HomeMy WebLinkAboutMOLA DEVELOPMENT - 1978-11-20r
r ,y
k REIMBURSEMENT P_GFCEMFNT BETWEEN MOLA
DEVELOPMENT AND THE CITY OF
Y
HUN`.".INGTON BEACH FOR MASTER
PLAN STORK' DRAIN CONSTRUCTION (78-D1)
1'
THIS AGREEMENT entered into by and between the City of
Huntington Beach, a municipal corporation, hereinafter for con-
venience referred to as "CITY", and N-,OLA DEVELOPMENT, a corporation,
hereinafter for convenience referred to as "BUILDER". a,
W I T N E S S E T H
Recitals::w;
1. BUILDER, pursuant- to its agreement with CITY, shall
at its own cost and expense construct a maser plan storm drain,
hereinafter railed "FACILITIES".
2. Said FiLCILITTES :shall be consLrncted in conft rmance
with the plans and specifications approvel by the Director of
Public Works or his authorized representatives and shall be
dedicated to City. i
3.. CITY desires to reimburse BUILDER for the cost, of �
construction of said FACILIT.T:ES as provided by the CITY'S
Municipal Code, less builder's cost for required drainage fees,
WHEREFORE, in consideration of the covenants and
agreements herein-,=tainr ;, the pa,.,ties hereto agree as follows:
Cost of Facilities and Area Served:
BUILDER shall: construct, at an estimated total r;ost of
$'4'�1,634.45, a waster plan stcsem drain and appurtenances to serve
Drainage Di trict No. Be. Exhibit "A", attz.^herl hereto and rude
a part hereof, is a map of the area served... Exhibit "B", attached
1,
_
R' hereto and made a part hereof, is an item .zed list of the work
;
to be included in the "FACILITIES". BUILDER SHALL dedicate
said FACILITIES to CITY.
Refund:
The refund to be maid to Builder, out of av,.ailable
funds, under this agreement is as follows:
*'4.�
Total Job Cost of Facilities $221,634.45
Less $uii cr' -q ':cyst for Required
+
Drainage Y ee'� fo;t ' raL t P 10218
and 10226 58,927.5Q
r.
gf.<.
Gross Refundable 162, 706.95
Less 10% per Huntington Beach
Municipal Code Section 14.48.070 (c) 16,270.70
Estimated Refund Conditioned upon
Funds 'being Available in Drainage
District 8C Fund $146 436.25
Conditions:
i
Refunds shall be payable for a period of five ( 5 )
years from the date of CITY'S acceptance of :FACILITIES.
Refunds shall bear no interest.
Funds may be expended ,7_7r Drainage Di.sti�:c . EC in
accordance with California r�vermment Code Section 66483. R?f'unds
are payable r.xl y from a positive balance in said district's fund.-
;I
Upon oompie-tieun of construction, BUILDER shall submit
t ;,
copies of supporting documents for said construction to CITY tic
j
that CITY m establish the actual cost of construction. The
maximum refundable cast shall be calculated on the basin of the:
actual costof construction as established by the CITY.
E
CITY agrees to ,reimburse BIULDER, after acceptance of
FACILITIES` by CITY, to the extent that funds are av'ai.l.aol.e its
Vraira,ge District 80 VUnd.
CITY shall not be 1-able for payment of any refund
by reason of jts failure to collect or receive from any person or
entity fhe draipage fee, or by rep4son of expenditures made pu —
scant to Government Code Section 66483. If a e�Rveloper who
S :.Z
develops property ,served by FACILITIES is required by CITY as
a condition of deve2,apment to construct additional. facilities,
d tea,
ry City may allow said developer credit toward the per acreage fee,
and no reimbursement :fees shall bz due BUILDER by reason of such
construction.
