The URL can be used to link to this page

Home My WebLink AboutGeorge McCracken, Inc. - Reimbursement Agreement 71-S2 - Sew TOPIC FILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 1FILE NO, TOPIC t�: b ��4 oa Less 160/o 4- oo 4-,Oq ac , 6 0-MO 1ZZ7 , f0 7110 777 , �o 11 - G2- � 2� 777 , 10 Ti -70 fa�mfwl+ MIC-1 ?�ww m ce, qO 7 KI d+*- 3�0 - 00 (rO�-7730) -ZI -10 [A) n oo i kogavi no f,*,es, Faid December 22, 1971 George C. McCracken, Inc. 7.700 Slater Avenue Huntington Beach, CA 92647 Dear Mr. McCracken: . Rp , The City Council of Huntington Beech at its regular meets held Monday,, December 20 19�'1 a roved the Reimbursement Agreement for offslte -sewer rmain-- { = , No. 71-S2. ,.= Enclosed is a duly executed bopy of Said agreement # ? for your files. Sincerely yours, . 1� Paul C. Jones City Clerk PCJ:aw Enc. p' { G' City of Huntington Beach P.O. BOX 190 CALIFORNIA 62646 ENGINEERING DEPARTMENT December 13, 1971_ Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement for Offsite Sewer Construction George McCracken, Inc. Morgan Lane & Speer Avenue k Gentlemen: George McCracken, Inc. constructed offsite sewer main in Speer Avenue at Morgan Lane. Enclosed is Reimbursement Agreement No. 71-52 in the amount of $2,777.90 that provides for reimbursement as other properties connect to this sewer. main. r It is recommended tha this agreement be approved and returned to this office for transmittal. Very truly yours, i James R. Wheeler Director of Public Works E JRW:TM:ae r Enc. INVOICE Dale Casada Construction Co. N® 926 Sewer and Pipe Line Contractors 16462 Coronado St. Phone 630-1520 ANAHEIM, CALIF. 92806 DateAl Sold To �' ✓� � 1 ,76,23 Quantity Unit /Tofal 00 ao ty �o O 1 Of Az 75" 70 4/ 4s' 4� 0're'llIzz 41, zcle4��Izr ar 11 ,0,27 Ale ee &.�ebl, ?717 gO I 1 August 13, 1971 GM Construction 17873 Beach Boulevard Huntington Beach, California Subjects Offsite Sanitary Sewer and Storm Drain at Morgan Lane and Slater Avenue Geutlemeut Please be advised that this office reviewed the bids submitted to you for the construction of offsite sanitary sewers and storm drains in conjunction with your industrial development west of Morgan Lane and Slater A"nue. ❑ The bids by Dale Casada Construction Company, being low for both sanitary sewer and 'Storm drain, are acceptable to this office. Copies of the proposals will be retained in our files. Per our verbal agreement, upon completion of the storm drain any cost over and above your drainage fees will be reimbursed to you. Upon com- pletion of the sanitary sever a reimbursement agreement will be prepared whereby you will be entitled to funds from sever fees as others connect to the line. Very trdly yours, James R. Wheeler Director of Public Works JRWsHEH:ae bcc: Pat Spencer Ted Mullen I REIMBURSEMENT AGREEMENT FOR OFFSITE SEWER MAIN THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and George McCracken, Inc. , hereinafter for convenience referred to as "Builder." WHEREAS, Builder, pursuant to agreement with City has, at his own cost i and expense, constructed an offsite sewer main, hereinafter referred to as facilities, and said facilities have been constructed in conformity with i the plans and specifications approved by the Director of Public. Works of I City, and have been dedicated to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $4,450.00 an offsite sewer main and appurtenances to serve his property at Morgan Lane and adjacent ' properties. (See Exhibit "A"' attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $4,450.00 Times 90% (per Chapter 3.5 - Huntington Beach Code) 4,005.00 Less: Refund credited by waiver of fee @ $300.00/acre for 4.09 acres 1,227. 10 Net Refundable 2,777.90 No. 71-S2 I f i I Pitt ri•Y I No refund shall be made by City to Builder until the Director of. Public Works shall certify in writing, to the Finance Director. that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the connection fee. However, City agrees from an administrative, legislative or_quasi judicial procedure to protect the interest of developers, either individuals or entities, who have previously constructed similar facilities; by the collecting fees, either prior to or concurrent with the development, or any property served by the I facility constructed under this agreement. If a developer who develops property served by the facility constructed by Builder is required as a condi.tion of development to construct additional facilities, City may allow said developer j credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction City furthef agrees i to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In " the event City d(?es not require a developer to deposit the connection i fee with the City prior to or concurrent with development, City will provide i an agreement with said developer that said developer is obligated, not only i to the City, but to Builder. , and to developers who have previously contributed i to the cost of construction of facilities constructed hereunder to deposit I said fee with City; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce they rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees.; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- Zo i I I j At Ji S � YY tyy1 1 S i'4i � •�Z i �4• 1 �i .H.1+7 ._. i ��-a J7�..• � C. . It is understood that t_he City is not required to institute legal proceedings to protect the int.erest .of the Builder, but may do so: kdTTNESS OUR (HANDS AND SEALS the day, month and- year appearing below. DATEDthis � -/day of ,� :�C ' „ E'-� , 19�. CITY OF HUNTTNCTON BEACH, a municipal corporation Mayor ATTEST: cD Ci ty C1. - BUT LDER 4G r SFr_ _ A& t`/t L-" APPROVED AS TO FORM by -3- / V �-T' S. I�C. � 1 N/7•JJ "T� Gs�6_ // "7 P ✓^. A., G .t/ GP' .J�A Y.., �� I�t�i 33 7 f i I 1202 00 1° y d b Trr. MO 5899 P 215- 5 I WN li a 6EME R, L-\T1ON L4 1 J^ALL : I"=40' CONa 7' la,00 4,P 7�` R,C.P. 9 PLUG {�' �(Z. AVM. �EMC7 ,. - / 0� 7700 7;4--ZGG Z