HomeMy WebLinkAboutGarfield Development Company - Macco Reality Company - Reimb TOPIC 1` LEGISLATIVE HISTORY RECORD Flee NO.
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DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE
TOPIC
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Page #4 . - Minutes - May 6 , 1968
On motion by Bartlett, Council accepted the petition of the land F
owners on Green and Pearce Streets , and approved the formation of
ti
Assessment District No. 6803 . Motion carried .
REIMBURSEMENT - MACCO REALTY COMPANY - WATER
The Clerk presented a communication from the Public Works Departmen
requesting payment to Macco Realty Company as per Reimbursement
Agreement #149, for money expended in the construction of offsite 1
and oversize water mains in connection with the development of if
Tract 4805 . . The amount due the developer is $4,017 .60.
On motion by Green, Council approved the reimbursement of $4,017 .60
from the Water Fund to Macco Realty Company for water mains in the
City, by the following roll call vote: AYES :Shipley, Bartlett,
McCracken, Kaufman , Matney, Green , Coen ABSENT: none NOES: None
REIMBURSEMEN MACCO REALTY CO - DRAINA
ij
The Clerk presented a transmittal from the Public Works. Department
of Resolution No. 2739 for the reimbursement of a portion of money
expended in the construction of the Meredith Drive Pump Station 14
and related storm drains , as per Reimbursement Agreement No. 97 , .in
the amount- of $2,447 . 75.
r
The Clerk read Resolution No. 2739 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7D FUND.
On motion by Green, Council waived further reading of Resolution
.No. 2739, and passes and adopted same by the following roll call >.
vote : k
AYES : Councilmen : Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
NOES : Councilmen: None
ABSENT: ' Councilmen: None
LAI
REIMBURSEMENT - MACCO REALTY CO
i
The Clerk presented a transmittal from the Public Works Department of F
Resolution No . 2740 for the reimbursement of a portion of money
expended in. the construction of the Adams Avenue Storm Drain and
Storm Drain Pump Station, as per Reimbursement Agreement No. 90,
in the amount of $11, 006 . 25 .
The Clerk read Resolution No . 2740 by title - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF
MONEY FROM THE DRAINAGE DISTRICT 7B FUND. "
On motion by Green, Council waived further reading of Resolution
No. 2740, and passes and adopted same by the following roll call vote :
AYES : Councilmen : Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
NOES: Councilmen : None
ABSENT Councilmen : None
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39 e
ORIQINAL COPY .
for Master File
MUST BE RE FU RN ED
CITY CLERK
a-i er ` x;
Ir l"li:.3 A' :.:'+ESkIi'aN1da t o d t!'a i 3 day
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a r=:t:r a v:..za1 ra:� c��<. `- gin
�-erei ria,.'tee• for
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C. T
,.
GARFIELD DEVELOPM4ENT CO., a
Partnership
P. O. Box 2175
881 Dover Drive, Newport Beach,
hereinafter for convenience referred
to as,
w :i `rx4Es s H:
.i ,'Z77A5, Bui).der ha-s %i.3.pd 4rith tie t''txblic 4orks of t.:
C`i.tiw• of .;untin;tm Dieaclv for the .e~wtension of a. grater rrain, and cornect:ior
thereto f'or Tract 4805 m
Nt? i Si -Ozilder has en end :-nto an agreertient, With the 4%Ity of
tfL;ntin =m Beach relating to performing the ar:cessary work in the construct 4 n
of said :wirer Iin-, grid
WHSRUSx . Builder has armed, at his own cost and expense to wort:. A
and �iuiLd said off-site water facLUty all in corSomity -with Cho plans,
:specifications and provisi6ns as a proved, trj t.hc4, Director of Yriblic �'iorks;
and
`t :tt#ft8, tt3e c or trusty s cart s i d water lane shall. be in c o-nS nri.t
With t e i_n can z' ac r 9rdi± r e; s rde, r x-e particularly ularly t35.apter 35 1 ' rz
to eater, and au the completion of said construction and ration ac; .ptance by nF
0iz-ctor of i blo:i.s works as being in full conformity with the pans and spe(
f i,_atzons aj-pr1.v lv�y said' jimc or of41"ubl±, ,�oc�r�� shall ;: -.edicateci ':',y
