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HomeMy WebLinkAboutDONALD L. BREN - DAVID E. CUNNINGHAM - LA CUESTA - 1979-06-04 RESOLUTION NO. 4741 A RESOLUTION OF THE CITi COUNCIL OF THE CITY OF HUNTINGT ON BEACIT AUTHORI"ING FINAL, PAYMENT TO DONALD L. BRE4 COMPANY AND LA CUESTA, AND DAVID E. CUNNINGHAM COMPANY ON AGREEiM.EVT FOR � CONSTRUCTION OF NEWLAND STREET STORM DRAIN BETWEEN YORKTOWN AND GARFIELD AVENUES WHEREAS, the --Its entered into an agreement in 1974 with the Donald L. Bren ,aria! David S. Cun,.ingham Companies for con- struction of a storm drain on Newland Street between Yorktcvti and Garfield Avenues; and The Donald L. Bren Company assigned a ,part of its rights under such agreement with the city zo La CuetL°ta; and Such storm drain has been completed and final payment on the agreement is now in order; and Section 5 of Resolution No. 4479, adopting a budget for fiscal year 1.977-1978 specifJ :s the prcceAure for authorizing expenditurl,�s from special funds; and The Director of Public Works and City Administrator have ecommonded expenditures from a drainage fund, and the C'ty tiQunwil: hereby approves said rr,comme- -ation, NOW, THEREFORE, BE IT RESOLVED by the Ctty Council that reimb ux sument in tha suir, of Fort; Thousand Dollars ($40,000) oe made to ..onald L. Bran Company and La Cuesta as their interests appear, ejad .,eimbursement in the sum -:-f Forty Thousand Dollars ($40,000) be made to David E. Cunningham Company from funds in Drainage District ,7-1, representing .4inal payment for cons.hrtic- tion of the :storm drain in Newland Street be', oeen Yorktown and Gsrfleld Avenues. PASSER AND ADOPTED by tha City Colin.cil of the City of Huntlnr,ron B-z;acti it a regular meeting thereof weld on the/4 WSA:ahb 1.' 3/29/7 �a day o f ,®/{ 19 79 Mayor ATTEST: APPROVED AS TO VORM; City Cl -0-erk torney REVIEWED AND APPROVED: INITIATED AND APPROVED;' C3,t, Administrator Dig;ator o Pax lic Works 2. NIFAMUMAM p. No. 4741 S'WE OF .ALIFOIWIA COUNTY U ORANGE CITY OF HUNfINGTOM BEACH 1, ALICIA M. WENTW©RTH, the du elected qualified City Clerk of the M-y of Huntington Beach., and eA-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Hw tingtor Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Co'sncil at a regular meeting thereof held on the 16th day of April , l9 3 by the following vote: AYES: Councilmen: Pattinson, Mandic, MacAllister, Sai;yay, Yoder' NOES: Councilmen; None ABSENT: Councilmen: Thomas City Clerk and ex-offi.�;',o Clerk of the City .jauncil of the City of Huntington Beach, CaV fornia e _ "each CALIFORNIA 9=40 Box I SO OFFICE OF 'd'H1; CITY CLERK June 5, 1979 }E Evelyn Mc{'•�,idon, City Clerk City of. Fox. ain Valley 10200 Slater A ;=e Fountain Valley, CA 92708 Dear Evel-n, 'The City Courcil of the city of Huntingtion Beach at its regular meeting held Monday, June 4, 19791 approved a supplemental agreement to a reimbursement agreement between the City and Donald Sren Company, David Cunningham Company, and the City of Fountain Valley to allow payment to Bren Company for supervision and overhead fees for the II construction of the Nessland Street Storm Drain. We have enclosed a duly executed agreement for Ypur files. Sincerely, l `F Alicia M. Wentworth City Clerk AM-ck> r Enc. 1 ,:' �eac P.O. BOX CALIFORNIA 92649 ? O.F]FICE OF THE CITY CLERK June S, 1979 Donald L. Bren Company lr 500 Newdort Drive - Suite 200 Nea, rt Beach, CFI 92660 Gentlemen The City council of the City of Huntington Beach at its regular meeting held Monday, June 4, 1979, approved a supplemental agreement to a reimbursement agreement Between the City and Donald Bren Company, David Cunhingham Comp,Any and the City of Folmtain Valley to allow l,ayrser". to Bren Company for supef-vision and overheaB fees for the construction of the Newland Street Storm Drain. We have evicloned a duly executed agreement for your files. Sincerely, Alicia Ix. 14entwortt City Clerk ANW ti enc. ._ ASK � cac P.O. BOX ISO0,14L.IFORMIA 92548 OFFICE OF THE CITY CLERK s June 5, 1979 t rA David E. Cunninghtur. Company 505 N. Tustin - Suite 276 Santa Ana, CA 92705 Gentlemen lite City Council of the City of 11&tington Beach at its regular meeting held Monday, June 4, 1979, approved a supplerental agreement to a reirbursement agreement between the City and