HomeMy WebLinkAboutKing Y. Chai - Reimbursement Agreement 80-W2 - Water Main REQUEST FOR CITY COUNCIL 'ACTION
Submitted by Paul E. Cook�(_.�_ Department Public Works
Date Prepared October 24 , 19J Q Backup Material Attached o Yes No
Subject Reimbursement Agreement 80-W2 (King Y. Chai)
City Administrator's Comments
f^APPROVED BY CITY COUNCIL
• i
I
Approve as. Recommended , _-.f..�..r. ,19
.cry cr,Fi
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
Statement of Issue:
Mr. King Y. Chai seeks approval of Reimbursement Agreement 80-W2 for the
construction of 405 lineal feet of 8 inch A.C.P. water main to serve his de-
velopment at 16248 Pacific Coast Highway and adjacent properties.
Recommendation:
Approve the agreement which establishes a maximum possible reimbursement
of $2,441. 79.
Analysis:
Mr. King Y. Chai. will construct 405 lineal feet of 8 inch. water main to
serve his development at 16248 Pacific Coast Highway and adjacent proper-
ties. Facilities will be constructed in conformance with plans and
specifications approved by the .Director of Public Works.
Funding Source:
Reimbursement will be made from water connection fees collected from
builders who develop the adjacent properties.
PEC:DRN: jy
PIo ane
REIMBURSEMENT AGREEMENT 80-W2
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 30th day of
September 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY, " and KING Y. CHAI, an individual, hereinafter
referred to as ' CHAI. "
R E C I T A L S
WHEREAS, CHAI, pursuant to his agreement with CITY, has, at
his own cost and expense, constructed 405 lineal feet of 8 A.C.P.
water main, hereinafter called "FACILITIES, " to serve the develop-
ment at 16248 Pacific Coast Highway and adjacent properties; and
FACILITIES have been constructed in conformance with the
plans and specifications approved by the Director of Public Works
of CITY; and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse CHAI for a portion of the cost
of the construction of FACILITIES as provided in Huntington Beach
Municipal Code, Section 14. 20.060.
AGREEMENT
.NOW,. THEREFORE, in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows:
1. CONSTRUCTION.
CHAI has constructed FACILITIES at .a total cost of
$10,475. 06, to serve 16248 Pacific Coast Highway and adjacent
properties. Attached hereto as Exhibit "A, "and by this reference
made a part hereof, is a map of the area served by FACILITIES.
2. DEDICATION.
CHAI has dedicated FACILITIES to CITY.
r
3. REFUND.
The maximum refund to be paid to CHAI under this agree-
ment is as follows:
Total job cost of FACILITIES . . . . . . . $ 10,475. 00
Less CHAI' s portion . . . . . . . . . . . 7,761.90
Gross refundable . . . 2,713. 10
Less 10% per Code Section 14. 20.060(c) 271. 31
Net _refund . . . . . . . . . . . . . . . $ 2,441.79
Refunds shall be payable for a period of five (5) years
from the date of CHAI' s application and shall bear .no interest.
Refunds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be.made by CITY to CHAI until the Director
of Public Works. shall certify in writing to the Finance Director
r
that CHAT is entitled to, a refund. by reason of connection having
been made to FACILITIES in accordance with the Huntington Beach
Municipal Code, and that CITY has received the water service fees
from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed:by CHAI is required as a condition of development to
construct additional facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreement,
and no fees shall be due CHAI by reason of such construction and
credit.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to .or concurrent with
development, CITY may enter into an agreement with said developer
stating that said developer is obligated, not only to the CITY but
to CHAI and to developers who have previously contributed to the
-2-
cost of construction of facilities constructed hereunder, to
deposit said fee with CITY.
6. LIABILITY OF CITY.
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by CHAI.
CITY''s refusal to allow any connection or connections
into FACILITIES constructed by CHAI shall not make CITY liable
for any refund which might have accrued to CHAI if such connection
had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of .connection fees and shall not be
liable to CHAI for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall not be required to pay attorney's fees or
court costs for any breach of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above written.
