HomeMy WebLinkAboutOka Brothers - Reimbursement Agreement 111 - Sewer Maink
11 V)
�) -7 5
L
46
REIMBURSEMENT AGREEMENT
THIS AGREENT, dated this�day o , 1964, by and
BETWEEN
CITY OF HUNTINGTON BEACH
a municipal corporation
hereinafter for conven—
ience referred to as,
C ITY
OAK BROTHERS, a corporation,
hereinafter for convenience
referred to as,
BUILDER
W I T N E a S E T Ps
WHEREAS, Builder has filed with the Director of Public Works of
the City of Huntington Beach for the extension of a sewer main and connection
thereto for Tract 4992
WHEREAS, Builder has entered into an agreement with the City of
Huntington Beach relating to performing the necessary work in the construction
of said sewer line; and
WHEREAS, 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
Wi'EREAS, The construction of said sewer line shall be in conformity
with the Huntington Beach requirements relating to sewer, and at the completion
of said construction and upon acceptance b the Direct Public P p y or of Works as being �
in full conformity with the plans and specifications approved by said r irector
of Public Works, shall be dedicated by the Builder to the City of Huntington
Beach; and
WFEREAS, the Builder shall be entitled under this agreement, after
such construction and dedication of said sewer facility to refunds from
1.
Number 111
connections by others to said sewer facility;
NOUT THEREFORE, in consideration of -zhe premises and the agreements
herein contained, the parties agree as follows:
1. That upon completion of the cc,-�truction of t-he fae'Llity here—
inafter described by the Builder to the full s,-tisfaction of the Director of
2ublic Works and on its dedication to the Cit-• of Huntington Beech, Builder
shall be entitled to refund from connection fees received by the City of
Huntington Beach for connections made to said '.�ercinafter described facility
in accordance with the provisions of Chapter ;; of the huntingtor Beach
Ordinance Code.
2. The facility constructed by Bui.-.der and for which refunds
are hereby agreed to be paid to Builder is des--:ribed as follows:
Offsite: On Bushard from Banning ;°,venue to 800 ± feet northerly
3. Builder toes hereby acknowlecgc thgt he has received a ref%md
in the form of a credit in the amount of $4,1i,�.00 by waiver of connection fces.
4. That the cost to the Builder f= the construction of said
facility is the a -am of Z46,454.90.
as follows:
5. The refund to be paid to the B-.f-lder under this Pgreement is
Total Job Cost of Facility U6,454.90
Less:
Refund credited by waiver of
fee on connection to lot 49104.00
City Participation
50% x46,454.90 = $23,227.45 .#'--7,331.45
het Refundable: $192123.45
6. No refund payment shall be made ---)y the Clerk of the City of
Funtington Beach to Builder until the Director of Public storks shall have
certified, in writing, to the City Clerk that ;wilder is entitled to a refund
2.
,N.
for a specific connection having previously been made to this particular
facility in accordance with Chapter 36 an6 the ('ity has received the fce for
such connection.
7. City shall not be liable for payment of refune by reason of
its failure to collect or receive from any person or entity the sewer fee.
Fowever, City agrc-es from an administrative, leg.isltAlve 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 fees, either prior to or concurrent with the development of any
property served by the facility constructed under this agreement, if a Builder,
who 6evelopes property server b: said facility; is required, as a condition
of development to construct adeitional sewer facilities, City may allow said
Builder creeit towards the per acreage fee consistent with this said Agree—
ment; City further agrees to furnish a copy of this agreement to the developer
of any properties servee by the facilities described herein.
8. In the event City does not require a Builder to deposit the
sever fee with the (Atv prior to or concurrent with Development, in that event
City will provide in an agreement with seid developer that said developer
is obligated not only to the City but to the Buildcr,, individuals or entities
who have previously contributed to the cost of construction of sewer facilities
constructed here under; 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 there un(ler thet the prevailing perty
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.
3.
STATE OF CALIFORNIA )
) sis
COUNTY OF ORANGE )
before
On this�day a�a����'�L.� 19E4,
a Notary Public, in and for said (;ounty and State, personally appeared
DONALD 1 . SELL-1:Y, known t0 me to be the Mayor, and PAUL 4 . JONF.S-, known to
me to be the City Clerk of the City of Funtington Beach, a municipal
corporation, the corporation tYat executes the vith_in instrument and acknow-
ledged to me that they executed said instrument on behalf of such municipal
corporation.
�•� OFFICIAL SEAL
ERN@STINA DI FA
RIO
'11► NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
STATcF OF CALIFORNIA )
ss
COUNTY OF ORANGE )
ERNESTINA DI FABIO - NOTARY PUBLIC
In and for the County of Orange, State of California
My Commission Expires June 26, 1963
City Hall - Huntington Beach. Calif.
On this A-,"q° day of , 19E4, before me, a Notary Public,
in and for said County and State, personally appeared ��-a--
_, known to me to be the President and_____
known to me to be the Secretary --Treasurer of
the corporation that executed the within instrument and acknowleeged to me
that they executed said instrument on behalf of such corporation.
OFFi iAt SEAL
M. WAH1.
'4* NOTARY PUBLIC • CALIFOR
PRINCIPAL OFFICE IN
ORANGE COUNTY
5.
SUSAN M. WAHL
AIY, .COMMISSION E ;P7R'S
"Ar * 1968