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HomeMy WebLinkAboutMacco Realty Company - Reimbursement Agreement 97 - Drainage TOPIC � FILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 17in 1 - as 73 FA-fD �s 3 F,�td SP 64 FILE NO- TOPIC �---� ART-CRAFT BUSINE'i'� FORMS — (714) 535- REQ.NO. 412812 DEPARTMENT USE I , ,M, 2�1 1 10 8, 1,2 7 7 1 1 1 1 1 1 1 1 I_-I I L�_'_: 6 7 Acc't No. 12 M M D D Y Y M M D D Y Y 25 78 FS•'l 13 18 19 24 Date Required HUNIINGIONN BEACH - MATERIAL Requested by John Whipple Approval _ REQUISITION Approved by Contacted PURCHASING For additional information call Phone Phone 5522 DATE 8/4/77 VENDOR # P.O. # v • G.S.C. Development Co. S • E H N D 530 W. 6th Street — 9th Floor P _. 0 R Los Angeles, CA 90014 0 F.O.B. Destination Delivery within Confirm �Plusrt. - Prep�& Ad�d: ' Terms: days Please prepare check for $23 , 096. 08 payable to G.S .C. Development Co. (see attached memo from James Georges) as full balance of Reimbursement Agreement No. 97 . Resolution #4497 authorize this payment is attached. Payment is to be made from Drainage District 7D Fund. Cash with order. TGTA L $ REQ. NO. AMOUNT REQ. NO. AMOUNT REQ. NO. .AMOUNT 2 3 STATEI-i"iT OF THE:ACT•ION: OF THE CITY COULm IL Council Chamber, City Hall Huntington Beach, California August 1, 1977 by�r Pattinson called the regular meeting of the City Council f the City of Huntington Beach to order at 7:30 P.M. Present: _RartlPtt, Wieder,, Coen, Gibbs, Siebert. Shenkman, Pattinson Absent: None On motion- by Siebert, second .Bartlett, Council directed the City Clerk to read Resolutions 4495, 4496, 4497,-4498, 4499, 4500, 4501, and 4503, and waived further reading and adopted same by _the following roll call.vote: ..AYES: Bartlett, Wieder, Coen, .Gibbs, Siebert, Shenkman, Pattinson. NOES: None ABSENT: None RESOLUTION NO. 4497 •- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT TO MACCO REALTY COMPANY ON REIMBURSEMENT AGREEMENT NO. 97." RESOLUTION NO. 4498 - "A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT TO WILLIAM LYON DEVELOPMENT ON REIMBURSEMENT AGREEMENT NO. 70-D7." On. motion by Bartlett, second Shenkman the regular . meeting of the City Council of the City of Huntington Beach adjourned at 11:35 P.M. to Monday,_ August 15, 1977 at 6:30 P.M. in the Civic Center, Room B-8 The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Alicia M_ Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington .Beach, California . Alicia M. Wentworth Ronald R. Pattinson City Clerk Mayor STATE OF CALIFORNIA ) . County of Orange ) SS: City of Huntington Beach) I, ALICIA M. WENTWORTH; the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 1st day of August , 19 77 . WITNESS my hand and seal of the said City of Huntington Beach this the 3rd day of 19 77 Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy j �• CITY ®F HIDNTINGTON BEACH 1 P INTER-DEPARTMENT .COMMUNICATION HUNTINGTON BEACH r To Art De La Loza From James Georges Contracts Administrator Deputy City Attorney Subject Macco Realty Company Merger Date August 2, 1977 with GSC Development Corporation 3 In response to your request for an opinion as to whether the attached documents are a sufficient basis upon which to make reimbursement payment directly to GSC Development , the following applies : Industrial Income. Properties , Inc . and Macco Corporation have merged and the surviving corporation, Industrial Income Properties , Inc . , shall at the same time change its name to GSC Development Corporation. Any reimburse- ment monies which the City owes to- Macco- Corporation shall thereafter be due and owing to GSC Development Cor oration'. DAMES GEORGES Deputy City Attorney JG : cs .Attachments City Huntington of H ntin ton Beach P.O. BOX 190 CALIFORNIA 92M ENGINEERING DEPARTMENT (� TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE July 25, 1977 SUBJECT: Refund of Reimbursement Agreement No. 97 STATEMENT Transmitted herewith is a resolution authorizing full pay- ment of $23 ,096. 08 to Macco Realty on Reimbursement Agreement No. 97 for construction of Master Planned storm drain facilities. �! RECOMMENDED ACTION Adopt resolution. ANALYSIS In 1964 , Macco Realty put up the funds to finance the con- struction of the Meredith Drive pump station, Glen Mar storm drain, and the Midland storm drain in conjunction with their developments for a net refunable cost of $64,092. 83. An agree- ment was made for repayment to Macco Realty. Since the agreement was signed,three payments have been made, one in May, 1965 for $35,000, one in December 1968 for $2,447.75 and one in January, 1973 for $3,549.00, leaving a balance of $23,096.08 Fees in this amount have been collected from the area served and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from Drainage District 7D Fund. HEH:JWW:mc From the desk of: CONNIE BROCKWAY City Clerk's office 536-5226 RESOLUTION NO. 4497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT TO MACCO REALTY COMPANY ON REIMBURSEMENT AGREEMENT NO. 97 WHEREAS, the City Council of the City of Huntington Beach adopted a budget for fiscal year 1977-1978 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 City Administrator have recommended an expenditure, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that full payment of Twenty-Three Thousand Ninety-Six and 08/100 Dollars ($23 ,096 .08) on Reim- bursement Agreement No . 