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HomeMy WebLinkAboutWARNER AVENUE TOWNHOMES LTD - 1986-05-05CITY OF HUNTINGTON BEACH 2000 WWN STREET OFFICE OF THE CITY CLERK May 1986 Warner Aiehue lc.r;�iorres, :.td. Casa .noa Cevelc�ment 4609 E. Al,-neim Street Suite 3 Long Beach, CA 9CUSC4 ,',,:tn: Vince mole CALIFORNIA 92648 'he City Council ref the ,.ter of r.untingtcn ?each at its regular Taeting he'd Mcnday, a'ay 5, 1�'36, approved 'rater Main Reimburse- ment FA­eea. it 35-V;1 and --torrr �ra;n Reimburse-nt Agreement 86-D2 betweL-n warner Avenue !_td., and the rite in conjunction with -ra t 'I A; wrich establishes r,:ax Jir reimburse - cent of S5,595 an,: 55,:uS, respectively. Enclosed are Codes of the acreerents *cr your files. Alicia M. '4cntwC wr Cif Clerk AM'r: b t Enclosures t E tiapbon+: 71 "3&.5227 ) Date April 21, 1986 Submitted to: Honorable :Favor and Cit. Council Submitted by: Charles W. Thompson, City a �e3r.Iinistrato41 Preoart.-Aby: Paul E. Cook, Director of public Worker Subject: Wager Mair, Reimbursement Agreement 86-W1 YSto�r. LT ra Reimbursement Agreement 86_R2 for Bract 1`2�'r Consistent with Council Policy? [XI Yes [ ] New Policy or Exception fr , Statement of Issue, Recommendation, Analysis, Funding source, Alternative Acti ,isr"fitiachments_ __7 x Stateme-t of i ss .,e : Warner Avenut`' ©Lh'-hoTMes, i.t:or zei-^ ::rse:rent of off -site Ater .;main an, G`.n .__, r+'71 .iral.. onstrL-_t.4o:. Re%€:r'.^':endat on' cipi,.rove .1'eilrLursenent Arec _n s an -; 2, chic!-. c-. ..a', -.!is! itta:{iGi^ a t._3.»1`, Analysis: In CG`'4'.i:.:et.r.o:i 'v:4. t:: ."a.^i: -.,-i�•4'.tY t,.,t_'. IF1;;t.lre, . }0 !"OtlStrUCt 1 5 linea1 f�'.•""!t r1f J"' >te 1•r,�.f e :-,a1' , ii , 1T F; _' inf::%.�. `eoll o- 3versIzed master planne. ', s+or:' ll.._:I`i. "hc,.,e' ".3'. at.t':; k z.:-'_ e :i tluro `330-elo - IizoTltS 3r'e t:1E.' ;irc i. . if .. �"t't`I't: fore•,,..,r I'Y i"+,J t",C' �"; tC I .:":i3^,Ck:: f�:1'�E.' t::F,4 C evelo-, er i:.a C1 "! +':2 :E 7'.": 'a!,, le Fun: ing 'o, urs�E- abater reimburc7,emont shal ;,F`' .. :t t'.. 'r . i_'...E.:. . r :'.; th rep art; o4ncr y,,. v,a, ..:a ... .r t e {.. ' :e. �.@ :k 't'ln,..r :tiii1 be rr iI7l ZSr yk^ For the C,I ^ .. 'i.:i '.. } s k' r.3 _ .: 3•" . . t I ; t ! .22.:a Attachments: Reimbursement A''-roome .t: s 9(-W! an I CCWT : PEC.: WAP: dw Pt0 4/84 0 REIMBURSEMENT AGREEMENT 86-W1 FOR WATSR MAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND WARNER AVENUE TOWNHOMES, LTD. THIS AGREEMENT is made and entered into on this s-'4k day of 19k(, , by and between the CITY OF HUNTINGTON BEACH, a muni_ip•a1 corporation of the State of California, hereinafter referred to as "CITY," and Warner Avenue Townhomes, Ltd. a California limited partnership, hereinafter referred to as "BUILDER". WHEREAS, nas at its own cost and expense installed water main improvements, hereinafter referred to as "FACILITIES", for the benefit of Tract 12410, in the City of Huntington Beach; and, PURSUA*;T to Chapter 99 of the Huntington Beach Ordinance Code (HBOC), FACILITIES contain supplemental size, capacity or number for the benefit of property not within BUILDER's subdivision; and, FACILITIES have been constru;:teki in conformance with plans and specifications approved by CITY's Director of Public Works and have