HomeMy WebLinkAboutLEROY COLLINS AND SERGE ZWEIBEL - 1977-10-17`
REIMBURSEMENT AGREnlENT 77-11.12
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STORM DRAB: CONS`T'RUCTION
THIS AGREEMENT entered into ry and between the City OF HUNTINGTON
' Bi:ACH, a municipal corporation, hereinafter called "CITY," and LEROY_
�,
COLLIN:S and SERGE ZWEIBEL, hereinafter called "BUILDER."
W I T N E S S E T R
WHEREAS, BUILDER, pursuant to its agreement with 'CITY has, at its
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awe cost and expense constructed one 14' wide catch basin, at tie
southwest corner of Beach. Boulevard and Talbart Av-nue, hereinafter
galled "FACILITIES'," to serve BUILDER'S Development located at 18011
18061 Beach Boulevard and adjacent properties,and FACI1,ITIES have
been constructed in conformance with the plans and specifications
approved by the Director of Public Works of CITY, and; PACILITIES have
been dedicated to CITY, and CITY now desires to reimburse BUILDER foY
a ;portion of the cast of t1 e construction of FACILITIES as provided
by CITY'$ Municipal Code, Section 14,48.070
NOW, T.HEI7EE0 kG, in consideration of the: covenants and agreements
herein contained, the parties hereto agree as follows:
UILDER has co:nstrugted, at a total cost of $2,589,00, a catch
basin, to serve Drainage Distr .rt No. 3. Exhibit "A", ai tacheP' hereto
and made a part hereof, as a reap of the area served. BUILDER. has
dedicated FACILITIES to CITY'.
Th,.. .taximum, refund to be paid to BUILDER tinder this Agreentent is
as follows:
s,
�Nta:l job cost of FACILITIES 2,589.00
Less ten percent (10%) 'gar code Section 14.48.070 Cc) 259.0G
Maxi:)atq,i refund 2,330.00
Refunds shall be ;payable fora period, of five (5) years from the
date of :zpplicant° s sppl,icatlon and shall bear no interest.
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Refunds shall not exceed ninety percent (90%) of off --site
construction costs.
k Fees shall be collected, deposited and expended pursuant to
.�.
Sections 66483 aiid 66487 of the government cede of the State of
`
California and all, other laws of the State of California.
No refund shall be made by CITY to BUILDER until the Director of
Public Works shall certify in writing to the Finance Director that
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fees have be -an collected in the drainage area served by FACILITIES
�:d that thexe is a positive balance in said District #3 to refund
3
BUILDER.
The pnrti:es agree that previous developers within the district
shall have their claims liquidated prior to the obliga,-ion established
by this agreement so long as funds are available within District #3,
If a devel.operwho develops property served by the facility
constructed by BUILDER is required as a condition of development to
construct additiot al facilities, GZaY'may allow said developer credit
toward, the per acreage :fee consistent with this said agreement; and
o fees shall be due BUILDER by r_ son of such :on4,�ucticn and credit.
The CITY shall not be liable for pa,�zment of any refund. by reason
of its failure to collect or receive from any person the service fee
for connecting into the facilities paid for by BUILDER.
The CITY's " kusal to allow any conned- .on or connections, into
the facilities paid, for 'hy BUILDER shall not make the IITy liable for
any refunnd which might Lave accrued ;to BUILDER if such connection had
been permitted.
The CITY retains the righ4 to allow a connection by a public
agency exempted from payment, of cennect ion fees and shall not be
fable to`MILDER for refund because of _ said eonhectioin ,
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EXECUTED n xun�t gton Beath, California on this the 17th day of
n
Octooer . 1977
. Gi I'. Clerk W Mayor Pra-Tempo Fe
x REV EVED AND .APPROVED: APPROVED AS To kORMz
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City ')&minlstrator Ci _ Attarne,
INITIATED AbZD A'PRRO)W AS TO COKTENT .
Dzrecwtor of P�Jbi Works
BU.I1V:R)
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City of Huntingtoneach
P.O. Box f90 CALIFORNIA 92648
ENGINEERING DEPARTNIENT
,,}r# . OF }SUNT00 ,0111, SMI't
TO: Honorable Mayor and City Council �{i?i ri1�a�s +;�'NE
ATTN Floyd G. Belsito, City Administrator
FROM: H. E. Hartge, Director of Public Works y '
DATE September ;29, 1977
SUBJECT; Reimbursement Agreement 77-D2
STATEMENT:
Trans?nitt.ed herewith is a reimbursement agreement between:
tile City and Leroy Collins and Serge Zweibel for a catch basin
built in Beach Boulevard at their expense. Fees will be collected
from the area served to pay the rei.mbursab3e amount to these
developers.
RECOMMENDEDACTION:
Approve the agreement and authorize: the Mayor and City
Clerk to execute same.
ANALyS tS
�4essrs• Col3:i.ns and Zweibel have constructeda catch basin
to serve theiz development at the southwest corner of Beach and
Talbert audadjacent properties for a total, cost gf $2,589.M
This facility is part of the City's master plan of drainage.
The amount that, the developers are entitled to have reimbursed
is calculated as. follows
Total. Jo); Cost of FaLdliti.es $2,58:;.00
Less Ten Percent (10%) per Ofi1
Cade Section 14.48, 07Q (c°)
Reimbursable Amount. $2,330.00
Payment of the above amount will be made from fees collected
from the area served by the subject facility.
FUNDII`IG SOURCE;