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Home My WebLink AboutDutch Haven Homes, Inc. - Reimbursement Agreement 98 - Drain M 06 S:dDtC�sN L ao ?'(o l25,'v o o 2�3zs�6zpdzv Sr 76) 00 , b o 3 8 3z,S' , vc� Lsss (12- t-�y. a . I =` S21000;� ,� iz•3 •�¢. . 3.7.Or�23,78. 661 o .a:3 ZO Co C3.O z c1 � '%r'l�f �L z z sl l!r - 41� ��2.�5� � Z4 S� 8?2.03 . �T 3 e- 30 . 1 C-v so,- 73"7• s' � Z�s; i.3�•53 s�Z.sw G _ 114,s ,03 s-7 e r z•c, z.4 Z. 413i /00 �s7 d� • �o i xc/GC 4 'i boo e/4c-- -.;Poo I. 00 000 , 10 i j Z•v G:d-2.1.��1.�� -/�! � —c.c.,1�x..G. c��c.��, � G J,� S ,r�r� f j .L/K Q��G�[�d"�. ��'t C�.�l. ��GZ-{'C�,e�� ,�`y��C.�f ✓ cG� qua CA- i Kam. o e—c-ZI ._ �.r► rr .i �a Ate`r�i..r . . RW i RESOLUTION NO. 3084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM DRAINAGE DISTRICT NO. 9 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 mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and a WHEREAS, the City Council hereby approves said recommendations, p;. BE IT THEREFORE RESOLVED that an expenditure in the amount of Nine Thousand and no/100 dollars ($9,000.00) is hereby authorized to be made s from the Drainage District No. 9 fund. Fund payable to William Lyon Develop- i ment Company, Inc. per Reimbursement Agreement No. 98. PASSED AND ADOPTED this 8th day of December 19 69 ayor A ATTEST: City r i IN6rpN� CITY OF HUNTINGTON BEACH = ENGINEERING DEPARTMENT Huntington Beach, California AI rK�v.gn COUNTY G August 26, 1968 ......................... fl..:.... CLJW Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Drainage Area No. 9 Slater Channel Reimbursement Agreement--No. 98 Gentlemen: Prior to construction of the Slater channel which is located adjacent to Slater Avenue from Edwards Street to a point approximately one-quarter Mile westerly of Graham Street, the City Council granted permission to the staff to acquire the right of way, if necessary, by condemnation at no cost to the City. Immediate possession was filed by the City Attorney's office, 'but further legal action was not pursued, and negotiations for the rights of way and easements have been pursued with the property owner, Bolsa Laguna Corporation. The property being acquired consists of a strip of land 60' and 65' in width, approximately 2,300' in length, for a storm channel pluss an irregular shaped parcel for a pump station totaling 4.20 acres and a 10' wide strip located in Graham Street northerly of Slater Avenue for a storm drain pipe easement. The negotiated amount for the property amounts to a total figure of $103,000 for the two parcels. An appraisal for the property was made which indicated that the value of 3.13 acres of right of way plus severance damage and plus the easement in Graham Street would amount to $86,250.00. An additional 201 .strip for access, amounting to 1.07 acres,will increase the total value to an amount in excess of $103,000.00. It is, therefore, recommended that your Honorable Body approve payment in the amount of $103,000 to Bolsa-Laguna Corporation for the purchase of 4.20 acres of right of way for the Slater channel and the 10' wide storm drain easement in Graham Street. Funds are available from fees collected from builders in drainage area No. 9 for the requested payment. It is l�-y Honorable Mayor and City Council August 26, 1968 Page 2 suggested that you approve the resolution requesting the transfer of funds from drainage area No. 9. Very truly yours, Ai!� C: Ja es R. Wheeler Director of Public Works JRW:HEH:ae cc: Finance Dept. City Attorney Treasurer's Office August 309 1968 Wm. Lyon Roses, Inc. R.O. Box BH 4463 Birch Street Ne%Vort Beach, California 92664 Attentions Mr. Jack Bowler Subjects Drainage Area No. Reimbursement Agreement No. 98 Gentlemen: Request in being made to the City Council for action at the meeting of September 3, for payment to Bolsa Laguna Corporation for the purchase of 4.20 acres of right of way for the Slater pump ® station and channel. Upon payment to Bolen. Laguna Corporation that company will provide deeds to the City as stipulated by the Attorney's office. In accordance