HomeMy WebLinkAboutWILLIAM LYON DEVELOPMENT COMPANY - 1971-02-13File
REIKBURSEMENT AGREEMENTF;R��
STORM' BRAIN - BANNING -kv'-PNuETO MY GLER
THIS AGREEMENT entered into by and between the CI`i"i OF HUN`CI'NGTON BEACH,
a. municipal cozperatl -:, hie einafter fc convenience referred to as "CitytQ,
and Wm... Lyon Development Compway, hereinafter for convenience; referred to as
"Builder", and
1411.REAS, Builder, pursuant to agreement with City hat, at his cnan cost
and expense, constructed a storm drain, hereinafter referred to as fatcilitic.s,
to serve Buildez's subdivision Tract :o. 5424 and adjac-bnt _)roperwies in
Dist*.-Ict 7C, and said facilities have been constru^ted in conformity with
the plans and specifications approved by the Director of 'Public Works of City,
and have been dedirted to City, and City desires to reimburse Builder for a
portion of the cost of the construction of sp d facilities as provided by the
ordinance code,
NOW, MEREFORE, in.co;nsidtration of the premises and agreements herein
contained, the parties hereto agr.e as fcllows'
Builder has constructed, at a total cost of $43,497.05 a stoma drain
and appurtenances to serve Tract 5424 and 'Tract 7102 and adjacent properties,
($ue Exhibit "A" attache~n hereto and made a part hereof fo.,. a map of the area
served) and "has dedic&ted said facilities to City..
Thw refund to k, paid to Builder under this agreement is as follows:
Total .lob Cost of Facilities $43'A9 A .O5
Net Refundable $$43,497.05
j
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No refund shall be made by Cir.v t,- Builder until the Director of public
Votrks snall certify In writing, to the Finance Director that Builder is
entitLed to a refund by reason of connection having been made to facilities
In Attor4aAce with the Hdn'>ingtan > ach Ordinatice Codee, and that City has
xecoivtd the fee :for such connection.
City s11al.l. Dot be liable for payment of ref�ind by reason of, its ,fealAutCe >:
to ao loct or roceivp from any person or entity the drainage fee. Howovcr,
pity stress fvsrcr. an administrative, ; Itgislative ov quasi judicial prat-durNo. 70-D7
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to protect the interest of developers, either individuals or entities, who
have, previously constructed siaFilar facilities, by the collecting fees, either
prior to or concurrent-v th the development, of any property served by the
facility constructed under this agn?ement. If a developer who develops property
serv"d by the facility constructed by Builder is required as a contrition of
development to construct additional facilities, City mry allow said developer
credit toward the per acreage fee consistent with this aid agreement; and no
fees shall be due Builder by reAson of such construction;City farther agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities describe) herein.
In the event City does not require a developer tc• deposit the draitiage
fee Wlf:.h the C.ty prior to or concurrent with develup,1*nt, City will provide
an, agreement with said 4Rvesop�-r tt.4t said d�veloppr '.s obliga'r.ed, not only to
the City, but to Builder, and to develcper,s who havtk previously contributed'
to the co.yt of construction of :Facilities constructed hereunder to•depoa said,
fee with City, anal said agreement will further provide that in the event that
It becomes n6tessary to institute legal proceedings, either by the Cit- 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
ca, protectt the iut�r'ast of the Builder, but may do so.
*,41TNESS OUR Nr+l+ S AND SEALS the dAy, 'month, and year appearing below.
DATBD this -•*" day of lr ,r.. k , IV
CITY OF hUNTrNarON BEACH,
a municipal corporation:
IL
AM7 A' IfayoT -
C erk LYCaF MT CO.. -. VC,
BU L DER -
R.�Lan ls, 0, i sident� �
'l"ltt7e1L13 TO t: Willa mean Russell, .Ass° start Secretary
x
.X—
REQUEST r:OR CITE' CC}U C � N
by H. B. Harter%�PIZA4PAL-
Vol—
Submit,ted Deparl�ent Public Works ,
Date Prepared Navembe>n 17, , 19 78 Backup Material Attached L_J Yes No `
Subject Reimbursemorit to W. R. Grace Propert�.es, Inc.
n
City Administrator's Comments'
Approve as recommended. ,
�t
Statk lent of Issue, Recommendation, Analys s, rundir9 Source, Alternative Actions:
Statement of Issue
W. R. Grace Properties have monies due them under Reirbursement Agreement
No.. 79_07.
Recommendation
AppxryVe the attached resolution authorizing payment of $ 10 o W.R. Grace
Properties pursuant tj Reimbursement Ag—ement 70-D7.
. " na Xsis
W.ffji Lyon Deveiapment Co. financed the construction of the Banning
Avenue storm drain in 1970. The agreement which was entered into with
Lyon ca.l q for rai.rabursement by the City to Lyon from fees collected
from subsequent development- Since that time, Lyon assigned to W. R. Grace a
Properties all its rights to reimbarsement under the subj- ct agreement.
