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HomeMy WebLinkAboutMargaret S. Oliver - Reimbursement Agreement 71-S1 - Sewer M i City of Huntington Beach P.O. BOX 100 CALIFORNIA 92M ENGINEERING DEPARTMENT October 31, 1974 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Sewer Fund Reimbursement to Margaret S. Oliver Gentlemen: Transmitted herewith is a resolution authorizing - payment of $1, 816. 501 to Margaret. S`. Oliver for a sewer line built. on the west side of Bolsa Chica-_Street . from Warner. Avenue to approximately. 285 feet north thereof. Payment _should be made from..the. sewer fund, and it has been determined that sufficient funds are available for. this reimbursement. I recommend that your Honorable Body adopt the resolution. Very truly yours, E. g . Director of Public Works HEH:DLC:ae Trans. W-7 Llv� - . RESOLUTION NO. 1 A RESOLUTION OF THE CITY COUNCIL OF THE C_i`.1'Y OF HUP1'iINGTON BEACH lllfl.'I[OHIZ.TMG PAYMENT FROM SEWER FUND TO MARUAPi?'.i.' S . C?LIVE H WHEREAS, the City Council of Lhe Ci L , or Huntington Beach has adopted a budget for f i.:;r.ai nav 1910--i 975 by Resolution No. 3900; and Section 5 of said Rr,vr,a.ut: i-un No . 190b specifies the procedure rap authorizing expond i,l.cm s rram speVcial funds ; and The Director of Finance and the (: i. •y Adini.n:i:;trator• have recommended an expenditupo ; add l'he i;_i. t,y i'�_�unc .:E 't:erF l; ;� :.��',.!r'i�vt: :. ;ai.d r•c:c��rrarie ndati.on, iNOW'. 11-111'IiE FORE , 1<E 7.:T HP SOLVED by the C;i.t:y i;r_i'uncil Of the City of Huntington Bo ach that: r. lukur nsement; Vrdm the Newer fund In the: ruin of One `.i'huu.::,.uid Elght: Hundred Sixteen and 51i100 Ddl.lars ( $ 1. 3816 ';1) 1z rwvuby auLhor•i.zed to be rradq to Margaret S . 0110r, 675 1_.1.i!;.I-.i ;1 Avenue , Kng Beach , California, For work j?c,rfux°m(:il in consQuatiny ::c .;E +.per. :Li ree in1301: a Chic a AVenud north of Wainor v ivw hu the c t,y of Huhtingtcn Beach. PASSEb AND ADOPTED ► y the City Vnunc.11 Of the City ,or. Huntington Beach At A rei•;rr LIP wret. nq thereof held on the lIth day of Nuvemb&, 1971 . -.-------____._... ---Mayor ATTEST: r11'.i'1\l)VED AS TO FORM: City Clerk APPROVED AS TO CONTENT : City ,':urn:E ni-. REIMBURSEMENT AGREEMENT FOR SEWER 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 Margaret S. Oliver, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his .own cost and expense, constructed a sewer 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 code; NOW,THEREFORE, .in consideration of the premises and agreements herein `contained, the parties hereto agree as follows: Builder has constructed, at .a total cost of $3,600.00 a sewer main and .appurtenances to serve the west side of Bolsa Chica Street,' 4301' north of Warner Avenue and adjacent properties. (See Exhibit "A" attached hereto and made. a part 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 follows: Total job cost of facilities $3,600.00 . Less Refund credited by 'waiver of . fee 0'.125.33 ' x $12. 62 $1,581.66 Less: 10% per Chapter 35 - Huntington Beach Code $ 201. 83 Net Refundable $1,816.51 71-Sl 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 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 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 contributed 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. -2- It 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 HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk BUILDER TO 447 C (Individual) O STATE OF CALIFORNIA l COUNTY OF LOS ANGELES r SS. `. IJ On OCTOBER 10, 1974 before me, the undersigned, a Notary Public in and for said State, personally appeared MARGARET S. OLIVER W 0 A W I , W known to me I t F to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. OFFICIAL SEAL WITNESS my hand and official seal. MARGARITA L8R0UGIffT0N MVARY")BUG.�MMMIA Signal LOS AMORLM cout Y My Gbnanfpion Expire Jan.3, MM MARGARITA S. BRUUGHTON Name (Typed or Printed) (This area for official notarial seal) l� REIMBURSEMENT AGREEMENT FOR SEWER 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 Margaret S. Oliver, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a sewer 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 code; NOW,THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows : Builder has constructed, at a total cost of $3, 600. 00 a sewer main and appurtenances to serve the west side of Bolsa Chica Street, 430 ' north of Warner Avenue and adjacent properties. (See Exhibit "A" attached hereto and made a part 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 follows : Total job cost of facilities $3 , 600. 00 Less: Refund credited by waiver of fee @ 125. 33 ' x $12. 62 $1,581. 66 Less: 10% per Chapter 35 - Huntington Beach Code $ 201. 83 Net Refundable $1,816.51 71=S1 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 drainage 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. of any property served by the 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 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 drainage 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 contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; and 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. -2- It 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 HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk BUILDER TO 447 C O (Individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On OCTOBER 10, 1974 before-me, the undersigned, a Notary Public in and for said State, personally appeared MARGARET S• 'OLIVER W K F W I ' W, , known to me J ad to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. OFF CIAL SEAL WITNESS my hand and official seal. MARGARITA S.7S 'LTON i. WrARV f UKA•GLIFORNIA Sign ur 40d ANOff<m �y My tbmmbifon Expiltalt bn.3, 197E ARI S• BROUGHTON lip Name (Typed or Printed) - (This area for official notarial seal) RECEIVED WATER DEPARTMENT c ~ CALIF, C ' �..�. .,, � , . y of Huntington .c*, P,O. <30X '90 CALIFORNIA 92648 ENGINEERING DEPARTMENT August 24, 1971 Mrs. Margaret Oliver 675 Euclid Avenue Long Beach, California Subject: Sewer Reimbursement, Bolsa Chica N/o Warner Dear Mrs. Oliver: The amount of sewer reimbursement to which you will be entitled is computed as follows: Total contract amount - M.C. Nottingham $3,990.00 Less cost of lateral, etc. on your property 390.00 (see letter of 7-9-71) $3,600.00 Frontage of property that this sewer may serve Your property and the two adjacent to the south 285.33 feet Sewer Cost per front foot = 3600 = $12.62 285.33 Applied front footage charge for your property 125.331 x $12.62 = $1,581.66 Total reimbursable amount $3,600.00 less $1,581.66 $2,018.34 Less 10% per Chapter 35 - Huntington Beach Code 201.83 Net Reimbursable Amount $1,816.51 Please sign the original and one copy of the enclosed agreement and return them to this office for execution by the City. Very truly yours, James R. Wheeler Director of Public Works 1 V' Eric I. Lovejoy Division Engineer JRW:EIL:TM:ae Encl.