HomeMy WebLinkAboutCURTIS DEVELOPMENT COMPANY - 1978-03-20 (12)ra ;
REI:MBUIRSE1,1ENT AGREEMENT 77-W4
6.
WATER b1AIN CONSTRUCTION
THIS AGREEMENT in).ered into bl and between the City of.
�A
Huntington Beech, a municipal corporation, hereinafter referred
E
to as CITY. and Curtis Development Co., hereinafter referred to
n u �'
as BUILDER,
x>
WdEt`.EAS, BUILDER, pursuant to agreement with CITY, has at its
own cost and expense, constructed 1842 lineal feet of 8 inch A.C.P.
water main, ' blowoff assemblies, 2 fire hydrants, 2--8" gate= valves
r
A
and 1-61' gate valve, in Lynn and Green Streets hereinafter referred
_I
to as FACILITIES, to serve BU'ILDER's development known as Tract 9618
and adjacent properties and said FACILITIES have been constructed in
con owmity with the plans and specification approved by the Director
of Public Works of CITY and have beet, dedicated to CITY, and CITY
desires to reimburse BUILDER for the cost of the construction of said
water line, as provided by the CITY's municipal rode,
NOW ` HEPX-rOR:E, in consideration of the covenants and agreements
herein co,ttained., the 1_a�� ties hereto agree as follows:
BUILDER has ct,nstructeA, at a tata.l coot of $19,? 07.00, a wafer
main line and appurtenances to serve BUILDER'- development and
adjacent properties. Exhibit "A", attached hereto and made a part
hereof, is a.map of the area served. BUILDER has abdicated said
eACILITIES to CITY
The ,refund to be paid to DUILULR; o"t of available funds, under
this agreement. as as follows:
Total, jo&, cpst of Fac lit' es $1.9 107.00
' 'r
Less BUIbDE�''s portion llo183.00
Bross refundable 7,914.00
Less 10% per Hulot _ gton Bach 791.00
.
Municipal Cade Section 14.20.060
Net refundable $ 7,123,00
r No refund shall be raade by CITY to BUILDER until the Director
of Public Works sh. I;l ce- % fy in writing to the Finance DI rector
s u'
that BUILDER is entitled to a refund by reason of connection having
been made tG FACILITIES in accordance wY th the Huntington Beach
Municipal Code., and the CITY has ;received the water service fens
from Lne- area served,,
Refunds shall be payable for a period of .five: years only from
the date of applicant's application for main line. extension.
Refunds, shall be made from subsequent developraept at 1�he rate
of Five Dollars and; Forty cents ($5.40) a front feet in accordance.
with Section 14.12.010 of the Huntington Beach Municipal Code.
Refunds shall not exceed ninety percent of off -site canstructio-q
oasts.
Refunds shall: bear Po interest..
Refunds shall be payable only to the origizial applicant or
c
applicants.
*Tpm death of ;ippli-.carat, tbt right, to refund shall terminate.
L T shall not be liable abl e for payrci6at refut a by reason of its
failure to collect or receive irm any person or entity the wnfn:
service :fee. if a developer who develops property served by the
j-'%cjfiTX is r4ego fed by cTTY as a condition of development. to
cotsttuct adOtional faci.l.i.ti.es,. BUILDER agrees that CITY may allow
said developer cr.l.dit toward the water• service fee, and no reir(bur se^
ment fees shall be clue BUILDER by reason of such. construction.
h
In the event CITY does not require a developer to deposit the
w
water service fees with the CITY prior to or concurrent with develop-
ment, CITY may inter into a:) agreement with said developer stating
that said developer is obligated, not only to the CITY, but BUILDER
=`
and to devel-pers who have previously contributed to the cost of
construction of F2AC1L-__ },ES constructed 'iereund(:.r, to deposit said
z
fee wiin CITY. The CITY shall not be required to pay attorney fees
or fiourt nests for any breaclof this agreement.
In the event this agreement ccnflicts with or contradicts any
CITY ordinances, the ordinance pros sions shall pre'trz-il over tl,ee
j
te,-ms of this ,agreement,
(Rest of this: page not used)
{
r
WITNESS OUR HANDS AND SEALS the day, month, and year appearing
below.
k
DATED this day Of 1.9
t
CITE' OF HUNTINGTON BEACH (CITY) �.
a ipal ro n y,
Mayor ,
ATTEST
City Clerk
CURTIS DEVELOPMENT CO, (BUILDER)
PEV D 3Nl7
l
�'h y AdiniM�stxat�or
INITIMEi RNLI APP&f.OVEu AS TO CrONTENT -z
Mr
y+A
Al 66tor c"f, ;Pwbl Works
APPROVEP AS TO FORM:
(Hty 9t-corne 1
;� i-$.
�:
:�. .
RESOLUTION 53 . 4780
A RV.-:,OLVTIOF OP THE CITY COUNCIL OF THE CITY OF
H NTINGTON BEACH A:UTHORIZINO PARTIAL PAY+3ENT TO
ROBERT F. Ci TPIS DEVELOPMENT COMPANY ON REIMBURSE-
MENT AGREEMENT NO. 77-Vi 4
WHEREAS, the City Council of the City of Huntington Beavh
adopted s budget for fiscal year 1979-1980 by Resolution No,.
