HomeMy WebLinkAboutCharles Hermansen - 1976-03-23d
REIMBURSEMENT AGREEMENT 76-Wl
OFFSITE WATER MAIN EXTENSION
THIS AGREEMENT entered into .by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter for convenience referred
to as "City", and Charles Hermansen, hereinafter for convenience
referred to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his
own cost and expense, constructed 173 lineal feet of 8" A.C. water
and 8" tee,,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 facili-
ties as provided by the Municipal Code,
NOW, THEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows:
Builder has constructed, at a total cost of $1965.00 a water
main and appurtenances to serve north side of Memphis Street from
133' east of Delaware Street to centerline of England Street. (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 be paid to Builder under this agreement is as follows:
Total job cost of facilities $ 1,965.00
Less: 10% per Huntington Beach
Municipal Code, Section
14.20.060-(C) $ 196.50
Net Refundable $ 1,7.63.50
Refunds shall be payable for a period of five (5) yearn only
from the date of applic.-,nt's application for main line extension.
Refunds shall bear no interest.
No refund shall be made by City to 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 fanilities in accordance with the Huntington Beach Municip�.l
Code, .and that City has received tl,e 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 o;onnection
fee. However, City agrees to use good faith 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
facility constructed under this agreement. If r le'veloper 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 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 �Zeveloper to deposit the
connection fee with the City prior to or concurrent with development,
City will provide an agreement kith said developer that said developer
is obligated, not only to the City, but to ]wilder, and to developers
who have previously_ contributed to the cost of construction of facili-
ties constructed hereunder to deposit said fee with City; said agree-
ment 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 cf such facili-
ties, to enforce the rights of the parties thereunder, that the City
shall not be required to pay the attorney fees for any of the parties.
It is understood that it is not mandatory that the City institute
legal proceedings to protect the interest of the Builder.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this!Z-2 A0/ clay of 19
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
Approved by initiating Department
ATTEST
f
�1r2� Director o . a a,c Works
by
City Clerk
Approved as to Content:
bar-�`-^�'"`-+p-'
City Administrator
A1'.. ROVEH-)AS TO FORM
by ,
,T Caty Attorney
U
C qrskrmansen (Builder)
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City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92649
ENGINEERING DEPARTMENT
March 17, 1976
It
Honorable Mayor
and City Council
City of Huntington Beach
Attention David D. Rowlands
City Administrator
Sub ect: Reimbursement Agreement 76-WI
Charles Hermansen
Dear Council Members;
Transmitted herewith is a reimbursement agreement between
the City of Huntington Beach and Charles Hermansen for an off -
site water main built in Memphis Avenue from 1331 east of
Delaware Street to England Street at Hermansen's expense. Fees
have been received: from subsequent development in the area to �
refund the $1798.50 to Charles Hermansen.
I recommend that your honorable Body execute the agreement.
Very truly yours,
k
E. artge j
Director of F,*1b? is Works
HEH:JWW:me
Encl. 3
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