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Home My WebLink AboutCRAIG DEVELOPMENT CORPORATION - 1965-05-05a i ry CIE i' FSIUBURSEMENT AORM-?MT copi Water Main THIS AGRB'X�2MNT, datedt this day of % IV-�by and j f�� F3Ei`iIuE1� CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as, CITY CRAIG DEVELOPMT, CORP. 05 East main street stirs, Califoxnit BUILDER, WI'TNESSETH; 'MREAS, Builder has tiled with the Director of Public Works of "the City of Huntington Beach for the extension of a water main and connection thereto for Tract 5128 and Tract 5193 WHEREAS# Builder Ims entered into an agreement with the City of Huntington Beach relating to performing the necessary work,in the construction of said crater line; and WHEMS, Builder has agreed, at his own coat and expense to construct and build said off -site water facility all in conformity with the plans, specificatiot:s and provisions as approved by the Dim, -.tor of Public PlorkBI and 17HERT•'.AS, the construction of said water line shall be in conformity with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating to Boater, and at the completion of said construction and upon acceptance by the Director of PubAo Works as tieing in full conformity with the plans and speoi.- fications approved 1W said Director o Publio Norks, shall be dedicated by the Builder to the City of Huntington Beach; and iA ber 220 a w rl ' )+i� ,'�C-C�SEM .. / roMM+..+...'..r».......urs..«+sis%MwaMMRANat�c'ri<Y.+eawN 4s<.'vt•sYLMS:S , '.i 7 P mmus, the Buis. or shall be entitled under mid sections of the t Mtnt3sagton beach Ordinance Code„ after such constr►nction and dedication of 6 said, water facility to refunds from connection® tV others to said water facility; . N Si�R:.�A'ORg in aid ti of th mi and a emaate (' . Oft, ! con era on a IPA s®s grs heroin conAained, the parties agree as foZlaws: 1. That upon comp3ation of the conettuction of the facility hereinafter described by the builder to the full satisfaction of the Director of Public Works and on its dedication to the City of Hwatingbm Reach, Bt4ldaer shan be entitled to refund from connection fees received '• ;lhe City of Huntington Beach for connections made to said hereinafter ceazrS.bed facility in accordance with the ?rovisions of Chapto 35 of the Huntington Beach Ordinance Code,, 2. The ftoility constructed by Builder and for which refunds area hereby agreed to be paid to Builder is described as follms; Oversize: Broollchurst Street adjacent to Tiacts 5128 and 5193• Offsite: Brookhurst Street from Adams Avenue to the north boundary of Tr4ct 511,73. 3. Builder does hereby acknowledge that he has reaebed .a refund in the form of a credit in the amount of 411 t►8 .65 1 uivw refund of connection fees. 4. That the cost to the Builder for the conetr►sction oG said facility is the sum of s„18$59 50 „« 5. The sxffund to be paid to the Builder under this Agreement is as rollnwss Total Amount, Refundable uru%r Chapter �5 9% x 18,539.50 $16,685.55 Less; Refurd credited by waiver of See on connection im $14485¢65 City lArticipation Net Refundable $5,199.9r 6. No refund payment man be reside by the Clark of the City of Huntington Beach to Su3der until the Director of Public Yorks Shan have carti.fied, in writing, to the City Clerk that Builder is entitled to :a refund for a specific comwsoti.on haling previcuel,,y been made to this particu- lar facility in :accordance with Chapter 35 and the City has ro4sived the fee for such connection. 2. 