HomeMy WebLinkAboutC & D Development Company - Reimbursement Agreement 141 - Se October 99 1967
C & D Dwmlopment Con pop
1833 East 17th street
Santa Ana, California
Attentions Mr. Frank Jackson
Subseets Reinbnrsawnt Agreement No. 141
Serer - Tract 5559, 5560. 5561
Dear Sirs
&taloeed is a cheek in the swMt of $13,796.14. These
mai ies represent the remaining a mies due per the subject
a .,reame n t plus the C i ty's share of the Hami l ton Ave mn paving.
Agreement $700U.69
Paving
Total $739621.69
afund to date S59•825.55 �—G` ��` JO/4?rmPv
Amt. enclosed U.126,
Total $►739 621.69
Very truly yours.
James 3. Wheeler
Director of Public Works
XX9sXrj� sae
Enc l.
1
TM
• _ .�;;
REI6 Tr I ISERM AgERM
Sewer fain
THIS AC;REEMEd91'0 dated thisday 15if 1W and
HHTSR
CITY CP HMTINC TON BEACH,
a rmd ipal corporation
hereinafter for conv®nieaae;
referred to asp
CITY
- t
C A DABiQtlP OCR?
1833 Bast 176 street
Banta Ana, CaUfanda
6 BM IDER
4� '
NITHESSE. TH: . -
• WHF-RW, Builder has filed with the Director of Public Works at
the City of Huntingto ®ach or extension of a sewer main and commotion' thereto for Trap 556o and 5561•
;.: WHEREAS$ ]der has entered into an agreement with the City at•
Huntington Beach relating to performing the necessary work in the aanstrwtion'
of said serer line; and
WHEREAS, Builder has agreed, at his own cost and expense to construct
and build said off—sits sewer facility all in conformity with the plans,
specifications and provisions as approved by the Director of Public Workal
l and
r
MEREAS, The construction of said sen r line shall be in oonfaarait�.
with the Hunt on Beach ingt requirements relating to sewer, and at the compLeWxn .
A
t• of said construction and upon acceptance by the Director of Public Works as
being in full conformity with the plans and Meci.tications approved by said
b� dedir.2ted ;Ty tlh3 I'Qilder to the City of
4 .
` N=be r 1�
WHEREAS, the Builder shall be entitled under this agreemeat, after
such construction and dedication of said sewer facility to refunds from
connections by others to said sewer facility;
NM.v THEREFORE,, in consideration of the premises and the agreements
herein contained, the parties agree as follows:
1. That upon completion of the construction of the .facility here-
inafter inafter described by the Builder to the full satisfaction of the Director of
Public Yorks and on its dedication to the City of Huntington Beach, Builder
shall be 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 Hunitingtcu Beach
Ordinance Code.
2. The facility constructed by Builder and for which refunds
are hereby agreed to be paid to Builder is described as followss
Offsitet Bastard - 8+45' west of Badlton to Bedpan
Oversi*et &ailton - Bastard to Broommirst
Brookburst - Hsdltm to 1321.53' 34hodIten
3. Builder does hereby acknowledge that he. has. received a refund
in the form of a credit in the amount of $16,500 by waiver of ooneation fees.
4. That the cost to the Builder for the construction of said facility
is the sine of 8 96,5p4.3.0.
5. The refund to be paid to the Builder under this Agreement is
as follows:
Total Job Cost of Facility = 96,524.10
Total Amount Refundable under
Chapter 36 w 90% x $ 96,524.10 86,871.69
less:
Refund credited by waiver of
fee on connection to lot 16,3OO.0D
City Participation -0-
Net Refundable: =?4D.37i.69
i
6. No refund payment shall be made by the Clerk of the City of
Huntington Beach to Builder until the Director of Public Works shall have
certified, in writing, to the City Mark that Builder is entitled to a refund
or a specific connection having previously been made to this particular
facility in accordance with Chapter 36 and the City has received the fee for
such connection.
t 2.
7. City shall not be liable for payment of refund by reason of j
its failurs to collect or receive from any person or entity the am er fee.
