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HomeMy WebLinkAboutMontgomery & Stellrecht - Reimbursement Agreement 123 - Wate TOPIC FILE NO. LEGISLATIVE HISTORY RECORD ..r.. w�. ..., DETAIL d DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK 11 rr rr T VOLUME PAGE 4qcc,so 0 Z 4 I �w FILE NO, T c HCi1CLii U.L 171 . C111U LR1-5 . Ga,li lICC Di-MbI1CC&A-C LU1 t111Ct5CU Liz a-bulit61 1i1JU1-- ies and damages sustained on or about September 2, ;1971, and referred same to the. City's -ins, ' .nce carrier. 11.. BOND REDUCTION TRACT NPI, 76 - LA' CUES TA Approved the recommendation of the�"Director -of Public -Works, and ac- cepted Decrease Rider No . 886992 - (General Insurance Company of America) for existing faithful performance portion only of an Im- provement Bond now on file with the'.City Treasurer for Tract No. 7246. i2. CONS= TO ASSIGNMENT -_PIER CONCESSIONS Approved the assignment of the pier concession leases between the City and McCullih Brothers (Robert and Carl, Jr. ) for Captain's Galley, Fisherman's Grotto and McCullah Brother's Sportfishing„to Carl McCullah, Sr. . and Robert McCullah, known as McCullah's Incorporated, and authorized execution of said assignment by the Mayor and City Clerk. 13. - MERY & • Approved the recommendation of the Director of Public Works, an authorized reimbursement in the amount of $4,800 to Montgomery & Stellrecht for construction of an offsite water main at Newland Street, _:south of Slater Avenue, per Reimbursement . reement 14. C• 'a comnztiox - - - GBAM STREET STQRM Accepted work on the Graham Street Storm Drain - CC-1 0, completed _ by- Lomar Corporation for a final contract amount of $109,199.50, and directed the Clerk to file a Notice of Completion with the Orange County Recorder. 151. F MP I - Accepted work on the Bolsa Chica Improvements - CC-178, completed .by 0. E. Henderson for a final contract amount of $1963149.49, and di- rected the Clerk to file a Notice of Completion with the Orange County l Recorder. 16. APPOINTMENTS - H.B. UNION HIGH SCHOOL DIST. COMMISSION ON GOALS Approved the recommendation of the School's Subcommittee of the Goals ! and Objectives• Committee, and appointed Mrs . Betty Kennedy to the 1971-72 Commission on Goals for the Huntington Beach Union High School District, with Mrs . Joan Sutake to serve as alternate . 17. CIAIM No. 71-67 - . E. J. RIEGERT _ D ! Denied Claim No. 7X-67 filed by E. J. Riegert for alleged damages to vehicle ' on or about December 1, 1971, and referred same to the City's i insurance carrier. i CONSTRUCTION BIDS & ALTERNATES - CIVIC CENTER PROJECT - RECEIVED The Acting City Administrator recommended that the base bill, including all alternates, for the construction of the- Civic Center Facility - CC-148, be approved by Council. On motion by Matney, Council approved the base bid for the construction of the Civic Center Facility - CC-148, including' all alternates, by the following vote: AYES: Councilmen: Shipley, Green, Matney, McCracken NOES: Councilmen: None ABSENT: Councilmen: Bartlett, Gibbs, Coen I L ma's A December 89 1971 M6ntgomery & Stellrecht 7851 Cypress, Suite B Huntington Beach, California 92646 Gentlemen: Enclosed is a check for $4,800.00 as final reimburse- ment on Agreement No. 123. Per the terms of this agreement and Chapter 35 of Huntington Beach Ordinance Code, all refunds due you within the five (5) year period, since construction, have been made. D This agreement is now terminated and the account is closed. Very truly yours, James R. Wheeler Director of Public Works Eric T. Lovejoy Division Engineer JRWaEILsTM:ae Encl. ecs Bob Stellrecht 7g51 oy�,,-�ss r� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 29, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement No. 123 :i for Construction of Off-site Water Main at Newland South of Slater Gentlemen: Montgomery & Stellrecht constructed the subject water main. Fees in the amount of $4 O.Q_00 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. The remaining balance on this will then be $823.50. It is requested that sum be reimbursed, the check be made payable to Montgomery d. Stellrecht, and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works JRW:TM:ae cc: Finance Dept. July 10, 1068 ,fr. Pohert '-t,ellrecht 17610 Came ro n Huntington Beach , California `;ub ie c t Peimbursemebt Agreement #123 Montgomery - �.tel-lrecht 17801 Newland CCT)tleren: Enclosed , herewith, is a check for $499. 