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HomeMy WebLinkAboutC-D Development Company - Reimbursement Agreement 137 - Colw • ,^ _�H`ems s 5.:ry`'�" a o, ' L] 5EM t-11q,1 id1JMM C7r 7:1fq • �W.FV:f1 L SWd'1 �>�� ✓���,:1]St Z+i6t1:.. r.T A VLVJo .'yam '.'4./•-'-„ 4 g Q x',��,d1'�t��Uq witUr-AS, the wzty '40uno:U of +be city of 3=tington Ezaah La3 z 00 bud, $ " ? 10,6649 y di..n=ee Ub. 1142?,, Gl i a et or he �'i.sc=s ceb, Cr � r MMIREAS, Section 5 of said ©rdiaAnca 170. 1427 gvovides the pros Tr lak authorizing expenditures from the several Special PtMds wontioa i. =id ,Section 5, and UIUM S, the Director of Public 1�orks and the City Administtratar ' I1F r xlaire recommended an expenditure, and t7F E.lS, the City Council hereby approves sate resort -ndatio� ' EE IT THERWORE RESOLVED that an expenditure i- the of Thirty-Three Thousand Three Hundred Ninety-Nine Dollard - (63� 399>96) is hereby authorised to be =de f--c: _xe "�--aa.nage Area to k t ', un4.' lPund payable to Colwell Company for tror,�, _?)--'rfo ad pzr -ambny-uptt . ",Ag"Oft-ent No�.-137. ° •.n ;�,« ADOPTED this 18th day of November , 1968. r� ^ Nuor of the (city �i Huntington u F. - f• i y Caetk of theMity of iiuntingtou Beach 48s�C- " -! `�6c»,�Fx'♦ °- •f f � e mi i'YI' �� #hM1 e� , OL [°Gy Sr H -_ "i''�x'u+'s'+.-K., . .:a-wm+._ °RiL< ":.'.•ti}-.sy-"�1P'. n�H ..�.� � .i d`ir'`.' �' , j .!'S THE COLWELL CONPHY41�1 �� /cwm. PROSPCCT2-3930 1717 SOUTH BROOHHURST GTR66T Rnmim,CRLIF. 92904 MAILIAG ADDRESS B09 2007 BROOKHURST STATIOn FRAH R.JACKSOII AnRHEIm,CALIF. 98804 VICE PRESIDERT July 13, 1972 City of Huntington Beach Eric Lovejoy Division Engineer P.O. Box 190 Huntington Beach, Cal. 92648 RE: Tracts #5561 and #5559 Permits, Fees, Plan Check, Conservation Fees 56 Units — Tract #5561 9 Units - Tract #5559 Reimbursement Agreement #137 Dear Sir: Under the above referenced Reimbursement agreement #137 between The City of Huntington Beach and C-D Development Company and/or The Colwell Company, our records reflect an amount of $41,510.76 still owing to us from the City of Huntington Beach. We are in the process of obtaining permits for the construction of the units referenced above. The fee amounts given us by your city total $7,102.72. It is requested that the total fees required be deducted from the $41,510.76, leaving a balance to us in the amount of $34,408.04. A letter of release in the amount of $7,102.72 is attached hereto for your approval and earliest consideration as we are prepared to commence construction as soon as this request is accepted. Thank you for your prompt consideration and continued cooperation. V ruly yours, FRANK R. JA SON THE C L COMPANY FRJ/ya THCULKLI compnny , 1 I1) e: PROSP802-3930 1717 SOUTH BROOHHURST STREET Ann cim,CALIF 92904 MAIUnG RooRESS BOX 2007 BROOHHURST STRTIOn RORHEIRI,CROP. 88804 July 13, 1972 CITY OF HUNTINGTON BEACH Eric Lovejoy Division Engineer P.O. Box 190 Huntington Beach, Cal . 92648 RE: Reimbursement -Agreement #137 Between The City of Huntington Beach and C-D Development Co. and/or The Colwell Company Dear Sir: Pursuant to 'Reimbursement Agreement #137 between The City of Huntington Beach and -C-D Development Company and/or The Colwell Company, fees to be paid to the city by C-D Development Company and/or The Colwell Company are to be paid by the city to the Colwell Company as reimbursement for drainage fees advanced by C-D Development Company. I do hereby credit the City of Huntington Beach in partial payment of Reimbursement Agreement #137, the sum of $7,102.72. C-D Development Company and/or The Colwell Company agrees to make no demands or claims against the City of Huntington Beach for the collection of said amount of $7,102.72, or any portion thereof. This credit to the City of Huntington Beach leaves an out- standing balance payable pursuant to Reimbursement Agreement - #137 Total amount due C-D Development Co. $101,020.76 Less previous credits $33,547.80 25,962.20 This request $ 7,102.72 2. 