HomeMy WebLinkAboutSEABORG CONSTRUCTION - 1985-11-20 i Y
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COUNCL ACTION
- Date ? vembPx 20, 1985
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,i SuL-�nittedto; Rmorable Mayo and City Couroii
Subniittedl,y. Charlesi�f, 'hcctpsari, Cite= 7dr^inistra �
Prepared by, Raul E. Cook, Director of Pub -tc
Subject- Reimburseaent Agroe7ent 82-U'} � �1s�� v
Consistent with Council Policy? fX1 Yes I 1 New Policy or Fxce t'sef"�
Statement of Issue, R<ecomti. :Jat on,Analysis, Fundinn Source,Alternative Actions,Attachmen t-1,
Statement, of Tssue; ,
Covnc 1 attthorization is rimed to reitnourse qeabo--q emstructian undox the terms
of ReimbursezrL:s-it Agree-mmt 82 I.
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1. Mopt the ttt-achee resolixticn authorizing �Wl, reimbursement of $-',3,240.47 to
5eabora Construction.
2. Wthorize tf.N-- transfeL of $93,240.47 fcrcm the fluid balance of Drainage District
No 9 into en e ndit re account for this purpose.
Ana'ys�s:
Sorg Construction, Inc., was required tra con-,truce z:taster plan &airage facilities
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as a ccidit .on a.ttexadent to the developat t; of 1�-*-cel Flaps 79-567 and. 80-560. These
facilities ire fated and accepted by the City in 1985, .and a reinbursement
agream tr was ente:nad into under the Leans of Section. 1.4,48 070 of the City's
Municit�al, (ice.
Since then sufficio..nt funds have been coljocted Fri vabseauent deuelo.rvent to allow
:for the lscharge of this cblictation. ea.17nrq has romt—steel reLnbursavant and. the
DireL of rinance has certiV.;d that adegwite fwO! are available t'lth the Drainage
District fog this put. e_
rundina Sl-caurce:
Drainage District Fo. 9 funds in the amunt: of $92,240.47
Alternatkm,4Gticu
Deny xeirbursommt arc retain the fu...;.s t itil all im',ter ;plan facilities within the
district axe a=-leted
Attach- its ;
�� �ti�tzzn �-z�urs�nent
z tRioat1 of Direct,>r of Finance
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INTER-DEPARTMENT COMMUNICATION �
To PAUL& OOK, Director From ;0 N T. VII-I ELLA
F?ublic'1'�'orKs C epartrn ,I t 3irectaar of Virlar�r.e x
e bl�ct FtA 82�-'0lr, PAYMENT Tel Date OC MBER 29, 1985 I "
MV; .L7PER
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The ptitrposr of this itaemarandum is E;r ve-Ify a positive balanc4 in Drainage iz'zriot No. 9 of
50B,048 as of 10/28,85.
Payam_pnt to the above referenced developer can be made as long as.it does not exceed.above
stag a current balance.
? AN T. VILLELL A
Director.of Finance
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REsmu i I ON NO. 5595
A RESOLU`^ION, OF THE CITY COUNCIL OF THE CITY OF
HtiNTINGTON B:,ACH A'THORIZINr LULL FAYME.NT TO ` 4:
SEABORG CONSTRUCTION, INC. PURSUANT TO RETM-
BJRSEMENT AGREEMENT NO 82-D1 '
WHEREAS, on June 17, 1985 the. city entered into Reimburse-
sent Agreement No. 82-DI with Seaborg Constru,�tion, Inc. for
eon?trur—.ion of a portion of a storm drain system located
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soy chwest of Nichols Street and Slater Avenue; and
Stich agreement provided than. _eimburserent for construction
;nn j ti,fication by
be znao�� u�vci �vw,r._�.,_ such project and car L�
the Director of Public 24or%s and the Finance Director 'tnat
ficient funds were available from. Drainage District, No. 9- and
The Director of Public Works and the Finance Dir, or have
recommended c r_ expenditure in the sum of t93,24Q 47 from Drain
age District No. 9 funds, and 'the;City Council. approver such
ocumme elation"
NOW, THEREFORE, PE IT RsSOLVxD by the City Council of the
City of Huntingtaa Beach, pursuant to the conditions contained
in Re'iribiurseoent Agreement No BZ-'DI, and the recommendation of
the Director of public Works and the Finance Director, that
full payment is authorized to be mode to SBABORG CONSTRUCTION, =`
INC, from Drainage Distract No. 9 funds in the sum of
t93,240.47, reptesenting, reimbursement for construction of e
partion of a storm drain system for*ted southwest of Nichol8
Street and Slater Avenue.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach .at a regular meeting thereof held or.. the 2nd
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day of December 1985. ��•
