HomeMy WebLinkAboutDoyle and Shields Development Company - Reimbursement Agreem - DOYLE & SHIELDS Development Co.,Inc.
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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.
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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
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