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QF1iGtNAL COPY
f�lr Master Fite REIM URSElENT AGREEMENT
MUST 'BE RETURNED Drainage Area 9
in: !CITY CLERK
2 !I THIS AGREEMENT entered by and between the CITY OF HUNTINGTON BEACH,
it
3 I; a municipal corporation, hereinafter referred to as CITY, and PERPETUAL
I.
4 f; SAVINGS AIM LOAN COMPANY, 9720 Wilshire Boulevard, Beverly Hills,
California 90212, hereinafter referred to as DEVELOPER:
t; II
7 !1 WI TNESSETH:
i1
WHEREAS, DEVELOPER has filed a tentative map for the development
8
of real property located within the CITY and more particularly described
9 (;
10 �
on DEVELOPEROS tentative tract map 5518 and has installed certain offsite
11 improvements, to-wit: a portion of a major storm drain facility adjacent
to said tract, at his own cost and expense and in conformity to plans and
12
specifications approved by the Director of Public Works of CITY, and
13
applicable provisions of the Huntington Beach Ordinance Code.
14
Said offsite stoma drain facility will benefit other properties
15
within Drainage Area #9 as well as the properties of DEVELOPER., and
16
DEVELOPER has dedicated said atom drain facility to CITY for public use.
17
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
18
contained, CITY and DEVELOPER do hereby mutually agree as follows,:
19
1. CITY hereby agrees to reimburse DEVELOPER any monies collected
20
within a ten year period from the date of execution of this agreement by
21
22 CITY from any'person, firm, corporation or association, their successor
i or assigns, developing, dividing or subdividing any property within
23
Drainage Area #9, shown on the reap attached hereto and made a part of
24
25 this agreement, which is benefitted by the installation of said offsite
drainage facility constructed by DEVELOPER, provided said monies shall
26
27 not exceed $37,459.' 19. Should Developers not have been reimbursed the
28 full $37,459.19 within said ten year period, DEVELOPER may, at its option,
1
29 E' extend the term in which to be reimbursed for an additional period of ten
30 Years. Should DEVELOPER desire such extension, it shall so notify CITY
31
No. 68-D1
32
4 .
of its. election to extend by mailing a written notice to CITY, postage
l prepaid, not more than ten (10) days prior to the expiration of this
{
3 !; agreement.
4
No interest shell be paid. Said monies shall be collected at the time
the other property is being developed, divided or subdivided tit the rate
6 11 of 31,650.00 per acre.
7 ' 2. If another person or builder,- at the request, or upon approval
8 :i of the CITY constructs �,.dditional drainage facilities within said Drainage
9 Area #9, the cost of said construction may be credited toward the Acreage
f
10 fee to be collected from said person or builder and DEVELOPER may be reim-
11 burled only that amount, if any, collected by the CITY over and above the
12 i
coats of the construction of said additional drainage facilities. In the
13 event n reimbursement agreement for Area #9 is in effect at the time this
�i
14 j� .agreement is executed, all funds payable under that prior agreement shall
15 +; be paid by CITY.before any funds may be paid to DEVELAPER pursuant to this
16 �1 agreement. One such agreement is in effect as of this date between the
17 �I CITY and Dutch Haven-Homes, Inc. dated August 21, 1964:
18 3. CITY may at its. -Option enter into an agreement with any builder
19 within Drainage Area #9 that said bul.der will pay to CITY his pro-rata share
20 of the coats of the offsite drainage facilities constructed by DEVELOPER
21 referred to in this Agreement, and either CITY or DEVEWPER mny institute
22 legal proceedings to enforce said agreement.
23 4. In the event CITY constructs additional drainage facilities within
24 I Dr�.4nage Aree #9, CITY may use a portion of all drainage fees collected
28 within Drainage Area #9 not already paid out, prior to the fulfilling of
26 this agreement. Said portion shall not exceed 40 percent of said fees
27 collected.
