Loading...
HomeMy WebLinkAboutDoyle Development Company - Reimbursement Agreement 70-D2 - OWGlNA!_ COPY fc, �,".: .ter (-ile f r" L TOCITY CLERK REIMBURSEMENT AGREEMENT FOR STORM DRAIN PUMP STATION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and DOYLE DEVELOPMENT COMPANY, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a storm drain pump station to serve Builder's subdivision Tract No. 6181 and adjacent properties in Drainage Area 5C and said 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 pump station facilities as provided by the ordinance code and as formerly agreed to, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Pursuant to agreement with City, Builder has constructed, at a total cost of $89,464.43 a storm drain pump station and appurtenances to serve Tract No. 6181 and adjacent properties. (See Exhibit "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= $89,464.43 Less: Refund credited by waiver of fee @ $1000.00/acre= 62,612.00 Tract Acres Amount 6181 62.612 $62,612.00 Net Refundable= $26,852.43 t 70-D2 No refund 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 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 drainage fee. However, City agrees from an administrative, legislative or quasi Judicial procedure to protect the interest of developers, either indiv- iduals or entities, who have previously constructed the drainage facil- ities, by the collecting of the drainage fees, either prior to or con- ' Y` current with the 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 condition of development to construct additional storm drain 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 drainage fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, individuals or entities who have preivously contributed to the cost of construction of storm drain facil- ities 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 contributed to the cost of storm drain 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. -2- 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 appearing below. DATED this day of 9 ,7,-;' CITY OF HUNTING TON BEACH, a municipal corporation Mayor ATTEST: C•. y Clerk 7 f f _g: EUINGER - oo cn Y2 28 H i LORaf CR. y BLUESAILS DR01 J I � m ;-ONEWOOD DR. 9MURDY _ 1 CANDLELIGHT CR DR. f ` Z J __. Z STARL16HT MOONLIGHT CR. - 3 I VALEN1 ME DR. � w _ . Ij 3 - } SuNLIGHT DR, z HE IL z =.1 F- MADDOXI DR. J —= W ' 2 - J f r R' NORMA i 1 z ` y� CITY 4F HUNTINGTON BEACH JL INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From Richard Doolittle Subject Drainage District 5-C Date January 6, 1976 Reimbursement Agreement 70-D2 +i-'' Financial Status Drainage District 5-C located generally northeast of Warner Ave. and Golden West St. is completely developed. All collectable fees have been collected. A summary of collected fees is as follows: Tract 6557 3.982 ac. @ $1000 = $3982 .00 5-28-68 Tract 6682 3.718 ac. @ $1000 = 3718 .00 11 -7-68 Tract 6371 5.758 ac. @- $1000 = 5758 .00 6-26-69 . Tract 6495 3.740 ac . @ $1000 = 3740 .00 6-26-69 OVESD Site #12 10 .960 ac. @ $ 750 = 822'0 .'00 3 -6-70 Total fees received = $25418 .00 The City entered into Reimbursement