Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Jansvu Propertys' Inc. - Reimbursement Agreement - 79-D1 - S
OFFICE MEMORANDUM To Don Noble Date 5/16/80 From Office of the City Attorney In Re Your request, dated 5/14/80 , for RESOLUTION AUTHORIZING PAYMENT OF $9,881 . 45 TO JANSVU PROPERTIES has been assigned to staff attorney CHARLES W. MATHEIS _ Please communicate with him direct . DP}i:ahb 1 thank you! i r s l AGENDA ROUTING SLIP INITIATING DEPARTMENT Public Works/Don Noble SUBJECT Reimbursement Payment — Storm Drain Agreement 79—Dl AGENDA DEADLINE DATE May 23, 1980 To Administration MEETING DATE June 2, 1980 $ ] LEGAL DEPARTMENT WITH EXHIBITS C, $] INITIATING DEPARTMENT—REVIEW/APPROVAL By: yes No [ 1 [ 1 Ordinance [ ] Exhibits [XI [ ] Resolution [ $ Exhibits [ 1 [ 1 Contract or Agreement [ ] Exhibits Financial Impact Report — Unbudgeted items over $500 [ I [ l INSURANCE REQUIRED ( ] [ ] BONDS REQUIRED [ ] [ l RCA ( ) ADMINISTRATION [ l CITY CLERK FOR AGENDA COMMENTS: Authorizing payment of $9 ,882 .45 to Jansvu Propertys' Inc. for installation of storm drain facilities. P10 12/79 lansm Propertys' Inc REAL PROPERTY DEVELOPMENT RICK ANNIGONI President and Chief Executive Officer E.First Street, ite G,Tustin,CA 92680 ff: (714) 730 3595 Res: (213) 592-5080 REQUEST FOR CITY COUNCIL ACTION Submitted by Paul ronk \ Department P11h1 i r. WnrkG Date Prepared May 14 , 19A Backup Material Attached Q Ye: � No Subject Reimbursement Payment - Storm Drain Agreement 79-D1 City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: Statement of Issue : In accordance with storm drain Reimbursement Agreement 79-D1, Jansvu Prop- ertys' Inc. is due $9,882. 45. Recommendation: Adopt a resolution authorizing payment in full to Jansvu Propertys' Inc. Analysis : In 1979 , Jansvu Propertys' Inc. financed the construction of 309 lineal feet of 36 inch diameter storm drain pipe in conjunction with their develop- ment of property at 17592 Cameron Street. The reimbursement agreement, approved by the City August 7, 1979 , provides for a maximum payment of $9 , 882. 45 toward the cost of these improvements. Funding Source : Drainage District Account #3. PEC:DN:jy Pio are .A, ' CITY OF HUNTINGTON BEACH y .� INTER-DEPARTMENT COMMUNICATION I'`/l HUNTINGTON BEACH lb �v To F. B. Arguello From Mark Ambrozich Director of Finance Accountant Sr. D � Subject Request for Payment on Reim- Date May 13, 1980 , bursement Agreement 79-D1 Our records show sufficient funds in Drainage District 3 to cover this reimbursement. 40 Mark Ambrozich Accountant Sr. MA/cg Q4d I - Jansuu Propertys0_y 515 E. FIRST STREET, SUITE G v+► TUSTIN,CALIFORNIA 92680 (714) 730-3595 April 23, 1980 Mr. Paul Cook, Director of Public works City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Dear Mr. Cook: Consistent with our recent telephone conversations with your Mr. Mark Ambrozich, Jansvu Propertys ' Inc. respectfully requests payment of refund as provided by the Municipal Code, Section 14. 48.070. Said funds relate to an approved authori- zation of reimbursement in agreement between Jansvu Propertys ' Inc. and the City of Huntington Beach for construction of a storm drain 79-DL. It is our understanding that the total job cost of facil- ities equaling $10,980. 50 less 10% as provided by the Municipal Code will return to us in an amount equal to $9 ,882.45. We at Jansvu Propertys ' Inc. appreciate your kind attention to this matter and thank you for your continued interest in Jansvu Propertys ' and our construction and development activities. Sincerely, JA4,SVU-.R P RTYS' INC. 0'Vi t-Secretary WDO:pf ',^ DEPT. OF P1J9'-iC \Ar077KE-3 APR 2 41980 C=`-INTINOTON B=ACH. CALIF. REAL PROPERTY DEVELOPMENT v � CITY OF HUNTINGTON BEACH .,� INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank B. Arguello From Paul E. Cook Finance Director Director of Public works Subject Request for Payment on Date April 24 , 1980 •Reimbursement Agreement 79-Dl W. Daniel O'Connor, Vice President-Secretary for Jansvu Propertys ' Inc. , has requested payment on Reimbursement Agreement 79_-Dl . The total amount reimbursable is $10 , 980 . 50 less 10% , per Municipal Code, or $9 , 882 . 45 . Our records indicate that the City has some funds in Drainage District 3 from which a payment could be made. Please review your records and let us know if funds are available for payment to Jansvu Propertys ' . PEC:DN: jy 1 i I I dansup Propertys' Inc. 515 E. FIRST STREET, SUITE G TUSTIN,CALIFORNIA 92680 (714) 730-3595 April 23, 1980 Mr. Paul Cook, Director of Public Works City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Dear Mr. Cook: Consistent with our recent telephone conversations with your Mr. Mark Ambrozich, Jansvu Propertys ' Inc. respectfully requests payment of refund as provided by the Municipal Code, Section 14. 48 . 070 . Said funds relate to an approved authori- zation of reimbursement in agreement between Jansvu Propertys ' Inc. and the City of Huntington Beach for construction of a storm drain 79-DL. It is our understanding that the total job cost of facil- ities equaling $10 ,980 . 50 less 10% as provided by the Municipal Code .will return to us in an amount equal to $9 , 882 . 45 . We at Jansvu Propertys ' Inc.: appreciate your kind attention to this matter and-_thank you for your continued interest in Jansvu Propertys ' and our construction and developm,nt. activities . Sincerely, „ JA.VU PROPERTYS ' INC. Vice. Pres-kd-ef�_t-Secretary REAL PROPERTY DEVELOPMENT REQUEST FOR CITY COUNCIL ACTION Submitted by Michael Zambory !� / Department Public Works Date Prepared ' July 11 A979 Backup Material Attached ® Yes No Subject Reimbursement Agreement 79-Dl Approval - Jansvu Properties City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: Statement of Issue: Jansvu Properties seeks the approval of Reimbursement Agreement 79-Dl for construction of a storm drain . Recommendation: Approve the Agreement which establishes a maximum possible reimbursement of $9, 882. 45. Analysis: Jansvu Properties has constructed a storm drain to serve Cameron Street and seeks reimbursement under Section 14 .48. 070 of the City' s Municipal Code. The attached Agreement, No. 79-D1, complies with the Code and sets the maximum possible reimbursement at $9,682.45, Funding Source: Reimbursement will be from Drainage District 3 funds as connection charges are collected. MZ:JS: jy Pao 3/79 A City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT May 29 , 1979 Jansvu Properties, Inc. 18552 MacArthur Blvd. , Suite 440 Irvine, CA. 92715 Attention: Rich Annigoni Gentlemen: I have received the signed reimbursement agreement for con- struction of the storm drain on Cameron Street I am advised by the City Attorney' s office, however, that the document must be signed by two of the corporate officers of Jansvu Properties, Inc. I am enclosing the reimbursement agreement. Please have the agreement signed by the corporate officers and return it to this office so that I may prepare it for transmittal to the City Council for their approval. Very truly yours, Michael Zambory Director of Public Works ohn Whippl Administrative Aide MZ :JWW:mc l Encl. PO City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT May 7 , 1979 Jansvu Propertys ' Inc. 18552 MacArthur Blvd. , Suite 440 Irvine, CA. 92715 Attention : Rich Annigoni Gentlemen: Enclosed please find the reimbursement agreement for the storm drain installed by your company in conjunction with your development at 17592 Cameron Street. If the agreement meets with your satisfaction, please sign and return it to this office so that I may transmit it to the City Council for their approval. Very truly yours, Michael Zambory Director of Public Works John W. Whipple Administrative Aide MZ :JWW:mc Encl. RI..IMBURSEMENT AGREEM1`1NT BETWEEN JANSVU PROPERTYS ' INC. AND THE CITY OF' I1UNTINGTON BEACH FOR CONSTRUCTION OF A STORM DRAIN (79-D1) THIS AGREEMENT entered into by and between the City of Huntington Beach, a municipal corporation , hereinafter for coil- . venience referred to as "CITY" , and Jansvu Pr.opertys ' Incorporated , a California Corporation, hereinafter for convenience referred to " as "BUILDER" . W . T N E S S E T H: Recitals : 1. . . BUILDER, pursuant to agreement with CITY,. has , at his own cost and expense, constructed 309 lineal feet of 36" R.C . P . , hereinafter referred .to as "FACILITIES" , to serve BUILDER' S de- velopment known as 17592 .Cameron Street and adjacent properties . 2 . Said FACILITIES are part of the CITY ' S Master. Plan of (*ir. ainage and have been constructed in conformance with the r)lans rind 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 FACILITIES as provided by CITY ' S Municipal Code , Section 14 . 48 . 070 . WHEREFORE, in consideration of the covenants and agreements herein contained, the parties. hereto agree as follows : Cost of Facilities and .Area Served : BUILDER has constructed at a total cost of $10 , 980 . 50 , a master plan storm drain to serve 17592 Cameron Street and . adjacent 1 . pr:ope.rties . I?:;hibit "A attached hereto and made a part hei:eof , is a map of the area served. BUILDLk 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 Y.10 , 980 . 50 Less 10% per Huntington Beach Municipal Code Section 14 . 48 . 070 (c) 1 , 098 . 05 Net Refundable Amount $ 9 , P:82 . 45 Conditions : Refunds shall. be payable for a period of five (5) years from the date of BUILDER' S application for the .construction . of the drainage facility . Refunds shall not exceed ninety .percent (90%) of construc- tion costs Fees shall be collected , deposited and expended pursuant to Sections 66483 and 66487 of the Government Code of the State of California and all other laws of the State of California . .No refund shall be made by CITY to BUILDER until the Di.rector of Public Works shall certify i-n writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in Drainage District' No. 3 fund to .refund Builder . . 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 drainage fee . If a developer who develops property served by the FACILITIES constructed by BUILDER is required as 2 . a condition of development to construct additional facilities , CITY may allow said - developer credit toward the drainage 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 drainage fee with the CITY prior to or concurrent with development, CITY may enter into an agreement . with said developer- stating that said developer is. obligat:ed , not only to the CITY , but to BUILDER, and to developers who have nr.eviously contributed to the cost of coristtuction 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 agree- ment. In the event this agreement conflicts with or .contradi.cts any CITY ordinances , such ordinances shall prevail. over the terms of this agreement. (Rest of. this page: not used) Ff WITNESS OUR HANDS AND SEALS the day , month and " year. anpearinc�below. Dated this day of �C � f 1.9�_. CITY OF HUN'CI-NGTON BEACH a muni.cinal corporation ATTEST - Mwvor APPROVED AS TO FORM: City Clerk A APPROVED AS PO CONTENT . i y Attorney CitAdministrator INITTX'.�.i'.D AN -APPROVED: Director of ubl.ic Wcr-ks / JAN,"` U T" .0PF,RT� ' S Irr ' � O qM] PI� I DF Tr W.. DANIEL 0' NNOR, SECTY/TREAS . 1 z Q i•il! !;' :!�� ' �l�f r c rt f , ,jf lli 1' •1!?!j � if Ifs � i 7 •ii !:' 117f '?! i 1� • ,;,• i }',:'; :' lii.i;.!: �'� i i1�t ,.;3,tli7,l);.i;: li i1 �lli!)))))ii),j,l))ii l)))))3i,1!),I:ii;:: +:,71,1, iil )))1lliii i 31i:1:1171: lo: ilff:i- i ) .lf 1 I w Tf?QCT i i5 — sc J 0 p�a! 31 T 016 0747i a is i! A rf0 h fl A } U) 08 � l8) 8 2V i1a— •J°' •Te 64 1u7' ':I9' GI' 55 4' /7e' co. ce' -�.'1. U] lQ F c _ r C,4MEROA' — — M STREET /tiJ SJ" .°..o i •te I J ` a .o T B `' 9�i0 t� } .w� ,,._• h A 5. 94-c H O ^' O C `' V 472 Q C) C 10 II :,(e 2 •o "•' , I7°• r O 105 .i�__i ...7I�...! : .,,,,,,i ...... .. . . . .. ifili. .7li.