HomeMy WebLinkAboutMORENO, WOOD, COLLINS, DANAVEN - 1980-07-08 AMM
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Tv �97
RECRJEST FOR CITY COUNCIL ACTION
Submitted by Paul E. Cook D"rtnlerft Public Works
Crate Pr"rect �- Se aft. 23 , 19 80 Backup Material Attschsd Yes
Subject we e,.lmbursement Agreements 80-S1 and 80-WI
City Administrator's Gomm am,—
n Y
APPROVED By OlT"Y CiJt,1xdCLI
= f 21rY CLERK
Suxlament of isle, Rewrnmendation,Analysis, Funding Source,Atter►inkm Actions'..
Statement of Issue;
Mr. Samuel P. Moreno has monies due him under Reimbursement Agreements
80_SI and 0-'WI.
Recot menda.t~ion t
Adopt the resolution authorizing payments of $429.16, in accordance with
Agreement 80-Sl, and $496.24 , in accordan-e with Agreement 80-WI, to
Mr. Samuel Moreno.
Analysis i
In conjunct.,,t,�. with the development of his property at 4821 'Los Pacos Drive,
Mr. Samuel Moreno, along with three other Los Patos Drive property owners,
constructed newer and water improvements for adjacent property owners.
On July S, 1980, the City Council. approved Reimbursement Agreemeity 80-81.
and 80-W). authorizing a maximum. refund of $1 ,430.55 to fir. Samuel Moreno
for Agreement 80-Sl and a. maximum refund of $3,C�54.1.2 to Mr. Samuel, Morena
for Agreement SO-W1.
Funding Source
Serer and water fees bay.e been receiv--d from one of the adjacent property
ovaner:5, thereby making these payments to Mr. Samuel, Morena feasible.
PEC-bN<.jy x "
RESOLUTION NO. 4922
A RF-90LUTION OF THE CITY COUNCTL OF THE CITY
OF HUM."INGTON BE�.CH AUTHORIZING PARTIAL PAY-
MENTS TO SA14UEL P. MORENO ON REIMBURSEMENT
AGREEMENTS NO. 80--S 1 AND 80--WI
;4�fEREAS, the City Council of the 'amity of Huntington Beac}j
adopb@d a budget for fiscal year 1.98)-1981 by Re�olvtion No.
48941 and
Sec Lion 8 of said Resolution No. 4894 specifies the p.�o-
aedure for authorizing expenditures from special funds; and
The Director of Public Works and Acting City Administrator
have recommended an expenditure, and the City Council het*eby ap-
proves said recommendation,
NOW, THEREFORE, BE Ix RFSOVVED by the City Council of the
City of Huntington Beach that partial payment on Reimbursement
Agreement No. 80-Sl in the suwn of $429.16 from the seater fund
is hereby authorized to be made to Samuel P. Moreno for con-
struction of sever Improvements; and a partial payment on
Reimbmraement Agreement No. 80-W1 in the sun of �495.24 from
the seater fund is hereby authorized to be made to Samuel P.
Moreno for construction of a dater main and blow-off assembly.
PASSED AND ADOPTED by the City Council of the Citx of
Huntington Beach at a regular �.�,eting thereof held on the &th
day of October , 1980,.
Mayor
ATTEST: APPROVED AS TO FORM-
City Clerk � Ci'Gy Attovney
/ahb
9/29/8
REVIRWED AND APPROVED: INITIATED AND APPROVED:
Ac 1 City Admthistrator e or of P bi ie Works
t
AVUL 4922
SUR
kV4nY or ORAME
CITY OF HUMINGTON BEACH
I, ALICIA N. WENTWORTH, the duly elected, qualified City
t;j#roc of the City of Huntington Beach, and ex-offirio Clerk of the
:jgy Council of maid City, do hereby certify that the whole ntwber of
uj@ffipers of tha City Council of the City of Huntington Beach is seven;
thgr the foregoing resolution was passed and adopt-ed by the affirmative
4t# of more- than a majority of all the members of said City Council
at A regular meeting thereof field on the __ =5th day
of Octoer , 14 $�' ._. by t:ze fol5a sing vote.
Vf ; co zacilmen:
Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
AESFNT: Councilmen:
None
ABSTAIN: Thomas
City Cleat and ex-officia Clerk
of the City Council of the City
of Hunt#ngtoo Beach, California
REQUEST FOR CiTY COUNCIL A TICA
Submitted by Paul E. Cook N.,-.� Department Public Works
Date Prepared June 5 , lg P..Bck p Material Attached L__.l Yea � too
Subiect Reimbursement Agreementf 80--S1
City Administrator's Comments
PPROVEA BY CP3' COUNCIL
Approve as Recommended
L to CZTYZ',L' }t�
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
Statement of Issue:
Phillip Collins, Thomas Donaven, Samuel Moreno and Fremont wood seek
approval of Reimbursement Agreement 80-S.l for the construction of 673
lineal feet of 8 inch sewer pipe.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $5,353.80.
Analvsis:
Phillip Collins, Thomas Donaven, Samuel Moreno and Fremont Wood, at their
mutual cost and expense, constructed 673 lineal feet of 8 ;inch seeder pipe
to serve the development known as 4781, 4791, 4821 and 4831 Los Patos
and adjacent properties, including 4811 Los Patos, in accordance with
Section 14. 44. 090 of the Municipal. Code. Phillip Collins, Thomas Donaven,
Samuel Moreno and Fremont good are hereby seeking reimbursement. The,
attached agreements, No. 80-S1, comply with this code and set the maximum
possible reimbursement of $5,353.80.
Funding Source:
The payment of $5,353..80 will be made from fees charged to builders Soho
develop property within the area served by the sewer facilities,
f
PEC:DRN:jy
qJ3s
�¢NO 3178
REQUEST FOR CITY COUNCIL ACTION
Paul E. Cooke C Public Works
Sub,~.fitted by Department
Date Prepared Jung 5 , 188 Material attached �h� Yet tq
Subiect Reimbursement Agreeme 80-i41
City Administrator's Comments L
1 ED ,� 1
1 �
Approve as Recommended ....
-
> .. t x
Cl ZI ----.
Statement of issue, Recommendation,.Analysis, Funding Source,Alternative Actions:
Statement of Issue:
Phillip Collins, Thomas Donavan, Sa_+:iue1 Moreno and Fremont Stood seek approval
of Reimbursement Agreement 80-Wl for the construction of 484 lineal fuset
of 12 inch A.C.P. water ;Hain, and one (1) 12 inch block-off assembly.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $2.778.46.
Ana1Ksis:
Phillip Collins, Thomas Donaven, Samuel Moreno and. Fremont Wood, -.at their
mutual cost and expense, constructed 484 lineal feet of 12 inch A.G.P.
water main, and one (1) 12 inch blow-off assembly to serve the development
known as 4781, 4791 , 4821 and 4831 Los Patos a: d adjacent properties,
including 4811 Los Patos, fn accordance with Section 14.20.06n% of the
Municipal Code. Phillip Collins, Thomas Donavan, Samuel Morena and Fremont
Wood are hereby seeking reimbursement. The attached agreements, No. 80-1111
comply with this code and set the maximum, possible reimbursemt�nt of
$2,778.46.
Funding Source:
The payment of $2,778.46 will be made from fees charged to builders who
develop proparty within the area served by the water facilities.
PEC:DR14:jy
Att3 3t3 t
STATEMENT OF THE ACTION OF THE CITY COUNCIL.
Council Chamber, Cfty Hall
Huntington Beach, California
Tuesday, July 8, 1980
Mayor Bailey called the adjourned regular meeting of the City Council
of the City of Huntington Beach to order of
Present: Finley, Bailey, MacAllister, Mandic, Kell; (Thomas arrived 6,50 P..4,)
Absent: Pa;.tinson
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Mandic, the following items were approved as recommended by the
following roll call vote;
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson (Thomas absent from
REIMBURSEMENT AGREEMENT 80-W1 COLLINS/DONAVEN/MORENO/WOOD - Approved and authorized execution
of Reim ursement Agreement 58 Wl forte construct f A184 lineal feet of 12' inch A.C.P.. water
main and one 12 inch blow-off assembly to serve a development on Los patos Avenue and adjaceht
properties in the amount of $2,778.46,
REIMBURSEMENT AGREEMENTS 80-SI - COLLINS/DONAVEN/ifiORENO/WOOD - Approved and authorized ,execution
of Rei..� ursement Agreement 80-S? or the construction of 67' lineal feet of 3 inch sewer pipe
to serve a development on Los Patos Avenue and adjacent properties in the amount of $5,353.80.
�'.k�['.4 iC71t4:'/t�:�t'It�t'�Ck'fi'k'�tjC�jCY2'J�1RS�'k7Cif�fR'AC'St'R;k'tfR'A'1:^.F�l"If14'�c'1�fX'Or]�f1f'1�1'�f7CY�,"A'k'i[3C'�"ft'7C'kilt'IC7tc7C'7tyl'lrit_'*R!c'}�;{'ic#7'�i I�R'A'�fYC7ll'7�"�'S5C'.
