HomeMy WebLinkAboutRODNEY EIDE AND NAN D. EIDE - 1978-08-07 a
REIMBORSEDMNT AGREEMENT BETWEEN RODNEY �<
AND NAN _WIDE AND THE CITY MF RUNTINOTON �
REACR FOR WATER MAIN CCNiTRUCTION (77-1J5) �
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THIS AGREEMENT entered into 15y and between the CITY IF
HUXTINGTIDId BEACH, a municipal corporat"a i, hereinafter for con,--
vvalenae referred to as "CITY"", and RODNEY BIDE and NAN D. SIDE,
indi-�-iduals, here4.nafter for convenience referred to as
W I T B S S E T H:
Recitals;
1, BUILDER, p4rau.a t to a6reement with CITY, has, at his o.
own cost and expense, cunstruf fed 80 lineal feet of 8,1 .i.L.
water main, one (1) ,fire hydrant, and one 11 jtlow-of# assembly,
hereinafter referred to as PAwILITIE , to se*ve BUILDERI
developpient known as Lot 157 of Tract No. 417 and adjacent prop-
erties iknowa as Lots 1.3Z, 133, 156, of Tract 417.
2. Said facilities are offsite and have oeen constructed
Ln corrormity with the plans and specif cation* approved by thr
Director o!` Public Workr, of CITY' and have been dedicated to
4:
3. CITY desires to reimburse BUILDER for the cost of con-
struction cif said offsite f'a^llit es, less ';�UILDEh'E portion,
as ProvIded by the 14untIngtonA Beach Munteipa.l. ^ode §14,20,060,
W4MFt3n4 In oonali�sratton of the cov na4ts and agreements
herein contained, the parties hereto agree as follow,
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f Cost of Facil a es and Area Served
$UI:�DIl '151 has constructed at a total cost of t3.)00 a water
line and agpurtutianceq- to serve Lot 157 of ra�t 417 and adjacent a
ProPertier. ExMbit "A" attached herto and made a. part here,,,f,
ry is a map of the area served. BUILDER has dedicated said FACILITIES r � .
tc CITY.
Refund:
The refund to be paid to BUILDER, out of available fun s,
tender this agreement is as follows
Total job cast of facilities
Less ss�ILD,4WS portion ? 0.0
Gress ref:mdab le $2,250.00
seas 10 per Hwitington �,eac;h Muni-
cipal Cade 34.20,v600c} 2e5.0
ate Refundable Amount
Conditions;
Refunds shall not excee 0% of the offsi4e construction,
costs..
No refund shall be made by CITY to BUILDER until the
Director of Public Wcrka shall certify in Writing to the ? nanoe
Director that BUILMR is eiititl,ed to a Pefun$ by reason r r con
neetion having been oade to FACILITIES in accordance wi,th t*�e
R'untingt or. Heaicb ezniclpal Code, and that city has received
the water service .fees tram t-he 4rea Wervad
Re-Ponds shall be payable for a perlod of five* yeas as
frost the date of applicant a s arpli.cati on for main i lne extensi on<
2,
Refunds shall be rude from Subsequent development as set
w,
forth in Section I4.2G.060( ) of the Huntington Beach Mui>, cipal
Code. ITA
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Refunds shall bear no 11itez est.
Refunds shall be payable only to she original applicant or ,
t1 It
applloants� t1pon death of applicants, the right to refund sha'?i �...
terminate
y
CITY s za.0 not ba liable Agar -,aymert of any refund. by
.reason of itds failure a;o collect or receive xI*t3m anypees". �?
or entity tj e water servi:e fee, If s :levelo er who develops
property served by the FA;I'ITTI�` constructed by BU.T.LL �s
required as a condition of development to constraoL a dltional
faciii sie , I *t may allow said devc,,l per credit toward the
eater ser,"Ice fee, and no fees snal> . � clue BUILDER by reason
of, such onz traction,
In the eyexat CITY does not rpg4im- a developer to deposit
the eater s rvi e fees ltza tie C'.`"Y prj.or o or wo cux�x* v �titYa
development, 1131TY may enter In"o an a ree:.ent with .sal i developer
$taLt",IIS sjrat saja develope— as ob'44at.,d f, not :anly to the CITY,
but :o ,BUILD RO and to developers who have ter--Viously contributed
to the cast of construction of faoil'tiej constructed hereunde
to .4eposit said. f'ea with CITY, The CITY shall not be required_
to pay attrrrney's :fee$ or aourt costs for any breach of this
In the event this agreement conflicts vrith or cantradiets
u any CITY ordinances, such ordinances shall prevail over the terir. j
of this agreement.
WITNESS OUR HA14DS AIM, ,AILS the days month and year appear-
ing below.
Ua., i this - >__ day o 19,
CITY OR HUNIEING x,.:� BEP%.N
Y a municipal Corporation.
.�3 t7r
ATTEST
Alicia M. wentwarth
City Clerk
Ueputy City
,/.Clerk
APPROVE A$ TO COON TENT: APT ROVED AS TO FORD!.-
..rNITIATED AIR:) APPROVED:
4D'ireat_&Xr
_ publie_ T_mow .:
1lVdLae Yt'.S. 4 tVVlVV/ ,•
a$ itx. D. E15e
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IS 04
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atlJT, T? 50 32+
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tr 1 3 134 W1 i a 1,tc `137 W8 13S
AV 6234
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H 118 _ 7
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DONALD
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P 15J - A
Q64,aT66 AREA 0f Y60 6Y FAG1LIT1
E UE r FOR CITY COUNCIL. ACTS
H. E. Hartge , % Public Works ' <`
Submitted by Department
4 Bete Prepared u'ul 5= 17 , 19 78 Bacl�up,Material Attached. nx Yes Q No
Subject Reimbursement Agreement 77-W`
1.a
City Administrator's Comment', V11 y`>PR0VZD BY CITY COUN'tL._
~ Approve as i ecommended.
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Statement of issue, recommendation,analysis,Funding Source,Alternative,fictions:
r.
Statement of Issues
a Rodney and Nan 'Bide have applied to the City for a reimbursement agree-
ment ;for offsite water facilities installed by them in conjunction with
their development on MacDonald Avenue.
Recommendation
Approve: the attached agreement with Rodney and Nan Bide —thorize
the Mayor and City Clerk to execute same.
Lnalwysis
The Bides installed a water thin wid appurtenances to ser- ' ertie
adjacent to their developmenv located at 7852 Na.c Donald .<. The
P total cost oZ constructing t�tese facilities is $3,000.0C. `s'�;=',; '-ost is
subject to the provision of the Municipal Coda relatiw-1 o w.nr,Utions
for refunds,. The subject agreement calls for rei<nbur:; -ae City
to the aides from fens ch >rged to builders who aeveloi within
the area served by the water facilities. The refundawk at cinder
this agreement is calculated as follows:
Total cost, of facilities $?,000.00
Lesss 'Builder's portion 750.00
Gross refundable 2,250,.00
Less 10% per Huntingto,
Beach Municipal Crde
Section 14,20.060(c) 225.00
f
Net Refundable Amount 52,025.00
Payme t 60 the $2025 will-be made from subsequent development fees as
xoguir'+ed by the agreement..
�
landin S
. csuri~t
po re ;le no expendltuxe of funds involved in the recommended action,
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