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Jerry Jones - Reimbursement Agreement - 77-D1 - Storm Drain
WHITE:CITY ATTORNEY n M►n BLUE CITY CLERK CITY Or FIUNTINtu;ON BEACH No. _..I GREEN-CITY ADMINISTRATOR 'L l� i CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION i Date Request made by Department 12-7-77 John Whipple Public Works . i INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print.or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action. Attach all papers pertinent to the'subject. All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. -t Preparation of ast*-zh=tas== Resolution is hereby requested: Authorizing a payment of $4779 . 00 to Jerry Jones as full payment on Reimbursement Agreement No. 77-Dl for drainage facilities built in Drainage District No. 9 . Payment will be made from Drainage District No. 9 fund. -7 D I CITY OF HUNTINGTON BEACH-. ` TO: Mr. H. DEPARTMENT DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. Please call: TELEPHONE Mr. Mrs.Miss Bud Belsito TIME CALLED DATE CALLED TELEPHONE NO. 3 : 5 0 11-22-77 ( ) MESSAGE Please set up a meeting w/Art DeLaLoza John Whipple, someone fr. attorney' s office connected w/reimbursement, your- self and Jerry Jones re. his reimburse- ment agreement. Appears Art refuses to pay back reimbursement. Have Art con- tact Jerry Jones on date & time. Let F`�uDE d know when this is don PT. Joy TRANSMITTAL AND TELEPHONE SLIP Desired effective date Signed: Approved as to availability of funds 12-19-77 Director of Finance City Attorney— Pleasc.prepare and submit printed copie, o this office by: City Administrator t - ti RESOLUTION NO . 4571 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 77-Dl FROM DRAINAGE DISTRICT NO. 9 WHEREAS, the City Council of the City of Huntington Beach has adopted a budget f.pr fiscal year 1977-78 by Resolution No. 4479; and Section 5 of said Resolution No . 4479 specifies the pro- cedure for authorizing expenditures from special funds; and The Director of Public Works and the City Administrator have recommended an expenditure from Drainage District No . 9 , and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council that full payment of Reimbursement Agreement No. 77-Dl in the sum of Four Thousand Seven Hundred Seventy-Nine Dollars ($4 ,779) is hereby authorized to be made from Drainage District No . - 9 to Jerry Jones for construction of drainage facilities .. PASSED AND ADOPTED by the .City Council of the City of Huntington Beach at a regular g thereof on the 19th day of December, 1977 . ATTEST: d7%"��✓ `� Mayor A City Clerk F,SVIEWED AND APPROVED- APPROVED AS TO FORM: City Administrator City Attorn INITIATED AND APPROVED AS TO C014TENT: Director of blic Works JG:cs ( Re. lo. 4571 STATE OF CALIFORNIA ') COUNTY OF ORANGE ) es: ti CITY OF HUNTINGTON BEACH ) 1, ALICIA M. WENTWORTH, the duly elected, qualified. City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of. said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 19th day of December , 1977 , by the following vote: 1 AYES: Councilmen: Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the origin-all on file in this office. Aftest d/ ",aa� a1 191Z City u� �it Council Of the .Cliy Of l i.n"Zinglon Deach, Ca I. BY Deputy • J� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 Cl ENGINEERING DEPARTMENT J TO: Honorable Mayor and City y Council ATTN: Floyd G. Belsito, City Administrator \ FROM: H. .-E. Hartge, Director of Public Worksh DATE:. December 12, 1977 -- A �Pizuv115 SUBJECT: Reimbursement Payment .............. - 1 � STATEMENT OF MATTER: I _ !!✓4/ • Dbveloper Jerry Jones has monies due h.im---under' eirmbursement Agreement 77-D1. RECOMMENDED ACTION: Adopt the resolution authorizing full payment of $4,779. 00 to Jerry Jones on Reimbursement Agreement 77-Dl for construction of drainage facilities in Talbert Avenue. ANALYSIS: In 1975 Jerry Jones financed the installation of a storm -drain system in Talbert Avenue .in conjunction with his industrial property at Talbert and Redondo Lane. The Agreement ,with- Jerry Jones calls for reimbursement by the City to Jerry Jones from fees collected in the service area. The maximum reimbursement under this agreement -is -$4 ,779. 00. Fees in thisamount have been received from the area served by the subject facilities and should be refunded from the drainage fund. FUNDING SOURCE: The payment is to be made from Drainage District No. 9 fund. HEH:JWW:jy Trans. PLANNING ZONING DM 39 _ 1 SECTIONAL DISTRICT MAP 35-5-11 - NOTE CITY OF QW-10 D WRCN V. 1880 ., o:+I rs:o+a .•r l• CIT7 CWNCII ORDINANCE NO. 75/ ` ic•, •o��u we• .... a w aici�iro�,:or.,�.o•ro�r.e u.•ew (-{-w r{o {-r n /11 LEGEND- . - - opm D•S-{0 ,N {-r�r! /ff - .so we rI r! V., Ll1A] ,As(KNnu .rxwwl r•rtl O-T f0 (o( �r�,f 4» HUNTINGTON BEACH }rD s � .�/.N.. .... ID!•Y (,0 ,-,• r,l 'f,T ,:41• ••puar•:•C O�s,•,Cr ,•1-k W{.{0o D-:l-,f rr{ 61J COYYU.II, {US.•1\1 C.a,•K, -{S y.{ 7-(-H (0• � Or/tY••OCCfla.,•.D�f,\K, ORAN.CE COUNTY, CALIFORNIA =y: ., .I,.CI•C! a„/r, AMENDED BY ZONE CASE: (n({ "1110 pI( ul,l2(,127,1)0,q),1)/.Ue,iU.1/e.9{,2i2,1P,2]1 (a-{, n77 COrwgl. 1-1—lam-cw•.......o 230.250.27{,285,(28,D03,3(2.67.2733•II.iB-S(,68,11,68-i!I,10-10.10•ti,ll-N,71-17,7[-B,PV7[•{ i.�i{•ti( ry co•--n<u,us•uv:u ms—c, 72.12,72-9.72 Nct c..o.no :TI l;j � r,t• �:l:it ni o co..•CD •:,•04 ••aoK,•o •I tf N n IT" nt• [�1 cnK ou•••u -' Is (.},t It., 7rb7! r./.!s!r\••ar Stglt 4:�Y•t l TALBERT 4••,r ,m AVE wan a.qn iu [ E o N° V MI-CD _ o C4 i > l an I I L CF-R -- MI-CD A 1.1.41M:T:`Ngot MI-CD C2 i ! RA-0-CD ' . M I MI RI RI DNTARID RI _ OR ~ J . c C 2 ; I{ RI RI I CF-C MI CAN CR �Du[BEc Op. RI RI ov.45°`F'af- ir I RI RI 7± to ALBERTA os s R 3 i i — MI CD RI. RI RI RI �RANKLIN. DR ' Y ON DR G 4 1 I [I I MI I RI. R7pi MI-CDR, ,,. 1 i - S... - o• RI Fd3R2 J'. R2 MI-0-CD M�*rE'a• R2::. ,_.r.. + 1 `'MI-ol MI-A :::�� { C 2 Jf . C2 ' I Mt R2 RA-0-CD Rs �� wMt•DooaE cR �' �� ,Ri x - l M2-0 R 3 MI-0 R3 R2 Ias7Rl TWO) I _ CT RA-0 �, ! - RA•0•C rMi-O �� G R2 ON RS I 370 V C41 A i MI.O•CD Ri -� PACIFICA C UNITY PLAN ..;c. WIT F ICT ONE) .f = I MI-A-CO !oo M F 0 R 3 x R5 MI-0 a RS ii;' R 2 ! I m It R2 _ $ I tl RA-0 RSJ .. HS�� R2 t 2� Imo• C i J —L — T- 1 -- I r I GARFIELD AVE "NN I .AREA: SERVED by STORM DRAIN built by JERRY JONES ' , �AT-CRAFT BUSINESS FORMS -(714) 535.79 REQ.NO. 412970 DEPARTMENT USE ' M, . ; 21 . 2, 1 -1 12 .21 7 7 1 ( 1 1 1 1 IJ I H A IQ 1 6 7 Acc't No. 12 M M D D Y Y M M D D Y Y 25 78 80 13 Date Required 18 19 24 •'r``? _ HUNTINLTON BEACH - - MATERIAL Requested by Public Works/John Whipple Approval REQUISITION Approved by Contacted Pt '^�� w ^I�� For additional information call John . Phone .PURCHASING Phone 5522 DATE nt-rPmYhPr 21 a 1977 VENDOR # P.O. # V • S • E �TpYry Jr)nPs H N o _ P_n_ Box 101 P R S Ins - Bea h, CA 90742 T _ F.O.B. Destination Delivery within Confirm Plus Frt. -Prepay& Add: Terms: days QUANTITY DE SC R I PT I ON Full payment on Reimbursement Agreement No. 77-Dl Amount Due $4 ,779 .00 See attached resolution for authorization Cash with order. TOTAL $ 4 , 779 . 00 REQ. NO. AMOUNT REQ. NO. AMOUNT REQ. NO. AMOUNT t 2 3 J• CITY OF HUNTINGTON BEACH _ INTER-DEPARTMI NT COMMUNICATION H IIN IINGION III U II To H. E . Hartge From ,James Georges Public Works Director Deputy City Attorney Subject Reimbursement Agreement Date - November 301 1977 No . 77-D1. MEMORANDUM OPINION In your memorandum of November 18 , . 1977 , ,you asked if the builder can be reimbursed for his drainage construction pursuant to Reimbursement Agreement No . 