97 is hereby authorized to be made from Drainage District 7D Fund to Macco Realty Company for construction of the Meridith Drive pump station, Glen Mar storm drain and Midland storm drain. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular mee thereof held—an, the lst day of August , 1977 . ATTEST: ysG� 1 Alicia M. Wentworth Mayor City Clerk By 1, Deputy City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit)r Administrator , y A or WSA: cs 1, INITIATED AND APPROVED AS TO CONTENT: Public Works D ctor 2 . Res. No. 4497 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) sa: CITY OF HUNTINGTON BEACH ) I, 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 1st day of August , 19 77 by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None Alicia M. Wentworth The foregoing instrument is o correct copy of the original an file in this office. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Attest..---. Iz L—_--" --�----ULrLle By j City Cierk and Ex-officio Clerk of the City Deputy City Clerk Council of the City of Huntington`3each=Cal, pit ! � � nn1,41' Y a, Y i PESMUTION no. 2274 A MS7Un�LC.UTION��pOF/�V[�)THE CITY COUNCIL OF MISc:`1T89P8® l7�iit%CflAUTBORIZPM ME M&WITURE OF MOMM FROM THE DRAINAGE DISTRICT 7D FUND. f:. WHEREAS, the City Council of the City of Huntington etch has adopted a Budget for the Fiscal Year 19965-66 by i Ordinance No. 1148, and ' I - , WHEREAS, Section 5 of said Ordinance No. 1148 pro- :r video the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and M WHEREAS, the City Council hereby approves satin: I recommendation, ° BE IT THEREFORE RESOLVER that an expenditure in the i amount of Thirty-five thousand and no/100 dollars ($JS,Oca.co) is hereby authorized to be made from the Drainage District 7D ftn\d. Fund payable to 1,k3cco Realty Company for work perko�.ad. PASSED AND ADOPTED by the City 4;ouncil of the CLty of Runtington Bead-,, Cnli:cornia, ,-,his 60th day of December, _ 1965. Or / e ATTEST\ APPROVED AS TO FORK: City Attorney H 9 , f T.x� _ .— __. --ems x-.,a e k_ _'_'_' � � ✓. -��, ; t. i .. pp- A RMOLUTION OY MP CITY COUNCIL OF TO CITY OF HUNTIMTON - CH AU2'HDRT=G THE MITUM' i 02 T,ONEY YMN TM3 D=7402, DISTRICT 7D YUND. f, 1-YFdMUU, tho City Co?2hcil of the city of Huntington Beach Lw. adoptac9 ' a Budget for the Fiscal Year of 1967-68 by Ordinanco No. 1336, and UPS, Section 5 of said Ordinance No. 1336 provides tho psacoa'Ure for authorizing expenditures from the several Special Funds mentioned in ? said Section 5, and UHERFAS, the Director of Public Works and the City Administrator have recommended an expenditure, and UBEREAS, the City Council hereby approves said .recommendations, BE "T THEREFORE RESOLVED that an expenditure in the amount of Tmo Thousand Four- Hundred Forty-seven and 75/100 dollars (32,447.75) is hereby c , _ authorized to be made from the Drainage District 7D fund. Fund payable = to Macco Realty for work performed per Reimbursement Agreement No. 97. ADOPTED this 6t a day of - ' Mayor c the city of Huntington Beach i ATTEST: tt , 1 . + _ s City Clerk of the city f Huntington Beach i, TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE July 25, 1977 SUBJECT: Refund of Reimbursement Agreement No. 97 STATEMENT Transmitted herewith is a resolution authorizing full pay- ment of $23 ,096.08 to Macco Realty on Reimbursement Agreement No. 97 for construction of Master Planned storm dr4i.n facilities. RECOMMENDED ACTION Adopt resolution. ANALYSIS In 1964, Macco Realty put up the funds to finance the con- struction of the Meredith Drive pump station, Glen Mar storm lain, and the Midland storm drain in conjunction with their developments for a net refunable cost of $64 ,092.83. An agree- ment was made for repayment to Macco Realty. Since the agreement was signed,three payments have been made, one in May, 1965 for $35,000, one in December 1968 for $2,447.75 and one in January, 1973 for $3,549.00, leaving a balance of $23,096.08 Fees in this amount have been collected f =uthe area served and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from Drainage District 7D Fund. HEH:JWW:mc AA = City of Ht nfin ton each P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of .Public Works DATE July. 25 , 1977 SUBJECT: Refund of Reimbursement Agreement No. 97 ✓ STATEMENT Transmitted herewith is a resolution authorizing full pay- ment of $23 ,096 . 08 to Macco Realty on Reimbursement Agreement No. 97 for construction of Master Planned - storm drain facilities. RECOMMENDED ACTION Adopt resolution. ANALYSIS In 1964 , Macco Realty put up the funds to- finance the con- struction of the Meredith Drive pump station, Glen Mar storm dain, and the Midland storm drain in conjunction. with .their developments for a net refunable cost of -$64 ,092 . 