50 which repre- sents mcnies ,!ue- you from fees collected from developers on Newland street that have connected to the water main you I n s t a I,1 C balance on the reimbursement agreement is $5,623. 50. Said monies are to be reimbursed , as they are collected, per the reInburse,!ient agreement. If you bjve any further questions , please contact this office . , Very truly yours , V James P . Wheeler Director of Public 1"orks Darrel! G. Bcver C Division Eng,ineer JRW:DGB:ns T7 nct. f Kea r, r, Ci r• i' i R 1 J r`� wa-er .d3 t C-i. :`sue s it i A h the iz`cN:'ve develori..unent* w•; E T£e mi;nleta of-% cr�tad and d e cxn the deve Cs�k -: ,. It iro Zacon-,:waderl that approval be G�.Vcu to fr= 4*.hu, Water .1.5�atad. 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'�'�:,�`° ,„„t;.:. ,D �� .r;._.; r�;, a. ga„ '.t::.. - 4011c,wity" will! 123 , ' �=.� k,n,:`.• �s:Nn }i�.S_; ;�'` ,�as�r �+:�,.:'* c'• .L'' a�,;� „"1s"iy Y H,� �. .;F�.��,.'y �..".rs Z d 'd Yc I it sai A 3-1 mv uil c led 'i v, on rp-11 (3--d Or, na ric 2.- -.11 co'.Xtm-i; I Colin lity C,��!3,9. d,-water-'.Pas, ro" facl'ity! INCYN MIT- -ORE ih- of zaztd -the agr:w!zient s EIRIT J-,fir2in con-1--zimdj tl)e -�,art --S I a f 1., 'That tram gt, on of *1 -6 " i lf€-rA mf tq16scriki by:.t. 'BU .der to fhall 5at4'sfa CW n of 'the arks alid:-Oil. it3 ci d1 10 y of M ztifii�t6h R6a( h, iilder dh 4 1 re d ect ent-1--tied fu z n 7M . Q'U e. city, of -cLrx i t I gt le re "t acli- 1pr-: ti, Ina& t 0--said 61 -4tst. �rl L fac n'4ca orci-Omce ity ' -wit A h' the picrmon sis'of- i4 Ohaer 35 'c,r tl--Ordl' for vy"I i6h raund2i.-on 1- - Wi lAc a ]arc] f 2. -t v ha.reby aur-p-ed,-7t 6' 1% paid to #ailde-0, is detc xlibed M., Off site I. -b ,Nib* Stiee' t f rm.$00. feet south of Slater Avenue to 3,600 -O'teet:southerl - hbas ft:LM e r rives'. bem-&.r- kimledge, thale o rec ve eidc a ac a- in i e t in r,�?P unc,x foln W.., - Mai' 4e air.oiiht -0 P -by 'waiver- - 4 Lor ar, l.Sal That V14-3 coa "'0. uie Buildleir- Uie coriftj� *,:L 6n 4fl®• Sim Of- i0o k , re to be paid'to the 3,a i M.6 r under t,'1-1 s A-.-� ment Tatal -Amomt- E('Piinfiable iznde r ''Po470-00 6.0723-00 Chapter �5 .. 90,- 4k�, urn red.,Vteel by, waiver of C, fee.on "Onyr- I V on: to. 600.00 C y pa-e Adn 3 kone Net lie;-urA able 36.,123-00 No re f mrid pxyme n1; a4a 1 1:1pq,'ma de, by., Clerk of th e of, h Aui]Aer un-ti I -th D.-,�rector of Pu I Y3.410 ?iorks sht. I b.,-i c H -1 f.1 dr 1 i-iritino, to the i C I p x* t mt i3i.-,OWdemo-- is e%'t'itUd to a mfm'd for pe c i f i to lis m �fi& p.teviouc.,ly bi�eia madis- tZ rt.-C U- ]A r f-4-6 1--'-jL1y .1-11 accoi7lam-,-; Cha:,'Aer. 35 Ar hQ Jyi4s � 1rz % � �Veee 2, 7. 7. ' City ehall not 'Do 1'i ble for payment` _f refund `by reason s yai_3�.z-e to colls c;t or recoive f,om w'�Y ersah or entity the ;eater Tlzl... qity a E9 from an sdmeinistr five, legislative or'_ usi u�?tc°ta1. azxadut to nrot c; the inter •st: of BW lder' either indi`�r5.dails or eriti •-.es. 71ho have previously constructed vrater facilities, bit. the collecting of the eater fees, either f:rior.to or concu*'re it with the development ?f properties. :--erriced-by said facility, if a binder who is-developing pto-jJerty vhich will. ',e surged by the facility cdesn- ibed herein, is regiAred, as a condition to .ho devalopment of said property to constnact water facilities, City may ailo4v :ai.cd ubuilder credit to'�aards the per acsvage fee cons-ister_t with this said i.