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HomeMy WebLinkAboutMacco Realty Company and Eddy Meredith - Reimbursement Agree TOPIC _ _ - - FILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE_ Ge, •5 � � m a �i -a SZ�tp �t� "Tt �t� ` s 07 F TOPIC CITY OF H� TNTINGTON BEACH �1 v ENGINEERING DEPARTMENT a 10 Hunfinston Beach, California ���41'IMTY June 12, 1961� r' r Al) Honorable Mayor 'f �. and City Council City of duntington .Beach Huntin;_,ton Beach, Calif. subject: Contract Agreement, Macco Realty Co. , Feredith Co. and City of Huntington Beach Gentlemen: Transmitted herewith are the original and 3 copies of an agreement between Macco Realty Company, 'Phe f4eredith Company and the City of Huntington Beach regarding the construction of the Meredith Drive Pump Station and related storm drains . Per the terms of the agreement Macco will construct the pump station and storm drains to serve properties being developed by both 11"acco and 1�;e.reditli. Leredith will share in the cost of the pro- ject. It is recommended that the agreement be accepted by your Tonorable Body and that the Mayor and Clerk be instructed to executo same. Very truly yours, m aes R. 11 heeler Director of Publir. ':'orks Jt3.v 'Grans. Clerk: Please remit 3 copies of agreement to this office for distribution. REJMR.URS.EMENT 'AGREEMENT REVENUE DETAIL Beg.inning. Date Source Date, Amount- Recei: t:-1# Remarks �. .-1r-shy-..�� '•ia��; �:.�i.;a .#}._.:-� - r - _..,. _ ... � _. _. ... '� -. - _ - ADDR. NOTES—SEE BACK OR ACRES ENGR. AND INSP. W A T E R S E W E R DRAINAGE TRACT FEE DATE FEE R DATE FEE R DATE FEE NO. DATE a Drain Date Amount Dist. Payee De . Paid Witlidrawals Ba an,ce I�L.s�toL 72 730 T6 0 �.� . aL 96"ci i5c, ois C.3 i040 Z �Z�� 3. oo ea rrn s kw��! Ld 1 9,A. R—REFUNDABLE ' .....;�<.i.=:zr�•.7L'�'ST^.lac}��i. s-vr*`�±....�"r`..'y' 'r�'e"a"`'c:r-:.- w.._- _. .. .._.�..�.- ,+. -rsu-=-...�e.:.ce:.:�xy.;. -,�.c+.....�-'....-...+��.... ..,,,+—. -,_Y..__._-rr1�i ,' t , r, Tofa) ?70. 8 z GSA Ifs C A&O/N, �T- C511 I4✓, �33 T- 57q 1 0 , 013 XC (T, Va,� �41 a( f- �lq3 934 &T- IvI q-7 6eu a ) 106p, � R to ) po TlwC/s'� Tr 0. 6/.? 8 S9� 90 7"r Tr sr �3, 830 30, q 71? ...a i o4i : Fps /D�;, 71 ` /YlGrc o:'f►f t___'�'�F'krs.�� �.�'1 S . 1 /�G�a�d Gh�iirG6/ iinry /Urt� J I / /Y �1 Q/,e 3 S7; Z� ;Stwar `4,1arro�/� ,tc.;m) v 1J.z/t� c �.;� /7�(,tt�''.'� i.:,, �J9rcer�► 3, ST. 7Z ;Po Av", S.ntG Asi1' f.t! it d+rr t9 .,- s2 eh �Y��i j`� /v'CG•<GO f /�ff� �►T.J�,—w° as p l ✓ d�, p, G _S,.•u<. �L rG hi`y I7z 4 S_gtl Ole 7'ir.' / �171i /JL 11 S ie49 V,- z°t CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To District 7D File and Reimbursement From Ted Mullen Agreements 95 and 97 Subject Accounts to Date and Future Date December 11, 1972 Reimbursement Payments District 7D is all built out except for 20.7 -gyres commercial property southeast corner Adams and Brookhurst and of this 3,549 has just come in (Downey Savings and Loan- #10002 Adams). This and any more fees should go to Macco until his balance is approximately $3,657.72 (The next $23,000.00 of reimbursement made) thenceforth they sould go one-half to Macco and one-half to Merredith. Te Mu en Sr. Civil Engineer Assistant TM:e1 '§ 4 OFFICE MEMORANDUM To /Ji" .7, Date From � In Re AeA"1/5fYl T ,r- 7e rG, i t �i u CITY OF HUNTINGTON BEACH ENGINEERING .DEPARTMENT u. Huntington Beach, California 1 �01p June 12, 1964 i Honorable Mayor rrf J# and City Council. City of Huntington Beach Huntington