HomeMy WebLinkAboutJANSVU PROPERTY'S, INC - 1979-08-06RRIMBURSEt,ENT Ac REEICHNT BE' WEEK J'A14SVU
PROPERTYS' XNC. AND THE CITE' OF HUL "I vGTON
B,EACH cGR CONSTRUCTION OF A STORM t{RAIN (79--DI)
THIS AGREEMENT ec:tered into by and between the City at
Huntington Beach, a municipal corporation, tereinafter for con-
venience referred to as "Y,, , and ,7ansvu PropertyO Incorporated,
A California Corpor Ation , hereinafter for ronven; ance referred
as "BUILDER"
wITNESSBTHs
Recitals-
1. BUILDER, pursuant: t- agreement With CITE', has, at his
own cost and expense,, construM4ed 309 Lineal feet of 336" R.C.Pt,
hereinafter r`: ferred to as "VACILITIES" , to serve BUILDER'S de.
vel opmen - known as 17592 Cameron Street and adjacent Properties.
2 Said EACILS TES are part of the CI'TY' S Master Plan of
drainage and have; been ccrtstructed in conformance with the plans
and ss.eaifications approved by the Director of Public works o
CITY and ha re been des? ,sated to CITY,
3, CITY 4esires to reimb .xse BUILVtR for the cost of con . ,
strn,ctimi of said FACILITY Z as provided by CITY'S Municipal
r:
Code, Section 14.43.070..
1HtPEFME, in consideration of the covenants and agreements
ereiii cont;xined, the parties hereto agree as follows.
Cast of Faci litiet, and Area Served:
BUILDER, has constructed at a total cost of
toaster plan storm drain to serve 17592 Cameron Street and adjacent
��, ,
properties-. Exhibit "A", attached hereto and made a part hereof,
is a map of the --ea served. BUILDER has dedicated .said rACILITIES
to CITY.
Refund::_
The refund to be pod to "BUILDER, nut of avail.-:,bl.e fun,-'�,
ande;: this agreement is follows:
%-otal job cost of facilities $10,9m5J
ry
Less 10% pe Puntingtan reach
Muni,cir-si Vic,. r gecti.on 14, 48.070 (c) 1,098.05
'
Net Refundable P-^ount $ 9,082.45
Conditions:
Ref;ends shall be payable for a period of five (5) years
friar.► the dates of BUILDER'S aupli(^ation for the construction_ of
the 01rainage raci lity.
Refunds shall not exceed ninety percent (90-W) of construc-
tion costs.
Fees shall be collected, deposited and expended pursuant
to Sections 6f 483 and 6 ,487 of the Government Corte of the State
of Californiaand all other laws of the State of California..
No tefurzd shall be made by CITY to BUILDER until. the
Direztor of Public Works shall certify in writs ig to the
)'=."land: Director; that fees have been collected in the drainage
area sea,,,ved .by PACILI^IES and that there is a positive balazice
in Drainage District Ro. 3 fund to refund Builder.
4 Ir` -- . ill not be liable for vaymcnt of f;aiy ref=d by
reason of its fa'.lure to collect o4 receive from any person
or entity the ilrai,nage fee. If a developer who develops properf"
Ze'VVed ia, the EA,CTZ'ITIES constructed by SUII.?ER is required as
2.
a condition of development to construct additional facilities, �?
CITY ma-, allow said developer credit toward the drainag: Lee, �
and no ;Fees shall be due BUILDER by reason of such von4truction.
In the event CITY does not require a developer to deposit
the drainage fee with the ca"TY prior to or concurrent with
development, CITY may enter into an agreement with said developer
stating that said developer .is obligated. --ot only to the CITY,
but to BUIT,DER, and to developers who have previously contributed
to the cost of construction of facilities conmtructed hereunder
to deposit said fee wi'ch CITY. The CITY shall not lore required to
pay attornoy's fees or court costs for any breach of this agree-
ment.
In the event this agreement conflicts with or contradicts
any CITY ordinances, Such ordinances shall prevail over the
terms of this agreement.
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WITNESS OUR HANDS AND SEALS the day, month and year aPpear .ng
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be low .
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Dated this day of
9� , 19V
CITX OF HUNTINGTON BEACH
a munic:.val corporation
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ATTEST
Mavor
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APPROVED AS 0 FORM:C
�U; .. L..++'
i t Clerk
APPROVED AS TO CONTENT:
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At#-orr.ey
Ci !.dmlra.strator
�2ldiT U ANPROVED.
i eator v _ bias . , 'ks
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GC' Pj Y OR
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47
Ma{'u,rt 714
1
QUEST FOR CITE 11"W'OUNCIL ACTION
'tcbmitted by Michael Zambary 1?s.. e�Trr;ent FubZ�c Works � ... .
Date Prepared J-Uly ? , i979 Backup Msterist Attached Yes No
3,bject Reimbursement Agreement 19-Dl Approval - Jansvu _Pxoverties
City Administrator's Comments
Approve as recommended
Statement of Issuer Recommendwtion,Anxiysis, Funning Sourfx, Alternative Actions: � •
Statement, of Issue;
Jansvu Properties seeks the approval of Reimbursewxe7w Agreement 79-D). for
cor.�'' rucat ion of a storm drain.
Reco=endation;
Approve the Agreement which establishes a maximum possible reimburse, -
of �9,,082.45.
f, Jansipt Properties ham cortstructed a storm dram. "wo serve Cameron Strp
and Meeks reirbursemant aneier Section 14 , 48. 070 of the Ci ty's Muni.ci x-,
Code. Thp attached Agreement, No. 79_p,l, complies with the Code: a-ril
sets the max i.mum possible reim!aurseinent, a c $9 , S 8 2 4 5 .
�uz��li�g spurce fi
Reimbursement will be friom drainage District 3 funds z s coxanecti.xut:
charges are col.ier:ted,