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HomeMy WebLinkAboutSHAFFER DEV Storm Drain Construction at Heil Avenue and A PSIMBURSEMENT AGREEMENT SO-Dl T STORM DRAIN CONSTVICTION x THIS AGREEMENT is made and entered into this `j 2t_h day of � May, 1980,, by and between the CITY OF HUNTINGTON BEACF, a r,?;nicipal corporation of the State of California, herenafrer referred to "n r as "CITY," and SHAFFER DEVELOPMENT COMPANY, a California Corporation, ry he�i--inafter referred to as "BUILDER.," R E C I T A I. S WHEREAS, BUILDER, pursuant to its agreement. with CITY,. has At its own cost and expense, constructed 240 1.f, of 45" P.C.P. at c.he southw;-st corner of Heil Avenue and Algonquin Street, hereinafter ra'_led "FACILITIES, " to serve BUI:,DER'S development known as Tract 9617 anti adjacent properties, and F?.CILITIES have been rinstructed in conformance with the plans and specifications approved by the Director of Public Works of, CITY; and FACILITIES :have been. dedicated to CITY; and CITY now desires to reimburse BUILDER 'U'or t. portioz of the cost of the constru- Lion of MCILITIES as provided in Hunting .on Reach Municipal Code, Section 14.48.070. AGREEKENT' NOW, THEREFORE, in consideration of the covenants and agree- ments herein contained, the panties hereto agree as gallows 1.. CONSTRUCTION BUILDER has constructed FACILITIES at a total cast of $27;","80,99, ` to serve Drairat a District No, 32. Attached hereto as Exbibit "A" and her. 't;%is reference* made part hereof is a of the dd.raina.4e area „erved' by FACILITIES t 2� DEDICATION, BUILDER has dedicated FACILITIES to CITY The maximlam --a-fund to be paid to BUILDER under this agree- ment is ar. follows Total job cost of FACILITIES . . $27,380.99 Less tan pe-cent 0.0%) per Code k Eecti< 14.48,;}70(c) . . . . 2,738.09 Maximt-^s refund . . . $24,642,90 Refunds shall be payable for a period of five (5) years a ; ` from the date of BUILDER'S application and shall bear no interest. Refunds s!iall not exceed ripety per ent {98%i of off-site construction casts Funds have been expended for Drainage District No.- 1Z in accordance with Government Cade Sections 66483 and 66487 onlyry Refunds are payable only from a positive glance ava .lab2e in ,said district's fund, 4. CERTIFICAI ION TO FINANCE DIRECTO No refund shall by made by CITY to BUILDER until th-e Director at Public ?orlts shall certify in writing to the Finance Director that lees have been collected in the drainage area served by FACILITIES and that there is a positive balance ;in said Drainage Distric% No 12 to refund to MJILU;DR, RR.EVIOU'S DEVELOPERS, The parties agree That, previous developers within the same drainage area in the disc. ct shall, have their claims liquidated prior to the obligation established by this agreement so long as funds are available within Drainage Distract Net, 12, 9Y C MIMI a s 6. SUBSEQUENT D,_TELOPERS If a developer who develops property served by FACILITIES �n'= 3' constructed by BUILDER is required as a condition of development to constr?.,ct additional facilities; CITY may allow :said developer ,„ credit toward the per acreage fee consistent with this agrees«entf and no fees zbal.l be due BUILDER by reason of such construction and cre"it, 7. LIABILITY Or CITY. CITY shall rot be liable for payment of any refund by 3 mason of its failure �-o collect or receive from cny person the service fee for connecting into FACILITIES constructed by BUILDER. C rTY'S ref._=--nl to allow any connection cx connections into FACILITIES constructed by BUILDER shp.11 .not make CITY liable for any refund which might have accrued to BUIIDFR if such con- nection had been permitted. 