HomeMy WebLinkAboutF. W. DEVELOPMENT, INC - 1980-06-16�'#ry'
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TAURUS INSURANCE AGENCY, INC
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HUNTINGTON BEACH, CA 92649
F . iq . DEVELOPMENT, INC.
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CITY OY HUNTINGTv,
PO. BOX 711 i
HUNTINGfiON BEAtall t CA � r� �� ° � . ti«,✓"
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7AURUS !N_4CE AGENCY
REIMBURSEMENT AGREEMENT'80-D2
STORM DRAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 27th day of
May, 1980, by and between the. CITY OF HUNTINGTON BEACT,,a municipal
corporation of the State of California, hereinafter referred to
as "CITY," and F. W. DEVELOPMENT, INC., a California Corporation,
hereinafter referred to as "BUILDER."
R E C I T A L S
WHEREAS, BUILDER, pursuant to its agreement with CITY, has,
at its own cost and expense, constructed 936 lineal feet of 42
inch storm drain. at Green Street, Heil Avenue and Waterway Circle,
hereinafter called "FACILITIES" to serve BUILDER's development
known as Tract 1065E and adjacent properties, and FACILITIES have
been constructed in conformance with the plans and specifications
approved by the Director of Public works of CITY; and
FACILITIES have been dedicated to CITY; and
t: CITY now desires to reimburse BUILDER for a portion of the
cost of the construction of FACILITIES as provided in Huntington
8ea;ch Municipal Code, .Section 14.48.070
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and ag_ee-
ments herein contained, the parties hereto agree as follows:
1.. COIvSTRUCTION.
BUILDER has constructed FACILITIES at a total cost of
$51.4,90z.,00, to serve Drainage District No.'12, Attached hereto as
an-d by this reference mado a part hereof', is a map
of th 'rain&-e- area se oed by FACILITIES.
2. DEDICATION.
BUILDER has dedicated FACILITIES'to CITY.
3. REFUND.
The maximum.refund to be paid to BUILDER under this agree-
ment is as follows:
Total job cost of FACILITIES . . . $ 58,901.00
Less ten percent (10%) per Code
Section 14.48.070(c). . . . . $ 5,890.10
Maximum.. refund . . . . $ 53,010.90
Refunds shall be payable for a period of five (5)_years
from the date of BUILDER's application and -shall -bear no interest,
Refunds shall not exceed ninety percent (90%) of off
site construction costs.
Funds have been expended for. Drainage District No. 12
in accordance with Government Code Sections 66483 and 66487 only.
Refunds are payable only from a positive balance available in said
district's fund.
4. CERTIFICATION, TO FINANCE n1RECTOR.
No refund shall be made by CITY to BUILDER until the
Director of Public Works shall certify in writing to the Finance
Director that fees have been collected in the drainage area served
by FACILITIES and that there is a, positive balance i--, said Drainage
District No. 1, to refund to BUILDER,
5 PREVI"OUS DEVELOPERS:
The parties agree that previous developers within the
same drainage area in the district shall have their claims liquidated
prior, to the obligation established by this agreement so long as
funds are available within Drainage District No. 12.
2.
6 SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
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 agreement;_
and no fees _shall be due BUILDER by reason of such construction
and credit.
7. LIABILITY 02' .71Ty .
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by BUILDER.
CITY's refusal to allow any connection or connections
into FACILITIES constructed by BUILDER shall not mane CITY liable
for any refund which might have accrued to BUILDER if such con-
nection had been permitted
8. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to BUILDER for refund because of said. connection.'
9. COMPLETION OF PROJECTS.
CITY shall not be required to make reimbursement to any
person until all drainage construction projects in a drainage
area served by FACILITIES are completed.
10. ATTORNEY'S .FEES.
CITY shall not be required to pay attorney's fees or
court costs for any breach ,of this agreement.
3
11:.. ENTIRETY.
This agreement contains the entire agreement between
the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above writter.
CITY OF HUNTINGTON BEACH,
a, municipal corporation
Mayor
A'?"'VEST APPROVED AS TO FORM:
Citv Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C'_ty Administrator Di ctor of Public Works
F. W. Development, Inc.
Company
B / c
y
r l Presiden ,
By
Tresixxer
By
Secretary
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REQUESM FOR CITY COUNCIL ACTION
[date Apiil 21, 198
:Submitted to: Honorable Mayor and City Council
OYg.D BY G � YTy GOUNt�IL
d
Submitted by: Charles W. Thompson, CityAdministrator 19U-
Prepared 5y: Paul E. Cook, Director of Public Works
CITY CLEATi
Subject: Reimbursement Agreement 80-D2
Statement. of Issue, Recommendation, Analysis, i:unding Source, Alternative Accions, Attachments:
STATEMENT OF ISSUE
F, W. Development, Inc. has monies due under Reimbursement Agreement
80-D2
RECOMM &NOATIONs
Adopt the attached resoltjtion authorizing a_payment of $6,000 in accord-
ance with Reimbursement Agreement S;i-D2 to F. W. ,Development, Inc.
