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Home My WebLink AboutCorporation of the Presiding Bishop of the Church of Jesus C T111CHURCHa JESUS CHRIST °F LATTER DAY SAINTS OFFICE OF GENERAL COUNSEL 330 South Third East Salt Lake City, Utah 84111 October 2, 1979. City of Huntington Beach P.O. BOX 190 Huntington Beach, California 92648 ATTENTION: John W. Whipple RE: Huntington Beach 2nd 5th & 6th Huntington Beach California North Stake Property #500-5892--50 Dear Mr. Whipple: Enclosed please find the signed Reimbursement Agreement per your request dated June 28 , 1979. I hope that this is satisfactory. Upon approval by the City Council, please forward a copy of the approved agreement, along with the reimbursement to my attention. We will then close our file on this matter. Thank you for your cooperation. If you have any questions, please feel free to cont ct me at (_801) 521-3680 . Si ce ely, P� dA 2 g7nl J. S ders Co RJS :po Enclosure (F) City o Huntington Hunti ton Beach 1 P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 6, 1979 I The Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints 5302 Heil Avenue I Huntington Beach, California, 92647 Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 5, 1979, approved Reimbursement Agreement No. 79-W2 for the construction of a water main and other minor facilities in Graham Place. Enclosed is an executed copy for your records. Sincerely, Alicia M. Wentworth City Clerk AMW:cb enc. bPw REQUEST FOR CITY COUNCIL ACTION L-Ds C Submitted by Department Paul E. Cook `� Public Works Date Prepared October 16 , 1979 Backup Material Attached ® Yet No Subject Approval of Reimbursement Agreement 79-W2 - Corporation of Latter Day Saints City Administrator's Comments 14Y CITY COUNCIL Approve as recommended CITY CLERK Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: rl The Builder, known as The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, seeks approval of Reimbursement Agreement 79-W2 for the construction of a water main and other minor facilities in Graham Place. Recommendation: Approve the agreement which establishes a maximum possible reimbursement of $7 , 803. 00. Analysis: The Corporation of Latter Day Saints has constructed 397 lineal feet of 67A.C.P. water main, one (1) fire hydrant, and one (1) 2" blow-off assembly in Graham Place and seeks reimbursement under Section 14 . 48 . 070 of the City' s Municipal Code. The attached Agreement, No. 79-W2, complies with Code and sets the maximum possible reimbursement at $7 , 803. 00. Funding Source: Reimbursement will be from Drainage District 12 funds as service charges are collected. PEC:JS: jy P1O VIR ,j • REIMBURSEMENT AGREEMENT BETWEEN THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS AND THE CITY OF HUNTINGTON BEACH FOR WATER MAIN CONSTRUCTION , (79-W2) THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for con- venience referred to as "CITY," and THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH -OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah corporation sole, hereinafter for convenience referred to as "BUILDER. " W I T N E S S E T H: Recitals: 1. BUILDER, pursuant to agreement with CITY, has, at his own cost and expense, constructed 397 lineal feet of 6" A.C.P.. water main, one (1) fire hydrant, and one 2" blow-off assembly in Graham Place, hereinafter referred to as FACILITIES, to serve BUILDER'S development known as 5302 Heil Avenue and adiacent properties. 2. Said facilities are offsite and 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. 3. CITY desires to reimburse BUILDER for the cost of construc- tion of said offsite facilities, less BUILDER'S portion, as provided by the Huntington Beach Municipal Code Section 14 .20.060. WHEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Cost of Facilities and Area Served: BUILDER has constructed at a total cost of $20,940 a water line and appurtenances to serve 5302 Heil Avenue and adjacent properties. Exhibit "A, " attached hereto and made a part hereof, 1. J0L 0 2 1970 .r is a map of the area served. BUILDER has dedicated said FACILITIES to CITY. Refund: The refund to be paid to BUILDER, out of available funds, under this agreement is as follows: Total job cost of facilities $20,940.00 Less BUILDER'S portion 12,270.00 Gross refundable $ 8,670.00 Less 10% per 'Huntington Beach Muni- cipal Code Section 14 .20.060 (c) 867.00 Net Refundable Amount $ 7 ,803.00 Conditions: Refunds shall not exceed 90% of the offsite construction costs. 