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William Lyon Development Company, Inc. - Reimbursement Agree
CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Dan Villella From George Tindall Assistant Finance Director City Engineer Subject Request for Payment on Date April 21, 1981 Reimbursement Agreement 70-D7 The Gunston Hall Company, Inc. has requested payment on Reimbursement Agreement 70-D7 . The total amount reimbursable is $43,497. 05. Our records indicate that the City has collected some fees for development in drainage district 7C and that a payment is possible at this time. Would you please review and verify the possibility of a payment. George Tindall City Engineer GLT:DRN: jy 16-114d -__ T- 1-�� AW P 97, I - _ �758 April 1, 1981 City of Huntington Beach P. 0. BOx . 190 Huntington Beach, CA 92648 Attn: Contracts Administrator RE: Reimbursement Agreement 70-D7 Dated February 2 , 1971 Gentlemen: The Gunston Hall Company, Inc. has acquired substantially all of the assets of W. R. Grace Land Corporation in California which was the Assignee of the rights of Wm. Lyon Development Company under the aforesaid agreement. This reimbursement agreement had originally been executed on February 2, 1971 by the City of Huntington Beach with Wm. Lyon Development Company and had been assigned on August 1, 1974 by A-S Development, Inc. , a New Jersey corporation and successor by merger to said Wm. Lyon Development Company. It appears from the files delivered to us by W. R. Grace Land Corporation that the last payment made by the City of Huntington Beach under Reimbursement Agreement 70-D7 6V4 7G') was made in 1977. Since that time, there is no indication of any further contact with your office or any further payments made under the reimbursement agreement. Can you advise us whether it is anticipated that any further payments will be made under this re' ursement agreement. Ve r 1 urs, George, Ma n, J Preside t GFM/sep cc: Wi l vanOldenmark ,yu T hj q30 tg 1 Age e IG y� 3-7 15801 Rockfteld Blvd., Suite A, Irvine, Ce o 714 Telephone (714)855-8288----------,- California State Contractors License 375785 i r � 1 a4, 1 � a CITY OF HUNTINGTON * BEACH r 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 April 21, 1981 George F. Mason, Jr. Gunston Hall Company, Inc. 15801 Rockfield Boulevard, Suite 'A' Irvine, California 92714 Dear Mr. Mason: Subject: Reimbursement Agreement 70-D7, dated February 2, 1971 Please be advised that we do not have any unencumbered funds in the applicable drainage district account for a reimbursement at this time; however, future payments are a possibility and therefore I encourage you to continue submitting annual requests for payment. Should you have any specific questions regarding this matter, please contact Don Noble of this office at 536-5431. Very truly yours, Georg�Tal l City Engineer GT:DN:ps cc: Don Noble April 21, 1981 George F. Mason, Jr. Gunston Hall Company, Inc. 15801 Rockfield Boulevard, Suite 'A' Irvine, California 92714 Dear Mr. Mason: Subject: Reimbursement Agreement 70-137, dated February 2, 1971 Please be advised that we do not have any unencumbered funds in the applicable drainage district account for a reimbursement at this time; however, future payments are a possibility and therefore I encourage you to continue submitting annual requests for payment. Should you have any specific questions regarding this matter, please contact Don Nobl a of th i s off i ce at 536-5431. Very truly yours, George Tindall City Engineer GT:DN:ps cc: Don Noble TOPIC _ FILE NO. �j LEGISLATIVE HISTORY RECORD DETAIL -` ti• DATE ACTION OF COUNCIL OR BOARD - MINUTE BOOK V LUME PAGE OPP B a. .2 F,205, V7 l oo TOPICFILE NO, I 7 it 6�� ; ��� ART-CRAFT BUSINESS FORMS— (7.14) 535-79 • REQ.NO. 412313 DEPARTMENT USE -- M2 ,1 21 10 ,8, 1,2 ,77 I 1 1 1 1 I I-1 IH Imo -: 6 7 Acc't•No. 12 M M D b Y Y M M D D. Y Y 25 78 r 13 18 ' 19 24 f Date Required HUNTINGTON BEACH � A•rERIAL Requested by John Whipple Approval REQUISITION Approved by Contacted PURCHASING For additional information call -� Phone d . Phone 5522 DATE 8Z4,/77 .VENDOR # P.O. # __ E W. R. Grace Properties, Inc. H N 1 D 4463 Birch Street - P i O R Newport Beach, CA 92660 To • F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay & Add: Terms: days • • • •;.. M;.' re ' ' Please are a checkfor $15, 291.. 58 I prepare payable to William Lyon Development Co. as partial payment on Reimbursement Agreement No. 70-D7. Resolution No'. 4498 authorizing this payment is attached. Payment is to be made from the Drainage District 7C Fund. Cash with order. TOTAL REQ. NO. AMOUNT RE'Q. NO. AMOUNT REQ.NO. AMOUNT i 2 3 STATEiiENT OF THE ACTIO14 OF THE CITY COukIL Council Chamber, City "Hall Huntington Beach, California August 1, 1977 M;;=nr Pattinson called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. Present: RartlPtt, "Wieder.. Coen, Gibbs, Siebert, Shenkman, Pattinson Absent: None . On motion by Siebert, second Bartlett, Council directed the City Clerk to read Resolutions 4495, 4496, 4497, 4498, 449.9, 4500, 4501, and 4503, and waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, .Gibbs, Siebert, Shenkman, Pattinson. NOES: None ABSENT: None i RESOLUTION NO. 4497 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON ' BEACH AUTHORIZING FULL PAYMENT TO MACCO REALTY COMPANY ON REIMBURSEMENT AGREEMENT NO. 97." RESOLUTION NO. 4498 - "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF HUNTINGTON J BEACH AUTHORIZING PARTIAL PAYMENT TO WILLIAM LYON DEVELOPMENT ON REIMBURSEMENT AGREEMENT NO. 70-D7." i On motion by Bartlett, second Shenkman the regular meeting -of the City Council of the City of Huntington Beach adjourned at 11:35 P.M. ` to Monday, August 15, 1977 at 6:30 P.M. in the Civic Center, Room B-8 The motion"was passed by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Alicia M_ Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Ronald R. Pattinson City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) SS: City of Huntington Beach) " I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the lst day of August 19 77 WITNESS. my hand and seal -of the said City of Huntington Beach this the 3rd day of A„q„Gt r 19 77 Alicia M. Wentworth City .Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BYtic` '• Deputy I Y, JA ' City of Huntington Beach P.O. BOX 190 CALIFORNIA 93110 U ENGINEERING DEPARTMENT �i July 25, 1977 b � 7 TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE: July 25, 1977 SUBJECT: Refund of Reimbursement Agreement No. 70-D7. STATEMENT Transmitted herewith is a resolution authorizing a partial payment of $15,291.58toWm Lyon Dev. Company on Reimbursement Agreement No. 70-D7 for the construction of Banning Avenue storm drain. RECOMMENDED ACTION Adopt the resolution. ANALYSIS -� In early 1971 Wm Lyon Development Company put up the funds to finance the construction of the Banning Avenue storm drain for a net refundable cost of $43,497.05. Fees in the amount of $15.291.58 have been collected from the area served by the storm drain facilities and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from the Drainage District 7C Fund. HEH:JWW:mc RESOLUTION NO. 4498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT TO WILLIAM LYON DEVELOPMENT COMPANY ON REIMBURSE- MENT AGREEMENT NO. 70-D7 WHEREAS, the City Council of the City of Huntington Beach adopted a budget for fiscal year 1977-1978 by Resolution No . 4479; and Section 5 of said Resolution No. 4479 specifies the pro- cedure for authorizing expenditures from special funds; and The Director of Public Works and City Administrator have recommended an expenditure, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that partial payment of Fifteen Thousand Two Hundred Ninety-One and 58/100 Dollars ($15,291.58) on Reimbursement Agreement No . 70-D7 is hereby authorized to be made from Drainage District 7C Fund to William Lyon Development Company for construction of the Banning Avenue storm drain. