HomeMy WebLinkAboutSouth Shores Homes - Reimbursement Agreement 126 - Drainage r
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CITE` OF HUNTINGTON BEACH
. . •- ENGINEERING DEPARTMENT
Huntington Beach,California
d1iN1'Y July 15, 1965
Apritc®r #r,11 SY CrTY COUNCIL
Honorable Mayor •.
and City Council ..... .._._.............�,
City of Huntington Beach ...".....
:,� c r.t xK
Attention: Yr. Doyle Miller
City Administrator
Subjects Pile 1) South Shores Tracts
Reimbursement Agreements 121, 122
File 2.) Drainage Areas 6A, 6B 6C
43entlemen.
Transmitted herewith are the subject reimbursetzeat ag ements involving
the South Shores Tracts.
Briefly the agreements state the following:
1) Azreenent 110. 121 -- Construction of storm drainage facilities by
South Shares in conjunction with Tracts 4852 and 4744 (drainage. area 6B)
resulted in an entitlement of reimbursement in the amount of $74)87o.85.
2) Agreement No. 122 - Construction .of storm drainaSe facilities by
South. Shores in conjunction with Tracts 4304 and 4305 (drainage area &k)
resulting, in an entitlement of reimbursement in the amount of $19,902.00.
li; regime�t No. 12 - Assi,(,j,,ns to the City the first funds collected
by the City payable to South Shores under Agreement No. 121 the amount of
. 48,8680C in payment of drainage fetes owed by South. Shores for Tract 4743
(drainage area 6C). This agreement also insures that A pedestrian bride
across the Talbert Channel from Tract 4743 will be constructed when required
by the City. The 'bridge is not necessary nor desirable until the school is
built west of the channel.
It is recommended that the agreements be approved by your Honorable
Body and that the Mayor and Clerk be instructed to execute same.
Very truly yours,
mes R. Wheeler
Director of Public Works
Trans.
A`
A
CITY CLERK'S
-COPY
AGREEMENT
-zaAojPtcxE AgEA G C
THIS AGREEMENT dated this 14th day of July ,
1965, by and
BETWEEN
CITY OF HUNTINGTON BEACH
a municipal corporation
hereinafter for convenience
' referred to as
CITY
SOUTH SHORES HOMES
a partnership
hereinafter for convenience
referred to as,
BHVELOPER
WITNESSETH:
WHEREAS, City and Developer have concurrently herewith
entered into reimbursement agreements as to Drainage Area
6A, being Reimbursement Agreement Number 122 and Drainage:-
Area 6B, being Reimbursement Agreement Number 121, and,
WHEREAS, pursuant to said Remibursement Agreements
certain monies are now payable to Developer by the City, and,
WHEREAS, Developer owes, as of this date, drainage
fees for Tract 4743 in the amount of $48,868.30 and is also
obligated to construct at its cost a pedestrian bridge across
the D2 Channel from Tract 4743 , such bridge to be constructed
no later than two years from this date, and,
WHEREAS, Developer is required to deliver to City
an easement for the DOS-SDI from the DOS Channel to Brookhurst
Street, and,
WHEREAS, funds for reimbursement to Developer under
Reimbursement Agreement No. 121 for Drainage Area 6B, when
collected, will exceed the amount owing by Developer, to wit
No. 226
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s
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d
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$48,868.30 for drainage- fees for Tract 4743, and,
WHEREAS, the aforesaid Reimbursement Agreements i
i
provide for funds to the City for installation of a
future pipeline across the easement DO5-SD1 from the
DO5 Channel to Brookhurst Street and a future pipeline
southerly from the Flounder Drive .Pump Station to York-
" f
town Avenue .
NOW, THEREFORE, in consideration of the premises
and the agreements herein contained, the parties agree i
as follows:
i
1. Developer does hereby irrevocably assign to
City the first reimbursement funds hereafter received by
the City payable to Developer under Reimbursement Agreement
Number 121 as to Drainage Area 6B up to the amount of
$48,868.30 in payment of and to be applied to drainage
fees owing-by Developer for Tract 4743.
