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HomeMy WebLinkAboutDoyle and Shields Development Company - Reimbursement Agreem - DOYLE & SHIELDS Development Co.,Inc. D S 831 50. MANCHESTER AVENUE/ ANAH EIM,CALIFORNIA 92804/ PROSPECT 2-8020 (AREA 714) June 30, 1964 Mr. James R. Wheeler Director. of Public Works City of Huntington Beach Huntington Beach, California Re: Reimbursement of sewer and water main costs Dear Sir: Relative to your letters of May 15 , 1964 and June 19 , 1964 pertaining to reimbursement fees , please be advised that we will accept the .figures contained therein as substantially correct. Enclosed herewith is the reimbursement agreement for the sewer main on Edwards Street adjacent to Tract 4746 which we have accepted and executed. However, consummation of our reimbursement agreements should be, we feel , contingent upon city acceptance of the following stipulations : 1. That all reimbursement balances due this company as of this date (less those fees pre-credited to Tracts 5450 and SS36) be approved by City Council action and payment be made to Doyle & Shields Development Co. , Inc. immediately rather than pre-crediting future tracts. According to figures mutually agreed upon by Mr. John Sullivan of our company and Mr. John Mandrell of your Engineering Department , it appears we are entitled to $11 ,250.05 for installation of over-sized water mains on streets adjoining our developments in Huntington Beach. This is in addition to the $11 ,907.15 due for over-sized sewer mains covered in the attached agreement drawn by your office. 2 . That, due to the increased engineering costs inherent in the planning and execution of these projects , this company be reimbursed 50 of the overall costs (same sum used by the city to compute 90% reimburse- ment) , which after careful study, we feel to be a minimum, reasonable charge. This 5% reimbursement amounts to $40259. 71. _ a Page 2 Mr. James R. Wheeler Director of Public Works City of Huntington Beach Huntington Beach, California June 30 , 1964 Water main reimbursement $111250. 05 Sewer main reimbursement 110907. 15 'L ' Engineering costs (S�) 4,259. 71 t $270416.91 We trust the above stipulations will receive your whole-hearted concurrence and approval and that any future agreements entered into will be resolved in the same harmonious manner and with the optimum degree of .cooperation as shown by all city representatives processing our recent developments . Sincerely yours , DOYLE & SHIELDS DEVELOP ENT CO. , INC. rank M�. D o .L9 : CI Encl. FMD/rg , 1 �I 3 ci -Ti . - 0'*L ems- 4 t) ! 6p- �-_ -- nil- IV- � REIMBURSEMENT AGREEMENT THIS AGREEMENT, dated this of May , 1966 by and BUNE EIS CITY OF' HUNTIIiGTON BEACH9 a municipal corporation he.reinaf ter for conven- ience referred to as, CITY DOYLE & SHIELDS. DE.VELOEr0ENT CO. BUILDER W I T N E S S E T Ha MiEREAS, Builder has filed with the City Engineer of the City of Huntington Beach for the extension of a sewer main and connection thereto for Tract 4746 WHEREAS, Builder has entered inw an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said sewer line; and eYHEREAS, Builder has agreed, at his cyan cost and expense to construct and build said off-site seder facility all in conformity with the plans, specifications and provisions as approved by the City Engineer; and '+IHEREAS, The construction of said sever line shall be in conformity with the Huntington Beach Ordinance Code, more particularly Chapter 36 re— lating to sewer, and at the completion of said construction_ and upon acceptance by the City Engineer as being in full conformity with the plans and specifica- tions approved by said City Engineer,, shall be dedicated by the Builder to the City of Huntington Beach; and 1e w Number 101 T9HEREAS.. the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code, after such construction and dedication of said suer facility to refunds from connections by others to said surer facility; NOW THEREFORE, in consideration of the premises and the agree- ments herein contained, the parties agree as fonows: 1. That upon completion of the construction of the facility hereinafter described by the Builder :o the full satisfaction of the City Engineer and on its dedication to the 0ity of Huntington Beach' Builder shall be entitled, to mfund from connee~.ion fees received by the City of Huntington Beach for connections made to said hereinafter described facility in accordance with VY3 provisions of Chap`.er 36 of the Huntington Beach Ordinance Code, 2. The : acility constructed by Milder and for which refunds are herety agreed to be paid to Builder is described as follows: Offsite - Edwards Street from Heil Avenue to Slater avenue 3. Pander does hereby acknowledge tha, he has received ,a refund in the form of a credit in the amount of �6& -4_2 _by waiver of connection fees. L.. That the cost to the Builder for the construction of vaid facility it the sum of �781.