8. CONNECTION BY PUBLIC AGENCY. CITY retains the right/ to allow a connection by a public agency exempted from payment of connection fees and snarl rot be liable to BUILDER for refund because off: ,said connection. 9. COMPLETION OF PROJECTS CITY shall not be required to make reimbursement to any person antil all drainage construction projects a drainage area served by FACILITIES are completed., 10. A TTORNEIV S FEES CITY shall ;not be required' to pay attorney's .fees or court, costs: for any breach of this agre�e, .ent.' 11. ENTIRETY. This agreement contains the ent-re agreement between the parties .hereto 3 f. r 8 ITT WITNESS WHERZOP the '"•parties hereto have executed thi agreement on the date and year first above -written. � CITY OF HUNTINGTON BEACH a municipal corporation x Mayor ATTEST- APPROVED AS TO FORMS a c. tr City CIe3A City Attorney REVIEWED AND APPROVED: INITIkTED AND APPROVER. � x City Administrator Director of Pub is Woz:ss SHA,rFEA DEVET,OPMENT COMPP NY Company � a • Z.f�Gaxt:. e crjekr�y � 4, n PLANNING ZONING Dm 23 SECTIONAL DISTRICT MAP 20-5 --- 1 � k: ' CjrF L Nf l N '(T 7 �. Y BEACH l (`.'J 333 . A S 4 £t ... 9MEMIM BY I'hr ?AU: - _. fig a ,x "4 z Kf w + f C4 3+ V K 3 x 4T 92 y 1vA is 9 p r P 8 6b t> F #G4 'b a2k ars+»y k��rsTM*tea:• :L a•-..Tl 5d 26 r s"E4 :2t. it E4 f Rl , fi C�t « 1 �C s +xa ,sF .`axf }?a ts; �+ R' t yq .a 4 CF jollIkk ,x R Ri R2 R2 Rl _. w R2 R2 R2 'R2 R2 R2 R3 1 t{ (� vR, 3 R3 RZ R3 R3 i, irk•.•wwi ...'n„ren+V'i..Y+1ni,+Ideu�+,v.+:,.v: w�wnr•in'Mw4wa.�rr.�3.�.�f,.�i. r i f r .,. _ ^ 9 5•Fi «+`di ZONNNG INDEX. MAP 14MAP v r,t cm�'� v i; :t;�M :xR+eC � i,Ri<°5 �.":4; 'k + 2.7 L ^^<F,• as 4ps 4 34 �a..f ���Cti': 'an s �$.n.;dd'R dy,�, •s,t'I g9.... ,t �rj, � ^ `. cl 7-6 to �;W'„3 t R+ix i�1 ybtti €thIP1 r y � •� e C)TY CE HUNTINCT©N BEACH t Nf s� � z / D:.'V/vca/ ` DPI' REQUEST FOR CITY COUNCIL ACTION Cooker Submitted by Paul E. _ ' " Department Public Works J ce Prepared May 23 , 19 80 Backup Pzterial Attacha^ txJ Yee No Subiect Reimbursement: 13;reement 80-D1iP " .. ',dtninistrator's Comments --- I , l+PI3RpTr7 33Y "' CITY o0UNCIL :Approve as Recommended -�-- --t�•�G cz v.t'r. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative.Actions: Statement of Issue: Shaffer Development Company seeks the approval of Reimbursement Agreement 80-31 for the construction of 240 lineal feet of 45 inch master planned storm drain pipe., ° Recommendation Approve the agreement which establishes a maximum possible reimbursement of $24,642.90. Shaffer Development has constructed 240 lineal feet of 45 ,inch storm drain pipe to serve Tract 9617 and adjacent properties. in accordance with Section 14,.48.070 of the Municipal Code, �:he Shaffer Deve?opment is hereby seeking reimbursement. The attached agreement, No. 80--Dl, complies with the Cade and sit the maxiirum possible reimbursement of $24 ,642.90., Funding Source: 114eimbrusement will be frnm Drainage District 12 Funds as future drainage fees are collected. PEC:DRN:j 31 NO i