HomeMy WebLinkAboutKaufman and Broad - Reimbursement Agreements 70-D5 and 70-D6 _ t
i
October IQ—**
Kattman &
10001 National BouleNaurc! �
Los Anpbles, Cal iforrtia- 00004 :{
AUentiont Mr. J. Hints, W. P. Fo rbeMr, ''r AA.
Rage City of HurAftton 860eft Ratrr�txn e�
c�a►t�tlemen t � ,
The following is a final wj merry of retrnbweabla: mmtrucMao costs
to date for K&L&rnan & BMW tracts looMad Mthln the litrltto of the
City ef lwl nttngton Beach.
-
Y. Tract hto. Reiff
>*rsable Cruet
5882 $ 81#147.00 � -
5978 00354.32
6947 10.,433.50
6E578 13,546.46
6277 393,851 .47
8339 30308.00
6730 )
4Y5,619.156 ...rr.�• �.. ,w,
6755 )
TOTAL 1186,286.30tp3 11
TOTAL REIMBURSABLE C 't
All tracts with the exception of 8750 and 86¢i SIS6#2W.80
Park site retrnbursem®nt Tracts 0730 and361.24 -
Sub Total $2000810,54,
Due City of Huntington Beach 4418.i4
>: Total Rotn bursermu t Casts '' M2 i Is,
I
4
Fit* 0100-5800
October 9, 1970 1
Kaufman & Broad Page 2
In addition, the current status of Tracts 6766 and OMI are as.follower
i
FEES (Unpaid)
Sewer $ 80510.70 1
Water 41,255.35
Storm Drain 410085.75
TOTAL $53,851i 80
CONSTRUCTION COSTS (Estimated)
i
Sewer $100 925.21
Water 48041 .27 .
TOTAL $14,966.48
1 .
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4 -
1
i' File *100-5800
i9 October 9, 1970
{e Kauffman & Broad Page 3
REIMBURSEMENT $TATU5
Tract No. 5082 - Drainage District 7113
Balance: $61 ,147.00 (storm drain .agr'esement ski 14)
Two (2) prior reimbursement agreements
#90 approximatelyz $41,000.00 still owed
*104 approximately: $ 3,000.00 stfll awed
Status: No immediate reimbursement
t. Tract No. 5206 5939 5907 5978 and 62481 - Drsi a District D A 7G
I .
Accumulated total of above tracts: Balance $9,384.32
Status: Payment in approximately 3 weeks
I
Tract No. 6247 - bra 2N9 District 7G
Balance: $13,433.50 (storm drain agreemw t #139) r � f,04�
Status: Funds available within drainage dis�trict but $160,000.,00 is owed
by the district to ,the City Sewer Fund.
lPriori of a ment has not been revolved.
r/� ✓a�� G� �hl`Gr �ro tgai �� Ul/G ff �is[�41 UCJ�� 44
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File 0100-5800
October 9, 1970
Kaufman & Broad Page 4
Tract 6576 - Drainage District 7E & 7H
Balance: $13,546.46 Due City: $134.55 (sewer)
I
&J
Three (3) prior reimbursement agreements:
#142°approximately $ 64,000.00 _
*143 approximately $135,000.00
*146 approximately $ 77,000.00
Status: No immediate reimbursement (A new agreement will be
written for this balance). 70 t : �� � .
(a
Tract 6277 -- Drainage District 9
E
Balance: $39,851 .47
Phase i of a proposed City Park adjacent to, Tract 6277 is scheduled for
1971 . Reimbursement funds should be available at that time.
Status: No immediate reimbursement
i
Tracts 6339, 6730 and 6755 - Drainage District 7G, 7F & 7G
Balance: Tract 6339 (sewer) $ 3,303.00
Tract 6730 (sewer) 27,09.72.
.83
Tract 6755 (water) is,5 $30,,358.83
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Due City: $363.61 (water)
Status: Payment of sewer construction cost $30,358.83.
In approximately 3 weeks,
N6 immediate reimbursement of water construction costs.
y
File #100-5800
October 9, 1970
Kaufman & Broad Page 5
Mr. Ted Mullen of the Huntington Beach City Engineering office has
reviewed all the costs obtl ined in this letter and is in full concurrence.
Documentation has been compiled to substantiate all reimbursement
totals.
If.there are any questions about any portion of this reimbursement
summary, ptease do not hesitate to contact us.
a
Very truly yours,
f
R.M. GAL LOW AY & ASSOCIATES, INC.