duilder t,: ii)p t ty v1.` *untinf,tr,:r :. .r:,.f and
Number
;MI R EAS,, the Builder shall enti.tkul amIer said sections of the
PhOntinoton Beach '0-rdirr,1nce Code, after such const:."u-lion and dedication of
said eater :i�:c=ilJ_ty to reefuiAs from connect-tons t.y otti e-, $ to sa_i.d water
f a c i lity;
riC:'i, TI4R1 r`OR�, in consideration of .the r�r� s�:L: :� anti the areer,►er
herein contained, the parties agree as fo1 .ow s;
I. Tha , upon completion of the construction of the facility
herr:ii after descri1: d by the !3Li1.der to the full satisfaction of the
Director of Public ,:orbs and on its dedication to the City of tfuntington
Beach, d3uildar chall be entitled to refund fron connection fees received
by i;he City of Huntington jeach for connections race to said hereinafter
described facility in accordance with the provisions of Chapter 35 of the
Huntin-ton ;3each Ordinance Code,
2. The facility construed by :3uilde r and for which refunds
are hereby agreed to be paid to builder is described as f of lags:
Oversize: 12" Main on Magnolia from Yorktown to
1320' N/o Yorktown
Offsite: 12" Main on Magnolia from 1320' N/o Yorktown
to 15201 N/o Yorktown.
3, Builder does hereby acknowledgm that he has received a
refund in the form of a credit in the amount of S -0 by waiver
of connection. fees.
4. That the cost to the Builder for the construction of said
facility is the sum of $ 4* 464. 00
�. The refund to be paid to the 3uilder under this A;;reement
is as follavis.
• Total Amount fiefwidable under
Chapter 35 90% x 4, 464. 00 4, 017. 60
Less:
hefund credited by waiver of
fee on connection. to -0-
3 City participation $ -0-
Net Refundable 4, 017. 60
fro No refund payment shall be made by the Clerk of the City of
%=-'Gin£;ton R--ach to 3uilder until the Director of Public 4orks shall have
certified., in writing, to the City Clsrk that Builder is entitled to a
raf, rd for a sr.,ecir'ic coruiection having previously been made to this partico
lar facility in accordance e;i.th Chapter 35 and the City has received the fei
for such com-ya-e:ion,,
2. ) ��
7, GiAEU shall not be liable for payment of refur_d by reason of
its failure to collect- or receive frori a:ky �rerson or entity the eater fee,
ft,mve.r, City avrees from an administrative, legis�ative or quasi ;Eanicial
prcxedure to =)rotect the interest of Builder, either irsia pia;.:= or -:ntAtie-
ml-,o have previously constructed grater facilities, by the collectin„ of 'tte
water fees, either ;-,rior to or concurrent with the development of proper'tie
senr ced by said facility., if a builder who is developing property which wi`
be :n.ved by the facility described herein, is required, as a condition to
the development of said property to constrict water facilities, City my al:
said Builder credit towards the per acreage fee consistent with this said
agreement; City nirther agrees to furnish a copy of this agreement to the
developer of any properties being served by the facility to which builder i,
subject to refund under this agreement,
S.. In the event City does not require a builder to deposit the
grater fee with the City prior to or concurrent with the development of
properties, in that event City will provide in any agreement with said
builder that said builder is obligated not only to the City but to the
builder, irAividuals or entities who have previously contributed to the
cost of conotruction of the water facilities; said agreement will further
provide thaU in the event that it becomes necessary to institute legal
procec-din,.;s, either'by the City or by the builder who has previously con-
tributed to the cost of water facilities, to enforce the rights of the
parties thereunder, that the prevailing party shall be entitled to reason-
able attorneys fees; provided however that the City shall not be required
to pay the attorneys fees for any of the parties. '
9, it is understood that the City is not required to institute
legal proceedings to protect the interest of the builder, but may do so,
Dated: E� ,
CITY OF HMJNTINGTON MACH
A municipal corporation,
I-W
i icy
3.
