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Home My WebLink AboutStanley G. Anderson - Reimbursement Agreement 132 - Sewer Ma February 4, 1976 Stanley G. Anderson 501 Ocean Avenue Seal Beach, California Subject: Reimbursement Agreement #132 Sewer Main Extension Dear Mr. Anderson: Your inquiry as to the status of Reimbursement Agree- ment #132 was referred to me for response. I regret to inform you that the subject agreement has been closed in accordance with Section 14.44. 090 (A) of the Huntington Beach Municipal Code, copy of which is attached. Xf I can be of further service to you, please let me Know. Very truly yours, H. E.: Hartge Director of Public Works HEH:JWW:jy 1 i • • • • • • • � ji • • r �'�' '%• • • • • • • • • • • • • • ill ( irJ � • ` i� • � 5 f i 1 _ I i 1r J _ o s Ste, h � , _ -- � , � � f ti3 .�T� �._.... s s� ' ,� � o d �, �� e,2.,__Q_:.� � �� 0 w P-'AS cl I i r - i I i i ; i I i lI i - 1 TOPIC FILE NO. LEGISLATIVE HISTORY RECORD DETAIL DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE .1 k -6 E f , 3616 �o-4Zt Z,7-r-t 7� FILE NO, I TOPIC tow. A f I 1 i I . pit i RESOLUTION NO. 2461 w A RESOLUTION OF THE CITY COUNCIL!OF m1NTINCYON BEACH AUTHORIZING THE EXPEND ITURy'3 OF MONEY FROM THE SEWER FOND. { �iHEREAS, the City Council of the City of Huntington ' Beach has adopted a Budget for the Fiscal Year 1966-67 by Ordinance No. 1223; and jk WHEREAS, Section 5 of said Ordinance No.1233 provides the procedure for authorizing expenditures from the several � Special Fundo mentioned in paid Section 5; and WHEREAS, the Director of Public Works and the City CAdministrator have recommended an expenditure; and WHEREAS, the City Council hereby approves sniw rr-c=- Qendaticna; BID IT THEREFORE RESOLVED that an expenditure _a the amount of Two Hundred Forty and no/100 Dollars is hereby authorized to be made from the Sewer Fund, payable to Mr. Stanley G. Anderson for word performed per Reimburse- ment Agreement No. 132. PASSED Ate d3O "s,- the City Council of the City of fl Huntington Beach, Zalisornis, thic ilst day of November, 1966. Mayor ATTEST: City C ' I t 7 City ®f Huntington Beach P.O. Box 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT February 4 , 1976 Stanley G: Anderson 501 Ocean Avenue Seal - Beach, California Subject: Reimbursement Agreement #1.32 Sewer Main Extension Dear Mr.. Anderson-: Your inquiry as to the status of Reimbursement Agree ment #132 was referred to me for response. I regret to inform you _that. the subject agreement has been closed -in accordance with Section 14 .44 .090 (A) of the Huntington Beach Municipal Code, dopy of .which is attached: If I can be of further service to you, please -let me know. Very truly yours, H. E Hartge Director of Public Works HEH:JWW:jy 5. 4 3 2 .' L . _ . 8 . ofN90 ; CO W �: p 0 O f . : CL A 1 -9 ce { t of Nuin ton �Qac� c p J p O a I — o x►9 .- v roamants Roz3v _F' 0-0 dI~ 3 I 1,bd Exts�.`PSorr�c4dQ 77 , grans: - —'�— • .. --its•_ -- ----- -_ � ' , ' ._ --� � -j• _�: .: :.--. � Fats TRH ona�NLH Lr t d - •Y! A t #t r `a c . '. .._:, !!^ "8 .,.u'.e ,: .r.... -' - . ,.. ... •' '- Wit•-.� m, r, i _. - 4 _ _ ... >,r-x-:�;; }•i: a„+-•rri.,. -h..� .. i g 9-s. 14:5 La y . ��. L1+.r' _ ,g,.'•- .. : ,i.e -. •. .tom_. ? ,.,y.: ` '`. �: s ��. � � e ,' '�,t'1`;E op .�.a Esl►9t. 6'_Goa; `s.(o 4` 0' ` ,� , t inQ �o Q U:ndar VQ1Q6(� r..