HomeMy WebLinkAboutHuntington Harbour Corporation - Reimbursement Agreement 71- TOPIC FILE N0.
LEGISLATIVE HISTORY RECORD
DETAIL �.•
DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE
TOPIC
Nowe►ber 8, 15�71
r-
Mr. Donald 8yr,aes
Huntington Harbour Corporation
4241 Warner Avenue
Huntington cho California
Dear Mr. Byrness
This will summarise the conclusions of our meetiag, last wreak.
1) You may landscape the triangle on the east side of Algonquin
Street north of Warner Avenue in a manner similar to the tri-
angle on the vast aide provided you maintain it for fire (5)
yerars. If you landscape it according to a plan satisfactory
to this office we will take over maintonance one (1) year
D after completion.
I) You concluded that you did not wish to aw ad the existing
reimbursement agreement.
3) He will provide you with an updated accounting of the sanitary
saver and water reiaabursemonts as soon as possible.
4) The power pole at sanitary, sewer pump station No. 2 may be
moored to facilitate the carport construction at*a apartment
4ovelop ont at the expense of the developer.
Very truly yours,
James R. Wheeler
Director of Public storks
I
H. Z. Hartge
City Ingineer
JAWsH al
�A City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
October 8 , 1976
The Janes Company
17965 Skypark, Suite F
Irvine, California 92707
Subject: Bond Amounts and Fees - Tract 9404
W/s Bolsa Chica , S/o Heil
Gentlemen:
The following are the bond amounts and fees receivable from
the subject tract:
Bonds
Monument $ 1, 500. 00
Improvement (faithful performance) 95 , 000 . 00
Improvement (labor and material) 47 ,500 . 00
Fees
Sewer, 57 units @ $60. 00 unit 3 ,420 . 00
FA4- Water, 57 units @ $30. 00/unit 1 ,710. 00
�I Drainage, 4. 02 acs. @ $2000. 00/ac. 8 , 040. 00
Eng & Insp, 3-1/2 x $95 ,000. 00 -^3 00
Const Water, 57 units @ $6 . 00/unit 342 . 00
O.C.S.D. # 11 sewer
4. 25 acres @ $264. 00/ac. 1,122 . 00
Each fee must be on a separate check.
Enclosed are two subdivision agreements , bond forms and a
certificate of insurance form for the subject tract which you should
have executed and returned to this office.
The bonds, the executed agreements , the insurance certificate
and the fees must be submitted prior to approval of final map.
Please make the County sewer fee payable to the Orange County
Sanitation District.
For Park, Recreation and Plan Check fees , please contact the
City of Huntington Beach Planning Department.
Very truly yours ,
. H. E. Hartge
Director of Public Works
HEH:MZ :BPC:mc
cc: Donald Stevens Michael Zambory
Acting Director. of Public Works
®J� City of Huntington Beach
+�7 • P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
January 13 , 1977
Michael Janes
17965 Sky Park, Suite F
Irvine, California 92714
Subject: Fees at S/W Bolsa Chica & Heil
Dear Mr. Janes :
Please be advised of the following fees which are due
r prior to issuance of building permits.
1. Sewer , 240 units @ $60. 00 $14, 400. 00
2. Water, 240 units @ $30. 00 7 , 200. 00
3. Drainage, 17 . 28 acres @ $2000. 00/ac 4;?
4. O.C. S.D. #11 sewer 17. 50 acres 4,620. 00
@ $264. 00/ac.
Please make County sewer fee payable to the Orange
County Sanitation District.
Very truly yours ,
H. E. Hartge
Director of Public Works
HEH:BPC:mc
Ry �
J� City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
November 19, 1976
Mr. & Mrs. Melvin Green
15372 Graham, Apt. #2
Huntington Beach, California
Subject: Fees and Dedication at 17212 Sims
Dear Mr. & Mrs. Green:
Please be advised of the following fees and
dedication which are due prior to issuance of building
permits.
1. Sewer - 60 if @ $3. 80/lf $228 . 00
R
2 . Water - 60 if @ $5. 30/lf 318 . 00
--.3 . Drainage - 0. 4546 ac: @ $2 , 000/ac. 909 . 20
4. Other - Orange County Sanitation 132 . 00
District No. 11
Very truly yours,
H. E. Hartge
Director of Public Works
HEH:GLE:ae
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REIMBURSEMENT AGREEMENT FOR
1 HEIL AVENUE STORM DRAIN
2
3 THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON
4 BEACH, a municipal corporation, hereinafter for convenience referred
5 to as "City", and HUNTINGTON HARBOUR CORPORATION, hereinafter for
6 convenience referred to as 'Builder."
7 WHEREAS, Builder, pursuant to agreement with City has, at his
8 own cost and expense, constructed a storm drain in Heil Avenue, here-
9 inafter, referred to as facilities, and said facilities have been con-
10 structed in conformity with the-plans and specifications approved by
11 the Director of Public Works of City, and have been dedicated to City,
12 and City desires to reimburse Builder for a portion of the cost of the'
13 construction .of said facilities as provided by the ordinance code;
14 NOW, THEREFORE, in consideration of the premises and agreements
15 herein contained, the parties hereto agree as follows:
16 Builder has constructed, at a total cost of $27,974.42 a storm
27 drain and appurtenances to serve Drainage District. 12 and has dedicated
18 said facilities to City.
19 The refund to be paid to Builder under this agreement is as
20 follows:
21 Total job cost of facilities $270974.42
22 Net Refundable $27,974.42
23 '
No refund shall be made by City to Builder until the Director
24
of :Puhlic Works shall certify in writing, to the Finance Director
25
that Builder is entitled to a refund by reason cf connection having
as
been made to facilities in accordance with the Huntington Beach Ordin-
'
ance Code, and that City has received the fee for such connection.
