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HomeMy WebLinkAboutKaufman and Broad Homes, Inc. - Reimbursement Agreement 113 CITY OF HUNTINGTON BEACH t c' ENGINEERING DEPARTMENT Huntington Beach, California COUNTY Lam` June 15, 1965 Kaufman and Broad 10889 Wilshire Blvd., Suite 6-4:0 (' .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 tracts which you have constructed to be a� follows: 1. :ewers a. Reimbursement due for offsite. and oversize construction in conjunction with Tracts 4416 & 5062 $10,547.67-- i-Y4�rdw b. Sewer fee for Tract 5206 (zaza�.�4 6o�w;g� = 15,720.00 c. Sewer fee due Tract 5206 5-,172.33 '- d. Sewer fee paid Tract 5206 - 4,512.90.. e, Balance due City 659.43 "' 2. Water: a. Reimbursement due for offsite 'and oversize construction in conjunction with Tracts s 4416 & 5062 $ 2 S50 66 b. Water fee for Tract 5206 7,860.00 _ c. 'Wat-er fee due Tract 5206 zc2./" " -roe2 5,309.34 � d. Reimbursement due for offsite and over— size. cor,stri.tction in conjunction with Tract 5206 ;ref. your letter of May 26, 196ti1 offsite: 4 • ti, {I I i 1339 l.f. 12" ACP @ $6.77/ft = $ 9,065.03 5 ea. 12" G U (6- $225.00/ea — 1)125.00 2 ea. 12" x 6" Tees ® $112.50/e� = 225.00 Engineering 200.00 $103,615.03 _ Oversize: { 700 1.f, 12" ACY ® (6.77-3.00) = 2,639.00 $13,254.03 i 90% rei.Lmbursable $119928.63 e. Balance due K & B (item e{ less item c) lid 6,619./J29 ' y^ 3. Drainage (Area 7D) : a. Reimbursement due for offsite construction in conjunction with Tract 5206 (ref, your letter of May 26, 1965) I 712 .1.f. 27" RCP @ Z11.10/ft - 7,903.20 2 ea. Brick Bulkheads $125.00/ea = 250.00 Engineering = 200.00 Reimbursement due K.& B �:ti $ 89353.20 l.: 4, Drainage (Area 7B) : i a. Reimbursement Agreement dated November 4, 1965 $61,147.00 i A, Prior to this office receiving actual costiof.offsite and oversize sewer construction in conjunction with Tracts 4416 and 5062, an estimate was used to determi.ie 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 j ergineering necessary for the offsite water main. Engineering for thee storm. drain was reduced to $200.00 since all design was completed prior to your development. The only engineering necessary for your ^evelopment wins to delinate that portion of the line to be installed and the staking i ti C� The drainage refund listed in Item 3 abov will be refunded to you as soon as the paper work can be proc�ssed through the City Counci? . Following tire the bond amounts and fees receivable from the sub- ject tracts: TractJ5907 Tract 5939 102 lots on 105 lots on 18.874 ac. 21.139 ac. Imorovement Bond $120,500.00 $146,600.00 I Mo:nment Bond 500.00 500.00 Rees Sewer (000.00/ac) 5,662.20 6041.70 I Drainage (� 2200.00/ac) 41,522.80 46,505.80 End ineer i.ng and inspection i3% x Imp. Bond) 3,615.00 4098.00 Corstruction Water ( "5.00/lot) 510.00 525.00 Sewer Puip Station (-$72.44/ae) 1,367.23 1,531.31 - I Each fee must be submitted on a separate check. The fee (a�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 wil"i be •nue for cost incurred in thb installation of an oversize 16" line on Brcokhurst and a 12" line. on Indianapolis in con"unct.ior with Tracts 5907 a_nd 5939. Tlhe drainage fee .for Tracts 5907 and 59391 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- men;.. (A sa p.le bond is attached) . :G review: 1. Tracts 4416, 5062, and 5206 a. -ewer fee due City 659.43 " h. Water fee due 4 €: B - $6,619.29 'ha.-t_.cr fee for future tracts n . !era::.k1ge :rea M refund .e B $8,353.20 --- � ✓l�.z /9�s� 0 L~ainp e area 7B refund F rz v it S � � w61,147.00 sobEr as monies are r• .r;a�ers y "'itv. I 2. Tracts 5,9M and 5939 The bonds, two copies of the executed subdivision agreement, a certificate of insurance and the fees listed herein must be submitted, prior to recordation except. - a. Water Fees to be precreeited b. Drainage fees to be bonded. Very truly -ours, James R. Wheeler Director of Public Works T J:tt�v:,�K.?f:hm I i I I . w I f i f i �1 Y P 5 C THIS AOMZMM, dated this j- ,, ¢sy or, era••-1964w by W BETUMN c1TY CITY of HUNTINGTON BEACY, a muniaipal cation hereinafter for aenvwia -• isms referred to as, Cm KAUFMAN 8 BROAD HOMES , INC. Ste . 640 , 10889 Wilshire Blvd. Los Angeles , California 90024 BUILDER W I T N E S S E T Bs WHEF"S, Builder has filed with the Director of Public Works of the City of Huntington Beach for the extension of a water main and connection thereto for ,Q$,,�.61b„wA 5062. WHEMW, Builder has entered into an agreerient with the City of Huntington Beach relating to performing the rAwassary work in the construct- ion of said water line; and WMMEAS, Builder ham agreed, at his own coat and expense to construct and build said off-.site water facility all in conformity with the plane, specifications and provisions as approved by the Director of Public Works; and WHERW,s the construction of said water line shall be in conformity with the fimtibSton