HomeMy WebLinkAboutKent Land Company - 1971-02-17a
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REIMBURSEMENT AGEEZXZNT FOR
STORM DRAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the CITY OF HUNTINsT'ON
BEACH, a municipal corporation, hereinafter for convenience referred to as
"City", and KENT LAND COMPANY, hereinafter for convenience referred to as
"Builder".
IMEREAS, Builder, pursuant to agreement with City has, at his own cost
and Expense, constructed storm drain, hereinafter referred to as facilities,
to serve Builder's subdivision Tract No. 6576 and adjacent properties in
District 7E and 7H, acid said facilities have been constructed in conformity
with the plans and sp!�cificatioas approved by the Director of Public Works
of City, and have been dedicated to City, and City desire, to reimburse
BuRder for a portion of the cost- of the construction of said facilities as
provided by the ordinance cede,
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as followst
Builder has constructed, at a total cost of $3Y,574.06 a storm drain
and appurtenances to serve Tract 6576 and adjacent properties. (See
Exhibit "A" attached hereto and made a part hereof for a :nap of the area
served) and has dedicated said facilities to City.
The refund to be paid to Builder under this agreement is as follows:
Total job cost of facilities $37,574.06
Lesst Refund credited by waiver of
fee @ $600.00 and $1,200.00 per acre 24,027.60
Tract Acre: A -mount
See Exhibit "B"
Net Refundable $139546.46
No. 70-D6
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No refund shall be trade by City to Builder until the Director of public
Works shall certify in writing, to the Finance Director that builder is
entitled to a refund by reason of connection having been made to facilities
in 4ccordance with the Huntington Beach Ordinance Cod*, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from &ny person or entity the drainago fee, However,
City agrees from an administrative. legislative or quasi judicial procedure
to protect the interest of developers, either individuals or entities. who
have previously constructed similar facilities. by the collecting fees, either
prior to or concurrent with the development, of any property served by the
.facility constructed under this agreement. If a developer who develops property
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities. City may allow said developer
credit toward the per acreage fee consistent with this said agr�Lenient; and no
fees shall be due Builder by reason of such construction City further agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities described herein.
In the event City does not. require a developer to deposit the drainage
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fee with the City prior to or concurrent with development, City will provide an
agreement with said developer that said developer is obligated, not only to
the City, but to Builder, and to developers who heve previously contributed
to the cast of construction of facilities constructed hereunder to deposit said
fee with City; and said Agreement will further provide that in the Event that it
becomes necessary to institute legal proceedings. either by the City or by
Builder or developers, who have previously contributed to the cost of such
facilities, to enforce the rights of the parties thereunder, that the prevailing
party shall be entitled to reasonable attorney fees; provided, however, that i.he
City shall not be required to pay the attorney fees for any of the parties.
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It is unUrstood that the City is not required to institute lr«al
proceedings to prol:,act the interest of the Builder, but wAy do to.
WITNESS OUR HANDS' AND SEALS the day, monch and year appearing below.
DATED this & .day of _&6-6jer's� w , 19ZL-..•
CITY OF HUNTINGTON BE.tiCH,
a municipal corporation
ATTEST:
BUI
KENT T AND CCNANX
APPROVED AS TO FORM;
by
(Corporation)
STATE OF CALIFORNIA
COUNTY OF_ LOS ANGEi�,S
On January 29, 1971 lw.fnre nie, the underAigncd, a Notary Public in and for said
State, prmonally appeored Jamelrl A. Hints.
w known to me to lie the— Vice Presieent, and Pata1 L. Farber
known in rno to he .. ... secretary of tltr corporation that executed the within instrument,
knnan to the to he the persons who executed tho. within
Instrument (in Iveltrif of the unrporation therein named, and
acknow1rdlied to me that such curporatiw+ executed the within
instrument pursuant to ita hy•laws or a resolution of its board.,r..«... ,«......................... r............... I., ................. .
of dirroors, OFFICIAL S:AL
WITNESS m ll tnd and of rial se Q
CARLENE QUEISNER
NOTAAr PLICLIC CALIFnpNIA
��P�'INt;IPAI, OFFICt: IN
CARIENE QUEISNEi totery I�uc • a LOS ANGELES COUNTY
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COMM, EXP. AVR. 23. 19. 71 • LU �.
NAme (Typed or Prinled)
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Ao undtrstanding wa-- rpachod on rainbuirsawat *41gibility and pimat *vW credit
)f Duainage Vcr- ior the above Tracts as foll"I
redit 6W,00/AC for us or plan construction
(W.02 AC` Payment 000.00/AC for a.V coast, by Sseurity Fort
Payment 650.00/AC,for station fees
Tr. 65"o r.redit 1200.00/AC for ow ter plan coast.
(15.013 AC) Payment 650.00/AC for station
Total Fees credited to this storm drain are 418 015.60 + 46OC12.00 $249027,60
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City of Huntington Beaco'll,
P.O. box in CALIFORNIA 9=49
ENGINEERING DEPARTIr[ENT
November 29, 1976
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Honorable Mayor
and Council Members
City of Huntington Beach
Attention: Floyd G. Belait:o
City Achainistrettor
Slbject: Kent and Company Claim Settlement
Re' rsement Agreements 70-D6,
fig-S and
Dear Council Members:
Transmitted 'herewith is a resolution authorizing the
expenditures of funds for $33,977.00 to Bent Land Co. as full
payment on Reimbursement Agreement3 No. 70-D6, 69--S3 and #11.4.
