HomeMy WebLinkAboutLAND EVOLUTION - 1975-07-074
REIMBURSEMENT AGREEMENT
75-S2
THIS AGREEMENT entered into by and between the City,of
Huntington Beach, a ;municipal corporation, hereinafter fir
convenience referred to as "City", and Land Evolution, Incor-
porated, hereinafter for convenience referred to as "Builder".
WHEREAS, Builder, pursuant to agreezent with City has, at
his own cost and expense, constructed sewer facilities, herein-
after referred to as facilities, and said facilities have been
constructed in conformity with the plane and specifications
approved by the Director of Public Works of City, and have
been dedicated to City, and City desires to reimburse Builder
for a portion of the cost ci, the construction of said facilities
as provided by the ordinance code,
NOW, :?'HEREFORE, in consideration of the premises and
agreements herein containedr the parties hereto agree as follows:
Builder has constructed,, at a total cost of $20939.50 a
sewer line and appurtenances to serve Oswego Avenue from Alabama
Street to 247 feet east thereof and adjacent properties. (See
Exhibit A attached hereto and made a part hereof for z.snap of the
area served) and has dedicated said facilities to City.
The refund to be paid to Builder under this agreement is as
follows
Total job cost of facilities $2r939.50
Less:. 50% required to be built $1,469.75,
by developer
Gross refundable $1,469.751
90% per Huntington Beach
Ordinance Code Section 3545)C)
Net refundable $1.1322.75
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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
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington Beach Ordinance Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reasor of its failure
to ccllect or receive from any person or entity the connection fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to protect the interest of developers, either indiviJuals or entities, who
have previously on_,tructed similar facilities, by the collecting fees, either
pricr to or concurrent with t;. or any property served by the;
facility co=istructed under this agreement. if a developer wl-,o develcps property
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities, City may allow said developer
crAdlft toward the per acreage fee consistent with this said agreement; and no
fees shall be due Builder by reason of such constructionCityfurther carees
to furnish a copy of this agreement to the developer of any properties served
by tiie facili tieG described hrrein.
Its: the event City does not: require a developer to deposit connection
fee with the City prior to or concurrent with development, City -11 provide
an agreement with said developer that ;aid develop.-r is obligated, not only
to the City, but to Builder, and to develo-ers who have previously contributed
to the cost of construction of facilities constructed hereun&�r to deposit
said fen with City; said agreement will further provide that in the event
that it bec-mes necessary to institute legal proceedings, either by the City
or by Builder )r developers, who have previously contributed to the cost of
such facilities, to enforce the rights of the- parties thereunder, that the
prevailing party shall be entitled to reasonable attorney feed, provided,
however, that the City shall not be required to pay the attorney fees for any
of the parties.
-2-
It is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below,.
DATED this day of_ _, 19
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST:
City Clerk
APPROVED .AS TO FORM
by
APPROVED AS TO FORM:
DON P. BONFA APPROVED A83 T MN ! IT
City torney
By: =y v'" fC1TS' .ADNUNISTRATOR
Deptty City ttorne
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P.O. Box ISO CALIFORNIA W
OFFICE OF THE CITY CLI?ItZ
August 14, 1975
Land Evolution, Inc,
2072 S. E. Bristol Phreet
Newport Beach, California 92660
Gentlemen
The City Council of the City of Huntingtoin Beach at its regular
meeting held Monday, July 7, 3975, approved a Reimbursement
Agreement between the City and your firm for sawar facilitieo
built ih Oswcgc avenue 'between Alabama and HuntingLin Street.
We are enclosing a copy of said agreement for your records.
Sincerely yours;
Y
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Alioi.a M. Wentworth
CityClerk
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Huntington each
P.O. BOX 190
CALIFORNIA 92640
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OFFICEEar
THEary CLERK
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July 9, 1975
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Land Evolution, Inc-
2072 S. B. Bristol
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Newport Beach, CA 92660
Gentlemen:
The City CourN, . he City
of Huntington Beach at its regular
meeting held —.:- 'raly 1,
1975, approved a Reimbursement
Agreement betwk_ r City and your firm for sewer facilities
built in Oswego- ,e between Alabama and Huntington Street.
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We are enclose,.,, � .< - :rigina l copy for your signature. When
signed, pleasi r-;.ixxt to our
office and we will forward a copy
for your rep
;q
Sincerely your.
e'
Alicia M. 'Wentworth
City Clerk
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Enclosure
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City o urn n ton Beach
P.O. BOX ''9a CALIFORNIA 62646
June 12, 1975 l
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Honorable MayQr
and City Council
City of Huntington Beach
Att .3ntion Y bavid. D , Rowlands
SubJects Reimbursement Agreement,
Land Evolution lnearporated
Dear Council members:
Transmitted herewith is a reimbursement agreement
between the City and Land Evolution Incorporated of
Newport Beach for sewer facilities built in Oswego
Avenue between !!,labdzrta and Huntington Streets. Pees
Will. be collected from subsequent development in the
area to refund the $1322.75 to Land Evolution, Inc.
recommend. your Honorable Body execute the agree-
ment.
Very truly yours,
77t—
;oire.,stor `of Public Works
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