28 l
29
�I 'S
30 �1
31
32
1�
JFW
f
1 Dated
I PERP UA� SAVINGS AND LOAN ASSOCIATION
President
4 X ct/ Secretary
Ij• Developer
5
6
CITY OF MWINGTON BFACH,
7 a municipal corporation
I
9 �+ BY
-Mayor
10
I� ATTEST:
ii
12 11'
I �` �-2 t! a-vc�•--�
13 + ..._ City Cl
(j
14 1
15 !I� &Tli,TE-OF CALIFO14IIA )
II 141INTY OF ORANGE ) . ss
16
11 On this -day of �-� �, 19 s, beforb me, a Notary
17 i Public in and for said C and State, personally appeared ,
�Itt' , known to me to be the Mayor, and
18 , known to me to be the City Clerk of
the City of Hunt on Beach., a municipal corporation, the corporation
19 that executed the within instrument and acknowledged to ate that they
executed said, instrument on behalf of such municipal corporation.
20
OFFICIAL SEAL
21 ERH2St1WA DI PABI
NOTAR7 FUG;C CALIFORNIA
22 PRIK.T.11 OFFICE IN _
ORANGE COUNTY Notary Public
23 -
IC
c tdmia
gyration)
t
OF CALIFORNIA )
} SS.
Cy OF Los Angeles ) tderlsi�ed,
May 24 1968 appeared
Y before me, the undersigned, a Notary Public in and for said lrson- Whose
)ersonally appeared H. D. Jameson to me that
to me to lie the President, and E. A• Poe ,
to me to be Secretary of the corporation that executed the within Instrument,
to me to he the persons who executed the within
cnt on behalf of the corporation therein named, and
edged to me that such corporation executed the within
ant pursuant to its by-laws or a resolution of its board e �
inrs. OFFICIAL SEAL
5S my ha and official seal. ' , KATHARINE M. MATCHAN I
"34 NOTARY PUBLIC•CALIFORNIA
-�• - '� - � - PRIUCIPAL OFFICE IN
ON ANGELES COUNTY 1 ,
�, ... ............................«..n
-CoinfiiSSion Expires July 24,1970
Name (Typed or Printed)
(This area for official notarlat.seal)
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Idill1w 64119
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YY✓- Y� (/ r Cil/ VYfil/ LS ����/�r�pn.�l� nlj/ /«//�
1
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t /�adi�y �d.�,�. GPia�f Dfuf Cit 7e au�s
1 I
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE
OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND.
WHEREAS, the City Council of the city of Huntington 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 an expenditure, and
WHEREAS, the City Council hereby approves said recommendations,
BE IT THEREFORE RESOLVED that an expenditure in the amount of
�.• Fourty three. thousand, five hundred sixty three and 72/100 dollars
($43,563.72) is hereby authorized to be made from the Drainage District
7G fund. Fund payable as follows: $18,563.72 to Kaufman and Broad for
full balance of Agreement No. 70-D5 and $25,000.00 transferred to the
Sewer Fund as partial repaymant of loan for Hamilton Pump Station.
PASSED AND ADOPTED this day of , 1971.
Mayor
ATTEST:
City Clerk
�r
SHELTER DIVISION 3163 RED HILL AVENUE, P.O. BOX 1028, COSTA MESA, CALIFORNIA 92627 (714) 540-9710
March 9, 1971
Public Works Department
City of Huntington Beach
P.O. Box 190
Huntington Beach, California 92648
Reference: Reimbursement Agreement 68-D-1
Attention: Ted Mullen
Gentlemen:
On this date, I received a telephone call from Mr. M. D.
Jameson, president of Perpetual Savings and Loan Association
regarding your letter of March 8, 1971 requesting the
assignment of the referenced agreement to Wm. Lyon
Development Co. Inc. He stated that he would assign the
agreement to us upon our final land payment which will
occur in April.
I am having our attorney draw up a standard form of
assignment that we will have executed in triplicate by
Perpetual in order that you may have an original for
your files.
If you have any questions on this, please call.
Yours truly,
WM. LYON DEVELOPMENT CO. INC.
Alton Fowler
Vice President Engineering
AF:br
An American-Standard Company
ASSIGNMENT
FOR VALUE RECEIVED the undersigned, Perpetual Savings and Loan
Company, hereby assigns, transfers, and sets over to Wm. Lyon Development
Co. , Inc. , a Delaware corporation, all rights, title and interest in that
certain contract titled Reimbursement Agreement entered into between the
City of Huntington Beach and the undersigned and commonly referred to in
the records of the City of Huntington Beach as Reimbursement Agreement
68-Di , including any refunds due "Developer" as provided therein v:hether
accruing before or after date of this assignment.