A11TR3 ED AS TO GARFIELD DEVELOPMENT CO., a
Partnership
By Balmoral.Homes, a Corporatini,
General Partner
Af,—SIE.--c-1-7,A t t o r r e y
BUILDER
John Parke. a.,o
BY
VA~ President
IL W. Power, Secretary
By
. Secretary
.J of.
t.: J,c
_:iiv -:..J.•.J
•"L �: '�rtt li'�:6 l�.!���•-, -.._\r .:..A.: ..t:.�Y...l:._...... �._. _ ...ti a.::i..._.+. ... _ . ..._.
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OFFICIAL SEAL
ERNESTINA DI FAWO
ROTARY PUBLIC • CALIFORNUI My,Commission Expires June 1.5.
PRINCIPAL OFFICE IN
lip ORUIGE C0U
STATr OF CALIFO0 A }
COUNTY OF ORANGE ) ss
On this � day of191U, before me, a
Notary Public in and for said County and State, personally appeared
known to me to be the President and
ffi . W2 , 3 , known to me to oe the Secretary
of the corporation that executed the within instrument and acknowledged to
me that they executed said instrument on behalf of such corporation.
OFRCIAL SEAL "
JUNE P. HUFF
Ja► Notary Public - California '
Principal Office in XW P. NIff
ORANGE COUNTY MY Commi ion Expires Auwd x 1I7�
`�_.__
JAI
Sim
ORIGINAL, Copy
for Master Fife
MUST Bt REFUG?NED_
�: '•� ref . - n • � ��:TO CITY CLERK
RK
THIS AGRE,L't&M, dated tillsday :)f j0 r�r iir:
t a mu.—t-ci-oa1. co'.-pon _.on
5 tit
i.tul er �of
CI t
GARFIELD DEVELOPMENT CO., a
Partnership
P. O. Box 2175
881 Dover Drive, Newport Beach,
hereinafter for convenience referred
to as,
iJ:JT 1,D CiiI
t 1 T N E S 5 E i F i:
.7H3,F.:AS, Builder has filed w-:th the Director of lub7ic orks of V
City Lit Huntington 3cach for the extension of a water main and connection
thereto for Tract 4805
WHM&NS, Builder has entered into an agreement with the City of
Huntington Beach relatin to performing the necessary work in the constructs n
of said Prater line; and
► iEHEAS, Builder has agreed, at his owra cos: and expense to consti ::t
and build said off--site rater facility all in conformity with the plans.,
specifications and. provisions as approved by the Director of Public �iorks;
and
`,`P2,RPAS, the construction of said water line shall be in confozmit
with the hunting-ton Beach Ordi_nInce Code, more particularly Chapter 35 relax ng
to water, and aL the completion of said construction and upon acceptance by ne
r
Director of Public dorks as being in full conformity v:ith the plans and spec .L
fi';ations approved by said ,jirP,'ctor of'Public. woks,. Shall be dedicated by ':
dtliLder =sty f Huritin;;tcn 3eaci;; and
Number
ert--'1.L1P.d uirider ,-ald sections tb ERFAS, the Builder shall be c 8 of e
Huntington Beach Ordinance Code., after such const.ruc " .on and dedication of
'Uty to refunds from coiynectioxis b othe s- t,-, r
said water -facL. y r said water
facility;
TIPEREFORS, in considenat-ion of the arri. the ag-menuen
herein contained, the parties a,-:!,,ree as follows;
1. That upon completion of the coast—uction of tlia facility
hereinafter described by the Builder to the full satiz-3faction of the
Director of Public "corks and on its dedication, to the City of Huntington
Beach, Buirder shall be entitled to refund from connection fees received
by the City of Himitington Beach for connections made to said hereinafter
described facility in accordance with the provisions of Chapter 35 of the
HuntinEton i3each Oidinance Code.
