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HomeMy WebLinkAboutCapistrano Land Company - Reimbursement Agreement 69-S3 - Ba I. CITY OF HUNTINGTON BEACH a. INTER-DEPARTMENT COMMUNICATION HUNEINGTON BEACH ry r4 'To Ben Arguello From H. E. Hartge , •elk r ' Finance Director ;, .Subject'' Settlement Payment Date December 10 , 1976 ,;. Kent Land Company Please prepare a check for $33 ,977 .'00 payable to Kent Land Company, 10801 National Boulevard, Suite 204 , Los Angeles, California 9 as full payment on Reimbursement Agreements .,i. . ,. P Ym g No. 70-D6 , 69-S3 and No. 114 . The payable amount consists of the following: :1.. $8 , 434 . 00 on No. 70-D6 , Drainage District 7E-H. Payment shall be made from the Drainage Fund Interest Income. ;4' 2 . $190 . 00 on No. 69-53 , Balmoral Sewage Lift Station. Payment shall be made from the Sewer fund. 3 . $25 , 353 . 00 on No, 114 , Drainage District 7B. Payment •;,; `i shall be made from the Drainage District 7B fund. H. E. Hartge Director _of Public Works HEH:JWW:ae j iSu ' i I i f ��►/QJ� 3 2 0 • 6 5 + 4302 • 82 + 3134 • 50 + C 0 + �y1 14 2E - 31 + 17E,Ft� . 9i�,�� e City of Huntington Beac��h P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 29, 1976 _ Honorable Mayor and Council Members City .of Huntington Beach , Attention: Floyd G. Belsito City Administrator Subject: Kent and Company C1aim .Settlement Reim ursement Agreements 70-D6, 69-S and #114` Dear Council Members: Or Transmitted herewith is a resolution authorizing the expenditures of funds for $13, 977. 00 to Kent Land Co.. as full �. payment on Reimbursement Agreements No. 70-D6 , 69-S3 and #114 . Kent Land Co. had filed a claim for $71,023.00 with three ��- causes of action for the subject agreements. The $33,977. 00 is a compromise between Kent' s initial settlement offer of $38, 924 . 00 and the City' s initial offer of $25 ,353: 00 The City Attorney has informed us. that the $33, 977 .00 is- an exchange for a dismissal with prejudice for all three causes of action and that the settlement is in the best interest of the City: It is recommended that your Honorable Body approve the settlement and authorize the payment of. $33 ,977 to Kent Land Co. Very truly yours, /�H. E. HartgeD' . --Director of Public Works HEFT:JWW:me 1 1 RESOLUTION NO. 4367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PAYMENT ON REIMBURSEMENT AGREEMENTS NO. 70-D6, 69-$3 AND 114 TO KENTLAND COMPANY WHEREAS, the City. Counail of the City of Huntington Beach adopted a budget for fiscal year 1976-1977 by Resolution No. 4270; and Section 5 of said Resolution No . 4270 specifies the pro- cedure for authorizing expenditures from special funds; and The Director of Public Works and the City Administrator have recommended certain expenditures, and the City Council hereby approves said recommendation; and A. lawsuit against the City of Huntington Beach is pending in the Superior Court of the County of Orange, Kent Land Company v. City of Huntington Beach, Case No. 248 110, and the Director of Public Works, City Administrator and the City Attorney' s office recommend that it is in the best interests of the city to settle such lawsuit, and through extensive settlement negotia- tions with Kent Land Company a settlement amount of $33,977 has been agreed upon subject to approval of the City Council; and Kent Land Company will file a dismissal with prejudice. for all causes of action against the city in this case, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the following payments .from the special -.funds set forth below are hereby authorized to be made to Kent Land Company in exchange for filing a dismissal with prejudice of Orange County Superior Court Case No . 248 110 : 1. Reimbursement Agreement No . 70-D6, the sum of $8, 434 from the Drainage Fund Interest Income. 2. Reimbursement Agreement No . 697S3, the sum of $190 JG:ahb 1. t from the Sewer Fund. 3. Reimbursement Agreement No . 