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HomeMy WebLinkAboutROBERT L. STELLRECHT, JR. - 1986-08-18 REQUEA FOR CS m Y COUN I CTION Date Eehrrrarg K_ 19R9 Submitted to: Honorable Mavor and City Council Submitted by: Paul E. Cook. City Administrator�`.`� (� :��, u Prepared hy: Louis F. Sandoval, Director c f P,-hlir. Wor!-s L2", CO CJL Subject: Release of Agreement between City and Robert L. Sit,TPy��r. 19 � J ct�uc � Cons stent with Council Policy? [X] Yes ( ] New Policy o1 Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: K�{; STATEMENT OF ISSUE: Robert L. Ste. •,cht, jr. developed at 7972 and 7876 Glen,:oe Avenue and because of a drainage pr'jhlery, Nvas allowed to delay the required street improvements as nermited by code. RECGIAMENDATION: Tt is recommended that the City Council r�!case the aaree;nent and letter of credit, which was accepted nn Aiiqust 18, 1986, to insi:ali nprovement at a later date, and instruc the Citv Clerk to notify the (Developer and the Citv Treasurer to notify the b nk of this action. ANALYSIS: Mr. Steltr?cht ha, sold the property ntnd the huvPrs have suhstitudec! cash bonds, with the City, in Glace of the IPtter of credit. All of the documents have bcern approved for tho nm,;unt t;v the Oer.a^anent of Public w Works. r FUNDING SOUR CE: '�1uoe ALTERNATIVE ACTION: Deriv approval. ATTACHMENTS: Sectional District "Aar) Pf C:I_FS:i3PC:dw 0340,/3 NO 5/85 �7 Aft PLANNING y SECTIONAL DISTRICT MAP 23-5-II x CITY OF HUNUNG-PON BEACH A& ORANGE CO .1ITY, CALIFORMA USE OF PROPERTY MAP E D:NGER AVE � m + r DTI .,-...--�._,. - -- --J� ti•__. _,. __--. 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WARNER AVE ' e STATEMENT OF THE ACTION OF THE CITY CCXJN..TL Council Char'ber, City Hall Huntington Beach, Califorr°a Monday, February 6, 1989 Mayor Bannister called the regular City Council meeting of the City of Huntington death to order at 7 p.m. ROLL CALL Present: MacAllister, Green, Wiocnell, Bannister, Mays, Silva, Erskine Absent: None *******#}i,.********************#,^*#********k***#+.i*}k CONSENT CALENDAR - (ITEMS APPROVED) On motion by Erskine, second Silva, Council approved the following items, as recommended, by the following roll cal' vote: AYES: MacAllister, Green, Winchel,, Bannister, Mays, Silva, Erskine NOES: gone ABSENT- None (City Council) RELEASE OF AGREEMENT BETWEEN CITY & ROBERT L. $TELLRECHT JR - APPROVED - 7872 & 7876 GLENCOE AVENUE - Authorized release of agreement between the City and Robert L. Stellrecht Jr. which allowed the delay of required street improvements at 7872 and 7876 Glencoe Avenue due to drainage Groblems; authorized release of letter of credit which was accepted on August 18, 1989 and instructed the City Clerk to notify the developer and the City Treasurer to notify the ban+ of this action. Mayor Bannister adjourned the regular meeting of the City Council and the regular meeting of the Redevelnoment Agency of the City of Huntington Beach to 5:00 p.m., Tuesday, February 21, 1.989, to Room 8-8, Civic Center, ATTEST: Connie Brockway _ s; City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Connie Brockway City Clerk STATE OF CALIFORNIA ) Wes Bannit±.2r County of Orange ) Mayor City of Huntington Beach) I, CONNIE BROCKWAY, the duly ele ted and qualified City Cler;: o the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6tn day of February 1989. WITNESS my hand and sea! of the said Lity of Huntington Beach this the 811h day of February 19a9. Connie Brockway C,ty Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, Califcrnia Monday, February 6, 1989 Mayor Bannister called the regular City Council meeting of the City of Huntington Beach to order at 7 p.m. RaLL CALL Present: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine Absent: None CONSENT CALENDAR — (ITEMS APPROVED) On motion by Erskine, second Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) RELEASE OF AGREEMENT BETWEEN CITY & ROBERT L. STELLRECHT JR — APPROVED — 7872 & 7876 GLENCOE AVENUE — Authorized release of agreement between the City and Robert L. Stellrecht Jr. which allowed the delay of required street improvements at 7872 and 7876 Glencoe Avenue due to drainage problems; authorized