HomeMy WebLinkAboutHenry H. Bruderlin - Reimbursement Agreement 103 - Water Mai OFFICE MEMORANDA
To Zi�ti Date 40—
From 7— In Re
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Apocil 109, I.W.
Rosrorab:o Nw'zyor
and City Council
City of %mtiugtm Beach
Attentions Mr. Wyle NM*r
CI ty A&dmistrator
Subjeett Aoromwt for Aasi�ssNat
�`' of �brarseaeat Agraesemst
no. 102 mod UV
Hmpt1untoss Gumden AT t all
Gentlemen:
y Mr. Hoary R. DrvderLa, the owssr of the anw agtae %Z d m
. Apnrteente loc3te3 at 49M BdI Avemmg has been unable to pit a
i ' debt to the Water Dopnrtsent In the awasst or.S1.078.00. 'belt
is an agre at Detwom Mr. Braidlerlin and the OUIq ro. 103.
whereby he ie outitled to a rafmd in the amnet of 145 622 9br
' coet' to his For offaite water fhailities. Additi=%Wj there is
an agmwent Bo: 102. whsntW Nr. Dnderlin is entitled to a "fmd
is the amo int of $229657,47 for ofWte smes lhailiUse, voaatraete�d
by him.
Tramaittod herewith is m Aersaweat fbr Aesi-rrat pepsrsd
tv the Asaistaut City Attorney maL pies Mr. b derlis•e interest
to the City. Agrsenmt No* 103. In its estiretr the am of !MX,22
and aesloina a portim of A or
$626.78. In view of the cot that we haea bees uoaMe to ool3sat
the SloO78.009 and thart the alternate to sospeveeat of a debt is
to texaInate the water service to the spufteuts effwaUM sway
toanata, it is reoanseadsd that this agreement be appmsd and
that the Mayor and City Clesit be rmtaorlsed to awcute swo*
Yea7 trY�j yout�a•
Director of Public.Voxft
`� JPlV:RMs:ae
Trnw.
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REIMBURSEMENT AGREEMENT
Water Main
THIS AGREEMENT, dated this day ofL% �9, by and
BETWEEN
CITY OF HUNTINGTON BEACH'
a municipal corporation
hereinafter for convenience
referred to as$
CITY
*w Hem7 Hs Brweir2i8
Huntington Gardew
4901 Hall Anus
Huntington Beaohs CaUfo=U ^/t
BUILDER C
iYITNESSETH:
01HEREAS Builder has filed with the Director of Public Work of the
City of Huntington Beach for the extension of a water main and connection
Ruati on
thereto for � C+ardens at l�901 Iieil Avant�e A
WHEREAS, !Builder has entered into an agreement with the City of
Huntington Beach relating to performing the necessary work in the construction
of said water line; and
WHEREAS, Builder has agreed, at his own cost and expense to construct
and build said off-site water facility all in conformity with the plans,
specifications and provisions as approved by the Director of Public +Works;
and
1,1MREAS, the construction of said water line shall be in conformity
with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating
to crater, and at the completion of said construction and upon acceptance by the
Director of Public Aorks as being in full conformity with the plans and speci-
fications approved by said Director of .Public Yorks, shall be dedicated by the
Builder to ,the City of Huntington Beach; and
le
Number V_
14MREA5, the Builder shall be entitled under said sections of the
Huntington Beach Ordinance Code, after such construction and dedication of
said water facility to refunds from connections by others to said water
facility;
NOW, THEREFORE, in consideration of the premises and the agreements
herein contained., the parties awe as follows:
1. That upon completion of the construction of the facility
hereinafter 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 :3each for connections made to said hereinafter
described facility in accordance with the provisions of Chapter 35 of the
Huntington Beach Ordinance Code.
2. The facility constructed by Milder and for which refunds
are hereby agreed to be paid to Builder is described as follcwss
Oversize: Rail Avenue from 200 feet west of Holaa Chica to 650 feet
westerly thereof
3. Builder does hereby acknowledge that he has received a
refund in the form of a credit in the amount of s 4469*25 bV miver
of connection fees.