83 . An agree- ment was made for repayment to Macco Realty. Since the agreement was signed,three payments have been made, one in May, 1965 for $35 ,000 , one in. December 196.8 for $2 ,447 . 75 and one in January, 1973 for $3 ,549. 00, leaving a balance of $23 ,096 . 08 Fees in this amount have been collected from the area served and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from Drainage District 7D Fund. HEH:JWW:mc Lljole CITY OF HUNTINGTON BEACH LO" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From A. De La Loza Director of Finance Contracts Administrator Subject Request for Payment Date June 24, 1977 RA # 97 Macco Realty The attached documents reflect the following: 1 . Agreement to reimburse Macco Realty Company dated July 8, 1964. 2. Receipt dated 6/28/76 and statement from Public Works that such funds are applicable to R.A. #97• 3. Request for payment from Public Works Director dated 4/7/77. 4. City Attorney approval "to the extent funds are available." (See Item 3 on checklist) . 5. Finance Department, Accounting Division verification of fund balance dated June 15, 1977• Accordingly, I recommend that the request for payment be approved. (Please initial on the attached checklist) . A. De La Loza Contracts Administrator AD/cg y 1 - � REIMBURSEMFNT AGREEMENT ROUTING MEMO/CHECKLIST To: Applicable Department/Division Director From: A. De La Loza Contracts Administrator Subject: Request for Payment R.A. # 7 G.S•c : DedtrLoPPAEAJT' OAM %C<- 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 ) l . Initiating Department: Public Works Pei-J #aS,12Y. O0 ✓2. Contracts Administrator: Log/Distribution / �z ✓ 3• City Attorney: Rev.i_ew and state co tions f p t / C9YC: J� G"� V 4. Finance Accounting Division: Verify revenue 5• Contracts Administrator: Compile and submit for approval 6i�� &;1+- ,� 2 6. F i na nce D i re cto r Approve FEB 18 7. Public Works Director: Draft transmittal to City Administrator/ City Council 47TORIAO d. City Administrator/ Approve .payment by 2 City Council : resolution 9. Finance Department: Make payment and log Attach comments substantiating recommendation. CITY CLERK'S S Copy REIMBURSEMENT AGE THIS AGREEMENT dated this IS511-W day of 1964, by and BETWEEN CITY OF HUNTINGTON BEACH a municipal corporation hereinafter for convenience referred to as, CITY MACCO REALTY COMPANY a corporation, hereinafter for convenience referred to as, DEVELOPER WIITNESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of the Meredith Drive Pump Station, Glen Mar Storm Drain, and Midland Lane Storm Drain, as delineated on the attached Exhibit "A" and as detailed on improvement plans all within drainage area number 7D. and, WHEREAS, Developer at his own cost and expense will construct 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 shall be in conformity to applicable chapters of the Huntington Beach Ordinance Code, and, WHEREAS, Developer will be entitled to reimbursement for the work performed, following the construction of these works, said re— imbursement to be made as agreed herein. NOW THEREFORE, in consideration of the premises and the agree— ments herein contained, the parties agree as follows: —1— ' r ` r 1. That upon completion of the work, or portions thereof herein described, by the Developer, to the full satisfaction of the Director of Public Works and on its being accepted by the City of Huntington Beach, Developer shall be entitled to reimbursement for drainage fees paid at the time of development of lands tributary to this storm drain; more specifically, but not limited to the S 1/2 of Section 5 and the N 1/2 of Section 8, T 6 S, R 10 W; drainage fees based on this area as shown on Exhibit "A", at the rate of $1,300.00/acre, 2, That the facility to be constructed by Developer in drainage area 7D for which refunds are hereby agreed to be paid is described as follows: a. "Meredith Prive Storm Drain Pump Station" b. "Glen Mar Storm Drain", Sta. 0 + 00 to Sta. 17 + 13.53 except 712 l.f. 27" R.C.P. constructed by others. C. "Midland Lane Storm Drain" 3. That the cost to Developer for construction of these facilities including 15% for engineering, inspection and contingencies is estimated to be; $213,500.00. 4. That the Developer at the request of and in the best interest of the City will construct this facility sized to City requirements, and for which the City has agreed to participate in the amount of NONE. 5. That the refund to be paid the Developer under this agreement is as follows; Estimated cost of first phase to be constructedf $213,500.00 Less: Fees payable by Developer's tracts `� v within drainage area - Tract Acres Amount 4816 27.130 $35,269.00 4883 22.622 29,408.60 4884 20.752 26,977.60 4707 46.318 60,213.40 Total of fees = 151,868.60 .Estimated net refundable .