release of letter of credit which was accepted on August 18, 1989 and instructed the City Clerk to notify the developer and the City Treasurer to notify the bank of this action. Mayor Bannister adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 5:00 p.m. , Tuesday, February 21 , 1989, to Room B•-8, Civ.c Center. ATTEST: Connie Brockway Citv Clerk and ex—officio Clerk of the City Council of the City ,Nf Huntington Beach, California Connie Brockway City Clerk STATE OF CALIFORNIA ) Wes L_ oister County of Orange ) Mayor City of Huntington Beach) I, CONNIE BROCKWAY, th3 duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6th day of February 1989. WITNESS my hand and seal of the said City of Huntington Beach this the 8th day of February 1989. , Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Depute CITY OF HUNTUNGTONBEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 2, 1986 Robert L. Stellrecht, Jr. 5500 Bolsa Avenue, 7`1100 Huntington Beach, CA 92649 Enclosed is a copy of the Agreement For Acceptance of Deposit in Lieu of Satisfaction of Conditions of Development which was approved by the City Council on August 18, 1986. Alicia M. Wentworth City Clerk E 1W:bt Encla-ure (Telephone•714636.5._"", CITY OF HUNTINGTON ® 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 20, 1986 Robert L. Stellrecht, Jr. 5500 Bolsa 1100 Huntington Beach, CA 92649 Enclosed is a certifica`` of insurance which must be completed and returned to the City before the Agreement b�+theen t:.,n City and Developer for Acceptance of Deposit In Lieu of Satisfaction of Conditions of Development can be executed. We have enclosed an unsigned copy of this agreement, approved by the City Council on A11-1st 18, 1986 which sets forth the insurance requirements. If you have any questions, please call the Department of Public Works - 536-5437. ALICIA M. WENTWORTH, CITY CLERK BY: Connie Brockway, j-puty AMW:CB:bt Enclosure CC: Paul Cook, Dir. Crept. Public Works (Telephone.,714-536-5227) o � ` REQUETr FOR CITY COUNCT ACTION Date August S, 1986 Submitted to: Honorable :Mayor and City Council Submitted by: Charles W. Zhompson, City Administra �t�Y, �9d'` V, Prepared by: Paul E. Cook, Director of Public Works Subject: AGREEMENT BETWEEN CITY AND ROBERT L. STELLRE "ia TR. / t Consistent with Council Policy? [X] Yes [ New Policy or Exceptioia Statement of Issue, Recommendation,Analys ° Funding Source,Alternative Actions,Attachments: IzyS=gy!T'�p STATEMENT OF ISSUE: Robert L. Stellrecht, Jr. is developing at 7872 and 7876 Glencoe Avenue and because of a drainage problem, is unable to install the required street improvements at this time. RECOMMENDATION: It is reoommnded that the City Council accept the Agreement and Letter cf Credit to install improvements at a later date, and to instruct the City Clerk to file the agree- ment and the City Treasurer to file the Letter of Credit with their respective offices. ANALYSIS: Section 9730.14 (Improvements Deferred) of the Huntington Beach Ordinance Code, allows +' for a bond and agreement to be posted where a drainage system would be delayed by the installation of improvements. All of the documents have been approved for the arrount by the Department of Public. Works and as to form by the City Attorney's office. FUNDING SOURCE: None ALTERNATIVE ACTION: Deny approval of agreement. ATTAC M=S: 1. Sectiv_7al District Map 2. Agreement Pa::BPC:ik 1 Pto 5/A5 l f t �D ■ ■ NIIIIINI= ©� � �� was ■■ i/n■/i■u . ■■///■■■n/uu il���lllh ■■ �' • Ion n�/fin/■/. .._ �� _ � 1�/� �1�����1= ff■■ f /ul'iij� . : /■nfn/■f lltllil ��_ � tit �I��H � �p n n///u■ � � � ION . �► �4��� �'. r@ � W s e 10 STATE P.O.BOX 807, SAN FRANCISCO,CALWORNIA 94101 AUG 0 r COMPENSATION INS. & BEPtEFI1S INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE Aujist 4, 15bu POLICYNUMBER CERTIFICATE EXPIRES %/1/0 r City of Huntington 3each r ��4rrr, .