has agreed to execute a reimbursement agreement which will allow for reimbursement to
Ocean Point Partners in an amount not to exceed $64,326 from adjacent development,
should development take place within 15 years after the date of this agreement.
Environmental Status:
Not applicable.
Attachment{sl:
1
2
Krieger S.
Reimbursement Agreement
Location Map
tr 13625 reimbursement agreeme -3- 01129/99 2:30 PM
CITY OF HUNTINGTON BELCH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CA L I FOR NIA 92648
LETTER OF TRA>\SMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUN'TI! GTON BEACH
DATE: „lq?R.! I 6 , / � 9 % -- - ---
TO: 'd" i
Name
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City, State, Zip
ATTENTION: �-51eQ%/) C2,12 Z�-4aK-,l
DEPARTMENT: / fPsi'�eYI f
REGARDLI G: leell 'l iurae me/YL
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See Attached Action Agenda Item Z'7 Date of Approva "64
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement
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CC: Sea-k�lS le- ,
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Name Department
Bonds
Insurance
Deed
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RC/ Agreeme
Insurance Ocher
RCA Agrcce<ent
Insurance Other
Name Department RCA Al eemen: Insurance Other
Name Department RCA Ageeme-a Insurance Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
Glollowup/coverltr
(Telephone: 714-536-5227)
•
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
OCEAN POINT PARTNERS
THIS AGREEMENT is made and entered into on this 1&!"'day of rWRu,
19` q , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, hereinafter referred to as "CITY", and OCEAN POINT PARTNERS, a
California general partnership, hereinafter referred to as "BUILDER."
RECITALS
WHEREAS, BUILDER has at its own cost and expense constructed a storm drain
system, hereinafter referred to as "Facilities", in conjunction with the development of certain
real property that is the subject of Tract Map No. 13625, and which is located in the Downtown
Drainage District, hereinafter referred to as "Drainage Area No. 4" of CITY.
Said Facilities consist of 1,329 lineal feet of 48 inch reinforced concrete pipe (RCP),
397 lineal feet of 36 inch RCP, 110 lineal feet of 24 inch RCP, 107 lineal feet of 18 inch RCP,
four junction structures, five catch basins, also engineering survey, mobilization and potholing,
for the benefit of the BUILDER'S development located south of Palm Avenue, east of
Goldenwest Street, west of 22nd Street and north of Walnut Avenue and adjacent properties,
in CITY, attached hereto as Exhibit A.
Said Facilities are drainage facilities that are described in the Master Plan of drainage
facilities plan for Drainage area No. 4, and the cost of said Facilities are therefore payable from
the drainage area fee fund established for said area.
CITY is willing to accept construction of said Facilities by BUILDER in lieu of payment of
the drainage area fee by BUILDER, and to reimburse BUILDER for ninety percent (90%) of the
actual construction costs of said Facilities, or engineer's cost estimate as shown in the Master
jmplk/ocean15/16;96
Plan of drainage facilities; which ever is lower; to the extent such cost exceeds the amount of
the fee BUILDER would otherwise have been required to pay, from Drainage Area No. 4 fees
hereafter collected by CITY.
The final participating construction cost of the subject Facilities is $160,000. The
maximum allowed reimbursement amount is $144,000 or 90% of $160,000. The amount of
the drainage area fee which BUILDER would otherwise have been required to pay is $79,674.
The excess of cost over the amount of the fee is therefore $64,326.
NOW, THEREFORE, in consideration of their mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as
follows:
1. The parties hereby stipulate as to the facts hereinabove recited.
2. From and after completion of the subject Facilities to the satisfaction of the
Director of Public Works and its acceptance by the CITY, and continuing until BUILDER has
received the total sum of $64,326 or until the date 15 years from and after the date of. this
Agreement, whichever first occurs, BUILDER shall receive from CITY, as reimbursement for
the costs incurred by BUILDER for construction of the subject Facilities the following:
0.9542% of all other drainage fees hereafter collected by the CITY from Drainage Area
No. 4 as shown on Exhibit B (said percentage representing the ration of the cost of the
subject Facilities to the total estimated cost of all remaining unbuilt drainage facilities in
Drainage Area No. 4.) Said reimbursement shall be paid once each year, by January
31 for the following year, beginning after all master planned drainage facilities within
Drainage Area No. 4 as denoted in the adopted CITY's Master Plan of Drainage have
been completed.
3. CITY's liability under this Agreement is limited to Drainage Area No. 4 fees
actually collected by CITY. CITY agrees to protect the interest of BUILDER by the collection of
2
jmplk cceanr5116i96
such drainage fees either prior to or concurrent with the approval of any final tract or parcel
maps within Drainage Area No. 4. If a subdivide within Drainage Area No. 4 is required, as a
condition to the approval of a tentative or final tract or parcel map, to construct drainage
facilities within the drainage area, CITY will only allow said subdivide credit towards his
drainage area fees in the amount not -committed under this Agreement. CITY further agrees to
furnish a copy of this Agreement of future subdivides of any properties in Drainage Area No. 4
that apply for drainage fee reimbursement. All future agreements shall be subordinate to this
Agreement.
