HomeMy WebLinkAboutDOYLE DEVELOPMENT - 1978-08-07for Master File
BUST BE RETURNED
TO UTY CLERK IMBUPSEMENT AGREEMENT
2 Drainage Areas 5 and 5C
4 111 THIS AGREEMENT, entered into by and between the CITY OF
: (T iTTTNGTON BEACH, a municipal corporation., hereinafter for
5 convenience referred to as "City," and DOYLE DEVELOPMENT CO., INC.,
7 a co-poration.,
8.�
l(
�;.
11
itPHtREAS, Developer, aL bis own coot and expense, has
r
12
con,,3t ucted s special retaining wall in t1ne city o-e Huntington
� 'r
$
13
Beach in con unctioii with „ne development of the c1t
sir
`
E
4
C5---3C2 Drainage Channel as delineated on 'tie 141a�ter Plan Drainage
15
Study In Drainage Areas 1,71os . 5 and 5c, in conformity with plans.
la
specifications and provisions approved by the Director e.. Public
17
Works of City, and in conformity with applicable ordinance-- of
IS
City,, and
19
r
Pursuant to ordinance, revelop .: Is entitled to reim--
20
bu2^so?'tent or tie �^.C9zta and expenses of constructing said retaining
2:L
wall,
22
NO'W, TFERiEFOR , in consideration of the premires and
25
ag-eements herein contained, the parties do hereby agree as
24:
followst
25
1. Upon ecmpletion of th,- retaining wall nereinabckve
„a
2G
described i:i, .accordance with plant approved by the W re e k or
27
of Pub -lie Works and the acceptance of such retaining wall by
the clf * of Huntington Beach, Developer %ball be relxburset the
oostz and expenses of construction of �, ait! retaining wall.
3 ..
Z. Tine- anount of reLunbursoraent to Developer pursuant
r
31
to this afire-ement is Five Thousand Nine Hundred Zixty Dollars
32'i
•'
�M,
filliluy
{k?ffi�tt0�u+ w`z.1._rti:7dlir"Sn.-rr.... ....ear'SSfb�41,�9Lt�S�SNa^'slYktiiY::. a ...., .... . .t.
z
2
3:
Credit for construc-11^7n of Develoy „-1s
Tracts : t?
City participation in cast of
( u
f5
Net reim,3ur5.?able,. $5,00.
3 Reimbursement to Developer snail be made from drainage
7
fees collected from developers of other lands in Drainage Areas
8
Nos, 5 and 5C at vhe rate of Six Hundred DoIlars '$600) per
a°
k
S
acre (see 1-t ib t "A" for arep•;, ^'F-,ved3 _provided that if said
�
IC
other developers construct or participate ire the construction of
11
additional drainage facilities to Areas `i and 5C, the drainage
12
fees due from such devc7.nners ray Le reduced by the am..sunt of
13
the costa raf such construction.
If subsequent developers construct or participate in
10
the construction of drainage facilities in Drainage Areas as Nos.
16
and 50, t),e drainage fees collected thereafter will be distrib--
17
uted to developers, individuals or entities that ha're previously
IS
P
contz1buted to the cost of constructzrp, drai.nare f,%;illtiL ,
19
3n proportion to the resst c borne by each such developer, individ-
20
ua.l or entity.
21
5. Reimbursement small. be made by the Finance Director
of City upon certif'catior by the Director of Public ?forks as
23
the word: progresues, to the extent that funds are available from;
;
24
drain,ase fees collected as her,; i.nabo*re provided.
City fihall not be liable for ra mbursement by treason
+,
26
;.)f City►s failure to collect or receive from any developer,
,<
27
I-ndiv:tdual or en City any dralnage fee � Hoifever, City a.grep-7
28
that as an ax.. l istrative, legislative yr quasi-judicial body, it
29
wIll, protect the it serest of developers. who have previously
C
oz at u tezi arainage fariliti.e,. by oollectin the drainage fees, '
41
oLlvjeot to the limitation in Paragrapii 11, eitner pri.ot to or
cotiourrent with the approvA , of any final. maps �ai thin the drnage
20
i
M
I area. City further agreos to furnish a 4ory of xhxs agreement
2 to any subse=uent developer of properties in the drainage areas
3 7. In the event City doas not require a developer within
4 thR drainage areas to deposit the drainage fee with the City,
5 subject to the limitation In Parhgraph 4, City will provide in
y
an agreement with said d—veloper that developer ie obligated not
7 only to the City but also to Developer who has previously contrib-
8 uted to tote cost of c-onstruction of drainage facilities within
ti
9 ti-,e drainage area. Said agreement will further provide thdt in
10 the event it beccmes n�.cessary to i.ns"i titte legal proceedings
11 to enforce the rights of the parties thereunder, the prevailing
12 party shall_ be entitled to reasonable attorneys fees, provided
lw however, that the City shall mt be required to pay the attorneys
t 14 fees :for any of the parties. It is understood than: City is not
Ia required to instyt=.zte legal proceeding,to protect the interests
x6 of Developer, but may do so.
