HomeMy WebLinkAboutDecon Corporation - Reimbursement Agreement 148 - Sewer Main TOPIC FILE NO.
�. LEGISLATIVE HISTORY RECORD
DETAIL
en III_
DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE
G L ut4
FILE NO, I TOPIC
Decon Corporation
One Eleven Elm, San Diego, California 92101 (714) 232.6377
12 1979 R �oIV �
January , DEPT. OP PU91_IC WORKS,
JAN 16 1979
H. E. Hartge, Director of
Public Works
Engineering Department
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Dear Bill:
I didn't realize until I got your letter of December 21 back in response to
My letter of November 28 that you were still with the City as Director of
Public Works. I had heard some time ago that you had left the City and I
am happy to find that you are still there. Please give my best regards to
Jana.
With respect to the Reimbursement Agreement which was the subject of
my letter, our attorneys have the original signed in their storage files
and it is a major effort to retrieve these storage files back into their of-
fices. Hopefully you could save us some time and effort if you could
check the City files for this Reimbursement Agreement. The Reimburse-
ment Agreement was "for the extension of a sewer main and connection
thereto for Tract No. 5555" and was executed July 25, 1967. The net re-
fund provided for therein was $11, 717. 37. If you can dig this out it will
be greatly appreciated.
With best personal regards.
Yours very truly,
DECON CORPORATIO T
By:
Ce r'c E."Sanders, Presi ent
CES:slw
Planners • Designers • Engineers • General Contractors #211541
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�� : r,� CALIFORNIA
��®LINTY
I
August .104, 1967
Decon Corporation
18'�3 East 17th Street
San-ta Ana, California
Gentlemen:
The City Council of the City of Euntington Beach,
t their regular meeting held Monday, the 7th day of
August, 1967, approved Reimbursement Agreements No . 147
and 145, which have been duly executed by the Mayor
and City Clerk.
i
Enclosed -please findonne copy of each Agreement
for your files .
Sincerely yours ,
Paul C. Jones
City Clerk
PCJ/s t
gnce .
CITY
� •fig TI rON BEACH,
=^•r"! ?}�f� ENGINL:I:.I�tNG DET'Ai2T1 EN ['
lfuadngton Burch. C.slifornin
July 31 , 1967
Honorable Mayor
and City Council
City o t t{uri Lington Beach
Attention: Doyle Ydller
City Admird s is ator
Subject: Rei.rzitmrsement Agreements
No. 14? and 1?4,5
Gentlemen:
TransmitLed herewith ai-e t.he sub"=—.;L reimb—arseroent
agreements. Agree-ment No. 147,,r,;presents sefurrds due the
Decoct Corporation for the offsite water main constructed
in c;onjuric.,ti.or, with Tract 5555. Agrement No. 148 repre-
sents refunds due the Decor. Coe-poration for the offsite
.sewer rimer. ::omAructed in conjunc:t:ion w th the 15ame tract.
It is .reoomr;nerided that your Honorable Body authorize
the City to enter into the agreements. 'Jpor exenuUon
one copy should be ret.Ur•llEd to this office for trau.am_L-tal.
Very truly yours,
amen RR. Wheeler
Director of Public Works ,
JR11:MM:ae
Trans.
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R.FMOURSRIENT AGREEMENT
Sewer Main
THIS AGRMIENT, dated this " day of 196 7 , by and
BETWEEN '
CITY OF HUNTINGTON REACH,
a municipal corporation
hereinafter for convenience
ORIGINAL COPY referred to as,
MUST
Master File
MUST BE Rf_T1jRf\,rr-" CITY
t > �. a DECON CORPORATION
1833 East 17th Street
Santa Ana, California
BUILDER
W I T N E S S E T 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 Tract No;
WHEREAS, Builder has entered into an agreement with the City of
Huntington Beach relating to performing the necessary work in the construc-
tion 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
WHEREAS, the construction of said sewer line shall be in conformity
with the Huntington Beach requirements relating to sewer, and at the comple-
tion 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
No. 148
'*
S F i1 • t
,TMp
ViERFAS, 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 sever facility;
NM,q THEREFORS, 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 hereinafter
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 at a rate
of $1,012.98/acre and in accordance with the applicable provisions of Chapter
36 of the Huntington Beach Ordinance Code. (Bee attached Exhibit "A" for area.)
2. The facility constructed 4 Builder and for which refunds are hereby
agreed to be paid to Builder is described as follows:
Offsite sewer main in Pacific Coast Highway for Tract 5555,
3. Builder does hereby acknowledge that he has received a refund in the
form of a credit in the amount of $8,406.99 by waiver of connection fees for
Tract 555U2 4 's u S, Sg�
undeveloped commercial area.
4. That the cost to the Builder for the construction of said facility
is the sum of $40,014.82 plus $192R7.00 for commercial laterals.
5. The refund to be paid to the Builder under this Agreement is as
follows:
Total cost of facility $40,6114.82 + Comm. Serv.
City share of cost 20,007.41
Decon reimbursement share of system 20,007.41
Refund credited by waiver of fees -8,406-294
Subtotal $11,600.42 + Comm. Serv.
Total amount refundable under
Chapter 36 - 90% x,$11,60Qi42 $10,4 0.37 /Q
Add cost of commercial laterals 1 .00
d�
Reimbursement due $11,W37
W ark. �
a
` J
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
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.
7. City shall not be liable for payment of rufund by reason of its
failure. to collect or receive from any person or entity the sewer fee.
However, 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 facil.i.tyf is required, as a condition of
development to construct additional sewer 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
of any properties served by the facilities .described herein.
8. In the event City doesnot 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 devdoper is obli-
gated 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 facili-
ties, to enforce the rights of the parties thereunder that the prevailing
party shall 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 developer, but may do so.
—3—
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Dated: (off
CITY OF HUNTINGTON BEACH,
a.muncicpal corporation
MayJ or PRp-BEM
By, ✓ - _ V
City C erk
APPROVED ASTO FORM:
City Attorney
BUILDER
. f}fir
By,
Wft esiden
By,
Asst. Secretary
STATE OF CALIF ORK A ) s s
COUNTY OF ORANGE )
this �_ day of 1962, before �Stte.,
a No Pu , in and for said ounty and
perso appeared own to me to be the Mayor0,,V;s4.-c,
and own to me to be the City Clerk of the
city of Huntington , a eipal 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
ERNESTINA W FAWO
r. WIMT PWK • CALIFORN a
P 101PAL OFFICE IN
mum COUNTY
td01Ai;Y r iBLIC
STATE OF CALIF�OFMA )
39 .In,,and for the CountY of Orange.State o',ja^ifornra
COUNTY OF ORANGE ) mpy Commission E:91,es June
,iTt t1s• !'.J^:T":�i Jt: EY;C.': 13f:�.
On this 25t day of - July 1267 before me, a Notary Public,
in and for the said County and REM, personally Vppeared
SandersCeUic E. , known to me to be the President and
..Chas.. E. _.�ands ,, , 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.
�_n
OFFICIAL SiA SHIRLEY L, FOX !
NOTARY PUSLIC•CAUFORNIA
PRINCIPAL OFFICE INcd� ' Y
T ORANGE COUNTY May 10, 1968
........ ....... ..............................«,.,,. My Commission Expires
� �� � _ �- _ 4 ,fir` r "• 'J �,� I�:pp `; #, y .. �,,-z-_ _ 'M .
1 Sew or 4n
� 3
THT8s dated this �, ,... d4w of 1 * and
4
5
CITY 0r 11UNTINGTON IWACKJO
6 a mmicipal corporation
j Imeluafter for convenience
referred to as
+ A
�
f g ��ti 41' '11
DON 40t11T'tON
10 18,33 r4st 17th Street
Santa Anars CaUgormis
j 12
13 WITNE33 THa
I
14 VAS-, Buildw has sec: with the Victor of PubUc Works of the
15 City' of Huntingtoz Death for the + tansic3zi of a aver main and connection
.16
thereto for Tract go. � ..
a
17 W Add r metered. Into an
: agreement with the City of
lg lluntin toa Beach relatim to Perforxing the necessary work In the constric.
19 tlan 0--' mad sover line; and
20
3r Ider bAs agreedp, at Izits own coat and enee to ctct
91 and Off-Otte ewer f4ciuty AU In eonfomitly With the PIOUS
22 spoolfications and provisUns as approved L' the Director of Puma rka;.
.3 and
24 iBW5 $r the constructim of said sewer Um shall be in conformity
25 with tie t iu&Wn : h rT .rvtate relating to fir, and at the colc-
'26
tlon of said construction avA upon *coeptance tV the Director at Public Works
27
as being in foal oWbrmity ulth the p1me and speoiXications a provod by
28
said Director of Public Works., aba3 3, be de dioated by the Buildor to the oit
29
of . un¢GlogtoiS Beachl a
30
:31
.
32
I
I
1 WH £3, 8, the Builder shaall be entitled vender this agreement., after such
2 construction and dedication of said sewer facility to refunds from connections
3 by others to said sewer facility;
4 NOW, TH i MRE, in ccuusideration of the premises and the agreements herein
5 contained, the parties apse as followas t
6 1. That upon completion of the construction of the facility hereinafter
7 described by the Builder to the full satisfaction of the Director of Public
8 Forks and on its dedication to the city of Huntington ,5eae-„b,, Builder shall.
9 be entitled to refund i'rose commotion fees received by the city of Huntington
10 :beach for connections made to said hereinafter described facility at a rates
11 of 1,012.98/'ac and in accordance with the .Vplicable provisions of Chas►pteer
12 36 of the Huntington Beach Ordinance Code. {bete attached Exhibit "Aie for si^era.