ANALYSIS:
In conjunction with the development of residential property at the south-
west corh�r of Heil Avenue and Bolsa Chica Street, F.W. Development, Inc.
constructed 936 lineal .feet ofmaster planned storm drain facilities to
serve their developmc;,rt known :as Tract 10658, and adjacent properties.
On the'27th day. of May, 1960, the City Council apprcved Reimbursement
Agreement 80-D2 authorizing a maximum refund of $53,010.90 to F. W.
Development, Inc. Funds have been collected from an adjacent property
owner and, therefore, F. W. Development has requested payment per the
agreement,
rUNDING SOURCE:
Sufficient drainage fees have been collected from an adjacent property
owner ant. deposited into the drainage district account for this Reimburse-
ment Agreement.
ATTACHMENT':
Re mbursement Agreement SO-D2
Resolution
PHC:DRN: jy
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Plfy a!$s
RESOLUTION NO. 4994
A RESOLUTION. OP THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAY-
MENT TO"F. W. DEVELOPMENT, INC. ON REIMBURSE-
MENT AGREEMENT NO. 80-D2
WHEREAS, the City Council of the City of Huntington Beach
adopted' a budge`.; for fiscal year 1980--1981 by Resolution
No. 4894; and
Section 8 of said Resolution No. 4894 specifies the pro-
cedure for authorizing expenditures from special funds; and
The Director of Public Works and City Administrator have
recommended an expenditure, and the City Council hereby approves r9
said recommendation,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that partial payment on Reimburse-
ment Agreement No. 8t' in the sum of $6,000 from Drainage
District, 12 Fund is her�_..y authorized to be made to P. W.
Development, Inc. for construction of drainage improvements.
PASSED AND ADOPTED by the City 'Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of 8 1981.
Mayor
ATTEST: .APPROVED AS TO FORM
�` City Clerk b.:u Attor e
REVIEW,W AND APPRGV ZI T'_J- RTRD AND APPROVEDi
C±ty AdmiMstrato�r Director of Public Works
/ahb
i 40 ReNo. 4994
;;'TAPE OF CALIFORNIA
COUNTY OF ORANGE ) ®s
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WE?+MORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, 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 thap a mmjority of all the members of said City Council
at a regular meeting thereof held on the 4th day
of May , 19 81 _, by the following vote:
AYES: Councilmen:
MacAlliste r, Finley, Bailey, Mandir:, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson, Thomas
City Clerk and ex-officio Clerk
of tha City Cotmcil of the City
of Huntington Beach, Calikornia
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92646
OFFICE OF THE crry (-*LGRK
June 17, 1980
F. W. Development Co.
15052 Springdale Avenue
Huntington 'Beach, CA. 92649
The City Councilof the City of Huntington Beach at the regular meeting
held June 16, 1980, approved Reimburs�i-nent Agreement 80-D2 between City
and your company for the construction of 936 lineal reet of 42 inch
master storm drain pipe.
tiiclosed is an executed copy of the agreement for your file.
Alicia M. Wentworth
City Clerk
AMW c bt
Enclosure
R E T FOR Y CWISCIr"'ACTION
Submitted by
Paul E. CookW�9--Department P Prblic Works
Date Prepared May ,30 19 80 Backup Material AttachedEl
Yea No
Subject Reimbursement Agreement 80-D2
City Administrator's Comments
APPROVED BY CIT'Y COUNCI,' ^
Approve as Recommended
x� o
i--/ Y
Statement of tie, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue:,
F. W. Development, Inc. seeks approval of Reimbursement Agreement 80-,D2 for
the construction of 936 lineal feet of 42 inch master planned storm drain
pipe.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $53,010.90
Analysis:
F. T1 Development, Inc. will construct 936 lineal feet of 42 inch storm
drain pipe to serve Tract 10658 and adjacent properties in accordance with
Section 14 48.070 of the Municipal Code. F. W. Development, Inc. is hereby
seeking reimbursement.. The attr—hied agreement, No. 80-D2, complies with
this Code and sets the maximum possible reimbursement of $53,010,90.
Funding Sourcee
Reimbursement will be from Drainage District 12 Funds as future drainage
fees are collected.
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