HomeMy WebLinkAboutDEACON CORPORATION - 1967-08-07{ �N :^v .; - 1 ,;e o- 1. ,p ".. x .;., ♦ rr-f>i' 'y t ^ti � s t 1 :y'� ,fit , o-�.°t {fi z "'" r :. � F.*
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! �S CITY C' �%4SaX �y a+S'
A.I =Phu.:sa� ration
ORiGiNP�L' C�>f herein .tor ccazmience
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for Master File
° UST RE RETURNED ��
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TO CITY GLER C r n
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1833 t 17th Bast
a Ana' Cs a AL,4
1� V 12 N N$ 's It T H: L
1� !6&�' Buiidev has Vled with the Director of i�'u,b3 c Worko of the
.city of Hunt:Luo l Beach for `the extension of a unter and cmecti on
thereto foar Tract 5�55• �, ,
' .hr -entered �'41'�if1 All ��ML`ii olii�1 `�"�3$ c,.t31' 0::
Huntington Beach reUti g to p►erfoi*ing the necesatary work inn the corAtMC" °
J; tion Of said Water 3ne; andMEOWf .`
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' �r has speed,, at his cost expetse 'to construct
and t� d d said off -site water f+k a ty all in rz=foaosity with the ply'
4pecifi.igiati.cns and prevUdons as a an+e�d by than Director of bli,o 'foarku3
� ' conga-Axcti.oa of said water : . be in' conS,'o*u r ul,
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Us �imUngton Beach Wdisa+ os Ood s,# more part cuUrV Cha it 3� r Ut try
- water' and at the caaVletion :,a odd cone truci i.cun and vporcn Aocepta'Aoe ter tAle
Director of ul�tb]. o W v bo3r fuii. conformity tit the p od 'slpeci.-
fi.castions approved by said rotor of ,PibUc forks# eh&U be dedigated tV the
Ov ilder t4 tho city of Hunt oA kaac; oil
G : *�' the .der sh�I be enti t�qt � psi d rrec of th+e
o
khmtL*t= mach ftdd, ce Qediea � 04 conatructim to dedi,cati on of o „z
said ►ter gacMt�r to �s i�jA omoo l W others to raid mUr
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rtL .w.ir. ,��''-�.rLa•. •� r1lYli't3' '�"71":�1° ° .erii�J�Y °:.`
erutitled to refund from connection fees received -the city of Huntington
Beach for connections made to said hereinafter descr;�,md facility at a rate of
$1,479.89/acre, and in accordance with the aapplicalhl.ae prcviffions off' CAS tar 35
of the Huntington Beach Ordinance Code. (See attached Exhibit "A" for erea.)
2. The fac9.li.ty constructed by Builder and for which rofu;Wd zra+ hereby
agreed uo be paid to Dui lder is described sm fal l oars s
Offsite water mama in Pacific Cost Highw4 for Tract We. 55,55.
3. Builder does hereby acknowledge that he has received a refund in the
form of a redit in the amount of $7 OS.37 IV 'wdver of connection fees in
Tract $555 and ,217.68 by waiver of feet on its undeveloped commercial
property.
4* That the cosh- to the Builder for the conag4ructien of said facility
is the sum. of $1.7,021.65 Plus #973.00 :'or co;worcisl services.
5. The refund to be prAd tay the %ilder under this agreement Is a4l fbllows t
Total .coat of facility s $170021.65 plus coazmoial sturvices
City IWUW3. ;4 cost $8,510.83
Fees for Tract 5555
tithe. IRA05.46,
Total ammut refuudnlal a undor
ohiwter, 35 L 9OX x 1,105.46 .9 4001
Amount due Decors `
Amount raetundabl e 994,91
City share of cost 8,510.85
Comierci.al oervicas 973*00
Loss Decon undeveloped
aomeroW aoratage town~ MI '�ZL68
N#t Heia bursyablo $60261,06
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b® No refund payment aha31 be made by the Clork, of the city of Huntington
Beach to Mder until the Direct -or of ftb.Uc Works shall have certifiedp in
writing, to the City Clerk that Builder is entitled to a refund for a specific
connection 1mving pro-ious3,Y been made to this partia;uler facility in accordance
with Chsptcr• 35 end the City has received the fee for such connections
7,, City shall not be liabli, for pi yzent of refund by romon of its
failure to collect or receive from wV ?arson or entity the water fee* However.,
City agrees from ez administrative., legislative or quasi judicial proced�xre
to protect the interGdt of Builder, either individuals or entities,, who have
previou&ly constructed water Tac;=tiesp by the collecting of the water fees,
either prior to or concurrentwiththe development of properties serviced by
said facility, it a builder V-o is developing property which will, be served
by the facility desextbad hereluv in requiradp as a condition to the develop -
A went of said property to construct water facilities., City way allow said
Builder credit towards the per acreage fee consistent smith �s said agreementj
•
City further agrees to furnish a copy of this Weezent tP, ':he developer of
any prapezties bidng served by the facility to wbich builder im subject to
refund uudw this agreements
8* In the event City does not require a builder to deposit the water fee
with the City prior to or conc=lent with the develolment of properties., in
that said builder is obligated not only to the City but to the builder., indivduals
or entities who have previously comtributed to the coat of censt4ruction. of the
water facilltiesj set d agreement -will further provide that- in the event that
it betimes necessary to institute legal proceedingep either by_'the City or by
the builder, who has previously contributed to the cost a water facilitiesj, to
anforce the rights of the parties thereunder., th,*.t the prevailing party shall
bei entitled to reasonable attorneys fees; provided he--)Yer that the City shaLL
next be requJxa-1 to pay the attorneys fees for wW of the parties,
9. It Is Wulerato-od that the City is not required to institute legal
proceedings to protect the interest of the builder] but W do so.