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of August , 1977 . ATTEST: Alicia M. Wentworth .cv City Clerk Mayor Deputy City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit Administrator ity At orry� WSA: cs 1. INITIATED AND APPROVED AS TO CONTENT : Public Works e irector 2 . Res. No. 4498 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that 'the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular _ meeting thereof held on the 1st _ day of August 19 77 by the following vote: AYES: Councilmen: Bartlett, W.ieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None The foregoing instrument is a correct copy Alicia M. Wentworth of the original on file in this office. City Clerk and ex-officio Clerk of the City Council of the City Attest..... �,2:...192 ?... of Huntington Beach, California By City Clerk and Ex-officio Clerk of the City Deputy ity Clerk Council of the City of Huntington Beach,Cal. Ry ... �� ? Dann+., USE BALL POINT PEN ONLY PRESS FIRMLY' CASH R — CA RECEIPT -� I.'. o CITY OF HUNTINGTON BEACH ...� ,�,.::ii4!F•� •, �/ � P.O.-BOX 711 :' HUNTINGTON BEACH, CALIFORNIA 92648 - (714) 536-5200 •!. j'. I - CITY TREASURER -_WARREN G. HALL N. DEPT. ISSUING DATE y' °1=t P .'� �� � 1'•:: � i RECEIVED rkOM ��rr`�a�,°.j7_':a� /'x✓c'A.R �1 ADDRESS- '-`���� Cit"%��/.'!C/:�i,.,''j L,-" /1 L/�' `f,••.� >_. ;�� 1 FOR �i^ �`i:=ice r �'1G, c�S 7y7 AMOUNT RECEIVED I.. .•w CASH ❑ CHECK P-�" A.B.A. # 7l 7 RECEIVED BY • a I i ACCOUNT AMOUNT !` r i a ✓, i Y; } ' .�'•.... .. TOTAL -��� r','�� r< _• > . ISSUING DEPARTMENT y� u�*,:., � -F s ..,•. ; - � •'.} Y rs -1 ::if%�`�.w• t r r°�°j•; ( r��,��* b t'f -S- f-_ rSSYS.•T T ',:i+ - �. �, - S s , �:. `} 'a P-- i45. `� � y 1 1`v;:r,• _. A � � ( .. it •' .. .. .. USE BALL POINT PEN ONLY—PRESS FIRMLY \1 : CASH RECEIPT _ sue. CITY OF HUNTINGTON BEACH P.O. BOX 711 .. ._ r , HUNTINGTON BEACH,CALIFORNIA 92648 4r r1�/ (714) 536-5511 CITY TREASURER_WARREN G. HALL DEPT. ISSUING DA E, a� d RECEIVED FROM �!//r� �'Gi• - .. _ _ ADDRESS Tw"�. ..rvK.""y�,S� .,�•..,.c r.�elJ•_;l j�. FOR Nj :li S 0 1 A 5/ 14/76 , � yy Rk� �^ y �77����CCC .{.tr 0 Y�y�y i •ts •:'^�aa'� �'A�""t AMOUNT'RECEIVED . - 5 c•'Y^'f1�V �`v .•��f.^.;4Y;'� CASH Cl CHECK CD""' Cl(1 JIM A.B.A.# IN I RECEIVED BY ACCOUNT AMOUNT " �lj 'stix .:i' L. -?�'.n3 c=h:P n:!s o - - - r'a`'_-: '`` h `�_w-r•.-1• .r TOTAL :I ° t, or) ISSUING DEPARTMENT o. 1 ^''„e"¢-.:;'.W; �,..� -..:..:_.r v�' ...iv�-:- '....� _ .'-..•r.=•b.,_ .s -r: -:a.i '.sr. ,-w r•.. _ �.-.+�••`J.., v'S+-� „. i� y'« �' i µ ����':� � � � .. � j - 'fit c,\• a � 1 � a , CASI�CEIPI ,F'3ry �l,y`'••; aa..r:-+.�}- Ya,:, i•�llaif Y"✓"_ •�' .'. CITY OF HUNTINGTON BEACH CALIFORNIA r�'. ,��''�.- •t�•';��'. FINANCE DEPARTMENT j DATE: 7-11-72 i Rec ' d From: Engineering Dept. + �>!;�, ,> .�•,•:� dress . ' .. Amount Rec ' d : Ninety Thousand Five Hundred Seventy-six P �. and 09/100 dollars 90,576.09 _ FOR: Permits, plans, fees and traffic signal repairer r'>- '�- ::�s =---•. ... �-f _ _�....Uf^1k�•4N•1, '14r.3 ".'7 '".e. .�Yr�,'IiZY±1�.; o3 CODE Account Amount A- 6.7. 310 A-312 325.00 .i• ',p,+3`' +�r'•`0`, t ~y=L� rlr,}�rrr _ A-702 -- .20.00 s.s.'_.v •..-y''►?��;jr:'�,v .81 _L- - �� ;r+ ,• W-24.15 5,904.90 W-24.14 50.85 f, L- 0. 4 .101.70 -7 6 18,000.Q• _ ' 570390 3.1.98 act n ... Total 90,576.09 r. Rec ' d By •�:..^''`fi.�'4•"�.sr",Sc�� l'.`�"'R9r a3z�` ;� � �ti�w� ��f r 'a'-:�! �;��.'� :?t :x '..,r< ',va '4�.— '."�..ir,;;•s s$r'r'"`^',�,. -.�r>.i�f��:'-`t• � �.Y'-'”,- '.'^.'. '�1.,.';�"�.r;- ._ - ••fr�1.. •-fir ya:1 d~ + -. - - :..yT- .. .. '•..� -' -_ ` � s "_•-e - � _ r :•-4� - REQ. NO. 'E'A"IMENT USE 4-'.L,3.2- 8 8 . 1 I. 1 H A IQ J 6 Ac:'t No. 12 M M D Y N'l GI D D Y �y :i'� 78 80 13 18 10 24 Date Recl-med H t;.,I 10.%HI At II Public 7 o.r i r,S POATEMIAL Requested by Approval L Approved by Contacted R EQUISITE PFor additional information call John Phone URCHASING Phone—.5 A-31 DATE December 6 , 1978 VENDOR # P.O. V -ice r S E W. 11. Grz P operties, Inc. H N 463 D 1 I . I Birch St. P I 0 R ci,.q)o r 4L: B e a ch, CA. 9 2'6 G 0 T 0 F.O.B. Destination Delivery within Confirm Plus Frt. Prepay & Add: Terms:- days -------- ....... ............. ...... • ------ Partial pay-inent o.-. Reir..Abursement Aurcoment No. 70-D7 from Drainag(-:-, District 7C fund. CASH WIT-11 ORDER $110 TOTAL $ 1120 REQ. NO.- AMOUNT REQ. NO. AMOUNT REQ. NO. AMOUNT 3 4 7 L ART-CRAFT BUSINESS FORMS — (714) 535-7S REQ.NO. 'T/1 L 13 l 7C V X l7 _ DEPARTMENT USE - L �� l l i l I� IH A Q 1 6 7 Acc't No. 12 M M D D Y Y M M D D Y Y 25 78 80 13 18 19 24 >•�� Date Required I HUNTl.%GTON 8rACH i Public Works i MATERIAL. Requested by Approval RGQUI SI• 1 C)IM Approved by Contacted_ For additional information call .7nhn Phone PURCHASING Phone 5431 DATE December 6 , 1978 VENDOR # P.O. # E W. R. Grace Properties , Inc. H • N D 4463 Birch St. P 0 R Newport Beach, CA. 92660 T 0 F.O.B. Destination Delivery within - Confirm Plus Frt. -Prepay & Add: Terms: days la Partial payment on Reimbursement Agreement No. 70-D7 from Drainage District 7C fund. CASH WITH ORDER $1100 F ) i TOTAL $ 1100 REQ. NO. - AMOUNT REQ. NO. AMOUNT REQ. NO. AMOUNT 3 ib REQUEST FOR CITY COUNCIL ACTION Submitted by _ H. E. Hartge �� Department Public Works Date Prepared November 17, , 19 7 8 Backup Material Attached 0 Yes No Subject Reimbursement to W. R. Grace Properties, Inc. City Administrator's Comments Q�7 Approve as recommended. des Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue W. .R. Grace Properties have monies due them under Reimbursement Agreement No. 70-D7 . Recommendation Approve the attached resolution. authorizing payment of $1100 to W.R. Grace Properties pursuant to Reimbursement Agreement 70-D7 . Analysis William Lyon Development Co. financed the construction of the Banning Avenue _storm drain in 1970. The agreement which was entered into with Lyon calls for reimbursement by the City to Lyon from fees collected from subsequent development. Since that time, Lyon assigned to W. . R. Grace Properties all its rights to reimbursement under the subject agreement. Drainage fees have been collected and $1100 is now available for payment to W. R. Grace Properties. Funding Source Payment is to be made from the Drainage District 7C Fund. HEH:JWW:mc , Pio sne a . I. RESOLUTION NO. 4705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 70-D7 FROM DRAINAGE DISTRICT 7C FUND WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for fiscal .year 1978-1979 by Resolution No. 4663; and Section 5 of said Resolution No. 466.3 specifies the procedure for authorizing expenditures from special funds; and The Director of. Public Works and City Administrator have recommended an expenditure from the Drainage District 7C Fund, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council that partial payment of Reimbursement . Agreement No.. 10-D7 in the sum of One Thousand One Hundred Dollars ($11,100) is hereby authorized to be made from the Drainage District 7C Fund to W. R. Grace Properties, Inc . PASSED AND ADOPTED by .the City Council of the City of Huntington Beach at a regular meeting thereof held on the .4th day of December 1978. ATTEST: Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: 01 ty Administrator City Attorney INITIATED AND APPROVED: 4ez::�Z'-'�� irector of Pdblic Works 4SA:bc L1/7/78 PLANNING NING DM 22 SECTIONAL DISTRICT MAP o 19-6-10 = NOTE' ., arrwcora Cn.. nn •• m.1 •o.arrE w+0 of. AOOOTIO MARCH T.126 'a'wir .i°al i�o+o twf c[:iu CITY OF a7r eouNa� ORDINAMCI N0 7e1 GM G+EELC FE-1 E1flo[rc[DISTRICT AMlNOIO IRO.N0. AMEN090 GRO.No. OFFICE.vrssoru WTAcT IHfl MT 10 YUgl1ACTWM MflbCt e•20-60 776 2.20.7) mm wpECn CwIEECUL WIWI I�I�N�i'ING�I,ON BEACH. Ix.S_eo e06 4. 22T C�ro01N^u 1wpotWA IT. -zo•el s:e ..nae x:7e (U�3J7 �o O W V F'S E *ISI e-)-65 1000 1w11[°WLlIK1/WlT 440[IIC[OH,AK/ . - 6•,-66 1055 QYL Lwn Eo u61.1-cl 011ANGII: COUNTY, CALIFORNIA 10,.65 110 12.6-B) 1169 1. •-17-67 1317 — WSACT Ll I .- AMENDED BY ZONE CASE:NO: 10.1e-70 1606 o cn..e.1n ow RB, 17,,65,159.366,116,li7,ei9.66.67,-70•M.71-1.71-I).21-56�72-i�tta'8�79-). 5-)-71 164.3 0 cow-WD-1 al t - e•16-71 166, 1735 {- 7 \I _IF I.01 •p1 RI RI< I I RI a R ¢ RI ° 1 \ RI sIT 4 1 1 L L CR CR 'l d I E RI RI RI J J- /I Q o I CR. ■ �RI R , G ' 0.A _N1 f0E C 2 _ _ 1. FIT a Or / -- RI RI I ! (LUD)LIMITED USE DISTRICT RI ° ' of y `' 1C •r/ } I M I—A �' IT ,r /S. 1 0 ��A • C/11•, Ott � t/ e / u (LUD) % LIMITED cy U S E ' I A` ° `' ; T DISTR CA- IC I O I 1 Aq o i N � \\ C^ \ ` 0 0 C,F-9 O , 041 •� __- r t yh• 61'ca' • Oy \/OO 09 y' y Y Y 20'• 3 29 j ?0P DRAINAGE DISTRICT 7C PLANNING ZONING DM 20 ,SECTIONAL DISTRICT MAP . 