HomeMy WebLinkAboutClassic Development Corporation - 1974-08-05 (9)r
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REIMBURSEMENT AGREEMENT 7'4-D1
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter for convenience referred
to as`"City", and Classic Development Corporation, hereinafter for
convenience referred to as "Builder."
WHEREAS, Builder, pursuant to agreement with City has, at his own
cost and expense, constructed a storm drain, hereinafter referred
to as facilities, to serve Builder's subdivisionTractNo. 7601 and
adjacent properties, and said facilities have been constructed in
conformity with the plans and specifications approved by the Director of
Public Works of City, and have been dedicated to City, and City desires
to reimburse Builder for a portion of the cost of the construction of said
facilities as provided by the ordinance code,
NOW, THEREFORE, in consideration of the premises and agreements
herein contained, the par -Lies hereto agree as follows;
Builder has constructed, at a total cost of-$65,766.00 a storm drain
and apprutenances to serve Tract 7601 and adjacent properties, (See
Exhibit "A" attached hereto and made a part hereof for a map 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 $65,766.00
Less: Refund credited by waiver of
fee a 111,000.00 per acre $10 536.00
Tract Acres Amount
7601 10.536 $10,536-.00
Net Refundable $55,230.00
]t 15
No refund shall be made 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 accordance with the Huntington Beach Ordinance Code, 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 any person or entity the drainage fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to protect the interest• of developers, eiL'-er 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
fiAcility constructed under this agreement. If a developer who develops property
served by the facility constructed by Builder is reaui.red as a condition of
development to construct additional facilities. City may allow said developer
credit toward the per acreage fee consistent with this said agreement; 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
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 have previously contributed
to the cost 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 pret-.iling
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.
-2-
It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so,'
WITNESS OUR HANDS AND. SEALS the day, month and year appearing below.
DATED this 5th day vt August , 19 74
CITY OF HUNTINGTON BEACH,
a municipal corporation
..Mayor
AT",'ESTd
City Clerk
BUILDER�€_3yKCm�•�°
APPROVED AS TO FORM
City ,Att
_3
i
REQU T FOR CITY COUNCIL ACTION
Michael Zambory Public Works
Submitted by Department _
Date Prepared may 2 , 1979 Backup Material Attached Fx] Yus 1 No
Subject Reimbursement Pavment to Classic Development Corporation for
Construction of a Drainage Facility
City Administrator's Comments
.'.PPROVBD BY uCJ�� I ,C1-
Approve as recommended e is
w
CI X CJ. =
Statement of Issue, Recommendation, Analysis, Funding Source,, Alternative Actions:
Statement o4 Issue:
Drainage fees have bean collected from a developer whose project is serviced,&
by the drainage facility built by Classic Development Corporation.
Recommended Actions
Adopt the attached resolution authorizing final payment to Classic Develop-
ment Corporation for installation of the Ellis Avenue storm drain pursuant
to Reimbursement Agreement No. 74-D1.
Analysis:
In 1974, C1a: c financed the construction of a Master Plan storm drain
facility in %-onjunction witb Tract No. 7601. The agreement with Classic
calls for reimbursement by the City to 'Classic from drainage fees collected
from subsequent development.
The agreement was executed. on August 5, 1974. ,Since that time, two payments
have been made; )ne for $30,107 on August 19, 1974, and one for $1,050 on
August 15, 1977, leaving a balance of $24,073.00.
Fees in the amount of $24,073 have been collected from the area ser,ted by
the storm drain facility and should be refunded from the drainage fund.
Funding Source;
Payment is to be made from Drainage District No 9 fund
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P10 3/79
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RESOLUTION N0. 4754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING FINAL PAYMENT TO
CLASSIC DEVELOPMENT CORPORATION FROM DRAINAGE
DISTRICj NO. 9 FUND FOR INSTALLATION OF ELLIS
AVENUE STORM DRAIN
D
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for fiscal year 1978--1979 by Resolution
No. 4479; and
Section of said Resolution No. 4479 specifies the pro-
cedure for authorizing expenditures from Special funds; and
The Director of Finance and the City Administrator 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 Dis-
tri^t No. 9 Fund in the sum of Twenty-four Thousand Seventy-
thrpe Dollars ($24,073) is hereby authorized to be made to
Classic Development Corporation for installation of the Ellis
A,krenue storm drain in the city of Huntington Beach.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 'list
clay of MM _ ._, 1979.
r�_S_L
`
ATTEST: APPROVED AS TO FORM:
ALICIA M, WENTWORTE CITY {"LEEK
Deputy City Cler4C City Attorney
/ahb
4/30/79 1.
4 votes
No. 4754
STATE OF CA.LIFORNTA )
COUNTY OF ORANGE
CITY OF HUNTINGTON 'BEACH }
1, ALICIA M. WENTWORTH, 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
ILmembers 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 21st day
0f May 1979 .. . • by the following vote:
AYES: Councilmen-
x lei_
NOES: Councilmen,
Nona
ABSENT: Councilmen:
None
ALICIA M. WENTWO.RTEI
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY Deputy
i
i
City of Huntington Beach
P.O. BOX 191"', CALIFORNIA 92k340
�J ENGINEERING DEPARTMENT 09
F
TO: Honorable Mayor and City Council
ATTN: Floyd G. Belsito:r City Administrator
FROM: H. E. Hartge, Director of Public Wor?cs
DATE: August 4, 1977
SUBJECT; Reimbursement Payment
STATEMENT:
Txansmitted herewith is a resolution authorizing partial
payment of $1050.00 to Classic Development Corp. on. Reim—
bursement Agreement 74—Dl for construction of the Ellis
Avenue storm drain,
RECO14MENDED ACTION
Adopt the resolution,
ANALYSIS;
In 1974 Classic Development Corp, put up the funds to finance
the construction of the Ellis Avenue storm drain in conjunc—
tion with Traci: 7601 for a net reimbursable cost of $55,230.00.
An agreement was made for reimbursement to Classic.
Since the agreement was signed, one payment was made in August,
1974 for $30,107.00, Leaving a balance of $25,123.00..
f
Fees in the amount of $1,050.00 have been collected from the
area served by the storm drain facilities and should be re—
funded from the drainage fund.
FUNDING SOURCE:
Payment is to be made from the Drainage District No. 9 fandr
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X
z REZZ011JUTION No.4507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT
# ON REIMBURSEMENT AGREEMENT NO. 74-Dl TO CLASSIC
DEVELOPMENT CORPORATION
WHEREAS, the City Council Of the City of Huntington Beach
adopted a budget for fiscal year 1977--1978 by Resolution No.
4479 and
Section 5 of said Resolution No. 4479 specifies the pro-
cedure for authorizing expenditures from r,pecial funds; and
The Director of Public Works and the City Administrator
have recommended an expenditure, and the City Council hereby
approves said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the rUty Council of the
City of Huntington Beach that partial, paymei." of One Thousand
Fifty Dollars ($1, 0,50) on Reimbursement Agreem,rr t No. 74--DI is
hereby authorized to be made 'from Drainage District No. 9 to
Classic Development Corporation for the installation of the
Ellis Avenue storm drain,
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15t'h
day of August, 1977.
ATTEST
Mayor
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
.may,
k" Q!X Administrator � City Atto t�
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Wit,:
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Redwo.4507
STME OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BLEACH
I, ALICIA M. YE=401M, 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 1untington 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 15th clay
of AtIMya , 13.77 r,, by the following vote:
AYES: Councilmen
Bartlett, wi.edertCoen, Siebert, Shertianan, Pattinson
NOES. Councilmen:
fill"
None
ABSENT: Councilmen:
Gibbs
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t.AJJOe v
It fJ untl t n each
P.O. BOX ISO CALIFORNIA 92649
ENGINEERING DEPARTMENT
August 14, 1974 " 1 4 1-111
Ge
Honorable Mayor
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject; Reimbursement Agreement 74--Dl
Gentlemen:
TraT,,smitted herewith is a resolution calling for payment
of $30,L,,._00 to Classic Development Corporation as partial
payment of reimbursement agreement 74-D1. The remaining
balance will be reduced to $25,123.00 after issuance of the
rcguested payment. Monies for this reimbursement will be
d rived from Drainage District 9. A sufficient amount has
been paid into this fund to cover the payment.
I recommend that your Honorable Body approve this
resolution.
Very truly yours,
7,
ez
w
sE. Hartge
Director of Public Works
HEH:DLC:mc
Encl.
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IBM
RESOLUTION NOr 3939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PARTIAL REIM-
BURSEMENT OF DRAINAGE FEE FROM DISTRICT 9
WHEREAS the City Council of the City*of Huntington Beach
has adopted a budget `for fiscal year 1974-1975 by Resolution
Nc. 3900 and
Section 5 of said Resolution No. 3900 specifies the
procedure for authorizing expenditures from special funds; and
The Director of Finance and the City Administrator have
recommended an expenditure; and
The City Council hereby approves said recommendations,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that reimbursement from Drainage
District 9, recount 321009, funds in the sum of THIRTY THOUSAND
ONE HUNDRED SEVEN AND N01100 ($30,107) DOLLARS is hereby authorized
to be made to CLASSIC DEVELOPMENT CORPORATION for partial payment
of Reimbursement Agreement 74-D1.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of August, 1974
t
ATTEST: Mayor
�.� City Clerk
APPROVED A.S TO M 'ENT APPROVED AS TO FORM:
City` Adm nistrator C Attor
/as
1.
es. No. 3939
STATE OF CALIFORNIA )
COtY MY OF . ORANGE ) go:
CITY OF HUNTINGTON BEACH
I, ALICIA M. WENTWORTI, 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 19th day
of AuMst ,�, 19 74 , by the following vote;
AYES, Councilmen:
Bartlett ett . � ieder. .u".
NOES: Councilmen:
None
ABSENT: Councilmen:
Shan1 v. Gibbs
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington, Beach, California
Kam AXMUV�
City of Huntingtoneach
® P.O. BOX 190 CAL IF'W4:RNI A 92648
�J
ENGINEERING DEPARTMENT
July 18, 1974
J
vd
Honorable Mayor
and City Council
City of Huntington Beach
Attention: DaviI D. Rowlands
City &Imi,nistrator
Subject: Reimbursement Agreement 74-D1
Gentlemen:
Transmitted.herewith is an agreement between the City and
Classic Development Corporation for reimbursement to the builder
for drainage facilities built at Classic's expense in conjunction
z
with Tract 7601 as part of the City's master plan for drainage.
The area served by the facility is east of the P.E.R.R. in the
vicinity of Ellis Ave. as shown on the attached sketch.'
The $55,230.00 will be reimbursed to Classic from drainage
fees collected in Drainage District 9. I recommend you execute
Q
the agreement.
Very truly yours
H. E. Hartg
Director of Public Works
HEH:DLC:jy
Encl.'
D-1k