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HomeMy WebLinkAboutWarner Avenue Townhomes, Ltd - Reimbursement Agreement 86-D2 Sk3©b cce.Aiie& 'tc 5 cdcw," es d� :. R.k. jxA REIMBURSEMENT AGREEMENT 86-D2 FOR STORKS DRAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND WARNER AVENUE TOWNHOMES, LTD. THIS AGREEMENT is made and entered into on this day of OJ AJ 19 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and Warner Avenue -Townhomes, Ltd, a California limited partnership, hereinafter referred to as "BUILDER" . WHEREAS, BUILDER has at its own cost and expense installed storm drain improvements, hereinafter referred to as "FACILITIES" , for the benefit of Tract 12410, in the City of Huntington Beach; 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 156 lineal feet of 42-inch R.C.P. storm drain, of which 156 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 ( 1) agreements herein contained, the parties hereto agree as follows: 1. CONSTRUCTION BUILDER has constructed FACILITIES at a total cost of Eleven-thousand, Four-hundred Forty-eight Dollars ($11, 248.00) . 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 Five-thousand, Three-hundred Eight Dollars ($5, 308.00) , plus legal interest accrued hereunder to the date' of said reibursement . 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. 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a (2 ) 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 In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney' s fee, to be fixed by the court, shall be paid by BUILDER in CITY' S favor . . 7. ENTIRETY 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: WARNER AVENUE TOWNHOMES, CITY OF HUNTINGTON BEACH, LTD. , a California limited A municipal corporation partnership of the State of California By: Thomas G. Cole-General Mayor Partner ATTEST: APPROVED AS TO FORM: 64f!. C<GL G ( t City Clerk City A t t ey 7REV]I7AND APPROVED: INITIATED AND APPROVED: i y A ministr tor- Director of Public Works (3 ) •N M ,N o LYNN 0 h 8 g R ' dy r h , N TRACT 1 2 TRACT TRACT 90 ed. r „ w a4 '' ? ad-2 /.03 AC. 45 Q ^ LOT 2 LOT lu 43 01 BL K. /8 m N ' 42 41 Lo Q 2 - N ./2 AC. N � p 1 �o NO V 6 co �- 4, PROJECT 939-54 35 r &K. ? 3z O `. Of 34 33 17 5.051 AC. O � pc 30 U,: [OT • N - 29 r .. 4. 70 28 ►. 27 , n - NO 11104 r ' r• O 16 A � Y 26 •*,gq� LOT RM.. /45-55 PM.W4-/4 P.M. 158-3/ O 2 g R S/MS:j to S ol „i,4litd. MARCH 1982 TRACT NO. 86 MM /n-_3.5 .�� Iifl- l1/ ��n*r. rrr_rri+..:; 'e,.,, •, LJO CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 7, 1986 Warner Avenue .Townhomes, Ltd. % Casa Linda Development 4609 E. Anaheim Street Suite B Long Beach, CA 90804 Attn: Vince. Cole The City Council of the City of Huntington Beach at its regular meeting held Monday, May 5, 1986, approved Water Main Re imburse- ment Agreement 86-Wl and Storm Drain Reimbursement Agreement 86-D2 between -Warner Avenue Townhomes; Ltd. , and the City in ` conjunction with Tract 12410 which establishes maximum reimburse- ment of $5,595 and $5,308, respectively. Enclosed are copies of the agreements for your files. Alicia M. Wentworth City Clerk AMW:bt Enclosures (Telephone:714536-5227) REQUES . FOR CITY COUNCI: ACTION Date Ap r i l 21, 1986 Submitted to: Honorable Mayor and City Council GJv -Submitted by: Charles W. Thompson, City Administrato �t � Prepared by: Paul E. Cook, Director of Public Works Subject: Water Main Reimbursement Agreement 86-W1 \ 11 Stor Dra Reimbursement Agreement 86-D2 for Tract 1 410 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Act i ns, achments: Statement of Issue: Warner Avenue Townhomes Ltd. is seeking approval for reimbursement of off-site water main and oversized storm drain construction. Recommendation: Approve Reimbursement Agreements 86-Wl and 86-D2 , which establish maximum reimbursements of $5 , 595 . 00 and $5 , 308. 