HomeMy WebLinkAboutROBERT BAZIL - 1978-04-03 tMBURSEMENT AGREEMENT 77- y
SEXIER. MAIN CONSTRUCTION t
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter for convenience referred
to as CITY, and ROBERT BAZIz, hereinafter for convenience referred
to as "BUILDER, "
WRTREAS, Builder, pursuant to agreement with City, has, at his
own cost and expense, constructed 2.75 lineal feet of 8" 'f7.C.P. sewer
-main and one (1) manhole in Huntington Stree'-, hereinafter referred
to as FACILITIES, to serve Builder's develo_ t known as 2320 Huntington
Street and adjacent properties, and said Facilities have been constructed
in conformity with the plans and specifications approved by the Director
of Public storks of City, and have been dedicated to City, and City
desires to reimburse Builder for the cost of the construction of said.
Facilities, as provided by the Municipal Code.
NOW, THEREFORE, in consideration of the covenants and agreements
herein contained,, the parties hereto agree as follows:
Builder has constructed, at a total cost of S4,000.00, a sewer
man line and appurtenances to serge Builder's development and adjacent
properties:. Exhibit "A", attached hereto and made a part hereof, is
a map of the area. served. Builder has dedicated said Facilities to City.
The refund to be paid to Builder, out of available funds, under
this agreement is as. follows
Total job cost of Facilities $4,000..00
Less 10% per Huntington Beach. 11unicipa?
Cade Section 14.44..090{C} 400.00
Net -Ref tmdable $3,600.00
No refand ,shall be made by City to Builder until the Director of
Public Works shall certi=:-y in writing to the Finance Director that
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Builder is entitled to a refund by reason of connection having been
made to Facilities in accordance with the Huntington Beach Municipal
Code, and that City has received the sewer service fees from the area
served.
Refunds shall be payable for a period of five years only from
the date of applicant's application for main line extension.
Refunds shall be made from subsequent development as set forth in
Section 14.40.020 of the Huntington Beach Municipal Code.
Refunds shall not exceed ninety ; ircent of offsite construction
costs.
Refunds shall bear no intere.;t.
Refunds shall be payable only to the original applicant or appli-
cants. Upon death of applicant, the right to refund shall terminate.
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 sewer
service fee. 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 sewer service fee consistent with this said agreement and no
fees shall be due Builder by reason of such construction.
In the. event City does not require a 6.E'veloper to deposit the
sewer service fees with the City prior to or concurrent with development,
3 City may enter into an agreement with said developer stating that said
2
developer is obligated, not only to the City but to wilder and to
a developers who have previously contributed to the cost of construction
of facilities constructed hereunder, to deposit said fee with City
The City sh, 'l not be required to pay attorney`s fees or court costs for
any breach of this agreement.
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It is understood that it is not mandatory that the City institute
legal proceedings to protect the interest of the Builder.
WITNESS OUR HANDS AND SEALS the day, month and year appearing
below.
DATED this i � _ day of u�, 19-"' C--.
CITY OF HUNTINGTON BEACH (CITY)
a -jcipal corpor on
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ATTEST: Mayor
City Clerk
ROBERT BAZIL (BUILDER)
APPROVED AS TO CONTENT:
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CitA, Administrator
APPROVED BY INITIATING DEPARTMENT:
Director of Pub0lic Works
APPROVED AS TO 0�2M:
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City of Huntington Beach
+ P.O. box 99 CALIFORNIA 92848
OFFICE OF THE CITY CLERK
April 4, 1978
Mr. Robert Bazil
1010 Park Street
Huntington Beach, f'alifornia 92648
Dear Mr. gazil:
The City Council of the city of Huntington Beach at its regular meeting
held April S, 1918, approved a reimbursement agreement with you for
offsite sanitary seder facilities installed in conjunction With your
developzent on Huntington Street.
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We are enclosing a duly executed copy of said agreement for your records.
Sincerely,
Alicia M. Wentworth
City clerk
pAMW:CB:bt
Enclosure.
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City of Huntington each
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P.O. BOX 190 CALIFORNIA 92648
ENCRNEERING DEPARTMENT D � � � � W E
D
CITY OF HUNTINGTON BEACH
TO: Floyd. G. Belsito, City Administrator ADMINISTRATIVE OFFICE
FROM: H. E. Hartge, Director of Public Works
DATE: March 24, 1978 APPRI)Y ED By Cl y_
COUZ-5CIL;
SUBJECT: Reimbursement Agreement #77-S1
_p STATEMENT OF PROBLEM: _ - _LERK _
Robert Bazil, Builder, has applied to the City for a reimbursement
agreement for offsite sanitary sewer facilities installed by him
in conjunction with his deveic ment on Huntington Street.
RECOMMENDED ACTION:
Approve Reimbursement Agreement No. 77-S1 with Robert Bazil and
authorize the Mayor and City Clerk to execute same.
ANALYSTS: ,
Robert Bazil has installed a sanitary sewer main and appurtenances
to serve properties adjacent to his development located at 2320
Huntington Street. The total cost of constructing these improvements
is $4,000. This cost is subject to the provisions of the Municipal A
Code relating to conditions for refundG. The subject agreement
calls for reimbursement by the City to Mr. Bazil from fees charged
to builders who develop property within the service area. The re-
fundable amount undez this agreement is as follows
Total cost of Facilities $4,000. 00
Les, 10% per H..B.M.C.
Section 14. 44.090 (C) 400.00
$3 ,600.00
Payment of the $3,600 will be mace froaa subsequent development fees
as required in tLa agreement.
FUNDING SOURCE':
There is no expenditure of funds. involved in the recommended action.
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