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HomeMy WebLinkAboutCraig Development Corporation - Reimbursement Agreement 129 REIMBURSEMENT SU[,PZY City of Huntington Beach Agreement Purpose Date Original Payments Balance No. Amount 120 Water Main 5/5/65 5199.60 - 5199.60 127 Sewer Pump Station 2/10/66 22110.80 2/28/66-$3937.98 5/16/66- 2479.58 10/10/66- 2513.47 6/6/67 - 475.73 12704.04 129 Seger Main 3/9/66 64786.83 10/12/67-$20934.49 43852.34 Total 92097.23 30341.25 61755.98 BUSINESS OFFICE LlxcOLx 4.NOS UAV THE MEREDITH COMPANY 305 EAST MAIN STREET P.O. BOX 4S3 TUSTIN, CALIFORNIA D,- October 30, 1969 kllr. H.E. Hartge Deputy Director of Public Works Huntington Beach, Calif. Re: Reimbursement Agreements 120, 127, and 129. Dear 1vir. Hartge: According to our records the following are the blances due to us under our reimbursement agreements with the City of 11-untington D'each. Aareement Date Purgose Oriainal B&I.ance 120 May 5, 1965 T�Tater Main. $5199.60 4-1UP19-ree 127 Feb. 10, 1966 Sewer Pump $22110.80 $12704.04 129 March 9, 1966 Sewer Main. $64786.83 $43852.34 Total $61755.96 Since the area surrounding our project has been almost, completely developed it ottld appear that t.- -much if not all of the reimbursement balances should be payable at this time. .Any assistance you can give us in expediting paymiant of these sums will be sincerely appreciated. Very Truly yours, The Mleredith Company Vice President BUXIM M OMCi LIVOGS& 4. 08 THE MEREDITH COMPANY G, sea XLBT MAIN MM ZZr • P.O. BOX 463 TUSM, CLLWORNL p �r s October 30, 10,69 Deputy Director of Public Wor'._s I'_untincto:� .each, Calif. Re; Reimbursement r.greements 120, 127 , and 129. .Dear ,:r. iiartae '-ccordi:1S to our records the following are the ?lances due to us ender our reiml mjrsament agreements urith the City of IIuntington y Beach. ?:c_reemont Date Purnosc Original Ba ance l2r? 'ia1 5, 1965 t,?ater Main-. a �199 6 y $519�,60 $°599:60 127 Feb. 10, 1 966 Se—uer Pump $22110.80 $12704.04 129 _arch 1966 Se;rer 'lain. $647306 .33 $43852.34 Total $G1755.98 Since the c r'?_ ,3'1rr(JUY1dii1C, 011r project ha 3 'teen almost, completely developed it %-gould appear that much if not all of t,ie reimbursement bc lc,lc?S r.iou7.d =�e payable at t':is time. 8S,_-;-4-i7C^ you can give us in e,.pedi-incr paymant of th-6se sums ?,,ill be sinc•�rely a-p^reciated. - Very Trul-v yours, The Ieredith Company P-crd Vice President F.. December 2, .1969 R000rable Mayor OW City council City of ftntftatom Beach Attentions VOyle 1411ler City. Administrator Subjects Reimbursement Agreement No. 129 Construction of Off-sits Saar Halo on Rroolaurst Street .Gentlemans Craig Development Corporation (Heredith) constructed the subject sir amain. Fees In e=ess of $43,552.34 haft been collected from developers who have coonscted to this Una and said suss is refundable to the developer per the conditions of the aereament. It Is requested that saw► be vaimhursed, the check be made payable to the Maredith. Companyg and the cbeck be retured .to this offica for tsattel., very truly ors, Jams R. �Rmler Blrector of Public tforks JR THtsa t Fioancea Dept. REIMBURSEMM AGREVENT Sewer Main THIS AGREEMEM, dated this 9th day of March 1986 , by and BEVEr,N CITY OF HUNTINGTON BEACH) a municipal corporation hereinafter for convenience referred to as, CITY CRAIG DEVELOPMENT. CORP. 305 Fast Main Street Tustin, California BUI MER WITNESSETH: WHEREAS, Builder has filed with the Director of Public Works of 1 the City of Huntington Beach for the extension of a surer min and connection thereto for Tracts 5128, 5191, 5192, 5193 aAA 5197. WHEREAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the constnwtion of said sewer 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 plans, specifications and provisions as approved by the Director of Public Works; and NHEREAS, The construction of said sewer line shall be in conformity with the Huntington Beach requirements relating to surer, and at the complotion of said construction and upon acceptance by the Director of Public ftrks as being in full conformity with the plans and specifications approved �7 said Director of Publj.c 'Works, shall be dedicated by the Builder to the City of Huntington Beach; andz4 - 201 r; Number 129 IYHMM, S, 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; NON. THEREr ORE, in considetation of the pra:a-ses ari the agreements 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 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 bf Chapter 36 of tho 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.- i t Offsite main on Brookhurst Street from Indianwpolis Avenue to 1320 1 feet {, south of Atlanta Avenue. 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of 624,954.60 by waiver of connection fees. 4. That the cost-to the Builder for the construction of said facility + is the scan of $ 99,712.70. 5. The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility $990-712.70 Total Amount Refundable under Chapter 36 w 90% x $99,712.70 89,741.43 X hi, iess: ':" Refund credited by waiver of +� +` fee on connection to lot 24,954.60 City Participation None , Net Refundable: $64,786.83 6. No refund payment shall be made by the Clerk of the City of Huntington Beach to. Builder until the Director of Public ~Yorks shall have certified, in writing, to the City Mork 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. 20- 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, Hotivever, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Builder, ©ither 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 sewer facilities, City may allow said Builder credit taffards the per aereaga fee consistent with this said Agreement; City further agrees to furnish a copy of tEii.s agreement to i ' the developer of any properties served by the facilities described herein* k 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 i 1 is obligated not only to the City but to the Builder, individuals or entities i . who have previously contributed to the cost of construction of sewer facilities ri 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; providad, however, that the 4 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 developer, but may do so, r Dam; Merch 9, 1966 CITY OF HUNTINGTON BEACH A municipal corporation, MbLyor ' e1>1 City Clerk 3* Cal - APPROVED AS TO FOR1: sst. Ulty Wttorney BUILDER CRAIG DEVELOPMENT CORP. By y mereaffn Presi--73—fft- By Moiet riereal-=W.. secretary STATE OF CALIFORNU ) ss COUNTY OF ORANGE ) t On this 9th day of March 19 66j, before me a Notary�ib 'c, in a or �dZ'�ounty a 3n State,, persona a ppea DONALD P. SHIPLEY, known to me to be the Liayor, 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. nl'1 ICIAL MAT, \ dAaILE i3ORNIA ALICE M. HAMILTON •� ": :... CrFICE IN . OiZANGE COUNTY My COO- Expires Mer. 11, 1967 .•...................••.• „•,,. ,......................� STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 3rd. day of March 1966 , before me, a Notary Public, in and for=e said Coun y a a , personslly appeared Eddy Meredith , known to me to be the President and !mown to me to be the Secretary of the corporation that executed the within instrument and acknol4ledged to me that they executed said instrument on be If of such corporation. Doris R. Killingbeck Doris R Killingbeck i ,y °{ Notary Public - Californi, My Commission Expires 3/4/66 PRINCIPAL OFFICE IN ORANGE COUNTY My Commission expires March 4, 1966 4.