Beach, Calif. Subject: Contract Agreement, Macco Realty Co. , Meredith Co. and City of Huntington Beach Gentlemen: Transmitted herewith are the o-riginal and 3 copies of an agreement between Macco Realty Company, The Meredith Company and the .City of Huntington Beach regarding the construction 'of the Meredith Drive Pump Station and related storm drains . Per the terms of- the agreemq'r�t Masco will construct the pump station and storm drains to serve properties being developed by both Macco and Meredith. Meredith' will share in ttie cost of the pro- ject. It is recommended that the agreement be accepted by your Honorable Body and that, the Mayor and Clerk be instructed to execute same. • a Very truiy yours, .ay ames R. Wheeler Director of Public Works JRW: H:a Trans. Clerk: Please remit 3 copie , of agreement to this office for distribution. it � , ' _•• .�_ THIS C ,' rRACT d entered into this2 . >; day of and 4 H Ham } 5 it 'p..: _v-.-- +fTTY O HMINGTDN BEACH, 611nlcipal corporation, hero>n- ri rµ # referred to as, CITY AND - 9 " `• REALTY CtMPA , a ` 20 ; ration, hereinafter for :,f4 W�� :-1 nvvsn!once referred to as MACCO 13 { 1: ' w,-L . ;.-MEBEDITH, hereinafter for d. i once ref erred .to as MEREDITH 161 WITH `;` `,"TH: �L 17 I WHER S, in proper development of g � .. p e: e� 28 , drai a area 7D delineated c � wattached plan, Exhibit A , 19 1 the City must provide drainag ;._�h r els and pump stations; and 20 1AMEAS, an a `_study vas made by the Departmeff. 211 . ; of Public Works of the site = it was determined that one 22 � pump station on Lot 83, Tract: l�- indicated on Exhibit "XI 23Lg . 24 � would serve this drainage area"' his pump station to be known 251 as "Meredith Drive Pump Statip "; aid 26 16;HO AS , three wfa m` drains:nu st be buil-t- in this i 27 area as indicated on Exhibit 'Rd" at_ d named Glen mar Storm Drain, 28 Meredith Drive Storm Drain ands-� .di�aead Lane Start Drain; and 291 � W"HFR EAS, Macc©' and Kered1th are preparing 301,31 ;i developments within this drainnage area. i 321, � 'f i i 1 1 !� i� NOW, THEREFORE, the parties .hereinabovn described agree as follcos s • 41j g 1 . The estimated cost of� tt�e drainage project in area ✓ v 5 ?D, Heredi th Drive"Fps Statism, Olin Mar Storm Vain, Midland 6 Lane Meredith Drive Stores Dsrsi.n inclusive of 251" engineering 7 i and contingencies is $331 ,330.00 . The drainage arcs.. z-om rises 8 I 254 acres thereby establishing-a- ger acre drainage fee of $1: 0 .01' 101 2. The csti*sted .cost of construction of- the Meredith 91 11 , Drive Pump Station with one pumping unit, Midland Lane Storm Drs5 12 ) and Glen. Mar Storm Drain inclusive of 15% engineoring and 13 ! contingencies 14L $2130500.00. I 14 I 3. The estimated cast of.`:construction of a stat-3 o . i .. FOP 15 4 1 to serve Macao. property only and..;Glen Mar StormDrain inclusive F 16 ; of 15% engineering and contingencies is,-$181,870.00. 17 - 4. Meredith agrees to grant to City n18 �essasy easements 191 for the construction of the MetRdith Drive Rump Station and 20 Midland Lane Storm Drain. i 21 5. Mecco afire®a to :fit;; the contract for the construction 221 23 � of the Meredith Drive Pump Stat ics"and Midland Lane Storm Drain. :. : . . . ..a 241 6. The City will check plans, bids and invoice&, and 251 make inspection of slid projects. i 26 j ' . The land designated far, - the. p� si te, Lot 83, Tract j 27 1 5193, see attached Exhibit "A'' , is 'within the properties of j - 28 ' Meredith. The value of said