HomeMy WebLinkAboutDecon Corporation - Reimbursement Agreement 147 - Water Main roPlc LEGISLATIVE HISTORY RECORD TILE NO.
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CITY OF HUNTINGTON BEACI
o �•► �'' _ ENt;lN f:ERING l)EPARTMEN I'
1lunrington Beach, California
jaly 51, 156?
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: kelwbarsemerlL Agr•eeii,ents
No. "11"47 <uzd 148
Gentlemen:
Transmitted herewith, are the subject rei.nburse,ikerit
agreements. Agreement No. 14'] r(.presents refur-1s due t,h(w.
Decon Corporation for the offsite water main constrt.._•;.ed
in conjunction with Tract 5555:K Agreement Yo. 1,+8 repre-
sents refunda due the Decon Corporation for the of f;3-it e
sewer main constructed in conjunction, with the rame tr,:).ct�
It is reco,,=enried that your Honorable body authorize
the City to enter into the agreements. Upon executior,
one copy should be returned to this office for trari mittal.
Very truly yours,
ames R. Wheeler
Director of Public Works
JRW:JKM:ae
Trans.
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F�C�•�a �`isogP��`cC'�
NTY t
CAugust 10, 1967
0
P
Decon Corporation
1833 East 17th Street:
Santa Ana, California
Gentlemen:,
The City Council of the City of. Huntirgton 3each,
at their regular meeting held Monday, the 7th clay of"
August 1967, approved Reimbursement Agreements No. 1.47
.and I44, which nave been duly executed by the Mayor
and City Clerk.
Enclosed please find+onne copy of each Agreement
for your files .
Sincerely yours ,
Paul C. Jones
City Clerk
PCJ!s t
Encs .
i l\'
S : Sower mt Wat4w Po" - M M@ for mat s�s�
DkTAz Se r 27, 1965
The gmbjeat Pam axe 2® be abarpd an listed
the attached
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900.00'va
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220, - .330.'00 /20. 00
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Water Maim
THIS AGR ?MT, dated -this � day of: 9,5Z by aad
CITY. OF F I
m icipal cur porati.oA
4RlGtfVA ; C herei ft r for coay.w fence
for. ( faster. Fi( referred to as.,-
CITY
Mu ST B': R.
DuCOX CORFOUTION
1833 Bast 17ti,'Streot �
Santa _a, ta. f orrc
BUILDia
; T 'RE ,. Fs % ticx has a3ed _v.ith •�iic 3i.rector ca Pa i.4 .ilorks of the
city. of Hur-,tifiatov-. Beadh for the extems7 on of a, water main aizd cvr,necta_cin
-,bereto for-Tract
Builder has, en tti)reci into an agrae�rae at 4"(tip ',he city of
B a.ch reldting tci' lei forir the x3 cess�x�y w&-k it he
- .. .;5�-.:`,]" .vu.��ry f.Y,i�w•..�. 4ri Gt.fA�.,.�3.l LiJ�• Gr Sd. ..., - -
;If 'AS,. 'lder na.s..-agreed., at,,, mi.s .izarn co-sty .:ad €x"pau:��
ir, d saiA off.•Ate water f6dil:"ty aJ in c onfor aty •wi.th 'the pig+ ,
=p cifications artc:.�ixavis�an; a:1 approved t� �h: Director .n�, Public I���a:°t�.y mif
, the'.constr' ucta.op of said water line shall he .in_ c.�r fo��ity :Wit:.
i h fgt;ory Balch Ordin
ance fade; *more particularly Chapter -re axqg o
'7�O 4t�r ' i at, the -eo=pletiori of said .corrstructi,on and uron acceptance i�k th,-,t
ra tdr:o i1id.:€lorks a� oeirig iri 'f�ili cpr °+arr i ter at?1 the pi � and ;4
r o Tr;
&Jby :i a.d Director of •Pt.:Li.c'.'Elbrks, ehiFill be zi.kt¢t±.a�t;t:��
Izzi �,x� Leo..t ci' " o ."Iarxi. gta - I ck�; and
:• fr5,'. the _PkLi sh .�' be
sti3 ed i:rdr i srtect,ian�.._ca:
Huai J i gt-c- . Bach Ord:Lvia£rcc Code.,,',,cXte siuc�: coillstxuctior 4zrfd �3edi.,;ation
d rat fac i li. y tu' 'r e ds from coi.,nectiog3 try. otzsorz to said vrater
No ".'
g t, i'Zi-
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pg 3•«r —i'p d.. a .»