Mayor Bailey adjourned the adjourned regular meeting of the City Council
of the City of Huntington Beach at 2:00 A.M. to Monday, July 21, 1980
at 6:30 P.M. in the Counci- am erf. ,
Alicia 11. Wentworth
ATTEST: City C erk and ex-officio Clerk
of the City Council of the City
Alicia M. Wentworth of Huntingtoo Beach, California
City Clerk
Ruth S, Bailey
STATE OF CALIFORNIA } Mayor
County of Orange
-City of Huntington Beach
I, ALICIA M. 4IEIDIOR"iH, the duly elected and qualified City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and foregoing is a
true and correct Statement of Notion of the City Council of said 'City at their adjourned
regular meeting held on the Sth_ day of July 1g80
[FITNESS my hand and seal of the said City of Huntington Beach this the 9th
day'o f Jty s 19 80
Alicia M.. Wentworth
My Clerk aIy ex-of' 3c d C' ark
of the. City, Council of V;a City
of
Hunti.,Igtoo Beach, c4lf f arhia
BY r�
,eputy
;��78
Nown
REIMBURSEMENT AGREEMENT��}
SEWER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and SAMUEL P. MORENO, an individual.,
hereinafter referred to as '1140RENO,"
R E C I T A L S
WHEREAS, SAMUEL P. MORENO, pursuant to his agreement with
CITY, has, in conjunction with THOMAS DONAVEN, PHILLIP COLLI14S and
FREAONT WOOD, at their mutual cost and �-xpense, constructed 673
lineal feet of 8" V.C.P. sewer main, two (2) manholes, and one (1)
cleanout, hereinafter called "FACILITIES" to serve the development
known as 4791, 4781, 4821, and 4831 Los Patos, and adjacent proper-
ties, including 4811 Los Patos. FACILITIES have been constructed
in conformance with the plans and specifications approved by the
Director of Public Works of CITY; and
FACILITIES have been dedicated to CITCY; and
CITY now desires to reimburse MORENO for a portion of the
cost or the constr=tion of FACILITIES as provided in Huntington
Beach Municipal Code, Section 14 .44.090.
AGREEMENT
NO'K, THEREFORE, In f:onsiderat on of the covenants and agree-
ments herein contained, the parties hereto agree as follows:
1.
JdL
qu
1. CONSTRUCTION.
M
MORENO has constructed FACILITIES at a total cost of
$11,670.89, to serve 4791, 4781, 4821 and 4831 Los Patos and ad-
jacent properties, including 4811 Los natos. Attached hereto as
Exhibit "A" and by this reference made a part hereof, is a .map
of the area served by FACILITIES.
2. DEDICATION.
MORENO has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to MORENO under this
agreement is as follows:
30% total job cost of FACILITIES . . . . . . . $ 3,501.26
Less MORENO's portion . . . . . . . . . . . . . 1,430.55
Gross refundable . . . . . 2,04),71
Less 10% per Code Section 14.44.090(c) . . . . . 207.0.7
Net refund . . . . . . . . . . . . . . . $ 1,063.64
Refunds shall be payable for a period of five {5} years
from the date of MORENO's application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off--
site construction coats.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to MORENO until. the.
Director of Public works shall certify in writing to the Finance
Director that MORENO is entitled to a refund by reason of con-
nection 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.
2.
M7i
5. SUBSEQUENT DEVET OPFRS.
If a developer who develops property server by FACILITIES
constructed by MORENO is required as a condition of developr:wrnt
to construct additional facilities, CITY ria;y allow said developer
credit toward the sewer fee consistent iti..th thin arreenen ; and no
fees shall be d;..e kAOREN10 by reason ci' such construction arri credit.
. In the event, CITY does not require a ie-reloper to 4epoalt
the sewer fees with the CITY prior to or concurrent with �9�ve"Z=_on
;tent , CITY may enter into an ai reertent wiw3: ai^ devea+:r-ter suati;-7
that said developer is obligated , not only to :he r,!, , i�uy w a
.'.���r'ENO and to developers who have previcusls �:cntritu eei 4-o the
cos`: of construction of facilities constructed heruur.+ler to 11,Pozl';
sail fee with CITY.
5. LIABILITY OF CITY.
CITY shall not be liable for pa.yr rant or ~itsy m! `un l �
reason of its failure to collect or rear.eivt- fry,,,, any or
entity the service fee for connecting into Fr1CI'3.I'TIsF constructel
by M1-)iFT]nr
CITY'S refusal to allow any onneition or connett1r)ns
into FACTT,I^.'IFS constructed by :" �RENO shall not nak. 'rYiTI liab?
for any refund w1ilch might rave accrued to s'�)RFNC_ if n-rch COO-
nection had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the rigrht to allow a connerctinn by a -raAie
agency exempted from payment of connection feel, and 81<%1.1 not be
liable to TAIMENO for refu d because of saIA 00nneCl i:or,-
3+
fIN '19 IN
R. ATTORNEY'S FFF;S.
CITY sPiall not be requires] to pay att orney' s fee. or
court costs for any breach of this agr;eenent.
9. FWI RF Y.
This agreement contains the entire agreenent between the
Iarties t;ereto.
Itd WITNESS W14ERSOF, the parties hereto have executed this agree—
} on the, date and year first above jrrtten.
P,ITY Or
a manic n -nri}Cra- tir�n
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A "T�:��r: APPROVED AS TO
,it.y C erk tf^ �,�t;A Al—0 rKej
Ci , Adninistrat;or PublL& Vork
SAMUEL P kxrl�i`i�\
7
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REDiBURSFMENT AGREEMENT Q S I
SEWER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered intc this 28th ddy of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and THOMAS DONAVEN, an individual,
hereinafter referred to as "AOXAVEN."
