HomeMy WebLinkAboutRODNEY EIDE AND NAN D. EIDE - 1977-10-03 ,1>
Mo
REI11BURSEIYIFi1T ACREiME'NT d I—W3..
r ZS i iLMENT entered into by and between the CITY OF �
A
Fit?�:�'SVICTui3 BEACH, a r.iurcias,pal corporation, hereinafter for con-
venionce referred to as ''`CITY and RODVEY BIDE, AND NAN D. EIDE, �
hereinafter for convenience referred to as IIBUILDBVI,
WHEREAS, Builder, pursuant to agreement with City, has, at
their ours cast and expense, constructed 1.95 lineal feet of BI ;,
A.C.P. Water main, hereinafter referred to as FACILITIES, to serve
Builder's Developments I,-)t 155 of Tract No 411 {AP 4142-052--3) ar.,d
adjacent properties kzao,�,m as pots 1.34, l.',�, 1.36, 137, 152, 1.53, 154 y'
of 'Tract 417, and said Facilities have bsen constructed in conformity
with the pl.ai s and specifications approved by the Director of Public
Works of City, and have been dedicated to City, and City deli :es to
reimburse Budder .for the cost of the construction of said Pacilities
less Builder's portion of s:,, << water line, as provided by the Mun-
icipal Code,
NOW. TEWRZFORC, in consideration of the covenants axad agreements
herein contained, the parties hereto agree as ;�*611ows
Buildet Baas constructed, as a total ecst of $2,225.C�, a water
main line and appurtenances to serve Lot: 155 of Tract 417 and
,adjacp3zxt propertioz,, Bxhibit "A„, attached hereto ar„d made a part
a2eraof, is a map of the area served, Builder has dedicated said
'Facilities to city.
The kefand to be paid to Builder, , oLLm of available. ,funds, und-Pr
this ;agreement is as follows;
Total, job cost of Facilities $2,225.D0
Tess BUU;'e-r "s portion _258.5
Gross refnndabl.e $1,g66.5ta
Less 10� pet' BuAtingi.on Beach Mux�i,cipal
Code Section 1.20, tl(C. 196.65
met Refundable
i
r
ION..
No refund s'Kal2 be made by City to Builder ur,t l the Director
of Public Works ;6:sa_l 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 Code, and that City has received the water service fees
from th; aromas
n
Refunds shall be payable for a period of five ye;-rs only from
s
the date of applicant's applic-tion for main line extension.
Refunds shall be made from subs-aquent dev! lopmen- as set forth
„i
in. Section 14..12.010 of the Huntington Beach �iunioi.pal Code. .
Refunds shall not enceed ninety percent of offsite construction
casts.
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
Facility c ns4ructed by Builder is required as a condition of devel.up-
meat to construQt- additional faci.l l',t es, City may allow said developer
credit teaward the per acreage fee c<msistent with this said agreement
and no fees shall be dui Builder by reason of such construction.
rn the event City does ndt require 3 developer to depos . the
water service fees with the City prior, to or concurrent with develop-
T^9nt, City may enter into an agreement with said &3 veloper slating
it said devIeloper is oblkgated, ntat only to the City, but to Builder,
and to developers who 'have previously contributed to the cost of
construction of facilities ccestyueted hereunder to deposit s�d.d fee
with City. The City shall ,not 'be required to pay attoxney's feet or
0ourt costs :for any breadh of this agreement,
it is understood that it its not mandatory that the City institute
legal, ,prope-edings to protect the interest of the. Buildea
WITNESS OUT HANDS AND SEALS t:je day, month and year appearing
below'.
DATED this S'` day of 1 , 19217
CITY OF HUNTINGTON BEACH (CITY)
a municipal corporatiofi,
:x
_ � ;..fir ..i. .,�°a��` �,�,��. �.•., "y '�.
Mayor �Ji
z
ROD?VEYSDE (BUILD ER,
RAN G. ElDg
ATTEST
OKI—)
� =' 110,71
city Clerk
APPk2 <. D ,AS o CONTENT-
AAIle
W.-(R ty A in-istratox...
�,P-PI2OVEa BY TNITIATIMS DEPAPTIMENT
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rdctaS o t12lic i_oi�kS
APPRaM AS TO FORM:
Y tea.r�j
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14c-09 n
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'n HOL-� n AVENUE
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C! !/1QC1fi1Z
40 401
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6 t29 a28 !27 126 !P, tQ '
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3 734 3" [36 t/3? I B <39 ca ! 35AC.
r d s z MO 62.34 ->
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NO rC - ASSESSOR'S B1-0GK 8 A SSESS OR',S MAP
4 PARCEL xWN15ER,S BOOK 142 RAG[- 49
SHOWN IN, GIRGLES couN }, of ORANGE
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G
EQUE6T FOR CITY COUNCIL ACTION
Submitted by H. E. Hartge.,10 Department Pudic Works
Date Prepared w _ June 2 3, _ , 19?8 Backup Mate-iat Attached [K 'Yes EJ No
Subject Reimbursement Payment
City Admimtstrator'sComments
pApprove as recommended.
YStatarrient of Issue,Pft-immendadoti,Analysis,Funding Source,Alternative Actions:
Statement of Issue
Rodney and lean Hide, Builders, have monies due them under .Reimbursement
Agreement 77--141
Recommendation
,Adopt the resolution authorizing partial payment; of $290 to Rodney and
Plan Bide for construct-on of a water main.