Agreement 70-D2 with Doyle Development Co. in February, 1970 for the construction of the Heil Ave. Pump Station. A summary of agreement transactions is as follows: Total Construction Cost $89 ,464 .43 Less fee credited (T-6181: 62 .612 ac.) 62 ,612 .00 Net Reimbursable $26, 852 .43 Payment 1 (4-27-70) 17 ,198 .00 Payment 2 (12-14-70) 8 ,220.00 Remaining balance $ 1,434 .43 It should be noted that Payments 1 and 2 total to $25,418 .00, the exact total of monies received. With no further property for development, this district and Reimbursement Agreement 70-D2 should be considered closed. Even if further fees were a possibility, they would be first earmarked to pay for Drainage District 5C 's portion of lining the downstream leg of the 'C5-SC2 (Murdy) channel under CC-096 (total cost=$83,649.40) - its percentage amounting to approximately $12 ,000.00. n Richard Doolittle Civil Engineer Assistant RRD:7 y trr 70 " ua A CITY COU-Ui1. OEM, 'CHE CITY mr-_R_ C,I,.NottCON, BEACH'.AU f,ORIZ'INO `CHE EXPENDITURE°1F, MONEY. FRO 'CHL�;-U.LSTWI�CT 5C FUND. WHEREAS, the Ci y;, txut►s l`1" 00„1i � Gi ty oaf Huntington Reach ;),rz adopted a budget for the.�F3,�c,a�'lfear 1970-71 by Ordinance No. `5145, 1 and ' WHEREAS, Section- "5 Gf 'said Or,d'tnance No. 1585 provides the , ra procedure for authorizing 'expenditures from the several Special Funds mentioned in said 3ecti.on 5, and WHEREAS, the Director of Public Works and the City Administrat— have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendation;. BE IT THEREFORE RESOLVED that an expenditure in the amount o Eight thousand, two 'puird•Leu '.wanly and ncJ100 dollars ($S,22D.00) hereby authorized to be made from the District 5C Fund payable �o Doyle Development Company, Lncorporated for construction of Storm C Drain Pump `,cation In DI.4;trict 5C. PASSED AND ADOPTED .this 21st: day of December—, 1)'% Mayor AT'L FIST cL I:ity Clerk arc. - - -- i a RESOLUTION NO. �147 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 5-C FUND. WHEREAS, the City Council of the City of Huntington Beach has adopted a Budget for the Fiscal Year 1969-70 by Ordinance No. 1508, and WHEREAS, Section 5 of said Ordinance No. 1508 provides the procedure for authorizing expenditures from the several Special Funds , 4 mentioned in said Section 5, and WHEREAS, The Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, The City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Seventeen thousand one hundred ninty eight dollars ($17,198.00) is hereby authorized to be made from the Drainage District No. 5-C Fund payable to Doyle Development Company for storm drain facilities constructed in Drainage District No. 5-Cj per Reimbursement Agreement p No. 70-D2. �• 1 Passed and adopted this 16th day of March, 1970. E Mayor OF ATTEST: ity erk r� r City of Huntington Beach • P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT December 14, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Az Subject: Reimbursement Agreement No. 70� for construction of Storm Drain ) Pump Station in District 5C Gentlemen: Doyle Development Company, Incorporated constructed the ' subject Pump Station. Fees in the amount of $8,220.00 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. This amount_i.s_the remaining balance on this agreement. Enclosed is a resolution authorizing this expenditure. It is requested that sum be reimbursed, the check be made payable to Doyle Development Company, Incorporated, and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works J4 JRW:TM:mp Enclos. �V r9.'G•.