However City agrees from arr.admiz%i.strative, legislative or quasi jadicial
procedure to protect the interest of Builder, either individuals or entities,
who have previously constructed sewer facilities, by the collecting of the
6 ,
sewer lees, either prior to or concurrent with the development of MW
property served by the facility constructed under this agreement, if a
Builder, who develops property served by said facility; is requited, as a
condition of development to construct additional sewer facilities, City my
allow said 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 amy 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, individuals or entities
sho have previously contributed to the cost of oonstruction hf me or facilities
constructed hereunder; said agreement will further pride that in the snub
that it becomes necessary to institute leaLl proceedings, either by the Citly
or by the Builder who has previously contributed to;the cost of sswbr facilities,
to enforce the ruts of the parties thereunder that the prevailing party
shall be entitled to reasonable attorneys tees; provided, however, tbst-the
City shall not be required to pay the attorneys fees for aqy of the parole&
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.
Dated: '
CITY lF HCI34'IAuVX BUCK
A municipal corporation,
xWor
By —
y-
3.
APPROVED AS TO FORM:
a y Ittorney
BUILDER
B9
� As ate
STATE OF CALIFORM )
as •�
COUNTY OF ORANGE )
On this -day of 1942 before me
a Nota�, in a sa omMy and State, pe om ppeam
DONALD P. SHIPLEY, knomn to me to be the Ualyor, and PAUL C. .JONES, Imam to
me to be the City Clerk of the City cd Huntington Beach, a municipal
corporation, the corporation that executed the within instrument and aeknom.
l+edged to me that they executed said instrument on behalf of ouch municipal
corporation.
oF�lclAl SEAL -
,.
ERNESMA DI FAMO
NOTARY PUBLIC CALIFORIIUI
1• -��.r PRINCIPAL OFFICE IN E
ORANGE COUNTY In-analor t�.�� BLIC
P--e-=a'°ems ralifornia
ERNESTINA DI FABID— .A
Iry Qryd tgrt� NOTARY PUBLIC
of orange.Stato of California
hfy Coe►misslon Expires June 25. 1969
City Half Huntington Beach, Calif.
STATE OF CALIFORNIA )
} so
COUNTY OF ORANGE )
On this 2nd day of August 19_ 7 before me, a Notary Public,
in and o7Fe said Ca y and 5MI9,—personally appea
prank x. Jmkaon , known to ale to be theArl=ry
a
elan , known to me to be the of tFie
Corporation t executedt within instrument and acknowledged to me that
they executed said instrument on behalf of such corporation.
i 1oYCE mamma
i NOTA0 GUM Rr/{AiK-CAiMORl�A
• �q►A/ ONI� W �
COUNry ++i JOYCE NC ARTHUR M!'MNi
�► C WdNIM %*w OeMm 29, 1967
4.
REIMBURSEASNT AGREEMENT
Sewer Main
4
THIS AGREEMEAIT, dated this _ day of 196 s by and
BETWEEN
CITY OF HUNTINGTON BEACH9
a municipal corporation
hereinafter for convenience
referred to as,
CITY
BUILDER
`
W I T N E S SET H:
WHEREAS,. Builder has filed with the Director of Public Works of
the City of Huntington Beach for the extension of a sewer main and connection
thereto for rl4V5; ��roD Tl4Gf ��(o/o
ress r.issr.
WHEREAS, Builder has entered into an agreement with the City of
Huntington Beach relating to performing the necessary work in the construction
of said serer line; and
WHEREAS, Builder has agreed., at his own cost and expense to construct
and build said off-site sewer facility all in conformity with the p3ans9
specifications and provisions as approved by the Director of Public 'forks;
and
WHEREAS, The construction of said surer,line shall be in conformity
with the Huntington Beach requirements relating to sewer., and at the completion
of said construction and upon acceptance by the Director of Public Works as
being in full conformity with the plans and specifications approved by said
Director of Public Works., shall be dedicated by the Builder to the City of
Huntington Beach; and
1.
Number f��
i
i
WHEREAS, the Builder shall be entitled under this agreement, after
such construction and dedication of said sewer facility to refunds from
connections by others to said sewer facility;
NOIN, THEREFORE, in consideration of the premises and the agreements
herein contained, the parties agree as foUovs:
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 Works and on its dedication to the City of Huntington Beach, Builder
shall be 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
Ordinance Code.
2. The facility constructed by Builder and for which refunds
are hereby agreed to be paid to Builder is described as follows:
. 17-45, 1 W Df 1!�s3/"7 To
�-M/�-.Toy✓
3. Builder does hereby acknowledge that he has received a refund
in the form of a credit in the amount of $16,ffo o by waiver of connection fees.