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Mayor
ATTEST,- APPIIOVED AS TO FORM.: �
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city Clerk Czty Attorney
REVIEWED AND APPROVED. INITIATED AND APPROVED:
lee
�y min sr'tat ___Dis ctt�r cf Pdblic Woi s
ahb, 11/18/85
la34L/385
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Res. No. 5595
STATE OF CA11EORMA ) f
COMM OF OFcAIiGE
t;I 'Y OF Ht1?dT ZYJGTOt BEACH
I, ALaCIA M, WE!M40P.TH, the duly ele�.ted, qualified City
Clerk of the City of jutnting.ton Beach, and ex-of£icio Clerk of the rkr"
_ City: Council of said City, do hereby certify that the Whole number of �«
members of the City Couxrcil of the City of Huntington Beach is seven
that tbt foregoing reeolut'iou wns passed and adopted by the affirmative
vote of more thej x majority off all the members of said City Council
at : regular meting thereof field on :he 2nti any,
of December y 19 i by the folly ing vote; �F
AYES- Councilmen:
Kelly, Mw Allister. Bailey, Mandic, Finley, Green, Viomas
NOES, Councilmen:
None
ABSENT. Councilmen,
City Clerk and ex-offid o Clerk
of the City Council of the City
of 'Huntington Beath, California
6soff
Date June 3, 1985
Submitted to: Honorable Mayor and City Counril
Charles W. 221 on City Administrator
r1PPROV'ED B`_' CITY COUNCE :
Subrnitted by: orTs . /
Prepared by: Paul E. Cook, Director Public Wo ks
FETriB[RS A%E d&,IT 52-D1
Subject:
cr czERt� �`
FGR PARCEL DAPS 79-567 and 80-560
Comistent with Council Policy? (YJ Ye. [ ] New Policy or (Exception
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Statement of Issue, Recommendation,Analysis, Funding Source,Alterrative Actions,Attachments:
STATEMG.NT` OF ISSUE.
Seaborg Construction, incorporated was required to construct waster planned drainage
facilities in cory:unction with Parcel Maps 79-567 and 80-560 and are therefore seekiax�
approval of Reimbursan nt Rgroe-,�P.nt 82-D1.
ttECX1Nd 1r1'TDE�TTCNt
Approve Reinturs nt 82-D1, which establishes a maxi an reimbursement of $93,240.47
ANALYSIS;
Seaborg Const=c on, incorporated constructed a waster-planned storm drain system
that serves. Pax:ce-1 Maps 79-567 and 80-560, and other propartirs within the draimge
area, They are eligible for reimbursement for these facilities in accotdance with
Section 14..48.070 of the City's Minicipal Code.
:E�Tr IM. SOURCE
Reax&ursement will be from Drainage District; 9
AT.`MOPKE T'S's
Rebnbursem-,nt Agrewent
PEC�W:ik
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REIMBURSEMENT AGREE ENT 82-D1
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STORM DRAIN CONSTRUCT10NYW
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THIS AGREEMENT is made and entered into this /,7uay
Of IS185, by and between the CITY r HUNTINGTON BEACH, a
municipal corporation of the S' -a:lifornia, hereinafter
xefer-,td to as "CITY, °" and CONSTRUCTION, INC. , s
California Corporation, h"�reinafter roferred to as "BUILDER, ,,
R E C I T A L S '
WHEREAS, BUILDER, pursuant to Its Agreement with CITY, has
it its own cost and expense, constructed a portipo of a storm
drain system which is a part of the ^ITY's Master Plan of
Droi.na0e locivtel southwest of Nichols Street and Si:1ter Avenue ,
hereinafter called "PACxL.ITIES" to serve SUILMRI-s 'levelopment
kriG tt is Parcel Maps 79 -5h2 and 10-5$(i and adjacent properties,
and FACILITIES ;have been constructed in conformance with the
plans and specifications approved by the Director of Public
works of ciry an4, FACILITIES have been dedicated to CITY; and
CITY now :desires to reimburse 8UILDER for a portion of the cost
of the construction of FACILITIES as provided in Huntington
Beath municipal Cade, Seation 14.48.070,
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AGREEMENT
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NOW THEREFORE, in consideration of th= ccnvenants and
Agreements herein contained, the parties hereto agree as follows:
F
I . CONSTRUCTION
BUILDER has construci:ed FACILITIES at a total cost of �
one hundred seventy--twtx thousand two hundred dollars and
fifty-two cents ($172,200,52) , to serve Drainage District No. : r
9. Attached _`hereto as Exhibit "All and by this reference made a
part hereof is a snap of the drainage area served by FACILITIES.
