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Home My WebLink AboutMayfair Construction Company - Reimbursement Agreement 75-D1 �� U S r—) 2;/ 4 4- die'o L49 Gam.. L-" I " ti Ia, ,STRIAE • COMMERCIAL • -RESIDEN- i -Zia STATE LICENSR #B246M Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 December 29, 1975 Ci 'e e p' r � ® • �F pUB�,c w�RKB DEC 31 1975 e r. City of Huntington Beach Engineering Department P.O. Box 190 Huntington Beach, California 92648 Re: Compensation for extra work at the Storm Drain — Ellis Avenue and Beach Blvd. Huntington Beach, California Gentlemen: We repectfully submit this request for your consideration and approval. Upon proceeding with the installation of the above storm drain, we were directed by the inspector to lower the storm drain an additional 7 ft (approximately). This required additional ex— cavation, backfill and compaction, additional forming and con— crete work on the catch basin. For this extra work, we quote the sum of $ 19175.00. Very truly y rs, MAYF IR UC -N COMPANY D President WJR:erd cc: Mark C. Bloome Jr. 5555 Sepulveda Blvd. Culver City, California SUBSIDIARY OF MAYFAIR HOMES, INC. imj 77 qoo- -� _-.`_- ' I2��i.-�c��3�� -� O ri--i—�-I�i��'�— u (2�� 1J - • �. _�-1 �47-- -_-- _� -- ' t. --=-.-_�_ _-- --- aoll Ile J VAN WEST BROS., INC. State License No. 157555 15305 S. Lakewood Blvd. — Paramount, Calif. 90723 ME 3-2835 NE 6-4286 Mayfair Construction PROPOSAL 716 E. Edna Place Suite "G" September 25, lg 75 Covina, Calif. Dear Sir: The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: REVISED BID DUE TO PLAN CHANGE 10 Ft . Extra 2711 R .C.P. Extra Depth on Catch Basin Larger pipe intering catch basin. JOB: Mark C. Bloom 18405 Beach Blvd. Huntington Reach , Calif - We will install the 27 inch storm drain including 2 manholes and 1 catch basin as shown on Revised Huntington Beach' s plans for storm drain extension of the north west corner of Rl l i c Ave, and Beach Blvd All of the above work to be completed in a substantial and workmanlike manner for the sum of S psz en t e en ThnncanCj Tun Httindxed ($ 17,200.00 ) Dollars } } arvvu.-:-X-XX ,xX.G1.,nXX9& RS j0&3C# X1XXxXXx}rxxxxxSzxXXXXr )pgrA tXcK ) r�AYcYrYY&&[. The entire amount of contract to be paid within 30 days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully submitted, Van Diest Bros.- Inc Contra o r Pres . By ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date 19 nt1 A /DTI r_ � ' Form 147 FRANK R.WALKER CO..PUBLISHERS.CHICAGO \ VAN DIEST BROS., INC. State License No. 157555 15305 S. Lakewood Blvd. — Paramount, Calif. 90723 ME 3-2835 NE 6-4286 Mayfair Construction PROPOSAL 716 E. Edna Place Suite "G" September 25, 19 75 Covina, Calif. Dear Sir: The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: REVISED BID DUE TO PLAN CHANGE 10 Ft . Extra 27" R.C_ P. ' Extra Devth on Catch Basin _ Larger pipe intering catch basin. { JOB: Mark C. Bloom 18405 Beach Blvd. Huntington Beach , CAlif e will install the 27 inch storm drain including 2 manholes and 1 catch basin as shown on Revised Huntington Beach' s plans for storm drain extension of the north west corner of Fllig Ave. and Beach Blvd. All of the above work to be completed in a substantial and workmanlike manner for the sum of S Pv e n t o on x Thnnsanrl ZATn jdundred 17, 200. 00 Dollars } [ } c�}tyvuvvvvvvvvvv,e � � y 1dtXXXXXXXXXXXXXYYXVTa�SY i } KTio�ilfNc�'tx 'eld. The entire amount of contract to be paid within 30 days after completion. Any alteration or deviation from-the above specifications involving extra cost of material or labor will only be executed upon written orders for. same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully submitted, - Van Diest Bros. Inc. Contra o � - n Pres . BY ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date 19 ..�.� Form 147 � FIFD.IN,J. NU.S.A. - •.• - •• .- . t.. , FRANK R.W^LKM CO..PUlLISHMN&CHICA00 AMERICAN CONTRACTORS INC. No. Proposal8020 E. Compton Blvd. ECIFICATIONS Paramount, Calif. 90723 AND ESTIMATE (213) 630-3179 Siaie Lic, #,:WW3 Page No. / of 1 Pages PROPOSAL SUBMITTED TO PHONE DATE C6WSTi7ICTION CO. 9-25 75 STREET JOB NAME 716 C &ace /nMA C. &WM CITY, STATE AND ZIP CODE Covinju, Catij JOB LOCATION /8405 /3each &wt flu2t .oR Each. ARCHITECT DATE OF PLANS JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of: ice #o cha ige in plane on. #6, .au&u; a hero pwplada 1. TO;[LC &d.- $18,088.00 WE PROPOSE hereby to furnish-maate_�r-�ial-�a-�n—�d-�labor—complete in accordance with above specifications,for the sum of: nr� _i— eA ;MouOf2rid a dollars(g 18j,M.w ). Payment to be made as follows: PAog1m"&e pacynew6d All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from Authorized above specifications involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.Our workers are fully Note:This proposal may be covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted. You are atithorized to do the work as specified. Payment will be Signature made as outlined above. Date of Acceptance: Signature Proposal No. ECIFICATIONS AND ESTIMATE Page No. of Pages PROPOSAL SUBMITTED TO PHONE DATE n ' STREET JOB NAME CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of - - -- - • A WE PROPOSE hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: ). Payment to be-made as follows: dollars(S All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from Authorized above specifications involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.Our workers are fully Note:This proposal may be covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL_- The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be Signature made as outlined above. Date of Acceptance: Signature INDUSTRIAL • COMMERCIAL • RESIDENTIAL STATE LICENU #B246M Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 September 25, 1975 City of Huntington Beach P.O. Box 190 Huntington Beach, California Re: Storm Drain, Beach Blvd. at Main Mark C. Bloome Facility Gentlemen: This proposal supercedes our proposal dated September 8, 1975, to install above storm drain. We propose to furnish labor, materials and equipment as required to construct the above mentioned storm drain as per the latest drawing and specifications for the total sum of Seventeen Thousand and Two Hundred Dollars and 00/100 ($17,200.00) . Changes includes lowering line and catch basin one and one—half foot. It is respectfully requested a purchase order be issued as soon as possible. Very truly yours, MAYFAIR CONSTRUCT OMPANY W. R Pr sident WJR:erd SUBSIDIARY OF MAYFAIR HOMES,INC. Vo61a W�l1�tE-- ?w City of Huntington Beach P.O. BOX 190 CALIFORNIA 92M OFFICE OF THE CITY CLERK October 14, 1975 Mayfair Construction Company 716 Edna Place, Suite G Covina, dijiifornii Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held Monday, October 6, 1975, approved a Reimbursement Agreement between the. City and your firm for drainage facilities to be built in Drainage District No. 9. We are enclosing a duly executed copy of the agreement for .your records. Sincerely yours, Alicia M. Wentworth City Clerk AMW:CB:tlo Encl. from the desk of FAMES GEORGES IWO PETROLANE INCORPORATED 1600 EAST HILL STREET LONG BEACH, CALIFORNIA 90806 . .. :,ti •a•i s ,... -z:• .a,. .- ., :_.;: : .:�;.••. '_ t. ."_;, . .:427-5471. . VINCENT D, ASHBY/Corporate Counsel hCCf`r2'f_%E1 1.?., 1978 s+' N P,`�`''� I.hr. Uar_r..en. Jr. 11a1.1 City Tr^wisur.cr � C City of Nunti ngton P.Ctac1" C. Pox. 711 !it.0 Uvn-ington .•ea&�I, C l.ifornie-�) �t26A� Q % T"le: FIT T j;R.3 1. �1.':rj� �1-r_ YL`j.?�,�?*,. 0.To� 7�.�D 1 ,o�,:r r3r. 34<:11 Ftirsuant, to your. letter of fiov crlber_ 21 , i"7 S and tha of.. ,Taries Ccorgos datej. ! No.vem.ber 22, 1.978, wheroin you rc.q ucnted .c ;°idenc e. cif ?^s yT,.ient- of the Y 4.5 0. 01) ma c: to t}-ie 10.r.anrlc ..0 t t i-:n7.'�,n ion District i 3, i':Ioni.,c I-iC1. the fr.c^t Cit of ?'tt*:t i Anton �•cach ? tnvnice fro!Ti Chestor C. Sm-5 4). i?y� Ftii �,r_-•{+} c_ 3. Cneci, i''t ucl.`.er _^:ror:t •cir}_ C. I:'-! Clo. tl C-haSter C. i:l] th. A s : ore .-cn csept.ecl I)- ^hicstcr-- c. S)!T.dt1,0s. of- ice" n` rc>rt. it �.ir.cctly to tiiG t a.riotis a�}c�r,c Es, iI?C1.tIc?1.I?ij trj the- Ci•i.17 of I`u tihatoh' L3c�-,c.h for t',.c 0-range Coun'.v San;_ .'i itz-lct r' in the amount of � 4.50. r"' Vr,1�s. 1: cxr,ei�Y'_;E_r. car: Hho, Cash lRe.'«c=7_T t -fr..rin, your o.f"f:.t.co, ?otd-.e? t'!'C, .. .� . l:;ci icvi✓ f. .«` ti:r.y u�.�:,Y:. .r�ecc,i �t:. si.a�s�iticx t}��,, �;,c�ni��= :.c.c_:i�r�.:�.. ...-��-`i l.s f:• ;t"".C^ r . r'.� i '!'_L` 1 _:;�r. .i_C iti?�t `''.1.��:i1'_ `-1:.:- Ci'�.T.. `j..�.. l ocve�%e:, I `I_av< rc'cr�aetited.� from ter.' Sr?ith a�cor,y o"~the can- ' C`i l icil --Cchec , both sides, and 4eill forward `_'hat to ou as- J.1' e::\-"i.?31 C:, i";E1.1.C::':% .-IJ'•.c i nrn.j car: 1 `' r' 1 _lr. �:r: "" %•?��1C:� �f'� 1:''t r•..., _ ''O. � i+.. . .T�r'f':� h'�': `°I:; .. . :?Ca.�.!. .,°�_�. C':j'. . I. NGTON BEACH I/ �' CITY OF HUN�1 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To F. B. ARGUELLO From JAMES GEORGES Director of Finance Deputy City Attorney Subject REIMBURSEMENT AGREEMENT 75-Dl Date September 18 , 1978 Please make a payment in the amount of $12 ,319 to Mark C . Bloome Co . , Petrolane, P. O. Drawer 1410 , 1600 East Hill Street, Long Beach, California 90801 . This amount represents payment due to Mark C . Bloome Co . under Reimbursement Agreement No . 75-D1. Attached is an assignment from Mayfair Construction Co . to Mark C . Bloome Co . assigning all rights , title and interest under Reimbursement Agreement No . 75-D1, dated June 8, 1976 , to Mark C . Bloome Co. Under the reimbursement agreement , the City owes Mark C . Bloome Co. $16 ,537 . 50 . Subtracted from this amount is $4 ,218 . 50 offset .in drainage , water and sewer fees which Mark C . Bloome Co . owes the City . The net therefore, is $12 ,319 .' Mr. Warren Hall ' s records indicate that the offset should be $4 ,668 . 50 - in other words , an additional $450 . However, the Public Works Department has records indicating that Mark C . Bloome Co . .has paid $450 with regard to the County Sanitation District #3 . Therefore, the accurate offset is $43218 . 50 . Other correspondence directly related to this subject matter is a memo from Warren Hall to Gail .Hutton, dated July 11 , 1978.; memorandum opinion, dated June 9 , 1978 , from James Georges to Art De La Loza; a letter to Petrolane from James Georges , dated April 4 , 1978; a memo from Art De La Loza to Hutton and Georges , dated June 27 , -1978; and a letter from Petrolane to Warren Hall dated July 3 , 1978 . 1. Attached is a copy of the assignment and Petrolane ' s letter addressed to me , dated September 1, 1978 . Your department already has a copy of Reimbursement 75-D1 . Thank you for your cooperation. YAM GEORGES Assistant City Attorney JG yr. cc : Director, of Public Works City Treasurer John Whipple , Public Works Art De. La Loza, Contracts Administrator City Attorney Vincent D. Ashby E 2 . i i f �� NCity of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 THE OFFICE OF THE CITY ATTORNEY (714 ) 536-5555 July 18, 1.978 Petrblane Mr. Vincent D. Ashby P. O. Drawer 1419 1600 East Hill Street Long Beach, CA 90801 Re : Reimbursement. Agreement No. 75-Dl Dear Mr. Ashby : This is a follow-up to my April 4, 1978 letter to you in which I stated that as soon as the city receives a written assignment from Mayfair to Bloome, then the city can expe- dite payment to Bloome . We have received the assignment that we requested. However, the assignment makes reference to Reimbursement Agreement 75-Dl dated October 14 , 1975 . As you will recall, a new Reimbursement Agreement again labeled 75-Dl dated June 8, 1976, was executed between Mayfair Construction Company and the city in which at the end of the Reimbursement Agreement specifically states that it rescinds the October 14 , 1975 Reimbursement Agreement 75-D1. I am very sorry to trouble you with these legal technicalities , but the written assignment we have received which assigns Mayfair rights to Bloome , is really assigning nothing, because what it actually assigns is a rescinded reimbursement agree- ment dated October 14 , 1975 . In actuality, there has been an assignment of nonexisting rights . Would you be so kind as to have Mayfair re-execute the identical assignment of the copy that I have attached hereto and merely change the date "October 14 , 1975" to , "June 8, 1976 . " In this manner, Mayfair Construction will, in fact , actually be transfer- ring its reimbursement rights under 757D1 dated June 8 , 1976 . As soon as we receive this properly dated assignment, we will Letter to Petrolane July 18, 1978 Attention: Mr. Vincent D. Ashby Page 2 Re : Reimbursement Agreement 75-Dl expedite the payment to Mark C . Bloome, $12, 319 which represents $16 , 537 . 50 under said reimbursement agreement less $4 ,218. 50 offset in drainage , water and sewer fees which MaPk C . Bloome owes the city . . Mr. Warren Hall, City Treasurer, has records indicating that the offset should. be $4 ,668 . 50 , in other words , an additional $450 . However, the Public Works Department has records indicating that Mark C. Bloome has paid $450 with regard to the County Sanitation District No. 3. Our agree- ment with the County Sanitation District is that the city will forward to the County Sanitation District 95% of the monies collected and the city keeps. 5% for collection serv- ices . Ninety-Five percent of $450 is $427 . 50 , and 5% of $450 is $22. 50 . Four-Hundred Twenty Seven Dollars ( $427. 50 ) plus .$22 . 50 equals $450 , which Mark C. Blooms has already _ paid. Therefore , the accurate offset. is $4 ,218 . 50.. Very truly yours , GAIL HUTTON Ci Attorney B JAMES GEORGES Deputy City Attorney JG:bc Encl: cc : Bill Hartge , Public Works Director John Whipple, Public Works Administrative Aide Warren Hall, City Treasurer Art De La Loza, Contracts Administrator ASSIGNMI NT T}IIS. ASSIGNP4ENT, made this 25th day of. April, 1978 ,E by MAYFAIR CONSTRUCTION COMPANY ( "Assignor" ) to HARK C . }3LOOi-1L•' CO. ( "Assignee" ) . Fo*r valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor' s right, title and interest in and to that certain Reimbursement Agreement No. 75-DI , by and b ween the City of Huntington Beach and Assignor, as Builder, dated October 14 , 1975 . A copy of the. said Agreement: is attached hereto marked Exhibit "A" and. made part hereof . ("Reimbursement Agreement" ) . o Assignor, by virtue of this Assignment, grants to Assignee the right to the payment and recovery of any monies due Assignor under the Reimbursement Agreement. Assignor, further, to the best of its knowledge and belief, warrants that the Reimbursement Agreement is assignable and is in full force and effect at the time of this Assignment. IN WITNESS WHEREOF, Assignor does hereby cause this Assignment to be executed on the day first above written. ASSIGNOR MAYFAIR CONSTRUCTION COMPANY By W. J Reid, President y �� J/;O ' Neal , Vice President STATE OF CAI IFORNIA, jCOUNTY OF LOS ANGELES SS. hetorc nu' the undi(sil;lld• i N01-Ir, Public in and for said Stale, personal) appeared l Y kno,vn to me to be the -_-- _.--President, and G(-' -J' (' �jj/,•,y! to be the_---4�,...