HomeMy WebLinkAboutRODNEY AND NAN EIDE - 1978-08-07 REIMBURSEMENT AGREEMENT BETWEEN RODNEY
AND NAN EIDE AND THE CITY OF HUNTINGTON
BEACH FOR WATER MAIN CONSTRUCTION (77-W5)
THIS AGREEMENT entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter for con-
venience referred to as "CITY" , and RODNEY EIDE and NAN D. EIDE,
individuals, hereinafter for convenience referred to as
"BUILDER" .
W I T N E S S E T H:
Recitals :
1. BUILDER, pursuant to agreement with CITY, has, at his
own cost and expense , constructed 80 lineal feet of 8" A.C.P.
water main, one (1) fire hydrant, and one 2" blow-off assembly,
hereinafter referred to as FACILITIES, to serve BUILDER'S
development known as Lot 157 of Tract No. 417 and adjacent prop-
erties known as Lots 132, 1.33,, 156, of Tract 417.
2. Said facilities are offsite and have been constructed
in conformity with the plans and specifications approved by the
Director of Public ;corks of CITY, and have been dedicated to
CITY.
3. CITY, desires to reimburse BUILDER for the cost of con-
struction of said offsite facilities, less BUILDER'S portion,
as provided by the Huntington. Beach Municipal Code §14. 20.060 .. '
WHEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows :
1.
Cost of Facilities and Area Served:
BUILDER has constructed at a total cost of $3,000 a water
line and appurtenances to serve Lot 157 of Tract 417 and adjacent
propertie.,. Exhibit "A" , attached herto and made a part hereof,
is a way •:)e area served. BUILDER has dedicated said FACILITIES
to CIT`'.
ft? A:
The refund to be paid to BUILDER, out of available funds,
under this agreement is as follows :
Total job cost of facilities $3,000. 00
Less BUILDER'S portion 750. 00
Gross refundable $2,250 , 00
Less 10% per Huntington Beach Muni-
cipal Code §14. 20. 060(c) 225. 00
Net Refundable Amount $2,025.00
Conditions ;
Refunds shall not exceed 90% of the offsite 3onstruction
costs.
No refund shall be made by CITY to BUILDER until 'he
Director of Public Works shall certify in writing to the Finance
Director that BUILDER 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.
Refunds shall to payable for a period of five- years only
from the date of applicant's application for z4.ain line extension.
2.
Refunds shall be made from subsequent development as set
forth in Section 14. 20. 06o(i) of the Huntington Beach Ir7unicipal
Code.
Refunds shall bear no interest .
Refunds shall be payable 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 FACILITIES constructed by BUILDER is
required as a condition of development to construct additional
facilities, CITY may allow said developer credit toward the
water service fee, and no fees shall be due BUILDER by reason
of such construction.
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 BUILDER, and to developers who have previously contributed
to the cost of construction of facilities constru:-ted hereunder
to deposit said fee with CITY. The CITY shall not be required
to pay ;attorney's ,fees or court costs for any breach of this
agreement.
3,
In the event this agreement conflicts with or contradicts
any CITY ordinances , such ordinances shall prevail over the `,erms
of this agreement .
WITNESS OUR HANDS AND 4_ ALS the day, month and year appear-
ing below.
Dated this day of 19/4 --
CITY OF HUNTINCTON BEACH
a municipal corporation
mayor
ATTEST:
Alicia M. Wentworth
City Clerk
Deputy City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
yctAdministrator City Attorney
INITIATED AND APPROVED
ffirectgfr of Public Works
BUILDER R
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-T?-- 1 Rod�±e Ei de
Nan D. Eide
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PEI OTES AREA 6E9VFO DY FA &ILITIE
. � City of Huntingtoneach
.,
` P.O. Box ISO CALIFORNIA 9
` OFFICE OF THE CITY CLERK
August 8, 1978
Rodney and Nan Eide
21181 Poston Lane
Huntington Beach, Ca. 92646
Dear Mr. and Ms. Eide:
The City Council of the City of Huntington Beach approved the
Reimbursement Agre lent between yourselves and the City of
Huntington Beach at the City Council meeting held Monday, August
7, 1978
Enclosed please find your copy of the Relimbursement Agreement
for grater main construction (7745).
Sincerely,
Alicia., M. 'Wentworth
City Clerk
AMW/es,
Enclosure
t
REQU r FOR CITY UNCIL ACTT �y
/- 61des
Submitted by H. E. Hartge 1119:5 L Department Public Works
Date Prepared July 17, F 197 Backup Material Attached Fx Yes C7 No
Subject Reimbursement Agreement 77-W5
City Administrator's Comments
APPROVED BY CITY COUNC:aL
Approve as recommended . ..._._�.... �? a
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions:
Statement of Issue
Rodney and Nan Eide have applied to the City for a reimbursement agree-
ment for offsite crater facilities installed by them in conjunction with
their development on MacDonald Avenue.
Recommendation
Approve the attached agreement with Rodney and Nan :;ide and authorize
the Mayor and City Clerk to execute same
Analysis:
The Eides installed a water main and appurtenances to serve properties
adjacent to their development located at 7852 Mac Donald Avenue. The
total cost of constructing_ these facilities is $3 ,000.00. This cost is
subject to the provision of the Municipal Code relating to conditions
for refunds. The subject agreement calls for reimbursement by the City
to the Eides from fees charged to builders who develop property within
the area served by the water facilities. The refundable amount under
this agr ement is calculated- as follows;
Total cast of facilities $'),000.00
Less Builder's portion 750. 00
Gross refundable 2,250.00
Less 10% per Huntington
Beach Municipal Code
Section 14.20.060 (c) 22,5. 00
Net Refundable Amount $2,025.00
Payment of the $2025 will be made from subsequent development fees as
required by the agreement.
Funding ,Source
PIOT34gre is no expend4ture of funds involved in the recommended action.
HEH•JTrg•me