2. DEDICATION
BUILDER has dedicated FACILITIES; .to CITY,
3. REFUND
The maximum refund to be paid to BUILDER under this
Agreement is as follows.
Total. ,job cost of FACILITIES $172,200.52
Less BUILDER's portion GS 600.00
SUB TOTAL $103,600.52
Less Ten Pereert (10%) (per Code r
§14..48,070 (C)1 10,360.�15
Maximum refund v93,24C.47
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Refunds stall be payable for a period of five (.5) years
from the date of BUILDER's application and shall bear no
ntarest,
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Refunds shall not exceed ninety percent '9G'%) of �
off -site construction costs.
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F'und7 have been expended for Drainage District No.9 in
accordance with Government. Code Sections 66483 and 66487 only .
Refunds are payable only from a positive balance avaAable in
t said, district's fund.
4. CERTIF IC'ATION TO FINANCE DIRECTOR �
. No refund shall b�,� made by -CITY to BUILDER until thra �
Director of Public Work sh7li 'cprti,fy in driting to Finance
Director that ''aos have been coliected in the drainage area
served by FACILITIES znd that there is a positive balanco. in
said Drainage [district No 9 to refund to BUILDER.:
5. PREVIOUS DEVELOPERS
The parties agree that previous developers within the
same drainage area in the district shall have their claims
liquidated prior, to the obligaLion e.;tabl shed by this Agreement
so long as ft,.ids are available within Drainage District No.9 .
64 SUBSEQUENT DEVELOPERS.
If a developer who developers property served by
FACILITIES constructed by BUILDER is required as a condition of
development to construct additional facilities, CITY may allow
said developer credit toward th, oar acreage fee consistent with
this Agraemen't; and no fees shall, be due BUILDER pry reason of
such construction and credit.
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7. LIABILITY OF CITY
r CITY shall _not be liaUle for payment of any refund by
-reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed byh
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BUILDER, 4
CITY's refusal to allow any connection or connections
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Into FACILITIES constructed by 9UILOER shall not mpke CITY
liable for any ;refund which might have accrued to BUILDER if
such connect.�(on had been permitted.
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CONNECTION BY PUB1 lC AGENCY
CITY retains the r ,,got to allow a connection by a r,
public agency exemrtad from oayoent of connection fees and shall
not be liable to BUILDER for refund because of said connection,
9 , COMPLETION OF PROJECTS
CITY shall not be required to make reimbursement to any
person Until aJl drainage construction projects in a drainage
area served by FACILITIES are completed,
10. ATTORNEY'S FEES
CITY shall not. be required t� pay attorney's fees ,or
court costs for any byeach of this, Agreement.
(REST OF PAGE NOT USED
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11. ENTIRETY
The forerong represents the ,entire Agreement between
the parties. e _`
19 WITNESS WhEREOF, the parties hereto have caused this
3 Agreement to be e::ecuted by and through their authorized
officers the day, month} and year first above writtefr,
BUILDER: CITY OF HUNTINGTON BEACH,
SEABOR� STRUCTION, INC. A municipal cGrporation
� $ V a-President Mayor
Exec e Robert Muehleubeck
Asst. Secretary :�)T>,,>gg_t�X
Sp,'ndy Sabella
ATTEST: APPROVED AS TO FOR
Cite torney
REVIEWED AND APPROVED: IN �Ntla j'rf'� �VED
'City Administrator Director o` Public Works
WSA`:'fl r
09551
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SECTIONAL DISTRIC! MAP 26 5 --11
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01UNGEJ COUINT'v, CALIFORNIA t .
(AREA SERVED BY FACILITIES
USE OF PROPERTY MAP
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PROPOSED
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