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HomeMy WebLinkAboutRepublic Homes Corporation - Michael J. Major - Reimbursemen TOPIC .�_..__ �'.�"..'- FILE NO. TO LEGISLATIVE HISRY RECORD ING DETAIL , +' v .;. I ' ; 104 DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 0- 1 i I i I f i FILE No. TOPIC - I PURCHASE ORDER PURCHASE ORDER City of Huntington Beach 30926 BILL TO:ACCOUNTS PAYABLE THIS {NUMBER MUST • POST OFFICE BOX 190 HUNTINGTON BEACH,CALIFORNIA 92648 APPEAR ON (714)536-5221 PACKAGES ARID INVOICES DATE 09/05/80 '1798€33987 30926 e ' lA;lOR, iwA. �iCHAEL J. H ' CITY OF HUNTINGTON BEACH N 1606 AMTIQUA WAY I 2000 MAIN STREET o NEWPORT BEACH CA 92660 P HUNTINGTON BEACH, CA. 92648 R O ATTN: PUBLIC E!MS F.O.B. Destination YES Deliver within Confirm s n Plus Frt.Prepay&Add: #fin Terms: t+j•t�ls 16S days 0 140 LL:U OUANTITY UNIT DESCRIPTION UNITPRICE AMOUNT PAYF"EKIr, IN FULL, FOR STORM DRAIN REIMBURSE- 10320.00 MENT AGREEMENT 071-01 ([AAA) 103120. SEND THIS COPY TO I HE#il` C1=RTIF THAT ARTICLES STATED ABOVE HAVE BEEN PURCHASING DEPARTMENT WHEN RECEIVED, CAREFULLY WEIGHED, MEASURED OR COUNTED. THAT QUALITIES AND QUANTITIES ARE CORRECTLY STATED. THAT SER- THIS ORDER IS COMPLETE. VICES REPORTED HEREON WERE PERFORMED AS ORDERED. SIGNED DATE RECEIVED RECEIVING RESOLUTION N0 . 4908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTI14GTON BEACH AUTHORIZING FINAL PAY- MENT TO MI CHAEL J. MAJOR ON REIMBURSEMENT AGREEMENT NO. 71-Dl WHEREAS, the City Council of the City of Huntington Beach adopted a budget for fiscal year 1980-1981 by Resolution No.' . 4894; 'and , Section 8 of said Resolution No. 4.894 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 final payment on Reimbursement Agreement No. 71-D1 in the sum of $10 ,320 from Drainage District 10 fund is hereby authorized to -be made to MICHAEL J. MAJOR for construction of a storm drain and appurtenances. . PASSED AND ADOPTED by the- City Council of the City- of Huntington, Beach at a regular meeting thereof held on. the 18th day of Aujust , 1980. e Mayor ATTEST: APPROVED AS TO FORM: GAIL HUTTON, City Attorney City Clerk Assi ant City torney REVIE ED AND APPROVED: TIATED AND AP OVED: Ci Administrator Director of Public Works /ahb 7/17/80 R,. No- 4908 STATE OF CALIFORNIA j COUNTY OF ORANGE 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 18th day of August , 19 80 by the following vote: AYES: Councilmen: Pattinson, Thomas, Finley, Bailey, MacAllister., Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: None ~ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION N0. 4908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FINAL PAY- MENT TO MI CHAEL J. MAJOR ON REIMBURSEMENT AGREEMENT NO. 71-D1 WHEREAS , the City Council of the City of Huntington Beach adopted a budget for fiscal year 1980-1981 by Resolution No. .4894; and Section 8 of said Resolution .No. 4894 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 final payment on Reimbursement Agreement No. 71-D1 in the sum of $10 ,320 from Drainage District 10 fund. -is hereby authorized to be made to MICHAEL J. MAJOR for construction of a . storm drain and appurtenances. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day. of August , 1980. Mayor ATTEST: APPROVED AS TO FORM: GAIL HUTTON, . ity Attorney �Awak%! ' City Clerk _ Assi ant City torney REVIE ED AND APPROVED: IATED AND AP OVED: C1Y Administrator Director of Public Works /ahb 7/17/80 R No. '4908 S'CA'1 E OF CALIFORNIA ) COUNTY OF ORANGE 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 18th day of August , 19 80 by the following vote: AYES: Councilmen: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic. Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQ..NO. _ _ DEPARTMENT USE • o g 2, �, 7, -2, 4i - 1 0, 8 0 0 1 H A O i, N_ 4 002 1 � 1 1 1 I L✓. I I l j 1 6 7 Acc't No. 12 M M D' D r Y M M D D Y Y 25 78 86 I 13 18 19 24 Date Required HUNTINC,TON BEACH - - MATERIAL Requested by Public Works Approval _ REQUISITION Approved by Contacted For additional information call Dori Noble Phone PURCHASING s44i Phone DATE Aug. 1, 1980.. VENDOR # P.O. # E • Mr. Michael. J. :Major H _ N D 1606 Antigua Way P 0 i R _ Newport Beach, CA 92660 TT F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay & Add: Terms: days • • • 7 Payment, in full, for Storm Drain- Reimbursement i Agreement #71-D1 { 1 i 1 1 i f 1 I 1 1 I } A TOTAL $ 10 , 320 . 00 REQ.NO. AMOUNT REQ. NO. AMOUNT REQ.NO. AMOUNT - 2 - 3 4 _ 5 6 1 REQUEST FOR CITY COUNCIL ACTION Submitted by Paul I E. Cook � Department Public Works " Date Prepared. August ' 8 ; 19 8 0 Backup Material Attached a Yes a No. Subject "Reimbursement Agreement 71-Dl City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Mr. Michael Major has monies due him under Reimbursement Agreement 71-D1. 'Recommendation.: - Adopt the resolution authorizing full payment of $10 , 320. 00 to Mr. .Major per -storm drain Reimbursement Agreement 71-D1. Analysis: In conjunction with a 1971 development at 7701 Warner Avenue, -Mr. Major -financed the construction of $19 ,410 . 00 of District 1O .Master Planned storm drain facilities.. The maximum refund per the agreement is $10, 320 0.0. Fees in this amount have been received from the area served by the subject facilities. Note Storm drain reimbursement agreements approved before the June 2, 1975 adoption.of Ordinance. 1985 have no expiration date. This reimbursement agreement was approved by the City on..July_ 20, 1971. Funding Source: The payment is to .be made from Drainage District No. 10 funds. PEC:DN: jy Pio 3ne 1BCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To George Tindall From F. B. Arguello City Engineer Director of Finance Subject Payment for Reimbursement Date July 25, 1980 Agreement 71-D1 Our records agree with yours. Please handle as an expenditure and use Account Number 821124. F. B. Ar ello Director of Finance FBA/MA/cg cc: Mark Ambrozich Don Noble CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - - To Frank .B. Arguello From George Tindal Finance Director City Engineer ?# 'Subject Request for Payment on Reim- Date July 14, 1980. bursement Agreement 71-Dl Mr. Michael Major has requested payment on Reimbursement Agreement 71-D1. The total amount reimbursable is $10, 320. 00. Our records indicates that the City has some funds in Drainage ' District 10 from which a payment could be made. Please review your records and let us know if funds are available for payment to Mr. Michael Major. GLT:DN:lw cc: Don Noble File 71-Dl RE UAT FOR CITY COUNCIL ACTION Q OU Submitted by Paul E. Cook\, -__ - Department. Public Works Date Prepared 'July 14 , 1980 . Backup Material Attached a yea 0 No Subject Reimbursement Agreement 71—Dl City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Mr. Michael Major has monies due him under Reimbursement Agreement 71-D1 . Recommendation: Adopt the resolution authorizing full payment of $10 , 320 . 00 to Mr. Major ,per storm drain Reimbursement Agreement 71-D1. Analysis: In conjunction with a 1971 development at 7701 Warner Avenue, Mr. Major financed, the construction of $19 ,410 . 00 of District 10 Master Planned storm drain facilities. The maximum refund per the agreement is $10 , 320. 00 . Fees in this amount have been received from the area served by the subject facilities. Funding Source: The payment is to be made from Drainage District No. 10 Funds. PEC:DN: jy P10 V7e OFFICE MEMORANDUM To 'Paul Cook Date 7/14/80 From Office of the City Attorney In Re Your request, dated: 7/14/80 for Resolution regarding Reimbursement Agreement. 