Loading...
HomeMy WebLinkAboutSecurity Fore Corporation - Reimbursement Agreement 69-D2 - TOPIC �"`� FILE NO. �y LEGISLATIVE HISTORY RECORD DETAIL "�/-y m, E DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK , VOLUME PAGE i Y�rG.oCc� � (/l o 1 Z ZZCm I f ' { OP IC E I M B U R S E M E N T S REF• # I. D. TRACTS SERVED PARTX��� ��� �c TO AREA UNITS SUBJECT:..�� 2 /7 N LOCATION �/Uf/� (� COST -0 2� DATE EXECUTED* T0.COST* (�® NET REFUND* OTHER: (*Attach copies) i WHITS-CITT�rr OTTOR~Er CITY OF HUNTINGTON BEACH Nfo- LERK GREEN-C1TV ADMINISTRATOR err;Lv cwwwwr-oEs+wwTaaENTwL REQUEST for ORDINANCE or RESOLUTION Date Request made by Deparanent 11-22-72 Ted Mullen Pr11it Yolks INSTRUCTIONS+ File request in the City Adminlstrator's Office quickly as possible but not later than noon.one weep prior to the Council Meeting.at which it is to be introduced. Print or type facts necewry for City Attoruey's use-in preparation of ordinance.Ina separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.AD appropriation requests must be cleared and approved by the Director of Finance before submittief to City Admialsmor's Office. Preparation of an Ordinance or Resolution is hereby requested: 8e4uest for expenditure of drainage funds from Diattitt 7E is the mount of $239182*67 as tu�laeae of sesrat 69-01 to 8mvity ►ere Corporation for store driis costs. hams ars availabb In this district for this ttiAusarate . Desired effective date Signedt Approved as to availability of funds . 1Z.,♦-72 Director of Finance I.City Attorney—Please prepare and submit printed copies to this office byi City Administm or Hworable Mayor " city council CAtyl of Hmtlmgtm Beasts Attentions Marte-M&Mor City A&dn strata r Subjects teimBersemmt Agmamt Ve._4'r for Comtrection aaf-89 f-afts;: --at'— Cootlom s cma tree ec S ra I� GQ� t O � 77 /9?2 amine baen collected i' - Id yerm amd acid an Is refundable to the daraleger per tte -eoaditiooa of the agree- MXRto 7-;1, 4� 4// 4- ore� tl� a�,ter`, it is raggeeatoS that mm be reieetoersed, the ebuk be made payable to SG G 04", dry __? Oi c Very truly y ours o 3mea EL. Wheeler Director Of Mile twks �I�i�A>nt GrG7 3>q1 d ' V o r6d, (f,10, ' � P 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. HEREAS, the City Council of the city of Huntingt Beach has adopted budget for the Fiscal Year 1970-71 by. Ordi,ance No. 1585, and WHEREAS, S tion 5 of said Ordinance No. 585 provides the procedure for autho izing expenditures fro the several Special Funds mentioned in said Sec on 5, and WHEREAS, the Direct o of Public orks and the City Administrator have recommended an expendi re, d ppi WHEREAS, the City Council ereby approves said recommendations, r BE IT THEREFORE RESOLV tha an expenditure in the amount of +-•� Fourty three. thousand, f ve hundred\11xty three and 72/100 dollars ($43,563.72) is here authorized to be de from the Drainage District 7G fund. Fund pa able as follows: $18,56 72 to Kaufman and Broad for full balance of Agreement No. 70-D5 and $25,0 0.00 transferred to the Sewer Fund s partial repayment of loan for Ha Pump Station. PA ED AND ADOPTED this day of , 1971. t Mayor ATTEST: .City Clerk JI City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT July 27, 1970 Honorable Mayor i and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement No. 69-D2 Storm Drain d Pump Station Area 7E & 7H - Security Fore Corp. Gentlemen: Transmitted herewith is Reimbursement Agreement No. 69-D2 in the amount of $166,372.00 for the storm drain facilities constructed by Security Fore Corporation to serve drainage areas No. 7E and 7H. It is recommended that your Honorable Body approve the agreement and authorize the Mayor and City Clerk to execute same. The copies shall be returned to this office for trans- mittal. Very truly yours, James R. Wheeler ' Director of Public Works H. E. Hartge City Engineer JRW:HEH:TTMM:ae Trans. rile- T14 ' SEC URITY FORE CORP. 1565 MacArthur Blvd. Costa Mesa, California '92626 Tel. (714) 546-1161 A Subsidiary of Standard-Pacific Corp. my 22, 