HomeMy WebLinkAboutCURTIS DEVELOPMENT COMPANY - 1978-03-20r
REDIBURSE'I+ENT AGREEMENT 77-S2
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SEWER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the CITY OF
HU14TINGTON BEACH, a municipal corLioration, hereinafter for con-
venience referred to as "CITY", and Cr-RTIS DEVELOPMENT CO.,
hereinafter for convenience referrod to as "BUILDER".
'tMEREAS, BUILDER, pirsuant to agreemert with " %*y, has, at
his own cost and expense, construrtra 2226 lineal feet of 8" V.C.P.
sewer retain and ten (10) manholas in Lynn and Green Streets, herein-
4ter referre_1 to as FACILITIES, to serve BUILDER's development
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knovin as Tract 9618 and adjacent properties, 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 the
cost of the construction of said Pacil: ties, as provided by tha
Municipal Code.
NOW THEIRF�PORE, in consideration of the, covenants and agreements
herein contained, the parties hk3ce to agree as follows:.
13U'XLDER has: constructed, at a total cost of $25,a2l.00, a sewer
main line and appurtenances to serve BUILDER"s ctovelopme,nt and
adjacent properties. Exh_.bit "A", atti.,ched hereto and made a part
hereof, is a map of the. area Nerved. BUILDER has dedicated said
Facilities to t'-TY.
The rv?fund to be paid to BUILPE 2, out of a ai)able funds,
un4or thi,g agreerAent is ae follows'
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Total. job cost of Facilities $25,021.00
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Less B1, lder's portion 11, 701. 00
Gross Refundable 13,1?0.00
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Less 10% per Huntington Beach 1,332.00
Municipal Code Section 14.44.090 (c')
Net Refundable $11,988.00
No refund shall be made by City to BUILDER until the Director
of Public Works shall certify in writing to the Finance Director
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that BUILDER is entitled to a refund by reason -::f connection hav'iny
been made to Facilities in accordance with the Huiitington .Beach
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municipal code,, and that City has received the sewer service fees
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from the area served.
Refunds shall be payable .for a period of five years only .From
the date of applicant's, application for main Line extension.
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Refunds shall be made from subsequent develo*.,;,.e t at the rate
of Six: Dollars and ninoty-five cents ($6.95) a front foot in accordance
with Section 14.40,020 cif the Huattington Beach municipal code.
Refunds shall not exceed ninety percer.t of offsite construction
costs."
Refunds shall bear no interest:;.
14'efunds shall be payable anly to the orig•i:ml applicant: or
applicants. Up<jn, death of applicant, the right to refun.d shall
tenu na'te
City shell not be liable for payment of any ref 7,`d by reason.
ref its failure to ,collect; or receive froth any parson or entity the
sewer service .fee If a, ,developer who develops property served by
the ractilty+ oonstruoted by Builder is required its a eondLtIon of
LleVe.lopmgent to coostruct~ additiona.l. facilities,i City may allow said
developer crelit toward the sewer service fee consistent with this
said agreement and no Fees shall be due Builder by reason of such
construction,
In t: he event City does not require a, developer to deposit the
£�
sewer service: fees with the City prior to or Concurrent with
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development City may enter into an agreement with said developer
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stating that said developer is W-.�atod, not only to the City but
to BUILDER and to developers who hava previously contributed to the
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cost of otsnstruet. on of facilities constvucted hereunder, to deposit
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said with City. The City shall not be z,�agui.red to pay attorney
fees or court costs for any breach of this ,.greament.
It $,s understood that it is not mandatory tbzt the CITY institute
legal proceedings to protect the interest of the BUILMR.
(Rest of this page not Psed)
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WITNESS OUR HANDS AND S3ALS the day, month and x.'ar appearing '
below.
DATED phi a at S day�i1�)a
CITY OF KUNTINGTON BEACH (CITY) � t?
a 1pal " 0 tl�
r t�layor' 1
ATTES T : �
City Clerk
CURTIS VELQPMENT CQ. (:BUx7uER)
APPROVED AS TO Cb ,TENT
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APPROVED BY INITIATING M-kRTMENT
RCitTP AS a i; ,
P-
4781
Y n y
Ox�Ft*2 4i`t7irTl�dGTON BEACH A..:r Ji�l� i�� x PARTIAL PAY-
MENT ON REIMBURSEMENT 0., 77-S2
WHEREAS, the pity Council of the City of Huntin ton Beach
adoptad a budget for fiscal. year 1979160 by Resolution No. �
4772 and
Section 5 or said Re olutj,>)r, 4'172 specifies the Pro. ,.
j L' edure for aut'skarizing expenditurez :s" T!d spe.;ial fund:; and
The City Adm.ini6trator and Di ew ter ':F: FiTlanco have, ram."^ et
oiid'tende"d an expenditure, and the 'J"Ity herety a,ppmvov,
said xeeommendation,
11OW, THEREFORE, BE 1T RESOLVED, by the ;amity Council of the
City of Huntington Beaeb that partial payment on Reimbursement
Agreement No. 77- 2 in the zam of $!, 6. .00 rrr)r,. the ,ewer
Fund is hereby authorize-6 to be maJe tt Ii,.'hert F. U,,Ar° js De—v aiep-
l6ment Company for of a :i,, bw r zain,
PARSED ANA'&*?TBD by City 14
O unf., U . f t1le vi.tlr or
Hantin t.un Bev.,h at a rej ular mf, ting thex ecr, held on the 6th
r+r..a+.awk
day of 1979.
Vor
,AFi'ROVIY D AS `iJ FCRM:
a w»
pia. er�� AVKty- A
MIC
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P^s. No. 4781
iVrNrE OF CALIFORNIA
C{7WY OF ORANGE } e:
.•
CITY OF H> WZWT N SEACTt
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I, ALICIA M. WAN WORTH, the dale* elected, qualified City
Clerk of the City of Huntington Reach, and ex-offloio Clerk of the
City Council of said City,, do hereby certify that the vhoie twnber of
mernber�i of the City Council of the City of Huntington. bench is eeven
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that the foregoing reaolution was pureed and adopted by the affirmative
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vote of more than a majority of all the n* ber5 of said City CaoUnc ,?.
At A regular meetiog thereof hold or, the 6 h day
�>
of must .« ,. , , 19L5 «",,, by the foll.orl;ng vote:
AYES, +Cou4c i tmen.
Pattinson, ThOM- S, Mandic, MacAllister, Dailey, Yoder. l°into
140V--'� Countllme-n:
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hx}Sgt�T : Counci,lmew.
��yy .sef
City Clerk and e%-offttio Clerk
of the City Cpun�il of the City
of llunttngton beaell, California
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REQUEST" FOR C41TY COUNCIL. A:MON
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Submitted by MichaelZambory !�$pst :lt$i it public `larks
Date Pr—epared July 11. � 197 9 Oackup Material Attacriei Q Yn 0 No
Subject _ Reimbursement payaient. 'for R.A. 477-TW4 and 77-S2,, Curtis Dev. Co.
City Admi 1i$trat11' s . :
V'..IN' 1W�5a'rF�+Kowr.�rWwlw�nM+��w1,/Y�Y�.rYawr+tiwH:W+Mt r�4nsw�+�w
Approve as recorsamende� r
Staten^+ant of Imo, Recommendation, Anmysis, Fk4nding Source-, Alternative Actions:
statement of issue
The 'Robert PCs tis Development Company has monies due it under ReImbuxse—
ment Agreements 77�W4 and 77•-$2..
1�econvoended Action -
Adopt a resolution authorizing Curtis Development pa, m)ents of $794,50 and
$1tS69.00 can Reimbursement Agreements 77-W4 and 77-S2 ;respect,i,v� for
water atmd surer main construction.
:anal
In 157E Cort 4 beve opmor=t f.,ranaed the instal.l�,tl;orz of water and scnsrer
mai s on Lynn and Green Streets. Vze agre:pm nt with Cut-U,) Development
calls for tTMeirabursement by the City to Curtis Development fram fees collected
it the service area.
Fetes equal to the amounts recommended above have been received from t to area
sourer' by tha subject facilities :es and should be r afunded from the water and
sewer funds
fan 5�,�t
The p4yoeAt of $704 50 for 77-w4 is to :be zade from the Water rundt that
Of �i t $ ' 00 ;for 77--S2 fxoza the Sewer 04nd
14% :
I�ia�lrt.rmn.w _
City of Huntington
P.O. aax tau 'TMIX OFFICE
CAL)FORN1 IN 0
ENGINE ING DRpAltIMENT
TO: Honorable Mayor and City Council !�-
ATIM. Floyd G. Bel,si.to, City Admi.nistx
PROM: H. B. Rartger Director of Public �'�:��•".�:��= a�. , �.
DATE.- ; Lerch 7, 1978
SUaaZC'T. Reimburzem:ent. agreement 7 5--S2
Curtis Development Co. has made application for reimbursement
y for offs1te sewer facilities bihil.t in Lynn and. Green Streets at
their expense. The costs of installing the offsite improvements
are eligible for reimbursement in accordance with the .Muni oi;pal
Code.
RECOMriiMED ACTION
Approve t ,,e Res.mbursement Agreement 77--52 with Curtis Development Co.
and authorize the mayor and City Clerk to execute same.
ANALYSIS
Ct= ti.s Development Co. installed sewer main lines and appurtenance
to serve their development and adjacent properties for a total cost
of $25r021.00. They make these improvements in con3unction with
tract 961:8.. part of the cast of the sewer facilities is attribut—
able to the benefit of property outside this subdivision and
should be charged to the property benefited in accordance with
Iftni,ci,pal, Code Section 14 . d4 , 090. The: amount that- Curtis is entitled
to have reimbursed is calculated as follows
Total a0b Cost raci.l,i.ti et $25, vzl . b0
i,ess Suildo'r's portion 11,701.00
1.3r3, .00
Loss 10% per H.D.�4.C,
Sectirou 1 44 { 090 �C} 1332.00
paylaetit ;of the above amount will be made from fee charged to
b0lders who develop property within the service area.
F"dibq source
go e, 0-enditu�te of Funds- is rog4i red by the recommended action.
I�If�x'