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Home My WebLink AboutEssex Land Company - Reimbursement Agreement 139 - Drainage 3 RESOLUTION NO. 3235 A RESOLUTION ff THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND. WHEREAS, the City Council of the city of Huntington. Beach has adopted a budget for the Fiscal Year 1970771 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 Fifty-three Thousand Four Hundred Thirty-three and 50/100 dollars ($53,433.50) is hereby authorized to be made from the Drainage .Distict 1G fund. Fund payable as 'follows: $13,433.50 to Kaufman-and Broad for full. balance of Agreement No. 139 and $40,000.00 transferred to the Sewer Fund as partial repayment of loan for Hamilton Pump Station. t . PASSED AND ADOPTED this 2nd day of November , 1970. w Mayor ' ATTEST: -� t i t k DRAINAGE AREA 7G APRIL 24, 1968 See attached December 1, 1966 status report for details. I. CONSTRUCTION A. Complete Kaufman and Broad $189, 145. 30 Decon Corporation 166,593.96 Johnson 136,880.66 Argus . 12 ,842 . 19 City (Pump Station under construction, W/2 pumps) 264, 534. 00 $769,996. 11 B. Future Atlanta Storm Drain $ 992000.00 2 Pumps in Pump Station 95,000.00 $1941,000. 00 C. Total $963,996. 11 Uses $9641000. 00 I I. KAU FMAN AND BROAD A �A. Cost of 4 $189)145. 30 B. Fees Credited Tract 5907 '/ $ 411,522. 80 Tract 5939 - �- 46, 505. 80 Tract 5978 _ ,11 __ ?,� 7- -�:=boo Tract 6247 -�� 13,954. 60 $175S11.80 C. Balance Reimbursement Due $ 13,133. 50 III. DECON A. Cost $1661593. 96 Of [ � �B3 Cityof Huntington unt ngton Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 26, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Killer City Administrator Subject: Reimbursement of Drainage Fees in Drainage District 7G - payment to Kaufman and Broad $13,433.50-Agmt. #139 and Transfer $40,000.00 to Sewer Fund Gentlemen: Drainage fees in District 7G in the amount of $53,433.50 have been collected from developers and should be disbursed as follows: Payment to Kaufman and Broad $13,433.50, the remaining balance of Agreement #139. Transfer $40,000.00 tn.Sewer Fund as partial repayment of loan for Hamilton Pump Station-balance would then be $120,000.00. It is requested that these disbursements be made, the check be made payable to Kaufman and Broad and returned to this office for transmittal. Very truly yours, ames R. Wheeler Director of Public Works JRW:TM:mp r� �p ' illi'iP•l�i•.l i1G.,•, i_3Pr;" .nr •7G '.hIS anted this � day of ) b;,, and EF;C1•J[:i;ia . ('ITY' OF tU,lTTWGTO?T BILACii.: t mun-.icipa.l corp.).-cation Yiex einafter 'for" coz-vent::nc r,cferred.t6:as, UlTy' ESSEX LAND,"COMPANY..- 10889 Wilshire Boulevard Suite 64o' Los Angeles, Caiifornia 90024 ' BUSLDFH WIT! SLTH: :f;'l;;t'i?;a.' filed appli cation '.+ri.th ttic �llty of-Huiit.ingtcn }Belt it J o r:.::ra;:c;;.c i;ic•r: c f 'a storm .drain in c:;ri,junctiyr: •eZt', r;r4: ,F...ci•:, en; 'oZ Tracts 5907,,5939 ana.59.78 ;)s deLi.neate,l o,i L-J,,, improvement plans for the BrookYiurst Storm Drain ri lra i tlra�:,7 n Z_ r Vo� 7G _ + and. WHERLA'd, I'r•'n;'ioper is, at his own o t; "and r_xpensv rat: '?ruc,:ine said wi tb the plans, spec,4,fieal i ori:a crick prwrisiors as - vert -b,t t"u- Director of Public 'Oorizo, anc3. " WirI;FA�!i:, res,�,:;rruc'tidn of said �atk hac, been in, cainfotrni;y to ar. .rap'%er of-the J{t,xr'tingior. De.:ci, Ordinance erode, ar�i raAaiier :,, elk-itlerl to reimaursemet'rt, for the i•tork rerfcrnrai i'ollor4izL Mlle .o.istrucU(,n of these works, said rej,mbur,3cm6uc to he criade'ar, M)W, '.PnhR FOR.F, in corns.dera-lion of the premines, and the' agroevients- ` ira^ein cotvL tim(, •1;Ye pa.