R E C I T A L S
WHEREAS, THOMAS DONAVEN, pursuant to his agreement with
CITY, has, in conjunction with SAMUEL MORENO, PHILLIP COLLINS and
FREMONT WOOD, at their mutual cost and expense, constructed 673
lineal feet of 8 V.C.P. sewer main, two (2) manholes, and one (1)
cleanout, hereinafter called "FACILITIES" to serve the development
known as 4791, 4781, 4821, and 4831 Los Patos, and adjacent
properties, including 4811 Los Patos. FACILITIE`,S have been con-
structed in conformance with the plans and specifications approved
by the Director of Public Works of CITY; and
FACILITIES have been dedicated to CITY; and
CIT}: now desires to reimburse DONAVEN for a portion of the
cost of the construction of FACILITIES as provided in Huntington
Beach Municipal Code, Section 14,44.090.
AGREEMENT
NOW, THEREFORE, in coi,sideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows;
1. CONSTRUCTION.
DONAVEN has constructed, FACILITIES at a total, cost of
$11,670.89, to serve 4791, 4,781, 4821 and 4831 Los Patos and
•y
adjacent properties, including 4811 Los Patos. Attached hereto as
Exhibit "A" and by this reference made a part hereof, is a map
of the area served by FACILITIES.
2. DEDICATIODT.
DO?vAVEN has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be pair? to DONAVEN under this
agreement is as follows:
30% total job cost of FACILITIES . . . . . . . $3,501.26
Less DONAVEN's portion . . . . . . . , . . . . 1,430.55
Gross refundable . . . . . . . . . . . . . . . . 2,070.71
Less 10% per Code Se-jtion3.4.44.090(c) . . . . . 207.07
Net refund . . . . . . . . . . . . . . . . . . $1,863.64
Refunds shall be payable for a period of five (5) years
from the date of DONAVEN's application and shall bear no interest
Ref3,nds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR..
No refund shall be made by CITY to DONAVEN unti) the
Director of Public Works shall certify in writing to the, Finance
Director that DONAVEN is entitled to a refund by reason of con-
nection having been z-,;ade to FACILITIES in accordance with the
Huntington Beach Municipal Code, and that CITY has received the
sewer fees from the area served.
5. SUBSEQUENT DEVELOPERS.
if a developer who develops property served by FACILITIES
constructed by DON VEN is regcaired as a condition of development:
to construct additional facilities, CITY may allow said developer
credit toward the sewer fee consistent with this agreement; and no
fees shall be clue DONAVEN by reason of such con,strucLjon, and credit,
In the event CITY does not require a developer to deposit:
the sewer fees with the CITY prior to or concurrent with develop-
ment, CITY may enter into an agreement with said developer stating
that said developer is obligated, not only to the CITY, but to
DONAVEN and to developers who have previously contributed to the
cost �f construction of facilities constructed hereunder, to deposit
said fee with CITY.
6. L'IABILITY OF CITY.
CITY shall not be liable for payment o€ any refund by
reason of its failure to collect or receive from any person or
entity the service fee for connecting into vACIL1',?1ES constructed
by DONAVEN
CITY's refusal to allow any connection or connections
into FACILITIES constructed by DONAVEN shall not make CITY liable
for any refund which might have accrued to DONAVEN if such con-
nection had been. permitted.
7. CONNECTION BY rUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to DONAVEN for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall. not be required to pay attorney's fees or
court costs for any breech of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
3.
AM
IN WITNESS WHEREOk, the parties hereto have executed this
agreement on the date and year first above written,
CITY OF HUNTINGTON BEACH,
a municipal corporation
MayorT_.
ATTEST: APPROVED AS TO FORM:
City Clerk ,City Att me
REVIEWED AND APPROVED. INI"T"IATED AND AP?ROVED
City Administrator Director of Public Works
THOMAS DONAVEN,
an individual
by
Thomas Donaven
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REIMBURSEMENT AGREEMENT IBO-S t
SEWER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by aid between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," AND PHILLIP COLLINS, an individual,
hereinafter referred to as "COLLINS."
1
R E C I T A L S
WHEREAS, PHILLIP COLLINS, pursuant to his agreement with
CITY, has, in conjunction with THOMAS DONAVEN, SAMUEL MO.RENO and
FREMONT WOOD, at their mutual cost and expense, constructed 673
lineal feet of 8" V.C.P. sewer main, two (2) manholes, and one (1)
cleanout, hereinafter called "FACILITIES" to serve the development
known as 4791, 4781, 4821, and 4831 Los Patos, and adjacent
properties, including 4813. Los Patos. FACILITIES have been
constructed in conformance with the plans and specifications
approved by the Director of Public Works of City; and.
FACILITIES have been dedicated to CITY; and.