71-Dl • Charles Matheis has been assigned to staff attorney , Please communicate with him direct . DPH:ahb thank you! CITY OF HUNTINGTON BEACH ire INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank B. Arguello From George Tindall Finance . Director City Engineer Request for Payment on Reim- July 14, 19.80 Subject Date bursement Agreement 71-D1 1 Mr. Michael Major has requested payment on Reimbursement Agreement 71-D1. The total amount reimbursable is $10, 320.. 00.. Our records indicates that the City has some funds in Drainage District 10 from which a payment could be made. Please review your records and let us know if funds are available for payment to Mr. Michael . Major. GLT:DN:lw cc: Don Noble File .71-D1 D n CITY OF HUNTINGTOIV BEACH 2000 MAIN STREET (714) 536-5431 CALIFORNIA 92648 P. 0. Box 190 Paul E. Cook Public Works Department Director March 17 , 1980 Mr. Michael J. Major 1606 Antiqua .Way Newport Beach, CA_ 92660 Dear Mr. Major: No funds are now available for reimbursement in Drainage District 10. However,--we anticipate collecting drainage fees from Foxx development in the near future. I recommend that you check back after July 1 , 1980, when reimbursement could be feasible. In the future Mr. Don Noble of this office will be handling all reimbursement agreements. You may direct your correspondence and/or calls directly to him. Sincerely, Jim Sankey Department Analyst JS: jy r - � -•_/_ice�9_° HCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH H. E. Hartge A. De La Loza To Director, Public Works From Contracts Administrator Through: F. B. Arguello, Director of Finance Subject RA # 71-D1 Date April 14, 1978 Our records reflect a zero balance in the area served by the subject agreement. Accordingly, please notify the contract holder of this status. A. De La Loza Contracts Administrator AD/cg RECE: 1 © DEPT. OIL "I JA _rc �v�Rys APR 17 1978 HU1VTI1q0T N 139ACH. CAC,,, i Jan. 20, 1978 John W. Whipple Engineering Department DEPT. of Pug!IC WORKS City of Huntington Beach Huntington Beach, Calif. J A N 2 3 1978 Dear Mr. Whipple : M EftACKC. UJW. As per our recent conversation in regards to a re- imbursement agreement for storm drain construction in district 10, Agreement No. 71-D1 , I am requesting re-imbursement on this agreement as I understand you have funds in this account. Thank you for your cooperation. Sincerely Yours Michael J . Major 1606 Antigua Way Newport Beach, Calif. 9266o I i I • J� CITY OF HUN ra INGTON BEACH - + INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Ben Arguello From H. E. Hartge Subject Request for Payment Date February 17 , 1978 R.A. #71-D1 Attached is a letter from Michael Major requesting payment on Reimbursement Agreement No. 71-Dl from Drainage District No. 10. Please start your review of the subject agreement. H. E. Hartge Director of Public Works HEH:JWW: lw DATE_ _ FEE FEE R I.•:TE R DATE FEB NO. DATA r 10 Py Date AMOUNT' ,. — _ Dep. Paid 17100 Oak - Bar o.li 6-1-7 502.48 S f" 17232 ak - Bar. oil - 6-1-7 503 89rG;. �17212 ak - Bar oli � - 6-1-72 503 89 y� r 11 each - Donald P. Jones 1, _169 __.-23-73 1,68 .00 v� ;17301 Eeach - R. Dele uesta -16- 3 895 . 00 k . 7661 Warner - Central Baptist Churc 9-25 73 153 3 r 17311 Nichols - Jam s Lumber Co. 0-15 75 1,110 .00 Tract 8916 .- Bartol & Ste lrecht 1-13 75 4 , 030 . 5 �i s 7752- 2 Cypress & 1 162 Oa - Foxx -21- 6 1,089 . 00 7901 C press DeLeo ardi 1 -27- 6 459. 0 1 4 k ' R—REFUNDABLE +1 ADDR. I I NOTES—SEE BACK i OR ACRES I ENGR. AND INSP. WAT E R- S E W E R DRAINAGE 1 TRACT FEE DATE FEE R DATE FEE R DA T'E FEE NO. DATE Drainage Date Amount District Payee Dep. Paid ti 10 7614 Warner - Leasing Enterprises 3-31-71 1,440. 0 I � 4 7851-61 Cypress - Cecil F lmar 5-4-71 287. 0 � 522 Washington - Buc & Tate 12 28-7 225. )0 , 17131 Ash - Ur. anite 3 8-77 487 0 `s.., .-. a 7781 Cypress Constr. Dev Co. 4-18-77 288 . 