—77
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4AIIl��MMIYMl1G� ®���IIYe
aAaLsr Main
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No -a daatod this .� Uy of �`>��,�a I' and
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a,wani.cipal, cearg&action
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herelnaft6r for omvenience
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ORIGINAL COPY reforred to as,
_.
for Master File
MUST BE RETUR'N'E
,jV CITY CLERK Oaawmw
1833 roast l7th,.:3treet
1
lid I "T H I S 0 R 'G H
W=Wj, Builder ha:s ed with the lector of ftblia >Worlm o.' the
My"of H=tiaag,= Baach for the:.extension of a sewar main and cwAeeti=,
thereto car Tract NO,5�
WHZ=S, Wilder has entered into w1 agreement. with the city of
in the
Hunti ngt4n Beach relating to perfor the necessary Vork a*"t=C—
tion of said sewn' line; and
`agreed,'
1
www, Wilder has . at hi.s *.Vn cost and expense to Construct
and bd2d!. aai d off -site sever z'010--i ity all. i n eoao= tY 'with the Planag
pacs;Lf3.cat one, and provisions its appro"dl tV the Director of PatbUc Worlca;
'
and
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,
,.
WHEMAS, the canetruction of said sewer line ah&U be in contor oily
f�
the', l£uttti ugton 'Mach recgai raments n l atix�g to easrer and at the compl e-
1.
Lion. of said construction and upon accaptAncc Qy the Director of 1'ubltc, works
f�
as being in ful3. conformity With the arid sped, cations approved b/
said Xre.ctor of Public Works, shall be dedicated by the Wilder to the city
of Huntington Beach; w-d
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Mil , the P,u Ider shall, be entitled under this agreement, after such
conatructinn and dedication of said sewer facility to refunde from connections
by others to said sewer faicilitys
TEIZMOUp in consideration of the promises alai the agreements herein
r
contained' the parties agrae as foiolofs2
1. Mat upon completion of the construction of the facility hereinafter
described' by the Builder to the full satisfaction of the Director of Mlic
y
Works and can its dedication to the city of Huntington Beach, P-4:1der shall
be entitled to refund from connection fees received %y the city of Huntington
Y
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Blsaeh for connections made to said hereinafter described Zacility ate mete
of $lsOl2.98/sore and in accordance with the pppli.cable prbvislons of Chapter
36 of the Huntington Beach Ordinance Code. (See attached Ekbibit a®" for area.)
2e The facJJity conatrueted by Builds.* and for which refunds sale hereby
c eed to be paid to Bui.`der is described as followas
Affsite sewer maim in Pacific Coast Highwaq for Tract 5555e
3. Builder does hereby acknovIedge that he has received a refund in the
form of a credit in the amount of 88,1406.99 by waiver of connection fees for
Tract 5555 and his uadevel bped, couemercial. Wes.
6 That the cost to the Builder for the construction of said facility
is the am of $40.9014.82 plus #1 27?.Oo for comm . cisl laterals
50. The tafund to be paid to they Builder binder this Agreement is as
follows
Total, cost of facility $$�4o,o..U.82 + Comes. Sep v.
City share of cost-20,0O7.41
Becon reimbursement share of system 20,007.41
�!
Refund credited by waiver of fees -8.ho6.99
R
Subtotal. 9600— 4c + Ccnk 8erva
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.
Total amount refundable under
Chapter 36 • P% x s '•y2. $10,l4L40e37
Add cost of commercial laterals 1
..+�Y.r.F
Reimburaduent due ,ej L7b30
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6. No refund payment shall be made by the Clerk of the City of
Huntington Beach to Builder until the Director of Public Works shall have
certi `!.ids in writings to the City Mork that Builder is entitled to a refund
or a speolfi„c connection heaving previous3y been made to this particular
facility in accordance with Chapter 36 and the City has received the fee,Xer
? such coaneeoticn.
7• City shall not be liable for payment of refund . bar reason of its
E failure to collect or receive :rcoa wWperson or entity the sewer fee.
However. City agrees from an administrative., legislative or quasi. Judicial
i
prixedure to protect the interest of Builders either individuals or entities'
who have, previouaV constructed sewer facilities, by the collecting of the
sewer fees a either prior to or concurrent with the development of any property
served by the facility constructed under this agreements if a Builders who
develops property nerved by said facility} is reS%i.reds as a condition of
development to construct additional sever fwilitiamp City may allow said
A
Bmilder credit towards the, per acreage fee consistent with this said Agreement;
i
City further agrees to furnish a copy of this agreement to the developer of
of anyy properties served by the facilities described herein.
Be In the event City does not require a Builder to deposit the sewer
fee.with the City prior to or concurrent with Developments in that event City
will provide in an agreement with said developer that said dev&per is obli-
gated -4ot only to the City but to the Builders individuals or smtit es who
s
have previ.ous3y contributed to the cost of construction of sewer facilities
constructed hereunder said agreement will further provide that in the event
that it becomes nocessary to institute legal proceedingss either by the CtV
or by the Builder who has pre- oualy contributed to the cost of sewer facili-
ties., to enforce the rights of V4 parties thereunder that the prevviling
party shall be entitled to reasonable attorneys fees; provideds howeverp that
lthe City shall not be required to pair the attorneys fees for oxv of the par$iee.
9. at is understood that the City ie not required to institute legal
proceedUWs to protect the intorest of the develor:zs but mW do so.
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