HomeMy WebLinkAboutRodney Eide and Nan D. Eide - Reimbursement Agreement 77-W5 TOPIC _FILE N0,
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REIMBURSEMENT AGREEMENT BETWEEN RODNEY
Ai1D MAIN FIDE A:]D THE' CITY OF riUNTIf1GTO v
BEACH FOR WATER MAIN CONSTRUCTION ( 77-W5)
THIS AGREEMENT entered into by and between the CITY OF
HUATINGT0:1 BEACH, a municipal corporation , hereinafter for con-
venience referred to as "CITY" , and RODNEY FIDE and NA14 D. EIDE,
individuals, hereinafter for convenience referred to as
j "BUILDER" .
J
W I T N E S S E T H:
Recitals :
1 . BUILDER, pursuant to agreement with CITY, has , at his
j own cost and expense , constructed 80 lineal feet of 8" A.C . P .
i water ;Main, one (1) . fire hydrant , and one 2" blow-off assembly ,
hereinafter referred to as FACILITIES, to serve BUILDER' S
,
development known as Lot 157 of Tract No. 417 and adjacent prop-
ernes known as Lots 132, 133, 156 , of Tract 417 .
Said facilities are offsite and 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 .
CITY desires to reimburse 13UILDER for the cost of con-
struction of said offsite facilities , less BUILDER' S portion,
as provided by the Huntington Beach Municipal Code 514 . 20 . 060 .
WHEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows :
1 .
Cost of Facilities and Area Served :
i BUILDER has constructed at a total cost of $3,000 a water
i
line and appurtenances to serve Lot 157 of Tract 417 and adjacent
properties . Exhibit "A" , attached herto and made a part hereof,
is a map of the area served. BUILDER has dedicated said FACILITIES
to CITY .
I
Refund
j The refund to be paid to BUILDER, out of available funds ,
udder this agreement is as follows :
i
1 Total Job cost of facilities . $3,000. 00
j Less BUILDER'S portion 750. 00
t Gross refundable $2,250. 00
i Less 10% per Huntington Beach Muni-
cipal Code 514 . 20. 060 (c) 225. 00
Net Refundable Amount $2 ,025 . 00
Conditions :
3 Refunds shall not exceed 90% of the offsite construction
1
costs .
i
i 1110 refund shall be made by CITY to BUILDER until the
t
Director of Public iJork"s shall certify in writing to the Finance
Director that BUILDER is entitled to a refund by reason of
con-nection naving been made to FACILITIES in accordance ;aith the
i
jHuntington Beach :Municipal Code, and that city has received
j
the water service fees from the area served .
{
i
Refunds shall be payable for a period of five years only
1 from the .date of applicant ' s application for main line extension.
i
i
1
2 .
y
Refunds shall be made from subsequent development as set
` forth in Section 14 . 20 . 060( i ) of the Huntington Beach ;Municipal
V Code.
f
Refunds shall bear no interest .
Refunds shall be payable only to tiZe original applicant or
applicants . Upon death of applicants , the right to refund shall
terminate .
CITY shall not be liable for payment of any refuir3 by
reason- of its failure to collect or receive from any pc=rson
or entity the water service fee . If a developer who develops
property served by the FACILITIES constructed by BUILDER is
required as a condition of development to construct additional
.facilities , CITY may allow said developer credit toward the
water service fee, and no fees shall be due BUILDER by reason
of such construction.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development , CITY may enter into an agreement with said developer
stating 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. The CITY shall riot be required
to pay attorney ' s fees or court costs for any breach of tizis
agreement .
3 .
In the event this agreement conflicts. with or contradicts
any CITY ordinances , such ordinances shall prevail over the terms
of this agreement .
s
WITNESS OUR HANDS AND SEALS the day , month and year appear-
ing below.
Dated this day of lg .
CITY OF H UNTINGTON BEACH
a municipal corporation
Mayor
ATTEST :
Alicia M. Wentworth
City Clerk
City Y Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORT :
C ty Administrator City Attorney
I1.IITIATED AND APPROVED: (�
irect of Public Works
BUILDER IL
" Z Rodne Eiae
Evan D. Eide
/• > CITY OF HlJ6VTINGTON BEACH
+ f�' INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Frank B. Arguello From H. E. Hartge
Subject Request for Payment on Date February 20 , 1979
RA No' s 77-Wl and . 77-W5
Attached is a letter from Nan Eide requesting. a payment
on the subject reimbursement agreement. Also attached is a
cash receipt indicating. the amount of water fees received.