�12317i7i:.iiiF 3i3:i:iifi+ii ii...,3:i,1,..1�i,�l:f3l.1 i.:1Ff.,..1f, .i! i3'i .! ,•, il=_ i 5,,:� 3E C,I r ruronv;aow aEacN etvo:i 3OULEVARD i II;-33 z� W ;II-32 m� i bf nC! 1974 T.R.CT NO. 40$ 41/W 16-31 _•r: '• d!CCK' _- S 167!", 47 ') K. s- OqK nr'Alt! MICIAAR(. 'DECTIONAI DISTRICT MAP 25-5-II CITY OF RUNTINGTON BEACH (MANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP PRozEc-c %..©CA r 10A WARNER - .- AVE z CITY Of fOUNTAIw VALLEY J AMSTERDAY OR _ a Y _ RE MORANDT- DR ` MERSEILLE DR.� -- i POLDER CR - u z 1 u VALENCIA pp fpgSLANO Dp s - J -- GUILD z . z j NOILANh. CF-E AKE VIEW S't- '_) 2 . 0 - AVE SLA+E° �71 -r- - +- z - DR 1 ° .I osu.w w o Y DR ADDLE 1 F L ARROYp AVr ) I l L DR w Q i I Z I- d Z E TALBERT AVE W 111111111111111111111111L111111i1r111111.11111111111Will 11111111111fI11i11111f111111111111111r111llIIr1lllllllllJ�lII1I1IIIIII�11iI�1�IrrIl111�Ji TRACT j Q h O O n O O O 47� c O 1 10 it 13 14 a Y I W _ I � 5� 64' 3' I /Te' El G4' I /4s, GI' sl.44' /PE' co• Ge' t°')30' U) M n CAMERON h M STREET PQ, ' /2E' 65' 64, 1 163.50' c I 2 3 4 5 6 7 8 9r/O � ` o O °nO5 n 1 13 h F_ S. 9 4-9 I H 64' 1 I11 r 9o.c/• nYo� ! t H k ry u h 4 h h I � H V h 3 ""111q� U p u NO. 405 eo• I � I ,p'�' �/rr• 6O• ce.dr '�11l 1 ide 09' ZB.OI' /7B-oi'. 66.T7' b/7I' /dB' /ZB' 74.G6' S3.3t' GI' 9Z' G/sI' J i 1 liiiiiiiiiiiiiiiilnillliiiilillii�lilil11u1111n111111ulrninn1111111rnr1i11nn1111nn1r1111n11n11nn1ii1nn1i111r1ii1 �-- N n BEACH l HUHnrocrON BEACH BLVO. 1 BOULEVARD 0 m-33 W� e y� III-32 my MARCH 1974 TRACT NO. 405 M.M 16-31 NVTE-ASSESSOR S BLOCK 3 ASSESSOR'S /.iAP PARCEL NUAISERS BOOK 167 PAGE 47 SHOWN IN. CIRCLES COUNTY Of ORANGE REIMBURSEMENT AGREEMENT BETWEEN JANSVU PROPERTYS' INC. AND THE CITY OF HUNTINGTON BEACH FOR CONSTRUCTION OF A STORM DRAIN (79-D1) THIS AGREEMENT entered into by and between the City of Huntington Beach, a municipal corporation; hereinafter for con- venience referred to as ."CITY" , and Jansvu Propertys ' Incorporated, a California Corporation, hereinafter for convenience referred to as "BUILDER" : w I T N E S S ,E T H: Recitalsz . 1. BUILDER, pursuant to agreement with CITY, has, at his own cost and expense, constructed 309 lineal feet of 36" R.C.P. , hereinafter referred to as "FACILITIES" , to serve BUILDER'S de- velopment known as 17592 Cameron Street and adjacent properties. 2. Said FACILITIES are part of the CITY'S . MAster Plan of drainage and have been constructed in conformance 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 FACILITIES as provided by CITY'S Municipal Code, Section 14.'48.070. WHEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Cost of Facilities and Area Served: BUILDER has constructed at a total cost of $10,980. 50 , a master plan storm drain to serve 17592 Cameron Street and adjacent 1. properties. Exhibit "'A" , attached hereto 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 $10, 980.50 Less 10$ per Huntington- Beach Municipal Code Section 14 .48. 070 (c). 1,098.05 Net Refundable Amount $ 9 ,682 .45 Conditions: Refunds shall be payable for a period of five (5) years from the date of BUILDER'S application for the construction of the drainage facility. Refunds shall not exceed ninety percent (.90i) of construc- tion costs. Fees shall be collected, deposited and expended pursuant to Sections 66-483 and 66487 .of 'the Government Code of the State of California and all other laws of the State of California. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in Drainage District No. 3 fund to refund Builder. CITY .shall not be liable for payment of. any `refund by reason of its failure to collect or receive froiii any person or entity the drainage fee. If a developer who develops property served by the FACILITIES constructed by BUILDER is required as 2. a condition of development to construct additional facilities, CITY .may allow said developer credit toward the drainage 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 drainage fee .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 agree- ment. in the event this agreement conflicts with or contradicts any CITY ordinances, such ordinances shall prevail over the terms of this agreement. (Rest of this page not used) 3. WITNESS .OUR HANDS AND SEALS the day, month and year appearing below. Dated this day of f 192 CITY OF HUNTINGTON BEACH a municipal corporation ATTEST: Mayor APPROVED AS TO FORM: .City Clerk APPROVED .AS. TO CONTENT: y Attorney Cit Administrator INZ.T D AN APPROVED: .i ector o. blic ks JAN U P OPERT ' S I G P SID NT W. DANIEL OIC NNOR, SECTY/TREAS. 4. T7 1�li1111111l1tii ilii1111i1i liltllitillll ililllliilll.11illlll! iiltl}!1111111111111111iii111l11l1� ll1i11111111 ! !1.Ill;llillli Iililttlll Il _ .05 rR4Cr z L] f 20 c O ~ O , !O - "- 0/ 016 _ 0 iC' o +! 13 is O q �y .O' e O "o .�' V H ai lm� f." � F M — CAMERON w; a STREET = > ;= i •o Ur O +� II o IZ o 64' • ira • aoa:_. ^ _ • ti a ° y + 2 H LP — a ( n w G r 5s _lilt= U NO. 405 F 60 7a 0: •f Z�" ., i�7.' +lG� .'ZJ Z�f: 3!!I" ..fl" .Al' I - �Iili I full iillilliiiliifIllitiiiii III ll.I.il ilIIIIiillli111111 iiiit .si�ii, 1111 tY BEACH I +UVTItv'ON BEACH B.VD. i BOULEVARD a 0 L 33 III-:32 aN MARCH :974 TRACT VO. 405 M.M 16-31 .i:;CK i � MINAE!r, STMIK bixAN DECTIONAI DISTRICT MAP 25-5-11 �j CITY OF 14 UNTINGTON BEACH ORANGE COUNTY, CALIFO11NIA USE OF PROPERTY MAP PRO XECT L-O C-Ar kOTA WARNER. AVE uTr - —t CK IOONT�IN v.ttET O - •45T EPD�4 pw N cn � NI YB—OT on prY,l��sm,jC ��DP a ---' M1 opl DC� CA / ..t CN C.• OR rq fSL:ND _ _ Da. .l 1DE_. iIl__I -� trR Dw NOLLa Np -� .��.. �� - I C r 'E 5t..�o - OF --- - I __ - I1 I Y r i i �, TIfI JE41N DR �. 1 Ci am+prp IT . .1 J�1w AVE t I ,v REIMBURSEMENT AGREEMENT BETWEEN JANSVU PROPERTYS ' INC. AND THE CITY OF HUNTINGTON BEACH FOR CONSTRUCTION OF A STORM DRAIN (79-D1) THIS AGREEMENT entered into by and between the City of Huntington Beach, a municipal corporation, hereinafter for con- venience referred to as "CITY" , and Jansvu Propertys ' Incorporated, a California Corporation, 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 309 lineal feet of 36" R.C.P. , hereinafter referred to as "FACILITIES" , to serve BUILDER' S de- velopment known as 17592 Cameron Street and adjacent properties . 2. Said FACILITIES are part of the CITY' S Master Plan of drainage and have been constructed in conformance 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 FACILITIES as provided by CITY ' S Municipal Code, Section 14 . 48 . 070 . WHEREFORE, inconsideration of the covenants and agreements herein contained, the parties hereto agree as follows : Cost of Facilities and Area Served : BUILDER has constructed at a total cost of. $10 , 980 . 50 , a master plan storm drain to serve 17592 Cameron Street and adjacent 1. properties. Exhibit "A" , attached hereto 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 $10 ,980 . 50 Less 10% per Huntington Beach Municipal Code Section 14 . 48 . 070 (c) 1 ,098 . 05 Net Refundable Amount $ 9 , 882 . 45 Conditions : Refunds shall be payable for a period of five (5) years from the date of BUILDER' S application for the construction of the drainage facility. Refunds shall not exceed ninety percent (900) of construc- tion costs. Fees shall be collected, deposited and expended pursuant .to Sections 66483 and 66487 of the Government Code of the State of California and all other laws of the State of California. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in Drainage District No. 3 fund to refund Builder. 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 drainage fee. If a developer who develops property served by the FACILITIES constructed by BUILDER is required as 2. a condition of development. to construct additional facilities , CITY may allow said developer credit toward the drainage 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 drainage fee 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 agree- ment. In the event this agreement conflicts with or contradicts any CITY ordinances , such ordinances shall prevail over the terms of this agreement. (_Rest of this page not used) 3 . WITNESS OUR HANDS AND SEALS the day, month and year appearing below. Dated this day of 19 CITY OF HUNTINGTON BEACH a municipal corporation ATTEST : Mavor APPROVED AS TO FORM: City Clerk APPROVED AS TO CONTENT: City Attorney City Administrator INITIATED AND APPROVED: Director of Public Works JANSVU PROPERTY' S INC. 4. IIIItl011 I�lillllllllll lillilllllil llillllillil II111111 iltll lillllilllll 11111111111i111 Illllllllill III111111111111 �TRACT I — J (D 471 O to q n 13 a la ' a M q m I ^ U) 4o O I 12 I8 19 = pW Ile'ree 6/' U) W F, I ize' .re' c�' I ��e' cr sl.�i• .+e' co' 6e' ,,Sze 1 so' R >+ W CAMERON M STREET — pa f ; — ite' el' /29' •• %re' 7466' 51.11' — 0 7e..o /21' 65• Ls' I 165.50, ' / 1 3 4 5 6 7 8 9 /O U. ` — o O o m O n° I 13 = � a r� R S. 94-9 I .e H fn s O W W e ! O of O ' O ti ` 472 R O O 10 II a 6e ize• Sou — H 0 N tiff o 2 � NO. 405 15 b Z ec _ •fe 09' /7e pr' .fie,of s6.17' 6174 /rB' /Ze' 74.c6' 339/' 6e' X' I 41."' ��T11{IIIII11111{III111{!!lliftll{IIIIlIltllllllllllll111111111lIIlIItIII{II{Illtlilltiilllllllll{IIIlilllillllliilllllllll 1111 Cli l�s!{l11TI J BEACH r HUNT/.Y670N 8E4CH SLV0. i BOULEVARD h C 111 33 e III-32 m� h J MARCH 1974 TRACT NO. 405 M.M. /6-31 iF ASSFSI;0^; PIOCK 3 A.�SE s,��'S :.•.AP e PcP.(7E' .i',;Ai-c`RS soot:167 P: 47 SH ".'✓N I.- CiRCLLS CCUNTY OF Or':.rt;'_ •4. i CITY ATTORNEY ASSIGNMENT CONTROL (Hattbe) 1 /79 From Dept./Council P 'ti • Rec. 4�10 Council Ref. No. Due — ((•� ' ��ws�� _ Ass4rgned T0: „C •l' Subject: en nrp Peimh•t cement Aeree , ent -- Jansvu Property' s Inc . _ Remarks: Date: •— ,' Agenda Date: Council Action Background: — _ c�`r' (C1 l/��i r �Z.�7 Completed Date: _—i_ 1opies/Replies `Rout/eId To: ir—lA—.�. �_.. �'ti'^ A/ 4h�.r'-r� C 1...-;-ki, � A e'i f, ------- -- -, J r�� � •�t...•r (._ � �-t,�..� �?`�1.1�.•'� Yf Res./Ord. No.: �ditio nal Actio Completed File No. t ' _ % . • r 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Attorney From H. E. Hartge Subject Reimbursement Agreement Date April 6, 1979 Please prepare a reimbursement agreement on behalf of Jansvu Propertys' Inc. per the. attached letter and backup material. We would like to get this on the agenda for May 7. Therefore, we will need it by April 23 in order to get it signed and an RCA prepared. If you have any questions, please contact John Whipple. H. E. Hartge Director of Public Works HEH: jy Attach. 0� HU N Tj,VC�o APR .10 19?9 q_'ORNV CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To City Attorney From H. E. Hartge Subject Reimbursement Agreement Date April 6, 1979 Please prepare a reimbursement agreement on behalf of Jansvu Propertys' Inc. per the attached letter and backup material. We would like to get this on the agenda for May 7 . Therefore, we will need it .by April 23 in order to get it signed and an RCA prepared. If you have any questions, please contact John Whipple. // H. E. Hartge Director of Public Works HEH: jy Attach. - I Jansuu Propertyss?nc, 18552 MAC ARTHUR BLVD. SUITE 440 IRVINE, CALIFORNIA 92715 (714) 752-1515 April 3, 1979 R E E � V E DEPT. OF PUBLIC WORKS APR 0 41979 Mr. H.E. (Bill) Hartge Director of Public Works City of Huntington Beach HUNTINGTON BEACH, CALIF. 