The URL can be used to link to this page

Home My WebLink AboutDOYLE DEVELOPMENT COMPANY, INC - 1967-10-02a , I a 3 »a 74 , Aw 1WRIGINAAL COPY k V for kjaew,'_�r r � File4 ACT got V__/( tl{ INW, NIED CLERK . 1 Draf mil} AT*& So. 4 TH' S ,t1MEMENT, dated this 4,12 Uy of l.a',�r,d,�,�,.,.�,� x9 , by an,! C11ri OF HVl.�`fINGTON BEACH' a mnicipaal corporation hereinafter for convenience referred to ids, CITY ,t DOYLE DEVELOPMENT CO.v INC. 1333 South Euclid Analietm, California BUILDER - W1TNESSETHs WHEREAS' Developer has filed application with the City of Huntington :Beach for construction of Shields Drive Pump Station in colljip rti.on wink. the development of Tract. 4823 as delineoted cart the irnprovemeut plant for Shiel4s- Drive Pump Station and Trudy Lane Storm 1Dreaiu in drainage Area No. 4; and WdE EAS. Developer has, at: his own coat and expense nonstructed uaid y x'ork .all in Conformity '41th the plans) specikid�tions and proviyious as approved b� the Directd; of Public Wcrke� andt WHEREAS9 construct4on of said work hes been it conformity to at. applicable (, chapter of the Huntington B6sch Ordin4upt Code;_arnd WHERVASp Developer is entitled to reii�bursi nt for perfoi-wed following the coi_.I�tuction of theseworks, said reitobursement +tct be made as ,, agreed herein. NOWT THEREFOftj ,r cotns�dexatio t of the promises azd the sgreaments hersft, contained, ,-t4a pave agre a as follotrsa' 1. That upou cmMletiou of the work] Vt.,portione ther4�of 'be'arein described, � - by tha Developex, to this £uy l "tlsfection of 'the Director of Public Worics -� and oh its being accepted 'by the 'Zity of Hiintiugton Beach,, Developer shoxlk ` ' , I 1 No, ,» m —7 " 1(2 4~ At qWVWVrM Aft I c v be entitled to raimbursement for drainage fees pai.i-at the time of development, � S` of lands tributary to this storm drain] snore xoecificaltyo tpt not lisuitcd to drainage fees= based on Area Noe 4 at the rate of $716.8886/a4re for"the pump station ar�d for the stdYtu drain facilities. (Refer to Exhibit "Alt .attasWh:.id ' hereto for area a,:rved and Exhibit IVI .Lach+ed hereto for determination of acreage f6e. )- ?t 2. Th, at the facility under construction by Developer in drainage area, No. 4 fox which refunds are hereby agreed to be.,paid as followss Shields Drive Pump Station and Trudy Lane Storm Drain 3. That the cost to Developer to date for construction of this facility is estimated to be as follows i Storm Drain and Pump Station construction ffi �1891368..69 7-iis figure represents $194,968.69 less $5,600 paid to Doyle Deveiopment,�''Co. � by u 4243.E 4. That:,fihe Developer at the reques4.-of and in the,'best interes}—`,��the ;r City has uniler construction this facility sized requitPments., and for „p which the City has agreed to participate in the amount of NONE.. 5. That the refund to be paid the Developer under this agree:•,ent is as follows t Refund credited by construction of Develogti�re�s t1ur. y so,followss. Tra .t Acres Amount 5929 19.071 $13,67.79; 5536 22.951 16,453.31 5460 26.256 18,822.63 5450 20.034 14,362.15 1832 10.585 7,588,27 ri 5833 9.396 69 735.89 5834 9.155 6*993.25 5786 10.328 70404.03 r 6136 7 on 5,654.10 4881 = 24.203 23:. 218. 42 ... w 5.005 3 a80.03 5440 , \ 4823 8.015 5rp745.86 4883 27.901 Totals 205,387 $147'j 7.+39.64 Nf c'Rei'undabl"e-1-,,a,129.05 ., i �< - u Ih c rh.y":: .xK " +t "Sr ,rt � 9 •'',t •;y.. "F l �+: ,ii. i s.+t:3 er.e.w.w+.w..+ . 