HomeMy WebLinkAboutA. E. Ruoff - Reimbursement Agreement 72-W1 - Water Main TOPIC 1 / FILE NO.
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&v-.tsabtioa►s Doyle Miller
City Adrlaistrator
Subjects kaisabursem at Agreement No* 72- YV
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Sew be= collected f"m opens "a be coasaaractad to this ll
acid am is refwA&ble to the domlapar per the cmditieos of dw asraM \
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very truly yours,
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Director of public Warm
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City o Huntington Hunti ton Beach
P.O. BOX 190 CALIFORNIA 9264E
ENGINEERING DEPARTMENT
June 7, 1972
Honorable Mayor
and City Council
City of Huntington Beach
Attention: David D. Rowlands
City Administrator \v�_]
Subject: Reimburs C truction of
Off-sit Sewer t 17331 Beach Blvd.
Mazda Agen
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Gentlemen:
A. E. Ruoff constructed the subject=sewerain. Fees
in the amount of $1,902.34 have been collected from developers
who have connected to this line and said sum is refundable
to the developer.. Enclosed is a resolution.
It is requested. that sum be reimbursed, the check be
made payable to A. E. Ruoff and the Finance Department trans-
mit same "to him at 9850 Garfield Avenue, Space 81, Huntington
Beach, California.
Very truly yours,
James R. Wheeler
Director of Public Works
JRA:ae
Encl.
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REIMBURSEMENT AGREEMENT FOR
WATER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter for convenience referred to as "City",
and A. E. Ruoff, hereinafter for convenience referred ,to as "Builder".
WHEREAS, Builder, pursuant to agreement with City has, at his own cost
And expense, constructed a Water Main, hereinafter referred to as facilities,
and said facilities have been constructed in conformity with the plans and
specifications approved by the Director of Public Works of City, and
have been dedicated to City, and City desires to reimburse Builder for a
portion of the cost of the construction of said facilities as provided
by the ordinance cede.
NOW, THEREFORE,, in consideration of the premises and agreements herein
c� atained, the parties hereto agree as followst
I
Builder has constructed, at a total cost of $6,197.15 a Water Main
and appurtenances to serve 17331 Beach Boulevard and adjacent properties.
(See Exhibit MA" attached hereto and wade a pert hereof for a map of the
area served) and has dedicated said facilities to City.
The refund to be paid to Builder under this agreement is as followst
Total job cost of €aciliti s $5,197.15
Times 90% per chapter 34 j 5,577.44
Less Refund credited by waiver of
fee @ 150.00/acre 253.'S0 {
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Net Refundable $5,323.94
72•Wl
No refund shall be made by City to Builder until the Director of Public
Works shall certify in writing, to the Finance Director that Builder is
entitled to a refund by reason of connection having been made to facilities
in accordance with the Huntington Beach Ordinance Code, and that City has
received the fee for such connection.
City shall not be liable for payment of refund by reason of its failure
to collect or receive from any person or entity the connection fee. However,
City agrees from an administrative, legislative or quasi judicial procedure
to protect the interest of developers, either individuals or entities, who
have previously constructed similar facilities, by the collecting fees, either
prior to or concurrent with the development, or any property served by the v
facility constructed under this agreement. If a developer who 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
I
credit toward the per acreage fee consistent with this said agreement; and no
fees 'shall be due Builder by reason of such construction City further agrees
to furnish a copy of this agreement to the developer of any properties served
by the facilities described herein.
In the event City does not require a developer to deposit the connection
fee with the City prior to or concurrent with development, City will provide
an agreement with said developer that said developer is obligated, not only
to the City, but to Builder, and to developers who have previously contribute'l
to the cost of construction of facilities constructed hereunder to deposit
said fee with City; said agreement will further provide that in the event
that 'it becomes necessary to institute legal proceedings, either by the City
or by Builder or developers, who have previously contributed to the cost of
such facilities, to enforce the rights of the parties thereunder, that the
prevailing party shall be entitled to reasonable attorney fees; provided,
however, that the City shall not be required to pay the attorney fees for any
of the parties.
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iIt is understood that the City is not required to institute legal
proceedings to protect the interest of the Builder, but may do so.
WITNESS OUR HANDS AND SEALS the day, month and year appearing below.
DATED this day of , 19 .
CITY OF HUNTINCTON BEACH,
a municipal corporation
Mayor
ATTEST:
City&rerk
BUILDE
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APPROVED AS TO FORM APPROV D AS TO FORM:
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DON P B NFA
by -
City At ori�ey
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By• ��
➢� ity Attorney
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