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Home My WebLink AboutJANES COMPANY - 1977-12-19REIMBURSEMENT AGREEMENT 77-W3 WATER MAI CO23STRUCTION _. Sri � � x..a » r;•Y ;^HIS AGREMVT entered Gnt-, by and between the City or Huntington Beach, a municipal corporation, hereinafter referred to � as CITY, and Janes Company, her-Anafter referred to as BUILDER, hex WH;;REAS, BUILDER, pursuant to aqr_eement with CITY, has at its " own coE:t and sense, constructed 535 lineal feet of 8 inch A.C.P. water rs+ain,,, 1640 lineal feet of 6" A.C.P. water main, 3 blowoff assemblies, 5 fare hydrants, and 1.7-1" water services, in Green Street Rudder Drive, Jib Circle. and Bol.sa Chica Street hereinafter referred to as FACILITIES, to serve BUILDER'S development known as Tract 9404 ead adjacent properties located on the east and west ;sides of, Green Street between 86 feet south of the centerline of Rudder Drive to 440 feet south. "iereof, and said FACILITIES have been constructed in coiformity with t-he plans and specification approved by the Director of Pubic Works of CITY and have been dedicated to CITY, and CITY desire. -',,o U-*- �burse BUILDER for the cost of the construction of said water line, ate provided by the CITY' S municipal, code, NOW THEKWORE, in consideration of the covenants and agreements herein contained# the parties hereto agree as follows: BUILDER has constructed, at a total cdet of $23,913 00., a water main line t :ad appurtenances to serge BUILDER` 5 deve?.npment and adjacent properties. Exhibit "A", attached hereto and made a part hereof, is a map the area served. BUILDER has dc,,dica red said FACILITIES to CITY The r,-fund to be paid tc. BUILDER, out of available funds, under this agreement io as fol-lows; r M ,. ':total job cost of Facilities $23,913.00 Less BUILDER'S portic. (20,6I3.00) Grass refundable 3,300.00 Y r Less l0$ pe- Huntington Beach Kanicipal 330.03 Code Section 14.20,060 .'. Net refundable $ 2,970.00 r No refund shall be made by CITY to BUILDER until the Director of Public Works shy't ce tify in writing to the Finance Director that ~' BUILDER is entitled to a refund by reason of connection having been � _o made to PA.CILETiES in accordance with the Huntington Beach Muni:ci pal Code, and the CITY has received the water service fees fr= the area served, :Refunds shallbe payable for a period of five years only frogs: tree date of applicant's application for main line extansion. Refunds shall be made from subsequent development at the rate of Three P-,Ilara and, Seventy-five cents (33.751 a front foot in is accordance with Zection 14.12. 0 L0 of the Huntington Beach municipal Ci)de. Ref)2nds ti ta3 3 not exceed W riety percent of off -site consi r-Action costs* refunds shall bear no interest. Refunds shall be payable only to ,;he origi.nalj, applicant or ., appla,cants: ' Upon death of applicant, the right to refund shall. terminate. CITY shall not To—e lianle, for payment, refund by reason of its failure to collect or rece-ivo from any person or entity the water se rviae fe k If a: developer wtoo develops property served by the 0- Y w' FACILITY 3s required by CITY as a condition of development to ry construct additional facilities, BUIT DER agrees that CITY may allow said eleveloper credit toward the water service ,fee, and no reimb?arse- meat fees shall, be due 5UI'L ER by reason of such construction In the event CITY does not require a developer to deposit the water service fees with the CITY prior to or concurrent with deveLip- `r ment} CITY may enter into an agreement with said developer stating r ` that -said sieve' �;�er is obligated, not only to the CITY, but BUILDER, �• and to .developers who have previously contributed to the cost of A;_, construction of PACILITIES constructed hereunderr to deposit said fee with CITY. The CITY shall not be reVired to pay attorney fees or court costs for any breach of this agreement. In, the event his agreement conflicts with or contradicts any CITY ordinances, th^ ordinance provis! s : `gall prevail over the terms of this agreement. {Rest of this page not used} Y WITNESS OUR HANDS AND SEALS ti-e day, month and year appearing below. DATED this day of 19?J 4. CITY OF HUNTINGTON B3 ACH (CITY) icipal Carp ionx.