CITY now desires to reimburse COLLINS for a portion of the
cost of the construction of FACILITIES as provided in Huntington
Beach Municipal. Code, Section 14.44 .090.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows,
1. CONS"TRWMN.
COLLINS has constructed FACILITIES at a total cos;. of
$11,670.39, to serve 4,791 4781, 4821 and 4811 Los Patos and
l:
adjacent properties, including 4811 Los. Patos. Attached hereto
as Exhibit "A" and by this reference made a part hereof, is a
map of the area served by FACILITIES.
2. DEDICATION.
COLLINS has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to COLLINS under this
agreement is as follows;
20% total job cost of FACILITIES . . . . . . . $2,334.17
Less COLLINS' portion . . . . . . . . . . 1,430.55:
Cross refundable . . _ _ _ _ _ 903.62
Less 10% per Code S5ction 14.44.090(c) 90.36
S -
Net Refund . . . . . _ . $ 813.26
Refunds shall be payable for a period of five (5) years
from the date of COLLINS' application and shall bear no interest.
Refunds shall. not Exceed rinety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to COLLINS until the
Director of Public Works shall certify in writing to the Finance
Director that COLLINS is entitled to a refund by reason of connec-
tion having been made to FACILITIES in accordance with the
Huntington Beach Municipal Cadre, and that CITY has received the
sewer fees from the area served.
S. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed by COL'DINS is required as a condition of uevelopment
to construct additional facilities, CITY may allow said develop#r
credit toward the sewer fee consistent with this agreement; and z+o
fees shall be due COLLT14S by reason of such construction and credits,
2
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In tnc event CITY does not reauire a developer to deposit.
the sewer fees with the CITY prior to or concurrerit with develop-
ment, CITY may enter into an agreement with said developer stating
that said developer is obligated, not only to the CITY, but to
COLLINS and to developers who have previously contributed to the
cost of construction of facilities constructed hereunder to deposit
said fee with C_IT .
5. 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 connecting into FACILITIES constructed
by COLLIh`.
CITY's refusal to allow any connection or connection.;
into FACILITIES constructed by COLLINs shall not make CITY liable
for any refund which might have accrued to COLLINS if such con
nection had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY .retains the right to allow a connection by a public
agency !xempted from payment of connection fees and :shall not: be
liable to COLLINS for refund because of said connection.
&. ATTORNEY'S FEES.
CITY shall not be .required to pay attorney's fees or
court costs for any breach of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
3
I
IN WITNESS WHEREOF, the parties hereto have ex e.uted this
i
agreement on the date and year first above written.
I
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City A toX4ey
REVIEWED AND APPROVED: INITIATED AND APPROVED:
-„-�
Ci A ministrato : D�.rector of Public Works
PHILLIP COLLINS,
an individual
b ,. - -
I hiil-rip Collins
4.
2-PLANNING ZONING DM 34
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REIMBURSEMENT AGREEMENT p-5I
SEWER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to 2�; "CITY," and FREMONT WOOD, an individual,
hereinafter referred to as "SNOOD.. `
R E C I T A L S
WHEREAS, FREMONT WOOD, pursuant to his agreement with
CITY, has, in conjunction with THOMAS DONAVEN, PHILLIP COLLINS and
SAMUEL MORENO, at their mutual cost and expense, constructed 673
lineal feet of 8" V.C..P. sewer main, two (2) manholes, and one (1)
cleanout, hereinafter called "FACILITIES" to serve the development
known as 4791, 4781, 4821, and 4831 Les Patos .and adjacent properties,
including 4811 Los Patos, FACILITIES have been constructed: in. con-
:'ormance with the plans and specifications approved by the Director
of Public Works of CITY, and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse WOOD for a portion of the cost
of the construction of FACILITIES as provided in Huntington Beach
Municipal Code, Section 14.44.090.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as 4ollowsz
1. CONSTRUCTION.
WOOD has constructed FACILITIES at a total cost of
$11,670.89, to serve 4791, 4781, 4821 and 4t3l Las Palos .and
1.
AVA
adjacent properties, including 4811 Los. Patos. Attached hereto as
Exhibit "A" and by this reference made a part hereof, is a map
of the area served by FACILITIES.
2. DEDICATION.
WOOD has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to WOOD under this, agree-
ment is as follows:
20% total job cost of FACILITIES . . $2,334.1.7
Less WOOD's portion . . . . . . . . . . . 1,430.55
Cross refundable . . . . . . 903.62
Less 10% per Code Section 14.44.090(c) . . 90.36
Net refund . . . . . . . . . . . . . . . . $ 813.26
Refunds shall be payable for a period of five (5) years
from the date of WOOD's application and shall bear no .interest.
Refunds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund: shall be made by CITY to WOAD until. the
Director of Public Works shall certify in writing to the Finance
Director that WOOD is entitled to a refund by reason of connec-
tion having been made to FACILITIES in accordancm with the
Huntington Beach Municipal Code, and that CITY has received the
sewer fF . _-. from the area served.