114, the sum of $25,353 from Drainage District 7B Fund. PASSED AND -ADOPTED by the City . Council 'of the City of . Huntington Beach at a regular meeting thereof held on the 6th day of December, 1976. Mayor ATTEST: APPROVED-AS TO FORM: City Clerk City At o n REVIEWED AND APPROVED : INITIATED AND PROVED AS TO CONTENT: Citk Administrator 2.. -� Rv No. 4367 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, 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 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 6th day .of December , 19 76 by the following vote: AYES: Councilmen: Bartlett, Pattinson. Coen} Siebert, Shenkman. Wider NOES: Councilmen: None ABSENT: Councilmen: Gibbs City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHITE-CITY ATTORNEY /, CITY OF HUNT BLUE C I TY CLERK t:.GTON BEACH No. - GREEN -CITY ADMINISTRATOR - GANARV-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION Dace Request made by Department 11--24-76 John Whipple Public Works INS'l-RUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to he introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cicarcd and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an L7MRA51gr Resolution is hereby requested: Authorizing the expenditure of funds in the amountof $33,977.00 to Kent Land Company as full payment on Reimbursement Agreements No. 70-D6, 69-S3 and No. 114. The payable amount consists of the following: 1. $8,434. 00 on Reimbursement Agreement No. 70-D6, Drainage District 7E-H. Payment shall be made from the Drainage Fund Interest Income. .. 2. $190. 00 on Reimbursement Agreement No. 69-S3, Balmoral Sewage Lift Station. Payment shall be made from the . Sewer Fund. 3. $25,353. 00 on Reimbursement Agreement No. 114, Drainage District 7B. Payment shall be made from the Drainage District 7B Fund. 1 v ! Desired effective date Signed: Approv,ed as to availability of funds � J J , 12-6-76 `" Director of hin:utcc City Attorncy - Please prepare and submit printed copies to this QKCC by: % City Administrator �-� SvrAFTJOIV -�- - -- . - , - - - -- -- I - -I- l/QA-G - j SIR •'w�1. w -�C��,_fiz _-+- -{- o bo�;o�- - :3/3y 60, % - ,�' -73 3s^ 3s'y,�- L 3� 1 , 7s3162_41 i►_13 yf'y 7o it lop f i _ 1 i I 41 1 1 1 I _ � ' J- TOPIC FILE NO. r� LEGISLATIVE HISTORY RECORD F DETAIL Sly- 1,aury - DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 3i3 ..60 11 808-%40 1114 p L FILE NQ- TOPIC �l I D.. 1 9 G I y 2970 I A ctSOLr?TSO:: or a_ ME ear ail - - E WHEREAS, t:.e City Coii;:!il o!' *he ri"y of Eurt-'.z-itcn &i rkch i:r: aiert-i ' --i•.BudrEt i'or the T, ;y WHEREAS. Su-t,' :.. -+;_ ^r^ . p nrocedurF= for aut!�orizin,- qx -r_; ,Ar _ : , e-<-,. ionvd in raid See.),on ' -rr,' Wt�.� `it.' :). S .1 , ;,i r1 tinh st.xu cr h:a-,r. - i Whm-P&5. the Cl re r rtial.ionc. >S BE T i it F aRE R GL';'"' •`,'i.` t^ x t, I'• _t r f • -. ` Thee Tho`IS3:d Cre 4up..dred Thii"::,r-fou* _,'.f X3 rioi:t^r,,, (S7 i4.(.C�) is 1 hereby withorized to ::e rsa-iv frc:: 't,e S,wer f:jad. Fimit MDbin. ►o _\ Capiztrano Land Company for work p,rfor-a_d Irr Reimbur.c�r:nr. Aoe�axmt. rao. cog-s PASS.'�? Kii! ADOPTED tr,:L 21st day of .r11�, 19��. i_ iayor A M3T: ` City Clerk y .6 97 7 i i 3 J y IOR4 11wew. . ........r 10 �!9^ 6l'�Li+•►i 07" !� /�iiei ls« 1:'11- T z .G o3oz ,*a /ce G,j dX `✓.�//.bt I( KulM' �' .GVI�r[��-Y C+A►/fY�ll�!► j'�eCt �. ^ 1 �` 0 . 0 - 76 �s y3sy �� .* // 2753 • 02 3290 • 65 + I 9 • 82 + 4302 • 82 + ' 1 -- 14706 . 3100* '144rA S E)e vr--r) 1-'FT SIT' 'T-!o lV i SEW�I� I.• S.ht�s. IDore STWONO .�Ari� L9o(1��j4) s�57.30 ;•-e- ; //-2'�� y � o 2 S� /- z-73 3 ✓u� 7b 33 3y,o 0 2 .So boy, So ' y3s'S �i 6 tj-73 t ,5 763 z..) .! yV3. 40 -27s3.02 73o•73 yy) 1631 *L 'J-3v 73 1 ' ✓l v� 78 13 1/07Vf 00 —�- 9�y•fig t . i City of a,,,o ® P.O. Box Igo CAUPOMMOU" ENGINEERING IDEFA N December 1.1® 197 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement for Ha rah. PwV Station Gentlemen: Transmitted herewith is a resolution authorizing a refund of $l4,526. 