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HomeMy WebLinkAboutClassic Development Corporation - 1977-03-21RESOLUTION No. 4782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING F111!AL PAY- MENT ON REIMBURSEMENT AGREEMENT NO. 76-S2 WHEREAS, the City Council of the City of Huntington Beach adopted a budget for fiscal year 1979-1980 by Resolution No, 4772; and Section 5 of said Resol.ut3.on No. 11772 specifies the pro- cedure for authorizing expenditures from special funds; and The City Administrator and Director, of Finance have rec- ommended an expenditure, and the City Council hereby approves II� said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that final payment on ReimbursFment Agreement No. 76-S2 in the sum of $3,399.09 from the Sewer Fund is hereby authorized to be made to Classic Development Corporation for construction of a sewer main. PASSED AND ADOPTED by the City Council of the City of a Huntington Beach at a regular meeting thereof held on the 6th day of August 1979 Mayor ATTEST: APPROVED AS TO FORM City Clerk City Attorney -T&_ REVIEWED AND APPROVED: INITIATED AND APPROVED a' C y Administrator 19irector of P blic W xs Iamb 7/12I79 SECTIONAL [DISTRICT MAP 36-5-1ICI ApO m) JONC 201Llj , r , �M .�1 CITV COUNCIL ORDINANCE. NO r)1 ...��llll... (! E, i.. ANENUCD VIM ANCNDR QPO_MQ .,�r"•I rn er('.. r'CC;Yrr:t �.r_��.L�� tl r�,.�.1. \' �.�i �..-Y l :A �.A�� 517.196Z BOO ♦ 5-F)12r S 21 la42 711a II tl.6I I781 ♦ p4 ty 1 ; f IB M42 708 F) '16" I r M� , t W} 1 p••Ynrtr ) /� j� ( COUNTY, / (� /. ) j� - 1 x1.IY6] 71B II rp 14, ' ORANGE (E. 1 \ l) ('J l , 1. J �' �. 7 . ��. I �' �r l �i l I I� 1,2' 196J W)I ♦ I7 1b, L (:,wJP, ! CI dS idFAtKwIOYrR,tr Y I 1. IB•1O64 IOSR. ,�4 2 r Vrtl d.'rfi Y Ir. tMENDED H : Z014L CASE t 2YVIS'. � 1- , )•. 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IFb t ` RI � R1 Rt RI-PD � t •r,.IN _ nX rpl R AYf RI RI I ; J1 jpz,t,)x RI J } f RI PD 1 F I ( RI I RIRI i I .•C4 itaJJ R2 ) # � •Y•me RI # ►tI4PD w I �.� aRI' RI RI r .•. } 'IR2 r R2 R2' ttvw a RI I f .�,1. ,� Lam- -�- ,..!J•. �I ..._.,._Y__._._. .. ,r.. .._, ......._. .�.._.�._.,._� �". r•.�� k I C4 A2� R2 !� i II "R MH 1 C44 1j R, W C4, 0 R y3 ,( r r♦ J T � wY7 I ' �'d ♦.r,..t vky t I W^Fr Agt,Y; R1 RI`"',I, R2`QjR2 R3 'r'a%� �•N°"rye+. i G4 , R3 - w� RI vj fro �� koc:4-rtonl ,� p r�1. � {+� I t w P 1i R2 R2 RI 1 «� I f A R1 I ` 7 I f « j 5AAF IE; lx I GVL,*, JL 9 F No. 4782 STATE OF CALIFORNIA COUNTY,OF ORANGE ) s; CITY OF HUNTINGTOI BENCH I, AI ICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington B-ach, and ex-officio 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 affirmative vote of more than a majority of all the members of said City Council ` at a regular meeting thereof held on the 6th day of August , 19 79' , by the following vote; AYES.: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES. Councilmen: r ABSENT: Councilmen: . v City Clerk and x-offieio Clerk of the City Council of the City of Huntington Bench, California { �9 REIMBURSEMENTAGREEMENT 76-S2 C--=FSITE - 0'v RSIZE SEWER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON LkACH, a municipal corporation, hereinafter for conveniencc referred to as "CITY", and CLASSIC DEVELOP- MENT CORPORATION, hereinafter for convenience referred toas"BUILDER." WHEREAS, Builder, pursuant to agrl.