HomeMy WebLinkAboutTHREE CORNERS PARTNERS - 1998-05-04 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: _ � ��.�, �,E,4# �, L L L, ATTENTION:
Name
J-6 IQ &DEPARTMENT:
Street
a �A � ��9 REGARDING:
City,Stale,zip - —
See Attached Action Agenda Item Ero Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement ✓ Bonds Insurance
RCA Deed Other
CC: D/040
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name- Date
GFollowupltransltr
(Telephone: 714-536-5227)
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CITY OF HUNTINGTON BEAC
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MEETING DATE: DEPARTMENT ID NUMBER:
Council/Agency Meeting Held: $-4—9?
Deferred/Continued to:
®App ove ❑ Condit'onally Approved ❑ Denied City Clerk's Hato
-A AXWO
Council Meeting Date: Department ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOReW
ti
PREPARED BY: `DARYL D. SMITH, ACTING DIRECTOR OF PUBLIC WORKS
SUBJECT: REIMBURSEMENT FOR 12-INCH WATER MAIN CONSTRUCTION
Statement of Issue,Funding Source,Recammended Action,Altcthtatice Action(s),Analysis,Enrlrmmnentai Status,Attachment(s)
Statement of Issue: The City Water Division requested that Three Corners Partners
include the construction of a 12-inch water main in Huntington Street between Garfield
Avenue and Main Street as part of their Heritage Communities development (Tract No.
14590). The installation of this water line will not be needed for water service to their
development but will serve for purposes of upgrading the City's current water system. The
City requested that the developer install this new line at this time so that new street
improvements would not have to be disrupted at a later date. The Developer obtained bids
for this proposed work and construction is scheduled to be included concurrently with other
improvements within Huntington Street as part of the Heritage Communities Development.
Funding Source: Funds totaling $135,000 are available in the 1997/98 Budget in the
Water Main Replacement Project (Account EW-PW-943-629-00). Approximately $24,000
may be reimbursed to the City by subsequent development on the east side of Huntington
Street at a future date.
1.S
A a i0 h'Lt
RCAI2DMD.DOC -2- 04/30/98 8:36 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Recommended Action:
Motion to:
1. Approve and-authorize the Mayor and City Cleric to execute the
Reimbursement Agreement with Three Corners Partners (Attachment 1) for
the cost of construction of the 12-in. water main in Huntington St. (between
Garfield Ave. and Main St.) for a cost not to exceed $135,000.
Alternative Actions :
1. Do not execute the Reimbursement Agreement and do not reimburse Three
Corners Partners for this work. The City needs this pipeline to be
constructed. If the work is not completed concurrently with other street
improvements, the cost to the City will be substantially greater.
Analysis: Three Corners Partners is currently developing subdivision Tract #14590,
("Heritage Communities") at Main Street and Garfield Avenue, including surrounding street
improvements on Garfield Avenue and Huntington Street. The City Water Division
requested Three Corners Partners to include the installation of a 12-inch water main in
Huntington Street. This water main is not needed for water serving their tract but is
necessary as an upgrade to the City's current water system. The Water Division requires
the installation of this new 12-inch water line in Huntington Street to deliver water to
residences across from the development at a pressure level that is appropriate to the
service fee currently being paid for by the property owners. It is necessary to construct this
water line at this time to obtain the least cost to the City and minimizing disruption and
impact to the existing community facilities by including this needed construction work with
other construction. The construction of the water main at this time would also eliminate the
need to reconstruct portions of Huntington Street once the present development has
completed their project.
Three Corners Partners obtained a minimum of three bids for this work, which is included in
the construction drawings previously approved by the City. The Water Division is confident
that the developer is awarding the bid to the lowest responsible/responsive bidder. Section
614 of the City Charter, titled Contracts on Public Works states: "Projects for the extension,
replacement or expansion of the transmission or distribution system of any existing public
utility operated by the City or for the purchase of supplies or equipment for any such project
or any such utility may be excepted from the requirements of this section [i.e. public bid
requirements] by the affirmative vote of a majority of the total members of the City Council."
Pursuant to this Charter, Council authorization of this expenditure is requested at this time.
RCAI2DMD.D0C -3- 04/30/98 8:36 AM
RQUEST.FOR COUNCIL ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
It should-be noted that approximately $24,000 may be reimbursed to the City by the future
developer of the parcel at the northeast corner of Garfield Avenue and Huntington Street,
depending on the Conditions of Approval adopted at the time of application.
It is recommended that Three Corners Partners be reimbursed for the actual cost of
construction; up to a not-to-exceed amount of $135,000.
Environmental Status:
Not Applicable
Attachment[s]:
City Clerk's
Page Number
1. Reimbursement Agreement
RCA Author: JRR:DMD:CW extension 1706.
RCAI2DMD.DOC 4- 04/30/98 8:36 AM
• i
REIMBURSEMENT AGREEMENT FOR WATER PIPELINE
CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH
AND THREE CORNERS PARTNERS, L.L.C.
THIS AGREEMENT is made and entered into on this 4= day of may ,
1921L , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter referred to as "CITY", and THREE CORNERS PARTNERS, a California
limited liability corporation, hereinafter referred to as "DEVELOPER."
WHEREAS, DEVELOPER will at its own cost and expense install 720 lineal feet of 12-
inch zone 1 pipeline and appurtenances, hereinafter referred to as "FACILITIES", for the
extension, replacement or expansion of the transmission or distribution system of the existing
public utility pursuant to City Charter section 614; and
FACILITIES will be constructed in conformance with plans and specifications approved by
CITY'S Director of Public Works and will be duly dedicated to CITY, and will consist of 720 lineal
feet of 12-inch zone 1 pipelines, and appurtenances.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained,
the parties hereto agree as follows:
1. CONSTRUCTION
DEVELOPER will construct FACILITIES at a total actual cost of construction not to
exceed One Hundred Thirty Five Thousand Dollars ($135,000).
