HomeMy WebLinkAboutSecurity Fore Corporation - 1967-03-20 - ORIGINAL COPY
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1" U ST BE RETURRED
REIMBURSEMEAT"' AGR1MMT OLIER-K
Drainage Area 7E & 7H `' "°
THIS AGREE14ENT, dated this day of �/ , 19
<' by and
BETWEEN
CITY OF HCENTINGTON BEACH,
a municipal corporation
hereinafter for convenience
referred to as,
CITY
SECURITY FORE CORPORATION
2711 East Coast Highway
Suite 102
r.t Corona del Mar
hereinafter for convenience
,t
referred to as
DEVELOPER
WITNESSE-TH:
WHEREAS, Developer has filed application with the City of Huntington
Beach for participation in cost of construction of Newland Pump Station in
conjunction with the development of Tract No. 6020 as delineated on the
Newland Pump Station Improvement Plans in drainage area No. 7E and 7H; and
WHEREAS, Developer is, at his own cost and axpense participating in the
cost of said work all in conformity with the plans, specifications and
provisions as approved by the Director of Public Works; and
WHEREAS, construction of said work will be in conformity to an applicable
chapter of the Huntington Beach Ord-4
nance Code; and
WHEREAS, Developer is entitled to reimbursement for the work performed
following the construction of these works, said reimbursement to be made as
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;r agreed her-in.
s NOW, THEREFORE, in consideration of the premises and the agreements
herein contained, the parties agree as follows:
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1. That upon completion of the work, or portions thereof herein described,
T to the full satisfaction of the Director of Public Works and on its being
accepted by the City of Huntington Beach, Developer shall be entitled to
No. 143
1 i l
reimbursement for drainage fees paid at the time of development of lands
tributary to this pump station; more specifically, but not limited to drainage
fees based on Area 7E and 7H --.t the rate o 126.3( x $650/acre for "he pump
station facilities. (Refer to Exhibit "A" attached hereto for area served
and Exhibit "C" attached hereto for determination of acreage fee.)
2. That ,he facility under corstruction by Developer in drainage area
7E and 7H for which refunds are hereby agreed to be paid as follows:
Newland ,Storm Drain Pump Station and the 96 inch diameter
Storm Drain from the pump station to Hamilton Avenue.
That the cost to Developer to date for construction of this facility
is estimated to be as follows:
Newland Pump Station construction = 76.39 x $250,000 = $151,004.20
126.47
4. That the Developer at the .,�t f and in the best interest of the
City has under construction this faci' .,,y sized to City requirements, and for
which the City has agreed to participate in the amount of NONE.
5. That the refund to be paid the Developer under this c greement is as
follows:
Refund credited by construction of Developer's tracts as follows:
Tract Acres Amount
6020 18.60 $12,090.00 (Pump station fee of $650/acre only)
Net Refundable = $138,914.20
6. That refund shall be made by the Clerk of the City of Huntington
Beach, upon certification by the Director of Public Works, to the Developer
as the work progresses to the extent that funds are available from drac age
fees cillected for service by this facility.
7. If additional users participate in drainage facilities in drainage
area No. 7E and 7H in the future, the drainage fees they pay will be distributed
to these individuals or entities, that have simultaneously contributed to the
cost of the pump station, in proportion to the cost borne by each such
individual or entity.
8. City shall not be liable for payment of refund by reason of its
failure to co?-_ect or receive from any person or entity the drainage fee.
However, City agrees from an administrative, legislative or quasi judicial
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procedure to protect the interest of Developer, either individuals or
entities, who have 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 developer, who
is within: the drainage area, is required, as a condition to the approval of
a tentative or a final map to construct drainage fac lities within the drain-
age area, City may allow said developer cre0i.t towards the per acreage fee
consistent with this said agreement; City further agre . to furnish a copy
of this agreement to the developer of any properties in the drainage area.
9. In the event City do= s not require a developer within the drainage
area to deposit the drainage fee with the City prior to or concurrent with
the proval of the tentative or final map, in that event City will provide
in any agreement with said developer that said developer is obligated not only
to the City but to the developer, individuals or entities who have previously
contributed to the cost of construction of drainage facilities within the
drainage area; said agreement will further provide that in 'the event that it
becomes necessary to institute legal proceedings, either by the City or by
the developer who has previously contributed 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; prov_ded, however, that the
City shall not be equired to pay the attorneys fees for any of the parties.
10. In -the event City must construct additional drainage facilities !
within this drainage area to allow further development within the --ea to
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proceed, City may use funds available from drainage fees collected within
drainage area '?E and 7H for construction of the additional drainage facilities
prior to fulfilling the herein stated reimbursement.
11. It is understood that the City is not required to institute legal
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proceedings to protect the interest of the Developer, but may do so.
