HomeMy WebLinkAboutHENRY H. BRUDERLIN - 1965-04-053
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" for Master File
BUST BE RETURNED
TO CITY CLERK
AGREEMENT FOR A�.SIGNMENT
WHEREAS; HENRY H. BAUDERLIN, as owner of rHunt:.ngton Garden
Apartments, Located at 4901 Hdil Avenue in the City of Huntington
Beach, hereinafter called Owner, has entered into an agreement
with the City of Huntington Beach, dated April 8, 1965, numbered
102, wherein Owner agreed at his own cost and expense to construct
and build off -site sewer facilities in conformity with the Hunting-
ton Beach Ordinance Code, and Owner is entitled, under said agree-
ment to refund in the amount of Twenty-two Thor.send Six Hundred
Fifty-seven and. 47/100ths Dollars ($22,657.47); and
Owner has entered into an agreement with the City of Hunt-
i'ngton.Beach, dated April 8, 196g, numbered 103, wherein Owner
agreed,at his own cost and expenseto construct and build off•-
site water facilities in accordance with the Huntington Beach
Ordinance Code, and Owner is entitled under said ordinance;code
and said agreement to refund in the amount of Four hundred. Fifty-
one and 22/100ths Dollars ($451..22), and
Said sewer and water.facilities hereinabove referred to havF;
411, been constructed; a„ d
CITY OF HUNTINGTON BEACH has been, W d is currently supply-
ing, water to said Huntington Garden Apartments at the request of
Owner and a debt in the amount of One Thousand Oeventy-eight arid;:
no/100th.s Dollars ($1,078.00) is owed. to City by Owner for, the
supplying of said waster for the period. begil)�iing September 251
1961�and ending January 25, 1968.
It is mutually, agreed by City and Owner that Owner' may as.g gn .'
his interest in Agreement'NO. - 105 ' for Four Hundred Fl ft�r-one and
.22/100ths Dollars ($41.22), and a portion; of Agreement No. 102
for Six Hundred Twenty--s x and 78/100tns bollars ($626.78) in
payment for the water bill hereinabove referred to,
NOW., THEREFORE. -in cops'ideration of the premises and the-
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1 mutual covenants herein contained, the part{ee hereto agree as
I follows:
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1. Ovmer does hereby assign to the City of Huntington Beach
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all his right, title and interest in and to any amount now due or
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becoming due under Agreement No. lor, entered ` into A� ril 8 i 6
and referred ;to above.
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2. 'Owner does hereby assign to City of Huntington Beach all
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hJ s ri kz t, .title and intorest in and'to a portion o:�' the amolLint o .
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refund to which he is entitled,under Agreement. No. 102 entered
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into April , 1965, to -wit.: Six Hundred Twenty-six.and 78/100ths
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:Dollars 626,78
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3. City of Huntington Beach hereby accepts tree assignment ore'.
the refund dud OW'ne,r under Agreement No: "103, hereinabove re,�-
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(erred to in paal,agraph One,; and does hereby aaaept L, portion of
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the refund due Owner under Agreement No. 102',referred to in. �
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Paragraph Two hereof, as payment in f11;af the water bill for
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Huntington Garden Apartments for the period beginning Se'ptelat er 25
1967 and ending January 25, 1968'.
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WITNESS OUR ANDS AND SEATS` -the 'day, month aazd year appear-
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ing below.
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DAUP this day of "' y 1968:
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:gyp
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Msi;__HMMY' BRUDEFLIN
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DATED thissray of 1968.