18-6-10 NOTE CITY OF ADOPTED ..All ..If60 4 CITY COUNCIL ORDINANCE NO. 760 Dr a -Hall or 9, LEGEND• AYENDE ORD.No AMENDED ORO.No• . HUNTINCTON BEACH 2 4-6 °°° 3-f••1 13°' 1•7'63 fa/ 3•{-f7 130a �117 corwR.n r•c.inue 1a[c+uTKNuIpvAlcr f•a-63 f31 .-il-O 1311 YRRLA r•NA+avaAa aarncr {•5.63 9f2 q•2•a7 r353 R�r+[efBCFWt ooRaRa pMenKi f-19-63 IoOA 2.5.6° 13af A.rca •ao+a[uwu R)-I;._6e . ;;A2;) iA GE COUNTY, CALIFORNIAA :5-ro 64 66 1i a-6A Io55 AMENDED BY ZONE CASE: 6-[e,64 1079 7.69 .549 DNr.s,L..A6 1•4•63 u32 • q39 CM AaQAY r• a[Ac."uTL K NrfIu2L0 ucor•n[NO�N[r 109,221.215.26T,338,l.3.357,•09,A20,A19.158,Slf,St{.66.1, 6.2.68d1,N-at,9{-{{1 10-I6-65 It-8-69 M0 ff. OIL ...6 119586.70.66-67,67-23,87.36.68•4.6{-4,6{-27,99-l0.69.29.69.30,99-39670-2S,71- . lo • UoDa.�3.rl[[R,K 1 _ '556 4-4-88 1197 1•18.71 1622 [ I a•20-66 1216 8-16-7. 1664 [ [ 03.66 123T 11.16-71 1663 I•I7 l LA a.5-Ts .2W AT NTA 5 813-1`6 2101 AVENUE F `RI RI RI Al JR1 .RI RI "RI RI RI '^ RI —�flsr- u•L ..o I 3 •a6NL e C•F—E Z Rly RI R RI RI RI 1=.c,sN N;��N<cNo,;.l _ R am tn2o RI 9W[Rf1f ..-DR- :e o rw.:o.t ea �� �. • .' 1 RI. .--r I.Lo c. : u 0Aa coot ck�; : i t g RI _ RI , 2 - R21 RI rlLi:,;r+uEic. --' °1 .. - _ RI. IR Rri '"c: , wRi&irdrrn•- 1a0a)S-�• x o u R 2 a.. R.2 (( o 1 3 =RI RII $ 6A00RY7c. ._.. - RA-0_i I RIa .1 I VE RAI TA R on ( 1 - R R n$C4 I> C4 - a — ,_:A 2 5-000 R I a...T. _•� RI I RI k .I , 8 U51E i( Y � wuTI D 1 RI 1 _ 1 �� Ga='- RI RI C RIs NIGUEL (,R. R R I 1 r < a rl\t! .`vz N•i•u W fEC•tm 4 1 W RI R. i AM IN R. R3 R I RI a' 1 el NI Al RI AI MIS R3. RI E51• ON ONINANA OR. o R I = - I.RMUDA R MU050 • [ __� 7 = -R,,. Rlr, A. U1 F- LIARAL D - a 1 RI ► I o UL[TRAND RI 3 RI Rt z ` RAPA [ RI s Q - _ a 7 Q AL - RI RI CF- _ I � RI WINNING AVE. �! DRAINAGE DISTRICT 7C ,� Res. 1 4705 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 4th day of December 19 78 _, by the following vote: AYES: Councilmen: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQUL,.)T FOR CITY COUNCIL. ACTION Submitted by H. E. Hartge Department Public Works Date Prepared November 17 , , 1978 Backup Material Attached Q Yes No Subject Reimbursement to W. R. Grace Properties , Inc. City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue W. R. Grace Properties have monies due them under Reimbursement Agreement No. 70-D7 . Recommendation Approve the attached resolution authorizing payment of $1100 to W.R. Grace Properties pursuant to Reimbursement Agreement 70-D7 . Analysis William Lyon Development Co. financed the construction of the Banning Avenue storm drain in 1970 . The agreement which was entered into with Lyon calls for reimbursement by the City to Lyon from fees collected from subsequent development. Since that time, Lyon assigned to W. R. Grace Properties all its rights to reimbursement under the subject agreement. Drainage fees have been collected and $1100 is now available for payment to W. R. Grace Properties. Funding Source Payment is to be made from the Drainage District 7C Fund. HEH:JWW:mc P10 3/78 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 70-D7 FROM DRAINAGE DISTRICT 7C FUND WHEREAS, the City Council of the City of Huntington Beach has adopted ,a budget for fiscal year 1978-1979 by Resolution No. 4663; and Section 5 of said Resolution No . 4663 specifies the procedure for authorizing expenditures from special funds ; and The Director of Public Works and City Administrator have recommended an expenditure from the Drainage District 7C Fund, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City. Council that partial payment of Reimbursement Agreement No . 70-D7 in the sum of One Thousand One Hundred Dollars ($1,100) is hereby authorized to be made from the Drainage District 7C Fund to W. R. Grace Properties; Inc . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of November, 1978 . ATTEST: Mayor City Clerk REVIEWED" AND APPROVED: APPROVED AS TO FORM: City Administrator } City Attorney INITIATED AND APPROVED: r Director of Public Works WSA:bc 11/7/78 No. . STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH .) I., ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the . City Council of said City, do hereby certify ,that :the whole number of members of the City Council of the City of Huntington Beach is. seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the day of , 19 , .by the following vote: AYES.: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the 'City . of Huntington Beach, California tA4 0' CITY OF HUNTINGTON BEACH o" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From F. B. Arguello Director, Public Works Director of Finance Subject Request for Payment Date October 31 , 1978 RA #70-D7 Your request dated October 6, 1978 for payment to W. R. Grace Land Corp. in the amount of $1 ,100.00 on Reimbursement Agreement No. 70-D7 has been approved. Please prepare and submit a material requisition for payment. F. B. ArgLallo Director of Finance FBA/WL/cg (DECEIVE ® oMpT. OF PUSUC WORKS 0 CT 31 1978 HUN"NwrON BEACH. CALIF. WHITE-CITY ATTORNEY- . BLUE-CITY CLERK A' d CITY OF HUNT[xv GTON BEACH No. GREEN-CITY ADMINISTRATOR il Y CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 11-1-78 John Whipple Public Works A INSTRUCTIONS: File request in the City Administrator's Office quickly as.possible but not.later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must 1 be cleared and approved by the Director.of Finance before submitting to City Administrator's Office. Preparation of 00=00CHNX Resolution is hereby requested: t Authorizing payment in the amount of $1100 payable to j W.R. Grace Properties, Inc. as partial payment -on Reim- bursement Agreement No. 70-D7 . Payment is to be made from Drainage District 7C fund. i f I Desired effective date Signed: Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank B Arguello From H. E. Hartge Subject Request for Payment Date October 6 , 1978 on RA #70-D7 Attached is a letter from Genge Mooradian, W. R. Grace Land Corp. , requesting a payment of $1100 on .Reimbursement Agreement No. 70-D7 from Drainage District 7C. Also attached are the cash receipts indicating the amount of fees received. Our records indicate that the City has collected drainage fees in the amount of $16 ,918 from developers whose projects are served by the subject facilities. Subtracted from this amount is $15 ,291. 58 for a payment made to Grace Co. in August, 1977 . Therefore, the amount that is available for payment should be $1626 .42 . Please begin your review of this agreement and let me know if funds are available for payment to W. R. Grace Land Corp. ' H. E. Hartge Director of Public Works HEH:JWW:mc Attach. W. R. GRACE PROPERTIES, INC. 4 4 6 3 BIRCH STREET NEWPORT BEACH, CALIF. 92660 TELEPHONE (714) -540-1620 SUBSIDIARY Or (213) -623-6590 (213) -623-6574 W. R. GRACE & CO. DgP-r. OF PLI�-"' i LL C:a SEp 14 1978 September 13, 1978 HUN-nNoIrCIN BaACH, CALIF. Public Works Director City of Huntington Beach P.O. Box 190 Huntington Beach, Ca. 92648 Attn: John Whipple Re: Reimbursement Agreement for Storm Drain - No. 70-D7 Dear Mr. Whipple, Pursuant to my conversations this date with Mr. Whipple and Mr. De LaLoza, it is our understanding that a reimbursement of funds in the approximate amount of $1,100.00 is available to us at this time. We request that you notify the Finance Director that we are entitled to said refund in accordance with the terms of the agreement. It is also our understanding that the only remaining undeveloped land in District 7C is a 17 acre parcel at the very northerly edge of the district. In the event of development of this parcel a drainage fee of approximately $34,000,00 would be collectible by the City and at that time the balance of any amounts due us would become available. We are appreciative of the information you gave us this date. Very truly yours, W. R. Grace Land Corp. Georg/Moores ian GM/lb cc: F. Carr B. Hendricksen E. Vail CALIFORNIA STATE CONTRACTORS LICENSE NO. 307771 ADDR. No TES--SEE BACK OR ACRES ENGR. AND INSP. W A T E R S E W E R 0 R A i N A G E TRACT FEE DATE i LE R DATE FEE R DME FEE NO. DATE Date 7C f�Lvee Dep. Amt. Paid Tract 7703 Frank Ayres Constr. 7-1-1- 2 53, 144. - O A Tr. 8578 Covington Bros. 2-24- 75 31,91.0. 4752E Tract 8948 S & S .13-4-7( 16 ,302 . 