HomeMy WebLinkAboutTexaco, Inc. - Reimbursement Agreement 116 - Water Main TOP 1,4 �
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�a LEGISLATIVE HISTORY RECORD
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DATE ACTION OF COUNCIL OR BOARD - MINUTE BOOK
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THIS AM , dated this d&Y of `d��:;,wj'w': � 19640 by and
EETWM
CITY Of HUNTIHf3M BUCH,
a municipal corporation
hareinOter for consenD
ience referred to asp,
CITT
TEXACO DM., a corporation,
herein&fter for convenience
referred to as,
BUILDER
W I T 1 E S S E T Ha
S. B4silder has filed with the Director of Public Works of
the City of Huntington Beach for the extension of a suer Bain and connection
thereto for 4M Warner Avee
Builder has enter into an agreement with the City of
Huntington Beach relating to performing the necessary work in the com traction
of maid sefsr linel and
W RMS. Bailder has agreed, at his own cost and ssWanve to construct
and bruild said off—site saver facility all in conformity with the planar'
specifications and provisrions as approvad by the Director of public storks,
and
, The construction of said nower line shall be in conformity
with the Huntington Beach requirements relating to sewer, and at the oamletion
of said construction and upon acceptaace, by the Director of Public Works as being
in full conformity with the plans and specifteatiomm approved t7 said Director
of Public Works, shall be dodiaated by the Bender to the City of Hantingkon
Besehi and
a► the Builder mall be entitled under this agressentv &Mr
such construction and dedication of ®aid sewer facility to refunds from
7�
Number
2.26
cox ctions by others to said sever facility;
NOW TM?-h7OFiE, in consideration of the premises and the agreements
herein contained, the partiea awe as follows:
1. That upon completieuu of the construction of the facility here-
inafter described by the Builder to the full satisfaction of the Director of
Public Norks and bn its dedication to the City of Huntington Bsaeha 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 36 of tho Huntington Beach
Ordinance Code.
2. The facility constrmted by Builder and for which refunds
are hereby armed to be paid to Builder is described as fol1owss
Of'f aito s On Waster Ave. 0 4972 Warner
3. Bai.lder doss hereby acImceled.ge that he has received a refund
in the fam of a credit in the amount of $156.00 by waiver of connection fees.
4. That the cost to the Builder for the construction of said
facility is the am of 1,150.00.
5. The refund to ba paid to the Builder under this Agreement in
as f ollowss
'fatal Job Coat of Facility $ 4150.00
Total Amount Refundable under
Char 36 n x 84150.00 1®035.00
lases
Refund credited by waiver of
fee on connection to lot 156.00
Not Ref bl.e s C-AM-00-
6. No refund payment shall be made by the Clerk of the City of
EIantington .Beach to &dUtar until the Director of Public Rorka shall have
certified, in writing, to the City Clerk that Builder is entitled to a refund
2.
for a specific connection having previously been mado to this particular
facility in accordance with Chapter 36 and the City has received the fee for
such conmetion.
7. City shall not to liable for° pVmnt of refund by reason of
its failure to collect or receive from any pereon or entity the sower fee.
H ver, City agrees frcm an administrmtive, legislative or gmei judicial
prosedure to protect the interest of lkil&r, either individuals or entities,
who have previously oonatrnatod sever facilities, by the collecting of the
er fees, oithor prior to or concurrent with the development of any
property seated by the facility constructed under this agreovant, if a Barildar,
who develops property served by esid facility; is required, as a condition
of development to canctruct additional sewer facilities, City sassy allow said
Builder credit towards the per acreage fee consistent with this said Agree-
ment; City further awes to .furnish a copy of this agreement to the developer
of azW propertiao served by the facilities described herein.
8. In this event City doors not roquire a Builder to deposit the
sower foe with the City prior to or cowurrent with Davelopment, in that event
City wil1 provide in an agreawnt with said developer that mUd 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 sower facilitieu
constructed hers undarl said agreement will further provide tdAt in the event
that it becomee mceamry to inmtiitm legal procesdiages either by the City
or by the Builder who has previously contributed to the cast of sawer facilities,
to enforce the rights of the parties there under that the premiling party
smell be entitled to masonable attormys feeci provided ever that the
City shall. not be required to pay the attormys fees for any of the parties,
9. It is understood that the City is not require to institute
legal proceedings to protect the interest of the developer, but may do so.
.30
y
CITY OF HUMNOTOM MACH
A MmAcipal Co tio%
APPROVED AS TO FOs
4'0 y
3-
ViCe ftv
Assn.
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE }
On this day of 1964, before nte�� f dj 1, �
a Notary`"! in a or sa oanLy and State, personally appears
DONALD P. SHIPLEY, known to me to be the Mayor, and PAUL ("'. JONES, known to
me to be the City Clerk of the City of Huntington Reach, 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.
e
OFFICIAL SEAL
ERMIEST'MA D: HZIO
OiNARI ' s
PME--i"A'_ O�FICE Ili
ORANGE COUNTY_— t ERNFSTINA DI FAB(O-NOT.'.RY" PUBUC
®Md for the County of Orange,:irate of Caiifoaa{j,
W Commi.aim Fzpireo June 26, 1963
CIV HW a I'WMhW inn Beath. Calif.
STATE OF CALIFORNZA )
COUNTY OFje r dj
y '
On this Z fty of User,61 i'C(i= 196)4, before sae, a Notary Public,
in and ?or Rid Uounty an S ate, personally appeared
U1,g11s:e E.- known to me to be tkri I T n a
i✓F G-. A known to as to be ti e0�r��
he corporation that exlBou the within instrumnt and acknowledged to r
that they exsouted said instrument on behalf of such corporation.
FLORENCE V. THORNBERRY
Commission Expires Feb. 16, 1964
NOTARY PU®LIC
4104 for the Cwnir or Lora Anveb1,stns of GAR,
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