HomeMy WebLinkAboutDOYLE DEVELOPMENT COMPANY - 1970-03-03 (8)_i
k
ORIGINAL COP` kJ '
. €for Master Fite a
M U M 'BE RETURNED a CITY CLERK REIMBURSEMENT AGREEMENT FOR
ER
{
A SEWED. PUMP STATION
TVIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACN., a
municipal corporation, hereinafter for convenience referred to as "City" and
DOY,LE DEVELOPMENT COMPANY, hereinafter for convenience referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost and
expense, constructed a sewer pump station to serve Builder's subdivision Tract
No. 5792 and adjacent properties, and said sewer pump station has been constructed
in canfurmity with the plans and specif!oations approved by the Director of
Public Works of City, and has b>'en..derlirated to City and City desires to reimburse
Builder for a portion of the ;;os4 nstruction of said sewer pump station
facility as provided by the ordir_,i"a come a,, ? as ror..terl.y agreed to.
NOW, THEREFORE, in conslCsFzAtiork f the premises and agreementsherein con-
tained, the parties Ire-zo- o cc io lows:
Pursuant to agreement with City, Builder has constructed, at a total cost
of $48,527.36, a sewer pump station and appurtenances to serve Tract 5792 and
sdjacent properties. (See Exhibit "Al' attached 1;/reto and made a part hereof lf,.
_. for a map of the area served) and has dedicated said,'%'facility to City.
The refund to be paid to Builder under this agreoment As as follows:
Builder's cost of facility $3k,,60,0.00
Gross 'refundable Ca 907E per Chapter
' 36, Huntington Leach Ordinance Code 27,900,00
Refund credited by waiver of fee
`i on connection. r 175 per acre
pump station fee only) 6,721.93
Net refundable 21,178.07
No refund payment shall he made :by'.:ity to Builder until the Director of
F 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 facility in {
accordance with the Huntington Beach Ordinance Code, and City has received the
i fee for such connection.
ri�esr I L4Yhb „J tCir a 70ms1
�1
ti
Z.
';nib l �. ^'' i;b• i O
City ohall not be liable for payment of refund by reason of its failure to
collect or receive from any person or entity the sevier pump station fee. iowever,
City agrees from an administrative, legislative or quasi judicial procedure to
protect the interest of developers, either individdals or entities, who have pre-
viously constructed sewer facilities, by the collecting of the sewer feest either
prior to or concurrent with the development, of anv property served by the facility
constructed under this agreement, If a developer who develops property served
by the above U "lity is required as a condition of develcpment to,construct
additional sewer f 1-ities, City may allow said developer credit toward the per
acreage tee consistent with this said agreement; City further agrees to furnish
a copy of this agreemex 6to the developer of any properties served by the facile
ities described herein.
In the event City does not reqrize a Builder to deposit the sewer pump
station 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, individuals or entities who have previously
contributed to the cost of construction of sewer facilities,constructed hereunder
to deposit said fee with City; said agreement will further provide t1-tt in the
event that it becomes necessary to institute legal proceedings, either by the
City or by Builder or 6tber dev6lopersp who have previously contributed to the
cost of sewer facilities, to enforce the rights of the parties thereunder that
the prevailing party shall be entitled to reasonable attorney fees; provided, bow -
ever, 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 proceed-
ings to protect the interest of the developer, but may do so.
-2-
I-p
1
...._.....::r':i�" a[-^a"_xr.:..�.,.....rrxr.._�rxc"�-�r�a.._..:..__..:. .a":,..-...::.�� :.r•:^':����c:-� :---rz-�^�� �-..".v,�.,v,"`:.;.. ,,. :
i
5
i
R
P
1
1
4
e
T
41:4
R Al
ell
1071
'4'rA
r*Usr kWOO
stvast 96"ic Pwo sto.lUeW
leatoA f"M "44"901
PWW statimi tools Owl
s '1904% P"t Stott"#
4a OAS 45104600%
ouly ywrat
J~ffi.
sate to too
Kvisits =M'W
mill
dt
»,
��
��N �
�,�'