(J Seem{ar,�f klvml to me the Corporation that cxeculed the ttirithin Insfnnrlent, knm'rrl to me to be file persons �;ho f' executed the �';ithin Insfrumenl, on behalf of III,, Corporation herein nam to me )hat Such CorporalituJ executed the wllhin Inslnnnenf pursuan►r to pits c I iwsledf ed - ='• =._ ;i'�`'� 1(_:;, resolution of its bo,�rdof dircr.tors. WIINESS my hand and official seal. ' it ` \\� �. `i. r, .I. •i. .' r 'i •• I. ii `i ,.. °% ;t• ''rnrn. r�.ril;s fin 1`.;' r /• ' C ( / •.� .01'• nllc inrni ))I krr 1 r�•I,u•�I'1;4dn: ut and fur !aid�Lrlr 1 r• :ri 1Vnh- 141 - � - ' City of Huntington Beach P.O. BOX 711 CALIFORNIA 92648 CITY TREASURER—WARREN G.HALL MEMO TO : John Whipple, Public Works Dept. MEMO FROM: Warren G . Hall , City Treasurer DATE: December 19 , 1978 SUBJECT: Payment or Duplicate Payment of Orange County Sanitation District #3 Fees . There has been a running discussion between the Attorney' s office and my office over whether Mark C. Bloome has settled its account in full for the fees due of $450 . 00 for the Mark C . Bloome location on West side of Beach Blvd . near Main St. intersection. Mr. Ashby, Counsel for the Developer now produces Treasurer 's Receipt No . 021611 , paid by a Chester E. Smith on April 30 , 1975 , recording a $450 . 00 payment for "O .C .S .D .#311 , recorded to Account No . A222 (received for payment to O .C .S .D.#3) with no mention of any location or "Mark C . Bloome as a client. In addition on March 29 , 1978 there was a billing (No . 33640T) originated to Mark C . Bloome in which an additional amount of $427 . 50 was recorded as payable to O .C . S .D.#3 on this account. I have 3 questions to be answered: 1 . Was the payment by Chester E. Smith (4/30/75) in fact recorded as payment of O .C .S .D.#3 fees for the subject development. 2 . If so , why was it rebilled and presumably paid again in March 1978 . 3 . If 1 and 2 above are both true then inform Finance Department by written request to do the following : a . Cancel the receivable balance of $450 . 00 still open in name of Mark C . Bloome . b . Deduct the duplicate payment from the next remittance to O .C .S .D.#3 for the appropriate amount. Please t y tolimplement this investigation so all files may be closed. Warren all WGH/v, cc : /Gail Hutton, City Atty F. B . Arguello , Finance Director USE BALL POINT PEN ONLY—PRESS FIRMLY..,_= ;rr 60%1 a t CASH RECEIPT CITY OF'HUNTINGTON BEACH P.O. BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5511 " CITY TREASURER-WARREN G. HALL " .. DEPT. ISSUING J�ifrf/.:: /r!✓�1!�. 5 DATE •9!2 �_SJ 1 RECEIVED FROM 3 ADDRESS F• i :FOR --i i AMOUNT RECEIVED i CASH O CHECK"�7 ds �G t RECEIVED BY _t ACCOUNT AMOUNT d�1 i _ F .R V TOTAL . r.; NO. Q216 ISSUING DEPARTMENT_ F Pl tl - , �® City of Huntington Beach P.O. BOX 711 CALIFORNIA 92648 CITY TREASURER -WARREN G. HALL MEMO TO : F . B . Arguello , Finance Director MEMO FROM : Warren G . Hall , City Treasurer DATE : January 25 , 1979 SUBJECT: Mark C . Bloome - Invoice # 336463 I enclose all evidence submitted by Mr . Vincent Ashby for Mark C . Bloome . The summary of it is that we the City have probably paid O .C . Sewer District #3 $427 . 50 twice and recorded the 5 per- cent collection commission of $22 . 50 twice . We billed Mark C . Bloome on subject invoice for above items as well as other permits and fees . They had already paid the O . C . Sewer District #3 fees -on April 30 , 1975 on receipt # 021611 . I recommend the unpaid invoice balance be reversed and the next remittance to O .C . Sewer District #3 be reduced by the amount of the duplicate payment. There is als an unaccounted $ 0 . 50 amount which should be written ` ff o clear this old April 1978 item. Warre j Hall City asurer WGH/vt Attachments / cc : John Whipple , Public Works Mr . Vincent D. Ashby, Petrolane OFF!CE OF CITY ATTORNEY P.O.BOX 190 2000 MAIN STREET HUNT NG ON BEACH CALIFORNIA 92648 GAIL HUTTON TELEPHONE City Attorney (714)536-5555 November 22, 1978 Petrolane P.O. Drawer 1410 1600 E. Hill Street Long Beach, California 90801 Attention: Mr. Vincent. D. Ashby SUBJECT: MARK C. BLOOME COMPANY, HUNTINGTON BEACH LOCATION Gentlemen: With reference of your letter dated November 9, 1978, some subject, I talked to Warren Hall, the City Treasurer, and he informs me that the $450.50 payment which allegedly was paid by Mark C. Bloome to Orange County Sanitation District, was in fact never paid. It was in fact paid by the City according to Mr. Hall's records. If you have any evidence of payment, such as a canceled. check, please mail proof of such a 'payment to Orange County Sanitation District in the amount of $450 to either Mr. Warren Hall or to me. Thank you for your cooperation in this matter. Very truly yours, GAIL HUTTON City ttorney by: 14 r E GEORGES /00 Deputy City Attorney GH:JG:cw cc: Warren Hall, City Treasurer John Whipple, Public Works , 1- f AJ city of 1 untington Beach P.O. BOX 711 CALIFORNIA 92648 CITY TREASURER -WARREN G. HALL November 21 , 1978 Petrolane Mr . Vincent D. Ashby, Corporate Counsel P.O . Drawer 1410 Long Beach, Ca. 90801 Dear Sir: In reference to the Mark C . Bloom retail stone at 18455 Beach Blvd . , Huntington Beach, and the . payment of the appropriate . fees for a Certificate of .Occupancy. As your letter . of July 3 , 1978 on this subject stated, you relied on our Mr . James Georges , of the City Attorney ' s Office , figure for the fees of $4 , 218 . 50 and you recognized that my receivable was $4 , 668 . 50 , a differance of $450 . 00 . The dif- ference constitutes the Sewer Connection fee - to Orange County Sanitation District #3 (Orange County Ordinance #303 ) Because .of the confused offset balances due , my records reflect that the City paid. the $450 . 00 fee to Orance County Sanitation District #3 , but have never collected our receivable from Mark C . Bloom. This constituted the misunderstanding on the part of Mr.. . Georges . . The bill is paid but we were not, and .still have not been reimbursed. If you can furnish evidence of payment of the $.450 . 00 fee directly to the Orange County Sanitation District 741-3 , then I will apply for refund of a duplicate payment made by -the City of Huntington Beach on your account. If you did not make pay- ment directly, then we are still owed _`450 . 00 and I would expect your help in obtaining payment : Please call me if you have any questions ( 714 ) 536-5200 . NOTE : We have now applied the amount offset from. your payment to the receivable and your subsequent billing will re- flect $450 . 00 still due . ty . i Petrolane -2- November 21 ,1978 . Mark C . Bloom Fees . Reimbursement Receivable Reimbursement Agreement $ 16 , 537 . 50 full fees - - $ 4 , 668 . 50 Fees Offset ( 4 , 218 : 50 ) offset - - - (4 , 218 . 50 ) Balance Paid Your $ 12 , 319 . 00 Bal . due H. B. $ 450 . 00' Sincere. Warr Hall Cit Treasurer WGH%vt Attach: Copy of letter - H.E.Hartge 2/9/78 (explaining fee of _$4 , 668 . 50 ) cc : Jim Georges Deputy City Attorney John Whipple - Public Works ✓. Wayne Lee - Finance Dept. d Eebruary 9, 1976. Marl. C. I'1001:1e 5555 Sopulveda Ioulevard Culver City, California 90230 Subject: Retail Store at 18455 Beach Boulevard-Public Viorks Dent. Requirements for Approval of Certificate of Occupancy Dear Mr. Bloome: This department }]t]a not approved the release of the Certificate of Occupancy on the subject project for 'the following reasons: 1. Fees Due a. Sewer fee: ✓,429. 00 Clu.nicinal Code 14 . 40. 020) h. Slater fee: /$214 . 50 (Municipal Code 14 . 12 . 0100) C. Drainage fc e: /$3, 575. 00 (ilunicipal. Code 14 . 48 050) d. Orange Coul]ty Sanitil ion District 0 tee :. $450-. 0.0 (Orange County Ordinance d303) It is important to note that the cost of the clrainace facilities, which you built at your expense, will be refunded to Mayfair Construc- tion as provided by reimbursement agreement. 2 . Street Imnrovements Refer to attached. Inspection Report crated January '21 , 1976 (Ordinance S9730. 4) . 3. [-rater System - Refer to attached "Punch List" elated January 29 , 197G (Ordinance S9730 . 4) . The a}_)ov(3 fees and work are required by Municipal Cock and Ordinance as noted. Furthermore, nermits which were issued for the work on the State highway are not complate because all conditions of said permits,. have not been met. We request that you contact this office as to your intent r^_gard- i.ng completion of these items within ten (10) days of the receipt of this letter. Vory truly yours , 111 I1:EDP:jy P-,Icl . Director of PubAic Works Cc : Don 13onfa, City Attorney John Behrens, Dir. Building & .Community Development I CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. ARGUELLO From JAMES GEORGES Director of Finance Deputy City Attorney Subject . REIMBURSEMENT AGREEMENT 75-Dl Date September 18 , 1978 Please make a payment in the amount of $12 ,319 to Mark C . .Bloome Co . , Petrolane, P. 0 . Drawer 1410 , 1600 East Hill Street , Long Beach, California 90801 . This amount represents payment due to Mark C . Bloome Co . under Reimbursement Agreement No . 75-D1. Attached is an assignment from Mayfair Construction Co . to Mark C . Bloome Co . .assigning all rights , title and interest under Reimbursement Agreement No . 75-D1 , dated June 8, 1976 , to Mark C . Bloome Co . Under the reimbursement agreement , the City owes Mark C . Bloome Co . $16 ,537 . 50 . Subtracted from this amount is $4 ,218 . 50 offset in drainage , water and sewer fees which Mark C . Bloome Co . owes the City . The net therefore , is. $12;319 . Mr. Warren. Hall ' s .records indicate that the offset should be $4 ,668 . 50 — in other words , an additional $450 . However, the Public Works Department has records indicating that Mark C . Bloome Co . has paid $450 with regard to the County Sanitation District #3 . Therefore, the accurate offset. is $4 ,218 . 50 . Other correspondence directly -related to. this subject matter is a memo from Warren Hall to Gail Hutton, dated July 11 , 1978; memorandum opinion, dated June 9 , 1978 , from James Georges to Art De La Loza; a letter to Petrolane from James Georges , dated April 4 , 1978; a memo from .Art De La Loza to Hutton and Georges , dated June 27 , 1978 ; and a letter from Petrolane to Warren Hall dated July 3 , 1978 . 1. . t� Attached is a copy of the assignment and Petrolane ' s letter addressed to me , dated September 1 , 1978 . Your department already has a copy of Reimbursement 75-D1 . Thank you for your cooperation. AMES GEORGES i Assistant City Attorney JG:yr . cc : Director of Public Works City Treasurer / John Whipple , Public Works V Art De La Loza, Contracts Administrator City Attorney Vincent D. Ashby 2 . I i U City of Huntington Beach C9 �- P.O. BOX 190 CALIFORNIA 92648 THE OFFICE OF THE CITY ATTORNEY (714 ) 536-5555 July 18, 1978 •6 Petrolane RE C E IV F, Mr. Vincent D: Ashby DEPT. OF PUSLIC WORKS P.O. Drawer 1419 1600 East Hill Street Long Beach, CA 90801 JUL 19 1978 Re : Reimbursement Agreement No. 75-Dl HUNTiNGTON BEACH, CALIF. Dear Mr. Ashby : This is a follow-up to my April 4 , 1978 letter to you in which I stated that as soon as the city receives a written assignment from Mayfair to Bloome, then the city can expe- dite payment to Bloome . We have received the assignment that we requested. However, the assignment makes reference to Reimbursement Agreement 75-D1 dated. October 14 , 1975 . As you will recall, a new ..Reimbursement Agreement again labeled 75-Dl dated June 8, 1976, was executed between Mayfair Construction Company and the city in which at the end of the Reimbursement Agreement specifically states that it rescinds the October 14 , 1.975 Reimbursement Agreement 75-D1. I am very sorry to trouble you with these legal technicalities , but the written assignment we have received which assigns Mayfair rights to Bloome , is really assigning nothing, because what it actually assigns is a rescinded reimbursement agree- ment dated October 14 , 1975 . In actuality, there has been an assignment of nonexisting rights . Would you be so kind as to have Mayfair re-execute the identical assignment of the copy that I have attached hereto and merely change the date "October 14 , 1975" to "June 8, 1976 . " In this. manner, Mayfair Construction will, in fact , actually. be transfer- ring its reimbursement rights under 75-Dl dated June 8, 1976 . As soon as we receive this properly dated assignment, we will Letter to Petrolane July 18, 1978 Attention: Mr. Vincent D. Ashby Page 2 Re : Reimbursement Agreement 75-D1 expedite the payment to Mark C . Bloome, $12, 319 which represents $16 , 537. 50 under said reimbursement agreement less $4 ,218. 50 offset in drainage, water and sewer fees which MaPk C . Bloome owes the city . Mr. Warren Hall , City Treasurer, has records indicating that the offset should be $4 ,668 . 50, in other words , an additional $450 . However, the Public Works Department has records indicating that Mark C. Bloome. has paid $450 with regard to the County Sanitation District No. 3 . Our agree- ment with the County Sanitation District is that the city will forward to the County Sanitation District 95% of the monies collected and the city keeps 5% for collection serv- ices . Ninety-Five percent of $450 is $427 . 50 , and 5% of $450 is $22 . 50 . Four-Hundred Twenty Seven Dollars ( $427. 50.) plus $22 . 50 equals $450 , which Mark C. Blooms has already paid. Therefore , the accurate offset is $4 ,218 . 50 . Very truly yours , GAIL HUTTON Ci At torne y B JAMES GEORGES d Deputy City Attorney JG:bc Encl : cc : Bill Hartge , Public Works Director John. Whipple, Public Works Administrative Aide Warren Hall, City Treasurer Art De La Loza, Contracts Administrator � I • a AS:_i IGNMLNT THIS ASSIGNAIENT, made this 25th day of: April, 1978 ,E by IIAYFAIR CONSTRUCTION COMPANY ( "Assignor" ) to 11AI:I� C . I3000i11, CO. ( "Assignee" ) . For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor ' s right, title and interest in and to that certain Reimbursement Agreement- No. 75-Dl, by and b ween the City of IIuntington Beach and Assignor , as. Builder , dated October 14 , 1975. A copy of the said Agreement is attached hereto marked Exhibit "A" and made part hereof ("Reimbursement Agreement" ) . Assignor, by virtue of this Assignment, grants to Assignee the right to the payment and recovery of any monies due Assignor under the Reimbursement Agreement. Assignor, further, to the best of its knowledge and belief, warrants that the Reimbursement Agreement is assignable and is in full force and effect at the time of this Assignment. IN I.7ITNESS IMEREOF, Assignor does hereby cause this Assignment to be executed on the day first above written. ASSIGNOR �KAYFAIR CONSTRUCTION COMPANY By 42. J': Reid, President ,O' Neal , Vice President STATE OF CAIIFORNIA, it COUNTY OF LOS ANGELES -- ---- - — - - Ss. - - - -- - - - — - ON belore nlc, the unil�fsil;,lr d• iI N(II'lly flu!) !Ic in and for said Stale, ers�nall 19 p y appeared — Anown to me to be the and. to be the-_-- . 6n01t'rl to nle a The Corporation that executed the tvilhin Inshurllenl, knrJlrn to me to be the persons who exer.uled the within Inslruna nl on behalf of 1!lr. (;0rp0ralr0n herein named, and ackn0t,led�0d 10 rile Thal such Corporation ez0culerl Ih0 within hlSlrumerlt pursuant to its uhnu•., or a resolution of its board of direr ors. ;s WITNESS my hand and official seal. 1'i r0111 n• r.j ir:S fill ,. lr-r: AI I,?w I%I I ni.AEI NI -71 Ir,.I,u�1'cbh ..._•.!( _l-- r, m and lux �aid.