been duly dedicated to CITY, and consist of 335 lineal feet of 8-Inch A.C.P. water main, of which 155 lineal faet are deemed "supplemental for p;, poses hereof ;attached hereto as Exhibit "A", .and by this reference made a part hereof, is a map depicting FACILITIES and the area thereby served); and; IN accordance wit?: the Subdivision Map Act of the State of California and HBOC Chapter 99, CITY is required to reimburse BUILDER for the cost of the supplemental portio;� of FACILITIES. lx-3W, THEREFORE, in consideration of the covenants and (1) agreements herein contained, the parties hereto agree as follows; 1. CONSTRUCTION BUILDER has constructed off -site FACILITIES at a total cost of Five -thousand, Five -hundred Ninety-five Dollars ($5,595.00). 2. DEDICATION BUILDER has dedicated FACILITIES to CITY. 3. REIMBURSEMEN-1 The total reimbursement to be paid BUILDER for the supplemental portion of FACILITIES is the sura of Five -thousand, Five -hundred Ninety-five Dollars (t5,595.00), plus legal interest accrued hereunder to the date of sai,31 reibursement. Said rv:mburserlent shall be -,,ade by CITY to BUILDER upor, certification of "ITY's 1)irector of Public Works to its Finance 'Director that BUILDER is entitled to reimbursement by reason of connection 1r,-.ving t,aer made to FAILITiES by a siabsequent developer in accor;iance With the Huntirgt,-)n Beach Municipal Code and this Agreement, an.! '-'-.at CITY has received the subsequent developer's service Look -up fee as set forth above. 4. LIABILITY (-"jF CITY CITY shall not Le liable tc BUILDER for payment of any reimbursement by reason %f city's failure coilect or receive from any s,_(bsequent developer the service hook-up fec for connecting into FAC-ILITIES, CITY'S refusal to allow any sub5equexit developer to connect into FACILITIES constructed by LIJILDER shall not make CITY liable to BUILDER foz --ny reimbursement monies which woold have accrued to BUILDER if such connection had been permitted. (2) 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6. ATTOR14EY S PEES In the event suit is brought to enforce the terms and provisions of this Agreement a reasonable attorney's fee, to be fixed by the court, shall be paid by BUILDER in CITY'S favor. REST OF PAGE VOT USED (3) I� j. ENTIRETY Mis writing contains the entiro Agreement between the parties hereto. IN WITNESS WHEREOF, the parities hereto have caused this Agre.ament to be executed by and through their authorized officers the day, month and year first above written. BUILDER; WARNER AVENUE TOWNHOMES, LTD., a California limited partnership By: r it ` ..G'✓ x he{mas d.�L-�J1� YGene rcaal Partner ATTEST: .tom �T �--� r y F"'r w "'i� ,✓.:�' G��'c ���� City Clerk CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Dr APPROVED AS TO FORM: q City At, o ney �-f REVIE APPROVED- INJTIATED AND �APP"D: .o, Cil blic Workz (4) CV CO ti 29 LYNN y r Oj9}FT d- —• L2: TRACT TRACT TRACT 90 ed- `•. J � 3 4� s tri - i5 a r L W W SL K /S 5� B zoo- ' O I � i @ 41 50 1 G WW oo ,L F Q N Ill 40 39 y 12 :ii: ! C�36 - 5� NO S6 �r 307 two Ibo rr^a' /: �f9 54 33 . GJhK @ _ , •.S AC -' 31 " y0 Lu 2E3 ` 27 Qz NO ///0 4 2. too 14 206 `✓ 5 I2 . + 71 20 0 - ^ 22 23 24 0 tor / 15 y ' P41 /45-35 PM IZ4-14 PM /59 3/ 2'3 SIMS v y MARCH 1982 TRACT NO, 86 M.lot ! —35. 36 - ,