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HomeMy WebLinkAboutThomas Van Talbert - Reimbursement Agreement 136 - Water Mai ck tA6 �-7C c—7 a L+ I-re -7sS C5 z� 't 3 __��E _ ,vim--- --���._/'1� �.�_ _,�G_� � _ i I - i i 1 I q b ,� 1 � 1 f uAc b J �% C1 � i 4 iv o w � oe 0 drl(�Iji I 1 f _ y� `t-5-72- I cA c.c - - i l - I TOPIC FILE N0. LEGISLATIVE HISTORY RECORD DETA I L �.;'•a A thy' L/9 1 /� e DATE " ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE s i I FILE NO, TOPIC //'�� OFFlCE MEM�' RA y ! E ` '- To. Date From •• • t �1.Ef.L1�� W►��sn� ..� ,,� In Re 1 .�u�• �`t IF Qo*n : Fees cc c.-cam c> 4 200o-� 4 j 1 1�1 ' �y j3 N �i I • 3. '1 . I " ORIGINAL COPY / ' . alkfor Master File s MUST BE RETURNED TO CITY CLERK ,later �ptiin HI`.'? riLA�Li:�A1::ii'Ob., 11 -.d this , day-.of 3,V,2, .by and - cb 1 t OF HU;VTINGTOX BEACH, a municipal corp omtion h0miraf'ter. for commn_i-nnce referred to a.5, CITY THOMAS VAN T�lLBI 1' '1-914 S=Meyer Place-` tz }i t - -, r _.• �p�Y.:` .3±J9i`ol.� -_Y'• - r� _ .-G h `` j-L '" �.�lf��� �-E S 5 -E s� �Y , Us:•,�•�-.� ,�_ �- 1 -•} �+i i�, �`��• } -�Jr - - _ ,. _� k� -���s, J h" - __ �-. n < "-S �yi+��r�r� i.7'� { ;i- � •"_h_+ '•�'1'_Y+ 't s -r- • 1 fy rc r �i r Z , � > �,�"r 4� t< Ste• i eN - - * q C ttzT af: liunti4llib ,� r.t e�[ts nt3l.Cort t �St�1�; ;e smat3D�at1d aoi #G , •+.. '`! - .; 'Y �_,fk f, r• a 4��tl.. ii; •r e.+-- [t, -ra ;p c - �j- -w_ -r n2P a .:4•. _ _ ' � - ' L -...i F .1c r.4 ,�,: dye r f _ r ti ereta� Qr ' IIDI Oi xe tof, .. 1 ., ! i. ✓- r...ltt-1- :r r bas V, a red i♦.y. •��. ntic. ��. /� Yy .^y'.+•' L: I� 'F'rR_ A� { t ti _ .. 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Beach rglatp #o p0ri iIi.g the* neadasary.'rork_•3rit 104 construction. of: said meter'linen'_aiid ►7Hl dtF.As, 'Builder- has agreed, at his`:oy.cost and expense to Construct and build said Off-i4t,6--water. facility'all'.in,conformity-with-the .p3ans smcificati o'rw'-acid-'pt4visions as approved bye the Di xiy for of Pabld.c Works; • and •. ` ?. , „� _ _i �Yd itFAS' I"donstruction of said':=teIIJ6 shaLl.be in conformity with. :the kri,ington V:8each;1)r-,4 rsaiQce Code, ._mom._partjcu2arly Chapter-33 ra!a t6:wa r, Ahd at, the eb*4P3.## 1 -of said' constr� and upon Acceptance by t� :)i•ror,tar of 1?61ic -forks'-ah being iii full c0n6rA0,, ith -the'p]ans and sgsci� approved kip: f�4 �i rector of'Pubs ac rbr q�x mall be d,6 tad by the Ei,ti Gras' to-the City fl . .iunt3`ngton .3each: :msisl s - .1,.. to •'a �.T t � ! ,• _y c l � - sdr•— .R.� .z r - �• _� :. i WEEPSAS, the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code, after such construction and dedication of said cater facility to refunds from connections bN others to said grater facility; NO 9 THERE70RE, 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 hereinafter described by the Builder to the full satisfaction of the Director of Public i4orks and on its dedication to. the City of Huntington Peach, Builder shall be entitled to refund from connection fees received by the City of Huntington Jeach 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 follAeat Oversize: 506 lineal feet of 12" A.C. pipe on Adams Ave. from Florida Street easterly. Offsite: 680 -lineal feet of 6" A.C. pipe on Florida St. from Adams Ave. northerly. 3, Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of $ 433.50 tV waiver Now of connection fees. .4. That the cost to the Builder for the constructive of said facility is the sum of a 4,505•CD . 