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HomeMy WebLinkAboutC & D Development Company - Reimbursement Agreement 140 - Wa)c January 23, 1970 C and D Development Company 1833 East Seventeenth Street Santa Ana, California 92700 Subjects Reimbursement Agreement #140 Gentlemen: D Enclosed is a check for $4,872.14 as full reimbursement per terms of said agreement, for water main construction in Hamilton and Brookhurst Street. Very truly yours, James R. Wheeler Director of Publit Works Darrell G. Boyer Division Engineer JRW:DGB:TM:mp Enclos. Jamar ' 121, 1970 Honorable Mayor and City Caell City Of Huntington Desch Attentions fayle Miller City* Admivd ltrat©r Subject: Reiztrsment Pgmemnt No. 140 constTucaicn o: Off -site Water main at Tract 5561 and 5560 G.mntlemms C C D �.7a1c ant Ccpany =stmeted the subject water MS&Im a eas 3n the eoun? of $40 S7a o 16 have b,2collected frm davelopers unho balm canuected to this line and sold sm is ze-fundablez to the doveloper par the con-ditions of tha- ae-pea =msava The above m-oust is tha_ r nIng balance on this -Bra=mt. It Is requested that swo be raUft sedg tM chests be made payable to C d D Lem o nt Qmvpcng and the chock be ra�wmad to this office for trap halo VOT steely ywr n o 1 s as MOMICs DIrdctor of Ptblic Worts W0M,gea cc$ Finance Dept, ��it,:3t.TaS+�,':;����;' pit �.'•ili��' �x ter Main M NT, dated thi s Off' —day of ��by arid CITY OF HUivTIWITON .BEACH, __; municipal corporation hereinafter for conve-,deme refievmd to a.�, CITY C & D DEVELOPMENT COMPANY 1833 East 1'7h Street Santa Ana, California BUILDER .7H:1Ii_ A But - de ^ h�s f-"ed ; th the Director of Public 'iiorks of the i,�..i i.:; rh �._.crh fo-.-- the ext nsion. of a wrater min. and connection Sher=to :':xr Tract 5560 and 5561. ;f►.s,..._ _.;, A; l,ic:,7 has ehhtered into an ar-MeEv..t. with the City of :iunLin"'7t--n it:_:ch i :'."+.•ii: Lrz p,',- imiiyv: the necessary work in the construction has a..r:re "J., at his own cost and expense to constrict -:'n ! :»" .1i_C, Said of--C'J.CV' e ,Pater f tc? li .-, all In confoi,'rity with the plans, ind, p-ovisions as 3.)T)I o'ved b;r the Director of Flubllc `iorksj ;and co. sty action of said :later line sha-1 be in eorSormit . Av' L:-: th-e Ordinarce Code, more particularly Chapter 35 relating r:ater, aril ,.. -he .-onpletio:: of said. const:-action a,Id upon acceptance by Ahe Director of :+c.•k-3 as ink :.n 11:11 ccnfcnaity -mith the ;Mans and spec_;-, :). dedicated �.)y r 1 L � 1 .7HERFAS, the Builder shall be entitled under said sections of the Huntington L4:ach Oniinance Code, after such construction and dedication of said water facility to refunds from connections by others to said crater facility; N0"d, TIEREFORE, in consideration of the pre—nises and the agreemen herein contained, the parties agree as follows: 1. That, upon completion of the construction of the facility hereinafter °:lescr:bed by the Builder to the full satisfaction of the Director of i'ublic; Storks and on its dedication to the City of Huntington %ach, Builder shall be entitled to refund from connection fees received by the City of huuitington :Beach for connections made to said hereinafter described facility in accordance with the .provisions of Chapter 35 of the Huntington Beach Ordinance Code. 2. The facility constructed by builder and for which refunds are hereby agreed to be paid to builder is described as follows: Oversize: Hamilton from Bushard to Brookhurst; Brookhurst from Hamilton to 13u.55' east of Hamilton. 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of $ 8,250 by waiver of connection fees. 4. That, the cost to the Builder for the construction of said facility is the sum of $14,580.15 5. The refund to be paid to the 3uilider under this Agreement is as follows. Total. amount Refundable under Chapter 35 90% x $14,580.15 s $13,122.14 less: hefunrd credited by waiver of fee on connection to $ 8,25o.00 City participation $ _0_ Net Refundable $ 4,872.14 6. No refund payment shall be made by the Clerk of the City of Huntington Beach to Builder until the Director of Public ►forks shall have certified, in writing, to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this parties lar facility in accordance arith Chapter 35 and the City has received the fe( for such connection. 2. O .1 not be '_iable for payment of refund by reason of its fa; i'+re to :tc:t i ect or- receive from any person or entity the water fee. ii-,rre-:er, C;t�! a! -liras from an administrative, legislative or quasi Judicial -, :"'D•edure to prc;c;ct the interest of Dailder, either individuals or entitie wl-..o have pr_:vioi, sly constructed water facilities, by the collectin;_; of the Fees, eithe__-rior to or concurrent withthe cieveioptnent of propertie :�.. ced. '_ sa '-c it .ty, if a builder who is developing property which wi be :�rved ,,y t-..:a �facil-ty described herein, is required, as a condition to t,e dle�"-_Iopman±- ;_' said prop: rty to construct grater fa.^ilitias, City may a"t lv said ]Lder r-red".}, towards tale per ar_rea ;e fee consistent with this said agreement; L'Ity further agrees to furnish a copy of this agreement to the devtiloper of properties being served by she facility to which builder i subject to :_fund under this agreement. In 'the event City does not require a builder to deposit the water fee with the City prior to or concurrent with the development of propyarti.es, in. that event City will provide in any agreement with said builder that said builder is obligated not only to the City but to the builder, .,Lidividut::ls or entities who have previously contributed to the cost o. ::onstruction of the water facilities; said agreement will further provide that it, the event that it becomes necessary to institute legal proc;eeciin,,s, eithi>r by the City or by the builder who has previously con- tril-7ated to the cost of water facilities, to enforce the rights of the parries thereunder, that the prevailing party shall be entitled to reason- alle attorneys fees; provided however that the City shall not be required to pay the attorti ys fees for any of the parties. >;, it is understood that the City is not required to institute legal proceedings to protect the interest of the builder, but may do so. CITY OF MNTDJGTON BEACH A municipal corporation.. By jf yor LWWP Lity V'Jerk 3., A PPRO11 TO OF�i: Asst. City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as On this ?V day otf , 19,CZ, before me, Notary Publ ' , in d or said County and State, personally are d , known to me to be the Mayor, and , kno a to be the City Clerk of the City'of Huntin&Ua Bdach, a municipal corporation, the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal corporation. OFFICIAL SEAL - ERP'6NA DI F/lBIO y, NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY ERNESTINA DI FABIO — NOTARY PUBLIC STATE OF CALIFORNIA ) in and for the County of Orange, State of Califorpia COUNTY OF ORANGE sB My Commission Expires June 25. 1969 City Hall - Huntington Beach. Calif. On this 2nd 'day of August , 19 67, before me, a Notary Public, in and for said County and State, personal appeared Frank R. Jackson , known to me to be the esident and William E. Caslin , known to me to be the Aselt Secretary of the corporation that executed the ai.thin•instrument and acknowledged to me that they executed said instrument on behalf of such corporation. JOYCE McARTHM 124, i NOTARY PUBW - CAUF00 U e MRKJP/N O�RC>f NM � i CRAMQ COLN" •-•• �tioo ExOiNt - - •—..