HomeMy WebLinkAboutLYON, WM DEV. CO. - 1971-02-01ORiG :NAL COPY _t +
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RE MBURSEMEN°$' AGREEMENT FOR
STORM DRAIN - BANNING AVENUE T C J Y C LERK
THIS AGREEMENT entered i-rto by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for conveliience referred to as "City".,
and tam. Lyon Development Company, herex,_after for convenience referred to as
"Builder", and
WHEREAS, Builder, pursuant to ag.-eement with City has, at his own cost
and expense, constructed a storm draiuq hereinafter referred to as facilities,
to serve Builder's subdivision Tract No. 5424_and adjacent properties in
District 7C, and said facilities have been constructed in conformity with
the plans find specifications approved by the Director of Public Works of City,
and have been deaycted to City, and City desires to reimb!irse Builder for L
portion of, the cost of the construction of said facilities as provided by the
ordinance code,
NOW, THEREFORE, in cons.kderation of the premises and agreements herein
contained, the parties hereto agree as follows:
Builder has constructed, at a total ,Post of $43,497.05 a storm drain
and appurtenances to serve Tract 5424 anO Tract 7102 and adjacent properties,
(Sera Exhibit "All attached hereto and made a part hereof for a map of the area
trved) and has dedicated aid facilities to City.
The refund to be paid to Builder undo this agreement is as follows:
Total Job Cost of Facilities $43,497.05
Net Refundable $43,497.05
No refund shall be made by City to Builder until the Director of Public
Works shall certify in wra.ting, to the Finance Director that Builder is
ent:'tled to a -efund by reason of connection having been made to facilities
in :accordance with the Huntington Beach Ordinance Code, and that City has
received the fee for such cornection.
City stall not be liable for payment of refund by reason or its failure
to collect or receive frog any person or entity the drainage fee. Howevery f
City agrees from an administrative, Legislative or quasi judicial procedure
No. 70-D7 err
fir.
to protect the interest of developers, either individuals or entities, who
have previously constructed similar facilities, by the colle-ting fees, either
prior to or concurrent with the cevelopment, of any property served by the
facility constructed under tn.is agreement. If a developer who develops property
served by the facility construc"ed by Builder is requir-d as a condition of
development; to construct additional facilities, City may allow said developer
credit toward the per arreage fee consistent with thzs said agreement; and no
fees shall be due Builder by ,season of such construction; City furtrier _,_.1es
r
to furnish a copy of thij agreement to the developer of any prope:tiss served
by the facilities described herein.
In the event City does no- require a developer to deposit the drainage
fee with the City prior to or concu:i ,=t 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 have previously contributed
to the cost of construction of facilities constructed hereunder to deposit sai
fee with City; and, said agreement willfurther 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
the City shall not be required to pay the attorney fees for any of the parties.
It is understood that the City is not required to institute legal proceedings
to protectt the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month, and year appearing below.
FATED this ., day of
CITY OF HUNTINGTON BEACH,
a municipal corporation
ATTEST: Mayor
City erk LYO EVE y.iDIT CO ,_ INC.
BUILDER
R. Lan „Is, Ifit
asident
" 2d'
Willa Glean Russell, Assistant Secretary
APPROVED AS TO FORM:
by '.
REQUEST'POR CITY COUNCI CtAilo',N 40
Submitted b-, H. R. Harte � Department Public Works
Date Prepared November 17, , 1 7 8 Backup Materia', Attached n Yes No
Subject Reimbursement to W, .R. Grace Properties, Inc.
City Administrator's Comments
Approve as recommended. �
Statement of Issue, Recommendation, Analysis, Funding Soures , alternative Actions;
Statement of Issue
W. R. Grace Properties have monies due them under Reimbursement Agreement
No. 70--D7',
tecorrsrendatirc )n
Approve the attach6d resolution, authorizing payment of 81100 to W.R. Grace
Properties pursuant to Reimbursement Agreement 70-D7. _t
Analysis
William Lyon Development Co, financed the construction of the Banning
Avenue storm drain in 1970. The agreement which was entered into with
Lyon calls for reimbursement by the City to Lyon from fees collected
from subsequent deyelor ent. Since that time; Lyon assigned to W. R. Grace
Properties all its r_iahts to reimburF:,°;ment under the subject agreement.
t
Drainage fees have been collected and $1100 is now available for payment
to W. R, Grace Properties
Funding ,Source
Payment is to be made from the Drainage District 71 Fund.
