HomeMy WebLinkAboutSecurity Fore Corporation - Reimbursement Agreement 131 - WaU®
June 10, 1968
Honorable of
and City Council
City of Huntington Beach
Attention: Doyle Miller
City Administrator
57ubject: refund per Reimbursement Agreement #131
for Oversize and Offeite Lster Maine
for Tract 5717 and 6100
Gentlemen:
Security Fore Corporation constructed offsite and over
size water nine in connection with the above developments.
The total monies due to the developer are $10398.03. It
is recommended that approval be given to refund said amount
from the :rater Fund.
If the refund is approved, please return the check to
this office for transmittal.
JF.W: DGB:ns
cc: Finance Department
Very truly yours,
James R. Wheeter
Director of Public works
�= Z
R1,3IMBURSEIVEW AGREEMILNT
Nater Plain
THIS ACIRE SENT, dated this day of
BETWEEN
19 , by and
CITY OF HUNTINCTONB ACH,
a municipal corporetion
hereinafter for convenience
referred to a s,
CITY
s rau coy.
BUILDER
WITNESSETH:
."HE
WAS, Builder has filed vrith the Director of Public Works of the
City of Huntington Beach for the extension of a water main and connection
thereto for S71 % D a
WHEffA- S, Builder has entered into an agreement with the City of
Huntington Beach relating to performing the necessary work in the construction
of said dater lime; and
►YHERFAS, Builder has agreed, at his own cost and expense to construct
and build said off -site water facility all in conformity with the plans,
specifications and provisions as approved by the Director of Public 'Works;
and
'o'MREA51 the construction of said water line shall be in conformity
with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating
to rater, and at the completion of said construction and upon acceptance by the
Director of Public dorks as being in full conformity with the plans and speci-
fications approved by said Director of Public ;corks, shall be dedicated by the
Builder to the City of Huntington 3each; and
to
Number
kN
.=- A
'e!1itr C d P�,ln iG.vC~���Cl^<^GJ� -he
H .n tinigton beach Ord irars--3 ;rode, of rer si ch c on-ct3nicti on and dedication of
said rmter f«<^:i_lity to refunds from conriect`iOns by a,*Jhers to said water
fa c i lit.y;
:vOW dMRI_:i'UFE, in consider tion of the pre-ni ses and. the agreements
h-�Y in con%airid9 the parties a.:lr--e as fol.l.atis:
1. 'That upon completion- of the c onst action of the .fac i ].ity
kiUa :i � ftar described by the. Builder to the full sust: sfactior_ of the
Dig ector of Public vlor. ks and on its dedication to the City of I?untington
B-:ach., lluilder shall. be entitled 4o refund from connection fees received
by the City of Runti-agton 3each for connections made to said hereinafter
described Facility in accordance waith the provisions of Chapter 35 of the
iltaitington. J-1each CxG+i�.nca- Code.
2. The facility constructed by !wilder and for which refunds
a.m. hereby a• ed to. be paid to Builder is descri'.-J ap follows:
a,4 Z- i'2"5c.. a Oa-Iue 5 I .�
LL ��oVk
-7 n Yr�a�h����ncidSacec� Y I�
� Ire�� �trew. �rac+ (ol0o CL--,Cf 5717 v.o►-4'er-1
3. 31AUdex- does hereby acknowledge that he has rec Ded a
00
Y5ry^und in the ros" of a ere-dit in the amount of S 1 3% by waiver
of connection fees.
4. That the cost to the Builder for the c(.-nstniction of said
facility is the sum -.)f 7 5 (o
5. The refurri to be paid to the 3uilder under this Agreement
is as follows —
Total Amount Refundable Lander
Chapter 35 90% x
Less:
Refund crsdited by waiver of
.fee on comiectiion to
City participation
rm -: S
Notice
Net I�efurdab le � / 3 9 8 `3
1. Ne refund pra.ymerr.' shall b;; made by the Cork of the City of
fNnt ngtun Beech to BuildF ra writi1 the Dixrector of Furr7ie Viorks shall have
ca,rtified, in wal-tin- to the City Clerk that Budd Ides is arrititled to a � `/O-"&
-:;.fund for a specific connection laving previously been ma -de to this particu-
lar facility in accorxdance with Chapter 35 and the City has receirred the fee
for such connecticn.
2.
1
7. City = ,a 1'_ not be liable for payment of xef and bl y reason of
:i.ts Laiilare 'tc coli3i 4- j'3ceiFe carom arty person or entity the sat a�er iGe.
lla."e;ar, Ci ;� a.7,{'ecs rCii cIi a+a L:Lstra iv--, le-isi Llbe or quasi. judl'ic ial
pced -vo to prcteC v the interest roof guilder, either il:dl.viduals or entities.
>?;;� h3,r= previous7_,� �on4trt cted water secilities, by the collrc'I,ing of the
per fees,; either r`rior to or conci rre-,Yt, .with iti2e develop ment of p ope'Z^.`.ies
=iCc d by mid. facility, if a builder who is demelop-i ng property ,rh dch fi:l.'s
be served by the facility described herein., is required, as a condition' to
the devel.oi-m-erit of ,paid property to construct svater facilities, City ?nay allo r
said Builder credit to:.ard the per acreage fee eomistent with this said
agreement; Cif:;;-/ i'ur�hey agrees to furni, sh a copy of this agreerent, to the
dcdoper of amy prb.r'ties bei-nb served by thn facility to tUhiCh builder is
9;;.-,)ject to refund and-er' this agreement.
In t'_f,:- event City cites not inquire a builder to deposit the
va.ter fee ryith the City prior to or concurrent Faith the development of
proper-ies, in that evert City will Provide in any a.gx°eement with ---:).id
budder that said builder 'is obligated not only to the City but to the
t�f.lder, ir.-dividuals or entities mho have previouslyy contributed to the
cost of construction of fine rater facilities; said .agreement will further
provide tha.0 in the evert that it becomc!s necessary to institute legfal
nroceedin,;s, either by the City or by the builder srho has previously con-
tributed. to the cost of .eater facilities, to enforce the rights of the
parties thereunder., that the prevailing party shall be entitled to reason-
able attorneys fees; prcvided 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 builder, but may do so,
I
Dated: ,
�o
CITY Or, HUNTINGTON MICH
A municipal corpoxmtion,
11J
=Hy r
�y
City C 1.er�
A" , 1
9k
APi'ROVED AS TO FORM:
; �t� - _ty�tt rmy
BUILDER
by
ice PresMnT
by
2�ssto ecretary
STATE OF CaLIFORAN1A )
} ss
COUNTY OF ORANGE )
an -1 is , day of 9 19 , 'oQfore me;
—a 13-tary PubI c, in a or said County,and State, pers�o
aapearecT-15OHA.i..i; P. SHIPLEY, kknown to me to be the Mayor' and PAUL C. JONES,
known to me to be the City Clerk of the City of Huntington beach, a municipal
corporation, the corporation that executed the within instrument and acknow-
ledged to and that they executed said instrument on behalf of such municipal
corporations
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On this —, day of 19 , before me, a Notary Public,
in and for said County and State, p sr:; :'_y appeared
known to mc: to the President and
known to m: the Secretary -Treasurer. of the
c rponatiOn that exccitt?d the within instrument and acIck--, :-1cdgad to ,Tie that
they executed said instrument on behalf of such corponatione
4.