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HomeMy WebLinkAboutS. V. Hunsaker & Sons, Inc. - Reimbursement Agreement 135 - TOPIC - FILE N0. a LEGISLATIVE HISTORY RECORD Ze.1Me. DETAIL !� DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 7 L z t25-Sc, 3s6 ��,� �� TOPIC y .. 1 'RESOLUTION NO. 3567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF FUNDS FROM DRAINAGE` DISTRICT 7F WHEREAS, the City .Council of the City of Huntington Beach has adopted a budget for the fiscal year 1972-1973 by Resolution No 3503; and ` Section 5 of said Resolution No . 3503 specifies the procedure for authorizing expenditures from the several special funds mentioned in said Section 5; and The Director of Finance and the 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 an expenditure in the sum of One Hundred Fifty-one Thousand Eight' Hundred Twelve Dollars and Forty-seven Cents ($151,812 .47.) is hereby authorized to be m:�ade from, Drainage District 7F fund, As reimbursement on agreement No. 135, said sum to be made payable to S . V. iunsaker & Sons, Inc . , representing the full balance on Agreement No. 135.• _ PASSED AND ADOPTED by the City Council of the City of ''untington' Beach at a regular meeting thereof held on the 18th day of September, 1972 . Mayo ATTEST: APPROVED AS TO FORM: City rk City At orne .. V j , -,-. .. '► t .. ` 777 a� RESOLUTION NO. 2384 x A RESOLUTION OF THE CITY COUNCIL OF HUNT- INGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE AREA 7F rUNDk�A ►,E' s•, the• City Council of.. the City of Huntington N Beach has adopted a Budget for the P_Mcal Year 1964--67 by Ordinance No. 1223;- and R ,-75e Xrxti' 5 of said Ordinance No. 1223 provides the prpcedare .'fore +authorizing expenditurev from the several Special Funds :.sentioned in said Section 5, and WHEREAS, the birector of Public Works and the City Administrator have recommended an expenditure,_, brid ` WHEREAS, the City Council hereby approves said recom- mendation, BE IT THEREFORE_iva lS :i1 that an expenditure in the amount of Twenty-three: izour Hundred forty-thre6 and 20/100 Dollars •ip,­�S-_ eby authorized to be, made the Drai.nagd Area :x F Vwa6'; '-payable to i. d.=`kIunsaker a'S1c for �.�?�i��YL.:ae�'cYt• Agreement N�;. V45. PASSED AND Af;4 71� this 19th day of June, 1967, by the _Cit:y Cows:-'i'- of the City_ of Huntington-Beach. — �� -y ATTEST: City ,c - } t �';`s3' 8 C MIN OF CITU CT1,11M OF MUNT- C? �� 5=4 s T D MMG__� VZOTUCT 7 E? MMWAS, the City Council of the City of Huntiri3coa j ( kao aelopted a Budget for the Fiscal Year 1366-67 by Q dmc=c 110. 1223, and UIR-RUM, Section 5 of said Ordinance No. 1223 provider the procedure for authorizing e.>pendituree from tte aaver'eE 1 Spacial Funds mentioned in said Section 5, and U-Mal-74S, the Director of Public Uonko end the City { 3i- �. Administrator have recorarm2nded an eupenditure, and i; F FREAS, the City Council hereby approves void reca::�- i 4 r�nz3ntions, , �- B3 IT TWIEFORE RESOLVED that an expenditurQ in, the j amount o£ Three Thousand Five hundred Seventy-Five and /nOO • F I dollars (�3,575.00) is hereby authorized to be made fgc:2 t&e t` Drainage District 7F fund payable to &. V. Hansal er and Sons, Inc. for contributions in aid of construction. , MSSM C- D ADO�r iD by the City Council of the City of z± MmCington Mach, California, this 3rd day of January, 196? . i ( Mayor C P ti. APPROWD AS TO FORM: �. s-• V` ?i City Atto-Mey x .. 13 September 1972 TO: City Council FROM: . City Attorney SUBJECT: Resolution.-Authorizing Expenditure of Funds, from Drainage District 7F At_. the request of the Director of Public Works, we transmit resolution authorizing the expenditure of $151,812: 47 from Drainage District 7F fund to S. V. Hunsaker & Sons , Inc . , which represents the full balance on Agreement No. 135 . Respectfully submitted, DON P. BONFA City Attorney /b c Attachment l�� y June 24, 1969 ' p; Monarch Investment Company 85W Wilshire Boulevard 'Beverly Hills, California Subject: Status of Reimbursement Indianapolis Pump Station I;- Drainage Area 7F Reimbursement Agreement No. 135 Gentlemen: We reviewed our records on subject agreement and outlined below is the status. Net Refundable $178,83o.67 Refund 1-3-67 (3,575.00) Z C:� t 'a,ZA Refund 6-21-67 (23,443.20) Balance $151,812.47 All refunde.were made in the name of Huneaker and sent to Deane Brothers office. If you have any.fbrther. questions, please contact this' office. Very truly yours, James R. Wheeler Director of Public Works Darrell G. Boyer I Division Engineer JRB:DGB:ae Attach. CITY CLERK'S COPY REIMBURSEMENT AGREEMENT Drainage Area 7F THIS AGREEMENT, dated this _ day of December 1966 , by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as, CITY S. V. HUNSAKER & SONS, INC. P.O. Box B Newport Beach, California BUILDER WITNESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of a storm drain and pump station in conjunction with the development of Tract 5602 as delineated on the Tract 5602 and Indianapolis Pump Station plans in drainage area No. 7F, and WHEREAS, Developer is, at his own cost and expense constructing said work all in conformity