-3-
CITY OF HUNTINGTON BEACH,
a municipal corporation
b
0
Mayor
APPROVED AS TO FORM:
Citq, Attor y
ATTEST: INITIATED AND APPROV
i C Director of Public Works
REVIEWED AND APPORVED: KING Y. CHAI
an individual
Acting City inistrator
Kiftg Y.Chi
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;,ne CITY OF HUNTINGTON BEACH
Lj2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Paul E. Cook Public Works Departmeit
Director October 2 , 1980 (714) 536-5431
Mr. King Y. Chai
K & S Development Company
751 25th Street
Santa Monica, CA 90402
Re: Reimbursement Agreement for Construction of 8 Inch AC Water
Main at 16248 Pacific Coast Highway in Huntington Beach, CA
Dear Mr. Chai :
Enclosed for, your review and approval is reimbursement agree-
ment 80-W2 . The only item of your project at 16248 Pacific Coast
Highway eligible for reimbursement is the 8 inch AC waterline.
Of the 405- lineal feet to be constructed, 208 . 70 feet will fr:,-;nt
adjacent properties. Therefore, the cost of constructing 208•, 70
lineal feet is a reimbursable item. Upon completion of construction
and prior to any City reimbursement, a copy of all paid invoice;
for the construction of the 405 lineal feet of 8 inch AC waterline ,
must be on file in the Public Works Department.
Should you have any questions or concerns regarding this reim-
bursement agreement, please contact Don Noble of this office at
area code (714) 536-5431.
Very truly yours ,
Geo e Tindall
City Engineer
GLT:DN: lw
cc : Ed Elevatorski
Bruce Gilmer
Don Noble
REIMBURSEMENT AGREEMENT .80-W2
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered .into this 30th day of
September .1980, by and between the CITY OF HUNTINGTON -BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY, " and KING Y. CHAI , an individual, . hereinafter
referred to as "CHAI. "
R E C I T A L S
WHEREAS, CHAI , .pursuant to his..agreement with CITY, has , at
his own cost and expense, constructed 405 lineal feet of 8 A.C.P.. .
water main, hereinafter called. "FACILITIES, " to serve the develop-
ment at 16248 Pacific Coast Highway and .adjacent properties;. and
FACILITIES have been constructed in conformance with the
plans and specifications- approved by the Director of Public Works
of CITY; and
.FACILITIES have been dedicated to CITY; and
CITY .now desires to reimburse CHAI for a portion of the cost
of the construction of FACILITIES as provided in Huntington Beach
Municipal Code, -Section 14. 20. 060.
AGREEMENT
NOW, THEREFORE, .in consideration of the covenants and agree-
ments herein contained, the parties hereto agree as follows :
1. CONSTRUCTION.
CHAI has constructed FACILITIES at a total cost of
$10, 475. 00 , to serve 16248 Pacific Coast Highway and adjacent
properties. . Attached hereto as Exhibit "A, "and by this reference
made a part hereof, is a map of the area served by FACILITIES .
2 . DEDICATION.
CHAI has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to CHAI under this agree-
ment is as follows:
Total job cost of FACILITIES . . . . $ 10 , 475 . 00
Less CHAI ' s portion . . . .. . . . . 7 ,761. 9.0
Gross refundable . . . . . . 2 ,713. 10
Less 10% per Gode•Section 14 . 20 . 060 (c) 271". :31
Net refund . . : . . . . . . . . . $. 2 ,441. 79
Refunds shall be payable for a period of five (5) years
from the date of CHAI ' s application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR.
No refund shall be made by CITY to CHAI until the Director
of Public Works shall certify in writing to the Finance Director
that CHAI is entitled to a refund by reason of connection having
been made to . FACILITIES in accordance with the Huntington Beach
Municipal Code, and that CITY has received the water service fees
:from the area served.
5. SUBSEQUENT DEVELOPERS .
If. a developer who develops property served by FACILITIES
constructed by CHAI is required as a. condition of development to
construct additional facilities, CITY may allow said developer
credit toward the per acreage fee consistent with the agreement,
and no fees shall be due CHAI by reason of such construction and
credit.
In the event CITY does not require a developer to deposit
the water service. fees with the CITY prior 'to or concurrent with
development, CITY may enter into an agreement with said developer
stating that said developer. is obligated, not only to the CITY but
to CHAI and to developers who have previously contributed to the
cost of construction of facilities constructed hereunder, to
deposit said fee with CITY.