77-D1 . You stated that the builder constructed a drainage facility in District No. 9 at his own expense ,_ that connections have been- made to tire facility, and that the City has received fees for these connections . You also noted that all drainage con- struction projects .in the drainage, area served by the facility are completed., but that District No . 9 is not completed in its entirety, and that there. is now a positive balance in Drainage District No. 9 . lloo , prcv_ioui developers within the district have not; yet, been p;. ld . The _problem in this case is that the drainage construction project in the drainage area served has been completed , but Drainage District No . 9 which contains the "area served" is not completed in its entirety . The question presented is as, follows : - Is this particular developer, Jerry Jones , entitled to reimbursement under his Reimbursement Agreement No . 77-Dl where the drainage area served by the facility is completed, but. the area served happens to be located in a drainage district which is not yet completed in its entirety? To answer this question, one must review Huntington Beach Municipal Code Section 14 . 48 . 060 and Government Code Section 66483(f) . Section 66483 states in part that separate funds shall be established for each local drainage area, and that monies in such funds shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the area from which the fees comprising the i'und were collected. Municipal Code Section 14 . 48 . 060 states in essence that reim- bursements shall apply to all subdivisions of land and the development of all -_and wit)-i i.n the H. E. Hartge -?- November 30 , 1977 RA No . 77-Dl Page Two Note that in both the Government Code and the Huntington Beach Municipal Code reimbursement conditions are made applicable to the drainage area rather than a drainage district . The problem is that Reimbursement Agreement No . 77-D1 contains a condition, among other conditions , that "the parties agree that previous.. developers within the district shall have their claims liquidated prior to the obligation established by this agreement. so long as funds are available- within District No . Even though the reimbursement agreement says that previous developers within the district shall be paid prior to Jerry Jones being paid, both the Government Code and the Huntington Beach Municipal Code state that reimbursement shall be for construction of_ local drainage facilities within the- area from which the fees comprising the fund were collected . The City does not have the authority to make as a- condition of-'. reim- bursement that previous developers within the district shall have their claims liquidated prior to the obligation established by the reimbursement agreement . CONCLUSION : Developer Jerry Jones should be reimbursed the amount of money stated in Reimbursement Agreement No . 77-D1 . v This office hereby advises you to have all future reimbursement agreements delete the condition that previous developers within the district shall have been paid, and substitute the words that previous developers within the drainage area shall have been paid. The same applies to sewer reimbursement agreements . AM ES GEORGES SDeputy City Attorney APPROVED: cc : Art De La Loza John Whipple DON P. BONFA City Attorne CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH t To F. B. Arguello From A. De La Loza Director of Finance Contracts Administrator Subject R.A. 77-D1 Date December 9, 1977 Attached please find the following: 1 ) A request for payment authorization by ordinance initiated by Public Works Depart- ment 2) The City Attorney's opinion that payment should be made at this time 3) Accounting Division's verification of funds 4) Copy of agreement requiring reimbursement of $4,779.00 Accordingly, it is recommended that payment be approved. A. De La Loza Contracts Administrator AD/cg RE I MBURSEht' N'T AGREEMENT ROUTING MEHO/CHECKLIST To: Applicable Department%Div.i.sion Director From: A. De La Loza Contracts Administrator Subject: Request fsrPayment R.A. # ` Please review attached agreement and supporting documents in connection with the subject request for payment. Indicate your approval in the space provided prior to routing to' the .next department/division listed. Department/Division Function Recommendation', (Approval/Disapproval ) 1 . Initiating Department: Public Works 2. Contracts Administrator: Log/Distribution 3. City Attorney: Review and state condi.1/ I I —,30—?I tions for payment/ p G.?Finance Accounting Division: Veri fy revenue ✓ �'�- 1�`a-�— -7 5. Contracts Administrator: Compile and submi � Z,. 9`77- for approval b. Finance Director Approve ✓ iti�ti��1 7. Public Works Director: Draft transmittal to City Administrator/ City Council 8. City Administrator/ Approve payment by City Council : resolution 9. Finance Department: Make payment and log -; Attach comments substantiating recommendation. WHITE-CITY ATTORNEY`BLUE-CITY CLERK %� CITY OF HUNTI. CON -BEACH No. .� GREEN-CITY ADMINISTRATOR "L CANARY-DEPARTMENTAL „„��,�,o„, REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 12-7-77 John Whipple Public Works ' INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon,,one week prior to the Council Meeting at which it is to be introduced..Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to&-subject.All appropriation requests must l be cleared and approved by the Director of Finance before submitting to City Administrator's Office. lI Preparation of alteajdi====r Resolution is hereby requested: Authorizing a payment of $4779. 00 to Jerry Jones as full payment on Reimbursement Agreement No. 77-Dl for drainage facilities built in Drainage District No. 9. Payment will be made from Drainage District No. 9 fund. Desired effective date Signed: Approved as to availability of funds 12-19-77 Director of Finance City Attorney—Please prepare and submit printed copies-4—this office by: i City Administrator CITY OF HUNTINGTON BEACH w� 1911 INTER-DEPARTMENT COMMUNICATION p,v 2116TON BEACH �'A110 i To City Attorney From H. E. Hartge r Subject Reimbursement Agreement 77-D1 Date November 18, 1977 Attached is R.A. 77-Dl with Jerry Jones for a drainage facility built in District No. 9 at his expense. ` Based upon a review of this agreement, it appears that the , builder should be paid the amount stated in the agreement. Here are the relevant facts: x 1. Connections have been made to the facility in question, and the City has received fees for these connections. Total amount ,,. of fees collected is $5,385.00. 2. All drainage construction projects in the drainage area served by the facility are completed. 3. There is a positive balance in Drainage District No. 9. The fund is now over $500,000.00 which is enough to satisfy all of ' the City' s obligations in District No. 9. Please advise me if the above information is sufficient to pay :_ builder at this time. 2: H. E. Hartge Director of Public Works HEH:JWW: jy Attach. i i J• ° CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION "VNIINGION I1FA01 To H: E. Hartge From James Georges Public Works Director Deputy City Attorney Subject Reimbursement Agreement Date November 30 ,* 1977 No. 77-Dl MEMORANDUM OPINION In your memorandum of November 18 , 1977 , you asked if the builder can be reimbursed for his drainage construction pursuant to Reimbursement Agreement No . 77-D1 . You stated that the builder constructed a drainage facility in District No. 9. at his own expense, that connections have been- made to the facility, and that the City has received fees for these connections . You a-1so noted that all drainage con- struction projects in the drainage area served by the facility are completed , but that DI_:,tr,i.ct No . 