with the plans, specifications and provisions as approved by the Director of Public Works, and WHEREAS, construction of said work has been in conformity to an applicable chapter of the Huntington Beach Ordinance Code, and WHEREAS, Developer is entitled to reimbursement for the work performed following the construction of these works, said reimbursement to be made as agreed herein. NOW, THEREFORE, in consideration of the premises and the agreements herein contained, the parties agree as follows: 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 sha4. be No. 135 U 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 drainage fees based on Area 77 at the rate of $550.00/acre for the pump station and $900.00/acre for the storm drain facilities. ' (Refer to Exhibit "A" attached hereto for area served.) 2. That the facility under- construction by Developer in drainage area 7F for which refunds are hereby agreed -to be paid as follows: Indianapolis Pump Station 3. That the cost to Developer to date for construction of this facility is estimated to be as follows: Pump Station and Storm Drain Construction = $235,763.47 4. That the Developer at the request of and in- the best interest of the City .has under construction* th 's•; 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: Refund credited by construction of •Developer's tracts as follows: Tract Acres Amount 5602 10.799 $15,658.55 5755 28.465 41,274.25 Total $56,932.80 Net Refundable $178,830.67 6. 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. 7. If additional users participate in drainage facilities in drainage area No. 7F in the future, the drainage fees they pay will be distributed to these 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. 8. 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, !r, City agrees from an administrative, legislative or quasi ,judicial procedure -2-' " I . to protect the interest of Developer, tither 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 agea, if a developer, who is within the drainage area, is required, as a condition to the approval of a tentative or a final map to construct drainage facilities within the drainage area, City may allow. said developer credit towards the per acreage fee consistent with this said agree- ment; City further agrees to furnish a copy of this agreement to the developer of any properties in the drainage area. 9: In the event City does not require a developer within the drainage area to deposit the drainage fee with the City prior to or concurrent with the approval of the tentative or final map, in that event City will provide in any agreement with said Developer that said Developer is obligated not only to the City but to the Developer, individuals or entities who have previously contributed to the cost of drainage facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be required to pay the attorneys fees for any of the parties. 10. In the event City must construct additional drainage facilities within this drainage area to allow further development within the area to proceed, City may use funds available from drainage fees collected within drainage area 'I F for construction of the additional drainage facilities prior to ful- filling the herein stated reimbursement. 11. It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so. K' DATED: December 22?, 1966 CITY OF HUNTINGTON BEACH, APPROVED AS TO FORM: a municipal corporation �U _ B _ City t o rne Y Mayor A EST: BUILDERS . V. Hunsaker ,•& Sons, Inca By City Clerk Vice President By t_kdst. Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On this day of December 19fiL, before me, Alice M: Hamilton a Notary Public, in and for said County and State, personally appeared Jake R. Stewart , known to me to be the Mayor, and Paul C. Jones known to me to be the City Clerk of the City of. Huntington Beach, .a municipal corporation, the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal corporation. /l -ORNIA O _ My ommission expires 3-11- 7 ..• . CG�'ti(v } .,. ...... ..:..... ........... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss On this 8th day of December , 19 66, before me, a Notary Public, in and for the said County and State, personally appeared Clarence Graham, Jr. known to me to be the Vice President and J. H. Barr, , known to me to be the Asst. Secretary of the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such corporation. - - - - - - - - - - - - -- - - - - - ROBERT WARD HICKS NOTARY PUBLIC-CALIFORNIA �� 1 �(/G/ i/�E�4• PRINCIPAL OFFICE IN ORANGE COUNTY ROSERT WARD HICKS My Commission Expiras January 7,•1967 1 � CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To TED MULLEN From WILLIS MEVIS Public Works Department Assistant City Attorney Subject Reimbursement Agreement #135Date 'July 26, 1972 Make the reimbursement refund payable to S . V. Hunsaker & Sons , Inc . , if you determine that a reimbursement is in order. You can send it to the address in the agreement, which apparently is Occidental's present address . WM: 1 F- 3ST S_D'D-}'� � �_ �_ _ —f_ 1 -75 Tl- L S- a=o -- - -- -- - +- -- - - - - - ---- - -- I , I I I I I , , I • I I 1 I I I I I I I i --'_ _?