W.V. Chapman r
Project Engineer
WVC:ea
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PREPARED BY , !
T 8 r�76 APPROVED BY
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PREPARED BY
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February 19, 1971
Kaufman and Broad
10801 National Boulevard
Los Angeles* California 90064
Attentiont Paul Farber
Subject: Storm Drain Reimbursement
Agreement No. 70-D6
Gentlemen:
Enclosed is your executed copy of storm drain reim-
bursement agreement No. 70-D6.
Also enclosed is a -reimbursement check of $18,563.72.
This constitutes full payment for all reimbursable storm
drain construction by Kaufman and Broad in District 7G, to
date.
Very truly yours,
James R. Wheeler
Director of Public Works
Eric 1. Lovejoy
Division Engineer
JUSILM.-ae,
Encl.
October 22, 1970
a
Kaufman and Broad
10801 National Boulevard
Los Angeles, California 90064
Attentions Paul Farber
Subjects Storm Draip-Reimbursement
Agreemen 70'0
-D5``& 70-D6
Gentlemens
D Enclosed are storm drain reimbursement agreements
70-D5 and 70-D6. Please have the original and one copy of
each signed by the authorized people in your organization
and return to us for exevution.
Also enclosed are two reimbursement checks. The $30,358.83
constitutes full payment for all reimbursable sewer main cons-
truction by Kaufman and Broad in the City to date. Similarly
the $9,354.32 is full payment for all reimbursable water main
'1 construction by your company to date.
Very trply yours,
James R. Wheeler
Director of Public Works
Eric I. Lovejoy
Division Engineer
JRWsEILsTMsmp
Enclos.
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City of Huntington Beach
P.O. BOX 190 CALIFORNIA 82648 1
ENGINEERING DEPARTMENT
October 12, 1970
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement for Construction
of Offsite and Oversize Water Main
Brookhurst and Indianapolis
Gentlemen:
Kaufman and Broad constructed the subject water mains.
Fees in the amount of $9,354.32 have been collected from
developers who have connected to this line and said sum is
refundable to the developer per Chapter 34. This amount
constitutes full payment to Kaufman and Broad for all reim-
bursable water main construction in the city of Huntington
Beach.
It is requested that sum be reimbursed, the check be
made payable to Kaufman and Broad, and the check be returned
to this office for transmittal.
Very truly yours,
James R. Wheeler
Director of Public Works
JRW:TM:ae
cc: Finance Dept.
s
City of Huntington Beach -
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
October 12, 1970
Honorable Mayor
and City Council .
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement for Construction of
Offsite and Oversize Sewer Main on
Bushard from Hamilton 1400' N/o Atlanta
Gentlemen:
Kaufman and Broad constructed the subject sewer main.
Fees in the amount of $30,358.83 have been collected from
developers who have connected to this line and said sum is
refundable to the developer per Chapter 35. This amount
constitutes full payment to Kaufman and Broad for all reim-
bursable sewer main construction in the City.
Enclosed is a resolution for the reimbursement. It is
requested that sum be reimbursed, the check be made payable
to Kaufman and Broad, and the check be returned to this
office for transmittal.
Very truly yours,
Cqames R. Wheeler
Director of Public Works
JRW:TM:ae
Encl.
cc: Finance Dept.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF
MONEY FROM THE SEWER FUND.
WHEREAS, the City Council of the city of Hnntington Beach has
adopted a budget for the Fiscal Year 1970-71 by Ordinance No. 1585,
and
WHEREAS, Section 5 of said ,Ordinance No. 1585 provides the
procedure for authorizing expenditures from the several Special Funds:
mentioned in said section 5, and
WHEREAS, the Director of Public Works and the City Administrator
have recommended and expenditure, and
WHEREAS, the City Council hereby approves said recommendations,
BE IT THEREFORE RESOLVED that an expenditure in the amount of
Thirty Thousand Three Hundred Fifty-eight and 83/100 dollars ($30,358.83)
is hereby authorized to be made from the Sewer Fund. Fund payable to
Kaufman and Broad for reimbursement for construction of offsite and
oversize sewer main.
PASSED AND ADOPTED this day of 1970.