�-��1,61-1.401�) -2- 6. That the drainage fees per paragraph 1 from tracts on which tentative subdivision maps have been filed and other areas are as follows: Tract Acres Amount 5206 17.485 ii-22,730.50 5128 15.633 20022,90 5192 17.488 22,734.40 5193 23.830 30,979.00 5197 19.620 25,506.00 Schools 20 26,000.00 Commercial 24 31,200,00 Estimate of fees from others = $179,472.80 7. That refund shall be made by the Clerk of the City of Huntington Beach, upon certification by the Director of Public Works, to the Developer as the work progresses to the extent that funds are available from drainage fees collected for service by this facility. 8. If additional users participate in drainage facilities in drain— age area number 7D in -the future, the drainage fees they pay will be distributed to those indivic1»zts or entities, that have previously contributed to the cost of the drain, in proportion to the cost borne by each such individual or entity. 9. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the drainage fee. However, Ci,,y 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 tr.e drainage area; is required, as a condition to the approval of a tentative or a final map to construct drainage facilities within the drainage area, City may allow said developer credit towards the per acreage fee (;onsistent with this said agreement; City further agrees to furnish a copy of this agreement to the developer of any properties in the drainage area. —3— 10. 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 developer is obligated not only to the City but to the -developer, individuals or entities who have previously contributed to the cost of .construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it becomrs 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 there under 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. 11. It is understood that the City is not required to institute legal proceedings to protest the. interest of the developer, but may do ' so. DATED: ,1964 CITY OF HUNTINGTON BEACH A municipal corporation ATTEST: � By �? Mayor City Clerk APPROVED AS TO FO e STJ",TE CF C;;LIFC!�NIA ) CCUN TY CF ORANGE ) bb ley On JUL 8 - 1964 , .before me:, a Not(u•y Public in and f-Qrr said State,. personally appeared Donald D. Shipley, known to me _t.) be th Lu e Mayo.r9 nd Paul C. Jones, known to me to be the City Clerk of the Municipa\�,�` Corporation that executed the within instrument; known 'to me to be the persons who executed the within instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation_ executed .the within instrument. WITNESS ,my hand and .official seal, OFFICIAL SEAL SecreLar.y G + N ERNESTINA DI FABIO -. NOIARY PUBLIC ERNESTINA DI FABIO•NOTARY PUBLIC CALIfGRtJln In and for the County of Orange,State of California O yiy PRINCIPAL OrrICE. IN �.... . .r ' ' 02IfIOf MY Commission Expires June June 26, 1965 - --'-"'-- ����-- City Ball-Huntington Beach, Calif. c FORM 'of direct WITNESS hand andlofiicial seg1.;'n (Seal) _ Not6E&:ldsfof laaH Couryhand Stete. i ! i i iii2lvEY--- My cok SSIOIJ EXJ�Rc3 MAFICH 7, 19b5 - - --------_—.—� I YORKTOWt. AVE. LIMITS OF DRAINAGE AREA - 70 - r, A. GLEN MAR STQRM DRAIN w ADAMS AV ;,A Y lLl •)ti !l - �7 1 o m a re . MEREDITH -QRIVE Q. PUMP STATKN,. Q Q Q V °o J LIMITS OF DRAINAGE AREA-. 7D" CO Q _ �a co To A� o -: Date IV f I S: { PLEASE REPLY TO Signed ri ir t #r . ki Pj is I py i' ... i� i Date Signed i Redff�rm - - 45 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak150sNs14P465 PART 3 WILL BE RETURNED WITH REPLY. To A� o -: Date IV f I S: { PLEASE REPLY TO Signed ri ir t #r . ki Pj is I py i' ... i� i Date Signed i Redff�rm - - 45 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak150sNs14P465 PART 3 WILL BE RETURNED WITH REPLY. USE BALL POINT PEN ONLY-PRESS FIRMLY CASH RECEIPT • ' CITY OF HUNTINGTON BEACH I'd P.O. BOX 711 �}54 t 62F4.65 MO HUNTINGTON BEACH,CALIF%F"Wb2648' "P512I3*00 mo (714) 536-5511 S 795r4'' 75 3769*20 MD CITY TREASURER—WARRENC�N�IL4 884*6{] MD a 61DO176 37U k5 TL DEPT, ISSUINGT E RECEIVED FROM ADDF4ESS FOR AMOUNT RECEIVED CASH O CHECK Q' _.._` A,E A. 45 RECEIVED BY r 'ACCOUNT ' AMOUNT 74 y'. 4 c? n TOTAL - =�- NO. = 9SUING DEPARTMENT CITY OF HUNTINGTON BEACH INTER"DEPAR°fRlIE1VT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From H. E. Hartg.e Finance Director Dept. of Public Works Subject Drainage District -7D Date April 7, 1977 R.A. 497-GSC Dev. Corp. (Macco Realty) Attached please find the listings of revenue, expenditures and reimbursement agreements for Drainage Distr.ict .7D. - Based on this information the financial posture of 7D is as follows: Revenue to date $78,175.75 Expenditures 40, 996.75 Available Funds $37 , 179. 00 . Outstanding Balance on R.A. ' s 26,.753.80 Projected 7D Fund Balance $10,425. 