HomeMy WebLinkAboutCURTIS DEVELOPMENT COMPANY - 1978-03-20 (11)N
R.EIMFURSEMENT AGREEMENT 77•-S2
SEWER. MAIN CONSTRUCTION
THIS AGREEMENT entered into by and bet.wer ii the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter for con-
venience referred to as "CITY", and CURTIS DEVELOP1,1ENT CO.,
hereinafter for convenience referred to as "BUILDER",
WHEREAS, BUILDER, puxsuant to agreement with City, has, at
h-,.s own cost and expenze, constructed 2226 lineal feet of 8" V.C.P.
sewer main and '-gin (10) manholes in .Lynn and Green Streets, herein-
after referred to as FACILITIES, to serve BUIL'DER's development
known as Trat 9618 and adjacent properties, and said Facilitier-
have beeai 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 o: the construction of said Facilities, as provided by the
Muni oipal Code.
NOW THEREFORE, in consideration of the covenants z��.nd agreaments
herein contained, the parties hereto agree as follows:
BUILDER has constructed, at a total_ cost of $25,021.00, a sewer
main line and appurtenances to serve BUILDER'P development and
adjacent properties. Exhibit "A , attached .hereto and made a part
hereof, is a reap of the area served. BUIE-DER has dedicated said.
Facilities to CITY.
Tn, refund to be paid to BUILDER, out of available funds,
uhA sr this agreement is as follows:
V�
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Total -job cost of Facilities $25,021.00
Less Builder's portion 11,701.00
Gross Refundable 13,320.00
Less 10% per Huntington Beach 1,332.00
Municipal Code Section 14.44.090(c)
Net Refundable $11,988.00
No refund shall be made by City to BUILDER until the Director
of Public Works shall certify in writing to the Finance Director
that BUILDER is entitled to -9.r_-efund by reason of connection having
been made to Facilities in accordance with the Huntington Beach
municipal code; and that City has received the sewer service fees
from the area served.
Refunds shall be pal. -able for a period of fj:ve years only per -,i
the Cite of applicant's ,application for main ?J.ne extension.
Refunds shall be made from subsequent development at the rate
of Six Dollars and. nine Ly-five dents ($o . 95 a front foot ir. accordance
with Section 14.40.020 of. the Huntington Beach municipal code.
Refunds shall not exceed ninety percent cf offsite construction
cost...
Refunds shall bear no interest.
Refunds shall be payable only to the origin4.2 applicant or
applicants. Upon death of applicant, the right to refund shall
terminate.
City shall not be liable for payment of any refund by reason
of its failure to collect or receive from any person or entity the
sewer service fee. If s developer who develops propeaty se-ved by
the Facility constructed by Builder is required as -a condition of
development to construct additional facilities, City may allow said
K
developer credit -toward the sewer service fee consistent with this
said agreement and no fees shall be due Bui'Lder by reason of such
cons'L-ruc•tiun.
In the event_Git.1 does not require a. developer to deposit the
sewer service fees with the City prior to or concurrent with
development,, City may enter into an agreement with said developer
stating that said developer is obligated, not only to the City but
to BU1LD'ER and to develolars who have previously contributed to the
C,�:3t of construction of :facilities constructed hereunder, to deposit
said fec with City. The City shall not be required to pay attorney
fees or court costs for any breach of this agreement.
It is understood th- t it is not mandatory that the CITY institute
legal proceedings to protect the interest of the LUILDER.
(Rest of -this page riot used)
WITNESS OUR HANDS AND SEALS the day, month and year appearing
below.
DATED this s� day of !!22av,/,u , 19'79
CITY OF HUNTINGTON BEACH (CITY)
a ni paj> co ati,
,j
Mayor
'ATTEST:
1�
City Clerk
CURTIS D VELOPMENT CO.(BUILDER)
APPROVED AS TO CO TENT
Administrator
APPROVED BY INITIATING DEPARTMENT;
--y
Director o� Publ:ic Works
RO`JFLD AS ORM r
City' Attorne
�`._i 4-
RESOLD`.LION 140. 4781
.a RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTOIN BEACH AUTHORIZIJ3G PARTIAL PAY--
MENT ON REIMBURSEMENT AGREEMENT NO. 77-S2
WHEREAS, the City Council of the City of Huntington Beach
adopted a budget for fiscal year 1979.1980 by Resolution No.
11772; and
Section 5 of said Resolution No. 4772 specifies the pro-
cedure for authorizing expenditur,_ from special funds; and,
The City Administrator and Director 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-S2 in the sutra of $1.,569.00 from the Sewer
Fund is hereby authorized to be made to Robert F. Curt, elop-
ment Company for construction of a sewer main.
PASSED AND ADOPTED by the City Council of the City c
Huntington Reach at a regular meeting thereof held on t:.'
day of August _b 19i9.