Bauch a4inance Code, more particularly Chapter 33 re�- lating to waterr# and at the completion of said construction and upon aceeptamn by the Director of Public Works as being in full conformity wsth the plans and specifications approved by said Director of Public Works; shell be dedicated by the Builder to the City of Huintington Beach; and r t)Mi31�� Al YBB�iB, the Builder shall be entitled Hader said sections of the Huntington Reach Ordinance Code, alter each construction and dedication of said water facility to refunds from connections by others to said water facility; WN THERErM, in consideration of the premises and the agree- ments herein contained, the parties agree as followes 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 f6ea received by the City of Huntington Beach 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 Builder and for which refunds are hereby Agreed to be paid to Builder is described as follows: Oversimo s On Adams Avenue — from Bast tract boundary of Tract 4416 to Bushard Street. 3. Builder does hereby acknowledge that he ?:as received a refund in the form of a credit in the amount of $3 011.20 by waiver of connection fees. 4. That the cost to the Builder for the construction of said facility is the sum of $6,735.40. 5. The refund to be raid to the Builder under this Agreement is as follower Total Amount Refundable under Chapter 35 $6,061.86 Lest Refund ersAited by waiver of fee on connection to 3.y 1.2Q Not Refundable $2,550.66 2. i. 6. So refund payment phall be made by the Clerk of the City of Runtington Beach to Builder until the' Director of Public Works shall have certified, in vriting, to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this particular facility in accordance with Chapter 35 and the City has received the fee for such connection. 7. City shell not be liable for payment of refund by reason of Its failure to collect or receive from any person or entity the water fee. Rovever, City agrees from an administrative, legislative or quasi judicial prooedurs to protoot the interest of Builder, either individuals or entities, who have preciously constructed water facilities, by the collecting of the water 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 map to construct offeite or oversize water facilities which extend the water mains to which the Builder is being reimbursed under this agreement, City may allow said developer credit towards the per acreage fee consistent with this sale? agreement; City further agrees to furnish a copy of the agreement to the developer of any properties served by facilities described herein. S. In the event City does not require a developer to deposit the water fee with the City prior to or concurrent with: the approval of the tentative or final map, in that event City will provide in eny agreement with said developer that saie developer is obligated not only to the City but to the Builder, individuals or entities who have previously contributed to the coat of construction of water facilities serving his development; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the Ci'y or by the Builder who has previously contributed to the coat of water facilities, to enforce the rights of the parties there under 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 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. DATED: Y w "I'll, 1964 CITY OF HUNTINGTON BEACH A mmicipal gorporation ATTZOT c Mayor APPROVED AS TO FM a City C Asst. City Attorney KAUEMPN & BROAD HOMES- INC. Builder By I STATE OF CALIFORNIA COUNTY OF ORANGE "Ze—GCe'j!(. t'.' On this day ef-_ , 1964, before me, a Notary Public iin/and for raid County and State, personally appeared known to me to bE the Mayor and� �� _� -y`-�z-� known to me to we to be tk a persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that, such Muni- cipal corporation executed the sane. �.� OFFICIAL SEAL ERNESTINA DI FAEIO NOTARY PUBLIC CALI[CF;:i,. Notary Public in and for said PRINCIPAL OFFICE IN County and State ORANGE COUNTY --- -- ERNFs:nNA DI FABio.NOTARY PIJBLAC In and for the Couaty of Oraate.State of California v t My Commission E spire.Jnne 26, 1965 C'a'Hall-Hu.'4"n Beach, Gltf. 4. f • STATE Of CALVORNI.A ) sa COUNTY OF ORAME ) Oa.S�Ze:,• , � _� 1964 before a Notary Public, in and for se_id LeS j w kgll County and State, persons117 appesrede ��►Qa,. �i SG.•.�=,�l.l� andd lt` .A QUA . known to me to be the �}LCJ� President and the Secretary of the corporation that executed the within instrument, and also known to me to be the p,�-reons vho executed it on botalf of such oorporation, and acknowledged to me that such corporation executed the same, and further acknowledged to me that such corporation executes the within Instrument; pursuant to its b;-laws or a resolution of its Board of Directors. �att►ttti�ii o�ri AIV ,� . a • P.•��� y Notary .lublic !4y Commiseion expir ATRICIA MAE ORDWAY 5.