4. That the cost to the Builder for the construction of said
facility is the sum of 0�2,733.45 .
5. The refund to be paid to the Builder under this Agreement
is as follows:
. Total Amount Refundable under
Chapter 35 90% x UP233.85 $1#92047
Less:
Refund credited by waiver of
See on connection to $1,469,25
City participation $ -�
Net Refundable $ 45U22
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 for a specific connection having previously been made to this particu—
lar facility in accordance with Chapter 35 and the City has received the fee
for such connection.
2.
1
a-
L City shall not be liable for payment of refund by reason of
its failure to collect or receive from any person or entity the water fee*
However, City agrees from an administrative, legislative or quasi Judicial
procedure to protect the interest of Builder, either individuals or entities,
who have previously constructed water facilities, by the collecting of the
water fees, g1ther prior to or concurrent with the development of properties
serviced by said facility, if a builder who is developing property which will
be served by the facility described herein, is required, as a condition to
the development of said property to construct water 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 any properties being served by the facility to which builder is
subject to refund under this agreement.
$e In the event City does not require a builder to deposit the
water fee with the City prior to or concurrent with the development of
properties, in that event City will provide in any agreement with said
builder that said builder is obligated not only to the City but to the
builder, individuals or entities who have previously contributed to the
cost of construction of the water facilities; said agreement will further
provide that in the event that it becomes necessary to institute legal 'r
proceedings, either by the City or by the builder who has previously can,,•
tribated to the cost of water facilities, to enforce the rights of the
parties thereunder, that the prevailing party shall be entitled to reason..
able attorneys fees; provided however that the City shall not be required
to pay the attorneys fees for any of the parties°
9* It is understood that the City is not required to institute
legal proceedings to protect the interest of the builder, bat may do soo
Bated:
CITY OF HUNTINGTON BEACH
A municipal corporation,
A /
/Mayor
_City uleric
3*
v
APPRO7ED AS TO FORM:
s • UlVy tornsy
BUIIDER
1C8 FrISSMeR
by
9St• Cr-E ry
STATE OF CALIFOHNIA )
se
COUNTY OF ORANGE )
On this
day of 1�;; before me
a otary Pub in M ror said County,and State, persona
appea DONALD P. SHIPLEY, known to me to be the Mayor, and PAUL C• JONW#
known to me to b2 the City Clerk of the City of Huntington Beach, a municipal
corporation, the corporation that executed the within instrument and ackam-
Ledged to me that they executed said instrument on behalf of such municipol
corporation.
f/ OFFICIAL SEAL
ERNESTINA DI FABIO ERNESTINA DI FABIO•NOTARY PUBLIC
NOTARY PUBLIC - CALIFORNi,:
PRINCIPAL OFFICE IN In and for the County of Orange.State of California
ORANGE COUNTY My Commission Expires June 26. 1965
City Hall-Huntington Beach. Calif.
STATE OF CALIFORNIA )
, COUNTY OF ORANGE ss
i
On this , day of , :19 , before me, a Notary Public,
in and for said County and State, personally appeared
known to me to be the Preside
knovm to me to be the Secretary Treasurer. of Me
corpo-Mtaon that executed the within' instrument and acknowledged to ripe that
they executed said instrument on behalf of such corporation.
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40
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STATE OF CALIFORNIA
COUNTY OF
ss.
I ORANGE
On............... ARCH...3 .2.....!.965..............................................
before me, the undersigned, a Notary Public in and for said
m
County and State, personally appeared........................................
Q. HENRY H. BRUDERLIN
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..................-- ..........................................���AN� �\ --•------------.....-------------
P� CFO I s
Lo " o wte�Lthe rs�o�...... hose name..................
subs ' e t-tPg4 wii \� ment a acknowledged to me
.............0 p,N fiE .............................executed the same.
NESS m nd offs ' seal.
ask" _ V Jt�, iris';:] Notary Public is,a t�tf 19r
.9 P,�rtRfis �ffF q11�}
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