Iot w.11.1 be as established by F.H-A. '� 29 certificate of reasonable value or a sis►ilar method. The time 30 of establishing said value to be on. or- -Wora the time -3f i 31 32 completion of said pump statf oft� `- -Jbe value of said lot will bib off-set against drainage f eels;-'"eL ied [by the City to M. eredi th a n. the present and future development'Vit:hVn this drainage area.. i i IIi 4 `j Assistant sacretaTy 5 '� 6 !? �v y Meredl.tn 9 + STATE OF CALIFORNIA as: s - � COUNTY OF 2�9 �' •` 10 ti on-_ June 25, 1964 before me, the undersigned, a Notary Public in and for V 11 a said State, personally appeared r Eddy Meredith 12 13 fi known to me to be.the person whose name 14 ' �#• ro subscribed to the within instrument and acknowledged ,to me +•..[[�. Doris R. Killingbeek 15 Ii he f Notary Pu51ic - Ca(iforn(- that executea:the wine. II \ PRINCIPAL OFFICE IN 6 WITNES my.hend and ofFic r�. ' ORANCE COUNTY 16 a e _ My Commission expires 144arch 4, 1966 17 5 Signature ' ; Doris~ R. Lillingbeck .18 Name(Typed or Printed) (This area for official notarial seal) 19 TO 44n C 2 0 'Corp,.rarion) O t ,A'1'),' OF' CALIFORNIA 21 . 22 ` June 25, 1-961a — ------- Ile fore Inc, r)te imdersigncd. a Notary Public in and fur said `+laic. per:-onal!} apprarc,j `John Parker 23 . W kf,own to me to be tfl, ---- f'tecidint, and _ R. James n to me to lu• t c; istant _. _ Secretary of the corporation that executed the within instrument, 24 W �: :, I' }, Il;r I+.•rs.•ns who rxecuU:d the :within 1na,,;,• .. ":,If .If the .:orporation therein nann•d. and a ark,,.,,.1 25 < c i,;e1=n,II e n y„ration i•xw uted the within . t „__•, ca I - ..:�t l• ' - (., lay+= :n' a re<olutiim of it; bncirrl" 26 1S? 1 u .. ial seal. 27 71 28 — Via?, .,ed ,u-� 1t tJf�; i 29 fThis area far official notarial real) 30 ( 31 fi 32 ....,ten,••.._ i Meredith ceaL to cony said 1: �1 e :mod ricrct: c: :� fV 2 .1 City at a time of recordation to ue;'1%,-'7tract . 3 i 8 . Meredith agrees to �4-itmur�� Macco �r� the co>�t o� 41 construction of said Pump StatiO4�.' d�' idland Lcans e Sitar,. Drain on 5 , the following basis: 61 (a) 15% on the contract-i-ab`including engineering costs 7 ! of said pump astati _ n storm drain. �,�.. 8 tb) Actual ex ineeririi Y ;, ':: >incurrcad by Meredith on the 91 design of, said st 'd:csr+ and storm drain small be considered part ofFa='AleiiW- th' s reimbursement to Macco 10 as provi�ed in subh (a) above. 11 . (c) Time for paymentreimbursement by Meredith 12 i to Macco will be a '"tif acceptance of said _. r. mme o pump station and .at = stain by .the City. 131 ;=' It is mutuallyagreed '_. ,'t3his contract shall extend tc 14 � -��� .�t.. 15 i and be binding upon the successo assigns of the respective 16 , parties hereto. - 17 I!I If any ter , covenant .tion or provision of this 18 I •. � R •p'^ey_ Agreement is held by a court of=+ *tent jurisdiction to be 19I invalid, void or unenforceable a eaminder' of the provisions ,.k •20 _ hereof' shall .remain in full fo ' ' t : effect and shall in no wary 211 221 be effected, impaired or inval- :; eof .. t y::�, 23 IN WITNESS WHEREOF$ that ity:-: has caused its corporate 24 I name and seal to he hereunto anneal ":by its Mayor and attested MACCO REALTY CO. and '`EREOITH '• ST,;TE OF CALIFCFNIA ) CCUNTY OF ORANGE ) SS` ve yri ttGn . On JUL 8 - 1964 , before me, a Notary Public in .and for said State, personally appeared Donald D. Shipley, known. tb,,'me to be the Mayors ' I and Paul C. Jones, known to me to be the City Clerk:-of: tfe 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 seat. I OFFICIAL SEAL- r ERNESTINA DI FABIO ? r► NOTARY PUBLIC • CALIFORNIA' M E.STINA DI FABIO•NOTARY PUBLIC r' PRINCIPAL OFFICE M _.......