4772,. and
Section 5 of said Resolution h. 4772 specifies the pro-
cedure ror authorizing expenditures from special finds and
Phe City Administrator and Director of Finance ha �<au_
orment ed an expenditure, and the City Council hereby approvt,zj
said recommendation,
NOVI, THEREFORE, BE IT RESOLVED by the City council of tht,
City of Huntington Beaeb that partial payment or, Reimbursemen"
Agreement o. 77-W 4 in the sum of $764.50 fron the City Water
Fund is hereby authorized to be Wade to Robert Fh Curtis
Development Company for construction of ai water main,
PASSED AND ADOPTED by this City Council of the city of
9-uritington Beach at aregular meeting thereof meld on t e
day or August 1 7»
Mar —
Mayor
4TTEvp. AP3'ROV ,D AS TO FaP.M.VA
,
M.
City Cie]* � �� City Attorney
MVIVED, ARD APPROVED' 1*41 `ED AN PPAWED
t
�VA�in3str'atbx r,ctC?x" t}f` u 3d'ri:
1
'I
a
K `•, No. 4780
8
_
� 1
S' ATE OF CALIFORNIA
k
COUNTY OF ORMIGE } ��
CITY OF HUNT INGTON BEACH
T, ALICIA M. WEYMORTH, the duty elected, qualified City
'Berxh,
Clerk of toe Cit;r or Huntington and ex-officio Clerk of the
4�
City Council of said City, eN tynr:hy certify that the who)e number of
members of the. City Ga'- wity of Huntington Beech is seven;
��
that the foregoing; r. ,.is passed and adopted by the affirmative
vote of more than a majoriLy Of al' the members of said City Council
at a re lar meeting thereof held on the bth
of August , 19 79 , by the following vote:
AYES. councilmen:
Pattinson., 'Thozas, Mandic, MacAllister, Bailey, Yoder, Finley
'NOES; cvunci Tmcn
ABSENT Courc i lessen
� s
City Clerk and ex-officl,b Clerk
of the Oi"y Council of the City
6f Hurttt.11ton Beasts, California
aS ,
u
EST FOR CITYCOUNCILA(.',*TION
„
Submitted b*! �4...,._� ci�el Z� ki-92,
�ep artmalt i�rab�„ic Ftcsrks
DattePreparred July 11 <,9 Backup Material Attwhod M YU [ d
subject ReimburenH Pa)Sentr for, R.A. 7; -W4 anti 77--S2, Purti& Dev. Co.
City Adminhtrator"s Coa nvntx F
Y '
Apprnb e as recommendedd ,
Ripx
y; Steepen$ of lace, Hix*mm&) fttlon, A naily th, Fundinq Source, Alternative A01ons:
Y y
•r
Statement of Issue: y�
The Robert F. Curtis Development: Company has manies due i under Reimbur,se;•-
ment. Agree tens 77-W4 and 77-S2.
Recommended Action.4
Aaopt �a rasoliat.ion authorizing Curtis Development paymontrs of $784..50 and
$1.,554.00 on Reimbursement Agreements 77-W4 and 77-S2 respectively for
water and sewer main construction,
in 1978 Curtis Development f4nanKed the ingt llatiot� of water and --ewer
main$ on Y ynn an4 Green St',reet$. The agreement with Curtis DevelopmeAt
calls for rei,mburoementr by the City to Curtis .tievelopment tcom fees coltected
in t17� ser'viefs, 4rtP'i3
Fees equal to tyhe amounts recormuended above have been received from the area
aerved by the subject facilities and should be roxunded from the water and
sewer funds.
funding Source;
The p; yntent of M4.50 for 77-W4 is to be made from the Water Fund; that
of 1 31., 5659.00 for, 77ws2 fro than Steer F`und.
Az Jy
4,1
DO
City of Huntingtone*,whu 441, Gyo, OFFTE
P.01 Box ISO CALWORKIA
ENGIN;SERING DEPAARTMIEN2 >:
C
TO Honorable Mayor and City Council
ATTN. Floyd G. Eelsito, City Adminis`':rator~
FROM.-H. E. Hartge, Director of Public Wor s WW �� �rT� COUNCIL
DATE March 7, 1978
SUBJECT: Reimbursement ; greement 77-;W4 ._.��.
STATEMENT OF PROBLEM
Curtis Developzaant Co. tas made application for reinthi reement
for offsite water facil,<' ies built in Lynn and Green Streets at
their expense. The casts of installing the offsite improvements
are eligible fc' r reimbursement in accordance with. thte MuAicipal
Code.
RECO1*WMDED ACTIOrT
Approve Reimbursement Agreement 77-W4 with Curtis Development Co.
and authorize the Mayor and City Clerk to execute same.
ANALYSIS
Curtis Development Co. installed water main line:> and appurtenance
to serve their development and adjacent properties for a total cost
of $1.9,1.07 00. They ;made these ,improvements in coajuction with
tract. 061.8, Part of the cast of the water facilities is attr but~
a.bla to the ,, mefit of property outside thir, subdivision ,and
should be charged to the, property benefited in accordance with
Muni.ci.pa.l. Cole Section 14.20, 060. The amount that Curtis is entitled
to have reimbursed is calculated as follows
Total lob Chet of Paciliti es
Less Builder's portion
Less 16% per 'U*D.M.C.
Section 14.44,090 (C) 751.00
$7123.00
Patent of the a.bovc amatiat will be made from fe, charged to
buil,ilars who develop property within the service area.
Ftuld4zy SO4rce
go expenditure of funds is ragvired by the recommended action..