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Home My WebLink AboutRODNEY AND NAN D. EIDE - 1977-10-03 7% Eo'f f� t REIMBURSEMENT AGREEME,'NT 77--Wl WATER MAIN CONSTRUCTION THIS AGREEVUENT entered into by and between the CITY OF HUUTINGTON BEACH, a municipal corporation, hereinafter for con- venience referred to as "CITY" , and RODNEY FIDE, AND NAN D. EIDE, hE -einafter for convenience referred. to as "BUILDER" , Builder, pursuant to agreement with City',. has, at their own cost and expense, constructed 195 lineal feet of 81T A.C.P. water main, hereinafter referred to as FACILITIES, to serve Builder' s Development Lot :155 of Tract No, 417 ,IMP #142-092-31, and adjacent ;properties known as Lots 1.34, 13x' , 13-6, 137 152, 153, 154 of Tract 41 i and said Facilities have b<ren constructed in t-,;,,nformity with the plans and specifications apprcied by the Dirertor .f Public Works of City, and have been dedicated to City, and City desires, to reimburse Builder for the cost of the onstructLon of said Facilities less Builder' s portion of said water line, as provided ty the Mun- icipal Code, NOW, THEREFORE., in consideration. of the covenants and agreements herein contained, the parties hereto agree as follows s Builder has constricted, as a tntal„ cost of $2,225.00, a water *Hain ,line and aprurtenances to serge Lot 155 of Tract 417 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 $2 225.00 Less Builder fs portion 258.50 Gross refundable $1 ,966.5(1 Less 161 per Huntingto=x Beach Municipal Code Section 14,20.0 0 (C) 196.65 Net Refundable ;1,-769.35 -Z- y §t 4b No refund; shall be made by City to Builder until the Director of public Works shall certify in writing to the Finance Director that Builder is entitled to a refund by reason of connection having been made to Facilities in accordance with the Huntington Beach Municipal Come, and that City has received t' e water service feet, from the area served. ° funds 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 14.12.010 of the Huntington Beach Municipal Code.. Rc-, %�nds shall not exceed ninety percent of offsite construction Costs. Refunds shall bear no interest. Refunds shall be page "e only to the original applicant or applicants. Upon death of applicants, 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 water service fee If a developer who develops property served by the F'aaility �.:onstrizcted by Bgilder is required as a conditic;n of &Zvelou- ment to constructs additional. facilities, City may allow said developer credit toward the per acreage fee consistent with this said ag-_eement and no fees ,,hall be due Builder by reason of such construction. In the event City does nbt require a developer to daposit the water service fees with the City price to or concurrent with develop- mevt, City may enter into ask.•agreement with said developer stating that said developer is ob? .gated; not only to the City,, but to Builderg and to developers who have previously -contributed to the cost of constru;tion of facilities constructed hereunder. to deposit said fee Stith C:`:.ty. The City shall not be required to pay attovt.4y l s fees or court costs for any breach of this agreement . It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder, -2- t WETNESS OUT HANDS AND SEALS the day, month and year appearing below. DATED this S� day of 1977 CITY OF HTINTINGTON BEACH (CITY) a municipal corpoz ation Mayor RODNEY IDE (BUILDER) NAN D. E17 -ATTEST cz� yx City Clerk APPROVTD AS 0 CONTENT e City A inlstratar APPROVED BY INITIATING DEPARTMENT Dir ctor of/ ubb c, work: i APPROVED AS TO FORM; -3- 142- 09 t m ,Q HOL-�T- a ° A VENUE Ln " 1 4'D 64• 5O /o lvcy ups +s• �3 iza-oi-- ( 25 �`4 `5 o109 , I N� N t N /0 Lor 1 0 l30_, )29 128 127 126 125 124 N l33 35� 136 /3Y /38 /39 _ 0 1. 35 AC. Q NO. 6234 15b' Z i V 116 �� 41 �23) ' � 1 �0 117 � �o,I Q ias ' N v 11e a � o 19 p 18 z /2 MACDONALD ,� AVENUE 44 4.2 I� r � N 6 LJ z 14 157 /s.5 5 5 / . 1J;3, 151 /50 /49, 147 J32' t LQ- I �� -�No�c�srE� ��A 5;✓RV�D NOTE A„.FESSOR'S BLOCKS ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PACE 09 SHOWN /N .C/RC'L ES COUNTY OF ORANGE CD F • •fit � r REQUAT FOR CITY COUNCIL ACTION Submitted by _ H. E. Hartgelo /" Department Public Works Date Prepared June 23 , _ , 1978 Backup Material Attached 7 Yes � No Subject Reimbursement Payment City Administrator's Comments r� Approve as recommended. Statement of Issue, Recommendation,Analysis, Funding Source,Alternativ&Actions: Statement of Issue Rodney and Nan E 0e, Bu41lders, he -,s due them under Reimbursement Agreement 77-W]_ Recommendation Adopt the resolution authorizing p rtial payment of $290 to Rodney and Nan Eide for construction of a way .e ;.tarn. Analysis In earl; 1977, the Eiden construe: � ;t a total cost of $2225, a water main in MacDonald. Avesiue