Our records indicate that the City has collected fees
in the amount of $720 from a developer whose projects are
served by the water facilities built by the Eides.
Please begin your review of these agreements and let me
know if funds are available for payment to the Eides.
H. E. Hartge
Director of Public Works
HEH:JWW:mc
Attach.
21181 Poston Lane
Huntington Beach, Ca. 92646.
January 119 1979•
City of Huntington Beach
P.O. Box 190
Huntington Beach, Ca. 92648.
Engineering Dept. ,
Attention: John Whipple.
Dear Mr. Whipple :
Re: Reimbursement Agreements
.77-W1 , 77-W5:
As per our telephone conversation today, I am requesting
reimbursements for water main hook-ups for the lots currently
being developed on MacDonald Street in Huntington Beach.
Please mail all monies due to the above address. Thank you.
e
Very truly yours,
Nan D. Eidw
RFC 1► V
DEPT. Cry
JAN 15 1979
- HUNTINGTON BEACH. CALIF.
REQ.NO. 4 1 3 3 6 2 /., DEPARTMENT USE
!�� 11 11/�f/-/1/) /y , , I I U HI IA I O 1
5- 6 7 Acc't No. 12 M M D Y.�! M M D D Y Y 25 78 80
13 18 19 24
� Date Required
WATINGTON BEACH -
MATERIAL Requested by t Approval
REQUISITION Approved by ,/ ' ��' Contacted
' For additional information call .Phone
i . .PURCHASING .
Phone
DATE VENDOR # P.O.#
f ( C ( .E r ;.•!��' .<i4'i G G;� tom:. H
D I !J '�(�. x. P
R / !� T
14,1 ,.�: , L �y t�
F.O.
B. Destination Delivery within confirm Plus.Frt..Prepay&Add:
days
OUANTITY UNIT •
77- ws 7� 0
TOTAL $ 74 e)
REQ.NO. AMOUNT REQ.NO. AMOUNT REQ.NO. AMOUNT
1 2 3
M
4 S 6
7
6 v
FBCITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To H. E. Hartge From F. B. Arguello
Director, Public Works Director of Finance
Subject RA 77-W1 , 77-W5, 77-W4, and Date March 1 , 1979
77-S2
The above referenced reimbursable agreements have sufficient funds to cover the
requested amounts.
F. B. r uello
Director of Finance
FBA/WL/cg
OF p �V
USt�rc WOpKS
MAR 01 1979
Hv�No�N 6E,OcN.
�Lr�
REQUEb ( FOR CITY COUNCIL :ACTION
Submitted by H. E. Hartge Department Public Works
Date Prepared July 17 , , 19 78 Backup Material Attached Fx Yes No
Subject Reimbursement Agreement 77-W5
City Administrator's Comments
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue
Rodney and Nan Eide have applied to the City for a reimbursement agree-
ment for offsite water facilities installed by them in conjunction with
their development on MacDonald Avenue.
Recommendation
Approve the attached agreement with Rodney and Nan Eide and authorize
the Mayor and City Clerk to execute same.
Analysis:
The Eides installed a water main and appurtenances to serve properties
adjacent to their development located at 7852 Mac Donald Avenue. The
total cost of constructing these facilities is $3 ,000 . 00 . This cost is
subject to the provision of the Municipal Code relating to conditions
for refunds. ' The subject agreement calls for reimbursement by the City
to the Eides from fees charged to builders who develop property within
the area served by the water facilities. The refundable amount under
this agreement is calculated as follows:
Total cost of facilities $3 ,000 .00
Less Builder' s portion 750 . 00
Gross refundable 2 ,250 . 00
Less 10% per Huntington
Beach Municipal Code
Section 14 .20. 060 (c) 225 . 00
Net Refundable Amount $2 ,025 .00
Payment of the $2025 will be made from subsequent development fees as
required by the agreement.
Funding Source .
PIoTAWre is no expenditure of funds involved in the recommended action.
HEH:JWW:me ,�
REQUE_sT FOR CITY COUNCIL ACTION
Submitted by H. E. Hartge Department Public Works
Date Prepared July 17 , , 19 78 Backup Material Attached ax Yes No
Subject Reimbursement Agreement 77-W5
City Administrator's Comments
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue
Rodney and Nan Eide have applied to the City for a reimbursement agree-
ment for offsite water facilities installed by them in conjunction with
their development on MacDonald Avenue.
Recommendation
Approve the attached agreement with Rodney and Nan Eide and authorize
the Mayor and City Clerk to execute same.