�+,-pT,re9 Duliding & Safety Ueparthient ,`r , F.' `': Tpe9 Attention: Gloria 200;, Main Street G J , riuntir:gton i3euch, Callforniu 7 u46 s o Y I This is to certify that we have Issued a valid Workers'Compensation insurance policy in a form apprcved by the California Insurance Commissioner to the employer named below for the policy period Indicated Tilis policy is not subject to cancellation by the Fund except upon teri days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of Insurance may be issued or may pertain, the insurance afforded by the polices described hereir, is subject to all the terms,exclusions and conditions of such policies. RESID-P ENT EMPL')YER t� v: 5'.Li tl �Cil J.: l:YGr d•., z tuite LLJL —i:fL iL:t tV(, ,en:::., .:ai;. ;L nit ',L a L SCIF 30262(REV.8.84) OLD 262A CALIFORNIA WREVOCABLE DOCUMENTARY 1`f FIRST I3AtuK a CREDF (STANDBY) t MJmhe,FDIC liy i� International Operations Center I r. r + P.O.Box 7104,San Francisco.CA 94120-7104 Date of ^` f R P.O.Box 30368,Los Angeles,CA 90030 Issue m June 10 1986 �yl 9 ❑ P.O.Box 7809,Tan'.ul,ing Station, VC----- -----_ -- —._� _ __-— 41` Tamuning,Guam 96911 No. 034—LCS-229,115 I ( — ----- -- -- ! I Applicant BeneficlarY i CITY OF HUNTINGTON BEACH »t ROBERT L. STELLRECHT, JR. Public [larks Dept. �r 5500 Bolsa #100 P. 0. Box 190 Huntington Beach, Ca. 92649 Huntington Beach, California 92648 � ) Advising Bank Ref.No, n- Amount ELEVEN THOUSAND THIRTEEN AND 75/100 i DIRECT U. S. DOLLARS (U.S.$11,013.75) ' Any charges of Advising Bank are for the account of Date and place of expiry ❑Applicant ❑ Beneficiary JULY 9 1987 IN U. S. A. s Partial drawings Credit available with ISSUING BaNK ; RE{] allowed' ❑ not allowed 'If drawings are allowed in installments within given periods and no detailed payment against presentation of the documents drawing is made for an installment within the applicable period,the de herein and of the Beneficiary s draft(s)at sight Iy credit ]shall ❑ shall not be available for subsequent installments drawn on K) California First Bank Los Angeles, Int'1. YI Cl Operations Center 3 tie hereby issue in your favor this Stand—By credit wh`cii is available by payment of your drafts at sight drawn on California First Bank, Los Angeles International Operations Center, bearing this credit number, date of issue and name of issuing bank when accompanied by the following documents: x — Your signed and notarized statement stating that Y�I RoberL L. Stellrecht, Jr. has not made payment for ti labor and/or materials in accordance with the pro— visions of the agreement, regarding completion of public improvements with respect to 7872 and 7876 Glencoe Avenue, Huntington Beach, County of Orange, California. 1� p — Your statement. must indicate specifically such claims of non—payment and the amount of your draft(s) drawn here— under will be used by yat to rectify such claimed non— payment. A phatocopy of relative agreement for which ► non—payment is being claimed must also be included. Partial drawings are permitted, t It is a condition of this letter of credit that it shall be r automatically extended without amendment for 90 days from the present. or any future expiration date tLereof unless 30 days G i prior to any such date we shrill notify the beneficiary in writing t o that we elect not to consider this letter :,f credit renewable for any additional period. Automatic extensions will not be issue beyond six months after completion of public improvements. t y.Pt�itO'+E7 A�S TO FOR)dt, t °a GAIL HUTTON v City Attorney R � k '�vztp 6 � 6I R t ii st�n+• iiy At e Y.R•n wK'oR y,�+ -.. �..:ti. • ... .... ,- a . n .. ... �. .r y_.._ . _._.,..AA+,M,v.s: a..�if v.... �Yw4F•'i .��E•iPh SFuR TR.!• 1<1iC"p FYsn x. t' .w t.-sn� . nY -..-,-._..__.--„_ +a r ...s ovl:.r 4'rok .�.y��r.lwse»^M.1r.is dll'MKY N<+W�".a+,iF JaYbN , rn y We hereby issue this documen ,y credit in the Beneficiarys favor.It t Fi6Sa11RSEMENT MAILING INi7AUCTiON$ is subject to the Uniform Customs and Practice for Documentary 1 z C Credits,19M Revision,ICC Publication No 400,and engages us in Q accordance,with the terms thierbQf,and especially in accipManpe with the terms of Article 10 thl-,reol T number and date of i�c di:and 333 the Warne of our bank r„ust be qu ^ed on all drafts r I d f fhe cre-lit is available with another ba each presentat' m �noted i on the reverse of this advice by th b where the t is available Q ,� AnV15rNr,BANKS NoTiFICATION � �—• ..T.c-- A CALIFORNIA FIRST BANK i S IKEGAMI �.