HomeMy WebLinkAboutSouth Shores Homes - Reimbursement Agreement 121 - Storm Dra TOPIC - FILE NO.
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TOPIC yqe
RESOLUTION N0. 3429
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .
HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF
MONEY FROM THE DRAINAGE DISTRICT 6B FUND
WHEREAS, the City Council of the city of Huntington Beach has
adopted a budget for the Fiscal Year 1971-72 by Ordinance No. 1651,
and
WHEREAS, Section 5 of said Ordinance No. 1651 provides the pro-
cedure 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
Ten Thousand One Hundred Four and 86/100 dollars ($10, 104.86) is hereby
authorized to be made from the Drainage District 6B fund. Fund payable
to Joseph W. Aidlin, Trustee for South Shores Homes, per Reimbursement
Agreement No 121.
PASSED AND ADOPTED this 7th day of February 1972.
Mayor
ATTEST:
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RESOLUTION Iio.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE
OF MONEY FROM THE DRAINAGE DISTRICT 6C FUND.
° WHEREAS, the City Council of the City of Huntington beach has
adopted,& tsodga for the Fiscal Year 1970.71 by Ordinance,'__ t1'�7i.
and ^�
bRSOE,4t, Section u of Said Ordinance No. 1,585 provides t€ro
for xuth.trizu)4 �Xptnditux4:s from the sevte, ,i:zi Finds mertioord
s In said 5, -,rd
WHEPE-�S, t'ie'D rector, of Public Works and the City Admioi:st�otcs
have recommended an exper.cA turfy, and 4
WHER AS, the City Council hereby approves s�/r�;��= 40nmendationsy*��`�
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BE IT THEREFORE RESOLVED that an expenditure the amount of
Eight Hundred Ninety-seven and 67/100 is he:ebi'
authorized to be made from the Drainage G$ fund. a::; Jable<
' to Joseph W. Aidlin, Trustee for South Shores Homes who constructed
major storm drain facilities in this district per Agreement Ko,,L21.
PASSED AND ADOPTED this 20th day of _ JuZY �• .970.
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Mayor/ pro-
ATTEST:
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February 140 1972
Aidlin, Martin $ Mamakos
5143 Sunset Boulevard
Las Angeles, California 90027
Attentions Joseph W. Aidlin, Trustee
South Shores Hanes
Gentleman:
Enclosed is a check for $10,104,86 vihhich is the full
balance of Reimbursement Agreement No. 121 to South Shores
Homes.
Very truly yours,
James R. Wheeler
Director of Public Works
Eric i. Lovejoy
Division Engineer
TRW:EILsTMxae
Encl.
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J� City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92M
ENGINEERING DEPARTMENT
January 20, 1972
Honorable Mayor./
and City Council
City of Huntington Beach
Attention: Brander Castle
Acting City Administrator
Subject: Reimbursement Agreement No. 121
Construction of Master Planned Storm
Drains - Drainage District 6B
Gentlemen:
South Shores Homes constructed the subject storm drains.
Fees in the amount of $10, 104.86 have been collected from developers
in this district and said sum is refundable to the developer per
the conditions of the agreement. The above amount is the remaining
balance of this agreement. Enclosed is a resolution authorizing
this reimbursement.
It is requested that sum be reimbursed, the check be made
payable to Joseph W. Aidlin, Trustee for South Shores Homes, and
the check be returned to this office for transmittal.
Very truly yours,
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James R. Wheeler
V Director of Public Works
JRW:TM:ae
Encl.
LAW OFFICES
AIDLIN, MARTIN & MAMAKOS
5143 SUNSET BOULEVARD
JOSEPH W.AIDLIN LOS ANGELES,CALIFORNIA 90027
ARTHUR L.MARTIN �� \
TELEPI-IONS 686-1910
DAMES L.MAMAKOS
September 1, 1970
Mr. Eric I. Lovejoy
Division Engineer
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
RE : Drainage Area 6B, Reimbursement Agreement No. 121
Dear Mr. Lovejoy:
I have received the City of Huntington Beach check for $897 .69
payable to me as trustee in connection with the above matter.
I would very much appreciate your sending me a memorandum
showing the source of the $23 ,168. 93 collected in District
6B and also showing the obligations of South Shores Homes to
District 6C in the sum of $22 ,361.24.
I gather from your letter of July 28 that the sum of $10, 104 .86
is all that will be forthcoming under the City's agreements
with South Shores Homes and Kenneth Koll. I would appreciate
your advising me as to this and also an indication of what
properties remain obligated to the City out of which the
remaining balance will come .
There is no urgency as to these matters , and I genuinely
appreciate your taking the time to respond.