�}Q. GoncivC.A o n r t6' VJv ¢r hn 4�oop fro ba on.Soutla:StiaQ o:-Q . _ ' October 24, 1966 Stanley 0. Anderson 501-1Ocean Avenue Seal Beach, California Dear Stana The City Council of the City of Duntinggton Beach at their regular adjourned meeting held wad y, October 24, 1966, approved the Rsisdotsoment Agrement for ttys e�cten• Sion of a mover main and connection thereto for 4901 Warner Avenue. Enclosed herewith is your file copy of said agre�nt which has been executed by the Mayor and City Clerk. SincerAy. yours, Paul C. Jones City Clerk PCJsaw i' � �pNSINGTpN . . � - _ CITY OF HUNTINGTON BEACH o " ENGINEERING DEPARTMENT Huntington Beach, California AUNTY September 26, 1966 ' Honorable Mayor and City Council City of Huntington Beach Attention: Mr. Doyle Miller City Administrator Subject: Reimbursement Agreement No. 132 Stanley G. Anderson Sewer - 4901 Warner Gentlemen: Transmitted herewith is the subject agreement whereby Mr. Anderson will be able to receive refunds for offsite cost incurred by him for a sewer main at the subject loca- tion. It is recommended that your Honorable Body authorize the City to enter into the agreement. One copy of the executed agreement should be returned to Mr. Anderson. Very truly yours, James R. Wheeler Director of Public Works JRW:JKM:ace Trans. d ' y s REI2,TfiWEIMENT A YR EMENT Se►:er. YairL THIS RGR ,:''Ooe,��t°, dated thzs � day � � 1 b6 , by and 'ik:MEN "ITY OF, HUTx,TIN"TON BaCH, a mimic i.pal c orporaticii hr;rvai after for convenience x,ferrad to as, CITY Stanley a. Anderson 501 Ocean Avenue Seal. Beach, California 90740 BUI LDLR WITNESSETH: WHI?MAS. :Milder has filed with tho Director of Public 'Works of the City of Huntington Beach for the extension of a sewer ,Train and connection, thereto for 4901 Wnraer Avenue IYHER.EAS, z)uilder has entered into an agreeiaent with the City of HuntinM,.on Beach re1ati.ng to performing the necessary +pork in the cornstructi c:n of said sewer lire; and. WHERF,AS, Builder has agreed, at his rnvn cost and expense to construct and bui-.'d said off site server faci.lit.y all in conformity vita the pla ns, specifications and provisions as approved by the Director of public 'Norks; and MEREAS, The construction of said sewer line shall be in conforlity with thf Huntington Beach requirements relating to server,. and at the completion of said construction and upon acceptance by the Dire-,tor of public Norks as being it Ball conf'ozwity with the puns and specifications approved by said Director. of Publdc Works, diall be dedicated by the Builder to the City of Huntinrt.on Beach; and a . Number 132 l t I tviOMA-5, "h3 i 1.CYer 3i: t,. ic: %ur-'Ier tlz-jis a'cTp,eLli;Cli: r11f,G1' such cc lst -action .�rd -dedication .,': w.13 sawe3r facility t�• x-c,;'urlds froil CO'MY-IG"IV.'_oiis blr oWb,-,, '8 :t7 --aid iY.iij y i..H.13_t"EFIORE' in, the p1;•C'1Ti1:1_s s and a 1,•,,.•t!, iL'• T; :CH...2.7.Yrk.`dy 'sti`? Lk3Y`'i,j.6:7 as;Y'£' ;.: .f:U!.L!::?:3: L rhat uoon cCRYplc?t-'.on Ci:i. tho, co71S'ul`UC:illon of the St^.c"LZity }.e ,:.. inafter de:c3rihed ,p tho .Buiader i,o he. fuZ:l of the Director of Public F'orks ar.-A on its d.edicatior to the Cam`„y o2 (iuntingto-n 3eacr, Uaiider shall h-3 en•U-jLled ;o' refur-xi .from fees L.rze City of i'untin('•ion :3each for coT1nectiono •a2a':1d to saiii descrio.!d fac1.b-t. --% t, in a-,co-^da.nce with the prova lions of Chap-..(4r :36 -of he Hun'Unt-ten Beach . Ordinance Code. 2 The :�ac'L ity con,jtract,2d i�y.F,aiIAex=.ard f07 rch.icIi x—efinds are ;iemby ap eed t.o be paid to 1�u..'sd.er is descrii:x d as foll-Mis: 8-inch sever on Warner Avenue from 59 feet west of Hole& CMca Street to 271! feet westerly. 3. Buildar does hereby acl.rl:.:r dta that he: `-as rvaejved a refund in the -rom of a credit in the a.`zlourt of -0- by vmiver of Connection fees,, 4. T'nat the cost to the Bu:Udea for the construct ion of Paid °ac.t Litt; is the -inn of $2,821.10 5. Tr;e refu A to be paid to the "Ui2der ur4er this Ag-r;ae—rum- • is• as foll'y'vs: Tota.I Job .Cosa of -aci- ty �2,821.10 `i ota:.1 Amoimt RQf'zur*d L- ;+-Aer Chapter 36 _ 90% �2,821.10 29538.99 Pin-fund credited L-3 waiver of fee on cok7mectirr( to Io¢• C�tp Net Ref•z4ab1Pa 29538.99 Cn No m.Cu nd Payment sInL ..). ''_"e. made Ly the Clerk of the City of fiunting'•o l Spach to i'•uilder until the Dire-c-tc r of Fuol.ic 4orks shall have; CSi'tlfl -CA, :t.i: 4TTi"•°nf�9 tt) tJti:S :i1f.V 1`!: '•`.