41b/f7..1pYKigtApNia..iWwlct:::av ' 6. That refund shall be mde by the Clerk of the City of Huntington r` Beach, upon certification by the Director of Public Worksq to the Developer as the work progresses to the extent that funds are available from drainage fees collected for service by this facility. I 7. If additional users participate in drainage facilities in drainage t I area No. 4 in the future the drainage fees the a* will be distributed to a S y pay these individuals or entities, that have previously contributed to the cost, of the drain, in proportion to the cost born by each such individual or entity. 8. City shall not be liable for payment of refund by reason if its failure to collect or receive from any person or entity the drainage fee. However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest nf Developer, either individuals or entities, j whohave previously constructed drainage facilities, by the collecting of the drainage fees, either prior to or concurrent with the approval of any final maps within the drainage area, if a developerp who is within the drainage ar , area, is required, as a condition to the approval of a ten2a.tive or 'a final r map to construct drainage facilities within the drainage a.na, City may allow I said developer credit towards the per acreage :gee consistent with this said agreement; City further agrees to furnish a copy of this agreement to the ' developer of any properties in the drainage area. 9. In the event City does not require a developer within -the drainage = area to deposit the drainage fee with the City prior to or concurrent witty the approval of the tentative or final map, in that event City will prow -ode `< J in any agreement with said developer t"stat said teveloper is oi,igated not only to the City but to the developer, €adividuals or entities who have previously - contributed to the cost of construction of drainage facilities within the t drainage area; said agreement will further provide that in the event that it � becomes necessary to institute legal p oceedings$ either by the City or by Cc iJ the developer who has pre,-tiously contrit:.tcd to the cost of drainage facilities, to enforce the rights of the parties thereunder that the prevailing party shall ' be entitled to reasonable attorneys fees;. provided, however, that the City shall not be requirwd to pay the attorneys fees for any of the patties. � ti �� a a r r97i;' , dg ..rev.r�,r yN-16h'•asa�ee�tsit�t�seo,.�w�f. r awaffillaim FLINT' QR m{1NTEC8 ID on , i4 ALM 1 DC EDGITMGI�T 41 E:IJt r=, f fir M SHAYULU lrE c�IfcRD1rE zq� G j 'r,'.`�r,• , ' '. f kiSJneA % 4 e4{ ' A t r'* ' � � :.JEAN �. i • SISHQP _. �.. WERE CFL t C RRIN CDR s ANNETTE R; � _ � � PEGGY 4-1 KENDRIi`K CR, BRAD SUMMER&OLID DOYLE DR' ��_ '". r'�` fARINELLAr LN.DRJ A ;— �- -j m -if[ � *14, -15� 0 IMP' 5 IELDS DR ,a, ` PROPOSED 0 C F C D 0. ">,,,.wQ,.. .,«..,.,...w-,... ...w .> ......,.. Via. e...,..,,.,::... 1 9 ., , ,.,... y. - . , t t. { _ A M 1i r AIA \, MOLUTION NOS A RF GLUTTON OF THE CITY COUNCIL OF i'UMING'KNI . BnC141 AUTHORIZIM TPE WENl7IME OF 1IDNEY FROM THE , I A I S T RI CT 4 FUND., WWXA,S,, thm �: ity Coutntil, of the City of H=tington Beach bAs . adopted a. Budget for the..F seal Year.- .g Z:. ,B y Ordinance Ito., -,;;cry and REAS, Section ...,�,.�.d,_.....,of said Ordluaxnce No. 1.336 i provides the procedure for euthoriaing exponditures !fir» the several Special rands mentiono4 in .id See'tion ..� �. .F and WMREHS, the D'rector of public, c Works,,,a;tnd the , City have recommended at a "ndi:ture, and ; MMEA-5, the City Qouuncll: hereby approves said recommendations,, BE IT TiIMUOREk SOLVED that an expt►nditure. i.n the amount of " Fiftoen Thousand Six Hundred Fift,--two 7 /41marra ( 15,652.75 � `l is hireby autiht, �cL,,Am ):i meck6 from the rta.4 t District N0d. Fund payable to )2o:j'e D VelbDment Cow �4u k performedT)er Reimbursement Agreement No. 144. ra... ....»,...�.... ....... . It wj... _........ k...:..ia.., .. _