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Home My WebLink AboutPACIFIC SANDS - 1963-03-28 h REIMBURSEMENT AGRKE !{NT THIS AGREE ENT dated this 28th day of Marc}-. 1963 by and BETIOW CITY OF HUNTINGTON BE.CH a municipal corporation hereinafter for conven- ience _referred to as, CITY PACIFIC SANDS, a partnership I ereinafter for conven- ience referred to as DEVELOFER W I T N 3SSrTH: WHEREAS, Developer has constructed id. thin the City of Hiantington Beach a Storm Water Pump Station located on the north side of Atlanta Avenue approximately 50,) feet easterly of Beach Boulevard and has constructed appurtenant Storm Drains and,, WHEREAS, Developer, at hi.s own cost and expense con- structed sz-dd work all 1n conformity with the plans, specifi- cations and provisions as approved by the City Engineer, and, WHEREAS, construction of said -on rk hay been in conformity to an applicable chapter of 'che Huntington Beach Ordinance Code;. and 2 WHEiMS, upon acceptance by the City Engineer and work is hereby deeded to the C'-ty of Huntington Beach, and, 141MIEAS, Developer is entitled in reimbursement for the work performed, following the construction of these works, said reimbursement to be made as agreed herein, FOtry THEM'ORE, in consideration of the premises and the agreements herein contained., the parties agree as follows: 1, That Developer is entitled to reimbursement from d.»ainage fens paid at the time of development of lands tribu- tary to this storm drain; more specifscally, but not limited to, the W-,' of Section 12 and the E2 of Section 11, T 6 S, R 11 W; drainage fees based on this area is payable at the time of development at the rate of 61,250.001 acre 2s That the facility constructed by Developer for which refunds are hereby ag_-eed to be paid is described as follows:. Storm drain and appurtenances per plans of "Atlaitt.a Avenue Puma Station and Appurtenant Storm Drains", 3. That the cost to Developer to date for construction of this facility Is as follows: pump Station Construction = $101,281495 Pump Station and Storm Drain Design = 3.2,000.00 Storm Drain Constraction - 65,326,.50 Channel Construction - Dl ExtensJon = LQ., .90818 Total = 221,796.63 That the Developer at the request of and in the best interest of the City has constructed this facility sized to City requirements, and for which the (,ity has agreed to participate in the amount of NONE. 2. That the refund to be paid the Developer under this agreement is as follows: Total Cost of Facilities 221,798.63 Less: Refund credited by construction of Developers tract as follows: Tract Acres Amount i 3595 20.68 ti$�5,850.00 3977 19,95 24$937.50 4094 18a.50 23,125.00 4114 14.02 17,525.00 4409 24,71 30 087850 4649 16-76 202950.00 Total Credit = 0143 27 ®Oo Total 0 78,523=63 Less: Refund made from fees collected from Huntington Beach Elem>.entary School District 20,112® 0 Net Araount Refundaole = $ 589411e13 6. That no refund agreement shall be made by the Clerk of • he City of Huntington Beach - :itil the City Engineer shall have certified to the Clerk, in writing, that the Developer is entitled to a refu-nd. from fees collected for service by this facility, 7. If additional users participate in the "Atlanta .Avenue Storm Drain and Storm Drain Pump Station" in the future, 3• •i t Agent of Partnership) t STATE 01, CALIFORNi 1 ( Ss. CO('N'1'1' 01 t/�t+�.c� e f on 1,-e,z "2� before me, w the underaiyned, a Notary Public in and for said count} and state, w persnnally appeared— US s knomi to me to be the went of the partnership that exceoted the J IL within instrument and ackuorsledged to me that_he—executed the N saune fnr and on behalf of=aid partnership and that said partnership rxecuted the same. WITNESS my hand and official seal f Seal l ,/ Signattarr t \amlj'I�jrfa7t ar�;r'Yntj;{( 23 ^1__ Notary Public in and for said Counts and State i r e the drainage fees they pay will be distributed to those individuals or entities, that have previously contributed to the co.t of the drain, in proportion to the cost borne by each such individual or entity. 