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Home My WebLink AboutJOHN DE LEONARDI - 1977-10-03FPS !) » � :E.��, r+eta . „• ,y r .. •°*r +�./ i, ` .fir , REVOURSEMENT AGREE NT 77-W2 KATER MAIN CONSTRUCTION THIS ACREEM&RT �ntere.d into by anu betw-en the CITY OF HUNTIMTON BEACH, a -municipal corpor4tion, hereinafter referred to as CITY, .and JOHN DE UEORAPH—", hereinafter referre+4 to as BUILDER, 11HEREAS, BUILDER, pursuant to agreement; with CTT'.t has at � rr his own cost a�td expense, constructed $49 lineal feet of 6 inch A.C.P. wager main in ;"yp:revs Avenue he,reinaf-.er referred to as FACILITIES, to serve B-UILDLER lE development: known as t:ht- east 95 Zt4et of Lot 4 of Erick E of T.raet 436 (AP#111-383-12) and adjacent properties .located cn the north and south sides of Cypress �z1venue hett�=ee �r Elm H y� yet and, 713 feet 'west of Elm Street, and said FACILITIES have been constructed iu conformity with the plans and, specification approved by the Director of Public Works �,- C:ITX .,nd have bc-an dedicatee tc CIIV4 , and CITY desires to reimburse BUILDER for the cost of the cozzsf""etion of said water line, as provided by the CITY°S municipal code, NOW rk OR ix' consideration of the covenants and agrei:merts Baer: earn cant~ Uned, tho parties hereto agrae as follows; BUILCEH has constructede at a total cost of Mf'3.00, a water main li-ne and appurtenances S to serve SiT L )ERiS £'VE' i3piXi.aac4`< ai:d -adjacent properties, Bxlhxbit "A", ,attached hereto and :grade: a Part; �x ` Lereof s a map of the area serv,.4 - Z01, 7�R nay deekica ted sail VACIIIMBS to Cll ,. The refund to be ;paid to BUILDER, att of available finds under this ailreement is as follows-, } u Total V:J. cos of 4 Yacn.F.l.�. Lnin...�J. 8 l 9 11 J a. iJ V •...r.Mq` Less HGI,LI)BR'S Portion ip k. Gross refu.,liable 6r94 .Qd Less 10'% t--r Hunt, gton "llleacii Municipal 695.t)o Cote Section 34-*7 T..06E2 ¢ � Net refundable $6, 252.00 ��` x go refund shall: be made by CITY to BUILDER until the Director Of public i or15 shy !1.1 certify in wriLing to the Finance Director that } BUILDER is entitled to a refund by :reason ofconnection having :been made to PACIDITIES in accordance; with the Huntington Beach municipal �' u Code, and that CITY has received the water service Fees from the area Refunds shall be payable for a period of five years only from the date of applicant's application for ..4in line extension. Refunds shall be made form subsequent development at ti c: rate of five dollars and cents ($5.56) a front foot in accordance with Section 14.12-010 of the Huntington Beach tii nicipal Code. 1 AefQnds shall not exoeed nine.'ty 'percent of off -site constLuotion wy y Refunds �*hal.l Lear no interest. Refrurads shall be payA-.)le only to the oria1ital applicant or app 'ants.. Upon, death of applicant f thY right to --efund shall tl rminate . CITY shall not be l y ablz for payx a,�!r,t refund by reason of its failuria to collect or recei.Vofro-A any person or entity the era,.>wr sezVice fee. If a developer w1io develops property served by tha t� FACILITY i_ reVired by CITE as a oondition of development to cox�struc additional facil-ities; BUILDER agrees that CITY may allow said y developer credi+- toward the water service fee, and no reimbursement fees be by shall due BUILDER reason of such construction. In the event CITY doss not require a developer to deposit the ' water service fees with.. the CITY pric;r to or copcurrrent with 4evelop- ment, CITY may ent,2r nta an agreement with said developer stating �rf that said developer is obligated, not only to the CITY, but BUILDF1, and to developers who have previously contributed to the cost of construction of FACILITIES constructed hereunder, to deposit said ree with CITY. The CITY shall not be required to pay attorney ` s lees or r' court costs, for any braach of this agreement. In the event this agreement zonflicts ,:ith or contradicts any CITY brdinazces, the ordinance provisions shall prevail over the terms of this aur,eement. (TEST Ce THIS PAGE NOT U, } i i I i kI f , WITNESS OUR FA DS AND SEALS the day, month and year a�,pearing below. DARED this day of._ 19 77 ATIT ST: City Clerk REVIEWED AND APPROVED., t City Adnminxstratox CITY OF HU14TINGTON BEACH (CITY) a minoipal oordoration Kayo aohn De Leonardi (BOILDER) S YCAriff CWE . t s4 T 25. x � � j( e k , Yv1 lu n �� ! gsn.I•: µ k a _ems . � "��•�; l�it��'! ��£t_��4'C� �4��i �b �t�P i t x* ..yy. Submitted to; Submitted by: �' vpared by. S u bi 6-.t ,, REQUEST FOR CITY COUNCIL ACTION April 13, 1981 Date Mayor and City Council Charles Thompson, City Administrator Paul E. Cook, Director of Public Work Reimbursement Agreement 77-W2 BY CITY CO` NC.1 , N— Backup Material Attoebed: [X) Yes j ]No Stitement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions. Statement of Issue: Mr. John DgLii-0-na:rdi has monies due him under Reimbursement Agreement 77-W2. Recommendation: Adoptthe attached resolution authorizing a payment of $494.90,in accordance with Reimbursement Agreement 77-W2, to Mr. John DeLeonardi, Analysis: In conjunction with the development of his property at the no,- "-:-ast corner of Cypress Avenue and Blm, Street, Mr. John DeLeonardi ...,ucted water improvements for adjacent property owners. On October f the City Council approved Reimbursement Agreement 77-W2 Authk, a maximum refund of $6,252_00 to Mr. DeLeonardi. Funds have be,--4 °'ected from an adjacent pzoperty owner and, therefore, Mr. DeLeonard -e- quested payment per the Agreement. Pundinq Sourcc-; Water fees 5T-�494.90 have been colleoted.frort an adjacent ov'ner and, deposited iiito the account for this Riaimb-arsemeo 4ent. Alternative Action: Nl%. f A RESOLUTIONi�U.. 4991 A. RESOLUTION OF THE CITY` COUNCIL OF THE CITY 01? MNTZHC TON REACH AUTHORIZING PARTIAL PAYv } WHEREAS, the il of the City of Hunt :b V60 Roach adopted a budget ,` al Year 1980-1981 by Resolution 140. 53 and pro- cedure for authorizing expenditures from special, f'unda and The Direotor of Public Was �,:3 find City Adminlotra.tor have r000mm.ended an expenditure, and the City Council hereby approves TREREVORE, RE 1T MOLVED by the City Cbunell or the City of Huntington Be ach that partial payment can Reimbursement Agreements No. 77—W2 in the at= of $494,190 from the water, 4.td is hereby authorized to be made to ,aobn tie %evnardi for con- t strgction of grater tprovstgenta PASSED AM� '.DO TBD by the City Qovaie.il of the City of 4 Huntington B4O8-:,h a ,^egujar meeting tbereat head on the 4th day of May mayor PTTMT: APPROVED AS TO 1VORM; C- Ae Cit t A tr�rtey City lnf a Fran r Jrirel� or of P tb� io' Works �b r� S S& B OF CALIFORNTA cOcNV. OF OWGg C-IV or RIM A&ICIA M, VEM1dOUH, the duly elected, quart.;� City Clerk of the City of Huntington Beach, and ex-officio Clerk �f fhe � ' City Council of said City$ do hereby ertify that the wrholt ij gr of members of the City Council of the City of Huratington Be4o 1# #even; u that the foregoing reoolutior was passed and. adopted by thj4 gf f4rmativt+ vote of more t4 mn a ses 4ority of all the mwbe a of said QjUy fl,ounci °. . at a reevjAr uvtatinj thereof held on the _ th day of",,, i n' , .. by the following wtstet AYES-. Couacilrow i5jer, Ejoley.Bailey, Mandic, Kelly, City of Huntington Beach P.O. Sox 120 CALIFORNIA 92648 ENGINEERING DEPARTMENT 2 7 t977 TO: Honorable mayor and City Co?ancil ATTN: Floyd G. Belsito, City Administrator FROM-, H. E. Hartge, Director of Public Wo DATE -, Sept 4mber 19, 1977 1 SUBJECT: Reimbursement Agreement No. 77-W2 CITY OF HUNTINGTON SEACtj CITY COUN""' STATEMENT Transmitted herewith !a a reimbursement agreement between the City and John le Leonardi for a water main line installed Ln Cypress Avenue at his expense. Fees will, be vollected fro r the area served to pay the reimbursable amount to Johr, De Leonardi. RECOMMENDtO ACTION Approve the agreemeAt and authorize the shlayor and City Clerk to ee,ecute same. ANAJILYSIS Mr. De Leonardi has, at his own cast and expense, constructed z, wAter main and appurtenances to serve his development at the northwest cL,,,ner of Cypress and Elm and adjacent properties for a total cost of $8,903.00. The amount that Mr, De Leonardi is entitled to have reim7 bursed is calculated as follows: Total Job Cost of Facilities $8,503.00 Less: De Leonari's portion.�f water facilities Gross Reimbursable $6,,_'47.00 Loss: 10% per Huntington Beach Municipal 695.00 Code, Section 14.20.010 Not Reinburrible $6,252.00 Vnyme,at of the above amount will be made .from subsequent develop,- ment as set forth ir* Section 14,12.010 of the Huntingtoa Beach S'urUcipoj' Code., ,VUNDING SOURCE Aefuoas will be made from the Water Fund. ME it ..'314W ZC