Kent band Co, had filed a claim for $71,023.00 with three
causes of action for the subject agreements. The $33,977.00
is a compromise between Kent's initial settlement offer of
$38,924.00 and the City's initial offer of $25,353.00
The city Attorney hae informed us that the $33,977.00 is
an exchange for a dismissal with prejudice for all three causes
of action and that the settlement is in the best interest of
the City.
It is recommended that your Honorable Body approve the
settlement and authorize the payment of $33,977 to Kent Land Co.
HEHtJWW:mc
very truly yours,
if. K. Hartg
Director of Public Works
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FMOLUTION NO. 4367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PAS° OH
REINAURSOMNT AGREFJOWS NO, 70-D6, 69-S3
AND 114 TO KENT RAND COMPANY
WHEREAS, the City Council of the City of Huntington Beach
adopted a budget for fiscal year 1976-1977 by Resolution. No.
4270; and
Section 5 of said Resolution No. 4270 specifies the pro-.
cedure'for authorising expenditures from special funds; and
The Director of Public Works and the City Administrator
have recommended certain expenditures, and the City Council
hereby approves said recommendation; and
A lawsuit against the City of Huntington Beach is pending
in the Superior Court of the County of Orange, Kent Land Cnmgany
v ;tY c Huntington Beach, Case No. 248 110, and the Director
of Public rks, City Administrator and the City Attorney'c
office recom. A that it is in the best interests of the city to
settle such lawsuit, and through extensive settlement negotia-
tions with Kent Land Company a settlement amount of $33,977 has
been agreed upon subject to approval of the City Council; and
Kent Land Company will rile a dismissal with prejudice for
all oausee of action against the city in this case,
stow, THEREFORE, DE IT RESOV= by the City Council of the
City of Huntington Beach that the following payments from the
special funds set forth below are hereby authorized to be made
to Kent Land Company in exchange for filing a dismissal with
prejudice of Orange County Superior Court. Cade No. 448 110:
1. Reimbursement Agreement No, 70-D6, the sum of
$8, 4434 front the Drainage Fund Interest Income.
2. Reimbursement Agreement no. 69-S3, the s= of $190
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from the Sewer Fund.
3. Reimbursement Agreemsnt No. 1140 the uum of $25,353
from Drainage District 713 Fund,
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of December, 1975.
ATTEST: APPROVED AS TO FORM:
nity-Clark npf
REVIEWED AND APPROVED: INITIATVZ PROVED AS TO
C oNTE►I,rr
7C Administrator
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A*, No, 4367
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sw raz of CALIFMiA
COUNTY of Cum% � ss
CITY OF NWr IWiirt` N l LUX )
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I o ALICIA M. N'XYTWOUN, the duly elected, qualified City
r Clerk of the City of HuntlaSton Reach, wW ex\-officio Clerk of t:he
City Council of said City, do hereby certify that the whole numbeir of
f wwwbetro of the City Council of the Ca►.ty of Huntington Beach to maven;
! that the foraiolig resolutioo was p+ass►rd and ad"ted by the affirmative
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Wore of more than a mjority of all the members of said My Council
€ at a regular sweting thereof bold on the � day
f of , 19- 76 bI► be falloroialN Croke:
S
AYES: Counciltwn:
Wi?..S: Councilmen:
Nam.w_w... ,.....,. �....._.�....�....._.___ ._
.ABSENT: Councilmn:
Gibbs
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City Clark Aral rx-offirct.o Clerk
of the City Council of the City
of HtmtfvStcm Beach, Califutrnia
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WHITE CITY ATTORNIV ' , CITY OF NI.JN7'14�::iN BEACH
ISLUt- CITY CLERK
Glw$CN CITY AbMINI1ti11IATOIR
CANARY - DEPARTMENTAL r,.;REQUEST for ORDINANCE or RESOLUTION
f Lxt Requva mad-.- by 1Xpertrnent
11-2 4-715 John Whipple Public.
lfvrkvl�vri A
INSTK, (MON5: File request in the Civ.v Arminmralcor'+ Office quickiy a> p�,hss'le but ncit tracer thart tinon, one ,^crk prior to the Ciwncil
`fleeting or which it is to he ir.tr,rduced. Print c,t type fsc.ts necesury for Cit)n<<torney's uw in peeparst:nn of vrdinarce.In reparate
psrAgtaph outline trriefly-rw-wr.s for Vic mque.: c•f Cc:tnr:l Action Attach --{i paprrs;crt':xnt to the vibject. All iifipropriatinn req,.:rsti must }
tic c{e re%i ins{ apptovcJ 1,j' the Director of Vil:ance I:cforc eutsncitt.ing to 0tv Offtcv. I
I
i`rtl �.�atinr. -if an I r it ht.Oo;
k.;.hor±.21ng the expenditure of ".,=die in the amount C,f �?ar3'i'TGw i
C�;rlpany es .fu11 yment, u1i R+�i*+�tt,�x`iMt 'Pi"t' Agrxasment.,v
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City of Huntington Beach
P.O. sox 190 CALIFORN(P. *NMI
Er,GINEERING DEPARTMENT
Februery 5, 1971.