00 �' 9631 &-9621 40- Tammes kle 5-8-78 616.00 Port QI de Dr. R—REFUNDABLE t July 25, 1977 TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE: July 25, 1977 SUBJECT: Refund of Reimbursement Agreement No. 70-D7 STATEMENT Transmitted herewith is a resolution authorizing a partita.l payment of $15,291. 58, Wm Lyon Dev. Company on Reimbursement Agreement No. 70-D7 for the construction of Banning Avenue stn= drain. RECOMMENDED ACTION Adopt the resolution. ANALYSIS In early 1971 Wm Lyon Development Company put up the funds to finance the construction of the Banning Avenue storm drain for a net refundable cost of $43,497.05. Fees in the amount of $15.291.58 have been collected faom the area served by the storm drain facilities and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from the Drainage District 7C Fund. HEH:JWW:mc y1 _ Y: Beach A. y city of Huntington ,u Y - P.O. BOX 190 CALIFORN[A 926Z ENGINEERING DEPARTMENT July 25 , 1977 .TO: Honorable Mayor and City Council .ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE: July 25 , 1977 SUBJECT: Refund of Reimbursement Agreement No. . 70-D7 STATEMENT Transmitted herewith is 'a resolution authorizing a partial payment of $15 ,291. 58to Wm Lyon Dev. Company on Reimbursement Agreement No. 70-D7 for the construction of Banning Avenue storm . drain. RECOY4ENDED ACTION Adopt the resolution. ANALYSIS In early 1971 Wm Lyon Development Company put up the funds to finance the construction of the Banning Avenue storm drain for. a net refundable cost of $43,497. 05. Fees in the amount of $151291. 58 have been collected from the area served by the storm drain facilities and should be refunded from the Drainage Fund. FUNDING SOURCE Payment is to be made from the Drainage District 7C Fund. HEH:JWW:mc '° WHITE-CITY ATTORNEY BLUE-CITY CLERK CITY OF HUNTIi,,..TON BEACH No. GREEN-.CITY ADMINISTRATOR CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION .. Date Request made by. Department 7-8-77 John Whipple 3 Public Works - INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council ` Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of a_n O)y)�p Xc or Resolution is hereby requested: j Authorizing payment in the amount of $15', 291. 58 payable to Wm. Lyon Development Company as partial payment on- Reimbursement Agreement NO.• 70-D7. Payment. is to be made" from Drainage District 7C fund. i II i . I I I I I I Desired effective date Signed: Approved as to availability of funds i 8-1—7 7 Director of Finance f City Attorney— Please prepare and submit printed copies'to this office by: City Admimsrraror CITY OF HUNTINGTORI BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - - - To F. B. Arguello :.From A. De- La Loza Director of Finance Contracts Administrator Subject RA # 70-D7 Date July 6, 1977 William Lyon Development Co. The attached documents reflect. the following:= 1 . Agreement to reimburse William Lyon .Development- Company 2. Request for reimbursement from W. R.' Grace Properties, Inc. 3. Request for payment from Public Works Director_ 4. City Attorney approval to the extent a surplus in fund is available (see Item on checklist) 5. Finance Department Accounting Division verification of District 7C fund balance dated June 15, 1977 Accordingly, I recommend that the request for payment to extent of $15,291 .58 .. be approved on' the attached checklist.% A. De La Loza Contracts Administrator AD/cg ® E C E � V E +' DEPT.OF PUBLIC WORKS I JJL. 7 1977 HUNMNcrrON BEACH. CALIF. REIMBURSEM"NT AGREEMENT ROUTING MEMO/CHECKLIST To: Applicable Department/Division Director From: - A. De La Loza Contracts Administrator Subject: Request for Payment R.A. #. 12 l� `7 . Please review attached agreement and supporting documents in connection with the subject request for payment. Indicate your approval in the space provided prior to routing to the next department/division listed. Department/Division Function Recommendation- (Approval/Disapproval ) 1 . Initiating Department: Public Works M9?4,9 . 2 Contracts Administrator: Log/Distribution �"=�" �"- 5- 7-7 i� LC" ��Z'z'^ •-iL/„�µ_- � G4 -�'�'QG t't!7'r y✓l �.N`�'L( 3• City rney• R K eview and stote' cond�i- / t i on_s for payment -7Y 4. Finance. Accounting Division: Verify revenue 1 � qj)-raroQ,2 5. Contracts Administrator: Compile and submit for approval 6. Finance Director Approve 7• Public Works - Director: Draft transmittal to City .Administrator/ City Council 8. City Administrator/ Approve payment by City Council : * resolution 9. - Finance Department: Make payment and- log Attach comments substantiating recommendation. PY P,E IMBURSEMLN'l.' ACREEMENT FOR'• ' STORM DRAIN - BANNING AVENUE THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON—BEACH, a municipal corporatfon, hereinafter for convenience referred -to as "City", and Wm. Lyon DevelopmenL Company, hereinafter for convenience referred to as "Builder", and WHEREAS, Builder, .pursuant to agreement with City has , at his own cost and expense, constructed a storm drain, hereinafter referred. to as facilities, to serve Builder' s subdivision Tract No. 5424 and adjacent properties in District 7C, and said facili ties have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City,. and have been dedic _ed to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $43,497..05 a storm drain and appurtenances to serve Tract 5424 and Tract 7102 and adjacent prop_-rties, (See Exhibit "A". a.ttached. hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total Job Cost of Facilities "$43,497 .05 Net Refundable r$ +3,.497:05 No refund shall be made by'City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder is entitled to a refund by reason of connection having been made to faci Ili ti.es 1 in accordance with the i'lunti.ngton_lieach Ordinance Code•, and Lhat ;:ity i,:,:: received the fee for such connection. City shall not be liable for payment of refund . by reason olL: its to collect or receive from any person or entity the drainage fee.. iiuwc. er. , C:' ',-.Tg-r.�-�<=,: -F-r'citn--ar--'ac]i�rri s-6a_a-tiv�,--d�.is-.1-a-�i.-v�—cr>>-cl�r,�•4 --j-nil-i,c,;i.,�.t._.;.;.i.::c::i�-:-�-e �GQ ti to_...protect the interesC of developers, either .ind:i.viduals _or__ent.i..t-ies-, _who :ha-ve.--previ:o KY, constructed similar facilities, by__Lh.e__collecting fees, either prior__t.o--•o.r--concurYthL-WiLh the development-, -of.-any property served by the faci Li-.ty-con"s`trucLed -under this agreement. If a developer who develops property served by the facility constructed by Builder is required as a condition of development to consLrucL additional facilities, City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction; City further agrees to furnish a copy of this agreement to the developer of 'any .properties served by the facilities described herein. In the event City does not require a developer. Lo deposit the drainage fee. wiLh the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to depoaL said fee with City; and said agreement will further provide that in the event that it becomes necessary Lo institute legal proceedings, either by the City or by Builder or developers, who have -previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees; .provided, however, that the Q ty .shall not be .required to pay the attorney-fees for any of the parties. It is und�� stead---that-thZ�-Ci`[y is riot�regiiireii- to- iistlute�z��1-Firo�eedross to p r o t e c tt the WITNESS OUR HANDS AND SEALS the day, month, and year appearing below. DATED this day of t i ,- i 19 _ CITY OF HUN.TINCTON BEACH,, W. R. GRACE PROPERTIES, INC. 4 4 6 3 BIRCH STREET NEWPORT BEACH, CALIF. 