1 7 s City shall not be lUble for p"f of zefund by reason of its fedlure to collect or roceive ,from any person or entity the +star feet tfowever, City ssreee from an Oda inistyative, legi.elative or qt axi judio al procedure to protect the I.Aerest of DaiIdere etthtr individuals or entities, who have previously constructed water, Wi3it:ies, by the collactiMp of the water J,eee, either prior to or concurrent with the development of properties serviced by said facility, if: a °'bui3.dor who is dove2xVing proM ty whichwin be served by the fhoildi,ty described heroin, is roquirnd, as a condition to the developmenr; of said property to construct meter facili,tieeey. City may anew said Builder credit towards the per acreage fee consistent with this said agreement; City further agmes to furnish a copy of this agreeme& tst the developer of any properties being served by the .facility to which builder is subject to refund under this agreement., 8. Ira the evenh City does not require as builder to deposit the water fee with the City prior to or cc ►current with the develzywnt of properties, in that event City win pra4de in any agmement with aaid builder that said builder is obligated not only to the City but to the builder} :ibhiv duals or entitiea who have previoutsly contributed to the carat of c*ruction of the water facilities; Bald agree:eent a I2X Zurt-he r t provide in the event that it becomes neoassary to Institute lezal proce dings, either by the City or by the WL34er who has previously ace- tribatod. to the Coat of 'r,,atelr f'aclUtle+ma to enforce the rights cf the parties thexwunder, that the prevailing party "U be entitled to mason able attomayes fees; provided homver that the City *WA not to required to pay the avcmrasyn fees . for any of the parties, p M 9. It is understood that the Cit:r is not xegt#f=d to institute legal proceedings to protect the Interest of the ha Llder, bust azny do so, Dated:7...r��...a" p CITY OF MWMTW MOM A municipal a oration, ILL- 7-r 3& ral LTA AMOM AS TO VORMs 1119to STATE OF OALIFOYMIA ) ) an GOVWY OF ORMOR X" CRAIG DEMOPMENT9 C0,111P, Bail br-My E -eer �dit by day of bb,;, �W. gggi—rftary ftb3lf,- -for d' 0,*=tyvaW!"5taJAqPM . r Naly 'Pea 0 NAID P. mvxzrt =Wt the to be tins m4m &Xd PAUL C. knmn to we to be the Gity Work of the City cvt ;Z;tan Bmh, a 8 corpomt16n., the corporation tUt executed the within Instrom* ml ledged to Tdit that *.ey enewted gaid inst=wnt oft behalf of amh a= morpomticao OFFICIAL SEAL ERNESTIMA DI FAMO NOTARY PUBLIC CALlIORMi PRINCIPAL OFFICE IN ORANGE COUNTY STATE OF CALiromu COUNTY OF Ott = MESTINA DI FABIO - 1107ARY MIMIC In and for the County of Onmra, State of California, MY Commission Expires June 26,1965 city.wl - Huntington 136PAh. caw. On this 23rd. , day of AOT11 1965 Word Meg a MotAix7 ftblicp kncaan t 0 ve to be the, to me to be the Searetaryw-Ti;-15F,� empom o —til--n thift 611A thS Within iVk6tr0=At 601 aWMCWUd0'0d to = tl-At they sy muted said instmmut, m bebalf of auoh corporationo L I Doris R. Kiffinsbuck I NotmIry Public - Cgilfornia PRINCIPAL OFFICE IN ORANGE couN-ry t or a 11, Killlkr4b MY Commission- exPl;; M0011 4. IM 410, 0 ..k i 0 P City of Cunfin on Beach P.Q. Box D� CALIFORNIA 92648 ENGINURING DEPARTMENT � December 29 1969 « C0 .. �� Ti1y.0 Honorable Mayor z `L and City Council City of Huntin ton Beaoh r. Attention: Doyle Miller - City Administrator Subject: Reimbursement Agreement No. 120 Construction of Off -site Water Mama at Adams and Brookhurst Gentlemen: /,raig Development Corporatiein (Meredith) constructed the subject water main. Fees in excess of $4,372 50 have been collected from developers vbo have connected to this line and said.sum is refundable Ito thedeveloper per the conditions of the agreement. The above amount is the remaining balance due. It is requested that sum be, reimbursed, the check be made payable to Craig Development Corporation;!, and, the check be returned to this office. for transmittals Very truly yours, + ames `R. Wheeler Director of Public Works JRW.TM:ae ccs Finance Dept, { S b .ww�re:kw.urw,.nw v.wnr+iwr++v i WOW*. ,�►,