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12. It is also understood that Huntington Beach Union High School District,
the coparticipant in cost of construction of the Newland Pump Station, will
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be reimbarsed for their proportional cost simultaneously with reimbursement
due the Developer. ,said reimbursement to Huntington Beach Union High School
District will .e as outlined in Reimbursement Agreemer; No. 14-2.
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DATED: I• Z""
DEVELOPER
UITY OF HUNTINGTON BEACH,
a municipal corporation
✓J 7
Mz!For By.
V
ATTEST:
`✓GL�-��� may..-�'/�
—City Clete,
APPR9300 AS TO FORM:
Asst Cl Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss
w On this day of — '�. , ,
_ 1967 before me
a Notary Public in_q,.nd for said
Oun+y anr3 G+Ate, perSOAally arpga-rPr1 s ( ..>s iS 7�"
known to me to be the Mayor, and
known to me to be the City Clerk of the City of HuntYngton Beach, a municipal
corporation, the corporation that executed the within instrument and acknowledged
to me that they executed said instrument on behalf of such municipal corporation.
OFFICIAL SEAL
ERNESTIPJA B) FA�HQ
.� NOTARYCi PUBLIC _ .IFCRiw,
P
RIP C, nL OFFICE IN cis
ORANG[ COUNif
ANO—NOTARY Ml
STATE OF CALIFORNIA ) f0&wbe.SbteofCal*
COUNTY OF ORANGE ss COJO9M.'s�iog Wires June 25, 1969
pity M!-Yuntington beach, Calif
On this 27tb. day of February ,, 1967, before me,
__�jj_;L_g; Bi y_10r _, a Notary Public, in and for the said
County and StRte, personally appeared C.W. Heater
known to me to be the President azd A.E. Svendsen s
known to me to be the Secretary of the corporation that executed
the within instrument and acknowledged to me that they executed said instrument
on behalf of such corporation.
.................... c2�
PHYLLIS g, TRAY O•..R. .. .,
x . Not.ry Public L
StateOf
C
.r zhforria
Fir.ci al Office in —4—
......... ..... flra e
ag County
My Commission Expires ion.e I4,•196Qr•+;
INGTpy
CITY OF
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�q,,�4 ----------------- -_--_- - -CALIFORNIA
�CaUNTY
March 23, 1963
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Security Fore Corporation,
2711 Eest Coast Highway
Suite 102
Corona deb. Bar, California
Gentlemen
The City Council of the City of Huntington Beach, at
their regular meeting held Noonday, :march 20, 1967,
apprc;fed Reimbursement Agreement No. 143, the Four
? Party Agreement and addendum thereto, in connection
with the Newland Pump Station and iiamilton Avenue storm
drain, c onsec,stively.
Enclos4d herowi.th is your file copy of the Reimburse-
ment Agreement and Your Party Agreement. As soon as
the addendum to the Four Panty Agreement is executed
by all parties, a copy will be forwarded to you.
Sincerely yours,
Paul C. Jones
iA City Clark
PCJhaw
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INGt��®
CITY OF HUNTINGTON BEACH
z EN011NEERING DEPARTMENT
Huntington Beach, California
February 15, 1967
L_ Q
10 CI�: 1i UE
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Mr. Doyle Miller
City Administrator
Subject: Reimbursement Agreement No. 143
Storm Drain Facilities in
Drainage Area 7E and 7H
Gentlemen:
Transmitted herewith is Reimbursement Agreement No. 143
for the Newland Pump Station to be constructed by Security
Fore Corporation in Drainage Area 7E and 7H.
It is recommended that your Honorable Body approve the
agreement and authorize the Mayor and Clerk -bexecute same.
The copies should be remitted to this office for transmittal.
Very truly yours, '
J es R. Wheeler
Director of Public Works
JRW•DB:ace
Trans.
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City of Huntington Beach
P.0. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
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April 30, 1975
F-
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4
Honorable Mayor
and City Council
' City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Refund to Security Fore Corporatiou
Gentlemen:
Transmitted herewith is a resolution authorizing payment
of $65,053. 78 to Security Fore Corporation pursuant to Re-
imbursement Agreement Number 143.
I'E
Security Fore participated in the cost of construction of
:j the Newland Pump nation in Drainage District 7E and 7H in
1967. A special fee for refunding pump station costs has been
collected and $65, 053. 78 is available for payment to Security
Fare.
S recommend that your Honorable Body adopt the resolution.
Very truly yours,
H. E. Hartg�
Director of Public Works
HEH:DLC:jy
Tranq.