«�> �n Mayor ATTEST �dF r -City Clerk J"ANES CorzP�x' h WED AND APP VE:r; By ` ty AdmznitratAx' IMITIATZ-D P:IM APPROVED AS T CONTENT: i rec der rah 3 i-c Works APPROVED A5 TO FOR14 "r C,ty Attorney aZ '_ a 1 City of Huntington Beach ENGMEPUNG DEPARTMENT C111" of RUrrTUTON REACH _.,., TO-. Fiano:�abl.e Mayor and City Councily-�-�..A!?MiNlSTRAVVf OFFIcE ATTN Floyd G. Bel.si.to, City Administrator FROM: t , E. Hartge, Director of Public Wox S,04/,- DATE;. December 7, 1.977 -r-•.,��7��^�-.-.,,. dry' � °.. SUBJrCT: Reimbursement: Agreement No. 77-W3 " Water :Main Construction Transmitted herewith s the subject agreement between the City and Janes Company for oi:fsi:tt water mains built in conjunc- tion with Tract 9404, RECOMMEND8D ACTION Approve the agreement and authorize Mayor and City Clark to execute sarFe. ANALYSIS Vanes Company has constructed water mains and appurtenance to serve Tract 9404 and adjacent properties for totem' .,�st of 23,913.00. The reimbursable amount is calculated I glows: Tonal jab cast of faci.l..ities a23,913.<-7 less cost of required facilities for Tract 9404 (20,613.0v Gross ,Reimbursable 3,300 4, f Less. 10% per Huntington Beach 339_ Mun,3.c1pal. Code Section 14 29. sQ Net rei mbursabl; 2,97 Payment of tte above amount be made fr,-,,% charged to builders who :develop property within the service area. F�i�DIM� aC�iJRCIa Reimburseanent, will be made from the City gater fund. EH:�3NiXryT-mc 40 7-4 REIMBURSEME.LIT AGREEMENT 77-W3 kATER MAIN CONSTRUCTION THIS AGREEMENT'entered into by and between the City of Huntington Beach, a municipal corporation, hereinafter referred to as CITY, and Janes Company, hereinafter referred to as BUILDER., WHEREAS, BUILDER, pursuant to ag?eemeii,. Ath CITY, has .t its own cost and expense, constructed 535 lineal feet of 3 inch, A.C.P. watermain, 1640 lineal fee'--- of 6" A.C.P. water main, 3 blowoff assembliei, 5 file hydrants, and 17-l" water services, in Green street Rudder Drive, Jib Circle and Bolza Ch ca Street hereinafter referred to as FACILITIES, to serve BUILDER'S development known as Tract 9404 and adjacent properties located on the east anc west sides of Green Street between 86 feet south of the Centerline or Rudder Drive to 440 feet south thereof, and said FACILITIES have been constructed in conformity Ath the plans and specification approved by the Director of Public Works of CITY and have been dedicated to CITY; and CITY desires to reimburse BUILDER for the cost of the construction of said, water line, as provided by the CITY'S municipal code, NOW THEREFORE, in consideration of the covenants and agreements herein contained, the par -',es hereto agree as f:ollowsa BUILDER has constructed, at a total cost of $23,913.00, a water main lino and appurtenances to serve BUILDER'S de��elopment and adjacent properties. Exhibit "A", attached nereto and made a part hereof, is a map of the area served. BUILDtiR has dedicated said F'As I.LITIES to CITY The refund to be paid to BUILDER, out of available funds, under this agreement ;is as fellows:- Total joky cost of Facilities $23,913.00 Less BUILDER`S portion (20,613.00) Gross refundable 3,300.00 Less 10% per Huntington Beach Municipal 330.00 Code Section 14.20.060 :Net refundable $ 2,.970.00 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 erti :led to a. refund by reason of connection having been made to _ACILITIES in accordance with the Huntington Beach Municipal Code, and the CITY has received the water service fees from the area served. Refunds shall be payable for a__aeriod of five years unly from the date of applicant'sapplication for mwin line extension. Refunds shall be mace from subsequent development at the rate of 1':.