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Home My WebLink AboutTHE GOEDEN COMPANY - 1982-12-06 REQUEST FOR CITY COUN91k ACTION Fate April 2, 1984 Submitted to: Honorable Mavor and Citv Council Suhmittad by: Charles Thompson, City Administrator GO" � Prepared by: Paul E. Cook, Director of Public Wo Subject: Reimbursement Payment 82-D3 r qt- &S cv- Statement of Issue, Recommendation,Analysis, Funding Source, Aitern ' ctions,Attachme::ts: Statement of Issue: The Goeden Company has monies due undr:r the terms of Reimbursement Agree?rtent 82-D3. Recomme.-dation: Afiont the attached resolution authorizing full payment of $13,817.79 from Drainage District No. 9 funds. Anal sis: In 1982, the Goeden Company constructed vaster plan of`-site storm drain facilities at the int-arsection of Delaware Street and Franklin Avenue. Fees for compensation in accordance with Reimburse-.lent Agreement 82-D3 are now a-:d should be paid. Funding Source: Drainage District No. 9 funds. A' _arnative Acticn: Deny compensation until all master plan facilities are completed. Attachment: Resolution authorizing full payment. PEC:JS:lw d NO Val REIMBURSEMENT AGREEMENT 82-D3 STORM DRAIN CONSTRUCTION THIS AGREEMENT is made and entered into this 6th day of December, 1982, by and betca�en the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and "THE GOEDEN COMPANY" , a California L-rporation, hereinafter referred to as "BUILDER" . RECITALS WHEREAS, BUILDER, pursuant to its agreement with CITY, has at its own cost and expense, constructed offsite storm drain improvements at the intersection of Delaware Street and Franklin Avenue, hereinafter called "FACILITIES" to serve BUILDER':; 3evelopment known, as Use Pr>_rmit 79-27 and adjacent properties, an3 FACILITIES were constructed in conformance with the plans and specifications approved by the Director of Public Works of CITY; and FACILITIES were dedi-ated to CITY; and CITY desires to reimburse BUILDER for a portion of the cost >F the ccnstruction of FACILITIES as provided in Huntington Beach ^;_;,;icipal Code, Section 14. 48.070, and Government Code 966485, et sey. RC:,:kd 1 11 '23l82 = 1 1 Ask r AGREEMENT NOW, THEREFORE, in consideration of the c:ovenantc and agree- ments herein contained, the partlies hereto agree as follows: 1. CONSTRUCTION BUILDER constructed FACILITIES at a total cost- of Fifteen Thousand Three Hundred Fifty-Three Dollars and 10/100 ($15,353. 10) to serve Drainage District No. 9. 2. FACILITIES The FACILITIES constructed were conditioned in conjunction with Use Permit 79-27 and the construction was done and performed in accordance with the plans, specifi:ationp and profiles which have been approved by and are on file with the Director of Public Works and were completed prior to any reimbursement and accepted by the CITY. 3. DEDICATION BUILDER dedicated FACILITIES to CITY. 4. REFUND The maximum refund to be paid to BUILDER under this agreement iG as follows: Total job cost of FACILITIES. . . . . . . . $ 15,353.10 Less ten percent (10%) per code Section 14.48.070(b) . . . . . . . . . $ (1, 535. 31) Maximum refund . . . . . . . . . . . $ i3,817.79 2 _ 1 :.t `,:nds shall be payable for a period of five (5) years from c ?�t .)f Bt:Ii,DER's application and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off-- ; t• constructi,:)n costs. Funds have been expended for Drainage District No. 9 jcc-,r,iance with Government Code Sections 66483 and 66487 only. a e ,,ayable only from a positive balance available in . _-trict ' s fund. _ERTIFICATION TO FINA`CE; DIRECTOR .! (?fund shall be made by CITY co BUILDER until the A Public Works shall certify in writing to the Finance -!