`il,llr.: kry :I Lr ®� City of Huntington Beach P.O. BOX 711 CALIFORNIA 92649 CITY TREASURER —WARREN G. HALL MEMO TO : Gail Hutton - City Attorney MEMO FROM: Warren G . Hall - City Treasurer DATE: ' July 11 , 1978 SUBJECT: Mark C . Bloome Fees Receivable In attempting to collect $4 , 668 . 50 in fees due the City from Mark C . Bloome I have run into a supposed offset being handled by Jim Georges . I wish to "officially" turn this receivable over to your office for collection. Please note that the amount billed is $4 , 668 . 50 , whereas Mr. Georges- is attempting offset of only $4 , 218 . 50 . Please -note these fees go back to 1976 and should be vigorously pursued. or Te.. may havea Statute of Limitation problem. I turn �� o er to your capable hands . Warre,' Hall WGH .vt A tachment : Letter of 7/3/78 from Petrolane Counsel .- Ashby Re : above subject Copy of Billing Data M.C .B . Invoice # 336463 cc : Art DeLaLoza - Contract Administration / John Whipple - Public Works Ti R� V�it. r�; P.O. Drawer 1410, 1600 E. Hill St.; Long Beach, Calif. 90801 Telephone: (213) 427-5471, Cable: PETROLANE TWX 910-341-6812- VINCENT D. ASHBY/Corporate Counsel July 3, .1978 Warren G. Hall City Treasurer City of Hunting.ton_ Beach. P. 0. Box 711 Huntington Beach, California 92648 Re! HUNTINGTON BEACH INVOICE 336463 Dear Mr. Hall: Your letter of June 28, 1978 addressed to P3ark C. Bloome Co. , regarding the captioned invoice in the amount of $4,6.68. 50 being in default,' has been referred to my attention. This amount was for sewer, water, drainage and sanitation fees for Mark C. Bloome' s location at 18455 Beach Boulevard, Huntington Beach. Please be advised that I have been in contact for several months with the Office of the City Attorney of the City of Huntington Beach. regarding the payment by the City to- Mark C. Bloome of the amount of $16, 537.50 under Reimbursement Agree- ment No. 75-D1. My contact has been with Mr. James Georges, and I enclose a copy of his April 4 , .1978 letter. for your fur- ther information. You will note that in his letter, he states that once they. have received a proper written assignment from Mayfair Construction Company to Mark C. Bloome and the City has' received the assignment, they would expedite the payment. From this payment would be offset the amount of $4 , 2.18.50 that is owed to the City for the drainage, water and sewer fees. It is interesting that that particular amount does not agree with the amount shown in your most recent letter of default. My advice to. you is that. you cause .the expedition of the reim- bursement to Mark C. Bloome and offset .the amount of $4 ,218.50 owed to the City. Unless you can show that your figure is correct, we have relied .on the former number since we were .in- formed by Mr. Georges ' office, Warren G. Hall -2- July 3, 1978 Under the circumstances, we can only defend ourself in any suit that would be filed by the City for the recovery of funds due them. You have given us no choice by. your letter, but it would appear that your payment of the reimbursement dollars would be the most reasonable and sound a ternat've and r the circumstances. e y t u y u Vin hby VDA%c.lg Enclosure cc: James Georges, Esq. Mr. James Dwyer Mr. Jack Wilson Mr. Donald Pletke OFFICE OF °„Urn, CITY ATT' ORN EY P.O.BOX 190 2000 MAIN STREET Sri HUNTINGTON BEACH CALIFORNIA 92648 DON P. BONFA TELEPHONE CITY ATTORNEY (714)536-5261 April 4 , 1978 Petrolane Mr. Vincent D. Ashby P. 0. Drawer 1419 1600 East Hill Street Long Beach, CA 90801 Re : Reimbursement Agreement .No . 75-D1 Dear Mr. Ashby : Although I have answered by telephone your March 9 , 1978 letter to Mr . John Whipple- of the Public Works Department , I am follow- ing up such .response by this letter. In ord.er - for the City to reimburse your client , Mark C . Bloome Company , through Reimburse- ment Agreement No . 75-D1 , it is . necessary that Mayfair Construction , a party to said agreement , assign its rights under Reimbursement' Agreement No .. .75-Dl to Mark C . Bloome Company . Mayfair ' s letter to Mr . Whipple dated December 28 , 1976 , is not a written assign- ment from Mayfair to Bloome . We have discussed this over the telephone and we have- agreed . My records further indicate that your client owes the City $4 ,218 . 50 in drainage, water and sewer fees, and any reimbursement under Agreement No . 757D1 to Mark C . Bloome will be offset in the amount of $4 ,218 ..50 . . I am at a total loss as to how .Mark C . Bloome or Mayfair can obtain the necessary permits to commence construction without having paid drainage, water and sewer fees to the City . These fees must be paid before any reimbursement payments can be made to Mark C . Bloome Co . We will make all efforts -to pay. Bloome the $16 ,537 . 50 .under said reimbursement agreement offset by the drainage , water and sewage fees which our• .r.ecords indicate are .'.owed to the City . Approximately three weeks ago, in our telephone. conversation you stated that the City would receive a written assignment in proper form from Mayfair to Bloome ; as soon as the City receives this assign- ment , we can expedite the payment to Bloome . 'Thank ,you for ,your cooperation. Very truly yours , DON P . BONFA City orney J G : cs By. �.s' �," JAMES GEORGES cc : Hartge 'Deputy City Attorney De La Loza . Whipple CITY OF HUN'IINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Gail Hutton, City Attorney A. De La. Loza To James Georges, Dep. City Attorney From Contracts Administrator . Through: F. .B. Arguello, Director of Finance. Subject Storm Drain Reimbursement Date. June 27, 1978 Agreement 75-D1 The assignment executed by Mayfair Construction Company, Assignor, is an assignment "of assignor's right, title and interest in and to that certain .Reimbursement Agree- ment No. 75-D1 by and between the City of Huntington Beach and Assignor as Builder, dated October 14, 1975." (See attached assignment) . That reimbursement agreement of October 14th has been rescinded according to your memo of .June 9, 1978. There- fore, the .assignment involves nonexistent rights and is of no value to the- assignee, Mark C. Bloome Co. Accordingly, no payment pursuant to your memo of June 9, 1978 can be made at this time unless your office wishes to waive such a defect. Please advise. A. De La Loza Contracts Administrator AD/cg cc: H. E. Hartge.,� J. Whipple REQUEST Vi c:; b I LL I M; TOt DIRECTOR OF FINUCE FROKt H. E: Hartge, Director of Public Works DAM March 28, 1978 BILL: Name Mark C. Bloom Address 5555 Sepulvada Blvd. Culver City, Ca. 90230 see detail below Charge to t see detail below Resolution 9 Contract 0 DESCRIPTION (Attach all backup information) Sewer,Water,Drainacge, and Countv. Sanitati_nn fPPG fnr 18455 Beach Blvd. See attached letter. Fee Amount Account No. Sewer Fee $ 429. 00 L-2004 Water Fee 214 . 50 W-2414 Drainage 3 , 575. 00 M-2147 County Sanitation Dist. 427. 50 A-222 #3 - 22. 50 A-0725 ►c iaL 4668- . 50 Approved: .. Fin/4-11-71 Department Head' A1)_ - 1 ti Vin A& CITY OF HUNTINGTON BEACH 40 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ++-- _V 9"8 Bill Amsbary A. De La Loza �4l� To Asst. City Attorney From Contracts Administra!N�.- Through : F. B. Arguello, Director of Finance �iw; Subject- Mark C. Bloom Co. Date March 17, 1978 Request for Payment Mark C. Bloom has now been assigned the right to collect funds due to Mayfair Con- struction Co. pursuant to an agreement between Mayfair and the City. Please review the attached memo of August 4, 1977 and advise on whether the City should (1 ) pay Mark C. Bloom Co. and (2) deduct $4,000.00 due the City by Mark C. Bloom. A. De La Loza Contracts Administrator AD/cg / cc: Public Works Director � • INTER-DEPARTMENT COMMUNICATION f UNIINGTON BEACH H. E. Hartge A. De La Loza To Director, Public Works From Contracts Administrator Through: F. B. Arguello, Director of Finance Subject R.A. 75-D-1 Date August 4, 1977 Mayfair Construction Company . Pursuant to the request for payment from the above captioned builder., the undersigned, Mr. Amsbary, Assistant City Attorney, and Mr. Whipple of the Public Works Department met and. discussed What the City' s position should be in connection with the request.. It Was determined that the Municipal Code requires that applications for a reimburse- ment agreement may be made only by "the subdivider or person to, whom a building permit has been issued." (Municipal Code Section 14. 48.050) . The building permit in this case .was issued to Mark C Bloom Co._ (Exhibit A) . Therefore, Mayfair Construction•, should not have been a party to the agreement in question. Moreover, since the "real party in interest", Mark C . Bloom, is still indebted to the City to the extent of $4,000:00 in connection with .the same development, it -:could seem that this debt should be collected before payment is made to any party. . Please advise. A. De La Loza Contracts Administrator AD/cg cc: Assistant City Attorney John Whipple •r. �.: ..n I I i 1) 1 N G .1? EY N11 IT For Applicant to Ali fill in N o. 94851 7 'v DEPARTMENT OF CITY OF fu' JOI) �.: .. BUILDING HUNTINGTON BEACH 18455 Beach Blvd. Address {{ NOS- ICE i".'. o I , 'Ik ) Lot �.( . TiTI •(.t f\�O. . Nc . No framing inspection will. he made until the job has of KanCflo Las Bolsas I t'Icase Attach M"Ios and Bo null(2 Cm)w- -_'._--- 4 progressed in a satisfactory manner. Ali City Ordinances, —_ _---. _--- 'y� re(Iu ironic nts, and imposed conditions shall he compiled Owner �'� �,,,�..�• with prior to final inspection. A Certificate of Occupancy Mark C. Broome Co. r't�r :•, ; will.be. issued only when all such conditions have been O,vnel"s h n,et. Adclress 5555 Sepulveda,Culver City r -------------------------..--tom" Doscril-:Iion of VJoI k t_ Use Zone C-4 New _—_-- --- --- ----- -------- ---- - --'---- Use of Retail 1 Sales Zoning pprove Zing Ad by Da" Ruildin(1 e . t: W. Lipps 4/30/7� Aicaof 8,894 sq.ft. Valuation S 115,000 GrouP E 4 l ype 3 N Plan Ck. 5854 Building ,.yrr rks:m Contractor R ea - _— Mayfair Constructidn )• Address 716_ E. Edna Place, id. Covina -- State Lic. No ------ — 1213-530-6313 f"for r anc 246827 FEES INSPECTION RECORD Building I Approval Date I I I)spccI ,r Permit $ 241.50 - -- � _ I 2 6 75 � —Folnulation 120.75 and Location _ !' J, Plat, Paid --- /P/ G - ^:�� Check S I Misc. Rec. No.. Reimorcinu�l • ��+ �;: --- " �ii=�G= _ �i-�. __/..-`_ fir'? �., 005523f ,l' -4- 1iy Permit Prepared by bl Roof S:ity. T� �p.aKatr.,aeI Permit Authorized by J. vogelsat. Date 4/30/75 Rcugi) Frame- ti;.��• I hereby acknowledge that I hate read this ,appiwation and stale Lath or Dryt•lall a,.,+"1• ' lhnt the 8l)UVC IS COI ICCt alld .11lree IO Comply Wilil all Ord lnallGCS ---�-�—�—�----- � , .••� .t W�;1: and State laves regarding huilding construction. Pl;is. Grob+;n CL Cr_ h+-:5•,b: I herehy certify.that i'aroerly registered with and/or licensed Final I )^ I ',ir,::• m pp as Ie(urred by the CitV of Huntington Denr:h and/or Stale of California, or that I am the legal bvvner of the above desUihed ' �r-�}':?,r:,• t property, and I certify that in the performance of the work for which this permit is issued I shall not ernploy any person In violation of the vvorkn)en's compensation laws of the State of VALIDATION BY CASHIER f. ' California.- j.� .. Plan Chcd _ ---_—= 241.50 „S?• '� .'. ..a Bldg. Pt. y 0��7i...=Li/t!L G!zLi • >a t Tel J//:%� _-G' C ��7�� al(y_ o—n I T Routing: (1) Bldg. Inspector (2) Office File (3) Statistics (i) Records (5) O�vi r.r - ..c- ..aura'zone.*a•:sx.•nesnr.�:st;rc ?.'y^..•^,'�'rrs:,'�;,..._.^r ..f,^Grx?,'.:.�t"' .._-^.•.',."T'.'' :T'i..,....... - . - ', EC1TY �} ,eF HuNMap on F. ile T[�N TO�i'. BEACH; ■ with , City Clerk 1 City of Huntington Beach �— P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY ATTORNEY (714) 536-5555 September 28, 1978 Mark C. Bloome Co . c/o Vincent D. Ashby Petrolane P.O. Drawer 1410 Long Beach, California 90801 Re : Reimbursement Agreement No. 75-Dl Dear Mr. Bloome : Enclosed is our check No. 039989 in the amount of $12 ,319 for full payment of Reimbursement Agreement No . .75-D1 . Thank you for your cooperation and patience . This file is now closed. Very truly yours , GAIL HUTTON City rney By ;000 AMES GEORGES lleputy City Attorney JG:bc Encl: � 47' y rkF _ LR.r t.�e+,J�.� 7.�.:�,v',•'r+iA•• +.. ,y.-,,,7Wy.,..+., ,"'..y i- :•S.y, :°:.:4 -rls�e-,.••.,+, •�r,h .'��u;`=- ✓ v'.l"wy •t.,, �`' ++^��: -�+ ^t�9_,A�ir„`•.. 4 .��, '1- '.y.le J.: i CITY OF HUNTINGTON BEACH P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA II DATE P.O. NUMBER GROSS AMOUNT DISCOUNT NET AMOUNT 12r319.00 000 12r319•0 I TOTALS —* 0 90-3254 CITY OF HUNTINGTON BEACH 1222 P.O. BOX 190 HUNTINGTON BEACH,CALIFORNIA rNUMBER 0399 9 PAY TO THE OFDER OF i - DATE NUMBER \ NET AMOUNT MARK C BLOOME: CQ 09.271178 39989 $***12r319•, P 0 DRAWER 1410 LONG BEACH CA 90801 r�lun�rtrl 'ti',^` ,ti 114114 I II i!�III�� 1 °h,.II'I; :I .. CITY OF �4H NN O NAB F "H VOID UNLESS PRESENTED FOR ENCASHMENT II$; WITHIN 90 DAYS FROM DATE OF ISSUE. +'• 't'•':i:•:•�: is�f777 HUNTINGTON BEACH OFFICE • �,GOLDEH STATE BANK �j 6100 WARNER AVENUE '~ HUNTINGTON BEACH.CALIF.92647 •'-'•-•"—� 11003998911' 1: 12 2 21113 2541: 09 00 2 09011' 7- 71 �'•.�,..f4�,H.?4.y,. .�.q^yHr..` v'G:14.1.d-"A a'+^N'.,�`'„ .N l"�.ti.�-�`�^1-. :•a-. r•.V,.�f�'�..:'��i..�l.' P.O. Drawer 1410,1600 E. Hill St., Long Beach,Calif. 90801 Telephone: (213) 427-5471, Cable: PETROLANE TWX 910-341-6812 VINCENT D. ASHBY/Corporate Counsel September 1, 1978 CD James Georges, Esq.Deputy City Attorney City of Huntington Beach P. O. Box 190'2000 Main StreetHuntington Beach, California 92648Re REIMBURSEMENT AGREEMENT NO. 75-D1 Dear Mr. Georges: Please find enclosed the Assignment agreement from Mayfair Construction Company to Mark C. Bloome Co. of all of Mayfair' s rights to the above-captioned .Reimbursement Agreement. In accordance with your letter: of July 18, 1978, it was neces- sary that the agreement dated June 8, 1976 be referred to in the Assignment as the latest of the Reimbursement Agreements with the City of Huntington Beach. This has been done by way of the enclosed Assignment. I am now again requesting that you forward to me the payment due Mark C. Bloome Co. in the amount of $16,537.50, ,less the $4,218.50 offset for drainage, water and sewer fees. This will .leave a balance due Mark C. Bloome Co. in the 'amount of $12,319. 00. I would appreciate your expeditious handling of this matter as I feel that it has gone on far too long. I assume .that there will be no further dela s and that I will be in receipt ,of the City' s check wit 1h th ' next five to. ten days. e y my. y, "s, Vin by VDA/clg Enclosure cc: Mr. Donald A. Metke Mr. Jack P. Wilson Mr. James Dwyer STATE OF CALIFORNIA, ss. COUNTY OF LOS ANGELES j ON August 18, 1978 Ig before me, the undersigned, a Notary Public in and for said State, personally appeared W_ T Reid , known to me to be the ——— President, and W. J. O'Neal , known to me to be the ---------oft star¢s# Vice Presi(1en+- of _ the Corporation that executea the within Instrument, known to me to be the persons who OFFICIAL SEAL executed the within Instrument, on behalf of the Corporation herein named, and acknowledged MARGARET R. ADDY to me that such Corporation executed the within Instrument pursuant to its by-laws or a o NOTARY PUBLIC -CALIFORNIA resolution of its board of directors. LOS ANGELES COUNTY WITNESS my hand and official seal. My comm. expires JUL 12. 