-reerzkent; City further agrees to furnish a copy of this agreement to the c,:eveloper of any properties baing served by the facility to which builder is rubject to refund ,-nder this arxsem©nt, 8,, In. •tr:.a event Ci-.4 dces not reaui.re a builder to duaaosit the i-mAer fee'with the CUy pel.or to or concurrent with the development of } -Properties, in that event City will nrevide r. any agreement, wit said builder der the t• said builder is obli;gmated .not only to the city but to the builder,, it i%ividuals or entities who ha je previously contributed to the cost of construction of the water facilities; said 3=-reenzent W'11 further -)rovide that in the event that it bscoms necessary to institute legal oroceEdin, s, either by the City or by the builder �1Zo has nzeviously con- tribited to the cost of water facilities, to enforce the rights of the, i Yrarties thereunder, that 'the prevmili.n� peaty sha L1 be entitled to reason' nble attorneys zees; provided haxever that the City shall: not be required 4 o my the attorneys fees for any of U-se parties, 9, It is understood that the City is not requixe.d to institu-,�,e legal, pro;eedings to protect the intarest of the builder, but may do so, Dated: CITY OF UJIVINGTON PEACH A municipal corporation, J ' yak G i A FRJV . OR FC ri,,W 3. =Y ATTORt; 4 _ s - + -r. i. j --y a �,;;-"yt�"p -.- 4 -.x"' •�*-p,.t t: '�,- -};•r { _? -� � L .r Et-t'� Y �q Las-sx,.. - _a•.:_ .�: /t.�Eiee3` - v..:..z�F`a.1`:'::ats......c...-"- -.S -r. APPROVED AS TO FORV: �s�ta (,zty Attormy : . BUILDER _u i i&S�H'►tQ�/. �?"��.1�L�GyiT by in Ro4cATs'TEcc.4E�NT by 7*21& �.,,... STATE OF CALIFORNIA � SS. COUNTY OF ORANGE On , before me, a Notary Public in and for said-. State, arsons y appeared Jake R. Stewart, known to be to be the Mayor ro Tem, and Paul C. Jones, known to me to be the City Clerk of the Municipal Corporation that executed the Within instrument, known to me to -be the persons who executed the within instrument on behalf of the Municipal Corporation therein named, and ackwledged to me that such Municipal .Corporation executed the within instrument. . WITLESS my hand and official seal. VAG OFFICIAL SMiUNESTINA D1NOTARY PUBLIC - CALWFORN ,. PRINCIPAL OFFICE M Commission Expires Juno 25,1868 tuWtGE COUNTY. . STATE O CALITORIdIA ) } ss (;'UNITY OF Uf,',A NGE ) 01% this , day of _..., 19 , before me, a N tary Public.. . in and for said County and tote, F..-e""- ;=-I -y appeared �/ /�T/A 7V- _; , awn to rt:;:. i.o --Prsefdtnt andCLZ r , kno�n to fn;: :::: .... the �, — -� � -„ that, e:. c�,\+A/a the „;thi..a'. ns3.x'umrt and 'al�no3cd d to rte tpt tr�e;r ewe uteri said ittstriment on behalf of such corporations q ELVA D. mowoom RY Notary Publle (-�Gi We of California r Prindpal Office In �-A bW snags county. . ELVA D. MONT60 Y My Commission Expir" Feb.25,.IOU =' 4. PPI,/ ` REIMBURSEIVENT AGREEIMT Water Main THIS AGREEMENT, dated this _ day of 19 , by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as, CITY ju BUILDER W I T N E S S E T H: 'cHEREAS, Builder ba.s filed with the Director of Public Works of the City of Huntington Beach for the extension of apwater main and connection thereto for 0,80 KHEKEAS, Builder has entered into an agreement with the- City of Huntington Beach relating to performing the necessary work in the construction of said grater line; and 'NHE;REAS, Builder has agreed, at his own cost and expense to construct and build said off -site water facility all in conformity with the plans, specifications and provisions as approved by the Director of Public 6Jorks; and ',YHEREAS, the construction of said water line shall be in conformity with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating to water, and at the completion of said construction and upon acceptance by the Director of Public +Yorks as being in full conformity with the plans and speci- fications approved by said Director of Public ~corks, shall be dedicated by the Builder to the City of Huntington Beach; and Number 3 �y r iY�LERE�#S, the Builder shall be entitled under said sections of the Huntington beach Ordinance Code, after such construction and dedication of said crater facility to refunds from connections by others to said water facility; NOX,j THEREFORE, in consideration of the premises and the agreements herein contaired, the parties agree as follows: 1. That upon completion of the