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HomeMy WebLinkAboutSamuel P. Moreno - Reimbursement Agreement 80-S1 - Sewer Mai A ,a HUNTINGTON IWH - - - FROM THE DESK OF Jim Sankey Public Works Department 536-5522 45 ae YVN w 071� � No S 5S , g� SF�2 /11,oRta10�� ��f4�•Sb w co1�Jw3 473 .;T . 4821 Los Pztos Lrive Huntilagton Beach CA. 92649 May 12, 1984 ATTFNTIM': JYIR. 4AME�.",8AN"Y I FPT OF 'PIJBIIC INORKS " , �° CITY 6F,HUNTINGTO BEACH q t HUNTINGTON BEACH, CA. Lear 14r. Sankey: We are aware that the lot on the northwest corner of Green and Los Patos is being developed. We are also aware that the sewer and water lines leading to the back lots directly north of our property were connected to lines on Green Street. Please consider this a request for payment as per the reim- bursement a.greemeht filed with your office . This is a request by Mr. and Mrs. Samuel P. Moreno of the above address and by ly,rs . Fremont Wood ' of 116 Main.S-bjreet,, Seal $each, 90780. Very sincerely, Mrs. Samuel P . 14oreno CC : Mrs. Wood F. D • HtJHTINGTO:1 BSAGIi+ G.�.I.,.1F. CITY OF HUNTINGTON BEACH •� INTER-DEIIARTMENT COMMUNICATION HUNTIN(JON BEACH T,, Dan T. Villella From Paul E. Cook Director of Finance Director of Public Works 5uoject RA 80-Sl Date September 18 , 1984 This is to certify that the City has received sewer fees from the area served (copy attached) and connection has been made, which will allow Samuel Moreno, Thomas Donaven, Phillip Collins, and Freemont Wood to obtain partial payments under the terms of eimbursement Agreement 80-S1 . Please prepare four checks, drawn of the sewer fund (Account #800050) , in the amounts shown below and arrange disbursement. Party/Address Amount 1. Samuel Moreno $ 948 .96 4821 Los Patos Drive Huntington Beach, CA 92649 2 . Thomas Donaven $1, 260 .16 4831 Los Patos Drive Huntington Beach, CA 92649 3 , Phillip Collins $ 473 . 38 139 W. Yale Loop Irvine, CA 92714 4 . Freemont Wood $ 473 .38 116 Main Street Seal Beach, CA 90740 $3 , 155 . 88 PEC:JS : lw Attach. j - 3 CITY OF G-SUIV! INGTON BEACH WINTER-DEPARTMENT COMMUNICATION - To Dan T. Villella From Paul E. Cook` Director of Finance Director of Public Works i Subject RA 80-S1 Date September 28, 1983 i This is to certify that the City has received sewer funds from the + area served (copy attached.) , and connection has been made, which will allow Samuel Moreno, Thomas Donaven, Phillip Collins and Freemont Wood to obtain partial payments under the terms of Reimbursement Agreement 80-S1. Please prepare four checks, drawn j on the sewer fund', in the amounts.-shown below and arrange dis- bursement. Party/Address Amount 1. Samuel Moreno $485. 22 4821 Los Patos Drive Huntington Beach, CA 92649 2. Thomas Donaven $485. 52 4831 Los Patos Drive Huntington Beach, CA . 92649 3. Phillip Collins . $208. 08 139 W. Yale Loop Irvine, CA 927.14 4 . Freemont Wood $208. 08 j .116 Main Street .i Seal Beach, CA 90740 $1, 387. 20 j PEC:JS : jy 1)� USE BALL POINT PEN ONLY -PRESS FIRMLY CASH RECEIPT s CITY OF HUNTINGTON .BEACH e� P.O. BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648 - (714) 536"5511 - - - .. - CITY TREASURER - WARREN G-HO�1,I li 74 DEPT. ISSUING DU j�.3KTu RECEIVED FROM t I44 AD -A 7� Y�( 10 G1" 7/25/63 ADDRESS { t�.� LTV L+-r�jl�L�� V�• �: CYl�l rze-5 s C�� i FOR 1� AMOUNT RECEIVFD � h i CASH] CHECK oq� 3 . 