66,612.72 Outstanding balance $ , �iOtI OLWGLL COMPA nY conTInuinG A LETTER T0: CITY OF HUNTINGTON BEACH Eric Lovejoy, Division Engineer A copy of a letter from the Director of Public Works dated April 8, 1968 indicates the City' s willingness to comply with the herein request. Very truly yours, *. a KSON ME COMPANY COMPANY ��V�1T1NGTpN�� CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT Huntington Beach, California } April 8, 1966 i i I i Coldwell Company ' 1717 South Brookhurst, Suite 101 Anaheim, California 92804 Attention: Mr. Jackson Subject: Tract 6586 - Drainage Fees Gentlemen: After further consideration of the drainage fees chargable to the subject tract, it has been determined that the full fee ($33,547.80) can be applied toward reimbursement agreement No. 137, with C-D Development Company. This can be handled in either of two ways. We will not charge the fee if a satisfactory instrument can be provided showing that C-D Development acknowledges the credit. This would be our preference since the paper work would be reduced, and time would be saved. Otherwise, we must collect the fee and then refund it to C-D Development. Very truly yours, James R. Wheeler Dir ctor of Public Works ohn K. Mandrell ' Division Engineer JRW:JKM:mp M o TT a0_, T?J cUa& rTCIU L m 07m a It'he Mty cauz-ZK, 2 09 VaG city of MmtftsWu 12'mah llzx-, adoy-Wdd a bidz"A ZOA­ 't;hq Ycar CrAj=RCq -Woo and. UPW-MR-5a Mmticm 5 09 Mid Ca e, No. .2.42V Famildve Ow vorxndwe au-p-madil6wes f-s-zi the segoral appeo-io. 17=61's mcauawzd, In saSd Self cm .5., ond gumme the Mra-"�Gr oz ftbllld I'log2m WA 'Wim clity AdauLatmatoor hame mwor-mWed an s2mm, &tumt oad b'5° Miq C."wa- c-U hzveo2r di es amed yeccmmnnaatiowsy M 112 �M&Am "MINIM71-3D ent M In the a=.mt Off: T�m* M�m� Thvse 'gzm&-,A F6 va and OW/3.00 D*Ilvze 03,043*04) LOU 1=414 PMA30-0--Imed tO bO E&CIO fs-M-3 tkM DraLWOMP &Taa famae Fund paya'Nlo to 35hshi-orm Namoso "Eace for woft por ReImbwament. Agm-Mmit NO- A W.T_,FA J, Z_D tMe day of a 1g68® AMME'N't MURK Q of .-r November 12, 1968 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle FUlem City Adad.nistrator Subject: Drainage Area_.7G Tracts 5841 and 6575 Reimbursement Agreement No. 137 Gentlemen: It is respectfully requested that payment in the amount . of $33,399.96 be made to Colwell Company for storm drain construction in drainage area 7G per reimbursement aunt Flo. 137. The monies were collected from Tracts 5841 and 6575. Tmmmitted perm dth is a resolution for transfer of Ada. If approved9 please return the check to this office for transmittal.. Very truly ywra9 Fames . Wheeler Director of Pablic 'oaks Trans. cc: .Pinaece Department SON WDO A MOL CN OF = MY COUNCIL OF m CIT2 or VMMS g the City Wawa of the dty of Mmtingtm Beach has adopted a budgzt for the Pleca Yam 1 W Cie Nb. 14270 and V9WM g ftation 5 of said �� No, 1427 idea the pmaedws for auk. t S from the ®wed Sgedal Fmds wmtlowd In mid SecUon .5e and VBZWMp the Director of tam® woem and tbG City AftWLstmtor bave amended an agmUtume and 490 the City Comdl hereby approves mdd recommWationat IT 2HEMORE PMOLVM Oat an e:qmftture in the ant Of ftxty- rw Th=wad Mrse Hundmd ffetye vad 96/M Dollars (833vm.96) 3s bmvbv mth*xi2ed to be =de zrw the Dminw Arm ?G fad Fund giVable to Coluen for wosk pwfoxwed per Raimbursemmt, Agracmmt Rld0 137. ADOPM We day of a 1 Or Or the City of a Oa2 NM— AT=Ts y 14 NEW DRAINAGE FEE BALANCE - 7G A. Miscellaneous (See 4-24-68) $1189815.64 Tract 5841 37,768.00 Tract 6575 199973.80 $176,557.44 B. At Present, We Uwe: r Decon Corporation $ 41,510.76 Kaufman and Broad 13,933.50 M. Johnson 96,347.86 City 265,000.00 + C. Fees Available for Reimbursement (Tract 5841 & 6575 Fees) Pump Station $ 20,996.80 Storm Drain 36,745.00 D. Colwell has Followirig Reimbursement Left Cost 166,543.0A Credit 5561 5311385.00. 