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HomeMy WebLinkAboutFreeway Industrial Park - Reimbursement Agreement 130 - WateJune If), 1968 'Ionorable Ma r and City Council City of Huntington Beach Attention: Doyle tdiller City Administrator Subject: Refund per Reimbursement Agreement #130 for Oversize and Offsite Water Mains for Tract 4064 Gentlemen: ,r Freeway Industrial Park constructed offaite and oversize e mains in connection with the above development. The total monies due to the developer are .$3,362.48. Tt is recommended that approval be given to refund said amount from the :rater Fund. If the refund is anproved, please return the check to this office for transmittal. Very truly yours, James It, 11%eeler Director of Public Works JRW Mns cc: Finance Department REIMBURSEMNT AGREEMM, Sewer Main THIS AGRE ENT, dated this day of 15 , by and BETWEEN 10� CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as, I T N E S S E T H: CITY BUILDER 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 t-aJ- C 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 acreed, at his own cost and expense to construct and build said off —site sever facility all in conformity with the pia ns, specifications and provisions as approved by the Director of Public 'forks; and MEREAS.. The construction of said sewer line. shall be in conformity with the Huntington Beach requirements relating to surer, and at the completion 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 I. Number /30 r WHEREAS, the Builder shall be entitled under this agreement, after such construction and dedication of said sever facility to refunds from connections by others to said sewer facility; NOIK, THEREFORE, 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 here- inafter 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 in accordance with the provisions of Chapter 36 of the Huntington Beach Ordinance Code., 2. The facility constructed by Builder and for which refunds are herby agreed to be paid to Builder is described as follows: OJmrs1 el 0It., S-+,rts r - 4TO ►, (zJ' _'raLr /Q04kve fo 13 Z0 '�'I Sect O(,(.cO-P g«�- SvJ�'� �� �A�r►5Lv %�t�tw�e 1-i¢i � l�r ¢.�.✓t - �r.►,� G, vff.�.rc� S-�'��e.l % Col'�"ati u!,c:41� S�r �1/ 3. Builder'does hereby acknowledge that he has received a refund in the form of a credit in the amount of $ 11) Z 1 4 u v by waiver of connection fees. 4. That the cost to the Builder for the construction of said facility is the sum of $ as oiaows: 9c1 - N tJYJ l ell The refund to be paid to the Builder under this Agreement is Total Job Cost of Facility Total Amount Refundable under Chapter 36 e, 90% x$ 1 a, 4 t g 3 Less: Refund credited by waiver of fee on connection to lot City participation Net Refundable: $16j41s 31 Z14 Nv It r- �^ 3C0 2 '�S 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. 2, 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. H(wever, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of Builder, either individuals or entities, who have previously constructed serer 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 deve lops property served by said facility; 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 arW properties served by the facilities described herein, 8. In the event City does not require a Builder to deposit the surer 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 is cbligated 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 facilities, 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 partieso 9. It is understood that the City is not required to institute le gal proceedings to protect the interest of the developer, but may do so. Dated: 3. CITY OF HUNTINGTON BEACH A municipal corporation, BY zty our qb APPROVED AS TO FORM: last. City Xttorney BUILDER By ice FresER7 By Asst. recretary STATE OF CALIFOML ) as COUNTY OF ORANGE ) On this day of 19 , before me , a Notary — —Me, in arO for sa ounty M State, persona appears DONALD P. SHIPLEY, known to me to be the Mayor, and PAUL C. JONES, know to me to be the City Clark 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. STATE OF CALIFORNIA ) } as COUNTY OF ORANGE ) On this day of 19 . before me, a Notary Public, in and fore said C y a , personally appeared known to me to be the PresideR and known to me to be the Secretary of the corporation Mt ezecute t within instrument and acknowledged to me that they executed said instrument on behalf of such corporation. 4.