00 17102 I ak - Wri., Wise ley 6 2-77 503 .89 7761 dypress Schreiber & Thomas 6 3-77 242 . 5 17091 Elm - C ndor, Corona 6 24-77 687 . 0 . 17951 ,Newland - Ala H. Ge et 7-21-77 731. 8 ` R—REFUNDABLF. r' 1 j b_ 1 ADDR. NOTES—SEE BACK k OR I ACRES ENGR. AND INSP. W A T E R S E W E R DRAINAGE w. TRACT FEE DATE FEE R DATE FEE- R DATE FEE NO. I DATE - Draina e Date Amount Districtt Pavae Dep. PA C1 10 7751Cy ress Schreiber & 6-3-77 242 . 85 ' { 10 7761 Cypress - Schr iber & 6-3-77 242 . 85 i i 7942 Stark-Mi . Max or Mr. Dirk 8-19- 7 $516 . 60 '17231 A h-MJR Dev. 9-7-7 $798 . 0 � 7741 Cypress- BJ Properties 9-12= 7 $458 . 0 — 17116 Elm-R. Knu tson D v. 9-14- 7 $279 . 0 17951 Newland-A -21- 731 k 17111 Beach - Real Estate blart 11-29 77 $188 . 0 17121 Ash Cec ' 1 Knee 2-8- 7 276 . 00 f I R^—REFUNDABLE Ho ' CITY ®F H4JNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To Ben Arguello From H. E. Hartge Subject Request for Payment Date February 17 , 1-978 R.A. #71-D1' Attached is a letter from Michael Major requesting payment on Reimbursement Agreement No. 71-Dl from Drainage District No. 10 . Please start your review of the subject. agreement. H. E. Hartge Director of Public Works HEH:JWW: lw City of Huntington Beach P.O. BOX, 190 CALIFORNIA 92646. ENGINEERING DEPARTMENT November 15 , _1976 i Messrs. Barregar & Guest 11743 Cardinal Circle Garden Grove, California Subject: Fees and Dedication at 17091 Elm Gentlemen: Please be advised of the following fees and dedication which are due prior to. issuance of building . permits. 4, Sewer - 6 units @ $60. 00/unit $360. 00 Water - 6 units @ $30. 00/unit 180. 00 Drainage •- 0 . 4584 ac. @ $1 ,500/ac. 6,87. 60 Orange County Sanitation .District No. . 3 - 6 units @. $250/unit 1,500. 00 Also, please prepare the legal descriptions for the 7 . 00 feet of dedication on Elm. ' Very truly yours , H. E. Hartge Director of Public Works HEH:GLE:ae ®� City of Huntington Beach P.O. BOX 190 'CALIFORNIA 92648 ENGINEERING DEPARTMENT December 16, 1976 John DeLeonardis 17072 Sandra Lee Huntington Beach, California Subject: Fees and Dedication @ 7899 Cypress Dear Mr. DeLeonardis: Please be advised of the following fees and dedication. which are due prior to issuance of building permits . 1. Sewer 4 units @ $6.0. 00 = $ 240. 00 2. Water 4 units @ $30. 00 _ $ 120. 00 3. Drainage . 3062 acre @ $1500. 00 = $ 459 .30 ,A �/ �S / 4. O.C:S.D. 4 units @ $250. 00 = -$1 , 000 . 00 Also, please have the -enclosed deed signed, notarized and returned to our office for processing. Very truly yours, H. E. Hartge Director of Public Works HEH:GLE:jy Encl. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT December 2, 197G Urbanites 15751 Brookhurst Westminster, California 92683 Subject: Fees and Dedication at . 17031 Ash_ Gerit lemen: Please be advised of the following fees and dedication. which are due prior to issuance of building permits. l. . Sewer, _4 units @ $60.0-0. $240..0.0.. 2. Water, 4 units $30. 0.0__—_ 120...0.0_ . 3. Drainage, .3250 acres @ $150..0... 0:0_. 487 . 5Q . RA A_So_, )lease prepare the legal description for the dedication of 7 .00 feet of right of way on Ash- arid Sycamore and the '.23. 0.0.. foot radius for the:. return. Very truly yours, FL. E. Hartge, . Director of Public Works. HEH•GLE.:mc Encl. AliGr! ..hUIES'"Dfit UAGK +.. Alai Es F-N(114 AND Irl,.r' -w A.1. G--R---- _ -- f D R A I N A G E �- +li Da Cr. AMOUNT - j D('h- Paid i I � oak - lira i Ix,I i , b- 1.-7 502.148 (.)ak - lta1 i i 6-1 -7A 503 '89 �+ I I 503� 17212 Oak - Bar 'uIi 6-1-! 89 169.1.1 F each - D mild P. Junes I 23-7. 7301 each - De le uesta � -16- 3 895 . 