HomeMy WebLinkAboutCURTIS DEVELOPMENT COMPANY - 1978-03-20 (10)REIMBURSEMENT AGREEMENT 77-W4
WATER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the City of
Huntington Deach, a municipal corporation, hereinafter referred
to as CITY, and Curtis Development Co,, hereinafter referred to
as BUILDER,
WHEREAS, BUILDER, pursuant to agreement with CITY, has at its
own cost and expense, constructed 1842 linea.1 feet of 8 inch A.C.P.
water main, 2 blowoff assemblies, 2 fire hydrants, 2-8" gate valves,
and 1-6" gate valve, in Lynn and Green Streets hereina•-'ter referred
to as FACILITIES, to serve BUILDER's development known as Tract 961.8
and adjacent properties and said FACILITIES have been constructed: in-
conformity with the plans and specification 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 constructionof said
water line, as Provided by the CITY's 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 $19,107 00, a water
mai.i Line and appurtenances to serve BUILDER.'s development and
adjacent properties, Exhibit "A", attached hereto and made- a part
hereof, is a map of the area served. BUILDER has dedicated said
FACILITIES to CITY
The refund to be naid to BUILDER, out of available finds, under
this agreement is as follows:
C ry
11
Total job cost of Facilities
Less BUILDER'S portion
Gross refundable
$19,107.00
11,183.00
7,914.00
Less 10% per Huntington Beach 791.00
Municipal Code Section 14.20.060
Net refundalle $ 7,123.00
No refund shall be made by CITY to BUILDER until the Director
of Pu'lic Works shall certify in wri�ing to the Finance Director
that BUILDER is entitled to a refund by reason of conn.ectiGn having
been made to FACILITIES in accordance with the Huntington Beach.
Municipal Code, and the CITY has received the water service fees
from the area served.
Refunds shall be payable for a period of five years only from
the date of applicant's application for main lire extension.
Refunds shall be made rrom subsequent development at the rate
of Five Dollars and Forty cents ($5.40) a front 'foot in accordance
with Section 14.12.010 of the Huntington Beach Municipal Code.
Refunds shall not exceed ninety percent of off. -site construction
costs.
Refunds shall bear no interest.
Refunds shall be payable only to the original applicant or
applicants.
Upon death of applicant, the right to refund shall term hate.
CITY' shall not be liable for payment .refund by reason of its
failure to collect or receive from any person or entity the water
service fee. If, a developer who develops property served by the
FACILITv is required by CITY as a condition of development to
construct additional facilities, BUILDER agrees that CITY may allow
said developer credit toward the water service fee, and no reimburse-
ment fees shall be due BUILDER by reason of such construction.
In the event CITY does not require a developer to deposit the
water service fees with the CITY prior to or concurr—t with develop-
ment, CITY may enter into an agreement with said dev )per stating
that said developer is obligated, not only to the CITY, but BUILDER
and to developers who have previously contributed to the cost of
M^�^� :_uction of FACILITIES constructed hereunder, to deposit said
th CITY. The CITY shall not be required to pay attorney fees
costs for any breach of this agreement.
In the event this agreement conflicts with or contradicts any
CITY ordinances, the ordinance provisions shall prevail over the
terms of this agreement.
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WITNESS OUR HANDS AND SEALS the day, month and year appearing
below.
DATED this �� day of 19_79
CITY OF HUNTINGTON BEACH (CITY)
a pal cor o n
a
Mayor
ATTEST:
City Clerk i
CURTIS DEVELOPMENT CO. (BUILDER)
,•Y By �JJ
4WjZ;y2Adminj.EjDAND APPRQVED
J
I
trator
INITIATED AND APPROVED AS TO CONTENT:
Di ector of"PubliX works
APPROVED AS TO
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I:ESOLUTION NO, 4780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HU.NTINGTON BEACH AUTHORIZING PARTIAL PAYMENT TO
ROBERT F. CURI'IS DEVELOPMENT COYIPANY ON REIMBURSE-
MENT AGREEMENT NO. 77-W4
WHEREAS, the City Council of the City of Huntington Beach
adopted a budget for fiscal ,year 1979-1980 by Resolution No.
4772; and
Section 5 of said Resolution No. 4772 specifies the pro-
cedure for authorizing expenditures from special funds; and.
The City Administratrr and Dire3tor of Finance have rec-
ommended an expenditure, and the City Council hereby approves
said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the City Council of: the
City of Huntington Beach that partial payment on Reimbursement
Agreement No, 77-W4 in the sum of $784.50 from the City Water
Fund is bereby authorized to be :Wade to Robert F. Curtis
Development Company for construction of a wate5 main.
