The URL can be used to link to this page

Home My WebLink AboutUnion Oil Company - Reimbursement Agreement 117 - Water Main r December 159 1969 Honorable Mayor and City Council City of Huntington Beach Attentions Doyle Miller City Administrator Subject: Reimbursement Agreement No* 117 Construction Off-site Vater drain at garner and Magnolia Cea ntlowns Union Coil Company of California! constructed tba subject ter main, foes in the emount of $3,797.64 bone bean color leeted from developers who have conmeted to this 11rA and said sum is refundabla to than dwaloper Ver the conditlons of the agreswate This abode mount is the rwaUlag balance due ou this agreto It Is requested that sum be reimbursed, the check be maM payable to Uabn Oil CaVany of Wifomia, and the eMck be returned to this office for transmittal, Very truly yeurse _ray s R. Wheeler Director of Public Works .lnW.-T14aas cc: Finance Dept, ;7goo 74 !!..w cot nee V40 0 ; All-- r's_r_, rh r.:s1�y'�•G.y,.?+i�i r * 1 I .r I'L°kC,'r.Y`5pi•,�;�'�_' Fes'' Pr:.Ik•�Ii�1P.aEMENT n GUR- ,L''L ' = . i. . ;Hater :;'ain THIS A GREF 23T, dated this day of 1�5 , by and CITY OF tfUi3`3' It TON BLACH, . a n,un?cipa? corporation hereinafter for co,.nrauierce ref'ermad to at, CITY UNION OIL CO TANY OF CALIFOMIIA r P.O. Box 7600 Los Anse le s 54, California BUIMM i:' I T N E 5 S E T F i: lff::f?S.AS, fiuilder has f .lod r,' Iz the Director of Public orks of the i9 City of ffuntington Beach for the e3:te.nsion 'af a wau ,,r main and conraction I thereto for 8971 Warner WHZI ,1S, Builder has entered into an agreement with the City of f Efunti-a„ton Beach relating, to performing the nocessarrr work in the construction. of said water 'line; and t`JH :f�F.AS, Builder has agreed, at has own cost and e�c;�z�e to construct Y and build said off—site hater facility all in eomfomity with the plans, Specifications and provisions as approrimad by the Director of Public 4'Jorks; f and - WrEf? the cons'--action of said :rater line shall be in conformity . jwith the Huntin;ton Bcach Ordinance Code, more particularly Chapter 35 relating :z to water, and at the coripl,etion of said construction and upon acceptance by the '$ Director of Public Works as being ir, f ,11 coa.formit.y with the plans and ^p^-.cim fications approved by said Director of Public ;corks, shall be dedicated by the Builder to the City of Huntington By;,ich; and r Nua:ber 117 --- -- L - ---- — ---— -- --- —---- — -- r�._,......ti....�..-...-,�._.,...-.._. .......,-.a.� ......- .max. " ` •" �IME-MRAS, the Builder shall Ik err' ed wrier said sections of the ' Huntington 'mach Ordinance Codc, after such construction and dedication of said water facility to refunds ern conrzsctions bJ others to said ;rater - facility; NO'11, TI?EREFORE, in consideration of the promises and the ae.reem.-nts i herein contained, the roes a-r.;e as follows. y. That up completion cf the construction of the t'aci?3.ty hereinafter described he Builder to the full satisfaction of the Director of Public forks and on its dedication to the City of 1:untir. on Beach, Builder dia.11 be entitled refund from connection fees received by the City of Huntington :Beach for connections mado to said ha :rafter described facility in accordance with the prov:.si. of Chapter 35 of the Huntington Beach Ordinance Code. ro 2. 'fhe facility constructed by L'uildor and for which refunds t are hereby agreed to be paid to Hui is described as follows: Oversize: Warner Avenue - from Ross Lane to Cannery Street r� Builder does hereby acknowledge that he has received a i refund in the f o= of a credit in the amount of -Dr by waiver of connection fees. 4. inat the cost to the Builder for the construction .of said facility is' sumo $4.527.60 5. The refund to be paid to the 3uil.der under this Agreement is as follows.. Total Amount Refundable under ClhaFt 35 90,,.' x 4527.60 $4,074.84 M:3s: Refui-J credited by waiver of II - fee on connection to $ -0- City participation $ 277.20 Net Refundable — V,797.64 6. No refund payment shall be mada by the Clerk of the City of Huntington Mach to Builder until the Director of public +'forks shall have certified, in writing, to the City Cork that Builder_is untitled to a refund for a specific connection having previously been rude to this particu lar facility in accordance with .Chapter 35 and the City has received the fee 9 for such connection. 