8, The City shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the drainaga fee for a development -within this d.ruir:.= a area. y Dated:?) "'/ � � , 1963 CITY OF AUNTY NOTON BEACH a municipal corporation. By Yoe. ATTEST: City Cle z P1a.CTF SA"S— } i v 4 a: . , F STATE, OF CALIFORNIA } } ss COUNTY OF ORANGE } Ort this 3rd day of A-ril, ]Q6�, before me Alice M. Hamilton, a Notary Public, in and for said County and State, personally ap- peared ROBERT M. LAMBERT, known to me to be the MAYOR and PAUL C. JONES, known to me to be the CITY CLERK of the City of Hvilt-- inpton Beach, a mwiicipal corporation, the corporation that exe- cuted the within instrument and acknowledged to me that then ex- P^.uted said instrument on beha. i of such municipal corporation ALICE M. HAMILTON-Votary Public In and for the County of Orange State of California My commission expires Mar.11,1967 i i PE:fFMURSELTNT A GREEMIENT THIS AGRES.71,W1, dated this 28th da,;Y ref March g 1g5 , by and I;ralTdi Ei�l CITY CITY OF IMI TIIiGTON BEACH, a manic ipal corporation herei.nzXt,a. f'o,-.^ conven- ience re,Alrrad to as, CITY PACIFIC SAND"), a partnership BTUI'TER T f T H E S S E T H tPYT.33RF-kS, Bui.?cs'er has 'ilel with Uhc City Engineer of the :ity of ll antiagaon Beach .for the of a grater min and co-nec ti on thereto for .. m.. ce to. , .,Sauds.�� MOMEA S, Bider ham,s en.ei^ed iii.to an are :?ent with the City of fiuntin!�ton Beach re Lazl-ing to perfor r.,;.:- the mt ces,,ja—j work in •t. consti-t,otion of said rater l nG; an. MIER 'AS, L3 ilder has agreed, at his own cost and esp�nse to co"tr._ct and build said off-Site j-pte.c facility all in cw*Xon,.dty with the plane, speoifications and proVISio:.12 as approved b✓ the City Engineer; and niFn..EAS, the construction of saicz ,ate, -line stall .,e in eo:if'oy-i.ty rill th the Huntington Bach Ordi�arce Ccde, r,we p-::r biou:!.arly Chapter 35 re-- la'ing to vrater.. and at the ecmpa:,ti on o::' said c xmtruotion and: upon acceptance by the City Engineer as loin; :in full conformity with the plans and rec:ifioa- Lions approved by said Cl.t�y I nglneez, alia.11 be dedicated by the DuildFr to the City of Huntington and ,LO W 4 a. Off site main ._.. Yorktown Avenue and in Newland Street b. Jversize in Wew and Street, in Indianapolis Avenue and in Atlanta Avenue 17,193.00 40,720-70 _ F 7 i $40,720.70 36,648.63 17,193.00 Less: r, Amovlt previously paid 310.20 Net Refundable 19,765.P3 , L...., I \Hest of I'nrh,c•r-hip I STATE OF CALIFORNIA �l ��t ., before mr, thr undersigned, a ,Notary Publir in and for said county and state. personally appeared_ knotu, to un• to br the agent of the partnership that executed the a „ithin insu•umeot and arknoeeledged to me that—lie—executed the Nunr for and on behalf of said partnership and that said partnership rxrettted the same. Wl TN*E;S nq'hand and official setd. Signature (5call 4 - +.0 8.60Y� +1t?1fT1t9filQPtYJA1IR&�l1Ct.23,-I3n4 ._........,,... Notary Public in and for said (busty and `fate { 4 r 1 V . l { ?3 k _ Y,r. ,: _ .�_ ... .a .. e .. _ i F t Cti F. IN6r0,� CITY OF HUN TING TON BEACH ENGINEERING DEPARTMENT �tirP C>� Huntington Beach, California �1dU1dTy Larch 28,, 1963 Honorabl-- Mayor and City Council City of Huntington Beach Subject: Tract 3595 Pacific Sands Gentlemen: .Attached are two reimbursement agreements, prepared at the request of the developers of Pacific Sands to provide for refiuid as the adjacent area develops. One agreement indicates entitlement to refund for construction of the Storm. Nate:. Pump Station and appurtenant Storm Drains location north of Atlanta Avenue and east of Beach Boulevard. The second agreement indicates entitlement to refund for offsite and oversized water main construction in conjunction with the Pacific Sands development. It is recommended that the City Council accept the agreements and instruct the Mayor and Clerk to execute theme The Clerk should file one copy of each agreement and remit all other copies to this office for transmittal. Very truly yours, �nes n i Beeler ��,,,/// City Engineer Jlri[:HEH:cn Encl.