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HomeMy WebLinkAboutHUNTINGTON HARBOUR CORPORATION - 1971-09-08M REIMBURSEMENT AGREEMENT FOR HEIL AVENUE STORM DRAIN THIS AGREEMENT entered into by and between the CITY" OF HUNTINGTON BEACH, a municipal corporation, hereinafter for cony€nience referred to as "City", and HUNTINGTON HARBOUR CORPOPATION, hereinafter for convenience referred to as ItBuilder." WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a storm drain in Heil Avenue, here- inafter 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 reimbarse.Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code; NOW, THEREFORE, in consideration of tho premises and agreements herein contained, the parties h—ito agree as followst Builder has constructed, at a total cost of $27p974.42 a storm - drain and appurtenances to serve Drainage District 12 and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $27,974.42 Net Refundable $270974.42 No rePind 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 in accordance with the Huntington Beach Ordin- ance 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 a,:iy person or entity the &ainage fee. However, City agrees from an administrative, legislative or quasi ,judicial procedure to protect the interest of developers, either No 71-D2 .... .......... f � individuals or entities, who have previously constructed similar facilities, by the collecting fees, either prior to or concurrent with the development of any property served by the facility constructed undo;r this agreement. If a developer who develops property sExved by the facility constructed by Builder is required as a condition of development to construct additional facilitiest City may allow said drwtoper 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 an,• properties served by the facilities described herein. In the event City does not require a develop,_: Y .pc ,ALt the drainage fee with the City prior to or. concurrent 7elopment, City will provide an agreement with said develop�_L ',d developer is obligated, not only to the City, but to Builder, to developers who have previously contributed to the cost of construction of facili- ties constructed hereunder to deposit said fee with City; and said agreement will further provide that in thy. event that it becomes necessary to institute legal proceedings, either by thu City or by Builder or ueva]opers, who have previously wontributed to the cost of ry' such facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of tho parties. It is understood that the City is not required to institute legal proceedings to protect the interest of the Builder, but may do so, WITNESS OUR HANDS AND SEALS the day, month and year appearing below. 3 DATED this _.._ day of " -� , 19 CITY V HUNTINGTON BEACH, a munic:�pal corporation Mayor Y of Unlun, "� _- T. - - - P.O. BOX 190 ENGINEERING DEPART August 23, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller 0110 City Admuistrator 146 71-- Subject: Reimbursement Agreement/with Huntington Harbour Corp. for Storm Drain Construction - District 12 Gentlemen: Huntington Harbour Corporation constructed storm drain facilities in H- l Avenue west of Algonquin in the amount of $27,974.42 t is recommended that the enclosed reimbursement agreement be approved and that the Mayor and City Clerk be authorized to execute same, and that the signed copy be returned to this office for transmittal: Very truly yours, *ames R. Wheeler tor of Public Works JRW T?M: ae Encl. .