HomeMy WebLinkAboutAries Homes, Inc. - Reimbursement Agreement 96 - Drainage Ar TOPIC FILE NO.
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DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE
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FILE NO. TOP I C
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1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF
MONEY FROM THE DRAINAGE DISTRICT 7C 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
i
WHEREAS, Section 5 of sai Resolution No . 3503 pro-
vides the procedure for authorizing expenditures from the
several Special Funds -mentioned in said Section 5 , and
WHEREAS, the Director of Finance and Lhe City Adminis-
trator have recommended an expenditure , and
WHEREAS, the City Council hereby approves said rec-
ommendations ,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Huntington Beach that an expenditure in
the amount of Fifteen Thousand Four Hundred Fifty-Five
Dollars and 10/100 Dollar ($159455.10) is hereby author-
ized to be made from the Drainage District 7C fund. Said
amount to be made payable to Aries Homes ,_ Inc . (W1111am
Lyons) 8s full balance of Reimbursement Aare_emeii�__No : 96 .
PASSED AND ADOPTED by the City Council of the City
of Huntington Beach at a regular meeting thereof held on
the 7th day of August 1972.
Mayor
ATTEST: APP ED AS TO FORM:
^' ^~G City Attorney
RESOLUTION NO., A., .
+ 'A RESOLUTION OF THE CITY COUNCIL OF HUNTUOTOR
BEACH AUTHORIZING THE EXPENDITURE OF MONEY pack
.r . THE DRAINAGE AREA ?C FUPID,
- liMPREAS,, the City Cou*z+cII of the.C3 ry;of'1440 t ngf."V-n 1?t.Ar�4 4po�•
x adopC r'"i Buy' ' for the Fiscal Year 1968-69
and, _
oti?a:'tyAS, Section 5 of said'Ordinance.-$o. 1427 pt;tvi44rt ;.
. procedure fax: authorizing expenditures•,from •thc several Sp Itt "
irentioned in said Section 5, and
WHERFAS., TM5. Dasrec for of.Publ ac Wott s and. the. i fit».
tor,have reccmxended an erpendi tore;•`ant: r..
WHEREAS .,the City Council hereby :pptov,�s aai4t 'r t -T5,'as o° _ 4
NOW BE IT THEREFORE RESOLVED that. an expenditu e iu, z z
r of Thirty semen thousand, seven hundred eighty five and�vi�t a dtaI �4
($37;785.25)- i`s-Tiere-by-authdriied to"be-rziade from--thie i
7C FUND payable'to Aries Homes_ for the Construction n fasx.
Pump Station and Storm Drain;.
tli4-C ty` C tfcil1a€ .L2; C t;v o,r ,._,:t�1�•-
ton Beach, California at a"regu1ar=153 ''h M meet#ng
the 3rd day of SeUteiab`Ox
ATT£ * c
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RESOLUTION YO. 1942
A RESOLUTION OF Td , CITY COURCIL OF HLTNT—
TN,:WN r:;rACH ALTTNORI ING T` Z EXP7NDITURE
OF 3'O:VEY FROM T-,- LOC tL )RAINAGF. ACILITIES
FLND - 1R.3A 7C.
1 I ,''1EREAS, the City Council of the City of Huntington
I
i Beach has adopted a Budget for the Fiscal Year 1963-64 by
Ordinance No. 981, and
WHEREAS, Section 6 of said Ordinance No. 981 provides
the procedure for authorizir•g expenditures from the several '"
Special Funds mentioned in said Section 6, and
WHEREAS, the Dircetor of Public Works and the City
l ` Administrator have recommended an expenditure, and
-
WHEREAS the City Council hereby approves a said
recommendation, yY
• BE IT T'IF'REFORE RESOLVED thlt an expenditure in the
amount of Fifty thousand three hundred forty five and 55/100
C:.11ars U 50,345.55) is hereby authorized to be made from the 'r �
Local Drainage Facilities Fund payable to Aries Homes, Inc.
for reimbursement of drainage fees collected in Tracts No.
5201 and No. 5251. Reimbursement for oversized storm drain
constructed in conjunction ::ith Tract No. 3903.
PASSED AND ADOPTZD by the City Council of the City
of Huntington Beach, California, this 6th day of -lnril ,
1964.
1TT. S^T: ay r
City •k
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\�. ,Liar' & 'Material loci �.,
Amount
3";? d
Transmitted
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rya� s .q �±s ) /i, J $ apt wt+,.uc�+�,'*trtvs»e»h:ru.,+crnaw,wnxorv�mv.c�`^rwr+w.orw
R:9.F•.i.r t :''i P `'n� Inc T i. C -fit c �we �ecili p / �b' riled'
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To t
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DateAgreemerts
Accepted
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AJ'1i' NIT-ABER
Monument Bond P mount 3
Acres_ 3 -7' `j 8 5 Lots 7 Improvement Bond Amount 3;Oj 00 25. 14'
improver - ) Received `� Transmitted
Party agreement )
Monument Bond Received . `/ Transmitted
Agreement Received '� Transmitted
' Ga S� Filed.