•''lct` :�'.? !r`.t:'I' x� t�.:iLl"'•�:yCi fiiC'+ a S'•?Klxn f or a sp cifla com-uc: .icn hav'in �, �Y z': ,. . �.Z'T ,;.ryue to this: :'a tic>{ facilit in accordz,nce -;vith Chapter 36 and City has rcca<. ec: -Uhe fee f-,r such co'••(nection. 20 ,� City shall not be liable: Aor paymeiiL of x-:_,'Lun;:! by :.-Oason of its fa-.3nre to collect or receiva f on, any person or entity Lhe sewer, fee. Howeve, CJ.ty a L'r-Ees frcm an adkinistrati.veleg S!-tive 01 judj_c`.a.L proved m to protect the of Builder. either individua-Li or entit:*:..:;q who ha re previously constricted sewer facilitiosp by the collactf_ng of the sewer 'ees.,, either prior to or conclurren� :pith the 6.r=:Ve1o,,v-'e_nt of any proper-"y servied by the facil-:.ty constT-ucted uirOcr thin ag-Ir'em- lit, if a WVAe., who develops property serve_,,i b-.. said. faxility; is required.,' as a condit on of development to iionstprtrct aAcUt-ionaa sewer facilities, City W-y allow Aid Builder credit taward,-..; tae per acreage fee consiot-ont with this City -es o fu,,mish a copy of this 'avi-lecMent to said Agreement; C - further air-: es developer of any properties servad by the facilities do_qcT-1-cx_,d herein., 8. In the, event City does not require. a Builder to deposit the sewer fee with the City prior to or concur-_-,!^nt vrith Developxmnt, in that e-w,'rit City will provide in an agreement with said developer that said developer is obligated not only to the City 'jut to the i.uilder., individuals or entities who have previously contributed to the cost of construction of sewer facilities constructed hereunder; rald a.-reement will -further provide that -1-n the event that it becomes necessary to institute leg.,I pro:,eedings, eithe'r by the City, or by the Builder -who has previously contributed to the- cost of sewer facilitie's, to enforce the ri-Phts of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be required to pay the attorneys fees for any of th-a fartio33 9� It is understood that the City is not required to institute legal Proceedings to protect the interest of the developer, but Pay jo so. Dated OL__ C'l nn OF HUNTINGTIM, BEACH A municipal corporratioa, BY —my—or U v 7 T 74 �=1P FK 3'. ahL APPROVE) AS TCI F'J'WN: 4S , 7y i STATE OF CALIFO ND, ) ss COUNTY OF, O;RANM On this clay of lei a before me , a Notary=lic, in az�for w- County t7- ::tzfic, 'persona appearaq>4cotc 3q..V-- i; , known to me to be the Mayor, and PAUL G. JONES,, Icnown to me to be the City Glerk of the City of 111zitinrton Eaach, a wmsnicipal corpox-ationp the cc-rpor-ation that cxecoted the within instr ent and acknm:, ledged to me that they executed said :instrument an behalf" of. such municipal corporation. VERNE FICIAL SEALlNA W FAOOUBLIC • GLIFORNUIPAL OFFICE IN ERNESTINA 01 FA910_NGE COUNTY In and for the Count NOTARY PUBLIC �Y Commissiony of Orange.State of California Expires June 2501969 City Hall• Huntington Beach, Cali/, STATF UP CALIFORNIA. ) } ss C0UN7.'1' "F 0RANGE } thzs j day of 15 G CQ before ma, a Nota y Public e n arAd x or t o said Ccun andSme Personally appeared known tcs meto be th9 President and Imo:vn to my to be the Secretary of the eo orailon Mt execu within instrLwent and acknc:aledged to me that they exf-cuted said instrument on behalf or such corporattono ti o r FERN C. CHASE Cam, ti My Comrn;ssinn Expires June 1T. 1968 a A e - REI?ASMEZNT AGREEMENT Sewer Main THIS AGREEMENT, dated this day-of 196 , by and BE'DVEEN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for convenience �2`-° referred to as,, Atf__� CITY // 2-/ 6,6 0 C1 BUI MER WITNESSETH: WHEREAS,, Builder has filed with the Director of Public 17orks of the City of Huntington Beach for the extension of a sewer main and connection thereto for �Q C l 0a1r NNE AREAS, Builder has entered into an agreement with the City of Huntington Beach re'ating 