HomeMy WebLinkAboutClassic Development Corporation - 1974-08-05u
REIMBVRSE14ENT AGREM-1EXT 74-S3
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation, hereinafter :for convenience' ref erred
to as "City", and Clazs;Lc Development Corporation, hereinafter_ for convenience
referred to as "Builder."
WHEREAS, Builder, pursuant to agreement with City has, at his own
cost and expense, constructed a sewer_ line, hereinafte. referred
to as faciliti_esr to serve Builder's subdivision Tract No. 7601 and
-djacen,t properties, and said facilities have been constructed in
conformity with the plans and specifications approved by the Director of
Public Works of City, and have been dedicated to City, and City desires
to reimburse Builder for a portion of the cost of -the construction of said 4'
facilities as provided by the irdinance code,
NOW, THEREFORE, in consideration of the premises and agreements
herein contained, the parties hereto agree as follows
Builder has constructed, at a Dotal cost of $13,667.27 a sewer line
and appurtenances to s8r-ve Tract 7601 and adjacent properties. (See
Exhibit "A" at,Lached hereto and made a part hereof for a.map of the area
served) and has dedicated said facilities to City.
The refund to be paid to Builder under th's agreement is as follows:
Total job cost of facili-ties $13,667.27
Less 10% per Huntington Beach
Ordinance Code Section 3545(c) $ 1,366.73
Net. Refundable: $12,300.54
f`
No refund shall be made by City to Builder until the Director of Public
Works shall certify in writing, to tha Finance Di--ector that Builder is
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington Beach Ordinance Code, ,ind that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from any person or entity the connection fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to protect the interest of developers, either individuals or,zntities, who
have previously constructed similar facilities, by the collecting fees, either
prior to or concurrent with the development, or an-, property served by the v
facility constructed under this -agreement. -f a developer'wno develops property
served by the facility constructed by Builder is required as a condition of
development to construct additional facilities, City may allow said develo;.e
credit toward the per acreage fee consistent with this said agreement; and no
fees shall be due Builder by reason of such construction City further agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities described herein.
in the event City does not require a developer to depi)sit the connection.
fee wai:h the City prior to or concurrent with development, City will provide
an r event with said developer 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 constructed hereunder to deposit
said fee with City; said agreement will further provide that in the event
thrt it becomes necessary to institute legal proceedings, either by the City
or by Builder or developers, -who have previously contributed to the cast of
such facilities, to enforce the rights of the parties theretarder, that the
prevailing party shall be entitled to reasonable attcrney fees; provided,
however, that the City shall not be required to pay the attorney fees for any
of the parties.
-2-
It is understood that the City is not required to institute legal
procead�ngs to protect the intere,s� of the Puilder, but may do so.
WITNESS OUR HANDS AND SEALS the days month and year appearing below.
OA 'ED this 5th day of August 1974
CITY OF HUNTINGTON BEACH,
a municipal'orporation
Mayor
ATTEST,
City Clerk
BUILDER GVe',�ell
APPROVED AS TO FORM
REQUEST FOR ' CITY CC COUNCIL A&ION �
Michael Zambor IV Public Works
Submitted b YDepartment Y ____ p
Date Prepared April 24, 9 7 9 Backup Material Attached Q Yes No
Subject Reim?iursement to Classic DevelopmentCorp.for Construction
of _a Sewer Line
City Administrator's Comments
Approve as r eccmmen.de
�t3,CT GL9i�1�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: y
Statement of Issue:
Sewer fees have been collected from a developer whose project is servi'ed
by a sanitary sewer facility which was constructed by Classic Development.
Recommendat4 on
Adopt the attached resolution authorizing payment of $3619.74 to Classic
Development Corp. as final payment on Reimbursement Agreement No. 74-S3.
Analysis
In 1974, Classic financed the construction of a server main line in con-
junction. with Tract No. 7601. The agreentent with Classic calls for
reimbursement by the City to Classic from sewer connectiori fees collected
from subsequent devr opment.
Since the agreement was signed, one payment was made to Classic in the
amount of $8680.80, leaving a balance of $3619.74.
sewer fees in the amount of $3619.74 are now available for payment to
Classic.
Fundin2 Source
Payment is to be made from the Sewer Fund.
M4 D'WW : me
PIU W78
p
•'i°:
RESOLUTION NO.
4745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZINCr
FINAL
PAYMENT ON
REIMBURSEMENT AGREEMENT NC.
74-S3
MOM SEWER
FUND FOR SEWER MAIN LINES INSTALLED IN HUNmINGTON
STREET AND ELLIS AVENUE
WHEREAS, the City Council of ,he C tntingGon Beach �
has actopted a budget for fiscal year 14. ,6 by Resolution No.