5. 5 iii::EQUENT DEVELOPERS,
If a developer who develops property served by F1CIL7TIE5
constructed by WOOD is required as a condition of development
to construct additional facilities, CITY may allow said developer
credit toward; the sewer fee consistent with this agreement; and no
fees shall be due WOOD by reason of such construction and credit.
2,
In the event CITY does not require a developer to deposit
the sewer fees with the CITY prior to or concurrent with develop-
ment, CITY may enter into an agreement with said developer stating
that said developer is obligated, not only to the CITY, but to
WOOD and to developers who have previously contributed to
the cost of construction of facilities constructed hereunder to
deposit said fee with CITY.
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 fo : connecting into FACILITIES constructed
by WOOD.
CITY's refusal, to allow any connection or connections
into FACILITIES constructed by WOOD shall not snake CITY
liable for any refund which might ha.,e accrued to FOOD if such
connection had been. permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to WOOD for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall not be required to pay attorney's .fees or
court costs for any breach of this agreement.
9. 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,
CITY OF HUNTING ON BEACH,
a municipal corporation
A t
Mayor
ATTEST: APPROVED AS TO FORM-
Czty Clerk City AttaLn
REVIEWED AND APPROVED; INITIATED AND APPROVED:
Cicy dmini rks
F'REMONT WOOD,
an individual
by
Fremont Wood
4.
PLANNING- ZONING DM 34
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REIMBURSEMENT AGREEMENT A0
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred to
as "CITY," and SAMUEL P. MORENO, an individual, hereinafter
referred to as "MORENO. "
R E C I T A L S
WHEREAS, P,1OREN( pursuant to his agreement with CITY, has,
in conjunction with THOMAS DONAV'EN, PHILLIP COLLIES AND FREMONT
WOOD, at their mutual cost and expense, constructed 484 lineal
feet of 12" A.C.P. crater main, and one (1) 12" blow-off assembly,
hereinafter called "FACILITIES" to serve the development at 4791,
4781 , 4821 and 4831 Los Patos and adjacent properties, including
4811 Los Patos and FACILITIES have been constructed in conformance
with the plans and specifications approved by the Director of
Public Works of CITY; and
FACILITIES have been dedicated to CITY, and
CITY now desires to reimburse MORENO for a portion of the
cost of the construction of 'eACILI'T'IES as provided in Huntington
Beach Municipal Code, Section 14,20.060.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto aurae as follows:
1. CONSTRUCTION.
MORENO has constructed FACILITIES at a total cost of
Z.
AOL
$9,703.00 , to serve 4791, 4781, 4821, and 4831 Los Patos and ad-
jacent properties including 4811 Las Patos. Attached. hereto as
Exhibit "A" and by this reference made a part hereof, is a map of
the aree served by FACILITIES.
2. DEDICATION_
MORENO has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to MORENO under this agree-
ment is as follows.
30% total job cost of :FACILITIES $2,910-90
Less MORENO's portion . . . . . 1,653.96
Gross refundable . . . . . . 1,256.94
Less 10% per Code Section 14. 48.070 (c) . . . 125.69
Net refund . . . . . . . . . . . . . . $1, 131.25
Refunds shall be palpable for a. period of five (5) years
from the date of MORENO's application and shall bear no interest_
` Refunds shall not exceed ninety percent (90%) of off-site
construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
rho :refund shall be made by CITY to MOREIIO until the
Director of Public Works shall certify in writing to the Finance
Director that MORENO is entitled to a refund by Treason of con-
nection. having been made to FACILITIES in accordance with the:
Huntington Beach. Municipal Code, and that CITY has received the
water service fees from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed by MORENO is required as a condition of development
to construct. additional .facilities, CITY may allow said. developer
credit toward the per acreage fee consistent with the. agreement,
2y
Auk
and no fees shall be due MORENO by reason of such construction
and credit.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development, CITY may enter into an agreement with said developer '
stating that said developer is obligated, not only to the CITY,
but to MORENO and to developers who have previously contributed
to the cost of construction of facilities constructed hereunderyc to
deposit said fee with CITE:.
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 the
service fee for connecting into FACILITIES constructed by MORENO.
CITY's refusal to allow any connection or connections
into FACILITIES constructed by MORENO shall not make CITY liable
for any refund which might have accrued to MORENO if such connec-
tion had been permitted,.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to MORENO for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall not be required to pay attorn,�,-y's fees or
court costs for any breach of this agreement.
4. ENTIRETY,
This agreement contains the entire agreement between the
parties hereto.
3«
IN WITNESS WHEREOF the parties hereto have executed this agree-
ment on the date and year first above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation
xa
Mayor
.ATTEST: APPROVED AS TO FORD :
City Clerk 4yr City Attu
REVIEWED AND APPROVED: INIgIATED AND APPROVED;
.it Administrator Director ox Pub13c Wor s
SAMUEL P. MORENO',
an individual
By
SAMUEL P. MORENO
F"LA�+!�9NG ZONING Y DM 34
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REIMBURSEMENT AGREEMENT p�Cx?!