. 6. LIABILITY OF CITY.
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by CHAI .
CITY' s refusal to allow any connection or connections
into FACILITIES constructed by CHAI shall not make CITY liable
for.'any refund which might have accrued to CHAI if such connection
had been permitted.
7 . CONNECTION BY PUBLIC AGENCY.
CITY, retains the right to allow a connection by a public
agency exempted from payment of connection fees . and shall not .be
liable to CHAI for refund because of said connection.
8. ATTORNEY' S FEES.
CITY shall not be required to pay. attorney' s fees or
court costs for any breach of this agreement.
9 . ENTIRETY.
This agreement contains the entire agreement between the
parties hereto. .
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above written.
-3-
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
APPROVED .AS. TO FORM:
City Attorney
ATTEST: INITIATED AND APPROVED:
City Clerk Director of Public Works
REVIEWED AND APPORVED: KING Y. CHAI
an individual
Acting City Administrator . by
King Y. Chai
-4-
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See.
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Map on File
with City Clerk
R Le W Z'
i, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
November 14, 1986
Mr. King Y. Chai
16240 Pacific Coast Highway
Huntington Beach, CA 92649
Dear Sir:
Please be advised that we will be unable to reimburse you for new
development on Pacific Coast Highway because fees for those connections
were not due and payable until after the expiration date of Reimburse-
ment Agreement 80-W2 .
Said agreement expired on September 30 , 1985 . The fees for Lots 9 and
ll 'were not due until April 24 , 1986 and May 19 , 1986 respectively.
Consequently no reimbursement fees were collected because we were un-
able to assess the developer under the terms of a defunct agreement.
Sincerely,
Les Evans
City Engineer
LE:WAP:JS:dw
•
J.
"le
HUNTINGTON BEACH
FROM THE DESK OF
BILL PATAPOFF
Public Works Department
n7y
cJ
K&S
DEVELOPMENT CO.
A CALIFORNIA PARTNERSHIP
Director of Public Works November 4, 1986
Public Works Department
City Of Huntington Beach, California
Dear Sir:
As I noticed that 16232 Pacific Coast Hwy,Huntington Beach, Lot 9 was developed
under use permit No; 82=35 in 1982 - 1983 and .the 16222 Pacific Coast Hwy,
consist of Lot 11 is currently under developing a motel structure.
According to the Re-imbursement agreement 80-W2, may be we are entitled to
get re-imbursement from both developers. Would you be kindly check into
these two cases and if you find they shall reimburse us, please make a
proper treatment of these two cases.
.Very sincerely yours,
''�� R E C
King Y Ch. ai
16240 Pacific Coast Hwy ��J
Huntington Beach, California 92649
K&S Development Co. A California Partnership. 16240 Pacific Coast Hwy., Huntington Beach, CA 92649
REIMBURSEMENT AGREEMENT 80-W2
WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this 30th day of
September 1980, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY, " and KING Y. CHAI, an individual, hereinafter
referred. to as "CHAI. "
R E C I T A L S
WHEREAS, CHAI, pursuant to his agreement with CITY, has, at
his own cost and expense, constructed 405 lineal feet of 8 A.C.P.
water main, hereinafter called "FACILITIES, " to serve the develop-
ment at 16248 Pacific Coast Highway and adjacent properties; and
FACILITIES have been constructed in conformance with the
plans and specifications approved by the Director of Public Works
of CITY; and
FACILITIES have been dedicated to CITY; and
CITY now desires to reimburse CHAI for a portion of the cost
of the construction of FACILITIES as provided in Huntington Beach
Municipal Code, Section 14. 20.060.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants - and agree-
ments herein contained, the parties hereto agree as follows:
1. CONSTRUCTION.
CHAI has constructed FACILITIES at a total cost of
$10,475. 00, to serve 16248 Pacific Coast Highway and adjacent
properties. Attached hereto as Exhibit "A, "and by this reference
made a part hereof, is a map of the area served by FACILITIES.
2. DEDICATION.
CHAI has dedicated FACILITIES to CITY.
