HomeMy WebLinkAboutSecurity Fore Corporation - Reimbursement Agreement 134 - Dr RESOLUTION NO. 2777
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE
OF MONEY FROM THE DRAINAGE AREA 7F FUND.
WHEREAS, the City Council of the City of Huntington Beach
has adopted a Budget for the Fiscal Year 1967-68 by Ordinance No. 1336
and;
WHEREAS, Section 5 of said Ordinance No. 1336 provides the
procedure for authorizing expenditures from the several Special Funds
mentioned in siad Section 5, and;
WHEREAS, the Director of Public Works and the City Administra-
tor have recommended an expenditure, and;
WHEREAS, the City Council hereby approves said recommendations,
BE IT THEREFORE RESOLVED that an expenditure in the amount of
Seven-thousand, thirty-five dollars and 80/100 ($7,035.80) is hereby
authorized to be made from the Drainage Area 7F fund, payable to Security j
Fore Corporation for Reimbursement Agreement No. 134.
ADOPTED this 17th day of June , 1968.
Mayor of the City of Huntington
ATTEST:
City Clerk of the City of Huntington Beach
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RESOLUTION NO. 2585 ,;i
A RESOLUTION OF THE CITY COUNCIL OF HUNT-
INGTON BEACH AUTHORI7_,?NG THE EXPENDITURE
OF MONEY FROM THE DRAINAGE AREA 7F FUND.
WHEREAS , .the City Council of the City of Huntington
!?ench has -adopted a Budget for the Fiscal Year 1966-67 by '
Ordinance No. 1223; and !
WHEREAS, Section 5 of said Ordinance No . 1223 provides i
tl.le 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
. �nnunt of Fight Thousand Six Hundred Forty-three and .60./100
'��7.1ars ($8,643.60) is hereby authorized to be made from the
Drainage Area 7F Fund payable to Security Fore- Corporation
for Reimbursement Agreement No. 134.
PASSED AND ADOPTED by the City Council of the City
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Of Huntington Beach, at their regular meeting held Monday,
June 19, 1967 .
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ATTEST:
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City CIOK
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RESOLUTION NO. 2471
A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON
BEACH AUTHORIZING THE"EXPENDITURE OF MONEY FROM
THE DRAINAGE DISTRICT 7F FUND,
WHEREAS, the City Council of the City of Huntington
3each has adopted a Budget for the Fiscal Year 1966-67 by ;.
Ordinance No. 1223, and
WHEREAS, Section, 5 of said ordinance No. 1223 provides t
' t
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 recom-
mendations,
BE LT THEREFORE RESOLVED that an expenditure in the
'mount of Five Thousand Eight Hundred Fifty and no/100
dollars ($5,850.00) is hereby authorized to be made from
the Drainage District 7F Fund payable to Security Fore Corp-
oration for work performed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach, California, this 5th day of December, 1966.
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ATTEST:
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July 8, 1968
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Security Fore Cqrporation
P.O. Box 691
2711 East Coast hiigbway, Suite 102
Corona del Mar, California 926a
Subjects Rtimb menent Agreement No. 134
Sraia Area 7F,,/
Gentlemen t
Enclosed herewith is a check in the amount of 879035.80.
Said monies represent drainap fees collected from Tract
6283 and 6188 and due you for drainage facilities constructed.
According to :our records, this leaves a balance of
$0.00 due you per the subject agreement.
Very truly yours•
James R. Wheeler
Director of Public Works
4.
Darrell Q., Boyer
' Division VAgineer
. JRW:DGB:ae
Encl.
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E= June 79 1968
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Honorable &tayor ,
and City Council
Cit- o£ duntington Beach
Attention: Doyle Miller
r'
City Administrator
;j Subjects Drainage Area 7F
Tracts 6283
6309
and 6186
F:
Centlemous
It .is respectfully requested that payment in the amount of
$70033.80 be made to Security Fore Corporation for construction
`+ of stoma drain facilities in Drainage Area 7F for Reimbursement
Agreement No. 1340 The monies were collected from the subject
tracts.
Transmitted, herewith, is a resolution requesting the
transfer of funds.
If ;approved, please return the cluck to this office for
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transmi t to I
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Very truly yours.
` .fames R. Wheeler
' Director of Public Works
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JRIv'tDDsvp
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'Trans.
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To Date f `
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TC - Sign'rk� ,_
Date Signed
Redif?rm SEND PARTS 1 AND 3 WITH CARBONS INTACT.
4S 465 PART 3 WILL BE RETURNED WITH REPLY.
CITY CAE HUNTINGTON BEACH `� 1
`-' ENGINEERING DEPARTMENT
Huntington Beach, California
June 7, 1968
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Honorable Mayor
and City Council ''
City of Huntington Beach
Attentions Doyle Miller
City Administrator
Subjects Drainage Area F
'
Tracts 6283
6309
and 6188
Gentlemen:
It is respectfully requested that payment in the amount of .
$7,035.80 be made to Security Fore Coror�at „Qg for construction
of storm drain facilities in ra nage Area 7F for Reimbursement
Agreement No. 134. The monies were collected from the subject
tracts.
Transmitted, herewith, is a resolution requesting the
transfer of funds.
If approved, please return the check.'to .this office*66r, \
I transmittal.
Very truly yours,
ames R. Wheeler
Director of Public Works
JRWsDBsrap
Trans.
CITY CLERK
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
SECURITY FORE CORPORATION
1565 Talbert
Costa Mesa, California
DEVELOPER
WITNESSETH:
WHEREAS, Developer has filed application with "the City of Huntington
Beach- for construction of a Storm Drain in conjunction with the develop-
ment of Tract 5717 and Tract 6100 as delineated on improvement plans of
Tract 5717 and Tract 6100, in drainage area No . 7F, and,
WHEREAS, Developer is, at his own cost and expense constructing
said work 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 promises 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,
No . 134
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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 drainage fees based on Area 7F at the
rate of $550 .00/acre for the pump station and $900 .00/acre for drainage .
(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 is described as
follows:.
Storm Drain for Tract 5717 and Tract 6100.
3 . That the cost to Developer to date for construction of this
facility is estimated to be as follows:
Storm Drain Construction = $51 , 247 .40
4 . That the Developer at the request of and in the best interest
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i of the City has under construction this facility sized to City require-
ments, 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 followe
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Tract Acres Amount
6100 13 .42 $12 ,078.00
5717 19.60 $17 , 640.00
Total $29 ,718.00
Net Refundable $21,529 .40 ' /
} 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 Develope
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 preparation to the cost borne
by each such individual or entity.
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'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, 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 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-
meet; 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 7 F for construction of the additional drainage facilities
prior to fulfilling 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.
Dated: December,�21 , 1966
CITY OF HUNTINGTON BEACH
a mu cipal corporation
By
Mayor
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ATTEST :
City Clerk —
APPROVED AS TO FORM:
I
,City Attorne
BUILDER Sf
By ,
Vies. President
Act.. Secretary
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE
On this !_2g_ day of December , 19 66 , 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. ones , known to be 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. -
V :_. y My commission expires 3-11- 7
STATE OF CALIFORNIA ss
COUNTY OF ORANGE
On this QTN day of 19A&, before me ,' a Notary
Public, in and for the said County and State , personally appeared
known to me to be the President and
49 known to me to be the Secretary of
the corporation that executed the within instrument and acknowledged
to me that they executed said instrument on behalf of such corporation.
......................................................1. -
DOROTHY NEWTON
Notary Public
SUIG of California
Principal Office In 111
Orange County 1
........................................................5
DOROTHY NEWTON
My Commission Expires Oct.28, 1967
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