HomeMy WebLinkAboutFOWLER DEVELOPMENT COMPANY - 1975-08-18REIMBURSEMENT AGREEMENT 75-Wl
FOR WATER MAIN EXTENSION
THIS AGREEMENT made and entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation., hereinafter for convenience
p referred to as "City," and FOWLER DEVELOPMENT COMPANY, hereinafter for
convenience referred to as "Builder."
WHEREAS, Builder, pursuant to agreement with City has, at his own
cost and expense, constructed 990 feet of 8 inch water- line and 8 inch tee,
hereinafter referred to as facilities, and said facilities have been con-
structed 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 a portion of the cost of the con-
struction of said facilities as provided by the Huntington Beach Municipal
Code; and
NOIR, THEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows:
Builder has constructed, at a total cost of $4,985.00 a water line
and appurtenances to service the east side of Alabama between Springfield
and Utica and adjacent properties. (See: Exhibit "A" attached hereto and
made a part hereof for a map of the area served) and has dedi-ated said
facilit:i.es to City.
The refund to be paid to Builder under this agreement is as follows:
Total job cost of facilities $2,492.50
Less 10% per Huntington Beach
Municipal Code,
Section 14.20.060(c) 249.25_
Net Refundable $2,243.25
Refunds :.hall :be payable for a period of five (5) years only from
the date of applicant's application for main line extension.
Refunds shall bear no interest.
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 a, refund by reason of connection having been made to facilities
;: 1
in accordance with :he Huntington Beach Municipal Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from any person or entity the connection fee. However,
City agrees to use good faith to protect the interest of developers, either
individuals or entities, who have previously constructed similar facilities,
by collecting fees, either prior to or noncurrent with the development, or
any property served by the facility constructed under this: agreement. If
a developer who develops property served by the facility constructed by
Builder is required as a condition of development to construct additional
facilit-es, City may allow said developer credit toward the per acreage
fee consistent with this said agreement; and no fees shall be due Builder
by reason of such construction. City further agrees to furnish a copy of
this agreement to the developer of any properties served by the facilities
described herein.
In the event City ,-,oes not require a developer to deposit the connection
fee with the City prior to or concurrent with development, City will provide
an agreement with said developer 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; said agreemr_-nt will further provide that in the event
that it becomes necessary to institute legal proceedings, either by the City
or by Builder or developers, who have previously contributed to the cost of
such facilities, to enforce the rights of the parties thereunder, that the
City shall not be required to ;pay the attorney fees for any of the parties.
It is understood that it is not inandatory that the City institute legal
proceedings to protect the interest of the Builder,
WITLESS OUR HANDS AND SEALS the day, month and year appearing below.
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DATED this 19th day of August , 1975
CITY OF HUNTINGTON BEACH,
a municipal corporation
by t� v�-rJ
May r
ATTEST:
b ,% ?�L
City Clerk
APPROVED AS TO CONTENT:
b
Y,,
City Administrator
APPROVED AS TO FORM:
City Attorney 'Zee
onald A.F President
BUILDER FOWLER DEVELOPMEWj,, INC.
17341 Irvine Blvd., Suite 112
Tustin, Calif. 9268o
Phone_: 832-1382
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City of Huntington Beach
P.O. BOX too CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 19, 1975
Fowler De-t-elopment, Inca
17341 Irvine Boulevard, Suite 112
Tustin, California 92680
Gent lezien s
The City Council of the City of Huntington Beach at its regular
meeting held Monday, August 19, 1975, approved a. Re ursement
Agreement between: the City and your firm for water facilities'
built in Alabama 'Street between Springfield and Utica Avenues.
We are enclosing a copy of said agreement for your records.
Sincerely yours,
Alicir M. 'Wentworth
City Clerk
Enclosure
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT
August 13, 1975
Honorable Mayor
and City Council.
City of Huntington Beach
Attention.: David D. Rowlands
City Administrator
Subject: Reimbursement Agreement
Fowler Development Company
Dear Council Members:
Transmitted herewith is a reimbursement agreement
between the city of Huntington Beach and Fowler Develop-
ment Company of Tustin for water facilities built in
Alabama Street between Springfield Avenue and Utica
Avenue. Fees will be collected from subsequent develop-
ment in the area to refund the $2,243.25 to Fowler.
Development Company.
I recommend your Honorable Body execute the agreement.
Very truly yours,
E s Hart
g
Director of Public Works
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