3. REFUND.
The maximum refund to be paid to CHAI under this agree-
ment is as follows:
Total job cost of FACILITIES . . . . . . . $ 10,475. 00
Less CHAI' s portion . . . . . . . . . . . 7 ,761. 9.0
Gross refundable . . . . . . . . . . . 2,713. 10
Less 10% per Code Section 14 . 20. 060 (c) . 271. 31
Net refund . . . . . . . . . . . . . . . . $ 2,441.79
Refunds shall be payable for a period of five (5) years
from the date of CHAI ' s application and shall bear no interest.
Refunds shall not exceed ninety percent (90%) of off-
site construction costs.
4. CERTIFICATION TO FINANCE DIRECTOR:
No refund shall be made by CITY to CHAI until the Director
of Public Works shall certify in writing to the Finance Director
that CHAI is entitled to a refund by reason of connection having
been made to FACILITIES in accordance with the Huntington Beach
Municipal Code, and that CITY has received the water service fees
from the area served.
5. SUBSEQUENT DEVELOPERS.
If a developer who develops property served by FACILITIES
constructed by CHAI is required as a condition of development to
construct additional facilities, CITY may allow said Clav'eioper
credit toward the per acreage fee consistent with the agreement,
and no fees shall be due CHAI by reason of such construction and
credit.
In the event CITY does not require a developer to deposit
the water service fees with the CITY prior to or concurrent with
development, CITY may enter into an agreement with said developer
stating that said developer is obligated, not only to the CITY but
to CHAI and to developers who have previously contributed to the
-2-
cost of construction of facilities constructed hereunder, to
deposit said fee with CITY.
6. LIABILITY OF CITY.
CITY shall not be liable for payment of any refund by
reason of its failure to collect or receive from any person the
service fee for connecting into FACILITIES constructed by CHAI.
CITY' s refusal to allow any connection or connections
into FACILITIES constructed by CHAI shall not make CITY liable
for any refund which might have accrued to CHAI if •such connection
had been permitted.
7. CONNECTION BY PUBLIC AGENCY.
CITY retains the right to allow a connection by a public
agency exempted from payment of connection fees and shall not be
liable to CHAI for refund because of said connection.
8. ATTORNEY'S FEES.
CITY shall not be required to pay attorney' s fees or
court costs for any breach of this agreement.
9. ENTIRETY.
This agreement contains the entire agreement between the
parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date and year first above written.
-3-
CITY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
APPROVED AS TO FORM:
ity Attorney
i
ATTEST: I TIATED AND APPROVED:
City Clerk Director of Public Works
REVIEWED AND APPORVED: KING Y. CHAI
an individual
Acting City Administrat r by
. King Y. Chai
-4-
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L - �
ITV OF HUV TING
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 9266-8
Paul E. Cook Public Works Departr-nent
Director October. 2 , 1980 (714'; 536 54:i1
I
i
Mr. King Y. Chai
K & S Development Company
751 25th Street
Santa . Monica, CA 90402
I
Re: Reimbursement Agreement .for Construction of 8 Inch AC eater
Main at 16248 Pacific Coast . Highway in Huntington Beach, :A
Dear Mr. Chai :
Enclosed for your review and approval is reimbursement agree-
ment 80-W2 . The only item of your project at 16248 Pacific Coast
° Highway eligible for reimbursement is the 8 inch AC waterline.
Of the 405- lineal feet to be constructed , 208 . 70 feet will fr ;nt
adjacent properties. Therefore, the cost of constructing 208 . 70
. lineal feet is a reimbursable item. Upon completion of construction
and prior to any City reimbursement, a copy of all paid invoiceL,
for the construction of the 405 .1ineal feet of 8 inch AC wate.- ine ,
must be on • file in the Public Works Department.
Should you have any questions or concerns regarding this r-1._im-
bursement agreement, please contact Don Noble of this office a-c
area code (714) 536-5431.
Very truly yours , . .
ww �i 11nfC•:4r�iJ f.'....
Geotge Tindall
City Engineer
GLT:DN: lw
cc : Ed Elevatorski
Bruce Gilmer
Dori Noble
REQUEST FOR CITY COUNCI; ACTION
Submitted by Paul E. Cook -`_ -- Department Public Works
Date Prepared October 24 , 19 80 Backup Material Attached Q you � No
Subject Reimbursement Agreement 80-W2 (King Y. Chai) .