Mayor
ATTEST:
City Clerk
ryHTiNGTpy
CITY OF HUNTINGTON BEACH
9 zT i ENGINEERING DEPARTIAENT
Huntington Beach, Califp
C
June 15, 1965
Kaufman and Broad
10889 Wilshire Blvd., r
Suite 640
i
Loa Ang..eles, California %024
Attention: Mr. E. S. Rosenfeld
Subject:i Bond Amounts .and Fees;
r ! Tracts 5907 & 5939
Dear S'r:
A review of our records indicate the status of fees on the existing
tracts which you have constructed to be ap follows:
r
.::ewer t
s. Rei,:)bursement due for off`site and oversize
construction in conjunction with Tracts
4416 & 5062 $10,547.67` Tr 44i6 So62
b- Server fee for Tract 5206 �2,;,,;:k.� 60."�,� 15,720.00
c. Sewer fee due Tract 5206 ` 5,172.33 "
d. :::ewer fee paid Tract 5206 4,512.90
e. valance due City 659.43
�. iiE . :!::�r r;;,er.t due for offsite and oversize
cons Sri c� is n in conjunction q.ith Tracts
b. f-r- for Tract 5206 7 860.00
tTractc z
a 4. ,.,
F� bZ.vufk Y 3ao`'
-r f .e .206 51 309.34 Dr .
r'ue for offsit,e and over—
.:.i .•.iction in conjunction with
Trz.r,; `r; !ref. your letter of May 26,
Ica, it.e•:
F
�I
1
j j:, 1 ,f. 12" ACP $6.77/Pt = $ 9,065.03
R . 1211 G L ta, '$225.00/ea ' = 1,125.00
<. Fa. 12" x 6" Tees 49 $112.50ie _ ?_25:00
hnk.ineer ing 200.OU
$10,615.03
i.:versize
i
t
?00 _.f. 1211 ACP 0 (6.77-3.00)I � = 2,639.00
I $13,254.03
`C,- rei.mbursable $11,928.63
e. iialar.ce r'ue K & B (itf- r,, d less item c)
I
3 T`rr.i naF F (Area 7D) :
Re is,)ursemert clue for offsite construction
in ccn iunct ion with '?Tact 5206 (ref. your
l -ti., r of. May 26, 1 5)
7i2 I f. 27" RCP irk �1.'...i0�ft I $ -1,903.20
2 ea. iri ck :�u.lkhehas (a J L� �2
j *, LF ;. .ea = 250.00 \o
i En?,irjeering - 2CY1.QCt D
.. ei,nc,,u-st•rkcnt clue k a B :; 89353.20
i TIra:J—n re 7r•)
1 � r
`;rSPT.F fit k reement dated
' !, 19E 5 $61 147.00
�cvea'��r
/J� -
rt,ceivirw actual ces�; of.offsite and oversize
ton unct ion with Tracts 44:16 and 5062, an
c4eterT s e the fee for Tract 5206. The balance
i due thc_ _ :t.,Gi I above is due to the difference between the
est,i^f: .c t::'t _..; cost.
:x: items 2 and 3 above were reduced for the
i'- ? •;:.. , t- -. 5: �rir,a "or oversize construction is not
I'E 1G11r5t C'�f• '; ,,.'e' ., cost is not dependent upon line size in
ti,at the $200.00 would cover any
,•; .i. .c :- :. . rr: s; for tl:e offsite water main. Engineering for
; e ..ce; to ",p200.00 since all design was completed
... ,- , .•fF r'.. Tt.e only engineering necessary for your
i e t�-,f:i Portion of the line to be installed
i
l
4
rp mint'. listed in Item 3 abov will be refunded to
yo,, as s. •_�r: ' ; e paper worK can be prolsed through the City
I
::oral amounts and feealreceivable from the sub-
. =^`- �•: . ... .
1
Tat Tract 5939
102 lots on . 105 lots on
18.874 ac. 21.139 ac .
a120,5Q0.00 $1469600.00
-0, 500.00 500.00
I
-0r7— T' ( �ii':''.l r,/arJ 5,c62.20 6,341.70
%ac) 41,522.80 46,505.PO
t3" x Imp. done ) 3,615.00 4,398.00
;nr• T''aC:; on (1` 'n+ G 5•"ji)i LO+ ) 510.00 525.QG
(a72.4µ;'ac) 11,367.23 1,531.31
4
1 E. e :(,a�t. :,r! sulb "it,ted an r, separate. cs~Fck.
.11 i_'a•^_t, 5'1017 a 43 110.85 Tract 5939) will
j c r•= .t• tr,�/l :r �'. t. = refur:--: due pF t r It, 2 above and the refund
'!,E- fc-r -lost ir.•^urred in t. .e in
stal'_.atic}n of an
•.)okr,-_xst end a 12" line on indiananolis in
;:_ .: is .`K•'i a-1c 503°.
f
` `�°'? <I,o� 5p3,will be precrediter: to
r)'- . . `f;ite sty>r•T rain construction provided
tr 1.s P°., F to iluarentee the work or pay-
'.< ..
tti — .0 65a.43
T .1''•iT:iTEs tracts
Z8,353.2C
;�1,147.00
-07 ,..n,! 5)3'
'w- Copie's of the executed subdivision agreement,
'a 0 r", if: ''e of insurance and the fees listed herein must
orior to recordationlekeept
h . s to be pre-crer4ited
fees to be bonded.
