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HomeMy WebLinkAboutSouth Shores Homes - Reimbursement Agreement 122 - Storm Dra M ro', �1 RESOLUTION NO. 2212 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE AREA NUMBER 6A FUND. WHEREAS, the City Council of the City of Huntington Beach has adopted a Budget for the Fiscal Year 1965-66 by Ordinance No. 1148, and , /, WHEREAS, Section 5 of said Ordinance No. 1148 pro- . .:.: vides 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 recommendation, BE IT THEREFORE RESOLVED that an expenditure in the amount of Nineteen thousand nine hundred two and no/100 dollars ($19,902.00) is hereby authorized to be made from w. the Drainage Area Number 6A Fund payable to Joseph W. A � • Aidlin, Trustee, for work performed . o PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 19th day of July, 1965 . ATTEST: Mayor City erk j _ CITY OF HUNTINGTON BEACH ` ENGINEERING DEPARTMENT � Huntington Beach, California July 26, 1965 Mr. Joseph W. Aidlin 5143 Sunset Boulevard Los Angeles 27, California Subject: (1) South Shores Tracts Reimbursement Agreements 1219 122 and 126 (2) Drainage Areas 6A, 6B and 6C Dear Sir: Transmitted herewith are the following agreements which were approved by the City Council at the meeting of July 19, 1965: (1) Agreement No. 121, Drainage Area No. 68 (2) Agreement No. 122, Drainage Area No. 6k (3) Agreement No. 126, Assignment of drainage fees from Area No. 6B to Tract 4743 (Area No. 6C) and pedestrian bridge. In regard to the pedestrian bridge across the D2 Channel we will - review with you within size months the alternate method of con- structing the bridge. Also enclosed are the following checks of reimbursement: (1) Offsite Sewer construction $19,845.78 _(2) Offsite Water construction $11,721.97 (3) Drainage Area No. 6A $19,902.00 The checks are made payable to you as Trustee per the Assignment of Claims dated December 3, 1964 and signed by Kenneth W. Loll. Very truly yours, ames R. Wheeler Director of Public Works JRW:HET"':hm encl. cc: K. W. Koll Santa .Ana Savings & Loan Association CITY CLERIC'S AGERNEW COPY Drainage Arsa 6A THIS AGREEMENT dated this 14th day of July s 19650 by and BETS . V r CITY OF HUPd'I'IHGTOH BEACH a municipal corporation hereinafter for convenience referred to as CITY SOUTH SHORES HOMES a partnership hereinafter for cortwenience referred to as, DEVELOPER WITHESSETH: WHEREAS, Developer has filed application with the City of Huntington Beach for construction of a Storm Drain and Pip Station in conjunction with the development of Tract 4304 and Tract 4305 as delineated on the Tract 4305 and DC5 Channel improvement plans in drainage area Number 6A, 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 perfarmd, following the construction of these works, said reimbursement to be made as agreed herein, iv 7- Nmber 122 A f NOW THER19rORB, in crosideration of the premises and the agreemsats 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 satisfaatien 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 the time of development of lands tributary to this storm drainf more specifically, but not-limited to drainage fees based on Area 6A at the rate of $850.00/acre. (Refer to Exhibit W attached hereto for area served and Exhibit "CO attached hereto for determination of acreage fee.) 2. That the facility under construction by Developer in drainage area 6A for which refunds are hereby agreed to be paid is described as follows: C05 - SDl nD05n Channel 3. That the cost to Developer to date for construction of this facility is estimated to be as follows: Storm Drain Construction s $99,249.50 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 ihich 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 Aaouat 4304 30.230 $25,695.50 o 4305 63,220 53,652.00 Total $799347.50 y i �o t q y Net Refundable : $190 902.00 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 Number 6A in the future, the drainage fees they pay will be distributed -2- • 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 paynent of refund by reason of its failure.to collect or receive from any person or entity the draizage 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 facibities within the drainage area, City may allow j 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. 