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HomeMy WebLinkAboutCharles Hermansen - Reimbursement Agreement 76-W1 - Water Ma l LEGISLATIVE HISTORY RECORD FILE NO. DETAIL �II,���/ GS �Ei2M�NSEN M 1r DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE TOPIC I f�1 I I I I IIDI ( I I I I I I Izlol I I I I I I 1131Df I I I I I I I I�101 I I I�I I�I 115i01 1I I I I I I I I61o1 I I I I I I I I�Io1 11 1 I_I l l f TYPIST PLEASE NOTE—THIS-SCALE CORRESPONDS T0:TYPEWRITER (PICA) SCALE—SET PAPER GUIDES SO THAT CARD SCALE WILL REGISTER WITH MACHINE SCALE WHEN CARD IS TURNED INTO WRITING POSITION. START INDEX THREE(3)POINTS FROM LEFT EDGE OF CARD, USE OTHER POINTS OF SCALE FOR OTHER DIVISIONS OF VISIBLE TITLE.SET TABULATORS TO INSURE PERFECT ALIGNMENT OF EACH DIVISION OF INFORMATION. FOLD BACK OR REMOVE STUB AFTER TYPING. USE NEW TYPEWRITER RIBBON. REMINGTON RAND —20 DIVISION OF SPERRY RAND CORPORATION wnc.15161 -�® City of Huntingtoneach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT March 17, 1976 Honorable Mayor and City Council City of Huntington Beach Attention: David D- Rowlands City Administrator Subject: Reimbursement Agreement 76-Wl Charles Hermansen Dear Council Members: Transmitted herewith is a reimbursement agreement between the City of Huntington Beach and Charles Hermansen for an off- site water main built in Memphis Avenue from 133' east of Delaware Street to England Street at Hermansen' s .expense. Fees have been received from subsequent development in the area to refund the $1798. 50 to Charles Hermansen. I recommend that your Honorable Body execute the agreement. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. City of Huntington Beach (�+�7 P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT March 9, ,1976 Charles. Hermansen- 700 Fifth Street Huntington Beach, California 92648 Dear Mr. Hermansen; Enclosed is a reimbursement agreement between Charles. Hermansen and City of Huntington Beach for water: facilities build in Memphis Avenue from 1331i east of Delaware to. England Street.. Please sign the agreement and return it to this office for transmittal to the City Council for their approval. If you have any questions on this matter, please contact John Whipple at 5361-5431. Very truly yours, . g Director of Public Works HEH-JWW:mc Encl. RECEWE DEPT. OF' PUBLIC WORKS 17 1976 HUNTING'T'ON GEACH., CALIF. March 9, 1976 Charles Hermansen 700 fifth Street Huntington Beach, California 92648 Dear tor. Hermansen: Enclosed is a reimbursement agreement between Charles Hermansen and City of Huntington Beach for water facilities build in Memphis Avenue from 133' east of Delaware to England Street. Please sign the agreement and return it to this office for transmittal to the City Council for their approval. If you have any questions on this matter, please contact John Whipple at 536-5431. Very truly yours, H. E. Hartge Director of Public Forks HEFT:J&M:me Encl. JA City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 ENGINEERING DEPARTMENT March 9, .1976 Charles Hermansen 700 Fifth Street Huntington Beach, California 92648 Dear Mr. Hermansen: Enclosed is a reimbursement agreement between Charles Hermansen and City of Huntington Beach for water facilities build in Memphis Avenue from 1331• east of Delaware to England Street. Please sign the agreement and return it to this office for transmittal to the City Council for their approval. If you have any questions on this matter, please contact John Whipple at 536-5431. Very truly yours, H. E. Hartge Director of Public