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Home My WebLink AboutCURTIS HUNTINGTON BEACH COMPANY - 1982-06-07CITE( OF HUNTINGTON BEACH, 2000 MAIN STREET CALIFORNIA 9.2648 OFFICE OF THE CITY CLERK June 8, 1982 Curtis Huntington Beach Company 4952 Warner Ave., Ste. 301 Huntington Beach, CA 92649 The City Council of the City of Huntington Bleach at its regular meeting held Monday, June 7, 1982 approved Reimbursement Agreement No. 81-D2 with your .company relative to the cwstruction of a master -planned storm drain in Warner Avenue between Sims and Lynn Streets. Enclosed is a duly execatad copy for'your records. Alicia M. Wentworth City Clerk AMW:CBcd 33 I Enclosure cc. Paul Cook, Director Public Works Judy John, Finance Department ITel fphon4. 714.536r5227) 1' Date_ May 6, 1982 APPROVED BY CIT x ' COUNCIi SLbmi*teJ to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Adm? n-i strato l �'' ::CITY CLE7YP Prepared by. Paul E. -*Ook, pirertor of Pnblic Works~� = ._ Subject: Reimbursement Agreement 81-D2 for Storm Drain Construction i State►tiaent of Issue, Recommendation, Analysis, Funding Source, Alternative Actiors, Attachments: , STATEMENT OF ISSUE: Curtis Huntington Beach Company constructed master planned drainage facili- ties and are therefore seeking approval. of Reimbursement Agreement,81-D2. RECON4ENDATION : Approve Reimbursement Agreement 81-D2 which establishes a maximum possible reimbursement of $2,941.50. I ANA_LY,31S: I,n coizjunction with Tract 11.104, Curtis I-I'untington Beach Company constructed a 42" diameter master planned storm drain, that will serve the surrounding properties within the drainage area. They are requesting reimbursement for there fa.ci l ties- in accordance with Section 14.48. 070 of the City' s Munici pal Code, FUNDING' SOURCE: Reimbursement will be from 'Drainage District 12 funds as drainage fees are collected. ATTACHMENT: Reimbursement Agrr:ement r- CWT : EEC : WAF : j y c P4o4/61 } q REIMBURSEMENT AGREEMENT 81-D2 r STOFUI DRAIN CONSTRUCTION THIS AGREEMENT is made and entered into this 29th day of April-, 1982, by and between the CITY OF HUNTINGTON BEACH, a _municipal corporation of the State of California, hereinafter referred to as "CITY," and CURTIS H'UNTINGTON BFACH COMPANY, _a general partnership, hereinafter referred to as "BUILDER." R',E C I T A L S WHEREAS, BUILDER, pursuant to its agreement with CTTY, has at its own cost and expense, constructed a portion of a'storm drain system in Warner Avenue between Sims Street and Lynn Street, here- inafter called "FACILITIES" to serve BUILDFRSS development known as Tract 11104 and adjacent properties, and FACILITIES have been constructed in conformance with the plans and spec_fications approved by the Director of Public 'Forks of CITY: and ;FACILITIES have been dedicated to CITY; and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided in Huntington Beach Municipal Code, Section 14.48.070. AGREEMENT' NOW, THEREFORE, in consideration of the covenzt :s and agree- ments herein contained, the parties hereto agree as follows: '.. CONSTRUCTION. BTJILDER bas constructed FACILITIES at a total cost of $3:2,G35,00; to serve Drainage District No 12. Attached hereto as Exhibit "A" and by this reference made a part hereof, is a' map of the °drainage area serve-d by FACILITIES, 2. DEDICATION BUILDER has dedicated FACILITIES to CITY. 3. REFUND. Tha maximum refund to be paid to BU,ZLDER under this agreement, is as follows: Total job cost of FACILITIES . . $ 32,635.00 Less ten percent (10%) per Code Section 14.48.070(c) $ 3,263.50 Maximum refund $ 29,371.50 Drainage Fees Tr. 11104 . . . . .,$ 26,430.00 Amount eligible for reimbursement '. $ 2,941.50 _Iefunds shall be payable for a period of five (5) years from the date of BUILDER's application and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off - site constructioncosts. Funds have been expended for Drainage District No. 12 in<accordance with Government Code Sections 66483 and 66487 only. Refunds are payable nnly from a positive balance -1- ilable in said district's fund. 4. CERTIFICATION TO FINANCE DIRECTOR. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in ';writing to the Finance Director that fees have been collected in the drainage area served by F'ACILI`iIES and that there is a positive balance in said Drainage District No. 12 to :und to BUILDER.: 5. PREVIOUS DEVELOPERS. The parties 'agree that previous developwrs within the same drainage area in the district shall have their claims liquidated prior to the obligation established bg this agreement, so Long as funds are available Within Drain -age Di.s{--ri.ct No. 12. 2, q 6. SUBSEQUENT DEVELOPERS If a developer who develops property served by FACILITIES constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer credit toward the per acreage fee consistent with this agreement; and no fees shall be due BUILDER by reason of such construction and. credit. 7. LIABILITY OF CITY. CITY shall not be liable for payment of any fund of reason of its failure to collect or receive from any person the service fee for connectinginto FACILITIES constructed by BUILDER. CITY's refusal to allow any connection or connections into FAC:�TJTIES constructed by BUILDER shall not make. CITY liable for any re.`und which might have accrued to BUILDER if such connec- tion had been rt+e.rmitted. &. ^ONNECTION BY PUBLIC AGENCY. C,:TY retains the right to 'allow a connection by a public agency axempted fror payment of connection fees and shall not be liable to .BUILDER for refund because of said connection. 9. COMPLETION Oi PROJECTS. CITY shall not be required to make reimbursement to any person until all drainage construction projects in a drainage area served by 'FACILITIES are completed. lU. AITOMMY' S FEES CITY shall not be required to pay attorney's fees or court costs for any breach of this agreement. Il ENTIRETY. 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