Analysis:
The Eides installed a water main and appurtenances to serve properties
adjacent to their development located at 7852 Mac Donald Avenue. The
total cost of constructing these facilities is $3 ,000 . 00 . This cost is
subject to the provision of the Municipal Code relating to conditions
for refunds. The subject agreement calls for reimbursement by the City
to the Eides from fees charged to builders who develop property within
the area served by the water facilities. The refundable amount under
this agreement is calculated as follows :
Total cost of facilities $3 ,000 . 00
Less Builder ' s portion 750 . 00
Gross refundable 2 ,250 . 00
Less 10% per Huntington
Beach Municipal Code
Section 14 . 20 . 060 (c) 225 . 00
Net Refundable Amount $2 , 025 . 00
Payment of the $2025 will be made from subsequent development fees as
required by the agreement.
Funding Source
PioT,4gre is no expenditure of funds involved in the recommended action.
HEH:JJWW:mc
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To H. E. Hartge From A. De La Loza
Director, Public Works Contracts Administrator
Subject EIDE R.A. # 77-W-5 Date June 23, 1978
The builder under the attached agreement claims that d�LRpnment has, a bred in an
area served by the facility he constructed. Accordingly, please ask Mr. Whipple
to verify that funds have been received and if so a request for payment should be
initiated.
�g - �� 0
3�
a"4 a4A4
/ ► C La Loza
�,(�,� C/ ontr tr acts Administrator
AD/cg
City of Huntington Beach-IS;
P.O. BOX 190 CALIFOMIA SOW
OFFICE OF,THE CITY CLERK
August 8, 1978
Rodney and Nan Eide
21181 Poston Lane
Huntington Beach, Ca. 92646
Dear Mr, and Ms. Eide:
The City Council of the City of Huntington Beach approved the
Reimbursement Agreement between yourselves and the City of
Huntington Beach at the City Council meeting held Monday, August
7, 1978.
Enclosed please find your copy of the Reimbursement Agreement
for water main construction (7745).
Sincerely,
Alicia, M. Wentworth
City Clerk
AMW/es
Enclosure
/- �r D1LaLv�
REQUE-i i FOR CITY COUNCIL CTI
1- �r�a
Submitted by H. E. Hartge Department Public Works
Date Prepared July 17 , , 19 78 Backup Material Attached Fx Yes No
Subject Reimbursement Agreement 77-W5
City Administrator's Comments
APPROVED BY CITY (;O6NC;,.-
Approve as recommended . _ ...__......1i_._L._—ivy
CITY MR&
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue
Rodney and Nan Eide have applied to the City for a reimbursement agree-
ment for offsite water facilities installed by them in conjunction with
their development on MacDonald Avenue.
Recommendation
Approve the attached agreement with Rodney and Nan Eide and authorize
the Mayor and City Clerk to execute same.
Analysis:
The Eides installed a water main and appurtenances to serve properties
adjacent to their development located at 7852 Mac Donald Avenue. The
total cost of constructing these facilities is $3 ,000 .00. This cost is
subject to the provision of the Municipal Code relating to conditions
for refunds. The subject agreement calls for reimbursement by the City
to the Eides from fees charged to builders who develop property within
the area served by the water facilities. The refundable amount under
this agreement is calculated as follows:
Total cost of facilities $3 ,000 .00
Less Builder's portion 750. 00
Gross refundable 2 ,250. 00
Less 10% per Huntington
Beach Municipal Code
Section 14 .20. 060 (c) 225.00
Net Refundable Amount $2 ,025 .00
Payment of the $2025 will be made from subsequent development fees as
required by the agreement.
Funding Source
PIoTJ4gre is no expenditure of funds involved in the recommended action.
HEH:JWW:mc
REIMBURSEMENT AGREEMENT BETWEEN RODNEY
AND NAN FIDE AND THE CITY OF HUNTINGTON
BEACH FOR WATER MAIN CONSTRUCTION (77-W5)
THIS AGREEMENT entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter for con-
venience referred to as "CITY" , and RODNEY EIDE and NAN D. EIDE,
individuals, hereinafter for convenience referred to as
"BUILDER".
W I T N E S S E T H:
Recitals:
1. BUILDER, pursuant to agreement with CITY, has , at his
own cost and expense , constructed 80 lineal feet of 8" A.C.P.
water main, one (1) fire hydrant, and one 2" blow-off assembly,
hereinafter referred to as FACILITIES, to serve BUILDER'S
development known as Lot 157 of Tract No. 417 and adjacent prop-
erties known as Lots 132, 133, 156, of Tract 417.