Drainage fees have been collected and $110 ? is now available for payment,
.tom K.. R., Grace Properties.
Funding Source
aymeht xs to be mane from the Drai.na,ge District 7C Fund.
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MUOLU IOPI NO. 4705
A MSOLUTIC"t.N OP THE CITY COUNCIL OF THE CITY OF
�
RUUTINGToN BEACH AUTHORIZ1 O PARTIAL PAYANENT ON
�
RXIMRSEMENT AGRErMM XO< 70_, 1 FROM DRAINAGE
WHERE -AS, the City Council of the City of Huntin3ton Beach
f
�e
.'
hat-, adopted a budget for fiscal year IC78-1 i7q by Resolution
No, 4663.1' and
Settion 5 of said Resolution No. 4663 specifies the
procedure for authorizing Mxper li.tures from speeialfunds; and
The Director of Public Works and City Administrator have
m-cosrnended an expenditure from the Drainage Di6trict 7C Fund,
and the City Council hereby approves said reccrr erdstion,
NOW, THEREFORE, BE IT RESOLVED by the City Cou ici1 that
partial payment- of Reimburzvze:nt Agreement No, 70-D7 in the
sum of One Thousand One Hundred Dollars is hereby
aathor.ized to be made fr )m the D:aina,Ee Distrltt 7C ems' to
W. R. Grace Properties, zero.
Pass 'D 0D .ADOPTED by" the ""'ity Courall of the CI ty of
Hunt.in ton, Sea.ch: at a regalar meeting thereof held on the a th
day of Deterber 1978.
ATIM
REVIEM AND APPROVF.DAP'PROM AS O P0MI
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4,;2 �41�
City Attorney
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Res. No, 705
STATE Cliff CALI1FORM
COUNTY OF ORANGE ) as
CIV OF tit1.MIMTON HEAGh
1, ALICIA M. M.M..Wulun, the uiy electe , q"I fip Cit7
Clerk of the City of Huntington Beach, and ex-nff4PrI.o Caor)e of the
City Council of said City, do hereby certify tImt Lhe whole number of
ma-m te'rs of the City Council of the City of r> Beach im seven;
that the foregoing recMlution vas gesAr .ed'by the affi ►tive
vote of more than as majority of all t,*, of said City Cour cil
at a reaulsr meeting theTeo£ hell on the 4th day
of December , IS 78 e by the fallowing vote-,
AYES; Councilmen:
g � `irthc�r aet_&gg iq, iebert, Pattinson
HOES, Counci,lmew
Norte
ATTN x
FRO14:
BATE:
SUBJECT
r
City of Huntington Bead
P.O. 94k i90 CALIFORNIA 926Q
ENGINEERING DEPARTMENT
July 25, 19777,
A
Honorable Mayor and City Council
Floyd G. 3elsito, City Administrator
H. E. Hartge, Director of Public F,prks
July 25, 1977
Refund of Reimbursement Agreement No. 70--D7
STATEMENT
Transmitted herewith is a resolution authorizing a par4ial
payment. of $15,291.58toWm Lyon Dev. Company on Reimbursement
Agreement No. 70-D7 for the construction of canning Avenue storm
dr.ain.w
RECOMMENDED ACTION
Adopt the resolution„
ANALYSIS
In early 1971 Wm Lyon Development Company put up the fund,,
to .finance the construction of the Banning Avenue storm drain far
a net refundable cost of $43,497.05.
Fees ,in the amo-cant, of �15,291.55 have been collected `.-ore
the. area served by the storm drain facilities and should be
refunded from the Drainage Find.
FUNDING SOURCE:
Payment is to be made from the Drainage District "rC Fund.
HEK; 7WW':'
RESOLUTION NO. 4498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON REACH AUTHORIZING PARTIAL PAYMENT
TO t;ILLIAM LYON DEVELOPMENT COMPANY ON R.E:IMBURSE-
14ENT AGRFYPMENT NO. 70-D7
WHEREAS, the City Council of the City of Hunuington Beach
adopted a. budget for fiscal year 1977-1978 by Resolution No.
A. 4479 and
Section 5 of said Resolution No. 44791 specifies the Pro-
cedure twz authorizing expenditu,.iz from special funds; and
The 'Director of Public Works and City Administrator have
rec,onriended an expenditure, and the City Counni! hereby appro res
said 1" eCtTm°,+mendation,
WOW, THEREFORE, BE, IT RESOLVED by t?', City Council of the
City of Hun i.ngton .Beach that partial payment of Fifteen Thor sand
I. o Hundred NinetCy-One and 58/100 Dollars an
Reimbursement Agreement No. 70-D7 is hereby authorized to be
i==ade from Drainage DIs*rict 7C Fund to William Lyon Deve:. opment
Coripany for constructlan, of the Banning Avenue storm drain.
PASSED AND ADOPTvil by the City Council of the City of
Hunting; on Beach at a regular rnetting thereof held on the lst
day of August, 1977.
A1ici H. 4J€2tyorth 4?0
&(
�y r City G1erl Playa
By
Deputy City r'1 er~
REVTVWZ7 AND APPRO)MDr APPRO'18''D A5 TO FORM.