9 .Ls not completed. in its ent-irety , and thQr'r� .3-.n 11ow u. po lt_1:vo balance in Drainage District No. 9 . Also, previous developers within the district have not yet been paid . The problem in this case is that the drainage construction project in the drainage area served h .s been completed , bill-, Drainage District No . 9 which contains. the "area served" is not completed in its entirety .. The question presented is as follows : Is this particular developer, Jerry Jones , entitled to reimbursement under his Reimbursement Agreement No . 77-Dl. where the drainage area served by the facility is completed, but the area served happens to be located in a drainage district which is not yet completed in its entirety? To answer this question, one must review Huntington Beach Municipal Code Section 14 . 48 .060 and Government Code Section 66483(f) . Section 66483 states in part. that separate funds shall be established for each local drainage area, and that monies in such funds shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the area from which the fees comprising the fund were collected.. Municipal Code: Section 1'1 . 48 . 06U in re.tni- bursements shall apply to all subdivisions of land and the development of all land within the drainage area . H.. E. Hartge -2- November 30 , 1977 RA No . 77-Dl Page Two Note that in both the Government Code and the Huntington Beach Municipal Code reimbursement conditions are made applicable to the drainage area rather than a drainage district . The problem is that Reimbursement Agreement No . 77-Dl contains a condition, among other conditions , that "the parties agree that previous developers within the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available- within District No . 9 . " Even though the reimbursement agreement says that previous developers within the district shall be paid prior to J'er.i:-y Jon(:.,,; be-1.ng paid , both the Government Code. and the Huntington Beach Municipal Code state that reimbursement shall be for construction of local drainage facilities within the area from which the, fee-. cmipr-L_;.i_nl! I;he .f.uncl were collected. The City does not have the authority to make as a: cond_i:tion of:'. reim- bursement that previous developers within the district shall have their claims liquidated prior to the obligation established by the reimbursement agreement . CONCLUSION : Developer Jerry Jones should be reimbursed the amount of money stated in Reimbursement Agreement No . 77-D1 . This office hereby advises you. to have all future reimbursement agreements delete the condition that previous developers within the district shall have been paid, and substitute the words that previous developers within the drainage area shall have been paid . The same applies to. sewer reimbursement -agreements . AMES GEORGES Deputy City Attorney APPROVED : J G . c s cc : Art De La Loza/ John Whipple DON P . BONFA City Attorne � •�'A: 'irk, ..7_} ,�- � ..w'i�xr .�%•�.'gw " 't� 4"�i. .r�''".•',,''�, +^�,-"f,C,�' ° `►r' r'-. ......... - -.1'...,,�`+ �y �y-�-,,;�iiilr•-.��".•r'.J:.:__ ...- •,-,,,,,`:, _--- -- ,' h',`�•(e�4.•y""�,,,�� ,hys•���d� � ,r�y�` �,a;MC,,� .ip;• .o�;�� ',�lw'��"'��;'�r'�b.'+rrr;�++r a+r�''3?..x•''�".6Fr.S "";.�,�:o��Peo.�r•� vrr y v `• �cf �'"+'K•v„��,�,"°� � � .'ive�°����,',��ti~�.,p �,r�����wd•d'�•. �' _ �$1�� r i:._ ,k. .F.ti'. .S'.� x:Y: Y -.f.- .. -I mow-f.•... s_ .•°��.-�.�ia7t `�`".J::{,:Y�.r' '�s4 -• �USE BALL POINT P.EN ONLY'—PRESS FIRMLYi:::',:`. ' CASH RECEIPT t? o CITY OF HUNTINGTON BEACH'lie . -• ..Yi —'. •: .---r P.O. 80X A 1 ' ' .. .: . — '?+6 -HUNTING TON BEACH,.CALtFORNIA 92648 (71 4) 5 3 G-551 1 - .� �).:r 7 6 .G':i.?:,• J U 1111 �, y''sr3'<f' ' CITY TRCASUREiI 1NARREN G' HAL'93 75 ;nlii; .,i� tS t ♦♦ s. •n. `SSIl, a. r .. )` DEPT. ISSUING DAYF RECEIVED FROM !/.� �,•.. �%:ii�.�' _ .�f �(. ... cr >s"� •.�: f ADDRESS ` M tetra.: _ FOR- (. ♦ y,•. 1. Si I AMOUNT RECEIVED �' < ,r•j°'?~°r'4^a::•�,'' ;;:=a CASH CHECK `••bT7t4 .:di w rj+r e�Yx�s 1 A:B:A.df •: .ion::\�•'y''•r•.! v., s a RECEIVED BY : is < .!'.•t• !-' -_ - � � - - Imo. .. • .. .-.. •. I TOTAL s No. � 4 -'r•..~� t"...v,�:"' `•`"�r•�cam- ,_1-_...t...•'�.fi - _ _ .. -_._.—_ __-__ _____ • �-A ie CITY OF HUNTINGTON BEACH ce INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Attorney From H. E. Hartge Subject Legal Opinion on Date November 15, 1977 Reimbursement Agreement No. 77-Dl Attached for your review is R.A. No. 77-Dl between the City and Jerry Jones for drainage facilities built in Talbert Avenue at his expense. Please advise me what conditions have to be met before a payment can be made to builder under this agreement. H. E. Hartge Director of Public Works HEH:JWW:mc Attach. CITY OF .HUNTINGTON BEACH INTER-DEPARTMENT.COMMUNICATION HUNTINGTON BEACH - - To City Attorney From H. E. Hartge Subject Reimbursement Agreement 77-Dl Date November 18 , 1977 Attached is R.A. 77-D1 with Jerry Jones for a drainage facility built in District No. .9 . at his expense. Based upon a review of this agreement, it appears that the builder should be paid the amount stated in the agreement. Here are the relevant facts: 1. Connections have been made to the facility in question, and the City has received fees for these connections. Total amount of fees collected is $5,385.00 . 2. All drainage construction projects in . the drainage area served by the .facility are completed. 3. There is a positive balance in Drainage District No. 9 . The fund is now over $500,000. 00 which is. enough to satisfy all of the City' s obligations in District .No. 9. Please advise me if the above information is sufficient to pay builder at this time. H. E. Hartge Director of Public Works HEH:JWW: Jy Attach. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Attorney From H. E. '.Iiart(.,,e Subject Reimbursement Agreement 77-DI Date November 18, 1977 Attached is R.A. 77-D1 with Jerry Jones for a drainage facility built in District Nio. 9 at his expense. Based upon a ieview of this agreement, it appears that the y builder should be paid the amount stated in the agreement. Here are the relevant facts: 1. Connections have been nade to thki.iflacility in question, and the City has received fees for these connections. Total amount of fees collected is $5,185.00. 2. All drainage construction projects in the drainage area served by the facility are completed. 3. There is a positive balance in Drainage District No. 9. The fund is now over $500,000.00 which is enough to satisfy all of the City's obligations in District No. 9. Please advise me if the above information is sufficient to pay builder at this time. 11. E. flartge Director of Public Works HER-.X-7WI:j y Attach. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arq_veiii:> From H. R. thartge Finalica o"vt. Dapt. of Public Warks Subject Ad-.1,AQt6t _"70,C Date June 9, 19'117 ,R k 07 1 Atta,:•he.;. please f:L'ad a A'..zttx_;r Aerv.;" W'Verry Jones reqyLlasting A.jrwaiament flo. 77-.334 eind Clwaoh Rfecii-ot 4Z i 7 e i starL: yGur r�-Jview of tiku su'.-,Jfw,�'t airaqu;,ient, %• CITY OF HU114TINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH. To F. B. Arguello From H. E. Hartge Finance Dept.. Dept. of Public Works Subject Request for Payment Date June 9, 1977 RA #77-D1 Attached please- find a letter from Jerry Jones requesting a refund on Reimbursement Agreement No. 77-Dl and Cash Recipt No. 72174 .indicating the amount of. drainage fees received from the area served. Please start. .your review of the subject agreement. H. E. Hartge Director of Public Works HEH:J'WW: J y Attach. R, G) Wo R-KIf,C)SPT. RESIDENTIAL LICENSED COMMERCIAL JERRY JONES BONDED LAND DEVELOPMENT 1977 GENERAL CONTRACTOR IN,�'\y LAND INVESTIGATION REAL ESTATE BROKER POST OFFICE BOX 101 SUNSET BEACH, CALIF. 