--ement with CITY has, at hisowncost and expense, constructed 1289 lineal foot of 12" sewer main hereinafter referred to as Facilities, to serve Builder's subdivision Tract No. 7628 and adjacent properties on the west side, of Newland Avenue between Garfield Avenue. and Modale Drive, and said Facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have beer dedicated to City, and City desires to reimburse Builder for the offsite cost of the construction of said Facilities less Builder's cost for reguir,,d 8" of said sewer main, as provided by the municipal code. NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $8997.22 an off,site oversize sewer main line and appurtenances. Exhibit "A", attached hereto and made a part .hereof, is -a map of the area served. The refund to be paid to guilder, out of available funds, under this agreement is as follows: Total' job cost of facilities $ 8,997.22 Less Builder's costs for requ'sred 811 sewer main 5,220.45 Gross refundable $ 3,776.77 Less 10%a per Huntington Beach Municipal Code 377.6$ F-ection 14.44.090(C) Net RefQndablre $ _ 3,399.09 No refund shall be made by City to Builder until the Director of Public Works shall certify in 'writing, to the Finance Director, that Builder is entitled to a' refund by reason of connection having been made to Fac titles in accordance with the Huntington Beach Municipal Code, and that City has received the sewer service fees Afilk from such connection. Refunds shall be mad-i^ by City to Builder on the condition that, and to the extent that, funds are available in the district's fund. City shall not be liable for payment of refund by .reason of its failure to collect or receive from any person or :entity the sewer service fee. If a developer who develops property served by the Facility constructed by Builder is required as a condition of development to construct additional facilities, City may allow aid developer credit toward the per acreage fee and no fees shall be due Builder by reason of such construction. Refunds should be payable for a period of five years from the date of applic.:.;,tls application. In the event Ct;ly does not require a developer to deposit the sewer service fees with the City prior to or concurrent with development, City may enter into an agreement with said developer stating that said, developer is obligated, not only to the City, but to Builder, to deposit said fee with City. The City shall not be required to pay attorney's fees or court costs for any breach of this agreement. -Refunds shall bear no interest. Refunds shall not exceed 90% of off -site construction costs. There shall he no refund for on -site construction costs.' It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of 1972-• CITY OF HUNTINGTON BEACH (CITY) a municipal corporation Mayor APPROVED AS TO Fo:Ils ATTEST. DON P. PONFA City ttorney Alicia M. Wentworth xfy. City Clerk a uty alt torri BY Deputy APPROVED AS TO CONTENT: City Administrator APPROVED EY INITIATING DEPARTMENTS Director of P�Works APPROVED AS TO FOR14: olo City A .tor CLASSIC GFVELOPMENT CORPORATION (BUILDER) Contract #77-101 (RA 76 S-2) A.. Iv J ZONINGDM.40 , SECTIONAL DISTRICT MAP m 3&-5.1I - NOTE' CIS' Off' 1960 ADOPTED UURD AN N CITY COUNCIL ORDINANCE N0: TTI n C,u[N�uv<aN[ +v T[ET G LC to E •, aM1. a LEGfIJD .. F AMENDED ONDyNO. ANENYJED OROyN O. BI SINGLE P4wILT NT9IDENCE DISTRICT Q T I0.2-I961 870 Y-6-67 1277 Q.wORiLEnOwE DISTINCT ©NIGN-1 C...ERCAI OSTRKT C HUN II��-TON BEACH 5.7-1962 900 5.21.1962 903 •i5-67 11-20.67 1321 1361 L'J.: ""E PRGPE_ l M Ci L6—li T4w6T FS�OCNTIAL C6TR�R p• 6/8-1962 90B 1-21-1963 348 5.1.67 11.2.70 1316. 