In the event CITY does not require a developer to
�
deposit the drainage fees with the CITY prior to or concurrent
ith de-el.opment, CITY may enter into, an agreement with said
developer stating that said deveioper is obligated., not only
to the CITY, but to BUILDER, and to developert who have previously
Contributed to the Cost of construction of facllit:i-s constructed
hereunder to deposit said fees 'or,th CITY. THE CITY shall riot
be required to pay attorney':s ,tees or court costs for any breach
of this agreement.
In the event this .agreement: conflicts with or contradicts
with. an CITY ordinances such ordinances shall y , prevgil over the
terms of this agreement.
WITNESS OUR I AS AND SEALS the clay, month and ye -r
appearing below.
dated this clay of ��/� , 19 7r
City of Huntington Beach
a municipal corporation.
a•
ATTEST.
Mayo
,�
l'T
fy yC� f''"iC t7_
.�
A.;"PROVED A5 TO CONTENT
ty Admx,nzstx•at:�r
TNITIAT;:D AND APPROVED
Ur ct of P Iic k"orbs`"
APPROVED AS TO FCRM
Ca.tyAtt 0xrl' r
B
.AAA�.
a« `I
su' tFiifi^tTi' OF—,O7 angt
the mtm.4e"jS"cd, n dtgrstF fuhrp in And for !raid County and Stue,
pcss00AIIY-2p#A,,WtIJ _: Wank%Mo a_ ,-
knm ll to we to be theme,„ v _ Prtsiiirnw and
1 a1 'I3 N a known to me to be kE pp0FFIC JAL'pSrZ.AR, } C
w,'ha iiiriFm 1llii t)LI\11G
..,..,,,,,„.,st,.,.,�,„._,,,.,,..,,.,...�'GK Xo*rl i the o,t lmQrAINOLcthat fiY,eCtttrtithe .,y* ;iU AS2Y Pti6RIC--GAk.rNtktiN1A
lViftmfi:m ismf:ilinmrtmt. kttd ffirtC7mFmiYtGtf[tCm xt? z$it Yt\mCh ! amtlrAt2Un
Ctil4t t1i ;t
execolyd tb* within instttmToem pursuAoc to its hv'U s u; . rrsotu= r txt t +N-
iiiTFT, of its. board -of cbtmtr orl ' GRANGE. COt1N,
my CalrmEssicn Ext>its July 2$, 1980
x
'Ma
ft. Timberlake
G M..,..,s.. N�tttr �"�`°ir�ri ux i�tmxzdi
t 1-119 Noi'ss"y t antic s4tum4 tot said County and 6t*.t'4 AL Al
2
SECTIONAL DISTRICT MAP 1 a-6
��,��:
`,.A
,.
YF ^L -wry �a':`ar. xKP19 ieGh�ss �vf2M
HU
NTINGT H
0p, N� GR �:(J1L'FN,I,Y, CALIFORNIA
USE. OF PROPERTY AAA' y'
AVE s
' x ADAMS
v .mot
L
t_J t_.........—»—.,—% E...^.-^^i
,'
� � 01
,
).n
s , A-.-1
��-R_
IL
x
{�K''�..."'_ tell
��,Jyy� ya
*T�L L2 Y�Y
�'A• ,r�,.�`.: {��,{ �X'�� ,j i✓�4r � � � L::",...«.,.5 "` Y M1 rl,Jf' A tiny :[�
uu
on
21
„A
•Al,
AA
ky5 r" r !
AREA SERVED
SECTIONAL DJSTRICT MAP
CITY OF A,
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
AMENDE.t7 8Y Mit: GAS;
�E
J , `
m P
ryLW
i
pjj�p�''"+"+
y�y
M� I�M�C:.r.0 SY,w1l�M lalaYY
ADpPfIA .4C)t�',d7 tn. 14blJ
MYrp( a [ *@ PS ii t4TifY
p VY
)'
