HomeMy WebLinkAboutROBERT BAZIL - 1978-04-04 kr..1"URSEMMMNT AGREEMENT 77--5.
SSE 1 R MAIN CONSTRUCTION
THIS AGF.EEKENT entered into by and betwsez: the CITY OF HUNTINGTON
BFACHs a municipal corporation, hereinafter for con-Lenience referred
to as 'CITY," and ROBER` BA:1L, hereinafter .for coLveni.ence referred �
to as YT
WHBRMAS, Builder, pursuant to agreement with CC tyt has, at his
` -own cost and expense, constructed 275 lineal. Sept of 8" V.C.F. sever
maim and one (1) manhLle in Huntington Street, hereinafter referred,
to as "MCILITIZS, to serve Builder's development known as 2320 Huntington
Street and adjacent properties r aid said. Facilities .have bee rfi constructed
in conformity with the plans and specifications approved by the Director
of Public L o, ks of City, and. have been dedi.o"—I ed to city, and City
desires to reimburse Builder for the cost of the construction of said
Facil.iti�s., as provided by the Municipal Code,
NOW, THEREFOREr in consideration of the covenants and agreements
herai.n contained, the parties hereto agree as follows:
Builder has constructed, at a total cost of �4,000.00 a sewer
main ,hire and appurtenances to serve Builder's development and adjacent
properties. EY"aibit *'A", a, arched .hoxiYto and made a part hereof, is
a map of the area served,. Builder gas dedicated said Facilities to lity.
The vefur4d to be pain. to Builder, out of available fuhdr;, under
this agreewtent is as f011,ows
Total job cost of ravi.li.ties �,tl0fs0a
cress 10 per Huntington Beach muDicipal
Code Section 14.44,.090(C) 40MO
feet Refundable a3,600.00
r ►o ref and .shall be mane by Cib;, to Builder until. the Director o
Public works shall certify in w i.t.i- g to the F nan ce Director that
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Builder is entitLc,d to a refund by reason of connection having been �x
made to Facilities in. accordance with the Huntington Beach Municipal Y
Coder and that City h4s eceived toe sewer service fees from the area
served. "
Refunds shall be payable for a period of fire years only froma
the date of applicant's application for main line extension. Y.
Refunds shall, be made from subsequent development as set forth in �
se;Lion 14.40.0-40 of the Beach Municipal Code. ti
Refunds shall not exceed ninety percent of offsite construc::ion
costs.
Refunds shall bear no n-er�--st>
` 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 o�- receIve from any person or entity the .sewer
service fee. if a developer who develops property served by the
Facility oarr.structed by Builder is required as a cGnditi.on of development
to cod struct additional facilities, City may allow said developer credit
toward the serer se vice ;gee consistent- with this said agreement and no
fees shall be diva builder by reason rtf such construction.
.fin the avenu City does not require a developer to deposit the
sewer service fo-es i:th the City prior to or concurrent Frith development,
r City may ep+*r into an agreement with said developer stating ng that said
# evel,oper L_ Obligated, not only to 4he City :tut to Builder and to
f
f developers whohave previously ntributea to the cost of construction
o'f failzties constructed hers<xx34era to deposit said f+as *it:h Caty.
bo City sh�:l.l, not be refired to pay attorneys fees or court costs for
any breach,of this agreei-Vent.
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It to understood that it is not mandatory that the City institute
legal ptooeecz zz s to p oteCt the intexest of the wilder,
WTTUESS OUR HANDS AND SEALS the day, month and year appearing
DATEDthis day of---e` ` 294a--. ;
'CITY OF HUNTINGTON BEACH (CITY)
a e .ga1 corpar an
ATTEST Mayor
C'i ty Clerk
ROBEAT BAZIL (BUILDER)
XPPR,aVZD AS T-0 CONTENT:
Ci. Administrator
APPROVED BY INITIATING DEPAA°�.� NT
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S�w�i� 'A 1LstT�r.V+S.y,.
W"y.�..
i� XHIDIT Y .
WICHITA M.
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S'_ems a
6CFL�: �. 1�►.�Ot�'
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City of HuntingtonBeach
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P.O. Box ISO CALYFORNIA 3ZM
'MU 2< 1978
CITY OF HU TIXGT4N BEAVU
TO F1?yd G. Belsito, City Administrator ACMIMSTF TIVE U CE
FROM K- E. Hartge, Director of Public WQr
DAIt. March 24, 1978 Al a
SUBJECTt Reimbursement Agreement #77-S
STATEZENT OF PROBLEM: �qi
Robert Bazil, Builder, has applied to the City for a reunbr :ement
agreement for offsite sanitary seiner facilities installed , him
in conjunction with his development on Huntington S'creet>
RECOMIENDED ACTION;
Approve Wzimbut:sement Agreement No., 77-Sl with Robert Bazil and
authorize: the Mayor snd City Clerk to execute same.
ANALYSIS,-
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 orovis.ione of the Municipal le
Colo relating to condition=r for refunds. 'rho subject: agreement
calla for reimbursement by the City to Mr, Hazil from fees charged
to builders who develop property within the service area. The re-
fundable amount under thin agreement is as followe
Total, cost; of Facilities $4,000.00
Less 10k per H B.X,C.
Section 14.44.Q90(C) 400 0
Payment of the $3 600 will be made from subseqt ent development fees
as required it the agreement.
There is expenditure of funds involved in the recommended action,