92660' TELEPHONE - (714) 540.1620 SUBSIDIARY OF (213) -623-0590. (213) •623.6574 W. R. GRACE & CO. October 29, 1976 Mr'. H. E. Hartge Director of Public Works Engineering Department City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Re: Reimbursement Agreement 70-D7 Dear Mr, Hartge: Mr. A. De La Loza, Contracts Administrator for the City of Huntington Beach, suggested that I request reimbursement from your department on the above referenced. Reimbursement Agreement. Therefore, we request that your department notify the City of Huntington- Beach Finance Director that W. R. Grace Land Corporation is entitled to a refund of $43,497.05 on the "Reimbursement Agreement for Storm Drain - Banning Avenue" dated February 2, 1971 . It. is our opinion that all required connections have been made to the .facilities, in accordance with the City of'Huntington Beach Ordinance -Code, and that all connection fees have been received by the City. Therefore, we would appreciate your immediate attention to the. matter. Sincerely, W. R. GRACE PROPERTIES , INC. ( Hendricksen Vice President WMH:sep RECEIVE D CC: A. De La LOZd DEPT. OF PUBLIC WORKS N V 4 1976 HUNTINGTON BEACH. CALIF. ,. CALIFORNIA STATE CONTRACTORS LICENSE NO. 307771 I` CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From H. E. Hartge Attn. Art DeLaLoza Subject Request .for Payment R.A. 70-D7 Date November 24, 1976 Wm Lyon Dev. Company in accordance with reimbursement procedures, I hereby certify the following: 1. That the builder is entitled to refund because the area served by the subject facilities has developed. 2. That the City has received drainage fees in the amount of $101,771. 81 from developers whose pro- jects are served by the facilities. E. Hartge Director of Public Works HEH:JWW:mc CEO@ 1976 Fiance Dept• r, . l INTER DEPARTME:',iT COMMUNICATION HUNIInciun otacn To A. De La Loza From Wayne Lee Contracts Administrator Mark Ambrozich Subject Drainage District Analvsis Date June 15, 1977 Current drainage district balances, as of. 6/15/77, are as follows : District No. Balance as of 6/15/77 D-7 S .33,857. 45 77C 15,291 . 56 9 4yo,ri08.61. These balances do not include interest earned in 1977. Wavne Lr_e Supervisory Accountant WL/cg City of Huntington Beach P.O. BOX 190 . CALIFORNIA 92648 July 5, 1977 W. R. Grace Properties, Inc. 4463 Birch Street Newport Beach, Calif. 92660 Attn: Mr. E. H. Vail , Jr. Corporate Counsel and Assistant Secretary Re: Reimbursement Agreement No. 70-D7 Dear Mr. Vail : The undersigned apologizes for the. delay in bringing you up to date on the progress on the above agreement. To date, there is no. report from .the outside audit firm that made an analysis of the districts. Our internal review of the drainage district funds , however, reveals that -there is $15,291 .58 available at 'this time for payment on your agreement. The request for authorization to make such payment will go to the. City Council in late July. You should, therefore, expect a check shortly thereafter: Additionally, please find enclosed the map of the area served by the facility constructed by your successor in interest. Thank you for your cooperation and courtesies. Sincerely, A. De La Loza Contracts Administrator AD/cg cc: Finance Director Public Works Director W.�.M...� HHeen�dricksen, Vice President, W. R. Grace, Inc. Y, y. " Ta C (�� Date !/— 2 R, A , o- l) IV DUPLICATE Signed i. i• i i i r Date Signed R.aif fm 4S 4GS SEND PARTS I AND 3 WITH CARBONS INTACT. Poly Pak 150 uts14P465 - - - PART 3 WILL BE RETURNED WITH REPLY. v - 6hOm.tle duk'.O . . . . BILL HART`GE 44 G� 101 A oocz� mod_ .D7 '7,1'� P CITY OF .HUNTINGTON BEACH LAM V IJ INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From A. De La Loza Director, Public Works Contracts Administrator Subject R.A. # 70-D7 Map Date January 6, 1977 I have reviewed the City Clerk's file on the subject agreement and find that there is no original map of the area served. There has been a request for payment received and in the absence of such a map, proper analysis is difficult. Please furnish same at your earliest convenience. A. De La Loza Contracts Administrator 0 C .T _ 24 , V� buipt� 1 P DECEIVED DEPT. OF PU91 _IC WOMKS J A N 6 1977 HUMMOMON 6EACK CAUP J� City Huntington of Hunti ton Beach C P.O. BOX 190 CALIFORNIA 92646 January 7, 1977 W. R. Grace Properties, Inc. 4463 Birch Street Newport Beach, Calif. 92660 Attn: Mr. E. H. Vail , Jr. Corporate Counsel and Assistant Secretary Re: Reimbursement Agreement #70-D7 .Dear Mr. Vail : Thank you for your letter of December 21 , 1976 and accompanying documents. As of this date, the accounting firm of Peat, Marwick and Mitchell has not reported to the City on the final outcome of the audit performed on the drainage districts. It would, therefore, be premature for the City to commit to a specific balance due on the subject reimbursement at this time. have, however, prepared worksheets and made an independent analysis based upon available information on the status of the agreement in question. So long as the audit report, when received, does not contain contrary information this data will be forwarded to your office immediately. With regard to the map of the area served (Exhibit "A" of the agreement) there is currently no copy on file. I have, therefore, requested that our engineers prepare one and when this has been ,accomplished a copy will be transmitted to you. Thank you for your patience and anticipated cooperation in this matter. gS' erely, A. De La Loza Contracts Administrator AD/cg R E C E I V E cc: W.M. Hendricksen, Vice President, W. R. Grace, Inc. Public Works Director KEPT.�OF PUBLIC WORKS Finance Director .i N 7 1977 HUNTINGTON BEACH, CALIF. A CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From H. E. Hartge Attn. Art .DeLaLoza Subject Request .for Payment R.A. 70-D7 Date November 24, 1976 Wm Lyon Dev. Company In accordance with reimbursement procedures, I hereby certify the following: 1. That the builder is entitled to refund because the area served by the subject facilities has developed. 2. That the City has received drainage fees in the amount of $101,771. 81 from developers whose pro- jects are served by the facilities. H. E. Hartge Director of Public Works HEH:JWW:mc ( uV l W. R. GRACE PROPERTIES, INC. 4 4 6 3 BIRCH STREET NEWPORT BEACH, CALIF. 92660 TELEPHONE (714) $40.1620 SUBSIDIARY OF (213) -623.6590 (213) -623-6374 W. R. GRACE & CO. October 29, 1976 Mr. H. E. Hartge Director of Public Works Engineering Department City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Re: Reimbursement Agreement 70-D7 Dear Mr. Hartge: Mr. A. De La Loza, Contracts Administrator for the City of Huntington Beach, suggested that I request reimbursement from your department on the above referenced Reimbursement Agreement. Therefore, we request that your department notify the City of Huntington Beach Finance Director that W. R. Grace Land Corporation is. entitled to a refund of $43,497.05 on the "Reimbursement Agreement for Storm Drain - Banning Avenue" dated February 2, 1971 . It is our opinion that all required connections have been made to the facilities, in accordance with the City of Huntington Beach Ordinance Code, and that all connection fees have been received by the City. Therefore, we would appreciate your immediate attention to the matter. Sincerely, W. R. GRACE PROPERTIES, INC. (004 r /000 W. M. Hendricksen Vice President WMH:sep R E C E I V E cc: A. De La Loza DF-Pr. OF PUBLIC WORKS -0 V 41976 NuNnNorolQ Wfl►CFR. CAL1P. CALIFORNIA STATE CONTRACTORS LICENSE NO. 307771 OR:G%-,! COPY fnr File ►��ED REIMBURSEMENT AGREEMENT FOR U_-, STORM DRAIN - BANNING AVENUE 0CLERK THIS AGREEMENT entered into-by and between the CITY OF HUNTINGTON BEACH, - a municipal corporation, hereinafter for convenience referred to as "City", and Wm. Lyon Development Company, hereinafter for convenience referred to as "Builder", and WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a storm drain, hereinafter referred to as facilities, to serve Builder's subdivision Tract No. 5424 and adjacent properties in District 7C, and said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicEted to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as followss Builder has constructed, at a total cost of $43,497.05 a storm drain and appurtenances to serve Tract 5424 and Tract 7102 and adjacent properties; (See Exhibit "A" attached hereto and made a part hereof for a 'map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total Job Cost of Facilities $43,497:05 Net Refundable $43,407.05 No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder is entitled to a refund by reason of connection having been made to facilities :. in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. 