MAY
Dated: XIWM 6 , 1971 XBy
AN COMPANY
- _ President
ACKNOWLEDGMENT
(Corporation)
STATE OF CALIFORNIA )
ss.
COUNTY OF Los Angeles )
On May 6, 1971 before me, the undersigned, a Notary
Public in and for said State, personally appeared J. GORDON BETZ
known to me to be the Executive Vice President
of the corporation that executed the within Instrument, known to me to be
the person who executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
within Instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand a d official seal . R_zm
FFICIAL. SEAL,
RINE M. MATCHAN
Y PUBLIC•CALIFCPNIASignat4t ANGELES COUNTYission Expires July 24,1974
9720 Wilshire Blvd., Beverly Hills, Calif. 90212
(Notarial Seal )
+z 0 V we.4
SHELTER DIVISION 3163 RED HILL AVENUE, P.O. BOX 1028, COSTA MESA, CALIFORNIA 92627 (714) 540-9710
May 12, 1971
City of Huntington Beach
Dept. of Public Works
P.O. Box 190
Huntington Beach, California
Attention: Ted Mullin
Re: Tract 5518
Storm Drain Reimbursement
Gentlemen:
Attached find a copy of the executed Assignment of interest in
the Reimbursement Agreement 65-D1 from Perpetual Savings & Loan
to the Wm. Lyon Development Co. , Inc.
Very truly yours,
WM. LYON DEVELOPMENT C INC.
eonard F. odman
Manager of Engineering
LFG/sg
Attachment
An American-Standard Company
ASSIGNMENT
FOR VALUE RECEIVED the. undersigned, Perpetual Savings and Loan
Company, hereby assigns, transfers, and sets over to Wm. Lyon Development
Co. , Inc. , a Delaware corporation, all rights, title and interest in that
certain contract titled Reimbursement Agreement entered into between the
City of Huntington Beach and the undersigned and commonly referred to in
the records. -of .the C.i-ty-.of._-Hunting.ton_..Be.ach_-as Rea.mbu.rsement Agreement
68-D1 , including any refunds due "Developer" as provided therein whether
accruing before or after date of this assignment.
MAY
Dated; Mu K 6 , 1971 PERPETUA SAVINGS AND LOAN C014PANY
y
(Seal )
its Exec ive "'i'ice President
ACKNOWLEDG14ENT
(Corporation)
STATE OF CALIFORNIA )
ss.
COUNTY OF Los Angeles )
On May 6, 1971 before me, the undersigned, a Notary
Public in and for said State, personally appeared J. GORDON BETZ
known to me to be the Executive Vice President
of the corporation that executed the within Instrument, known to me to be
the person �.ho executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
within Instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal . orrict:a[. SEAL
KATHARINE M. MATCHAN
NOTARY PU9UC-CALIMPNIA
�.
Si-gnai'ire _ LC5 AN:ELES COUNTY
y / hlyCor;uni surCxpiresJuly24,1974
9726 Wilshue Blvd., Beverly Flills, C31d. 90212
(Notarial Seal )
March 8, 1971
Perpetual Savings & Loan Association
9720 Wilshire Boulevard
Beverly Hills, California 90212
Attention: Mr. Paul M. Clark, Jr.
Subject: Reimbursement Agreement 68-Dl
Gentlemen:
Per the letter from tam. Lyon Development Company (copy
® enclosed), a request i' 'made for accounting of drainage fees
and the rdhbursement status of Agreement No. 68-D1.
It is apparent that Wm. Lyon Company feels that reim-
bursement under this agreement. would 'go to thew, but in order
to keep our records straight please send us a copy of the
assignment of this agreement executed by your company in
favor of Um. Lyon Development Company.
Very truly yours,
Janes R. Wheeler
Director of Public Works
Erik 1. Lovejoy
Division Engineer
JRW:EIL:TM:ae
Encl.
cc: Wm. Lyon development Co.
Attn: Jack Fowler
C
CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590
February 11, 1971
Mr. James Wheeler
Director of Public Works
City of Huntington Beach
P. O. Box 190
Huntington Beach, California
Re: Reimbursement Agreement 68-Dl
Drainage Area #9
Tract 5518
Gentlemen:
Wm. Lyon Development Co. , Inc. , having purchased the land, engineering,
improvements, rights and benefits to the parcel of land recorded as tract.