1981 Notary Public in and for said State. ACKNOWLEDGMENT—Corp., Pres. & Sec.,Wolcotts Form 223--Rev.3-64 r ASSIGNMENT THIS ASSIGNMENT, made this 21st day of July, 1978, by MAYFAIR CONSTRUCTION COMPANY ("Assignor") to MARK C. BLOOME CO. ("Assignee") . For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor' s right, title and interest in and to that certain Reimbursement Agreement No. 75-D1, by and between the City of Huntington Beach and Assignor, as Builder, dated June 8, 1976. A copy of the said Agreement is attached hereto marked Exhibit "A" and made part hereof ("Reimbursement Agreement") . Assignor, by virtue of this Assignment, grants to Assignee the right to the payment and recovery of any monies due Assignor under the Reimbursement Agreement. Assignor, further, to the best of its knowledge and belief, warrants that the Reimbursement Agreement is assignable and is in full force and effect at the time of this Assignment. IN WITNESS WHEREOF, Assignor does hereby cause this Assignment to be executed on the day first above written. ASSIGNOR 14AYFAIR CONSTRUCTION COMPANY 1 t. By _ J e , President By W. JV O Neal, Vice esident 1 1 1 ASSIGNMENT THIS ASSIGNMENT, made this 25th day of April, 1978, by 14AYFAIR CONSTRUCTION COMPANY ( "Assignor_ " ) to MARK C . BLOOMS CO. ( "Ass,ignee" ) . For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor' s right, title and interest in and ,to that certain Reimbursement Agreement No. 75-D1; by and etwee�n, the City of Huntington Beach and Assignor, as Builder, dated"October 14 , 1975 . A copy of the said Agreement is attached hereto marked Exhibit "A" and made part hereof d � ("Reimbursement Agreement" ) . Assignor, by virtue of this Assignment, grants to Assignee the right to the payment and recovery of any monies due Assignor under the Reimbursement Agreement. Assignor, further, to the best of its knowledge and belief , warrants that the Reimbursement Agreement is assignable and is in full force and effect at the time of this Assignment. IN PdITNESS WHEREOF, Assignor does hereby cause this Assignment to be executed on the day first above written. ASSIGNOR r MAYFAIR CONSTRUCTION COMPANY F� . t .i By i W. J=: Reid, President I � By W. J%;O' Neal, Vice President STATE OF CAI IFOMIA, COUNTY OF LOS ANCELES Ss. I ()N 1 brrlore me, the Undefsigncd, a Nol,lly Public in art Stale,for said Sty 19 ---- , personally appeared ___President, and._ known to rWe to be the I to be the---- SeertlarrofkllewW to me the Corporation that executed the within Instrument, known executed the within Instrument, on behalf of the Corporation herein Warned, and acknowledged to me t0be the ps who erson erson t0 rile that such Corporation executed the within I resolution of its board of directors. nsfrumen t pursuant to its by hnvs of a WITNESS my hand and official s eat. t r • N\ nr.�,r�n�;i i n,her rri 777 Hry fq ary Ih;blic in and for said Coip., Prr , ,S `r,c., Wokotls tnrn, 7 � PETROLANE INCORPORATED 1600 EAST HILL STREET LONG BEACH, CALIFORNIA 90806 427-5471 VINCENT D. ASHBY/Corporate Counsel July 3® 1918 warren Gs Hall ] City Treasurer City of Huntington Beach ' Ps Os Box 711 r Huntington Beach, California 92648 1 Res HUNTINGTON BEACH INVOICE 336463 jDear Mrs Halls Your letter of June 28, 1978 addressed to Mark. C. Blooms Coo , regarding the captioned invoice in the amount of $4,668.50 being in default, has been referred to my attention. This amount was for sewer, waters, drainage and sanitation fees for Mark Cs Bloome°s location at 18455 Beach Boulevard, Huntington Beach. Please be advised that I have been in contact for several months with the Office of the City Attorney of the City of Huntington Beach regarding the payment by the City to bark C. Blooms of the amount of $16,537.50 under Reimbursement Agree- ment No. 75-Di. My contact has been with Mr. James Georges, and I enclose a copy of his April 46, 1978 letter for your fur- ther information. You will note that in his letters, he states that once they have received a proper written assignment from Mayfair Construction Company to Mark C. Blooms and the City has received the assignment® they would expedite the payment. From this payment would be offset the amount of $4,218.50 that is owed to the City for the drainage, hater and sewer fees. It is interesting that that particular amount does not agree with the amount shown in your most recent letter of default. My advice to you is that you cause the expedition of the reim- bursement to bark C. Blooms and offset the amount of $4,218.50 j owed to the City. Unless you can show that your figure is correct, we have relied on the former number since we were in- formed by Mr. Georges' office. O Q2 J> 1W Warren G. -Hall -a- July 3, 1978 Under the circumstances, we can only defend ourself in any suit that would be filed by the City for the recovery of funds due them. You have given us no choice by your letter, but it would appear that your payment of the .reimbursement dollars would be the most reasonable and sound a tar a under the circumstances. ry rul yo , Vi. t VDA/clg Enclosure cc: James Georges, Esq, Mr. James Dwyer Mr. Jack Wilson Mr. Donald Metke OFFICE OF _ u= CITY ATTORNEY _ P.O.BOX 190 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 - DON P. BONFA TELEPHONE CITY ATTORNEY A rll 4 1978 (714)536-5261 P Y Petrolane Mr. Vincent D. Ashby P. 0. Drawer 1419 1600 East Hill Street Long Beach, CA 90801 Re : Reimbursement Agreement No . 75-Dl Dear Mr. Ashby: Although I have answered by telephone your March 9, 1978 letter to Mr. John Whipple of the Public Works Department , I am follow- ing up such response by this letter. In order for the City to reimburse your client, Mark C. Bloome Company, through Reimburse- ment Agreement No. 75-D1, it is necessary that Mayfair Construction, a party to said agreement, assign its rights under Reimbursement Agreement No . 75-Dl to Mark C . Bloome Company. Mayfair' s letter to Mr. Whipple dated December 28 , 1976 , is not a written assign- ment from Mayfair to Bloome . We have discussed this over the telephone and we have agreed. My records further indicate that your client owes the City $4 ,218 .50 in drainage, water and sewer fees, and any reimbursement under. Agreement No . 75-Dl to Mark C . Bloome will be offset in the amount of $4,218 . 50 . . I am at a total loss as to how Mark C. Bloome or Mayfair can obtain the necessary permits to commence construction without having paid drainage, water and sewer fees to the City . These fees must be paid before any reimbursement payments can be made to Mark C . Bloome Co. We will make all efforts to pay Bloome the $16 ,537 .50 under said reimbursement agreement offset by the drainage, water and sewage fees which our records indicate are owed to the City . Approximately three weeks ago, in our telephone conversation you stated that the City would receive a written assignment in proper form from Mayfair to Bloome; as soon as the City receives this assign- ment, we can expedite the payment to Bloome . Thank you for your cooperation. Very truly yours , DON P. BONFA City orney JG :c s Bycc : Hartge ~r �` ,. y .• - ,rT' MES GEORGES De La Loza 4.,beputy City Attorney Whipple 1 . •-N CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ' •To. ART DE LA LOZA From JAMES GEORGES " ,Contract Administrator Deputy City Attorney Subject STORM DRAIN REIMBURSEMENT; Date June .9; 1978 AGREEMENT 75-D1 MEMORANDUM OPINION This is in response to your memo to me dated June 6 , 1978. BACKGROUND: Mayfair Construction Company entered into a reimbursement agree- ment with the City on October 14 , 1975• On June 8, -1976, the parties rescinded that agreement and entered into a new reimburse- ment agreement No . 75-Dlo. Mayfair gave a written assignment of �isrights to Mark Blome, with a copy to e Ci Mar Bloom' ma e a eman forte of nu d, in the amount of $16,537. 50, less $4,218. 50 in an off-set it .owes to the City . QUESTION: Can the developer be reimbursed for installing a storm drain. according to his reimbursement agreement where a condition in his reimbursement agreement states : "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 drainage area to refund BUILDER for the cost of con- .. structing FACILITIES."? -The problem is : what is the definition' of a drainage area? There has been a previous Memorandum Opinion, dated August 4, 1976, addressed to you on this very same subject matter (attached) : Note that the last paragraph of the attached Opinion, in part , states , "It seems that ' drainage area' , in (g) above, is not defined. ` Therefore, this section could not be used as a defense for. payment .to Mayfair. " . It. should also be noted that the drainage facilities installed by Mayfair hook up to existing drainage facilities, so that waters drained from the area flow through the drainage facilities built by Mayfair and on through the attached existing drainage facilities . Therefore, it may be argued that the "drainage area" served by the facilities built by Mayfair is much larger than originally defined. MEMORANDUM OPINION Page Two It is the opinion of this office that Mark C . Bloome, as assignee, should be paid $12,319, which represents the amount in reimbursement agreement 35-D1, which is $16,537. 50 , less an offset of $4,218. 50, which Mark C. Bloome owes to the . City. JAMES GEORGES Deputy City Attorney JG.:ps Attachment cc : H. E . Hartge, Public Works_ Director John Whipple, Administrative Aide APPROVED: GAIL HUTTON City Attorney P.O. Drawer 1410, 1600 E. Hill St., Long Beach, Calif. 90801 ■ Telephone: (213) 427-5471, Cable: PETROLANE TWX 910-341-68'12 VINCENT D. ASHBY/Corporato Counsel May 31, 1978 James Georges Deputy City Attorney City of Huntington Beach, California ,Regarding: Reimbursement Agreement #75-D1 Dear Mr. Georges : PL11-suant to your request I forwarded on May 4 , 1978 an assignment of the above captioned reimbursement agreement from Mayfair Construction Company as assigner to Mark C. Bloome Company. You had indicated that prior to that time that when you received this assignment you would expedite the payment of the $16 ,537 . 50 roinibursement for the construction of the storm drain in Huntington Beach. You were further advised that the city was authorized to off set the amount of $4218. 50 owed to them by Mark C. Bloome Company for their share of certain fees. To date, I have not heard anything from you or the City. of Hunting- ton Beach. I realize that the municipal wheels grind slowly, but I was under the impression from your letters that the matter would be handled as quickly as possible. I am again requesting that you forward the check for the balance of the r imbur e ent ' rectly to my attention for handling with the Mark C. 1 ome mpa Ver ru yours VinD. by VDA/mli cc: James Dwyer, Mark C. Bloome Co. UlqTTORVk�'-� Jack Wilson, Mark C. Bloome Co.Donald Metke O � CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH H. E. Hartge A. De La Loza To Director, Public Works From Contracts Administrator Through: F. B. Arguello Subject Mark C. Bloome Fees Date March 16, 1978 Attached please find a copy of your letter to Mark C. Bloome dated February 9, 1976. It indicates that over $4,000.00 in fees was still due in connection with the retail store located on Beach Blvd. If the City is obligated to pay Mark C. Bloome pur- suant to the reimbursement agreement entered into with Mayfair Construction (see v attached) , it would seem prudent that this $4,000.00 amount be subtracted from such payment. If these fees have not been paid to date, please arrange for a Request for Billing at your earliest convenience. A. De La Loza Contracts Administrator AD/cg cc: City Attorney City Treasurer Eebruary 9, 1976 I lark C. Bloome 5555 Sepulveda Boulevard Culver City, California 90230 Subject: Retail Store at 13455 Beach Boulevard-Public V orks Dept. Requirements .for Approval of Certificate of Occupancy Dear I4r. Bloome: This department has not approved the release of the Certificate of Occupancy on the subject project for the following reasons: 1. fees Due a. Se;aer Lce: ✓�429. 00 (Municipal Code 14 .40. 020) b. I•later fee: 4,$214 . 50 (Municipal Code 14 . 12 . 0100) C. Drainage fee: .-$3, 575. 00 (Municipal Code 14 .48 . 050) d. Orange County Sanitation District D feu :. $450. 00 (Orange County Ordinance �303) It is important to- note that the cost of the drainage facilities, which you built at your expense, will be refunded to Mayfair Construc- tion as provided by reimbursement agreement. 2 . Street Improvements - Refer to attaches] Inspection Report dated January 21, 1976 (Ordinance S9730.4) . 3. Water System - Refer to attached "Punch List" dated January 29, 1976 (Ordinance S9730.4) . The above, fees and work are required by Municipal Code and Ordinance as noted. furthermore, permit's which were issued for the work on the State highway are not complete because all conditions of said permits have not been met. We request that you contact this office as to your intent regard- ing completion of these items within tan (10) days of the receipt of this letter. Very truly yours, IIE1T:EDP:jy ;I. E. Hartge F-.nc] _ Director of Public Works cc : Don Bon-fa, City Attorney John Behrens, Dir. Building & Community Development OFFICE OF 1lN6/p` CITY .ATTORNEY V _ P.O.BOX 190 TA�Q 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 DON P. BONFA TELEPHONE CITY ATTORNEY (714) 410 R201 April 4 , 19'rf3 Petrolane Mr. Vincent D. Ashby P. 0 . Drawer 1419 1600 East Hill Street Long Beach, CA 90801 Re : Reimbursement Agreement No . 75-D1 Dear Mr . ,Ashby Although I have ,answered by telephone ,your March 9 , 1978 letter to Mr . John Whipple of the Pu.b1_a.e Wo.rkc; k)ef�,rrtrrrrllL , T r)rn f'clllclw - ing up such response by this letter. In order Cot, the Clt-.y to reimburse ,your client , Mark C .. P,,looiric� �'�>rnf,,�r)y , 1;1)rrrl.l> ,h Ifllwlli.i) ment Agreement No . 75-D1 , it is necessary that Mayfair Construction, a party to said agreement , assign its rights under Reimbursement Agreement No . 75-D1 to Mark C . Bloome Company . Mayfair ' s letter to Mr . Whipple dated December 28 , 1976 , is not a w.r:Ltten a. >si_gn- ment from Mayfair to Bloome . We have discussed this over the telephone and we have agreed . My records further indicate that ,your client owe,, the City $4 ,21.8 . 50 in drainage , water and sewer fees,, and ,a,rry i e:Lur[Jur„cnrerit r.u)rler Agreement No . 75-Dl to Mark C . Bloome will be. offset in the amount of $4 ,218 . 50 . I am at a total loss as to how Mark C . Bloome or Ma.y.fair- can ohta._i.n the necessary permits to commence construction without having paid drainage , water and sewer fees to the City . These fees must be paid before any reimbursement payments can be made to Mark C . Bloome Co . We will make all efforts to pay Bloome the $1.6 ,537 . 50 under said reimbursement agreement offset by the drainage , water and sewage fees which our records indicate are owed to the City . Approximately three weeks ago , in our telephone conversation ,you stated that the City wo1.11 d rece.-i.ve :a: written 11110i,;,r1 form from Mayfair. to 13loome ; u:_c uoon r.r.: the CiL,y LIr_i :, ment , we can expedite the payment to Bloome . Thank ,you for ,your cooperation. Very truly ,your:;., DON P. BONFA City orney JG : cs By cc : Hartge .JAMES GEORGES De La Loza �.:- D.eput,y City Attorney Whipple 1 P.O. Drawer 1410,1600 E. Hill St., Long Beach,Calif. 