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RESOLUTION NO . 3630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF
MONEY FROM THE DRAINAGE DISTRICT 7B FUND
WHEREAS, the City Council of the City of Huntington Beach
has adopted a budget for the fiscal year 1972-1973 by
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Resolution No. 3503; and
Section 5 of said Resolution No . 3503 specifies the
procedure for authorizing expenditures from the several
special funds mentioned in said Section 5; and
The Director of Finance and the 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 an expenditure in the sum of
Two Thousand Eight Hundred Forty-four Dollars and Thirty Cents
($2 ,844 . 30) is hereby authorized to be made from the Drainage
Di,>trict 7B fund, said sum to be made payable to the Williamson
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Park C_om__ any as full payment of the balance due on Agreement
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N� q. 104
' ! PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 15th
day of January, 1973.
r Mayor
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ATTEST: APPROVED AS TO FORM:
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Myd.w+om,�y
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City Clerk Cit Attorney +
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January 220 1973
Williamson Park Co.
P.O. Box 1169
San Diego, California
Subject: Reimbursement of Remaining
Balance of Agreement No. 104
Gentlemens
Enclosed is a check for $2,844.30 which is the remaining
balance of Agreement No. 104.
Very truly yours,
James R. Wheeler
Director of Public Works
Eric I. Lovejoy
Division Engineer-Water Superintendent
JE.WsEIL:TMsel
Encl.
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� Desired effective date Signed: Approved as to"lability of funds
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June 22,0 1964
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Williamson Park C ampasw
g,c�z BOX F -
Huntington Beach# California
Subject: Heinbursemnt Agreement
Tract 4740
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Docar Firs
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As you know there vas a ]ate c ha roe to your o smeary
from Coxj for construction of the storm drain installed in
conjunction with the subject tract. Transmitted herexit i are
two reimbursement agreements for the monies still due YOW
eomparWe Please execute the agmenents and return same to
this office. So can then submit then to the City Council and
upon their approval return one copy to you.
Very trily yours,
Jame R, Wheeler
Director of Public Sorks
JH';VsJKU:cn
Trans.
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REIMBURSEMENT AGREEMENT
THIS AGREEMENT dated this 17th day of June, 19643,
by and
BETWEEN
CITY OF HUNTINGTON BEACH
a municipal corporation
hereinafter for convenience
referred to as,
CITY
WILLIAMSON PARK CO., a
corporation, hereinafter
for convenience referred to
as,
DEVELOPER
WITNESSETH:
WHEREAS, Developer has 'filed application with the City of
Huntington Beach for construction of a Storm Drain in Cannery Avenue,
as delineated on the improvement pLins for Tract 4740 in drainage area
number 7B
and,
WHEREAS, Developer has, at his own cost and expense constructed
said work all in conformity with the plans, specifications and provisions
as approved by the City Engineer, 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
performed, following the construction of these works, said reimbursement
to be made as agreed herein,
1.
Number 104
NOW THEREFORE, in consideration of the premises and the
agreements herein contained, the parties agree as follows:
1. That Developer shall be entitled to reimbursement for drainage
fees paid at the time of development of lands tributary to this storm
drain; more specifically, but not limited to portions of Sections 6, and
7, T6S R109Y, and a portion of Section 1, T6S R11W, as shown on Exhibit
"A" attached hereto; drainage fees based on this area at the rate of ; 1250.00
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per acre.
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2. That the facility constructed by Developer in Drainage Area 7B
for which refunds are hereby agreed to be paid is described as follows:
"Storm Drain in Cannery Avenue"
3. That the cost.to Developer for construction of this facility is
as follows:
Storm Drain Construction ,► $ 20,706.80
49 That the Developer at the request of and in the best interest of
the City has constructed this facility sized to City requirements, and for
which the City has agreed to participate in the amount of NONE.
5. That the refund to be paid the Developer under this agreement is
as follows:
Total cost of facilities constructed by Developerit %70su,50
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20,706.80 Isar: $17 1.80 in credited fees on developed tracts
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Net Refundable $ 29 975.00 p,.-
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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.
2.
7. If additional users p-rticipate :,.n drainage facilities in
lrair,age area numb"r 7b in the future, the orainalre. fees they pay will
distributed to those individuals or entities, that have pzetiicnis7y ;ur►-
triblited to the cost of the drain, in proportion to the cost corm, by;
each such individual or ent i.t,y.
8. City shall not be Uahle for payment of refund by reason of
its failure to collect or receive from any person or entity the draina,-;e
fee. However, City agrees from an administrative, legislative or quasi
judicial procedure to protect the interest of Developer, either individuals
or entities, who have previously constructed drainage facilities, by the
collecting of the drainage fees, either prior to or concurrent with the
approval of any final maps within the drainage area, if a developer, who
is within the drainage area; is required, as a condition to the approval
of a tentative or a final map to construct drainage facilities within the
drainage area, City may allow said developer credit towards the per
acreage fee consistent with this said agreement; City further agrees to
furnish a copy of the agreement to the developer of any properties in the
drainage area.
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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 con-
current with the approval of the tentative or final map, in that event
City will provide in any agreement with said developer that said developer r;
is obligated not only to the City but to the developer, individuals or
entities who have previously contributed to the cost of construction of
drainage facilities within the drainage area; said agreement will further
provide that in the event that it becomes necessary to institute legal
proceedings, either by the City or by .the developer who has previously
contributed to the cost of drainage facilities, to enforce the rihts of
the parties there under that the prevailing party shall be entitled to
reasonable attorneys fees; provided however that the City shall not be
required to pay the attorneys fees for any of the parties
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. 10. It is understood that the City is not required to institute
legal proceedings to protest the interest of the developer, but may do so.
DATED: , 1964
CITY OF HUNTINGTON BEACH
A municipal corporation
ATZST
Mayor
APPROVED AS TO FOR:
City-
Aso.4Gity Attorney
WILLIAMSON PARK CO. i
V
Y
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STATE OF CALIFORNIA )
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COUNTY OF ORANGE
On this �--� day of , , 19L�, bef ore me.,
a Notary Public in and for said CoutAy and Stete., personally appeared
# known to me to be the Mayor and
known to me to 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 corpo—
ration executed the saTme.
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OFFICIAL SEAL
ERNESTINA DI FA810
tM NOTARY PUBLIC - CALIFO IIA
PRINCIPAL OFFICE IN Otary JPublic in and for saids
ORANGE COUNTY ' County and State
ERNESMNA DI FABIO-NOTARY PUBIC
ht and for the County of orange.Sate o!-Califands
My Commission Esaires June 16, 1965
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4a City Hall-Huntington Beach. CaU
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STATE OF CALIFORNIA )
se 1
COUNTY OF NX2= )
SAN DIEGO
On _July 1 , 1564 before me the undersigned �
a Notary Public, in and for said San Diego County and State, personally' �l
appearad` q� GraQOrV and Constance H, Nelson ,
lmown to me to be the Vice President and the Secretary
of the corporation that executed the within instrument, and also known to me "
to be the persons Mho executed it on behalf of such corporation, and aoknow-
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lodged to me that ouch corporation executed the same, and further acknowledged
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to me that such corporation executed the within instrument; pursuant. to its
by-laws or a resolution of its ,Board of Directors•
Notar7 c I
My commission expiers 11 - 26 - 65
DARLANE LAMBERT
MY Com•n caivn h:spire.Nov.26.L96a
DARLANE LAMBERT
yp4 1 NOTARY PUBLIC-CALIFORNIA
'br1P' PRINCIPAL OFFICE IN
!AN Di COUNTY
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