City Administrator's Comments
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue:
Mr. King Y. Chai seeks approval of Reimbursement Agreement 80-W2 for the
construction of 405 lineal feet of 8 inch A.C.P.; water main to serve his de--
velopment at 16248_ Pacific' Coast Highway and adjacent properties .
Recommendation:
Approve the agreement which establishes'a maximum possible reimbursement
of $2 , 441. 79 .
Analysis:
Mr. King Y. Chai will construct 405 lineal feet of 8 inch water main to
serve his development at 16248 Pacific Coast Highway and adjacent proper-
ties. Facilities will be -constructed in conformance with plans and
specifications approved by the Director of Public Works.
Funding Source:
Reimbursement will be made from water connection fees collected from
builders who develop the adjacent properties.
PEC:DRN: jy.
Plo 3178
CITY OF HUNT,INGTON BEACH �N
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To George Tindall From Dan T. Villella
City Engineer Acting Director of Finance
Subject Account Numbers for New Reimburse- Date November 10, 1980
ment Agreements
: s
When collecting fees for the following reimbursement agreements, please use these
account numbers:
RA 80-S2 Mola Development
2431 - RA 80-W2 King Y. Chai
Dan T. Villella
Acting Director of Finance
DTV/MA/cg
E C E I V E D
DEPT. OF PUBLIC W0PKS
NOV 10 1980
HUNTINGTON BEACH. CALIF
Col'/, Pv 7. k c�
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t.
x 13 sic,2,77
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--vs-A,�' 8^� C?(h 0,
Q>
CONT. LIC. #345941 . TEL. 213 334 2081'r
K & S DEVELOPMENT CO.
KING Y. CHAI -
GENERAL CONTRACTOR
751 25th ST.
SANTA MONICA, CA. 90402
1 '
i
14 PLUMBING CO . , INC .
CONTRACTOR'S LICENSE # 131585
1456 EAST HILL STREET LONG BEACH, CALIFORNIA 90806 213 / 426-1725 636-6945
9 September 1980
K.& S. Development Company
751 25.th Street
Santa Monica, California 90402
Attention: Mr. King- Y Chai
Re.feren:ce: . 16248 Pacific Coast Highway
8" Water Main Extension
Gentlemen:
We. are pleased to submit our lump sum quotation in the amount of'.
Twenty five thousand nine hundred dollars & 00/100
. ($25,900.00)
to accomplish referenced project.
This project to include:
1. ' 405' of 8" AC Water Main $ 14,500.00
2.. Necessary Connection 3,700.00
3. Excavation and Backfill 4,500.00
4. One 2". Water Meter 2,500.00
5. City Permits 700.00
$ 25;900.00
Per plans and specifications.
We exclude:
1
1. State Permit
2. Removal or Replacement of A.C. Paving or Concrete
3. Meters and or Connections Not Shmm
�t
144 o 4op4LOu CO . , INC .
CONTRACTOR'S LICENSE# 131585
1456 EAST HILL STREET • LONG BEACH, CALIFORNIA 90806 • 213 / 426-1725 • 636-6945
K.&S. Development Company
8" Water Main Extension
- Page 2
We appreciate this opportunity of quoting on your project and hope
we may be of service.-
Very Truly Yours
Advance Plumbing Contractors, Inc.
Brian Whitney
Project Manager/Estimator
BW:las
PROPOSAL
Sept. 16, 1980
G.R.P. Construction
16862 Blanton #G.
Huntington Beach, Ca. 92649
714-8406282 State Cont Lic. # 377815
Bid To : Job Location
Pacific Coast Hwy.
129 + 50.00 N/W of
Anderson to 131 + 41 .50
N/W of Anderson
(1 ) 400' ACP Class 150 Water Main In Place (67, 525 .00).
(2) 1 Fire Hydrantti'per. Std Plan 607 ($21,100.:00)
(3) 1 2" Water Service W/Metter & Box ($1,450.00).•
(4) 1 8" Gate Valve($485 .-00).