90801 ■ Telephone: (213).427-5471, Cable: PETROLANE TWX 910-341-6812 VINCENT D.ASHBY/Corporate Counsel March 9, 1978 .P C F. 8 E EDO DEPT. OF PU-31-1 Wnr4K9 MAR 13 1978 Mr. John Whipple HUNTINf3TON BEACH, CALIP, Public Works Department _ CERTIFIED MAIL, City of Huntington Beach RETURN RECEIPT REQUESTED P. 0. Box 190 . Huntington Beach, .California 92648 Re: REIMBURSEMENT. AGREEMENT 75-Dl Dear Mr. Whipple: , This office represents Mark C. Bloome Co. We have been requested by them to take whatever steps are necessary to recover. the $16, 6.55. owed to them- by the City of. Huntington Beach for the construction of a storm drain in 1975. This was done in accordance with the above-captioned reimburse- ment agreement, which was applied for by Mark C. Bloome' s contractor, Mayfair Construction. Your apparent reason for failure or refusal .to pay the re- imbursement was due to the fact that the reimbursement agreement was. entered into with _the contr.uction company and the building permit with Mark C. Bloome Co. , and your requirement was that the same name appear on both of these filings. You are advised that no one was told of this at the time that the construction took place. You are further advised that your office has been told that "Mayfair Con- struction Company has assigned all of their rights in the aar_eement to Mark C. Bloome Co. This reason for failure and refusal to reimburse the Company appears somewhat arbi- trary, and capricious. I am hereby making a formal demand upon the City of Huntington Beach for full reimbursement of the $16,6.55. If it is alleged by you that there are monies owed to the City' by Mark C. Bloome Co. for other matters, my suggestion is- .that these charges be properly invoiced and they will be promptly paid. If I have- not heard from your office within seven (7) days of receipt of this letter,. or if you con- tinue to fail and refuse to make the reimbursement, .a for- mal hearing before the City Council will be requested, and, if necessary, any and all other_ legal action will be taken. Mr. John Whipple -2- March 9, .1978 I trust .that ._the .City of. Huntington Beach will not con- tinue in this course 'of. .conduct,.and will ma a immediate payment so .that protracted action wi of b necessary. e. 1 s, Vin by VDA/clg cc: Mr. Floyd :G.: Belsito, , City. Administrator, Huntington Beach .Don Bonfa,. Es.q. , City- Attorney Huntington Beach : Mr. W. J. -Reid, President, , Mayfair_ Construction .Co. Mr. Jim Dwyer, . Mark C. Bloome .Co. Mr. Donald .A. Metke,. . P.etrolane Incorporated r ® . -�® City ®f Huntington Beach P.O. BOX 190 CALIFORNIA 92648 Ilk ENGINEERING DEPARTMENT September 16, ,1977 I Mark C. Bloome 5555 Sepulveda Boulevard Culver City, California 9.0230 Subject: Reimbursement Agreement No. 75-D1 Mayfair Construction Company Dear Mr. Bloome: In response to a telephone conversation held today between Mr. Reid of Mayfair Construction Co. and John Whipple of this office, I would like to. explain the City's position regarding payment on the subject agreement and offer a possible solution. It has now been determined that the Huntington Beach Municipal_ Code requires that reimbursement payments be made to the person to whom the building permit has been issued. The building permit in question was issued to your company. That is the main reason why this department has now been unable to. obtain approval for payment from the City 's Finance Department. The Municipal Code also provides that all fees established by. the City shall be paid prior to issuance of building permits . Our records indicate that .your company owes $4 , 218 . 50 in drainage, water, and sewer fees to the City.. This matter must be resolved before any reimbursement payments can be made. As to a possible solution, I would like .to suggest that Mayfair Construction Co. assign its rights to reimbursement under the subject agreement to your company. I believe that then a check could be drawn less the amount owed City in fees . This would allow us to satisfy both obligations at the same time. If you are in agreement with this proposal, please submit an assignment of rights. so that .I may proceed with processing your request . for payment. Very truly yours, H. E.. Hartge Director of Public Works HEH:JWW: jy cc: Assistant City Attorney Contracts Administrator W. J. Reid Mayfair Construction Co. CITY OF HUNTINGTON BEACH � INTER-DEPARTMENT COMMUNICATION • HUNTINGTON BEACH - To H. E. Hartge From A. De La Loza Director, Public Works Contracts Administrator Subject Mayfair Construction Co. Date August 13, 1976 R.A. #75-D1 Preliminary analysis reveals that Drainage District #9 currently has a negative cash balance. Therefore, a refund cannot be recommended at this time. A. De La Loza Contracts Administrator AD/cg cc: John Whipple From the desk of 7fir u" tk t 2/jpZv� j � sr� From the desk of: C-vZjGa �v , rid L.L�t t-4 r 14 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH H. E. Hartge A. De La Loza To Director, Public Works From Contracts Administrator Through: F. B. Arguello, Director of FinancelM/ Subject R.A. 75-D-1 Date August 4, 1977 Mayfair Construction Company Pursuant to the request for payment from the above captioned builder, the undersigned, Mr. Amsbary, Assistant City Attorney, and Mr. Whipple of the Public Works Department met and discussed what the City's position should be in connection with the request. It was determined that the Municipal Code requires that applications for a reimburse- ment agreement may be made only by "the subdivider or person to. whom a building permit has been issued." (Municipal Code Section 14.48.050) . The building permit in this case was issued to Mark C Bloom Co. (Exhibit A) . Therefore, Mayfair Construction should not have been a party to the agreement in question. Moreover, since the "real party in interest", Mark C. Bloom, is still indebted to the City to the extent of $4,000.00 in connection with the same development, it would seem that this debt should be collected before payment is made to any party. Please advise. A. De La Loza Contracts Administrator AD/cg cc: Assistant City Attorney John Whipple ,. -. :: It' F. `�- U�7�{:�,• _�. •.,d •�. '.i' �i r� i "� ' 9 ° y�� B ILUING .QE,RMIT. For Applicant to fill jn No. g 4 8 51 DEPARTMENT OF " CITY OF 1,:,t4 BUILDING HUNTINGTON BEACH. Job 18455 Beach Blvd. Address 7 h NOTICE Lot No. Tr ct �o Blk. No. No framing inspection will be made until the job has r._of`Ranc�io Las Bolsas progressed in a satisfactory manner. All City Ordinances, Please Attach Metes and Bounds(2 Copies) requirements, and imposed conditions shall be compiled I. Owner Mark C. Bloome Co. ry -with prior to final inspection.A Certificate of Occupancy 1 will be,issued only when all such conditions have been nl Owner's ' met. Address 5555 Sepulveda,Culver City Description y` of Work Use Zone C-4 New Use of Zoning Approved by W Lipps Date4/30/75 Buildingkz- Retail Sales --- Area of • 8,894 s .f t Valuation $ 115,000 GroupType Plan Ck. ` = *� E 4 YP 3 N 5854 Building ' � s Contractor Remarks: Mayfair Constructi n ' Address -. 716 E. Edna Place W. Covina State Lic. No. 213-530-6313%itorranc i 246827 '-•--- -"-•• FEES INSPECTION RECORD Building i Approval Date . Inspec r t = Permit $ . 241.50 2 6 75 t Foundation Plan Paid 120..75 t and Location �� . .3 , Check $ Misc. Rec. No. �' Reinforcin +; r Permit Prepared by Ill005523 Roof Shtg. ` Permit Authorized by J. Vogelsan Date 4/30/75 ? Rough Frame _ ,_:," *� I hereby acknowledge that I have read this application and state Lath or Drywall that the above is correct and agree to comply with all ordinances ; fC;i%.4 and State laws regarding building construction. [, Plas. Brown Ct. ram. u!►y.a?f''�f 1 hereby certify that I am properly registered with and/or licensed f Final. t►';.- as required by the City of Huntington Beach and/or State of .. California, or that I am the legal owner of the.above described c g Utility Release j1W;:, A ,4 property, and I certify that in the performance of the work for 2 which. this permit is issued I shall not employ any person in violation of the workmen's compensation laws of the State of VALIDATION BY CASHIER • California. ,�q Plan Check •- ,.., 241.50 Q3 Bldg. Pt. Signature of 9 to Permitee l/�C�Ff �t 5 /• Routing: (1) Bldg. Inspector (2) Office File (3) Statistics (4) Records (5) Owner i - -+. :x-• .F c'� L. SA@y��yY17Y�C�2�� py��i'_,�c:.,ut y 1f •�•�� ,.,^'r.1��'."S••,.'r... :�F<<1 ,-_,;_,1z,,�,'r�j � �I �i I ,i �� ss�..� ,� _ a; . -- - - - — ;, - - .� � - - — -- - - - - - ,._ - - �. — --- ''tW1,r � ` , `!q ti f t E -ay -r. •i , E iT �; .C/RS' -+�-�. � tr.;L; �".+ ,;y ' q..:...�` d- t s°-r � o. 11 . . .,,'• ti'• , --}_ - -}'r ,�f. •tu�r_r"'3 3.d. +7N F'•t'. BUILDING YE IT.. '; ~: For Applicant to fill in .. DEPARTMENT OF CITY OF N O. 94851 , BUILDING HUNTINGTON BEACH .lob 18455 Beach Blvd. Address I NOTICE Lot No. Tract (� Blk. No. No framing inspection will be made until the job has Of Rancrio L8s Bolsas progressed:in a satisfactory manner. All City Ordinances, Please Attach Metes and Bounds 12 Copies) requirements, and imposed conditions shall be compiled Owner Mark C. Bloome Co. 7 with prior to final inspection.A Certificate of Occupancy s' .,trr °�• �f will be,issued only when all such conditions have been Owner's met. Address 5555 Sepulveda,Culver City '' Description TVIT Use Zone C-4 of Work New [ _ Use of Zoning Approved by W. Lipps Date4/30/75 Building Retail Sales ;r Group Type Plan Ck. Area of 8,894 sq..ft. Valuation S 115,000 -�` - E 4 y 3 N 5854 Building IL Remarks: Contractor ; Mayfair Construction `5-� r .,, _ '• - Address . 716 E. Edna Place W. Covina I .., I �. : • State Lic. No. 213-530-6313Vtorranc x 246827 - - , FEES INSPECTION RECORD Building i Approval Date Insprc r Permit $ 241.50 2 6 75 Foundation G —,,`� t:G Plan Paid 120.75 7 and Location _ -? S Check Misc. Rec. No.,,:•..° . ; $ Reinforcin 1. -7 . Permit Prepared by bl 005523 Roof Shtg. 7 Permit Authorized by J. Vo elsan Date 4/30/75 '. Rough Frame • �JP+`'�?'� I hereby acknowledge that I have read this application and state t Lath or Drywall rt. .., that the above is correct and agree to comply with all ordinances and State laws regarding building construction. Plas. Brown Ct. �� r•r. I hereby certify that I am y registered with and/or licensed ," 'y y proper) . ,,aar;•. •+ 9 Final t ,o as required by the City of Huntington Beach and/or State offC••'- •��'- + California, or that I am the legal owner of the above described M°••• ` g 4"�;rt!Xr:,..-•; property, and I certify that in the performance of the work for S Utility Release ry+a.v+t•�.?•; which this permit is issued I shall not employ any person in •�.. r r VALIDATION BY CASHIER violation of the workmen's compensation laws of the State of i:...- f. .atry -- n ' I California. Plan Check L T. .. � 241.50 ri f Bldg. Pt. Signature of A-0 'i<.:: Permitee .:, Routing: . (1)-Bldg. Inspector (2) Office File 0) Statistics (4) Records (5) Owner t STRIAL • COMMERCIAL • RESIDE' STATE LICENSE #B248827 Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 r-" E C E g,i7 AREA CODE 213/966-7553 DEPT. OF PUBLIC WORKS December 28, 1976 0 E-C 2 9 1976 HUPCnNOTON- BE;AcH. CALIP. Mr. John Whipple Public Works Department City of Huntington Beach P.O. .Box 190 Huntington Beach, California 92648 Re: Reimbursement Agreement 75—D1 Dear Mr. Whipple: Please be advised, we have of this date, designated the Mark C. Bloome Company as collecting agent for all monies due on subject agreement. Very truly yours, MAYFAIR CONS CTION COMPANY �i W J. REID President WJR:erd SUBSIDIARY OF MAYFAIR HOMES, INC. N6lVkc the ae4p o6 . . . BILL HARTGE �,an/� S Ar..w Te CITY OF HUNTINGTON BEAM( C E 9 V E 93 INTER-DEPARTMENT COMMUNICATION DEPT. OF PUB'L_IC WORKS HUNTINGTON BEACH . A"U 1976 To Art De La Loza, Contract From James GAgN-BagCpN BEACH, CALIF. Administrator, Finance Dept. Deputy City Attorney Subject Storm Drain Reimbursement Date August 4, 1976 Agreement 75-Dl MEMORANDUM OPINION You have requested an opinion regarding demand for payment on Reimbursement Agreement 75-D1. The answer is, pay Mayfair Con- struction Company according to the June 8, 1976 reimbursement agreement. For some strange reason, the reimbursement agreement was entered into with Mayfair instead of Mark C. Bloom. In their June 8, 1976 reimbursement agreement, the city and Mayfair mutually rescinded their October 14, 1975 reimbursement agreement. According to the June 8, 1976 reimbursement agreement, the maximum refund to be paid to Mayfair is $16 ,537. 50 , and refunds are payable only from a positive balance available in Drainage District No. 9 . Mark C. Bloom's failure to pay the city about $4,000 in fees cannot be used as an offset in paying Mayfair. The reimbursement agreement is with Mayfair and not with Bloom. Mayfair is the builder and contractor and Bloom ia the owner. Payment to one cannot be conditioned by the debts of the other unless agreed to by the parties. - "Subsequent development" defense is no longer available in storm drain reimbursement agreements since amendment of Huntington Beach Municipal Code Section 14. 48. 070 ; however, Section 14. 48.070 (g) states : "The city shall not be required-to make reimbursement to any person until� all drainage construction projects in a drainage area are completed. " I am informed by the Department of Public Works that the "drainage area" served by this storm drain is completed, but Storm Drain District No. 9 is not completed. It seems that "drainage area," in (g) above, . is not defined. Therefore, this section could not be used as a defense for payment to Mayfair. JAM GEORGES APPROVED: Deputy City Att ney JG:cs DON P. BONFA cc: Bill Hartge City Attorney John Whipple 4e � / STRIAL • COMMERCIAL • RESIDEI STATE LICENSE #B248827 Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 ER E � E 8 V E D July 22, 1977 DEPT. OF PUBLIC WORKS JUL 2G 1977 Mr. John Whipple Public Works Department 1-lu is ro BEACR,'CAOO. City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Re: Our Job #534 Dear Mr. Whipple: Again we hereby request an immediate payment of Reimbursement Agreement 75-D1. The first invoice was submitted on January 27, 1976. It is inconceivable that it would take 16 months to make payment on an agreement or contract. Enclosed are copies of correspondence regarding these dilin- quent funds. Your immediate attention and action on this payment is respectfully requested. Enclosure: Letter June 18, 1976 Invoice January 27, 1976 Yours Truly; Copies going to Mark C. Bloome Wi President ' SUBSIDIARY OF MAYFAIR HOMES, INC. s Ju ie 18, i. 4 5i ,_ty ,f' `juntj:i,�ton Beach Beach, -,&liforni- 7Yo48 :e: Our Job e534 request and dm.and itmeaiate payment of Reimbursement -:�-tne a 75-711, �•i; ir,�_ said Agreement, our reprur-4�ntatives were assured by t:1N +d ,f the Public ::'orks :;epartmeat that payment wuld be .made ut)(31,:i the completion of the project. .3aid project was completed in Jan,..=.,ryy j 1976. .ev,�r :l Wills to the ;;ity assured us that our payment was forth after a -wait of about thirty 174") days, we still received no 8)-*rnjent. Again our rc:-IrEsentntiv�: i:•__.i.'t: `•_.he city. We wore toles. �:lat tei,:r vas a probl-r: in t:ir language of the Agremetnt :and t:i .;,;; f::�^,' worked on. -ifter another thirty (3011 days we atill did 1110 c L::z,�.ive our funds. Again our representative contacted the city. �;,t: Spoke to Mr. .imsbariy. Mr. tr: carry explained that the '. �,;uagc waa b:.