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Home My WebLink AboutMichael J. Major - Republic Homes Corporation - 1971-07-19ORIGINAL' fir Mister ster File IU J [TURNED CINAERK REIMBURSEMENT AGREEMENT FOR STORM DRAIN CONSTRUCTION � THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACHy a municipal corporation, hereinafter for convenience referred to as "City", and Republic Homes Corporation, and assigned to Michael J. Major, hereinafter referred to as "Builder." WHEREAS, Builder, pursuant to agreement with City has, at his orm cost and expense, constructed storm drain, hereinafter referred to as facilities and sh-'d facili.tie., have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, and City desires to reimburse Builder for a portion of the cost cf the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder- has constructed, at a total cost of $19,410.00 a storm drain and appurtenances to serve Drainage District 10 and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $19,410.00 Less: Refund credited by waiver of fee @ $i,000.00 per acre 9,090.00 f Net Refundable $1.09320.00 i I t t No. 71-D1 r M 1. .. i , . ..I . u No refund shall be made by City to Builder until the Director of 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 facilities in accordance with the Huntington Beach Ordinance Code, and that City has recQived the fee f-.jr such connection. City shall not he liable for payment of refund by reason of its failure j to collect or receive from any person or entity the drainage fee. However. City agrees from an administrative, legislative or quasi ;judicial procedure i to protect the interest of developers, either individuals or entities. who have previously constructed similar facilities. by the collecting fees, either prior to or concurrent with the development, of any property served by the i facility constructed under this agreement. If a developer who develops property t served by the facility con:tru:.ted by Builder is required as a condition of development to construct additional facilities. City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due builder by reason of such construction City furt'ner agrees r F to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the drainage fee with the: City prior to or concurrent with development, City will provide an agreement w9th said developer that said developer is obligated, not only to the City. but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; and said agreement will further provide that in the event that it becomes necessar}to institute legal proceedings. eittler by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder. that the prevailing I party shell be entitled to reasonable attornev fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. i -2- { , c 1 .. ... ... ,. .; .� .. .- ._..... ..-.' .. - ..N .... I- ... . . . ... ... r ..... -... - -........ .. . . -11. . .. ..'-... . .. .., . ...-. -.... - .... a...w .. .. . ...-.1.M ......6 .. ., ..v. M ... ... . ... ...... .. .. .. ... ... .. •. .... ... .. . .... -. ... .... ......w... �.. i.. r.. ... .r..- .r.. ... ... �..... ••.'•Y .i %, �M YY 1'.'f,..�. . q•.••YM:^'.,•rrnr. ..+. .. ..wM fT �'M1 .f I:M ./r.Y.l�4 ...:.f..'..,f l.'4... f......r. w.r.�.. .. ... ...I /f Vf .i r It is understood that the City is not required to institute legal proceedings to protect t'f,e interest of the Builder, but may do so, WITNESS OUR HANDS AND SEALS the day, month and year appearing belw. DATED this jeff day of- -�, 19,' �f t��r ATTEST: City erk APPROVED AS TO FORT! by t CITY OF HUNTINGTON BEACH, a municipal corporation i� r } � ayor - �P�d Y BUILDER .. v -3- i . EXN/61 I T L)RAIMA65 D/57"'R10*10*7 /0,.. ,,,--�.+...w�wlr.w��wwr.vrrrV+.��+•ww�..ww�.nwwwA�A1M11Y�..�M�.�wMAtwlnUVwPM!INIIIY� .� .'.^ 'fir • _. � __ _ . _ _ __ _ _ , __ .�a��iaa� �� +��I� REPUBLIC HOMES CORPORATION 7-' ; 0V,l:;. U! IC% EI:.N✓. SZDL'A9E OPANGE. C:4LIFO;:r.I:. 52r6E 714 547-5!_51 September 10, 1969 Director of Public Works City of Hunting -con Beach P. 0. Box 190 Huntington Beach, California Dear Sir: Republic Homes Corporation has entered into a Purchase Agreement with Michael J. Major, et al, wherein we intend to purchase and develop approximately 9 acres located on the north side of Warner Avenue approximately 900 feet from the center line of Beach Boulevard as shown on the attached assessor's parcel map. We understand that a storm drain reimbursable contract will be i ssu.-d to the developer of the property when the storm drain is completely installed as required by your department. We '.wish tc assign this contract, when issued, to Michael J. Major, et al, and request at this time your acknowledgment that the city wi 1 1 approve an assignment of our total interest in that contract without further instructions froin us. Very truly yours, Z' Dori N. V i e i ra Assistant Vice President Approved: City of Huntington Beach Date, fz le7 DNV:cdd CMc. ' • h F f i City of Huntington reach P.O. box 1V* CAL1WORNIA ENGINEERING DEPAR'TMEN7 July 12, 1971 I HoLtorable Mayor and City Council J City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement No. 71-1.)1 Storm Drain Facilities in Drainage District 10 Gentlemen: Transmitted herewith is Reimbursement Agreement 71-Dl in the amount of $10,320.00 for master planned storm drains constructed by Republic Home Corp. Mid assigned to :Michael J. Major. It is reconxnended that your Honovable Body approve the agreement and authorize the Mayor and City Clerk to execute same. The copy should be returned to this office for trans- mittal. .7Ric:i"M:ae Trans. Very truly yours, Jalmes R. Wheeler Director of Public Wor'.:.s _ ..._ _ _ ___.._. __ -- __ _ _____ _ _ _lb -...........................�.,�.....w....,...__. i .� 1a + It . ' (it ,T 30, loll rn" LO 1811 main ftraat Huntington B**Ax W, 92640 Der W. X' sJor e The fifty Council of Runtirkgr. n Boacho at its raguLar mcwcins ha. d Itntlay, July 19, 1971, a arovvd Rvinkmaerjant 4r om-uomt v 71-DI. for Storm Drain corks -A-Lim tion. finclowui horwith is s, dui. • exwutad acyy of aalu Agraomwt for ;Mur records W7Sinc4rely yours, Faun. C . Janus cipf Clark PWI* Inc# 0 �i 4 , ,t •. , �..�.r •..rw•�, �....� +.AI�.•�w.�•."t Y.1•j � ••••� "• .+�M n. A�Y1�� ff+•++fM M�.Vam•.+�YUYM�..1�.�/�w4'^..�I nn•�wr...Mwrw......ww.w....w�•M�.. M•+�..I.�n�.�.Y��Maw� f � • i .j..wj.wnrwold