•- Th,%dncun t t^nnimts of d,9nt'd rvige(s) �!w.rw.,w+arsr A.L~M aRW Ah•w.w r`a+Vsn,aM<1*v:f=^ ' Afi1k^Y•Ka « .,.A^R •• •.o .r.• 1 -,.:"uY"am`w.rx Rn a.'n,o..w.�.n�rv�e"�l FOAM z%?;J f91151 - ` AGREEMENT BETWEEN CITY AND DEVELOPER FOR ACCEPTANCE OF DEPOSIT IN LIEU OF SATISFACTION O OND ONS OF DEVELOPMENT WHEREAS, DEVELOPER is required by HBOC §9730.4 to dedicate to CITY a portion of 7872 and 7876 Glencoe Avenue, for public street and sidewalk purposes and to make the required public improvements thereon; and, DEVELOPER desires to dedicate said real property but to delay; for a time, the construction of said improvements; and CITY is empowered by i.ts ordinances to grant to DEVELOPER permission to delay improvement upon certain terms and condition3. NOW THEREFORE, the parties convenant and agree as follows: 1. DEPOSIT DEVELOPER upon execution of this agreement shall deposit with the City Treasurer the sum of �11,013.75, which sum is equal to 150; of CITY' s estimated cost for improvement construction, reflected on Exhibit "A" which is incorporated herein by this reference. The deposit may be in cz.sh, by cashier' s check, or by corporate surety bond. All bonds offered to CITY to be approved by City Attorney. 2. AGREEMENT TO CONSTRUCT IMPROVEMENTS Upon notice in writing from CITY to proceed DEVELOPER will construct all required improvements to the CITY' s speci- fications and to the satisfaction of its inspectors. All work shall be performed within 90 days of the date of t'ie notice to proceed. No wor? shall be deemed complete until formally accepted by CITY. -1- 3. ACCEPTPNCE OF by Zi'ENTS - RETURN OF CASH DEPOSIT If DEVELOPER has nade c, sh deposit with the City Treasurer under Section 1 hereof, upon CITY's acceptance of the improvements the DEVELOPER may demand return of said deposit which shall be returned within 30 days of said demand. g. DEVELOPER BREACH OF COVENANT TO CONSTRUCT In the event that DEVELOPER fails to satisfactorily complete construction of the improvements within ninety days after CITY' s notice to proceed, CITY, at its sole option, may utilize the deposit and complete the construction. Any monies remaining unspent shall be returned to DEVELOPER as provided in Section 3 hereof. 5. PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All improvements will be constructed in accordance with the CITY' s plans, specifications an,9 requiren.ents applicable to similar work usually performed under contract to CITY and which are in effect at the time of their constriction. 6. INSPECTION: CITY shall control work in all public j_b sites and dedicated areas. CITY may inspect the construc- tion of improvements at all reasonable times. CITY will cooperate with DEVELOPER to provide access to CITY-owned utilities and allow all necessary encroachments to public or CITY-owned property; provided, newever, that the entire cost thereof shall be borne by DEVELOPER. 7. WARRANTY: All improvements shall be fully and absolutely warranted by DEVELOPER az:4 to materials and workman- sip for one (1) year after the date of acceptance by CITY. e. GENERAL PUBLIC LIABILITY _NSUR.ANCE: DEVELOPER will, main-Lain in force during the construction period and until CITY's final acceptance of the work, at DEVELOPER' s sole -2- expense, a general public liz" lity policy in which CITY is an additional named insured. Such policy shall insure CITY, its officers and employees, against any and all loss, damage or expense by reason of a.zy suits, claims, demands, judgments and causes of action ari-ing out of or in consequence of DEVELOPER's performance of the agreement. The policy shall provide for not less than the following amounts: Combined single limit bodily injury and/or property damage including p.-oducts liability: $1,000,000 combined single limit per occurrence. Such policy shall provide covs age at least as broad as that provided in the Standard Form .tpproved by the National Board of Casualty Underwriters, Together with such endorse- ments as are required to cover the risks involved , DEVELOPER shall arrange for the policies to be so conditioned as to cover the performance of extra or unforeseen work, should work become necessary. Evidence of such insurance shall be furnished _o CITY on the CITY's form and shall be approved by the City Attorney. Any such policy must contain a provision of written notice to th CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) `ays before each expiration or cancellation is effective. 