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Home My WebLink AboutFAMILY HOME BUILDERS, INC. - 1979-08-20REIMBURSEMENT AGRE8MENT BETWEEN FAMILY HOME BUILDERS, INC. AND THJ-!, CITY OF u� HUNTINGTON BEAM -FOR CONSTRUCTION OF A STO.RIA DRAIN { (77-D3; THIS AGREEMENT entered into by and betl,6een the City of r Huntington Beach, a municipal corporation, hereinafter for con- y vFnience referred to as "CITY", and Family Home Builders, Inc., r� a California Corporation, hereinafter for cc,tXenience referred to i 4` as "BZJILDER" . r•4 h 1 W T T N E S S E T H- Recitals: xes Z. BUILDER, pursuant to agreement with CITY, has, at his own cost and expense, constructed one catch basin and 20 1;kneal feet of '24" R.C.P., hereinafter referred to as "FACILITIES", to serve BUILDER'S development known as 2J23 Huntington Street and adjacent prope-, ties.. 2. Said FACILITIES are part of the CITY'S Maste- Plan of drainage and have been constructed in conformance with the plans and specifications approved by the Director of Public Works of i CITY, &,nd have been ded1cateci to CITY. 3. CITY desires to reimburse B7JSLDER for the cast of con- struction of said FACILITIES as provided by CITY"'S Manicipa:Z Code, Section 14.43.070. WHEREFORE, in consideration of the covenants and: agreements herein contaiiied, the parties httreto agree as follows: .Cost.of Facilit.les and Area Se ved BUILDER has constructed at a "total cost of s3,384.00, a ma tar plan storm drain to serve 2323 Uuntingt.o- Street and adjacent 000�: fl�li� properties. Exhibit "A", attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated said '�`ACiLITIE:, to CITY. Refund, `.. The refund to be paid to BUILDER,, out of ;available funds, r,�s under this agreement is as follows: Y.. Total cast of facilities $3,384.04 �. ,job ,. .Less 10% per Huntington beach xt� Municipal Code Section 14,•48.070(c) 338.00 Net Refundable Amount $ 3 , 0 4 6.0 0 { Conditions. Refunds shall be payable for a period of five (S) year8 from the date of tUILDER,S application :for the consrruction of the, drainage facility. Refunds shall not exceed ninety percent (90%) of constrtic- j 1..ion costs. Fees s7all be collected, deposited and expended pursuant: to sectLNns 66483 and 5£487 of the Government Code of the State of California and all other laws )f the State of California. No refund shall be Made by CITY to BUzLOM until the Dirrect= of Public Korks shall certify in writing to the Pin.arnae Director that fees have been collected in the drama fie axeo, served by FACILITIES and that these is a positive ba�ance , in OtaL, je District No. 8G Fund to refund BUILDER. CIVv snail not be liable for payment of refund by reason of its .failure to collect or remLve from any person or entity the drainage fee. If a developer who develops property serVed by the FACILITIES const�,ucied by BU:,LDER is required as a condit=.on of develonment to construct. additional facilities,, City may allow said developer credit t,ward the drainage fee, and no fees shall be due BUILDER by reason of such construction. µs' p { Its the event CITY does not require a developer to deposit the drainage fee with. the CITY prior �:o or concurrent with, development, CITY may enter into an agreement with said developer stating that said developer is ovligated, not only to the CITY, but to BUILDER, and to developers who have pre :,iously contributed to the cost to construction of facilities