� �lGfir f0 S'�� g� dC:s, a�ei 7 ���?�, !� �9S��.1 .dk� �lzG .f'G`i��/�y�' /"N�'� s �•f� e7` �O©��✓� PaY, �cljl //G9 /G d �ld�'� �Gi�c.� ui�z.r- a'--A,,% cars �i�J7149:-r�� Ili/:;�Gr(jC:,�'.P''�'"✓� Cu /OG<..9;' C!¢ •�" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE i.r CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DISTRICT 5C FUND. WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for the Fiscal .Year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of err Eight thousand, two hundred twenty and no/100 dollars ($8,220.00) is hereby authorized to be made from the District 5C Fund payable to Doyle Development Company, Incorporated for construction of Storm Drain Pump Station in District 5C. PASSED AND ADOPTED this day of Mayor ATTEST: LW City Clerk City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT April 27, 1970 Doyle Development Company 350 Rivera Drive Costa Mesa, California Attention: Ed Lovell Subject: Final Reimbursement of Agreement No. 70-D4 and Partial on No. 70-D2 Gentlemen: Enclosed is a check for $41,827.41 of which $24,629.41 represents final payment of Agreement No. 70-D4. The re- maining amount of $17,198.00 is the amount of pump station fees collected in district 5C and applies to Agreement No. 70-D2, leaving a balance on this agreement of $9,654.43. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy? Division Engineer JRW:EIL:ae Encl. • i i Feb ua.y 24, L970 fir-A! City coz!iiell - F'erJ.J 81W.1.e1��•iU. _:_'k'�{3�. ,tc:txnzi "n'yle Hirer Subject- R31mbu seamnt .A.grewent No. 70-D2' Storm Drain Facilities in Drainage Araa SC' t!.f ixz'„n, th Ys. Rai bdrsament A&Feeant No. 70.!D2 I7�•strut Constructed 4 16 Development Company .r: t : ..�..•.}rev of t2'5852 43 in Area 3C. that your r. to Body a�spr©ve the ,i'i!.; b!Sd 1�30.`{.id3 t e r�pYo and Cl�i k to exaE..;Ae sme i' .- �r 'F%., "iu:i . F q 'ret-tSrnad t.O this Ofk: CQ for taa"nf.simittaL. f Very .truly yours, WhnsLer :Urector of Public Works i C:'�•� y� ~ -s•�' off_. -•- 'f n1` �ky'�S 1�� . _'"1. }+ - DRAFT REIMBURSEMENT AGREEMENT FOR Ce,i-q /h f1 SlOr THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a murdcipal corporation, 'hereinafter for convenience referred to as "City", ` and hereinafter for convenience E or y referred to as "Builder". . WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a _<,(J �rrwin joknw to serve Builder's subdivision Tract No. and adjacent properties in and 'said S, 70 has been constructed in conformity R ' 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 Q � facilities as provided by the ordinance code and as formerly agreed to, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Pursuant to agreement with City, Builder has constructed, at a total cost of - a .IA Jim*w and appurtenances to serve , � /� and adjacent properties. (See Exhibit "Ali/ E attached hereto and made a part hereof for a map of the area served) and has P ' dedicated said facility to City. "_ ' The refund to be paid to Builder under this agreement is as follows: Fit "3 Total job cost of facility $ `�, Less: Refund credited b waiver of fee @ /`! $ K: Tract Acres Amount Net Refundable 110 7, s.