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Home My WebLink AboutLisbon Company and Mansion Company - 1961-11-06 (6)REIMBURSEMENT AGREEMENT, THIS AGREEMENT dated this ��day of VOY. b 1 by and BETWEEN CITY OF HUNTINGTON BEACH a municipal corporation hereinafter for cont.en- ienee referred to as, CITY LISBON COMPANY and. MNSION COTVANY hereinafter for conven- ience referred to as, DEVELOPER WI'TNESSETH: 7MREA,S, Developer has filed application with the City of Huntington Beach for construction of a Storm Drain in Sugar Avenue, as delineated on the improvement plans for "Sugar Avenue Storm Drain". and, 7WREAS, 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:., YWREAS, construction of said work has been in conformity to any applicable chapter of the Huntington Beach Ordinance Code, and 7MREAS, upon acceptance by the City Engineer said work is hereby deeded to the City of Huntington Bea,.h, and, WHEREAS, Developer is entitled in reimbursement for the work perforimed, following the construction of these works, said reimbursement to be made - agreed herein, 'WITTHEREFORE., in consideration of the premises and the agree- ments hurei.n contained, the parties agree as follows: V r 39 That upon o m pletion of the bevaloper, to the full sati.sfactiosi 41' tk: 17 .r;r::, �° r u° its being deeded to the City of ff=tinflto entitled to rein, bursemont from, drai fees i-� -*t he zv{ development of lands is lbatax' to this stc d 4-z; but xca��, limited d to, tbo 1,24 of Section L5j. 75S M` AL:; t of said. Section,, drainage fees bated on this area at 4Z.-n 475-5736/acxe. 2. That the facility oonstructed by Developer for r l h a refunds are hereby anted to be paid is described ac fc ov-- Storot drain and appurtenanoes per plan of s"Sa ,v bvenz ltt 3. That the cast to Developer for construction Of this 4. That the TXxllopar at the request of and in the best interest of the Citr has constmoted this faoi.li# sized to City xsquirevients., and, for vbloh the City has aged to participate in. tho ariount of DONE 5. That the ref' nd to be paid the Developer under this agmvxOrAti« y is as frslIrmsz Developer VIII be reimbursed in the azount of t mom., but not limited to, Prea of Tentative Tract 3846,, School site in Tract 3789, School site in Trot �Wj, Co .err l corners at Bolsa Avent and Golden Vest Street, Bolsa Ave. and ri-dwards Street, Sugar avenue and Bfta.rds Street, and, area between SrVnMrick Drive axed. Sugar Avenue ors i Golden West, Street 6,e That no refund agreoment shall be made by the C34rk of the City of Hantirgtoxx Beach until the City &Aginoer chall have cerWied to the Clark., in wri.tiniq, that the Builder is entitled to a. reed .from fees collected ,for service W this fAOi.litY* 7. If additional, users participate in the "Sugmr A,vatue Storm r Drain4 in the futixra, the drainage leas t y pay will be d .str�.ited to a 1. That upon completion of the work' herein described, by the Developer, to the full satisfaction of the City Engineer and on its being deeded to the City of Huntington Beach, Develcper shall be entitled to reimbr cement from drainage fees paid at the t ns_ of development of lands tributary to this storm drain; more specifically., but not limited to s the NEB of Section 15, T5S R11W and the E2 of the NW4 of said Section; drainage fees based on this area at the rate of 0475b5736/acre. 2. That the facility constructed by Developer for which refunds are hereby agreed to be paid is described as follows Storm drain and appurtenances per plan of "Sugar Avenue Storm DrairP. 3. That the cost to Developer for construction of this -acil. ty is $109$548.38. 4. 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 c' NONE. 5 "hat the refund to be paid the Developer under this agreement is as follows: Developer will be reimbursed in the amount of $52,127.61 from, but not :limited to,, Area of Tentative Tract 3846, School site in Tract 3789, School site in Tract 3846, Commercial corners at Bolsa Avenue and Golden West Street, Bolsa Ave. and Edwards Street, Sugar Avenue and Edwards Streets and area between Brunswick Drive and Sugar Avenue on Golden West Street. 6. That no refund agreement shall be made 'by the Clerk of the City of Huntington Beach until, the City Engineer shall have certified to the Clerk, in writing, that the Builder is entitled to a refund from fees collected for Oervice by this facility. 7. If additional users participate in the "Sugar avenue 5 orm Drain" in the future, ,the drainage fees they pay will. be distributed to o, those individuals or entities,, that have previously- contributed to cost of the drain,, in proportion to the cost borne by each such �ividual or entity O v (" ' 1961 ATTEST: C-2,1",ee l? .yC exk41 A STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. �On this..._..» 6.t ..�. � .day of &:V`e3Ylbt:r........ .......... 19.6.l'before me •... 0.a.•..... Th.Q2?g .....«, a Notary Public in and for said o county and state personally appeared... G,e0.rge-.R.,..&Mt........... ' b known to me to be the ,..., .President, and„...... ......... _.. _» .......I known to me to be .»,... P, ,, Secretary of.................`5hu'C`la.:-*....Q.-O ;parati-oX7 , the w� corporation that executed the within instrument and known to me to be the a persons who executed the within instrument on behalf of said corporation, a said corporation being known to me to be one of the partners ofZ!aRQN C014 ?AM....... the partnership that executed the within instrument, awl, acknowledged to me that such corporation executed the same as such r' Iner and that such partnership. executed the same. WITNESS my hand a oifical (Seal), .............. Notuy' PYF14 ftd xxul cuuty and 5tat. MY CoMM1;SI''Jbt EXPIRES'Jl1U1�'�t'l�.I�G�$ CITE' OF HUNTINGTON MACH a municipal corporation By Mayor T ISBON COMPDX� a partnership by Thurles Corporation a partner 4.41 presaaent sst. Secretary MANSION CONPANX, a partnership by Cronus Corporation a partner o. STATE OF CALIFORNIA �, couNTY _or LOS t�NGELES � SS. Vice j;& dent On this.,.µ,.»6±11.... .....1961 before me C . �° w'i. 5�12k?il"'............. a Notary Public in and for said o county and statr, personally appeared C'eOr.. �• Sant known to me to be the 3U.9 President, and ....... _ Assto Secretary x W _Gx'19 �?Tlv,1( Cl known to me to be tho AF3 "3 t ! . i , Secretary of. ..... fa,5?B.aQ..QX�Q;rA "r,-Q)1... . the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, •a said cor oration being known to me to he one of the partners of M ...... o (s 6013ANY , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS (Smy hand an ollicisal cala................. ........ , .... . w �k Wmn,. P„ hlir. in and fnrnnid-rounty and Stat CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT 13untington Beach, California June 14, 1963 Honorable ?Mayor and City Council City of Huntington Beach Attn: Mr. Doyle Miller City Administrator "ubjectr Sugar Ave. Storm Drain Reimbursenr,nt Agreement Gentlemen We have in effect a reimbursement agreement dated November 6,0 1961 between the City of Huntington Beach and the Lisbon Company and the Mansion Company (Golden West Estates) whereby the developer is entitled to reimbursement for work performed at his cost. The monies to be reimbursed are made available by the collection of drainage fees from other developers. Funds collected which are now available to be reim- bursed amounts to ,210e90. It is requested that your honorable body authorize the refund. of this amount from the Planned Local Draimge Facilities Fund (Sugar Avenue Storm Drain). Transmitted herewith is the Resolution transferring the money. The check_ should be payable to ld soon CCqm�ry and Mansion Company and should be sent to this office for transmii.. '� Ve traly yours, James R. Wheel it ` City ingineer