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 No. 70-D7 to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, by the collecting fees, either prior.to or concurrent with the development, of any property served by the facility constructed under .this agreement. If a developer who develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities, City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction;City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the drainage fee with the City prior to or concurrent with development, .City will provide an agreement with said developer that said developer.is obligated-, not only io the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder_ to deposit said fee with City; and said agreement wiilfurther provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City .shall not be required to pay the attorney fees for any of the parties. 'It is understood that the City is not required to institute legal proceedings to protecttthe interest of the Builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month, and year.appearing below. DATED this aji day of CITY OF HUNTINGTON BEACH, a municipal corporation_ ATTEST: Mayor City erk P1KnLY0 EV ^.MENT CO., INC. BUILDER ".7AA- #I P R. Ganjls, V e I sident Willa Dean Russell, Assistant Secretary APPROVED AS TO FORM: by RE 1 MSURSEMENT AiiftEE,MENT REVENUE DETAIL Di4, �6 -n i gig- Date Source- Da.te Amount.-. Recei p,t .d Remarks Ake- TY - tY► 1.F .J 7 - 1 2311 TTI August 30, 1974 R. F. Bower, Vice President - Finance W. A. Grace Land Corporation Grace Plaza, 1114 Avenue of the Americas Now York, N. Y. 10036 Subjects Reimbursement Agreement 70-D7 � Dear Mr, Bowers This is to confirse the information contained in my letter of August 21, 1974, regarding the subject agreement, The City policy has been that refunds shall be payable only to the orig- inal applioant or applicants. This policy has recently been reconfirmed due to the large number of reassignments requested as a result of mergers and sales of agreements. Therefore future payments on this agreement must be made payable to William Lyon Development Company, but will be mailed to your office. Very truly yours, H, E. Hartge Director of Public Works HHHsDLCsme W. R. GRACE LAND CORPORATION f GRACE PLAZA, 1114 AVENUE OF THE AMERICAS NEW YORK, N.Y. 10036 TELEPHONE: 212-764-SSSS i August 27, 1974 Engineering Department City of Huntington Beach P. 0. Box 190 Huntington Beach, Calif. 92648 Attention: Mr. H. E. Hartge Director of Public Works Subject: Reimbursement Agreement 70-D7 Dear Mr. Hartge: Thank you for your letter of August 21, 1974 to Mr. E. R. Vail, Jr. acknowledging receipt of Mr. Vail's letter of August 20, 1974 to Mr. Earl Horton referring to the above- referenced subject. Please be advised that future payments pursuant to the agreement should be made payable to W. R. Grace Land Corporation and not William Lyon Development Company. As you indicated, the payments should be forwarded to the undersigned at the above indicated address. Very truly yours, RFB:em R. F. Bower Vice President - Finance cc: Mr. E. R. Vail, Jr. --, OF OF PUaL_I- 4VORK1 aJ u 2 9 1974 HUJ-MNCi:ON BEACH, GAS-��• J� City of Huntington Beach P.O. BOX 190 CALIFORNIA 9260 ENGINEERING DEPARTMENT August 21, 1974 W.. R. Grace Properties, Inc. 4463 Birch Street Newport Beach, California 92664 Attention: . E. R. Vail, Jr. / Subject: Reimbursement Agreement 10-D7 V Gentlemen: Your letter of August 26, 1974,..to Mr. Earl Horton of the City's Finance Department regarding reassignment of the .subject. agreement has been brought to my attention. Future payments pursuant to the agreement will. be made- payable to the William Lyon Development. Company and.mailed to W., R. Grace Land Corporation-, attention R.- F. Bower, 1114 Avenue of the Americas, New York, New York 10036. Very truly yours, H. E. Hartge Director of Public Works HEH:DLC:mc cc: W. R. Grace Land Corp. W. R. GRACE PROPERTIES, INC. 4463 BIRCH STREET NEWPORT BEACH. CALIF. 92664 TELEPHONE - SUBSIDIARY OF 714.540-1620 NEWPORT BEACH W. R. GRACE & CO. 213-623-6590 LOS ANGELES August 20, 1974 �b City of Huntington Beach P. 0 . Box 190 Huntington Beach, California 92648 Attn: Mr . Earl Horton Re : Assignment of Storm Drain. Reimbursement Contract Gentlemen: A-S Development Inc .., successor by merger to Wm. Lyon Development Co . , Inc . has assigned to W. R. Grace Land Corporation all its right , title and interest under that certain Reimbursement Agreement with the City of Huntington Beach titled Reimbursement Agreement for Storm Drain —Banning Avenue, which pertains to Tract 5424 and adjacent properties in District 7-C as dated February. 2, 1971 . Enclosed are dpulicate originals of such assignment and it is requested that receipt -bo acknowledged by the City on one of such original and that such be mailed to W. R. Grace Land Corporation, Attention Mr. R. F. Bower, 1114 Avenue of The Americas , New York, New. York 10036 . It is further requested that all future payments made by the City pursuant- to such agreement and other correspondence pertaining thereto hereafter be dire.ct.ed to said address . Thank you for your cooperation. Ri V � ICJ Very truly yours , OUP4'. OF PUBLIC W®RK0 City V�l AUG 21 1974 E. H. Vail, r . Counsel for '� � B ►cf'. W. R. Grace Land Corporation EHV; sep cc : W. R. Grace Land Corporation Attn: R. F . Bower i k ASSIGNMENT [ THE UNDERSIGNED, does hereby sell, assign, transfer and set over to W. R. GRACE LAND CORPORATION, a New York corporation, 1114 Avenue of The Americas, New York, "New York 10036, its successors and assigns, all right, title and interest of the undersigned in and to any and all refunds and credits to which the undersigned is now, or may hereafter be entitled to under and by virtue of that certain agreement between Wm. Lyon Development Co. , and the City of Huntington Beach titled, Reimbursement Agreement For Storm Drain - Banning Avenue, which pertains to Tract 5424 and adjacent properties in District 7-C, dated February 2, 1971. THE UNDERSIGNED warrants that it is the owner of said agreement free and clear of all liens and/or encumbrances and agrees to defend and hold the assignee harmless and free from all costs or claims arising out of any violations of this provision. DATED: August 1, 1974 A-S DEVELOPMENT INC. , a New Jersey corporation, successor by merger to Wm. Lyon Development Co. , Inc. By President By Asst, cretary Receipt of the foregoing assignment is hereby accepted and acknowledged; on this day .of CITY OF HUNTINGTON BEACH By Title STATE OF NEW YORK ) COUNTY OF NEW YORK ) On August 2, 1974 before me, the undersigned, a Notary Public..in and for said State, personally appeared Richard H.Franc%sknown to me to be the Vice President and E. H. Vail, Jr. , known to me to be the Assistant Secretary of A-S DEVELOPMENT INC. , the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the, corporation, and acknowledged to me that such corporation executed the within.instrument pursuant to its by-laws or a resolution of its board of directors: WIT S han nd offical seal. MARY NE MANONE' �l'Ib'� `��li7be 15O1ONf114f1� Notary Public, State of . ; No. 24-4504651 _ ua.::ed. in l:inas`Q . Cert• filed in;Ncw Vert, Co.. �~ � 61 T z g ny Comm exoros JNarch 30, 1973 ! .`('-.t GNMO ► :onend do •J.d3Q - 4 February Z. 1971 ' William Lyons .beveloTmnent' Company 31�3 Rodhill Avenue P10.. Box 102.9 Costa Hoag CA 92627 Glintleme s The City-.Council of Huntington Beach at its regular meeting held Monday, February 1, 1971, approved a Reim- I a. msnert Agreecaent for the Banning Avenue Storm Drain Reimbursement Agreement No. 70-D7. Enclosed herewith, is a duly executed _copy of said agreement for your files. Sincerely yours, Paul C. =Jones City Clerk PCi Ow Enc. r City of Huntington Beach P.O. BOX 190 CALIFORNIA 62646 ENGINEERING DEPARTMENT January 15, 1971 Honorable- Mayor - .and City Council_ City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement.Agreement 70-D7 Storm Drain Facilities in Drainage District 7C Gentlemen: Transmitted herewith is :Reimbursement Agreement 70-D7 in the amount of $43,497.05 for -master planned storm drains constructed by Wm. Lyon Development Company in District 7C It is recommended that your Honorable Body .approve the agreement and authorize the Mayor and Clerk to execute same. The copy should be returned to this office for transmittal. Very truly yours, r ames R. Wheeler Director of Public Works 4 JRW*:a Trans. e OR GINAL COPY 5ile REIMBURSEMENT AGREEMENT F©R'�''�' ' 1 Y.... T 1NED STORM DRAIN - BANNING AVENUE , C� .