5518 from Perpetual Savings & Loan Association of 9720 Wilshire Blvd. ,
Beverly Hills, California, requests an accounting of any accumulated fees
in Drainage Area #9. In order to reduce the outstanding balance of
$37, 459. 19 on the referenced agreement, we would appreciate your for-
warding all accumulated fees that we are eligible for at this time.
Yours truly,
WM. LYON DEVELOPMENT CO. , INC.
B y �-
-Alton Fowler
AF:df
An American-Standard Company
Discussion followed-at which time the City Attorney informed the
Council that -separt consideration should be , ren to the Tentative
Tract Map and the d.se Variance .
Further discussion was held on R1-PD5 zoning and similarity. of this
tract to the type of area the R1-PD5 Ordinance Code section referred
to. The Planning Director stated that he felt that this particular
piece of land was not different than other land in the area.
Mr. Richard Bigler, park architect, addressed the Council and stated
that this site would be a most ideal location for a central City Park.
On motion by Coen, Council overruled the decision of the Planning
Commission and granted Use Variance No. 67-38, and approved Tentative
Tract Map No. 5518 subject to conditions as set forth at this meeting.
Motion carried.
Following discussion on motion by Green; the ,,previous was deleted
and set for reconsideration. Motion carried.
On motion by Green, Council overruled the decision of the Planning
Commission and granted UV 67-38 and approved Tentative Tract Map
No. 5518, with park, recreation and drainage fees waived, subject to
the following conditions .
Conditions on the Tentative Tract Map 5518:
1. The Tentative Map received July 5, 1967, shall be the approved
layout
2. Approval of this Tentative Map shall be null and void unless
Use Variance No. 67-38 is approved by the City Council.
3 . All utilities shall be installed underground.
4. The tract shall be approved for construction of single family
homes only.
5. A petition for rezoning to R1 shall be filed prior to acceptance
of the final map by the City Council.
6 . Lot No. 107 shall not be permitted as a legal building site.
7. parcel "A" and Lot� 106 shall be enclosed with. a 6 foot high fence
wherever possible. Said fence shall comply with all applicable
provisions of Section 5551 of the Huntington Beach Ordinance
Code - Standing Water.
8. All "Standard Conditions of Approval" for- tentative tracts that
are applicable shall be complied with.
9. That a standard reimbursement agreement will be negotiated covering
drainage structure costs , which must be acceptable to the City f
Council.
1
i
4
2
F 715.1
Ya
M. DrrS
!r/fnGy1 T y6,% 9idE us a n
r
RESOLUTION NO. - '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE
OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND.
WHEREAS, the City Council of the city of ,.Huntington Beach has
adopted a budget for the Fiscal Year 1970-7..1 by. Ordinance No. 1585,
and
WHEREAS, Section 5 of said Ordinance No. 1585 provides the
f;
procedure for authorizing expenditures from the several Special Funds
mentioned in said Section 5, ands
WHEREAS, the Director of Public Works and the City Administrator
have recommended an expenditure, and
WHEREAS, the City Council hereby approves said recommendations,
BE IT THEREFORE RESOLVED that an expenditure in the amount of
�• Fourty three. thousand,ffive hundred sixty three and 72/100 dollars
($43,563.72) is hereby authorized to be made from the Drainage District
b
In
f
7G fund. Fund payable as follows: $18,563.72 to Kaufman and Broad for
4
G
full balance of Agreement No. 70-D5 and $25,000.00 transferred to the
Sewer Fund as partial repaymant of loan for Hamilton Pump Station.
PASSED AND ADOPTED this day of , 1971.
Mayor
ATTEST: j
City Clerk
March 69 l g
Perpetual Savings and 'loan Company
9720 Wilshire Boulevard
Beverly Hills, California 9b212
Attention: Mr. Paul M. Clark, Jr+
f Subject: Runtington Lake
Drainage District #9
,--� Dear Sir:
(� The cost which you imurred,, in conjunction with the sub-
ject project, have been reviewed by this office.
Attached is a copy of y r expense outline and Calloway's
letter stating the engineering cost.
