HomeMy WebLinkAboutMAYFAIR CONSTRUCTION COMPANY - 1975-10-06tom„
THIS A{GRE-EVILN" entered into by and between the CITY
OpHUNT111voN B-VAC, a �xn �ciz at '"POrati0n, :'e yel a -ter called
cxs'r# and kAI??3y''€t:$i".`'At;fi, here
�zu`teraIed
T"s':i,'suantS 0 its agreement
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"4z at '" i s Cak+X s s
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inch RCP pipe, C
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structllre�, k]e,re1naf'te �a jca •4 M 'Tt �•vypn is «,{{�,,
t C�.<3, L,k Z;p3 s :'t FX ��1.:x�sx.+a�"+r� iAG""�x>�•e
been or$tructed 'n cOnrOrmance Wil-b she
have been 1--'l-oatea' ass:j s"��x� ` � x�ex �bF��� e
BUILDERJ`€�r a "'t^s�`tjr54� ` !t:;z?: ;�s' `�h�' <",onstf*uk"'tion C#
FACILITIES
a PrOvI�-4ed by 'C4 T� t l $4• � to p, x r
x a.
NOW, Tx :RE;`0F � `f+f � �3 � � . c4�t3 irk + covenant
.,a co x. y � the covenars� and
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sd 5,u�a.3 �akas ,M' q+r }Y 4si =.�MC'y r. ♦. 'Ot`�r T $h3P+�r
c00
and C!i'urCr4:nane'Msnr.tyi .+e
and
adjacent r 4ae.t1.'�vs+ r-Th kbit "A,," ttae-he hevP- tO and made
part bexwe jxx 1z a map Of the area served, 54U L M ha!� derlIGa.te
VAC jjttj�XES to CITy,
4ze Maximum ref4nd to be Paid tO SUILDER under ti,
is
Agreelvent i z as
``"' fi s
Total. job cost of FA.CILITIM $1. , 375. 00
Less ten pere�nt ( 1C%) per Cif,"X ' tip.
Municipal ¢^aide Secticz:, 14..070cz,837.5
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Mla.xi,mu,, refundable, conditioned on
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funds being available -n Cradna_ge
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District No. u f=lyir 3k3,�3T.t 3
Refunds shall be payable for a peg,i.ac ofive �years f �3�e s�}
,
p
from the date; of avp.t.i^ant's appilQatlon,
F efunds cha I L—ix- f--4 .. -7est
Ref trds shall n G exc e.i ninety percent t90 3 of off-
'
site constractior. '�Osts.
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Funds have been tvxrp .nded or �.raina, e D.isltri� t 'No, 9
Iri ac eordwnC:e with !'xVeZnFnis Code Sections 66433 a�� 6zx wj
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iefunds are payable only frcr, a positive balance available its
said districtts fend.
110 refund zball be made by vI t B*UI.`w.DER. until the
Director of Public Worksshall certify in writing to the Finance
D�jirrreee'��toyr��q�a;,` ate bc?etn+} collected in dra�i naFe area t refland
Ctees {b.Z�.ve+
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F.i�„RXi+{. ZIR «1�I'.i 1 bl� a gtu Yawl v���3+3':`ir SA..cttng FACILITIES-'
CITY shall ns�t be liable t"or payment of refs: nd by reason
of its failure to, collect or receive from any Baer,on or en'Li y
the drainaae fee, or by reason of e xpe:ndi.ture!). matte D,t rsuant. to
00vernnent Code Sections 66483 and 66487. CITY agrees tc use guund
faith to proton the interest of developers, eithzr individuals
or entities, ,.,; have previously constru4ted similar facilities,
by collecting the fees, either prior to or P,,,= zrrent. with the
i
development of any property served by the facility constructed:
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Fw+ AVECS, WM: hti 7VS
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under this algreement. If a devel€r-r Vrho des.elons property served
by the facility constructed by BUILDER is required as a condition
of development to construct additional facilities, CITY may all.cw
said developer credit. toward the per aMrea e nee consistent Vrith
this said agreement; ar. y no fees psh.�alll be d.�yi�e BIT :�s.:yL E by yr45eja;span
of s�xch acrkstr� ction• :r - .�'�:{ i�.+he a�.;y.rfes to :i �a .n�7.sh a emyX o
this agreement to the de7el. per. of any pro} ertles served by the
FAQ LITIES described h�=rein..
In C:1&e efT eii L. L.s 1.. J. ..+coPu Ia .. t TEE.. q"Af ...T e a '..Aeva.'w'',u`�er �.o deXgosiu ..�
the drainage fee w 4rh the CITY prior or concurrent with develop-
:anent. CITY will enter lnt•^ an agreement 1ri.th said devel.oner staffing
that said develor-er is ob? .f"3,te , ri' t c-,r. y ` : the €wIT'x', but also to
�JILDER and to devel,,pers who have. prevIou: '.;a owntribute;d W the
east of corn tructlon o FACILITIES .,on,tryi ted hereunder to deposit
said fee with CITY, The -17TY thall not be required tO y, attorneys
fees or cour* costs for any bmxr ch of ";his agree m€ nt.
CITY and BIIT D.Er~ `. Heart, -,by nt3'E'.Aal.11 -j x'1?ai.` l4nd that $;ertain
Reimbursement Areement between then parties dated October 14,
1975, mid hereby erzaAr into this new Reizburr4erment A reement; {1 -DI
on the ftte A irst entered below. 1
EXEICUTED In Huntington Beach Claii.terni.a on this the ?A
day ofc , 1.