1970 Department of Public Works City of Huntington Beach P. O. Box 190 Huntington Beach, California Attention: Mr. Eric I. Lovejoy Re: Reimbursement Agreement for Storm Drain Construction Drainage..Area.s 7E and_7H Hamilton Avenue to Atlanta Avenue, City of Huntington Beach Gentlemen: Reference is made to the above captioned storm drain reimbursement agreement wherein Security Fore Corp, is to construct a 96" RCP storm drain between Hamilton and Atlanta Avenues at a cost of 25-0 000 nd the City of Huntington Beach has agreed to reimburse e urity Fore in this amount as additional drainage fees are collected as development progresses within the drainage area. As of this date, Security Fore Corp. has completed the installation of 1, 500 lineal feet of the drain at a cost of $140-, 000. There remains to be installed an additional 1, 140 feet at an estimated cost of $110, 000. We understand that a developer on the north side of Atlanta Avenue de- sires to develop his property prior to the time that Security Fore Corp. will extend the drain to Atlanta Avenue. It is the desire of Security Fore Corp. to cooperate with other landowners and developers within the drainage area and will, therefore, grant an easement to construct a storm drain through its property to the City of Huntington Beach. The conditions for granting the easement will be as follows: �1. The easement is to be 10 feet in width and is to extend from Sable Drive in Tract 6736 northerly to Atlanta Avenue. The center line of the easement is to follow the alignment of the existing storm drain in Tract 6736. Mr. Eric I. Lovejoy Page 2 July 22, 1970 2. The easement is to be granted to the City of Huntington Beach for the construction, installation and maintenance of an underground storm drain as required by the master plan for drainage for areas 7E and 7H. The drain is to be 96" RCP installed in accordance with City of Huntington Beach standards and is to include the connection to and alignment with the existing 96'' RCP drain in Tract 6736. The installation is also to include the backfilling and compaction of the drain in accordance with Huntington Beach City standards and the removal of the spoil. 3. The new developer shall be required to post performance and com- pletion bonds for the drain in favor of the City of Huntington Beach as is normally required by the City for the installation of offsite improvements. 4. The City will have required the new developer to pay drainage fees which are covered in the reimbursement agreement dated March 8, 1970 between Security Fore Corp. and the City relative to the reimbursement to Security Fore for the pumping station and storm drain south of Hamilton Avenue. We shall also grant a temporary construction easement 50 feet in width and parallel to the alignment of the storm drain easement. In an effort to assist the new developer in starting his project, Security Fore will waive the requirement as set forth in Paragraph 8 in the above reimbursement agreement for the reimbursement at the rate of $600 per acre for each acre in the first increment of the new development to be constructed north of Atlanta Avenue, provided that the first increment does not exceed 30 acres in size. As further cor}sideration to the new developer, Security Fore would agree that all additional reimbursements collected in accordance with the pro- visions of the reimbursement agreement for Drainage Areas 7E and 7H would be shared between Security Fore Corp. and the new developer on the basis"of 60% to Security Fore and 40% to the new developer until such time as Security Fore has been reimbursed 'in full. Sin ely, S CURITY R CO 1 Ronald R. oe 1 President RRF:ls (21 O JW4 TiGiniJh - lr�h�u S/Ddc Su�nr� ��d.liAi:,tl�il � _ Gd ` secar l - 0-5rG -- - ---- htaS f. _.T�„rr��- � --(a.`l(► �l -�D�.�t�7/insr�t�--�.pi�c� _�- -ruG ��i-�� --�� - -- - r� � T -����GIi-Qd/i��G---l��� -,1J-(A�tJ _-Q��j'o1/� -� ,�G� l�J I G /�h./-• -. -- ���s"- f ( /d �G ao" / 140 O - �� A// el X cctr,t -ant_ -/ rr. --- ��✓ � �-- r-� foof --- aA n / - ��/'r�-- �-�.