Works .HEH-.JWW:mc Encl. dW REIMBURSEMENT AGREEMENT 76-Wl OFFSITE WATER MAIN EXTENSION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City" , and Charles Hermansen, hereinafter for convenience referred to as "Builder" . WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed 173 lineal feet of 8" A.C. water main and 8" tee, •hereinafter referred to as facilities, and said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, and City desires to reimburse- Builder for a portion of the cost of the construction of said- facili- ties as provided by the Municipal. Code, NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $1965. 00 a water main and appurtenances to serve north side of Memphis Street from 133' east of Delaware Street to centerline of England Street. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) :and has dedicated said facilities to City.. The refund to be paid to. Builder under this agreement is as follows: Total job cost of facilities $ 1,965. 00 Less: 10% per Huntington Beach Municipal Code, Section 14 .20. 060 (C) $ 196.50 Net Refundable $ -1,768 . 50 Refunds shall be payable for a period of five (5) years only from the date of applicant' s application for main line extension. Refunds shall .bear no interest. ' No refund shall be made by City to Builder until the Director of Public Works shall certify in writing to . the Finance Director that Builder is entitled to a refund by reason of connection having been made .to facilities in accordance with the Huntington Beach Municipal Code, and that City has received the fee for such connection: City shall riot be liable - for payment of refund by reason of its failure to collect or receive from any person or entity the connection fee. However, City agrees to use good faith to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, . by the collecting fees, either prior to -or-concurrent with the development, or any property served by the facility constructed under this ag-reement. If a developer who develops property served by the facility constructed by Builder is required As a condition of development to construct additional facilities, City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction; City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the connection fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facili- ties constructed hereunder to deposit said fee with City; said agree- ment will further provide that in the event that it becomes necessary to institute legal proceedings, either by the .City or by Builder or developers, who have previously contributed. to the cost of such facili- ties; to enforce the rights of the parties thereunder, that the 'City shall not be required to pay the attorney fees for any of the parties. It is understood that it .is not mandatory that the City institute legal proceedings to protect the interest of the Builder. . WITNESS .OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of , 19 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor Approved by initiating Department ATTEST: Direc or of Public Works by . City Clerk Approved as to Content: by, City Administrator AP AS TO FORM by ,City Attorney Charles Hermansen (Builder) -2- ' Ao" Xrf fv,127",OZ�Otiv Cq x � -Gt7�1'I"Z SLQAIOFF•�.PslO. �` r 1• ; v �T., 0 � � ~ 6' k. v ►,'YA�'� EDGE OFEf'/Sl�/iGII v 3- Niz ►► V 9 , _ �U_ Ali- a �� � •_ � �� � � � E tq _ ��t l�� .ST. � `. ALL.E� Ei✓G�/,��c% sr S£E 9rs/EETN Z n - ®® CITY OF H TI BEACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON BEACH To Frank