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HomeMy Public PortalAbout1966-08-07 Reimbursement Agmt - K & M Development CoREIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between K & M DEVELOPMENT CORPORATION, hereinafter referred to as "K & M," and the CITY OF FULLERTON, a Municipal. Corporation, hereinafter refer- red to as "CITY." R E C I T A L S �r.s „-! KRIC Enterprises, Inc. WHEREAS, a use permit was granted to XIZA( to develop certain property within the City of Fullerton, in accordance with Plan No. P -279, upon condition that 328 feet of a sanitary sewer be constructed and located in a City -owned alley located adjacent to said property and easterly of Victoria Drive and northerly of Chapman Avenue in the City of Fullerton, California; and WHEREAS, said sewer has been so installed with sufficient capacity so that it may be used by property on both northerly and south- erly sides of.said sewer line and extending about 395 feet easterly of Victoria Drive, including the 289 feet length of property of the said K & M, which is the subject of said use permit; and WHEREAS,, the total amount paid by K & M to construct said sewer was $1,400.00, and CITY deems said sum to be the reasonable cost of said sewer and that it will benefit said.395 feet of property on each side of said sewer, or a total of 790 linear feet parallel to said sewer, at a rate of $1.77 per linear foot, NOW, THEREFORE,- the.parties hereto agree as ,follows: 1. K & M has completed the construction, and paid the entire cost, of said sewer within the -said alley pursuant to said use permit and specifications approved by the City Engineer. 2. CITY has duly accepted said sewer installation and is now the owner of all sewer lines, pipes, valves, manholes, connections and other facilities as now installed therein. - 1 - yv& �3 n4-1,11 , X442, � r • 3. CITY, upon the application for a permit.to connect said sewer to all or any part of the property extending 395 feet easterly from Victoria Drive and parallel to said sewer and adjoining said alley on the north and south, other than the 289 feet of said property belong- ing to K & M,'will require, in addition to any other charges by CITY, the payment to CITY'of7$700.00 for the connection of all or any portion of said 395 feet of'.land on the north of said alley and $186.77 for the connection of all or any part of the westerly,106 feet of the '-said 395 feet of land on the south side of said alley. For the first con nection made to either of the parcels above mentioned, the full amount shall be collected by CITY. The payments for connection to said sewer required herein, apply only to the first connection on either side of said alley. CITY is not required to collect any payments hereunder for any subsequent connections to said sewer. 4. CITY agrees to pay K & M, upon receipt, said sums of $700.00 and $186.77 for the connection of said properties to said sewer. 5. CITY will collect the charges set forth in this Agree- ment for said connections made to said sewer'cunless K & M gives CITY written notice waiving its right to have CITY collect such sums for connections to said 'sewer, and that it will collect such sums itself. Upon receipt of such notice, CITY is relieved from its obligation to make.collection for connections to said sewer as stated in such notice. 6. The obligation of CITY to collect for said sewer con- nections as provided herein, shall be null and void ten (10) calen- dar years from the date of this Agreement. 7. Upon the receipt by the CITY of written notice of any assignment by K & M of its rights under this Agreement, all benefits hereunder shall enure to the successors in interest of K & M. IN WITNESS WHEREOF, we have executed this Agreement this ��day of 1966. TO FOFdA: D. Recs/inald �itstaveson City ttdr ey CITY OF FULLERTON i K & M.DEVEL PME CORPORATION By CITY OF FULLERTON - 3 ;- r r - 3 ;- September 8, 1966 K,& M.Development Corporation 405 -A West Katella Avenue Anaheim, California Gentlemen: • Enclosed is your copy of the Reimbursement Agree- ment relative to the construction of a sewer in ael alley behind the commerclal.development at 'Chapman and Victoria Drive as required by Precise Platt P -279: The Mayor and City Clerk were authorized to exe- cute'said agreement on behalf of the City by the City Council on September 6, 1966, Very truly yours, Virginia Fitzsimmons City Clerk Bye ,Jane Broadway Deputy Enclosure cc Hugh L. Berry City Engineer REIMBURSEMENT On motion by Councilman Herbst, seconded and AGREEMENT: carried, the Mayor and Clerk were authorized to execute the reimbursement agreement for proportion- 9—e,-64 ate sewer costs when utilized by two adjacent V.7-.;-/s6 parcels for connection to the sewer constructed for Precise Plan P -279 in the vicinity of Chapman Avenue and Victoria Drive.