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HomeMy WebLinkAboutMeredith Construction Corporation - Reimbursement Agreement nUSINESS OFFICE Ml c.n 4-4508 k FIELD OFFICE HE-n GG 2-3183 MEREDITH CONSTRUCTION CORP. 305 EAST MAIN STREET - P.O.BOX 486 TUSTIN,CAMYORNIA i January 18 1966y,I,�� t Jry g r Stromberg, Inc. 4521 W. Bolsa P .O. Box 299 Santa Ana, California Re: Offsite Sewer Pump Station Huntington Beach, Calif . Gentlemen: 'Enclosed is our check for $2,626 .48 representing final payment under the above contract. The check has been made payable jointly with Baum Electric Co. in accordance with our conver- sation with your office today. Your letter of January 10, 1966 showing $2,704.48 due includes an item of $78.00 for 15% overhead which was disallowed by the Public Works 'Department, City of Huntington Beach. Very truly yours, MEREDITH CONSTRUCTION CORP. RAM.1c Zi and Mete i vncl . Vice-president c. c to:, '/Director of Public Works City of Huntington Beach P .O. Box 190 Huntington Beach, California c c to: Baum Electric Co. Inc. 10552 Stanford Ave. Garden Grove, California i Brookhurst Sower Station No. 11 THIS AGREEMENT, dated this ww_..._ day of � � �..__..� 196 , by and BLVWEM CITY OF MMTINGTON BEACH, a municipal corporation hereinafter for convenience referred to as, CITY ITS CONSTRUCTION CORPOIIATION 305,Zest !fain Street Tustin, California BUILDER WITNESSETB. WORM, Builder has filed with the Director of Public Works of the City of Huntington Beach for the construction of a sewer pump station and connection thereto for Tracts 5128, 51919 5192, 5193 and 5197; WEMMU, Builder has agreed, at his ovn coot and expense to construct and build said off-site sewer facility all in conformity with, the plans, specifications and provisions as approved by the Director of Public Works; and WHEREAS, the construction of said ewer pump station Mall be in conformity with the Huntington Beach requirements relating to sewer, and at the completion of said construction and upon acceptance by 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 Wes, the Builder shall be .entitled udder this agreement, after such construction and dedication of said sewer facility to refunds from connections fay.others to said dower faaili .y; Now 127 !1 NOW, THERMIM, in consideration of the premises and the agreemean's herein conwained, the parties agree as follows: 1. That upon completion of the construction of the facility here- inafter described by the Builder to the full satisfaction of the Director of Public Works and on its acceptance by the City of Runtington Reach, Milder shall be entitled to refund from sewer pump station fees received by the City of Huntington Beach for connections made to sewer mains served by said hereinafter described facility at a rate of $75.00 per acre. 2. The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as follows: The Brookhursat Sewer Pump Station No. 17 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of $6,154.01 by waiver of connection fees for Tracts 5128, 5191, 5192, 519,E and 5197. 4, That the coat to the Builder for the construction of said facility is the sum of $28,264,81. 5. The refund to be paid to the Builder under this Agreement is an follows Total Job Cost of Facility $28,264.81 Less Refund credited by waiver of fees on connection to Tracts 5128, 5191, 5192, 5193 and 5197 8 �jI .01 Not Refundable: $221110.80 6. No refund payment shall be made by the Clerk of the City of Huntington Reach to Builder until the Director of Public Works shall have certified, in writing, to the City Clark that Builder is entitled to a refund for a specific connection served by "hit particular facility, and that the City ban received the fee for such connection. 7. City shall not be liable for pa;yaent of refund by reason of its failure to collect or receive from any person or entity the sewer pump station fee. However, City agrees from an ad]miniatrative, legislative or quasi judicial procedure to protect the interest of Builder, either individuals or entities, who have previously constructed sewer facilities, by the collecting of the sewer pump station fees, either prior to or concurrent with the development of any property served by the facility constructed under this agree went, -2- City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. $. In the event City does not require a Builder to deposit the surer pump station fee with the City prior to or concurr w with Development, in the: event City will p-rovide in an agreement with said developer that said developer is obligated not only to the City but to the Builder, individuals or entities who have previously oontributed to the cost of construction of sewer facilities constructed hereunder; said agreement will further provide that in the event that it becomes necessary to institute legPoLl proceedingp, either bey the City or by the Builder who has previously contributed to the cost of sewer facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be rsquirad to pay the attorneys tees for any of the parties, 9. It is understood that the City in not required to institute legal pros"din® to protect the interest of the developeer, but may do so. Dated; CITr Or HUNTI " BUCH A municipal corporation. BY mayor B'............ .___ City Clerk APPROVED AS TO FORK: t. City Attorney BUILDER By Vice ?resident As+rtt. $ecretar.y T r STATZ OF CAL 1100= gm COMM OF O ) On phis day of _ 19 , before me _ , a Notary S@bl'is s in and ai r ei#.d Cowty end $tote, per ally'-sppenred— DO1ULD P. SN I:PLU, known to no to be the error, and PAUL C. JQW, known to me to be the City Clerk of the City of Hunting'on Beach, a municipal corporation, the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal corporation. STATE GF CALYB M" ) ) COt1m or +OitUM ) On this day of 19 before me, .a Notary Public, in and far he said Count and .taste, porsoi;I'. y appeared Wmown to me to be the P sideri°;and- -_ , known to me to be the Secretary of the corporation that executed the within instrument mad acknowledged to me 4hat they executed said instrument an behalf-of such corporation. -4- I , Do Ar *A _J 44 � w d IMW Z91 98 � 59LC z 33 7 - - -- - - \- - v 41 i(0_0 O_LLu4� t© , s"S �s CIO x_8 ► - 'go o Decsmber 28 1969 Honorable Mayor and City Council City of Huntington Beach AtUmtione Doyle Miller City Administrator Subjects Reimburseent Agreement No. 127 Construction of Sever Pump Station at Brookhurst St. Gentlsmens Meradith Construction Corporation constructed the subject sewr pump station. gees in eascass of $12@704.04 have been collected from de"lopers who have conaacted to this pump station and said seen is refundable to the developer per the conditions of the egret. It is requested that seen be reimbursedp the chock be made payable to the Meredith C=Wanyv and the chock be returned to this office for transmittal. V® truly yours, �----. 1< lames R. Wheeler Director of Public Works JRWsUeae ces finance Dept. OFFICE MEMORANDA To Date From l Z ���G,y In Re fe,w6 offer. ' /z 2J, si92� s/92 Crt�'f� n �'c.%nti, a fi♦,c,.....f ` vJ T t LYi/i!"UM A4RESKM Brookhuret Sewer P=2 Station No. 17 THIS AGREEMENT, dated this O day of 1966 , by and 7�7 CITX OF HUNTINGTON REACH, a municipal corporation . hereinafter for convenience referred to as, CITY NINTH CONSTRUCTION CORPORATION 305 East gain Street Tustin, California y , BUILDER W I T N R S S R T H: WHEREAS, Builder has filed with the-Director of Public Works of the City of Huntington Beach for the construction of a sewer pump station and connection thereto for Tracts 5124, 5191, 5192, 5193 and 5197; Wes, Builder has agreed, at his own cost and expense to construct and build said off-site sewer facility all in conformity with the plans, Specifications and provisions as approved by the Director of Public Works; and WHEREAS, the construction of said sewer pump station shall be in conformity with the Huntington Beach requirements relating to sewer, and at the completion of said construction and upon acceptance by the Director of Public Works as being in full conformity with the planes and specifications approved by said Director of Public Works, ,shall be dedicated by the Builder to the City of Huntington Beach; and Wes, the Builder shall be entitled under this agreement, after such construction and dedication of said sewer facility to refunds from connections by others to said sewer facility; No. 127 NOW, THERMRE, in consideration of the premises and the agreements herein contained, the parties agree as follows: 1. That upon completion of the construction of the facility here- inafter described by the Builder to the full satisfaction of the Director of Public Works and on its acceptance by the City of Huntington Beach, Builder shall be entitled to refund from sewer pump station fees received by the City of Huntington Beach for connections made to sewer mains served by said hereinafter described facility at a rate of $75.00 per acre. 2. The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as follows: The Brookhurst Sewer Pump Station No, 17 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of $6,154.01 by waiver of connection fees for Tracts 5128, 5191, 5192, 5193 and 5197. 4. That the cost to the Builder for the construction of slid facility is the sum of $28,264.81. 5. The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility $28,264.81 Less: Refund credited by waiver of fee on connection to Tracts 5128, 5191, 5192, 5193 and 5197 $ 6,154.01 Net Refundable: $22,110.80 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 served by this %particbular facility] and that 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 pump station 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 dewer facilities, by the collecting of the sewer pump station fees, either prior to or concurrent with the development of any property served by the facility constructed under this agreement, -2- City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. 8, In the event City does not require a Builder to deposit the sewer pump station fee with the City prior to or concurrent with Development, in that event Ci',y will provide in an agreement with said developer that said developer is obligated not only to the City but to the Builder, individuals or entities who have previously contributed to the cost of construction of sewer facilities constructed hereunder; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by the Builder who has previously contributed to the cost of sewer facilities, to enforce the rights of the parties thereunder 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. 9. It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so. Dated CITY OF HUNTINGTON BEACH A municipal corporation, Mayor Clerk APPROVED AS TO FORK: -7 DEPVW CITY CLERK T88—t. City Attorney BUILDER By L Asst. Secretary r STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On this nth day of February 19 66 before me the under si4;aed, a Notary Public, in and for said County and State, personally app red ; DONALD P. S knom to me to be the Hayor, andA�tSi�n�tO me to be th 7, 1erk of the City of Huntington Beach, a municipal corporation., the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal. corporation, SEAL ! SON CALIFORNIA JL - t ' %I F 'CIP:=L OFFICI: IN My Satp. Expires Mar. .11. J967. STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE } On this 4tb day of February 19 66 , before me, a Notary Public, in and forte said County and State, personally appeared _Eddy Meredith and , known to me to be the President and Violet Meredith , known to me to be the Secretary of the corporation that executed t�thin instrument and acknowledged to me that they executed said instrument on behalf of such corporation. Doris R. Killingbeck Notary Public CaF;o,nic, i PRINCIPAL Or:Fedr IN ORANGE COUNTY My Commission expires Marsh 4, 1966 -4-