2. Said facilities are offsite and 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.
3. CITY desires to reimburse BUILDER for the cost of con-
struction of said offsite facilities , less BUILDER'S portion,
as provided by the Huntington Beach Municipal Code §14. 20. 060.
WHEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows :
1.
9
Cost of Facilities and Area Served:
BUILDER has constructed at a total cost of $3,000 a water
line and appurtenances to serve Lot 157 of Tract 417 and adjacent
properties. Exhibit "A" , attached herto and made a part hereof,
is a map of the area served. BUILDER has dedicated said FACILITIES
to CITY.
Refund:
The refund to be paid to BUILDER, out of available funds ,
under this agreement is as follows :
Total job cost of facilities $3,000. 00
Less BUILDER'S portion 750. 00
Gross refundable $2,250. 00
Less 10% per Huntington Beach Muni-
cipal Code §14. 20. 060(c) 225. 00
Net Refundable Amount $2,025. 00
Conditions :
Refunds shall not exceed 90% of the offsite construction
costs .
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 con-
nection having been made to FACILITIES in accordance with the
Huntington Beach Municipal Code, and that city has received
the water service fees from the area served.
Refunds shall be payable for a period of five years only
from the date of applicant ' s application for main line extension.
2.
Refunds shall be made from subsequent development as set
forth in Section 14. 20. 060(1) of the Huntington Beach Municipal
Code.
Refunds shall bear no interest .
Refunds shall be payable only to the original applicant or
applicants. Upon .death of applicants , the right to refund shall
terminate.
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive. from any . person
or entity the water service fee. If a developer who develops
property served by . the FACILITIES constructed by BUILDER is
required as a condition of development to construct additional
facilities, CITY may allow said developer . credit toward the
water service fee, and no fees shall be due BUILDER by reason
of such construction. .
In the event CITY does not require a developer to deposit _
the water service fees with the CITY prior to or concurrent with
development., CITY may enter into an agreement with said developer
stating 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. The CITY shall not be required
to pay attorney' s fees or court costs for any breach of this
agreement .
3.
4
In the event this agreement conflicts with or contradicts
any CITY ordinances , such ordinances shall prevail over the terms
of this agreement .
WITNESS OUR HANDS AND SEALS the day , month and year appear-
ing below.
Dated this day of 19 .
CITY OF HUNTINGTON BEACH
a municipal corporation
Ma or
ATTEST:
Alicia M. Wentworth
City Clerk
�y. ems:
Deputy City _Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORD"':
C ty Administrator C ty Attorney
INITIATED AND APPROVED: (�
irect of Public Works
BUZe,
8 e Ei e
Nan D. Eide
4 .
r,
4 NOL .
tn
AVF_NUE
4005
,n
ti os CIO) O
l 28 29 (25 25 4 �5 6)°
O I L0� 1i.
131 _ 130 lP9 12.0 /P 7_ 126.__•_• /?5 124_ ti
3 134 135 136 137 138 139 0 /. 35 Ac.
NO. 6234
22) (\ 117
ti o i18 17
th
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120z
r -
MAC DONALD
\ C3) (8)
IS Z
h
45�.�1/8.—fit n
S- 5/ 5 155 /54 153 /5P /5/ 150 14') 14
10
� I �
OE't OTES AREA► 6E9V60 eY FWLI TIES
a
July 6, 1978
Rodney Eide
21181 Poston Lane
Huntington Beach, CA 92646
Dear Mr. Eide:
Enclosed please find the reimbursement agreement for
the water line built in MacDonald Avenue in conjunction
with your development. The agreement calls for reimbursement
by the City to you from fees collected from builders who
develop property within the service area.
If this agreement meets with your satisfaction, please
sign and return it to this office to the attention of John
Whipple.
Very truly yours,
H. E. Hartge
Director of public Works
Michael Zambory
Acting Director of Public Works
HEH:MZ:JWW:lw
Encl.
► '4 _ C,ON.TRAC'I .OUT I N; ME;10
To: Appl icable Department Di rector
From: - A. Dc La Lozd
Contracts Administrator Subject : Contract ir' J7 y
P l ease rev i cvj l t tached- ,)<I r(2cmen t and note rcconmrenda t ion <)ncl connnon l s prior to routing
to the next department listed.
DEPARTMENT RECO1.111C1 DAT I Oft 'l `DATE
(Approval/Ui �.�INrov,r I ) -�
1 . Initiating Department :
2. Contracts Administrator (Log/DisLriI)ULion s-44-1Y
o � c
3. City At Lorricy
4. Finance Director d—n4AIA
5. Ci ty TrcaSLlr"er"/Ri ;k M(Ir. (�
6. 0ther- fUtLIC
7. Other
8. City AdininisLI-aLor
9. City Council
10. City Clerk
H . Contracts Administrator
r
Attach cornmcnts i f necessary. _ ..