20 It is, .therefore, recommended that .GSC Development .Corp. be paid out of available funds from Drainage District 7D fund. H. E. Hartge Director of Public Works HEH:JWW:jy Attach. '14 t 2% LAO CITY OF HUNTINGTON BEACH ice" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To A. De La Loza From Wayne Lee Contracts Administrator Mark Ambrozich Subject Drainage District Analvsis Date June 15, 1977 Current drainage district balances, as of 6/15/77, are as follows: District No. Balance as of 6/15/77 D-7 $ 33,857.45 7-C 15,291 .58 9 490,408.61 These balances do not include interest earned in 1977. a Q Wayne Lee Supervisory Accountant WL/cg City of Huntington Beach cr+�) P.O. BOX 190 CALIFORNIA 92648 June 30, 1977 RECEIVED OF-FT. OF PUBLIC WORKS _ 1977 G.S.C. Development 530 W. Sixth St. Ninth Floor k4u�yarros �;u�• Los Angeles, Calif. 90014 Attn: R. W. Power Assistant Secretary Re: Reimbursement Agreement No. 97 j.� Dear Mr. Power: The Finance Department's Accounting Division has advised that there are sufficient funds to pay the balance due on Reimbursement Agreement #97• The City Council will be requested to approve the expenditure at the next regular Council meeting. However, since the agreement is with Macco Realty Company, some evidence that your firm, G.S.C. Development, is the successor in interest, will be necessary for purposes of direct payment. Accordingly, it would .be appreciated if you would please furnish same at your earliest convenience. A. De La Loza Contracts 'Administrator AD/cg cc: Public Works Director Finance Director -�� City of Huntingion Beach P.O. BOX 190 CALIFORNIA 92648 June 13, 1977 G S C Development 530 W. Sixth St. Ninth Floor Los Angeles, Calif. 90014 Attn: R. W. Power Assistant Secretary Re: Reimbursement Agreement No. 97 (/1 Dear Mr. Power: This is to confirm the information that was given to you durinq our telephone con- versation of June 9, 1977• The analysis of all drainage district revenue and expenditures has been completed by our accounting division. The report was transmitted to the undersigned on June 8, 1977. The current fiscal year information was not included in the report, however, and additional time will be required to close out and make appropriate current Year adiustments. When this has been accomplished your firm will be advised of the status of your request for reimbursement. It is anticipated that this will occur not later than June 30, 1977. Assuminq that there are sufficient funds in the district you should, therefore, expect reimbursement after the City Council approves the expenditure in early July. Thank you for your cooperation and courtesy. our very truly, De La Lc Contracts Administrator AD/cq A rem Ate_ CITY OF HUNTINGTON BEACH J INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From H. E. Hartge Finance Director Dept. of Public Works Subject Drainage District 7D Date April 7 , 1977 R.A. #97-GSC Dev. Corp. (Macco Realty) Attached please find the listings of revenue, expenditures and reimbursement agreements for Drainage District 7D. Based on this information the financial posture of 7D is as follows: Revenue to date $78,175.75 Expenditures 40, 996. 75 Available Funds $37 , 179. 00 Outstanding Balance on R.A. ' s 26,753. 80 Projected 7D Fund Balance $10,425. 20 It is, therefore, recommended that GSC Development Corp. be paid out of available funds from Drainage District 7D fund. H. E. Hartge Director of Public Works HEH:JWW:jy Attach. REVENUE - 7D DATE RECEIVED FROM AMOUNT 1-31-64 Tr. 5206 $22 ,730. 50 4-17-64 Standard Oil 702. 00 9-30-64 F.V. School District 14 , 015. 25 6-21-64 Von' s Market 12 , 051. 00 12-7-72 Downey Savings 3 , 549. 00 6-28-76 Business Properties 25 ,12.8. 00 Total Fees Received $78 , 175. 75 EXPENDITURES - 7D DATE PAID TO AMOUNT 5-6-68 Macco Realty (RA #97) $ 2 , 447. 75 12-20-65 35, 000. 00 1-22-73 3, 549. 00 Total Expenditures $40,996. 75 REIMBURSEMENT AGREEMENTS-7D RA #95 - MACCO REALTY AND MEREDITH Total Construction Cost of Facilities $110 , 370. 82 Less Fees Credited for Builder ' s Tracts Within 7D Tract 5128 $20, 322. 90 Tract 5191 8, 596. 90 Tract 5192 21 , 308. 30 Tract 5193 30, 979. 00 Tract 5197 25, 506. 00 106, 713. 10 Net Refundable 3, 657 . 72 Payments to Date -0- Balance 3, 657 . 72 RA #97 - MACCO REALTY Total Construction Cost of Facilities $197 , 127. 03 Less Fees Credited for Builder' s Tracts Within 7D Tract 4816 $35, 269. 00 Tract 4883 29, 408. 60 Tract 4884 26 , 977. 60 Tract 5033 21, 810.10 Tract 4707 19 , 568. 90 133 , 034 . 20 64 ,092 . 83 Payments to Date 40 , 996. 75 Balance $ 23, 096. 08 FOE CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH H. E. Hartge To Director, Public Works rom A. De La Loza Through: F. B. Arguello, Director of Finance Contracts Administrator Subject RA # 97 11�' Date February 18, 1977 Request for Reimbursement Since the subject reimbursement agreement calls for payment "to the extent that funds are available", it is necessary to establish that there is a positive balance in District 74 Accordingly, information from your department will be necessary to accomplish this task. Please furnish at your earliest convenience a listing of all Public Works cash contracts that have been initiated within the district along with a listing of all reimbursements and other expenditures made from district funds. Additionally, a listing from the revenue cards will be necessary to determine the total revenue generated within the district since the execution of the agreement. When this information has been received, the Finance Accounting Division will proceed with the verification process. Payment will be made as soon as the Peat, Marwick and Mitchell report has been received by the City. (Presumably the report will not contain information that would prohibit payment). Note: The same format used in the Grace Properties report uld be ideal . c A. De La Loza Contracts Administrator AD/cg RECEIVED DEPT. OF Pu91...1c WORKS L 8 2 2 1977 HUNT s-mN $EACI.1. CALIF. 