00 — 661 W rner - Centra Baptist Churc 9-2 73 153631 17311 Nichols - James Lumb r Co. 0-15- 75 1 , 110 00 Tract 8-916 - .Bartol & Ste lrecht 1-13 75 4 ,03Oi5 R REFUNDA9LE. ��+ l,i , OCR? �t . ri 1• - July 20, 1971 , n Ik. Hichisel Major 14811 main $troet HwtinStan Bo&ahs CA 02 649 Dear Ifto major t The Sity COWTOi1 of Bvr Ch* at ' 14: "gula r cuing hold nde� „ gulf i+� l � pprov*d a nt Agres t 71- 1 or Stearn ►` traaartructi � R. An log hev"LW,1 *-, t e ,d t for your r rds« sincerely yes, Y' City Clerk 1 'b. i I r4_ v4 -' daa"Ql 5 d a3 � ks�. i-Y City n of Huntington Beach � _ P.O. BOX 180 CALIFORNIA 82648 ENGINEERING DEPARTMENT r July 12, 1971 l I � Honorable Mayor � r and City Council / City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement No. 71-DI Storm Drain Facilities in Drainage District 10. Gentlemen. Transmitted herewith is Reimbursement Agreement 71-Dl in the amount of $10,320.00 for master planned storm drains constructed by Republic Home Corp. and assigned to Michael J. Major. It is recommended that your Honorable Body approve the agreement and authorize. the Mayor and City Clerk to execute same. The copy should be returned to this office for trans- mittal. Very truly yours, James R. Wheeler Director of Public Works JRA:ae Trans. a 'k. i REPVBLZC SODKEB REPUBLIC HOMES CORPORATION ` SOUTH TOWER,UNION BANK SQUARE/ORANGE.CALIFORNIA 92668/714•547-5951 • 4• September 10 , 1969 Director of Public Works City of Huntington Beach P . 0 . Box 190 Y Huntington Beach , California Dear Sir: - Republic Homes Corporation -has entered into a Purchase ` Agreement with Michael J . Major , et al , wherein we intend to purchase and develop approximately 9 acres located on the north side of Warner Avenue a proximately 900 feet from the center line of Beach Boulevard as s own on the attached assessor ' s parcel ma.p . r- We understand that a storm drain reimbursable contract will be issued to the developer of the property when the storm Sr< drain is completely installed as required by your department . We wish to assign this contract , when issued , to Michael J . ` Major , et al , and request at this time your acknowledgment that the city will approve an assignment of our total interest in ` that contract without further instructions from u.s . Very truly y urs , Don N. Vieira Assistant Vice President Approved : City of Huntington Beach p'. e Date DNV :cdd t enc . k: ' 4 A DIVISION OF NATIONAL ENVIRONMENT CORPORATION td �1 ' ORIGINAL: Copy for Master File P, ■ .N E U CITYXLERK REIMBURSEMENT AGREEMENT FOR STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and Republic Homes Corporation, and assigned to Michael J. Major, hereinafter referred to as "Builder." WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed storm drain, hereinafter referred to as facilities 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: I. . Builder has constructed, at a total cost of $19,410.00 a storm drain and appurtenances to serve,Drainage District 10 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 $19,410.00 Less: Refund credited by waiver of -- -� "" 4e fee @ $1,000.00 per acre �' 9 0� 90.00— 710 Net Refundable $10,320.00 r No. 71-D1 AM i < 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 he 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. Tf 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- s: A.3Ta - .� k= ' ff �- ate' lit s t�-f lz•e �- ,r �-•_:s V.- �s"4 L r9„y -�y s,t. a 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 2,4117 d.ay of, <4 19 ' 7/ CITY OF HUNTINGTON BEACH, a municipal corporation Mayor AT"tEST: City erk BUILDER APPROVED AS TO FORM by -3- 1 ' E�.� �i :� .t' � -{ � -F. , '�..a ;,y! j ��}_J,,i•��Y'�y S �c-.. ��d r'-c_��� :��Y _r_. s I jya�p i lr l#A 6 5 D1,41 7* "R/ro r 0) �Xt7j. WA- Il DSO Ac I r--- r -r c-_c- „�,•.+ - a. x -- .� 'bw^-r *p ��'�-'e'4._ !•SCE '� _ f;Tip---,ems - -,Y' -3.y �. �•£' yy�'i•`L ���Z_Y d "�` ,�'`,4y ���6'.1 ,����' `-�`�:hi1��� -�� ��T� �... „ ��Yf f- rr ln_ '-�_� Yt`•�k r }6.