Ap�
R .,
"UN TiN
rm
J(/N I5 1978
0
+�1nJ& CITY OF HUNTINGTON BEACH
0 INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To F. B. Arguello From A. De La Loza
Director of Finance Contracts Administrator
Subject R.A. 77-W5 (E I DE) Date May 24, 1978
Recommend approval of the attached reimbursement agreement which is to be funded
by subsequent developers who connect to the constructed faci 'ties.
A. De La Loza
Contracts Administrator
AD/cg
* w
CONTRACT ROUTING MEMO
To: Applicable Department Director
From: H. E. Hartge , Director of Subject: /'PAS ?' -� W5
Public Works
Please review attached agreement and note recommendation and
comments prior to routing to the next department listed.
DEPARTMENT RECOMMENDATION* DATE
(Ap royal Disapproval)
1. Initiating Department: /2`Z 77
2 . Contracts Administrator
3. City Attorney
4 . Finance Director
5. City Treasurer/Risk Mgr.
6 . Other
7. Other
8. City Administrator
9. City Council
10. City Clerk
11. Contracts Administrator
*Attach comments if necessary.
REIMBURSEMENT AGREEMENT 77-W5
WATER MAIN CONSTRUCTION
THIS AGREEMENT entered into by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter for ,con-
venience referred to as "CITY" and RODNEY EIDE, and NAN D. EIDE,
hereinafter for convenience referred to as "BUILDER" ,
WHEREAS , Builder, pursuant to agreement with City, has, at his
own cost and expense, constructed 80 .1ineal feet of 8" . A.C.P . water .
main, one (1) fire hydrant, and one 2" blow-off assembly, herein-
after referred to as FACILITIES, to. serve"Builder" Development known
as Lot 157 of Tract No. 417 and adjacent properties known as Lots 132,
133 , 156 of Tract 417 , 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 the cost of the construction of
said Facilities less Builder' s portion of said water line, as provided
by the Municipal Code,
NOW, THEREFORE, in consideration of the covenants and agreements
herein contained, the parties hereto agree as follows :
Builder has constructed at a total of $3 ,000. 00 , a water main
line and appurtenances to serve Lot 157 of Tract 417 and. adjacent
properties. Exhibit "A" , attached hereto and made a. part hereof,
is a map of the area served. Builder has dedicated said Facilities
to City.
The refund to be paid to Builder, out of available funds, under
this agreement is . as follows:
y
Total job cost of Faciiites $3 , 000. 00
Less Builder' s portion .750 . 00
Gross refundable 2 ,250. 00
Less 10% per Huntington Beach Municipal 225. 00
Code Section. 14.20. 060 (C)
Net Refundable $2 ,025. 0C
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
Municipal Code, and that City has received . the water service fees
from the area served.
Refunds shall be payable for a period of., five years only from
the- date of applicant' s application for main line extension.
Refunds shall be made from subsequent development as set forth
in Section 14 . 12. 010 of the Huntington Beach Municipal Code.
Refunds shall not exceed ninety. percent of offsite construction
costs.
Refunds shall bear no interest.
Refunds shall be payable only to the original applicant or .
applicants. Upon death of applicants, the right to refund shall
terminate.
City shall not be liable for payment of any refund by reason of
its failure to collect or receive from any person or entity the water
service. fee. If a developer who develops property served by the
Facility constructed by Builder is required as . a condition of
development to construct additional facillities, _City may allow said
developer credit toward the water service fee, and no fees shall be
due Builder by reason of such construction.
-2-
In the event 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 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. The City shall not be required to pay attorney' s
fees or court costs for any breach of this agreement.
In the event this agreement- conflicts with. or contradicts any
City ordinances, the ordinance provisions .shall prevail over the
terms of this agreement.
(Rest of page not used)
-3-
WITNESS OUT HANDS AND SEALS the day, month and year appearing
below.
DATED this day of 19
CITY OF HUNTINGTON BEACH (CITY)
a municipal corporation
Mayor
ATTEST: .
City Clerk
RODNEY EIDE (BUILDE'R)
APPROVED AS TO CONTENT
City Administrator
NAN D. EIDE
APPROVED BY INITIATING DEPARTMENT
Director of Public Works
APPROVED AS TO FORM
City Attorney
-4-