9. WORKERS' COMPENSATION: DEVELOPER shall comply 1th all of the provisions of the Worker' s Compensation Insurance and Safety Acts of the State of California, and shall indemnify, defend and held harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by DEVELOPER under this agreement, and -3- 4 AML shall provide to CITY evidence of Workers' Compensation Insurance of self-insurance satisfactory to the City Attorney on CITY's form, if required. 10. PUBLIC WARNING AND PROTECTION: DEVELOPER shall at all times until CITY's final acceptance of the works cf improvement give good and adequate warning to the traveling public of each and every dangerous condition within sa.0 streets and highways, and will protect the traveling public i�:om such defective or dangerous conditions. It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said streets and highways not accepted as improved shall be under the exclusive control o DEVELOPER for the purpose of this agreement. With the consent of the City Engineer, DEVELOPER may ciose all or a portion of any street whenever it is necessary to protect the traveling public during the making of the improvements herein agreed to be made. DEVELOPER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer. 11. INDEMNIFICA'"ION-COVENANT TO SAVE AND HOLD HARMLESS: DEVELOPER shall fully indemnify and save and hold harmless CITY, its officers, agents and employees from any and all liability, losses and costs imposed for injury occurring by reason of anything done or omitted to be done by DEVELOPER in performance of this agreement and in construction of the improvemer':s, excepting when such error or omission is solely the fault of the CITY, its officers, agents or employees, and DEVELOPER agrees to enter and defend any suit or action brought or arising oat of its performance of tlis agreement against CITY, its officers, agents or employees. 12. LIABILITY FOR WORK: In addition to the covenants to hold and save harmless and to provide insurance, the parties agree th. t neither CITY nor any officer c.r employee thereof shall be liable or responsible for any accident, loss -4- or damage happening or occurring to the work specified in this agreement prior to the completion and acceptance of the same by CITY, nor shall CITY or anv officer or employee thereof be liable for any person or property injured by reason of the nature of said work, but all of said liabilities shall be assumed Dy DEVELOPER. DEVELOPER further agrees to protect and defend CITY and the officers thereof from all liab .lity or claim because of, or arising out o`, the uce of any patent or unpatented article in the construction of said work. 13. ATTOFNEY'S FEE: In the event suit is brought by CITY to enforce the terms and provisions of this agreement or any bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed by the court, shall be paid by DEVELOPER in CITY' s favor. 14. NOTICES: All notices required or permitted here- under shall be delivered in person or by registered or certi- fied mail to an authorized representati�s of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party, -5- 15. ENTIRETY: The foregoing represents the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereurto duly authorized upon the day, month and year first above written. ROBERT L. STELLRECHT CITY OF HUNTINGTON BEACH DEVELOPER a mun:Icipal corporation of the State of California By (Name of Robert Stellrecht, Jr. By( ame i e II4ITlATED AND APPROVED: APPROVED AS TO FORM: 14&L Director of Public Works City Attorney / REVIEWED & APPROVED ATTEST: Ci dministrator pI�A City Clerk 0872L -6- EXHIBIT "A" (Improvement Costs Breakdown: x 150%) Curb and Gutter 115 L.F. @ $10.00 $1,150.00 Sidewalk 9C0 S.F. @ 2.50 2,250.00 Driveway 280 S.F. @ 3.00 840„00 Asphalt 41 tons @ 40.00 1,640.00 Base 83 tons @ 10.00 830.00 Pavement removal 1,265 S.F. @ .50 632.50 $7,342.50 $7,342.50 x 150% _ $11,013.75 -7-