--� - I 1 . 11 --t -- - --� lit -. - - I � t; I f f I MONARCH INVESTMENT COMPANY 8500 Wilshire Boulevard, Suite 814 Telephone (213) 9a,W 655-4151 and 652-8282 August 13, 1969 City of Huntington Beach Post Office Box 190 Huntington Beach California 92648 Attention: Mr. Darrell G. Boyer, Division Engineer Subject: Status of Reimbursement Indianapolis Pump Station Drainage Area 7F Reimbursement Agreement No. 135 Gentlemen: We appreciate receiving your letter of June 24th, setting forth the status of the Reimbursement Agreement No. 135. Since your last refund of June 21, 1967, have there been any additional drainage fees paid to which Hunsaker would be entitled to receive? The name, S. V. Hunsaker & Sons, Inc. , has been changed to Monarch Investment Company; however, their accounting records are maintained at the same location as in the past, that is, Post Office Box B, Newport Beach, California 92660. We would appreciate being brought up to date regarding the status of any reimbursements due us. Yours very truly, MONARCH INVESTMENT COMPANY W. Lee Chester Financial Vice President WLC/hg Deane BROTHeRS,II1C. . --� do-•-_:e"s.e%: r� DeVeLOPeRS hBUILDeRS 4201 BIRCH STREET.P.O.BOX q �', NEWPORT BEACH.CALIFORNIA 92660 Lij QUGS4'69 c. !��; x �+A� G pU161F7-:81. Ci-ty--of Huntington Beach Post Office Box 190 Huntington Beach California 92648 Attention: Mr. Darrell G. Boyer, Division Engineer REIMBURSEMENT AGREEMENT Drainage Area 7F THIS AGREEMENT, dated this day of ,. , 19( 9 by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as, CITY S. Y. HUNSAKER & SONS, INC. P.O. Box B Newport Beach, California BUILDER WITNESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of a storm drain and pump station in conjunction with the development of Tract 5602 as delineated on the Tract 5602 and Indianapolis Pump Station plans in drainage area No. 7F, and WHEREAS, Developer is, at his own cost and expense constructing said work all in conformity with the plans, specifications and provisions as approved by the Director of Public Works, and WHEREAS, construction of said work has been in conformity to an applicable chapter of the Huntington Beach Ordinance Code, and WHEREAS, Developer is entitled to reimbursement for the work performed following the construction of these works, said reimbursement to be made as agreed herein. NOW, THEREFORE, in consideration of the premises and the agreements herein contained, the parties agree as follows: 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 No. 135 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 drainage fees based on Area 7F at the rate of $550.00/acre for the pump station and $900.00/acre for the storm drain facilities. (Refer to Exhibit "A" attached hereto for area served.) 2. That the facility under construction by Developer in drainage area 7F for which refunds are hereby agreed to be paid as follows: Indianapolis Pump Station 3. That the cost to Developer to date for construction of this facility is estimated to be as follows: Pump Station and Storm Drain Construction = $235,763.47 4. That the Developer at the request of and in the best interest of the City has under construction 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: Refund credited by construction of Developer's tracts as follows: Tract Acres Amount 5602 10.799 $15,658.55 5755 28.465 41,274.25✓ Total $56,932.8o Net Refundable $178,830.67 6. 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. 7. If additional users participate in drainage facilities in drainage area No. 7F in the future, the drainage fees they pay will be distributed to these 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. 8. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the drainage fee. However, City agrees from an administrative, legislative or quasi judicial procedure • to protect the interest of Developer, d.ther individuals or entities, who have previously constructed drainage facilities, by the collecting of the drainage fees, either prior to or concurrent with the approvel of any final maps within the drainage agea, if a developer, who is within ",he drainage a:ea, is required, as a condition to the approval, of a tentative or a final map to construct drainage facilities within the dzvdnage area, City may allow said developer credit towards the per acreage fee consistent with this said agree- ment; City further agrees �;o fur-wish a copy of thin agreement to the developer of any properties in the drainage area. q. In the event Ciy 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 than cost of drainage facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be required to pay the attorneys fees for any of the parties. 10, In the event City must construct additional drainage facil_LUes within this drainage area to allow further development within the area to proceed, City may use funds available from drainage fees collected within drainage area 7 for construction of the additional drainage facilities prior to ful- filling the herein stated *imbursement. 11. It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so.