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 bui .d said off—site sewer facility all in conformity with the plans,, specifications and provisions as approved by the Director of Public #Vorksa and ►WHEREAS,, The construction of said sewer ).ine shall be in conformity with thc. Huntington Beach requirements relating to sewer, _and at the completion of said 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 Public :Yorks, shall be dedicated by the Builder to the City of Huntington Beach; and le Number 11 Z r WHEREAS, the Builder shall be entitled under this agreement, after such construction and dedication of said sewer facility to refunds from connections by others to said sewer facility; NOIN, THEREFORE, in consideration of the premises and the agreements herein contained.. the parties agree as follows: 1. That upon completion of the construction of the facility here— inafter described by the Builder to the full satisfaction of the Director of Public 4orks and on its dedication to the City of Huntington Beach, Builder shall b3 entitled to refund from connection fees received by the City of Huntington Beach for connections made to said hereinafter described facility in accordance with the provisions of Chapter 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: o sa. C.L.o.. Zhaa 2'? ! 3. 'Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of `0 by waiver of connection fees. Z- 4. That the cost to the Builder for the construction of said facility O is the scan of $ i 5. The refund to be paid to the Builder under this Agreement is as follows: Total Job Cost of Facility Z$ 2 Total Amount Refundable under 10 Chapter 36 ® 90% x $ t 6 Z 4= Less: Refund credited by waiver of p .. fee on connection to lot O City Participation 9 9 Net Refundable: 6. No refund payment shall be made by the Clerk of the City of Huntington Beach to Builder until the Director of Public Works shall have certified, in writing, to the City Clerk that Builder is entitled to a refund or a sp:cific connection having previously been made to this particular facility in accordance with Chapter 36 and the City has received the fee for such connection. 2. i 7. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the sewer fee. Kativever, City agrees from an administrative, legislative 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 proper{-,y served by the facility constructed under this agreement, if a Btiilde:T1, who develops property served by said facility; is required, as a condition of development to construct additional sewer facilities, City may allow said. Builder credit towards 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 Builder to deposit the sewer fee with the City prior to or concurrent with Development, 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 Builder, individuals or entities who have previously contributed to the cost of construction of sewer facilities constructed hereunder; 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 thereunder that the prevailing party 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. Dated: CITY OF HUNTINGTON BEACH A municipal corporation.. Hy Mayor By UTTEy r 3a APPROVED AS TO FORM: sst. -;.ty Attorney BUILDER ViceFr—esideig By sst. recretary STATE OF CALIFORNIA ) } ss COUNTY OF ORANGE ) On this day of 19 , before me a Notary blic, in and foi;-- ty awn State, persona appeare s DONALD P. SHIPLEY, known 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 me that they executed said instrument on behalf of such municipal corporation. STATE OF CALIFORNIA ) } ss COUNTY OF ORANGE ) On this day of 19 , before me, a Notary Public, in and for a said County a to e, person�ally appeared known to me to be the President and known to me to be the Secretary of the corporation that executeg the within instrument and acknowledged to me that they executed said instrument on behalf of such corporation. �Sa