2. In view of the provision by the City for costs
of underground pipline across the easement DO5-SD1 from the
DOS Channel to Brookhurst street and the underground pipeline
southerly from the Flounder Drive Put* Station to Yorktown
Avenue no value has been given to Developer in the aforesaid
Reimbursement Agreements for said easements or rights of way,
and the City agrees to install such underground pipelines
at such time as the City has received drainage fees, in excess
of the said drainage fees for Tract 4743 owing by Developer,
as provided in Reimbursement Agreements Numbers 121 and 122,
sufficient to pay for installation of such pipelines.
• -2-
3. Developer shall either a) deposit. with the City
a bond in the amount of $15,000.00 payable on demand within
two years from this date, which said sum shall be used by the
City for construction of a pedestrians bridge across the D2
Channel from Tract 4743, said bridge to be constructed pursuant
to specifications heretofore established therefor by the City,
any excess thereof remaining over the cost thereof to be paid
to Developer, or b) shall deposit with the City a firm agree-
ment, satisfactory to the city by a- reputable contractor agree-
ing to construct said pedestrian bridge upon demand therefor
by the City at any time within two years from this date, con-
struction thereof to commence no later than 60 days after date
of such demand and to continue diligently until completion, or
c) Developer shall within 30 day3 from this date commence and
diligently continue until completion the construction of said
pedestrian bridge and pending completion of such construction
the City-may withhold from funds payable pursuant to paragraph
4 hereof, the sum of $15, 000.00, which said sum shall be paid
by the City as provided in paragraph 4 hereof upon completion
of said pedestrian bridge.
4. Upon execution of Reimbursement Agreements Numbers
121 and 122 and this agreement by Developer and City and the
delivery to the City of the easement for the pipeline DOS-S81
from the D05 Channel to Brookhurst Street and provision for
construction of the pedestrian bridge across the D2 Channel
from Tract 4743 the City will pay out of reimbursement funds
now available pursuant to said Reimbursement Agreements the
total sum of $51,469.75, said payment to be made to Joseph W.
Aidlin Trustee pursuant to irrevocable assignment of and order
to pay to said Joseph W. Aidlin as Trustee all claims 65
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•
Developer for reimbursement from •the City, duplicate original
of which assignment has heretofore been filed with the City
together with notification of said assignment and order to, pay.
IN WITNESS WHEREOF, the parties have executed this
agreement as of the date above written.
CITY OF HUNTINGTON BEACH
A municipal corporation
B
yor
AA as.,
City C
PRO AS FO
st. City Attorney
SOUTH SHORES
i7 S
f'
By _
Pa tner
-4-
STATE OF CALIFORNIA )
SS
COUNTY OF OPANGE )
On this +A ay of 1965,
before me a Notary Public in and for said County and State,
personally appeared
known to me to be the Mayor and
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.
wz��
Notary Public
1� OFFICIAL SEAL
EIRNESTINA a FABIO
E` NOTAR'! PUBLIC CALIFORNIA
1IPRINCIPAL OFFICE IN
,119 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.
DOSEPff W. AIDLIN
JOSEPH W. AIDLIN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL Oi::ICE IN
LOS ANGELES COUNTY
Mr Commission Expires MuM 14,IM
....W..,..............................,...,.......b.,.,,,,,,,.,,,w.....� .. . ......