with terms of Reimbursement Agreement No. 98, request is made for payment in the amount of S .00111r' t ` would be appreciated if the payment could be made to a office by the middle of next week to cover the payment to Bolsa Laguna Corporation. It is understood from our most recent conversation that your pare in the process of cbtaining a right of wady for the Slater channel immediately westerly of Edwards Street. Very truly yours, James R. Wheeler Rector of Public Works H. E. Hartge City Engineer MtHERtae 1 �UNTINGTpye .r AAT�C �4C' J 111 CITY OF e ————————————————— ————— ———— CALIFORNIA rCUU C 69' NTY G� July 22, 1968 Wm. Lyon, Inc. P.O. Box 3640 Anaheim, California 92803 Attention: Mr. John Horner Subject: (1) 'R/W for Slater Channel in Drainage Area No. 9 (2) Reimbursement Agreement No. 98 Gentlemen: At the time of the preparation of Reimbursement Agreement No. 98, which is dated August 21, 1964, the acquisition for the right of way for the Slater channel from the west boundary of your tract No. 5789 or 5790 to the Slater pump station wa. being negotiated in 'conjunction with your proposed purchase of other properties from Bolea Laguna ,Corporation. Subsequent to that time your land purchase from the corporation fell through and the negotiated purchase of the channel right of way was unsuccessful. A request.was made to the City Council to authorize condemnation and icrimediate possession for the purpose of channel construction. The City Council authorized necessary legal action to acquire the right of way with the condition that it would be at no expense to the City. The City Attorney filed for immediate possession and made a deposit of $8,030TI00 with funds coming from Drainage District No. 9. The reimbursement agreement (item No. 3 on* page 2) states. that the cost to you for right of way was $157,054.00 for the work under construction at that time which was from the pump station up to and including the culvert at Springdale and $60,060 for right of way for future $onatruction to Station 63 + 00 which is at Edwards Street.. You have actually provided right of way under item 3a on page 2 of the agreement adjacent to Tracts 5789 and 5790, west of Springdale Street, 1.166 acres. By a letter from this office dated January 6, 1967, you were credited for that area at the rate of $25,000 per acre for a total of 29,190.00. You also provided right of way under item 3b adjacent to Tracts 5 "and 67. east of Springdale Street, 1.173 acres. You were credited also at the rate of $25,000 per acre for a total of $29,325.00. Since you were credited with providing under item 3a $157,054.00 of right of way and you have actually .provided a $29,150.00 value there is $127,904.00 due from you in the form of right of way and/or cash. An appraisal for the channel right of way was made by George Hamilton Jones, M.A.I., and we have been negotiating with the Bolea-Laguna Corporation. When we reach an agree- ment as to land cost, it is reg4tated that you make arrangements to make payment to Bolea-Laguna Corporation no that the right of way can be deeded r Wm. Lyons, Inc. July 22, 1968 Page 2 to the City. The Corporation is most anxious to conclude this item and in iiiew of the fact thechannel and pump station have been on their property for about four years, we should proceed as rapidly as possible. Since you were al d under item 3b 860,000 of right of way and you actually provided 829,325 slue, there is 830,67,5' due from you. The City acquired title to el right of way east of Tracts. 5366 and 5367 across the school and park sites by condemnation.- The right of way for a distance of 400 feet west of Edwards Street has. notbeen acquired. Arrange- ments should -be- made by your office, to convey- title for said land since you have received credit for it. Transmitted herewith is a copy of Reimbursement Agreement No. 98. It is suggested that we get together for further discussion as soon as possible. Very truly yours, NR!na! Signed By lames R. Valet James A. Wheeler. Director of Public Works OJRW:ME:ae Trans. bcc: 'Darrell Boyer Res. No. 2317 CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT Huntington Beach, California N February 17, 1966 �PROVED P.y D �CIL'OL" C i CITY B Zi4ac-.