HomeMy WebLinkAboutJACK HSIEH AND AMY HSIEH - 1985-05-06Y
REIMPURSEMENT AGREEMENT 84-W2 FOR WATER MAIN CONSTVUCTION
BETWEEN THE CITY OF HUN'TINGTON BEACH AND HSIEHS
THIS AGREEMENT is made and entered into on this 4,�
day of !� 19 _, by and between the CITY OF
a
HUNTINGTON BEACH, a municipal cot )oration of the State 3f
California, hereinafter referred to as "CITY," aad JACK HSIEH and.
AiiY HSIEH, individuals, hereinafter collectively referred to as
"BUILDER".
WHEREAS, BUILDER, pursuant to its Agreement with. CITY, has,
at its own cost and expense, constructed 554 lineal feet of 8-inch
A.C.P. water main, hereinafter referred to as "FACILITIES", to
serve the develoy-smcnt at. 18112 Beach Boulevard, and adjacent
areas; and
FACILITIES have been constructed in conformance with the
plans and specifications ai.proved by the Director of Public Works
of CITY; and
FACILITIES have been dedicated to CITY; aaO
CITY slow desires to reimburse BUILDER for the off -site
portion of the cost of the construction of FACILITIES,
NOW, THEREFORE, in consideration of the covenant- and
agreements herein contained, the parties hereto agree as follows:
ate.
1. CONSTRUCTION
BUILDER 'has constructed FACILITIES at a total cost of
nineteen thousar.' three hundred six dollars (a19,306), to serve
the development at 18112 Beach Boulevard and adjacent properties.
Attache*c'. hereto as Exhibit "A", and by this reference made a part
hereo , is a map of the area served by FACILITIES.
2. DEDICATION
BUILDER has dedicated FACILITIES to CITY.
3. REIMBURSEMENT
The maximum reimbursement to oe paid to BUILDER under
this Agreement is the sum of nineteen thousand, three hundred six
dollars (619,306).
4_ CERTIFICATION TO FINANCE DIRECTOR
Reimbursements tea} be made by CITY to BUILDER upon
Certification of the Director of Public Works to the Fiiianze
Director that BUILDER is entitled to a reimbursement by reason of
connection having been made to FACILITIES ir, accordance with the
Huntington Beach Municipal Code, and that CITY has received the
water service fees from users of the area served.
5. SUBSEQUENT -zVELOPERS
If a developer who develops property served by
FACILITIES constructed by BUILDER is required as a condition of
develonment to construct additional. facilities, CITY may allow
said developer credit toward the per acreage fee consistent +pith.
this Agreement, and no reimbursement shall be due BUILDER by
reason of such construction and credit.
In the event CITY does not require a developer to
deposit the water service fees with the CITY prior to, or
concurrent with development, CITY may -nter into an agreement with
said developer stating that said developer is obligated, not only
to the CITY but to the 3UILD:ER and to developers who have
previously contributed to the ccst of construction of FACILITIES
constructed hereunder., to deposit said fee with CITY.
5. LIABILITY OF CITY
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by BUILDER.
CITY'S refusal to allow any connection or connections
into FACILITIES constructed by BUILDER shall not mane CITY liable
for any refund which migbt have accrued to BUILDER if such
connection had been permitted.
7. CONNECTION BY PUBLIC AGENCY
CITY retains the right to allow a connection by a
public agency exempted from payment of .onnection fees and shall
not be liable to BUILDER for refund because of said connection.
8. ATTORNEY' S FEES
CITY
shall not
be
required to pay
attorney's fees or
court costs for
any breach
of
t'_zis Agreement.
3.
9 . EN I RRTY
This Agreement contains the entire Agreement between.
the parties hereto.
IN WITNESS iIHEMEOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above writtei-
BUILDER: JACK HSIEH AND AMY HSIEH,
Individuals
Jack. Hsieh
4 Amy Hsieh
CITY OF HUN^iI:NGTON BEACH,
A ;municipal corporation
Mayox
ATTEST:
APPROVED
AS TO
FORM:
ax
City Cleric
city
Pet a ney
REVIEWS 'D AP'PROV7D:
IN71TIAZED
AND
APPROVED:
ew�
City Ad311TfAtrAof
Director. of
Public Works
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F COU- NTY, CA Ll FO RNIA
�F O� 14AP
URSEMENT
OFFICE OF THE CITY CLERK
May 9, 1985
Mr. & Mrs. 0ack Hsieh
8902 Baywood Drive
Huntington Beach, CA 92646
The City Council )f the City of Hutnington Beach at its regular meeting
held May 6, 1985 approved and authorized execution of a Peimbursement
Aorepment No. 84-W2 �or the construction of a rater main to serve the
development at 18112 Beach Boulevard. and adjacent areas.
Enclosc,i is a duly executed copy.
Alicia M. Wentworth
City Cler:'
AMW:CB:js
Enclosure
cc: Bill Pa`.apeff - DFFW
Wayne lee - finance
R UE FOR CITY C ��PACTION <. ,
Daze —_April 26, 1985
Submitted to: Honorable Mayor and City Council
T�: C(7'Cit`iCIL
Submitted by: Charles W. Thompson, City Administra �leT`'E
. - 19--
Prepared by: Paul E. Cook, Director of Public Works---�--- ^,
Subject: Water Main Reimbursement 84-W2 _ --- 1 r V1 ry (-,L
Consistent wi`;h Council Policy? [x] Yes { 3 New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundin;'curce, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Jack and Amy Hsieh are seeking the approval. of Reimbursement Ag.-eement
84-W2 for the construction of 554 lineal feet of off -site 8 inch Ar—P
water main.
RECOMMENDATION:
Approve Reimbursement Agreement 84--W2, which t-tablishes a maximum
possible reimbursement of $19,306.00.
ANALYSIS:
Jac' aand Amy Hsieh constructed an off -site water main system which
served their development at 3.8112 Beach Blvd, and will serve developmert
ad;acent to their proper.y. The facilities were constructed in con-
formance with the approved plans and accepted by the City.
FUNDING SOURCE:
The Hs ec's will be reimbursed from water connection fees collected
from adacent property owners, who tie into the system,
ATTACHMENT:
Reimbursement Agreemew., 84-W2.
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