�tie.s agree as follows:, 1. That t.)luu complo:.tiou of the .wcirk, or port tons ..her.e)f here.ii:,desc.r;. r-J, by. ,tt.e: Develop_,r, tc the ful:. satisfaction 61' the Director of Public works anti an.its teiq., accepi:eu "ry the C tlr of Hantin�rtorr Beach, Developer shall No, 139 _ a i i mr-e oecdfxca).3, , but not limited 7G_---- t take 'raj-e ;,f' , $800.0olacre ?o :......Ltv _$1,400/acre^- _ for the s;:urri drain i:aci.l.ities. :•f_r s':h_b;. : "A" s t(ach:d hereto for area served and Exbibit "C" attaot- .,:,. _ .., for dc t n.t.n=,tic,a of .?cr,:ape fee.) `fr:,t t ; fce li.t.y onder• covatructi.on by Developer in drairage area .a a:nirh r fur;i; a-, herchy agreed so be Mid as Follows: Storm drain for Tracts 5907, 5939 and 5978. tt ... cr•;t to Developer to fe.r construction of tLir., f.cilit:,-. Storm drain cor•st.•uct-ior- 42. 0_��__r. :t the re_!c.,3st of and i.it thr• bent interest o.f r:f t C,L i +:c c zJe: :oai:rurt,oe "hi.s ft,.l.l.i.ty e:i:.ed to City requiremef,ts, and iu <-grr•ed to p;mtici.jaV:, i-re the arnouni of NO W.E. ;hat r,fu:d te) ba paid the Developer under this agreement is :I.- 'Of c,:di .0" by.corst r:ct::io,; oi' Developer' tracts Ce f'ol_.lows-, 5907 18.874 $ 41,522.8o 5939 21.139 46,505.80 5978 .33.513 73;228:6o Total $161,757.20 Met Refu,dal-le -.» 27,388.10 6. i"h:;.:. f, f�!nc,. uhall be made. by i:he C erk of tli:, Giiy of H•uiitir;:;t.o.n B.-�!ac'r,, ur-o❑ ce :iTIcation by the Director of tublir honks, tc the Developer z.t the _,. ::i;cczsr:,rs 'u: ih> exLea:. tit:t funds ta.r.^ .vall-al-le from d:ainat; ^ea co.i.iactcd or-ice b..r this fac '.it:y. r. I aJ::iii.ccal draiic-:,.rc f.?.:-iltties JIn d-�in3g o-e_^ ':u. 7G_..... ;.n the t;.rvr the ..:al... ge iec'C f.aey !:-Iy will. be di iiui - ti: tr „o i;_:?.i •irr."±:' o_ :-,n`CJA.ies, that. ;Lave previo:er,':y contributed to rre c thr dra:ia, it proport::or to the rual, borne by each sarh indivLdunl. or en': 3. City s::1a:i.1 aot be 3111'•.z'e for payment of refund by reaaon U :rs f.�-- •re o rc1J-act or •. -ceive from aey person or entity cha drainage fee_ R wever, C;t:y a`•re.--s free an adrr_rustr-ative, .legislative or quasi judicial procedure to protect the :interest of Developer, either individuals or entitles, .)Ilo IL-. -2- nici utios, 5,7 1ae of the drair-ni" C-n c -vr npprorLu of any final wnn with, k lz� I It- :i Jo with-In the drrinage area, is requjl.t.!, it �o th., aPprr.-vaj of a tentative or a final map to construct wi.thj-,., tv- drai.--)age area, City may allow said developer --:Ali rjF:r a.rears fee cottnistent with tbis said agreemeitt; CUI� ii- Cornish a of this agree-neat to the developer of zuij 9. Lt tho c r c2 City d-er not require a developer within the drainage F-I'P;A Lc, (10-T,O.Oit i1ir drainage fee with the City prior to or concurrent with t'ov- &Pprwj-A4 tent*at.ive. ci finial m,-!p, ix, that event CV�y will provide i.