The URL can be used to link to this page

Home My WebLink AboutCraig Development Corporation - Reimbursement Agreement 120 OFFICE MEMORANDUM To 6"/ ( P Date .21� 1��/ \ From �LV In Re �.�dG * eyl� `�s^ mes o� / 09r ��. Q��hy "qZ jso j dry/6¢.S3 A� 234495 + 262320 + 357450 + 294 30 0 + 1 148 565 T 15633 + ✓ 661 3 + 1 6 3 9 1 + 23 8 .3 0 +✓ 19620 +✓ 82 087 T 82 087 x. 1 5 = 1 2�3 1 3,0 5 T 1 231 305 + 99195 - 1 1321 1. 0 T / �' -5-5- 17488 + 16391 - 1 097 T 1 097 1 5 = 16455 T 519990 + 99 19 5 420795 16455 + 437250 T +qea December 29 1969 Honorable Mayor and City Council City offtntInaten teach Attentions Doyle Miller City Administrator Subjects Reimbursement Agreement No. 120 Construction of Off-site Water Main at Adams and RrooWwrst �tlomana Craig Dmlopmmt Corporation (Meredith) constructed the subject dater main. Peas in e=ess of $4,372.50 have beam collected from dawalopers rbo ham connected to this ire and said scam is refundable to the developer per the conditions of the agreawnt, The above amount is the remi$ning balms due. It Is requested that sum be reimbursed, the check be made payable to Craig Development Corporation, and the check be return to this office for txensmittel. Very truly yours, s R. Tooler Director Public Worts JRWa tTHsas cca Finance Dapt. REIMBURSEPvTNT AGREEMENT Water Main THIS AGREEMkIdT, dated this day of 194S-,--by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as9 C.-TY CRA10 DEVEIOPMT, COS*,; 405 Ent Man Street stin,. CaliforAia BUILDER W .TTNESSETH: k'dHEREAS, Builder has filed with the Director of Public Works of the City of Huntington Beach for the :extension of a water main and connection thereto for Tmat 512e and Traot 5V3 e WHEREAS, Builder has entered into an agreement with the City of Huntington .Beach relating to performing the necessary work in the construction of said water line;_ and WHEREAS, Builder has agreed, at his own cost and expense to construct and build said off—site water facility all in conformity with the plans, specifications and provisions as approved by the Director of Public Works; and t'IHERFAS, the construction of said water line shall be in conformity with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating to water, and at the conplction of said construction and upon acceptance by the Director of Public Jorks as being in full conformity with the plans and speci— fications approved by said Director of Public Norks, shall be dedicated by the Builder to the City of Huntington Beach; and le Number. 220 -qA 4-- the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code, after such construction and dedication of said water facility to refunds from connections by others to said water facility; NOW., THEREFORE, in consideration of the premises and the agreements herein coni:ained, the parties agree as follows: 1. That upon completion of the construction of the facility hereinafter described by the Builder to the full satisfaction of the Director of Public %forks 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 i3each 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 follaw►ss Oversize: Brookhurst Street wMacent to Tnots 5298 and 5193• Offelteo Brookharst Street, from Adams Aveme to the north bounduy of Tmet 51930 . 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of by wA� nftrA of connection fees. 4. That the cost to the Builder for the construction of said facility is the sum of 5. The refund to be paid to the Builder under this Agreement is as follcrosn Total Amount Refundable under Chapter 35 90% x 28#539.50 $16#685.55 Less: hefwnd credited by waiver of fee on connection W $11#485*65 City participation $ •.. Net Refundable $5#299#90 6. No refund payment shall be made by the.Clerk of the City of Huntington Beach to Builder until the Director of public Norks 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 particu- lar facility in accordance with Chapter 35 and the City has received the fee for such connection. 2. A 7. City sha11 not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the water fee, However, City aggrees from an administrative, legislative or quasi judicial procedure to protect the interest of Builder, either individuals or entities, who have previously constructed water facilities, by the collecting of the ureter fees, either f)rior to or concurrent with the development of properties serviced by said facility, if a:builder who is developing property which will be served by the facility described her+ain, is required, as a condition to the development of said property to construct water 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 arW properties being served by the facility to which builder is subject to refund under this agreement, 8. 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 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, iniiividuals or entities who have previously contributed to the cost of construction of the water facilities; said agreement wi.11.further provide that in the event that it becomes necessary to institute legal proceedinCs, either by tyre City or by the builder who has previously con.• tributed 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 partieso 9. it is understood that the City is not required to institute legal proceedings to protect the interest of the builder, but many do so,, Dated: .S—" o CITY OF WNTINGTON BEACH A municipal corporation, B �A / 1Y Mer 30 L. v A APPROVED AS TO IFIA `o it ortvey V BUILDER CRAIG DEVELOPMENT C CRP . Eddy Mere i th President by Violet Meredith . 5ecretar7 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) t 's .S Th , day of , ] S; before me ,tea +rotary Pub , anallor sated Coanty,and State, �raona appeared DONALD P. SHIPLEY, !maven to me to be the Mayor, and PAUL C. JOXZS, known to me to be the City Clerk of the City of Huntington Beach, a muniQipal corporation, the corporation that executed the within instrument and ack> w-- ledoed to me that they executed said instrument on behalf of such municipal corporation: OFFICIAL SEAL j ERNESTINA 08 FAP,10 '4? NOTARY PUBLIC - CALIFORNIA ERNESTINA,01 TABIO-NOTARY PUBk4 PRINCIPAL OFFICE IN In and for the County of Orange,State Qf California ORANGE COUNTY My Commission Expires June 26.-.1965 City Hall-Huntington Beach, Calif. STATE OF CALIFORNIA ) ). g$ COUNTY OF ORANGE ) On thisJ 3 , day of A ��` , 1.9k!j before me, a Notary Public, in and for said County and Sta�i^sonally appeared d XezrPdith known to me to be the Preside liolat Meredith known to sae to be the 5ecretarymTreasurer. of the corporation that-executed the within instrument and acknowledged to me that they executed said instrument on behalf of such corpomtiona Doris R. Killingbeck Notary Public - California - ;•,w � PRINCIPAL OFFICE IN ORANGE COUNTY Doris R. Rillingbeck My Commission expires March 4, 1966 4� 4.