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Home My WebLink AboutHUNTINGTON BEACH COMPANY - 1976-03-01 (6)y City of Hunting -ton Beach P.O. Box 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT February 20, 1976 tA FA AM� A.PPIrt VLM BY CITY COUNCII. Ronorable Mayon and City Council City of Huntington Bea--?. CITY CIXIM AttentionDavid D. Rowlands';a City Administrator h Subject: Reimbu,uement Agreement 75-53 Huntington Beach Company Dean Council Members. Transmitted her`.mith is a reimbursement agreement between the City of Uuntington Beach and Huntington Beach company .for sewer facilities built in Crystal Street between Clay Avenue and 61.01 north of Clay Avenue. Fees will be collected from subt�equent development in the area to refund the $10,895.40 to Huntington Beach Company. T recommend that your Honorable Body e9ecute the agreement. Very truly you _ s , Director of publ e Works HgH : ,IW z ms; 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 CONi'iANY, hereinafter for convenience referred to as "BuiLaer. WHEREAS, ?ui,lder, pursuant to agreement with City has, at his own r.,ost and expense f constructed 723 lineal feet o -� V V'CP and three (3) manholes, hereinafter referred to as facilities, and said facilities have been cunstructed in conformity with the plans and specifications approved M by the. Director of Public Works of City, and have been dedicated to C;ty, and City desires to reimburse Builder for a portion of the cost of the conmtruction of said Facilities as provided by the HuntingL->n Beach Munici- pal Code; and 'covenants NOW, THEREFORE, in zonsideration of the and agreements herein contained, the parties he.eto agree as follows; x Builder has c^nstructed, a'Z a "total. cost of $12,106.00 a sewer main t line and appurtenances -to serve Crystal Street between Clay Pvenue and. 610' north of Clay Avenue and adjacent properties, and has dedicated said 1 �= facilities to City (see Exhibit "A" attached hereto and made a part hereof for a map of the area served). The refund to ',e paid to Builder under this agreement is as follows: Total job cast of facilities $12,106.00 Less. 10t per 8untington Beach "-aicipal f Code, Section 14.44.090(t) 1,210.60 Nat Refundable $10, 895.40 Refunds shall be _parable for a poriod of five (5) years on'�Iy from A,. -the date of applicant's application for sewer man extension, / ub f d shall b h Rfu nds sae made from sse went development t tht ae rae -gam41(l , ..e set forth in Section 14.40.020 of the Municipal Code. Refunds shall near no interest. No r-Cund shall be mr 0v- by City to Builder until the Director of pgs?lic'Wtr�4res shall certify in writing, to the Finance Director that Builder is entitled to a. refund by reason of coilnection having been made to facili-- hies in accordanco with tie Huntington Beach MiZn_r; pal Come ► and that City hzO z eceivecl the fee for such ;�7onnec tion m City shall not be liable for payment of refund by reason of its ,ailure to collect or receive from any person a.' 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 Ru`'elder is required as a condition of development to con- F 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. C.ty further agrees to , furnish a copy of this agreement to the developer of any properties served by the facilities described herein. MF1V= In the event City does not r+.quire a developer to deposit the connec- tion fee with the City prior to or concurrent with dcvelopme�j,t, City will provide an agreement with said developer t,gat said developer is obligated, not only to the City, but tc :;"ilder, and tc developers who ha=e previovsly