HomeMy WebLinkAboutFOWLER DEVELOPMENT, INC. - 1975-08-185
RXIMBURSEMENT AGREEMENT 75-W1 �
FOR; WATER MAIN EXTENSION
THIS .AGREEM::NT made and entered into by and between the CITY OF
HONTINGTON BEACH, a municipal corporation, hereinafter for convenirsnc[
referred to as "City,,: and FO LIR DEVELOPMENT CGMPANY, hereinafter for
conv, .nience referred to as '''3uild.er ,
�s
Builder., pursuant l:o agreement with City has, at his own.
cast and expense, constructed 990 feet of s iz'7ch water line and 8'inch tees
k. hereinafter refer:re.d to as facilities, and said facilities have been con-
structed inconformity 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 eon-
struction of said facilities as provided by the Huntington Beach Municipal
Code; and
4 NOUt THEREFORE, in consideration o-f the covenants and agreements
h-erein containc3, the parties hereto agree as follows:
Builder has Lonstructed, at a Natal cos',. 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" %ttached hereto and
made a part. hereof for a +yap of the area served) and has dedicated said
facilities to City.
E The refund to .be paid to Builder under this agt-aement is as follows,
Total jobcost of racily„ties $2,492.50
Less10 i.er Htnt-lnvton Beach
Lunicikal Code,
Section 14,20.060(c) 249.25
Net Refundable $2,243,25
Refunds shall be, payable for a period of five (5) years only from
:.
the dat-, of applicant's application for main lie extension.
Refund.- shall bear zxo int i. est,.
No ��fun4 shall be made by pity to Builder until t:he Director of
Publ.io-'Works shall cewtify in writing, to the Finance Director that Builder
A� enti:tiod to a re'runty by reason Of conrxectior; haAng been made to facilities
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in accordance with the Huntington Beach Municipal Code, and that City has
received the fee for such connection.
City shall not be lieO.e for payment of refand by reason of its failure
to collect or receive from any person or entity the connection fee. However,
City agrees to use gocd faith to protect the interest of developers, eitilez-,
individuals or entities, who have previously constructed si-,:Llar facilities,
by collecting fees, either prior to �)r concurrent with the developmept-, or
any property served by the facility -,onstructed undel: this agreement. --If
a developer who develops property served by the facility constructa�i by
Builder is required es a condition of development to construct additional
facilities, City may allou, said developer credit toward the per acrea,',e
fee consistent with this said agreement,- and no fees shall be due Buildoyr
by reason of such construction. City further agrees to furnish a copy oa'
this agreement t-,, *-be devel(.,per of any properties served by the facilities
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described herein. z'
In the event City does 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 +-hat said developer is obli3ated, not only
to the City, but to Builder, and to developers who have previously Contr4buted
to the cost of construction of facilities constructed hereunder to deposit
said fee w-ith City; said agreement 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 facilitieo, to enforce the rights of the parties thereunder, that the
City shallbot be required to pay the attorney fees for any of the parties.
it is undexatood tyat it is tot mandatory that the City institate legal
proceedixigs to protect the int-irest of the Builder.
' WITNESS OUR PIANDS AND SFM4S the day, month and year appearing be3aw.
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City of HuntingtonBeach
P.O. sox too CAL�FORNJA 92648
ENGINEERING DEPARTMENT
August 13, 1975
Honorable Mayor
and City Council
City of Runt,tngton Beach
Attention David D , Rowlands
City Administrator
Subject-. Reimbursement Agreement
Fowler Development Compaay
Dear Council M,,zbers
Transmitted herewith is a reimbursement agreement
between the city of Huntington Beach and Fowler Develop-
ment Company of Tustin for water facilities built in
Alaharza Street. bet`ieen Springfield Pvenuo and vt ica
Avenue. ryes will be cullo4,,�;ted from subsequent develop
meat in the area to refund the $ 2 , 2 4 3.2 S to Faviler
Development Cc npany
I recommend your Uonr�rabl,e 1': ay execute the agreement.
Very truly yours
E, Iiartg
Director of Public Works
ate f j
Trans. �
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