construction of the facility hereinafter described by the Builder to the full satisfaction of the ' Director of Public Works and on its dedication to the City of Huntington Beach, Builder shall be entitled to refund from connection fees received by the City of Huntington .3each for connections made to said hereinafter described facility in accordance with the provisions of Chapter 35 of the Huntington Beach Ordinance Code, 2. The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as followst 4-4 � IlonU ` 8 3. Builder does he ackno:rled� that he has received a nd refund in the form of a credit in the amount of + C0 0 0 r" by waiver of connection fees. 4. That the cost to the Builder for the construction of said O facility is the sum of 5. The refund to be paid to the 3uilder under this Agreement is as follows; Total Amount Refundable under Chapter 35 90% x`i 74-7 0 - = s O Z 3 0 L less: Refund crwdited by waiver of fee on connection to (D V n City participation �j O K Net Refundable . � 6. No refund payment shall be made by the Clerk-of the City of� Huntington Beach to Builder until the Director of Public Works shall have �p certified, in writing, to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this particu- lar facility in accordance with Chapter 35 and the City has received the fee for such connection. J94vr e.& �® 2. 7, City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the ;pater feed I Haver, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Builder, either individuals or entities9 who have previously constructed grater facilities, by the collecting of tte water fees,, either E)rior to or concurrent with the development of properties serviced by said facility, if a builder who is developing property which will be served by the facility described herein, is required, as a condition to the development of said property to construct water facilities.. City may allow said Builder credit towards the per acreage fee consistent with this said agreement; City further agrees to furnish a copy of this agreement to the developer of any properties being served by the facility to which builder is subject to refund under this agreement. 8e In the event City does not require a builder to deposit the water fee with the City prior to or concurrent with the development of properties, in that event City will provide in any agreement with said builder that, said builder is obligated not only to the City but to the builder, individuals or entities who have previously contributed to the cost of con6truction of the water facilities; said agreement will further provide thai in the event that it becomes necessary to institute legal proceedings, either by the City or by the builder who has previously con— tributed to the cost of water facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reason— able attorneys fees; provided however that the City shall not be required to pay the attorneys fees for any of the parties. 9. It is understood that the City is not required to institute legal proceedings to protect the interest of the builder, but may do so. Dated: , CITY OF HUNTIIVGTON BEACH A municipal corporation, BY My—or I3y itiy _r 3. r APPROVED AS TO FORM: sst. 011ty 11ttorney BUILDER by Vice resx e by Ass . cre zy STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this , day of , 19 , before me, a"Totary Pub , in and for said County,and State, persona app a DONAID P. SHIPLEY, knovm to me to be the Mayor, and PAUL C. JONES, known to me to be the City Clerk of the City of Huntington Beach, a municipal corporation, the corporation that executed the within instrument and ackRow- ledged to ms that they executed said instrument on behalf of such municipal c orporatione STATE OF CALIFORNIA ) ss COUNTY OF ORA14GE ) On this , day of , 19 , before me, a Notary Public, in and for said County and State, personally appeared known to ma to be the President known to me to be the Secretary-Treasurer of The corpo.- on that executed the within instrar. nt and acLn=lcdgad to me that they executed said instrument on behalf of such c orporationo Ito