HomeMy WebLinkAboutThomas Van Talbert - Reimbursement Agreement 136 - Water Mai ck
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TOPIC FILE N0.
LEGISLATIVE HISTORY RECORD
DETA I L
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DATE " ACTION OF COUNCIL OR BOARD MINUTE BOOK
VOLUME PAGE
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I FILE NO, TOPIC //'��
OFFlCE MEM�' RA y
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To. Date
From •• •
t �1.Ef.L1�� W►��sn� ..� ,,� In Re 1 .�u�• �`t
IF Qo*n : Fees cc c.-cam c>
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I " ORIGINAL COPY /
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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-`
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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 _
.. I ■Viw#aY' . � O•F• it r ,y,`�a�i,y - i �i�• ��1 ,
Huntington. 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 •. ` ?. , „� _
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�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 � -
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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,-,
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30
,41'i'R:;`TED AS TO F01
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p 1.Ct? Siv.{..11V
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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
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