to serve pzo;perties adjacent to their develop- me-ht. The agreement with the Eides calls for reimbursement from fees collected from subsequent development in the sr,-•vice area. Fees in the amount of $290 have been collected from a developer whose project is serviced b��r the subject water facility. Funding Sou...,ce The payment is to be made from the City's water fund. F HEH:JWW:mc Flo 3ns apt RESOLUTION NO. 4628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTTiORIZING PARTIAL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 77-Wl FROM WATER FUND FOR INSTALLATION OF MACDONALD AVENUE WATER MAIN WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for fiscal year 1977-1978 by Resolution No 4 4 79 and Section 5 of saidzResolution No. 4479 specifies the procedure for authorizing expenditures from special funds; and The Director of Public Works and City Administrator have recomended, an expenditure from the Water Fund, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council that partial payment of Reimbursement Agreement No. 77-W1 in the sum of Two Hundred Ninety Dollars ($290) is hereby authorized to be made! from the Water Fund to Rodney and Nan Bide for in- stallation of tho MacDonald Avenue Water Main. PASSED AND ADOPTED by the City Council of the Cicy of Huntington Beach at a regular meeting thereof held on the 19th day of June; 1,078. ATTEST: Alicia M. Wentworth City Clerk Mayor BY: APPROVED A3 w TO FORM: � - f� Deputy City Cle °�' ✓ City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED City Administrator Director Pubic Works WSAbc 0 R04No. S'rA'rE OF CALIFORNIA ) COUNTY OF ORANGE ) es CITY OF HUNTINGTON BEACH ) I, AL CIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Be&zh, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number cE members of the City Council or the Cicy of Huntington D�t:ich is seven; that the foregoing resolution, was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at u regular meeting thereof held on the 3_ day of July , 19 78 _ by the following vote: AYES: Councilmen; Pattineon, Thomas, Mac.kll ,er, Bailey, Mandic Siebert, Shenkman NOES': Councilmen: None ABSENT: Councilmen: Alicia 'M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: tO Deputy MMMMMIP Affk WHITE CITY ATTORNEY J� � r EI_utl-CITY CLERKCITY 0.:�. 3UNT6NGTON BEACH No. GREEN•CITY ADFA!NISTRATOR "! CANARY-0 EPARTMENTAL ,, REQUEST for ORDINANCE or RESOLUTION Date Request matte by Department INSTRUCTIONS. Pile request in the City Administrato,-%Office quit Iv a,pohsible but not later than noon,one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessar, <' r Cty> Attorney's use in preparation of ordinance.In a separate paragraph outline briefly reasons for the request of Council Action.Attar, i papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Mminisuator's Office. Preparation of an Oratiancr Resolution s hereby requested: an »'vim 4{',eA@ ? No. 7 -471 for thO ii:'1L3ta".#.', at. '.try: i i s r as r,�.»:w? ?ry " C�3 ��»c�.C"�0..' ? ..,, iraL't;�«..+w,. u,.,,. �.c"�;,�. '��1"rl't�� ` <w "_:> �.�o mixc 7 Desired effective date Signed: Approved as to availability of funds �:�'"� = '��' •-� `��;.»�..., y "� � s 't,* Director of Finance My Attorney PlSasc prCpare and submit printed copies va thls`tt f--ee byt 117 w City Administrator , Lo City of Huntington Beach P.O. BOX 990 CALIFORNIA 92649 E�ZGINEERING DEPAR'F'M ENT D f 9 E C Z 7 1977 r OF HUNTINGTOlV BEACH TO: Honorable Mayor and City Council ADMINISTRATIVE E N BE ATTN: Floyd G. Belsito, City Admin -itrator , ICE FROM: H. E. Hartge, Director of Public Works DATE: September 1.4, 1977 APPROVED BY CITY COUNCIL SUBJECT: Reimbursement Agreemeirt No. 77- ]l614 .? Water Main Construction STATEMENT: �. .. CITY c ERK Transmitted herewith is a reimbursement agr ment between the City and Rodney and Nan Eide for a water main line installed in MacDonald Avenue a,, their expense. Fees will be collected from the area served to pay the eimbursabl.e amount to the Eides.. ., RECOMMENDED ACTION: Approve the agreement and authorize the Mayor and City Clerk to execute same. ANALYSIS The Eides have, at trair own cost and expenses constructed a water main and appurtenances to serve their development at 7C72 MacDonald Avenue and adjacent properties for a total cost of $2, 225. 00, The amount that the Eides are entitled to have reim- bursed is calculated as follows Total Job Cost of Facilities .$2,225.00 Less: Eide`s Portion cf Water Facilities a 253. 50 Gross Reimbursablefi1,996.50 Less 10% per Huntington Beach Municipal , Code, Section 14 .20.010 196. 65 Net Reimbursable $I.,769.Q'5 Payment of the above amount will be made from subsequent development as set forth in Section 14.12.010 of the Huntington Beach Municipal Code. FUNDING SOURCE: Refunds will be made from the Water Fund. HEH:JWWlw