:InsurancE Certificate Recd. �,_.,..
Water Deed Received TraitemItted
-Wer— Acres/viMe C. $300.00 or
Water 3 ! Acres/.ii" ( $150000 or 420=0G
r-rsinage--M12- 15 Acres 0 = .
c O 0 5� /'
i:ngro & Znsp air x (Bond Amount) L0, OU 3 UU ;/y v �
Consiructi.on 1•nter� Lots/ir*s (,1-5,00
Total
nr.1`13 UK;V4:NT AGR1--V,'4M.`
Vo(.r--r YF•s or No Date Recorded
r Ycs or No hate Improvements
Accepted &.Bonds
rra inag e Y r s or No &, Agreement w
released by. 0ity
Council
x;•,�•�AFx� '�'�—CL- `ta � flit
.__............. .
Jun- 19,
William Lyon Hames, Inc.
F.J. Box 1430 0Z.
Huntington Beach, California
?,ttont ion: Jack Fowler /
Suhi.ect: Bon,! lm0unt!2 ar-' F s
'react 71'>?, Revisse
Following Are Ch.? bond amounts and fees r cirivoble from the sub-
inct tract: _-
Bonds
?=er,'nrnlnnrie Bond- , $27,500.00
Labor and K!terlal Bond- �` ; 27,500.00
Monum,int Bond- i' i 700.00
'':o iir, 2 units ~ $60.1J,If//lf,;.`` 1,620.00
Wiitcr, 27 UTI:LLs .' y��iG�//�9�Jt�tn�) �S' �� 810.00
Drainage. {;.722 :acres !� . acr.4�� 11.,774.70*
Enp n-r:c-m. and insnA t'ion. 3 , 000.00� 1 .350.00
Construction wale— f'-277 \1uL`s'(�A5.nq/1nt= 135.00
Each fee must he on A .'4parnte check.
Enclosed, are\tr_M►.-_ ^�c+v�nts far .h<, subject tract which you should
have executer? and' re' �T�to this o`fict:. Your attention is invited
to paragraph 4, page 2 requiring :: c;.r. tl[lr ate o` insum;nce showing the
City as afiditionally insured.
For Parks, Recreation and Plan Check fees please contact the City
a1 ar.i nc- r>,�pm r tm-n
)rP4r.^nr fee of $11 774.70 will be credited against Agreement 496
t: ,:nnirg ",m- Station? leAving a balance of $15,455.10.
Very truly y#:%uT-r,,
J-,i ne- R. '^Peler
!'-'roc t!+r or ?ubl lc Works
Dnrrell G. Boyer
,��x7:I��3sCPS:nt ',i.•+ni.nn anQtrc�gr
r:. 9 vno::heli' 1r.indle and Nelson
February 19, 1970
William Lyon Development
4463 Birch Street
Newport Beach, California 92664
Attention: Alton Fowler
Subject: Reimbursement Agreement #96 ✓'"'
District 7C
Gentlemen:
There has been no change in the status of Drainage District
7C since the City reimbursed you $37,783.25. The remaining
balance on this agreement is $27,229.80.
Very truly yours,
James R. Wheeler
Director of Public Works
H. E. Hartge
City Engineer
JRW:HEH:TM:nt
cc: H. H. Tolkan
Oka Brothers
I
CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590
September 5, 1968
Department of Public Works
City of Huntington Beach
P. 0. Box 1.90 j
Huntington Beach, California
Attn: James R. Wheeler
76
Re: Drainage District;A Reimbursement Agreement 96
'i
Dear Sir:
Wm. Lyon Development Company, Inc. successors to Aries Homes, Inc.
and Dutch Haven Homes, Inc. has made a review of the status of our
reimbursement agreement #96 for reimbursement of funds expended by
Aries Homes, -Inc. and find that there is an excess in the account II
at the present time of $37,785.25 and that per your letter of January
16, 1967, which we agree with, there remains $65,015.05 reimbursable
to Wm. Lyon Development Company, Inc. successor,--,to Aries Homes, Inc.
and Dutch Haven Homes. We therefore request immediate .payment of the
$37,785.25 in the fund at the time and due us under the reimbursement
agreement #96. i
Yours truly,
WM. LYON DEVELOPMENT COMPANY, INC.
