HomeMy WebLinkAboutLEROY COLLINS AND SERGE ZWEIBEL - 1977-10-17 (6)REIMBURSEMENT AGREEMENT 77-D2
STORM DRAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the City OF HUNTINGTON
BEACH, a municipal corporation, hereinafter called "CITY," and LEROY
COLLINS and SERGE ZWEIBEL, hereinafter called "BUILDER."
W I T N E S S E T H:
WHEREAS, BUILDER, pursuant to its agreement with 'CITY, has, at its
own cost and expense constructed one 14' wide catch basin, at the
southwest corner of Beach Boulevard and Talbert Avenue, hereinafter
called "FACILITIES," to serve BUILDER'S Development located at 18011 -
18051 Beach Boulevard and adjacent properties and FACILITIES have
been constructed in conformance with the plans and specifi,,3tions
approved by the Director of Public Works 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
by CITY'S Municipal Code, Section 14.48.070.
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 $2,589.00, a catch
basin, to serve Drainage District No. 3. Exhibit "A", attached: hereto
and made a part hereof, is a map of the area served. BUILDER has
dedicated FACILITIES to CITY.
The maximum refund to be paid to BUILDER under this Agreement is
as follows:
Total job cost of FACILITIES $ 2,589.J0
Less ten percent (10%) per Code Section 14.,48.070 (c) 259.00
Maximum.refund 2rS30.00
Refunds shall be payable for a period of five (5) years from the
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date of applicant's application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off -site
construction costs.
Fees shall be collected, deposited and expended pursuant to
Sections 66483 and 66487 of the government rode 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 Di -rector of
Public Works shall certify in writing to tkie Fin- -e Director that
fees have been collected in the drainage area served by FACILITIES
and that there is a positive balance in said District #3 to refund
BUILDER.
The parties agree that previous developers within the district
shall have their claims liquidated prior to the obligation established
by this agreement so long as funds are available within District #3.
If a developer �eho develops property served by the facility
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 said agreement; and
no fees shall be due BUILDER by reason of such construction and cred.`.
The CITY shall not be liable for payment 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 refusal to allow any connection or connections into
the facilities paid for by BUILDER shall not make the CITY liable for
any refund which might have accrued to BUILDER if such connection had
been permitted.
The CITY retains the right to allow a connection by a public
agency e-empted from payment of cennection fees and shall not Nit
liable to BUILDER for refund because of said connection.
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The CITY shall not be required to pay attorney s fees or court
costs for any breach of this agreement.
The 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.
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EXECUTED in Huntington Beach, California , on this the 1.7th day of
October , 1977
.ATTEST
Clerk _ Mayor Pro-Tempore
REVIEWED AND APPROVED: APPROVED AS TO FORM
41
City inistrator .Ci Attorne
INITIATED AND APPROVED AS TO CONTENT:
Director of Pub1' Works
LEROY COLLINS AND SERGE ZWEIBEL
(BUILDER)
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October 1.8, 1977
Mr. LeRoy Collins
Mr. Serge Zweibel.
3504 East Century Bcuelvard
Lynwood, CA 90267
Gentlemen:
The City Council of. the City of Huntington Beach at its regular
meeting held Monday, October 17, 1977, approved Reimbursement
Agreement No. 77-D2 for a catch basin in Beach Boulevard.
We are encl.osi_.g two copies of said agreement for your records.
Siuerely yours„
Alicia M. Wentworth
City Clerk
A/ sh
gndlosures_
9
W
s _Huntington
5.
y y` .. Beach
Poo. BOX 190 CALIFORNIA 92648
ENGINEERING DEPARTMENT p � � � � � E
D
1977
CITY OF FUNTINGTON BEACH
TO: Honorable Mayor and City Council AU�/lln,!STRA?4�It UrNUt
ATTN: Floyd G. Belsito, City Administrator
FROM: H. E. Hartge, Director of public. Works
DATE: September 29, 1977
SUBJECT: Reimbursement Agreement 77-D2
STATEMENT:
Transmitted herewith is a reimbursement agreement between
the City and Leroy Collins and Serge Zweibel for a catch basin
built in Beach Boulevard at their expense. Fee:- will be collected
from the area served to pay the reimbursable amount to these
developers.
RECOMMENDED ACTION:
Approve the agreement and authorize the Mayor and City
Clerk to execute same
ANALYSIS:
Messrs. Collins and Zweibel have constructed a catch basin
to serve their development at the southwest corner of Beach and
Talbert and adjacent proper-ies for a total cost of $2,589.00.
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 Job Cost of Facilities $2,589.00
Less Ten Percent (10%) per 259.00
Code Section. 14.48.070 (c)
Reimbursable Amount $2,330.00
Payment of the above amount will be made from fees collected
from the area served by r.he subject facility.
FUNDING SOURCE:
Drainage District No. 3 Fund
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