Yours very truly,
JJOS�EPH W. AIDLIN
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City of Huntington Beach
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P.O. 6OX 190 CALWORNIA
ENGINEERING VEPAR4UXNT
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July 13, 1970
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement !Agreement No. 121 to
South Shores Homes (Joseph Aidlin, Trustee)
Drainage Areas 6B and 6C
f Gentlemen:
Drainage funds in the amount of !$23,168.93 have been
collected in District 6B. Of this amount $22,361.24 should
be transferred to District 6C to discharge the remaining
obligation of South Shores Homes to that district per
Agreement No. 126. The remaining amount of $897.69 is
now reimbursable to Joseph Aidlin as Trustee for South
Shores Homes for Agreement No. 121, Leaving a balance
remaining of $10,184.86A Enclosed is a resolution of this
reimbursement.
It is requested that a check for $897.69 payable to
Joseph W. Aidlin, Trustee for South Shores Homes, be made
and returned to this office for transmittal.
Very trulylyours,
awes R. Wheeler
Director of Public Works
JRW:TM:ae
Encl. � �fJ
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cc: Finance Dept. f y`i
AIDLIN, MARTIN & MAMAKOS
T3 IA
5143 SUNSET BOULEVARD
Los ANGELES,CALIFORNIA 90027 ! SEP . �� ••,
' �FRANKLIN D.RO EVELT
III
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Mr. Eric I . Lovejoy
Division Engineer
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
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June 24,. 1969
Joseph Aidlin
- Attorney at Law
5143 SunAet Boulevard
Los Angeles, California
Subject: Drainage Area 6B and
Reimbursement Agreement No. 121
f( Dear Mr. Aidlin:
A review has been made of the Drainage Area 6B account. When all of
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� the land within the drainage area has been completed there will be approxi-
'� mately 111,000 available for reimbursement to South Shores Homes (Joseph W.
Aidlin Trustee). This of course will not be forthcoming until the terms of
Reimbursement Agreement No. 126 have been fulfilled. This includes the
further transfer of funds from area 6B to 6C in the amount of $7,361.14
r�l (originally $48,868.30) and an amount (maximum estimate of $159000) to isn-
I struct the pedestrian bridge at Tract 4743. This $11,000 figure quoted
above is based on the following information: -
(Per Agreement No. 121)
L;
Cost to boll for pump station construction $116,444.40
A Cost of D05 Channel 56,749.50
$173,193.90
Credit of fees for tracts
f Tract 4852 27.847 ac. 40,378.15
Tract 4744 39.962 ac. 57,944.90
8 98,323.02
Amount Refundable S 74,870.85
(Per Agreement No. 126)
Funds being transferred to area 6C to satisfy
requirements of Tract 4743
Drainage Fee 48868.30
Pedestrian Bridge (approximately) 159000.20
,y # S 6363
�' Net Amount Refundable 11,002.55
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LAW OFFICES
AI DLI N, MARTI N & MAMAKOS
5143 SUNSET BOULEVARD
LOS ANGELES,CALIFORNIA 90027
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July 3 , 1969
Mr. H. E . Hartge , City Engineer
P.O. Box 190
Huntington Beach, California 92648
Dear' Mr. Hartge :
I enclose the Grant Deed of Harold L. Harper, Melvin I . Harper ,
and Dorothy L. Brown for a fifteen-foot easement for a
subsurface storm drain as requested by you in connection
with drainage area 6B.
This easement is being granted to the city of Huntington Beach
pursuant to the understanding that there is to be no charge
made to the owners or occupants of the Harper property (the
two parcels of which are north and south of the Edison
right-of-way) for the right to tie into the storm drain, nor
are the owners or occupants of the Harper property to be required
to contribute to the cost of constructing said storm drain .
However, the usual acreage drainage fee of the city of
Huntington Beach may be charged against the Harper property
in accordance with the usual procedure as a condition to the
use of. said storm drain. Additionally, in the event the
cost to Mr. Smith, the person who is paying for construction
of the storm drain, is less than the total drainage fees
which would otherwise be payable by Mr. Smith i.ato the city
of Huntington Beach, Mr. Smith is to pay the difference between
his cost for installation of the storm drain and the total
drainage fees which would otherwise be payable , This sum is
to be paid into the fund for drainage district 6C for ultimate
payment to the assignees of Kenneth Cole and South Shores
Homes and Mr . Smith is not to receive any reimbursement from
said drainage fund.
Please confirm this understanding on the enclosed copy and
return it to me .
1Y urs very truly . {
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SEPHH IDLIN
The foregoing agreement is confirmed:
H. Hartge
City Engineer
City of Huntington Beach, California
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June 24, 1969
Joseph Aidlin
Attorney at Law
5143 Sunset Boulevard
Los Angeles, California
Subject: Drainage Area 6B and
Reimbursement Agreement No. 121
Dear Mr. Aidlin:
A review has been made of the Drainage Area 6B account. When all of
the land within the drainage area has been completed there will be approxi-
mately $11,000 available for reimbursement to South Shores Homes (Joseph W.