ATTB$T,: CITY OF HN"r"ING`vON MEACH (CITY)
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RECEIVED MAY
4EIM.BURSEMENT AGREEMENT 75-u-,
STORM DRAIN CONSTRUCTION
RECEIVED OCT 9 1975
TV -IS AGREEMENT entered into by and jetween the CITY OF HUNTINGTON
BEACH, a municipal corporation., hereinafter for convenience referred
to as "City", and Mayfair Construction Co., hereinafter for con-
venlence referred to as "Builder".
e:
WHEREAS, Builder, pursaaa3t to agreement with City will, at his
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t own cost and expense, construct 3861 of 27" RCP pipe, one (1.) catc.,
basin, and two (2) junction structures, hereinafter referred to as
facilities, and said facilities will be constructed in conformity
With,the plans and specifications approved by the Director of Public
Works of City, and will be dedicated to City, and City desires to
'
rainiburse Builder for a portion of the. cost of the construction of
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said facilities as provided by the Municipal Code, at the completion
�
of construction,
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4 KOIJ, THEREFORE, in consideration of the covenants a,7d agreements
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herein contained, the parties hereto agree as follows:
Builder will construct, at a total cost of $17 ,200. OG a storm.
;f drain and appurtenances to serve Drainave District =9 and adjakient
properties. (See Exhibit "A" attached heroto and made a part hereof
for a map of the area served) and will dedicate said facilities to
City.,
The approximate refund to be paid to Builder undez this agree--
Ment is as follows
Total jab cost of facilities $17,200.00
Less 1.0% per Municipal Code Section $ 1,720.00
.14.48. 070 (C)
f Approximate Net Ratundable $15,480.00
Refunds shall be payable for a period of five (5) years only
i ,-om the date of applicant's application to be filUd subsequent tf
' completion: of construction.
Refunds shall :be made from subsequent de�relopment at the rate
per acre developed set forth in section 14.48,050 of the Municipal
i'
;ode.
Red podshzl bar no interest.
Vo refund shall be made by City to Builder until the Director
of Publbz barks shall certify in writing tea the Finance Director
that Builder is entitled to a refund by reason of connection having
been made to facilities in accordance with the Huntington Bead►
Municipal Code, and that City has received the fee for such connec-
tion.
City shall not be liable for payment of refund by reason. of
its failure to collect or receive from any person or -ntity t)ae
drainage f-ee. However, City agrees to use good faith to protect
the interest of developers, either individuals or entities, who have
previously vonstructed similar facilities, by the collecting fees,
wither prior to or concurrent with the development, of any property
served by the facility constructed under this agreement. if a
�
developer who develops property served by the facility constructed
by .Builder is required as a condition of development to construct:
additional. facilities, City may allow said developer credit toward
the per acreage fee consistent with this said agreement; and no fees._
shall he due Buildw by reaso;. :onstruction. City further
agrees t-.o furnish, a .copy of ._ament to the developer of :any
properties served by the facilitieL described herein.,;
;z In the event City does not require a developer to deposit the
draina,4e fee with the City prior to or cc,- urrent with development,
City will provide an agreement with said developer "that said de-
veloper is obligated, not only to the City, but to 'wilder, and to
i
developers who have previously contributed to the cost of construc-
tion of facilities constructed hereundar to deposit said fee with
City; arid. said agreement will further provide that in the event
that it becomes necessary to institute legal prcr*eedings, wither by
the City or k�y 'Builder o developers, who have previously contributed
to the cost of such facilitl.e,r, to , force the rights of the parties
"
thereunder, that the City Phall not be required to pay the attorney
fees for any of the parties.
RECEIVED G 1975
WITNESS OUR. HANDS AND SEALS the day, month and year appearing
below.
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DATED this ,�" .�•�i day of � ���'r t 19 ,-�5�
CITY OF %t7A3TINGTOT BEACH,
a miu icipa . corporation
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City of HuntingtonBeach`�
P.O. "Bd3i 190 CALIFORNIA .91548
ENGINEERING TI)Fi'AIZWEN'T
May 27, 1975
Honorable Mayor' �•r
and City Council t
City of Huntin1tdn each ,
i ,Attentiont Floyd G . Bel.s ito }
Acting City Administrator
Subject: Amended. Reimbursement
Agreement 75-Dl J
Mayfair Construction Co.
Dear Council Members:
Transmitted herewith is a reimbursement agreement between
•the City of Huntington Beach and Mayfair Ctjnstru tion Co. for
drainage facilities built in. Drainage District, #9 at Mayfair's
dense. This agreement rescinds Reimbursement Agreement 75-DI
dated. October 14, 1975. Drainage fees have been. collected in the
area to recuxd Mayfair Construction Co.
i recommend that your Honorable Body execute the agreement.
Very truly yours,
f
Ho E. I artg!
Director of Public "Worlds
Trams,.
t
City of Huntington Beach
SOX ISO CAWFORNIA SZ60,
ENGINEERING DEPARTMENT
September 29, 1975
Honorable Mayo.:
and City Council
City of Huntington Beach
Attianitir n: Davie? D. Rowlands
City Administrator
Subject: Reimbursement Agreement 7 5 -DI
Mayfair Construction. Co,
Dear Council. Members;
Transmitted herewith is a reimbursement agreement be-
tween the Uity of Huntington Beach and Mayfair Construction
Co, for drainage facilities to be built in Drainage District #9a
fees will be collected from subsecglaont development it the area
to refund the $15,480.00 to Mayfair Construction Co.
d bl B l d h s'
rec�sssftsssen your Basaaz , e <a X e tecute t a�reem ,
Very truly yours,
E. Hart�
Director of Public foals