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CITY OF HTAITINGTON BEACH, a
municipal corporation,
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ATTEST:
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.--. By��
yor
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¢9
y Clerk
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,
rruraLan on , car v=nawe uoaa: aaTAr oven vvnazaoaT.on .am c&uacaTauu va
said water Wility to refundes from cone tiros tV germ to aid seater
facility,;
Nagy TMREFOREO in conaidoration of the promisees and the agreements
hersir con' aineds, the parties a,grttEa%as fo7.l.onss
I. 5.%at upon completion of the construction of the 2401214,
hereinafter described by the Buil&r to the f ''I sati8faetion of the
Director of Fubl3ao Works and on its dedication to the City 0 iiuntington
Beach.. Builder dhail be entitled to refund from connection fees sea;ivsT`
by the City of Huntingtcn Beach for connections Meade to said hereinafter
described facility in accordance with the provisi.cats of Chapter 35 of the
Huntington Leach Ordimnce Ude,
2. The facility taons3tructea by Builder and .for which refunds
am hereby agreed to be paid to Builder i s described as fol mss
Gnreizo: Heil. Avenue from 200 feet crest of Boisa Chica to 650 feet
westerly thereof„
3. Builder does hereby acknowledge that he has rived ea
refund ',a the form of a credit in the amount of 1,46 br waiver
of amnection; fees,
4,, That the coed to the 13143der for the construction of ,paid
facility is the sum of $2��•��•
a. Ths refuted to be paid to the Builder under this Agreement
it; as rollows:
Total Amount Refundable under
Chapter 35 90% x $20133.85 $1, 920.47
less:
Refund credited ty waiver of
foe on esonrteation to 1, 469.25
City partloipation $ -..
Not WundabIa $ 451.y,22
6. No refund payment shall be made by the Clerk of. the City of
Huntington Beach to Builder uMo l the IV.mtem of p'ubiics Works shill have
certified, in writingp to the City Cleft that U,Mer is entitled to a
refund for a specific oonnection'having previously been made to this particu-
lar facility in accordance with Chapter 35 and the City has received the fee
for such connection.
2.
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its failure to collect or receive from arw person or entity the water fteo
However, City agaes from an administrative, legial4tive or quasi, judiolal
procedure to protect the i..terest of &d2der, either individuals or entitia$s
who have previously constructed water faci2lties, by the collecting of the
water fees., either prior to or o u--urrent with the development of properties
serviced by said facility., if a builder who is developing property which will
be eerved, by the facility described herein,) is resyuirefis ae a cox4itioo to
the development of said proparty to construct water facilities., Gity melt :Aloe
said Rudder exodit towards the per adage fee consisaent with this said
ag�eemsnt City farther agrees to furnish a copy of this -agreement to the
developer of un properties being serve by the facility to which builder is
subject to refund under this agreement
a In that/ evoub City does not require a builder to depoa3.t the
water fee with the City p ,or to or concurrent with the develapnont of
properties, in that event City will provide is any agreement r►itts said
builder that said builder is obligated not only to .the City tut to the
'Wilder., araiv3duals or entities who have prey vus)y aoatribaW to the
cost of oor+truotion of the water hailitiss; said agreement v1U furU*v
t
provide that in this event that it becomes necessary to institute legal
prmaelinFgm, either by the City or by tin builder who has previously coom
tributed to the cost of waterifaci3itiea, to onforce the rights of the
ysxties thereunder, that the prevailing; party shall be entitled to raason-
able attorneys fees; provided however that the City span not be reguind
to pay the attorneys fees for any of the parrl000
g, at is understocd that the city is.nQW required to institute
legal proceedings to protect the interest of the 'builders but my do so.
Dated:'
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Agate UIIWW
STATE OF 0ALIFORNIA )
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Coll= OF ORUGE
On this A of 1wrovo J�--. dAkv
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v . — ra—r-WA catmtY.& tawc To —rem
aj)pwreMNALD P. SHIplers loon, to m to be the ft-yort aul kRCmjows
knoso to ms to be tha City Clark of the City cif Hmtingtm ftwhp wmfbipal
corpomtions, the covporstion that emmuted the idtbin lusbrusx* 4WA ackw-
lodged tb vai that they exam tod vaid Instr"ut to b"U of nth *mdcdi*l
OFFICIAL SEAL
ERMESTINA D1 FAB10
CALIFORNIA
NOTARY PUBLIC - CALIFOI
WNUMNA M FABIO NO'rARY PUBLIC
PRINCIPAL OFFICE IN In and 1- the County of 0m:=' skt. of c9lifand,
ORANGE COUNMW
W Cominds9ca ExPicas )une 26, 196S
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