- (,OUNCIL Honorable Mayor FEB..21 1965 and City Council ................�-__.19..... City of Huntington Beach 4 .......................... Attention: Mr. Doyle Miller CIT City Administration Subject: Reimbursement Agreement Dutch Haven Homes Inc. rainage istrict #9 Gentlemen; Reference is made to the subject reimbursement agree- ment dated August 21, 1964 whereby Dutch Haven Homes, Inc. is due refund for the cost -incurred by them in the construc- tion of the Slater Avenue Pump Station and Storm Drain. .The City has collected drainage fees from Tract 5601 which are subject to refund per said agreement. It is thereby requested that your Honorable Body approve. the attached resolution to refund $29,276-35 to Dutch Haven Homes from the Drainage District Number 9 fund. Very truly yours, James R. Wheeler Director of Public Works JRW:JKM:am Attach. cc: Finance Dept. Please remit check to this office for transmittal. NGh CITY OF HUNTINGTON BEACH c " i ENGINEERING DEPARTMENT Huntington Beach, California �ouNrr � April 1., 1965 Honorable Mayor AYYa�vv v; ,965 �q ..... and City Council 5 City of Huntington Beach Q►Qr•'" -�'�• 0.1 Attention: Mr. Doyle Miller: City.Administrator Subject: Reimbursement Agreement Dutch Naven -Tomes,, Slater Ave. Storm Drain and Pump Station :re nticme n: Tie .City has collected araina�e fees in the amount of `y2 ,3Go.00 .from Tract 563&. Said fees arc subject to refund .to .Dutch ?aver. IIomes per an oxistint reimburse- rient urreeiment. It is recormended that your Honorable Lod-T approve the attached resolution to transfer a29069:00 fro;:, tie Drainage District 1-Jumber 9 fund to Dutch Haven Homes. V , truly ►ours; ' are s R. lVhe a 1e r Director of Public 'Works JMV:JEM:am Attach. P.S. Please remit chack to this of.f:i:ce for transmittal. INGtpN CITY OF HUNTINGTON BEACH " = ENGINEERING DEPARTMENT yC cQiiisbs;P\t`�Q Huntington Beach, California NTY �� December 10, 196.4. rp Honorable Mayor. and City Counmil City of Huntington Beach Huntington Beach, California, Subject: Reimbrusement Agreement Dutch Haven Homes, Inc. Gentlemen: Reference is made .to the sub'je.ct reim- bursement: agreement dated•-August 21,: 19.64. whereby Dutch Haven Homes Inc, is due refund for: the cost incurred by them in the construction of the Slater Avenue Pump Station and Storm -Drain. - We have collected drainage ,fees from Tracts 5590 And .5637 which are subject to refund. under said agreement. It is thereby requested that .your Honorable Body approve the refund of �52,Oo0.00 to Dutch Haven Homes, said monies to be withdrawn from the Drainage District Number 9 fund, Very truly yours, � P_ ames R. Wheeler. 4t Director of Public Works Jkw: JKT[:a P.S. Please remit check to this office for transmittal. O��SING�TpH� CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT �G► = ' `� Huntington Beach, California ii,isds P �� N C� Au:,1.ist 12, 1964 CITY CLERK'S COPY �ionorabin Mayor and City Council City* of ITinti.n^tor• 'each t'untin^ter Paach., California Subject: '"'Later. Avenb.e Stour. Dre.i.n and T-N.imp Station Reimbursement Agreement Gentlemen: Transmitted hereirith are three. copie of. the subject :r( i.mb.i.rscnelit a -regiment. Under this a7reement-. dutch Flav^n- homes vi .11 be snl)ject to refunds for coat incurred, ovor. and above the! drain_a,;e ^nSy constmctin^ the subject storm clrain .and purir sta- tion. Tt• l s mcommende.d that yo:zr honora',le bod r enter into this aj reemnht and instruct the clerk to fi_l.e tre instr»ment. ire my yours, rX J .e. R. 1'Ji1e r I r i sector. of Public Works Ja. J: ,• n Trans. . S. Please .remit copies ,to this office, for transrittal to the co-*�1 oper. y J - U� 1 a r RESOLUTION NO. 2035 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE LOCAL DRAINAGE FACILITIES (9) FUND. WHEREAS, the City Council of the City of Huntington Beach has adopted a Budget for the Fiscal Year 1964-6.5 by Ordinance No. 1066, and WHEREAS, Section 5 