00 , respectively. Analysis : In conjunction with Tract 12410 , the developer is required to construct 155 lineal feet of off-site water main and 156 lineal feet of oversized master planned storm drain. These facilities will serve future develop- ments in the area. Therefore according to the City 's Ordinance Code the developer is eligible for reimbursement as funds become available. Funding Source: Water reimbursement shall be from fees collected from the adjacent property owner when he ties into the facilities . The developer will be reimbursed for the storm drain from the Drainage District fund. Attachments : Reimbursement Agreements 86-Wl and 86-D2 CWT : PEC:WAP:dw W PIO 4/84 CITY OF HUNTINGTON BEACH White City Attorney RENEST FOR LEGAL SERVICES con Pink ry CCity ity Clerk Administrator Goldenrod Departmental HLOMNGTON BEACH Date Request Made Depa71we. ¢ - It. N_rA PoFF - X 55l o �/ar2K-s. INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney.Out- line briefly reasons for the request.Attach all information and exhibits pertinent to the subject: Type of Legal Service Requested: [ 1 Ordinance [ ] Insurance [ l Other [ ] Resolution [ ] . Bonds I�Q -6errereet Agreement [ 1 Opinion All exhibits must be attached,or this request will be returned to you. pQ Exhibits Attached PL_ERSG 'Two (2��M8�R5EM�►vT {�C- MINTS C' / STORM I)P ik I ra AG;?Z�t-_N T FOP, 0_0AJ STRv�T►ON �TOTlr L CVrJST, COS-C = I l 124� L e S S dRkN F,&e Fss us-o rr- S I1� 4 0 WpirmR HG-RamMlffNT W 1 V0Z CoNS'iP_veTlo►J �F -�©T�� R�tM�v R�l�l�►.TT � � 5,sq S TAlez--E A4R%R1r=iIuA1eI9T S q•PE 1 N CO N:Tv N=I 0 r`7 I„j t-Ok -"kG COlvs-Vp,-,jCr N oip ��W N►-�s . -�o� Tom, 1Z41 O 1�_1aPrSE Cam.\- M F l 7_7 yo tj AtN311-i QV STj oN S , If for Council Action, if not for Council action,desired completion date Agenda deadline Council meeting a PIO 12/79 J I REQUEST FOR ,LEQAL MUM - QON1HAC1 PREPARATION 1 . Name of Contracting Party �OGuNt OH(5< L(M cTDA� T 2. Capacity of Contracting Party: (Check one) 1 ) ( ) Sole proprietor 2) ( ) Corporation 3) ( ) Unlimited partnership 4) Limited partnership 5) ( ) Other (State) es.� nn 3. The purpose of ttii agreements is is -�Or Oon ry �oc� e� Overs� Z,\am T T 4. Who will sign the agreement What is his their title GaMrSR L- EARTNE"R What is their authority to sign* ( ) Owner (yq General Partner ( ) Corporate officer 5. What is the duration of the agreement.__years/months(circle -One) No . 6. What is the consideration for the agreement (who pays whom and how much?) 7. When and how are the payments to be made (all in advance,- all in arrears, progress payments, . etc .?) 8. Who will approve the agreement for the city initiating '. department? Name, Title * SEE 2. ABOVE - If 1 ) is filled in' then owner signs ; if 2) then President/vice president Anj Secretary or Treasurer = copy of authorizing action of board of directors; if 3) or 4) one or more of the ggperal partners. g. Have the procurement ordinances and charter provisions been complied with? Yes/No (circle one ) u /k 10. What special risk to the city is involved in these agreements? 1 � ( ) Food & Beverages served, ( ) Construction work, ( ) Motor vehicles used, ( ) Maintenance work 11 . What is the latest this assignment can be completed by the City Attorney to meet your deadline? /B Sao ( ate) 12. Does the other party desire the city to provide indemnifi- cation? Yes (circle one) Why.? 13. Has :.thp other party been advised as to the city 's require- ments in regard to worker 's compensation, insurance and the indemnity (hold harmless) agreement? Yes/No (circle one) Have y_qU handed the other party a copy of the current reso- lution and certificate of insurance blank to be filled in? Yes/No (circle one) 14. Who is our contact at the other party to resolve the con- tractual problems? Name jt`lO-C- CO LE Telephone C2 3� � - Z9 2-9 Title JAJ�Z-rN 15. Have you attached a copy of the "work statement?" Yes/No If not, why not? 16. Are any State or Federal funds involved? ( ) State ( ) Federal All requests must be approved by a department head o the City Administrator . (approved) 29 JAr � H N N LYNN 7-7 O C ,� N ti 1 2 TRACT TRACT TRACT Q -03 LOT 2 y „ LOT y ✓ Q BL K. 18 Q W 56 b Q t' d 4Z r w 41 r .. ✓ y „ nt O " 39 ��r v N i/2 AC. 40 �J 36 57 CV 330 . 