90742 213 592-1636 May 18, 1977 Mr. W. E. Hartge Director of Public Works City of Huntington Beach Calif. Dear Bill This is a second request for reimbursment for the storm drain on Talbert Ave . Enclosed is a copy of our first request which led to the signing of reimbursment agreement 77-Dl on April 21 , 1977 by the City Council . Since we asked for reimbursment there have been several building permits issued and the fees paid for these parcels. Mr. Johann Assigal received his building permit on May 18, 1977 . Permits have recently been issued to Alidn Manufacturing, Mr. Buddy combest, The Harrison Combest Co. and Airitz Mfg, Mr Oren Langston. Yours Sincerly ""�K Lf CP ,'Gerald A. Jones.kA s lop t R�BIDENTIAL f CENato, CEPMMERCIAL JERRY JONES LAND DF-vEL13PMENT GENERAL CONTRACTOR ` LAND INVESTIGATION REAL ESTATE BROKER POST OFFICE BOX 101 " r SUNBET BEACH, CALIF. 90742 4 213 592.1636 Feb. 18, 1977 x „' , I t M t W. X "artge � Directbr of r ubl is "ori-6 C ty of Runttn&ton Beach Calif. ; Dear Bill: +'s have recently sold several lots in our sub division in Hunringron'; ; BAeeh. One Ut oVher has applied for a building permit, and others kill be applying for permits in Uecert-Ey cr :Ianusryr ' Since the Above: property owners will arson be paying, the feces to rila City for storm draIr's. we would like to request that we be 'roiimbursrad- " for the Band w* 6*0*h od in installing the storm a -ain urdex Mte. at Ptedondo 1:*ci�a in Huntington Beach. The following, ��`1ot,"x"#�rs will be soon applying for permits: Marl in Fiba►r and Bob 6ilvers i► 4 i111iL1 .' k 'ti"(»tbl3ffit. . s`,4 Fours a ineprly ' -a ld A. Jones ' tv I CITY OF Ha..'94TONGTON BEACH INTER-DEPARTMENT COMMUNICATION ` HUMINGiON BEACH - - To Frank B. Arguello From Ii 1,. Hcartro Subject Tr,insfer. of Drainare revs Date May 19 , 1977 Received Ploage trannfer $538,5.00 from Revenue Account ; 2147 (Drainage District .0 9) to Account lV 2151 Moimbursement rrreenent �77-Pl) . Ti -F-es are ap licable to R.A. #77-Dl. St-e attached cash receipt for details. r Director of Public Work's me Attach. i 1 +!✓y- _ .., x w,,. C,��r�y Ya;`�y_,t..,`�.q,:}�-E,n,,:.S w.,;.,T,.,r.'r.���.,• -s +. - - J -. x AA - �_':-._.-, feel+r�i' Alb.: `r,..:a..,. -u- .•w . -..-+...N�E - �• eF"'S. C USE BALL POINT-PEN ONLY'—.PRESS FIRMLY. -• t,:_ _-.,-�=:. CASH RECEIPT - r. �'`. • .' CITY OF HUNTINGTON BEACH : -- ;`: '�''• �' P.O: Box 711 HUNTINGTON BEACH,CALIFORNIA 92648 - (714) 53G-5511 J ='r`93 76 �'.�.+CiSisV0 liAv C "_93 73 �10 00, dl CITY TREASURER —1NARREN G'�HAL•L C {:43nLtt E U =t�yr tk erg_, -.DEPT. ISSUING i!_ .t DArF3 f 'S t7 12cl (4 do • _ i. RECEIVED FROM i _ ADDRESS d,L y�+ �� � for-iw.�„a-`•"v'= � � �•4yF„�r+'.�,.,?yam, �--- �j& "'`'`.,,r��"''�..� `"�".'i'�`1' "'J • FOR ~ `s''-'cam l� /:, ' �- '�'�C7� /1� �`,'• r�:_.,�. �_' ^m:;,?" ?..� �:.+'. } 4 (. AMOUNT RECEIVED . �k CASH CHECK©'._ - + ,'�•,•v ":WD "�♦ A-.B!A.# fit r ' � ,� %JJ RECEIVED BY i' l _. zr �A=fin'.(:. •' f-_ v(i�,y� ; _ - TOTAL f -• No. .v - � -/'�T�� ,��- ,�� -�„ae�•.,-4."rr-"`..•=p,�'o�q,n,�a-r•i;:���`G�-��.,z• .rr_=:-sae �t,..�.,� sa. �:..• � _ - _ � _ __ -'--`^'4-'".:.a: -4 - .4 r �1...:...�{r y�d+� .r,,+w .uxy F`!�`" s � -g-�,.� �f�;�:• �j .v„ c s+. F s'� n h �.. ,, �.,.•. ^" ' -T.-^ :.'!r.` '?n••"�.-o,•''_�z-'�i�. w�a+M.e,�.t.S:,:..��e, 3'�4t�-��•�[$y."F�..:•".4'� � � '���c��'�.tom r" `"'+';� - •`.�'-r a-'"'4�"._ YD • City of Huntington Beach P.O. BOX 190 CALIFORNIA 026�d ENGINEERING DEPARTMENT April 6, 1977 Honorable Mayor and Council Members City of Huntington Beach Attention: Floyd G. Belsito City Administrator Subject: Reimbursement Agreement 77-Dl Storm Drain Construction Dear Council Members: r� Transmitted herewith is a reimbursement agreement between �s�tL the City and Jerry Jones for storm drain facilities built in Talbert Avenue at Redondo Circle at his expense. Drainage fees will be collected from the area served to refund the $4779 .00 to Jerry Jones . It is recommended that your Honorable Body approve the agreement and authorize the execution by the Mayor and City Clerk. Very truly yours, � . aid t e g Director of ublic Works HEH:JWW:mc Encl. REIMBURSEMENT AGREEMENT 77-D1 STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY," and JERRY JONES, hereinafter called "BUILDER," W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY, has at its own cost and expense constructed 70 lineal feet of 2' x 4' reinforced concrete box and 1 catch basin, hereinafter called "FACILITIES," and FACILITIES have been constructed in conformance with the plans and specifications a p p approved by the Director of Public Works of CITY, and FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY's Municipal Code, Section 14.48.070; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: BUILDER has constructed, at a total cost of $5,310.00, a storm drain and appurtenances to serve Drainage District No. 9 and adjacent properties. Exhibit "A", attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated FACILITIES to CITY. The maximum refund to be paid to BUILDER under this Agreement is as follows : Total job cost of FACILITIES $ 5,310.00 Less ten percent (10%) per Code Section 14.48.070 (c) 531 .00 Maximum refund 4,779.00 Refunds shall be payable for a period of five (5) years from the date of applicant' s application and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off-site construction costs. Fees shall be collected, deposited and expended pursuant to Sections 66483 and 66487 of the government code of the State of California and all other laws of 1 . the State of California. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in said District #9 to refund BUILDER. The parties agree that previous developers within the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available within District #9. If a developer who develops property served by the facility constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer credit toward the per acreage fee con- sistent with this said agreement; and no fees shall be due BUILDER by reason of such construction and credit. The CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the facilities paid for by BUILDER. The CITY's refusal to allow any connection or connections Into the facilities paid for by BUILDER shall not make the CITY liable for any refund which might have accrued to BUILDER if such connection had been permitted. The CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for refund because of said connection. The CITY shall not be required to pay attorney's fees or court costs for any breach of this agreement. The City shall not be required to make reimbursement to any person until all drainage construction projects in a drainage area are completed. 2. EXECUTED in Huntington Beach, California on this the �OP74 day of 1977. ATTEST: CITY OF HUNTINGTON BE (CITY) ti City Clerk Mayor APPROVED AS TO CONTENT: APPROVED AS TO ,FORM: Ci y Administrator City Attorney APPROVED, INITIATING DEPARTMENT JERRY JONES (BUILDER) Cerls�" #77-108 (R.A. 77-D1 ) i 3. �1 It �• �r •i 31 . 30 - E: r19 is AVENUE- ' 320` ^ , (i-t' _ ias'� r4 � '' - /// ` 69 -.;'4.1 52 11 - i OR�LK B.;r rt?T.r3LK B 2.2f74 AC(C% '} Z.28AC. ( i ' �54 55 — � �-4. f59-- A{ AWD__S�TREE'T' f _ �•, • •yam ( t 49 /..015 AC: � STERLING AVE. de _R.M-52-6 (_ 3 = f 3T - 2./0 AC. POR. NEI. -_9 54,a (5.06'AC 2.50QC 2 50AC.y o f.je x /AC;. 