� ��s'- -�. -/Zl1�—�fiyG- - /r�� �! _ _Gr_ .'I�r� -Q�•2�s� -- n 4P;,Ow6"�l- r//'6cL G©l t D a'raA o -—- � �e Z - G 1✓a P l9- � Q?e _ S� G O f Oerj /G7� L`b .SCcrri Fv�6 G'vj0 70 P September 8, 1969 Security Fore Corporation 2711 East Coast Highway, Suite lag Corona del Mar, California attentions Mr. Robert Lucas Subject; Reimbursement Agreement / for Storm Drain Construction Drainage Areas 7E and 7H Gentlemen: DSubmitted, herewith, for your examination and comments is a pre- liminary copy of the proposed agreement to be entered into between the City and the Security Fore Corporation. Please advise at your convenience. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRWtEiLtnt Enc. cc•. Hall And Foreman Attu! Jack Hall 4kFFICE MEMORANDL" To File %� Date September 23, 1968 From H. E. Hartge, Department of Public Works In Re Drainage Area 7E +YI1� , Due to the high first cost of installing the 84" R.C.P. from H Milton Avenue to Atlanta, refund agreements shall be written such that areas mot... r� will be Y required to a .a portion q P of the $1,200.00 per acre which is set up to pay the cost of the piping system. The pump station cost amounts to $650.00 'per acre and is due in full in every case except for credit towards Agreement Numbers 142 and 143 between the City afid Huntington Beach Union High School District and Security-Fore Corporation. Since the cost of the storm drains south of,Atlanta is approximately equal to the cost north of Atlanta the split shall be 50-50. For example, when- a tract develops in the area north of Atlanta and the developer must install some 7811 pipe which exceeds his drainage fee, he must 'pay the $600.00 per acre. The other $600.00 per acre can be used towards the cost of the 78" pipe which he will be installing. Signed H. E. Hartge City Engineer ub ok( REIMBURSEMENT AGREEMENT Drainage Area 7E and 7H THIS AGREEMENT, dated this 4e�a day of , 19 /-t;, , by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as CITY SECURITY FORE CORPORATION 2711 East Coast Highway, Suite' 102 Corona del Mar, California hereinafter for convenience referred to as DEVELOPER WITNESSETH: WHEREAS, Developer has filed application with the city of Huntington Beach for construction of a storm drain. in conjunction with the development of tentative Tract 5972 as delineated on the Master Plan Drainage Study for drainage area No. 7E.and 7H, and WHEREAS, Developer is, at his own cost and expense construct#ng 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 applic- able 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: No: 69-D2 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 bein g accepted by the city of Huntington Beach, Developer shall be entitled to reimbursement for drainage fees paid at the time of development of lends tributary to -this storm drain] more specifically, but not limited to drainage fees,based on Ares 7E and 7H at the rate of $650.00 per acre for the pump station and $1,200.00 per 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 areas 7E and 7H for which refunds are hereby agreed to be paid is as followst Storm drain for tentative Tract 5972, 3. That the cost to Developer to date for construction of this facility is estimated to be as follows: Storm drain construction @ $250,000.00 The limits of said storm drain are Hamilton Avenue and Atlanta Avenue as shown on improvement plans for developments within the limits of tentative Tract 5972. 