7. RECEIVED BY i - ACCOUNT AMOUNT { ii 1 i TOTAL 1 �_�•. � �-; No. 2 5335 I::. F 1 i - REQUEST FOR .CITY COUNCIL ACTION Submitted by Paul E. Cook Department Public Works Date Prepared y , Sept. 23 , 19 80 Backup Material Attached ® Yes No Subject eimbursemgnt Agreements 80-Sl and 80-Wl City Administrator's Comments APPROVED BY CITY COUNCIL CITY CLERi _ • Statement of issue, Recommendation,Analysis, Funding Source,Alternative Actions: Statement of Issue: Mr. Samuel P. Moreno has monies due him under Reimbursement Agreements 80-S1 and 0-W1. Recommendation: Adopt the resolution authorizing payments of $429.16, in accordance with Agreement 80-S1, and $496. 24, in accordance with Agreement 80-W1, to Mr. Samuel Moreno. Analysis: In conjunction with the. development of his property at 4821 Los Patos Drive, Mr. Samuel Moreno, along with three other Los. Patos Drive property owners, constructed sewer and water improvements for adjacent property owners. On July 8, 1980, the City Council approved Reimbursement Agreements 80-Sl and 80-Wl authorizing a maximum refund of $1 ,430.55 to Mr. Samuel Moreno for Agreement 80-Sl and a maximum refund of $1,654 .12 to Mr. Samuel Moreno for Agreement 80-W1. Funding Source: Sewer and water fees have been received from one of the adjacent property owners, thereby making these payments to Mr. Samuel Moreno feasibly:. i A PEC:DN: jy - -- e dl l in s. - _ =--60S lb_' -77tawo W) Dante-e,� — 4R31 LosWzSt2. -- Wa Y4 IJJ7r t CITY OF HUNTINGTON BEACH •,� INTER-DEPARTMENT COMMUNICATION , HUNTINGTON BEACH To Dan T. Villella From Paul E. Cook Director of Finance Director of Public Works Subject RA 80-Sl Date September 28, 1983 This is to certify that the City has received sewer funds from the area served (copy attached) , and connection has been made, which will allow Samuel Moreno, Thomas Donaven, Phillip Collins and Freemont Wood to obtain partial payments under the terms of Reimbursement Agreement 80-S1. Please prepare - four checks, drawn on the sewer fund, , in the amounts shown below and arrange dis- bursement. Party/Address Amount 1. Samuel Moreno $485. 22. 4821 Los Patos Drive Huntington Beach, CA 92649 2. Thomas Donaven $485. 52 4831 Los Patos Drive Huntington Beach, CA 92649 3. Phillip Collins $208. 08 139 W. Yale Loop Irvine, CA 92714 4 . Freemont Wood $208. 08 116 Main Street Seal Beach, CA 90740 $1, 387. 20 PEC:JS : jy USE BALL POINT PEN ONLY -PRESS FIRMLY CASH RECEIPT CITY OF HUNTINGTON BEACH e� P.O. BOX 711 HUNTINGTON BEACH,CALIFORNIA 62648 (714) 536 5511 ' CITY TREASURER -WARREN G�HAkI�.t 9 f1 . J tJ.I I J 74 j.iU7�LV ilri /+ S ,7/ JV/ .cam 7L j DEPT. ISSUING DVJ I J KTV RECEIVED FROM NO v 1`�1 eD0 ADDRESS ' ' <.lK, C�u i CY1�1 r ! FOR - fAMOU!�7T RECEIVED CASHE] CHECK i RECEIVED BY i ACCOUNT - AMOUNT I ES j if L 1 II l • i I i - I TOTAL No. 2. 5 3 3 G C- 4821 Los Patos wive Huntington Beach, CA. , 92649 August 15 , 1983 Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, Ca. , 92648 Attention Mr. Jim Sankey Lear Sir: We would appreciate -it very much -if you would forward payments due us in accordance with the reimbursement agreement's we have on file with your department (8.OSI and,.,80WI) . The payments are those paid by the owner of the property presently being developed on Green Street. I have been in contact with IYYrs. Fremont 'Wood and told her I would submit her request with ours. The payments should be sent to Mrs. Fremont Wood 116 Main Street Seal Beach, CA. , 90740• and Samuel and Rose I+Ioreno 4821 Los Patos Drive Huntington Beach, CA. , 92649 Sincerely yours, Rose Moreno 846-3219 copy to Mrs. Wood RESOLUTION NO. 4922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIN ' La EACH AUTHORIZING PARTIAL PAY- MENTS TOUEL P. MORE�I MORE REIMBURSEMENT AGREEMENTS NO. 80-,S 1 AND 80-W1 WHEREAS, the City Council of the City of Huntington Beach adopt@d a budget for fiscal year 1980-1981 by Resolution No. 48941 and , 0ection 8 of said Resolution No. . 