5562 25,962-.20; 5560 32;188.20 . 6586 33,547-.-80 ti 55.59 - 8 060.8b '�- 133,144.00 E. Balance $ 33,399.96 F. Reimburse to Colwell the Balance $ 33,399.96 G. Reimburse Merv. Johnson $ 3,345.04 �ljV, City of Huntington Beach 4 f i P.O. BOX 190 CALIFORNIA 926413 ENGINEERING DEPARTMENT November 12, 1968 ., V Honorable Mayor �� 7 f' and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Drainage Area 7G Tracts 5841 and 6575 Reimbursement Agreement No. 137 Gentlemen: Z;) C.: It is respectfully requested that payment in the amount of $33,399.96 be made to Colwell Company for storm drain construction in drainage area per reimbursement agreement No. 137. The monies were collected from Tracts 5841 and 6575. Transmitted herewith is a resolution for transfer of funds. If approved, please return the check to this office for transmittal. Very truly yours, ames R. Wheeler Director of Public Works , JRW:DGB:ae Trans. cc: Finance Department February 7, 1967 IE j4 C-D Development Company 1833 East 17th Street Suite 103 Santa Ana, California i Gentlemen WJ� The City Council of the City of Huntington Beach at their aSgular meeting held Monday, February 6 1967, approved the Reisb+utrsement Agreement ft. 137, which has been duly executed by the Mayor and City Clerk. In Enclosed please find one copy for your files . Sincerely yours, �f Paul C. Jones ` City Clark PCJ/st Enc. K *-1C)F NTIN TON CITYHU G ARACH ENGINEERING DEPARTMENT Huntington Beach, California FC�IIMTY �'�` January 31, 1967 ArpROVED 13y CL1'Y COUNCIZ, FFB. 6 1967 -..__.-___._............. ..._6 .__.... Honorable Mayor lg and City Council City of Huntington Beach ciry Attention: Mr.Doyle Miller City Administrator Subject: Reimbursement Agreement No. 137 Storm Drain Facilities in Drainage Area 7G Gentlemen: Transmitted herewith is Reimbursement Agreement No. 137 for storm drain facilities constructed by C-D Development Company in Drainage Area 7G. It is recommended that your Honorable Body approve the agreement and authorize the Mayor and Clerk to execute same. The copies should be remitted to this office for transmittal. Very truly yours, C! ames R. Wheeler Director of Public Works JRW:DB:ace . Trans. H DI EABIO rtT�yNL3CII SE�FL Jrr AGkr,EI'NT' '�' PJ6 CALIF IA Fit;JMGW4 d Dra.J:raS.e Area 7G ORANG THIS AGRVL ; DIT, dated tr•ts z _ clay of by and CI T OF HU1--1TIr1GTrjN-BEACH. a mt:n_icipal corporation her after for corivenienc-: refer.ea to as, CITY C-D DEVELOPMENT COMPANY 1833 East 17t Street Suite 103 . Santa Ana, California - BUILDER ITN:Sr ETI:: WHEREAS, rove'loper has riled application with the City* of Huntington Beach for construction of the storm drain in conjunction with the development of 2ract_55j and 5560 as delineated on the _improvemen_ t plans for Brookhurst Street in .drainage area Rio. 7G and, WHEREAS, Developer is, at his own cost and expense cons-U ucting said work a].l in. conformity with the plans, specifications and provisions as approved by the Director of Public Works, and WHE'REJks, construction of said wbrk. has been in conformity `.o an applic,': chapter of the Huntington Beach Ordinance Code, and WHERREAS", reveloner JA.s. entitled to reimbursement for the work performed following the construction. of there works, said reimbursement to be made as agreed. herein„ NOI•!, TFER. IUIRF, in consideration of the premises and the. agreements herein con�`•ai.n-ed, the parties; agree as follows: 1.. Tit Hon completion of the work, or portions thereof herein desc:,_: by tt.e Dev+,Iop-:=, to the ful:. sati-faction of the Director of Public Works and on its sir g the C .ty of Huntington Beach, Developer shall w be enti.tle.:d to - e'LmbursemHnt for drainage fee, paid at the time of developme::c of lands a��ib:x_�_c:,y to ,`,h::.s si:oim drain; .more specifically, but not limited to drainage fe !s based on Area 7G __ at the rate of. $800/acre fc, . the pump sta.tiort anci $1400/acre � for the storm drain facilities. (Refer to Exhibx.: "A" attached hereto for area served and Exhibit "C" attache dl hereto for deterwin.atior: of acreage fee. 2 '!'