HomeMy WebLinkAboutKaufman and Broad Homes - Reimbursement Agreement 112 - Wate RE,TYINJR9ENEN4' ACRLd814T
THIS ♦aREM iT, dated this ���y af�i�i -��r1, 1964. by and
B97WEEN
C ITT OF HUNTINGTON ►RACH,
a municipal corporation
hereinafter for aonven-
ienoe referred to as,
CITY
$AUI?U&N g BROAD HMMS
1811 W. TNatella Avenue
Anaheim, California
H'JILMR.
w I T N E 8 9 B T M
'MRUS9 Builder has filed with the Director of Public Norks of
the City of Huntington Beach for the exteasian of a sswer main and canrrection
thereto for DMt 6g and ?not 5062*
WHEREAS, Builder has entered into an agreement with the City
of Huntington Beach relating to perforaing the necessary work in the
construction of said serer line; and
SAS, Mlder hAs agreed, at his own cost aad expen.w to
construct and build said off-site surer facility all in conformity with
the plans, specifications and provisions as approved by the Director of Public
Worksf and
WHEREAS, the construction of said seiner line shall be in conformity
with the Hunting Beach Ordinance Code, more particularly Chapter 36 re-
Lting to sewer, and at the completion of said construction and upon acceptance
b r 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
1.
Numzae 11-1-
WMRFJS, the Builder shall be entitled under said sections
of the HmUngton Beach Ordinance Code, after such construction and
dedication of said sewer facility to refunds from connections by others
to said sewer facilityl
NOW THRRVOR99 in oonalderation of the pr deee and the agree-
vents herein contained, the parties agree as follows:
L 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 3each, Builder
shall be entitled to refund from 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 vhich refunds are
hereby agreed to be paid to Builder is described as follo as
Offsite: On Adams Avenue - from the 'feat boundary of Tract L416 to
f Bushard Street
Overeise t On Adana Avenue'- in front of Tract ?aIiL6
3e Builder does hereby ackno-wlsdge that he has received a-
refund in the form of a credit in the amount of r., 7�022_*40 rby
waiver of connection fees.
4* That the cost to the guilder for the construction of said
facility is Uis sum of D. 19.522.30 .
5. The refund to be paid to the &Ulder under this Agreement
is as follows:
Total Job Cost of Facility - - - - - - - - - $ 19,522.30
Total Amount Refundable under
Chapter 36 - - - - - - - - - $ 17,570.07
legal
Refund credited by waiver of
fee on connection to Tract 5062 - - - - - $ 7,022,40
Met Refundable - - - - - - - - $ ]Do547.67
2.
6. No refund payment shall be made by the Clerk of the City
of Fkatington Bsaeh to Builder until the Director of public 'corks 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
parti+oular facility in accordance with Chapter 36 and the City has received
the fee for such connection.
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.
However, City agrees from an adainistrative, legislative or quasi judicial
procedure to protect the interest of Builder, enter individuals or
entities, who have previously constructed sever facilities, by the
collecting of the sewer fees, either prior to or concurrent with the
approval of any final maps, if a developer is required, as a condition to
the approval of a tentative or a final -gyp to constnbet offsite or oversize
sewer facilities V-Ach extend the sewers to which the Builder is being reim-
bursed under this agreement, City gray allow said developer credit tomrds the
per acreage fee consistent with this said agreements City further agrees to
furnish a copy of this agreement to the developer of any properties served
by facilities described herein.
8. In the event City does not req ,i.Lv a developer to deposit the
sewer fee with the City prior to or c:)ncurran, 1vibh the approval of the
tentative or final map, in that event CLLI w_11 provide in any agreement with
said Developer that said Developer is obligated not only to the City but to the
3uilder, individuals or entities who have p.eviously contr,"outed to the cost of
construction of sewer facilitieo serving h1a development] said agreement will
further provide that in the event that it 7xzcomn necessary to institute legal
proceedings, either by the City or by the 'wilder v►` o has previously contributed
to the cost of sewer facilities, to enfor;e the rightr, of the parties there under
that the prevaili.n, party shall be entitled to reasonable attorneys fesel pro-
vided however that the City ohall not be required to pay the attorneys fees for
any of the parties.
3•
{
9. It is understood that the City is not required to institute
legal proceedings to protest the interest of the Builder, but may do so.
BATED: �kw-a!z - Iv , 1964
CITY OF HUNTINMN BEACH
A municipal corporation
►y
APROVr.D AS TO 17 0TI:
".fATA
As.. City Murney
KAUFTAN F BPOAP HOMES INC.
.,ai sr
by
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4.
STATE OF CALIFORNIA )
COUNTY OF OluWO )
7
On this
.�._-..�.�.m....�.�..... of..� --�� o. I9641 before c>ee
a NoUry Public in and for said County and Mate, persomlly appeared
knwn to ate to be. the Yhyor and -,��: .� ` /� • �`� t
kumn to m to be the City Clerk of the vity of untin;-ton iseacho the mu acipal
corporation that executed t e within instrv:.-zent, kn(jv n to me to be the persons
who executed the within instrment on bolialf of said municipal corporation and
acknowledged to as that such municipal corporation executed the same.
IGO
OFFICIAL SEAL
ERNESTINA 01 FABIO NOTARY PUBLIC - CALIFORNIA
1
PRINCIPAL OFFICE IN
ORANGE COUNTY Notary Yub.Uc in and r
- - ;,umty and State
9ANX37INA 01 FAMO.NOTARY PUBLIC
bt aqd for the Counry of Orange.State of CaufpMW
My Commission Etpir••June 16, J965
Q1W Hall•Huednetoo 8"'Chr C"
SUTE OF CALIFORNIA )
COUATr: OF DRAWN
0�►_ � �et �S . 1964 before ore me
a Rotary Plthlie, in anc: ?or said LMn, wq -- County and-State, perso: ly
appeared-- u%J1 . `�
_c t •�,��1�_ and �Aj ' '�^
knolls to me to be the President and the cretary
of the corporation Hiatt executed the within iastramnt, and also known to
to be the persoue who oxecufied it on behalf of such corporation, and acknm-
l.edged to me that such corporation executed the same, and Further acknowledged
to ms that Bach corporation executed the within instrLmentj pursuant to its
by-laws or a resolution of its B3 and of Directors* "
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_ CITY OF HUNTINGTON BEACH
ENGINEERING DEPARTMENT
Huntington Beach, Califomia
AUNTY �
June 15, 1965
Kaufman and Broad
10889 Wilshire Blvd.,
Suite 640
Los Angeles, California 90024
Attention: Mr. E. S. Rosenfeld
.� Subject: Bond Amounts and Fees;
Tracts 5907 & 5939
Dear Sir:
A review of our records indicate the status of fees on the existing
L _ tracts which you have constructed to be as follows:
1. Seweri // d
} o a. Reimbursement due for offsite and oversize
construction in conjunction with Tracts
4416 & 506210 7 067 pT r , dam
r b. Sewer fee for Tract 5206 159720.00
c. Sewer fee due Tract 5206 5,172.33 5",—
i d. Sewer fee paid Tract 5206 4,512.90
-� e. Balance due City 659.43
r
` 2. Water:
a. Reimbursement due for offsite and oversize
+ construction in conjunction with Tracts
4416 & 5062 $ 2 9 550.66'---
b. Water fee for Tract 5206 7,860.00
c. Water fee due Tract 5206 5,309.34 —
'� ' ray- d. Reimbursement clue for offsite and over—
, g1
c � size construction in conjunction with
Tract 5206 (ref. your letter of May 261,
1965) offsite:
4 P
Y
1339 l.f. 12" ACP 0 $6.77/ft = 9,065.03
5 ea. 12" G U 0 $225.00/ea = 1,125.00
2 ea. 12" x 6" Tees ® $112.50/ea = 225.00
Engineering 200.00
$10,615.03
Oversize:
' 700 1.f. 12" ACP 0 (6.77-3.00) = --.-2.639.00
13,254.03
90% reimbursable $11,928.63
e. Balance due K & B (item J less item c) 6,619.29 .�'
3. Drainage (Area 7D) :
a. Reimbursement due for offsite construction
in conjunction with Tract 5206 (ref. your
letter of May 26, 1965)
712 l.f. 27" RCP 0 $11.10/ft = $ 7,903.20
2 ea. Brick Bulkheads 4
$125.00/ea = 250.00
Engineering = 200.00
Reimbursement due K & B + 8053.20
4. Drainage (Area 7B):
a. Reimbursement Agreement dated
November 4, 1965, $61,147.00
Prior to this office receiving actual cost of offsite and oversize
sewer construction in conjunction with Tracts 4416 and 5062, an
estimate was used to determine the fee for Tract 5206. The balance
due the City in Item 1 above is due to the difference between the
estimate and the actual cost.
The engineering cost in Items 2 and 3 above were reduced for the
following reasons: Engineering for oversize construction is not
reimbursable since said cost is not dependent upon line size in
this case. It is our opinion that the $200.00 would cover any
engineering necessary for the offsite water main. Engineering for
the storm drain was reduced to $200.00 since all design was completed
' prior to your development. The only engineering necessary for your
development was to deli.nate that portion of the line to be installed
and the staking.
4b
The drainage refund listed in Item 3 above will be refunded to
you as soon as the paper work can be processed through the City
Council.
Following are the bond amounts and fees receivable from the sub-
ject tracts:
i Tact 5907 Tract 5939
102 lots on 105 lots on
f 18.874 ac. 21.139 so.
Improvement Bond $1202500.00 $1461,600.00
Mounment Bond 500.00 500.00
Fees
Sewer ($300.00/ac) 5,662.20 6041.70
Drainage ($2200.00/ac) 41,522.80 46,505.80
Engineering and
Inspection (3% x Imp. Bond) 3,615.00 4,398.00
Construction Water ($5.00/10t) 510.00 525.00
Sewer Pump Station ($72.14/ac) 1,367.23 1031.31
Each fee must be submitted on a separate check.
i
The water fee ($2,831.10 Tract 5907 & $3,170.85 Tract 5939) will
be credited toward the refund due per Item 2 above and the refund
which will be cue for cost incurred in the installation of an
oversize 16" line on Brookhurst and a 12" line on Indianapolis in-
conjunction. with Tracts 5907 and 5939
The drainage fee for Tracts 5907 and 5939 will be precredited to
you to be used toward the offsite storm drain construction provided
bonds are submitted to this office to guarantee the work or pay-
ment. (A sample bond is attached).
To review:
1. Tracts 441.6, 5062, and 5206
a. Sewer fee due City - $ 659.43 '
b. Water fee due K & B - 66,619.29
Water fees for future tracts
to be credited.
c. Drainage area 7D refund
due K & B $8053.20-7 ��°
!' d. Drainage area 7B .refund � g
due K & B 661,147.00
to be refunded as monies are
received by City.
r
2. Tracts 5907 and 5939
The bonds, two copies of the executed subdivision agreement,
a certificate of insurance and the fees listed herein must
be submitted prior to recordation except -
a. Water Fees to be precredited
b. Drainage fees to be bonded.
Very truly yours,
James R. Wheeler
Director of Public Works
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