HomeMy WebLinkAboutJoseph Calo - Reimbursement Agreement 85-W1 - Water Main - A REIMBURSEMENT AGREEMENT 85-Wl FOR WATER MAIN CONSTRUCTION
BETWEEN THE CITY OF HUNTINGTON BEACH AND JOSEPH CALO
THIS AGREEMENT is made and entered into on this
day of A, 4 19 _, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY, " and Joseph Calo, an
individual, hereinafter referred to as "BUILDER
WHEREAS, BUILDER has at its own cost and expense installed
water main improvements , hereinafter referred to as "FACILITIES",
for the benefit of the subdivision at 4751 Los Patos Avenue; and,
PURSUANT to Chapter 99 of the Huntington Beach Ordinance
Code (HBOC) , FACILITIES contain supplemental size, capacity or
number for the benefit of property not within BUILDER' s
subdivision; and,
FACILITIES have been constructed in conformance with plans
and specifications approved by CITY's Director of Public Works and
have been duly dedicated to CITY, and consist of 177 lineal feet
of 12-inch A.C .P . water main, of which 47 lineal feet are deemed
"supplemental" for purposes •hereof (attached hereto as Exhibit
"A", and by this reference made a part hereof, is a map depicting
FACILITIES and the area thereby served) ; and;
IN accordance with the Subdivision Map Act of the State of
California and HBOC Chapter 99, CITY is required to reimburse
BUILDER for the cost of the supplemental portion of FACILITIES.
NOW, THEREFORE, in consideration of the covenants and
agreements herein contained, the parties hereto agree as follows:
1 .
1. CONSTRUCTION
BUILDER has constructed FACILITIES at a total cost of
Five-thousand, Three-hundred ninety-eight Dollars and Fifty Cents
(35 , 398. 50) .
2 . DEDICATION
BUILDER has dedicated FACILITIES to CITY.
3 . REIMBURSEMENT
The total reimbursement to be paid BUILDER for the
supplemental portion of FACILITIES is the sum of One-thousand,
Four-hundred Thirty-three Dollars and Fifty Cents ($1 ,433 . 50) ,
plus legal interest accrued hereunder to the date of said
reibur sement.
Said reimbursement shall be made by CITY to BUILDER
upon certification of CITY' s Director of Public Works to its
Finance Director that BUILDER is entitled to reimbursement by
reason of connection having been made to FACILITIES by a
subsequent developer in accordance with the Huntington Beach
Municipal Code and this Agreement, and that CITY has received the
subsequent developer ' s service hook-up fee as set forth above .
4. LIABILITY OF CITY
CITY shall not be liable to BUILDER for payment of any
reimbursement by reason of city ' s failure to collect or receive
from any subsequent developer the service hook-up fee for
connecting into FACILITIES.
CITY'S refusal to allow any subsequent developer to
connect into FACILITIES constructed by BUILDER shall not make CITY
liable to BUILDER for any reimbursement monies which would have
accrued to BUILDER if such connection had been permitted.
2 .
A
5. CONNECTION BY PUBLIC AGENCY
CITY retains the right to allow a connection by a
public agency exempted from payment of connection fees and shall
not be liable to BUILDER for reimbursement hereunder because of
said connection.
6. ATTORNEY'S FEES
CITY shall not be required to pay attorney' s fees or
court costs for any breach of this Agreement.
REST OF PAGE NOT USED
3.
9. ENTIRET'x
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.
BUILDER: CITY OF HUNTINGTON BEACH,
JOSEPH CALO, an individual A municipal corporation
of the State of California
J OS PH CALO Robert P . Mand i c
MAYOR
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ATTEST: APPROVED AS TO FORM:
• . ty
Alicia Wentworth 'Gail Hutton---iv -.r6
CITY CLERK CITY ATTORNEY
REVIE D APPROVED: INITIATED AND APPROVED: }!
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—CharredW.—Thompsod tn Paul Cook
CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS
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SHOWN 1N C;RCLES COUNTY OF ORANGE -
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 21 , 1986
Joseph Calo
4035 Colorado Street
Long Beach, CA 90814
The City Council of the City of Huntington Beach at the
regular meeting held March 17, 1986, approved Reimbursement
Agreement 85-S1 and Reimbursement Agreement 85-Wl -
4751 Los Patos Avenue.
Enclosed are copies of both agreement for your files.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone:714-536-5227)
REQUES . FOR CITY COUNCI, ACTION
Date March 7, 1986
.Submitted to: Honorable Mayor and City Councilzt Gv
Submitted by: Charles Thompson, City Administrato �aYR 1:
Prepared by: Paul E. Cook, Director of Public Works
Subject: Water Main Reimbursement Agreement 85-Wl a d S _
Reimbursement Agreement 85-Sl
Consistent with Council Policy? [ Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments:
Statement of Issue :
Joseph Calo is seeking approval for reimbursement of off-site water
and sewer main construction.
Recommended Action:
Approve Reimbursement Agreements 85-Wl and 85-S1, which establishes
maximum reimbursements of $1, 433 . 50 and $1, 500. 00, respectively.
Analysis :
Joseph Calo constructed 47 lineal feet of off-site water main and 75
lineal feet of off-site sewer main, which serve his development at
4751 Los Patos Avenue. These facilities will eventually serve
developments adjacent to his property. The sewer and water systems
were constructed in accordance with city approved plans .