Donald Bren Company, David Cunningham Company and the City of Fountain "valley to allow payment to Dren Company for supervision and overhead fees for the construction of the Newland Street Storm Drain. l We have enclosed a duly executed agreement for your tiles. Sincerely, Alicia M. Wentworth City Clerk i AMW:cb enc. l 'I r' REQUEST FOR CITY COUNCIL ACTION Michael Zambory Public Worts E Submitted by Department t; Date Prepared May 14 ` 1979 Backup Material Attached [E Y" �' No Subject :supplemental Agreement to a Reimbursement Agreement with the Bren and Cunningham Companies and the City of Fountain galley l City Administrator's Comments ti Approve as reconme;tded u t { Statement of.. Issue, Recommandadon,Amsilysis, Fundiruj Source,Alternative Actions: Statement cr Issue: The Donald Bren Co. has monies due it under a reimbursement agreement with the City supervision and overhead fee for the construction of., the Newland St. storm (,amain. Apprcval is needed fo3 supple•inentai agreement before Bren can be paid:, { Recommended Action; Approve the attached supplemental agreement with the Donal& L. Bren and David E. Cunningham Companies and the City of Fountain Valley and authorize the Mayor and City Clerk to execute same. Analysis In 197 `thE Bren Co. , the Cunrit riaham Co. , the City of Fountain Valley and the City of Huntington Beach, realizing the need for a storm drain system in Newland Street, agreed to finance these facilities with monies from the 4 parties mentioned above. The Bren Co. put up $160,000, Cunningham $160,000, ° Foutitain Valley $15,000, and ARxtintington Beach. $120,000.03. she Bren Co, contracted for and supervised the installation of the drainage facilities pursuant to the agreement with the City. The City then paid Bren for the installation of the storm dr-In with the monies put up by the four parties. Under the original agreement, the City al :.) agreed o reimburse Bren for construction supervision and overhead, and proata re?mbursement from fees collected from subsequent development. T.h,7? City has no�,F paid Bren for its prora:ta share of reimbureemeni- fees but hat not paid them for supervision and overhead, as called for in the 1:974 agreement. however, that agreement did not mention a specific amount to be paid to Brien by the City. Bren has agreed to accept a payment of $19,382.80 which represents 5% of the construction cost as full and complete payment for supervision and overhead fee due Bren under; the 1974 agreement. Y'ry Fees have been collected from subsequent development and $19,382 80 is now available for payment to Bren. , Funding Source; Payment is to be made froze Drainage District 71 fund. , mz iww;jy P10.3/70 REQUES FOR CITY COUNCIAACTION Submitted by H. E. Hartge ;/�, Public Works y Department _� Date Prepared April 4 11979 Backup Material AtTaened 12 Yes n No Subject Reimbursement Payment for the Construction of Newland Street Storm Drain City Administrator's Comments t1 k + 7�3� 3' CIL ClLT3' COa3N v I to ?gg Approve as recommen Statement of Issue, Recommendation,Analysis, Funding Source,alternative Actions: Statement of Issue: ' The Donald L. Bren Co. , La Cuesta and David E. Cunningham Co. have monies due them pursuant to a reimbursement agreement with the City. Recommended Actions Adopt the attached resolution authorizing final payment to Donald L. Bren Co. , La Cuesta, and David E. Cunningham on reimbursement agreement for the construction of the Newland Street storm drain. Analysis; In 1974, the Bren and Cunningham Companies and the City financed the con- struction c: f the 'Tewl.and. Street storm drain w;.th monies from Bren and Cunningham. +t"he agreement calls for reimbursement by the City to Bren w .nd Cunningham from drainage fees collected from subsequent development. Since the ;;greem\ent was signed, Bren assigned a, part of its righter to reimbursement under the subject agreement to La Cuesta. The refunda",le amount is as follows: Donald L. Bren Company $20,424.00 La Cuesta 19,576.00 David E. Cunningham 40,000 00 $8C 000.00 Fees have been collected and are now availably for payment to all thuee companies Funding Source jPayment is to be made from Drainage District 71 fund. HEn:JWw iy Pi0 3/79 C• �� Alk t, STATEMENT OF THE ACTION !)F THE CITY COUNCIL Council