>.ing amended by the City :council and .that it would take t,•:o -,it-Elks to go to the Council and then thirty days to become law and that we would recoi e our money the fir,t fear day_ in May. jev!:ru.: weeks in May went by and we rE;c.e-ived no payment. 'rle called th:: city again and Mr. Am5ba=- stated that there was a problem in f:>zzcii ,,t an'. , meeting was going to be held on '.ay 27th to ascertain thi- problem and further hit would contact a representative immediately ter the meeting and ivt Ur-i a date �:h,-n payment would be forwarded to us. This was never done. On Lj:,i� 17, 1976t our representati•;-- contacted 'ir. Apple and he stated that he :aa unable to tell us when the ,,• fund-; would be available. .�..,�,,.�,....a..-,...�,,.....-..n�,•,•v.e.aa.�--asnn.,xnnsac�-r.��-�s.•,.--.__,._ ... .._�-•---- June 18, 1976 sr. JoUn .tipple Pa e { i in addition to whlt has bean outlined aboval thorn are several. inoidents involving our representative and tho am UWees of the I.it;y of lhmtington Beach whereby ntatemmts aeare scads regarding payment of this Agreement which Dive not been kopt. The delay in payment already created several thousand of dollars la eat in revrsnue to us. We again hereby demand and request prompt peprue t.on this Rslm- . bur,eraent .kgrceuenE. Very tM4 yourat MAYFA n CM"faUMCK OD WAXY 14, J, Ran President tlf and cc s amity Karagar 'Itj of Huntln tM doh . sty :thorned •amity of Mantington Beach Jan=7 27. 1976 1_ r City of_ Huntington Beach P.0. Baas 190 '` " Huntington 'Bcaoh, California 92648 ATT23TI0?ic accounts Payable Res Reimburs `r . 75-D1 Storm Drain i. Mark C. Loomi'i A'' Unik `i - "ity Ot O Naoh f �s� Our Job #534 This invoice is for the Completion of the -4c0n.Oda so Approximate Not Rett�ldlllle....................� ':1;; .. Extra Work — 9tOrM Dr&IA. � ��4 �•' Balance due thin- 1!lT 000•-s.+0.•s.....r.•�.a s�= ��. :` ;�F1.; r} .•F�?sue,%�-. Very tzar Y t; 0. N. J. REID Mi erd President Q- _f • Olaf�. 1 - _ .JDUSTRIAL • COMMERCIAL • RESI. -.IAL \ STATE LICI3NSE #B246827 - Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 ' July 22, 1977 qI•=P"f. OF Mr. John Whipple Public .Works Department HUNYING-rOIV BEACH. CALIF. `i City of Huntington Beach 3 P.O. Box 190 Huntington Beach, CA 92648 Re: Our Job #534 Dear Mr. Whipple: Again we hereby request an immediate.payment of Reimbursement Agreement 75-D1. The first invoice was submitted on January 27, 1976. It is inconceivable that it would take 16 months to make payment on an agreement or contract. Enclosed. are copies of correspondence regarding these dilin- quent funds. j Your immediate attention and action on this payment is respectfully requested. Enclosure: Letter June 18, 1976 Invoice ,January 27, 1976 Yours Truly; Copies going to Mark C. Bloome bL:J. ei President 1 s i SUBSIDIARY OF MAYFAIR.IIOMES, INC. CITY OF .HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH - Frank Arguello To Attn. Art DeLaLoza From H. E. Hartge Subject Certification of Fees Date June 30, 1976 Received R/A 75-Dl I hereby certify that fees in the amount of $1140.00 have been received from areas served by . 75-D1 facility. The fees received are as follows: Area Served Fees Received Date 18400 Beach Blvd. $1140. 00 10-13-71 However, it is the intention of this department to refund Mayfair Construction Co. from available funds in Drainage District No. 9 Fund. H. E. Hartge Director of Public-Works HEH:JWW:mc I CITY OF. HUNTINGTON BEACH S� INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Don Bonfa From A. De La Loza City Attorney Contracts Administrator Subject Demand for Payment on RA 75-D1 Date June 28, 1976 Request for Opinion The holder of RA 75-D1 is Mayfair Construction Company. A demand for payment was made by Mayfair on June 18, 1976 (see attached) . Is the City obligated to make payment at this time if the following conditions exist: Part I - A. RA 75-D1 was originally executed on October 14, 1975 and required payment only from "Subsequent Development." B. On April 5, 1976, the City Council amended the applicable code section (14.48.070) by deleting the "Subsequent Development" requirement. C.. A new contract was executed after that amendment and approved by the City Council on June 7, 1976. Part II : A. Mayfaii-- Construction Company is not the developer or the "applicant" in this development. Mark C. . Bloom Company is the applicant. Part III : A. Mark C. Bloom has failed to pay approximately $4,000.00 to the City in fees in connection with the development (see attached) . A. De La Loza Contracts Administrator AD/cg cc: Director, Public Works V' i a17 rf .�rh�' IRI E C E V [E-1 RID) DEPT. OF PUBLIC: WORKS iiA 2 81976 HUNTINGTOIV BEACH. CALIF. Y STATE Lam-.NsE #B24N27 Alayfair Construction Co. SUITE Ci 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 'RPF ' k.," V. June 18, 1976 0-=P . Of-' Ply!!_IC VVO':?KG 191 I HUNTINGTON EACH, CALIF. Mr. John Wipple . Public Works Department City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Re: Our Job #534 Dear Mr. Wipple: 4 We hereby request and demand immediate payment of Reimbursement Agreement 75—D1. Upon signing- said Agreement, our representatives were assured by the head of the Public I;iorks Department that payment would be made upon the completion of the project. Said project was completed in January, 1976. Severalcalls to the City assured us that our payment was forth coming. After a wait of about thirty (30) days, we still received no payment. .Again our representative called the city. . e were told that there was a problem in the language of the Agreement and this was being worked on. After another thirty (30) days we still did not receive our funds. Again our representative contacted the city. He spoke to Mr. Amsbarryy. 1Ir. Amsbarryy explzi.ned that the language was being amended by the City Council and that it would take two creeks to go to the "ouncil and then thirty days to become law and that we would receive our money the .first .few days in May. Several weeks in l4ay went by and we received no payment. SIP called the city again and Mr. Amsbarry stated that there was a problem in funding and a meeting was going to be held on Mcay 27th to ascertain this problem and further he would contact a representative immediately after the meeting and give him a date when payment would be forwarded to us. This was never done. On June 17, 1976, our representative contacted Mr. [Tipple and he stated that he was unable to tell us when these funds would be available. SUBSIDIARY OF MAYFAIR HOMES, INC. ' STAT$ 1.Ic6N8E #B2M27 Mayfair Construction Cu. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 p=P i. OF' F!J ''-IC WORK-c-; June 18, 1976 Jul I HUNTINGTOP! E=ACH, CALIF. Mr. John Wipple V� Page 2 +. ` In addition to what has been outlined above, there are several incidents involving our representative and the employees of the City of Huntington Beach whereby statements were made regarding =-� payment of this Agreement which have not been kept. The delay in payment already created several thousand of dollars lost in revenue to us. ';1e again hereby demand and request prompt payment on this Reim- bursement Agreement. Very truly.yours, -+ 1,UYFAIR CUNSTRUCTI 11 COMPANY /% T. REID I President WJR:erd cc: Cit,, tlanarer City of Huntington Beach City Attorney City of Huntington Beach SUBSIDIARY OF MAYFAIR HOMES, INC. , s A ICUCity of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT r , May 27, 1976 �! Honorable Mayor and City Council City of Huntington Beach Attention: Floyd G. Belsito Acting City Administrator Subject: Amended Reimbursement Agreement 75-Dl Mayfair Construction Co: Dear Council Members: Transmitted herewith is a reimbursement agreement between the City of Huntington Beach and Mayfair Construction Co. for drainage facilities built in Drainage District #9 at Mayfair' s expense. This agreement rescinds Reimbursement Agreement 75-Dl dated October 14, 1975. Drainage fees have been collected in the area to refund Mayfair Construction Co. I recommend that your Honorable Body execute the agreement. Very truly yours, H. E. Hartgei/ Director of Public Works HEH:JWW:.jy Trans. REIMBURSEMENT AGREEMENT 75-Dl STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY, " and MAYFAIR CONSTRUCTION COMPANY, hereinafter called "BUILDER, " W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY , hasat its own cost and expense constructed 386 feet of twenty- seven inch RCP pipe, one ( 1). catch basin, and two ( 2) j-unction structures , hereinafter called "FACILITIES. " FACILITIES have Y ( been constructed in conformance with the plans an specifications approved by the Director of Public Works of CITY , a d FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY' s Municipal Code ; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : BUILDER has constructed, at a total cost of $18 ,375 . 00 a storm drain and appurtenances to serve Drainage District No . 9 and adjacent properties . Exhibit "A, " attached hereto and made a part hereof , is a map of the area served . BUILDER haz dedicated FACILITIES to CITY . The maximum refund to be paid to BUILDER under this Agreement is as follows : LTG : cs Total ,job cost of FACILITIES : $18 ,375 . 00 Less ten percent (10%) per CITY' s Municipal Code Section 14 . 48. 070(c) 1,837 . 50 Maximum refundable , conditioned on funds being available in Drainage District No . 9 fund 16,537 . 50 Refunds shall be payable for a period of five ( 5) years from the date of applicant ' s application. Refunds shall bear no interest . / Refunds shall not exceed ninety percent (90%) of off- site construction costs . Funds have been expended for Drainage District No . 9 in accordance with Government Code Sections 66483 and 66487 only. l� (','Redsfun are payable only from a positive balance availa6_le i'7�� — said district ' s fund. _ r_. •- 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 drainage area to refund BUILDER for the cost of constructing FACILITIES . CITY shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the drainage fee, or by reason of expenditures made pursuant to Government Code Sections 66483 and 66487 . CITY agrees to use good faith to protect the interest of developers , either individuals or entities , who have previously constructed similar facilities , by collecting the fees , either prior to or concurrent with the development of any property served by the facility constructed ' f i under this agreement . If a developer who develops property served by the facility constructed by BUILDER is required as a .condition of development to construct additional facilities , CITY may allow said developer credit toward the per acreage fee consistent with this said agreement ; and no fees shall be due BUILDER by reason of such construction. CITY further agrees to furnish a copy of this agreement to the developer of any properties served by the FACILITIES described herein. In the event CITY does not require a developer to deposit the drainage fee with the CITY prior to or concurrent with develop- ment , CITY will enter into an agreement with said developer stating that said developer is obligated, not only to the CITY , but also 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 attorneys fees or court costs for any breach of this agreement . CITY and BUILDER hereby mutually rescind that certain Reimbursement Agreement 75-D1 between these parties dated October 14 , 1975 , and hereby enter into this .new Reimbursement Agreement 75-Dl on the date first entered below. EXECUTED in Huntington �Bcach California on this the day of 1976 . .. ATTEST: CITY OF HUNTINGTON BEACH (CITY) y C ty Clerk May-Ur 3 �; APPROVED AS TO CONTENT: . APPROVED AS TO FORM: Ci Administrator City At orn �G- 1 APPROVED, INITIATING DEPARTMENT MAYFAIR CONSTRUCTION COMPANY (BUILDER) r _ _ ALM flit-CC f __— ■� 1 i Iw RA -1 •C 4 C F.E RI _ j C4 "f N' C F-R i AAI-CD { M I i ati. •- MI-CD �! 1p R RA RI Rt R+ t a-M' . .. 2 J ` I , —� ♦r � i v � RI Rl { 4 •�n . J I PA-0-CD C 2 f 4 RI RI i CF-C tom— Ow Ott it 1 l• ! f MI-CD Mt RI i RI iF RI fl ' R2 ,t Ri RI PO S Ra r 1 R♦ r{ R t --J� l\.r• R'/' fl R Rt RZ i _ L__i — —J v. T ..�r�J D c� R2 .... Rz Poa m . .` WI's71' I` C 2 x RA-0-CD �Rs x . , .� R3 4-, F s---� I i R�~ ! •RS MH _O _ t Raj I J R3 a -. I RS 0- MI t Rs RA-0 4 Rl C i r �..._... RR RJ , :--_• R3 R3 -�' .• , i RA-0 MFOI MI-0 I� - z r RI i. { { Its `: R2 R2 �4 `RI .w s R2ii T RA 0 FO-O 2 - qo. r — — -------7 ,rr -- ----• r------1 —� r— r — — — :...1.� •vf + Sebruary 9, 1976 Park- C. Bloome 5555 Sepulveda Boulevard Culver City, California 90230 Subject: Retail Store at 18455 Beach Boulevard-Public Works Dept. Requirements for Approval of Certificate of Occupancy Dear Mr. Bloome: This department has not approved the release of the Certificate of Occupancy on the subject project for thb following reasons: 1. Fees Due a. Sewer fee: $429. 00 (Municipal Code . 14 .40. 020) b. Water fee: $214 . 50 (Municipal Code 14 . 12. 0100) c. Drainage fee: $3,575. 00 (Municipal Code 14 .48. 050) d. Orange County Sanitation District 03 fee:. $450. 00 (Orange County Ordinance #303) It is important to note that the cost of the drainage facilities, which you built at your expense, will be refunded to Mayfair Construc- tion as provided .by reimbursement agreement. 2 . Street Improvements -- Refer to attached Inspection Report dated January 21, 1976 (Ordinance 59730.4) . 3. Water System - Refer to attached "Punch List" dated January 29, 1976 (Ordinance S9730.4) . The above fees and work are required by Municipal Code and Ordinance as noted. Furthermore, permits which were issued for the work on the State highway are not complete because all conditions of said permits have not been met. We request that you contact this office as to your intent regard- ing completion of these items within ten (10) days of the receipt of this letter. v� Very truly yours, IlEli:EDP:j y 11. E. Hartge Encl. . Director of Public Works cc : Don Bon1a, City Attorney John Behrens, Dir. Building & Community Development CITY OF FIUNTINGTON BEACH "•;. INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Don Bonfa From A. De La Loza City Attorney Contracts Administrator Subject Demand for Payment on RA 75-D1 Date June 28, 1976 Request for Opinion The holder of RA 75-Dl is Mayfair -Construction Company. A demand for payment was made by Mayfair on June 18, 1976 (see attached) . Is the City obligated to make payment at this time if the following conditions exist: Part I : A. RA 75-D1 was originally executed on October 14, 1975 and required payment only from "Subsequent Development." B. On April 5, 1976, the City Council amended the applicable code section (14.48.070) by deleting the "Subsequent Development" requirement. C. A new contract was executed after that amendment and approved by the City Council on June 7, 1976. Part I-I : A. Mayfair Construction Company is not the developer 'or the "applicant" in this development. Mark C. Bloom Company is the applicant. Part III : A. Mark C. Bloom has failed to pay approximately $4,000.00 to the City in fees in connection with the development (see attached) . I i A. De La Loza Contracts Administrator AD/cg cc: Director, Public Works a' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Ben Arguello From H. E. Hartge Director of finance I Director of Public Works Subject Request for Payment on Date June 23, 1976 Reimbursement Agreement 75-Dl This department has received a letter from Mayfair Construction Co. demanding payment on Reimbursement Agreement 75-D1. A copy of the letter is attached. H. E. Hartge Director of Public Works HEH:JWWajy Attach. i' ( O • �V 00, Y /.S 9p F � �qT/G/T01 Li Mr. John =Fipple i Public 'Jerks terpartment amity of Huntin on Bea&, F.G. Box 19€3 Hunting ton Beachg CalifortUa 92648 he: Gur Job #534 Dear sir. ripples tie hereby°-request, and d-rind immediate riayn-eat of nainbursament Ii ASreement f Upon zi Ang sixid ,a €f:sventg our represnintatives r3€34-urod �y the head of thci Public Works Department that Tmymient tirouuld be D upon the completion of the pcxo ject. Said prow,�,ct jaa:' coaiiplet�d in Q January, i lnb. Several c L.s to the <�iity azure d us that our pmyment was foi th coming. After _a wait of about 1- (30) dajs, we. still rec,- veO no pWsxct. A our representc.tive walled the city. We told that thrare wwam ,,; prob'!m in tho language of the: 'we-Teement and this wtLs being worked on. After another thirty (30)i ys tie still did not re alive cm." -1%=dt3. Ae-1Un our represeia ativa cont,-.