4 Date To /10-� i 3 DUPLICATE Signed Y` S~ . 3 7. • Date Signed R6dif�rtn t. 4S 465 SEND PARTS 1 AND 3 WITH.CARBONS INTACT. •-- Poly Pak(50 sets)0465 PART 3 WILL BE RETURNED WITH REPLY. - .Z [[, USE BALL POINT PEN ONLY—PRESS FIRMLY ' is c' CASH RECEIPT ` CITY OF HUNTINGTON BEACH ElmP.O. BOX 7„ :T:7i C �1 't F% N-1`" � A 00 HUNTINGTON BEACH,CALI R 1��J26d8 �•••(714)536-5511 45 7954 7! 3769920 1�U CITY TREASURER —WARREN GNHALLU4 1804.60 mo '1706" b T L DEPT. ISSUING / ��� '�� G`�rr/ QATE i f RECEIVED FROM ADDRESS r FOR p; AMOUNT RECEIVED t - CASH O CHECK 0' '- - � -�-"�`J..(��-'/w/'... �,•�'" + RECEIVED BY ACCOUNT AMOUNT 4 'Or i • I I I i . TOTAL I. •` SUING DEPARTMENT No. �l9���;1 GSCDevelopment D a DEPT. OF PUBLIC WORKS GSC Development Corporation AU U 3 0 1976 530 West Sixth Street Ninth Floor Los Angeles,California 90014 (213)680-2294 HUNTINGTON. BEACH. CALIF. August 25, 1976 Mr. Darril Coohon City of Huntington Beach Engineering Department P. 0. Box 190 Huntington Beach, Ca. 92648 Re: Reimbursement Agreement No. 97 Dear Mr. Coohon: According to our last correspondence from the city, a copy of which. is attached, there remains a reimbursible amount of $23,096.08 under the subject agreement. It is our understanding that refund of this remaining amount is contingent upon the development of the 17.97 acre shopping center site at the southeast corner of Adams and . Brookhurst Streets behind the Downey Savings and Loan building. We have observed that development of this property is taking place and therefore wish to request the remaining funds due us under this agreement. Please send your check to: 530 West Sixth Street, 9th floor, Los Angeles 90014, as we have closed our offices at 881 Dover Drive, Newport Beach. Very truly yours, GSC DEVELOPMENT CORPORATION (formerly Macco Realty Company) R. W. Power Assistant Secretary RWP/dr Attachment f--7 � amity of Huntington' Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 22, 1973 Macco Realty Company c/o GSC Development Corp. 881 Dover Drive Newport Beach, California 92660 Subject: Reimbursement on Agreements #90 d 97 Gentlemen: Enclosed is a check for $45,190.34 as reimbursement on the subject agreements. Drainage fees in the amount of $41,641.34 have been collected from Drainage Area .7B, which is the full balance of Agreement No. 90. The remaining $3,549.00 collected from drainage fees in Drainage Area 7D have been applied to Agreement No. 97, leaving a balance of $23,096.08. Very truly yours, .lames R. Wheeler Director of Public Works Eric•'I. Lovejoy -Division Engineer-Water Superintendent . JRW:EIL:TM:ae Encl. cc: Price, Waterhouse & Co. 30' 442" P L M ......... soot 0 0 o 000 ooe 0 00*00000*000 a 0*0 090*00*00*00** 00 es 00*000 0000000 000*0 0 00 0** 00 00 o a- I I 21" ...... 0 "AuNA TL.6L.LN 2�. .0 TRENTDN LN c TI -----— r, (4 LN • yn 36 NGE R LN CONST AT C., r N LN W: LN• 0 4 LJ 4 lv4 1-7 MANIA LN. RIVE R 4q,r WARD S 4 N DA O 4N4 ov q 4c A..! O rllF AT. ADDR. - NOTES—SEE BACK oR 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 DATE FEE NO. DATE - Drain Date Amount Dist. -t" Payee / Dep. I Paid Wi tl idrawal s. Balance y a 7 30 T6 9-�30 i q h, , %7 -7s• J / Jam' �:'/!i /7,�1 a'. 7 ,o `i �r� � :L /.� �.,) / •/� �1.: /ODDZ .ns /I� / ,s AZ 7` ✓��" o° "�a.rn -K �d tUR,A �97 - - 1 t 1 i • '__• R-REFUNOAB<a i • � .µ -..-.�-+a,.:•s _ .psi-•..-�..,'•3, .ar.:.+,..�vc.._ ...-... ._.........��:..,.•..-,_ ...•s-....,.-.:-+�.•�r.�::-::....`�,....w«..y.�.. .. _ ;iN.....�._- _•._:c�.+-• � .. c 1. SsREIMBURSEHENT AGREEMENT REVENUE DETAIL RAf �1 MD�GGo. _ �l ' 7p Beginning Date Source Date Amount Receipt Remarks 4� P3 V, �� ,�A � A 'k��, ' �� � � ((JJ 1, ,;t-o 40 � -ZIA- January 22, 1973 Macco Realty Company c/o GSC Development Corp. 881 Dover Drive Newport Beach, California 92660 Subject: Reimbursement on Agreements #90 97 Gentlemen: Enclosed is a check for $45,190.34 as reimbursement on the subject agreements. Drainage fees in the amount of $41,641.34 have been collected from Drainage Area 7B, which is the full balance of Agreement No. 90. The remaining $3,549.00 collected from drainage fees in Drainage Area 7D have been applied to Agreement No. 97, leaving a balance of $23,096.08. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer-Water Superintendent JRW:EIL:TM:ae Encl. cc: Price, Waterhouse & Co. WHITE-CITY ATTORNEY rr BLUE-CITY CLERK J' CITY OF HUNTINGTON BEACH No. GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL ',.na+rrw REQUEST. for ORDINANCE or RESOLUTION +rn Date Request made by Department 1-3-73 Tid 1AA11e111 public Works INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: RegUaat for Mpendituxe of funds fsoe Drainage Distsiet 7D of OeS44.00 payable to Matta Realty CloMpany on A&V4W*nt '10% 47 leaving a bale of 423#096*03 thereon. DraLafto fees illwm beta received ilnthis Distsic t to coves this palfteCit. Desired effective date Signed: Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: " !% City Administrator wa jj INTER-QEPARTMENT COMMUNICATION r IREl�ta7MACM To �?*. strict 7D File and Reimbursejoeut From Ted Mullen Agreements 95 and 9 SuhjeCt Accounts to Date and Future Cate December Ili, 1972 Reimbursement Payments . District 7D is all built out except for 20.7 acres co rcial property .southesst coaxer Adams and Brookhurst and of this�3,549 has ju$t come in (Downey Savings and Loan- #10002 Adams). This and any more fees should go to Macco until his balance. is approximately $3,657472 (The next $23,000.00 of reimbursement ee) thenceforth thep xsould go one-half to Macco and one-half to Merredith. TecT Mu en Sr. Civil Engineer Assistant Mel April 26, 1971 GSC Development Corporation % Nacco Corporation 881 Dover Drive J� Newport Beach, California d J Attention: K. W. Power Subject: Reimbursement Agreements Nos. 14-5, 90, d 97 Gentlemen: Reimbursement Agreement No. 145 - .Original Cost S1949092.05 Credit of Developers 'troets -$104„276.80 ( Original net refundable (per _$gvut. )Cbalance $93,815.25 L- Refund Sept., 1967, '$31,638.1l ,balance $620177.14 Refund April, 1968, $14,037.95 balance $47,539.19 Aug., '1968, credit of Fees Tr;'.6'645 $12,064..00 balance $35,475.19 Refund January, 19700 $121725.88� balan�e $21,.749.31 Refund July, 1970, $12;455. 0 balance $10,294.11 Refund of remaining balance, check enclosed ti.\r Reimbursement Agreement No. .90 `y Our balance agrees with your.accounting $41,641.34 Reimbursement Agreement No. 9T: Our balance agrees with. your accounting $26,645.08 e truly yours, Janes R. Wheeler Direr tot of Public Works Eric 1. Lovejoy Division Engineer JRWIEILtttml cct Peat, Marwick, Mitchell Co 888 North Main Street Santa Ana, California 92701 1 � f � 7`P rr S/ 9! �.G 13 g 7--r 2/1 3dg ;moo Tr s-1 q3 Z3, f3a SO,, y 7f °= te Fees �`���� 713 Pi��vv�,'„/ L�,►�;.v.c<r r �urr,� SA , 1/T JV +��� !.�U F'u.,�� St,�r:�. -s.'tc 9, .LSD �►� Z'C S',d - &4we-1,'A( Pr. �Ace,� C✓'.7/"C�,sf to'42 x© of� �•rl.• ' 13,� �5 d / �� �', �s3 4k/ f G <. K` /�rdr a 1/�'t r:lA/�a f7C6/�►d/sf w� r '7z �ZS t f 01 I Old RIERSOLEW AWMM THIS AGE' dated this day of/ ` 19640 by and BETWEEN CITY OF HMIMGTOM BRACH a municipal corporation hereinafter for convenience referred to as, CITY' MACCO REALTY COMPANX a corporation, hereinafter for oonveniencea referred to as, DEVELOPER WHEZAS, Developer has filed application with the City of Huntington Beach for construction of the Meredith Drive Pump Station, " Glen Mar Storm Drain, and Midland Lane Storm Drain, as delineated on the attached Exhibit NA" and as detailed on improvement plans all within drainage area number 7P. ry and, WHEAS, Developer at his own cost and expense will construct said work all in conformity with the plans, specifications and provisions as approved by the Director of Public Works, and, WHRRIM, construction of said work shall be -in conformity to applicable chapters of the Huntington Beach Ordinance Oode, and, WHEREAS, Developer will be entity to reimbursement for the work peerformed, foll*wing the construction of these works$ said re. imebursement to be made as agreed herein. NOW THERVORE, in consideration of the premises and the agree— meats herein contained, the parties agree as followel { ,/ i�, [ j 1. That upon completion of the work, or portions thereof herein described, by the Developer, to the full satisfaction of the Director of Public storks and on its being accepted by the City of Huntington Beach, Developer shall be entitled to reimbursement for drainage fees paid at the time of development of lands tributary to this storm drain; more specifically, but not limited to the S 1/2 of Section 5 and the H 1/2 of Section 8, T 6 S, R 10 W; drainage fees based on this area as shown on fthibit "A", at the rate of $1,300.00/acre. 2. That the facility to be constructed by Developer In drainage area 7D for which refunds are hereby agreed to be paid is described as follows: a. *Meredith Tarive Storm Drain Pump Station" b. "Glen Mar Storm Drain*, Sta. 0 + 00 to Sta. 17 + 13.53 except 712 1.f. 27" R.C.P. constr=ted by others. c. *Midland Lane Storm Drain" 3. That the cost to Developer for construction of these facilities including 15% for e11gineering, inspection and contingencies is estimated to be $213,500.00. 