HomeMy WebLinkAboutTHE CORPORATION OF THE PRESINDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS - 1979-11-05 k
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Y REIMBURSEMENT AGtRED1 ENT BETWFLN THE CORPORATION �E
OP THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER DAY SAINTS AND THE CITY OF s
HUNTIWGTON BEACH FOR WATER MAIN CONSTRUCTION (79-W2)
TVI:S AGREMENT entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, :hereinafter for con-
venience referred to as "CITY," and THr. CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF dFSUS C:HRIST OF LATTER DAY
SAINTS, a, Utah corporation sole, hereinafter for convenience NSF.
referred, to as "BUILDBR." v'
E W I T N E S S E T H:
Y ` Recitals:
1. BUILDER, pursuant to agreement with CITY, has, at; his
own cost and expense, constructed 397 liieal feet of 6" A.C.P.
water main are ( ) fire h-drant, and oae 2" blow--off assembly
i? Graham Place, hereinafter referred to as, FACILITIES, to serve,
BUILDER"S development known as 5302 Heil Avenue and ad-i,acent
pvort .r:ties.
2. Said facilities are offsite and have bi-sn constructed
in cotfcrmity with the plans and specificat.'.on:g apsaroved by the
Director of Public Works of CITY, and hive been dedicated to CITY.
Z. CITY desires to reimburse BUILDER for the cost of construe-
ti€ t of said offsite facilities, less BUILDER'S portion, as
provided by the Huntington Beach Municipal Code Section 14.20.060e
`EREEORE, in consideration of rhp, covenants and agreements
herein'contnim d, the ,parties hereto agree as follows:
Cot of Faciliti+e.5 And Area Served:
BUILDER has consteuqted at ,a total cost of $20 t940 a dater
line aAa, appurtenances to serge- 5302 Heil"&venue and adjacent
{ properties r Exhibit 'A," attached bareto and .maa�_ a ,part herenf,
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is a map of the area served. BUILDER has dedicated said FACILITIES
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t"A
Refund-.
The refund to be paid to BUILDER, out of available funds,, �
unAer this agre<:.nent is as follows:
Total job cost of facilities $20,94.0.00
Less BUILDEFIS portion 12,270.00
Grow.. refundable $ 8,670.00 rrti,,
Less 10% per Huntington Beac Muni-
cipal: Code Section 14 .2v_060(c) 867.00 r�
Net Refundable Amount $ 7,803,00
Conditions
Refunds shall not exceed 90% of the offsite construction
costs
No refund shall be made by CITY to BUTIMER until the Director
of public Words shall certify in writing to the Finance Director
that BUILDER is enti'.led to a refund by reason of connection
h.aviirg been za.de to FACILITIES in accordance with the Huntington
Beach Munic.1pal Co6o, and. that CITY has received the water service
fees from the area sea:ved.
Refunds shaI4 be payable for a period of five years only from
the date of applicant's application for main line extension.
Refunds s1txrIl be made from subsequent developtient as set forth
in Section 14.20.060 fix) of the Huntington Beach Municipal Cody:.
'gefUna$ shall bear P.C. iterest.
Refunds shall be payable onl;� to the original applicant; or
t.a l.itants. 'Upon death of appli"cz ts, the right to refund shall
alTX shall not be liable- for payment of any refund by reason
of its faUure to collect or ,receive from any person: or the
,sex rice fee. if a developer Who develops property servzd
gilt 0 t W4,
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by the.. FACILITIES ..instructed by BUILDER is r�,aired as a condition
of development to construct additional facilities, -',XTY may allow � *»
said developer credit toward the water service fee, and no sees
shall be due BUILDER by reason of such construction.
In the eVL ' CITY does not require a developer to deposit the
water service fees with the CITY prior to or concurrent with develop- '
ment, CITY may enter into an agreement with said developer stating
that, said developez is obligated, not only to the. CITY, b-4t to
BUILT3 R, and to developers who have previously:, t;ontributed to the '
cost of construction of facilities constructed hereunder to deposit R
j said fee with CITY. The CITY shall not be required to pay attorneys
fees or court cost : for any breach of this agreement.
In, the ev-nt this agreement conflicts with or contradl-ots any
City ordinances, such ordinances shall prevail over the tcrms of
this agreement.
WITNESS OUR H:A'ODS AND SEATS the day, month and year appearing
below..
Dated this day of
CITY of Hi3MI2 GTON BEACH
a municipal corporation
:
ATTEST
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cI t AT?pRt�VEll AS To FoR��i
AE'T?R E! AS, TO CONTENT: r
z mzn strator ThetCorporation of the Presiding
Bishop of Uae Chursh of Jesus Chris
A'�YT} .AT?FT�QVED
, of Tatter Day Saints, a Utah:
w•.� tI'II�#.L'i~t�
Corporation Sole
Air star of T?ubl .c vorks u . orize gets ._....�,
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NO, 86
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ON
REQUEST" FOR ary COUNCIL ACTION I-DS
Submitted by Paul E. Cook Department Public Works ,
Date Prepaied October 1 , 39 79 Backup Material Attached E Yes NO
Approval of Reimbursement Agreement 79,-W2 - Corporation of � `z
S.ubz;xt "
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Latter Day Saints �
City Administrator's Comments `
WV2V BY CITY COUNCU
Approve as recommended
CITY CL8AX
Statement of issue,Recommendation,Analysis,Funding Source,AiternatiL,e ActiGfis:
Statement, of Issue
The Auild,er, kii_6wn as The Corporation of the Presiding Bishop of the church
of aesus Christ of Latter Day Saints, seeks approval of Reimbursement
A<xeeniont 79-'W? for the construct o:t of a water main and other minor
facilities it= Graham Placer
Aecommsandation
Approvo the c reement which establishes a. maximum possible reimbursement
TFe cFip-oration. of latter Day Saints has constructed 397 iixieal, feet of
6"AX.P., water main, one (.i) fire hydrant:{ and one (1) 2" blow-oft assembly
in Gr°abam place and-seeks re mbarsement ander Section 14.48.a 0 of the
City's Xurticipal Code, The attached Agreement, No. 79-112, compl. es with
code and sets the maximum possible reimbursement at $7,803.00.
Funding Source;
+ ae2ae xsemt-_ntkrill he erom Drainage District 12 funds as service charges
are; collected.
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