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Home My WebLink AboutWARNER AVENUE TOWNHOMES LTD - 1986-05-05 (4)1 t REIMBURSEMENT AGREEMENT BG-D2 FOR STORM DRAIN CONSTRUCTION BETWEEN THE CITY OF HUNTINGTON BEACH AND WARNER AVENUE TOWNHOMES, LTD. a �•' fF, � THIS AGREEMENT is made an-' . entered into on this -day of 19 by and between the CITY C,F HUNITI_NGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Warner Avenue Townhomes, Ltd, a California limited partnership, hereinafter referred to a- "BLILDER". WHEREAS, BUILDER has at its own cost anA expense installed storm drain improvements, hereinafter referred to as "FACILITIES", for the benefit of Tract 12410, in the City of Huntington Beach; w and, PURSUANT to Chapter 99 of the Huntington Beach Ordinance Cade (HBOC), FAC_LITIES contain s,3nplemental size. capacity or number for the benefit- of property not within BUILDER'S subdivision; and, FACILITIES have been oonstrurtad in conformance with Flans and specifications approved by CITY's Director of Pkil�lic. WT,Tka; <.nd 'rave been duly dedicated to CITY, and con-i,t of 156 :,..Lneal feet Y of 42-inch R.C.P. storm drain, of which :s6 lineal feet are .teemed "supplemental" for purposes hereof (attached hereto as Exhibit "A", and by this reference made a part hereof, is a map depicting I.kCILI TIES acid the area '.hereby served),- and, IN accordance with the Subdivision M.p Act of the State of California and HBOC Chapter 99, CITY is re -juiced to reicu;)urse BUILDER for the cost of the supplemental portion of FACILITIES. NO::, THEREFORE, in consideration of tht� covenants and (l) .. 0 a agreements herein contained, the parties hereto agree as follows: 1. CONSTRICTION BUILDER has constructed FACILITIES at a total cost of Eleven -thousand, Four -hundred Forty-eight Dollars (a11,248.00). 2. DEDICATION BUILDER has dedicated FACILITIES to CITY. 3. REIMBURSEMENT The total reimbursement to be paid BUILDER for the supplemental portion. of FACILITIES is the sum of Five -thousand, Three -hundred Eight Dollars ($5,308.00), plus legal interest accrued hereunder to the date of said reibursement. Said reimbursement shall be made by CITY to BUILDER upon certification of CITY's Director of Public works to its Finance Director that BUILDER is entitled to reimbursement by reason of connection having been made to FACILITIES by a subsequent dev..!loper in accordance with the Huntington Beach Municipal Code and this Agreement, and that CITY has received the subsequent developer's service hook-up fee as sqt forth above. 4. LIABILITY OF CITY CITY shall not be liable to BUILDER for payment of any reimbursement by reason of city's failure to collect or receive from any subsequent developer the service hook-up fee for connecting into FACILITIES. CITY'S refusal to allow any subsequent developer to connect into FACILITIES constructed by BUILDER shall not make CITY liable to BUILDER for arc reimbursement monies which wfuld have accrued to BUILDER if such connection had been permitted. 5. CONNECTION BY PUBLIC AGENCY CITY retains the right to ailoa a connection by a (2) Ir 0 11 L] public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 6. ATTORNEY'S FEES 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.. 7. ENTIRETY This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto Nave caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BUILDER: WARNER AVENUE TOWNHOA"_ES, LTD., a California limited partnership By:Thomas G . �Cole-General Partner ATTEST: C.�''�-' ram. f,i✓+ 4- yr� ;� ��-�t=r ,� sc? City Clerk REVIEVIF&P AND APPROVED- i-f:V A kir;lstr for (3) CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California � � B Mayor APPROVED AS TO FORM: + � City Attgt, ey f INITIATED AND APPROVED: Director of Public Works I= j a . LYNN 0 d tj 29 TRACT TRACT TRACT Pod- i OJ aC for I? a � p 19L K. /8 —0 t12 AC < -306 C\j -7 @ I— I luo 1 307 NO 86 co t F, PROJECT 9J9-54 5 031 AC. 07 Lor J LL111 "I t 029 A10. 11104 08 & 0P/W 158-il A I -or 15 i45-55 PAI I.74- 14 , 25 shun MARCH 1982 TRACT NO, 86 U. /M �� -� CITY�°��=�� Np��U�� N 0 N0��N�~��'N-��J� BEACH m ��n—' �—mw��mn� m mm��~�� m w�"�m�a m��m"�m~�um��mr-m 2000 MAIN STREET OFFICE OF THE CITY CLERK Warner Avenue Townhomes, Ltd. � Casa Linda Develnpment 4609 E. Anaheim Street Suite 3 Long Beach, CA 906�4 �t�n: Vince Cole CALIFORNIA 92648 7he City Council of the City of "ant`ngton Seacr at its regular -neeting held Monday, May 5` 7926, aporovedl ,ater vain Pe4mburse- �ent Agreement �6-�� and Storm Drain Qeimbur�ement �greecent 85-!�2 between Warner Avenue Tn*nhnmes, Ltj., unO. the City in conjunction with Tract 12419 which eytati`sl-es r�,.axim:m reimburse- ment of S5,595 and 35,3CO` res;ective�y, Enclosed are copies of the agreenents +or vour fi�es' Alicia 1M. Wentworth City Clerk Enclosures (Telephone: n4-5m"227) REQUEW FOR CITY CC)UNCO ACTION Date kpril 21, 1986 ,y- Submitted to: Honorable Mayor and City Council , Submitted by: Charles W. Thompson, City :Administrat`o� Prepared by: Paul H. Cook, Director of Public Work�� Subject: Water Main Peimbursement Agreement 86-Wl ;a�i*I Stor Dra 4' Re mbursement Agreement 86-D2 for Tract 12410 Consistent with Council Policy? [X1 Yes [ ] New Policy or Exception' ' Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Acti\ns, achments:' . Stateme^.t of issue: Warrier Avenue Townhomes, Lt;l. is seeking approval for reimbursement of off -site water main and oversize! stormdrain construction. Recommendation : Appr.)ve Reimhursement'reements 26-•Wl and 36-D2, whip establish maximum e._;:r:ursement c f S5,545.0, an.,-. $5,3C3.;,,C, respec}iJel;T Analysis: in coni c.^act. rn .th Tract t 1.2. 11 t, '. i r d � construct .-� w' 4 w, ~e eve c�.e ..s required o co..st 155 lineal feet of of. -site water :Hain and 156 lineal feet of oversized. master planned s,-orm ulrzin. .here faci11t-1 s will serve future cieve op - :rents in the area. Ttore'fore accor: any to the ."tv's wrdinance Co34 the developer is elig :.l for re-ImIursement as funds become a,,,ailable. Funding Source: Water reimbursement shall :ae from fees col ?.ectc 7 from the ad j acent property owner when h(z tier into the facilities. The developer will be reimbursed for the storm drain from t?.e Drainage District fund. Attachments: : Reimbursement Agreements Bti-t,l and 86-D2 CWr : PHC: WAl' : dw U/- P10 4194