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 piid the Developer under this agreement is as follows: Refund credited=.!by,construction of Developer's tracts as follows: Tract Acres Amount 6020 18,60 22,320 „�f 4' 6567 1133 13,596 6568 10.67 12,804 6736 11.64 130968 6021 17�5 20,940 '60.69 83,628 Estimated Net Refundable $166,372 6. That refund shall be made by' the Finance Director of the city of Huntington Beach, upon certification by the ,Director of Public Works$ to the Developer as the work progresses to the extent that funds are available from drainage ,faes collected for service by thi's facility. �- -2- �� J 7. if additional users participate in drainage facilities in drainage area No. 7E and 7H in the future, the drainage fees they pay will be distributed to individuals or entities that have previously contributed to tYfe cost of the drain, in proportion to the cost borne by each such individual or entity. Agreements entered into by City subsequent to this agreement shall pro- vide for reimbursement pursuant to such agreements only after the fees refund- able under this agreement are paid. 8. City shall not be liable for payment of refund by reason if 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 agreement; providing however that at such time asDeveloper completes construction of the storm drain to Atlanta Avenue iw accordance with the approved plans and specifications, the amount of $600 per acre collected for drainage fees from developers of properties north of Atlanta Avenue shall be used to satisfy this agreement. City further agrees to furnish a copy of this agreement to the developers 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 trap, in that event City will provide in any agreement with said developer that said new developer is obligated not only to the City but to the first developer, Individuals or entities who have previously contributed to the coat of construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by the developer who has previously contributed to the cost of •3- 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 these drainage areas to allow further development within the areas to proceed, City may use funds available from drainage fees collected within drainage areas 7E and 7H for construction of the additional drainage facilities prior to fulfilling the herein stated reimbursement. `"aid City'., u-e of funds for construction of additional facilities north of Atlanta shall not exceed 50% of the fees collected north of Atlanta. ll.' It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so. G' -4- C I DATED: ""` BUILDER ' E URItY'FORE CORP. __._.. __. CITY (:r INGTON BEACH, a municipal corporation rl By -- i'r silent By Mayor PRO TEM y A_st. S.ecrfAary ATTES`I s City, rk APPROVED AS TO FORM: City Attorney STATE or. CALIFORNIA ) COUNTY OF ORANGE )` es On ois 14 day of � � ,_, i9 , befori, mes, Notary Public, in'and for said County Ad S to tR, .pd `SoAn —a eared_ , known to me to be the , own to me to be the City Clerk of the city,of Nuntingtan` ch, a' nuni'cpa'l corporation, the corporatism that executed the within iOstrumeat and ackdow;2edged to me that they executed said instrument on behalf..of such municipal corporation. ,N C`FFICIAI,-Si ,>G ER;1.ES11NA DWAMO E fill "! NOTARY PUBLIC-CALIFO14NA W RANGE COUNTY •. i;yGommissionExpiresjune25,1973 P. 0. all 190, Huntington Seach,:Calif. 9264 STATb► OF- CALIFORNIA ss COUNTY OF ORANCE ) On this day of , 19 before me, a Notary blic in �- or the .4aid Goaldtyat3d State, personally appeared known U sae to be the President and . -� ,' known to: me to be! then `Secretary of the corporation thbt executed the within. instrument and acknowledged to me that they executed said instrument on ch cor oration. C1PWXXAL SWAL POAAS 1 WEBS NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commis".Expires June 1, 1973 ,77" 'Room, M a! ---- - - .----------_ - ---I dl7prv7bi� � s OM wmoo� IT • .. - -- ri 1� . mamas ■■.n r w it ii� :5'~i7llYti.�✓f,:��i,rUdwcr.r- :.!_^r.3�r.., aryiir..:..w��Y'iL .°-FJ'Y� ..._2::'7rSZf+%.mac=._vlL..:SfIT.,".��.