3� t- NO. 86 60' 2 PRo lECT 939-54 35 8L K. W O 32 a 5.051 AC. 33 ^ co LOT .3 r 31 ✓ 28 27 NO. 11104 II 13 L16 3 O " Q ^O 23 24 ✓ n.. 12 ✓ ' 71 20 ZI � 20' 7 10 Y w Lor / 15 ✓ v -ARM. /45-35 P.M./24-/4 P.M. /58-3/ O 25 S/MS MARCH /9B2 TRACT Nn RF �u,u 0 in_ is 2c „n_ 1D -•_-- -- - SUBJECT I"lE IM. Arspo euww m eL W' 7k• 1 L 4-(0 HE3 l_J.FF .S M W A-M*-- DATE-" CC NO. Tmw S-r 8" help = 2,g4s VAw E E A. 4-00 = $ 4 00 8" oT -TAP EA _ CHKD.BY DATE . SHEET NO. OF l LONROY P.O. Box 797 Trabuco Canyon, CA 92678 (714) 858-9314 License #220397 � TO;_C�IC},CjA h I�t L)A DATE: 3 aY 6 hereinafter called Owner ,4 t7E ,E.�vnrr�N6�o�v B�,4c%f �21 y91 - .2 qP LONROY, a duly license cYMany, hereby proposes to construct in a good and workmanlike manner for Owner, subject to tetras and conditions set forth herein and on the reverse side hereof, the work as noted and defined for the unit prices as set forth below: �? a rn A ` o` Red �s_0a o) 5� _ 9a�� �V 17 D C p T °` �C2 71 s'r - 3/ /9 (,3 66, " a�sFme�y ,a y 3 d� o7 fl t4pass S o e on the following /ndescribed real property:Tract Lot in the City of Counh of�C�efl� �--. California. 1, Owner agrees to pay to Contractor for said work listed above a sum based upon unit prices set forth herein extended by tluantities as actually installed. Owner shall pay ninety-five per cent (95%)of each invoice upon presentation. The retained balance shall be paid to Contractor thirty (30) days after completion of work covered by this contract, or at such time as the sewer, water or storm drain system is used or connec- tion made by Owner, or his agents, representatives or successors in interest, whichever is sooner. Lnre payments shall be assessed interest penalty at the highest allowable rate. 2. Contractor shall at his own expense carry all Workman's Compensation Insurance and Public Liability Insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of Insurance shall be filed with the Owner if Owner so desires. (additional conditions on other side.) Acceptance You are hereby authorized to furnish and install the above equipment and materials at the price and under the terms and conditions as set forth above on the reverse aide hereof: Owner By Date Accepted 14 LONROY_Engineer.4 Contractors I f t i v LO N ROY Y�lr! .. - P.O. Box 797 Trabuco Canyon, CA 92678 (714) 858-9314 License #220397 TO: l.. nSJ A_ ulynA DATE: 31144 y hereinafter called Owner 0- A-A)A t► P_r ym S r. S7E-R w A RtJ E t2 beu;_:J la ►l�G ,�E A�.l� • C.�. 9 Q 4'D� N-u1►�!T i NG To 1v .��G6¢- LANROY, my icensed cc any; hereby proposes to construct in a good and workmanlike manner. for Owner, subject-to teens and conditions set forth herein.and on the reverse side hereof, the work as noted and defined for the unit.. 1 prices as set forth below* , ( cohhev-e fi-o_m pLar 33• 00 0 Z00 0.. �C.. t3�• 6 A c P 30 bkOP A14 -O;Fi/ (0 'r2.tr (Lay 3� x �o 1) 1/0y �%. r VCP , F wN�' rnerl� JtJ n/D PEi2Mt_v-rJF-N7' P4k)JN6 P7D PERM 173' NU 1I.. p ^^t, on the follow in g deacribbqed(reel roperty:Tract Lot in the City of N-UNT1 rJ6 To M Fi£AU-4 Cnunth of California. 1. Owner agrees to pay to Contractor for said work listed above a sum based upon unit prices set forth herein extended by quantities as actually installed. Owner shall pay ninety-five per cent (95%)of each invoice upon presentation. The retained balance shall be paid to Contractor thirty (30) days after completion of work covered by this contract, or at such time as the sewer, water or storm drain system is used or connec- tion trade by Owner, or his agents, representatives or successors in interest, whichever is srxmrr. jstt•e payments shall he assessed interest penalty at the highest allowable rate. 2. Contractor shall at his own expense carry all Workman's Compensation Insurance and Public Liability Insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of Insurance shall be filed with the Owner if Owner so desires. Acceptance (additional conditions on other side.) You are hereby authorised to furnish and install the above equipment and materials at the price and under the terms and conditions as set forth above on the reverse aide hereof: Owner 9y Date Accepted: 19 IZINROY'Engineering Comtrac s