��Y CLERK THIS AGREEMENT. entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and Wm. Lyon Development Company, hereinafter for convenience referred to as "Builder", and WHEREAS, Builder, .pursuant to agreement with City has, at his own cost and expense, constructed a storm drain, hereinafter referred to as facilities, to serve Builder's subdivision Tract No. 5424 and adjacent properties in District 7C, and- said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicEted to- City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW,. THEREFORE, in of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a 'iotal cost of $43,497.05 a storm drain And appurtenances to serve Tract 5424 and Tract 1102 and- adjacent properties, (See Exhibit "A" attached -hereto and made .a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total Job Cost of Facilities $43;497.05 'Net Refundable $43,497.05 .No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder is entitled to a refund -by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. 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 No. 70-D7 h J 1 to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, by the collecting fees, either prior to or concurrent with the development, of any property served by the facility constructed"under this agreement. If a developer who develops property served by the facility constructed by Builder is -required as a condition of development to construct additional .facilities, City may allow said .developer credit toward the per acreage fee consistent with thissaid agreement-; and no fees shall be due Builder by -reason of such construction;Ciiy further agrees. to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City- does not require a developer to deposit the drainage fee with the City .prior to or concurrent with development, City will .provide an agreement with said' developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to. -the cost of construction of facilities constructed" hereunder to depost said fee with :City; and said agreement will further provide that in the event that it becomes necessary to institute -legal proceedings, either by the City or' by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing Party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. It is understood that the City is not required to institute legal proceedings to protecttthe interest of the Builder, but may do so''. WITNESS OUR HANDS AND S9ALS the day, month, and year appearing below. DATED this .� day of ;t_ �:<< ,t_ 1 i , 19 i CITY OF HUNTINGTON BEACH,, a .municipal corporation ATTEST: Mayor Ci c y City erk LYO EVE _r%IENT CO. , INC. BUILDER R. Lan is Vi e P sident Willa Dean Russell , Assistant Secretary APPROVED AS TO -FORM: by f r; r: PLANNING Z NING DM 22 o SECTIONAL DISTRICT MAP 19-6-10 . NOn E D ' �.,. .Y L OM["9 AOO1 Fl�r CT�T OF ADOPTED MARCH 7,I960 OF CH To OF WA o rowiHEaciNrE6 CITY 1(Jl such RIGHT of w Y CITY COUNCIL ORDINANCE NO. 754 LEGEND' RI SINGLE FAMILY RESIDENCE DISTRICT AMENDED 01 NO. AMENDED ORD.NO.- R-s OFFICE PRO'ESSIO„AL DISTRICT T T{ MiO-A RESTRICTED MANUFACTURING DISTRICT H t/ TINGTON BEACH 6-20_6D 726 2 2D-73 616. �� NIG„WFA FAMILY RESIDEL asTRICT 12-5-60 604 ��RESIDENTIAL AGRICULTURAL DISTRICT 3-20-61 826 R2 TWO FAMILY RESIDENCE DISTN,1. 9-3-63 1000 R3 LIMITED MULTIPLE FAMILY RESIDENCE DISTRICT 5-4-64 1055 65 ORANGE COUNTY, CALIFORNIA 1167 _.sciencR LINE 12-6-65 II6B AMENDED BY ZONE CASE:NO: IO.19_70 1606 0 c -1 WIT"OIL 3-3-71 1643 DI D NE wlm aL 116, 154,155,159,344,416,527,529,66-67,70-10,71-1,71-13,71-54,72-46, wR 1315 -. 17 7 _I 1664 -3 72 33 2a19 .. _. -.,- ... _ .._.. .. .. .... 20 q le Al \DANNI AyE RI R T CLY z+ R m I 3,ti 2 RI-01 RI-01� RI j I RI AJOL CR. TIKI CR. = p1 R RI i AHIT CR. ANAL CR. $ s Pik R I I 4 W IHo.ON RI m �I I R-5 R2 MI—A U RA•12.33'I I' 1J1 O •IOOD' R.I m L•21909 U o/O P Z / r o4 0 // P o CAS vo T., q oP o l'jy 2 I � O I V I e I u •` 171, R_5 OO J C. Q y0 u j C N F ti U i OC MI F9/V �;CITY of f'w� 0 i c C f h� 6faoN- �S } o tiopf a4 F y o lazo• 4 Or 04'r � . # 70— 7 PLANNING ZONING QM 20 SECTIONAL DISTRICT MAP 18-6-10 NOTE KL gMEN91ON9 ARE IN FEET CITY OF ADOPTED APRIL 4, 1960 M ZONE pHJOMING ANY RIGHT OF WAY 19 INTENOF TO EXTEND TG THE CENTER CITY COUNCIL ORDINANCE NO. 760 of s glcnr of wpY LEGEENN D AMENDED ORD.NO AMENDED ORD,NO. HUNTINGTON BEACH 2-4-62 691 3-6.67 1317 1-7•63 94T 3-6-67 1309 C3,1•RK] COMMUNITY FACILITIES(RECREATIONAL)o13TRICr 2.4-63 951 4-17-67 I}1 7 Fz3L. SINGLE FAMILY PE91OENCE DISTRICT 8-5-63 992 10-2.57 1353 LL_-LF4L.1 T 0 FAMILY RESIDENCE DISTRICT 9-I6-63 1992 Y- GHt41Y COMMERCIAL DISTgILT 5-68 1389 C D 4 10458 4-I5-668 14 cOMMUIrY FACSLO IE91DUA IONALIDIST RICTORANGE COUNTY, CALIFORNIA 4_._64 10458 6- - 122 Fc3l Op1MENI E5 pRIC 1 10-1 P5-4-64 05 448 UNITED MULTIPIE FAMIL N OCSM a-re-64 1079 10-6-69 1529 SETBACX LINEAMENDED BY ZONE CASE: 109,221,275,267,338,343,357,409,420,414458,516,528,66-1,66-2,K-21,66-42,66-69 7-8-65 1152 II-3-69 1539 ® RESICENrIx. AGRICULTURAL DISTRICT 66-70,66-67,67-23,67-36,64.4,66-16,68.27,69-25,69-29, 69-30,69-36.70-25,71-13,71-19,75-6, 4-4-665 1195 3-8-69 1556 -o- coMeR4:D Wrrn OIL 1-4-66 1195 3-2-70 1556 _-._-= DEGniNATES FanaTE STREET 4-4-66 1197 1_18-71 1622 I2 T 6-20-66 1216 8-I6-71 1664 T b 13 14 10-3-66 1257 - 6-16-71 1663 IS IT ATLANTA 9-15 75 2012 AVENUE I L G ORIENT DR R) RI g RI RI RI W RI R I o R l RI DDRNERBROO DR J RI N RI = s RI VRLU61EI.0 I ¢ SLAGNP.LN CF—E X =S= RI RI Ri A RI (GISLER SCHOOL) CF—E PANACEA DR 3 x EFFINGHAM DR CE-R 5 CF-R _ (EDIS'ON HIGH SCHCIM-) ._____ Rl IB20 1320 RI 11$ I \ e N9HDRE� EVY CHAS E ___.. 'gu R ,MONTE CARLa CE ;.:,°� clDRALCONTCCj ° W _ AATER N ' \ -� -� '• JAM CAS P I > ^_� \ A � < R4R7_RDrAL F6 W INDIAN WELLS CP `-""" C M gg vnYD ERaR R I -------• YI})'a--rACIELc: - _ $ _ I Rom$ Y -' RI BROONHA.kF CP i NARBOR ROINT C RI I RI a _ R 2L R 2 & 3 i RI u RI RI BRDOXB4Y CR bHN$TAq CR FC2 m 0 --PEPRERTREE —ERA-O '" RI I Rv- R} AVE RE TTA DR NI I D 8CT D 8—l= I C4 L1 R� RI \ 3I \�\ RI DR �M _A R2 RI RI B IE CR \\ FIA OR z\. \ CR j RI- R I RI \\ \ RI\ Rt� ��• \ ' RI RI RIB NIGU cn.\ R 1 R I R) RI O Y A I 9 IINE N I/2 NW/A SE I/4 SECTION ID RI LAND-1 DR. \ i z 1A CRY , \, MA AHIN DR' \ \R \ QI ICR _R 0I I a \ V R 3 RJ R DESI D MOK ANA DR. IR-E-IDR1 \, Qk8 M A DR. — HUDS N DR.J C' o west R� j, KA I R. CF SEA\ \`� �-.�\ J\W 3 BREE RI MBIE J 3 MAHA 0 RI 3 RI \ FT EN 4r azF j o R \ GU9TR1 I\\\: 3 RI 11 Q KAPAA DR..t \ R I . J I R II DArroNA - g� �J R �,- LOHA DR. ^CF-R a \\ 4 0 ,�© Q R I \ R1� RI \ \ a BANNI Q VE u u \ i W ti �V�D A- S DEVELOPMENT INC. - CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590 December 14, 1973 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, Ca. 92648 Attention: Mr. Darrel L. Cohoon, Administrative Re: Reimbursement Bement 70-D7 Gentlemen: Thank you for your letter of December 12, 1973, outlining the status of the referenced reimbursement agreement. Per our recent conversation, we request that the agreement be amended to allow all payments to be made to "A-S Development Inc. , a New Jersey corp- oration". A-S Development Inc., a New Jersey corporation, is the successor by merger to Wm. Lyon Development Co. , Inc. , and has assumed all assets and liabilities in connection therewith. Kendall Development Co. is not a separate legal entity, but is a division of A-S Development Inc., and A-S Development Inc. has filed a Certificate of Fictitious Name to utilize the name of Kendall Development Co., in accordance with California law. Please call me if you require any additional information to complete the amended agreement. �j Very truly yours, If c� A-S DEVELOPMENT INC. , dba �� G,�� Kendall Development Co./F !� Leonard F. Goodman LFG/np /?