HomeMy WebLinkAboutMOLA DEVELOPMENT - 1980-11-03RFT_MSURSEMENT AGREEMENT SO-S2
SETTER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this aw_ day of
19 sQ ; by and between the CITY OF RUNTINGT&N
BEACH, a municipal corporation of the State of California,
:hereinafter referred to as "CITY." and MOLA DEVELOPMENT, a
California corporation, hereiaafter referred 4o as "BUILDER."
R E C I T A L S
WHEREAS, BUILDER, pursuant to its 2greement with OITY, has
at its own ros-t and Expense, constructed 210 lineal feed:. of all
V.C:.P.. sewer at Holly Street, south of Maim Street, hereih €ter
called "FACILITIES" to serve adjacent properties, and FACILITIES
3acTe been can.strncted in conformance with the plans and specifica-
tions i:.Pproved by 'tile Director of Public Works of CITY; and
CITY now desires to reimburse BUILDER for a portion of the
cost of the construction of FACILITIES as provided in Huntington
Beach. Municipal Cade, Sections 14.44.090.
AGREEMENT
NCW, THEREFORE, in consideration of the covenants and agree-
ments herein contai.,ed;., the parties hereto agree as follows
k 1. CONSTRUCTION,
ZUILDER has constructed. FACILITIES at a total cost of
$lltI22.20 to serve, adjacent properties. Attached hereto as
Exhibit. "'A, "andby this refererze mace a part hereof, is a m kp o
the area served by FACILITIES.
2: DBOXCATtION..
BUILDER has dedicated FACILITIES to CITY.
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3 . REFUND.
The maximt= .refund to be paid to BUILDER undcx this
agreement is as follows;
Total job cost of FACILITIES . . . $11,122.20
liess f ,n percent (10%) per Code
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Section 14.44.090(c). . t $ 1,112.22
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A
Maximum refund . . , . . . . . . . . . . $10,009.98
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Refunds shall be pas*able for a p,2ri:oa of five (5) years
from the slate of BUILDER's applic-ti.on and shall 'rear no interest.
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Refunds shall not emceed ninety percent (90%) of off -
site consrruction costs.
4. CERTIFICATION TO FIN7-VCv, DIRECTOR.
o r'efuitd shall, be made by CITY to BUILDER until the:
Director of Public Works shall certify in writingto the; Finance
Director that BUILDER is entitle4 to a refund by reason of connec-
tion having been made to FACILITIES in accordance with the Huntington
Beach Municipal. Code,, and that CITY has received the sewer fees
from the area served.
!i . SL3MVENT rAVVELOPERS.
If a developer who develops property servee by FACILITIES
constructed by BUILDER is; required as a. condition of development
to oonstrz t add tiotal facilities, CITY may allow said developer
credit toward the sewer fee consistent with this agreement; and no
feees shall be due Bt DER ,by reason of such construction and oredit;.
In the event CITY does not require ,a developer to deposit
the serer foes with the CITY prior o or concurar6nt with develop-
Ment, CITY may eater into an agreement with said developer stating
that said developer is obligated, not only to the CXTY,, but. to
BUILMM and to developerz who leave previously contributed to the
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cost of construction of facilities constructed hereunder to de-
posit said fee *rritih CITY.
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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 or'.
entity the service fee for coni)-acting into FACILITIES constructed
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by BUILDER.
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CITY's refusal to allow anv connection, of connections
into FACILITIES constructed by BUILDER shall not make CITY liable
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for any refund which might have accrued to BUILDER if such con-
nection< had been permitted.
. COi.NECTION BY PUBLIC AGENCY.
CITY retains the r4g:ht to allow a connection by a public
agency exempted from payment of connection fees and shad not be
liable to BUILDER for refund because of said connection.
8. ATTORNEYS FEES.
CITY shall not, be required to pay attorney's fees or
court costs for any breach of this agreement.
9. ENTTRFTY .
This agreement contains the entire agreement between the
parties hereto
IN WZTNES5 WF.'EREOF the parties hereto have executed this
agreement on the date and year first above Written.
CITY OF HUNTINGTOU BRAG,
a mtcnicipal corporation
k
Mayor
.ATTEST: APPROVED AS TO FORM:
City Clerk Czty Attorney '`>
nXIEWED AND APPROVED: INITIATED AND APPROVED
ity Adtzti zst:atrir I3axectoz f Public Works
By e•"`tCaP++�'"
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By
REQULST FOR CITY COUNCIL. ACTION
--�t C Department Public Works
Submitted by 'Paul E. Cook
Date Prepared October 23 1980 Backup Material Attached 0 yes 11 No
Subject Reimbursement- Agreement 80-52 (Moles Development)
City Administrator's Comments
APPROV.ZD By CITY COT --
Approve as Recommended IOL
JCIT
Staterrignt of Issue, 'Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue;
Mola Development Corporation seeks approval of Reimbursement Agreement 80-S2
for the construction of 210 lineal feet of 8 inch V.C.P. sewer line at
Holly Street south of Main. Street.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement of
$10,009.98.
Analysiz:
'MoFa —Development Corporation, at their own cost and expense, constructed 210
lineal feet of 8 inch V.C.P. sewer line to serve an adjacent property front-
ing Holly and Main Streets. 'The facilities have been constructed in coa--
formance �—th the plans and specifications approved by the Director of
Public Works and the City now desires to reimburse the builder for a portiic-
of the 0oastruction costs as provided in Section 14.44.090 of the blunicipak
Code.
Funding Source:
Reimbursement will be made from sewer connection fees collected from builder
who develops adjacent property.
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