- any !:it*i 5:,.;d devc.toper that said develope:- is o0i gate-J not :-,he Cit-:' 'WL !:n the dP-v0r--,jPr, individuals or etititios who have previo-a.J., te, i:w- oast. of construct Lori of drainage facilities within the atgrermient will. "arther provide that in the evesit that 1.1 nc tega, pvcceNlingis, either by the City or by dievoloper 111;i--- previously conl.'r-j-tuted to the cost of drainage faeilit,"c. ,I forc., 1 1,;.: cj,^ LlIe )ax-ties ilivreurider that the prevailing Farty .71J. 1 P ::o roaz--niable !Atorreyr, fees; provided. however, that tht, Ly sh-711- not rA to rvty thr, at t orr eys fees for arty of the parties. i:l!,-- i-;!, Citv rjus'L eons trti(A rudditio!ial drainage rat:Aities ar:--.a to vIlm., furthe7- deve .onment wit.hix the area to t.',.I.y -P--- -js"! fends fr,-m drainage 'lees collected Within ?G fn ret:5iructiur. or the addi6oj-,al. drainnrt- facilit-;,: P:,I or a i. L hr- icar r stated rc-Jnl 1:111-a cm e n I L ..i -.terstooej that :.he City is riot required to iiistitute legal p;o eei:i ti-s'i tc ri:,-ntpct the. lio;r-,�est -).r the developer, but May do so. :t T�•J�---iClt- ' ay _ ��. .,acretctry -- it pn I__,44 } h ?ure toe, "'! .. ..,lL - ��e�� —•—' a :e :i y Ptct 1 rr:� t ci aar� i c: " I� _•.�:.. :.1.. � .-•�G2�rl.� 'i' S41(.i Co:2rit�. .. } t C�: -1+:! -•. �:.t..,"t i`"r�". -...._-. �.(]bwb LU 7!? 1.':/ I. 2 tram' ... .. .r .i�;i.a:::.._ Off'. i,r;iq 1♦, '..f' • Ili`-'+� t0 n}@ t.11a+ ::c. suc.1 mu;•i t;i 1�i1- crrpc:)•ati.ot.l, L` OFFICIAL SEAL ERNESTINA D!FABI NOTARY PUBLIC . CALIFORN I. PRINCIPAL OFFICE IN ORANGE COUNTY ERNESTINA 01 FA610—NOTARY PUBLIC IA etld for the COunjy of Orange,State of Califorhia 'qt; Lr My Commission t ,t i fi"i.�^' : + Expires lone 25,19g9 City i_l y Mall•Huntington Bench.Calif. _...�3:? _ . gam before me, a rtb:ery. Yc,'1.'• ;c• „ :• ,':�z Svq:._. ........�-'• a`�SL�c.� GG ,^ coot 'a cc.. pr';•c,onvJ.:Ly apne=red i.'�:�.c�QAr>\:;.�: l r _._:�_~ _... ,cuo:.•Lt I•: wr. ro r,n wit, c Lila with.irc .Lt:struiaeut and a,:Ic.ar'N:2er, rc��at�z y s;)"ii+ i•.aot•rl:pert i p,.d .L'o rtle �. br ,c ha..i of surh r_o!goral:$.ute. PATRICIA MAE ORDWq - • No c. ROS NCtPgj t OFFGE�� G '�. PATRICIA MAE ORDWAY My Commission Expinis Match 2,100 ' •r • 4,J ` City of Huntington Beach �, • P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 26, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement of Drainage Fees in Drainage District 7G - payment to Kaufman and Broad $13,433.50-Agmt. #139 and Transfer $40,000.00 to Sewer Fund Gentlemen: Drainage fees in District 7G in the amount of $53,433.50 have been collected from developers and should be disbursed as follows: Payment to Kaufman and Broad $13,433.50, the remaining balance of Agreement #139. Transfer $40,000.00 to Sewer Fund as partial repayment of loan for Hamilton Pump Station-balance would then be $120,000.00. It is requested that these disbursements be made, the check be made payable to Kaufman and Broad and returned to this office for transmittal. Very truly yours, ames R. Wheeler Director of Public Works JRW:4M:mp RESOLUTION NO. A RESOLUTION( THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G 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 Fifty-three Thousand Four Hundred Thirty-three and 50/100 dollars ($53,433.50) is hereby authorized to be made from the Drainage Distict �-�7G fund. Fund payable as follows: $13,433.50 to Kaufman and Broad for full balance of Agreement No. 139 and $40,000.00 transferred to A the Sewer Fund as partial repayment of loan for Hamilton Pump Station. PASSED AND ADOPTED this day of , 1970. Mayor ATTEST: City Clerk ` �� l / - --.�D_SDl_.N��.-�-,��-- - ---------------- ------------ --- ------ --- --,�� / �, . �:�'—,�GLG_�/_'y��i�!-�s/t-f — —�lG-��GPI- ---��-�--- 0��:✓-'�Gr>��- � • �^` f y`�, // �., _., _ - --__- _. -�,z��_.__y`'�.�s_�_..a_-ram___ �--ete_%ir_�_ 1`'✓,��- - _?�"�� _��-c._�z��..