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HomeMy WebLinkAboutGuy Cherry - Reimbursement Agreement 68-S2 - Sewer Main M-sch 309 1970 1 --mrablrs t9 ,yt�r ma cl y ci l City of UmUt11 Bewh City .-41-Antstrata Subjects Eeimb3 rare nt Agreceent No. 68-S3 Constructlen of Off-slte Seer Wn Raw: Bouleva d South of Ellis Gentlemeng GUY Cherry com-AV-4cte a the subject main. Fees lay the armwt of %,,4 4 6 have becar. c®llmet" from dewa3® azs t-.vs av'e co=eA nd to this. Une d-ad salt sum 3s refundable 't6 Ohn ftvoloper per i hxe oronditimm of the ago to Th$s &*?. wjmt Is tho sr ,inInm.�, bal a e of th1s agreament. It is vacs ezteu' enat .s. bax t ei awsed by the attached a(36ss'ei.$1'viti' )" the chic`;. be =do payeble to fy ChGMTV aw th ves-1 `truly ywan3 OF sOMM-ai "EMI Au"s:01MING T113 IlMy UMM OF TI Of t ERMI TO SEUTER Mho W-MMUM a.S, "h City Ownel5 of the city of Huntlastm Beach has edoppted a budSet for f:h3 Fiscal Year 1969-70 by 0rdlume No. L5089 U."ERMag Soeticr.a 5 of said mrdln=e gee 1508 provides the p-razed Te for 0-uthorlagng a -Mures EVOM the several Sp=121 Funds mentlowd in said sectlon 30 and v;31F. ASD the Director. of Public Works and tho City Administrator have Tay ism- dad we. ae t. REVISO the City Cowell Thereby approver- said rQCG=uftt1OwO b BE N " ��-GM P'.�SOLIa) that an expauditure In tho ammmt of Czar `.1m.v2.-ad youT Usmered Fifty-aw and 16/100 dollars ($19451.16) Is Iewbaby aat1wrimad -to ba mmda from the SaMr Fund, Fund payable to Hui Mir Charry for wmk porfolmA per Valmburs t ftwmant Too GO-S& MISSED &I.6 .1"Mm D S dray 89 , 19700 $�Qci'3jsAFP omm-xaveva.—avfr v,rsco(:au-n.-mar�surtca�c.:m -_- - --- �a2.�'� K,y 13. 1968 3 i S 1 Honorable F ayo r and City Council City of Huntington Beach jAttention: Doyle Hiller City Adrinisteator Subject: Reimbursement Aft No. 68-S2 18552 Beach Boulevard r� Gentlemen: Transmitted herewith is a reimbursement agreement bettaeen the. City and Mr. Guy Cherry. fir. Cherry installed an off»ai.te sewer main in Beach Boulevard in conjunction with hie development at 18552 Beach Boulevard. SAd agree- meat will authorize refunds to Mr. Cherry in accordance with City ordinances. It is recommended that your Honorable Body approve th© execution of the agreement by the City and that the Clerk be directed to file one copy and return one copy to the builder. Ve F x'Y truly 3T'oUM 'i ft� JLt1Qe8 R. ni@@16r Bisector of Public Works Trans. ,C July 26, 1968 Guy Cherry 18518 Beach Boulevard Huntington Beach, California Subject: iteiuWrreseat Agreewot 6"2 Bever in Beach Blvd Dear Mr. Cherry: Enclosed herewith is a check for $1,189.00 Which represents payment of monies collected for connection to the sewer constructed by you. Balance due on the subject agreement is S2,64o.16 minus $1,189.00 = $1,451.16. If there are any questions, please contact this office. Very truly yours, James,R. -wheeler Director of Public works Darrell G. Boyer Division Engineer JRW:DGB:ae Encl. ,1 ;r N :L. May 289 1968 Honorable Mayor —� and City Council City of Huntington Beach Attentions ph. Doyle Miller City administrator Subjects Reimbursement Agreement No. 68-52 18552 Beach Boulevard with Mr. Guy Cherry 'FF Gentlemen: 9T1 The city has collected sewer fees from a development at 1850'2 Beach Boulevard which are subject to refund to Mr. Cherry y per the subject agreement. It is recommended that your Honorable Body approve the attached resolution to refund $1,189.00 to Mr. Cherry from the sewer fund. Y' Very truly pure, James R. hfieeler.. Dir ec for of Public Works JRWsJKMsmp Attach. i/ �"�' !!!yyy f a �1 4 k l REIMBURSEMENT AGREEMENT 2 Sewer Main + I • 3 4 THIS AGREEMENT by and between CITY OF HUNTINGTON BEACH, a 5 municipal corporation, hereinafter called City, and GUY CHERRY, 6 18518 Beach Boulevard, Huntington Beach, hereinafter called 7 Builder, 8 W I T N E S S E T H: 9 WHEREAS, Builder has filed with the Director of Public Works 10 of the City of