2. The facility constructed by Cluilder and for which refunds
are hereby agreed to be paid to Builder is described as follows:
Oversize: 12" Main on Magnolia from Yorktown to -
13201 N/o Yorktown
Offsite: 12" Main on Magnolia from 13201 N/o Yorktown
to 15201 N/o Yorktown.
3. Builder does hereby acknowledage that he has received a
refund in the form of a credit in the amount of -0- by waiver
of connection fees.
4. That the cost to the Builder for the construction of said
facility is the sum of S.4, 464. 00
The refund to be paid to the Juilder under this Agreement
is as f ollown:
Total Amount Refundable under
Chapter 35 90% x 4, 464. 00 r 4, 017. 60
Less:
Refund credited by waiver of
fee on connection to -0-
City participation $ -0-
Net Refundable 4, 017. 60
6. No refund payment sball be made by the Clerk of the City of
Huntington Beach to Builder until the Director of Public 4orks shall have
certified, in writing,, to the City Clerk that Builder is entitled to a
refund for a specific connection havinc-- previously been made to this partict
lar facility in accordance Ath Chapter 35 and the City has received the fee
for such connection.
2.
City shall not be liable for payment of refund by reason of
its failure to collect or receive from any parson or entity the water fee,,
Ifaxever, City agrees from an administrative,, legislative o-r --!-,:asi ii;,dicial
'er, ai oc' sz., titie
procedure to protect the interest of Build , either inoi z 01m nt i
who have previously constructed water facilities., by the collectinc- of the
water fees'. either prior to or concurrent with the development of propertie
serviced by said facility., if a builder who is developing property which wi'
be served by the facility described herein, is required, as a condition to
the development of said property to construct water facilities, City may al- vy
said Builder credit towards the per acreage fee consistent with this said
agreement; City farther agrees to furnish a copy of this agreement to the
developer of any properties being served by the facility to which builder i-.
subject to refund under this agreement,
8., In the event City does not require a builder to deposit the
vrater fee with the City prior to or concurrent with the development of
properties., in that event City will provide in any agreement with said
builder that said builder is obligated not only to the City but to the
builder, individuals or entities who have previously contributed to the
cost of construction of the water facilities; said agreement 'Will. further
provide thaw in the event that it becomes necessary to institute legal
proceedin,.-s, either by the City or by the builder who has previously con-
tributed to the cost of water facilities., to enforce the rights of the
parties thereunder, that the prevailing party shall be entitled to reason-
able attorneys fees; provided however that the City shall not be required
to pay the attorneys fees for any of the parties,
9. It is understood that the City is not required to institute
legal proceedings to protect the interest of the builder, but may do so,
Dated
CITY OF HUNTINGTON BEACH
A municipal corporation,
_4P-MUM Mayor
By
city C,
3.
10
APPROVED AS TO :.�ORN: GARFIELD DEVELOPMENT CO., a
Partnership
By Balmoral Homes, a Corporation,
General Partner
Asst. City Attorney
BUILDER
J? John Parke.
By
Ukee President
K. W. Power, Secretary
By
Secretary
CIF, C'1111`1
G�z L'ixS fig'" dny
.7..1.`, -
y'.>rl�r?= of `clef: City 0-f
eE4the 1'ti.:7..`J
L'1CjT f:��:,LZ�;'�i ..,a—
i
' OFFICIAL SEAL
ERNESTINA DI FAMWO --- _-
NOTARY PUBLIC . CMWFORNUI My,Comminion Expires 1um 2.
PRINCIPAL OFFICE IN
ORANGE
STATE OF CALIFORNIA )
COUNTY OF ORAWE ) ss
On this day of 0�,_ , 19�, before me, a
Notary Public in and for said County and State, personally appeared
known to me to be the President and
` . W j Qk,,ks{Z.r , 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.
OFPCIAL SEAL
JUNE P. HUFF
" �► Notary Public - Cellferaie
Principal Office is An P. WAW
ORANGE CWNTY My COmmi on E*m AvrW 2N, »