� ., Y.4� ._ .•._.. ..:_-t: . ..-..:fd-':- _s.- '^Y"""'- -c.-r. „r ----�1.}...i�'ar.: -.o<_...W_. .__�..-,.:.:_:l_ua.�1,.,.v.:=.�.�:u: No refund 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 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 fee. However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of.developers, either individuals or enti- ties, who have previously constructed the: facilities, by the e collecting of the G� ;//�q fees, either prior to or concurrent with the 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 condition of development to construct additional 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 4161-11a.C�• v fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, individuals or entities who have previously er contributed to the cost of construction of S16 0v1c;% r� facili- ties 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 contributed to the cost of S 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: -2- f It is understood that the City is not -required to institute legal j' proceedings to protect the interest of the developer, but may do so. 1. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of , 19 CITY OF HUNTINGTON BEACH, . a municipal corporation Mayor ATTEST: a _ City Clerk r s .j i J -3- i � +e:,trr � .. ,. :r:'-�.. � ilpa'..' ... .....,•. .. _ ..-,... r.+ ,�.•,;w.,,.;:_+ .r..+..+•:,fae+� ,.r,a+yywa•a: ! L,:w �, ...-_._,. :T."-_ —........, ' , '� .e .r. '.4.' .4v'• r-"��.. � a :•a::�..,'r�� y',�•?...: .r..�: Y ':,r' �' .1,•., .7 Ar�'. r �- � , •,KN•a ' . . '.''• 'lL.- R'••!•�. .7'' .2y':'.^Va,y: '•e� 'y ('1 .�,�.."� .M•� r�.,'.� •7r�y "R�+•. ` ... .yk} y4 � �'' .� '�.: r r� r:� t➢•v or a. .5.,�;S..:j•p. !F'••'ir:.� .�.r�r}•: }t. t` .. .. ••qF ^a. :l�`Y r, 1 •'tr' 4#h ti_ 'r:. +� a i,k.': .7.�,�.: /�^. .'tf ,Sj4•Esr< 't•�',wi,� a ..c i �` 1' '?,•J,' .:y fir:—,i,.,,� ;5 .1•• <�'r _ _ ,,. J , :re .. r?G'S- ,J, ::a,.. •;�{ j;} - { �' "^ Sdf _.Y'fi ri.y;,+.' ,i:.�•, 7o,,�: a{i lrfr, 3.. 'iQ:;�•: U�i•' 'rr •S .e r � r S :16: t r•O. .`.y,. .? t,; .! '•;, ,".,,.ti r' �,.,-}.T y.. �:51 •. M t. ,... .Cr:, ':^S•.�',., �, `.erg M.' .. ,i:.�:�. .•�: . .. r�� +,. ,.� ,i, •} `,�r,�* ';T-�" Y.,� irk e=+•.� '%a:R �Zt•;;. ..4,'�;r t _ :F �:�. - ;`'7 a'+,.'�,,.e; ,�•'�+.r •�'�:}z i .<.}. l •'•'� 'fs '"•l"=•' ��r�1•�'.•,�,,aTf••r` ,`„ ,`,.``� ::? � ')4 •'4.� t�''R!.",f.::a r.�• �N: .,nj ,'..+ °... .r r�1 �;. .� 14'•sr•<1i�3�r �. .`u� �• :.,t' /'. r ::�J�, ��T.. �,s•• ..i. J:5%.•'l��<a�� �94 t�t qq ..��}r `••rJf: ,.e "5� .y yf '� yF.,_• ..te._-�,."M. ,. � 'a.' .,� r r ;ice- ,- r�:a„ ',�' :'v �e � .� w a2� :�•b •: _ t+ a.l•''�' Cr �{ � ^Ji••;r�wa• .Y .�� V'1 >.;• P: 'r,~ "4.' :P,•r' r] w.�^� .y..s �..i t��. ,rw •� i•, . �. �!:�d'r' � �`,�.•'~� ��' ::4;�"• .14. a� -'w1.�• A,.