2000 Main Street Huntington Beach, California 92648 Re: 17592 Cameron Street Storm Drain Reimbursement Dear Bill: With reference to our conversation yesterday regarding our property at'-17592 Cameron Street,'I am pleased to submit to you the following information: In retrospect, Jansvu was approved to construct an eight unit apartment building with the issuance of Conditional Exception No. 77-4 (In Conj ./UP 77=6) on February 2, 1977. The greatest delay towards the commencement of construction was --the City' s requirement that we construct a storm drain in excess of our surface requirement to meet the City' s future Master Plan Storm Drain System. At that time we were informed that there were no funds in Drainage District #3 and should we want to further our construction desires we would have to temporarily front the costs for the storm drain. As you know, we were subject to tremendous costs both in the street and onsite construction to satisfy the drainage to manage the 25 cubic feet per second sheet flow from Slater to Huntington Intercommunity Hospital - the center line of Beach to rush across our property. This cost we endured, unwillingly I might add. We were also informed by Mr. Jerry Ellstrom that we could only- recapture 90% of our costs should funds become available within five years, after -the five year .period there would be no reimbursement. It now appears that there is a contractor tearing up the sidewalk and street concrete to tie into our 36" storm drain. We completed construction of the storm drain in July, 1977 and should be entitled to the reimbursement as it is within the -five year period. As we discussed yesterday, John 'Whipple is unable to locate a reimbursement agreement for these charges. - -I recall seeing the form but can't recollect if the City ever -completed the agreement or just neglected to process the correct paper work. In any event, RESIDENTIAL REAL ESTATE DEVELOPMENT Page Two •'� Mr. H.E. (Bill) Hazcge Director of Public Works City of Huntington Beach April 3, 1979 I discussed the situation with Mr. Jim Palin of the Board of Zoning Adjustments and he feels, without a doubt, that we are entitled to a reimbursement. I have enclosed copies of the minutes for conditions of approval dated February 2, 1977 together with other communication to the City of Huntington Beach, a copy of our contract .with James Valoff for construction of the storm drain together with a copy of his paid invoice in the amount of $10, 980.50, copies of alternate bids for this work in the amount of $11,124 . 00 and $13,040. 00 and Specification Certificate from Hydro Conduit Corporation verifying installation of the pipe. . In addition, Jansvu paid $1,495. 35 to the City of Huntington Beach for drainage fees. Our total expenses; for.installation -of ..the' storm. drain-amounted to $12',:475. 85. Bill, after review of this information I am sure you will agree that we are entitled to a reimbursement of these expenses. Please give this matter your expeditious attention and if. I: can be of further assistance please do not hesitate to contact me at our offices in Irvine. Thank you for your kind attention with regards to this request. Sincerely, J N VU RO ERTYS' INC. Annigoni President RA:pr Jdtsvu Prapertys'?nc, 18552 MAC ARTHUR BLVD. SUITE 440 IRVINE, CALIFORNIA 92715 (714) 752-1515 April 3,. 1979 . F J C_Pti.. o� PU3_;^..VV0RK: Mr. H.E. (Bill) Hartge Director of Public Works City of Huntington Beach HUNTINGTON BEACH. CALIF. 2000 Main Street Huntington Beach, California 92648 Re: 17592 Cameron Street Storm Drain Reimbursement Dear Bill: With reference to our conversation yesterday regarding our property at 17592 Cameron Street, I am pleased to submit to you the following information: In retrospect, Jansvu was approved to construct an eight unit apartment building with the issuance of Conditional Exception No. 77-4 (In Conj ./UP 77=6) on February 2, 1977. The greatest delay towards the commencement of construction was the City' s requirement that we construct a storm drain in excess of our surface requirement to meet the City' s future Master Plan Storm Drain System. At that time we were informed that there were no funds in Drainage District #3 and should we want to further our construction desires we would have to temporarily front the costs for the storm drain. As you know, we were subject to tremendous costs both in the street and onsite construction to satisfy the drainage to manage the 25 cubic feet per second sheet flow from Slater to Huntington Intercommunity Hospital - the center line of Beach to rush across our property. This cost we endured, unwillingly I might add. We were also informed by Mr. Jerry Ellstrom that we could only recapture 90% of our costs should funds become available within five years, after the five year period there would be no reimbursement. It now appears that there is a contractor tearing up the sidewalk and street concrete to tie into our 36" storm drain. We completed construction of the storm drain in July, 1977 and should be entitled to the reimbursement as it is within the five year period. As we discussed yesterday, John Whipple is unable to locate a reimbursement agreement for these charges. I recall seeing the form but can' t recollect if the City ever completed the agreement or just neglected to process the correct paper work. In any event, RESIDENTIAL REAL ESTATE DEVELOPMENT i Page Two Mr. H.E. (Bill) Hartge Director of Public Works' ' City of Huntington Beach April 3, 1979 I discussed the situation with Mr. Jim Palin of the Board of Zoning Adjustments and he feels, without a doubt, that we are entitled to a reimbursement. I have enclosed copies of the minutes for conditions of approval dated February 2, 1977 together with other communication to the City* of Huntington Beach, a copy of our contract with James Valoff for construction of the storm drain together with a copy of his paid invoice in the amount of $10, 980 . 50, copies of alternate bids for this work in the amount of $11,124 . 00 and $13 ,040. 00 and Specification Certificate from Hydro Conduit Corporation verifying installation . of the pipe. In addition, Jansvu paid $1 ,495. 35 to the City of Huntington Beach for drainage fees. Our total expenses for installation of the storm drain amounted to $12,475 . 85 . Bill, after review of this information I am sure you will f agree that we are entitled to a reimbursement of these expenses. Please give this matter your expeditious attention and if I can be of further assistance please do not hesitate to contact me at our offices in Irvine. Thank you for your kind attention with regards to this request. r Sincerely, J N VU RO ERTYS ' INC. �L 1 'i - Annigoni President RA:pr c r t SUBCONTRACT +This subcontract is made 5-20 19 77 , between JANSVU PROPERTYS' INC. (called "Contractor" herein), whose State License Number is 6315959_, and whose address is _ 18552 MACARTHUR BLVD. IRVINE, CA _ Icalled"Sub" herein),whose address is JAMES _V_ALOEE-17942_1iUTON—P—L._J A-926.8.0____. , and.whose State License Number is281686 with reference to job site described as: 20 UNIT 7692 CAMERON_ HUNTINGTON BEACH, CA _ _ 1.Work Description & Time: Sub will furnish all labor; material, fixtures and equipment to construct in a good and tvoikmanhk:; manner: 309 FT. OF RCP, CAPPED BOTH ENDS, INSTALLED PER PLANS AND TO BE DONE ACCORDING TO SPECIFICATIONS SET F cTON BEACH. IF SAND NEEDED, COST 5.25 TON, IF ROCK NEEDED 6.00 TON. CONTRACT DOESNOT TNCLU! ROCK EXCAVATION OR DIRT REMOVAL, Contractor will furnish the following (None, unless ezpresr:y set forth): SOILS REPORTS APPROVED PLANS, Sub will complete all work hereunder within 20 clays (weekends, Federal & State holidays excepted) from the date of notice to commence (Reference Par.9). UPON RECEIPT OF MATERIALS BY SUB, 2. Payment: Contractor will pay Sul) the total stein of S 91,615.50 _ in installments as follows, based on work actually completed and materials, fixtures and equipment.actually installed and for which Contractor has been paid by avner or construction lender, less 10%retention: The 10%retention shall be paid 35 days after Sub completes full performance hereunder (including pick-up and correction work).Provided hotvevs. if Contractor receives any information that Contractor in good faith believes might indicate possible existing or potential lien or stop notice claims for unpaid obligations of Sub,Contractor may retain the 1036 retention until expiration of the lien and stop notice period and all such bens or stop notice:, have been paid or otherwise remover). As a condition precedent to any payment hereunder, Suit shall,at least 10 business days in advance Of payment dale,furnish to Contractor full and valid Affidavit of Payments,and Releases and Waivers of Liens on forms furnished by Contractor land constructior"ender if any),dated not before the last day of any requested payment period, and covering all laborers, subcontractors and material suppliers who have performed work or suppli^cl materials,fixtures or equipment to or under Sub. Payments may be made by voucher, check,and/or joint rh,:ck at the election of Conirfctur.All sum; received by Sub pursuant to this agreement are receiver)by Sub in trust for full payment of all lahor,materials,fixtures and equepmr.ni furnrshl:cl or userl in performance hereof, and all applicable taxes, rompensatiun msmanc:: premiums, and fringe benefit payments. No title to any payment or portion thereof,shall vest in sub or be used for any other purpose until the same have been paid in full. No payment made to Sub shall be construed as acceptance or approval of any part of the work,nor as a waiver of any remedy of Contractor,wheather known or unknown at the time of payment. 3.Labor & Supervision:Sub shall employ and provide competent workmen in sufficient*number, with competent and sufficient supervision, to insure the orderly and timely prbgress and completion of the job. If Contractor, :n its discretion,clecros the quality or workmen or supervision def:r-irnt, and Sub fails to correct such difficiency within 48 hours of notice thereof from Contractor,Contractor may proceed without further notice in accordance •with Par,8 hereof, The failure of Contractor to give notice as provided herein shall not be de_emrd a waiver of its right to exercise this remedy at a later date. for the same Or any different deficinecy,nor if its right to recover damages or pursue any other remedy available at law.or equity. ~ 4.Mate►ieis,•Fiidbres&Equipment: A:I materiel,fixturr;and egmrrncnt furni=hod 1:•:Suh shall he of hest g,rrlr•and quality. 5.Tools& Equipment:Sub will provide sufficient quality and quantity of tools and equipment for performance of the job.I!Sub uses any tools or equipment of Contractor,wheather by loan or rental,Sub takes the same in an "as is"condition and agrees to thoroughly inspect the same prior to use. With respect to such tools and equipment of Contractor,Sub agrees to assume all responsibility and risk for,and save Contractor harmless frum all loss of or damage to such tools and equipment,and all.injury to any persons or damage to any property resulting from use of condition of same. 6.Compliance With Requirements:Sub will, at its sole expense: a-sure that all work,lahor,malrrials,fixtures and equipment is in strict conformity with plans and specifications; provide its own shop drar,rings,detail and layouts conlornnng to plans,specifications anfl public burly rrnu;n:wants;Obtain necessary permits; maintain its State Contractor's License in effect, and, comply with all laws, regulations of any public body or representative. thereof. Any deviation from the required materials, fixtures, equipment or method of work that is clesircd by Sub shall require advance written authorization by Contractor,and if deviation is authorized;Sub warrants that the authorized deviation will achieve equal or better performance standards. 