4. That the cost to the Builder for the construction of said facility
is the sum of 94, 5� 1%�o
5. The refund to be paid to the Builder under this Agreement is
as follows:
Total Job Cost of Facility $
Total Amount Refundable under g'6 87/. 69
Chapter 36 m 90% x qG�.5.?7�/D
Less:
Refund credited by waiver of
fee on connection to lot /6,,.5'o0, pD
City Participation OCIP
Net Refundable:
-70, 69
6. No refund payment shall be made by.the Clerk of the City of
Huntington Beach to Builder until the Director of Public works shall have
certified, in writing, to the City Me rk that Builder is entitled to a -refund
or a specific connection having previously been made to this particular
facility in accordance with Chapter 36 and the City has received the fee for
such connection.
2.
7, City shall not be liable for payment of refund by reason of
its failure' to collect or receive from any person or entity the sewer fee,
Hmtivever, City agrees from an administrative, legislative or quasi judicial
procedure to protect the interest of Builder, either individuals or entities,
who have previously constructed sewer facilities, by the collecting of the
sewer fees, either prior to or concurrent with the development of any
property served by the facility constructed under this agreement, if a
Builder, who develops property served by said facility; is required, as a
condition of development to construct additional server facilities, City may
allow said 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 hereino.
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, individuals or entities
who have previously contributed to the cost of construction of sewer 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 sewer facilities,
to enforce the rights of the parties thereunder that the prevailing party
shall be entitled to reasonable attorneys fees; providRd, however, that the
City shall not be required to pay the attorneys fees 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.
Dated:
CITY OF HUNTINGTON BEACH
A municipal corporation..
BY
yor
City uleric
3a
APPROVED AS TO FORM
est. City Wttorney
BUIMER
By
ce FiesideRE
By
sst. Secretary
STATE OF CALIFORNU,
ss
COUNTY OF ORANGE )
On this day of 19 , before ma ,
a Notasq u'-b ic, in an3 For E3 ounty aW State, pers5naTV appears
DONALD P. SHIPLEY, known to me to be the Mayor, and PAUL C. JONES, known to
me to be the City Clerk of the City of Huntington Beach, a municipal
corporation, the corporation that executed the within instrument and acknow-
ledged to me that they executed said instrument on behalf of such municipal
corporation.
STATE OF CALIFORNIA )
} so
COUNTY OF ORANGE )
On this day of 19�, before me, a Notary Public,
in and forme un y said Co a e, personally appeared
known to me to be the Presiden and
known to me to be the Secretary of the
corpora ion Mat executeg t within instrument and acknowledged to me that
they executed said instrument on behalf of such corporation.
REIMBURSELENT AGREEMENT
o�
hater Fain
'HIS AGREEMENT, dated this .. day of 19 , by ark
4EWE EN
CITY OF HUNTS 1TON BEACH,
a municipal corporation
hereinafter for cor.renience
referred to a:5,
Cs:TY
aci�f�i .•�i�a �Cti/��p ri7 iq
BUILDER
'NITNESSETIf:
li -E S, Builder has filed with the Director of P�.iblic Works of the
City of Huntington Beach for the extension of a wratex main and connection
thereto for TrAGf "60 Tiyz�f 3W61
WHEhEAS, Builder has entered into an agree-went with the City of
Fjuntinrton Beach relating to performing the necessary work in the construction
of said water line; and
NHEIMS, Builder has agreed, at his own cost and expense to construct
and build said off-site dater facility all in conformity with the plans,,
specifications and provisions as .approved by the Director of Public Viorks;
and
'i'lHr'.RRAS, the construction of said water line shall be in conformity
w.Lth the Huntington Beach Ordinance Code, more particularly Chapter 35 relating
to rater, and at the completion of said construction and upon acceptance by the
Director of Folic dorks as being in full conformity with the plans and speci-
fications approved tr;� said Director of Public ;iorks, shall bs be by t}ie
baildier to the Gity of Huntington Beach; and
1e
Number �D
ME AS.. Vita Bider shalt be entitled under said eactions of :the
duns;-ngton Beach Ordinar-ca Code,, after sv.ch Con str<mion and dedication of
se id dater faci?.i.ty =;o refunds fram connections by c hers to said watev
facility;
I UN: TIFEREFORE, in consideration of the premises and the agreements
herein contained, the parties 2"7ree as follov!s:
1. That upon complwtion of the const::�?cticn of the fa.ci?ity
I-enairb-ifter described by the Builder to the full s--at-.sfactior_ of the
Bir c-"Jor of Public Eecrks and on its dedication to the City of ffuntington
Peach, Builder shall be entitled to refund from connection fees received
by the City of Huntington Reach for connections rude to said hereinafter
described facility in accordance with the provisions of Chapter 35 of the
Huntington Beach Or3:inarc? Code.