PASSED AND ,ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
ay of August � 1979.
ATTEST:
m s
City Clerk
REV''ZWED AND APPROVED:
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Cat y administrator
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7/1/7
Mayor
APPROVED AS TO FORM:
ip - City Attorney
INIT;-ATED, AN�APPROVED:
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RIS No.. 4,80
s'rA!rE OF CALIFORNIA )
COUNTY OF ORANGE ) se
CITY OF HUNTINGTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Reach, and ex-officio Clerk of, the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular e___ meeting thereof :geld on the _ 6th day
of August 19 79 by the following :tote:
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
f
ABSENT: Councilmen:
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
•
REQUEST FOR CITY CCXJNCIL ACTION
Submitted by Michael ZamboryP192.
�� D��rtrve�t Public Works
Date Prepar9d July 11 9 Backup Material Attached Q �Y(M [ No
Subject Reimbursement Patent for R.A. 77-W4 and 77--S2� Cnrt:.is Dev. Co.
City Adminittretor's Comments
Approve as recommended & �%?d
Statement of Ise, Rmmmendation, Analysis, Funding Source, Alternative Actions:
Statement of issue:
The Robert F Curtis Development Company has monies due it: under Reimburse-
ment Agreements 77-W4 and 77-S2.
Recommended Action:
Adopt a resolution authorizing Curtis Devel .ment payments of $784.50 and
$1,569.00 on Reimbursement Agreemesits 7/7-4W4 and 77-52 respectively for
water and sewer main. construction.
Analysis:
in 1978 Curtis Development financed the installation of water and sewer
mains on ?Lynn and Green Streets. The agreement with Curtis Development
calls for reimbursement by tiva• Cityto Curtis Development from fees collected
in the service area.
Fees equal to the amounts recommended above have been ieceived from the area
served by the subject facilities and should be refunded from the water and
sewer funds.
Funding sou,rcu:
The payment of $784.50 for 77-W4 �s to be made from the Water Fund; that
(-f $1, 569.00 for 77-92 from the Sewer Fund.
MZJS:jy
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City of nunting--rton Beach
OFFICE OF THE CITY CLERK
March 21, 1978
Curtis Development Company
4952 Warner Avenue #301
Huntington Beach, California 92649
Gentlemen:.
The City Council of the City of Huntington Beach at its regular meeting
held Monday, March, 20, 1978 approved Reimbursement- Agreements 'N-os. 77-
W4 and 77-S2 with your firm relative to offsite water and sewer facilities
built in .Lynn and Green Streets
Enclosed are duly executed copies of said agreements for your records.
Sincerely,
Alicia H. Wentworth
City Clerk
M :C8 bt
Enclosures
0 E DO
AR i978
City of Huntington , U1TMGTON BEaC[I
P.O. BOX 4S® CALIFORNIA7 i Tt UIVE OFF E:
ENGINEERING DEPAR.'TMEN I
TO: Honorable Mayor and City Council
ATTN: Floyd G. Belsito, City Administrato
FROM: H. E. Hartge, Director of Public Wo
DATE: March 7, 1978
SUBJECT: Reimbursement Agreement 77--W4
STATEMENT OF PROBLEM
s NED B�' CITY COUNCIL
w_ -- 1 9&.
Curtis Development Co. has made application for reimbursement
for offsite water facilities built in Lynn and Green Streets at
their expense. The costs of installing the offsite improvements
are eligible for reimbursement in accordance with the Municipal
Cole.
RECOMMENDED ACTION
Approve Reimbursement Agreement 77-W4 with Curtis Development Co.
and authorize the Mayor and City Clerk to execr-te same.
ANALYSIS
Curtis Development Co. installed water main lines and appurtenance
to serve their development and adjacent properties for a total cost
of $19,107.00. They mare these improvements in conjuction with
tract 9618. Part of the cost of the water facilities is attribut-
ab.Le to the benefit of property outside this subdivision and
should be charged to the property benefited in accordance with
Municipal Code Section 14.20.060. The amount that Curtis is entitled
to have reimbursed is calculated as follows:
Total Job Cost of Facilities $19,107.00
Less Builder's portion 11,183.00
7g14 nn
Less 10% per H.B.M.C.
Section 14.44.090 (C) 791.00
$7123.00
Payment of the above amount wil', be made from fee charged to
builders who developproperty within the service area'.
Funding Source
No expenditure of funds is required by the recom:nended action.
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