5, The refund to be paid to the Builder under this Agreement is as follows: Total Amount Refundable under -Chapter 35 90% s 4,505.00 . $4,054.50 Less: Refund credited by waiver of fee on connection to $ 433.50 City participation ne Net Refundable $3,6 6. No refund payment shall be made by the Clerk of the City of Huntington Reach..to Builder until the Direotpr of Public Works shall have certified, in writing, to the City Clerk that Bui]der.is entitled to a refund for a specific connection having previously 'been made to this particu- lar facility in accordance'with Chapter 35 and the City has received the fee for such connection. 2. r City wra1J �zot be liable' for payment o�' refund by reason_ of.' '.ts z'ailu2u :o colli_;et or receive from any porson br entity the ,rater fee. `joF"e ,r} Ci ,y agrees from .an add 1Lai; tit'Z, l[?gi9):,t14E: or quasi. ;judlC gal pr ni-e lure --o oratect the interest of Builrier, either' irn9.iv:i.clua3s or entitie39 =`ie have previously constructed via-Ler facilities; by the collecting of the ,.7:)ter yens, either ;prior '--o or concurrent with the development of properties sai viced by ^,,id facility, if a builder who is -developing property which will i)e seiued by the. facility doocribed hei ins;. is a quired9 as a condition :to �;hs development of said proparty to construct water facilities, City-may 'allow mid Builder --rhedit to Wards the per acrea-a fee consistent with this' said rzreenent; City further agrees to furnimh a copy of this agreement to the developer of any properties Bing served by the facility .to which builder is rrab;jeet to refund u: der this aMiemonto 8o In the event City does not require' a bailds.r to deposit the tfraVr fee .,ith the City prior to or concurrent with the development of groper t_,As,- in that event City vii. l provide in. any agreement with said lru-ilder thaw said builder is ob?.i,;ated not only to the City but to .the !-milder, ir�lividudls or entities who ha-,re pre°rLously contributed to the cost of. construction of the water facilities; said agreement ivi11 further - PrwAde that in the event that it becomes necessary to institute legal proceodin,;s, either by the City or by the builder who has p%viously con- - tributed to the cost. of water facilities, to `enforce the 'rights of the tarties ttrereunder, that the prevailing party, shall-be entitled to reason- able attorneys .fees; pi rcvided however that the City shall not be required to pay the attorneys fees for any of the patties, 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, Dated: a , CITY OF HUNTIlIGTON BEACH A municipal corporation,-, ybr 5yf�-O e,T•y crerk 30 ,41'i'R:;`TED AS TO F01 t U-1.tf tt me yr null _ p 1.Ct? Siv.{..11V t C.(DL!A;TY OF ORlii3rr� j , day of s 19r-7 -on-fore mes a or said Cow-Ay,and Stato, persA� .-}. -��= • . . ..... nwn to me to be t.E klaiyor s and P.-WL, Ca 'JO`iEC, kiwnin to rn.s to ,the City Clerk of the City of !tturitington Beach, a municipal 00-.-o-or-ation, tlic corporatio:a that executed tote within instrment and acknow- li­ji,+, to -ma that they executed said -instrument on behalf of such rnunici.pal r.`, Ilk OFFICIAL SEAL ERNESTMA D! FAMO ERNESTINA Of FAB(O — NOTARY PUBLIC 'w NOTARY PUBLIC - CALIFORNIA In and for the County of Orange,State of California PRINCIPAL OFFICE IN My Commission Expires June 25, 1969 ORANGE COUNTY City Hall,Huntington Beach.,Calif. STATE OF CALIFORNIA _ SS. County of ORANGE O1N 19 , before nw, the undersigned, a Notary Pub ie in and for said State, personally appeared THOMAS VAN TALBERT knoum to me, to be the persor►_-whose name_- a -.Lwribed to the within Instrument, and acknowledged to me that --he exe ed the sarrre. Wrrzlm my hand and of fieial seal. wr1 mY n'�„"11�wmr'C)Pi-WAAL SEAL l V. Fi-CALIFORNIATO 1 IC CANAME (TYPED OR PRINTED) f Notary Public in and fa said State. i-P.INCWAL OFFICE 60767 ACKNOWLEDGMENT—G TT 3 e FORA^lt90♦-�6?I)NA1d 1-t �- �. .�--- /� � C r Q �?l�t�� �� eil�ct�6� G���-.�sf- �'`�c �/ tea.: ��P.:f/.��v� ,� /� .f� '� ,ice ��