2. The facility constructed by Milder aTc1 for which refunds
are hereby agreed to be paid to Builder is described as f ollexs:
Oversize: N��/L rON f20/`V Qv3h�/�2� T� .�-A B "-//4/P�r
F.e'o/y F,eoM h�s�M/�Ta.� To i3�/,—'1S
ft• F. of �-t�r�/c.�-o�✓
3. Builder does hereby acknowledge that he has received a
i—efund in the form of a credit in the amount of4 8200 by waiver
of connection fees. - 4K--
4. That the cost to the Builder for the construction of said
facility is the sum off' a;./¢ -Too
o The r"und to be paid to the Builder under this Af reement
is as follows,
Total Amount Refundable under
Chapter 35 90% x
Less:
Refund credited by waiver of
fee on ,-onnecti on to -S���o.od
City p-articipation s
Net Refundab"'-e d .
6. No refund payment shall be made Icy the Cleric of ,he City of
[kntington Beach to Builder until the Director of Pui}lifc Norks shall have
certified, in writing, to the City Clerk. that 13vilder is entitled to a
refund for a. specific comriection having pi—evi ously be-en made to this gari;icua
la.r facility in accordance with Chapter 35 and the C .vy has received the fee
for such connection.
2,
7, City shall not be liable for payment of refund by reason of
Jts fail.-Lim to collect or raceive from G rVv person or entity the water feee
Ilc;reve��, City agmees from an administrative, legislative or quasi judicial
procedum to protect the interest of Buii.er, either individuals or entities,
who have previously constructed water facilities, by the collecti n„ of thz
water fees, either r1rior to or concurrent with the development- of properties
mea viced by said facility, if a builder who is developing property which will
a seed by- the facility described herein, is required, as a condition to
+she development of said property to construct water facilities, City nmay ailov
said Builder credit torvards 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 tbeeing served by the facility to which builder is
-ubject to refund under this agreement,
8. In the event City does not require a builder to deposit the
vrater fee with the City prior to or concurrent with the development of
properties, 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, ir�iividua is or entities who have previously contributed to the
cost of construction of the water facilities; said agreement iri.11 further
provide that in the event that it becomms necessary to institute legal
proceedin,f;s, either by the City or by the builder who has previously con-
ributed to the cost of water facilities, to enforce the rights of the
parties thereunder, that the prevailing party shall be entitled to reason-
able attorneys fees; provided however that the City shall not be required
to pay the attorneys fees for any of the parties.
9. It is understood that the City is not required to institute
legal proceedings to protect the interest of the builder, but may do so.
Dated:
CITY OF I-I:IP TINGTON BEACIi
A municipal corporation,
Mayor
i7y 71brilc
3.
rp
E
APPROVED AS TO FORM:
s i ty Attorney
BUILDER
by
ice resi en
by
Assto secretary
STATE OF Ci1LIFOBNIA }
ss
COUNTY OF ORANGE )
O31 thi s , day o , 19 , bef ore me,
a otary Public, in an or said County,and State, per:�onally
appearv�B0I1ALJ po 5HIPLEY, known to me to be the Mayor,, and PAUL C. JOKES,
known to me to be the City Clerk of the City of Huntington Beach, a municipal
corporation., the corporation that executed the within instrument and acknow-
ledged to me that they executed said instrument on behalf of such municipal
corporation.
STATE OF CAIJFORNIA )
} ss
COUNTY OF ORANGE )
On this day of 19 , before me, a Notary Public,
in and for said County and State, pc rsc,;.:'.I_y appeared
known to mc: co the President and
known to mc.; t ; the See retasy-Treasurer• of the
corpo'_"dtion that executed the within inS�r'ument and aci-n ,lyddcd to to t:lr:v
they executed said instrument on behalf of such corporation,
�t o