7.Modifications:Contractor may at any time during progress hereunder make written order for deviations,additions or omiscions from Or to the: work, material, fixtures and equipment required hereunder,and all the terms of this subcoqntract shall apply with like effect to the same. All orders for or authorization of modifications must he in writing signed on bahaff of Contractor by JQnSVu , or the person designated by him in writing as authorized to sign on behalf of Contractor.No other person is authorized to make or allow modifications.All modifications shall be deemed to be within the contract price and time for performance unless, and only to the extent, expressly.provided to the contrary in the written order or authorization for such modification. If Sub contends that any work or materials furnished should be paid for as extra work.Sub must give Contractor a written notice-to that effect within /0 days after the work or materials in question are furnished. Otherv.ise, it v.,01 be concduslvely p:esurned that Ihr.Contractor and Sub have agreed that such work or materials are within the scope of the original rnntr.!ct and that no adr!rftonal compt:nsotion will lira p•tid. 8. Default: If Sub becomes bankrupt, insolvent or rnaKrs an assignment for henefit of creditors; or fails to cotnme:nee,progress or eomnlete timray performance required hereunder; or fails to perform any oblin;:tion ii-cmired of Sub herein,or perforfns any act prohibited hereunder:and falls to remedy the deficiency within 48 hours (work holidays excluded)after tvtitten notice by Contractor,Contractor may at Its option proceed as follo:vs: A.Without terminating this agreement or the ohligiiion of Still h1eteuncder as to all viork to be pr7rfermed,Cott;roc:tor may perform such pr; t o•t 0, work required hereunder, or may furnish any material, equipment, or ether item required hereunder, as Contraclor,.in its sole cltscre,,o•-, rr.;•; dram necessary to avoid delay in the progress of the work; and, in connection ihen:tnth,Contractor may perform such work,or any portion Ih,•r:-0f, tself or have the same performed by others,and Contractor may procure :env necessary materials,equipment or other items required for the corn:^o_d progress of the work. The cost of such work or materials cr other items she!! he d9tfuct•:d Lrwn the contract price,and,in the event such cost exceec6 the balance due Sub.such excess shall immediately hr due and fr.;rat Sub Ira COntractur;ui B.Terminate Sub's right to enter onto the job site u""l;ill flit r•:mgval of Sub's tools and rqutpment; cause the: job covered by this agree:mc^t to he _cI11Iplet�d,eith.r.rbrpedv by Contractor or by other subconitacinr or subcontractors:take possession of and install materials,lixtures and equ:timent On the site; and, deduct from the, contract price hefrn, all cu:.i-•. , •f...........and i„rnrn!.Inrinn of rho job covered by this an,,::ment,anti all costs, expenses and damages incurred by reason of Sub's failure to oerform or rl•:Iays in6fl4nt therein. In the event said costs,cxpen•,.-% •wtl d:u n.t+;:•5 exceed the contract price herein,Sub shall pay to Contractor on demand such excess. No arnount shall be payable to Sub until all such costs,expenses and damages have been determined by Contractor. The fat 'Iure of Contractor to exe•cise its rights hereunder shall not be deemed a waiver of its right'to exercise this remedy at a later date for th•_,same or any different deficiency, nor of its right to recover damag-:s or pursue any other remedy available at law or equity.The options!liven Confdctor shall not he deemed limitations upon Contractor's other remedies piovifltrd by law or rrluity. Sub tecognizes that its failure to lxrform and deays incident thc:eto may: place Contractors❑t an unfavoralAe position with respect costs and expenses to complete the job herein,cause Contractor to Iv!exposed to liability to other parties for delays;and,cause Contractor to incur additional interest and Other financing chaig,:s atld other co-;is of the Proj,:ct as o whole. 9.Commencement and Performance Time; Contloctor twill nolify Sub to commence wnrk by a certain commencrmpnt deadline date.Th•.- deadhn,: date shall be at least 48 hours alter the notice i; tliv,•n. When livlmi It,-!.noun•,Cnntiarior may also specify tb,il vank shall nut rnntnienc,:carh••r than a certain gate. Contractor's notice to commenrr may he rgw-ti utolly, provided however, Cuntiaclor shall within it reasonabte: time send a vnitlen eonlirmatlon (the effective date of an oral notice ;hail he Ihr• Inn,•ol.dly give 1).`.:;n:,c::n Coll! I),.-I t^olh by thu curnm•:ncrsnn:nl deadintn d.un and will 'proceed continuously and diligently with perfofniancf: in acrurd,inc:e voith Cunliawot's time schedule, and will nt tin way inttrflere with nor tl^.lay the: work of Contractor or other subcontractors,and will cnnplel. ill any ai.d all woofs tvnhin the time specified nt Par.-I.No work shall he Toni m ic-A,nor materials, lixturr.s or etluipmfant Ili!Ili! placed at the site;by or at this older OI Sub,pe:t•n to Ihr,notice of commenv: bunt Contractor.Tlm!•f:;of the essence: in performance by Sub ant dr.lays in pi:rlormance%hail hr rxru•.tvl only when:catv;r•tl by arts of (;,.)if,gene,al slrtkt••.,or a,:l of flit-Cuofrlcf,t.. If anything occurs that Sub immirk in msf•rl as ar, ,:rfau•,rable• d1•I.Iy, ;;lib 01a01 nut:ly Conttaclr+r gI wftunq ),1 lutufs aftet the ocunn•nfe ,uul iliac therein the asserfetl eausr for excused delay. No d+•lay .hall b• e +ru•,rd .v:tb'eut such Ifnu:ly lour:,-. 11 Still is pie wvltrd burn lr•rinnn:race'.n: fhr•ry r,.f reasonable liklihood Ihaf Still will be pflwented bons pgrl9f n:.:gf:e•,by reason of a fp•nefal strike:or 011wi,labor rltsputi:nut callse:d by action rr, rttar•Lrt•r of Sub in.violation of applicable union n'gnireotems, fur in cxc •.:,of b tv„rkiiig d.r;:..Cunuaclor nt,:y,at it,;sole npuun,wrnun;cte:tills eontfaci by v:f,I:cn notice to Sub,and discharge all.crinwictor's ublituitimit; hoiinmd:'t by paym:afl In :;rib nl an anunufl equal In tb••actual cost In Sob nl Idbur p,:rtnrnn•rl ' and materials, fixfun:s and erteliprnrnt im,fafted, pro., 10"".of ...tttl anir,unt, of Ibis olftiun ancf such fl.fynu•rtI -.)?.)If nut b•:r waiver of any ar.nnn Contractor may have against Still for Inrarh or this,ill:"fanenr•lnnvtlII'd Itftw,•Vdr Ihr htlltfle by Sub In petfurtn by reaswt of'Uoneral'strike lit other labor dispute not caused by action or inaction of Sub shall tiul be dr::Ilird a bn•ach by Sub. dent Investigation:Sub has independently satisfied itself of the condrlions,avarlabilily of ulllitirs,labor,material,fixtures and etµupnlenl, ntar1.1, that may affect Sub's costs, proyrrss or performance henuniler, and is not relying upon any represenlatioit of or in(onnation Contractor or Owner not expressly set forth herein.Any information fmni-bIwd by Cuntiarlor or Owmor is expressly without warranly,does inif..j dent investigation, and absent intentional fraud by Contractor, Its incunectness shall not excuse performance by Sub nor provde a action against Contractor. Prompt Payment of Claims:Sub will promptly pay all claims for lbbor (Including applicable union payments►,fixtures and equipment furnished to t the order of Sub,and will cause immediate removal of any mechanic's tier or stop notice:li ad to secure said claims.If Sub fails to cause. th^removal lereof within 10 days after 11otice,Contractor is authorized to cause the removal thereof by whatcvr r ttlew115 11(Igerrl5 a(IVISL'Bble,including full payment of the claim,and all costs incurred,including reasonable attorney's fees,shall be 1111inedtald'Iy fill:a111I lAly:rl)h'Iron Sub In Contractor. 12.Bond:Conitactor has the right, at any little, to requite Sub to furnish a 1•ulhlul p:rforinan,.e build will it labor and malvir,d bunt, n) anurunt. designated by Contractor,executed by a corporate surety authorized)to do business m Califurina.Contlar.tur will pay directly to the bonding coml,ally an amount equal to the normal and customary premium for such bond or bond-;,but Will nil br:n:(IL1111 d to pay any amount in excess thereof atlrthutable to a high risk taring of Sub.Sub represents that it now has,and agrees that it will conlmue to tnamunn,sufficient bonding capacity to obtain such bonds, and if Sub cannot deliver the subject bond or bonds within 5 business days after written demand, it shall be deemed a failure of performance and Contractor may exercise the remedies provided in Par.8. 13.Risk of loss:Sub shall br: responsible for and assumes all risk of loss of or darnage to tools and equipment used or to be used in performance: hereof,and materials,fixtures and equipment until the some are permanently instalhvl ur or affixe-d to the work of improvement,resulting from any cause including but not limited to theft,vandalism,weather,casualty,negligence,or any other cird.umslanr:es,and Contractor will not under any circumstances be liable to Sub for such loss or damage.Storage and safety precautions shall be the responsibility of Sub. 14.Clean Up:Sul)will at all times keep,and upon completion leave, the premises in a safe condition and free from waste or surplus materials that could be a hazard to persons or property. 15.Indemnity and Insurance:Subcontractor`shall-indemnify alyd SJVC CUl1tIJCtUl ;wd Cntttrarumt,;agents and employees(hereafter referred to to this Section as "indemnitees") harmless against all claims for damages to persons (including employees of subcontractor) and property-arising uul of subcontractor's execution of the work or materials,fixtures and equipment covered by this contracT,or tools or equipment used in connection therewith, and any and all costs,expenses,attorney's fees and liability incurred by said in(Niniltn:es in defending against such claims,whether the same proceed to judgment or not. Subcontractor shall indemnify and save said indemnitees harmless against all clatltl)described in the preceding sentence,even though a proximate cause of said damages may he the active and/or passive negligence of any or all of said Incl,:lnnitees,or any active and/or passive negligence that is imputed to any of them (excluding only such damages as arise from the sole neglirnce or Willful misconduct of the Indemnitee, or Indemnutee's agents,servants or independent contractors who are directly respunsible to Indummiec).Subcontractor at his own expense agrees upon written n;clues:by any Of said indemnitees to defend any such suitor action brought against any of them, fit the piu,-:cution of any successful claim or suit brought by said indemnitees for the enforcement of this contract,or any of the monetary or other obligations of said indemnitees hereunder,subcontractor agrees to pay them any reasonable attorney's fees and any costs of suit incorrect by said indemnitees. Subcontractor shall not commence work under this contract until he has obt:wn:d all in-;mar,ce required hereunder in a company or companies acceptable to contractor.Subcontractor shall take out and maintain at all times dining the fife of this contract the following policies of insurance,which will provide primary insurance'coverage, as to which any insurance obtained by contractor that may indemnify contractor for the same risk(s)shall be excess insurance:: A.Public liability and property damage; on account of bodily injuries including death restihm-1 therefrom, in the sum of not less than five hundred thousand dollars (S500,000),and property damage in the sum of two hundred bfly Thousand dollars ($250,000)resulting from any one occurrence which may arise from the operations of subcontractor in performing the work provided for hcn:in. B.Contractual coverage; for liabilities of subcontractor assumed by this contract in the Burn of nut less than five hundred thousand dollars(S500,000) for bodily injury and two hundred thousand dollars(S250,000) for property damage. C. Full and unlimited Workmen's Compensation insurance. Subcontractor agrees that on all policies of insurance he obtains as required by Paragraph t of This Section contractor shall be named as an additional insured,and that he will provide contractor with a complete and valid certificate of each ittsurunce pulrcy he obtains as required by this contract. 