HomeMy WebLinkAboutAlbert and Stanley Kallis - Reimbursement Agreement 68-S1 -September 12, 1968
Albert and Stanley Kallis
528 North Palm Drive
Beverly Hills, California
Subjects Reimbursement Agreement 68-81
18711 Beach Boulevard
Sewer Main
Gentlemen:
Transmitted herewith is a check for $5,957.00 which
represents total amount refundable to you per the subject
agreement. Said fees were collected from developers in
the area.
If you have any further questions, please contact
this office.
Very truly yours,
James R. Wheeler
Director of Public Works
Darrell G. Boyer
Division Engineer
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THIS AGREMEB?, dated
ORIGINAL OppY
for Masia FiN
MUST BE RETURNED
TO CITY CLERK
' 'day of br and
i
1 CITY OF HUI+ TINOTON BFACH,
J a municipal corporation
/herminafter for convenience
referred to as,
Albert & Stanley Kallia15M�
528 North Palo Drive
Beverly Hills, California
BUILDER
eIT99SSETH:
WHEREAS, Builder has filed with the Director of P1iAIc forks of
the City of Huntington Beach for the extension of a soarer main and ai rawtian
thereto for 18711 Beach Boulevard
WHEREAS, Builder has entered into an ag:eeesnt with the City of
Huntington Beach relating to performing the necessary worts in tiro construction
of said swrer line; and
WHEREAS, Builder has agreed, at his own cost and expenii to construct,
and build said off -site sewer facility all in conforsoy with th4
specifications and prorvisims as approved by the Director of Public Worla;
and 13�-
OHM S, The construction of said serer line shall bb ' t;p 0a11t�'l.L;f
with the, Huntington Beach requirements relating to sewer, and St-Va-g64p etion
of said construction and upon acceptance by the Director of Public forlm as
being ir.full confor+si.ty with the plant and specifications approved IV said
Director of Public 'Jorke, shall be dedicated by the Ekd der to the City of
Huntington Beach; and `
.. ._ - 1. � _ � - . ay_...,�.,•. � ,..� .� ...,.. ,
WHIMFAS, the Builder shall be entitled under this agreement, after
such cc istruction and dedication of said sewer facility to refunds fram
connections by others to said sewer facility;
NOW, ThWUWM, in consideration of the premises and the agromenft
herein contained, the parties agree as follows:
1. That upon completion of the. construction of the facility here-
inafter described by the Builder to the full satisfaction of the Director of
Public Yorks and cn its dedication to the City of Huntington Beach, Builder
shall b•s entitled to refund from connection fees received by the City of
Huntington Beach for connections made to said hereinafter described facility
in accordance with the provisions of Chapter 36 of the Huntington Beach
Ordinanae Code.
2. The facility constructed by Builder and for which refunds
are bereby agreed to be paid to Builder is described as follows:
1250 feet of 8" v.c. sewer and appertanant work includ-
ing manholes, paving and one 8" x 4" v.c.p. Wye.
3. Builder does hereby acknowledge that he has received a vetlnd
in the form of a credit in the amount of $ 690.00 by waiver of oorsnsotioo Pees.
4. That the cost to the Builder for the construction of sA f ci4ty
is the sum of $ 14, 330.. 00.
,. The refund to be paid -to the Builder under this Agree■w* is
as follows:
Total Job Cost of Facility
Total Amount Refundable under
Chapter 36 ..90% x $ 14,330. 00=
less:
Refund credited by waiver of
fee on conag6tion to lot
Ity Part.i listion
Net Refundable:
= 140330.00
12,897.00
s
J
6. No refund payment shall be made by the Cleric of the Q tv of
Huntine..on Beach to Builder until the Director of PubUc Works sbaU have
certified, in writing, to the City Cle rk that Builder is entitled to a refund
or a specific connection having pmviously been made to this part3enLr
facility in accordance with Chapter 36 and the City has received the fee for
such c onneetion.
2.
t-
7. City shall not be liable for payment of refund by season of
its failure to collect or receive from any person or entity the server fee.
However, City agrees from an administrative, legislative or quasi judicial
proced•tre to protect the interest of Builder, either individuals or entities,
who ha-ne previously constructed sewer facilities, by the collecting of the
sewer 4'ees, either prior to ,or concurrent with the development of any
property served by the facility constructed under this agreement, if a
Huilde..-, who develops property served by said facility; -is required,, --as a.
condit:.on of development to construct additional sever facilities, City may
allay raid Builder credit towards the per acreage fee consistent with this
said Agreement; City further agrees to furnish a copy of this agreement to
the developer of any properties served by the facilities described herein.
8. In the event City does not require a Builder to deposit the
sewer fee with the City prior to or concurrent with Development, in that event
City will provide in an agreement with said developer that said developer
is obligated not only to the City but to the Builder, individualsar entities
'who have previously contributed to the cost of construction of as r facilities
constructed hereunder; said agreement will further provide that in the event
that it becomes necessary to institute legal proceedings, either by the City
or by the Builder who has previously contributed to the cost of sewes. facilities,
to enforce the rights of the : _•,,. ,
gh parties thereunder that the prevailing party
small be entitled to reasonable attorneys fees; provi+dwd, however, that the
City &All not be required to pay the attorneye foes for any of the partieso
9. It is understood that the City is not required to institute
legal proceedings to protect the interest of the developer, but may do so.
'
OME OF HUNTIMMM WACV
A municipal corponti4a,
<r .,
3.
APPROVE,) AS TO FOR?!:
ASSt. C y Attozbey
STATE OF CALIFORRU
sa
COUNTY OF ORANGE
BUILDER
On this A 0' day of Iitt/� ,_ '19109 , before me E -V
a Notary b ic, in a for sa aunty 10 State, POr"SOZ1114Yappe4re[
DONLID P. SHIFLET, kuom to eo to be the Uayor, and PAUL C. JOWp kgola>tto
tie to be the City Clerk of the City of Huatingtbn Reach, a municipal
corporation, the corporation that executed the within instrument and acknw-
hedged to w that they executed said instrument an behalf of such walaiP92
.
corporation.
OH4CIAL S`AL
UNEflMA OI! PA/O
NOTARY PUBLIC
PRINCIPAL OFFICE IN
OLYM COUNTY
STATE OF CALIFORNIA
Be
COUyff iIF Ts la.
ERNESTINA 01 FABIO — NOTARY PUBLIC
in No for the County of OnnBe, Shte of Cdom"
My Commission EXRiM 1um 25, 1"9
City Mal. • F{unt'ngt—3e!'Ch Cdif.
On this day of 191_.Z� before mg, a NW`tla'
ublic,
in and f'oi Fie said C y a a , pers5m7 lly appeared I - 1
known to me
— , known to = -
��,rsa�sthat axwute3 t within instrmgent and aakaoal,edged to me that
they executed said instrument on behalf of such corporation,
OFFICIAL SEAL
_ MWHAEL S. KORNEY
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICB IN
LOS ANGELES COUNTY
MICHAEL S. KORNEY
MY Commission Expires Aug. 26, 1969
i