94 AC. Z 300 /6s'- 3o d 2 is2 y DRIVE ' 9toa { N. Q 15-9-06 `? 159:-05 15:9- f59-03 _ 0 04 �_�- AREA SEavED 8Y DRAINAGE FAC%L%TY `' s CITY OF Hd! NTINGTON BEACH �? INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Walt Hurtienne From John Whipple Subject R. A. #77-,D1 Date April 27 , 1977 Jerry Jones Attached is a copy of R. A. #77-D1 between the City and Jerry Jones for drainage facilities built in Drainage District #9. Drainage fees at the rate of $2, 500/ac should be collected from the area served (see Exhibit "A") and paid in revenue account No. 2151. Please inform your staff of this and have them update the schedule of accounts which is kept at the counter. John ipple. Admi trative Aide JWW: lw ®� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 l ENGINEERING DEPARTMENT . April 4 , 1977 Combest and Harrison 16531 Channel Lane Huntington Beach, Ca. Subject:_ Fees and Dedication @ 18081-18101 Redondo Gentlemen: Please be advised of the following fees and dedication which are due prior to issuance of building permits. 1. Sewer 2.154 acrea @ $1, 320. 00/acre = .$2 ,843. 00 2. Water 2. 154 .acrea @ $150. 00/acre = $ 323. 00 3'. Drainage 2. 154 acrea @ $2,500. 00/acre $5,385. 00 4. O.C.S.D. .#3 = $2,400. 00 Very truly yours, R09 %777- D/ H. E.- Hartge Director of Public Works Michael Zambory City Engineer HEH:MZ:GLE:jy e ®� City' of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT April 4, . 1977 Aladdin Equipment 5556 E. Gage Avenue Bell Gardens, California Subject: Fees and Dedication @ 18092 Redondo Gentlemen: Please be advised of the following fees and dedication which are due prior to issuance of building permits. 1. Sewer . 734 acres @ $1,320..00/acre = $ 968. 88 2.. Water . 734 acres @' $ 150. 00/acre = $ 110. 10. 3. Drainage . 734 acres @ $2 , 500.00/acre = $1,835. 00 . 4. ' O.C.S.D. #3. _ $ 850. 00 Q Very truly yours, �• , ��� �+ I H. E. Hartge Director of Public Works - Michael Zambory City Engineer HEH:GLE:jy s City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 ENGINEERING DEPARTMENT April. 6, 1977 Honorable Mayor and Council Members City of Huntington Beach Attention: Floyd G. -Belsito City Administrator Subject: Reimbursement Agreement 77-Dl Storm Drain Construction Dear Council Members: Transmitted herewith is a reimbursement agreement between . the City and Jerry Jones for storm drain facilities built in Talbert Avenue at Redondo. Circle at his expense. Drainage fees will be collected. from the area served to refund the $4779 . 00 to Jerry Jones. It is _recommended that your Honorable Body approve the agreement and authorize the execution by the Mayor and City Clerk. Very truly yours, H. E. Hartge 4 Director of Public Works HEH:JWW•mc Encl. CONTRACT POUTING MEMO To: Applicable Department Director 'N From: A. De La Loza Contracts Administrator Subject : Contract e) Please review attached agreement and note recommendation and comments prior to routing to the next department listed. .� DEPARTMENT RECOMMENDATION': DATE (Approval/Disapproval ) Vl . Initiating Department : �•(,J 1--2. Contracts Administrator (Lo /Distributio v 3. City Attorney ✓4. F i nance Di rector �� z 3�7-. ✓5• City Treasurer/Risk Mgr. 6. Other r 7. Other %. ICJ N Pie �2E F•'r" -r,2��r. gy C C 8. City Administrator 9. City Council i ' 10. City Clerk 11 . Contracts Administrator Attach comments if necessary. l I DEPT. OF PUBLIC WORK CITY OF HUNTINGTON BEACH F a 2 81977 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH HUN TINOTOR. BEACH. CALIF To H. E. Hartge From A. De La Loza Director, Public Works Contracts Administrator Through: F. B. Arguello, Director of Finance Subject RA 77-D1 Date February 24, 1977 Attached please find a re-draft -of the reimbursement agreement submitted by your department for processing. The significant changes involve the addition of language which more clearlyidentifies the priority of payment to developers in the same district. Additionally, some of the ambiguous language of the old format has been deleted. The original of the draft has been reviewed by Mr. Whipple of your department and forwarded to the City Attorney for approval . I , therefore, trust that it will be ready for signature in the near future. rl ' L,-- A. De La Loza Contracts Administrator AD/cg REIMBURSEMENT AGREEMENT 77-D1 STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, . a municipal . corporation, hereinafter called "CITY," and JERRY JONES, hereinafter called "BUILDER," . W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY, has at its own cost and expense constructed 70 lineal feet of 2' x 4' reinforced concrete box and 1 catch basin, hereinafter called "FACILITIES," and FACILITIES have been constructed in conformance with the plans and specifications approved by the Director of Public Works of CITY, and FACILITIES have been dedicated to. CITY, and CITY now- desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY's Municipal Code, Section 14.48.070; NOW, THEREFORE in consi'deration of the covenants and agreements herein contained, the parties hereto agree as follows: BUILDER has constructed, at a total cost of $5, 310.00, a storm drain and appurtenances to serve Drainage District No. 9 and adjacent .properties. Exhibit "A", attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated FACILITIES to CITY. The maximum refund to be paid. to BUILDER under this Agreement is as follows : Total job cost of FACILITIES $ 5,310.00 Less' ten percent. (10%) per Code Section 14.48.070 (c) 531 .00 Maximum refund 4,779.'.00 Refunds shall be payable for a period of five (5) years from the date of applicant' s application and shall bear no interest. Refunds .shall not exceed ninety percent (90%) of off-site construction costs. Fees shall be collected, deposited and expended pursuant to Sections 66483 and 66487 of the government code of the State of California and all other laws of 1 . the State of California. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive .balance in said District #9 to. refund BUILDER. The parties agree that previous developers within the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available within District #9• If a developer who develops property served by the facility constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer credit toward the per acreage fee con- sistent with this said agreement; and no fees shall be due BUILDER by reason of such construction and credit. The CITY shall. not be liable for payment of any refund by reason of its failure to collect or .receive from any person the service fee for connect' -; into the facilities paid for by BUILDER. The CITY's refusal to allow any connection or connections into the facilities paid for by BUILDER shall not make the CITY liable for any refund which might have accrued to BUILDER if such connection had been permitted. The CITY retains the right to allow a connection by a public agency exempted from payment- of connection fees and shall not be liable to BUILDER for refund because of said connection. The CITY shall, not be required -to pay attorney's fees or. court costs for any breach of this agreement. 2. EXECUTED in Huntington Beach, California on this the day of 1977• ATTEST: CITY OF HUNTINGTON BEACH (CITY) By City Clerk Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorney APPROVED, INITIATING DEPARTMENT JERRY JONES (BUILDER) #77-108 Y (R.A. 77-D1 ) 3. ij y}� S I Il J - „ ADDR. -^ - �. NOTES—SEE BACK 4 OR I ACRES ENGR, AND INSP. W A T E R S E W E R - D R A I N A G E TRACT - FEE DATE FEE R DATE FEE R DA'i"E FEE NO. DATE P REDON 0 CIRCLE *7600 1;429.00 -7-7 2 ,859 . 