--ted the city. He spoke to Mr. Amsbarry. ter. Amsbarry cxpl* z th:t the. language was being amended by he City Council and that it wake Vqo weeks to go to the Council and than to rty &qs to 3 vo :, l'aw and that we would receive our money the first feu days in_V 11Y. Several weeks in May went by and we received no payment,- We called the city again and Hr. Amsbarry,stated.that there-aaais_a-problem in funding and a meeting was going to be held on MiV 27th to ascertain this problem and further he could contact a representative immediately after the meeting .and give him a date vhen payment would be forwarded to us. This was nester done. 4n June 17, 19769 our representative, contacted ter. Wipple and he stated that he was unable to tell us iineu these funds would be available. 5 June 18# 1976 Hro, John 14 ppl e Page 2 In addition to whiat has,been outlined above# there are several incidents involving our representative and the mployees of the City of Huntington Beach whereby statemeots were made regarding pt rrr a t of this Adreemerst whieh have not been kit. The del&q in payroenti aready created several thousan4 of dollars , last in revenue to us. We again hereby did and request prompt payment on this Reim- bursement Agreement* Verl, truly you t President �•l�a Ord oos City Hanager °Odity of Hunt Zeton Suach City Attorney City of Rmtingtczn Beach i Ho'j ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From A. De La Loza Director, Public Works Contracts Administrator Subject RA 75-D1 Date June 28, 1976 Your attention is invited to the attached procedure. To date no certification of fees has been received on the subject agreement. Please note that the certification should state that the fees received are from areas served by the facility in question and are applicable to RA 75-D1 . We will proceed with verification as soon as the certification has been forwarded. Q2& A. De La Loza Contracts Administrator AD/cg r tj� 4CITY OF HUNTINGTON BEACH . J0 Lo" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To H. E.. Hartge From A. De La Loza Director, Public Works Departmental Analyst Sr. Subject Reimbursement Agreement #114 Date January 26, 1976' Kaufman and Broad In order to correct deficiencies of .the past, the following requirements must be met prior to payment on reimbursement agreements. A. Certification from Public Works Director that fees have been received and are applicable to the reimbursement agreement in question. . (This should, be accompanied .by a list of payments received, the source, and the dates paid since the execution of the agreement) . B. Finance Department verification of 1 . Fees received to date. 2. Reimbursements made to date. C. C.ity Attorney review of agreement for legal sufficiency (this has already been requested) . D. City Council approval Please accomplish Step A so. that we may proceed with remainder of the system. A. De La Loza Departmental Analyst. Sr. F. B. Arguello Director of Finance AD/cg s City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT May 27, 1976 Honorable Mayor and City Council City of Huntington Beach Attention: Floyd G. Belsito Acting City Administrator Subject: Amended Reimbursement Agreement 75-Dl Mayfair Construction Co. Dear Council Members: Transmitted herewith is a reimbursement agreement between the City of - Huntington Beach and Mayfair Construction Co. for drainage facilities built in Drainage District #9 at Mayfair' s expense. This agreement rescinds Reimbursement Agreement 75-Dl dated October 14, 1975. Drainage fees have been collected in area to refund Mayfair Construction Co. I recommend that your Honorable Body execute the agreement. Very. truly yours, H. E. Hartge Director of Public Works HEH:JWW:jy Trans. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT April 29, .1976 Mayfair Construction Co. 716 East Edna Place Suite G Covina, California 91723 Subject: Drainage. Reimbursement Agreement 75-Dl Gentlemen: Enclosed please find an amended reimbursement agreement between Mayfair Construction Co. and City of Huntington Beach for the construction of drainage facilities built in conjunc- tion with the Mark C. Bloone tire store. Please sign the agreement and return to this office for transmittal to the City Council for their approval. If you have any questions on this matter, please call John Whipple at 536-5431. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. 'i t Gebruary 9, 1976 Mark C. Bloome ` 5555 Sepulveda Boulevard Culver- City, -California 90230 - Subject: Retail Store at 18455 Beach-Boulevard-Public Works Dept. Requirements -for Approval of Certificate of Occupancy Dear Mr. Bloome: This department has not approved the release of the Certificate of Occupancy on the subject project .for the-�following. reasons: 1. Fees Due a. Serer fee: —$429.00 (Municipal Code 14.40. 020) b. Water fee: ___$214.50 (Municipal Code 14.12. 0100) � Drainage fee: .$3,575. 00 (Municipal Code 14.48.050) . Orange County Sanitation District #3 fee.: $450. 00 (Orange County Ordinance #303). It is important to note that the cost of-the drainage facilities, which you built at your expense, will be refunded to Mayfair Construc- tion as provided by reimbursement agreement. 2. Street Improvements - Refer to attached Inspection Report dated January 21, 1976 (Ordinance S9730.4) . 3. 11ater- System - Refer to attached "Punch List" dated January 29, 1976 (Ordinance S9730.4) . s The above fees and work are required by Municipal Code and Ordinance as noted. r, s` Furthermore, permits which were issued for the work on the State highway are not complete because all conditions of said permits have not been met. We request that you contact this office as to your intent regard- ing completion of these items within ten (10) days of the receipt of this letter. Very truly yours, HEH:EDP:jy H. E. Hartge Encl Director of Public T rlorks ' CC: Don$on.fa, City Attorney ?— fi ^2rn. ^r. a I CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Don Bonfe, City Attorney From R. E. Rartga Subject Reimbursement Agreement Date February 2, 1976 Please review attached reLmburserwnt agreement and return to this office with any comr.-tents or approval as to fora. This agreement is amending Reimbursement Agreement 75-DI (attached) which was executed by the City Council on October 14, 19751 to indicate acuta.l cost and completion of project. ff.. rK. r R96 Director of Public works ��R r J";�i a a►a Attach. r R�;..'ting-lton " „ch Sheet 1 of 1 � rtment of Public. erns /r INSPECT! -)N REPORT Inspector `Thomas Blackburn Date of inspection January 21 , 1976 Tract No. Permit Commerc-; �� Developer Mark C. Blooms Work Inspected Concrete A/C Paving Concrete, Paving, etc. The required improvements indicated above have been inspected for compliance with City requirements'. Correction of deficiencies listed below is required for final approval by this Department Location Deficiency Correction Required Beach Blvd. sidewalk left out from 18455 Beach Blvd. driveway to end of catc basin. Pour sidewalk. Edges of A/C when paving Heat edge of' A/C .overla installed are not strai ht and roll rum edges plus edge overlay are a er eating. breaking off. Install protection bar. catch basin. Clean gutters for water check of flow lines. City of Huntington Beach 0 P.O. BOX 190 CALIFORNIA 92648 3 ENGINEERING DEPARTMENT September 11, 1975 Honorable Mayor and City- Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement Agreement 75-Dl Mark C. Bloome Company Dear Council Members: Transmitted herewith is a reimbursement agreement be- tween the City of Huntington Beach and Mark C. Bloome Co. for drainage facilities to be built in Drainage District #9. a Fees will be collected from subsequent development in the area to refund the $10,375. 00 to Mark C. Bloome Company. I recommend your Honorable Body execute the agreement. Very truly yours, H. E. Hart e Director of Public Works HEH:JWW:jy Trans. Am OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Ben Arguello From H. E. Hartge Director of Finance Director of Public Works Subject Request for Payment on Date June. 23; .1976 Reimbursement Agreement -75-Dl . This department has received a letter from Mayfair Construction Co. demanding payment on Reimbursement. Agreement: 75-D1. A copy of the letter. is attached. H. E. Hartge Director of .Public Works HEH:JWW:jy ` Attach.. r JSTRIAL • COMMERCIAL • RESIDE, .STATE I.1== #B246W Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 M E C E IV E June 18, 1976 DEPT. OF PUS!IC WORKS 1976 MUNTIINGTON GMACH. CALIF. Mr. John Wipple Public Works Department City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Re: Our Job #534 Dear Mr. Wipple: We hereby request and demand immediate payment of Reimbursement Agreement 75-D1. Upon signing said Agreement, our representatives were assured by the head of the Public Works Department that payment would be made upon the completion of the project. Said project was completed in January, 1976. Severalcalls to the City assured us that our payment was forth coming. After a wait of about thirty (30) days, we still received no payment. Again our representative called the city. We were told that there was a problem in the language of the Agreement and this was being worked on. After another thirty (30) days we still did not receive our funds. Again our representative contacted the city. He spoke to Mr. Amsbarry. Mr. Amsbarry explained that the language was being amended by the City Council and that it would take two weeks to go to the Council and then thirty days to become law and that we would receive our money the first few days in May. Several weeks in May went by and we received no payment. We called the city again and Mr. Amsbarry stated that there was a problem in funding and a meeting was going to be held on May 27th to ascertain this problem and further he would contact a representative immediately after the meeting and give him a date when payment would be forwarded to us. This was never done. On June 17, 1976, our representative contacted Mr. Wipple and he stated that he was unable to tell us when these funds would be available. SUBSIDIARY OF MAYFAIR HOMES,INC. JSTRIAL • COMMERCIAL • RESIDE. L STATE LJCENSS #B246W Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 BE-1 E C E I rY E AREA CODE 213/966-7553 DEPT. OF PUB+IC WORKS June 18, 1976 ,►Ui'd 2 1 1976 HWM7 NCVTOI�BEACH. CALIF Mr. John Wipple Page 2 In addition to what has been outlined above, there are several incidents involving our representative and the employees of the City of Huntington Beach whereby statements were made regarding payment of this Agreement which have not been kept. The delay in payment already created several thousand -of dollars lost in revenue to us. We again hereby demand and request prompt payment on this Reim— bursement Agreement. Very truly yours, MAYFAIR CONSTRU N COMPANY r , W. D President WJR:erd cc: City Manager City of Huntington Beach City Attorney City of Huntington Beach SUBSIDIARY OF MAYFAIR HOMES,INC. o ,e* �CAt® `ekzC` o rid 1 A 1A CITY A L3 F HUNTINGTON � 0 INTER-DEPARTMENT COMMUNICATION �p��b _ 6 HUNTI GTON KACH To H.E. HARTGE From FINANCE DIRECTOR Subject Mark C. Bloome (Mayfair Const.) Date February 9, 1976 The attached management comments ( Item D-2) from our outside auditors should answer your inquiry of 2-6-76. Also please find attached a copy of sec. 14.48.070 of the Code which appears to be what they are referring to in the comments. F. B. Arquello Director of Finance AD/ad i C. PAYROLL Management Comments - Payroll. 1, Personnel Files Are Not Maintained On -A Current Basis Personnel files. in the Personnel Department did not include currently authorized deductions and in one case :the employee range and step indicated within the personnel file had not been updated since 1968. t The effect is to weaken control over payroll transactions, and to- increase the amount of time needed to review employee history. We recommend . that an employee deduc.tions. summary card be prepared indicating all authorized deductions signed . by the employee and maintained in' the individual personnel . file.: An. update., should. be performed at .least annually• with a comparison of EDP output to ensure. that personnel files and EDP runs agree. Do . REIMBURSEMENT. CONTRACTS Management Comments im r' sement Contracts 1. hncomplets Records Detailed records for- reimbursement contracts are•' not .being - , maintained. -on a current basis. Subsidiary'. ze co' rd6 are•.not complete and the general -ledger is' riot Adjusted 'to _ r lect 1 i abilities I of the City. The. lack of pro; uses . or- recording "rursement contracts may result in aamisstatement)of . liabilities and fund balances. We again recommend the City develop procedures for• recordihq activity in the reimbursement contracts on a timely basis. We. understand• an individual is currently being, trained •to„ take. overall responsibility for contract control and review. 2. Timing Of -Payments- To Contractors • We noted advances being paid to contractors for offsite-..and. -+--`- oversize water development- P for to the Cit in" .reimb reed. This procedure does not appear to be in accordance w t City ode S. 3454 (b) which states that. refunds shall be made from iU A ,.,esf deygl onment-J Payments made prior to_ the collection by the City .causes negative cash flow and increases the potential for loss to the. •City if. ihe full cost of the- development is not subsequently collected. 4 . .3•: .. _r.. -�- '-t, ;- .'rl tip`: ...;:. ..- _... ..,--. . _ _ ._ _. .. .. .'r_ P /We recommend that the City Attorney make an. interpretation of the City Code regarding water development as was done for sewer development and that the City comply with the interpretation. t " t E.. DATA PROCESSING 1. Improve Current. Data Processing Backup And Recovery -rov s ons i Currently, the -client has backup for important master files and source program decks. . However, this backup is-housed in the same building as the computer center. In addition, x .no backup exists for operations or program documentation. We again recommend .that transaction and master file .data backup as well as operations and program- documentation. should be stored at an offsite location. 