__- r.4....-' �.ii and for the Countv of Otangr.,State of Calitotaia ORANGE COUNTY ; --- - bb C.ommi-ion Fxpitex June 26. 1465 i Hall-Huntington teach, Calif. 1 i f i � E t CONTRACT � h 1I THIS- CONTRACT made and entered into this 2 - day of �� �_��-�:_.._..._..� � 1964, .by and 3 41 BETWEEN I 51 1CT` Y Or WJKTINGTOH SEACH, 6 a municipal ccrpor,ati.on, herein- after referred to as. 7 CITYk 8I 9 AND MACCO RXALTY CC"ARY, a 101 corporatton, hearei not ter for. convenience referred d to as ACCO 12 13I WDY MZR,W,M, hereinafter for i convenience ref*rr to as 14 MEREDITH 15 1 16 171 WHEY AS, in order for the proper development of i 18 drainage area 7D delineated on the attached plan, Exhibit "A,' , 191 the City must provide drainage channels And pump stations; and I 20 WHEP,W, an economic study was made by the Department ` 21 i of Public Works of tl site wherein it was determined that one 22 23 pump station on Lot 83, Tract 5193, as indicated can Exhibit "A" 24 would serve this, drainage area, this p• aip„ station to be known 25 as "Meredith Drive, rump Stati6n" y and, 26 VREREAS , three storm drams t*st- be, built,An this � i 27 area as indicated on fthi;b:it ",V and n 4 talon"`,M�r, Storm Drain,- � 28 Meredith Drive Storm Drain and Midland i ane ator train; and 29 WHFIRHAS, Macco ;and Meredith are preparing f 30 31 developments within this drainage :area.. I 32 �ow • c /V0114fSE-7le- I 1 i I 11 � j� NOW, THEREFORE, the parties hereinabove described 2 3 agree as follows: 41 1 . The estimated cost of the drainage project in area 5 7D, Mereri�.th Drive Pump Station, Glen Isar Storm Drain, Midland I 61 Lane, Meredith Drive Storm Drain inclusive of 25 engineering 71 and contingencies is $331 ,330.00. The drainage area compT i ses � 81 9 254 acres thereby establishing a. per acre drainage fee of $13k.4.00. j 10 2. The estimated cost of construction of the Meredith 11 � Drive Pump Station with one pumping unit, Midland Lane Storm Drain 121 and C1eai Mar Storm drain inclusive of 1.5% engineering and 13i contingencies is $213,500.00 . 14 ( 3. The estimated cost of construction of a pump station 15 to serve M. acco property only and Glen Mar ,Storm Drain. inclusive 16 171 of 15% engineering and contingencies is $181,870.00. 18 4. Meredith agrees to grant to City necessary easements 19 for the construction of the Meredith Drive Pump Station and 20 Midland Lane Storm Brain. 21 5. Macco agrees to let the contract for the construction 22 � of the Meredith Drive Pump Station and Midland Lane Storm Drain.. 23 241 fi. The City will check plans, bids and invoices, and 25I make inspection of said projects. I 26 7. The land designated for the pump site, Lot 83, Tract 27 5193, see attached Exhibit "A", is within the properties of 28 Meredith. The value of said lest will be as established by F.H.A."s 29 certificate of reasonable value or a. similar method. The time 30 of establishing, said valise to be on or before the time of 31 32 completion of said pump station. The v#*lue of said lot will be off-set against drainage fees assessed by the City to Meredith on the present and future development with4'n this drainage area.. i . 