Loading...
HomeMy WebLinkAboutTexaco Inc. - Reimbursement Agreement 115 - Water Main TOPIC \ ` FILE NO. \G/�171 LEGISLATIVE HISTORY RECORD DETAIL uno DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 2-1-65 2-mot-`7y. i •1• ' City ®f Huntington Beach P.O. B 0 X 190 CALIFORNIA 9264 ENGINEERING DEPARTMENT February 9, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement No. 115 Construction of Offsite Water Main Bolsa Chica S/Warner Gentlemen: Texaco, Inc. constructed the subject water main. Fees in the amount of $397.20 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. The above amount is the full balance of this agreement. It is requested that sum be reimbursed, the check be made payable to Texaco, Inc. and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works JRW: :ae REIM 3URSEKE NT AWEhENT THIS AGREEMENT, dated this art day of 1964, by and BETWEEN CITY OF HUNTINGTON BEACH, a municipal corporation hereinafter for conven- ience referred to as, CITY TEXA C 0 INGORPORATED BUILDER W I T N E S S E T H: "NHEREAS, Builder has filed with the Director of Public storks of the City of Huntington Beach for the extension of a water main and connection thereto for 4972 Warner Ave. WHEREAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said water line; and ?VdEHEAS, Builder has agreed, at his own cost and expence 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 WHEREAS, the construction of said water line shall be in conformity 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 Works as being in full conformity with the plans and specifica- tions approved by said Director of Public Works, shall be dedicated by the Builder to the City of Huntington Beach; and Number 115 WHEMS, the Builder shall be entitled under said sections of the Huntington Beach ordinance Code, after such construction and dedication of said water facility to refunds .from connections by others to said water facility; N(YW THEREFORE, in consideration of the premises and the agreemsents herein contained, the parties agree as follows: 1. That upon completion of the construction of the facility hereinafter described by the Builder to the full satisfaction of the Director of Public Works 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 to said hereinafter described facility in accordance with the provisions of Chapter 35 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: Oversiaes Bolsa Chica St. — from Warner autr.=ri 3. Builder does hereby acknowledge that he bas received a refund in the form of a credit in the amount of $78.00 by waiver of connectioh fees. - 4. That the cost to the Builder for the construction of said facility is the sum of $ 528.00 5. The refund to be paid to the Builder under this Agreement is as followss Total Amount Refundable under Chapter 35 90 a 528.00 = $ 475.20 Lses Refund credited by waiver of fee on connection to $ 78.00 Not Refundable $ 397.20 2. 6. No refund payment shall be made by the Clark of the City of Huntington Beach to Builder until the Director of Public Works shall have certified, in wtiting, to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this particular facility in accordance with Chapter 35 and the City has received the fee for such connection. T. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the water fee. However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of &d3der, either individuals or entities, who have previously constructed water facilities, by the collecting of the water fees, either prior to or concurrent with the development of properties serwioed by said facility, if a builder who is developing property which will be served by the facility described herein, is required, as a condition to the development of said property to construct water facilities,, City say allow said Builder credit towards the per acreage fee consistent with this said agreement) City further agrees to furnish a copy of tMbragiseient to the developer of aby properties being served OW the facility to which builder is subject to refund under this agreement. ®. In the event City does not require a builder to depodt the water 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 builders individuals or entities who have previously contributed to the cost of coo- straction of the water taoilitiesi said agreement will further provide that in the event that it becooss necessary to institute legal proceedings, either by the City or by the builder who has previously contributed to the cost at water facilities, to enforce the rights of the parties there under, that the prevailing party shall be entitled to reaaanable attorneys fatal provided however that the City shall not be required to pay the attorsps fats for asgr of the parties. 3. g. It is aderstood that the City in not required to institute I&SRI psweetdings to proteet the interest of the baiMarO but my do so. Dated t CITr OF RMINGTON DUCE A tawde 1pal corporatic% BYNl- r o r Zia r APPROM A3 TO FOF@ia AM. My Mornay BUILDER TFXACO INC. Vice Presi nt by j %f Asa . Secretary 4• STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On this day of 1964, before rae, yam ✓ a Notary Public, in and or 3aid Counwan State, personally appeared DONALD P. SHIPLBY, known to me to be the Mayor, and PAUL C. JONES, known to me to be the City Clerk of the City of HuntinCtoln 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. OFFICIAL SEAL I I 'f ERPlES:rs.a I!© � p NOTARY P'01,0 e PRIt ?::I l'rih IN Or'11i OE COUNTY ERNFSTIN A DI FABK)-NOTARY PUNLIC In and lot the County of Orange,State of California My Commission Fct.uev Iune 26, 1965 City Hall.f' -nnitun Beach. C 14- STATE OF CALIFORNIA ) ss COUNTY OF aft= On this day. of j, 19642 before me, a Notary Public, in and for sa y arWT3QV,—, person%1ly appeared i known to me to be tg6l�m-e nt and C- s ti o rl known to the to be � corporation that executed the within instrument and acknowledged to as that they executed said instrument on behalf of such corporation. .<- s i RtORMa V. THORNBERRY Mk/ COfi I"Ion Expires Feb. 16, 14M NOTARY PUBLIC jRMItMUN Gearib of Log MtfW.t. Slits of Cd0000