.;at i;} e under con: t-^action by .Developer in drai r..agQ area '1Y for .rlti.tdl rei'uncl.; are, hereby ar;Lec"d r,o tie paid r.:c, follor"s: Storm drain for Tract 5561 and 5560. ��. `.fhot tho cn3t to Devo).oper to date for coubt:ructi.on of tLi;a faci l.0,; is erti.mated to '­­ as• follow:;: Storm drain corh;t•.ractior = $1661543.96 4,. That tt-? 1xvelopor at the rz.quest, of and in the bast interest of th• City hat3 under con.otraction this facility si:r..ed to City requiremf'rits, and fo-- which the City has egreed to participate in t,be amount: of NONE.. 5. That the refund to be paid the Developer under this agreement is ar; foliows: Refund credi .ed by construction of Developer's tracts as foll.dws: ":'ra.c•t Acres Amount 5561 15.175 $33,385.00 5560 14.631 32,188.20 Total $65,573.20 Net Pefurdal,lc « 101,020.76 6, That -refund sha11 be ::fade by the Clerk of the City of Hunt:u;.gtorl Beach, upon cer-"-ification by the Director of Public Works, to the Developer as the work prc.grpsses to the exteat that funds are availal•le from drainage £,yes collected for service by this facility. 7. ' If additional users piirticipate in drainage facilities in drainage ;area Na, 7G in the future, the drainage fees they pay. will be dist.ributt-1 to these individuals or entities, that have .previously contributed to the c1c of the drain, in prcporti.or} to t-he cost borne by each such individual or en} _ y. 8. City shall riot tie liable for payment of refund by reason if its fa:i _- ce to collect or r•�ceive from any person or entity the drainage fee, However. , City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Developer, either individuals or entities, who h''rr= -2- wcnriouML), comsll-ructad dra- Im-GO fac-ilities, b:j the collectIng of the drainar­ fee's, E.�i'knor P:-iz).-: to or the approval of any final mans with'; ttin dvm--Lunf;(, ai­a, j1 r, wli.c is Within} -thv drainago area. J I G r C 1.13. as a cofidi.kjor to th- r.kpp.rcv_--1 of a tentative Or n final map to construct drainage tkict_Ut�ieis withi.-;. `LX,-. drai.ru-igr- arca, City any ,Alow said developer- c.redi.t town­dc, i no— a: rcaE;,` fee co-isjstnit tris aaid agreemen.t.; Oi.ty L,) .,:urnish P, copy of th-.uJ to the develoiler of ar)y 9.- L;Al fi 1'•.1. GLty d0f-o uot req-,;irf, a develc-Poo withi.r., the dmi.nae,,). area to' d­tcuui 1, J,r' irvitt:,.ge fee 'wit:i -the City prior to or coticurren, w*-th the zipprcml m" ,hr tentative or fj..Yval mnp, ir that eVO:Lt City Wall PVOVi(it. mi �;ny al7r.,.,emcut th uaticl cleveloper ui.ut ­mli (loveloper is ut).Lgatet3 mot Intl to the City but, t.t, t.%)P oc ve�o_:)er, ir! Evid-j-d ert.Jties who ho- ve ai cozLty,Uutod to im,- c.,)-,,L of cor:otruci,".ot of r1rairml'o fa cilitico witKiri the drnAnaj-r,e a(-,rt%(­iPnt will further nro'lide thnt in the event tL:)t it bn�:omei; 'noi.ojr;or,•,i, tc) im-.'Ututo IF-gal pi ocoed.i tigo, eiikl-her by the 'amity nu by Um- developer iirio p:rcvic)u;:,'jy coritritut-.;d ic; the cwii. of drainage to 1'rdlorcv khe of the p.-irtin.,-, Oic-;•ounder thctu the pr,-vailing Parly rJ al.l be eptltll'd to attorn(,yr; D-er.; provided, however. that the City oft-rll Hof, c.-Iiiire-1 to pay the nt-Wrt-fly"". .fees for ary of the partite:;, 10, in the e.verit ('JAy must cm.3..mci. ndditiorial drainage fnci_1iU,,,u within thin} dra-jruAM_ are.,;i to allow further developmezif- within the arco to pro,-,eed, 1.7,ty n; im.