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 29th day of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred to
as "CITY," and THOMAS DONAVEN, an individual, hereinafter referred
to as "DONAVEN."
R E C I T A L S
WHEREAS, DONAVEN, pursuant to his agreement with CITY, has,
in conjunction with SAMUEL MORENO, PHILLIP COLLINS and FREMONT 'FOOD,
at their mutual cost and expense, constructed 484 lineal feet of
12" A.C.P. water main, and one (1) 12" blow-off assembly, herein-
after called "FACILITIES" to serve the development at 4791, 4781,
4821 and 4831 Los Patos and adjacent properties, including 4811 Los
Patos and FACILITIES have been constructed in conformance with the
plans and specifications approved by the Director of Public Works
of CITY; and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse DONAVEN for a portion of the
cost of the construction of FACILITIES as provided in Huntington
Beach Municipal Code, Section 14.20.060.
AGREEMENT
NOW, THEREFOPE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as .follows:
1. CONSTRUCTION.
DONAVEN has constructed FACILITIES at a total cost of
$9, 703.00, to serve 4791, 4781, 4821, and 031 Los Patos and
l
adjac.ant properties, including 4811 Los Patos. Attached hereto as
Exhibit "A" and by this reference made a part hereof, is a map of
the area served by FACILITIES.
2. DEDICATION
DONAVEN has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to DONAVEN under this agree-
ment is as follows:
30% total job cost of FACILITIES . . . . . . $2 910.90
Less DONAVEN's portion . . . . . . . . . . . . . 1,653.96
Gross refundable . . . . . . . . . . 1,256.94;
Levis 10€ per Code Section 14.48.070(c) 125.69
Net refund . . . _ . . . . . . . . . . . . . . . $1,131..25
Refunds shall be payable for a period of five (5) years
from the date of DONAVEN's application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off-site
construction costs.
i
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to DONAVEN until. the
Director of Public Works shall certify in writing to the Finance
Director that DONAVEN is entitled 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
water service fees from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed by DONFAVEN is required as a condition of development
to construct additional facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreement;
2
e
and no fees shall be due DONAVEN by reason of such construction
and credit.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development, CITY may enter into an agreement with said developer
stating that said developer is obligated, not only to the CITY,
but to DONAVEN and to developers who have previously contributed
to the cost of construction of facilities constructed hereunder to
deposit said fee with CITY.
6. LIA..BILITY OF CITY.
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by DONAVEN.
CITY's refusal to allow any connection or connections
into FACILITIES constructed by DONAVEN shall riot make CITY liable
for any refund which might have accrued to DONAVEN if such connec-
tion had been permitted.
7. CONNECTION BY PUBLIC ACENCY<
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to DONAVEN for refund because of said connection.
B. ATTORNEY'S FEES.
CITY shall not be required to pay at,torney's fees or court
costs for any breach of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
3.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above written.
CITY OF HUNTING`Z'ON BEACH,
a municipal corporation
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City tt ey
REVIEWED AND APPROVED: ITNTTIATED AND APPROVED:
§ 9
Cit Administrator Director o Public works
THOMAS DONAVEN,
an individual
b 1
Thomas Donaven
4
ao NIING ZONING DM 34
SECTIONAL DISTRICT MAP 29-5-11 � - �--��°-
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REIMBURSEMENT AGREEMENT 5 -LO I
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by and between. the CITY OF HUNTINGTON BEACH, a.
municipal corporation of the State of California, hereinafter
referred to as "CITY," and PHILLIP COLLINS, an individual,
hereinafter referred to as "COLLINS."
RECITALS
WHEREAS, COLLINS pursuant to his agreement with CITY, has,
in conjunction with THOMAS DONAVEN, SAMUEL MORENO and FRE:MONT
WOOD, at their mutual cost and expense, constructed 484 linez;l
feet of 12" A.C.P. water main, and one (1) 12" blow-off assembly,
hereinafter called "FACILITIES" to serve the development at 4791,
4781, 4811 and 4831 Los Patos and adjacent properties, including
4811 Los Patos and FACILITIES have been constructed in conformance
with the plans and specifications approved by the Director of
Public Works of CITE' and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse COLLINS for a portion of the
cost of the construction of FACILITIES as provided in. Huntington
Beach Municipal Code, Section 14.20.060.
AGREE1 ENT
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows;
1. CONSTRUCTION..
COLLINS has constructed FACILITIES at a total cost of
$9,703.00, to serve 4791, 4781, 4821 and 48.1 Los Patos and
T..
Ak
adjacent properties, including 4811 Los Patos. Attached 'hereto
as Exhibit "A" and by this reference made a part hereof, is a map
of the area served by FACILITIES.