71) The first four item listed an your outline do not appear
L" applicable for reimbursement. The City permit and plan check
fees were for the ggrading permit. This fee applies to all
f property doing grad and is based on the yards of dirt moved.
i There were not CI cr es for checking the storm dram plan
or reviewing any cif th<a aformatide rich you or your engineer
submitted regarding the drainage facilities. The pumping
charge was to drain e. portion of your property to gaded
for davrelop%e�nt. The water was payed into the lake t did—
not applyto the construetion of the ultimate drainage facil-
ities. e charge by Post Brothers of $876.00 is not clear
with respect to the work accomplished. However, according to
the dates the work occurred approximately four months prior
to Fameo starting the storm drain. Also, there was not any
excavation work subject to reianbuxsemient incept that done n
conjunction with the Storm drain InAtallotion. Therefore,
none of the first four itaes are acceptable' as a reimbursabiiF
coot,,,z since they are not directly applicable to the construc-
tion of the ultimate aotm drain facilities.
There are only adnor questions with respect to the remain=
ing items which you listed.. With these deletions the construc-
tion cost would 6 revised to $31,963.42.
Perpetual Savings and Loan Company
March 6, 1968
Page 2
The above changes would effect the engineering cost for
the facility as Atated in item. 0 of Mr. Galloway's letter.
That amount should be $1 598.17. The other cost stated by
Mr. Galloway are acceptatle provided we can obtain certain
information from him -as outlined in a recent letter to this
office.
To summerize the total cost to be used for the purpose
of the reimbursement agreement should, be as follows:
i
Construction $31,963.42
Engineering 5,496. 17
Total $379 459.-59"
If there are any questions, please contact this office.
Very truly yours ,
James R. Wheeler
( 1 j Director of Public Works
I �i -
John K. Mandrell
Division Engineer
JRW:JKM:ns r
enclos.
L�
'�' FFICE MEMORANDU
To Doyle Miller+ Ci`y Adrtiaistrater Date FobnA=7 5. 1963
From Director of Public Works In Re Rmtington Fake Nesting ,
In brief force,, the following is the opinion of the offer of Perpetual
cad the acceptance by the City of the HuntingtonL�Ite proper ty.
-.c
They - City accepted lake and 11.5tOW1 .ti0 worth of inprovewats is return
for the ':ity allowing then sat to peg drain AV or parks fee whieh
stx)unta to S550W.00. Then the 'Sty wmald eater into as ne'ree-
ment for .-efuau of out-of-pocket cost incurred by Pe2patual for
dminez-e facility c,matruction. The costs phis eogLn ering, will
bring total :.o 94O,OV.*X for 3xi-t-i.nago.
City - City accepted lake, $15,000*00 worth of improvements, and draiMge
facilities constructed to date in return City would not require
property to pay irminage fee„ Also there my have bean other
concesmions reSkrding perk fees, *to., b*e ever, Publics Works depart-
ment would not. be involved.
Checked ,.ith Jim Wheeler, February 5, 1000 A,R., he &greed to
our feelings at. rte et ing.
JRf s.]"I&a
C RUM-)
Huntington Lake File
February 5, 1968
Handrell, Hartge - City
Galloway - R. M. Galloway and Associates
Paul Clark, Tom Webster - Perpetual Savings
I
They - City accepted lake and $15,000.00 worth of improvements in return
for the City allowing them not to pay drainage or parks fee which
amounts to $55,000.00..`-Then the City would enter into an agreement
for refund of out of pocket cost incurred by Perpetual for drainage
facility construction. See attached for cdst, plus engineering not
shown which will bring total - to $40,000.00
City - City accepted lake, $15,000.00 worth of improvements, and drainage
facilities constructed to date in return city would not require
property to pay drainage fee. Also there day have been other con-
cessions regarding park fe s,`e.tc. , owever, K.W—. 1.Wou1-d not be
invo~Ived �—
Checked with Jim W. February 5, 1968 10t00 A.M., he agreed to
out feelings at meeting.