4479 and
Section 5 of said Resolution No. 4479 specifies the pro-
cedure for authorizing expenditures from special furls; and
Said refunds bear no interest; and
Said refunds arz made from subsequent development fees; and
The Director of Public Works and C:;ty Administrator have
;ommended an expenditure from the Sewer Funds, and the City
,ncil hereby approves ;aid. ,r ,,;emendation,
NOW, THEREFORE, BE YT RESU;LVED by the city Council that
final payment of Reimbursement Agreement No. 74-S3 in the sun
of Three Thousand Six Hundred Nineteen and 711/1.00 Dollars
($3,61g•74) is hereby alithorized to be made from the Sewer
Fund to Classic Deve�,ox.ment orporatiu'a 2or installation of serer
F
main Lines in Huntington Street and Ellis Avenae.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of Clay 7 1979.
iVTa.yor
ATTEST: APPROVEL AS TO FORM:
C4.ty Clerk City Attorney .�
REVIEWED AND APPROVED: INIT_IATLO AN APPROVED:
h.
Ci y Administrator � '.recto sf F _tj,ic Work
r,
J0,bc
4/23/79
SECTIONAL O AL DI
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I UNTTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
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Res. No. 4745
Adh
STATE OF CALIFORNIA
)
COUNTY OF ORANGE
) sst
CITY OF HUNTINGTON BEACH
I, ALICIA,M.
WENTIMTH, the duly elected, qualified City
Clerk of the City of
Huntington Beach, and ex-officio Clerk of the
City Council of said
City, do hereby certify that the whole number of
members of the City
if;ouncil of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a
majority of: all'the members of said City Council
at a regular
meeting thereof held on the 7t,t day
of May
19 79 , by the following vote;
AYES: Councilmen;
Pattinson,
Thomas, Mandic, MacAllister, Bailey, Yoder
NOE : Councilmen:
+
'
None
ABSEW: Coufoilmens
1
City Clerk and ex-officio Clerk
of the City Council, of the City
of Huntington Beach, California
r
Honorable Mayor �
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator
Subject: Re4.mbursement Agreement 747S3
Gentlemen;
Transmitted herewith is a resolution calling for payment
of $3,GBC.80 to Classic Development Corporation as partial.,
payment c: reimbursement agreement 74-S3„ The remaining
balance will be reduced to $3,619 74 after issuance of the
requested payment. Monies for this reimbursement will be
derived from the Sewer fund.
I recommend that your Honorable Body approve this
resolution.
Very truly yours,
Hf . E . Hang,
Director of Public Works
HEH ; DLC s me
Encl.
rk+
RESOLUTION INTO. 3940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON EEAOK AUTHORIZING REIMBU,SEMENT
FROM SEWER FUND TO CLASSIC DEVELOPMENT AS PAR-
TIAL PAYMENT ON REIMBURSEMENT AGREEMENT 74-S3
WHEREAS, the City Council of the City of Huntington aaach
has adopted a budget fox, fiscal year 1974-1.975 by Resolution
No, 3900; and
Section 5 of said Resolution No. 3900 specifies the
procedure for authorizing expenditures from special funds;
and
The Director of, Finance and the City Administrator nave
recommended an expenditure; and
The City Counci, hereby approves said recommendation,
NOW, THEREFORE, BE IT RESOLVER by the City Co1mc l of the
City of Huntington Beach that reimbursement from the Sewer Fund
in the sum of Eight Thousand Six Hundred Eighty and 80/100
Dollars ($8,680,8G Js heraby authorized to be mace to Classic
Development as partial payment on Reimbursement Agreement 74-S3
for the construction of sewer Line.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a, regular meeting thereof held on the
19th day of August, 1974
May or
ATTEST: APPROVED AS TO 1 JRM
('sty Clerk City Attorne
APPROVED AS TO CONTENT;
I & ' r
City Administrator
/cs
l..
AskH No. 3940
}
STA!rt OF CALIFUNTA 7
eov%xst °an OUNGVE
CITY OF HMINGTOR BEACH
1, Ai ICIA M. WENIVORTH, the duly elected, qualified Cit7/
Clerk of the City of Huntington Hutch, and' ex-officic Clerk of the
City Council of said City, do hereby certify that, the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the afftrmti.te
vote of most: than a majority of all the members of said City Council
at Fa regular meeting thereof held on the 19th day
of Augn_s_t_ - ,r 19_24 by the following vote:
AYES: Councilmen:
NOES: Councilmen
None
ABSENT Councilmen:
ev. C-4bbs
City Clerk and ex-off1cio Clerk
of the City Council of tiiv City
of Huntington Beech, Cal • fornia
I
n
i,
AM
City of Huntingtoneach
®1 BOX ISO CALIFORNIA 92646
ENGINErmING DEPARTMENT
July 18, 1974
f
4,.
Honorable Mayor
and City Council
City of Huntingto-.: Reach
Attention: David D. Rowlands
City Administrator_
Subject: Reimbursement; Agreement 74-S3
Gentlemen:
Transmitted herewith is an agreement between the City and
Classic Development Corporation for reimbursement to the builder
for sewer facilities built at Classicrs expense in conjunction
with Tract 7601. The area served by the facility is east of the
P,E.R.R. in the vicinity of Ellis Ave. as shown on the attached
sketch.
The $12,300.54 will be reimbursed to Classic as sewer fees
are received from the area served by the facilities. T recommend
you execute the agreement.
Very truly yours,
✓tHa E. Hart;er^
Director of Public Works
^HEH:DF.,C: jy
Encl.