HomeMy WebLinkAboutA.E. Ruoff - 1972-06-19REIMBURSEMENT AGREEMENT FOR
WXTER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between .he CITY OF HUNT1_IGTON BEACH,
a municipal cor -Dration, hereinafter for convenience referred to as "City".
and A. E., Ruoff, hereinafter for convenience refereed to as "Builder".
WHEREAS, Builder, pursuant to agreetaent with City has, at his owk cost
and expense, constructed s Wa—r Main, hereinafter referred to as facilities,
and said fac4.1ities have been constructed in conformity w th the plans and
specifications ,approved ay the Director of Publ'- Thor' s of City, and
have keen dedicated to City, and City desires to reimburse Builder for a
portion of the cost of th,> constructio% of said facilities a5 prorided
by the ordinance code.
NOW, THEREFORE, in consideration of tLe premises and agreements herein
contained, the parties hereto agree as follo7s:
Builder has constructed. at a co:.al cost of $6,197.15 a Water Main
and appurterances to serve 17331 Beach Boclevard and adjacent properties..
(See Ex�-ibit "All attac.hecc hereto and made a part hereof for a malr of the
area served) and has dedicated .,aid facilities to City.
The refund to be paid to Bu?1.dcz under this agreement is as follows:
Total job cost of fac.ilitieW $6,197.15
Tires 9C1, per chaptei 34 5,54%44
Less; Refund credit(r l Sy waiver of
foe @ 150.00/-1Vxe 253.50
Net Refundable $5,32_k_44
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N,p rc>iund rCiall b� msdt by (Aty t,,t Rui I 4er until t?!,v Dix -(-,.tor =J 'nb I 1�
Worki :halt c&rtlfin writiitg, to the Flnanl-e Dir(!;tur that Builder i�,
entitled to a refund by reason 1 ccratectil, hiving been made t', fdcilitie'.'
in accordance with the Huntington Bea,-i Ordinance Code, and that City han
received L a fee f-r -,,-,uch -nne, t;on.
C;ty shall not be liable for payment. of refund by reas;)n of it2 failure
to collect or receive from an1v pe—son or entity the z.'onnection fee. However,
City a6rees from an admin;sLrativ:2,, legislative of quasi judi,ial procedure
to protect the interest of devOopeis, either indivi&.ials or entities, who
have previously 1:onstrucfed similar facilities, by the collertin& fees, either
prior to or :onc-urrent wito the developr-.�-nt, or any DrGperty served by the v
facility coastructed under f1jis agree �uc. If - developer who develops p:,)?arty
served by Zhe fatilitV COIIStrUCLed by Builder it, required as a conesLiin of
development to construct additional fakitities, Clt,i may allow said developer
credit toward the per at read
,e c, c(-rnsi,tent with thi, said agreement; ono no
fees -,hall be due Buildcr by reasm r2f s th c,..nstruction City further agrees
to furnish a copy of this agrc-ement to the devcJoper cif any properties served
by the facilities desoribed herein.
In the event City doe,, nort requirca develk,per to dep--fit the connection
fse with the City prier t�-* vr calmurr&nt With devcloptn%:nt, City will provide
an afire orient with said developer that said developer is cHigatc-d, not only
to the City, but V'i Builder, aml t-, dfv,0t?per,,4 who have previously contributed
to the cost cif c,.P,,-truvti4,n ��f la, ilities c',';nstru,�ted hereunder to deposit
said fee with (,ity; �aid wijl further priavide that in the event
that it becomes neceitsary to in:,t5tute legal proitc-edings, either by the City
or by Builder or 0r: have pr.viou-Tv t.%.ntibutcd io thc ccn!of
such f&Alitijes' to t:nfor,-' the rf-hts ol, thee parties thereunder, z1hat thy'
prevailZng patty hall be entitled to reas,uaable attorn,!y fees; provided,
that the City sball m.it bc' r(,quarcd tij pay the attf rn,--y fees fQi any
of the parti�:s,
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WA I
It is tir '-rs tood that the -' i tv is not -,equi red to lnf, 1, 1 tute I ega I
fm.3ceedirtws to prolt.cl tbrtnlf�-rest kif the Boilder, but may do SP.
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V�17R �IAND�z AND '71FAL,� the day, m.or'.b and f-- a ea elow.
DATED this4,4� dav of 19
CITY OF HVNTTX0,T0N? 8EACV,
a municipal corporation
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City of Huntington. Beach
P.Osox 190 CALIFORNIA 926"--..,
ENGINEERING DEPARTMENT
June r, IS72
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Honorable Ma or P
aad'`.iry Council �
City of Huntington Beach
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Attention: David D. Rowland:
City Administrator
Subject: kpp-Laval of RLimburseme. Agreement
No. 72-W1 to A.E. Ruoff
Gentlemen:
A. i. Ruoff constructed an oif-site water zain for
17331 Eeacb Boul-,vard (Maeda Agency). The City ordinan;.e
allows for reimbursement to 90 of this cost as fees bocome
available.
It A-- re -,nested tnat this agreemene be appraved, the
Mayor and City Cleric be authorized to sign it, and that it
be r(tturaed to Chip, office for transmittal:.
'Very truly yours,,
James R. 6'beeler
y ` Director of Public Works
JRWi Tli': ae
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