00 8-7 23 , 825 9 8-7 _ 5 18108 91. 35 �_24-76 803 . 88 -24 1, 522 . 0 5-2-2 -IT t i R—REFUNDABLE IlLF"'7!o} ' I Redondo Circle r y. -.,,.'...;:.�f.a-aJ'."'�w'�,Y.N.�I� �tC-.rj'+•�. r .6••-•.n.a � .. -�.4�:..�+.-a.:...'j.�'•,r-`•�"_ � 4 i rA Yf'�ti • { �, } q. <' ... 'J'.• \-[._ c M ,nw; PAR. � -,-••b `-Ax+- "F°'3'�, �r.p' _r".—'�.y'a� .tVF"�..�'r' .-,� `�y '3 �°r".-e'Fa-'qyA" _,�,�`����'r '��"'F ti� 'a+?- '_''a•C.b. sP^`M`._+�.t'a� a•- �'4 - ap t ..q. :�Yv y�4f� Tvt'' .5i.�'.'m' a'.'MYv c�2'-`" ^'�' ,R.A,- -- „+�c., _-6 a'0.. '.f�.. ••u•'17" .t '. rde' : y__zar.M .yp �.y� •+' �'�'�.� •vti,.,f�.,a-,mow'-.� aYa"sv��w> _ �'s:"r+w`'":�'�3ta_ _YxY�.__F. _ . • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Art DeLaLosa From John Whipple riaance Dealt. Dept. of Public WorkE Subject R.A. 677-Dl Date January 12, 1977 Please review the attached reimbursement agreement for a storm drain built in Drainage District 9. LIE the sgreemant ineeto with your appi roval, please forward it to the city Attorney for hisj al3?roval as to Porn. The cost figures have been verified by this department. �©hn t0h Pnla Administrative Aide JVVde Jy° Attach. January 4, 1977 Jerry Jones P. 0. Box 101 Sunset Beach, Ca. 90742 Subject: Reimbursement Agreement 77-Dl Talbert Avenue at Redondo Circle Dear Mr. Jones: Enclosed please find the subject agreement between the City and Jerry Jones for storm drain facilities built in Talbert Avenue at your expense. Please sign the agreement and return it to this office so that I may proceed with City Council approval. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:jy Encl. 1 t REIMBURSEMENT AGREEMENT .77-Dl . STORM DRAIN CONSTRUCTION i i THIS AGREEMENT entered into by and between the- CITY. OF j HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY, " and JERRY JONES, hereinafter called "BUILDER, " W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY, has at its own cost. and expense constructed 70 lineal feet of . 21, x 4 ' reinforced concrete box and 1 catch basin, hereinafter called "FACILITIES . " FACILITIES have. been constructed in conformance with the plans and specifications approved by the Director of- Public Works of CITY, and FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY ' s Municipal Code;' NOW, THEREFORE, in consideration of the covenants and agreements herein. contained, the parties hereto agree as follows : BUILDER has constructed, at a .total cost of $5, 310. 00 -a storm drain .and appurtenances to serve Drainage District No. 9 .and adjacent properties. Exhibit- "A, " attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated FACILITIES to ,CITY-. The. maximum -refund to be paid to BUILDER under this Agreement is as follows : Total job cost of FACILITIES $5, 310 . 00 Less ten percent (10%) per CITY' s Municipal Code Section 14 .48 . 070 (c) 531 . 00 Maximum refundable, conditioned on funds being available in Drainage District No. 9 fund 4 , 779 .00 Refunds shall be payable fora period of five (5). years 1 . {, p ; from the date of applicant' s application. Refunds shall- bear no interest. Refunds shall not exceed ninety percent (900) of off- site construction costs : Funds have- been expended for Drainage District No . .9 in accordance with Government Code Sections 66483 and 66487 only. Refunds are payable only from a positive balance available in said district' s fund. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance . Director that fees have been collected in drainage area to refund BUILDER for the cost of constructing FACILITIES . 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, or by reason of expenditures made pursuant to. Govern- ment Code. Sections 66483 and 66487. CITY agrees to use .good faith to protect the interest .of developers, either individuals or entities who have previously constructed similar facilities, by collecting the 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 facility constructed by BUILDER 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; and no fees shall be due BUILDER by reason of such construction. . CITY further agrees to furnish a copy of this agreement to the developer of any properties served by the FACILITIES described herein. 2 . In the event CITY does not require a developer to deposit r - the drainage fee with the CITY prior to or concurrent with develop- ment, CITY will enter into an agreement with said developer stating that said developer is obligated,. not only to the CITY, but' also to BUILDER and to developers who have previously contributed to the cost of construction of FACILITIES constructed hereunder to deposit said fee with CITY., The CITY shall not be required to pay attorney 's fees or courtcosts_ for any breach of this agreement. EXECUTED in Huntington Beach, California on this the day of 1977. ATTEST: CITY OF HUNTINGTON BEACH (CITY) By City. Clerk Mayor .APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attorney APPROVED, INITIATING DEPARTMENT JERRY JONES (BUILDER) 3 . EX " IBIT Az.�.a. . �r 31 30 CO AVENUE -3zc' o 502 PC.4 8LK B + i�0:7. dLK B 2.204 AC.(C) ��I 2.28AC. 505 --� q.o4AC 3.c6AC. 159— I4 - ' y I 5O, �. -: .c. SrREETr E NO. 570 j 8; 06 AC. STERL!NCi AVE. 3.4 2' C T. i37 % f /2 0 AC. 51 j POR. NE. 9.54 AC. t /5.06AC. 2.504CI 2.50AC.. I I 0 � . IVC2�,Id 27 U; s ' I Z N /CS' s o DR/VE a Lj in CID159 -06 � � 159 -05 Qj� 159- Q 159 - 03 W 0 04 �{ AREA SERVED li�,`? D?,A%wAGE FAC%L.iT`� A ' To DateL,-Alu .- L i DUPLICATE Signed 3.' i= • i i Date Signed Redif . 4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak ISO ut!)4P465 PART 3 WILL BE RETURNED WITH REPLY. - BID MPOSAL JE CEEPAE11"AT CONTRAC,IT0735 Lic.No.242898 v"" } fsElnd CONTCIACT 2619 WEST EDiNGER • P.O. 11OX 5276 • SANTA ANA. CALIF. 92704 • S45-5531 TRACT NO. (CITY Q APPROVED CQ SPEC.: (COUNTY 0 UNAPPROVED 13 (STATE BID DATE (P11T. y DATE T��� 19 "j v.-- BID TO LOCATION 91du/7",(0� _ v ll7s/1 OWNER/DE V. We propose to furnish you labor and material as noted below of the unit prices shown for the construction of ITEM NO. QUANTITY - TYPE On OESCRIP TION UNIT PRicr_ TOTAL O O — 9 J L.r 7l r GENERAL TERMS AND CONDITIONS TOTAL 1. Unless otherwise noted the preparation of compacted.subgrade to within one-tenth of a foot to.the satisfaction of City, County, or State requirements shall be done by-others. Owner and/or, prime contractor agrees to pay the cost of correcting any grade off, plus or minus, more than one icrth-01 a foot at V70 time of correcting same if corrected by bidder.Not responsible for damage to eoncreta rn.Ised by expansive soil. 2. Quantities shall be determined.by physical field measurements and In accordance with the methods of computation used by the State Division of Highways where.such methods are applicable.No allowance wilt be made to bu)er for labor,material,repairs or alterations performed,furnished or made without our prior written consent and owner agrees to protect our.work from others. .3. Above bid includes a maximum move-ins.Additional move-Ins each. 4. The buyer agrees to furnish engineering,adequate plans, right of way,and access for heavy equipment,and to provide marked line and grade stakes prior to the start of work. 5. All permits to be obtained by others and cost of same not.included In this proposal. 