28
City shall not be liable for payment of refund by reason of its
29
30 failure to collect or receive from any person or entity the dkainage fee.
't However, City agrees from an administrative, legislative or quasi
31
. judicial procedure to protect the interest of developers, either
32
No. 71-D2
4
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individuals or entities, who have previously constructed similar
2
facilities, by the collecting fees, either prior to or concurrent
3
with the development of any property served by the facility constructed
4
under this agreement. If a developer who develops property served
5 •
by the facility constructed by Builder is required as a condition
6
of development to construct additional facilities, City may allow
17 said deApper credit froward the per acreage fee consistent with this
8
.said agreement; and no fees shall be 'due Builder by reason of such
9
construction City further agrees to furnish a copy of this agreement
10
to the developer of any properties served by the. facilities described
11
herein.
12
In the event City does not require a developer to deposit the
13
drainage fee .with the City prior to or concurrent with development,
14
City will provide an agreement with said developer that said developer
16
is obligated, not only to the City, but to Builder, and to developers
16
who have previously contributed to the cost of construction of facili-
17
ties constructed hereunder to deposit said fee with City; and said
agreement will further provide that in the event that it becomes
19
necessary to institute legal proceedings, either by the City or by
20
Builder or developers, who have previously contributed to the cost of
21
such facilities, to enforce the rights of the parties thereunder,
22
that the prevailing party shall be entitled to reasonable attorney
23
fees; provided, however, that the City shall not be required to pay
24
the attorney fees for any of the parties.
26
It is understood that the City is not required to institute legal
26
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
28 _
DATED this ! ` day of , 19 .
29
CITY OF HUNTINGTON BEACH,
30 a municipal corporation
31
32
Mayor
1
ATTEST:
2
3
4 City erk
6
6 BUILDER: Huntington Harbour Corporation
7 O By '06 ,,
8
•
9 By
10
11
12 APPROVED AS TO FORM
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low _ ..,
City 'of Huntington Beach
P.O. BOX 160 CALIFORNIA 62640
ENGINEERING DEPARTMENT
August 23, 1971
71-I).2
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Admiiistrator�
Subject: Reimbursement Agreement with
Huntington Harbour Corp. for Storm
Drain Construction - District 12
Gentlemen:
Huntington Harbour Corporation constructed storm drain
facilities in Heil Avenue west of Algonquin in the amount
of $27,974.42.
It is recommended that the enclosed reimbursement
agreement be approved and that the Mayor and City Clerk
be authorized to execute same, and that the signed copy be
returned to this office for transmittal.
Very truly yours,
�R. eler
Director of Public Works
JRW:TM:ae
Encl.
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RE 1"Ll'504 . AGREFMENT FOR
HEIL AVENUE STORM DRAIN
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter for convenience referred
to as "City", and HUNTINGTON HARBOUR CORPORATION, hereinafter for 7
convenience referred to as "Builder." #
WHEREAS, Builder, pursuant to agreement with City has, at his
i
own cost and expense, constructed a storm drain in Heil Avenue, here- k; +
a
inafter referred to as facilities, and said facilities have been con- k'
structed in conformity with the plans and specifications approved by e
.t r�
the Director of Public Works of City, and have been dedicated to City,
and City desires to reimburse .Builder for a portion of the .cost of the
construction of said facilities as provided by the ordinance code;
i
NOW, THEREFORE, in consideration of the premises and agreements '
herein contained, the parties hereto agree as follows: (`
Builder has constructed, at a total cost of $27,974.42 a storm
drain and appurtenances to serve Drainage District 12 and has dedicated
i
said facilities to City.
The refund to be paid to Builder under this agreement is as - �
follows:
• l
Total job cost of facilities . $27,974.42 -
Net Refundable $27,974.42
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 facilities in accordance with the Huntington Beach Ordin-
ance Code, and that City has received the fee for such connection.
9
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
d
a
No. 71-D2
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1
individuals or entities, who have previously constructed similar i
r - i
facilities, by the collecting fees, either prior to or concurrent a
with the development of any property served by the facility constructed t
under this agreement. If a developer who develops property served .
i
by the facility constructed by Builder is required as a condition
of development to construct additional facilities, City may allow !`
said devdoper credit toward the per acreage fee consistent with this
3
said agreement; and no fees shall be due Builder by reason of such
r•:
construction City further agrees to furnish a copy of this agreement
to the developer of any properties served by the facilities described !
I-•
herein. t"
In the event City does not require a developer to deposit the ;'�
drainage fee with the City prior to or concurrent with development, J
City will provide an agreement with said developer that said developer ;.
is obligated, not only to the City, but to Builder, and to developers
who have previously contributed to the cost of construction of facili- " �
1. �
F J
ties constructed hereunder to deposit said fee with City; and said
agreement will further provide that in the event that it becomes
necessary to institute legal roceedings; either by the City or by
g P �.:.
Builder or developers, who have previously contributed to the cost of
such 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 ti-t;1
I
the attorney fees for any of the parties.
It is understood that the City is not required to institute legal
1 ,
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below. k
DATED this day of ..�_ , 19
CITY F HUNTINGTON BEACH,
a municipal corporation '
1 �
Q.
Mayor 'a
i
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1..
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ATTEST:
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City qofk ,
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BUILDER: Huntington Harbour Corporation ,
By
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By ' e
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APPROVED AS TO FORM
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