HomeMy WebLinkAboutKING Y. CHAI - 1980-11-03City o Huntington Beach
° P.O. Box ISO CAL1;=f9F UTA 9261
' 0 FF'ICE oF rF CITY CLERK
November 4, 1980
King Y. Chai
K & S Development Company
751 .. 25th Street
Santa Monica, California 90402
She City Council of the City of Huntington Beach at its regular,
meeting held Monday, November 3, 1980 approved Reimbursement
Agreerr,ent 80-'W2 with your firm for the construction of a water
main to serve your development at 16248 Pacific Coast Highway an.
adjacent properties.
Enclosed is a duly executed copy for your records.
Alicia M. Wentworth
City Clerk
AMW:js
Enclosure
fir.-
REQLMT FOR CITY OC I ATE
Submitted by Paul E. crook - "_. Department Pii>hiin wnrkc
Date Prepared October 24 19 P Backup Material Attached � Yea � PSG
Sut:;ect Reimbursement Agreement 60-W2 (King Y. Chai)
City Administrator's Comments
-,By
B y' C) CITY cQixNX2x
Approve as Recommende..
.3 {
Statement of Issue, Recommendation, Analysis, Funding So+rrce, Alternative Actions:
Statement of Issue:
Mr. King Y. Chai seeks approval of Reimbursement Agreement 80-W2 for the
construction of 405 lineal feet of 8 inch A.C.P. water main to serve his de-
velopment at 16248 Pacific Coast highV7ay and adjacent properties.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $2,441.79.
Analysis:
Mr. King Y. Chai will construct 405 lineal feet of 8 inch water main to
serve his development at 16248 Pacific Coast Highway and ;adjacent proper-
ties. Facilities will. be constructed in conformance with plans and
specifications approved by the Director of Public tlorks.
funding Source:
Reimbursement will be made from water connection fees collected from
builders who develop ,e adjacent properties.
PEC:DRN:jy
+" t
No "a
r
<'.0 ; r.'..,
REOMT FOR CITY
Submitted by Paul E. Couk�#_� Department __ p»biso Wnr��
Date Prepared �2 , 18� Backup Material Attached MX Yes no
Subject Reimbursement Agreement 80-W2 (ring Y. Cnai)
Cityr Administrator's Comments
! .1.PFR0G�'7] 33I' CiTi' COUNCIL
Approve as Recomme.ndttd,
Statement of iswe, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue:
Mr. King Y. Chaz seeks approval of ReimJ:;ur-sement Agreement 80-W2 :foa the
construction of 405 lineal feet of 8 inch :A.C.P. water main to serve his de-
velopment at 16248 Pacific Coast Highway and adjacent properties.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $2,441,79.
Analysis:
Mr. King Y. Chai will construct 405 lineal feet of 8 inch water main to
serve his development at 16248 Pacific Coast highway and adjacent proper-
ties. Facilities will be constructed in conformanc. ^ with plans and
specifications approved by the Director of Public Works.
Funding Sources:
Reimbursement will. be made from water connection fees collected from
builders who develop the adjacent properties.
PEC:DRN:JY
PIO un
N
M
11
REIMBURSEMENT AGREEMENT 80-W2
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 30th day of
September 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and KING Y. CHAI, an individual, hereinafter
referred to as "CHAT,"
R E C I T A L S
WHEREAS, CHAI, pursuant to his agreement with CITY, has, at
his own cast and expense, constructed 405 lineal feet of S A.C.P.
water main, hereinafter called "FACILITIES," to serve the develop-
ment at 16248 Pacific Coast Highway and adjacent properties; and
FACILITIES have been constructed in conformance; with the
plans and specifications approved by the director of 'Public Works
of CITY; and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse CHAI for a portion of the cost
of the construction of FACILITIES as provided in Huntingtcrt Beach
Municipal Cade, Section 14.20.060.
AGREEMENT
NOW, THERE OTIZ >, iv consideration of the covenants and agree -
menu herein contained, the parties hereto agree as follows:
l CONST.RUCTION.
C^HA! has constructed FACILITIES at a total cost of
$10,475.00, to serve 16248 Pac;.fic Coast Highway and adjacent
properties. Attached hereto as 8Xhibit "A,`and by this xefmren�
made a part hereof, is a snag of the area served by FACILITIES.
2. DEDICATION.
CHAT lhwi deGi ica.ted YACILITILS to C i'PSF
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3. REFUND.
The maximum refund to be paid to CHAI under this agree-
ment is as follows:
Total job cost of FACILITIES . . . . . . . $ 10,475.00
Less CHAI's portion . . . . . . . . . . 7,761.90
Gross refundable . 2,73.3.10
Less 10% per Code Section 14.20.060(c) 271.31
Net refund . . . . . . . . . . . . . . . $ 2,441.79
Refunds shall be payable for a period of five (5) years
from the date of CHAI's application and shall bear nc: =.nterest.
Refunds shall not exceed ninety percent (90%) of off -
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to CHAI until the Director
of Public Works shall certify in writing to the Finance Dizewtor
that CHAI i.- entitled to a refund by reason of connection having
been made to FACILITIES in accordance with the Huntington Beach
Municipal Code, and than. CITY has received the water service fees
from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
cor.structed by Ci-zAI is required as a condition of development to
construct additional facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreement,
and no fees shall be due CHAI 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 enter into an agreement with said developer
stating that 'said developer is obliSated, not only to the CITY but
to CHAI and to developers -who have previously contributed. to the
cost of construction of facilities constructed hereunder,.to
deposit said fee with CITY.
6. 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 connectiog into FACILITIES constructed by CHAI.
CITY's refusal to allow any connection or connections
into FACILITIES constructed by CHAT shall not make CITY liable
for any refund which might have accrued to CHAI if ich 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 conr,ecti.on fees and shall aot be
liable to CRAI for refund because of said connection.
S. ATTORNEY'S FEES.
CITY shall not be required to pay attorney's fees or
court costs for any bieac-, of r%is agreement..
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
IN WITNESS WHEREOF the parties Hereto have executed this
agreement on the date and year first above written.
-3-
ATTEST: INITIATED AND APPROVi;
Direct( fWorks
REVIEWED AND APPORVED: KING Y. CHAI
an individual
Acting city minist-rator bjr
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