6. OVERDUE ACCOUNTS WILL BE CHARGED ONE-HALF PERCENT PEA MONTH.INTEREST, plus..collection costs Including'reasonable attorney's fees If incurred to collect. It at any time, In our opinion, the financial responsibility of the buyer becomes Impaired or unsatisfactory, or payments are not made as scheduled, we reserve the right to stop work,and demand payment of previous_retentions,and require payment In advance on any further work.. 7. All driveway depressions are to be,located by others and we assume no responsibility for size and location of same. 8. This•bid Is subject to acceptance within twenty (20) days of its date. Prices quoted are for six (6) months from date hereof. If work not completed within six (6) months from date hereof, then quoted prices are subject to Increase to reflect any.ralses In labor arising under an applicable trade union bargaining agreement and/or materials Incurred by bidder after the said six months until completion of the work. In the event there is a cessation of labor on the job for a pertod.of thirty days,this contract may at the option of bidder be considered completed. 9. Not responsible for delays in work caused by events beyond our control. The prices.quoted.on this proposal are.based upon the use of this form and its terms and conditions as a governing contract and on the premise that each phase of the work can be completed.at one time. NOTE: This bid Includes only.those Items Indicated at unit prices and does not Include the construction of any retated.work not specifically mentioned and itemized. Related work Includes, not by way of limitation but by way of explanation, such Items as A.C. paving,grading and removal of concrete, relocation, removal or Installation of utilities.Irrigation works,pipeilnes,landscaping or planting,and patching manholes.This company does not assume responsibility for damage to wiring,underground piping and any other item of a similar nature. TERMS: Net cash: Payments on completed jobs,or progress billings(90%),are.due on the loth of the month following Installation.Entire amount to be paid_within 30 days after completion of the above work.When accepted by the buyer this bid constitutes a firm contract between both parties hereto for all.labor and materials herein referred to according to the terms and conditions herein set forth. ACCEPiEDi JEEZOWVSKI 35f ARKEL, 114C. Buyer — Date By / t s cl r , . J a ov cz-s ✓ — c '�f rLO- i I - i LICENSE #297964 C ANcADAS (714)639-5333 _ OULSON General Engineering Contractors t 13091 MALENA DR. SANTA ANA, CALIF. 92705 September 5, 1975 Mr. Gerald Jones, P.O. Box 101, Sunset Beach, California 90742. Gentlemen* We submit the lump sum.price .of $6,.900. 00 for the construction of 70 lineal feet of 2' x 4' Single ,Reinforced Concrete Box per ,State of California Department of Transportation Standard Drawing D80-2 and the construction of a Curb Inlet Catch Basin, City of Huntington Beach Standard Plan 301,. .W--16' , V=2. 781 , as shown on. unapproved and. unsigned plans prepared by the City of Huntington Beach, and used for bidding purposes. Included in our lump .sum price are one move- in; backfill with native material; stockpiling of excess excavated material. uncompacted adjacent to the box; protection of existing utilities; traffic control; 'and .cleanup of our work. Not included in our lump sum price are loca- tion, or relocation of existing utilities or lines; acts of God or damage by others; removal or recompaction of unsuitable- material or buried trash; fencing; temporary or permanent asphalt patching; dewatering or aeration; erosion control or repair of damage; or bonds, permits, engineering, testing, staking, or inspection fees. Payment is to be made in full ten days following completion and this letter shall be attached to and become part of our contract. Due to scheduling of work, this bid is subject to acceptance by Septem- ber 12, 1975. Page 1 Mr. Gerald Jones, P.O. Box 101, Sunset Beach, California 90742. When signed plans are available would you please notify us so we may submit to you a firm price for this work. We sincerely appreciate the opportunity to submit this bid to you and hope we may have the pleasure of working with you on this project. Should you have any questions, or require additional infor- mation, please do not hesitate to call. Sincerely yours, CANADAS & COULSON Richar o on RC:cp Page 2 R. R. FLEENOR & SONS General Engineering Contractors 2219 East South Street Anaheim, California 92805 (714) 535-3450 August 14, 1975 Mr. Gerald A. Jones Box 101 Sunset Beach, CA 90742 Re: BID PROPOSAL (Talbert Storm Drain Crossing, Huntington Beach, CA) Inclusive of the following: 1. Removal of Asphalt (pipe area) 2 . Excavation (pipe .area) 3. Sand Bedding 4. . -Pipe in Place 5 . Concrete Backfill in Place 6. Catch Basin Complete in Place (w=16 ') with Local Depression 7 . To Furnish All Barricades and Flagmen' Lump Sum Total $9, 789.00 (Nine Thousand Seven Hundred Eighty Nine and 00/100 Dollars) 25% .to Start Balance on Completion NOTE: Surveys , permits , water, detour paving and .str se on paved, inspection, testing by others / - i"}•�^-may ..! "'>/ ,�.. �Y^ R. FLENA001r, ACCEPTED: BY DATED . April 6 , 1977 Honorable Mayor and Council Members City of Huntington Beach Attention: Floyd G. Belsito City Administrator Subject: Reimbursement Agreement 77-Dl Storm Drain Construction Dear Council Members: Transmitted herewith is a reimbursemant agreement between the City and Kerry Hones for storm drain facilities built in Talbert Avenue at Redondo Circle at his expense. Drainage fees will be collected from the area served to refund the $4779.00 to Jerry Jones. It is recommended that your Honorable Body approve the agreement and authorize the execution by the Mayor and City Clerk. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. A. RESIDENTIAL COMMERCIAL E- ';"", r>� � �LONDED ICENSED '� LAND DEVELOPMENT GR.R y J7 ONES - GENERAL CONTRACTOR OR �� LAND-INVESTIGATION REAL E�S'TATE BROKER POST OFFICE BOX 101 SUNSET BEACH, CALIF. 90742 Op 273 ,592.1636 Mr. W. E. Hartge Director of Public "Forks City of Huntington Beach Calif. Dear Bill. We have recently sold several lots in our sub-division in `Hi min ington Beach. One lot owner has applied for a building permit, and several others will be applying for permits in December or January;, . S;:izee .t a bove property owners will soon be paying the fees to -.the City for storm drains , we would like to request that we' be Drum-biVs_ed for the fund we expended in installing the storm drain. under Talbert Ave. at Redondo Circle in Huntington Beach. The following lot owners will be soon applying for permits : Marlin Fiber Glass, John and Bob Silvers Alad in Manuf.. Buddy 4.'ombes t. Airite Inc. Oren Langston �ffdwl,s Imports Johann As s iga 1 Yours s incerlyt _ I f e . °' C �`erald A. Jones, ��Rl'-eLrc Lf C�� 2 9 7976 Hv�N i J �' bd r ' pl City of Huntington Beach • P.O. BOX 190 CALIFORNIA 82648 l�7 ENGINEERING DEPARTMENT November 19, 1975 Gerald Jones P. O. Box 101 Sunset Beach, California 9074; Subject: Storm Drain Construction Talbert Ave. @ Redondo Lane Dear Mr. Jones: The City has inspected the construction of the 2 ' x 4 ' box culvert at Talbert Avenue and Redondo Lane and have found ' it to be acceptable. This culvert is part of the City' s Master Plan Storm Drain and, therefore, the cost of construction can be used as either credit against drainage fees on your parcels or be reimbursed. Copies of the thie: bids you received on this job will be retained by this office until your notification as to how you want the construction cost handled. Very truly yours, �E. a Ar Airector of Public Works HEH:WEH: jy cc: D. Kiser ' B. Crosby C4% of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 19, 1975 P,r` Gerald. Jones P. 0. Box 101 Sunset Beach, California 90742 Subject: Storm Drain Construction Talbert Ave. @ Redondo Lane Dear Mr. Jones: 4 The City has inspected the construction of the 2 ' x 4 ' box culvert at Talbert Avenue and Redondo Lane and have found it to be acceptable. This culvert is part of the City' s Master Plan Storm Drain and, therefore, the cost of construction can be used as either credit against drainage fees on your. parcels or be reimbursed. Copies of the three bids you received on this job will be retained by this office until your notification as to how you want the construction cost handled. Very truly yours, H. E. Hartge Director of Public Works HEH:WEH: jy ,cc: Zia. B. Crosby LICENSE #297964 ANccADAS (714) 639-5333 COULSON General Engineering Contractors 13091 MALENA DR SANTA ANA, CALIF. 