13 2. The facility constructed by Builder and for which ref'unds are hereby
14 ;agreed to be paid to Builder is described as fol lowaa t
15 Offaite sewer main in Pacific Coast
HighhwW for Tract 5555•
16 3. Builder does hereby, acknowleedgea that he has received a refund in the
17 form of a credit in the amount of $Bp406.99 by waiver of commotion fees for
18 Tract 5555 and his undeevel6peed commerci.aal. area.
19 4. That the cast to the Builder for the construction of said facility
20 is the am of 0..014.82 plus 1,277.00 for comerci.al laterals.
21 . The refund to be paid to the Builder under this Agreement is as
22 follows:
23 Total cost of facility 0,Olts.82 + Comm. Sere.
24 City share of coast -20,O07.41
25 Decon reimbursement share of system 20sO07.41
26 Refund credited by waiver of fees , 8.LG6 c
27 Subtotal. 411,600.42 + Comm. Serv.
28 Total amount refundable under
29 Quq)ter 3 - 90 x $11p600.42 10s 0.37
30 Add cost of commercial. laterals 101000
31
Reimbursement dose 1.14,17.37
32 -2-
1 6. No refund payment shall be made by the Clerk of the City of
2 Huntington Beach to Builder until the Director of Public Works shall have
3 certified., in writing, to the City Clerk that Builder is entitled to a refund
4 Ior a epe:cific connection having previously been made to this particular
5 facility in accordance with Chapter 36 and the City has received the fee for
6 ouch connection.
7 7• City shall not be liable for payment of rut"und by reason of its
8 failure to collect or receive frcan any person or entity the sewer fee.
9 However, City agrees from an administrative., legislative or quasi judicial
10 procedure to protect the interest of Builder, either individuals or entities.,
11 who have previously constructed surer facilitiees, by the colleting of the
12 sewer fees, either prior to or concurrent with the development of any property
13 served by the facility constructed under this agreement, if a Builder, who
14 develops property served by said facility; is re;quiredy as a condition of
15 development to construct additional sower facilitiea, City may allow said
16 Builder credit towards the per acreage fee consistent with this said Agreement;
17 City further agrees to furnish a copy of this agreement to the developer of
18 of wW properties served by the facilities described herein.
19 8. In the event City does not require a Builder to deposit the sewer
20 feel-with the City prior to or concurrent with Detveelopmernt# in that event City
21 will provide in an agreement with said developer that said deeve'deaper is obli-
22 gated not only to the City but to the Builder$ individuals or entities who
23 have previously contributed to the cost of construction of sewer facilities
24 constructed hereunder; said agreement will further provide that in the event
25 that it becceaes necessary to institute legal procee3dings, -either by the City
26 or by the Builder who has previously contributed to the cost of sewer facili»
27 ties, to enforce the rights of the parties thereunder that the prevailing
28 party shall be entitled to reasonable attorneys fees; provided, howrever$ that
29 the City shall not be required to pad* the attorneys fees for any of the parties.
30 9. It is undderstood that the City is not required to institute legal.
31 proceedings to protect the interest of the developer, but may do no.
32
_3_
A'
1 Dated
2 CITY OF HUNTINGTON Ham,
3 a muncippal corporation
4
5
6
7
City, Clark—
8 A111M 3V:M AS TO Mis
9
10
11 y
12 WILDER
13
14 R3'
Vice re t
15
16 By.
Asst. Secretary
17
18 SPATE OF CALIFORK A ) es
COUNTY OF ORANGE )
19
On this ��� day of -, 196 before in20 a Notary c; in ' 'fen` said Coup anc' .`a e,
21 personallyap known to me to be the MoVor,
and own to me to be the City Clerk of the
22 aity of ME iEEM Dan ; a a al corporation, the oorporatioa that
executed the within instrument and acknowledged to me that they executed said
23 instrument on bahslf of such aunicipal corporation.
24
25
26
27 STAT-L, OF CALI)MMIA ) as
COUNTY OF ORANGE )
28 on tug clay of 196_,,.* before ma, a Notary x'ubli.c,
29 in and for the+a c �Couuty aM XMs, personally Xspeared
. known to me to be the President and
30 knova to me to to the Secretary of the
corpora on that execu e t e instrument and acknowledged to me that
31 they efeauted said instrument on behalf of such corporation.
32