of said Ordinance No. 1066' 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 recommendation, BEST THEREFORE RESOLVED that an expenditure in the amount of Twenty two thousand six hundred fifty four and no/100 Dollars ($22,654400) is hereby authorized to be made from the Local Drainage Facilities (9) Fund payable to Dutch Haven Homes for reimbursement of drainage fees from Tract 5583• PASSED AND ADOPTED by the City Council of the City of Huntington Beach, this 19th day of August, 1964 -,Z Mayor PRO TEM ATTEST city Clgipk REIMBURSEMENT AGRE10JENT THIS A GRED ENT dated this � /�ra� day of 19blt, by and BETWIMx CITY OF HUNTINGTON NCH a municipal corporation hereinafter for convenience referred to as, CITY DUTCH HAVEN HOMES, INC. a corporation, hereinafter for convenience referred to as, DEVEIDM XIS US, Developer has filed application with the City of Huntington Beach for construction of the Slater Avenue Pump Station„ and Slater Avenue Storm DraiJ4 as delineated on the attached Exhibit "A" and as detai3ad an improvement plane all within drainage area number 9. ands, WHEREAS, Developer at his own cost and expense will construct said work all in conformity with the plane, specifications and provisions as approved by the Director of Public Norks, and, WHEMAS, construction of aid'work shall be in conformity to applicable chapters of the Hantingtoa Brach Ordinance Code, and, W'HIRLAS, Developer will be entitled to reimbursement for the work perforaed, following the construction of these works, said re- imbureomret to be made as agreed herein, M M TFMWOFM, in consideration of the premises and the agreement herein contained, the parties agree as follows: } 1. 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 be entitled to reimbursement for drainage fees paid at the time of development of bands tributary to this storm drainj more specifically, but not limited to the portions of sections 21, 26, 270 28, and 351 T5S, R11N as shown on &ftbit "A"t drainage fees based on this area at the rate of $4650.00/acre. 2. That the facility to be constructed by Developer in drainage area 9 for which refunds are hereby agreed to be paid is described as follows: a. "Slater Avenue Stores Drain Pump Station" be' "Slater Avenue Stem Drain", Sta, 0 T 00 to Sta. 63 y 00 3. That the cost to Developer for coaftraotien of this facility is i estimated to be as followst i a. Work (under aonr a iou) 1' 1. Pump Statiara (including 2 VaM units) - 2180900.00 2. Channel S4W 0 4 00 to Sta. 38 .► 00 including ", Prisgtlr 0u]7n.rR 55,]64.93 3. Engi nee ring (e ssrate) •- 329 000.00 4• Right—of—way — 15-7401 ,.OQ. Sub ?Osl $ 463,U8.93 b. Work (future) 1. Channel Sta. 38 Y 00 to Stu. 63 v 00 — 12,000.00 2. Right—of—Nay - f60,9000.00 3. lateral Piping,, - 8,640.00 4. Engineering — _ 12000.00 Sub Total 810640,00 Total 3544056.93 4. That the Developer at the request of and in the best interee of the City will construct this facility nixed to City requirements, and for 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: 2. Total Cost of Facilities $ 544,758.93 Iesst . Refund credited by construction of Developer's .tracts as follows Tract Acres Amount, Under Construction 5204 36.756. 60,647.40• 5205 23.505 38,783.25 y Total 8 99.430.65 Proposed Tracts 5366 27.529 45 422.85 s' 3 Sr , 5367 32.3 53.9295.00 _a ?3 ?• SO 5368 30.3 49*995.00 5331 70.0 � '00.00 Total $2640212.45 ApprWdmate Total Credit = $ 363#643.5� Appraadmate Net Refundable $ 181,0 1•'1,5.43 Developer will be reimburged In tbe. amount of, $181,10.43 plus or minus a variation in the cost of the facilities to be con- structed by said developer 6. That drairvag0 fees per paragraph 1 from tracts presently under construction are as follvasBy. Tmal Aams Amount R C Development Co. 5583 13.73' $ 220654650 Amount available to date 8 220654.50 7. That drainage fees per-parapaph 1 from tracts presently proposed are as.follows: Alco Pacific 5637 17.510 $ 28,891.50 G aV Also Pacific 5638 17.795 29,361.75 `j t.. V. c A1co Pacific ' $601 20.001 33,001.65 SPI Development Corp. 5500 10.396 17,153:.40 r Aliso Homes 5590 16.0 26*400.00 Total _ 134D808,30 3. 