HomeMy WebLinkAboutSid Crosley - Reimbursement Agreement 125 - Sewer MainTOPIC _ _ FILE NO.
a LEGISLATIVE HISTORY RECORD
Tie
D E T A I L
DATE
ACTION OF COUNCIL OR BOARD
MINUTE BOOK
VOLUME
PAGE
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10-4-l1G
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F
TOPIC
620- x
265- =
164300-000
164300- `
43560- =
3 -770
lrp5- X
210-
34650.000
34650-
-0560-
0-790
125- x
2 3 --5; . =
29375-000
29375. +
!/+5-0o. +
73250.00*
310. x
350-
108500-00o
10,8500-
43560-
'-1.490
265. x
6-50-
172250-000
72250-
43560
3 -950
3 ';95*
225— x
2355-
529875.000
529875-00 +
43560-
12-160
12-16*
195- x
205- =
39975.00-0
39975-00 -
-4356Q. =
! 0. 910
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REMMMENT AGREEMENT
Sever Main
allnif CLERK'S
COPY
THIS AGFJ,:,-,1MENT, dated this cif 16 and
BETWEEN
CITY OF HUNTINGTON BEACH,,
a municipal corporation
hereinafter for convenience
to as.,
C I TY
Sid Crosley
3065 Cypress
Palm springio California
I
W I T V E S S E T H:
WHE'Eal-S, Builder 17As filed with the Director of Public Works of
the City of Huntington Beach for the extension of a sewer main and corinection,
thereto for 5011 to 50" Warner Ave. ,
WMRFAS,, Builder has entered into an aFreewnt -;,rith the City of
Huntington Beach relating to performing the necessary work in the construction
of said smier line; and
WHEREAS, _%ilder has a,-,-med, at his cost
s own and- expense to construct
and build said off -site sewer facirity all in conformity with the plans,
specifications and provisions as approved by the Direell-lor of Public 'Viorks;
and
e1HEREAS, The construction of said sewer line shall be in conformity
with the fftwtington Aaach requirements relating to seder, and at the completion
of vain 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 iublic �'io-,.-ks, shall bo dedi,-.ated by the Bui:kler to the City of
11-antington Beach; and
1.
0
Number 125
YfH&UASa, the Builder shall be entitled under this agreement, after
such construction and dedication of said aver facility to refunds from
connections by ethers to said serer facility;
NOW, TTHEREFORF,, in consideration of the promises and the agreements
herein contained, the parties agrees as follows:
1. That ;.pon completion of the construction of the facility here-
inafter described by the Bu 2der to the full satisfaction of the Director of
Public i'lorks and on its dedicAtion to the City of Huntington Beach, Builder
shall be entitled to refund from connection fees received by the City of
Huntington Beach for connections made toy said hereinafter described facility
in accordance with the provisions of Cater 36 of the Huntington Beach
Ordinance Code.
2. The facility constructed by Builder and for which refunds
are hereby agreed to be paid to Builder is described as follows:
Offsite: Warner Avenue crossing 41 5011 to 5041 Warner Ave.
3. Builder cites hereby acknowlredge that he has received a refund
in the form of a credit in the amount of $ 462.00 by waiver of cotmoction fws.
4. That the cost to the, Builder for the construction of said faailitir
is the sum of # 2152,50 .
5. The refund to be paid to the Builder under this Agreement is
as follows:
Total Job Coe. of Facility
Total Amount Refundable under
Chapter 36 . 90% x $ 2152.50
less:
Refund credited by waiver of
tee on connection to lot
City Participation
Net Refundable:
S 2,152.50
1,937.25
462.00
_None
1s475.25
6. No refund payment shall be made by the Cleric of the City of
Huntington Beach to fii.lder until the Director of Public works Shall have
certified, in writing, to the City Cie rk that Builder is entitled to a refund
or a specific connection having previously been made to this particular
facility in accordance with Chapter 36 and the City has received the ices for
mach connection.
2.
7. City shall not he liable for payment of rafund by reason of
its failure to collect or receive from any person or entity the semr fee.
Ho►vever9 City agrees from an administrative, legislative or quasi judicial
procedure to protect the interest of &iilder, 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 screed by the facility constructed under this agreement, if a
Builder, who develops property sarved by said facility; is required, as a
condition of development to construct additional sewer facilities, City may
allcm said Builder credit tczjards the per acreage fee consistent with this
said Agreement; 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 Brig to deposit the
sewer fee with the City prior to or concurrent with Devaloymnto in that event
City will provide in an agreement with said developer that said developer
is obligated not only to the City but to the sBuil&r, individuals or entities
who have previously contributed to the cost of construction of mmer facilities
constructed hereunder; said e@,mement 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 smmr facilities,
to enforce the rights of the parties thereunder that the prevailing party
shall be entitled to reasonable attorneys .fees; providPA,, homer, 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.
3tl
CITY OF HUNTINGTON BEACH
A municipal corporations
0
APPROVED AS TO FORM
last. City AttOX7W
STATE OF CALIFOiiIdIA
as
COUNTY OF ORANGE
19:
On this day of 11146 19 d$; before
lse
a Notary~ c, in and for said onnty 10 States personally Appea
DONALD P. SHIPIEYs kcnom to m to be the Uayors and PAUL C. JOKWs knimm to
me to be the City Clerk of the City of Huntington Beach, a zmAcipal
corporations the corporation that executed the within irstrullilent and acknow—
ledged to no that they executed said instrument on behalf of soah madaipal
coT orIation,
OFFICIAL SEAL
ERNESTINA D1 F"O
NOTARY PUBLIC - CALIFORNI
PRINCIPAL OFFICE IN
ORANGE COUNTY —.
STATE OF CALIFORNIA
as
COUNTY CF ORANGE
ERNESTINA DI FABIO - NOTARY PUBUC
In and for the County of Orange, State of California
My Commission Expires June 25, 1969
City Nav • N9a111in9ton Bem*. Calif,
On this 28th day of SEptember 19 5, before mis a Notary Publics
in and foie said Caen y a s personally appeared
SID CROSSLEY , known to sae to be the
�]0 =730 e7mcultea t within instrument and acknowledged to we that
he tJ= executed said instrumnt xwxbW it � caraaspaot>r>rita�sx
Notary u e n
County and State
My Can. Expire: Mar. 11, 1967
OFFICYAL SEAL
ALICE M. HAMILTON
m NOTARY PUBLIC - CALIFORNIA
' • PRINCIPAL OFFICE Ifs
i
ORANGE COUNTY i
1