HomeMy WebLinkAboutCharles Hermansen - 1976-03-22REIMBURSEMENT AGREEMENT 75-W
OFFSITE WATER MAIN EXTENSION
THIS AGREEMENT entered into by and between tiAe CITY OF HUNTINCTON
BEQ�t;;r,, a municipal corporation, hereinafter for convenience re.fesreu
to as "City", and Charle!s '-T—Ie :man,, en, hereinafter sod' convenience
referred: to as "Builder"
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WHEREAS, Builder, pursuant to agreement with City has, at his
orn cos'- and expense, constructed ¢73 l::zeal feet of 8" A..C. wate=-
main and 8" tee,rrerexnafter referred to as facilities, and said
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faciliti-. , have been constructer) .in conformity with the plans and
specifications approved by the Director of Public Works of City,
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and have keen dedicated to City • and City desires to reiT,,burse
�Rui.lder for a portion of the cost of the .onstruction of said facili-
ties as provided k-y the Muni:ci.pal, Code,
NOW, 6--.e FFCP..L, i, -ns deration o' the covenants and agreements
herein contained, the parties hereto agree as follows:
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Builder has constructed, at a total. cost of $1965.00 a water
main �-.nd appurtenances to serve no�;th side of Memphis Street from
L33' east of Delaware Street to centerline of England Street. (See
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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 be paid to Builder under this agreement is as .follows;
modal job cost of facilities $ 11965.GG
Less: 10% per Huntington Beach
Municipal. Code, Section
14.20.06C(C) $ 1-96.50
t3et Refundable 1,768.50
Refunds shall be payable for a period of five (5) ;ears only
from the date of applicant's application for main line extension.
Refunds shall bey°r no interest.
No refund shall be made by City to Builder until the Director o:
Public Works small cer. tiff in writ- ng to the Finance Airectcr that
Builderis entitled to a refund by reason of c;)nnecti.on having been
made to facilities in accordance with the Run`ington Beach Municipal.
Code, and that City has received the fee for :�7-zh connection.
Cite she:-7 not td J.,Able for payment of refund by reason of its
failure to collect or receive from any person or entity the conneceion
i. However, City agrees to use good faith to protect the interest
of developers- either indivi::qua s,s or entities, who have previt; a ly
con,itructeO' similar facil.�ties, by the- collecting fees, either prior
to or concurrent with the development, or any property sewed by the
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faoility construoted tamurar this agreement. If a developer Who developt:
proportyr :served by the faci.L- t±y constrl ctOd by Builder is required as
,a, c nd.ftioo of devel,c,pweot to, construct additional facilities, City
?day" allow ait;t deve-lopet �or:�dit towlard t;lia per acreage, fee consistent
with this said agreement; and 1.fs fees shall be due. Builder by reason
of such construc:tica; City further agrees to furnish 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 �he
connection fee with the City prior to or concurrent with development,
City will provide an agreement with sa d developer that said developer
is obligated, no,' vnl to the City, but to Builder, ana to developers
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who have previously contributed to the cost of construction of facil.i-
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ties constructed hereunder to deposit said fee with City; said agree-
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ment
ment will f'ur her Provide t)- it ir. the event that it becomes nece:3sary
to institute legal prc^FF•ui~crs, either by the City or by Builder on
developers, who have previously Pontribut.ed to the cost of such facili-
ties, to enforce the rights of the parties thereunder, that the City
shall riot be required to pay the attorney fees for any of the parties,
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It is under Wit, : -that it is not mandatory that the City institute
legal, proceedings to protect t:e in serest ,of the Builder.`(c
WITNE1Z, OUR BANDS AND SEALS the day, month and year appearing bel.ow�
DATED this ~ e day of
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CITE' aF NI U NTINGTON ,BEACH,
a :Municipal corporation
Mayan
Approved by yn.tiating Department
ATTEST:
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Director o rc Works
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Clay 'Clerk
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74
777
City of ntiio-n Beach
P.O. BOX 190 CALIFGRNIA 92649
ENGINEERING DEPARTMENT
March, 17, 1976
Honorable Mayor
and City Council
City of Huntington Beach
Attention David D. Rowlands
City Administrator
5i:bject: Reimbursement Agreement.
76-Wl
Charles Hermanseii
Dean Council Members:
Transmitted herewith is a reimbursement agreement
between
the City of 'Huntington Beach and Charles Hermansen for
an off -
sit;'; water main built in Memphis Avenue from 133' east
of
Delaware Street to England. Street at Hermansen's expense.
Fees
have been recezllied from subsequent deg, lopment in the
area to
refund the $798.5i? to Charles iiermansen,
1 rew+ommend that your Honorable Body execute thy:
agreemsAt,
r Very truly yours,
y
art e
Director of Public Works
1110 . p.sp