Very trul yours,
Ja--res R. Wheeler
Director of Public Works
9-9-70
Ted Mullen
Memo to File Tr. 5907 & 5939
See letter to K & B 6-15-65
Reimbursement due K & B for water mains constructed in Brookhurst
and Indianapolis.
Because construction costs -are not availabe Engr's Est. used for unit
prices (see file)
Tr. 5907:
760' 12" AC x (5.25-3.45)= $1368.00
Tr. 5939:
1248' 16" AC x (7.25-3.45)= 4742.40
48' 16" jacking(diff=8.00/ft) 384.00
599' 12" AC x (5.25-3.45) = 1078.20
3 12" G.V. (250.00-135.00 = 345.00
5 16" x 12" Red. @ 150.00 = 750.00
8,667.60
Per Chap. 35
8,667..60 x 90% = $7,800.84 - Net Reimbursement
Water Fees: Tract 5907 $2,831.10
Tract 5939 3,170.85
$6,001.95
Per Item 2 of letter to K d B, 6-15-65, these fees to credited against reimb. due
them on previous tracts 4416 & 5206 (Agnit. #113)
& Tract 5206.
At that time Balance due K d B was $6,619.29
Subtracting fees from Tract 5907 d 5939 6,001.95
617.34
Combining this with Net Reimb. from above 7,800.84 + 617.34
= New Amount Due K d B - $8,418.18
9-10-70
Ted Mullen
Memo to File
Tract 5978
16" water main in Brookhurst from Atlanta 1325' North
Reimb. Items:
16" A.C.P. 1323 l.f. (7.70-3.15) 4.55 $6019.65
12" Gate valve (1) (285.00-135.00) 150.00
16" x 12" reducers (2) 152.00 304.00
16" x 16" tee (1) 152.00 152.00
$6625.65
90% _ $5963.09
water fees credited - $5026.95
$ 936.14
9-11-70
Ted Mullen
per Eric
Memo to Files K d B tracts 876 d 6576
An understanding was reached on reimbursement eligibility and payment and credit
of Drainage Fees for the above Tracts as follows:
Tr. 876 Credit 600.00/AC for master plan construction
(10.02 AC) Payment 600.00/AC for m.p. const. by Security Fore
Payment 650.00/AC for pump station fees
Tr. 6576 Credit 1200.00/AC for master plan const.
(15.013 AC) Payment 650.00/AC for pump station
Total Fees credited to this storm drain are $18,015.60 + $6,012.00 ==--$24,027.60
ti
7 f!
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
October 25, 1968
Kaufman and Broad
10889 Wilshire Boulevard
Suite 640
Los Angeles, California 90024
Subject: Status of Reimbursement
Agreements No. 112, 113 & 114
Gentlemen:
Following is a breakdown of refunds or status of refunds:
1. Reimbursement Agreement No. 114 - Storm Drain
Construction in Adams Avenue, Drainage Area 7B.
os Your reimbursement agreement in this area is
third in line. Macco Corporation constructed the
pump station at a cost in excess of $300,000 and
are still owed $61,277.70. Williamson Park installed
storm drain at a cost of $2,975.00, which is still
unpaid. Your company, per your agreement, cannot
expect payment until fees in excess of the above are
collected. At the present time, there is no activity
in the area.
2. Reimbursement Agreement No. 112 & 113 - Water Line
and Sewer Line.
Per the conditions of these agreements, monies
collected from developers making connection to the
lines you constructed would be reimbursed to you. No
developer has connected to the lines since they were
installed.
If there are any further questions, please contact this
office.
Very truly yours,
James R. Wheeler
Director of Pu 'c Works
Darrell G. yer.
