HomeMy WebLinkAboutA. E. Ruoff - 1972-06-19REIMBURSEMENT AGREEMENT FOR
WATER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for convenience referred to as "City",
and A. E. Ruoff, hereinafter for convenience referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost
and expense, constructed a Water Main, hereinafter referred to as facilities,
and said facilities have been constructed in conformity with the plans and
specifications approved by the Director of Public Works of City, and
have been dedicated to City, and City desires to reimburse Builder for a
portion of the cost of the construction of said facilities as provided
by the ordinance code.
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as follows:
Builder has constructed, at a total cost of $6,197.15 a Water Main
and appurtenances to serve 17331 Beach Boulevard and adjacent properties.
(See Exhibit "A" attached hereto and made a part hereof for a map of the
area served) and has dedicated said facilities to City.
The refund to bepaidto Builder under, this agreement is as follows:
Total job cost of facilities $6,197.15
Times 90% per chapter 34 5,577.44
Less: Refund credited by waiver of
fee @ 150.00/acre 253.50
Net Refundable $5,323.94
No refund shall be made by City t Builder until the Director of Public
Works shall certify in writing, to the Finance Director that Builder is
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington beach Ordinance Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or, receive from any person or entity the connection fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to protect the interest of developers, either individuals or entities, who
have previously constructed similar facilities, by the collecting fees, either
prior to or concurrent with the development, or any property served by the v
facility constructed under this agreement. If a developer who develops property
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities, City may allow said developer
credit toward the per acreage fee consistent with this said agreement; and no
fees shall be due Builder by reason of such construction City further agrees
to furna:h a copy of this agreement to the developer of any properties served
by the facilities described herein.
In the event City does not require a developer to deposit the connection
fee with the City prior to or concurrent with development, City will provide
an agreement with said developer that said developer is obligated, not only
to the City, but to Builder, and to developers who have previous}.; contributed
to the cost of construction of facilities constructed hereunder tL deposit
said fee with City; said agreement will further provide that in the event
that it becomes necessary to institute legal proceedings, either by the City
or by Builder or developers, who have previously contributed to the cost of
such facilities, to enforce the rights of the parties thereunder, that the
prevailing party shall be entitled to reasonable attorney fees; provided,
however, that the City shaV not be required to pay t;le attorney fees for any
of the parties.
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It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this 1al-7T day of _, 19
ATTEST:
CR"
City4eferk
APPROVED AS TO FORM
by
CITY OF HUNTINGTON BEp
a municipal corporatio,
aL.
Mayor
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APPROV ,D AS TO FORM
DON P BQNFA
City/Atyori)ey
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City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92f4§__
ENGINEERING DEPARTMENT �
June 7, 1972,_ 'm
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Honorable Mayor
and City Council toe a
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Approval of Reimbursement Agreement
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No. 72-Wl to A.E. Ruoff
Gentlemen:
A. E. Ruoff constructed an off -site water main for
17331 Beach Boulevard (Mazda Agency). The City ordinance
allows for reimbursement to 90% of this cost as fees become
k available.
It is requested that this agreement be approved, the
Mayor and City Cleik be authorized to sign it,, and that it
z be returned to this office for transmittal.
Very truly yours,
r� �y
.Tames R. Wheeler
Director of Public Works
JRA.Kae
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City of Huntington
P.O. BOX ISO CALIFORNIA 9ZS48
ENGINEERING DEPARTMENT
.Tune 7, 1972
Honorable Mayor
and City Council
City of Huntington Beach
Attentions David. Dy Rowlands
City Administrator
Subject: Approval of Reimbursement Agreement
No. 72-W1 to A.E. Ruoff
Gentlemen:
A. E. Ruoff constructed an off -site water main for
17331 Beach Boulevard (Mazda Agency), bhe City ordinance
allows for reimbursement to 90% of this cost as fees become
available.
It is requested that this agreement be approved, the
Mayor and City Clerk be authorized to sign it, and that it
be returned to this office for transmittal.
Very truly yours,
''flames R. Wheeler
Director of Public Works.;TRH � `l`M' ae
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