ATTEST:
, -Ye—
City Clerk L1
REVIEWED AND APPROVED:
0-01
ClAy
A,'ministra.tor.
Mayor
APPROVED AS TO FORM:
Lesl- City Attorney
IN,I/��ED DjPROVED:
of b is 14ork
®
No. 4.7 S 1
S'CArE OF CALIFORNIA
COUNTY GF ORANGE
1 SS:
I
CITY OF H'UMINGTON BEECH
)
I, ALICIA
M. WENTWORTH, the duly elected, qualified City
Cli'rk of the City of
Huntington Beach, and �X-nfficio Clerk of the
City Qounc'.�1 of said
City, eo hereby certify that the whole number of
`
members of €:'he CAP.:-
` — 1.1 of the City of Huntington Beach is seven;
Phat the forego'
cicn was passed and adopted by the affirmative
vote of more thai:
lority of all the members of said City Council
a, a regular _
meeting thereof held on the 6th day
of August ,
1979 by the following vote:
AYES: Councilmen:
Pattinson,
Thomas, Mandic, MacAllister, Dailey, Yoder, Finley
NOES: Councilmen:
ABSENT: Councilmen:
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
REQUEST FOR CITE' COUNOL AMON
Submitted by Michael Zambory ADepartment Public Works
Date Prepared July 11 f , 1:;79 Backup Material Attached [,_J Yes � No
Subject Reimbursement Payment for R.A. 1#77-W4 and 77-S2, Curtis Dev. Co.
City Administrator's Comments
Approve as reco�r�mended
v ZlIS16)
q 7
Statement of Issue, Recommendation, Analysis, Funding Source, Alternate^r tions:
Statement of Issue:
The Robert F. Curtis Development Company has monies due it under Reimburse-
ment Agreements 77-W4 and 77-52,
Recommended Actions �
Adopt a resolution authorizing Curtis Development payments of $784.50 and.
$1,569.00 on Reimbursement Agreements 77-W4 and 77-52 respectively for
water and sewer main construction..
.Analvsis:
in 197F Curt-s Development financed the installation of water and sewer
mains on Lynn and Green Streets. The agreement with Curtis Development
calls for reimbursement by the City to Curtis Development from fees collected
in the service area. C
Fees equal to the amounts recommended above have been received .from the .,area
served by the sub?ect facilities and should be refunded from.the water and
sewer funds.
Funding Source;
The payment of $784. 0 for 77-W4 is to be made from the Water Fund; that
of $1, 569 ..00 for 77--52 from the sewer Fund,
MZ:JS:jy
.�-C
:110 3/79
City
of Huntington Beach
P.0, Box
190 CALIFORNIA 926
OFFICE OF T14F CITY `;L,ERK
March 21, 1978
A
Curtis ui,velopment Company
4952 Warner Avenue #301
Huntington Beach, California 92649
Gentlemen:
The City Co?nci1 of the City of Huntington Beach at its regular meeting
held Monday, March 20, 1978 appre ved Re xbursement Agreements Nos. 77-
W4 and 77-S2 with your firm relative to offsite wateL and sewer facilities
built in Lynn and Green Streets.
Enclosed are duly executed copies of said agreements for your rer%ardp,
Sincerely,
Alicia M. Wentworth
City Cleric
V%7zCB: bt
Enclosure
City of Huntington eAPAU',� NATOE, Br -
ENGINEERING DEPARTMENT
TO: Honorable Mayor and City Council
ATTN: Floyd G. Belsito, City Administr
FROM; H. E. Hartge, Director of Public orkgi
DATE: March 7, 1978.
t
SUBJECT: leimbursement Agreement 7 7-S 2
STATEMENT OF PROBLEM
Curtis Development Co. has made application for reimbursement
for oftsite sewer facilities built in Lynn and Green Streets at
their e-:.?ense. The costs of installing the o`site improvements
are eligible for reimbursement in accordance with the Municipal
Code.
RECOMMENDED ACTION
Approve the Reimbursement Agreement 77-S2 with Curtis Development Co.
and authorize the Mayor and City Clerk to execute same.
:ANALYSIS
Curtis Development Co. installed sewer main lines and appurtenance
to serve their development and adjacent properties for a total cost
of $25,021.00. They made these improvements in conjunction with
tract 9618. Part of the cost of the sewer facilities is attribut-
able to the benefit of property outside this subd.ivisio' ; and
should be charged to the prope::ty benefited in accordance with
Municipal. Code Section 14.44.090 The amount that Curtis is entitled
to have: reimbursed is calculated: as follows:
Total Joke Cost Facilities $ 5,021.00
Less Builder's portion 11,701.00
13,3.20.00
Less 10% per H.B.M.C.
Section 14.44 090 (C) 1332.00
$11,9m oo
Payment of the above: amount will be made from fee Charged to
builders who develop property within the service area.
Funding Source
No expenditure of funds is required by the recommencled action..
M.,