�ree Dollars and Seventy-five cents ($3.75) a front foot in accordance with Section. 14,12.010_of the Huntington Beach Municipal Code. Refunds shall r.ot exceed ninety percent of off -site construction costs. Refunds shall bear no interest Refunds shall be payable only to the original applicant or applicants. Upon death of applicant, the right to refund shall termin--te. CITY ehal_c not be liable for, payment refund by reason of its failure to collect or receive from any person or entity the water service fee. If a -developer who develops propez c.y served by the FACILITY ?s required by CI`IY as a condition of development to construct L-1itional facilities, BUILDER agrees that CITY may allow said developer credit toward the water service fee, and no reimburse- ment fees shall be due BUILDER by reason of such construction. In the event CITY does not requLre a developer to deposit the water service fees with the CITY prior i:o or concurrent with develop- ment, CITY may enter into an agreement with said developer stating that said developer is obligated, not only to the CITY, but BUILDER, and to developers wlio have prey° .ously contributed to the cost of co-struet.i,on of FACILITIES constructed hereunder, to deposit said fee with CITY. The CITY shall not be required to pay attorney fees cr court costs for any breach of :his agr-3ement. In the event his agreement conflicts with or contradicts any CITY ordinances, the orditaance provisions_ shall prevail over the terms of this agreement. (Rest of this page not used) WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this 'A day of �01 19��__. ATTEST: 1_��,•,G��crt City Clerk RE"� WED AND APP - VED �-� ty P,dministrator CITY OF HUNTINGTON BEACH (CITY) icipai corpo ion k Mayor JA7;LI_S�COMPANY Plk By. - INITIATED AND APPROVED .AS TO CONTENT; director Of lic Works A_ PROVED AS TO FORM: City Attorney i'- T z r IT '. 11 RUO�� Mv� 4Wv S I MO—cia1CA rgEFf s r- bk City of Huntington Bead. .... P.O. BOX 190 CALIFORNIA 9W44 OFFICE OFF THE CITY CLERK: ,janber 20, 1977 Janes Company 17932 Sky Park Suite Irvina, California 9273.E Dear Sir: The City Council of the City of Huntington reach at- its regular meeting held Monday, December 19, 1977, approved Reimbursement Agreement No. 77-W3 for offsite water mains built in conjunction with Tract No. 9404. We have enclosed a duly executed copy of said agreement for your files Sincerely, Alicia M. Wentworth City Clerk AMW:bt Enc. V N Imm P.O. BOX 490 CALIFORt�f& `7C ENGINEERiNG DEPARTMENT DEC 12 1977 CITY OF HUNTINGTON BEACII TO: Honorable Mayor and City Council 7--- -PP-P, -o -v ADPOINISTRATIVE OFFICE L R_� ------- - - ATTN: Floyd G. Belsito, City Administrator 'ED FROM: H. E. Hartge, Director of Public Wor s DATE: December 7, 1977 SUBJECT: Reimbu--sement Agreement No. 77-W3 Water Main Construction C1 Transmitted herewith is the subject agreement between the City and Janes Company for offsite water --ins built in conjunc- tion with Tract 9404. RECOMMENDED ACTION Approve the agreement and authorize Mayor and City Clerk to execute same. ANALYSIS Janes Company has constructed water mains and appurtenance to serve Tract 9404 and adjacent properties for total cost of �23,913.00. The reir,,='.)ursable amount is calculated as follows: Total job cDst of faci"Lit.' $23,913.00 Lesk, cost of requix---id fac-111'_ies for Tract 9404 (20,613.00) Gross Reimbursable 3,300.00 Less 10% per Huntington Beach 330.00 Municipal Code Sect' -ion 14.20.60 Net reimbursable $ 2,970.00 Payment of the above amount will be made from fees charged to builders who develop pioperty within the service area. FUNDINIG SOURCE Reimbursement will be made from the City Water fund. HEH:.J*TIW:mc