B. Arguello, From H. E. Hartge Subject Reimbursement to Date January 22, 1976 Charles Hermansen Please prepare. a check in the amount of $1965.00t ,payable to. Charles Hermanseno .700 .Fifth Streetr ,Huntington Beach 92648, as payment for water 'facilities built in Memphis Avenue and in the alley between Delaware and England Streets. at .Charles Hermansents. expense. The billing from the lowest bidder. is attached. Payment .is to be made from the Water Funds •Hq R. HFrtgZi. Director of Public Works HEH4 JWW0 me cc; Eric Lovejoy - . , _ .rsrdct.8 X�T�t- 7. ;._ �/ S4 � ' t - . - � - . cr��r2 - - � C��Df ID Il.�.�fiY`, `, �` � . ( � _ _�Q CUf{B..�ET,OA!.�" _�c� - .. T'- .• ��A. , fly/d'l, d 6W,,C,ET/{1- Z ' a 90' 90 }/,,rwzz d-re146 rEE�'lf1�U�'l�LOCI� �PEl�,S'TL7 PL.�i✓6'Ol `� 0 �3 0 0 0, 3 o o`� � -� . 77 30 cezew, )006 Jam) kkj l 7s- V v \` 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From A. De La Loza Director, Public Works Departmental Analyst Sr. Subject Reimbursement to Charles Hermansen Date January 26, 1976 In order to justify the sufficiency of the payment, the file must contain as a minimum: A. Verification that payment was actually made (a copy of the cancelled check should suffice) . B. The authority upon which the payment is requested (is this a reimbursement agreement?) . Please supply the above so that we may proceed with payment. 1 A. De La Loza Departmental Analyst Sr. F. B. A guello Director of Finance AD/cg R E C E I V E DEPT. OF PUBLIC WORKS J A N 2 7 1976 HUFMNOToR 6FAcm.'CAQF' YTEMENT LICENSED CONTRACTOR • BONDED& INSURED STATE LICENSE NO.219425 OFFICE - SHOP- JERRY MATILLO 793 N. CYPRESS 8242 POINSETTIA DRIVE ORANGE, CALIF. BUENA PARK,CALIFORNIA n5 TlQ (714) 521-2653 (714) 522-7108 j J� K �. 19 /-2 1/ TO C P AR LG S 106 r-N+ "G t-�PN i S a-- rN 6-J A t4 Q ,fi /4 is&,4 i F-t AR AC- l /'7-3 1,F OF C L�4-SS /.S-o farz � 91 F ii MC 14/2 �3Ole ' —d2 04ou t� r D ALL ACCOUNTS 30 DAYS PAST DUE WILL BE CHARGED 1'/:%SERVICE CHARGE PER MONTH PLEASE THE LARGEST PORTION OF OUR EXPENSE IS LABOR PAYABLE WEEKLY, THEREFORE, OUR ONLY TERMS ARE "NET" ON OR BEFORE THE 10TH OF MONTH FOLLOWING THE DATE OF PURCHASE TO THOSE CUSTOMERS WITH AN ESTABLISHED GOOD CREDIT RATING. ALL OTHERS ARE DUE AND PAYABLE UPON COMPLETION. f � rP , To 3� Date tt � a {' L a-0 a ���� I:ETW N TO —> Signed ru G Date Signed _g 1�. /f)j R�dif�rm . 41 465 SEND PARTS 1 AND 3 WITH CARBONS INTA Poly Pak(50 sets)0465 PART 3 WILL BE RETURNED WITH REPLY. r� ' r ` To Date J Y '._ � Q�'O�✓ �� Qom_ VIA 2w• 3. 1 i, DUPLICATE + , Signed f _ �F i is t Date Signed Redif9rtn 45 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak(50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY. - tr; Ta.. Date (o y moo-✓ UL r�,,, VLA �wt t_ r: PLEASE REPLY TO —30- . Signed t r �t 'i 3' i F.' Date Signed N Rediff'. t• 4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak 150 sats14P465 PART 3 WILL BE RETURNED WITH REPLY. I CITY OF HUNTIN"i ON BEACH TO: DEPARTMENT DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. Please call: TELEPHONE Mr. Mrs. uQ T40 4 „�A Miss f� • TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE NSF co S i Or 8 "G,r/q-c2 4/ti€ Z53 Ca- FR0lv1: DEPT. TRANSMITTAL AND TELEPHONE SLIP �• d C11'Y OF HUNTIN ON BEACH TO: PILE kT�kjoj�j / v R DEPARTMENT DATE ,{ ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. Please ca/l: TELEPHONE Mr. Mrs. Miss TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE QIQ ZL FROM: DEPT. r V t TRANSMITTAL AND TELEPHONE SLIP I , I + - - -- - _ I I I I I I I . I i I i I I I L .