17 8. In the event City must cono;ruat t4ditional. drainage
S facilities within this drainage area, City may use funds avail-
9 . able or reimbursed from drainage Fees collected wit' -4n
20 Drainage areas 5 and 5C for cons ,.,- fiction of said additional
23- drainage facilitiea pricer to fulfilling this �.g<eement.
22 D .TES } l eq,.
94 CITY OF HUNT ,10TON BEACH i
25 a .Mt ni,Qipal corporation
i
7 klayor
ATTEST:
APPROVED A8 TO FORX.
C
�l
City Attorney
i
l
i
1
p
,
1
DATED `/7l✓'.
2
DOYLE DEVELOP14ENT CO., INC.
a corporation
By_ ..4�
Peas deny
Secretary-'
10
12'
` 3
*r
15
r.
k
y
16
17
13
n'
19
20
zz
23
2
t:
26
t .
2
28
3
i
NMI
,ram t
i c ,' i::t t•§ t VA ts^ {' 4. i r ��'h 'k h S w.�.i L./VTO
..+�..�-..--+-
t
j! J L J t'� L,
k
11, N
Ni
+,aae.g - 'a.t.?�E � , 4 � ++h.«. ?� «R.b''»13.A"1< .. �' .3..+ `i � • ` -.+w �� �' � �� ^,,,,.,..�.�..[ -
c»«+s,.,w:.
.Y UN�«+++. �'�rxH � ',4. 'f� ir✓. �W%ev.T 'k ��♦ w �. h � 4 � .. ,Y Y���1 �'Y
_ # ° ;4 *"•wrr 'm`a.�. �`s'�j+r � 7,q { `!?",y air{' .77 � g�ae •e
i.
i y♦ t ' `�`
9ilky
F_
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 9264S
ENGINEERING, vEF AMUENT ,
February 24, 1970..,
�u � t
Honorable Mayor �
and City Council ,
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement Agreement No. 70-D5
Storm Drain :Facilities in 'Drainage
Areas 5 and 5C
Gentlemen:
Transmitted herewith is Reimbursement Agreement No.. 70-D5
in the amount of $5,960.00 for storm drain facilities can-
strucfied by Doyle Development Company in Drainage Areas 5 and
5C. .
It is recommended that your Honorable Body approve the
agreement and authorize the Mayor and Clark to execute same.
The copies should be returned to this office for ttansmitt4l.
Very truly yours,
.leaned R Wheeler
Director of Public Works
3R ae
'Trans.
Is
a ..
2
3
4
5
6
7
8
9-1
10
11
12
13
14
15
16
17
IGIIi1,��
for Masten File
MUST BE RE I URRED
�.. r
TCRK
O�� '� REIMBURSEMENT AGREEMENT
Drainage AreaF 5 and
TFTS AGREEMENT, entered into by and between the CITY OF
HUNTINGTON BEACH, a.municipal corporation, hereinafter for
convenience referred to as "City," and DOYLE DEVELOPMENT CO., INC.
a Corp ration,
W I T N E S S E T H:
WHEREAS, Developer, at his own cost and expense, has
constructed a special retaining wall in the uic;y of Huntington
Beach in conj unct.'.on with the development of the city -owned
C5-SC2 Drai.r--e Channel as delineated on the Master Plan Drainage
Study in Drainage Areas Nos. 5 and 5c, in conformity with plans,
specifications and provisions approved by the Director of Public
Works of _City, and in conformity with applicable ordinances of
811 City, and
19 Pursuant to ordinance, Developer is entitled to reim-
220 haulsement of the costs and expenses of constructing said retaining
i
21 v,,all,
22 NOW, THEREFORE, in consideration if the premises and
23 agreements herein contained, the parties do hereby agree as
24 follows
25 l Upon completion of the retaining wall he einabove I
26 describod in accordance wi*�h ,fans approved by the Director
27 ! of Public Works and the acce tance of such retaining wall b
j p g y
28 !l-+ the city, of Huntington Beach, Developer shall be reimbursed the
29 costs and expenses of construction of said retaining wall.
30 2. The amount of reimbursement to Developer pursuant
31 to this agreement is Five Thousand Nine Hundred Sixty Dollars
32 ($5,960).'
3P_1 1AJAC7r 70-D5
I � 1,
Credit for construction of Deve<_oper's
2 Tracts: -0-
3 City participation in cost of j
4 constructicn: -0-
5 Net reimbur3eab'le: $5,960.
6 3 Reimburse~-ent to Developer shall be made from drainage
7 fees collected from developers of other lands in Drainage Areas
i
8 Nos. 5 and 5C at the rate of Six. Hundred Dollars ($600) per
9 acre (see Exhibit "A" for areas served), provided that if said
to other developers construct or participate in the construction of
11 additional drainage facilities in Areas 5 and 5C, the drainage
12 fees due from such developers may be reduced by the amount of
13 the costs of such construction.