3. t 7. City shall net b; la.P.b'_e for pay:mcnt of refund by reason of ' i-ts failure to collect or receive from, zany parson or entity th, :..ater fea, ?Io:7ever, City agrees from an adrzinistrativ:�, loerislative or quasi Judicial i procetiu to :}rotect the i.,tc:ast of guilder, either individuals or ontities, who have previousiy construct ld .,ator facilities, by the collec'ti.nC of t:.e water fees, either i.rior to or c oncu-rent rlith tie developu grit of propeeLie•e serviced by said _facili.ty, if a who is developing proparty which rill be scrw,cd by- the facility dcscx-_bz�d h-smir., is required, as a condition to the devalo^)::tint of said property to conot-1- st wa:te.r facilities, City may al1mv said -Duildle:.' cradit towards 4hc r.;a;r acrea.-Ie ftiu consistent with thi E: sari agreement; City further agreass to .'u3'L' ":.i c. co-,;f of '' l�s a. _-+ae Gimt t0 tl,n develop a-r of any p.opert-es bcir.: s z�� u by t�l ft ci t;r to ih:;.Gh builder is sa subject to r furA under this agrasm:mt 8„ In tha etcnt City does r_oi: 7,—_quire a buildcr to deposit the ,water fee rith the City p:�-.or to or corcurront with .Urie dowlo=,ent of properties, in thhat ;vent City -mi li -prwi:;e in any agme-mant- ..i.tz said buiu.3er thPA :n.id builder is obli at-AA not only to the City but to the builder, individuals o_ on'.A.Las rho hav;* paxLeLoue;',y contributed to the cost of conbtruction of Lhe water facilities; said apmemsnt will further provide thaw in the event that it �ecwres n cessary 'to institute legal proceedin,-;s, either by the City or by the builder who has previously con- tributed to the cost; of hater faci'.-ties, to enforce trw rights of the parties thercumdi, that the prevz_s Ong it Ny shall be entitled to reason— able attorneys fees; provided howenv::r That the City shall not be ra uired to pay the atuorizeys fees for any of the pa:-ties. 9. It is understood that* the City y:a not required to institute legal proceedings to protect the in;enest of tha builder, but may do so iJG.LGCi: / O , aiL � CI'fl' OF NON'1'Ii�?GiON -TEACH A Y:I'urdcipal corpomow'tima) By ,• tr 10 r So i 1 so �( Ch this day of iu the year V A. D. 19 GS before man B0332T W- CRNBTNM , ± � to Notary Public it and for. said County and State, residing therein and 0 duly commissioned and sworn, personally appeared Ce Ce lP&TRA4 known to me to be the rzd knewn to mg. to be t1v of UNION OIL COiPANY OF CALIFMIA., the corporatien that executed the within instrument, and ''Unma to me to be the parecas who executed the within instrmant on behalf of ttA corporation the-rain natied, end acknowledged to €mn that ouch corporation oxncuted the sam. IN WITHUS WHEIMP, I have hereunto set my hand and affixed my official seal the day and year in this 1 ift to fifet .� •a.' -,s ROCFRT 93. CjjE8TWjTT N® ry Paitblic� and for said Cmmt- State NOTARY Purl IC"CALIFORMA ROBFU W. (:its PRINCIPAL ?�T(-NOTARY PU tC � IN NOTARY �• 4 LOS AN, �`.C 3. t� ELES COUNTY i!v ComRission 02pire9 A e! � APPROVED IS TO F t.o i✓Z or2•LCy ,/BUILDER UNION OIL COMPANY OF CALIFORNIA Division Sales anager California South Coastal Division by t1SSvo .•GCr8tar31 . STATE OF CiiLIFOHNIA ) ss COUNTY OF 0%%NG`, ) Oil this . , dey of - , 1945; b fore rG o a .notary PubLc i rr� r'or :aid Co nty,and S'- It persar `r' ppeare DOhAi.D P. 5.LITPTEYs to me -to be tie Mayor. "and PALL C. JONJ'E'S, known to rn to be the City Clerk of the i"ity oZ Huntington Beach, a. mi,= i�1 corporation., the corporation that executed the vri«thin instrumnt and acknm- ledged to ma that they executed said ins"rmniant on behalf of such municipal corporation. . ten OFFICIAL SEAL ERNESTINA DI FABIO ERNF,r MNA 01 FABIO-NOTARY PUBLIC w NOTARY PUBLIC - CALIFORNIA apd for the County of Orange.State of CaliforaW PRINCIPAL OFFICE IN My Cotptni..4on Expires June 26. 1965 ORANGE COUNTY Gtr Fill-Huntington Beach. Calif.