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EXHIBIT "B"
SOUTH SHORES HOES
(Status Drainage Cost vs. Drainage Fees)
1. DO 5 South Shores Cost to Date
a. Right-of-Way : $10OP095.00
b. Bushard crossing = 9,404.00
c. Edison R/W = 11,000.00
d. Engineering = 39000.00
Total $113,499.00
2. DO 5 - -SD 1 South Shores Cost to Date
a. Right-of-Way
b. Construction = 40.9500.00
c. Engineering = 2,000_00
Total $ 42,500.00
3, Flounder Pump Station Cost to Date
a. Station $105,180.00
b. Engineering 8,414.40
c. Channel lining 2 8 0.00
Total , $116,444.40
4. Pump Station on Yorktown to Date = None
5. Status Fees (60
a. Cost to South Shores
Do 5 - SD 1 = $ 42,500.00
Do 5 = 569749.50
Total $ 990249.50
b. Fees f or Tracts Served
4304 — 30.230 ac. ® $850.00/ac. . $ 25,695.50
.4305 — 63.120 ac. @ $850.00/ac. = g32652.00
Total $ 79047.50
c. Balance
Cost s $ 999249.50
Fees • 79o247.5O
Balance due South Shores from fees
paid as properties served develop $ 19.9902,00
6. Status Fees 6B)
a. Cost to South Shores
Flounder Pump Station = $116,444.40
Dos 54,749.50
Total $173,193.90
b. Fees for Tracts Served
4852 — 27.847 ac. ® $1450.00/ac. : $ 40,378.15
4744 — 39.962 ac. ® $1450.00/ac. 57,944.90
Total $ 989323.05
1
SOUTH SHORES NUMFS
Pa ge 2
c. Balance
Cost - $173,193.90
Fees 96,323.05
Balance due ,')outh Shores from fees
paid as properties served develop c $ 749370.35
7. Status Fees (&C)
a. Cost to South Shores . $ Nona'
b. Fees for tracts served
470 - 37.591 ac. $3,300/ac. - 48,t!68.30
e. Balance due City 48,868.30
EXHIHIT "C"
ES7IMATE - SOUTH SHORTS HOMES
(Drainage Coat and Reimbursement)
Areita 6A, 6B & 6C
1. DO Cost ,
a. Right-of-way 5.71 ace 0 $15,000.00 = $100,095.00
b. Bushard crossing 9,404.00
a. Edison R/Iff 12000.00
d. Engineering a 3#000.00
e. Cha nne l lining (future) 68`
$181,499.00 `
9 9 7 u y s`v
2. DO - SD 1 Cost
a. Right-of way (easomett.) $ saw
b. Construction (from weet side of Brookhurst eastsr2y)w 40#500,00
.c. Engineering 2#000.00
d. Future' (66-inch RCP from DO 5 Channel to Brookhurst�- 46,800.00
e. Engineering & Contingencies (future) �,70.0_._0_0
g1A,1,000.00
3. Flounder Pump Station Cost
a. Station . $105,180.00
b. Engineering P.S. a 8,414.40
a. Channel. 14misg (outlet to pump station) 2,050-00
a $116,444.40
4. Dp5 = Cost
a. Right-of-Way a f None n
b. Future (42" RCP f rm P=p Station to Yorktown) 34,320.00
c. Engineering and Contingencies (future) _ 84580.00
$ 429900.00
5. Pm Station to Yorktown etc.
a. Rasp Station $1.40 000.00 �
b. Storm Drain in 7orktown from Pump Station s
to Cannery (D2-SCl 600 RCP) . 4BA0.00
c. Storm Drains in Yorktwn and Cannery (D2-SC1
36n RCP) . 60,720.00
• d. Engineering and Contingencies 62 00.00
$3120 060.00
6. Area Gravity Drainage (6A)
a. Cost
D05-01 s $2010000.00
i191,749.50
b. Acreage served:
Tracts 4304, 43050 5025, 5026 & 4708, Iamb School
and am east of Ward between Oarfield and
7osttown (227 1 so.)
a. lee:
$ a $N44.71 an $850.00
SOUTH SHORES HOMES
Page 2
7. Area Fee - Pumped Drainage (6B)
a. Coet:
Flounder Pump Station and D05-SD2 s $159#344.40
x D05 s 0 0
$�50oO93.90
b. Acreage served:
Tracts 4852 A 4744, Area W/Brookburst between
Garfield and Yorktown, area S/Yorktown (173 ± ac. )
c. Fee:
$2 0 09 .90 z $1,445.62 use $10450.00
173
8. Area Fee - Pumped Drainage (6C)
a. Cost
Pump Station, etc. - i312 0 060.00
b. Acreage served:
Tract 4743, Area bounded by Garfield, Cannery,
Yorktown, and Newland, and Trmct 4805 (253 ± ae.)
c. Fee:
$312,060.00 _ $19233.43 use $19300.00
2S3
a Easement for underground atom drain will not eliminate use of aurfaoe;
therefore, no cost justified,
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