C1iT CL1 L`MM G�YJIMAkCf w-'1. 1�9
GE D�
L�G�N�
L}Qj Ywtla,C t,�s:y.Y MLitnlwf%'. AatT+4.7
,
•M(.NOC➢ 4M. fq. A.X*; �.J CV+5 , ('+'1 qs* k!f;�
._
Y-LL-Oi bfr
C' 1YY Y'd fYYb IIPY-afs�NS ttLlM:[
G1.�4 �'wa/.<t fwcfts%SP'ara�'.3 Dy ,T
,
.!p ^1-154
J'tiST3ai1y5T(# !_ _ _ AVE 4
all
y�'r. r1Rrtl?3 �K 2 r..x�
r
MASTBA
PLA;' STORM DRAIN
p
s
VD,
1_
441 L.P. of 60" R.C.P.
(1200-D) pressure, with gaskets,
2.
149 L.F. of 48" R.C.P.
(1200-D)
3.
120 L.F. of 48" R.C.P.
(1200-J) bore.
**
�
4,
305 3 ..F. of, 42" R.C. ?
S.
184 L.F. of 36" R.Cn
6.
2Junction Structure,
Type "W'.
7.
1 Pressure Manhole.
S.
Outlet Structure..
9
Concrese Collar.
} "y'P
REQUEE FOR CITY COUNCIL.' m:0-TIO 00
Submitted by H. E. H'artge �°� Department _ Public Works
<ate Prepared November 8, , 19_1 Backup Mater; at Attached F1 Yes EJ No
Subject Reimbursement Agreement 7#78-Dl Mola. Development Corporation
Master Plan Storm Drain Construction
City Administrator's Comments
Approve gs xecommende:. �v IlY czxY
xTti t S S C G.IGti
Statement of issue, Recommendation, Anaaysis, Funding Source, Alternative Actions-.
Statement of issue;
Mola deg elopaaent has applied to the City for a reimbursement agreement for a
master plaza drainage facility to be built in conjunction with their subdivision.
at the northwest corner of Beach and Memphis..
Recommendation:
Approve the Wttached reimbursement agreement between the City and 'Mola Develop-
ment and authorize its execution by the Mayor and City Clerk.
Analysis:
Mola Development is required by ordinance to install a storm drain system which
*tr 11 serve Mola's subdivision development and adjacent. properties.. Attached
i.s a map of the properties to be served by the storm drain system. This
draxine e facility is part of the Ci.ty's rester plan of drain,,ge and will be
dedicated to the City.
The subject agreement with Mola calls :for reimbursement by the City to Mcla
Development Corporation from fees paid into Drainage District SC . The vniax-
imam refundable amount to be paid to Mola under this agreement is as lol.lows:
Total, cost of 4rainage facilities $221,634.45
Less mola's cost for required 56,927.50
drainage fees
Gross Refundable $162,706.95
Less 10t per H.B.M.C. 16,270.70
Section 1.4 4R.070 (-^)
Oet Refundable $1.45, 436.25
Reir;aursemenN will be 'shade from a posi-ti've balance in Drainage District 8C
fund and from ,future ferp charged to other developers within the service
area. The district's presort fwirl balance is approximately $85,000,
'Flandi-risource-,
�za s no exandtur+ of funds involved n the recommended action.
---
SECTIONAL
LFGEND
CrFY, OF
-w"ct.K''44 ti✓�>,s foCisn j
flut ITINGTON BEACHA&
USE or PROPERTY MAP
A'
3 IT
AVE
e . ADAMS
R
'•.� LiY......Pi,.�.i Y..,...rYm i .......�, �..,.1 Y,� L. ,.,-i
Y `^-
F } r
Ij
if �r • r `.rd b C—S\ { yIr~C `"�"`^"A s t 3 �k } j*� E{�g. v� ul r
17
3 F
it 1 - M
w4Lf
�Lj
s
R �� ✓ ...t'L � � Iftt A :E
LIB �
il Lit
• _ "" Y R ~ ' �'roes- �ti.�++ R � .
u LI
{0 r
l .. (` M. r'. P• '
�;7�
ae
`vy r
�p x yjt xms+s _
,��' � 'F Aix, a•Nih Art. '� tMY,�.
AREA SERVED