1 s An approximate cost of construction by others in conjunction with this project is as followst ' By Whom. Location Amount Alco Pacific RCP from Tracts f 5637 and 5601 $ 20*000900 4 , Approximate Cost a 20#000.00 Appoximate net amount available for refund as proposed. tracto begin construction a $ 114y808.30 8. 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 Rork progresses to the extent that funds are available from drainage fees oollected for service, by this facility. 9. If additional users participate in drainage facilities in drain- age area number 9 in the futures the drainage fees tbsy pay will be distributed to those individuals or entities, that have previously contributed to the cost of the drains in,-proportion to the cost borne by each such individual or entity. 10.. City shall not be liable .for payment of refund by reason of its failure to collect or reosive from are►-person or entity the drainage fee. However, City agrees from an actnini.stratives legislative or quasi judicial procedure to protect the interest of Developers either individuals or entities, who have previously oonatructed 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 arsai 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; 0ity further agrees to furnish a copy, of this agreement to the developer of arW properties in { the drainage area. 40 11. 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 iTith the approval of the tentative or final map# in that event City will provide in arq agreement with said developer that said developer is obligated not only to the City but to the developer, individuals or entities who pave previously contributed to the cost of construction of drainage facili#es within the drainage areal said agreement will further provide that in the- event that it becomes necessary to institute legal proceedingsp 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 there udder that the prevailing party shall be entitled to reasonable attorneys fees, provided however that the City shall not be reggitvd to pay the attorneys fees for any of the parties. 12e It is understood that the City is not required to institute legal proceedings to protest the interest of the developer, but may do so* DATED: CITY OF HUNTINGTCN BEACH Adti.pal oorporatioun : ATTEST: l' mayor City APPRO7 AS TO FQR este wCity Ittorney DUTCH HAVEN HOMES, L A� E 5e \ ! DRAINAGE AREA 9 EXHIBIT A�� -- HIEL 7d" WARNER SLATER z N DESt6WATES BOUNDARY OF DRAINAGE AREA NUMBER NINE. "97 � c REIMBURSEMENT AGREFXNT THIS AGREDAENT dated this lka_� day of 19642 by and, BETWEEN CITY OF HUNTINGTON BEACH a municipal corporation hereinafter Cor convenience referred to as, CITY DUTCH HAVEN HOMES, INC. a corporation,, hereinafter for convenience referred to asp DEVELOPER WITNESSETHt 'YHEREAS,, Developer has filed application with the City of Hantington Beach for construction of the Slater Avenue Pump Station, and Slater Avenue Storm Drain,, as delineated on the attached Exhibit "A" and as detailed on improvement plans all within drainage area number 9. and.. INHEREAS,v Developer at his own cost and expense sill construct said work all in conformity with the plans, specifications and provisions as approved by the Director of Public 'viorks, and, 'KHEREASj, construction of sai&work shall be in conformity to applicable chapters of the Huntington Beach Ordinance Code., and., WHEREAS, Developer will be entitled to reimbursement for the work perfomedp following the construction of theme works., said re- imbursement to be made as agreed herein. NOW THEREFORE, in consideration of the, premises and the agreements herein contained., the parties agree as follows: l 1. That upon completion of the works, or portions thereof herein described# by the Developer, to the full satisfaction of the Director of Public Yaorks 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 drains more specifically, but not limited to the portions of sections 21, 260 27, 28, and 351 75S, R11W as shown on Exhibit "A"i drainage fees based on this area