4. That the Developer at the request of and in the best interest of the City will construct this facility mixed to City requirements, and for which the City has agreed to .participate in the amount of DONZ. 5. That the refund to be paid the Developer under this agreement is as follows$ Estimated cost of first phase to be constructed $213,500.00 Least Pees payable by Developer's tracts within drainage area Trao 916, Z7.130 $35,269.00 3 22.622 291,408.60 4M 20.752 26,9F77.60 4707 46.318 -60,2 3 Oka Total of fees 151,868.60.if Estimated net refundable = $ 64631,40 N�N 6. That the drainage fees per paragraph 1 from tracts on which tentative subdivision maps have been filed and other areas art as follows: Tract Acteg .Amount 5206 17.485 22,730 40 5128 15.633-" 20022.90 51,92 17.488 22,734.40 5193 23.830 30 p 979.00 5197 19.620v 25,5o6.00 Schools 20 261000,00 Commereial 24 312200.00 Estimate of fees from others = $179,472.80 7. That refund shall be made by the Clerk of the City of Huntington Beach, upon certification by the Director of Public Works, to the Developer as the work progresses to the extent that funds are available from drainage fees collected for service by this facility. 8. If additional users participate in drainage facilities in drain— age area number 7n in the future, the drainage tee►a' they pay will be distributed. to those individuals or entities, that have previously contributed to the cost of the drain, in proportion to the cost borne by each such individual or entity. 9. City shall not be liable for payment of refund by rfson of its failure to collect or receive from any person or entity the drainage fee. However, City agrees from a.n administrative, 1_egislative .or quasi judicial procedure to protect the interest of Developer, either individuals or entities.. 'who have praviously,ponstrncted drainage faei'lit .es", by the collecting of';the 'drainage fees, el'ther 'pribr 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 &,final map to construct drainage facilities within the drainage area,, City may al"lov 'said developer credit towards the per acreage fee consisteDt with this said. agreement; City further agrees to furnish a copy of this agreement to the 'developer of any properties in the drainages area. —3— STATE OF CALIFORNIA COUNTY OF aa. Orange On June 12, 1964 before me, the undersigned, a Notary Public in and for said cCounty and State, personally appeared John Parker 4 O o a known to me to be the —� _President, and u c R. R. James o known to me to be the Assistant Secretary of oM $ the corporation that executed the within instrument, and known to me to be the persons who executed the within instru- CO ¢ ment on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within LL instrument pursuant to its by-laws or a resolution of its board of directo s. WITNESS and and gfficial seal. 0 (Seal) Not Public in an or said Cou y and State. J !�y .� STATE OF CALIFORNIA ) SS. Y COUNTY OF ORANGE ) =.Ai- On JUL S- 1964 before me, a Notary Public in and for said State, personally appeared Donald D. Shipley, known to me to be the Mayor, and Paul Co Jones, known to me to be the City Clerk of the Municipal Corporation that executed the within instrument, known to me to be the persons who executed the within instrument,on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation_ executed the within instrument. WITNESS my hand and official seal. OFFICIAL SEAL �r a ERNESTINA DI FABIO NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN 04. ERNESTJNA DI FABIO-NOTARY PUBUC 4 _ ORANGE COUNTY. In and for the County of Orange.State of California My.Commiamon EEPire!June 26, 1965 City Hall-Huntington Beach. Calif. 10. 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 developer is obligated not only to the City but to the developer, individuals or entities who have previously contributed to the cost of construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by the developer who has previously contributed to the cost of drainage facilities, to enforce the rights of the parties there under 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. 11. It is understood that the City is not required to institute legal proceedings to protest the interest of the developer, but may do so. DATED: ,1964 CITY OF HUNTINGTON BEACH A municipal corporation ATTEST: lay =Da'6s�LL C—D Mayor !i C ity C APPROVED A3 TO F s ss City Attorney XACC. REAL TIT-) COhIPANY By i Presid nt By { Assist nt Secretary "'PT WED F4CP, FIDTIA ___-_.______________ ------ -------------- i J _ YORKTOWN _AVE. -•'{.+ e•+t e�µ�•� a"s• ` .T.wliw'a:'hf-i�i _ n � `17�•,;,-�.,t.•., b. ,.. ��v i S ! � r.c tY .s-• _ •_ �•..tt-'::�°.�t- 1.�}j ! �•.,�._..:,�Jt+.•S'A�r � 11 ':q�¢w'a ISA _C- t tc` � �'.i� (h-�, �. :j a. ..•e:.a-. (.:.'t_-;.�,w•iS��Iz- k=• -'1::.•-:a ��. ^3' F i. tw „r t' �=a ��a'"-4.1t3�Fd.«.�Q,'r��gt,}t+ y "�45j Y-Y_ •. :�?"•_ .. :ice%: .. ,. --F� .'.Evi.- n,`.i.;.av, ,t+':,•ti_--i:.".... -_'•".;``r^;�1Ya,=.j. �'.•iY ,LIMITS OF DRAINAGE AREA — 7D r :s s ZWC ' Fir R• "f r'+ 'i�`r,:, .gyp` ✓: is�{Y;�,��j. :i•. t_,;,!�•r_ GLEN MAR STORM DRAIN W ?'a; s " N'=A;3ti'L y _ �- .t�- ti A..cr 03 `-tip'�.�?•'�•,. �{``•;' -:1 MEREDITH.• PUMP STAT �•';zA ._' LIMITS OF DRAINAGE AREA— 7D': co Q. fS' •l �,