31 to Capistrano Land Company on Reimbursement. Agreement No. 69-S3 for the Balmoral Pump Station built in conjunction with Tract 6277. Funds in this amount have been collected froz the tributary area of the pump station and should be refunded from the sewer fund. I recommend that your Honorable Body adopt the resolution. Very truly yourse H. E. Hartge Director of Public Works HEH:DISC:ae Trans. i I I j RESOLUTION NO. i I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIN©TON BEACH AUTHORIZING REIMBURSEMENT PROM SEWER FUND TO CAPISTRANO LAND COMPANY FOR THE BALMORA SEWER LIFT STATION BUILT IN CONJUNCTION WITH TRACT NO. 6277 WHEREAS, the City Council of the City of Huntington Beach gdopted, a budget for. fiscal year 1974-197.5 by Reeolutiax� No. .3900; and Section 5 Of said Resolution No® 3900 specifies the pro - o*dure, for authorizing: expenditures front special fun4a; :and The Director of Finance and the City Administrator .havo recoMended' an expenditure; and The City Council hereby approves said recoUrAndation, NOW, THEREFORE, BE IT RESOLVED by the City' Couhoil of thc. City of Huntington Beach that reimbursement from the Sir 0 hand in the* sum of Fourteen Thousand Five Hundred T"pnby»-SiX, and 31/100 Dollars f$14,526.31' is hereby .authorise4' to bo de . to Capistrano Land Company as partial payzaent of ReJa4ursembnt Agreement No. 69-S3, for the Balmora Serer Litt Ststlon built in conjunction with Tract 6277, such reimbursement ohock to be mailed to -Kaufman and Broad Incorporated, 17881 Sky Fark.,North, Irvine, California 92707. i PASSED AND ADOPTED by the City Council of that. City *t Huntington Beach at a regular imeting thereof held on the 16th day of December, 1474 . ATTEST: yor City irk a i APPROVED AS TO CONTENT: APPROVED AS TO VoRmt CYt7AUministrator y ttorne . WSA/cs KMIFAMAN AND If-iiMA 13ul I'l.)l #1-11557 SIXTH FLOOR 10889 WILSHIRE BOULEVARD LOS ANGELES.CALIFORNIA AREA-CODE 213 Ma y 9 , 1968 GR 8 2021 OR TR 9:'780 City of Huntington Beach -Engineering Department F . 0. B 0 19' Huntington Beach, California t t e 11 t i on John Mandrell Gentlemen : Re: Payback Ao-reement - Sewage Pump Station Tract 62177 We have completed, construction of the Sewage Pump Station on Tract 627 .7 and received City acceptance on March 19 , 1968 . We , thez-efore, are submitting a request that the City ;)f (-funtington. Beach prepare the necessary payback agreement fo-nlic! . Enclosed please find flinal billings received and paid for by u.s for the aibove cork. These billings are - Lomar Corporation $40,475 .25--- -_ R. M. Galloway & Associates , Inc . 1 ,107 .:75 $41, 583 . 00. Please I-e that this agreement will be executed oil our oel)aiL b,,, ti-le capj_strcino Land Conipoay . Your cooperarior and help in this matter is greatly appreciated , Very truly. your-,- , KAUFMAN.` AND BROAD, INC. Abe Rosman Assistant Controller Ji City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 l ENGINEERING DEPARTMENT April 30, 1969 �>>s� V ACapistrano Land Company t' ?4064 Los Angeles, California /! Subject: Reimbursement for Sewer Pump Station in Tract 6277 Reimbursement Agreement No. 69-53 Gentlemen: � I Enclosed herewith is a check for $3,134.60 which repre- sents monies collected from Tract 5518. The balance remaining on subject agreement is $39,851.47.. Further reimbursements will be forwarded as they are collected. Very truly yours, James R. Wheeler Director of .Pub c 'Wo s Darrell G. ye Division Engineer JRW:I)GB:ae Encl. J ii A0 April 99 1969 o�,?a ��r _ • ti C i ' City of ��t�.QgLCn Bch Ationv"Oak Ea.-JIe Miller City Ad._ni strator onbjecty Reijibummmt AgVewnt No. 3 T=Ct.NO. 5518 4erifcl��s rmp,at!;orzt; ".and Cm-,Wrj con'.. rul:to1 a eager rmy E;tmtices in omnection wit'h the 4evul.cyamnt oZ Tract :6M, Th+st subject s imborsement e,•-emant .,for 642-,986.07 covers " 1'.L*�.S Ct2•�StfiLC'LSOn.. We havo collected f es from Tract 5518 in the amoxmt of s30.134.60 :bat is r' elmIxweable to Caplatimo Land Com:ay por. said aWammtp and it As maoma endod/that said anmmt bo relm- burs.ed thy,. Attachod herewith is a resolution transfers tbssD funds from the.eswar fund. if apyroved,, return the chock to thim office for trenwdttal.. ; Yery truly you= Jv R. .Wheeler Dirac tar of Publi c Vgrks . TffiaA(�sne Atte ha cot rimce Dept. 0 :�,GINAL COPY f for .;aster File f MU',)T H RETURNED f TO CITY CLERK { o . REIMBURSEMENT AGREEMENT FOR A SEWER PUMP STATION Gf THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and CAPIS'TRANO LAND COMPANY hereinafter for convenience 'referred to as "Builder" . WHEREAS, Builder, pursuant to agreement with City has , at his own cost and expense, constructed a sewer pump station to serve Builder's subdivision Tract No . 