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Home My WebLink AboutShell Oil Company - Reimbursement Agreement 133 - Water Main January 229 1970 Shell Oil Company Shell Building 100 Bush Street San Francisco, California 94016 Attentions P. W. Weild Financial Services Manager Subjects Reimbursement Agreement #133 � Gentlemen: DEnclosed is a check for $9,301.05 as full reimbursement for construction of water at Magnolia and Garfieldo per the terms of Reimbursement Agreement #133 you are iatitled to connection fees paid by other developers who have beaifited by this construction. Very truly yours, James R. Wheeler Director of Public Works Darrell G. Boyer Division Engineer JRWsDGB:TMsmp Enclos. Jury 129 1970 Honorable HWor and City Council City of €1untington Beach Attentions Doyle Biller City Anistrator Subjects Feimbursemant Agreement No. 133 construction of Off:-site Water Wu at Hagwlia and Garfield Shell Oil Company constructed the subject water main. Fees in the amount of $91,301.05 eve beep collected fgam dowelepars S&o have connected to this lime and said sum is refundable to the developer par tho conditions of the agree- ment. This above amunt to the remalnUM balms on this It is requested than em Too uAmbursed, the; c mck be reds gable to Shell OS1 Compmyo nand the chnk be returned to this office for trenwittel. Very truly yours, ,:".a�R. Wheslar Director of Public Woad .SAE�t�3;ae ccs FiRnce Dept. SHELL OIL COMPANY SHELL BUILDING SAN FRANCISCO, CALIFORNIA 94106 August 29, 1969 City of Huntington Beach City Hall Huntington Beach, California Gentlemen: On December 14, 1966 agreement was reached between Shell and the City of Huntington Beach for reimbursement to Shell of $9,301.05 -in water main extension costs expended at our service station located at Cannery and Garfield. To date no recoveries have been effected. Please advise when reimbursement may be expected. Yours very truly, P. W. Wield Financial Services Manager Western Marketing Region. REIMMURSEMENT AGREEMENT Water Main THIS AGREEMME dated this . day of 19 , by and BETWEEN CITY OF HUNTINGTON BEP C H, a municipal corpoistion hereinafter for con•enience referred to a:Gs CITY �ff�L� OiL GoM,oG��/y BUILDER 'fITNESSETH: .'MRE1S, Builder has filed with the Director of Public Yorks of the City of Huntington Beach for the extension of a water main and connection- thereto for VIHMEAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said crater line; and NHEHFAS, Builder has agreed, at his own cost and expense to constrict and build said off-site dater facility all in conformity with the plans, specifications and provisions as approved by the Director of Public :'forks; and .lN�'tIFIAS, the construction of said water line shall be in c onf ormity with the Huntington Beach Ordinance Code, more particularly Chapter 35 relating to water, and at the completion of said construction and upon acceptance by the Director of Public %forks as being in full conformity with the plans and specs® fica Lions appraired by said Arector of Public Vorks, shall be dedicated by the Builder to the City of Huntington 3each; and to -Number/33 i.-I, REAS, V Dui-Ule- shall be ent-itLe und- �- isaltions of tled tt : h Huntingto.-n Beach OrdJJL-nanca Code, after si-ch and of S-zid, vmt-er facility to refunds from cormec-'k-pions by v- hers to, �-aiCl facility; NO','.,*,, THEREFORE, in considerat-ion of the pre-mises and th(2 agreements he-nin contaim-d,, the parties ac,i-ae as follows: 1. That upon compleetion of the consti.-action of fac-ility heminafter described by the BuIlIder to the full satisfac-tion of the Director of Public Works •:.iild on its dedication to the City of J-7-m-itington- I-each-, Builder shall be entitled to refund from connection fees receiv-ed by the ('ity of Huntington 3--ach for connections made to said hereinafter described facility i.a accandance with the provisions of Chapter 35 of the Huntington Lie-ach Ordinarica Code. 2. The facility constructed by Builder and for which refunds are hereby agreed to be paid to Builder is described as follows: sine rs4 e, F cr /7 e--7,: 7C e-'!; 0 3. Builde-,:- dgff,8'r'eby acknowledge that he has received a refund in the f orm of a credit in the amount .cif ;I by waiver of connect-icri fees. 4. That the cost to the Builder for the construction of said facility is 'Ghe sum Ra of 5. The refund to be paid to the 3uilder urider this Arn-eement is as follows: Total Amount Refundable under Chapter 35 90% x A,4;706,450 y 4.55, Less: Refund credited by waiver of fee on connection to 14:0 lea City participation Net RefundablLe 6. No refund ppqment shall be made by the Clerk of the City of Hart:ington Beach to H�Iiilder until the Director of Public 4orks shall have certified, in -arit4no- to title- ��D " the City Clerk that Builder is en d to a refund for a specific connection havi-n- previously men made to this partiou- C� la r facility in accordance .-;ith Chapter 35 and the C-JI-ty has mcei,md. the fee for such connecticn. 2. . 7, City shall not be liable for payment of refund. by reason of its failure to collect or receive from any person or er 1. .y the -azater fee, However, City agrees from an administrative, legislatiu� or quasi judicial r rocedure to protect the interest of Builder, either individi, is ar entities, is;ho have previously constructed grater facilities, by the collecting of the eater Fees, either prior to or concurrent with the development of properties sec v-i-ced by said facility, if a builder who is developing property which wa_l'! be Nerved by the facility described herein, is required, as a condition to the development of said property to construct 9aater facilities, City may allow said i3ui.lder credit towards the per aci ea,ge fee consistent with this said agreement; City further agrees to furnish a copy of this agreement to the developer of any properties being served by the facility to which builder is ;subject to refund u.der this agreement. 8e In the event City does not require a builder to deposit the crater fee with the City prior to or concurrent with the development of properties, in that event City will provide in any agreement with said builder that said builder is obligated not only to -the City but to the builder, individuals or entities aho have previously contributed to the cost of cor+tructi.on of the water facilities; said agreement will further provide that in the event that it becomes necessary to institutes legal proceedin;s, either by the City or by the builder cfho has previously con- uributed to the cost of water facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reason- Gable 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 builder, but may do so. Hated: . CITY OF HUNT ING T ON BEACH A municipal corporation, By .'fayor bey City Cler� 3. Alt APPROVED AS TO FORE sst, City ttorney BURDER by Vice res� ens by Asst. tiecretary STATE OF C;IILiFO'aIA ) ss COUNTY OF ORANGE ) Gal this day of , 19 bef ore me. a :Mary Public, in and for said -County,and Sjtate, personally a?pea DO??A .J -P. SHIPI�EY, �opm to me to be the Mayor, and PP_UL 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 ris that they executed said instrument on behalf of --ach municipal corporation. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this , day of a s, 1.9 , before me, a Notary Public, in and for said County and State, p --s _s l)_y appeared known to mc, -L-.o the President and known to m_. to theSecretary-Treasurer of the cc--potion that execcuted the within insLlruinant and led gad to re that they executed said instrument on behalf of such corporation. �o