HomeMy WebLinkAboutDONALD BREN COMPANY - DAVID E. CUNNINGHAM COMPANY - CITY OF FOUNTAIN VALLEY - 1974-06-18 SUPPLEMENTAL AGREEMENT NO. 1 TO THAT CERTAIN AGREEMENT
DATED THE 18TH DAY OF JUNE, 1974, HEREINAFTER AS "AGREE-
MENT" BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, HERE-
INAFTER AS "HUNTINGTON BEACH" THE DONALD L. BREN COMPANY,
A CALIFORNIA CORPORATION, HEREINAFTER AS "BREN"; THE CITY
OF FOUNTAIN VALLEY, HEREINAFTER AS "FOUNTAIN VALLEY", AND
THE DAVID E. CUNNINGHAM, CO. , A CALIFORNIA CORPORATION,
HERE,JNAFTER AS "CUNNINGHAM`-, MADE AND ENTERED INTO THIS
DAY OF DUNE 1979
WHEREAS, the work contemplated by the Agreement, as afore-
said, has been satisfactorily completed, and
WHEREAS, the entire amount of the construction costs of the
contract have been ascertained and expended', and
WHEREAS, sufficient additional funds have been collected
by HUNTINGTON BEACH as storm drain fees attributable to the af-
fected district and have been deposited in an account entitled,
"The Newland Street Storm Drain Account" to afford payment to
BREN for supervision and overhead fee, as provided for in the
Agreement_, and
WHEREAS, a dispute has arisen between HUNTINGTON BEACH and
BREN over the amount of said payment,
NOW, THEREFORE, the parties covenant and agree to amend
and supplement the Agreement, as follows :
1. Add a new paragraph 12s
1112. HUNTINGTON BEACH ,nd BREN mutually agree than
the sum of nineteen thousand three hundrE:d eighty-two dollars
and eighty cents ($19,382,80) constitutes a full and complete
accord and satisfaction of any and all rights accruing to BREN,
arising out of paragraph 10 of the Agreement as said paragraph
relates to payment for supervision and overhead fee to BREN by
HUNTINGTON BEACH.
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This. Agreement is made this
day of .Tune , 1979, at
Huntington Beach, California.
CITY OF HUNTINGTON BEACH,
ATTEST: a Municipal Corporation
City Clerk
Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM
4 Ci y Administrator C A ney
DONALD L. BREN COMPANY, DAVID E. CUNNINGHAM, CO. ,
a California Cozporation a California Corporation
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t TO 1945 CA (9.74.)
(Corporation) TITLE INSURANCE:
4; AND TRUST
STATE OF CALIFORNIA Wila aAar
COUNTY OF Oranae J
SS. m rorn
O� _March 9L 1979
t ` before me, the undersigned,a Notary Public in and for said
TState,personally appeared llaren A. Grothh
known to me to be the„..,_. Vice President, and J. ROSS Willard
}_ w Known to me to be Assistant Secretary
t' of the corporation that executed. the within Instrument,
known to me to be the persons who executed the within
y 4 Instrument on behalf of the corporation therein named,and
acknowledged to me that such corporation executed, the g,nmm�nmmama,roarinmroamm�nmm�unnauunnnmm�umm�unnnmm�ml�
within instrument pursuant to its by-laws or a resolution of - OFFIC1n1.SEA1. g
its board of directors. JEAN A. MATHENY
NOTARY PUBLIC CALIFORNIA _
WITNESS my hand and official seal. �+
s PRINCIPAL OFFICE N
ORANGE COUNTYC7 a
1 My Commission Expires Aprtl 5,1982
fiun,auvunnnaluro:unnuuurnnatun+anumnmm�nnnnnnunwowenn,ualn,�5
Signature
(This area for official notarial seal)
2.
' rY
This Agreement is made this 0171, day of June , 1979, at
Huntington Beach, California.
CITY OF HUNTINGTON BEACH,
ATTEST: a Municipal Corporation
. o
Ci y Clerk �7 Mayor
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
c.,
Ci y Administrator C'L A ney
v
;;',ODIALD L. BREN COMPANY, DAVID E. CUNNINGHAM, CO. ,
& California Corporation a California Corporation
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o`er
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MAY �y� - y
CITY OF FOUNTAIN V1j LEY
t tj
} mayor
} ATTEST: APPROVED AS TO FORM:
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J9�2-
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;. ty Clerk City Attorney
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AGREEMENT
THIS AGREEMENT, made this 18th day of June, .1974, by
and between vhe CITY OF HUN`PINGTON BEACH, hereinafter called
"HUNTINGTON BEACH;" the CITY OF FOUNTAIN VALLEY, hereinafter
called "FOUNTAIN VALLEY;" the DONALD BREN COMPANY, a corpo-
ration., hereinafter called "BREN;" and the DA'71D E. CUNNINGHAM,
CO. , a corporation, hereinafter called "CUNNINGHAM."