4894 specifies the pro- cedure for authorizing expenditures from special funds; and The Director of Public Works and Acting City Administrator have recommended an expenditure, and the City Council hereby ap- proves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that partial payment on Reimbursement Agreement No. 80-S1 in the sum of $4,29.16 from the sewer fund is hereby authorized to be made to Samuel P. Moreno for con- struction of sewer improvements; and a partial payment on Reimbursement Agreement No. 80W1 in the sum of $496.94 from the water fund is hereby authorized to be made to Samuel P. Moreno for construction of a water main and blow-off assembly. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of October , 1980. do lRa yor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney /ahb 9/29/80 _ 1. Lew REQUEST FOR CITY COUNCIL ACTION Submitted by Paul E. Cook Depertmmt Public Works Date Prepared Sept. 23 , 19 8 0 Backup Material Atteched [3 Yes No Subject lami" urii"nt Aareements 80-81 and 80-W1 City Administrator's Comment: APPROVED BY CITY COUNpCIL CITY CLERK' S Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: Statement of Issues Mr. Samuel P. Moreno has monies due him under Reimbursement Agreements 80-Sl and $0-W1. Recommendation: Adopt the resolution authorizing payments of $429.16, in accordance with Agreement 80-S1, and $496. 24, in accordance with Agreement 80-W1, to Mr. Samuel Moreno. Analysis: In conjunction with the development of his property at 4821 Los Patos Drive, Mr. Samuel Moreno, along with three other Los Patos Drive property owners, constructed sewer and water improvements for adjacent property owners. On July 8, 1980, the City Council approved Reimbursement Agreements 80-S1 and 80-Wl authorizing a maximum refund of $1,430.55 to -Mr. Samuel Moreno for Agreement 80-Sl and a maximum refund of $1,654.12 to Hr. . Samuel Moreno for Agreement 80-W1. Funding Sources Sewer and water fees have been received from one of the adjacent property owners, thereby making these .payments to Mr. Samuel Moreno feasible. PEC:DN:jy I REIMBURSEMENT AGREEMENT SEWER MAIN CONSTRUCTION THIS AGREEMENT is made and entered into this 28th day of May, 1980, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SAMUEL P. MORENO, an individual, hereinafter referred to as "MORENO. " R E C I T A L S WHEREAS, SAMUEL P. MORENO, pursuant to his agreement with CITY, has, in conjunction with THOMAS DONAVEN, PHILLIP COLLINS and FREMONT WOOD, at their mutual cost and expense, constructed 673 lineal feet of 8" V.C.P. sewer main, two (2) manholes, and one (1) cleanout, hereinafter called "FACILITIES" to serve the development known as 4791, 4781, 4821, and 4831 Los Patos, and adjacent proper- ties, including 4811 Los Patos. FACILITIES have been constructed in conformance with the plans and specifications approved by the Director of Public Works of CITY; and FACILITIES have been dedicated to CITY; and CITY now desires to reimburse MORENO for a portion of the cost of the construction of FACILITIES as provided in Huntington Beach Municipal Code, Section 14 .44 .090 . AGREEMENT NOW, THEREFORE, in consideration of the covenants and agree- ments herein contained, the parties hereto agree as follows: 1 . 1. CONSTRUCTION. MORENO has constructed FACILITIES at a total cost of $11, 670. 