1611 UNIRP 1LY Rr l ® T�TI,. Ty RtLIE CAIRr CDMK`DTY TKiL1rN9 A:WCATIGnIgfTRICT ETS N ,wry`+ CALIFORNIA ORANGE R A E COUNTY, I.20.1964 E031 f5 11132 056 5-1-72. II 1745 � ��xEO DEVEIenuExi ONERKt , `J 1 ` <.+ . . 4 1965 -7 74 1895' AMENDED BY ZONE CASE; 3-21.1966 1192 4.21.1975 1975 2.3-T5 5-11-75 196o 1982 ^ PRCNT TARO jIx[ 205, 237, 239, 250,291, ttl6, 411, 505,546. 66-5D 7-6-1976 2076 549-TS 1981 F STREET vm�. E,NasE PLAN OF sincl7 µyeWCNT 67.t0,3760 PP 67-1,69.36,71:e,72-27,Pp72.7,74.21,73-28,74.4,74-A,78-6,76-M17 _ 6.21.19'S 2072 _ FaAiE SiREEr J f- UU N Ap AVENUE t1 �- tt lLI� ra �41 .MAN)r-loLs =t-'T i C 3,11I 11- cl-Ty C>F 1-{t OW CG?:1RFISLID A'�l ANo s Vl�,:"t" Ibm Ask REQUEST F CITY COUNCIL ACTION Submitted by Michael Zambory Cepartment . Public Works Cate Prepared July 24 ____�Z19 79_ Backup Material Attached E Yes D No Subject Reimbursement Payment for Agreement 76-S2 City/ Administrator's Comments Approve. as recommended Statement of Issue, Recommendation, Analysis, Funding Source, F,if.ernative Actions: 0 _ 0 Statement of Issue: Classic Development Corporation has monies due it under Reimbursement' Agreement 76-S2. Recommendation jAdopt the resolution authorizing full payment of $3,399.09 to Classic Development on Reimbursement Agreement 76-S2 for construction of :an over- sized sewer main in Newland Street. Analysis: In 1977 Classic Development financed the construction of an oversized sewer main in Newland Street between Garfield Avenue and Modale Drive. The agreement with Classic Development calls for reimbursement to Classic. Development from fees collected in the service area. The maximum reimburse- ment under this agreement is $3,399.09 Fees in this amount have been received from the area served by the subject. facilities and should be refunded from the Sewer Fund. Funding Source: The payment is to be made from the Sewer Fund. MZ:JS:jY PIES V8 City of Huntington' Beach P.O. BOX 190 CALIFORNIA 9 640 OFFICE OF THE 'CITY CLERK March. 23, 1977 Classic Development Corporation 12700 Knott Avenue, 95 Garden Grove, 'CA 92641 Gentlemen, The City Council at its regular meeting held Monday, March 21, 1977, approved a reimbursement agreements netween your firm and the City of Huntington Beach for. an oversized sewer main built in Newland Street between Garfield Avenue and Modale Drive,. We are transmitting a duly executed copy of said agreement for your file. Very truly yours, Alicia M. Wentworth City Clerk AMW/CB/sh Enclosure City of Huntington _Beach P.O. BOX 190 CALIFORNIA 92649 ENGINEERING DEPARTMENT March 9, 1977 b CIx� Cp1 �- --- Honorable Mayov and Council Members `••- xkc City of Huntington Beach Attention: Floyd G. Eelsito City Administrator Subject Reimbursement Agreement 76-S2 Classic Development Corp. Dear Council Members: Transmitted herewith is a r-imbursement agreement between the City of Huntington Beach and Classic Development Corp. for an oversized sewer main built in Newland Street between Garfield �' Avenue and Modale Drive. Fees have been collected from the area served to refund the $3399.09 to Classic. I recommend that your Honorable Body execute the agreement. Very truly yours, H. E Hartge Dj- "• or f P 5?4ic Wor s k Y Michael Z,�m bo City Eng4nn HEH:MZ: JiaW:mc Encl. 1