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.
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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
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September 8, 1966
K,& M.Development Corporation
405 -A West Katella Avenue
Anaheim, California
Gentlemen:
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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.