constructer; hereunder ^Y: to deposit said fee with CITY. The, CITY shall not be required to � `'.',• l pay attorney's fees or court costs for any breach of th.s agree- j ment. In the event the s agreement conflicts .with or contradicts any CITY ordinances, such oxdinances shall prevail over the terms of this .agreement. (Rest of this page not used) 3y 3TAtic Of ".A14CR'rNiR al'a3F'i A A �ss. before era, Khe undersigned, s Not" Public in and fat said State, yafsonatiy appeared—cz. " ioinVn to me tube hv_ President. and.., R,?,YMgne H. Miller Exec, dice p a F.ecwtr ist me tn'F the w.'S L r ,of the ctr,.araticn that executed the within Snatrutrertt,. andkAown to me to be the Pend ss Who executed the within ins': - swnt on behalf of she sxuxtwasson therein named, end st:• linowFcdjed to me that such corpvotim executed the wAin i° insttummiit pursvana to its bylaaiws or o risciuticn of its tmard of _ chi diKur..ara .- OFFICIAL SEAL lJCRQTHY F. CCt7K WSi>ti55 my hNo z3 atxi r,RFGsi scat. rt ,1» fdGlUi PUJD ;tC - CAL.1FpS2RA ",may+-+ ORMIV,;E COUNTY 'u% my mnr) ra i-as MAR 9. 19V i�t? t3 C1}r J;. C 3i Nan* ;lyptd or Irrinted) � xat ;s aro-a fcc ofr4;1 *te•iaS saaij , $° WITNESS OUR HANDS AND SEALS the day, month and year appearing below.. Dated this^ day of v uS-r r 19-29 CITY OF HUNTINGTO N BEACH ��*} ra ��{ at municipal corporation ATTES �{ i : , v mayor : ' L APPROVED AS TO FORM, City Clerk r'...PPROVED A5 TO CONTENT trj� j Ci Attlryley F U Ci't AdYRynxstrator I MITT- TED AND APPROVED: l � xeoto 11 w,ar'r FMILY OME BUILDERS, INC. „ e - res- Y xe ,. i e zesi en N b obUP eL Q `{ i _ C L L w - H J ♦ N V � .0 �� 1" 1000'Ln u 1 CLAY V m =QVE iQ m MANSIONAVE � YGRK7 N AVE, L tA LEEGEND 11,1 JICA DRA#NACn DPSAMICT BORY-"-- El L_ cil } DEJLL Q Q $ El Lj � d �f #/ eT AD ! D AVE ca F-I F�fI "' r 1 City of Huntington Beach P10. Sox szo CALIFORNIA OFFICE OF THE CITY CLERK August 2.1, 1979 4k Family Home Builders 16168 Beach Blvd., Suite 15; Huntington Beach, CA. 92647 t Gentleman; IF The City Council at their regular meeting held August 20, 797E Approved _ Rei<fnbursement Agreement 77 iO3 for- the construction of a catch, basin and 20 feet of drain pipe. E We are enclosing a duly execoted copy of said agreement for your -rile. If you have any questions an this matter, please costa.:; our office at 536-5226 S i nc�re 1, Alicia M. Wentworth City Clerk Rku-bt REQUEST FOR CiTY CWtXIL AM ON Submitted by Micbael Zamboryh Depa, Public Works rmeet ., Daw Prepared July 31, , 19? 9 Backup Material Attached [7- Yew No SubI,,% Reimbursement Agreement 77-D Approval -Family Home Builders _ f:ity Administrator's Comments g` x9 Approve Ms re:;ompie4ided 4 Statement of issue, Recommendation, Analysis, Funding Source Alternative Actions: tp Statement of Issue: Family flume Builders seeks the approval of Reimbursement Agreement 77-D3 for the construction of a catch basin and 20 feet of drain pipe. Re commendation Approve the agreement which establishes a maximum possible re rabursement of $3, 046.00. A�a,lvsis Family Home Builders has zonstructed a catch basin to se>'.re Wichita St. and vrtc.inity and seeks reianbursement 1,nder Section 14.48.070 of the City's Municipal Code, The attached Agreement, No. 77-D3, complies with the code and sjt t the maximum possible reimbursoment it $3 , ti46 <' .j . Funding Source.: Reimbursement will he from. Drainage District 8G Funds �.s service ,.a.rges are collected.