HomeMy WebLinkAboutLAND EVOLUTION, INC - 1975-07-07I
f
0
REIMBURSEMENT AGREEMENT
7 5--S 2
THIS AGREEMENT entered into by aaa between, the City -of
Huntington Beach, a municipal corporation, hereinafter for
convenience .referred to as "City", and Land Evolution, Incor.-
porated, here na; ter :for convenience referrpO to as 'Builder".
W MIRUAS, Bui7.dear, pursuant to agreement with City hac r at
his own c,3st and P>Tense, constructed sewer facilities,, herei.r�
after referred to as facili;:ies, any, said facil Pies have been
constructed in conformity with the plans and sp(Fcifica+-ions
approved ,by the n "ector of Puhl.c Works, of City, and have
been uedica`_e; to City, and City desires to .rei:-,biL-se Builder
`
for a portio; of the cost of the constr-..ct ,on of said fac$..titaes
s , prow .dec, b; the ordinance code,
NOW, ITHEREEj't RBIF ia con_;iderat:ion of the premises and
agreements herein contained, th,_ parties hereto ak_^-ee as follows:
�s»'
Builder has construcce , at a total cost oY $2,910,50 a
r :
sewer *:a.np and appurtenances to serve Oswego Avenue from Alabama
h
Street to 247 feet east th.ereuf adjacent properties. (See
Exhibit A attached hereto and made a part hereof :for a map of th%
area served) and has cedicat,ed said facilities to City.
fa
The ref*.;nd: to be paid to Builder under agreement is as
foils, s t
Total job cost of :facilities $2,93a,50
Less; 50% required to be built $1,469.75-
by developer
Gross refund-�Lble $1,469,75.'
9011, per Mintington Bead;
Ordinance Code $astion 3545)C)
Net r-af=dable $1,322.75
ro
t'
Not
No Y,,ft,rd stall be mode by City to Builder until the Dire, -tor of P'ublir
Works shall certify in -- iting, to the Finance Direttor that Builder is
entitled to a refuni .)y reason of connection having been oade to facilities
in aLcardance -Ath the Huntington Beach 0-rdinance "de, and that City bas
received the fee for such connection.
City shall not be liable for paymprit of refund by reason of its failure
to ctilect or receive from any person or Pntity the, connection fee. Iloweyer,
City agrets, frc,4n an adtinistrative, legislative or qaasi judicial procedure
to protect the interest of develcpers, either individuals or ertities, who
have previously constructed sivillar facilities, by the collecting fees, either
pr'*+r to or Concurrent with the development, or any property served by the'v"'
facility tonstru.,ed 6aider lt'�;s agreempTit- if a developer who develop.4 property
served by the facility constructed by Builder is r,cquired as a con-'ition of
deVelopMenL to c)nstruct additional facilities, City may alloy said devellper
tredic to*ward thf, per acreage fee consistent with ants said agrecoment; and no
fees shall be due Builder by reason of watch constiuL,-xon.City further agrees
to furnish �Y copy of this agreement tf- the develciper t�f any properties served
by the facilities dezcribiM herein.
Tn the event City does not require a developer to dvpo6t the cortnertiozi
fee with the City prior to or c4,Vverrent with develqpment, City will provide
an agm€ meat with said devela--r that said 4ev,:Ioper is obligated, not only
to the City, " it to BuiLdert and tc> zevolopets who have preveusly contributed
to the cost of construction of fat-i'lities constructed hereunder tQ deposit
said fee with City; said agreer-c-nt vill further provide that in the event
then it becomes nei:essary to in; ;titute legal pr-.,revdings, eithor by the City
or by Builder or developer:, who have previously contrIbuted to the test of
such facilities, to vuforts, the rights of the partias thereuvider, that zhe
prevailing part,, shall bv Qntitled 'to reasonable atwrney fees; provided,
however, that the City S� Ji not be reqvired to pay the attr,-ey fees for atly
of the parties.
4"
It is understood that the pity is not required to institute legal
proceedings to prt,tect the interest ,f the Builder, but may do so.
!:�ZTNES.S OUR HANDS' AND StALS the day, mi%mt.h and year appearing be3,ow
GATF11 this.,�t "` dey of 19 -�—
Ci T1 OF O ITING"FON BEACH,
a �nuncipai; c,rporawiac
aK3yOT
ATTEST:
City Cl-rlk
APPROVED AS TO FORM
byAT--FROM AS TO 101W;
APPROVED AS TO
City Attoriawy
I i ",;PONIK
UTYADMMSTRATOR
�.3Y?..TLEti �S:r i�.Atg4i AJi.iC t7\Ad iaaaii4� a. � �� 1dj ..
-June 12, 1975 i
l
Honorable Mayor
and, City Council
City o4 UU ti.ng�ton Beach
Attention: David D. Rowlands
subject Reimbursement Agreement,
Land: Bvolnf-iop incorporated
Deax, Council- Members
Transmitted herewith, is a re znburser .t agreement
batWeen the City and Land Evolution lncortparated of
Vew,port VAach for sever facil tie built in Oswego
Avenue between Alabama and Rmatington Stxeet.s. Fees
will be collecte4 from subsequent development in the
area to refund. the. $1322.75 to Land Zvolutio,nx Inc.
recommend your i conaxabla Body exec.-ute the agree-
ment,
Very txuly yours,
`.� Ile,
"
brans.: