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HomeMy WebLinkAboutC-899 - Reimbursement for costs of constructing sewer main extension in La Jolla Drivewe c: ; 164 (6) 1 CONTRACT FOR REIMBURSEMENT OF COST OF CONSTRUCTING WATER MAIN 2 3 THIS AGREEMENT, entered into this 23e! day of 412.0 -. 1964, by and between the CITY OF NEWPORT 5 BEACH, a municipal corporation, hereinafter called "City ", and 6 L. A. BECKER, hereinafter called "Becker "; 7 WITNESSETH: 8 WHEREAS, it is the policy of the City to require the 9 owners of property served by water mains or sewer mains to pay 10 the costs of construction of such mains as reasonably can be done 11 (Section 7600, Newport Beach Municipal Code); and 12 WHEREAS, Becker is the owner of Lot 35 of Tract 444, 13 City of Newport Beach, California, as shown on Exhibit "A" which 14 is attached hereto and incorporated herein by reference; and. 1511 WHEREAS, Becker has constructed at his own expense a six 16 inch (6 ") water main extension in La Jolla Drive at a total cost 17 of $583; and: 18 WHEREAS, Becker has filed.an:application with City 19 pursuant to Sections 7601 and 7602 of the Municipal Code requesting 20 that the Public Works Director determine areas of land which will 21 be benefited by the construction of the water main extension and 22 the amount to be paid for connection thereto by each parcel of land 23 within the benefited area; and 24 WHEREAS, the Public Works Director has determined that 25 Lots 34 and 35 of Tract 444, as shown on Exhibit "A ", will be 26 equally benefited by the construction of the water main extension 27 and that at such time as said Lot 34 is connected to the City water 28 system a charge of $291.50 should be paid by the applicant for such 29 connection; and 3011 WHEREAS, Becker has requested reimbursement from City of 3111 connection charges collected for parcels of land within the area oft 3211 benefit; - -... ... ..a.. r��S.. ..:�:..1.Y: �i.�•'4�� wl1�YCl ._.L'C.I�• �w��Pill.e^�2. �E w. a «.�1R�• - -... ... ..a.. r��S.. ..:�:..1.Y: �i.�•'4�� wl1�YCl ._.L'C.I�• �w��Pill.e^�2. 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 25 24, 25 26 27 28 29 30 31 32 46 NOW, THEREFORE, t% parties hereto agree as follows: 1. City agrees to require payment of $291.50 as a connection charge for water service to Lot 34 or any portion thereof. Said connection charge is made pursuant to Section 7601 of the Municipal Code and shall be in addition to all other lawful charges. 2. If such connection charge is collected by City within ten (10) years of the date said water main extension is accepted by City, then City agrees to pay said amount to Becker. 3. This contract is subject to all of the provisions, conditions and limitations contained in Sections 7601 and 7602 of the Municipal Code and, in the event of any disagreement of the parties over the construction of this agreement, said Code sections) shall be controlling. IN WITNESS WHEREOF,the parties have executed this agree- went as of the day and year first above written. CITY OF NEWP,OR —T' BEACH By Mayor Attest: Sir- M W � u ity Cle�— 2. . . . ........ co) 4d S, le z \ p 722 A4511 V; l \01 to A VOAI .35 7 'Tc �o 0/9 —W DATE 'S P U 2 L! C 'JO: DES 6- PU:;LIC V10:1KS DIRECiOR 1-454fl 67 111 !�7 NO. DRAIVit":0 .Dl :A:' MW 64 (6) 1 CONTRACT FOR R8 EMENT OF COST OF COHI�TR Rig MAIN 2 3 THIS AGREEMENT, entered into this day of 4 1'' 2. .. , 19640 by and between the CITY OF NEWPORT a i L.v 5 BEACH, a municipal corporation, hereinafter called "City ", and 6 L. A. BECKER, hereinafter called "Becker "; 7 WITNESSETH: 8 WHEREAS. it is the policy of the City to require the 9 owners of property served by water mains or sewer mains to pay 10 the costs of construction of such mains as reasonably can be done 11 (Section 7600, Newport Beach Municipal Code); and 12 WHEREAS, Becker is the owner of Lot 35 of Tract 444, 13 City of Newport Beach, California, as shown on Exhibit "A" which 14 is attached hereto and incorporated herein by reference; and 15 WgURAS, Becker has constructed at his own expense a six 16 inch (6 ") water main extension in La Jolla Drive at a total cost 17 of $583; and 18 WHEREAS, Becker has filed an application with City 19 pursuant to Sections 7601 and 7602 of the Municipal Code requesting 20 that the Public Works Director determine areas of land which will 21 be benefited by the construction of the water main extension and 22 the amount to be paid for connection thereto by each parcel of land 23 within the benefited area; and 24 WHEREAS, the Public Works Director has determined that 25 Lots 34 and 35 of Tract 444, as shown on Exhibit "A ". will be 26 equally benefited by the construction of the water main extension 27 and that at such time as said Lot 34 is connected to the City water 28 system a charge of $291.50 should be paid by the applicant for such 29 connection; and 30 WHEREAS, $ecker has requested reimbursement from City of 31 connection charges collected for parcels of land within the area of 321 benefit; 04 2 3 4 5 6 n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Y 0 0 NOW FORE; the pw;ties hereto agree as follows: 1. City agrees tw';joquire payment of $291.50 as a connection charge for water service to Lot 34 or any portion thereof. Said connection charge is made pursuant to Section 7601 of the Municipal Code and shall be in addition to all other lawful charges. 2. If such connection charge is collected by City within ten (10) years of the date said water main extension is accepted by City, then City agrees to pay said amount to Becker. 3. This contract is subject to all of the provisions, conditions and limitations contained in Sections 7601 and 7602 of the Municipal Code and, in the event of any disagreement of the parties over the construction of this agreement, said Code sections shall be controlling. IN WITNESS WHEREOF the parties have executed this agree- ment as of the day and year first above written. CITY OF NEWP RT BEACH By tlz�L /� Attest: r, city Clark . _ . e 0 ►rj -. 1 NA x 'tea cv q. :�. s 6'-.AC � � ii `�•�t�' ! rte♦ ,;��� i� � r 4 .10 r zo t m a ' ✓J �S .o �/ •>,g. � (� yi • 'rb� 40,,E \.. � 4^•� \ /gyp �• e ti tip AVON r� A /°4yp•C� Vo. FIRS .r.. , ♦� ram r,V e: ;`;.�!',• .yF ,.ng�„9 DRAWN DAT _ APPROVED PUBLIC e:o ;:S DIRECTOR R.E. NO, 'lk/ , 'EXTc=1,1- /,o /j XMBIT "s" I E 0 5 6. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 KPI 31' 321 (12) i RSgOiA",%" NO. 5934 is WSSF-VAS, L. A. Decker, the owner of Lot 35 of Tract 444 La. the City of Newport Bead, has constructed at his aft expense a six -inch water main extension in La Jolla Drive at a total cost of $34$; and BAS, pursuant to the provisions of Sections 701 'and 7602 of the Newport Beach Municipal Cads, said oune►r has requested rein ursemfent from the City of the am of $291.30 as a connection charge for water service to Lot 34 of said Tract 444, which the Public Works Director hen determined will be equally benefited by said water main extension, if such connection charge is collected by City within tea years of the date said water main extension is accepted by it; and WROAU, there has been presented to the City Council a contract between, the City and L. A. Becker under which the City agrees to require payment of such connection charge and make reimbursement to Becker as psmvided in said Sections 7601 and 7602; and WHIRZAS, the City Council has reviewed said contract and found the same to be fair and equitable and in accordance with said provisions of the Code; NOW, TRUMM$, BE IT RE80LUD that the Mayor and City Clerk be and are hereby authorised and :directed to execute said contract on behalf of the City of Newport Beach. ADOPM this 23a day of March, 1964. ATTEST: ^—� mayor City er n U TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No, C -899 Date April 1, 1964 Authorized by Resolution. No.5934 , adopted on March 23, 1964 Date Mayor and City Clerk executed Contract March 26, 1964 Effective date of Contract March 23. 1 Contract with L. A. Address Brief description of Contract Reimbursement of cost of constructing water main, Lot 35, Tract No. 444 Amount of Contract City Clerk RT 3F _ITT A.1MV?T_ ST ^tY:iz t � �'OT T_� t2.:S4E7i[ �L Df c.^.8t J: T4ater main 1. Copy of proposed.contract with L. A. Decker fzr reimbur49- meat of coat of corstr- &tiM metes main. Z. Cop? of pz�Dcae;.coatraat with i. A. seckar for reisbares- aent of teat of construetIng smmr main. 4 &eaolatiaaa.which. if adopted by the City Cow.cil, rill `authorize exee::tiar. said cor.traccs on behalf of the contracts h4va been f.="rded to the Public Works Director to obtain their execution by Bs. Beckon. afW which they sbould be pres4pted to the City.GaunttL for 'ems-ideration alms with the Subject r. mluttms. iia Lter . X. Chavemm City Attarray B; y --- riy1i i — I�. Assistant City ACC9ryep C:ty _UADagjr f'.aauce Director �L Fly cyC 17 CITY OF A1I WMT BRACH CTTv NTTMM M—Pa ` February 28, 1964 To; Public Works Director From: City Attorney "Ject; Contracts for reimbursement of cost of water main and saw" main Transmitted are the original and two copies each of proposed contracts with L. A. Becker, as followst 1. Contract for reimbursement of cost of constructing water main. 2. Contract for reimbursement of cost of constructing sewer main. These were pro ad pursuant to r�q�eat in your msmormadua dated February 4, 196tr, and the ap lications of Air. Backer as provided Dy Sections 7601 and 7602 of the Municipal Code. If astisfactory, it is suggested that these documents be transmitted to Mr. Beaker for execution and thereafter forwarded to the City Clerk for presentation to the City Council. Resolutions authorizing execution of the contracts on behalf of the City are being forwarded to the City Clerk for consideration by the Council when the executed contracts are returned. Walter W. Charamza City Attorney By _,1U,LY H.. 7mour.____ THSamec Assistant City Attorney Buts. cc • City Mena or C ity Clark ze� Finance Director