(5) Const. Tie In Per Detail (81_,940.00) rl ,500.00 100% Due
(6) Re-Connect 3,, Existing Water Services 1 .200.00 Why e
Ljg needed.)T o t.al- 14)700.00
(7) Meter & Box Set To Grade When
Curb & Gutter In Place 125.00
(8) Capping Or Removal Of Pipe Not Shown
On Plans Will Be Billed At Cost Plus
80.00 Per Hr. Plus 15%
Compaction by flood & wheel roll
Clorination & leakage, Pressure test & temporary paving
by G..R.P.
Permanent paving & permit fees by others
U4&Mt FW4. ;V&M&N Q
OFFICE: 8242 Poinsettia Drive - Buena Park, CA 90620 - (714) 522-7108
SHOP: 793 North Cypress Street - Orange, CA
Standard Form of Plumbing Bid and Contract
The undersigned plumbing contractor offers and agrees to furnish all labor and materials necessary to
install a plumbing and sanitary system or the alteration or repair of such a system, in and upon the premises
located at L 49 040-c/r—pS: Cog2 e L/1—//'1`n the City of /X/
County of A44MI-6;�Z - , State of `r- A Y , in accordance with
the plans and specifications therefor bearing the signatures of the parties and attached hereto as of the
date of the acceptance hereof, or, if no such plans and specifications are so attached, then, in accordance
with the work to be performed as outlined in the space below; and which said premises are legally described
as being Lot , Bloch Tract or Tract No.—�,
as per map of the same recorded in Book Page of
Records of , County, State of
If not otherwise specified herein, then the following plumbing fixtgres and materials are to be furnished
and installed, to wit:
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/`,-, (�M 1 Z •-T `1 Jam• ,.. ! F�j c7 � � �� /y�(t S'�I�(L 1.. !F-I 1'� �.j 't9® • O C�
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To opening in wall or ceiling.
Sewer
�/� Wafer Heater Vent Through roof.
�—__Water Line Outside Hose Bibbs_Shut-off Valves Gas Openings.
The above work to be performed subject to the terms and conditions herein contained for the sum of
Dollar: (; g 4c7� �� ), payable a: follows:
(1) % of the said contract price when - 10012 t S
(2) !SE % of the said contract price when LU45T`r
(3) and the balance when all of the work has been performed and materials installed, in accordance
with this specification bid and contract:
OR
any other terms, time given, and conditions of payment which the parties may agree upon and which
same shall be in writing and attached hereto. It is provided, however, that in the event no other method of
payment is agreed upon, then any and all compensation for work performed hereunder shall be due and payable
upon the completion of the work to be compensated for.
(OVER)
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THIS OFFER AND AGREEMENT IS CONDITIONED AS FOLLOWS:
1. EXTRA WORK: All extra work or materials, not 7. PAYMENTS ON ACCOUNT: Any payment on
provided for herein shall be charged for at the plumbing account hereunder shall constitute an acceptance of the
contractor's overall cost plus PU _% of such cost which plumbing contractor's work for which such payment was
charge shall become due and payable at the completion of made. Such acceptance shall be subject to approval of work
such extra work. by inspecting authorities.
2. ORDINANCES: All work shall be done in accord-
ance with the laws and ordinances of the community in which 8. GUARANTEES: The plumbing contractor guarantees
such work is done. that all work provided for herein shall be done in a good
and workmanlike manner. No guarantee is made however of
3. COMMENCEMENT AND CONTINUANCE OF any materials or fixtures after the same have been accepted.
WORK: Because of the instability of costs of labor and The plumbing contractor shall not be responsible for the
materials, the contract price of this agreement is based upon costs of re-installing fixtures or materials guaranteed by
the understanding that the plumbing contractor may com- manufacturers.