Huntington Beach for the extension of a sewer main 11 and connection thereto for the development at 18552 Beach Boule- 12 vard; and 13 Builder at his own cost and expense has performed thenec- 14 essary work to construct and build said off-site sewer facility 15 all in conformity with the plans and specifications approved by 16 the Director of Public Works; and 17 City and Builder desire to enter an agreement to reimburse 18 Builder for part of the cost of said off-site facility, 19 NOW, THEREFORE, in consideration of the premises and the 20 agreements herein contained, the parties agree as follows : 21 - 1. That Builder is entitled to receive refunds from connec- 22 tion fees received by City from other builders for connections 23 made to the off-site sewer facility in accordance with the pro- 24 visions of Chapter 36 of the Huntington Beach Ordinance Code. 25 Said facility is described as located 345 lineal feet of eight (8) 26 inch• V.C.P. sewer on the east side of-Beach-Boulevard from Ellis + 27 Avenue southerly. 28 2. Builder does hereby acknowledge that he has received a 29 refund in the form of a credit in the amount of Five Hundred 30 Twenty-eight and no/100ths Dollars ($528.00) for payment of his 31 connection fees. 32 3. That the cost to Builder for the construction of said l• No. 68-S2 y 1 facility is the total amount of Three Thousand Five Hundred Twenty 2 and 18/100ths Dollars ($3,520,18) . .. 3 4. The refund to be paid to Builder under this agreement is 4 as follows: 5 ''`T-otal Job Cost of Facility $ 3,520.18 6 Total Amount Refundable under Chapter 36 = 90% x $3,520.18 3,168.16 - 7 LESS: 8 Refund credited as payment of ` fee for connection of sewer line 9 to lot 528.00 10 City Participation -------- 11 NET REFUNDABLE: $ 2,640.16 12 5. No refund payment shall be made by the Director of 13 Finance of the City of Huntington Beach to Builder until the 14 Director of Public Works shall have certified, in writing, to 15 the Director of Finance that Builder is entitled to a refund in 16 accordance with Chapter 36. 17 6. If a builder, who develops property served by said fa- 18 cility is required as a condition to approval. of. development to 19 construct additional sewer facilities, City may allow said 20 builder credit toward the per acreage fee consistent with this 21 agreement; City agrees to furnish a copy of this agreemert.•._to 22 the developer of any properties served by the. facilities de- � 23 scribed herein. 24 7. City shall not be liable for payment of refund by reason 25 of its failure to collect or receive the 'sewer fee from any per- 26 son or entity. In the event City does not require a builder to e 27 deposit the sewer fee with the City prior to or concurrent with 28 development, City may provide in an agreement with said developer i 29 that said developer is obligated not only to City but to builders 30 who have previously contributed to the cost of construction of 31 sewer facilities herein described; said agreement may further 32 provide that in the event that it becomes necessary to institute • 1 2. i x' V.. f 1 legal proceedings, either by City or by Builder who has pre- • 2 viously contributed to the cost of sewer facilities, to enforce 3 the rights of the'parties thereunder, the prevailing party shall 4 be entitled to reasonable attorney' s fees; provided, however, 5 that City shall not be required to pay attorney' s fees for any g of the parties . 7 8. It is understood that City is not required to institute 8 legal proceedings to protect the interest of Builder, but may do 9 so. 10 WITNESS OUR HANDS AND SEALS the day, month and year set -; 11 forth below. 12 DATED this day of 1968. i 13 CITY OF HUNTINGTON BEACH, a municipal, corporation, 14 �L 16 . By 16 Mayor i 17 ATTEST: i 18 19 City Clerk 20 21 DATED this t.Pl�--4 day of 196 22 . LC AI ER4 23 24 By 25 pe p retary 26 ' 27 APPROVED AS TO FORM: 28 29 0� �� 30 Assistant City Attorney 31 , 32 3• {