HomeMy WebLinkAboutHUNTiINGTON HARBOUR CORPORATION - 1971-09-08REDIBURSEMENT ACiRE'MENT FOR
HEIL AVENUE S7011M DRAIN
THIS AGREEMENT entered into by and between the CITY OF HUNLTINGTON
BEACH, a municipal. r_crporatiou, hereinafter for convenience referred
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to as "City'", and HUNTINGTON HARBOUR COQPOMTION, hereinafter for
convenience referred to as "Builder.'"
WHEREAS, Builder, pursuant to agreement with City has, at his
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ow-n cc-st and expense, constructed a storrrr. drain in Heil. Avprnae, here-
inaftex referred tl raciliti�_s, and said facilities have been con-
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structed in conformity with the plans and-pecificati.cas approved by
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the Director of Public Works of City, and have beeu ded'cated to City,
and City desires to reimburse Builder for n portion of the rost of the
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construction of said facilities a: provided by the ordinance code;
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NOW, THEREFORE, in zonsideration, of the pa:,,,mises and agreements
here:: contained, tae pactles hereto ,_;,ree as follows:
Builder has constructed, at a total cost of $27,974.42 a. storm
brain and appurtenances to serve Drainage District 12 end has dedicated
said facilities to City.
The refund to be paid to Builder under tb4c agreement is as
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£0117�rs
Total job Lost +F facilitie, $27,974.42
Net Refundable $27,974.42
No refund shall be made by City to Builder until the Director
of Public Works shall certify in k--iting, to the Finance Director
that. Builder is entitled to a refund by reason of connection having;
been made to facilities in accordance with the Huntilkgton Beac:li Orein-
ance, Code, ;and that City has rZce l,ed the fee for such connection.
City shall not be liable for payment of refund by reason of its
failure to collet.. ov receive from any person or er ,it, the d:ainage f^e.
However, City agrees from an administrative, legislative or quasi
judiejal procedure t,r protect the snterest of developers, either
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individuals or entities, who have previously constructed similar
Facil:ititt, by the collecting fees, either prior to or concurren'-
with the development of any property served by the facility constructed
u4der this agreement_. If a developer who develops property served
by the facility constructed by Build- is required as a condition
of a-ikl<;pment to construct additional facilities, City may allow
said desdcper c~e4it. tot-nrd the pei acreage fee ccnristent wit€, this
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said agreement; and no fees shall be due Builder by reason or such
construction City further agrees to furnish a copy of this agreement's
Lo the devete,oc of arty properties served by the facilities described
herein.<
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In the event City does not require a developer to deposit the
drainage fee with the City prior to or concurrent with development,
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City will provide an agreement with said devel.opti*r that said developer
is obligated, not only to the City, but to Builder, and to developers
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f who have previously Contributed to the cost of construction of facili-
r ties constructed hereunder to deposit said fee with City; and said
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4 agreement will further provide that in the event that it becomes
neces:iary to institute legal. proceedings, Either by the City or by
Builder or developers, who have previouslycontributed to the cost of
suers facilities, to enforce; the rights of the parties thereunder,
that the prevailing party shall he entitled to reasonable attorney
fees; provided, however, that the City shall not be required to pay
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the attorney fees for any of the parties.
It is understood that the City is not tequs.r-zd to institf-te. legal
p. •eedings to protect the irate ast. of the 'builder, but may do so.
WIT14ESS OUR HMDS AND 5EALS the day, month and year appearing below.,
PATED this ---__ day of ._� ' 19 A/
"
CITY litl iblmmw BEACH,
a municipal corporation
kiayoir
iy of Huntington 15e
F.O. BOX 190 GALIFOZ
ENGINEERING D rPARTmENT
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August 2,, 1971 !
�7
Honorable Mayor
and City Council
City of Huntington, Beach
Attention: Doyle Miller r ~�
City Administrator l 71-- !" , "L
Subject: Reimbursement AgreementAwith
Huntington Harbour Corp. for Stor"i
Drain Construction - District 12
Gentlemen:
Huntington Harbour Corporation coy.-structed storm drain
facilities in Heil Avenue west of Algolquin in, the amount
of $27, 974.42,
It is recommended that the enclosed reimbursement
agreement be approved and that the Mayor and City Cletk
be authorized to execute same, and that the signed copy be �
returned to this office for transmittal,.
Very truly yours, .�
times RWieeler
Director of Public 'Works
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