at the rate of $1#650.00/acre. 2. That the facility to be constructed by Developer in drainage area 9 for which refunds are hereby agreed to be paid is described as follows: a. "Slater Avenue Storm Drain Pump Station" b. "Slater Avenue Storm Drain% Sta. 0 T 00 to Sta. 63 -j 00 3. That the cost to Developer for construction of this facility is estimated to be as follows: a. Work (under construction) 1. Pump Station (including 2 pump units) - $ 2189900,00 2. Channel Sta. 0 + 00 to Sta. 38 4 00 including Springdale Culvert - 559164.93 3. Engineering (estimate) - 320000.00 4* Right-of-way - 157,054.00 Sub Total $ 463,118.93 b. Work (future) 1. Channel Sta. 38 v 00 to Sta. 63 T 00 - $' 120000,00 2. Right-of.1ay .. 60,000.00 3. Lateral Piping - 8,640.00 4. -Engi.nee ri ng - 10 000.00 Sub Total $ 81,640.00 Total "544s758.93 4. That the Developer at the request of and in the best interest of the City will construct this facility sized to City requirements, and for which the City has agro-ed to participate in the amount of NOTTE, 5. That the refund to be paid the Developer under this agreement is as follows: 2. Total Cost of Facilities $ 544*758-93 Iess'. Refund credited by construction of Developer's tracts as follows Tract Acres Amount Under Construction 5204 36-756 3 60*647.40 5205 23.505 38,782-29 Total $ 99,0430.65 Proposed Tracts 5366 27.529 $ 45s422-85 5367 32.3 53o295s00 5368 30*3 49s995-00 5331 70.0 115,500-00 Total $264,0212.85 Approximate Total Credit 3 363,0643-50 Approximate Net Refundable $ 181*115043 Developer will be reimbursed in the amount of $181'.115.43 plus or minus a variation in the cost of the facilities to be cor---- structed by said developer 6. IIiat drainage fees per paragraph 1 from tracts presently under construction are as follows: Py INhom Tract Acres Amount R & C Development Co. 5583 13-73 $ 220654-50 Amount available to date 22$654-50 7. That drainage fees per paragraph 1 from tracts presently proposed are as follows: PV 644 B Amount q, y Whom Tract AcEes W.Fa ;I" Alco Pacific 5637 17-510 28,*891-50 L5 Also Pacific 5638 17.795 29*361.75 Alco Pacific 5601 20.001 33s001-65 , SPI Development Corp, 5500 10-396 17,,153.4o Aliso Homes 5590 16.o 26*400.00 Total 134008-30 3. An approximate cost of construction by others in conjunction with this project is as folloxst By Whom Location Amount Alco Pacific RCP from, Tracts 5637 and 5601 $ 200000,00 Approximate Cost = 20s000.00 Appoximate net amount available for refund as proposed tracts begin construction ae $ 1140808.30 8. 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 for service by this facility. 9. If additional users participate in drainage facilities in drain— age area number 9 in the futures the drainage fees they pay will be distributed to those individuals or ,entitiess that have previously contributed to the cost of the drains in,Qroportion to the cost borne by each such individual or entity. 10._ 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. Howevers City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Developers either individuals or entities, who have 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 areas City may allow said developer credit tmmrds 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. 40 I 11.. 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 with the approval of the tentative or final ma.py 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 facil #es 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 there under that the prevailing party shall be entitled to reasonable attorneys fees; provided however that the City shall not be regq, d to pay the attorneys fees for any of the parties, 12. It is understood that, the City is not required to institute legal proceedings to protest the interest of the developer, but may do Saw DATEDt 19,64 CITY OF HUNTINGTON BEACH A mmWipal. corporation ATTEST: By + (;7 Woor P city Cifey APPRO D AS TO FO.i3A4t Aset. City Morney DUTCH HAVEN HOMES I 5. 11 11 .DRAINAGE AREA 9 EXHIBIT " A.A- WARNER , c A 8 N - OESMffES BOUNDARY OF DRAINAGE AREA NUMBER NINE. "9 . -