Alton Fowler
Staff ,Engin�r Y`4
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Srt Customer's Order Date
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DATE SHIPPED SHIPPED VIA TERMS F.O.G. SALESMAN
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT dated this /7 day of
196C by and
BETWEEN
CITY OF HUNTINGTON BEACH
a municipal corporation
hereinafter for convenience
referred to as,
CITY
ARIES HOMES, INC, a cor-
poration, hereinafter for
convenience referred to as,
DEVELOPER
WITNESSETH :
WHEREAS, Developer has filed application with the City
of Huntington Beach for construction of a Storm Drain in Banning
Avenue and Storm Drain Pump station, as delineated on the im-
provement plans and storm drain pump station plans for Tract 3903
in drainage area number 7C .
--------------
and,
WHEREAS, Developer is, at his own cost and expense con-
structing said work all in conformity with the plans, specifications
and provisions as approved by the City Engineer, and,
WHEREAS, construction of said work has been in conformity
to an applicable chapter of the Huntington Beach Ordinance Code, and
WHEREAS, Developer is entitled to reimbursement for the
work performed, following the construction of these works, said re-
imbursement to be made as agreed herein,
• t{
ti
NOW THEREFORE, in consideration of the preml;53;:s and iv:-
agreements herein contained, the parties agree as follows:
1. That upon completion of the work, or portions dicr,,of
herein described, by the Developer, to the full satisfaction off the
City Engineer and on its being accepted by the City of Huntington
Beach, Developer shall be entitled to reimbursement for drainage
fees paid at the time of development of lands tributary to this storm
drain; more specifically, but not limited to Section 18 and the
�1
N 1/2 of Section 19, T 6 S R 10 W; drainage fee based on this area at
the rate of $1, 350.00/acre, as shorn on Exhibit "A" attached hereto.
2. That the facility under construction by Developer in drainage
area 7C'for which refunds are hereby agreed to be paid is described
as follows:
"Storm Brain Pump Station and Improvement Plans for Tract 3903".
3. That the cost to Developer to date for construction of this
facility is estimated to be as follows: .
Pump Station Construction - $203, 802. 02
Storm Drain Construction - 57, 564. 62
Engineering Design - 14,055. 26
Total t $275, 421. 90 Q
4. That the Developer at the request of and in the best interest
of the City has under construction this facility sized to City require-
ments, and for which the City has agreed to participate in the amount
of NONE.
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A
5 . That the refund to be paid the Developer unider this
agreement is as follows:
Total cost of facilities constructed by Devekopef
$275,421- 90 Less:
Refund credited by construction of Developer's tracts ab f fflo s:
Tract Acres Amount
3903 63. 3.4 ✓' $85, 239. i'�,'
�j
3898 48,•OUb. Ot)
Total Ciedit 4133 245 i::v
Net Refan&-bie
6. That the drainage fees per paragraph 1. from tracts
an which tentative subdivision maps have been filed are as follows:
Owner Tract Acres Amount
Johnson 5201 19. 41 $26, 203. 50
Johnson 5251 17. 88 24, 138.00
Buchanan 4992 13. 68 18, 468. ( ��
7. That refund shall be made by the Clerk of the City of
� Huntington Beach, upon certification by the City Engineer, to the Developer
as the wrk progresses to the extent that funds are available from drainage
fms collected for service by this facility.
8. If additional users participate in drainage facilities in
drainage area number 7C in the future, the drainage fees they pay will be
diataributed to those individuals or entities, that have previously contributed to
the cost of the drain, in proportion to the cost bane by each such individual or
entity.
9. 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.
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However, City agrees from an administrative, legislative ur quasi.
judicial procedure to protect the interest of Deve.lop�---r, either,
or entities, who have previously constructed drainage facie aitL:3.
collecting of the drainage fees, either prior to or concurrent :.11
approval of any final maps within the drainage area, if a
is within the drainage area; is required, as a condition to !"tie appr ova
of a tentative or a final map to construct drainage facilities wi►111".1i lh'
drainage area, City may allow said developer credit towards thJc 1_tz:r
acreage fee consistent with this said agreement; City further agrees t;:
furnish a copy of this agreement to the developer of any p:roperties i« tske
drainage area.
10. In the event City does not require a deve--Iop-..r wi&,in
the drainage area to deposit the drainage fee with the City prior to or
concurrent with the approval of the tentative or final map, in that. ev;^r!t
City will provide in any agreement with said developer that said rcvelopL�t
is obligated not only to the City but to the developer, individu los or er:ilt_e:S
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 lega:t proceedings.
either by the City or by tlr, developer who has previously contributed to
the cost of drainage facilities, to enforce. the rights of. the parties th�rc
under that the pre%iling party shall be entitled to reasonable attorneys
fees; provided however that the City shall not be required to lay the
attorneys fees for any of the parties
11. It is understood that the City is not required to inseit"JW
legal proceedings to protest the interest of tree deve.loper, but may do s-o.
DATED: 7 , 1964
CITY OF 1K."-M17INGTON BEAC
A municiAl comorati
Bv
A ST: M avo",
APPROVED
C1t4 C IQ '..
Asst. City Attorney
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ARIES IlOiMi_S,
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