Division Ehgineer
JRW:DGB:ae
r
REIMBURSEMENT AGREEMENT FOR
f�
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for convenience referred to as "City",
and /��ti,, �iad � a ��,, , hereinafter for convenience
/ O
referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost
and expense, constructed 51 ��,�„ , hereinafter referred to as
facilities, t}o� serve Builder's subdivision Tract No. e ;�� and adjacent
propertiesl4✓is'7 - , and said facilities have been constructed in
conformity with the plans and specifications approved by 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,
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 $ (O�"Z/z a
P 1
?y, and appurtenances to serve
and adjacent properties. (See Exhibit "A" attached
hereto and made a part hereof for a map of the area served) and has dedicated
said facilities to City.
The refund to be paid to Builder under this agreement is as follows:
Total job cost of facilities
Less: Refund credited by waiver of
fee @
Tract Acres Amount
r7
Net Refundable
J"`�1
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 Ordinance Code, and that City has
received the fee for such connection.
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 individuals or entities. who
have previously constructed similar facilities. by the collecting 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.
In the event City does not require a developer to deposit the drainage
fee with the City prior to or concurrent with development, 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 facilities 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 proceedings. either by the City or by
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 the attorney fees for any of the parties.
-2-
It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this day of , 19
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST:
City Clerk
BUILDER
APPROVED AS TO FORM
by
-3-
REIMBURSEMENT AGREEMENT FOR
35.6'is -7 A6-,0/->
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for convenience referred to as "City",
and L/l.�� �fG� n� , hereinafter for convenience
referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost
and expense, constructed ,�j ��� , hereinafter referred to as
facilities, to serve Builder's subdivision Tract No. e=-� and adjacent
properties % A11 1 7E,Z�, and said facilities have been constructed in
conformity with the plans and specifications approved by 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,
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 $ 3 � a
J
and appurtenances to serve T e 57e
and adjacent properties. (See Exhibit "A" attached
hereto and made a part hereof for a map of the area served) and has dedicated
said facilities to City.
The refund to be paid to Builder under this agreement is as follows:
d
Total job cost of facilities $
Less: Refund credited by waiver of
fee @
Tract Acres Amount
Net Refundable $
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 Ordinance Code, and that City has
received the fee for such connection.
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 individuals or entities. who
have previously constructed similar facilities, by the collecting 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.
In the event City does not require a developer to deposit the drainage
fee with the City prior to or concurrent with development, 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 facilities 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 proceedings. either by the City or by
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 the attorney fees for any of the parties.
-2-
It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this day of 19
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST:
City Clerk
BUILDER ;
T
APPROVED AS TO FORM
by
-3-
I.rair.age Ar:a- 7E and 7H
THIS 4GREENZINT, dated ttiis .� day of , 191
by and
BL�'til�fi;N
CITY OI' HUNTINGTON BEACH.
a municipal corporation
v hereinafter for convenience
referred to as,
CITY
SECURITY FORE CORPORATION
2711 East Coast Highway, Suite 102
Corona del Mar, California
U hereinafter for convenience
referred to as
WI`i°NESSETH:
W141EREAS, Developer has filed application with the City of Huntington
Beach for construction of a storm drain in conjunction with
the development of Tentative Tract 5972 as delineated on the
Master Plan Drainage Study for
: drainage area No. 7E , and, 7H, and
WHEREAS, Developer is, at his own cost and expense constructing said
work all in, conformity with the plans, specifications and provisions as
approved by the Director of Public Works, and
WHEREAS, construction of said work has been in conformity to an applicab._'�
chapter of the Huntington Beach Ordinance Code, and
WHEREAS, Developer is entitled to reimbursement for the work performed
following tI-- construction of these works, said reimbursement to be made as
agreed herein.
NOW, THEREFORE, in consideration of the premises and the agreements
herein contained, the parties agree as follows:
to That upon completion of the work, or portions thereof herein desc_T'.';:-A,
by the Developer, to the fins_ satisfaction of the Director of Public Works
and on its beieg accepted by the City of Huntington Beach, Developer sha11.
4
No� 69-D2
149
be entitled to reimbursement for drainage fees paid at the time of development
of lands tributary to this storm drain; more specifically, but not limited
P4 r aerei
to drainage fees based on Area 7E & 7H at the rate of 6 0.00 � for the
p4er 46rt
pump station and $1 ,200.00//1„for the storm drain facilities.
(Refer to Exhibit "A" attached hereto for area served):and Fkhi�i "--
2. That the facility under construction by Developer in drainage areil-'S
15
7E and 7H for which refunds are hereby agreed to be paid 4as follows:
Storm drain for Tentative Tract 5972.