2. DEDICATION
DEVELOPER will dedicate FACILITIES to CITY upon completion.
3. REIMBURSEMENT
The total reimbursement to be paid DEVELOPER for the FACILITIES is the actual
cost of construction not to exceed One Hundred Thirty Five Thousand Dollars ($135,000).
Said reimbursement shall be made by CITY to DEVELOPER upon certification of
1
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•
CITY'S Director of Public Works to its Finance Director that DEVELOPER is entitled to
reimbursement by reason of acceptance of the facilities and dedication of FACILITIES to the
CITY.
4. ATTORNEY'S FEES
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.
5. ENTIRETY
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 officers the day, month and year first above written.
THREE CORNERS PARTNERS, L.L.C. CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
mAltcr-
California
By:
Mark Jac bs�resident
May r
By:
ark Jacqbs, pecretary ATTEST:
City Clerk
REVIEWED AND APPROVED:
APPROVED AS TO FORM:
CitfAdministrator
I&I� y Attorney
4;
INITIAT D AND APP OVED: I
0
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Director of Public Works
2
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CALIFORNIA ALL-PURPORACKNOWLEDGMENT •
a tl
State of CAI fr&J A_
County of _YiR)!W�7fi
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On . D before me, VA-G L a Y LiC,
Dite tia•ne and Trle a'Ofl•cer,e 5."Jana Doe.No:ay PUG c" y„
personally appeared ZVM9 ,J&0/33
NaMEW of S gner[si
personally known to me — e to be the person' %5
whose name�OQafe subscribed to the within instrument
K and acknowledged to me than/94eAh&� •executed the y'
me I i herkh&authorized capacity,and that by
f 1 signatureSk on the instrument the person(,, ,
or the entity upon behalf of which the person{dvacted.
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C.onvnwon 0 i10B7p executed the instrument.Notory Public—Cautomlo��fO" GO11�' WITNE S my hand and official seal.
(-rmm F.xp'-es Aug)8.20M
S anatire ci',oray PJ,I C
OPTIONAL
Though the information below is not required by law, 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: I&,/1� n
Z
' Document Date: / /✓IJ Number of Pages:
Signer(s) Other Than Named Above: ffldote.. 77%
1/ecGl 9
Capacity(ies) Claimed by Signer(s) �
' Signer's Name: J ?,7S Signer's Name:
IEj Individual Individual
F- Corporate Officer Corporate Officer
Title(s): Title(s):
Partner—I— Limited ❑ General = Partner— Limited - General
Attorney-in-Fact Attorney-in-Fact
- Trustee _ i Trustee _
Guardian or Conservator '-• ' ❑ Guardian or Conservator :I
Other: Pmsident Haft ea Too of lumb he:e ❑ Other: Top of crlurr,b Here
Gommunities—
Managing Member of
Partners,
Signer Is Representing: ""' Signer Is Representing: s
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AQI�F,�.S LLc '
- _ _ - _ _ _ - _ -
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C 1995 Nat oral Nclarr Associal on•8236 Pemr-et Ave. P 0-Box 71 B4•Cagoaa Pam CA 91309.7194 o,ocl No 5907 9eorder:Call To i-Free 1-K0-976-6827
CALIFORNIA ALL-PURPOSACKNOWLEDGM ENT
State of
County of OR 19,4 6 ,
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On '7 _ �' before me, ►lgLjd�Lw�. n oT-Aq 1,dw,6GIL
catJ
�1.�� qq Naamee�and Tit a of Ofter le. ..'Jane Doe.Nctary PLbllc`1
personally appeared /W 6kK \1 ��I�(�61 ,
Nar+e;sa of Signer(s)
r personally known to me— to be the person
whose name e subscribed to the within instrument
and ackn wledged to me th e+reftl7ey executed the
me in( i reffti r authoriz pacityW, and that by ,I'
VALERIE WILLIAAAS hi signaturekkon-the instrument the person*
corrxnksion8 1108729 or the entity upon behalf of which the person acted. �5
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@Ndt°n'f�c—�01�110 � executed the instrument.
Orange county
my Cor=.Expires Aug 18.2tX)0
WITNS my hand and official seal. ,
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Signa. re a Otero Puhlic
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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.
I
Description of Attached Document
Title or Type of Document:
r•�QQ I
Document Date: . I L _ _ Number of Pages: ,
Signer(s) Other Than Named Above: C j/ 1.
Ca acit ies Claimed b Signer(s) I✓11C�G706� ������ ARKS
,. p Y( ) Y
Signer's fame: _ Mi K Jkadj Signer's Name:
Li Individual _ individual I
❑ Corporate Officer - Corporate Officer
Title(s): Title(s):
❑ Partner— Limited General Partner—❑ Limited ❑ General
P. Attorney-in-Fact ❑ Attorney-in-Fact x,
Trustee - Trustee
- Guardian C s r ator - Guardian or Conservator '-
Other: _ lop of thumb here C Other: Top of;numb here
Communities
Managing Member of
Ranters, t.t_C
Signer is Representing: Signer 1s Representing:
0-995 Na'icnal Notary Association•8236 Remmet Ave_?O.Box 7.84•Canoga Park.CA 9 309a184 Proa.hc.5907 Reo-oe-:Cal To.l-Free 1•RCO.876-6827