-AJ t + - - a- -- 41 4- -� t 1— -- 1 - — — 1 _ _� L-- -.- -- -- I I I { , - 1 � 1 I , I I I f r { - �- I I i I I -- -- t- C�71Gw�2�GW �G��7/WVIV{I�Ci�V BUILDER • DEVELOPER STATE LICENSE NO. 298352 January 21 , '1976 Mr. Jim Hibbard Engineering Department City of Huntington Beach P. 0. Box 190 Huntington Beach, Calif. Dear Mr. Hibbard: During the months of July & August 1974, we received three bids for the job at Memphis & England Streets, Over the years we have misplaced the two highest bids. The attached . statement from Matillo Bros . was the lowest bidder and e he contractor we used. Thank you. S'nc rely yours , r Charles Hermansen, Owner CH: pb 700 FIFTH STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-6663 (714) 536-8705 STATEMENT LICENSED CONTRACTOR • BONDED& INSURED STATE LICENSE NO.219425 OFFICE - SHOP- 1 JERRY MATILLO 793 N.CYPRESS ! 8242 POINSETTIA DRIVE ORANGE,CALIF. BUENA PARK,CALIFORNIA (714) 521-2653 (714) 522-7108 Tel 19�L TO �.. i-.i A�t 1_1= r;71 .� 10... � r:►.i ,',t,_,t�. ,a`�' .., �.�• :�1;1� c �— 1 �'t fr L.fit�i Q `�' ` i :r r i , I I i i t I tl i ALL ACCOUNTS 30 DAYS PAST DUE WILL BE CHARGED 1 K96 SERVICE CHARGE PER MONTH i PLEASE THE LARGEST PORTION OF OUR EXPENSE IS LABOR PAYABLE WEEKLY, {{ THEREFORE, OUR ONLY TERMS ARE "NET" ON OR BEFORE THE LOTH OF I MONTH FOLLOWING THE DATE OF PURCHASE TO THOSE CUSTOMERS WITH AN ESTABLISHED GOOD CREDIT RATING. ALL OTHERS ARE DUE y AND PAYABLE UPON COMPLETION. e/ S`IJATEM ENT Z(O � I LICENSED COI TRAMTOR • BONDED& INSURED 1 STJ'TE L CENSE NO.219425 "i OFFICE — _ SHOP- - a JERRY MATILLO 793 N. CYPRESS j 8242 POINSETTIA DRIVE <' ORANGE, CALIF. BUENA PARK,CALIFORN,IA '% 7 " --- j 7 `'� (714) 521-2653 /� `, (714) 522-7108 V 19 7c/ , TO C' H AR L 11 DS f l-��J IQ fa M S r'tl 'Y • -L y G' l 0 ss S L� Y; ©C. I S 1 ALL ACCOUNTS 30 DAYS PAST DUE WILL BE CHARGED 1 h%SERVICE CHARGE PER MONTH PLEASE THE LARGEST PORTION OF,OUA EXPENSE IS LABOR PAYABLE WEEKLY, THEREFORE, OUR ONLY TERMS ARE "NET" ON OR BEFORE THE LOTH OF i MONTH FOLLOWING THE DATE OF PURCHASE TO THOSE CUSTOMERS WITH AN ESTABLISHED GOOD CREDIT RATING. ALL OTHERS ARE DUE AND PAYABLE UPON COMPLETION. It}- . Sl ATEMENT LICENSED CO TRAI TOR • BONDED& INSURED ST TE ENSE NO.219425 OFFICE - SHOP - JERRY MATILLO 793 N.CYPRESS {( 8242 POINSETTIA DRIVE ORANGE, CALIF. BUENA PARK,CALIFORNIA '����•- [j T4 s (7,14)521-2653 (714) 522-7108 sv� � 19 TO C 4 ,/1 ,`s ty S Gil 173 J1 f t`z ��s+ s C L/+55 I "L zc Yk604GS � • 4,. a ALL ACCOUNTS'30 DAYS PAST DUE WILL BE CHARGED 1'A%SERVICE CHARGE PER MONTH r PLEASE THE LARGEST PORTION OF OUR EXPENSE IS LABOR PAYABLE WEEKLY, THEREFORE, OUR ONLY TERMS ARE "NET" ON OR BEFORE THE 10TH OF 1•_T= MONTH FOLLOWING THE DATE OF PURCHASE TO THOSE CUSTOMERS �. 7?}' WITH AN ESTABLISHED GOOD CREDIT RATING. ALL OTHERS ARE DUE AND PAYABLE UPON COMPLETION. City of Huntington Beach P.O. BOX 190 CALIFORNIA ! OFFICE OF THE CITY CLERK March 239 1976 Mr. Charles .Hermansen 700 Fifth St. Huntington Beach, CA 92648 Dear Mr. Hermansen: The City Council of the city of-Huntington Beach at its adjourned regular meeting held- March 22, 1976 approved.a reimbursement agreement between the city and you for off-site water main built in Memphis•. Avenue from 133 feet east of Delaware Street to England Street. We are enclosing a duly executed copy for your records. Sincerely yours, Alicia M. Wentworth City Clerk AMW•CB:wm 1 J REIMBURSEMENT AGREEMENT 76-Wl OFFSITE WATER MAIN EXTENSION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City" , and Charles Hermansen, .hereinafter