• .F_{- r+' -r•f ,�• •t -4 .. �C. :i'3•Y:4` ,ai •ram •�� '4.'"•' ':,7;�r•.- 'i �� •rq, ar�r. 0'�y��. �� 1',iY,'r�" .i r.�'°.i.l—":^'+';f��„�.1. { .ty, �. �••l�t•,1��•�y.�. a '.1,• :1..*' ... ,'Y •.�•�!sy'J., -t: 4 S,tY •��+•7� y:�n. ;��fe:v et- "�� �{�• ^!i;• _ f h �' tkaF r,� � o-� �' • .r': ^f,`, •�; jdr'. r� �` .ti,. ,� �•,'.,�r.�':Ff3.` Wit• .w•f�, �7-•'�,.'.•'.K!f �:;'�'� �� '�.� , •:r'. ..t r ., �,t: Ny^7_ +i;;' � .r .,,g ryr rc'•;• `L.�'A?� ), a, .F.r' r. :�..+• jy,,," •�'�^._ 'S�_ Wr 'y? .;• .r � rrilk ,• 't', •�s x rs ��.-. b' �'_ 'i4`'aj ;. �;• y ` is ltin•, xr �:f _ VVY YYn lj�p`_� 2' llrayi'�'Y<� � 63�,. .'. i:i' ': r .i+ t ' }� •^ �� > r , •� > >' • jz s• r r ••_• 7 , f x' l �1. i r^ ,}r r .. {' ��,• ,Y rf•'•r�. rA' �, 'r va Y+'t :a•_ '.c .t :�:..!' �� .a.:' •- ��.., •..•,+'•�• ��� .. y,• w " ,. �$}i•'; ,�F„r ,;' ':r `� _ � •� �:' fix' �s. �w -,;_ .�y F � .rS' '�•�" 'r., �+ ' �'_,. ," ia'F' r' ri. ;rr sA `!' •• .�. '� to r�k•;: ��'!�. .� is ;,•� • M a- e,t V,;�> 1�4, � ^i: i^ s-° { �ss:r,..�rfr'.�w.•:ya-; t •�� � r,, • f:,,�:,:5 .s Y �.`i..�r .{�t� '}'��y(; w.. ,s.:,•, �'� !'e '.� '":fx�,;:: •l,v�. i� ��.r .fix• ,,r ��.�' '�+ ��'�wr. -,�a. „i" `.T'�7.'. •. •*, # ^_, •,� �,i� jj +,�y ° .`r r •�2 ' e , S`�r ..n T ,r''o rv` ,.•..,;' t i' •�•:� +,£ : `•t 'ti ,-YS .. ..,,rA�t r' 'pSYi`' •.tr1,C .per Y� •.t' `A:,is�`i, '/: •'• �'` `•r^ s �� �..{'' '?.J '..��1• •"�'j...M•.;. y y'••'_� , '�'�ei y �`y a} 1.•.�,,, y ':'.•�,`.7jt*. �� _� •� !•�a 4 . ,. �l��a��y`I�e i it ��a,� '4 ,t•r••.'.%Jy�p,¢�, •� � rsr er •4 h".S;�w ��, fL� 3�. ••.V: '�r:.y? •�+ _ �Le�G��1/,�i :.r• �• •,W..z: .'G,�r. :�_�,r,+.�•!I' • i:. ,t Fc�•�,�. n ';frr�•, •.�yn .' .?:?'C1' �1•...i .9' • rr ^ .�'• ,..?':P��' .. .�1.� O. ' 'a-' n3 +'��' :• 1.� 'rF•': u•SkaR� 'i.' '•'#•'�� •f' •}. ;rS t• .% -V!, 1y�1"y-"�: ;jCirMa��,.f. :,y�!•.. '7".' 4: ,'%f�f'' h t,1.- .4�, �._.L o R< � :yr.°• s ~ �`4' x ��,•�� . .• ,,• • a .� •: r� ' � n �;�.• ... ,yi `, rNa '. ` :''!x t•...� i •-� aa. or,T J- ( ,; ,'�'• ,i c. `ti i .f' iy, �� • -��'•�. ••� wt'�+['-'�' j4?A.: � �•r,;'.' •ix��?' '.���;,,:;.�, '°] '•A' :r t , r;r n'�..•-' '•7 ;,+ r' 's, ,h' :�" w"�° `.r a ^•�. .:� fdyN?.,i. i"L'_r ~•r' �}! 4±� i:t !� _�.i. ,'��. '�yt y�iry' 't, 4 .r �(s ,,. -+,t y, i ._�rr� ..� � . x,,v�� "t�}�,�,ri.9i_, .r - .�;_��.,,,�, L �,�':' ��f4 x-r4:.. ��j1 7 ,��• „'.: ,'�'Y_ aA.a�, �F e, y, . ��:�' ��. ,.r�`,t�T`,,�_]'�,.� 'r..,' r}. •,• J'i•:.y .�•-, •.y, •-y�4�s•i•' a`5 t_'�'I'. 'SIB a.r�t ,r•+ti''a.�'l f:'w: •-�,'� ":�' .�.'r. •/';.i,.• 'i 8a�r: .y-'�,` �; k'S:!`�t-,,,'„ " :•,.�:�}.. �S� �Lj3. C,y" 'Y" si^•.M.i;?�••` k'� ''::"?A y' a "irt�'.�7.^� � ci. y :Si` :.,a ;iL!.'-: :f`�.',�'i ��'� k: w1s,., �4: ..`.• '1" ��i• .. � '' '.^`i�,!a. ^r_t: :.l,�`•� •s r< ;�..s�[ ..iY.'� •':',,�`. •�.:' .�•#i��, ?s .�p'r: q .ti� ,r �'ti,„ �r.•• ,,7r;' a�;' ,.L' C.� ss,• _ y� •ir•N ,��•; + Z 7Y _;;7j*�,•. p .,J, ! '�,._- � .�'e�7�':T �' 't,.•+�•. ..r. •�t.�� `o��'�_, ];fie •��,i. a aa., r• "C:� `�• sr. t : ¢ +nt: :.7 '7�.._ `�• '•f � �i"+a'•\,. •.?4�;1 �•^�..,., ••r1,4a,,��„ •�, � � h;1r:h� i .. '•,S": '`;'���' .{,�'i � ".r .i.'17.1 .. - � - 'I \ .. .1 b' �..YVA.. - •J: ap• A\ .-:�n `L•.- .n r >` •Y �°��