16.O.S.H.A. Compliance: The Subcontractor shall comply in every respect with the Williarn,Steiger Occupational Safety and Health Act of 1970 and all rules and regulations now or hereafter in effect under said Act,and the Subcontractor further agrees to comply with any and all applicable State laws and regulations pertaining to job safety and health. The Subcontractor shall protect and keep Owner and General Contractor (including their arlertts and employees) free and harmless from any and all liability, public.or private, penalties, contractual or otherwise., losses, damages, costs, attcTirrcy', fees, expenses, causes of action, claims of judgments resulting from a.claimed violation of the Williams-Steiger Occupational Safety and 11--aflh Act ul 1910 or any rule of regulation promulgated thereunder or of any,State:laws or regulations pertaining to job safety and health arising out of or in any way connected with the performance of work to be p^rformed'under this subcontract,and Subcontractor shall indemnify Owner and General Contractor from any such claims, penalties, suits or actions,. public or private;administrative or judicial,including-etturneys'•faes paid or incurred by cr un buhJlf of the Own.?r and/or the.General Contractor,jointly or severally,and/or their agents and employees. Subcontractor further agrees in the event of a claimed violation of any federal or,fate safety;ind health law or regulation arising out of or in any way connected with the performance of work or work to be j..)erformed under this subcontract• thu Owner and/or General Contractor may immecliately take whatever action is deemed necessary by Owner and/or Contractor to remedy the claimed viuLuion. Any and all costs or expenses paid or incurred by Owner and/or General Contractor in taking such action shall be borne by Subcunuactur, and Subcomractur agrees to protect, hold harmless, and indemnify Owner and/or General Contractor against any and all such costs or expunses. . 17. Guarantee:Sub guarantees,without limitation, the quality and fitness of all work perfurnrud and materials, fixtures and equipment furnished in performance of this contract,and will be responsible for all damages and injuries resulting directly or indirectly from defects therein. 18.Cancellation Rights: Performance of this contract depends upon the ability of Contiaciot and Owner to obtain satisfactory financing,zonnlg and building permits. If, after good faith efforts, such are not obtained,and job is not commenced, the Contractor shall have the right to cancel this contract at any time within 90 days from the date of execution hereof. 19.Transfer: Sub will not assign its,rights nor subcontractor nor delegate its duties hereunder without the express prior written consent of Contractor. 20.Notices: Notices required or permitted relating to this agreement shall be in writing,and may be served personally,by mail,or by telegram to the address of the party as set forth herein or as subsequently changed by written notice.Notices served by mail are deemed received 24 hours after posting in the U.S.Mail,postage. prepaid. 21.Disputes: 11 any dispute should arise between the parties,Sub shall neverdwit•;s pruc(,-ud to perform the work,unless directed to the contrary by Cunttactur, pending settlement of the dispute. Any controversy arising of this agreement shalt Ire cieterimped by arbitration in accordance tvrdt the Commerical Rules of the American Arbitration Association in effect at the time of arbitration,and judgment upon the award rendered may be entered in any Court having jurisdiction thereof.Provided howeJer,if Contractor finds it necuss0ry to 1x01ecule or delned a court action involving a party or parties not subject to compulsory arbitration,then Colt.traetor.may elect to have any related controversy with Sub determined in such court action. 22.If e.0wr party becomes involved in litigation or arbitration arising out Of this Subcontract or the performance thereof,the court in such litigation (or arbiters in such arbitration)or in a separate suit,shall award attorneys'fees to thr;justly entitled party. 23.Agreement Complete: This agreement is complete and no agreement or representation nut expressly set forth herein shall have any effect unless reduced to written modification hereof. DATE MAY 20 1977 CONTRACT PROPERTYS' INC. SUB JAMES VALOFF By By NOTE: Each petson signing this agreement does thereby individuall warrant his authority execute the same on behalf of, Contractor or Sub,respectively,as a cluly authorjzed agent. GUARANTEE OF SUB: The undersigned does hereby personally guarantee 1)(:1 lurmance of each and every obligation of Sub herein. SUBCONTRACT This subcontract is made 5-20 19 77_, between JANSVU PROPERTYS INC._ (called "Contractor" herein), whose State License Numbhr is B315959 , ;Ind whn•,e ;tlltlri!SS is - 1r8552 MACARTHUR_BLVD. IRVINECA- (called•'Sub'•herein),whose address is -_LAMES_. VALQFE-17942 WEST_ON_P1_._.TU-S_TJR ._CA-92680._-_ .and whose State License Numhor i;281686 yy;ll, ret( Ienr-e lu job sill:dl s(ribed a�: _20 .UNIT=-_D692 CAMERON___ HUNTINGTON BEACH,_CA -' -- _- -- _---- _--_- 1.Work Description & Time: Sub will furnish all labor; material, fixtures and equipment in construct in a good and :welkin nlik manner: 309 FT. OF RCP, CAPPED BOTH ENDS, INSTALLED PER PLANS AND TO BE DONE ACCORDING TO SPECIFICATION ET FQRTH B1L THE_CIIX OF H1UN_UNG_T_Q�LJ3_EACH_,_IF_ SAND NEEDED, COST 5. 25 TONTIF-RQCK l_-CONIR CST _"1_ ILLCLU ROCK . EXCAVATION OR - DIRT REMOVAL. _ Contractor will furnish the following (None, unllas exprf:sr:y set forth): SOIL-5—REPQRT_,_..APPROVED--ELANS-i__-. Sub will complete all work hereunder within^_ _ 20 _.clays (weekends, Federal & State holidays exce )ted) from this date of notice to commence (Reference Par. 9). UPON RECEIPT OF MATERIALS BY SUB 2. Payment: Contractor will pay Sub the`101;11 sum of S __9,-615. 50 _ in installments as follows, basal on lvork actually completed and materials, fixtures and equipment actually installed and for which Contrartor has been paid by a•mer or construction lender, less 1010 retention: The 100o retention shall be paid 35 days after Suh compl,:b's full oerformance hereunder (including pick up and correction wo(kl.Provirl••r1 if Contractor receives any information that Convertor in good f,wil, helievC, might indicate possihl r-xistinil or powot)al hen Or stop nr:tirc r.ln,ins !nr unpaid obligations of Sub, Contractor may retain tivr to'::, n•Ienfion until expilatioo of the lien and slop notice{(':nod and all such liens or stop noh0• have been paid or otherwise removed. As a condition precedent to any Niymeni h^reunder, Still shall, at least 10 hii6ness days in advance of payment dale,furnish to Contrat::Or Itlll.jrid valid Affidavit Of Payments, and flefeases and ItNaiveis of Liens on forms furni;l,ed by Contractor land eonslr tic!lon-1,,rder if any!,duel •u,t !,••fore tho last day of any requCsted payment p^riocl, and rrv(,-linfI all 1.6orers, suhrootfactors and matt:(gal supf)IIrrS viho have performed v.ror> or supolr:(I materials, fixtures or equipment to or under Still. P,iymenis Wray h•: mad+: by vonrher, check,and/or joint r.heck :r Ili•`0e0il,o 0! Cnn:l..Clur All stem• received by Sub pursuant to this agreernrnt are rrcviw•rl liy:;ull m mist lot bull pi:ivinont of all lahor,nlatcnals,Iielul,•.and c(lili!,Inrnt fur,Ir:h II n us^rl in performance hereof, and all applirahle laxtY;, vooip,vnS:Nl,pi In•.ur,un'i• in-lolom•. and flnlgn b,:nhl pdynu•nls. No title to any [).ryrn....I r,, llorwm thereof,shall vest in sub or he usr(I for any other pulpu;c onlif Ihr:•,:roe hav^h^•'n p:ii d in full. { No payment made to Sul)shall he construed as acceptance or approval of ainy peal of the work,nor as a waiver of any remedy of Contracit:t,wheathc•r known or unknown at the time of payment. 3. Labor & Supervision: Sub shall employ and provide conip^lent wnkint:n in sufficient number, with con)petrni and sufficient •.i:p :•;;;iry , v, f insure the orderly and timely progioss and complo ion of till:jot), If Conllaclot.In its discretion,(1-TITls the quality or workmen o, superv,-•tor,d.:!.rr•Iii i and Sub fails to correct such difficieney within 48 hours of notice thereof from Contractor,Contractor may proceed without further nntire in accordant'^ i with Par.8 hereof. The failure of Contractor to give notice as provid(`d hr.rein slf:ill tint fir dcrnled a waiver of its right to ext`rcisi: Iles remedy of a later date for the same 4 or any different deficinecy,nor if its right to recover flamagcs or pur.tic any olio:t rc'nwdy availah;e at law or Inluity. 4.Materials, Fixtures& Equipmuoi: A:! rnazci icl,f'xtur z and a !mnmrnt f,:rn•Sh•:•(1 1•:Sr!)shill hi,of!,ec,rr, .I,,I irl ,-til,Iv 5.Tools & Equipment:Sul) will provide sufficient quality and (tuantily of tool•,acid ettutpntent for perforr.iaocr,of the jot).II Sub us env !cols or '. equipment of Contractor, wheather by loan or rental, Sub GiL^.s lilt! same in an "as is"condition and agrer.s to ihoroo,!hly inspect the same•p,:it to use With respect to such tools and equipment of Contractor,Still,lflwi:s to assume:all respon6hility and rislr for,2nl:ay!:Contractor lief nett':; irum all loss of or damage to such tools and equipment,and all injury to any persons or darnar!c to any proper ry resulting from uve of condition of same. 6.Compliance With Requirements: Still will, at its sole rxp,•n•,r' a-,.orr flint all t•;ork,I;Ihor, mat^riafs,f,.<Iwrs nor!rt!uiprllrnt is Ill sint I conformity with plans and specifications: provifiv Its own shop rlr;nvinq-;,dl•Iml and layntif';cu•dnlnunq to plan,,sprcifiratiwls aril public brifi rr(!Inr..rr•n!a:of......I necessary permits: maintain its Slate Cnnlraclor's License Ill of 11:ct: and, comply '.will) all I„tvs, n:qulanons OI any pul,lic bmiy Or teprvs•,ntaov,• Ih•:rq,;l Any deviation from the required nlaierials, fixtures, eQ0ipmf91f of method of wolk,that is d'-stied by Still sh;dl w(!uue advance c;ritfeo auihtlnzation by Contractor,arid if deviation is authorized;Sub warrants that the authorved claviation will achieve equal or hellcr pet donllaoce stan.lT d;. 7.Modifications:Contractor may at any time during pronw%s herrunder-make written order for deviations,additions or omictions frorl or to Ih.: work, material, fixtures and equipment required hF'WLIoder,Waal;ill the wrens(if illis su h cjnlrar.t shall apply with like:e!luct to the same. At!o,rl•:rs for OI authorization Of modifications rmiit h^ in writing signed on fir,L;:l1 ul Contract qt Ili J a n S V u ur the p,:Lion designaled by him ,n writing as ' authorized to sign on behalf of Contractor.No othrrperson is auihnn;:ed to nl,lk•:Or allow nlollllicanons:All modifications shall he deem^d to be.-ithin the contract price and time for performance unless, and only to the extent, expressly provided.to the contrary in the written order or aucnor,4arton for such modification, If Sub eonlcnds that any work or materials furnished should he pnld for as^xlra work,Sub must(live Cnnlractor a written notice to that efleci i,th,r. 10 days after the work or materials in (luestion ar^ fiir•iish!,d. Clthcr::is^, it :I W conclusive:iy tn,:sunird (halt ihi'Contractor and Sub nave agrr•rd that such work or matwials are within the scope of the onninal rnni,_V., and ihot mt(•fr':IlOn:rl r:o••';"'^t't;I ;:I!I fir 8. Default' if Sub h^r-O meS bltnk.fupt, insulvenl ul nriK aft a'.•a tin mart for h••nrhl of GR(I,t(as: or fails to(nnn••nee.progress tic co,mik-t,t tlmr�I•; i- fx-+rfOrmanee required fir:retrnrbv: or fails to p^r!orm any OIIin:.,tr:+•i r •,r•lr(rr1 ill �,r,l,h,•n•rn.or o-ifnrns any act 11'o!v!),wo her'Wricl•`r;it"d I;nit 10 IeM'!d'., the deficiency within 48 hours (work holidays CxCltl(L•(d)Wlti l tvlale•i ,iotice by(:cnuacln.Crliulaclur may at its opliull proceed os follo vs A.Without terminating this aq•cemrnt Or the nh•ig:ii,on of Sid)W-wilr•.der:••. •nail e:n•k, 7n lit.It,.r!:^rood,Cr.,::•'�'I ar may potf•)• i such:✓.•[ -, work reut Cti h:r• eunder, or may f ,,i urnish any matr!rial, e(pt:q)nl,m or r.rh••r it-o wqu,red h0r•:uI1(f1r .^s CO-:'JC:Or• In its so!r , necessary to avoid delay in the progress of lh9 v:0i::: .end, in cv'ult't'tl•;:n ill r••t•nlh,Cuniracl-ut inay perform sut.h x-.,wk,or any pn,i.on th•...}! .t;�;f r,r have the so-ne performnrf by others. and Contractor 'Italy prrr:,r.r .any or olhur that's r^r!uirnd for the c0^IPr^r,(-•••- of Ihr` work. Th,• cost of such work or m,af Cri�)I-.f.r WIWI` Item•.0).)'