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 conourrent 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 construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it.becanes necessary to institute legal proceedings, either by the City or ty 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 any of the partie a. 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. . -3- DATED: -AL , 1965 CITY OF HUNTINGTON BEAC$ A municipal corporatioe 0 S!"M; 1 7-AS TO 1r S i AsstJ OU# AttorSMT SOUTH SNORES. / 7 87 i , STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On this day of � i 1965 , before me a Notary Public in and for said County and State, personally appeared �d0 Z2 -t�. known to me to be the Mayor andw���� known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation t:at executed the within instrument, known to me to be the perso::s who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. Notary Pu"alic ! OFFICIAL SEAL ERINESVRA DI FA310 41► NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY STATE OF CALIFORNIA ) • ) SS COUNTY OF ORANGE ) On July 14, .1965 before me, the undersigned, a Notary P;:alic and fc-­ said State, personally appeared KENNETH W. KOLL known to me to be one of of the partnership that executed the wit: i::s ,ru..:e: a:lu acknowledged to me that such partnership executed z::e same . WITNESS my hand and official seal. SEPH W. AIDLIN -�• JOSEPH W. AIDLIN NOTARY PUBLIC - CALIFORNIA CS• PRINCIPAL O;:p r+ F - tl'_ IN . ;.............a LOS ANGELES COUNTY •" My Commission Expires March 14,1968 i EIMKIT "C" ESTIMATE - SOUTH SHORES HOMES (Drainage Cost: and Reimbursement) Areas 6A, 6B & 6C. 1. DO Cost a. Right-of-way 5.71*ac. 0 $15,000.00 = $100,095.00 b. Bushard crossing 9,404.00 c. Edison R/W 12000.00 d. Engineering : 3,000.00 e. Cha nee 1 lining (future) 68,000.00 $1819499.00 2. DO5 - SD1 Cost a. Right-af-way (easement) s $ AoW b. Construction (from west aide of Brookhurst eaater%r)w 40400.00 c. Engineering 20000.00 d. Future (66-inch RCP from DO 5 Channel to Brookhurst�. 46 800.00 e. Engineering & ConUngencies (future) $101 3. Flounder Pump Station Coat a. Station $105,180.00 b. Engineering P.S. . 8,414.40 c. Channel lining (outlet to pump station) . 2 850.00 $116,444.40 4. D%7- Cost a. Right-of-Way ■ $ Nona b. Future (42" RCP from Pump Station to Yorktown) 34020.00 c. Engineering and Contingencies (future) = 8,580.00 $ 42,900,00 5. heap Station to Yorktown, etc. a. Pump Station $140,000.00 b. Storm Drain in Yorktown from Ramp Station to Cannery (D2-SC1 6o" RCP) 480 840,00 4 c. Store, Drains in Torktemn and Cannery (D2--SC1 36" RCP) 60,720.00 d. Engineering and Contingencies 62 00.00 $312,060.00 6. Area Fee - Gravity Drainage (6A) a. Cost D05-SD1 : $101,000.00 +} D05 - 7 9. 0 $191,749.50 b. Acreage served: Tracts 4304, 4305, 5025, 5026 & 4708, Iamb School and area east of Ward between Barfield and Yorktown (2 27 f ae. ) c. Fee: $191 7 9. 0 = $844.71 use $850.00 227 SOUTH SHORES HOMES Page 2 7. Area Fee - Pooped Drainage (6B) a. Coat: Flounder Pump Station and D05-SD2 : $1599344.40 +} x D05 : 90.719. 0 $250tO93.90 b. Acreage served: J Tracts 4852 & 4744, Area w/Brookhurat between Garfield and Yorktown, area S/Yorktowx (173 ± ac. ) c. Fee: $2 0 0 -90 - $1,445.62 we $1,1450.00 173 8. Area Fee - Putped Drainage (60 a. Cost Pump Station, etc. - $3:20060.00 b. Acreage served: Tract 147143, Area, bounded by Garfield,. Cannery, Yorktown, and Newland, and Tract 14805 (253 ± ac.) c. Fee: $312 060.00 = $1,233.43 use $1,300.00 23 * Easement for underground atom drain will not eliminate use of surfaoe; therefore, no cost justified.