Chamber, City Hall Huntington reach, California April 16, 1979 fi Mayor Pattinson called the regular meeting of the City Council of 'the City of Hunt ington Beach to order at 7:30 P.M. Presents Pattinson Thomas Mandic Yoder Bailey, MacAllister Absent: None ELECTION OF MAYOR DON MacALLISTER A motion was made by Pattinson, second Bailey, to make Councilman MacAllister the Mayor of the City Council. The motion passed by the following vote: AYES: Pattinson, Thomas, Yoder, Bailey, MacAllister NOES: Mandic *'.fl'*tk**�t*7kyt***�t*�r�ralr***•k*,Y�c�l'7F***1•*tl'*•*�FiYk�c**{;*,'4*�*'ktk*k*k*Yl"k*al'*'kFi4***'k**it�e*fir******•k**•kit**it ak CONSENT CALENDAR - (ITEMS APPRLVED) On motion by Pattinson, second Yoder, the following items were approved as reco". Pended y the following roll call vote: AYES: Pattinson, Thom L, Mandic, Yoder, Bailey, MacAllister NOES: None *iris******it****�**$***********iY•kiritlr****+4ic****t****YrtFit**tk*itir***it*it****tk*ak***:k*x*•k�kitk***** AGREEMENT - COUNTY OF ORANGE - IMPROVEMENT OF YORKTOWN AVE - CC - 416 Approved Administrative Agreement for AHFP Project 11931 - improvement of Yorlrtown Avenue between Delaware and Beach and authoriWond execution by the Mayor and City Clerk. AGREEMENTS --COUNTY nF ORANGE K IMPROVEMENT OF SLATER AVE - CC - 434 Approved Administrative Agreements for APFP, Projects #920 & 921 - improvement of Slater Avenue between Goieenwest and Newland and authorize execution by the Mayor and City Clerk. *`k**•k*+4*rF*it****k*k�r**ir*wok*it*****iJ*Yr**it*******•k*#*x•kink*#kitkxft*w*•::K•A•*x**x1•*,i•k*Tir•kx**x**�r** Mayor MacAllister adjourned the regular meeting of the City Council of the i'vy� ar^ HLUnf7ngton Beach at _,_,12:50 AM to at in -- ATTEST: Alicia M. Wentworth � �y Cie" and ex-officio Cier�Tt of the City Council of the City Alicia M. Wentworth of Huntington Beach, California City Clem"` S'x Don MrcAllisterATE OF CALIFORNIA Mayor County of Orange City of Huntington Beach Ic, ALICIA M, WENTWGRTH, the duly elected and qualified City Clerk of the City of Huntington Beach, .Californian do hereb3j certify that the above and foregoing is a true and cot-Oct Statement of Action of the City Council of said City at their regular meeting held on the 16th day of Pri1 , WITNESS my hand and Neal of the said City of Huntington Oeach this the—,�7tsy day of April _ , 1979 Alicia M, Went v ti, city Clerk an exo c oCe-°k Of the City Council of the City F of Huntington Seacn, California aft. BY�.rt 1� eputy b�JTB t -� Alk City- of Huntington each 4{�.��1 P.U. BOX 190 CALIFORNIA 92G 8 ENGINEERING DEPAR.TMEh June 7, 1974 l� 1w Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowland City Administrator Subject: Newland Stx:eet Storm Drain Agreement Gentlemen: Transmitted herewith is a proposed agreement between the City of Huntington Beach, City of Fountain Valley, Donald L. Bren Company and David E. Cunningham Company, relative to the constructs n of a ;storm drain system to be located in Newland Street between Yorktown Avenue and Garfield. Avenue. The storm drain sys,am is required to permit development of the Bren Tract in Huntington Beach and The Cunningham Tract in Fountain Valley.. The high cost os 'this storm drain project ($400,000. 00) precluded it's construction by one idividaal. It was therefore decided to Enter into a four party :agreement to help finance this projewt. The following monies will be provided by the parties under th,s agreement; Donald L. Bren $160r000.00 �� E. Gunnii1gham 160,,000.00 City of Huntington Beach 65,000.00 City of Fountain Valley 15,000.00 Total $400,000-.00 The City of Huntington Beach, presently has on deposit it's portic..i of the money for this agreement which was obtained from the collection of dra.'nage fees from previous development in the area. The City of Fountain Valley has indicated that they will execute this agreement at their regularly scheduled meeting on June 18, 1914« Honorable Mayor and City Council Jane 7, 1974 Page 2 The Exemption Declaration for this project was accepted by the City's Environmental Review Board on May 6, 1974 . It is recommended that the City Council approve the agree- ment and authorize the Mayor and City Clerk to execute the document Very truly yours, i. E., `JHarce ,Director of Ptblic Works HEH:WHH:mc Encl. B