Funding Source:
Joseph Calo will be reimbursed from water and sewer fees collected
from adjacent property owners as they tie into the facilities .
Attachments :
Reimbursement Agreements 85-Wl and 85-S1.
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All of the above work to be completed in a substantial and workmanlike manner according to standard
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practices for the sum of l'//u/ liAfXd% Dollars($�! MO/
Progress payments to be made U ec i i w/2 le 1,161 M
CCEPTANCE S THWE T CONSTRUCTION
By: QV=Xc� By:
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Calif.State Contractors License#
RIGHT TO CANCEL , Contractors are required by law to be licensed and regu-
You, the buyer,.may cancel this transaction at any time lated by the Contractors' State License Board. Any ques-
prior to midnight of the third business day after the date of tions concerning a contractor may be referred to the registrar
this transaction.See the attached notice of cancellation form of the board whose address is: Contractors' State License
for an explanation of this right. Board, 1020 N Street. Sacramento,California 95814.
- t
This duly licensed company hereinafter tailed Contractor, agrees to construct in a good and workmanlike manner for
Owner as defined below,subject to the terms and conditions set forth herein,furnishing all labor,material,tools and equip-
ment therefor, the work as noted herein for the unit prices as set forth below:
1. The Accepting Party hereof warrants'that he is a licensed contractor and/or the Owner in fee, and/or the authorized
agent of the owner in fee of the property upon which the said work is to be done.For purposes of this bid proposaf and con-
tract, Accepting Party shall hereinafter be called the"Owner". ,
1. Quantities and prices bid are from Owner's plans and specifications and/or Owner's design engineers takeoff.Actual
payment is to be based on construction quantities measured in the field,and to be in accordance with the methods of com-
pensation used by the State Division of Highways where applicable. No allowance will be made to Owner for labor material,
repairs or alterations performed furnished without Contractor's prior written consent.Owner agrees to protect,and assume
responsibility for damage to Contractor's work and materials on the construction site prior to completion.
3. An deviation from Owner's plans and specifications and/or terms shall be by mutual agreement and shall be in writing.
Payment for extra work and allowance for omissions shall be fixed in advance on demand by either party and shall be set
forth in said writing.'No verbal agreement or understanding shall be binding unless included.in.this proposal.
4. All permits, inspection and engineering fees are to be paid by Owner. The Owner will assume responsibility for
damage to underground pipelines and conduits that are not properly located by Owner.
5. This agreement includes normal workman's compensation and comprehensive liability insurance coverage require-
ments. If excessive amounts are required by Owner, Contractor reserves the right to increase the amount of the contract
accordingly.Contractor agrees to furnish Owner with certificates of insurance on request.In the event Owner should require
a bond, Contractor agrees to furnish bond at Owner's cost, plus ten percent(10%) overhead.
6. Contractor agrees to construct structures per elevations shown on grade stakes and or cut sheets.Any subsequent
changes in elevation will be corrected on a time and material basis, plus twenty percent(20%).
7. All excess dirt from excavations by Contractor shall be left at trench site,distributed neatly within street R/way, any
removal of dirt from trench site, including the regarding of streets and lot grades shall be the responsibility of the Owner.
8. Owner agrees to furnish construction water at Owner's cost within the project site, thru a forty P.S.I. minimum
pressurized system.
9. The Contractor shall not be held liable for any loss,damage or delays occasioned by fires,strikes,acts of war,acts of
God, secondary boycotts, inability to obtain materials or other causes beyond his control.
10. WORK STOPPAGES: If, after the work has been started, anything does occur that directly or indirectly prevents or
otherwise delays the carrying on of the work as specified and over which the contractor has no control,the contractor shall
immediately be entitled to and must be paid the full amount of the reasonable value of work that has been performed and
material furnished.
11. In the event either Contractor or Owner institutes suit in court against the other party or the surety of such party, in
connection with any dispute or matter arising out of this agreement,the party which prevails in that suit shall be entitled to
recover from the other its attorney's fees and costs on account thereof.
REQUEST FOR CITY COUNCIL ACTION
Date March 7, 1986
.Submitted to: Honorable Mayor and City Council
Submitted by: Charles Thompson, City Administrator
Prepared by: Paul-E. Cook, Director of Public Works—/"J e
Subject: Water Main Reimbursement Agreement 85-Wl and Sewer Main
Reimbursement Agreement 85-Sl
Consistent with Council Policy? [A Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Statement of Issue:
Joseph Calo is seeking approval for reimbursement of off-site water
and sewer main construction.
Recommended Action:
Approve Reimbursement Agreements 85-Wl and 85-S1, which establishes
maximum reimbursements of $1, 433 . 50 and $1, 500. 00, respectively.
Analysis :
Joseph Calo constructed 47 lineal feet of off-site water main and 75
lineal feet of off-site sewer main, which serve his development at
4751 Los Patos Avenue. These facilities will eventually serve
developments adjacent to his property. The sewer and water systems
were constructed in accordance with city approved plans .
Funding Source:
Joseph Calo will be reimbursed from water and sewer fees collected
from adjacent property owners as they tie into the facilities .
Attachments :
Reimbursement Agreements 85-Wl and 85-S1 .
CWT:PEC:WAP:lw
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