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Home My WebLink AboutMOLA DEVELOPMENT CORPORATION - 1983-09-199pptember 21, 1983 Mola Development Corp 008 Adams Aventie Huntington Beach, CA 92646 The City Council of the City of Huntington Beach at its regular meeting held Mcnday '. September 19, 1983, approved Reimbursement Agreement #83-D! with your �irm in connection with Tract 10853. Enclosed is a duly executed capy of said agreement for your records. Alicia M. Wentworth City Clerk AMW.CB.js Enclosure cc: Bill Patapoff DPW Judy John - finance REQUEST FOR CITY COUNCIL ACTION Date September 7, 1983 Subrnitted to: Honorable mayor and City Council tc, Submitted by: Charles Thompson, City Administral�o BY G11T Prepared by- Paul E. Cook, Director of Public Wo s'%%,,-,-- 47 -0. Subject: Reimbursement Agreement 83-Dl for St rm Drain rr C(;nstruction 11P Statement of Issue, Recommendation, Analysis, Funding Saurce, Alternative Actions, Attachments: Cy-� Statement of Issue: Mola Development Corporation will construct master planned drainage facilities in conjunction with Tract 10853 and are thelrefore seaking approval. of Reimbursement Agreement 83-DI. Recommendation: Approve Reimbursement Agreement 83-DI which establishes a Maximum possible reimbursement of $141,760.55. Anallsis: Mola Development Corporation will construct a master planne.d storm drain that will serve their site (Tract 10853) in addition to other properties within the dra-"nage area. They are eligiblc� for reimbursement for these facilities in accordance witt, Section 14.48.070 of the City's Municipal Code. Funding Source: If funding becomes available, reimbursement will be from Drainage District 12. Attachment: Reimbursement Agreement P EC: WAP; lw WM f REIMBURSEMENT AGREEMENT 83-Dl STORM DRAIN THIS AGREEMENT is made and entered into this day of 199 �), by and between the CITY OF HUNTINGION BEACH, —VqnL I _aV1_1 a municipal corporation of the State of California, hereinafter referred to as "CITY," and MOLA DEVELOPMENT CORP., a California corporation, hereinafter referred to as "BUILDER." RECITALS WHEREAS, BUILDER, pursuant to its agreement with CITY, will, at its own cost and expense, construct a portion of a strzm drain system which is part of the CITY'S Master Plan of Drainage located west of Graham Street and south of Warner Avenue, hereinafter called "FACILITIES" to serve BUILDER'S development known as Tract 10853 and adiacent properties, and FACILITIES will be constructed in conformance with the plans and specificat-4ons approved by the Director of Public Works of CITY; and FACILITIES will be dedicated to CITY; and CITY desires to reimburse BU.LDER for a portion of the cost of the construction of FACILITIES as provided in Huntingto- Beach Municipal Code, Section 14.48.070, and Government C00-- §66485, at seq. A& W NOW, THEREPORE, in consideration of th�- covenants and aureevents herein contained, the parties hereto agree as follows: I. CONSTRUCTION BUILDER will construct FACILITIES at a total cost of two hundred fifty-eight thousand two hundred fifty-four and 5U/100 dollars ($258,254.50) to serve Drainage District No. 9. Attached hereto and incorporated by reference as Exhibit "A" is a map of the drainage area served by FACILITIES. 2. FACILITIES The FACILITIES to be constcucted shall be as shown on the construction shall be done and performed lract Map 10853 and in accordance with the plans, specifications and profiles which have been approved jy and are on file with the Director of Public 14-3rks and shall be completed prior to any reimbursement -�nd accepted by the CITY. Construction shall be performed under a subdivision agreement entered into between the CITY and BUILDER. 3. DEDICATION BUILDER wiil dedicate eACILITIES to CITY. 4. REFUND The maximum refund to be paid to BUILDER unaer this agreement is as follows; Total Job cost of FACILITIES . . . . . . . . . $ 258,254.50 Less ten percent (10%) per code Secvion 14.48.070(b) . . . . . . . .. . . $ (25,825.45) Less drainage fees Tract 10853 . . . . . . . . $(90,668,50) Maximum refund . . . . . . . . . . . . . . . �$141'760.55 Refunds shall be payable for a period of five (5) years from the date of BUILDER'S application and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off -site construction costs. Funds have been expended for Drainage District No. 9 in accordance with Government Code Sections 66483 and 66487 only. Refunds are payable only from a positive balance available in said district's fund. 5. CERTIFICATION TO FINANCE DIRECTOR No refund shall be made by CITY to BUILDER untiLl the Director of Public Works certifies in writing to the Finance, Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in said Drainage District No. 9 to refund to BUILDER. 6. PREVIOUS DEVELOPERS The parties agree that previous developers within the same drainage area in the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available within Drainage District No. 9. 7. SUBSEQUENT DEVELOPERS If a developer who develops property served by FACILITIES constructed by BUILDER is required as a condition of devel.opment to construct additional facilities, CITY may allow said developer credit toward the per acreage fee consist-ent with this agreement; and no fees shall be due BUILOER by reason of such construction and credit. 0 0 8. LIABILITY OF CITY CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any pprson the service fee for connecting into FACILITIES constructed by BUILDER� CITY'S refusal to allow any connection or connections into FkCILITIES constructed by BUILDER shall not make CITY liable for any rafund which might have accrued to BUILDER it such connection had been permitted. 9. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by public agency exempted from payment of connection fees c.,nd shall not be liable to BUILDER for refund because of said connection., 10. COMPLETION OF PROJECTS CITY shall not be Taqvired to make reimbursement to ty person until all drainags construction projects in a drainage area served by FACILITIES are completed. 11. ATTORNEY'S FEES CITY shall not be required to pay attorney's fees or court costs for any breach of this agreement. ............ 12. ENTIRETY This Agreement contains the entire agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. MOLA IJEVE 'JMENT CORP., CITY OF HUNTINGTON BEACH, r i� A CaAfo ip corp. A municipal corporation. Frankj,pola -_President Mayoi�--- on Elten - Secretary ATTEST: APPK)VED AS TO FORK: an; �� City Clerk City Attorney �4' � 0 -'�-rsz tD: REVI n D APPROVED: IN'4 AND kPR(W V Ci y Administrator Director of Public Works ZONING DM 33 _'ECTIONAL DISTRICT MAP 28-5-11 �.!'l T e ;m%M oxcir�4c ho CITY OF HUNTINGTON BEACHA A-6-:065 �f&t 4 4.119 f)RANGE COUNTY, CALIFORMA AMENDED By ZONE C4.5E m tr z 5�19 134* M1, kit F - �C4 RI T C4 Rl (D R2 t FL W Rl FU Rl R R) R, 47 R . I JZ1 R& Ll R I R I CF-,E Rl zfa f N. Ri Rt Ri Rl t Rl fil Rl Fu t R! Rl 81 '%7-vC Ri