HomeMy WebLinkAboutFAMILY HOME BUILDERS - 1979-08-20w
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REIMBURSEMENT AGREEMENT BETWEEN FAMILY
HOME BUILDERS, INC. AND THE CITY OF
HUNTINGTON BEACH FOR CONSTRUCTION OF A
STORM DRAIN ((77-D3)
THIS AGREEMENT entered into by and between the City of
Huntington Beach, a municipal corporation, hereinafter for con-
venience referred to as "CITY", and Family Home Builders, Inc.,
a California Corporation, hereinafter for convenience referred to
as "BUILDER".
W I T N E S S E T H:
Recitals
1. BUILDER, pursuant to agreement with CITY, has, at his
own cost and expenses, con.,structed one catch basin and 20 lineal
feet of 24" R.C.P., hereinafter referred to as "FACILITIES", to
serve BUILDER'S development known as 2323 Huntington Street and
adjacent piopert.es.
2. Said FACILITIES are part of the CITY'S Master Plan of
drainage, and have been constructed in conformance with the plans
and specifications approved by the Director of Public Works of
CITY, and have been dedicated to CITY.
3 CITY desires to reimburse BUILDER for the cost of con-
struction of said FACILITIES as provided by CITY''S Municip,3l
Code, Section 14.48.070.
WHEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows:
Cost of Facilities and Area Served:
BUILDER has constructed at a total cost of_$3,384.00, a
master plan storm drain to serve 2323 Huntington Street and adjacent
1.
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properties. Exhibit "A", .attached hereto and made a part hereof,
is a map of the area served. BUILDER has dedicated said FACILITIES
to CITY.
Refund:
The refund to be paid to BUILDER, out of available funds,
under this agreement is as follows:
Total job cost of facilities $3,384.00
Less 10% per Huntington Beach
Municipal. Code Section 14.48.070(c) 338.00
Net Refundable Amount $3,046.00
Conditions:
Refunds shall be payable for a period of five (5) years
from the date of BUILDER'S application for the construction of
the drainage facility.
Refunds shall not exceed ninety percent (90%) of construc-
tion costs.
Fees shall be collected, deposited and expended pursuant
to Sections 66483 and 66487 of the Government Code of the State
of California and all other laws of the State of California.
No refund shall be made by CITY to BUILDER until the
Director of Public Works shall certify in writing to the
Vinance Director that fees have been collected in the drainage
area served by FACILITIES and that there is a positive balance
in Drainage District No 8G fund to refund. BUILDER.
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 drainage fee. If a developer who develops property
served by the FACILITIES constructed by BUILDER is required as
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a condition of devA�topnent to construct additional facilities,
City may allow acid developer credit toward the drainage fee,
and no fees shall be due BUILDER by reason of such construction.
In the event CITY does not require a developer to deposit
the drainage fee 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 }.BUILDER, and to developers who have previously contributed
to the cost of construction of facilities constructed hereunder
to deposit said fee with CITY. The CITY shall not be required to
pay attorney's fees or court costs for any breach of this agree-
ment.
In the event this agreement conflicts with or contradicts
any CITY ordinances, such ordinance's shall prevail over the
terms of this agreement.
(11est of this gage not used)
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WITNESS OUR HANDS AND SEALS the day, month and year appearing
below.
Dated this_ J - / 5� day of �40 os'- , 1971_.
ATTEST:
e
City Clerk
APPROVED AS TO CONTENT:
:
Cit Administrator
INITIATED AND APPROVED:
CITY OF HUNTINCTON BEACH
a ;municipal corporation
(-�
Mayor
APPROVED AS TO FORM:
Ci Att r ey
FAMILY ,11OME BUILDERS, INC-.
STATE OF CALIFORNIA
COUNTY OF,
orange
fE On June 26. 11 7 0. before me, the vndersigned, a Notary Public in and for
said State, personally appeared G LQuis ri,Zladi -. III
c
known to me to be the. President, and Raymond H . Miller
Exec, Vice pp
known to me to be the 'SJt:RfRof the corporation that executed the within instrument,
E and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged ,- -ve that such corporation executed N within
E instrument pursuant to its by-laws or a -resolution of its board of � a__� : Y___
0
�o directors, �, OFFICIAL SEAL
DOROTHY F. C 00K
HJI7IJESy my hand and official seat. a —�+: NOT.AR)SPU2UC CALIFORNIA
C ORANGE COUNTY
My omm, expires MAR 29. 1930
Signature , 'iezzu
,r Dorothy F. C k
i Name (Typed or Printed) (This area for official notarial seal)
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Augu'- a j °?:
Family Horne Builders
16168 Beach Blvd., Suite 150
Huntington Beach, CA..92647
Gentlemen:
The City Council at their regular meeting held August 20, 1979 approved
Reimbursement Agreement 77-D3 for the construction of a catch basin and
20 feet of drain pipe.
We are enclosing a duly executed copy of said agreement for your file.
If you hove any questions on this matter, please contact our office
at 536-5226.
Sincerely,
Alicia M. Wentworth
City Clerk
PMWsbt
Enclosure
v
REQUEST FOR CITY COUNCIL ACTION
4
Michaal Zambory Public Works
Submitted by Department
Date Preparers Jul - ;1, 1919 Backup Material Attachod M Yes L �.! No
Subject Reimbursement Agreement 77-D3 Approval -Family Home '.ailders
City Administrator's Comments
AP -PRO Yi D BY C1,1— y Ci Ubvc L_
o� 192.�.
Approve ass recommended
�caTY airc�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
�J
Statement of Issuer
Family Home Builders seeks the approval of Reimbursement Agreement 77-D3
for the construct, --ion of a catch basin and 20 feet of drain pipe.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $3,046.00.
Analysis:
Family Home Builders has constructed a catch basin to serve Wichita St.
and vicinity and seeks reimbursement under Section 14.48.070 of the
City's Municipal Code. T}, attached Agreement, No. 77-D3, complies
with the code and set the maximum possible reimbursement at $3,046.00.
Funding Source:
Reimbursement will be from Drainage District 8G Funds as service
chargesare collected.