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Home My WebLink AboutHuntington Beach Company - 1976-03-01Ll City of Huntington Beach P.O. BOX 490 CALIFORNIA 926413 ENGINEERING DEPARTMENT February 20, 1976 ,APPROVED BY CITY COUNCIL Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement Agreement ?5-S3 Huntington Beach Company Dear Council Members: Transmitted herewith is a reimbursement agreement between the City of Huntington Beach grid Huntington Beach Company for sewer facil.r.ties built in Crystal. Street between Clay Avenue and 61.01 north of Clay Avenue. Fees will be collected from subsequent development in the area to refund the $10,895.40 to Huntington Beach Company. T recommend that your Honorable Body execute the agreement. Very truly yours, . E.K.4ar tge Director of Public Works HEH' JWW: me r 'V1 E 5 REIMBURSEMENT AGREEMENT 75-S3 SEWER MAIN EXTENSION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and HUNTINGTON BEACH 'COMPANY, hereinafter for convenience referred to as "Builder." WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed 723 lineal feet of 8" VCP and three (3) manholes, hereinafter referred to as facilities, and said facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedi„ated to City, and City desires to reimburse Builder for a portion of the cost of the construction of said facilities as provided by the Huntington Beach Mun.l ci^-^ I_ pal Code; and NOW, THEREFORE, in consideration of the covenants and ;agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $12,106.00 a sewer main line and appurtenances to serve Crystal Street between Clay Avenue and G10' north of Clay Avenue and adjacent properties, and has dedicated said facilities to City (see Exhibit "A" attached hereto and made a part hereof for a map of the area served). The refund to be paid to Builder under this agreement is as f-flows: Total job cost offacilities $12,106.00 Less: 10% per Huntington Beach Municipal '~ Code, Section-14.44.090(c) 1,210.60 Net Refundable $10,895.40 Refunds shall be payable for a period of five (5) years only .from the date- of applicant's application for sewer main extension. Refunds shall be made from subsequent development at the rat:,-1acr _ q p -_ '---__9- eed set forth in Section 14.40.020 of the Municipal Code. Refunds shall bear no Iftterest 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 :jade to facili- ties in accordance with the Huntington Beach Municipal Code, and that City has received the fee for such connection. s ®' 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 the collecting of fees, either prior to or concurrent 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 con- struct additional facilities, 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 does not require a developer to deposit the connec- tion 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 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 facilities, to enforce the rights of the parties there- under, that the City shall not be, required to pay the attorney fees for any of the parties. It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder. WITNESS OUR HANDS AND SEALS the day, month and year appearing below, DATED this 3rd day of Meirch , 1976 CITY OP HUNTINGTON BEACH, (CITY) a municipal corporation A, � L it .16 y City Clerk Ma or HUNTINGTON BEACH OMPANY (BUILDER) APPROVED AS TO CONTENT: 71 2-, 'Ity Admanistrator AP �?�VED AS To 0 (s DON P. 'BON�',P, APPROVED AS TO FORt�1 City A °torno3r v L••xhiblt "A" r ) E 11, 4RRFIELD MANSION V I � CF-C ! CF-E trns, l.trrlt�+arTtl �� )M,ll,i?:�.:Jl)Fill.l+;i1!1FliGiN i )a"•?:}I'�110 NI�. N }} =J vity :;hall not be liablo for payment of refund by .reason of its lallure Lo uollect or receive from any person or entity the connection fee. nowt+vor•, City agroes Lo u!%, good faith to pr tect the interest of developers, 61,hor indivtdu.ils or centiCirs, who have previously constructed similar IncillLio:r, by lho collecting oC roes, either prior to or concurrent with Lhe (It-vt.lupment, or any property served by the facility constructed under Lhi:i ngroomc:nL. if a developer who develops property served by the facility oonul,ructod by Iltii lder .is required as a condition of development to con- itlrurl: addlti.oha,l facilities, City may allow said developer credit toward tlu• ;ur ncraatlr fro ronsisL•ent with this said agreement; and no fees shall ho due Htiildor by reason of such construction. City further agrees to jurti]rth it copy of this agreement to the developer of any properties served by l hc• I ac i lA t..tes described herein . In lhn r_vont City does not reyulre a developer to deposit the connec- I.Iron fou with l:ho City prior Lo or concurrent with development, City will Irrovidt- an agranment. wiLli said developor that said developer is obligated, tuft only to ehe CiLy, but to Builder, and to developers who have previously c.•ont:,ibutod Lo the cost of construction of facilities constructed hereunder to doponit twirl ree with City; said agreement will further provide tha- in trio ovonl. that It becomes necessary to institute legal proceedings, either by too City or by Itu.ildtr or devclop,.r.s, who have previously contributed io uie c•urrt or such facilities, Lo enforce the rights of the parties there- mHh•1 thot Lho CtLy ahrtll not be required to pay the attorney fees for any ul tlt,.�r.nlit:•s:a 1I'ir nntlttsQ•rud that it Is not mandatory that the City institute legal lnot�+sr•tlrat)tt-lu prot.oct tho interest. of 1,.Iio Builder. W1414M.W, OUR HANDS AND 511,AGS the day, month and year appearing below. liATNil 111111 --day of C i'fY OF HUNTINC'PON DEACH, (C CTY ) it municipal ;, : t)Qration .t ..CtL1 C e-Friz �« Mayor 111INTr.NOTON 111,,A('H ,OMPANY {RUil,Dl%1i} AItt+ItcWO) At; 1110 CON'1'> N11" 4------ by t 11 y A flu t!i i st.ra hor AP111 (tUlr n:i TO 1 lM: " 0014 11. 11nlWtl �. Ai' IROVI;1; Art y'ia FORM City A toi�� y v� W-ty City f2.-� � �C ifAttorn � ZO City of Hunt*l - P.O. Box 190 CALIFORNIA 926M OFFICE OF THE CITY CLERK March. 2, 1976 Funtington Beach Company .2110 Main Street Huntington Beach, California 92648 Gentlemen: The City Council of the City of Huntington Beach at .its regular meeting held Mondry, March 1, 1976 approved Reimbursement Agreement 75-53 for sewer facilities built in Crystal Street between Clay Avenue and 610 feet north: of Clay Avenue. We are endorsing a duly executed copy of said agreement for your files. Sincerely yours, Alicia 14. Wentworth City Clerk AM: CB: t to Bnclos+ure j f