4 This Agreement shall have no effect upon and shall be subordinate to any
reimbursement commitments in Drainage Area No. 4, made by CITY prior to the execution of
this Agreement.
5. 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.
6. CITY retains the right to allow a connection by a public agency exempted from
payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder
because of said connection.
7. In the event suit is brought to enforce the terms and provisions of this
Agreement, each party shall bear its own attorney's fees; the prevailing party shall not be
entitled to recover its attorney's fees.
jmn-'o:ean'5: l3 915
8. This writing contains the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
OCEAN POIN`MPARTNERS, general CITY OF HUNTINGTON BEACH, A
partnership municipal corporation of the State of
By: UWC-Ocean Pointe L.P., Cal' is
General Partner
By: UWC Development Corporation,
General Partner
Mayor
By:
en her, President
By.
Cind omen Secrete
prim,4me City Clerk
APPROVED AS TO FORM.
REVIEWED AND APPROVED:
Y G City At gr ey 5 f��
City Administ for 44 � ri"77 1 4G
IAT D AND APPVED: & 1) ; - - - J./.. - 19'qq
Director of Public Works
4
jmp--Woceaa15:6/96
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LJ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
LOS ANGELES
ss.
On JANUARY 11, 1999 , before me, CECIL D. UY, NOTARY PUBLIC
Dale Name and Title of Officer [e.g.. 'Jare Doe Notary P6blic'!
personally appeared CINDY J . FROMAN ,
Name(s) of Signer(s)
CECIL D. UY
Commission # 1199344
Notary Public - Coiltomia
Los Angeles County
*comm. E;pires Oct 23,=
Place Notary Sea, Above
,PIT—ersonally known to me
::] proved to me on the basis of satisfactory
evidence
to be the person(f) whose name(, isfare
subscribed to the within instrument and
acknowledged to me that Wlshe/fey executed
the same in >s1herltbetfr authorized
capacity("), and that by bi<herltbelf
signature(s) on the instrument the person(p), or
the entity upon behalf of which the personK
acted, executed the instrument.
WITNESS my han d official seal.
Signalise of Notary Pu:)fc
OPTIONAL
Though the information below is not required by taw it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: REIMBURSEMENT AGREEMENT BETWEEN THE CITY
OF NTINGTON BEACH AND OCEAN POINT PARTNERS
Document Date: Number of Pages: 4
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
C Partner —, Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
WHT THUMBPRINT
OF SIGNER
0 1997 National Notary ASsaC alion • 9350 De Scto Ave. P.O Box 2402 • Chatsworth. CA 91313-2402 Prod. !so_ 5907 Reorder: Call To!I-Free 1-800-876-6827
CALIFORNIA ALL-PURAE ACKNOWLEDGMENT
State of California
County of Los Angeles
On February 2, 1998
Date
before meGynthia M. Jolivette, Notary Public
Name and T.tle of Officer (e_g., "Jane Doe, Notary Public")
personally appeared Stephen Gunther
-
-----------------------------
Names; of &gner(M
'❑ personally known to me
proved to me on the basis of satisfactory evidence
to be the person(#) whose name(:e subscribed to the
within instrument and acknowledged to me th�i
executed the same in(15is#IbM�r authorized capacitAes),
and that bJ jP'6Kf-W signature(IS) on the instrument the
person(§), or the entity upon behalf of which the person)
acted, executed the instrument.
Los AnOetesCounty WITNESS my hand and official s
My Cornrn. F>Pires Mar 25, 2001
/Z
S.gnatire cf ary PubliC
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Reimbursement Agreement Between the City of Hungtington
Title or Type of Document: Beach and Ocean Point Partners
Document Date: 2 / 2 / 98
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Fj Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator -
❑ Other: 1Top of thumt] here
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
Corporate Officer
Title(s):
El Partner --- i , Limited ❑ General
r' Attorney -in -Fact
Trustee _
Guardian or Conservator ` .
r' Other: ITop of thumb here
Signer Is Representing:
0 1996 Nationa Notary Assoc atior - 8236 Refnme-. Ave., P.O- Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Ca I Toll -Free 1-800-876-6827
ATTACHMENT 2
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TR 13625.
NEW S.D.
DRAINAGE
AREA
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a� OLIVEWALNUT
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EXIST. S.D.
,EXHiBiT A
LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
:,13625
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ATTACHMENT 1
RCATZOUTING ?HEET
INITIATING
DEPARTMENT:
Department of Public Works
SUBJECT:
Reimbursement Agreement with Ocean Point Parners
COUNCIL MEETING DATE: i
February 16, 1999
RCAATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Aftomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATIONTOR MISSING -ATTACHMENTS
REVIEWED
RETURNED
FOR
ED
Administrative Staff
( }
( )
Assistant City Administrator (Initial)
( )
( )
City Administrator (Initial)
( )
( )
City Clerk
( )
EXPLANATION FOR°RETURN OF]TEM: