HomeMy WebLinkAboutPacific Divers Supply, Inc. - Reimbursement Agreement - Wate City of Huntington Beach
P.O. BOX 180 CALIFORNIA 82648
ENGINEERING DEPARTMENT
March 29, 1971
Honorable Mayor
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
Subject: Reimbursement of Excess Deposit
for Water Main at 16206 and 16214
Pacific Coast Highway
Gentlemen:
Pacific Divers Supply, Inc.. deposited $2,000.00 toward
construction by City of a water main along their frontage
of 130' on Pacific Coast Highway. When construction was
completed the actual front foot charge was established at
$8.00, so Pacific Divers Supply, Inc. is entitled to a
refund of $960.00.
It is requested that $960.00 be reimbursed, the check
be made payable to Pacific Divers Supply, Inc. and the �'���
check be returned to this office for transmittal.
Very truly yours,
C�Zs R. Wheeler
Director of Public Works
JRW A a
cc: Finance Dept.
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DRAFT
AGREEMENT
0
THIS AGREEMENT, made and entered into this day of
19 , by and between the city of Huntington Beach, a municipal corporation,
hereinafter for convenience referred to as City, and ,
hereinafter for convenience referred to as Developer.
WITNESSETH
WHEREAS, City required as a Condition of Approval of Use Permit
No. 68-17, among other th'ngs���, that Pacifie Coast Highway along the frontage
G� s �
of the parcel be improve to Cit� and State standards, said improvements to
a include street trees, street signs, street lights and fire hydrants and that
the water, sewer and fire hydrant system shall be approved by the Department
of Public Works and the Fire Department, and
WHEREAS, the Developer desires to post a bond to insure the street
improvements rather than to install the street improvements at this time;
.NOW, THEREFORE, in consideration of the promises and agreements of the
parties herein seiorth, the partie agre as follows:
1. City agrees to allow the Developer to delay the construction of improve-
ments on Pacific Coast7Highway4
D provided �e eloper/ nstalls a
water main from Marina Drive to his parcel and providesfor a fire
hydrant.
2. The work which the Developer is obligated to perform has been
�esti-
mated to cost $ jo
3. The Developer provide a bon94in the amount of $
,j
to guarantee tha Devel oper will construct the street improvements
in a ma imum.. ars
• ' �� �._,✓° �.,.., � ,•
period of two ye ,, ✓ , "
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IN WITNESS W EO/F, the parties have executed this agreement d-&✓
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the City of Huntington Beach,
a municipal corporation, hereinafter for convenience referred to as
City, and Pacific Divers Supply, Inc. , hereinafter for convenience
referred to as Developer.
WITNESSETH
WHEREAS, City required as a Condition of Approval of Use
Permit No. 68-33, among other things, that Pacific Coast Highway along
the frontage of the parcel be improved by Developer to City and State
standards, said improvements to include street trees, street signs,
street lights and fire hydrants and that the water, sewer and fire
hydrant system shall be approved by the Department of Public Works and
the Fire Department the total estimated cost of constructing such
improvements is $4,500, and
WHEREAS, Developer desires to post a bond to insure completion
of certain street improvements rather than to install the street improve-
ments at this time;
NOW, THEREFORE, in consideration of the promises and agreements
of the parties herein set forth, the parties mutually agree as follows:
1. City agrees to allow the Developer to delay the completion
of the required improvements on Pacific Coast Highway for no more than
two years after date hereof except that Developer shall pay one half the
cost of an 8" water main from Marina Drive to the southeasterly line
of his parcel and a fire hydrant to be installed at his northwesterly
property line, which said work is to be performed by City.
2. The work to be delayed, which the Developer is obligated
to perform is estimated to cost $2,000.00.
3. The Developer agrees to provide a bond satisfactory to
the City in the amount of $2,000.00 to guarantee to City that Developer
will complete construction of the street improvements in a maximum
period of two years.
4. Developers share of the cost of said water main and fire
hydrant is estimated to be $2,500.00 and Developer agrees to provide
a cash deposit or certificate of deposit satisfactory to the City in
said amount, concurrently with the execution of this agreement.
PACIFIC DIVERS SUPPLY, INC.
By
By
"Developer"
CITY OF HUNTINGTON BEACH
By
"Director of Public Works"
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AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the City of Huntington Beach, a municipal corporation,
hereinafter for convenience referred to as City, and Pacific Divers Supply, Inc. ,
hereinafter for convenience referred to as Developer.
W I T N E S S E T H:
WHEREAS, City required as a condition of approval of Use Permit No. 68-33,
among other things, that Pacific Coast Highway along the frontage of the parcel
be improved by Developer to City and State standards, said improvements to include
street trees, street signs, street lights and fire hydrants and that the water,
sewer and fire hydrant system shall be approved by the Department of Public Works,
and the Fire Department, and
WHEREAS, Developer desires to post a on to insure completion of the total
(:estimated cost of constructing such improvements is $4,500 and certain street
mprovements—r-a-then than to ins-ta.l-l—the—s-tr-ee-t improvemen-ts_a_t—this_time.;
NOW, THEREFORE, in consideration of the promises and agreements of the parties
herein set forth, the parties mutually agree as follows:
1. . .City agrees to allow the Developer to delay the completion of the required
improvements on Pacific Coast Highway for no more than two years after date hereof
except that Developer shall pay one half the cost of an eight inch water main from
Marina Drive to the southeaste ly line of his parcel and a fire hydrant to be
installed at his northwesterly property line, which said .work is to be performed
by City.
2. The work to be delayed, which the Developer is obligated to perform is
estimated to cost $2,000.0'0.
3. The Developer agrees to provide a bond satisfactory to the City in the
amount of $2,000.00 to guarantee to City that Developer will complete construction
of the street improvements in a maximum period of two years.
4. Developers ,share of the cost of said water main and. fire hydrant is
estimated to be-$2,500.00 and Developer agrees to provide a cash deposit or cer-
tificate of deposit satisfactory to the City in said amount, concurrently with
the execution of this -agreement.
PACIFIC DIVERS SUPPLY, INC.
By
"Developer"
CITY OF HUNTINGTON BEACH
By
Director of Public Works
"City"
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
'•r
On this 17th day of June 1969 , before me per-
sonally appeared William R. Friis known to me to be the attorney-in-fact
of General Insurance Company of America, the corporation that executed the within instrument, and ac-
knowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in
the aforesaid County, the day and year in this certificate first above written.
u1144:uuu:r:d'%g;4;;k:hill:1114{:144111111u0nlCt.:un41114u11411114111111111f� �
OPECIAL r�AL s Notary Public in the tare of California
CON`TA.N.,L P.;. P:rg County of Los Angeles
(Seal) _ _ -aR� Principal Off .. n
Los Angeles Coun,y
S-760 R1 7/66 missioa Expires December 15. 1S71
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-. ..........GENERAL INSURANCE COMRANY OF AMERICA
` ..._- INSURANCE"
- - - -�
Ho#m"e Of/fce 4347•B.rooklyn Ave yN AE Seattle �Woshih:gt n 98105 a *T
EXECUTED IN DUPLICATE
BOND NO. 839171
PRE MIUM $30,00 -
{ KNOW ALL MEN BY THESE PRESENTS: That PACIFIC DIVERS SUPPLY, INC."
as Principal' and the GENERAL INSURANCE COMPANY OF AMERICA, organized ,
and existing under the laws of the State of Washington and authorized
to transact surety business in the State of California, as Surety,
are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of
4 TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) , for the payment whereof,
4 well and truly to be made, said Principal and Surety bind themselves,
their heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
'f THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the
Principal entered into a certain Agreement or Contract with the
Obligee, dated o/ytiic" /� , 1969, wherein the Principal has
7
zF agreed to complete the following improvements :
Street Improvements per 'Huntington Beach Ordinance Code,
Section 9730.16 located at the North side of Pacific
Coast Highway from 312 feet easterly to 442 feet easterly
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of Mariner Drive all in the city of Huntington Beach,
=3 California. P-
NOW, THEREFORE , if the Principal shall well and truly perform and
fulfill all of the covenants, terms and conditions of the said Agree-
ment then this obligation shall be null and void, otherwise to remain
in full force and effect.
No right of action shall accrue on this bond to or for the use . of
any person, firm or corporation other than the Obligee named herein.
A consent of Surety shall be required for any extension of time to
complete said improvements.
= SIGNED AND SEALED this 17 th day of June , 1969.
PACIFIC DIVERS SUPPLY, INC. GENERAL INSURANCE COMPA Y OF AMERIC
(Principal) / (Surety)
B BY �-
William R. Friis Attorney-in-Fact
G_ 2 ®SAFECO lnsmanee Company of AwAm.eostemd Uademark owe..
TO DATE �a
t
f
"I R, .1 -
V SIGNED
;DATE SIGNED
},Redil rm0 SEND PARTS 1 AND 3 WITH CARBO INTACT.
f 465 PART 3 WILL BE RETURNED WITH REPLY.
'�,4S � _ .y
• DRAFT
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the city of Huntington Beach, a municipal corporation,
hereinafter for convenience referred to as City, and ,
hereinafter for convenience referred to as Developer.
WITNESSETH
WHEREAS, City required as a Condition of Approval of Use Permit
No. 68-17, among other th'ngs, that Pacific Coast Highway along the- frontage
of the parcel be improve to Cit and State standards, said improvements to
include street trees, street signs, street lights and fire hydrants and that
the water, sewer and fire hydrant system shall be approved by the Department
of Public Works and the Fire Department, and
WHEREAS, the Developer desires to post a bond to insure the street
improvements rather than to install the street improvements at this time;
✓ve�IiScDS
NOW, THEREFORE, in consideration of the premises and agreements of the
parties herein seiorth, the partie�jagre as follows: `.
1. City agrees to allow the Developer to -del-ay- the construction of improve-
. �iltio.r�'� ? � �.cvv� �-'`
improve-
ments on Pacific Coast ighway!provided too D eloper installs a
water main from Marina Drive to his parcel and providesfor afire-
hydrant. %
2. The.work'which the Developer is obligated to perform has been esti
mated to cost $
3. The Develop a rees to provide a bon�in the amount of $
/°
to guarantee^tha bevel"oper will construct the street improvements
in a maximum period of two years.
IN WITNESS WHEREOF, the parties have executed this agreement d-*'
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By
By
Ir
CITY OF HUNTIMTON BEACH
By
Director of Public Works
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9
/EIROEIMBURSEMENT AGREEMENTS FOR
1
GU"�6r- Aiia e0,4,ri;u,,
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for convenience referred to as "City",
and P�,' � �jdG.�S ��� , hereinafter for convenience
referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost
and expense, constructed �" �,�p/, �f � f�yL , hereinafter referred
to as facilities;-- and said facilities have been constructed in conformity
with the plans and specifications approved by the Director of Public Works
of City, and have been dedicated to City, and City desires to reimburse Builder
L
for a portion of-the cost of the construction of said facilities as provided
by the ordinance code, i
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as follows: — 769
Builder has constructed, at a total cost of $ _ a
and appurtenances to serve
and adjacent properties. (See Exhibit "A" attached
hereto and made a part hereof for a map of the area served) and has -dedicated
said facilities to City.
The refund to be paid to Builder under this agreement s fol�ows
Total job cost of facilities ,$ 4Z
Less: Refund cpre ited by waiver_of--,
fee @ Q \$
CD
Net Refundable $
L \ � j _
No refund shall be made by City to Builder until the Director of Public
Works shall certify in writing, to the Finance Director that Builder is
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington Beach Ordinance Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from any person or entity the connection fee. However,
City agrees from an administrative, Legislative or quasi judicial procedure
to protect the interest of developers, either individuals or entities, who
have previously constructed similar facilities, by the collecting fees, either
prior to or concurrent with the development, or any property served by the v
facility constructed under this agreement. If a developer who develops property
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities, City may allow said developer
credit toward the per acreage fee consistent. with this said agreement; and no
fees shall be due Builder by reason of such construction 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 developer to deposit the connection
fee with the City prior to or concurrent with development, City will provide
an agreement with said developer that said developer is obligated, not only
to the City, but to Builder, and to developers who have previously contributed
to the cost of construction of facilities constructed hereunder to deposit
said fee with City; said agreement will further provide that in the event
that it becomes necessary to institute legal proceedings, either by the City
or by Builder or developers, who have previously contributed to the cost of
such facilities, to enforce the rights of the parties thereunder, that the
prevailing party shall be entitled to reasonable attorney fees; provided,
however, that the City shall not be required to pay the attorney fees for any
of the parties.
-2-
It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this day of , 19
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST:
City Clerk
BUILDER
APPROVED AS TO FORM
by
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