�aTG:J�iC'OZ.,:..1.1 J;'f:'Z:�� ^-" .y:F-:r:_:�K+ � y ■ rraaa �r ■■ s� a ■■ ■ sir ■r ■ +�t �risraaiR.a� ar■ ■ ■ir �t �eraar.s ,� ■ rr�s i See 41-1 —11,12 ee �Cs'� FIN Cit of Human ton Beach P.O. Box 190 i CALWONNIA l�iN ENGINEERING DEPARTMENT i July 27, 19�0 i I Security Fore Corporation 1565 MacArthur Boulevard Costa Mesa, California 92626 Attention: Ronald R. Foell i Subject: Reimbursement Agreements for Storm Drain Co truction in Areas 7E & 7H Gentlemen: Reference is made to your letter of July 22. The conditions set forth relating to the granting of neasement in the event of construction by others are in accord w th out previous understanding. • In reviewing the conditions with mepbers of the staff, some additional clarification was needed of the last paragraph concerning distribution of fee credits. The portion stating "The basis of 60% to Security Fore and 40% to the new developer" is to be interpreted as 60% of $600 or $360 to Security Forl and, $600 + 40% of $600 or $840 to the new developer. Condition t0 of the Reimbursement Agree- ment would then be modified accordingly. It is understood that the foregoing, as well as the conditions of your July 22 letter, are applicable only in the case of develop- ment north of Atlanta Avenue preceding the construction of your last unit. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW:EII.:ae STANDARD-PACIFIC CORP. 1565 TAL8ERT AVENUE o COSTA MESA, CALIFORNIA s 92626 TEL. (714) 546-1161 November 3, 1969 City of Huntington Beach P. O.- Box 190 Huntington Beach, California Attention: Mr.. Eric Lovejoy, Division Engineer City Engineerts Office Re: Reimbursement Agreement for Storm Drain in Drainage Areas 7-E and 7-H Tract 5972 Gentlemen: Offsite storm drain facilities for Tract 6567 and. 6736 have been completed and installed in accordance with City approved improvement plans. The costs of the drainage facilities totaling $123, 296. 27 are listed on the attached schedule. I trust that the receipt of this information will enable you to complete the storm drain reimbursement agreement for these developments. We would be pleased to provide additional information if you require it, as we'have copies of paid invoices, cancelled checks and vouchers in our file. Since 1 ly, S BURY DEVJEO P E T CO. By 'STANDARD-PACI IC CORP. Ronald R. Foell, President RRF:ls Enclosure COST OF O, SITE STORM DRAIN FACILITY FOR TRACT 6567 and 6736 RE: REIMBURSEMENT AGREEMENT FOR STORM DRAIN IN DRAINAGE AREAS 7-E AND 7-H TRACT 6567 (5972) 1. 84" RCP 1200-D rubber gasket 404 L.F. @ $50.00 $ 20,200.00 2. 18" RCP 1500-D rubber gasket 70 L.F. @ $15.00 1,050.00 3. Relocate existing CMP inlet 1 ea. @ $250..00 250.00 4. Catch basin 3 ea. @ $550.00 1,650.00 5. Rock 510.70 tons @ $5.50 2 808.85 25,958.85 TRACT 6736- (5972) 1. 84" RCP 1200-D rubber gasket 1070 L.F. @ $78.50 $ 83,195.00 2. 18" RCP 1500-D rubber gasket 40 L.F. @ $25.00 975.00 3. Catch basin (W=101 , W=71 ) 2 ea. @ $1,150.00 2,300.00 • 4. Catch basin (W=121 ) 1 ea. @ $1,350.00 1,350.00 5. Junction structure 1 ea. @ $1,650.00 1,650.00 6. Remove. and reconstruct existing .36" CYT-entrance drain Lot @ $1,500.00 1,500.00 7. Sewer crossing on Sable Avenue Lot @ $300.00 300.00 8. Manhole (add per city) 1 ea. @ $500.00 500.00 9. Rock Included in contract - 10. Sand Tonnage corroborated by Load tickets 4,545.64 11. Cleaning and maintenance as required by the city of Huntington Beach 1 021.78 97,337.42 TRACT 6567 AND 6736 TOTAL $123,296.27 As prepared by SEABURY DEVE PMENT C 7. ��U security fore corp 2711 EAST COAST HWY., SUITE 102 CORONA DEL MAR, CALIF. 92625 September 12, 1968 Mr. Darrell Boyer City of Huntington Beach P. 0. Box 190 Huntington Beach, California RE: Reimbursement Agreement for Storm Drain in Drainage Areas 7-E and 7-H Tract 5972 Dear Darrell: Please start drawing the necessary reimbursement agreement between Sesbury Development Company and the City of Huntington Beach for storm drain installation in our Tentative Tract 5972. The engineer's estimate is approximately $240,600.00 to install 2,640 lineal feet- of 84 storm drain line and various catch basins as required. To date, we have installed 400. 1ineal feet plus catch basins at Hamilton. . We do not have the total cost of the last work; however, as soon as, the job is completed, we will forward the cost to you. Thanking you in .advance for your prompt consideration and if there is any additional information required, please contact me. Sincerely, URY DEVELOPMENT CWANY Robert J. Luc RJL/tmn PHONE (714)673-6722