for convenience referred to as "Builder" . WHEREAS; Builder, pursuant to agreement with City has, at his own cost and expense, constructed 173 lineal feet of 8" A.C. water main and 8" tee; -hereinafter referred to as facilities, and said facilities have been constructed in conformity with the plans and specifications approved by the. Director of Public Works of City, and. have been dedicated to City, and City desires to reimburse .Builder for a portion of the cost of the construction -of said facili- . . ties as provided by the Municipal Code, NOW, THEREFORE, in consideration of. the covenants and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $1965:00 a water main and appurtenances to serve north side of Memphis Street from 133' east. of Delaware Street to .ceriterline of England; Street. (See . Exhibit. "A" attached hereto and made a part hereof for a map of .the area served) and has. dedicated said facilities to City. The refund to be paid to. Builder under this agreement is as follows: Total job cost of facilities $ 1,965.00 Less: 10% per Huntington Beach Municipal . Code, Section 14 .20.060 (C) $ 196. 50 Net Refundable $ .1,768.50 Refunds shall be payable for a period of five .(5) years only from the date of applicant' s application for main line extension. Refunds shall bear no interest:_ No refund shall be made by City to Builder until the Director of Public Works shall 'certi fy in writing. to the Finance Director that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Municipal Code, and that City has received the fee for such connection. City .shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the connection fee'. However, City agrees to use good faith. to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, by. the collecting. fees,. either prior to or concurrent with the ,development, or any_ property. served by the facility constructed under this .agreement. If a, developer who develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities, City ,y may allow said developer credit toward the per acreage fee consistent r\Y with this said agreement; and no fees shall be due Builder by reason Of such construction; City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the connection fee with the City prior to or concurrent with development, City will provide an agreement with -said developer that said developer is obligated, not only to the City, but to Builder, and." to developers who have previously contributed to the cost of construction of facili- ties constructed hereunder to deposit said fee with City; said agree- ment will further provide that in the -event that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the cost of such facili- ties, to .enforce the rights. of the parties thereunder,. that the 'City shall not be required to pay the attorney fees for .any•. of the parties... It is understood that it is not: mandatory that the City institute legal proceedings to protect -the interest. of the Builder. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this ^�/ day of , i9. 26 _. CITY OF HUNTINGTON BEACH, a municipal corporation rl., Mayor Approved by initiating Department ATTEST: • C irec or o is or s by .City Clerk Approved as to Content: . by .ti City Administrator AP AS TO FORM by / City Attorney C 4rs Grmansen (Builder) V r ,cCQ 8'. Lt��.r�'2 ClOo/f. .Psro. �t w - ` : i�.��s'os' � �r • � � �� carrsr. ��c�,'/rf �r�/ � - ' �it09, .,, . 1XA/LtYr V� �. J- ► Ci7/�l Z BLOA'OFf.4`.�.�'10Ar �!I lie,, s Jl Ef"�Br1'l'.�.I�Nf.SYC� 44 4�r2 j p 41, .4LL.Ey