-,at Fees have been collected in I-ne drainage area FA,"ILITIES and that the— is a positive balance in said District No. 9 to refund to BUILDER. h. ' RE:VIOUS DEVELOPERS partieq agree that previous develop,l a within the area in the district shall have their clams liaui- r.3t " ri >r to the obligation established by this agreement sc : ` .mds are available within Drainage District No. 9. SE:BSEQUENT DEVELOPERS It a developer who develops property served by FACILI- •(,n,,tructed by BUILDER is required as a condition of 1.)pmt-nt to construct additional facilities, CIT, may allow -a-1 d(_.•eloper credit toward the per acreage fee consistent with and no fees shall be due BUILDER by reas, a of }: construction and credit. 3 8. LIABILITY OF CITY CITY shall not be liable for payment of any refund by re,zison of its failure to collect or receive from any person the servi..-+, fee for connecting into FACILITIES constructed by KC !:.DER. CIT ''s refu-al to allow any connection or connections into FACILITIES constructed by BUILDER shall not make CITY :Liable ;r any refund which might have accrued to BUILDER if such ,onnect ion had been permitted. 9. CONNECTIG:d BY PUBLIC AGENCY CITY retains the right to allow a connection by a li ayency exempted from payment of connection fees and shall iaele to BUILDER for refund because of said connection, 10 COMPLETION OF PROJECTS _ITY shall not be required to make reimbursement to any ,,(-rs,)n urn i t all drainage construction projects in a drainage ej Ly FACILITIES are completed. 11 . ATTORNEY'S FEES CITY shall not be required to pay attorney's fees or rt ?its for any breach of this agreement. — 4 i i _ Orange 1 24th November 82 Gerald F. Goeden Betty Jo Goeden led S u z/t t e R eger (Ws area for official seol} 12. ENTIRETY This agreement contains the entire agreement between she parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement on the date and year first above written. The Goeden Company CITY OF HUNTINGTON BEACH a Cal* ornia cor ration a municipal corporation By t By a _ .�.',��eYar .Mayor ATTEST: APPROVED AS TO FORM: a .ems / ??/.'L•-•c.F,/ ��/ 14- A City Clerk City Attorne�fs�;--- T � " REVIEWED AND APPROVED: IiJ..3�"IATED AND APPROVED: �.-,r'�.�� Y , apt.. "`� ''�-_... ,�•.-F�-�._.-�.�.--• City AdminIsT-ragor Director of Public Works c 5 CITY TIN TBEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 6, 1982 The Goeden Company 17702 Cowan Street Irvine, CA 92714 The City Council of the City of Huntington Beach at its regular meeting held Monday, December 6, 1982, approved Reimbursement Agreement 82--D3 between the City and your firm relative to the construction of off-site drainage facilities in con unction with Use Permit 79-27 - Delaware Street/Franklin Avenue Enclosed is a duly executed copy of said agreement for your records. Alicia M. Wentworth City Clerk. AMW:CB:js Enclosure cc: Judy John, Finance Bill fatapoff, DPW 4 (TOo0hruie 714530,52271 r Rmmm Rsmu Am"T FOR CITY COUNRL ACTION Date November 18, 1982 Submitted to: Honorable Mayor and City Council r --U y Submitted b, C. W. Thompson, City Administra 4�v ",—: I" CIO Prepared by; Paul E. Cook, Director of Public Work ..".. Subjact: Storm Drain Reimbursement Agreement No. A D3 fJ of c Statement of Issue, Recommendation,Analysis, Funding Sauk. ,Alternative Actions,Attachments: STATEMENT OF ISSUE: The Goeden Company has constructed off-site drainage facilities and are seeking approval of Reimbursement Agreement No. 82-D3. RECOMMENDATION: Approve Re-imbursement Aqreement 82-D3 which establishes a maximum possible reimbursement of $13,817.79. ANALYSIS: The Goeden Company constructed off-site drainage improvements in, conjunction with Use Permit 79-27. The work consisted of the elimination of cross gutters at the intersection of Delaware Street and Franklin Drive and construction of underground storm drain facilities which resolved a street flooding problem. They are requesting reimbursement for the cost of eligible facilities in accordance with Sections 14.48.060 and 14.48.070 of the City's Municipal Code. FUNDING SOURCE: Reimbursement will be from Drainage District 9. ATTACHMENT: Reimbursement Agreement CWT:PEC:WAP:jy I I PI0 4/81