3. That the cost to Developer to date for construction of this facility
is estimated to be as follows:
Storm drain construction = $2 0 000.00
The h1„* ofoldslorn;drain cis f/Gmllkn Ale.& and Afkli verve. aS S&wn on i np�overrr�t plan:
{er deva%pmeo tur ,in fie/In�l/5 of Terb/iv2 Tittcf3y7 0
4. That the Developer at the reques of and in the best interest of the
City has under construction this facility sized to City requirements, and for
o�
which the City has agreed to participate in the amount Ff NONE.
5. That the refund to be paid the Developer under this agreement is as
follows:
Refund credited by construction of Developer's tracts as follows:
Tract Acres Amount
6020 18.60 22,320
6567— 11 .33 13,596
6568 1o.67 12,8o4
-6736 -- 11 .64 13,968
6021 17.45 20,94o
j 7� 69.69 83,628 i6t6a372
Net Refundable $ �
6. That refund shall be made by the w0kof the y of Huntington
Beach, upon certification by the Director of Public Works, to the Developer
as the work progresses to the extent that funds are available from drainage
fees collected for service by this facility.
7. If additional users participate in drainage facilities in drainage
area No.. 7E::& 7H in the future, the drainage fees they pay will be distributed
to individuals. or entities that have .previously contributed to the cost
4&gmeement--1:46 of the drain, in proportion to the cost borne by each such
individual or entity._
Agreements entered into by City subsequent to this agreement shall nft
provide for reimbursement this agreement paid.
i
-2-
r ,
8. City shall not be liable for payment of refund by reason if its
failure to collect or receive from any person or entity the drainage fee.
However, City agrees from an administrative, legislative or quasi judicial
procedure to protect the interest of Developer, either individuals or
entities, who have previously constructed drainage facilities, by the collecting
of the drainage fees, either prior to or concurrent with the approval of
any final maps within the drainage area. If a developer, who is within the
drainage area, is required, as a condition to the approval of a tentative or a
final map to construct drainage facilities within *he drainage area, City may
�y allow said developer credit towards the per acreage fee consistent with this
said agreement; providing however h in the area north of Atlanta A ve
cre,
said credit shall be limited to $600.0 he 00.* be distributed
C
in accordance with paragraph 7 o s agreement. Ci urther agr -to
furnish a copy agreement to the developer of pro e in the
dr nage area 40 -�
9. In the event City does not require a developer within the drainage
area to deposit the drainage fee with the City prior to or concurrent with
the approval of the tentative or final map, in that event City will provide
in any agreement with said developer that said new developer is obligated not
only to the City but to the first developer, individuals or entities who have
previously contributed to the cost of construction of drainage facilities
within the drainage area; said agreement will further provide that in the
event that it becomes necessary to institute legal proceedings, either by the
City or by the developer who has previously, contributed to the cost of drainage
facilities, to enforce the rights of the parties thereunder that the prevailing
party shall be entitled to reasonable attorneys fees; provided, however, that
the City shall not be required to pay the attorneys fees for any of the parties.
10. In the event City must construct additional drainage facilities within
AAA...this-- drainage areaSto allow further development within the areas to proceed,
City may use funds available from drainage fees collected within drainage areas
7E & 7H for construction of the additional drainage facilities prior to fulfilling
the herein stated reimbursement. Said Cityuse of funds for construction of
additional facilities north of Atlanta shall not exceed 50% of the fees collected
north of Atlanta.
11 . It is understood that the City is not required to institute legal
proceedings to protect the interest of the developer, but may do so.
-3-
�-J-
DATED:
BUILDER
CITY OF HU14TING'_ON BEACH,
a municipal corporation
Vice President
Fly
Mayor
By.
Asst. Secretary
ATTEST:
City Clerk
APPROVED AS TO FORM:
o City Attorney
STATE OF CALIFO.l A )-
COUNT`1 OF ORANGE ) ss
On this day of 19 before me,
a Notary Public, in and for said County
and State, personally appeared , known to
me to be the Mayor, and , known to me to be
the City Clerk of the City of Huntington Beach, a municipal corporation, the
corporation that executed the within instrument and acknowledged to me that
they executed said instrument on behalf of such municipal corporation .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
On this day of , 19 , before me, a
Notary Public, in and for the said County and State, personally appeared
known to me to be the President and
known to me to be the Secretary of
the corporation that executed the within instrument and acknowledged to me
that they executed said instrument on behalf of such corporation.
-4-
r-
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