is
HDlI s Jww : me
No 3ns
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L 13
RESOLUTION NO: 4705
A RESOLUT1019 OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT 014
RRIMBURSEM UT AGRi EMENT NO. 70-D7 FROM DF.AINAOE
DISTRICT 7C FUND
WHEREAS, the City council of the City of Huntington Beach
has adopted a budget for fiscal year 1978-1979 by Resolution
No. 4663; and
Section 5 of said Resolution No. 11663 specifies the
procedure for authorizing eApenditures from special funds; and
The Director of Public Works and City Administrator have
recommended an expenditure from the Drainage District 7C Fund,
and the City Council hereby approves said recommendation,
NOW, THEREFORE, BE. IT RESOLVED by the City Council that
partial payment of Reimbursement Agreement No. 70-D7 ir, the
sum of One Thousand One Hundred Dollars ($1,100) is hereby
authorized to be made from the Drainage Dist 'Pat ?C Fund to
W. R. Grace Properties, Inc.
PA88ED AND ADOPTED by the City Council of t;r.s City of
Huntington Seach at a regallar meeting thereof held on the 4 t),
day of Deceuber 1978
ATTEST:
14ayor
t
City Clerk
;REVIEWED AND AP PROVED ; APPROVED AS TO FORM
a
ty Administrator
T� ' y Attorney
INITIATED AND APPRCrVED
" i.xector of Pdblic Works
WSA tic
11/7I7
PLANNING ZbN `JC U1(1 .L G
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AVENUE
Di
t id v o,
�.M R1 y Rf
9 NNING AVER,
DRAINAGE DISTRICT 7C
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Fees. No. 105
$'rNrE F CALIFORNIA ?
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH
u
I, ALICIA
M, Ml'WORTH, the duly elected,
qualified City
CIa.Y<
City of
Huntln)4ton Beach, and ex-officio
Clerk of the
C
J or said
City, do hereby certify that the
whole number of
ma�,uoeea of the City
Council of the City of Huntington
Beach is seven;
that
the foregoing resolution was partied and adopted
by the affirmative
vote
of more than a
majority of all the members of said
City Council
at a
regular
meeting thereof held on the
- Ath_ day
of Deg ember ,
19 78by the following vote-
AYM
Councilmen:
Shen l an, Thomas. lister. . Bailey, Meir►dic
, Siebert, Pattinsor.
NOES:
Councilmen.
_None
ABSENTT : Councilmen:
None
City Clete: and
ex-offic.io Clerk
of the City
Council of the City
of Huntington
Beach, California,
City of Huntington Beach
P„O. Box 4S � CALIFORNIA 02048
ENGINEERING, DEPARTMENT (
July 25, 1977�5`
�V
TO: Honorable Mayor and City Council
ATTN: Floyd G. Belsito, City Administrator
FROM H. E. Hartge, Director of Public darks''
DATE: July 25, 1977
SUBJECT: Refund of Reimbursement Agreement No. 70-D7
STATEMENT
Transmitted herewith is a resolutio.. authorizing a partial'
payment of $15,291.58tDWm Lyon Dev. Company on Reimbursement
Agreement No. 70-D7 for the construction of Banning Avenue storm
drain.
RECOL14MENDED ACTION
Adopt the resolution.
A'NALY'S Z S
In early 1971 Wm Lyon Development Company put up the funds
to finance the construction of the Banning Avenue storm drain zoz
a net refundable cost o` $43,497.05.
Fees in the amount of $15.291.53 have been collected from
the area served by the storm drain facilities and should be
refunded from the Drainage Fund.
FUNDING SOURCE
Payment is to be made from the Drainage District 7C Fund.
HEH JVVW `ItmC
F
,r.
RESOLUTION NO. 4498
A RESOLUTION OF' THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT
TO WILLIAM LYON DEVELOPMENT COMPANY ON REIMBURSE-
MENT AGREEMENT NO. 70-D7
WHEREAS, the City Council of the City of Hunti.ngto,, reach
adopted a budget for fi.snal year 1977-1978 by Resolution No, ."
4479 and
Section 5 of said Resolution No. 4479 specifies the pro-
cedure for authorizing expenditures from special funds; and
The Director of Public Works and City Administrator have
recommended an expenditure, and the City Council hereby approves
said recommendation,
NOW, THEFEFORE, BZ IT RESOLVED by the City Council of the
City of Huntington Beach that partial payment of Fifteen Thousand
Two, Hundred Ninety -One and 58/100 Dollars ($15, 291. 58) on
Reimbursement Agreement No. 70--D7 is hereLy authorized to be
made from Drainage District 7C Fund to 'William I"von Development
Company for construct -ion of the Banning Avenue storm drain,
PASSED AND ADOPTRD by the City Council of the City of
Huntington reach at a regular meeting thereof held on the lst
day of August, 1977.
ATTEST S
Alicia M, Wentworth
City Clerk ,.._.., ,.�.....,.- Mayor
DeputyCity Clerk
REVIEWED AND UPROVEI
+-idministrator
APPROVED AS TO FORM
ity At or ey
W6a:c .