89, to serve 4791, 4781, 4821 and 4831 Los Patos and ad- jacent properties, including 4811 Los Patos. Attached hereto as Exhibit "A" and by this reference made a part hereof, is a map of the area served by FACILITIES. 2. DEDICATION. MORENO has dedicated FACILITIES to CITY. 3. REFUND. The maximum refund to be paid to MORENO under this agreement is as follows. 30% total job cost of FACILITIES . . . . . . . . $ 3 ,501 .26 Less MORENO' s portion . . . . . . . . . . . . . . 1,430 . 55 Gross refundable . . . . . . . 2,070 .71 Less 10% per Code Section14 . 44 .090 (c) 207 .07 Net refund . . . . . . . . . . . . . . . . . . . $ 1,863 . G4 Refunds shall be payable for a period of five (5) years from the date of MORENO' s application and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off- site construction costs. 4 . CERTIFICATION TO FINANCE DIRECTOR. No refund shall be made by CITY to MORENO until the Director of Public Works shall certify in writing to the Finance Director that MORENO is entitled to a refund by reason of con- nection having been made to FACILITIES in accordance with the Huntington Beach Municipal Code, and that CITY has received the sewer fees from the area served. 2 . 5• SUBSEQUENT DEVELOPERS. If a developer who develops property served by FACILITIES constructed by MORENO is required as a condition of development to construct additional facilities , CITY may allow said developer credit toward the sewer fee consistent with this agreement ; and rio fees shall be due MORENO by reason of such construction and credit . _ In the event CITY does not require a developer to deposit the sewer fees with the CITY prior to or concurrent with develop- ment , CITY may enter into an agreement with said developer statinr", that said developer is obligated , not only to the CITY , but to MORENO and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with CITY. 6. LIABILITY OF CITY. 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 service fee for connecting into FACILITIES constructed by MORENO. CITY' S refusal to allow any connection or connections into FACILITIES constructed by MORENO shall not make CITY liable for• any refund which might have accrued to MORENO if such con- nection had been permitted. 7. 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 MORENO for refund because of said connection. �. ATTORNEY 'S FEES. CITY shall not be required to pay attorney' s fees or court costs for any breach of this agreement. 9. ENTIRETY. This agreement contains the entire agreement between t1-:e parties hereto. IN WITNESS WHEREOF , the parties hereto have executed this agree- ment on the date and year first above written. CITY OF HUNTINGTON BEACH , a municipal corporation Mayor ATTEST : APPROVED AS TO FORM: it C erk y City Attortfley REVIEWED AND APPROVED: INITIATED AND APPROVED: C iA Administrator Director of Public Works SAMUEL P. MORENO , an individual /91 By ci,►'.LC�, l l `mot;- SAMUEL P. MORE1140 PLANM Q ZONING DM 34 SECTIONAL DISTRICT MAP 29-5-11 ADO-ED MARCH 20.1960 CITY OF C:,T, COUNCIL ORDINANCE 1,0 924 LCG'END. ±VENPER. pAR_jjj AMENDED oqo.NO 6-24-63 976 4z" -.0 1-:0 1 "6 3 HUNTING-TON BEACH 0:8-63 019 N, 1415 i4 4 ORANGE COUNTY, CALIF'ORNIA AMENDED BY ZONE CASE: :121 32.490,6 ....4 2 19: 9 4 WARNER 4...'E wC Stpc T R 1 3 R 3 R 3 3 R I R3 R I R3 C4. l ---- ' 4a EDUEwniFltRI RI R2 R 2 2 R3-19 RI R: RI C2 CF-R .SAT(nLv RA+ (.Lf '�.R 3 RI 51 RI j. ALAUfnNDR RI RI CF-R R I "RI RI ROS RI R R I WARNER Ros AVE. R2-PD-14',ram ' ..� \ / �_ .10 0 0 C, '460 '00 ///9/r X I'loss,WeR)