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 water service fees from .the area served. Refunds shall be payable for a period .of five years only from the date of applicant's application for main line extension. Refunds shall be made from subsequent development as set forth in Section . 14 . 20. 060 (i) of the Huntington Beach Municipal Code. Refunds shall bear no interest. Refunds shall be payable only to the original applicant or applicants. Upon death of applicants, the right to refund shall terminate. CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any person or entity the water service fee. If a developer who develops property served 2. JUL 0 1979 by the FACILITIES constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer credit toward the water service fee, and no fees shall be due BUILDER by reason of such construction. In the event CITY does not require a developer to deposit the water -service fees with the CITY prior to or concurrent with develop- ment, CITY may enter into an agreement with said developer stating 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 facilities constructed hereunder to deposit said fee with CITY. - The CITY ,shall not be required to pay attorney's fees or court costs for any breach of this agreement. In the event this agreement conflicts with or contradicts any City ordinances, such ordinances shall prevail over the terms of this agreement. WITNESS OUR HANDS AND SEALS the day, month and year appearing below: Dated this 4 day of 19-77 CITY OF 'HUNTINGTON BEACH a municipal corporation o ATTEST.; n s�•�"-:i (...��aE �s' + ��T _ •� i APPROVED AS TO FORM: �i ty C3�k APPRO ED AS TO CONTENT: . 4,� y XtEorney Ci A ministrator The Corporation of the Presiding Bishop of the Church of Jesus Christ INITIATED AND APPROVED: of Latter Day Saints, a Utah Corporation Sole XBr� u Director of Public Works Authorized gen By 3. JUL o 1979 � f I i I � I I 1 .y I 1 i 4 1 M H ' 1 ti � 1 • 4 i3i.4o A AREA SERVED - ll EXHIBIT "A" -- ---`'--- -. - JUL 0 ^ ta�a %L= M. L, HANSEN CO. INC. December 27, 1978 Donald Peart & Associates 1022 South LaCienega Boulevard Los Angeles, California 90035 RE: Huntington Beach 2nd, 5th and 6th Wards job Dear Don: In response to your inquiry regarding the above referenced job we submit the following. The boring of Heil Avenue relative to installing water lines and fire hydrants, plus the cost of those water lines and fire hydrants has amounted to a cost of $20,940.00. These costs are included in the original contract plus various change orders which have been added to that contract. Sincerely, M. L. Hansen, President JAN 1 g 1979 986 WEST 1820 SOUTH / SALT LAKE CITY,UTAH 84104 / PHONE 972-3686 / MOBILE PHONE 486-9222,UNIT 6138 DONALD PEART & ASSOCIATES ARCHITECTURE 6 PLANNING 1022 SOUTH LA CIENEGA BOULEVARD LOS ANGELES. CALIFORNIA 90035 January 19, 1979 TELEPHONE 213 969-8294 John Whipple Public Works City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Re: Water Main, Graham Place Huntington Beach 2nd, 5th and 6th Wards Dear Mr. Whipple: Confirming our conversation today, we would like to obtain a reimbursement agreement for the water main that has been installed in Graham Place. The Church went through the competitive bid process, a public bid opening was held and it was determined that M. L. Hansen Company, Inc. was the low bidder. I believe that the water main has been completed and is operable at this time. Enclosed is a letter from M. L. Hansen regarding the cost of the water main. One of the items that added greatly to the cost was the requirement that we tunnel under Heil Avenue rather than use an open trench. I have enclosed a copy of the drawing showing the improvements on Graham Place. Should you need additional information or have any questions, please call me. Sincerely, D AL PEART ASSOCIATES Donald Peart AIA A encl. A. T ESE' Cl � Q�F H WI NO BCECH