"�. .+ .*-w.• y. //,,$,''..�`•4,,st. .$".hr�C ,'�,'.�$*'v 'Yi. ;n `�" fir.• a -
' ,�" •- �.. �,- tea°°:, .
NUd., TH%FtMAE, 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 hereina.fr.--r
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 oe
entitled to refund from connection fees received by the city of Huntington
Beach for connections made to said hereinafter described facility at a rate of
$1,479.89/acre, and in accordance with the applicable provisions of Chapter 35
of the Huntington Beach Ordinance Code. (See attached Exhibit "A" for area.)
2. The facility constructed by Builder and for which refunds are hereby
agreed to be paid to Builder is described as follows:
Offsite water main in Pacific Coast Highway for Tract No. 5555.
3. Builder does hereby acknowledge that he has received a refund in the
form of a credit in the amount of $7,405.37 by waiver of connection fees in
Tract 5555 and $4,217.68 by waiver of fees on its undeveloped commercial
property.
!�. That the cost to the Builder for the construction of said facility
is the sum of $17,021.65 plus $973.00 for commercial. services.
5. The refund to be paid to the Builder under this af-reement is as follows:
Total cost of facility = $17,021.65 plus commercial services
Less
City share of cost $8,510.83 /
Fees for Tract 5555 SiYAS56S, 0 - 7 4'-7c'SCi l'�'
Subtotal $13105.46
Total amount refundable under
Chapter 35 - 90% x 1,105.46 $ 994.91
Amount due Decon
Amount refundable $ 994.91
City share of cost 8.2510.83
Commercial services 973.00
Less Decon 1ndeveloped -�
commercial acreage fees - 21 .68 L
(� l0 1 Net Reimbursable $6,1261.06
.:5 * 1 E _•`� ♦ ,:,Z ".�. - ,.��;s�= f�' it{t L fi•.{ i; -sc- .. i .x - -
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a =�}
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' ___r � '- t-�}�}_ �i$"�y. .;.i f• ;f_�r d� , ..r,i y.r• ;:{ ".gy., e
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 Clerk that Builder is entitled to a refund for a specific
connection having previously been made to this particular facility in accordance
with Chapter 35 and the City has received the fee for such connection.
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 water fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to pro tect .the interest of Builder, either individuals or entities, who have
previously constructed water facilities, by the collecting of -the water fees,
either prior 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 herein, is required, as a condition to the develop-
meet 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
any 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
tirith the City prior to or concurrent with the development of properties, in
that said builder is obligated not only to the City but to the builder, i.ndivduals
or entities who have previously contributed to the cost of construction of The
water facilities; 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 water facilities, to
enforce the rights p4' 'F}le; t'.}leZ' liar
be entitled to reasonable 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.
} k _ siyktl- ti j ra''�°-�l:• •i `L : l � ? i L `•t. i •j` 'P;. s �tlr_ t
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-3
DATED: 1fz 7
CITY OF HUNTINGTON BEACH,
A municipal corporation
-F
Mayor PRO 1 F�
City C:lp-
APPROVED AS TO FORM:
Asst. City Attorney
BUILDha
By
AUM President
By
Asst. Secretary
STATE OF CALIFORNIA ) ss
COUNTY OF ORANGE )
On this day of �, 196-, before me,
Notary Public, in and for sai County and
State, pe o appealed , known to me to be
the 1%yo _ , known to me to be
the City Clerk of the city of Hunt W ton Beach, 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.
lieOFFICIAL SEAL........ ERNESTINA DI FAEIONOTARY PUBLIC CALtFORN1APRINCRAL OFFICE INZ ORANGE COUNTY
" ERNESTINA DI FABIO— NOTARY PUBLIC
a: MAN for the County of Orange,State of Caii!crnie
U J
a ° STATE OF CALIFORNIA ) My Commission Expires June-25. 1969
3 w m a ; COUNTY OF ORANGE ) S9 City Hall • Huntington Beach. Calif.