Aidlin Trustee). This of course will not be forthcoming until the terms of
Reimbursement Agreement No. 126 have been fulfilled. This includes the
further transfer of funds from area 6B to 6C in the amount of $7,361.14
(originally $48,868.30) and an amount (maximum estimate of $15,000) to bon-
sitruct the pedestrian bridge at Tract 4743. This $11,000 figure quoted
above is based on the following information:
(Per Agreement No..121)
Cost to Noll for pump station construction $116,444.4o
Cost of D05 Channel 56,749.50
$173,193m90
Credit of fees for tracts
Tract 4852 27.847 ac. 4o,378.15
Tract 4744 39.962 ac. 57,944.90
$ 98 12 2 -05
Amount Refundable $ 74,870.85
0
(Per Agreement No. 126)
Funds being transferred to area 6C to satisfy
requirements of Tract 4743
Drainage Fee 48,868.30
Pedestrian Bridge (approximately) 15,000.00
$ 63 868.
Net Amount Refundable 11,002.55
iseph Aidlin
June 24, 1969
Page 2
In addition to the above, a final acoounting will be made when all costs
huve been established and all fees have been paid. It appears that there will
be a surplus of approximately $25,000 which would be $140 per acre. Koll
would then be entitled to an additional $9,500 for Tract 4852 (27.85 acres)
and Tract 4744 (39.96 acres). .
The trailer park contractor is anxious to start construction of the storm
drain across the Harper property. It would .be appreciated if you could get
the deeds executed.and sent to my office.
Very truly yours,
James R. Wheeler
II Director of Public Works
H. E. Hartge
City Engineer
�� JRW:HEH:ae
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CITY CLERK'S
.COPY {
REAMSENT-AGREEMENT 14
Drainage Area 6B
THIS AaREENENT dated this 14th day of July 1965s,
by and
HETN$SN
CITY CF HUNTINGTON RUCH
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yY/ a municipal corporation f
�i hereinafter for convenience
referred to as
CITY
SOUTH SHORES HOLES
a partnership
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 and Pump Station in conjunction
with the development of Tract 4852 and Tract 4744 as delineated on the
Flounder Drive Pump Station and D05 Channel improvement plans in drainage
area number 6B, and,
• WHEREAS, Developer is, at his own cost and expense constructing said
work all An conformity with the pans, specifications and provisions as
approved by the Director of Public Works, and,
WHERRAS, construction of .said work has been in conformity to an
applicable chapter of the Huntington Beach Ordinance Code, and,
MMREAS, Developer is entitled to reimbursement for the work performed,
following the construction of these works., said reimbursement to be made as
agreed herein.
Number 121
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NOW THEREFORE, in consideration of the premises and the agreements
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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 entitled to reimbursement for drainage fees paid at i
the time of development of lands tributary to this stoma drain; more
specifircalley, but not limited to drainage fees based on Area 6B at the `
rate of $1.9450.00/acre. (Refer to.Exhabit "A" attached hereto for area
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served and Ekbibit "C" attached hereto for determination of acreage fee.)
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2. That the facility under construction by Developer in drainage
area 6B for which refunds are hereby agreed to be paid is described as
follows:
Flounder Drive Pump Station
"DC5" Channel,
3. That the cost to Developer to date for construction of this facility
(see Exhibit "B" attached hereto) is estimated to be as follows:
Stets Drain Construction = $173,193.90
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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 (see
Exhibit "B") is as follows;
Refund credited by construction of Developer's tracts as follows:
Tract Acres Amount
4852 27.847 $409378.15
4744 39.962 7 .90
Total $98,323.05 B�
Net Refundable = $74,870-%
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.
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7. If additional users participate iin drainage facilities in drainage
area Number 6B in the future, the drainage fees they pay will be distributed
to those 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, 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; City further agrees to furnish a copy of this agreement to the
developer of any properties in the drainage area.
�. 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
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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 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
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
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any of the parties.
10. It is understood that the City is not required to institute legal
proceedings to protect the interest of the developer, but may do so.
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DATED: , 1965
CITY OF HUNTINGTON BACH
A municipal corporation
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ity
AP OVED S TO FO : /
As . Ci Attormy
SOUTH SHORES HO S
. STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
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On this a�day of , 19650
before me a Notary Public in and for said County and State,
personally appeared :.
known to me to be the Mayor and
.3
known to me to be the City Clerk of the City of Huntington
Beach, the municipal corporation that executed the within
instrument known to me to be the persons who executed the
within instrument on behalf of said municipal corporation
and acknowledged to me that such municipal corporation executed
the same. {
NotG::y Public
OFFICIAL SEAL
ERNESTIN A DI FANO
NOTARY PUB LIC • CALIFORNIA
- PRINCIPAL OFFICE IN
ORANGE COUNTY
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On July 14, 1965 before me,
the undersigned, a Notary Public in and for said State , personally
appeared KENNETH W. . KOLL
• known to me to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same .
WITNESS my hand and official seal.
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JOSEPH W. AIDLIN
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JOSEPH W. F m.,.•N
s NOTARY PUBLIC.C YIA 1
f'_ i• PRINCIPAL OFF
LOS ANGELES
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