2 I r II I j 11 Meredith agrees to convey said Lot 83 by dedication in fee tea 2 City at a time of recordation to said tract. f 3 S. Meredith agrees to reimburse Macco for the cast of 4 construction of said Pump, Station aT4 Midland Lane Storm Drain an 5 the following basis; 6 7 (a) 15% on the-contra:ct cost including eengineaering casts of said pump station and atop drain. 8 (b) Actual angineering costa incurred by Meredith on the 9 + design, 4f said pump station: and storm drain shall be considered part of Meresdith's. rai,mhurseeme nt to Macdo 10 , as provi ed in subparagraph (a) above. 11 ! (c) Tune. for payment of this reimbursement by Meredith 12 to Mac+co will be at the time of acceptance of said pump station wW storm drain by the City. 13 14 It is mutually agreed that this contract ,shall extend to 15 and be binding upon the successors and assigns of the respective 16 parties hereto. 17 If any term, covenant. condition or provision of 'thus 18 Agreement is held by a court of competent jurisdictic n to be 19. invalid, void or unenforceable, the reaaminder of the provisions 20 21 hereof shall r+esnain in full Force: and effect and ' shall in no way 22 be affected, impaired or invalidated thereof. 23 IN WITNESS 'W'F#=F, the City has caused Its corporate 24 name and seal to be, ,bgrounto annexed by its Mayer 'and attested 25 MACCO REALTY CO. and by its City Cleric 't ereto duly authorized .,sand EDDY MEREDITH 26 has set its hand and ear in' this agreement first above written. 27 •----- �� ��rc� CITY t ETC 14:BUCM. 28 �s1 -'�, }-- .� _ 1�__-- a municipal carposati+an', 29 _ y 30 t ---- May, 31 ATTEST: "177 CITE' 32 ,1 K .i - MA{C,0 LT Y C7 City Clem; 7, J I l rL- WiesIdent 1 1 If 4 I 2 ! r 41 Assistant SeCret&lty 71 —.-Y dy Meredith 81 9 $ 10 11 �. 12 13 � 141 15 I 16 17 18 19 20 i 21 22 I 23 24 ' 25 rJr-- . 26 27 28 29 30 31 a .r-)VZI) F4, 32 I STATE OF CALIFORNIA as. C COUNTY OF ORANGE )) a c On June 25,` 1964 before me, the undersigned, a Notary Public in and for U i m said State, personally appeared Eddy Meredith 10 E Q C LL m known to me to be the person whose name is subscribed to the within instrument and acknowledged to me Doris R. Killingbeck o that he executed the same. c,+ Notary Puhlic • Californi- 7 - )+ PRINCIPAL OFFICE IN WITNES my hand and offic seal. ' s ORANGE COUNTY g " f E ! U° Signature MY Commission expires March 4, 1966 S' Doris R. Rillingbeck Name(Typed or Printed) (This area for official notarial seal) ( O (Corprp orr ation) � t (STATE OF CALIFORNIA l %COUNTY OF Orange } SS. j June 25, 1961t 11 On before me, the undersigned, a Notary Public in and for said State, personally appeared John Parker w known to me to be the ———— President, and • R• James w known to me to be Assistant Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within J instrument.on behalf of the corporation therein named, and a acknowledged to,me`fhat such corporation executed the within N instrument pursuant to its by-laws or a resolution of its board of directors. ,,7 ITNESS my band and-,official seal. o Signature r,'AR .R DAY Mir ®FJIMI� 3 ;:;i 1^gg MA IIIAM 92 VdAe ame (-Typed or rioted) (This area for official notarial seal) ' STATE OF CALIFORNIA ) Z COUNTY OF ORANGE ) SS; On J U L 8 - 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 C. 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 - � ERNESTINA DI FABIO ' NOTARY PUBLIC - CALIFORNIA ERNESTNA DI FABIO-NOTARY PUBLIC PRINCIPAL OFFICE IN ra and for the County of Orange.State of California ORANGE COUNTY 1' W Commission Expires June 26, 1965 Giar Hall-Huntington Beach, Calif.