P::ial sxs
> In early 1.977, the Eides constructed t a {.ot al ;cyst of $2:'.2S� .a water
main in MacDonald Avenue to serve properties ad.j:acpnt to their develop
rient. The agreement with the Fides calls for reimbursement from fees
collected ;from subsequent development in the rervice area.
Vea�4 in the amount of $290 have been col leoted from a devel.op�-r whose
project is serviced by the subject water facility.
Funding Source
The payment is to be mare from the City's water hand..
it �f7a t
k.v.-.. 3 .. ... .gin...
f
s
t
y
t. RESOLUTION NO. 4628
A RESOLt1r,UON OF THE CTTX COUNXIL OF THE CITY OF
HUNTINGTON REACH AUTHORIZING PARTIAL PAYMENT CAN `
.REIMBURSEMENT AGREEKENT NO.. 77-Wl FROM WATER
FUND FOR. INSTALLATION OF MACDONALD LVENUt WATER n�4.
MIN :
WKI EREAS, the City Council of the City of Huntington Beach
has adopted a bile-gat Jfrur f1scal year 3917-1978 by Resolution x ...
No. 447 ; and
ASection 5 or said Resolution No. 4479 specifies the
procedure for authori.zi.nZ expenditures from special funds; and
The Director of Public Works and City Administrator r knave
reconnended an expenditure from the Water Fund. and the City
Couneir��.;,fhere��sy approves said
s rr�f-ycram.=nda�.ion, t M+ S,t NOW, Tkil' RBVORE� BE ,IT REr.34,�I 7' �!� vd?�" Via.�«� R+fi�'AI37�.`�..�. tk��
partial payment of Reimbursement Agreement No. 77-WI in the
sum or Two Hundred Ninety Dollars (w 0) is hereby authw l zed
to be rya .� from i.he Water Fend to Rodney and Nan Bide
stailatirn of the Mlac onald Avenue state: Plain
PASSED AND ADOPTED by the City Council of the City
Huntington Beach at a regular meeting tbe.teof held on � w
clay of June, 1978,
ATTEST
Alicia 14, We tw6rth
City Clerk Mayor"
APPPOVEL AS TO FOr(PI
BY: do-i
Cis
Clty Attorney
REVIEWED AND APPR0VFD: INITIATED AND APPROVED:
.i:'ty Administrator Dine^tar Pt�b�3.� Works
ta,I aA be
i
j Rc No:.
STM OF CALIFORNIA )
COUNTY OF ORME ) on:
CITY OF HUMINGTOW
S
T, ALICIA M. UENTWE1UH, the duly elected, qualified City
„
y Clerk of the City of Huntington. Beach, and ex-officio Clerk of the
City Cuunci.l of said Cit-e,„ de hGareby certify that the whole ntm-ber of
t, mbeas ,of the G e v thn City of Huntington Beach is se=varn
fi that the forego�'% n was passed and adopted by the affirmative
t=
gaze of more. than. _ ma jor%ty a, all the members of said City Council
at a regular tweeting thereof ;iel.d on the 2 ;_ day
of jUZL` 19_78 �y the folla,aing vote;
AYES': Councilmen:
patt nson,- jihcmas, MacAlliater,, Bailey, Mandic, Siebert, Shanlutan
NOES: Counsilmens
Notes
ABSENT l Councilmen:
Al rda M. Wentworth
CkL-y Clerk and ex-offici.o Clerk
of th- city Council of the, City
of Huntington Beach, Californ:id
.. y
BY. A"1z' 'w-A4
rr..
City of Hunfington Beech
.0
w ,...
� }'.(3> Bty}C 1£0 CALIFORNIA 0264€9 .,
ENGINEERING DEPAIt'IMEN a
? 27 1977
CITY iF HUNTINGTON BEACH
TO: Noncrable Mayor and City Coun ll ADMINIFIRATIVE OFFICE
ATTN:. Floyd G. Selsito, City Administrator
FROM: H. E. Saxtge, Director of Public Works ,& _
DATE: Spptembex 14, 1977 rFzt4W ri -CITY COUNCIL
CIL
r
SUBJECT Reimbur�ament Agreement No. 77- 1
Water Main Construction
ST.ATEMENx's
Transmitted herewith is a reimbursement agr meat between
the City and Rodney and Nate Eide for a cater main line installed
in MacDonald Avenue at their expense.. Fees will be collected
from the area served to pay the reimbursable amount to the Bides.
RECOMMENDED .ACTION:
Approve the agreement and authorize tie Mayor and City Clerk
to execute same.,
ANALYSIS;
The rides have, at their own cost and: expense, Cans ruet._d a
water main and appurtenavices to serve their development at 7872
MacDonald Avenua and adjacent properties for Zi total cost of
$2,225.00. The amount that the tides are entitled to hav! reim-
bursed is calculated as followzi
Total rT6b Cost of Facilities
Less: Bi,de's Portion of Water Facilities 258.50
Grass Relmbursable $ r996.50
Less: 1016 per HuAti.,ngton Beach Municipal
Code, Section 14.20,010 196.65
Net Retabursable $1,769.85
Payment of the above amatuit will be made .iron, subsequenw ,
. development as set fa,�h in. Secta on 7 4.12,Ol(i of the Huntington
Seacb Municipal Cade
rtIh ING ,,30'UACS.-
lei ands will be made from the Water Fund.
01
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