I
7 4rq
REIMBURSEMENT AGREEMENT
Drainage Area #9
1
2 THIS AGREEMENT entered by and between the CITY OF HUNTINGTON BEACH,
3 a municipal corporation, hereinafter referred to as CITY, and PERPETUAL
4 SAVINGS AND LOAN COMPANY, 9720 Wilshire Boulevard, Beverly Hills,
5 California 90212, hereinafter referred to as DEVELOPER:
6
W I T N E S S E T H:
7
8 WHEREAS, DEVELOPER has filed a tentative map for the development
9 of real property located within the CITY and more particularly described
10 on DEVELOPER'S tentative tract map 5518 and has installed certain offsite
11 improvements, to-wit:. a portion of a major storm drain facility adjacent
12 to said tract, at his own cost and expense and in conformity to plans and
13 specifications approved by the Director of Public Works of CITY, and
14 applicable provisions of the Huntington Beach Ordinance Code.
15 Said offsite storm drain facility will benefit other properties
16 within Drainage Area #9 as well as the properties of DEVELOPER, and
17 DEVELOPER has dedicated said storm drain facility to CITY for public use.
18 NOW, THEREFORE, in consideration of the mutual covenants hereinafter
19 contained, CITY and DEVELOPER do hereby mutually agree as follows:
20 1• CITY hereby agrees to reimburse DEVELOPER any monies collected
21 within a ,ten year period from the date of execution of this agreement by
22 CITY from any.---person, firm, corporation or association, their successor
23 or assigns, developing, dividing or subdividing any property within
24 Drainage Area. #9, shown on the map attached hereto and made a part of (�
25 this agreement, which is benefitted by the installation of said offsite Q�
26 drainage facility constructed by DEVELOPER, provided said monies shall
27 not exceed $37,459.19. Should Developers not have been reimbursed the
28 full $37,459.19 within said ten year period, DEVELOPER may, at its option,
29 extend the term in which to be reimbursed for an additional period of ten
30 years. Should DEVELOPER desire such extension, it shall so notify CITY
31
32 No. 68-DI
1 of its election to extend by mailing a written notice to CITY, postage
2 prepaid, not more than ten (10) days prior to the expiration of this
3 agreement.
4 No interest shall be paid. Said monies shall be collected at the time
5 ,the other property is being developed, divided or subdivided at .the rate
6 of $1,650.00 per acre.
7 2. If another person or builder, at the request, or upon approval
8 of the CITY constructs additional drainage facilities within said Drainage
9 Area #9, the cost of said construction may be credited toward the acreage.
10 fee to be collected from said person or builder and DEVELOPER may be reim-
11 bursed only that amount, if any, collected by the CITY over and above the
12 costs of the construction of said additional drainage facilities. In the
13 event a reimbursement agreement for Area #9 is in effect at the time this
14 agreement is executed., all funds payable under that prior agreement shall
15 be paid by CITY before any funds may be paid to DEVELOPER pursuant to this
16 agreement. One such agreement is in effect as of this date between the
17 CITY and Dutch Haven Homes, Inc. dated August 21, 1964.
18 3. CITY may at its ?ption enter into an agreement with any builder
r
:,
19 within Drainage Area #9 that aarid bulder will pay to CITY his pro-rats share
20 of the costs of the offsite drainage facilities constructed by DEVELOPER
21 referred to in this agreement, and either CITY or DEVELOPER may institute
i 22 legal proceedings to enforce said agreement.
i
23 4. In the event CITY constructs additional drainage facilities within
24 Drainage Area ,#9, CITY may use a ,portion of all drainage fees collected
25 within Drainage Area #9 not already paid out, prior to the fulfilling of
26 this agreement. Said portion shall not exceed 40 percent of said fees
i
27 collected,
28
29
30
31
32
-71
1 Dated ;>
2
3
4
Developer
5
6
CITY OF HUNTINGTON BEACH,
7 a municipal corporation
8
9 By
yor
10
ATTEST:
11
12
13 City Clerk
14
15 STATE OF CALIFMIA )
COUNTY OF ORANGE ) ss
16
On this day of , 191 before me, a Notary
17 Public in and for said County and State, personally appeared ,
, known to me to be the Mayor, and
18 , known to me to be the City Clerk of
the City of Huntington Beach, a municipal corporation, the corporation
19 that executed the within instrument and acknowledged to me that they
executed said instrument on behalf of such municipal corporation.
20
21
22
Notary Public
23
24 STATE OF CALIFORNIA )
COUNTY OF ss
25
26 On , 19 , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
27 , known to me to be the person whose
came is subscribed to the within instrument and acknowledged to me that
28 he executed the same.
29
30
31 Notary Public
32