! It..(P- dw.t•0 t•um the conlract pike,and.Ili Ih,:Cv:nr such cost excer r!. :h,•Wianee due Sub,such excess shall immediately he title an•d l Ira, ;tali!+.C:cI•ulau u(,t r 13.Terminal- Sub's right to eater onto file lull •.I lit ,.>,t.ia,l 10, 1••rtlova pe•l of ;>uh'. tools and etlu, nnt; cause the loll Covered by Ihls a•ln..:ov:^t to II•• Comrilf^t-rf,lira pr r4r(•eNv by Contractor or by other suheonl,.ir.fnr oI suhrunlr.lctors. lakt•po;•,:a1uu 01;Intl install,referrals,l,murr•s and t-qu,nm••rrt Ori the site; and, deduct from Ihe- contract prla! (,sown .,I, co-.'. , ,I,..,,. .:inrf•i.•.I, 1... .. rn•nnlrhno of Ow lob cuvered by this auI•'.;ill,art,and all Costs, e�pensrs and darnartes incufred by reason of Still's f.uluu' to o"lorn, n• d !.ivs Ili,.(D•nt Ov,• -tn In III- ,-v,ill "10 costs, •I........... �ii ,J.I„a.• exec-2d the eonlr.,U ;)tire her,:,n, Sub shall p.ly to C(•ntraclul on d.ir_nd such rri•'•s. NO ainount shall 111! pay,ihle t0 Sub until all stir-h co%Is,r.eprn•,w. i and damanes hav,:peen clnternunrrl by Contractor. . t The (a,l„re of Contractor to vxr'ci,e Its mihfs hr•leund•'r '•Il,rll not fir (Icernr•fl a tvl,ver-of Ili rifthl to exnrci;r• Ili,; -Pfnr(fy at a Ia1r1(1.I1r 1— 0, sam^ Or any d,fll!wnt deficiency, nor of its llnht 10 'ecov-.l djni.Pl•'•o: Inn•.ne any (,ilr wiot dv avaiLd;L'at I;;tv or e(!tiov l Ise Ophn:,•;rltv"•1 Cwm,ielor sI.iil _ not tr d•:^mvd hri !a Lion%upon Conn•tclor's cihr i ,nrd„S In:,:ld •I ir; low or•:.I.r.tV Sub It•[OgniZes tilal Its fall,iie 10 1R•tlorm and(I,•lays Inudciit in•'i•:1.)may. pl.::••Contractors Ill an unf avor;lhlr on%,i,nn with rp,t-rt fr -•rl t'^t'r and expeases t0 cornp,l•.:e lilt, jilt)Hewn.caosr C....traclo, le:fi•!repo•.•':( to 1•.i!i,lo t0 other parties lot delays.ant.cause Conlrinat in.n-w afld,l,onal Interest;,nd ollev find•)caig chain.s;urd uf!l,7r r(I-.IS of 11,(.•p,tq,•,1 t'(hbl,:. 9.Commencement and Peffotma nee. Time: Cnnllltrlot v.,11 nnlil; Sul) to I o"l,ni-ricc work by a cortrnn coolni^ncrinnnt d^.0hoe da+c. TI':.I.,idles, date shall be at IC.t•.I 49 IIOtirs oficr the nonce r, ,I.wn Wil.•n-wr i l ilia'•nolr,• (:n n.irinr nmv al•.n sp^cify Ih,,l'..u,k shall our r nriin4.n.........I-, th I!- I certain d.ile. Cnniracir„'s notice. 10' comnirnt.,• 1110y he ,I,v.•n u,,dl V. Itrr,vnI• I Innv••v•r, Cunu,rt:inr shall within it n•Atnnalda I'm.. %, :d a r::In••,i eonlirftlation (tile elfeutive datv- of Ili oral until:,• ',l i.,ll ill` Ili^ lien':,l .Ili(p •) :'III ('rli: m...I,';ti:(ll:, I,y the:.I/ii lli l•:nLP,11••.tl 11,-.,/p„n,..law nn,l,v.,01 pr Oeerd continuously and dillg,:ally vmh prlloml.vw,• In ;Irfoldno,,• tyllh (:n•itf,u•or's Jinn• sthrdllll•, anfd twill in nrl iv.IV uvr•If•'re w,th mrf (1-1 ry th•• ' work of Cnnlractor or other suhtonlraLtOfs,Will Doll I nn,plrtr Ill .ely .u•d all rw•nl;tvllhln Ill(- lint,.•.pe(afird it P.n 1. No vvoik stroll h,•I pall.....I,.•rl rn•: material%, fixtures or r•,Iwpnr:nf hi! pinc¢d at Ili,;-Ill%h;, or at flit ofdrl of SLill.Ill ru In Ili(!Imm...of cnnlnlrnf•• firm Crinlfacrw firm•v.Lid the,:•,•,roc-,• in►rprformarlLv by Still and deli V'•In fr'(form:ui[r Om!l hi-rvf ir.-1 oid)VJhrl I.nr....I II•;al•ts tip (;-I.gi'nry ill Vail,,••, n, ;.,.I of If,--CUnt,.n I "If anything(([curs tllat ,'(It) n•trnl'. to ❑5',i•rlx, .o. ,•.rl lr.....III-: d,I IV. :;Lill •.h.i'I II„l,ly Cunll.0 I'll In t omil ,'•1 ht•ins;III••, Ili,•net nii- ,.,-I•.i,ll•• th,lretn Ihr: a•;ti` wd camp for -XI u•,,-rl o-loy. Nil 11,I,Iy .Lull I,• ., I.i d tviih •uf •.n,II Irani-ly nutn 11 !;uli r+t)r...;,•we'd him p••,Ina lox l•,•r Ihr•,.• i•. rva•.Onahlr hHIllmird Ih.it still will hi• {urvrnlCd finnt pl•ilrnnL.nl by I••nsnn ul a I!,"n•Inl VIIk^nI w1wr I1ho1 di,pnilr nnI cau•,••d by atllnll... rl...u•tl r:f still ill vinpal ion of :it 1111 dill• ti it inn i l'(!l ii I v i I11'I i frl III rn Lit !) k l ill!d-, I:,nil,dl.if,r 111rIy, r ptim aCo., •:S(Il•rl l,t11111 lilt t•• IIII%[ti I by , n il:• , noe(: t( Soh,;lint diichor(lo :Ill C oll.11'lilt (111111I.111i 111•, Ir'1 i'i Ii I11--1 fry Illyllli'lll to :;!Ili III .I., an mol i•r111.0 ill ill--;1,III If ((,..I to!o.b 111 lnl.,,, II••,I,I„n"I on(I nun(eftails, fixl,lr,:•, and r(llnpnu•nt tn.lallvd, plrr. III'.ill ,,,I .n nf,nnt_ L I•i rr, u1 1111% r,Imoo .unf such 11.r/nil•nl .11.11 not Ir'a V.',nv..l ill .Iny ".Iln,i Contractor (nay how aq.iinsl Loh Ina lut•.If h ( ' 11n.,1.1...vn•'nI, 1nlrt.,,J',I ihi:I.ultlw by Sid)lu pi•I)ono by n x-wl of Ipvu•rnl y1n41:of u11i,•, 1.1hn �` thspulC not caused by ardor or nl.iou ll of `.;Ill,%11.01 n„1 1. ,1-.—i-d.1 Il„.....11 fiv:;Lill. dent Investigation'Still has indepuntlenlly satisbed Itwlf of the rrnulluun•:,,rv.iil.dnllly of ullliln••,.Libor,material, lixtllfes and l:tlurprnuul, mailers that Inay affect Sub's costs, pruuress or prrlortnance howmidrr, and r: nnl n`lyuly upnl imy n'preSCnlatinl of or in1n1r11a11on Ckintraclur or Owner out expressly Sul forth heivin.Any inlor i.Im)n Itulu•,hl•II by Contractor or Osviwi I•,expressly without warlanly,does I. uub•pr1n1':Ilt investigaliun, and absent intentional haLld by Conll,I(Aw, Its nu:uneelne;•. shall not excuse perlonnaneC by Sub our provide a Action agd1n51 Contractor. Prompt Payment of Claims: Sub wIII plonlptly pay all r-loons for Inbur Inlcludnl(I appliC.11,lr u1110o payme,nts).Irxitifes and erluipnu:nt lomi%hed to I file'Order of SI11),and will cause 11111liedlale removal of any mechanic's lien or'.top flour"1-iii it,secure said clauns. If Sul)fails to cause Ih•`removal lereuf willuo 10 clays after ounce,Conlractor is ati1111OH e(I In cause the reinuv.11 Ihen:uf by vJltalev1-r means a dr:err:a(Ivlseable,including lull payment of the clainl,and all costs incurred,Including reasonable at loroey's Ices,shall be iniowdlately duo,unl p,ryA)Ie Ilunl Sub In Conlractol. 12.8ond: CuoltaUOr has the right, al any now, to requno Still to lurnnh .1 t.111111u1 pl clot nl,u ll c bond .11111 J 1,11)ol dod u1 dlv pal build, ill ,nnounl, drsujfIJd:d by Conffactor,executed by a corporate surety author reed to do bu•anr•.•, ,I Capful Illy Cnrlo'Irtur will Ilay thlectly to the bundunj collipany.111 amount equal to the normal and customary ptetomin for such hunt) or bond,,hot voll not I).! I•'tllnn:rl to Daly;uty amount in excess thereof atlrlhutabllt to a high risk rating Of Sub.Sul)represents that it flow has,and agleCs that if tv111 rotitlnur: to ntaull,lirl,sufficwol bon(ling Capacity to obtain such bonds, and i1 Sub caonol deliver the subject bond or bonds within 5 business days after wnitcn demand, it shall be deemed a failure Of performance Jnd Contractor may exercise the remedies provided io Par.B. 13. Risk of Loss: Sub shall bi- responsible for and assumes all risk of loss of I1 damage to tools and Cqulpoleol used or to be used in perforinanc,: heicul,and mao,riols, fixtures and equipment until the. same(life permanently rest:llllvl III or afflY d Ill tl.e work of Improvement,resulting from any cause Including but not lonited to thelt,vandalism,weather,casualty,negligence,or any other circotnsranCBs,and Contractor will not under any circumstances be liable to Sub for such loss or damage.Storage and safety precautions shall be the iespomibility of Sub. 14.Clean Up:Sub will at all times keep,and upon completion leave, the picnuies in a sale condition and free from waste or surplus materials that could be a hazard to persons or properly. 15.Indemnity and Insurance:Subcontractor shall mdenin.ly and s.,ve cul:tiaetot :I•„I {nlo—rlr+r's agents and employees(hereafter referred to in this Section as '1ncL:nnliiees") harmless ag.onst all Claims for (Lonag^S to Pe'fsons (...:'[killing rtnp,l n•/PCS Of SIII)COntiaCt Of) and property efi)ray vui tit Subcontractor's ex^.cutiOn of the work or materials. fixtures and ecptilprilent [uv'•.rd by tilts cl.nlact•or tools or equipment used in connection Ihe.•'anlh, and any and all cu,is, expenses, altornl:y's fees and liability mlckired by said nap•:nnutl:r,in d':f,•ulb:n)against suds claims,whether the same pros?ed to iud(:mcnt or not. Subcontractor shall 1ndl:nlnlfy and save said indvinnitees harnb•s-i ;,g,unst aft rl,,nn,(I:scrih,nl III the preceding sentence,even thOugh a proximarJ cause of said damages may Ile the active, and/or passive ncghgenc.r of any (,I all of 5;,u1 uuL nunle.a,of any active and!or passive neghy,•oce that 1s illIPUWd to any of the.rn Iexcludulg only such damages as aIISC from the suer I„�111r,nua• (or t'4,1111il misconduct of the Indemnitee, or Indemn.tlee's Jgenis,ser:,lnts or indcpendcnl contractors who ale directly resp,un5ible to In(b'nirul•:rl.$.;Irt.'nlll.il.IVr at his usvn expense agrees upon written n:q(ea:by i any of sdld .ndenlnitees to defend any Such suit or action brought argimist any of tlwio. In Ill.•-p n,•.:unon of jov suc:es%lu1 Claim Of suit brought by said indrmmtees for the enforcement of this cotltiacl,or any of the Inuntt,ny or 01111.1 ohhg_atlun•.of _I.d nidemnio:es hereunder,subcontractor agrees to pay them any reasonable attorney's fees and any costs of suit ineurre(1 by sold iodcinnllel:s. $uncontractor shall not comment,: wort: wider Ibis COoIIacl (111111 he ha, ohr.wwd ;1:1 In'.ur.ua:C r(jun'cd hereunder in a Company or cenll)anies acceptable to contractor. Subicutioaclor shall bike Out and nlainlaill al all I1111'u(III....Y the III,-elf Ili:contract the following policies Of insurance,which will provide primary insurance coverage, as to which any insurance ol)talne(I by cwluatAUl 111.11 Io.ry inrlcnmily cuntractor for the same risk(s)shall be excess insurance: i A. Public habdity and property (I,nnaye; on account Of bodily Injures mclurinup ill•;ith rr•.ul!nuI Ihcn•Ironl, III the Suet Of not less than IivC hundre(I thousand dollars (S500,000),and properly dantagf: in the sum of itvu hunched fills• lhuusand doll,11s ($25U,000) resulting from any one occurrence which may arise from the operolions of subcontractor in performing the work provided lot III•iein. B.Contractual coverage; for liabilities of subcontractor assurned by this cw.nacl mt the soli of nut less than five hundred thousand dollars (S500,000) for bodily injury and two hundred thousand dollars($250,o0U) for property damogu. C. Full and unlimited Workmen's Compensation insurance. Subcontractor agrees that on JII policies of Insurance he obtains a•:wituired by I'a,ayr,ildl 1 of III,%Section contractor shall be named as an additional insured,and that he(dill provide cumiaclor with a complete and valid certificate of rich nl,ul,lnl.e policy he-ohtaois as required by this contract. 1G.O.S.H,A. Compliance: The Subcontractor shall comply in evoiy respect tv.th III--tNI hat I.,ji'.a(I'•r Occuliollwial Solely and Health Act of 1070 and all rules and regulations now or hereafter in effect under said Act,and the Subcontractor fuilhcr aglces to comply with any and all applicable Slate laws I� and regulations pertaining to job safety and health. + The Subcontractor shall protect and keep Owner and General Contractor (including Ih1:lr ale•nl, and employees) flee and harmless from any and all liability, public Or private, pi:nJlticc, contractual or OlherVJlsl:, lassies, (IaI11JII' rn•.P. .ill,nil••;'. ,I, ,, rxpl:nsrs, causes Of action, clamns of jud(lowills resulting from a claimed violation of the Williams-Steiger Occupotlnlal Safety aml Il`•11th AI 11If 19/0 or any tulr Or regulation pron1tllgJI1:d thcieunder or Of any State Laws or regulations pertaining to job safety and health arisnly nu[ of or it, Jny i•a,s- connected with the performance of v.-cork lobe tv`rfnrm`d under this subcontract, and Subcontractor shall indemnify Owner and General Contractor from and such claims, penalties, suits or actions, public or private,administrative or judicial,including attorneys' fi;c;paid or inctmvd,Ly cr cn I;Ji1 df of the O.vn:`r andior the General Contractor,jointly or severally,and/or their agents and employees. Subcontractor further agrees in the eve-ill Of a claimed violation of any fedc(al or •,rate sol.:Iy and health law ur regulation arising Out of or in any way conne-c;ctl with the performance of work or work to be performed under this suhccmii ict, Ili: Owner and!ur General Contractor may onnr:(hati.