mence work within 2 C7 _days from date hereof
unless this time limit is extended by mutual consent of all 9. WATER PRESSURES: All plumbing fixtures and
parties" hereto in writing. It is also conditioned that the materials installed are guaranteed to operate on water
construction of the building will proceed in the usual manner pressure of not less than twenty pounds (20 lbs.) and not
without delay and as rapidly as similar buildings are usually exceeding eighty pounds (80 lbs.) per square inch. Where
constructed, and if there is any unusual delay in the con-
the water pressure exceeds 80 pounds per square inch the
struction of the building at any time during the progress of acceptor must protect himself by having a water pressure
this agreement, then the. plumbing contractor may, at his ,
option, by notifying the acceptor in writing, claim reasonable regulator installed at acceptors own expense. In the event
the water pressure exceeds
additional compensation, which said additional compensation pounds per square inch and a
the other party or parties hereto agree to pay upon the Water pressure regulator, nott otherwise provided for herein,
completion of the herein projected work; or, the plumb- is installed at acceptor's order, such installation shall be an
ing contractor may be relieved from all obligations to com- extra as provided in paragraph 1 above.
mence or continue said work any further, as the case may be,
and be entitled to recover the reasonable value of the 10. LOSS DURING CONSTRUCTION-JOB INSUR- ,
work done, if any, without completion of this contract, and ANCE: The plumbing contractor shall not be held liable
the plumbing contractor shall be in no way liable for any for any loss, damage or delay occasioned by fire, settling of
damages whatsoever by reason of his refusal to start or building, strike or other causes beyond his control, and the
continue such said work. acceptor and not the plumbing contractor shall during the
progress of the work maintain full insurance on said work
4. WORK STOPPAGES: If, after the work has been against loss or damage by fire and the policy shall cover all
started, anything does occur that directly or indirectly work incorporated in the 'building and all material for the
prevents or otherwise delays the carrying on of the work as same in or about the premises, and shall be made payable to
specified and over which the plumbing contractor has no the parties hereto as their interests may appear.
control, the plumbing contractor shall immediately be entitled
to and must be paid the full amount of the reasonable value 11. SEWER,WATER, GAS: Unless otherwise specified
of work that has been performed and material furnished. herein, the sewer, water and gas piping lines shall be stubbed
5. PROMPT PAYMENT: The plumbing contractor out in accordance with the laws and ordinances as provided
enters into this contract upon the distinct condition precedent in paragraph (2) above. If no law or ordinance prevails in
that the other party or parties hereto promises that any the community of the structure herein concerned then, in
and/or all payments herein provided shall be promptly made that event, such piping shall be stubbed out at a point most
at the respective times and in the manner herein set forth convenient to the respective extension lines of such piping
and if any and/or all payments herein provided are not and within five feet of the foundation line of the concerned
made at the respective times and in the manner herein structure.
stipulated, the plumbing contractor may, at his option, refuse for 12. CEMENT SLAB CONSTRUCTION. The acceptor
to proceed further with his work and shall in no way be P
liable for any damages whatsoever by reason of such refusal. on all cement slab construction work shall provide proper
In the event that the plumbing contractor abandons the work information for the guidance of the plumbing contractor in
for the reason above stated, the price mentioned for the establishing the partition lines and floor levels. When parti-
completed work shall be disregarded and payment in full tions and floor levels are established by these parties they
for all work performed and all materials furnished will be shall not be changed without due notice to the plumbing con-
immediately due and payable; the value of such work done. tractor. If ground work is started or any plumbing has been
and materials furnished shall be the reasonable value as installed before such notice is given, any change from the
defined in paragraph 13. original shall be charged for as an extra.
6. ATTORNEY FEES: If suit be brought by the 13. REASONABLE VALUE: The term reasonable value
plumbing contractor to enforce the terms of this contract, as mentioned herein shall be defined as: the plumbing con-
acceptor agrees to pay a sum to said plumbing contractor tractor's cost of labor, materials and business overhead,
which the court may adjudge reasonable as attorney fees. plus _ v__.% net profit on such total cost.
IMPORTANT NOTICE: Blank spaces in paragraphs 1, 3 and 13 ma>t be filled in.
Accepted at City, State of _
this---.day of--- I.9 9�7 f/�n
Dated:
011�_' 0 IF I I
Acceptor - (signature) (title)
�� Tg44.
Address LICENSED PLUMBING CONTRACTORS
OFFICE SHOP
8242 Poinsettia Drive '-?TSfJ. Cypress
BUENA PARK, CALIFORNIA 90620 ORANGE, CALIFORNIA
(714) 522-7108