(. �unOlz r_�vailabl.c IT"'M drat T-..agr toes collected withiii dr!Atriage mrea _.?G for const.rur.tion of tho adclitioL-vil, dr�tinngt, P.,ior' to. fulfilling the herein, stated rv!trti)rucmeiit. 11 " T'c is ,md;�,r' rtood that '.be CiLy to not raquir,-,d to in,-Aitute leraj P.,-u-ceed-ings to proi.oct the ir:terest of the, developer, but may do soo 'SiTATS oar CALUVW4141 C Orange r ouWv of , ON j,annarv,�,n,r .. � I9 7 before me, the undersigned, a Notary Public in and for said County and State, personally .: appeared Cedric E- Sanders s ,..... , known to me, Ito be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. s f I WrrN>ast} my hand and o8icial se , t,.. ��..».... �, X 5MI EY L. FOX ` 'VIIIIHL" PE FOR PRINTBD) Notarp Public in and fer scald Counm and Statc. ACKNOWLEDGMEKT—PARTNC"M$r—W04eotte FORM 236—Rsv. 8.60, 7eaoa P /n� Ltt rp s LsJ ]Da-N C-D DEVELOPMENT CO. UN :;t :IIt1r!2C].k.':i. By � Y "Asrat.. Secretary c�t:;r A!"PROTIED As. TO i,Nih. STATF OF uay of �_ _ , 1� G?. be:c c`.re me ra NoL--n bl c rn arAd for said County arzd S:ate, g r...x::lJ.y app CA r. known to th e to be 2hz! Fla,�ctii, and � �/ _ Imown to :r,e to the City Cleric o"' cite (1).ty of Huzztingt -each, a in+:ai.c>}%tl corporation, the corparat .vn that executed the within iabtrument rind acknowledged to me that they executed (iaid i;. otrmerti on he"L-L_f of sucia mlraici jxJ. corporation. IR . OFFICIAL SEAL ERI MST:NA DI FABIO 'N. NOTARY PUBLIC • CALIFORNIA PRIMCIPAL OFFICE IN ORANGE C0UN1Y � v ERNEStINA DI FABID In and for the Count NOTARY PUBLIC STATE . r T My Comma,;• Y of Orange.State of California ��Tt,n'E A�'r' c'A:,..l'O:PI..A � :�n r:':f COUNTY OI` Ctt; rl;�, cs:une.5. 1969 Ora `:`11.3 _ _ day of _ _, . i") _• before me, A Notary ^uollc, ir, grid :for the v.aid County au.d Statse, pJr7. rn fly Iappeared , kn.ovr: to me to to :.he _ P:•esident. , knovr.k. to cue to be the Secretary � the corp%-)•:-a,J ot. t1haL executed the withir, iTi trument and acknowledged to me tti,ac tt�e;{ �..1 nctr ;Frri ;,a_id itizstrA;meat on behait v'f such corporati.oz:. I 1 - i I i r a c4"_'MS ( 1 a a t �J! REIL URSFa'ENT AGRF„i PENT Drainage Area THIS AGREEMENT, dated this day of , 19 , by and BEETWE'EN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as, CITY Sciitc /0 3 BUILDER WITNESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of t/�G ,�fo/m d/2�1�1 in conjunction with the development of /4GtWas delineated on the in drainage area No. L�k , and, WHEREAS, Developer is, at his own cost and expense constructing said work all is conformity with the plans, specifications and-provisions as approved by the Director of Public Works, and WHEREAS, construction of said work has been in conformity to an applicable chapter of the Ffuatington Beach Ordinance Code, and WHEREAS, Developer is entitled to reimbursement for the work performed following the construction of these works, said reimbursement to be made as agreed herein. NW, T !FORE, in consideration of the premises and the agreements herein contained, the �arties agree as follows: 1. That upon completion of the work, or portions thereof herein described, by the Developer, to the full satisfaction of the Director of Public Works and on its being accepted by the City of Huntington Beach, Developer shall No. 1 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 drainage fees based. on Area 76- at the rate of �Q1> _l for the pump station and �/ nO Z&ELe for the storm drain facilities. R (Refer to Exhibit "A" attached hereto for area served and Exhibit "C" atta:^h d hereto for determination of acreage fee.) 2. That the facility under construction by Developer in drainage area for which refunds are hereby agreed to be paid as follows: .:sforrr� D/-oi� for T�-aGf �S(o / A/7�1 lrAGf ���i0 3. That the cost to Developer to date for construction of this facility is estimated to we as follows: \� .31`orm a�in construction = /66a 5T 9 . 