_��_7� Vice President P " An American-Standard Company City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT December 12, 1973 Leonard F. Goodman - Kendall Development Company 4463 Birch Street Newport Beach-, California 92664 Dear Mr. Goodman: Regarding our. telephone conversation this morning concerning Reimbursement Agreement 70-D7 between William Lyon Development Company and the City, be advised that ,the agreement is in the amount of. $43,497.05 and is second in line for payment in Drainage District 7G. At this time it would be difficult to estimate when re- payment on Agreement 7.0-D7 might begin because the City is currently planning additions to the Banning Pump Station and cost estimates have not yet been made. However, it seems unlikely at this time that any reimbursement can be anticipated for at least two years and quite possibly longer. I regret that I cannot be more precise. However, repayment is contingent. upon the development of vacant property in District 7C and funds necessary for drainage facility operation and expan- sion. If you have any further questions, please contact me. Very truly yours, H. E. Hartge Acting Director- of Public Works and ity .Engineer Darrel L. Cohoon Administrative Aide HEH:DLC:ae � a 1 + r I, �d c' X!tr r � I r <� - - � ,�/"/' _/�•w- ...'�� /./may _. .. 6� a,�✓yA{!' J�i�r 6 r �rs v���,�2�csJ!'.f"�� � 'G �°sG�'%�r+fir � ��"�./ , 'd ��/.r�-z.�'�'' s.� .�i.G/-L,�/,!Gd �,r - �"C.�r,.c�a�' n saa�� .e•-� <(.�—�,/ "IZ ';F ✓ �' /'� 1, ^��-+ Tj r i� `d y� se,j41 l Ml 4,4 'I I SHELTER DIVISION 3163 RED HILL AVENUE, P.O. BOX 1028, COSTA MESA, CALIFORNIA 92627_(714) 540-9710 January 7, 1971 City of Huntington Beach Engineering Department Attention: Eric I. Lovejoy Re: Reimbursement Agreement Banning Ave. Storm Drain Attached find two (2) copies of referenced agreement executed by officers of the Wm. Lyon Development Co. , Inc. Very truly yours, WM. LYON DEVELOPMENT CO. NC. Leonard F. Goodman Manager, Area-Engineering LFG:s g AnAmerican-Standard Company City of Huntington Beach ®R � P.O.. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 15, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement 70-D7 Storm Drain Facilities in Drainage District 7C Gentlemen: Transmitted herewith is Reimbursement Agreement 70-D7 in the amount of $43,497.05 for master planned storm drains constructed by Wm. Lyon Development Company in District 7C. It is recommended that your Honorable Body approve the agreement and authorize the Mayor and Clerk to execute same. The copy should be returned to this office for transmittal. Very truly yours, ames R. Wheeler Director of Public Works JRW:'I'NI:ae Trans. i • <'j ♦ r rh��W 4 1 rr 2 2 �i�� f y cr ist,-.T pit-'�+e '1 � i•[ry 2 ��k'�=' --��t:- �; tt'f 2 r.'�3'9,a"y+'' -�,.��'�'�d�-S t �}.5�,�ry`�3x�_- = r4- -� h- ' *.`tip -t -y s- . � 2•' 2 3'� _i •*f -•Y'ci •�' tiles 1 1��g _i- : ✓_ '� �„� ? �'.1 Y fl T A ORIGINAL COPY for Master File REIMBURSEMENT AGREEMENT FbYL -'`- ; BED ED STORM DRAIN - BANNING AVENUE TO CITY CLERK THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and Wm. Lyon Development Company, hereinafter for convenience referred to as "Builder", and WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a storm drain, hereinafter referred to as facilities, to serve Builder's subdivision Tract No. 5424 and adjacent properties in District 7C,. and said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have .been dedicEted to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $43,497.05 a storm drain and appurtenances to serve Tract 5424 and Tract 7102 and adjacent properties, (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total Job Cost of Facilities $43,497.05 Net Refundable $439497.05 No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finance Director that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, . and that City has received the fee for such connection. 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 No. 70-D7 . ( A E A. •C_� to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, by the collecting fees, either prior to or concurrent with the development, of any property served by the facility constructed under this agreement. If a developer who develops property served by the facility constructed by Builder is required as acondition of development to construct additional facilities, City may allow said developer credit toward the per acreage fee consistent with thissaid agreement; and no fees shall be due Builder by reason of such construction; City further agrees to 'furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the drainage fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed . to the cost of construction of facilities constructed hereunder to deport said fee .with City; and said agreement wi.11further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the' cost of such facilities, to enforce the rights of the parties thereunder, that the .prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. It is understood that the City is not required to institute legal proceedings to protecttthe interest of the Builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month, and year appearing below. DATED this day of ��� , 197/ CITY OF HUNTINGTON BEACH, a municipal corporation C° ATTEST: Mayor i Cxcy erk LYO EV --4ENT CO. , INC. BUILDER AAA R. Can s, a sident� APPROVED AS TO FORM: Willa Dean Russell ; Assi staht Secretary by 1 REIMBURSEMENT AGREEMEN ' FOR STORM DRAIN - BANNING PIVENUE THIS AGREEMENT entered into by and between the CITY OF HUNT.INGTON BEACH, a municipal. corporation, hereinafter for convlenience referred to as "City", 4 and Wm. Lyon Development Company, hereinafter for convenience referred to as "Builder", and l WHEREAS, Builder, pursuant to agreement kith City has, at his own cost and expense, constructed a storm drain, hereinafter referred to as facilities, to serve Builder's subdivision Tract No. 5424Iand adjacent properties in District 7C, and said facilities have been -constructed in conformity with the plans and specifications approved by the Lrector of Public Works of City, and have been dedirt ed to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follow: Builder has constructed, at a total costlof $43,497.05 a storm drain and appurtenances to serve Tract 5424 and Tract 7102 and adjacent properties, (See Exhibit "A" attached hereto and made a p .rt hereof for a map of the area served) and ha:= dedicated said facilities to Lty. The cc:fund to be paid to Builder under this agreement is as follows: Total .Job Cost of Facilities $43,497.05 NeL Ref.urtdable l $43,497.05 No refund shai_l be. made by City to Builder until the Director of Public Works shall cert-ify in writing, to the Finance Director that Builder is entit:.led t.o a refund by r'-=ason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has rece:l+c d Lhc. fee for _uch connection. Eha.il not i;.- llpble for payment of refund by reason of its failure t r ,l1 ct ur r•::r.(_ tc ; r;)n any person or entity the drainage fee. However, _y a rea= froi`4 an a, ::.i.ni.strative, legislative or quasi judicial procedure a No. 70-D7 ti I t to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities, by the collecting fees, either prior to or concurrent with the development, lof any property served by the facility constructed under this agreement. IIf a developer who develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities, City may allow said developer credit toward the per acreage fee consistent with thissaid agreement; and no fees shall be due Builder by reason of such construction;City further agrees to furnish a copy of this agreement to the developer of any properties served by the. facilit-.i.es described herein. In the. event City does not require a developer to deposit the drainage fee with the City prior to or concurrent withldevelopment, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder. , and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; and said agreement will. furtheriprovide that in the event that it beconies necessary to institute legal proceedings, either by the City or by Builder or, developers, who have previously co�tributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing party ;halt be entitled to reasonable attorney fees; provided, however, that the City shall. not be required to pay the attorney fees for any of the parties. It is understood that the City is not required to institute legal proceedings to protecttthe i.nterc t of the Builder, but may do so. WETNESS OUR HANDS AND SEALS the day, montlh, and year appearing below. DATED this At- day of Fz1fj I , 19 2A �. CITY OF HUNTINGTON BEACH, a municipal corporation I ATT E S'i': Mayor C l, BUILDER h•