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Home My WebLink AboutLINDBORG, LEONARD O. - Reimbursement Agreement - in-lieu sewer fee - 234, 236, 238 & 240 Second St 2/3/97 - 1997-02-03CITY OF Hl.JNTING°TON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM DATE: 9 TO: ATTENTION*kf140'M1,z"1Zt#.4 1 / I REGARDING: See Attached Action Agenda Item Date of Approval �/,,-?/9_ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement t/ Bonds Insurance RCA Deed Other Remarks: CC: Nam Drtmeit RC;'� i Name Department RCA Name Department RCA Risk Management Department Insurance Copy Agreement Insurance Other Agreement Insurance Other Agreement Insurance Other G:Follo\cup/agrmts.'transltr ( Telephone: 714-536.5227 ) 1 � qITY OF HUNTINGTON BEAC C'z` -DPW MEETING DATE: January 21, 1997 DEPARTMENT ID NUMBER: PW97-003 600./v Council/Agency Meeting Held:.213197 Deferred/Continued to: Approved Cal tuneAk Council Meeting Date: January 21, 1997 Department ID Number: PW97-003 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administra r PREPARED BY: LES M. JONES II, Director of Public Works1. SUBJECT: Approval of Reimbursement Agreement (234, 236, 238 and 240 2ND Street -- Leonard 0. Lindborg) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental St u , ttachment(s) Statement of Issue: Leonard 0. Lindborg is requesting that the City Council approve his reimbursement agreement associated with a development located at 234, 236, 238 and 240 2ND Street. Funding Source: Not applicable. Recommended Action: The Department of Public Works recommends approval of the reimbursement agreement between the City of Huntington Beach and Leonard 0. Lindborg. Alternative Action(s): Deny the recommended action. E-3 0023085.01 -2- 01 /23/97 4:00 PM QUEST FOR COUNCIL ACTW MEETING DATE: FEBRUARY 3, 1997 DEPARTMENT ID NUMBER: PW97-003 Analysis: Leonard 0. Lindborg constructed four single family homes at 234, 236, 238 and 240 2ND Street, and as a condition to being allowed to connect to a deteriorating 10 inch sewer, staff imposed a $9,500 fee (which is equivalent to the cost of slip lining the developer's portion of the sewer) in -lieu of being required to remove and replace the existing 10 inch sewer. The - Department of Public Works has agreed to execute a reimbursement agreement (attached) which will permit reimbursement to Leonard 0. Lindborg for one-half the in -lieu fee ($4750.00) from adjacent development, should development take place within five years. Environmental Status: Not applicable. Attachment(s): 0023085.01 1 Location Map 2 Exhibit "A" 3 Reimbursement Agreement -3- 01/09/97.10:35 AM �e REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEONARD O. LINDBORG THIS AGREEMENT is made and entered into this 2 i s 1; :day of January , 19 9 7 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY", and LEONARD O. LINDBORG, an individual, hereinafter referred to as "BUILDER." RECITALS WHEREAS, BUILDER has paid a $9,500 in -lieu fee equivalent to the cost of slip lining an existing 10 inch sewer, in conjunction with the development of certain real property located at 234, 236, 238 and 240 Second Street, and CITY desires to reimburse BUILDER for one-half the in -lieu fee. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1. BUILDER, as a condition to being allowed to connect to a deteriorating 10 inch sewer, paid a $9,500 in -lieu fee which was the equivalent to the cost of slip lining BUILDER's portion of a sewer located at 234, 236, 238 and 240 Second Street. 2. The reimbursement to be paid to BUILDER, by adjacent development, attached hereto as Exhibit "A" under this agreement is as follows: In -lieu fee paid $9,500 Amount reimbursable $4,750 3. Reimbursement shall be payable for a period of five years from the date of this agreement. Wagreeftdborg/11 /1 /96 4. Reimbursement shall be paid from adjacent development, attached hereto as Exhibit "A," as the rate of Forty Seven Dollars and Fifty Cents ($47.50) a front foot. 5. Reimbursement shall be payable only to the BUILDER. Upon death of BUILDER, the right for reimbursement shall terminate. 6. CITY shall not be liable to BUILDER for payment of any reimbursement by reason of CITY'S failure to collect or receive from any subsequent developer the service hook- up fee for connecting into Facilities. 7. CITY'S refusal to allow any subsequent developer to connect into Facilities constructed by BUILDER shall not make CITY liable to BUILDER for any reimbursement monies which would have accrued to BUILDER if such connection had been permitted. 8. CITY retains the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to BUILDER for reimbursement hereunder because of said connection. 9. In the event suit is brought to enforce the terms and provisions of this Agreement, each party shall bear its own attorney's fees; the prevailing party shall not be entitled to recover its attorney's fees. 2 3/WagreeRindborg/l Ill /96 10. This writing contains the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. RI III r)FR CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor REVIEWED A -PROVED: ATTEST: City Administ ator GBH City Clerk oY a-1 ,197 APPROVED A$ TO FORM:' JVL 3 3WagrwA1rWbag111 /1 /96 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS _E: NONE ATTACHMENT No. 1 2REM_LOL m