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RESOLUr'FON NO. 4073
A RESOLUTION OF THE CITY COT jNCIL OF THE CITY
=t OF HUNTINGTON BEACH AUTHORIZING PARTIAL REIM-
BURSEMENT OF DRAINAGE FEE FROM DISTRICT 7E-H
' WHEREAS, the City Council of the City of Huntington
Beach has adopted a budget for fiscal ,year 1974-1975 by
Resolution No . 3900; and
Section 5 of said Resolution No.. 3900 specifies the
procedure for aut' -rizing expenditures from special funds;
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and
' The Director of Finance and the City Administrator
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have recommended an expenditure ; and
The City Council hereby approves said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
>, the City of Huntington Beach that reimbursement from Drainage '
District 7E-•H funds in he sum of Sixty-five Thousand Fifty-
three and '18/100 Dollars ($65 ,053 .78) is hereby authorized
T.
to be made to SECURITY FORE CORPORATION for partial payment
of Reimbursement Agreement #143 .
PASSED AND ADOPTED by the City Council of the City of
t Huntington Beach at a regular meeting thereof held on the
5th day of May, 1975 •
K=. ATTEST: -^
May r-.....
�f
City C 1 e r k
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
WSA.cs City Administrator City At o
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F No. 4073
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENI'WORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the 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 61-h day
of May 19 75_, by the following vote:
AYES: Councilmen:
Wider, Bartlett Coen, Matney, Shipley, Duke, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and .ex-off'cio Clerk
of the City Council of the City
of Huntington Beach, California
op
27 November 1972
- ............--- ....
TO: City Council
FROM: City Attorney
SUBJECT: Resolution Authorizing Expenditure of Funds
From the :Drainage District 7E Fund
At the request of the Director of Public Works , 1,e transmit
a resolution authorizing the expenditure of $21,485 .23
from the Drainage District 7E fund to � °^urity Fore
Cor rtzY�;for pump`,station costs , as partial payment
on reement No. 143,,,," If this sum is paid, the balance
rema in on t .-agreement will be $74,790 . 80 .
Respectfully submitted,
a
DON P. BONFA
City Attorney
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DPB: lm
Attachment
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A City of Huntington Beach
P.O. BOX 190 CALIFORN[A 92648
ENGINEERING DEPARTMENT
November 22, 1972
Honorable Mayor
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Reimbursement Agreement No. 143
Construction of Storm Drain-Pump
Station, Drainage District 7E
Gentlemen%
Security Fore Corporation constructed the subject
pump station. Fees in the amount of $21,485.23 have been
collected from developers and said sum is refundable to
the developer per the conditions of the agreement. The
remaining balance or. this agreement will then be $74,790.80.
It is requested that sum be reimbursed; the check be
made payable to Security Fore Corporation.
Very truly yours,
James R. Wheeler
Director of public Works
H. E. Hartge
City Engineer
JRW:HEH:TM:ae
27 November 1972
TO: City Council
FROM, City Attorney
SUBJECT: Resolution Authorizing Expenditures; of Funds
From the Drainage District 'E Fund
At the request of the Director of Public Works, We transmit
a resolution authorizing the expenditure of $21,485 .23
from the Drainage District 7E fund to Securi'Gy Fore
Corpc ation, for pump station costs , as partial payment
on A&2eement No. 143 . If this sum is paid, the balance
remaining on this agreement Will be $74 ,790 . 80 .
Respectfully submitted,
DON P. BONFA
City Attorney
DPB: lm
Attachment
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF
HUNTINGTON BEACH AUT-TOR IZING THE EXPENDITURE OF
MONEY FROM THE DRAINAGE DISTRICT 7E FUND
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for the fiscal year 1972-1973 by Resolution
No. 3503 ; and
Section 5 of said Resolution No, 3503 specifies the pro-
cedure for authorizing expenditures from the several special
funds mentioned in said Section 5; and
The Director of Finance and the City Administrator have
recommended an expenditure ; and
The City Council hereby approves said recommendati -)n,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that an expenditure in the sum of
Twenty-one Thousand Pour Hundred Eighty-five Dollars and
Twenty-three Cents ($21,485 .23) is hereby authorized to be made
from Drainage District 7E fund, said sum to be made payable to
Security Fore Corporation as partial payment on Agreement No.
143 .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of December, 1972 .
Mayor
ATTEST: APPROVED AS TO FORM:
r e
City Clerk 1` y Attor y
,
INGT�f��
CITY OF HUNTINGTON BEACH
® ENGINEERING DEPARTMENT
G,�� r� "A♦�®� Huntington Beach, California °>,ti
Ju,-y 8, 1F68 T .
Y
Honorable Mayor ,
and City Council ly �y
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement Agreement 143
Drainage Area 7E & 7H
Gentlemen:
Security Torre Corporation shared in the cost of
construction of the Newland Storm Drain Pump Station. It
is respectfully requested that payment in the amount of
$4,150.12 be made to Security Fore per subject reimburse-
ment agreement. The monies were collected from develop-
ments in the area.
Transmitted herewith is a resolution requesting
transfer of funds.
If approved', please return. the check to this office
for transmittal.
Very truly yours,
ames R. Wheeler
Director of Public Works
JRW:DGB:ae
Trans.
cc: Finance Dept.
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