C t Airtitis tratnr it At or e
b-: ,*�i ay ..,:� kG ,,�x, ��: 1.�_. ?�.•�ooiv yx."2w xf-
u
INITIATED .Axis+ APPi OM
AS TO CONTENT:
{
a
as
Res, No. 4498
STAa.E OF CALIFORNIA �
COUM OF ORANGE
CITY CIF 1• U T INGTON MACH
I, ALICIA M. VLrMORrN, the duly elected, qualified City
Clerk of the: City of Huntington Beach, and e-officio Clergy of the
City Council of said City, do hereby certify that the whole number of
w,mbers of the City Council of the City of Huntington Bench is seven.;
p P y that the foregoingresolution aaau eased snci adopted h thcs ai:fitiva.
vote of more than a majority of all the :members of said City Council.
�
at a regular _„ r r,� meeting thereof held on the Ist— day
_
of Auguste > 19 77 _, by the following `rote;
AYES Counr 'lmenc
Bartlett, W eder, Coen, Gibbs, Siebert Shenkman Pattir+ion
TIDES Councilmen:
lone
ABSENT. rouncilment
"On
Alicia M. Wentworth
City of Huntington
ENGINUAING DEPARI-MENT
August zl, 1974
W. R. Grace Properties, s, Inc.
446i Birch Street
ss Newport Preach, Califo nia 92664
Attention; E. R. Vail, Jr.
:t Sur )eet Re-�.mbursement Agreement i@- D7
T Gentlemen:
Your lettOr Of Auqust 20, 1974,, to Mr. Earl Hortc;n of
the Cie., Is �*inance Department regarding reassignment of the
n bject agreement; ha:, been brought to any attention
Future payments pursuant to the: agreement will be made.
payable to Uie William Lyon Development Company and mailed
to W. A. Grace Land Corporation, attention R. F.. Sower,
1114 Avenue of the An. era cas t New York, New York 10036.
Very truly yours,
Viz. k-;, Hartge
Dire --tor of Public Works
ASSTGN'M NT
a
e
V
THE 'UNDERSIGNED, does hereby sell, assign, transfer and set over to
W. R. GRACE LAND CORPORATION, a New York corporation,
11:14 Avenue of The .AmericL-.s, New `_Fork, New York 10036,
its successors and ssigns, all right, title and interest of the
4
undersigned in aril to any and all refunds and credits to which the
undersigned is :pow:, or may hereafter be entitled to wider and by
virtue of that certain agreement between h.m.• Lyon Development Co. ,
and the Catty of 'Ifwitington Beach titled, Reimbursement Agreement For
Stonn Aral - Banning Avenue, which pertains to Tract 5424 and adjacent
properties in District 7--C, dated February 2, 1971�
THE 1T\DERSIu',\'Eg way raints that it is the owner of said agreement free
and clear of all liens and/or enctrnbrances 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 DEVELOPMENT INC., :a New Jersey
corporation, successor by merger to
.
itn. you Development Co;., Inc.
#..<.
B y_
President
BY
' Asst. sd6lfetary "`
t
Receipt of the foregoing assignment is hereby accepted and acknawledged,
t
on this day of
CITY OF HJNTTINNGT^N B 'UH
•
'
B
Title
STATE OF NEW i'(3R C
CC UN-ly OF NEW ''Off
On August 2, 1974 before me, the undersigned, a Notary 7lubl. c in
and for said State:, personally appearedRi..hard. H.Franci.p nown to me to be the
President and E. H. Vail, Jr., kno,Yn to ne to be the assistant
Secretary of A-S DEVELOR,IE\T INC., the corporation that executed the within
Instrument, krtoton to Me to be the persons who executed t le within Instrmant
on behalf of the corporation, and acknowledged to me that such corporation
executed-zt.he tca t n�instr► went pursuant to its icy -laws or a resolution of
"
Its boardi d;�rotv
WITN3 SS -m� viand arid. of£ical. seal.
ARY 1*^ar r+AR!" NrY
# t f t. 11 y � « t . tit. Y.
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ct't Vic,, lit Nno Yor"s ro..
�c1tz,A1. satykua I�8I.S1 �0> ,:9PJ
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ENGINEERING DEPARTNMNT
s-
y,
January 13, 1971
Honorable Mayo*
and City Council `
City of Huntington Reach
Attention-, Doyle Miller
City Ad-inistrator
Subject: Reimbursement Agreement 70-D7
Storm Drain Facilities in
Drainage District 7C
Gentlemen:
Transmitted herew-itb is Reimbursement Agreement 70-D7
n the amount of $43,4�7.05 for master planned storm drains
constructed by Wm,- Lyon Development Company in District 7C,
It 16 recommended that your Honorable Body approve the
agreamedt and authorize the Kayor and 'Clerk to execute same.
The coley should be returned to this office for transmittal.
Very 'truly yours,
times R. Wheeler
Director of Public, Works
-TR: se