�? . S. The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility �»$ 449781.37 Total Amount Refundable under Chapter 36 40,303:23 Less: a. Refund credited by wavier of fee on connection to lot �ago5,ILO �_... b. City participation 1-10-63 22,390.68 28096.08 Net Refundable jja907� 2, 6, No refund payment shalt be made by the Clerk of the City of Huntin7ton Beach to Builder until the City Engineer 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 36 and the C`ty has received the fee for such connection, Dated: CITY OF HUNTINGTON BELCH A municipal Corporation, Mayor By City Clerk DOYLE & SHIELDS_b,LV9LOPN-ENT CO. ,INC BUILDER entr c retary 30 STATE OF CALIFORNIA } Ss CCXJNTr OF ORANGE ) On this day of , 1964, before me,, , a Notary�iib c, in and for. sa ounty and State, persona11y appears DONAID 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 Huntingtcn Beach, a municipal corporation, the corporation that executed the within instrument and acknow- ledged to me that they rxecuted said instrument on tehalf of such municipal corporations STATE OF CALIFORIIA } ss COUNTr OF ORAiJrF } On this 30th day of June , 1964, before me a Notary Public, in and For c ICounty aan `Mies personally appoared rank M. Doyle known to me to be tie Pre s dent and L. P. Shields , known to me to be Vi3 Secretary-Treasu of the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such corporation. MARY K. NASSANO M* Commission Expires Dec. 30, 1967 4e REIMBURSEMENT AGREEMENT THIS AGREIIVfENT9 dated this 1� dal* of May y 19,442 by and BET;VE Eli CITY OF' HUNMiGTON BEACH9 a municipal corporation hereinafter for conven— ience referred to as, CITY DOYLE & SHIELDS DEVELOPMENT CO. BUILDER W I `f N E S S E T Hs IVHEREAS, Builder has filed with the City Engineer of the City of Huntington Beach for the extension of a sewer main and connection thereto for Tract 4746 WHEREAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said sewer line; and WHEREAS, .Builder has agreed, at his own cost and expense to construct and build said off-site sEser facility all in confomity with the plans, specifications and provisions as approved by the City Engineer; and WHEREAS, The construction of said sewer line shall be in conf omity with the Huntington Beach Ordinance Code, more particularly Chapter 36 re- lating, to sewer, and at the completion of said construction and upon acceptance by the City Engineer as being in full conformity with the plans and specifica- tions approved by said City Engineer, shall be dedicated by the Builder to the City of Huntington .Mach; and 10 Number 101 WHEREAS. the Builder shall be entitled under said sections of. the Huntington Beach Ordinance Code, after such construction and dedication of said sewer facility to refunds from connections by others to said sewer facility; NOW THERIYORE, in consideration of the premises and the agree- ments herein contained, the parties agree as follows: 1. That upon completion of the construction of the facility hereinafter described by the Builder t,o the full satisfaction of the City Engineer and on its dedication to the City of Huntington Beach, Builder shall be entitled to m.fund 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 Huntin.7*ton Beach Ordinance Code. 2. The .facility constructed by Euilder and for which refunds are hereby a-,-reed to be paid to Builder is described as follows: Offsite - Edwards Street from Heil Avenue to Slater Avenue 3. Builder does hereby acknowledge tha•„ he has received a refund in the form of a credit in the amount of $ 6,005.40 by waiver of connection fees. L. That the cost to the Builder for the construction of said facility is the sum of $._ 442781.37 5. The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility $ 44,781.37 Total Amount Refundable under Chapter 36 S 402303.23 less: a. Refund credited by wavier of fee on connection to lot 6 005.40 b. City participation 1-10-63 20 0. 28096.08 Net Refundable 11,907.15 2. No refund ,&tkment shall be made by the C'Ierk of the City of Huntin-ton Beach to Builder until the City Engineer shall have certifiedo in writim_, to �!,he City Clerk that Builder it.. entitled to a refund, for a specific connection havin,-, previously been mde to this particular facility in accordance with Chapter 36 and the C--'-ty has received the fee for such connection, Dated: CITY OF HUNTINGTON BZICH A munioilial Corporatio.a. By Mayor By City Clem DOYLE & SHIELDS b--WELO' PMtM CO. JNC dent CAP, By See re ta ri 3. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this day of , 1964s, before me, , a Notary- Public,in and foy said- and States per.:3ona1 y appeared DONArD P. SHIPIEY9 known to me to be the 11ayor, and PAUL C. JONES, known to me to be the City Clerk of the City of Huntingtcn Beach,, a municipal corporation, the corporation that executed the witntn instrument and acknow- ledged to me that they executed said instrument on lehalf of such municipal corporation. STATE OF CALIFO aA ) ss COUNTY OF 0RALIGE ) On this 30th day of June , 1964s, bEfore me, a Notary Public, in and T&F—s—M-County M`M es personally appoaced Frank M. Doyle , known to use to be t ie President and L. P. Shields , known to me to be the Secretary—Treasurer of'— the corporation that executed the within instrument and acknowledged to me that they executed said insi:vment on behalf of such corporation. MARY K. NASSANO My Commission Expires Dec. 30, 1967 4. REIMBURSEMENT AGREEMENT THIS AGREEONT, dated this ��y of s 19632 by and BEViE M CITY OF HUNTINGM3 BEACH, a municipal corporation hereinafter for conven— ience referred to as, CITY BUILDER W I T N E S S E T H: IVHEREAS, Builder has filed with the City Engineer of the City of Huntington Beach for the extention of a sewer main and connection thereto for ANEREAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said sewer line; and ►VHEREAS, Builder has agreed, at his oven 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 City Engineer; and IVHEREAS,' ?he construction of said sewer line shall be in conformity with the Huntington Beach Ordinance Code, more particularly Chapter 36 re— lating, to sewer, and at the completion of said construction and upon acceptance by the City Engineer as being in full conformity with the plans and specifica— tions approved by said City Engineer, shall be dedicated by the Builder to the City of Huntington Beach; and 1, C�O WREAS, the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code, after such construction and dedication of said sewer facility to refunds from connections by others to said sewer facility; NUX THEREFORE,, in consideration of the premises and the agreements herein contained' the parties agree as follows: 1. That upon co-pletion of the construction of the facility hereinafter described by the Builder to the full satisfaction of the City Engineer 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. 20 The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as follows: Lj �a �ca � 3. Builder does hereby acknowledge that he has received a 5 40. refund in the form of a credit in the amount of �, o0 by waiver of connection fees. 4. That the cost to the Builder for the construction of said facility is the sum of 3 5. . The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility y 4J-7 Total Amount Refundable- under Chapter 36 Less: a-, Refund credited by waiver of a fee on c onnection to lot 6. C�' r�i I b-\ 1;/o•.45 ZZ 3'io G8 Net Refundable. 2 , 20 I • 6, No refund payment shall be made by the Clerk of the City of Huntington Beach to Builder until the City Engineer shall have certified, in writing, to the City Clerk that Builder is entitled to a refund for a specific connection having previous]y been made to this particular facility in accordance with Chapter 36 and the City has received the fee for such connectiono Dated: o CITY OF HUNTINGTON BEACH A municipal Corporation, By Mayor B City Clerk BUILDER By President By Secretary 30 • T • STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this day of , 1963, before me, , a Notary Public., in and for said County and State, personallyy appeared ROBERT M. LAMBERT, known to me to be the rdayor, and PAUL C. KNES, 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 acknowledged to me that they executed said instrument on behalf of-such municipal corporation. STATE OF CALIFORNIA ) Be COUNTY OF ORANGE ) On this day of 1963, before me, a Notary Public, in and odd County an fate, personally appeared known to me to be the President and known to me to be the Secretary—Treasurer of the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such corporation. lie JulY 33 1961,1 U.onorable Mayor and City Council City of -Tantington Beach 1-1matington Beach.4 California Subject: Tract Gentleriento Doyle and Shieldso t1ae developers of Tract 4746, constructed an offsite sewer in Edwards .. Street fmm Hall Avenue to SIP-ter Avenue, Under Chapter 36 of the Huntington Beach Ordint-mee Cade, Doyle and Shields are duc $11�.,146.22 in refund for the offsite facility constructed, Since fees have boon collected from two now tracts Ifi- 6ii—s-of the rofund due and the new tracts are diroctly served by this sewer faeility, it is requested that your Honorable Body approve the attachod resolution to rer=,d Doyle and Shields. Very truly yourss,James R. Vheeler Director of Publio Works JRW s JKYTI a P.S. Please remit check to this office for trans- mittal, t' 0Sr 7,6137 o7 21 , a i*... ., �3.,,*..�iS.: r. M.�zs��'�`,�:...�...,'.A�.'""a=.�.-`# `#=:�.k�`,"�eo-i',M1- 1='.—":Y".,.:_�..-.",.re"�".-.-,t•: �1-"may,"., - - �' OPT #�t'1`tfii �1'AF°}4 1►ti'tiep€' �496 =�i� 0- ::.. ast�i3i w`►iti, tip t'N" PA00 40 'ACO Togo. d1�RtaN li9A fl�f�ut,tl� p �1,i+li?�R 4`PsP fFi4 (�t��e� .o�aRa �7k�y�n�► `svc - �`"�� �. 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