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Home My WebLink AboutMOLA DEVELOPMENT CORPORATION - 1982-12-060 '.1& CITY OF HUNTING -MN BEEACH F;I-s 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 8, 1982 Mola Development 808 Adams Huntington Bear�, LA. 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, December 6, 1982 a,)proved an agreement with your firm for the cons,.ruction of Master Plan -)rm Drain Facilities in connection with the Seabridge Specific Plan. Enclosed is a duly executed copy of said agreement. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosures CC: Bill Patapoff, Department of Public Wor,�s Judy John, Finance JM�k REQUEW FOR CITY COUNCT ACTION November 29, 1982 Date _01 - '- 05A 'rV 4-010A -1 Submitted to: Honorable Mayor and City Council Q9 ?c 4� ,%bmitted by: Charles Thompson, City AdministratorPV'e Prepared by: aul E. Cook, Director of Publd-C Wor Subject: Agreement to Construct Master Plan St ra.' cilities Statement of Issue, Recommendatioa, Analysis, Funding S ource, Alterna-l"ve Actions, Attachments: Statement of Issue: Mola Development Corporation has asked that the City relieve them of responsibility for payment of drainage fees in V*�-ainage District /I in exchange for completing all remaining Master Plan facilities in that district. Recommendation: Approve the agreement to construct Master Plan Storm Drain Facilities between the City and Mola Development Corporation. Analysis: In April, 1982, the City Council approved the Seabridge Specific Plan for the Mola properties east of Beach Boulevard and south of Adams Avenue. As part of the development of the project, Mola will be required to construct the remaining storm drain facilities in Drain- age Listrict 71. Rather than pay drainage fees of $5,000.00 an acre for the 60 acre Seabridge Development and be reirmburse,! for his actual costs as he completes the facilities, Mola has requested that the City waive the fees in exchange for guarantees that the drainage facilities will be constructed. The Miunicipal Code provides for the collection of a draInage fee to off- set costs of cons( �:tion of Master Plen Drainage facilit�es. If a developer constru�_,_s Master Plan facilities, he is reimbursed his actual cost of construction less a 10% administrative charge retained by the City. In this case, Mola would simpiy guarantee the cinstruc- tion of all remaining Master Plan Dr�iinaqe improvements in District 71 and collection. of fees and reimbuxsement agreements would not be necessary. Funding SourceL Not applicable. Attachmentb.i Agreement to construct Master Plan StorTa Drain Facilities. PEC:LE:lw P10 4/81 AML W AGREEMENT TO CONSTRUCT MASTER PLAN STORM DRAIN FACILITIES THIS AGREEMENT is made and entered into this l3th day of October, 1982, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MOLA DEVELOPME14T CORPORATION, a California corporation, hereinafter referred to as "BUILDER". RECITALS WHEREAS, BUILDER, pursuant to its agreement with CITY, will at its own cost and expense, construct a portion of a storm drain system which is part of the CITY'S Master Plan of Drainage located southeast of Adams Avenue and Beach Boulevard, hereinafter called "FACILITIES" to serve BUILDERIS development known aF Tract 11861 and Tract 11870 and adjacent properties, and FACILITIES will be constructed in conformance with the plans and specifications approved by the Director of Pullic Works of CITY; and WHEREAS, FACILITIES will serve -inly the remaining acreage within Dist-rict 71, which acreage is wholly owned by BUILDER and lies totally within the confines of District 71; and WHEREAS, CITY desires to enter into an agre. ent with BUILDER to insure coatplel-;on of construction of all remaining FACILITIES as provided in the Huntington Beach Municipal Code and the California Government Code; RCS:kd1 11/29/82 AGREEMENT NOW, THEREFORE, in consideration of the covenants and agree- ments herein contained, the parties hereto agree as follows: 1. CONSTRUCTION BUILDER will construct FACILITIES to serve Drainage District No. 71. Attached hereto and incorporated by reference herein as Exhibit "A" is a map of the drainage area served by FACILITIES. 2. FACILITIES The FACILITIES to be constrlicted shall be as shown on Tract Map 11861, or any other Tract Map recorded in connection with BUILDER'S Seabridge Specific Plan, in accordance with the plans, specificatons and profiles which have been approved by and are on file with the Director of Public Works and shall be completed prior to acceptance by the CITY. Construction shall be performed under subdivision agreempnts entered into tetween the CITY and BUILDER. FACILITIE3 to be constructed are the soucherlY extension of the storm drain FACILITIES south Adans Avenue and East of Beach Boulevard, as shown on the CITY'S Master Plan of Drainage. BUILDER shall construct all masterplanned erainaqe FACILITIES located upon the real property encompassed within the Seabtidge Specific Plan and described on Exhibit 9, attached hereto and incorporated by reference herein. BUILDZR shall enter into subdivision agreements with the CITY for construction of FACILITIES upon all portions of the described property on which drainage FACILITIES are masterplanned prior to final approval and recordation of any subdivision maps on the property, other than than the maps of Tracts 11861 ard 11870. 3. DEDICATION BUILDER will dedicate FACILITIES to CITY. 4. FINANCIAL ASSURANCES BUILDER shall provide CITY with bonds, certificates of d*-,posit, 3ender set aside letters or soch other assurances and security as CITY may require to insure completion of FACILITIES t�,roughout BUTLDER'S var-.ous phases to be constructed within Drainage District No, 71. BUILDER shall not be required to pay any drainage fees. 5. COMPLETION OF FACILITES Upon completion of FACILITIES and acceptance by CITY, BUILDER shall be relieved of any responsibility to provide or pay for additional drainage fees, and any assurances previously provided CITY to insure completion. shall be released or refunded to BUILDER. 6. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable j.o BUILDER for refund because of said connection. 77, 7. ENTTRETY This agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this aareement on tb- date and year first above written. MOLA /DEVE40PMENT CORPORATION CITY OF HUNTINGTON BEACH A C 0 ia cor i f poration a municipal corporation T�i 7 B J#res dent By Sr--retary ATTEST: APPROVED AS TO FOriPl: Citv Clerk 11�ci REVIAFWED AND APPROVED: INMATED &ND APPROVED: City Admin-'stratyr DirecLor of Public Works Poe, - CLOS Ab' si it CF-E 7; 1 AW 't 54 - .i YOR KTO�WP 'v7 APAMS L' qI (771, 4�1 EXIML-112 A Area Mar� ADAM3 WE -j L- 71 �Leyal Description The Seabridqe Specific Plan includes the real property described as follows.: Parcels 1 and 2 in t.he City of Huntington Beach as per map filed in Book 154, Pages 11 and 12 of Parcel Maps, in the off -ice of the Coonty Recorder of said COUncy; an(J Parcel 3 in cite cicy of wuncingr-on 1',each, 'is 'Per J%aP ij) Book 41, Pago 24 of Parcel 11aps, in, c1-13 Office Of Cite cou,icy -tecorder of sai6 COLTAcY.