14 4. 1.' subsequent developers construct or participate in
15 the construction of drainage facilities in Drainage Areas Nos.
", 5 and 5r, the druina.ge fees collected thereafter will be distrib-
ill u;ed to developers, individiials or entities that have prev4ously
18 contributed to the cost of constructing drainage facilities,_
19 in proportion to the costs borne by each such developer, individ-
20 ual or entity.
21 5. Reimbursement, shall be mad, by the Finance Director
22 of City upon certification by the Director of Public Works as
23 'the work progresses, to the extent that funds are available from
24 drainage fees collected as hereinabove p.�ovided.
25 6 Cray shall not be liable for reimbursement by reason
26 of City's fall.ure to collect 'or receive from any developer,
27 individual or entity any drainage fee. However, City agrees
28 that as an administrative, legislative or quasi-judicial body, it
29 S_will protect the interest of developers who have previously
30 constructers drainage facilities by collecting the drainage fees,
31 subject to the limitation in Paragraph 4, either prior to or
32 concurrent with the approval of any final maps within the drainage
t
5
L..
1 area. City further agrees to furnish a copy of this agreement
2 to my subsequent; developer of properties in the drainag(. areas.
3 ?. In the event City does not require a developer within
4 the drainage areas to deposit the drainage fee with the City,
5 subject to the limitation in Paragraph 4, City will provide in
6 an agrc.:_ment with said developer that developer is obligated not
7 only to the City but also to Developer who has previously contrib
8 utedto the cost of construction of drainage facilities within
9 the drainage area. Said agreement will fui-they provide that in
10 the event it becomes necessary to institute legal proceedings
11 to enforce the rights of the parties thereunder, the prevailing
12 party shall bu- entitled to reasonable attorneys fees, provided
13 however, that the City shall mt be required to pay the attorneys
14 fees fcr any of the parties It is understood that City is not
15 required to institute legal proceedings to protect the interests
1.6 a of Developer, but may do so
17 p 8. In the event City must construct aaditicnal drainage
i
16 facilities within this drainage area, City fnay use funds avail-
19 able or be reimbursed from drainage fees collected within
26 Drainage Areas 5 and 5C for construction of said additional
21 drainage facilities prior to fulfilling this agreement.
70
22 DATED � � � lg � .
23
24 CITY OF HUNTINGTON BEACH
25 a municiy al corporation
26 By
27 Mayor
ATTEST;
28
29 ' , ( _�2 0
City Cl
30 APPROVED AS TO FORM:
�Y
32 City Attorney
3•
DATED:
2 a
DOYLE DEVELOPMENT CO., INC.
a corporation
4
5 Byul
Pres dent
6
T By
Secretary
8
a
l:0
71
12
13
14
15
1$
17
18
19
20
21
22
23
24
wS
26
2,7
28
29
30
31
z> 2
4
�,...� r :,y � ,1 v •t X .,'3 -.. � � t .�: 4 ,,, �. �,�F Y �.. 7.�Yr t ,. ..
_( ros�':+r^w'q°.rv..':M +."„"`w �y-r-•.yn, a+r..urr �:x. � :�
.y
F � �
jr
10
S ii '• j[
Z-VI,-
GA EN
"���\•.---.,..1 i�..�..� r..r w`..J Ind L
5 C
_ y
.,.. .. -. ,. sue.. w""t ;........... ,.. � � ' S. a� r �' �,/�•- . � a..Y � t .e! .�.«i > �•�� ({
v--+-.-..•.e--.-.-..��,..1 � � J �,
I DID
r ' 4..-
` atity t r`�i r P'�'•y # irLL r ` ! t �i _
iir
OL
1 1 y :l.CG> r r�
HANNZL
fiIJcSE.,d9N4'C '.� 4_t'
scd(OL1.`1{{cr•.
! ,`� «..� ..+,raw..., ..+«.• ""°-'""""°""'1 rw.,.w.
' Y r
L-2 ? x "
4 4
r
P.O. BOX 1,9b CAL .FORMA 92M
ENGINEERING DEPARTMENT
February 24, 1970
�U
Honorable Mayor �v t
and City Council
City of Huntington reach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement Agreement No. 70-D5
Storm Drain Facilities in Drainage
Areas 5 anI 5C
Gentlemen:
Traasmit',ed herewith is Reimbursement Agreement No. 70-D5
in the amount of $5,,960.00 for sto,.in drain facilities con-
structed by Doyle Development Company in Drainage Areas 5 and
5C.
It is recommended that your Honorable Body approve the
agreement and authorize the Mayer and Clerk to execute same.
The copies should be returned to this office for transmittal.
Very truly yours,
James R. Wheeler 1
Director. of Public Works
iRWA:ae
'trans.