'- Z
D Z c':
i ` o, On this 25th day of 1uly , 196 7 , before me, a Notary
v: a. Public, in and for said-Coubby and State, personally appeared
° qnipcierq , known to me to be the President and
7 y
,,s?r C:has. E. an s , known to me to be the Asst. Secretary,
of the corporation that executed the within instrument and acknowledged to
v z
Y1� me that they executed said instrument o of such corporation.
SHiRLFY L. FOX
j'
�� -
9mmission Expi;e-_ c:y 10, 1958
.} r.: � '�•':� •.� � #�:� �%t� �s.i Yi- w�C�r' s'•. :�- fi-i .yam;- .:
i
�rIiU1YY�P�i ■
water Hain
1 nM AMM4MTj, dated this
....�.......1.... a tV Ltd
2BETWEEX
3 CITY OF HUI!T TON HUCH,
a mti ni cipal corporation
herei.paft4r for convodence
referred to aet
5
CITY
6
7 DECON CORPORATION
1633-Ewt l7th Street
8 Santa Ana; California
9 �'IILDER
10
11 WITNESSETH;
12 1a MMp builder has filed with the Director of Public Works of the
13 city of RmUngton Beach for the extension of a water =in and eonuection
14 thereto for Tract. 55 .
15 UUNWASf. AdIder has antered Into an aft with the city of
16 Hnntingt4n Beach relating to performing the necessary work in the carte-
,17 tSon of sad water :linag and
18 I'd —I S, Builder has mod, at his ova cost and axpense to construct
19 and biUd: sate otf-ate water facL ty all in c onformi V mith the p1map
20 specifications ad provisions as aproved bat the Director of Public Warkaj and
21 Ise—, the construction of said wad line ahaU be in COnfOMi ty With
22 the HuAti.ngton Beach ice Code, more particularly Chapter 35 relating to
23 water, and at the empletion of vaid conetrtitc con and upon acceptance try the
24 Director of Public harks ,as being in full conformity with the plans and spec -
2S fi.cations eWroved iV mid Director of Public Worke; shall by dedicated ter the
26 btilder to the city of B irr Con Beach; and
27 IMI the adlAor shall. be entitled under said seotione of the;
28 -tOu Beach Or�ce CodeD after such cc truc#'vn and dedication of
29 seid wat4r facility to heftuls from ammetions bV' others to add cater
30 facility-'
31
t
1 NUid, THERU t,E, in consideration of the premises and the agreements herein
2 contained, the parties agree as follows$
3 1. That upon ccmpletion of the construction of the facility hereinafter
4 described by the Builder to the full satisfaction of the Director of Public
5 Works and on its dedication to the city of Huntington Beacahs Builder shaill be
6 entitled to refund from, connection fees received by the city of Huntington
7 Beach for connections wade to said hereinafter described facility at a rate of
8 "j,479•89/acres and in accordance with the applicable provisions of Chapter 35
9 of the Huntington Beach Ordinance Code. (See attached Exhibit "A." for area.)
10 2. The facility constructed by Builder and for which refunds are hereby
11 agreed to be paid to Builder is described as followas
12 Offsite, water main in Pacific Coast Highway for Tract No. 55$5.
13 3. Wider does hereby acknowledge that he has received a refund in the
14 form of a credit in the amount of 37:405.37 by waiver of connection fees in
15 Tract 5555 and s217.68 by waiver of fees on its undeveloped commercial
16 roperty.
17
. That the covet to the Builder for the construction of said facility
18 is the am of $17sO21.65 plus 973.00 for commercial services.