9!0 4. That the Developer at the request of and in the best interest of the City has under construction this facility sized to City requirements, and fot.• which the City has agreed to participate in the amount of NONE. 5� That the refund to be paid the Developer under this agreement is as follows: Refund credited by construction of Developer's tracts as follows: I Tract Acres Amount r�o/y/lbg SSG/ /5.�75 33, 385 oa 40 4' 63/ 32,/99 afl �5 573. 7-0 Net Refundable = , 6. That refund shall be made by the Clerk of the City of Huntington Beach, upon certification by the Director of Public Works, to the Developer as the work progresses to the extent that funds are available from drainage fees collected "or service by this facility. 7. If additional users participate in drainage facilities in drainage area No. 1. in the future, the drainage fees they pay will be distributed to these individuals or Entities, that have previously contributed to the -cost of the drain, in proportion to the cost borne by each such individual or entity. 8. City shall not be Liable for payment of refund by reason if its failure to collect or receive from any person or entity the drainage feed However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Developer, either individuals or entities, who have -2- I 1_ • previously constructed drainage facilities, by the collecting of the drainage, fees, either prior to or concurrent with the approval of any final maps within the drainage area, if a developer, who is within the drainage area, is required. as a condition to the approval_ of a tentative or a final map to construct drainage facilities within the drainage area, City may allow said developer credit towards 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 in the drainage area.. 9. In the event City does not require a developer within the drainage area to deposit the drainage fee with the City prior to .or concurrent Ath the approval of the tentative or final map, in that event City will provide in any agreement with said developer that said developer is obligated not only to the City but to the developer, individuals or entities 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 legal proceedings, either by the City or by the developer who has previously contributed to the cost of drainage facilities. to enforce .the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be required to pay the attorneys fees for any of the parties. 10. In the event City must construct additional drainage facilities within this drainage area to allow further development within the area to proceed, City my use funds available from drainage fees collected within drainage area ' z:_ for construction of the additional drainage facilities prior to fulfilling the herein stated reimbursement. 11. It is Luiderstood that she City is not required to institute legal proceedings to protect the interest of the developer, but may do so. I�- r DATED: BUILDER CITY OF HUNTINGTON BEACH, a municipal. corporation B7 Vice President By Mayor By Asst. Secretary ATTEST: City Clerk APPROVED AS TO 1+ORM: Asst. City Attorney STATE OF CALIF01MIA ) COUNTY OF ORANGE ss Oa this _ day* of , 19 , before me, _ a Notary Public, in and for said County and State, personally appeared , known to me to be the Mayor, and , known to me to be the City Clerk :Sf the City of Huntington Beach, a municipal corporation, the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal corporation. STATE OF CALIFORIfA COUNTY OF ORANGE ss On this day of , 19 , before me, a Notary %Iblic, in and for the said County and State, personally appeared known to me to be the President and known to me to be the Secretary of the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such corporation.