6277 and adjacent prop- erties, and said *sewer pump station has been constructed - in conformity with the plans and specifications approved by the Director of Public Works of City,- and has been dedicated to City and City desires to reimburse Builder for a portion of } the cost of the construction of said sewer pump station facil- ity as provided by the ordinance code and as formerly agreed to, NOW, THEREFORE, in consideration of the premises and agree- � ments herein contained, the parties .her.eto agree as follows : Pursuant to agreement with City, Builder has constructed, at a total cost of $46 ,484..50 , a 'sewer pump station and appurt- enances to serve Tract 6277 and adjacent properties . (See Exhib-1t. "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facility to ' City. The refund to be paid to Builder under this agreement is as follows : Total job cost of facility $46 ,4r8# :-5.0l Less : Refund credited ~b�-y waiver A; 41,C of fee on connection. ($175 per acre pump station fee only) 3 ,498.4-3 Net refundable: 2 $ ;0" J; 7 No -refund payment 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 facility in accordance with Chapter 36 of the Huntington Beach Ordinance Code, and 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 sewer pump station fee . However, City agrees from an administrative , legislative or quasi ,judicial procedure to pro- tect the interest of developers , either individuals or entities, who have previously constructed sewer facilities, by the collect- ing of the sewer fees , either prior to or concurrent with the 1. No. 69-S3 with development., :of any property served by the facility - constructed under this agreement. - If a developer who develops property served by the above facility is required as a condi- tion of development to construct additional sewer facilities, City may allow said developer credit toward the per acreage fee consistent with this said agreement; 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 Builder to deposit the sewer pump station fee with the City prior to or concur- rent with development , City will provide an agreement with said developer that said developer is obligated, not only to . the City, but to Builder, individualslor .entities who have previously contributed to the cost of construction of sewer facilities constructed hereunder to deposit said fee with City; 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 other developers , who have previously con- tributed to the cost of sewer 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 to protect the interest of the developer, but . . may do' so. WITNESS OUR HANDS AND SEALS the day, month and year appear- ing below. DATED this / day o , 196�. CITY OF HUNTINaTON BEACH, a • ' municipa corporation, ATTEST By yor ity, erk APPROVED AS TO FORM: DON P. BONFA, City Attorney By Assistant City Attorney DATED this day of 196 CAP T ANO LA CO A By SSI lt3,,e , By f 2. n��MM7 Avg 1'1C2swim 40 R3 w 40 . i R i0, RA Rt M M 'i. AI • ' r lh ' . 111 `Rt RI Al NI at Iff 1 Ott RI Rt RAat Rt flt ...._ R 2 Ott . Rt RI' RI R1 RI RI RI L 111 Rt i1 Rl r . • _ Ri - - _ `� RI � r Ra M Yaws y »�� „.. RA t P r pit'? ilk or -31 7 dc re, - a_ �..�a..d`..- ... -- Z�l-.- :...u.�i.. �.- 1¢Ef41_Stg"`-�;"""� r - :_�.�.r _- ...:-. .�. ._ -r -_�_.Y .w.c.....-,...s,.._—• - - - gh RA IS 3 jh as 1,3 .. lat lat Rta ifd iat AR RM ,26(o qc @ .�04q c{s' Ag f #t Ma RA �a R2 2 vk Af ISM RI 'F ♦ � �'� ,. N��� .tea,..$°,.,::- ! `.. ,3 • �. 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