19 5. The refund to be aid to the Builder under this p agreement is as follows s
20 Total cost of facility - $17,021.6$ plus commercial services
21 Less
22 City share of cost 8,510.$3
23 Fees for Tract 5555 j,;�}kq�-37
24 Subtotal $4105.46
25
Total amount refundable under
26 Chapter 35 - 90% x 4105.46 0 ;`994.91
27
Amount due Decon
28 Amount refundable 994.91
29
City share of cost 8,510.83
30
Commercial. services 973.00
31
Less Decon undeveloped
32 commercial acreage fees 21 6„68
Not Reimbursable $6,261.06
1 6. No refund payment shall be made by the Clerk of the city of Huntington
2 Beach to BuLder until the Director of Public Works shall have certified, in
3 writing, to the City Clerk that Builder is entitled to a refund for a specific
4 connection having previously been made to this particular facility in accordance
5 with Chapter 35 and the City has received the fee for such connection.
6 7. City shall not be liable for payment of refund by reason of its
7 failure to collect or receive from any person or entity the water fee. Howevor),
8 City agrees from an administrative., legislative or quasi judicial procedure
9 to protect the interest of Builder, either individuals or entities, who have
10 previously constructed water Xaailities$' by the collecting of the water Pees,
11 either prior to or concurrent with the development of properties serviced by
12 said facility,, if a builder who is developing property which will be served
13 by the facility described herein, is required, as a condition to the develop-
14 vent of said property to construct water facilities,, City may allow said
15 Builder credit towards the per acreage fee consistent with this said agreement;
16 City further agrees to furnish a copy of this agreement to the developer of
17 any propertiesbeing served by the facility to which builder is su' ject to
18 refund under this agreement.
19 Ei. In the event City does not require a builder to deposit the water fee
20 'With the City prior to or concurrent with the development of properties,, in
21 that said builder is obligated not only to the City but to the builder, indivduals
22 or entities idio .have previously contributed to the cost of construction of the
23 water facilities; said agreement will further provide that in the event that
24 it becomes necessary to institute legal proceedings., either by the City or by
25 the builder who has previously contributed to the cost of water facilitiest to
26 enforce the rights of the parties thereunder., that the prevailing party shall
27 be entitled to reasonable attorneys fees; provided however that the City shall
28 not be required to pay the attorneys fees for any of the parties.
29 9. It is understood that the City is not required to institute legal
30 proceedings to protect the interest of the builder, but may do so.
31
32
1 DATED: / �.
2 CITY OF HUNTINGTON BEACH,
A municipal corporation
3
4
5 Mayor
6
7 By
City Clerk
8
9 APPROVED AS TO F()RrM;
10
11
12 Asst. City Attorney
13 BUILD +t
14
15y
16 Vice President
17 By,
18
Aast. 58cretary
19
20 STATE; OF CAEI.kURNIA } ss
COUNTY OF ORANGE: )
21 On this
dad of , 196 , before me,
22 a. Notary Public, in and for said County and
State, personally appeared , known to rae to be
23 the Mayor, and , known to me to be
the City Clerk of the city of Huntington Beach, a mun:M pal corporation,
24 the corporation that executed the within instrument and acknowledged to me
that they executed said instrument on behalf of such municipal corporation.
25
26
27
28
.29 STATE OF CALTIPOR,NIA ) ss
COUNTY OF ORANGE )
30 On this day- of , 196 �, before ate, a Notary
31 Public, in and for said Couy and. State, personally appeared
known to me to be the President and
32 , known.to me to be the Secretary.
of the corporation that executed the within instrument and acknowledged to
me that they executed said instrument on behalf of such corporation.
er 6, N� L)CCOIU„r• _
- eFacn _ c/r emc- f ;
T
! S* adard y 16:�82 _ --- - G75.00
5a-m's /G27S
-_-
She,// { '5 9 2- .900.00
Lai A ! IG182 .32 r,,.00
/6 eor .380.00 -f- /a0-ate S
330._00
6/. 00
2 ? GZ.3t /Gq. 00 /20 00
/915. 00
/0
i
Scct/e / -200C
for- 6ja �er
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