T
INITIATED AND APPROVFM
AS TO CONTENT# -
Public Works z irector
r�
Res. No, 4498
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
1, ALICIA M. WENTWGRTH, the duly elected, qualified City
Clerk of the Mat of Huntington Bead,, nand ex-officio Clerk of the
City Council of said City, do hereby cert.: that -the whole number of
members of tb% City Council of the City of Huntington Reach is seven;
that Vle foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the , lst day
of August 19 77 , by the following vote:
AYES: Councilmen:
Bartlett, Wiedea, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: CounLilment
None
ABSENT: Councilmen:
None
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
B /a
Deputy 6ity Clerk
f
{
3
E
City of 1 toBeach
P.O. BOX ISO CALIFORN11ft 9&.444
ENGINEERING DEPARTMENT
August 21, 1i4
W. R. Grace Properties, Inc.
4463 Birch Street -
Newport Beach, California 92664
Attention: E. R. Vail, Jr.
Subject: Reimbursement Agreement 70-D7
Gentlemen:
Your Letter of August 20, 1974, to Mr. Earl Horton of
the City's Finance Department regarding reassignment of the
subject agreement has been brought to my attention.
Future payments pursuant to the agreement will be made
payable to the William Lyon Development Company and mailed
to W. R. Grace Land Corporation, attention R. F. Bower,
1114 Avenue of the Amer-caa, New York, New York 10036.
Very truly yours;,
fl . E . 14art ge
Director of Public Works
HLH:DLC:mc
cc,: W. 11., Grace: Land t,'tarZ
I
i
ASSIGNMENT
THE UNDERSIGNED, does hereby sell, assign. transfer and set over to
• W. R_ GRACE LAND CORPOFATION, a New York corporation,'.
11,14 Avenue of The Americas, New York, ' New York 100 36 ,
its successors and assi;,ns, all right, title and interest of the
undersigned in and to any and all refunds and credits to which the
undersigned is now, or may hereafter be en-Utled to wider and by
virtue of that certain agreement between 11m. Lyon Development Co. ,
and the City of Huntington Beach titled, Reimbursement Agreement For
St-,.,nn Drain - Banning Avenue, which pertains to Tract 5424 and adjacent
properties in District 7-C, dated February 2, 1971.
THE UNDERSIGNED warrants that i-'_' is the owner of said agreement free
and clear of all liens and/or encumbrances and agrees to defend and hold
the assignee harmless and free From all costs or claims arising out of
any violations of this provision.
DATED: August 1, 1974 A--S DEVELOPNMENT INC.,, a New Jersey
corporation, successor by merger to
Mm. Lyon Development Co. , Inc.
President
By
Asst. Sd" ctary
Receipt of the foregoing assignment is hereby accepted and acknowledged,
on this day of
CITY OF HUNTING .,t BEACH
By
Title___
I
STATE OF NEW PORK )
COUNTY OF NEW YORE �
0, August 2, 1974 before me, the undersigned, a Notary Public in
and for said State, personally appeared.Richard H.Fra=4,known to me to be the
'ce President and E. H. Vail, Jr., known to me to be the Assistant
Secretary of A•-S DEVELOMMENT INC the corporation that executed the within
F Instrument, known to me to be the persons rsho executed the within Instrument'
y. on behalf of the corporation, and acknowledged to me that such corporation
executed4hia. "thin instrument pursuant to its by-laws or a resolution of
• its board o d%*r4p
X[7r.t,rcai
' . WIT 5. hand ap ,offi.cal seal..
MARY JAME MAHONEY
°. �~ UXV7Xr•XC� 7fy # C r Notary pupa ."rtrta of N. Y.
Qual,f:od to tr+iLs Co.
• cart, mod in riow Yortt co
.. , ,. c mrn. axpfr#3 M8M11 30r 1973
%I
Ir
Or P5✓ZA I,C iFY]y./fi.�� � ♦+
222 AUG 7
City untingto each
P10. BOX top CALIFORNIA 92640
ENGINEERING DEPARTMENT
,January 15, 1971
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
$ubject! Reimbursement Agreement 70-D7
Storm Drain Facilities in
Drainage District 7C
Gentlemen:
Transmitted herewith is Reimbursement Agreement 70-D7
in the amount of $43,497.05 for master planned storm drains
constructed by Wm. Lyon Development Company in District 7C.
It is recommended that your Honorable Body approve the
agreement and authorize thz Mayon and Clerk to execute same.
The c� r`t shouldbe returriad to this office for transmittal.
Very truly yours,
'ames R. Wheeler
Director of public Works
JaSJ TM.ae
Trans.
r
x
February 2, 1971
'William Lyme Developments Co ,zany
tO t Box 1,028
Cost Mesa, CA 92627
Tile City Vounc i:L of Huntington, Beach at: its, regular
meeting held Monday, February I, 197i, approved s U m-*
Eau s ar z� Agreement :� i nning Avenue Storm Droin
Reimbursement Agreement" No. 7OoD7.
A gncloaod heret4th, is a duly executed copy of said
afire cot for youia files
I
fq
Sincerely yours
Foal C'� jomms
City Clerk
Enc' k.
s'
c
f