2. DEDICATION.
COLLINS has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to COLLINS under this
agreement is as follows:
20% total job cost of FACILITIES . . . . . . $1,940.60
Less COLLI1:5' portion . . . . . . . . . . . . 1,653.96
Gross refundable . _ 286.64
Less 10% per Code Section 14.48.070(c) 28.66
Net refund . . . , . . . . . . . . . . . . . $ 257 .98
Refunds shall be payable .for a period of five (5) year,
from the date of COLLINS' application and shall beak no interest_
Refunds shall not exceed ninety percent (90 %) of off-site
construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to COLLINS until the
Director of Public Works shall certify in writing to the Finance
Dire-tor that COLLINS is entitled to a refund by reason of con-
nection having been ,made to FACILITIES in accordance with. the
Huntington Beach Municipal Code, and that CITY has received the.
water :service fees from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by 'FACILITIES
constructed by COLLINS is required as a condition of development
to construct additional facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreement;
2.
and no fees shall be due COLLINS by reason of such construction
and credit.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development, CITY may enter into an agreement with .said developer
stating that said developer is obligated, not only to the CITY,
but to COLLINS and to developers who have previously contributed
to the cost of construction of facilities constructed hereunder to
deposit said fee with CITY.
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 the
service fee for connecting into FACILITIES constructed by COLLINS.
CITY's refusal to allow any connection or connections
into FACILITIES constructed by COLLINS shall not make CITY liable
for any refund, which might have accrued to COLLINS if such connec-
tion had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to COLLINS for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall not be required to pay attorney's fees or
court costs for any breach of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
3.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above written.
CITY OF IiUNTINGTON BEACH,
a municipal corporation
a
Mayor
ATTEST: APPROVED AS TO FORM
City Clerk City Attor
REVIEWED AND APPROVED: INI`J`IATED AND APPROVED;
.. j
Cit Adrinistrator Dirg for of-PUblic Works
PHILLIP COLLINS,
an individual
.�r
bya
P �lli Collins
s
4.
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REIMBURSEMENT AGREEMENTJ; -_W !
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 28th day of
May, 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and FREMONT WOOD, an individual, herein-
after referred to as "WOOD."
R E C I T A L S
WHEREAS, , OODy pursuant to his agreement with CITY, has,
in conjunction with. THOMAS DONAVEN, PHI ,LIP COLLINS and SAMUUEL
MORENO, at their mutual cost and expense, constructed 484 lineal
feet of 11" A.C.P. water main, and one (1) 12" blow-off assembly,
hereinafter called "FACILITIES" to serve the development at 4791,
4781, 4821 and 4831 Los Patos and adjacent properties, including
4811 Los Patos, and FACILITIES have been constructed in conformance
with the plans and specifications approved by the Director of
Public Works of CITY; and
FACILITIES have been. dedicated to CITY; and
CITY now desires to reimburse WOOD .for a portion of the
cost of the construction of FACILITIES as provided. in Huntington
Beach Municipal gods, Section 14.20.060.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows,
1. CONSTRUCTION.
WOOD has constructed FACILITIES at a. total cost of
$9,703.40, to serve 4791, 4781, 4821 and 4831: Los Patos and
1,
Aft
adjacent properties, including 4811 Los Patos. Attached hereto as
Exhibit "A" and by this reference made a part hereof, is a map of
the area served by ;FACILITIES.
2. DEDICATION.
WOOD has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to WOOD under this agree-
ment is as follows:
20% total job cost of FACILITIES . . . . . . $1,940.60
Less WOOD's portion . . . . . . . . . . . 1,653.56
Gross refundable . . . . . . . . 286.64:
Less 10% per Code Section 14.48.60(c) 28.66
Net refund . . . . . . . . . . . . . . . . $ 253 .98
Refunds shall be payabl•3 for a period of five (5) years
from the date of WOOD' s application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to WOOD until the
Director of Public Works shall certify in writing to the Finance
Director that WOOD is entitled 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
water service fees srom the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed by WOOD is required as a condition of development
to construct additional. facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreett3e'nt
and no fees shall be date WOOD by reason of such construction
and credit.
2.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development. CITY may enter into an agreement with said developer
stating that said . eveloper is obligated, not only to the CITY,
but to WOOD and to :developers who have previously contributed to
to the cost of construction of facilities constructed hereunder to
deposit said fee with CITY.
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 the
service fee for connecting into FACILITIES constructed by WOOD.
CITY' s refusal to allow any connection or connections
into FACILITIES constructed by WOOD shall not make CITY liable
for any refund which might have accrued to WOOD if such
connection had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to WOOD for refund because of said connection.
8. AT`.l'ORNEY'S FEES.
CITY shall not be required to pay attorneys fees or
court costs for any breach of this agreement.
9. 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 Smitten.
CITY OF HUNTINGTON BEACH,
a municipal corporation
8
Mayor
ATTEST: APPROVED AS TO FORM:
City%Clerk City Att
REVIEWED AND APPROVED: INITIATED AND APPROVED:
f .ems
city/'Administrator Director of SPublic Wanks
FREMONT WOOD,
an individual
f Y
by CO
Fremont Wood
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