-ly lake whatever action is deemed necessary by Owner and/or Contractor to n:rnedy Ill.: damns[! vl(llanun. Any and :III costs or expenses paid or incurred by ' Owner indoor Gi:neral Contractor in IJkiog Stich action shall he burne by $uhtunllar.tur, and ',;ohLUnt1(ICIUr agues to protect, hold harmless, and Inderrinify ON:nel and/Or General Cuntlaclor against-any and all such costs of expel•,,:•.. 17. Guarantee:Sub guarantees, without limitation, the quality and fitness of all tvutk pcilciirrii Jn(I nlatCllals, flx,tltes and equipment furnished in p effor111at1Ce Of this contract,and will be reasonlble for all dirnag(:s arld injuries rrsulling dneuly oI nuhrectly born defects therein. 18.Cancellation Rights: Peifoiniance of this contract depends upon the ah,hly of Comi.wlm and Owner to uhtato satisfactory financing, toning anti building permits. If, aller good faith efforts, such Life not Oblained,and job is not cununenci:d, the Contractor shall have the fight to cancel this Conlrael at any time within 90(lays from the(late of execution hereof. 16.Transfer:Sub will not assign ifs.rights nor subcontractor nor delegate its Julies hcfeurld"I vJlihout the express prior written consent of Contractor, ( 20.Notices: Notices required or permitted tulating to this agivernent shall be in writing,;l.111 may be served personally,by mail,or by telegram to the address of the p3fly as set forth herein or as subsequently changed by written nonce. Notices served by nlad at,.,deenied received 24 hours after posting in the U.S.rdail,plustago prepaid. 21. Disputes: If Joy drSpulC ShOuld JfiSC bChveen 111e pubes, Sub shall ncvet Ihlars ;1luc':•d to Iwiforrn Ow tvork,unless directed to Ill.:cunnJry by Cwltl"L[Ut. pcnll..ly 5%•(IIL:o IcnI Of 111C dispute. Any CUntruveisy aitsing of this all•:•:..Uarl sit,,i, Ire UCICI nIn II:(I fiY at bilfatlOn m accordalicif t'rlth Ine C OIIII11•:II(.al-Roles Of the Amerlcim Arbitration Association in effect at the time of atluuation,,and Iullgrlllrnt upon Ih^atvard rendered may bC entered In any Court having jurisdiction thereof.Providi:d however,if Con(raclor finds it nr Ci:.s,,,y to talc,•iufa of(Idled;,cou,1 i1clion Involving a party Or parties not subject to compulsory arbitration,then Contractor may elect to have any relJ[`_d eurluow:l,y t':rtl.Sub delrrnined III such court action. 22. If eolwi party becomes involved in litigation or arbitration;utsing out of Uns Sullcono wl or the. perforllance lherecif,the Court in such hugation (or arbiters III such arbitration)or in a separate suit,shall award attorneys' fees to III;:justly ollU`:d I,.Irly. 23.Agreement Complete: This agreement is complete and.no agreement or rupw5coiattnn out expressly Set forth herein shall have any effect unless reduced to tvntten modification heieol, I DATE ___M -Y 201 1977 CONTRACT PROPERTYS' INC. su13 JAMES VALOFF t �. - 1 I BY NOTE: Each peison sinning this, anjeement (lots thcjcl)y in(livi(luall wail ail Iljs authoiily execute the same on hehalf of Cuntraclur or Sub, respcclivcly, as ,t (It)ly aulhurizt!d anent' GUARAN I EL OF SUB: The.undutsignud (toes !tummy 1lersunally 911man1cc Ile,lullnanei: ()l each anll every ohhgaliun of Sill)herein. 10 iv ( PIPELINE ' CONTRACTOR WATER • SEWER UNDERGROUND UTILITY Calif. Contractor's License No. 281686 17942 Weston Place Tustin, Calif. 92680 Phone (714) 832-4167 June 27, 1977 Jansvu Properties 18552 MacArthur Blvd. Suite ljij 0 Irvine, Ca. 92715 Drain Location. 17692 Cameron Huntington Beach, Ca. 36" RCP 309 1/f $ 9615.50 Sand 260 ton @ $ 5.25 p/t6n $ 1365.00 1�;.Z b50 60, so r 1 i , 77622 . - a JULY 8,::. 77 f ! AY'l C 'i'iirl rl - 0itDE t of JAMES VALOFF -�2,500.00" r TWO HOVSAND..F-IVE . HUNDRED AND NO/100•* c�S,: N WO*CONNOR :.6 2, �� ���' JAt4sVU l'a tAwrYw INi). 7-8--77 TOWARDS PIPELINE CONTRACT OF $10,980.50 on 17592 S2,500.00" CAMERON ST. SAL. DUE S8,480.50 3 i i (213) 333-6/76 MODILE TELEPHONE (714) 035-6261 . CAR 1106& . RUDY RODRIGUEZ ENGINEERING CONTRACTOR - 1:5570 GARO STREET STATE LIrENSE • HACIENDA HEIGHTS. CA 91746 295600 V`v1 ` 1 V E ........................................................................... 19 .............. PROJECT: .......................................... .t.I.......... B I D S U M M A R Y GALANCEDD 810 U NBALANC E D 8 10 ITEM O E S C R IPT ION QUANTITY UNIT U N I T T O T A L u N I T T O T A L 4 6`i L y 2 g ' Z Lo�) ! g � . 0C) 1 Co I I .1� I C VJ. p lf' F 11-) '-) ur E - . 90-oo 3 U•CDC- W ovi= EX��T - .c . Z u ST. 0 SO RO« - err Eli rY"� F5o . o ) CUL V 1 So Is HOT TA-k-1 111 - �On • oO _ .0 LIS L, i 5. 6 3�'" C o ? .'�,�' l Z y C> Scv�L �o c, P, Pam. --- = ?0 2" WA T( 2 SE <ViCC ) ------- - ------------ I DEBO ENGINEERING, INC. A.C."BOO"ALLFORD CONTRACTOR'S LIC.NO.30M, D.A."DENNIS"HOREN (714)E34•21189 GENERAL CONTRACTORS (714) 839•3901 16642 MT.DARWIN FOUNTAIN VALLEY,CALIFORNIA May 11. 1977 Jansvu Properties - 18552 MacArthur Boulevard Suite 440 Irvine, California 92715 Ref 8 Units- on Cameron P R O P O S A L Q� EARTHWORK v Demolition - Lump Sum $ lt200.00 -300 Cu. Yds. Import 0 $7.00 CY. 2.100.00 .500 Cu. Yds. Scarify & Compact 0 $3.60 CY 1.500.00 . 12.800 S.F. Fine Grade 0 $.03 SF. . . 384.00 J 200 Cu. Yds. Compaction 0 $1.00 CY. . . 200.00 Earthwork Total. $ 5. 384.00 aoo.o�o STORM DRAIN .,-320 L,.F_,_3 33.50 L.F o—R 12.640 00 2 ea. Brick & Morter. Ends ® $200.00 _40.0-00 Storm Drain Total. $ 13,040.00 VC USIONS Permits • D66age -to underground utilities not indicated on plans or staked in field. Inspection fees Soil testing Engineering Construction water meter and water Field measurement will be used for pay purposes. Respec lly DEBO EERIN j SPECIFICATION CERTIFI.C:\TE The HYDRO CONDUIT CORPORATION hereby certifies that the 36" Reinforced Concrete Pipe 1500-D T. & C. Furnished to oaloff Construction For job at Jmevu Properties. Ins. in H=tington Beach on Cameron St. So. of Slater 6 . of Befich Diva. under their Purchase Order No. will fully comply with A.S.T.M. Specifications No. C76 and/orfor Reinforced Concrete Culvert Pipe Standard Specifications for 1976 HYDRO CONDUIT CORPORATION OFFICIAL SEAT_ MARJORIE J. SHACKELF RRD NOTARY PUBLIC•CALIFOPNIA HIVEi,'SIDE COUNFY 1 MyGonIHh"S u ILApifLSI k1)..'6. 1'l/!t By, `" Plant Manager Subscribed and sworn to before me this 14th day of June 19 77 Mailirie J. hachelford- Notary Public USE'BALL POINT PEN ONLY -PRESS FIRMLY CAaH RECEIPT LCITY OF HUNTINGTON BEACH � P.O. BOX 711 l HUNTINGTON BEACH,CALIFORNI, Ik 648Y f (714) 536-5511 CITY TREASURER — WARREN DEPT. ISSUING y ��� u��-� DATE 1/7 77 RECEIVED FROM ADDRESS ' FOR �"/FiFS�•• !�S /`c.•, (.-/7/►`iiyC c/y - r AMOUNT RECEIVED CASH CHECKC3- � i I RECEIVED BY �? I ACCOUNT AMOUNT L - tea. `i Ykl �,y n t: `� 6t i1 • zcc _ ehv. I TOTAL 1Vo.. 83015 Customer. Jansuu . Propertys' Inc. 17123 ROUNDI-III_l_ DRIVE HUNTINGTON BEACH, CALIFORNIA 92649 125 General Contractor B321467 January 17 , 1977 Reply to: City of 11untint;t on I'cac)i P.O. Box 1703 P.0.BOX 190 Huntington Beach Huntington Beach, CA 1a2648 California 92647 - re: 175g2 Cameron Street Developing Dear Sirs: Residential Income We, Jansvu Propert,y2l Inc . , do agree to indemnify Units save , and hold harm] e::*; and defend the City of Huntington .Beach arr.i.n..t any and all liability which might arise or •-icpruc against the City by reasons of .arty activity or conditions existing upon the ',.Appreciating premises listed belnr : Appreciation" APNo. 167-471-0t) AKA: the ,�out)i half of lot 14 of Tract No. 409 in Book 16, page 31 The purpose of the above is to allow the 36" drainage pipe to be placed bei:ween the 10' distance of the props,sed bu i l ?ink* and property line , as opposed to the norm.,).-I. 15 ' easement requirement. As ondition to the .e).bove , we warrent no surcharge on h dr a age pipe from our foundations. Ver t y ours , Anni�;on en 1. Jansuu-Propertys' Inc, 17123 ROUNDHILL DRIVE HUNTINGTON BEACH, CALIFORNIA 92649 (714) 840 2125 General Contractor 8321467 January 17, 1977 Reply to: City of Huntington reach P.O. Box 1703 P.O.Box 190 T _ Huntington Beach Huntington Beach, CA 92648 California 92647 re: 17592 Cameron Stree Developing Dear Sirs: Residential Income We, Jansvu Propertys ' Inc. , do agree to indemnify Units save, and hold harm]-ess and defend the City of Huntington Beach against any and all liability which might arise or accrue against the City by reasons of any activity or conditions existing upon the "Appreciating premises listed beloi,": Appreciation" APNo. 167-471-06 AKA: the aouth half of lot 14 of Tract No. 405 in Book 16, page 31 The purpose of the above is to allow the 36" drainage pipe to be placed between the 10' distance of the proposed building and property line , as opposed to the normal_ 15 ' easement requirement. As ondition to the above, we warrent no surcharge on h dr i age pipe from our foundations. Ver t y ours, Annigon' ent PIPELINE CONTRACTOR ' WATER • SEWER UNDERGROUND UTILITY Calif. Contractor's License No. 281686 17942 Weston Place Tustin, Calif. 92680 Phone (714) 832-4167 June 27, 1977 Jansvu Properties 18552 MacArthur Blvd. Suite Ll-0 Irvine, Ca. 92715 Drain Location 17692 Cameron Huntington Beach, Ca. 36" RCP 309 1/f $ 9615.50 . Sand 260 ton @ $ . 5.25 p/ton $ 1365000 �,5rA.cam � ) g0.50 C� C 77622 Co.92716 :''W52.9515 .--JULY. ..B 77 ORDEA oi. JAME$ YALOFF _----- 0 DQ...TH-2US_AKO._-IY.C...iUNDRED-._AND.- NO/100** J . N A 6a-�i L C �•=t _i 2�.=gib: :: � � '. G 5 &o-2 2El 0•CONNOR JANSVU PROPL"R' Wl"INC. •• w IrWLHV, CALt:". 7-4-77 TOWARDS PIPELINE CONTRACT OF =10,980.50 on 17592 =2,500.00N CAMERON ST. SAL. DUE 38*480.50 (213) 333.5176 MOBILE TELEPHONE (714) 835.6261 CAR-•A1K RUDY RODRIGUEZ ENGINEERING CONTRACTOR 15570 GARO STREET STATE LICENSE HACIENDA HEIGHTS. CA 9174E _ 2031508 _ - - •,{-; ErE ............Lr�. ........`,.`..�` ........................ 1.9 PROJECT: .►//?! .J ............................................................0 PCR 71 E B I D S U MMA R Y BALANCED 610 UNBALANCED -BID -06 ITCY DESCRIPTION QUANTITY UNIT TOTAL UNIT TOTAL l." �. . �� - I �I,RiS it � 6�1 � � -` 2 � , Z.: •• `.! �.f l;t U. �1.i;': "'��( r ;". � ' • 00 ! g 4 . 0 t� • Il I 3_0 � r. w 1 - � �, 5 SO. Op • �e fAbVr fxi 7 .( . z u r 0 5U I Izn-ob Roy - 6r c A 850 , p 0 him 0 CuL v( i 1 = S ►-Ii 7A•) ZI1 _ UU C S L. i 5. 6 75, j? F 341 on l Z.q'v 5Uv1C, :o,t., H 0 Trap 91, (=A , l U(,�p ( f c)c)o 0() 2 o z:1 WA E g S�zv ICE C`A` �/ V I N.� 6 30 ,U o IL ;. f DEBO ENGINEERING, I14C. R.C."e01111"ALLFORO CONTRACTOR'S LIC.010.300MI O. A."DENNIS" HOREN 4714)534.2"3 GENERAL CONTRACTORS (714) 839-3901 16642 MT. DARWIN FOUNTAIN VALLEY,CALIFORNIA May 11 1977 Jansvu Properties 18552 MacArthur Boulevard Suite 440 Irvine, California 92715 Re I 8 Unitsz on Cameron PROPOSAL rib EARTHWORK. Demolition - Lump Sum . 1v200.00 .300 Cu. Yds. Import 0 $7.0 CY. 2,100.00 �V .500 Cu. Yds. Scarify & Compact A $3.00 CY 1,500.00 12,800 S.F. Fine Grade O S.03 SF. . . . . 384.00 J 200 Cu. Yds. Compaction 0 $1.00 CY. . . . 200.00 Earthwork Total. . . . S 5t384.00 STORM DRAIN 20 L.F. 36" R.C.P. o 9. 0 F 12 640 00 2 ea. Brick & Morter Ends 0 W6.00 . Storm Drain Total. 13,040.00 BXQUSIONS Permits • DMieage to underground utilities not indicated on plans or staked in field. Inspection fees Soil testing Engineering Construction water meter and water Field measurement will be used for pay purposes. Respec lly DEBO EERIN , 1 PECIFICATION CERTIFICATE The HYDRO CONDUIT CORPORATION hereby certifies that the 36" Reiafora" Concrete Pipe 1500-D T. b G. Furnished to VS10ff Constractioa For job at JMUSVU Properties. Ina. in Huntington Beach on Ca=am St. So. of •later b . of Sim 51W. .under their Purchase Order No. will fully comply with ♦.B.