WHEREAS, BREN and CUNNINGHAM are owners of certain parcels
of real property located in the City of Huntington Beach, and
FOUNTAIN VALLEY zxxxxz&rg:kx px1xfrX. draining into Huntington
Beach; and
WHEREAS, the parties hereto desire by this agreement to
provide for the method and cost of installing a storm drain
on Newland Street from Yorktown Avenue to Garfield Avenue in
the cities of Huntington Beach and Fountain Valley; and
WHEREAS, it is to the best interests of all parties that the
construction of the Newland Street storm drain be commenced forthwith
and that the parties hereto are willing to advance drainage fees to
provide the financing;
NOW, THEREFORE, it is agreed by the paiLies hereto:
:i. HUNTINGTON BEACH will provide plans and specifications
for a storm drain on Newland Street from Yorktown to Garfield;
HUNTINGTON BEACH will provide: inspection and survey services_.
2. BREN will make all arrangements andcontract for
installation pursv.ant to the specifications of that portion
of the storm drain on Newland between Garfield and Y rktown,
including labor, material and performance bond. The estimated
costs are Three Hundred Eighty-Eight Thousand Dollars ($388,000) .
3. The following parties will advance to the City of
Huntington Beach the following sums based on a drainage fee of
Four Thousand Dollars ($4,000) per acre and based upon the
ownership of the following parcels of assessed property:
6✓10✓7 1.
�IM:k
Donald Bren Company
Forty -(,40) acres AP 153-111-16 $ 150,000
David E. Cunningham, Co.
Forty (40) acres AP 112-100-10 160,000
AP 112-100-c0
AP 112-100-$6
Upon receipt, the advancements will be credited to storm
drair_ Pees against the respective parcels of property of the
contributors, as set forth above, at the rate of Four
Thousand Dollars ($4,000) per acre.
4. FOUNTAIN VALLEY agrees to contribute Fifteen
Thousand Dollars ($15,000) One Hundred Twenty
5. HUNTINGTON BEACH will contribute Thousand
Dollars ($120,000) . "I6�,•/ f
6. The storm drain to be constructed pursuant to this
agreement will serve the cross-hatched area in Exhibi'c A,
attached hereto and by reference male a part hereof.
7. When additional land in said area is developed,
HUNTINGTON BEACH will collect drainage fees of a minimum of
Three Thousand Dollars ($3,000) per acre, or a portion
thereof" from each developer or property owner developing his
property.
8. All funds collected by Huntington Beach shall be
depesitc cd in t1he account entitled "Newland Street Storm
Drain Acc;ciiaf
9• :it 's further understood and agreed that in the
event and khea~,t =dditional storm drain fees are tol.`acted and A
deposited ii. the aforescUd account and a surplus remains
therein ove--r and above the cost of construction, as herein-
above set for'L.b, :;REN and CUNNINGHAM shall be entitled to ,a
prorata reimbursement, but in no event to exceed the sum of
One Thousand Dollars ($1,000) per acre; that reimbursemen,,-.
will be ma6e only as funds become available; no interest shall
be paid thereon and no obligation shall be incurred by HUNITINGTON
BEACH to reim'curse said parties unless said funds are available„
2,
10. HUNTINGTON BEACH agrees to reimburse BREN for actual
contract costs plus supervision and overhead fee ox installa-
tion of his respective portion of the Newland Street storm
drain from the aforementioned fund in monthly progress payments
per, completion as determined by the Director of Public Works.
11. All funds are to be deposited with HUNTINGTON BEACH
by June 30, 1974
ATTEST: CITY OF HUNTINGTON BEACH,
a municipal corporation
By 410
City Clerk Mayor
Dated VA&Z z `d APPROVED AS TO FORM:
APPROVED AS 10 CONTENT City At or y
BYe. , DONALD BREN C- ANY
.....................
- --- ......
CITY ADMINISTRATOR
By
ID E. CUNNINGHAM, CO.
CITY OF FOUNTAIN VALLEY,
a municipal corporation
ATTEST:
By
k Clerk
_DePa�y Glex
3,
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