92705 i September 5, 1975 Mr. Gerald Jones, P.O. Box 101, Sunset Beach, California 90742, Gentlemen: We submit the lump sum -price of $6, 900. 00 for the construction of 70 lineal feet of 2' x 4.' Single Reinforced .Concrete Bok.per State of .California Department of Transportation Standard Drawing D80-2 and the construction of. a Curb Inlet . Catch. Basin, . City of Huntington Beach Standard Plan 301, W 16' , V=2. 18' , 'as shown on unapproved and unsigned plans prepared by the City' of Huntington Beach, and used for bidding purposes. Included in our lump sum price are one move- in; backf ill with native material; stockpiling of excess excavated material uncompacted adjacent to the box; protection of existing utilities; traffic control; and cleanup -of our work. Not included in our- .lump sum price are loda- tion or .relocation of existing util-ities or- lines; acts of God or damage by others; removal or recompaction of unsuitable material or buried trash; fencing; temporary or permanent asphalt patching; dewatering or aeration; erosion control or repair of .damage,- 'or bonds, permits, engineering, testing, staking, or inspection fees. Payment is to be made in full ten days following completion. and this letter shall be attached to and become part .of our contract. Due to scheduling of work, this bid is subject to acceptance by Septem- ber 12, 1975. Page 1 t. Mr. Gerald Jones, P.O. Box 101, Sunset Beach, California 90742. When signed plans are available would you please notify us so we may submit to you a firm price for this work. We sincerely appreciate the opportunity to submit this bid to you and hope we may have the pleasure of working with you on this project. Should you have any questions, or require additional infor- mation, please' do not hesitate to call. Sincerely yours, CANADAS & COULSON Richar o on RC:cp Page 2 41 ,FEZOWS-1ril lac NAR,,EL, INC. -: �1 ,p KrIG:r� EINT CON Y {T7ACTOR-48 Lic. No.242898 3 V^ ''3 - and ` ON7RACIr 2619 WEST EDINGER • P.O. BOX 5276 0 SANTA ANA• CALIF. 92704 0 545-5531 ' --TRACT NO. (CITY <, APPROVED Q SPEC.: (COUNTY 0 Vr UNAPPROVED .0 (STATE C 7 ' 810 DATE (PVT. DATE . ✓ )9_� .._ BID TO rf +� -✓�C�idr'S LOCATION =Zd/GZ E:-_— �O7yJt OWNER i DE V. We propose to furnish you labor and material as noted below at the unit prices shown .for the construction of ITEM two. QUANTITY TYPE On DESCRIPTION UNIT PRICE 11 TOTAL FYX 0 )._. :� Il 1 r �_C _l • GENERAL TERMS AND CONDITIONS TOTAL - 1. Uniess otherwise noted the preparation.of compacted subgrade to within one-tenth of a foot to the satisfaction of .City, County,or State requirements shall be done by.others. Owner and/or prime contractor agrees to pay the cost of correcting any grade off, plus or minus, more than o _:crt:t a:a fcut at the Urns of correcting same if.corr.ected by bidder.Not respons;ble for damage to conerPte r.Aused by expana VR foil. 2. Quantities shall be determined by physical field measurements and In accordance with the methods of computation used by the State.Division of Highways where such methods are applicable.No allowance will be made to buyer for tabor,material,repairs or alterations performed,furnished or made without our prior written consent and owner agrees to protect our work from others. .3. Above bid Includes a maximum move-ins.Additional move-ins each. 4. The buyer agrees to furnish engineering, adequate plans, right of way, and access for heavy equipment,and to provide marked line and grade stakes prior,to the start of work. 5. All permits to be obtained by others and cost of same not Included In this proposal. 6. OVERDUE ACCOUNTS WILL BE CHARGED. ONE-HALF PERCENT PER MONTH INTEREST, plus collection costs Including reasonable attorney's fees If incurred to collect. If at any time, in our opinion, the financial responsibility of the buyer becomes Impaired or unsatisfactory, or payments are not made as scheduled, we reserve the right to stop work,and demand payment of previous retentions,and require payment in advance on 'any further work. %. All driveway depressions are to be located by others-and we assume no responsibility for size and location of same. 8. This bid Is subject to acceptance within twenty (20) days of its date. Prices quoted are for six (6) months from date hereof. If work.not completed within six (6) months from date hereof, then quoted prices are subject to Increase to reflect any raises in labor arising tender an applicable trade union bargaining agreement and/or-materials Incurred by bidder after the said six months until completion of the work. In the event there is a cessation of labor on the job for a period of thirty days,this contract may at the option of bidder be considered completed. 9. Not responsible for delays-in work caused by events beyond our control. The prices quoted on this proposal arebased upon the use of this form and its terms and conditions as a governing contract and on the premise that each phase of the work can be completed at one time. NOTE:.This bid Includes only those items indicated at unit prices and does not Include the construction of any related work not specifically mentioned and itamlzod.'Related work includes, not by way of limitation but by way of explanation, such items as A.C. paving,grading and removal of concrete. , relocation, removal or Installation of utilities,Irrigation works,pipelines,landscaping or planting,and patching manholes.This company does not assume responsibility for damage to wiring,underground piping and any other item of a similar nature. TERMS: Net cash. Payments on completed jobs,or progress billings(90%),are due on.the loth of the month following Installation.Entire amount to be paid within 30 days after completion of the above work.When accepted by the buyer this bid constitutes a firm contract between both parties hereto for all labor and materials herein-refereed to according to the terms and conditions herein set forth. ACCEPTED: JEZGWSKI Et MARKEL, INC. Buyer -- — BY Date �r R. R. FLEENOR & SONS General Engineering Contractors 2219 East South Street Anaheim, California 92805 (714) 535-3450 August 14, 1975 Mr. Gerald A. Jones Box 101 Sunset Beach, CA 90742 Re : BID PROPOSAL (Talbert Storm Drain Crossing, Huntington Beach, CA) Inclusive of the following : 1 . Removal of Asphalt (pipe area) 2 . Excavation (pipe area) 3. Sand Bedding 4. Pipe in Place 5 . Concrete Backfill in Place 6 . Catch Basin Complete in Place (w=16 ' ) with Local Depression 7 . To Furnish All Barricades and Flagmen Lump Sum Total $9 , 789 .00 (Nine Thousand Seven Hundred Eighty Nine and 00/100 Dollars) 25% to Start Balance on Completion NOTE: Surveys , permits , water, detour paving and stre sec on paved, inspection, testing by others •ri r y l 1• ACCEPTED : BY DATED