�.,l. Speeifications •No. C76 Wd/Otfor Qeinforeed Concrete Culvert 94e Standard Speeifiast na or OFFICIAL SEAL 1976 HYDRO CONDUIT CORPORATION MARJORIE J. SMACKELFORD y� ~ NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY ° My CommissionbpiresFeb.o.1978 By. -` Plan.0 Manager Subscribed and sworn to before me this 14th day off June 19 77 .��'�-�;,�,�f %/�•'lam-. ����-�r�a-.-/ ! 1 - Notary Public Jan' sw PrnpertysAnc. 18552 MAC ARTHUR F3LVD. SUITE 440 IRVINE, CALIFORNIA 92715 January 4, 1978 Mayor & Members of the Ci ty C(mnc I I City of Huntington Beach 2000 Main Street Huntington Beach, California Mayor and Members of- the Cn«ncil : Jonsvu Propertys ' Inc . wishes to take ;this opportunity to communicate with you regarding our support and request for your concurrence in approval of the application for Housing and Community Development funds for the Michael Drive storm drain project in Huntington Beach, California . Jansvu Propertys ' Inc . , or, yo•u ore aware, is involved in development of property located at 17592 Cameron St. Huntington Beach n Beach and has contributed an excess of $13, 000 for construction of a storm drain which is to connect. wit:h the project development mentioned above. I am sure t:hnt we speak for all of the property owners in expressing our concern for storm relief of sheet flow water which has created consideroble hardship to those property owners between Beach Blvd. and Michael. Drive effected by this problem. Your consideration and npprovnl of HUD funding for this project is vital to the area and in the interest of Huntington Beach property owners. Thank you for your consideration of this request. Sirf Yed �U niel Z1 onnor� Secretary/Treasurer { WDO: p r Copy: City Administrator Bill Hartge, Director of Public Works RESIDENTIAL REAL ESTATE DEVELOPMENT x Jan''svu PropertysInc. 18552 MAC ARTHUR BLVD. SUITE 440 IRVINE, CALIFORNIA 92715 January 4, 1978 Mayor Members of the City Clotinr ; I City of Huntington Beach 2000 Main Street Huntington Beach, California n Mayor and Members of. the Council : Jansvu Propertys ' Inc. wishes to take this opportunity to communicate with you regarding our support and request for your concurrence in approval of the application for Housing and Community Development funds for the Michael Drive storm drain 14 project in Huntington Beach, California . Jansvu Propertys ' Inc . , as you are aware, is involved in-, development of property located at 17592 Cameron St. Huntington Beach and has contributed an excess of $13,000 for construction of a storm drain which is to connect with the project development mentioned above. I am sure that we speak for all of the property owners in expressing our concern for storm relief of sheet flow water which has created considerable hardship to those property owners between Beach Blvd. and Michael Drive effected by this problem. Your consideration and approval of HUD funding for this project is vital to the area and in the interest of Huntington Beach property owners. Thank you for your consideration of this request. SiK r Y, niel nno ` Secretary/Treasurer WDO: p r Ji Copy: City Administrator Bill Hartge, Director of Public Works RESIDENTIAL REAL ESTATE DEVELOPMENT .I City of Huntington Beach (r+� P.O. BOX 190 CALIFORNIA 92648 ENGTNEERING DEPARTMENT September 30, 1976 Jansvue Properties Inc. P.O. Box 1703 Huntington Beach, California 92648 Subject: Fees and Dedication at 17592 Cameron Gentlemen: Please be advised of the following fees and dedication which are due prior to issuance of building permits. 1. Sewer, 8 units @ $60. 00 $ 480. 00 2. Water, 8 units @ $30. 00 240. 00 3. Drainage, acres @D i 1, 495. 35 7 97 7 S 4. Orange County Sanitation ' Dist. #3, 8 units @ $250 . 00 2 ,000. 00 Also, please have the enclosed deed signed, notarized and returned to this office for processing. Very truly yours , H. E. Hartge Director of Public Works Walter E: Hurtienne Acting Director of Public Works HEH:WEH:GLE:mc Encl. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT September 30, 1976 Jansvue Properties Inc. P.O. Box 1703 Huntington Beach, California 92648 Subject: Fees and Dedication at 17592 Cameron Gentlemen: Please be advised of the following fees and dedication which are due prior to issuance of building permits. 1. Sewer, 8 units @ $60. 00 $ 480. 00 2. Water, 8 units @ $30. 00 240.'00 3. Drainage, .I acres @ '0 �,495. 3;__:7 747 71S 4. Orange County Sanitation Dist. #3, 8 units @ $250. 00 2,000400 Also, please have the enclosed deed signed, notarized and returned to this office for processing. very truly yours, H. E. Hartge Director of Public Works ' ••-- -.��... .mot-�---;�:•� Walter E. Hurtienne Acting Director of Public Works HEH:WEH:GLE:mc Encl. USEOBALL POINT PEN ONLY -PRESS FIRMLY y CAaH RECEIPT LAIDCITY OF HUNTINGTON BEACHP.O. BOX711 S I� 1 14 HUNTINGTON BEACH,CALIFORNI/L Q2484 4 � i + (714) 536-551.1 J t` 14, 7 CITY TREASURER -WARREN fF �' A L1 G f C ri�`rry DEPT. ISSUING l o6C%C fly�c�c f c DATE rT ice. ! Ft RECEIVED FROM r ADDRESS FOR AMOUNT RECEIVED 1 CASH[ .CHECK[�-'�"► A.B.A.# :. RECEIVED;BY �� ACCOUNT AMOUNT t � TOTAL -% v l N O. 8 3 015 Customer t,�t,•. Of, BOARD of zoninG ADJUSTMEnTS CITY OF HUNTINGTON BEACH-CALIFORNIA P. O. BOX 190.9264-8 PHONE(714) 536-5271 CONDITIONAL EXCEPTION NO. 77-4 (In Conj . /UP 77-6) Applicant: Rick Anni oni P g P.O. Box 1703 Huntington Beach, California ! Request : To permit a zero (0) building setback from a dedicated easement in l.i-cu of the requir.nd F: ivr ( '-,) FootseL-hack prr Srction 9960 . 2 (c) cal t hr hunt--i.nriton Beach brdinanco Coda Location: The subject property is located On the east side of Cameron Street approximately 450 feet snutii of Slater Avenue in an R3 , Medium-High Density Residential District. Date of Approval: February 2 , 1_977 FINDINGS OF THE BOARD : 1. The granting of a Conditional Exception will not be materially detrimental to the public weifare or injurious to property in the same zone classification.. 2. The topographical features of the area impose certain constraints upon subject property which make granting of the conditional exception necessary to provide the developer with parity to sur- rounding properties (the property is at the lowest grade in the vicinity, requiring installation of the d.r_ainaq e easement thereon for the draining of this and other properties) . 3 . It has been determined that the applicant has met the intent of i ; the code for adequate access for maintenance of the pipe within the drainage easement and for assuring_ that no surcharge will result upon said pipe. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS : 1. The plot plan received and dated January 7 , 1977 , shall be the approved layout . CONDITIONS OF APPR�- CE 77-4 February 2, 1977 Page 2 The applicant shall submit a "hold harmless" letter to the City to absolve the City of any responsibility if necessary maintenance work within the casement should result in any damage to subject property or. structures. Said letter shall be subject to the approval of th(, City Attorney for form and content and shit l l hocomo i or t:.he permanent file on subject pr.ojoct-.. 3. The applicant shall prow i,dr, th it there will be no surcharge on the drai.n,vw ,) i pr, by submitting engineering calculations for the foot' i al.onct the southerly property line for that portion, of t.hc bui_.lding encroaching into the . easement. Said proof shall he submitted to the Departments of Public Works and Ruildinci ,n<l Commtmi.ty Development and shall be subject to approval by said departments. 4. Applicant shall construct a '36" RCP drain through his property, to be plugged at both ends. This pipe will be a part of the City' s Master .Plan Storm Drain System and will be within the 10-foot drainage easement dedicated to the City. 5. Applicant shall construct an interim drainage channel along the south property line capable of carrying 25 c. f . s. This system must be kept: operative until the Master Plan Storm Drain system' is complete. 6. The above permanent and temporary installations must be shown on the project improvement plans for final approval. It is recommended that you immedi.ntcly lntrsue completion of the Conditions of Approval and address all requirements of the Huntington Beach Ordinance Code in order i_.o expedite the processing of your total application. I hereby certify that Conditional. Vxc(,pLion No. 77-4 was approved by the Board of Zoning Adjust--ment.s of the City of Iuntington Beach , California, on Febrt.»r.y 2 , 11)77 , iipon tho foregoing conditions and citations. i Ja es W. Pal.in, Secretary Board of Zoning Adjustments :df (M...- C A V6~L& • BOARD of zoninG ADJUSTMEnTS II CITY OF HUNTINGTON BEACH-CALIFORNIA 64 H� 'lf� • P.O. Box 190.92e PHONE(714) 536-5271 CONDITIONAL EXCEPTION NO. 77-4 (In Conj ./UP 77-6) Applicant: Rick Annigoni P.O. Box 1703 Huntington Beach, California Request: To permit a zero (0) building setback from a dedicated easement in .lieu of the required f i ve (5) foot setback por Sect ion 9960. 2 (c) of- the 11unt- i.nrit:on Beach Ordinance Code. Location: The subject property is located do the east side of Cameron Street approximately 450 feet south of Slater Avenue in an R3 , Medium-High Density Residential District. Date of Approval: February 2 , 1.977 FINDINGS OF THE BOARD: 1. The granting of a Conditional Exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 2. The topographical features of the area impose certain constraints upon subject property which make granting of the conditional exception necessary to provide the developer with parity to sur- rounding properties (the property is at the lowest grade in the vicinity, requiring installation of the drainage easement thereon for the draining of this and other properties) . 3. It has been determined that the applicant has met the intent of the code for adequate access for maintenance of the pipe within the drainage easement and for assuring that no surcharge will result upon said pipe. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PEP11ITS: 1. The plot plan received and dated January 7 , 1977 , shall be the approved layout. • • CONDITIONS OF APPROVPrL - CE 77-4 February 2, 1977 Page 2 The applicant shall submit a "hold harmless" letter to the City to absolve the City of any responsibility if necessary maintenance work within the easement should result in any damage to subject property or structures. Said letter shall be subject to the approval of the City Attorney for form and content and shall hocome a part of the permanent file on subject project. 3. The applicant shall. pr. ovi.dr, proof that there will be no surcharge on the draina(lo Pi.po by submitting engineering calculations for the footincls along the southerly property line for that portion of the building encroaching into the . easement. Said proof shall he submitted to the Departments of Public Works and Building and Community Development and shall be subject to approval by said departments. 4. Applicant shall construct a 36" RCP drain through his property, to be plugged at both ends. This pipe will be a part of the City' s Master Plan Storm Drain System and will be within the 10-foot drainage easement dedicated to the Citv. 5. Applicant shall construct an interim drainage channel along the south property line capable of carrying 25 c.f'.s. This system must be kept oporative until the Master Plan Storm Drain system is complete. 6. The above permanent and temporary installations must be shown on the project improvement plans for final approval. It is recommended that you immediately pursue completion of the Conditions of Approval and address all requirements of the Huntington Beach Ordinance Code in order to expedite the processing of your total application. I hereby certify that Conditional Exception No. 77-4 was approved by the Board of Zoning -Adjustments of the City of Huntington Beach, California, on February 2, 1977 , upon tho foregoing conditions and citations. cu a es W. Palin, Secretary Board of Zoning Adjustments :df