k,. contributed to the cost of construction of facilities constructed hereunder to deposit said Jrae with City; said agreement will further provide that in t,ie event that it becomes neces�ry to institute Legal proceedings, either by the City or by BuildQr or developers, who have Previously contributed to the cost of such facilities, to onforce the rights of the parties there- under, that the City shall not be reguared to pay th^ attorney fees for any of the parties. It is �inderi,trod that it is not mandatory that the City, institute legal proceedings to prote�tt the interest of the Builder. WITNESS OUR HAt4DS AND SFAT;S the day, month an,d year appearing below. DATED this 3rd day of _ ._March _ _, 1976 CITY OP HUN` INGTON BEACH,, (CITY) y municipal corporation City Chet HUNT `XNGTON BEACH �3NtPAl�Y (BUIL DER ) APPAOV13D AS TO COWP", taia,T .kLi bL a or 11.3i (OVER' . AS TO .IlalFX .- BONFA APPROVED AS TO VOPX Oity A tvTzlt�y sa.a� -,w,w,rusmsa swv�.,�.�_ , .._ .:.;,, .,, , . .:.«,,.,.,, ' ,/ .f""��,rv'�N,✓.�" ,H.,nw...,-. f Iry� ryry El cl ._ p. r o6aS?Fh MID oa$ iLn $ ;VS �•a ��. - _ 1 � „ax aTn'Fuxa � Oi3ldbq� ,I i rily 'tliall not be liablo for payment of refur,d try reason of its lailure to collect or reevive from any person or entity the connection fee. nowrvFrr, Vity ugrrvert to um, good filth to protect tYw interest of developtxtr, ,tiihvi- ludividualu tit entitir+nr who have previously constructee similar I.tcililivs, by tSie ucltoct>rtlj Of feo!j, tither irior to or conctivrent with the %lovolopmnitt, Or . y propo.�rty uorved by the facility constructed under Lit tit ,igretiw%iL. If r davelopet who W.evF•iops proporty served by the facility iaonatitietetl by likilitlor In roqutred at: a. condition of development to conµ ntruct otitlitiuu,tl lacillti-u, t'ity may allow said developer credit toward lho l,Ur nert+.tgo tor= ronsiotcnt wkth thiti said agreement; and no fees shall Ito Qu,• tutilder by mason of such :ounntruction. City further agrees to l lurrileh .t copy of Phis agreement to the devoloper of any properties served t y Ihr• lat•i l t tlua dvacri,bed heroin, P.. tit tho event City doe- :,vt requiter a tl~lopor t.o deposit the connec- I itnl fr,+, with Litt, Pity prior to of c:moarrent with .levelopment, City will r irruvtdi ,tit .ii)renment with nsid :le<v-Wpttt that said dt teloper is <tbligatodr twit trnfy It, the Oity, but tt,, Bullltti•', in,l t7 delvelolutrs who have previously votitt-toute.1 tt, tht, 4xe,.1t. of runntr••nvtiun of facilities constructed hereunder 2tt 4s;lionit nand fro with City; said igrocment will further provide that in lho +•wont tb,i" tt boatamo:i nete.marlr to Institute• legal proccedingo, either Syr , by Ili,- Oily rtr. by llull.det or develop°t-n, who halm previously contributed to tt,r, "'o.t rat !soul :lacilitior, ttt ,nfr)rix the rights of the partials there- luutot . t h•t1 I lin City atial I not lr, required to pay the attorney foes for any It t tutl«•ir;t,myl IKil it ki not mandatory that the City inst tute legal lrtrn`r.r•ritruti fri itrrtl,:,,'t tfiv tntorw.+. :tl the lluiider.. WITUl :., rattle IIANII{. AND ,A.W,3 tht, day, atonth and year appeorttig below. ttM't'f:ti 11101 .,....... xt.ly of. ..> ....,. ..r...,�......,...k....., i97 VITY OP ilUN1rtN(l'l'oN SRAcll, Ci"'tJ a tnnnarlpttl cniquir,ttiott A'lrft::�'t•: fty",.,,.. �.,.....n-..- ...,....,. e•f"ty +:Tit": """"•`""`VV"""'"`Mnyor llcvl7w<tit..TON 111.80I4 ilhiPANY 061lit,DEVO AP111W41'.4 A*; IN) CONTENYt t�lty h nl ilittkaGOC" .-`. AM 4,11 A.. To 1,010dt tKlti i . tm11�A ri1`i'tirt lC.tt ri`. tr, F F?fFti City d gtt.t y 7 it ,ta.•trtg �21ej1tttrcity /Atttartt� y /6