� �'�. . _,_-- ,�.i f - - - - - --- ---- - ---- -- - -- - f/'/(� - � 1 REIMBUF.BE14ENT AGREE4 NT Drainage Area THIS AGREEEENT, dated this day of , 19 , by and BETWEEIN _ CITY OF HUN21INGTON BEACH, a municipal corporation hereinafter for convenience referred to as, CITY 1 89 14 5 3 0 + ton-�Pst�/1® 4 1 5 2 2 8 0 - E✓��EX L<t�/L7 4 6 5 0 5 8 0 - io�� i✓.l'hii� you/evrr�-c0 7 3 7 2 8 6 0 - ✓ter✓i tc G�d 2 7 3 8 81 0 T BUILDER WITNESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of in conjunction with the development of jf4G f f11OT, j/V�/ 5�. r as delineated on the in drainage area No. Z, and, WHEREAS, Developer is, at his own cost and expense constructing said work all in, 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 Huntington 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_. NOW, THEREFORE, in consideration of the premises and the agreements herein contained, the parties agree as follows: to 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. /.� r 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 _ at the rate of goO.Dd fos the pump station and /400 /AG/-e for the storm drain facilities. R (Refer to Exhibit S1APl attached hereto for area served and Exhibit "C" attached hereto for determination of acreage fee.) 2. That the facility under construction by Developer in drainage area yrj- for which refunds are hereby agreed to be paid as follows: .Sfoi-r�7 D�oi� fog T�o��' a�90 7 T�Qc�`' 59�9ri�d %r�cf 597B 3. That the cost to Developer to date for construction of tbi.s facility is estimated to be as follows: ✓�toriYl I]1-a//7 construction = i89, /4(;f, .30 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 for which the City has agreed to participate in the amount of NONE. 5p That t:ie refund to be paid the Developer under this agreement is as follows: Refund credited by construction of Developer's tracts as follows: Tract Acres Amount s9o7 i8•B74 0 q/5_ BO .'939 21 i.39 46, 5978 33.5/.3 -73,- FAO 73, U6 60 757.?O ✓ Net Refundable = $ 27, .A468./O 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 for service by this facility. 7. If additional users participate in drainage facilities in drainage area No. _( in the fixture, 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. $. 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 fee, However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Developer, either individuals or entities, who rave -2- i 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 arty 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 with the approval of the tentative or final map, is that event City will provide in any agreement with said developer that said developer is oblig&ted 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 may use funds available from drainage fees collected within drainage area 74- for construction of the additional drainage facilities prior to fulfilling the herein stated reimbursement. 11. It is understood that :;he City is not required to institute legal proceedings to protect the interest of the developer, but may do so. J i' DATED: BUILDER CITY OF MITINGTON BEACH, a municipal corporations By Vice President By r'fayor AY- Asst. Secretary ATTEST: City Clerk APPROVED AS TO FORM: Asst. City Attorney STATE OF CALIFOR IA. COUNTY OF ORANGE ss On 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 of 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 CALIFORKIA ) COUNTY OF ORANGE ss On this day of , 19 , before me, a Notary Public, 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.