2. Programming Work- Orders Should Be ,.Unddr. Numerical :Control' The programming. work order form, used by .the EDP, Department to authorize. and initiate new systems or program modifications, is not maintained under numerical control. Without numerical control, there can .be. no assurance that all : program changes are implemented under an established authorization• procedure. We recommend that the programming work order form be maintained under sequential numerical- control. -In- addition, .'we_ recommend that a control log -be established to record each request Arid its assigned sequence number and- that the request: 'number .be referenced in all .,documentation; _ all request forms should be permanently filed with program documentation. The implementation of .this .recommendation should in prove EDP management control over programming requests. . 3. Implement-'A Manual Log .For Recording Computer Reruns Production program reruns are listed in the daily •Time Accounting Billing System reports. However, no documentation exists as to the reason for these reruns: We recommend that a. manual rerun log be .establiehed..and implemented to document all production. program reruns,. A rerun code. could be utilized to describe -there ason for reruns (operator errors, data errors or program errors., . etc..).. This . information would greatly assist EDP management - in identifying problem systems and programs and would provide .a better audit trail for production processing. 5 I f 14. 48. 060--14. 48.070 i Drainage District Fee Per Gross Acre 8D $ 1,650 8E 0 8F 2.,300 8G 3,500 8H 2,500 9 2,500 10 1,500 ` 11 Completed 0 12 2$000 Said fee -shall be collected, deposited and expended pur uant to Sections 66483 and .66487. of the -Goverhtent Code of',- the state of California and all other applicable laws .of •the 'state of California. i All necessary drainage fees established by the city shall be deposited with. the city prior to recordation of* subdivision map or issuance- of a building permit if a subdivision map is not required. The -subdivider- or -person to .whom• a building permit has been issued may make application for a reimbursement agreement. (Ord. 1985, . 2 Jul 7-5) ._ 1 14. 4.8. 060 Applicability. The.- provisions:.of_ this chapter shall apply to all subdivisions of land .and. the. develop- ment of all land within the drainage area unless the fees were previously paid by prior development. It shall be the responsibility of the applicant to con struct all on-site_ improvements as may be required by .the city, . including all off-site drainage facilities as are required .by the city. The applicant shall be •reimbursed by .the .city for all . required ofr -site constr on, in accordance with Section 14. 48. 070'. (Ord. . 1985, 4-Jul 1-51 . 14. 48. 070. Conditions governing reimbursements-.... .Not_ withstanding any other provisions of this chapter, .the payment of refunds shall be governed as follows : (a) Refunds . shall be payable for a period of five (5) . years from date of applicant ' s application. /Oz_� . (b ) Refunds shall be made from subsequent d.evelonment at the rate p acre developed set forth in- Section 14. 48. 050 of this chapter. . (c ) Refunds shall not exceed 90 percent of off-site con- struction costs. (d) Refunds shall bear no interest•:" 422-1 14. 48. 070 .(e) The 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 the main line paid for by applicant. (f) The city ' s refusal to allow .any connection or .connections into the mainline paid for by applicant shall not make the city liable . to applicant for any refund which might have accrued to applicant if such connection had been permitted. ' (g) The city retains• the right to allow a connection by a public agency exempted from payment of connection fees and shall not be liable to applicant for refund because of said connection. (h) Reimbursement agreements covering. the payment of refunds shall be in writing._ (Ord. 1985, 2 Jul 75) . 422-2 i .JJ ' City of Huntington Beach P.O. BOX 190 CALIFORNIA 92649 ENGINEERING DEPARTMENT May 27, 1976 Honorable Mayor - and City Council City of Huntington Beach Attention: Floyd G: Belsito Acting City Administrator Subject: Amended .Reimbursement Agreement 75-Dl � Mayfair Construction Co. Dear Council Members: Transmitted herewith is a reimbursement agreement .between the City of Huntington Beach and Mayfair Construction Co. for drainage facilities built in Drainage. District #9 at Mayfair's. expense. This agreement rescinds Reimbursement Agreement 75-Dl dated October 14, 1975. Drainage fees have been collected in the area to refund Mayfair Construction Co. I recommend that your Honorable Body execute the agreement. Very truly yours, 110 H. E. HartgVele-7 Director of Public Works HEH:JWW:jy Trans: R C E V OEPT. OF PUBLJG WORKS JUN 2 5 1976 HURMGTON BEACH. CALIF. 10 i REIMBURSEMENT AGREEMENT 75-Dl STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY," and MAYFAIR CONSTRUCTION COMPANY, hereinafter called "BUILDER," W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY, has at its own cost and expense constructed386 feet of twenty- seven inch RCP pipe, one (1) catch basin, and two (2) junction i - structures , hereinafter called "FACILITIES. ". FA ILITIES have been constructed in conformance with the. plans an specifications approved by the Director of Public Works of CITY, a d FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY' s Municipal Code; NOW, THEREFORE, in consideration of the covenants and agreements herein contained; the parties hereto. agree as follows : BUILDER has constructed, at a total cost of $18,375 .00 a storm drain and appurtenances to serve Drainage District No. 9 . and adjacent properties . Exhibit "A," attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated FACILITIES to CITY. The maximum refund to be paid to BUILDER under this Agreement is as follows : JG: cs l• RECEI VEP 17'.! ' Total ,job cost of FACILITIES: $18,375.00 Less ten percent (10%) per CITY' s Municipal Code Section 14 . 48. 070(c ) 1,837. 50 Maximum refundable, conditioned on funds being available in Drainage District No. 9 fund 16,537 . 50 Refunds shall be payable for a period of five (5) years from the date of applicant ' s application. Refunds shall bear no interest . Refunds shall not exceed - ninety percent (90%) of off- site construction costs . Funds have been expended for Drainage District No. 9 in accordance with Government Code Sections 66483 and 66487 only. Refunds are payable only from a positive balance available in said district ' s fund. 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 drainage area to refund BUILDER for the cost of constructing FACILITIES. CITY shall not be liable for payment of refund by reason of its failure to collect or receive from any person .or entity the drainage fee, or by reason of expenditures made pursuant t•o Government Code Sections 66483 and 66487 . CITY •agrees to use good faith to protect the interest of developers, either individuals or entities , who have previously constructed similar facilities, by collecting the fees , either prior to or concurrent with the development of any property served by the facility constructed 2. REECEI VEO 1-'Ay 4 191k w •r under this agreement . If a developer who develops property served by the facility constructed by BUILDER ' is required as a condition of development to construct additional .facilities , CITY may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due BUILDER by reason of such construction. CITY further agrees to furnish a copy of this agreement to the developer of any properties served by the FACILITIES described herein. In the event CITY does not require .a developer to deposit the drainage fee with the CITY prior to or concurrent with develop- ment , CITY will enter into an agreement with said developer stating that said developer is obligated, not only to the CITY, but also 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 attorneys fees or court costs for any breach of this agreement . CITY and BUILDER hereby mutually rescind that certain Reimbursement Agreement 75-Dl between these parties dated October 14 , 1975 , and hereby enter into this new Reimbursement Agreement 75-Dl on the date first entered below. EXECUTED in Huntington .Beach California on this the . . day of % 1976• • ATTEST: CITY OF HUNTINGTON BEACH (CITY) 7 Bya�&. C ty Clerk a r. 3 �'. 4 fJ; APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ci Administrator City At orn ��• APPROVED, INITIATING DEPARTMENT MAYFAIR CONSTRUCTION COMPANY (BUILDER) 4 . ^ ; RA I I ..• 1 �C4 CF.E R/ k C4MI-CD got al CP as' CF i r RAil w, , R►�o smi C2 i i 'r. r i Ri I rr. isRA-0-CD c2. lot,Rt ^� CF C Mi -CD 42 - i ! R! -RI-PO ' - :•f °' �=�1 :RIB fR� . . -J �'r R'1' 1M At - • j Il _ ^3.- -J �w- �..��. H ' ' C.2 �.ct ! RA-0 -CD RA x � ' ISM •,► ' _ 3� . , MH ' M2-0 RA MI-0 R� R0 Its ` f w.Y '0 i I C 4 R, •�� . f ... •c rya is+' A •. �_ l_ AMC -R 'c" Ills 7. • l / , I I R; MF.p' MI-0 j�a . ),�-�'"� �- -AM, R 3 r i , .R i h y 4 v ..' R' ' _ �RI R4 0 RA-Oa 1 rRs,- P112 April 29, 1976 Mayfair Construction Co. 716 East Edna Place Suite G Covina;. California 91723 Subject: Drainage Reimbursement Agreement 75-Dl Gentlemen: Enclosed please find an amended reimbursement agreement : between Mayfair Construction Co. and City of Huntington Beach for the construction of drainage facilities built in conjunc- tion with the Mark C. Eloone tire store. Please sign. the agreement and return to this office for transmittal to the City Council for their approval. If you have any questions on this Matter, please call John Whipple at 536-5431. Very truly yours, H. E. Hartge Director of Public Works HEH:'n%V:me Encl. s September 29, 1975 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement Agreement 75-D1 Mayfair Construction Co. Dear Council Members: Transmitted herewith is a reimbursement agreement be- tween the City of Huntington Beach and Mayfair Construction Co. for drainage facilities to be built in Drainage District #9. Fees i collected from subsequent development in the area to iefund the $15,480.00 to Mayfair Construction Co. I recommend your Honorable Body execute the agreement. Very truly yours, H. E. Hartge Director of Public works HEH:J"WW:jy Trans. J� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT September 29, 1975 Honorable Mayor and City Council City of Huntington Beach Attention: 'bavid D. Rowlands . City Administrator Subject: Reimbursement Agreement 75-Dl Mayfair Construction Co. Dear Council Members: Transmitted herewith is a reimbursement agreement be- tween. the .City of Huntington Beach and Mayfair Construction Co. for drainage facilities to be built in Drainage District #9. Fees will be collected from subsequent development in the area to refund the $15,480.00 to Mayfair Construction Co. I recommend your Honorable Body execute the agreement. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:jy Trans. REIMBURSEMENT AGREEMENT 75-D1 STORM DRAIN CONSTRUCTION RECEIVED OCT- .9 1975 THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City" , and Mayfair Construction Co. , hereinafter for con- venience referred to as "Builder" . WHEREAS, Builder, pursuant to agreement with City will, at his own cost. and expense, construct 386' of 27" RCP pipe, one (1) catch basin, and two (2) junction structures, hereinafter referred to as facilities, and said facilities will be constructed in conformity with the plans and specifications approved by the Director. of Public Works 'of City, and will be dedicated to City, and City desires to reimburse. Builder for a portion of the cost of the construction of said facilities as provided by the Municipal Code, at the completion of construction: NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Builder. will. construct, at a total cost of $17:,200. 00 a storm drain and appurtenances to serve Drainage District #9 and. adjacent properties. (see Exhibit "A" attached hereto .and made a part hereof for a map of the area served) and will dedicate said facilities to City. The approximate refund to be paid to Builder under this agree- ment is as follows: Total job cost of facilities $1.7;200. 00 Less 10% per Municipal Code Section $ 1,720. 00 14.48:070 (C) Approximate Net Refundable. $15,480. 00 Refunds shall be payable for a period of five (5) years only from the date 'of applicant's application to be filed subsequent to completion of construction. Refunds shall be made from subsequent development at the rate per acre developed set forth in Section 14.48. 050 of the Municipal Code. Refunds shall bear no interest. No refund shall be made by City to Builder until the Director iting to the of Public Works -shall certify in wr Finance Director that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Municipal Code, and that City has received the fee for such connec tion. City shall not be liable for payment of refund by reason of its failure to collect or .receive from any person or entity the '. drainage fee. However, City agrees to use good faith to protect the interest of developers, either individuals or entities, who have previously constructed .similar facilities, by the collecting fees, either prior to or concurrent with the development, of any property j served by the facility constructed under this agreement. . If a developer who develops property served by the facility constructed G by Builder is required as a condition of development to construct additional facilities, City may allow -said developer credit toward E the per acreage fee consistent with this said agreement; and- no fees shall-be due Builder .by reason of such construction. City further agrees to furnish .a copy of this a-greement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to. deposit the drainage fee with the City prior to or- concurrent with development, ? City will provide an agreement. with said developer that said- de- veloper is obligated,. not only to the City, but. to Builder, and to developers who have previously contributed to the 'cost of construc- tion of facilities constructed hereunder to deposit said fee with City; and said agreement will further provide that- in the event that it becomes .necessary to institute legal proceedings,- either by the City .or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the City shall not be required to pay the attorney fees for any of the parties. i. 2 `.A . • - - ' RECEIVED U C f 9. 1975 WITNESS OUR HANDS AND SEALS the day, month and year appearing below. 7 _ DATED this /y day of f : , 19 CITY OF HUNTINGTON BEACH, a municipal corporation • �FZiY}tiJ1,. Mayor ATTEST: i B 4 City Clerk f i APPROVED as to content: By o,a. , City Administrator APPROVED AS TO FORM By City Attorney APPROVED AS TO FORM: Builder DON P. BONFA City At rney . 47 Byt n ity Ittorney i 3 \fJ Ci[} cn. aranc. � TALBERT AYR TAlEE#T A�fM Mt-CO MI RI Rl RA al 1h C4 CF-E yt ' Y rxr. v�Y,oacu R} RI 1a - - - CF-E . if C4 ( CF-R MI-CD MI RI RA R► Rl RI Rl�o ``2 ,a..,t.... M 1 rf '�:.;f „ i RI !tl .....PlS I.t RI RI A-0-CD'Ic r - Rw TAMRI = Ci 2 RI = M RI RI RI RhPp RI • CF-C c a RI Ri - RI 43 R3 r ' R3 S r �� • - ItiKRL of > `• - M1-CD RI RI RI RI 0. R2 RI Rt D'' f Do RI t r► R2 R2 cc - RA- = ^ Q i N RI Rt RYELLIS m`' _ R3 R3 N MI-O-CD M2 I mi-ol I _i R2 C 2 ti C2 . i R2-PD 9 x RA:O-CDI__ ; .. � 3 R a y� „Y R3 { 1 :.R3 MH W M2-0 R3 lii I R3 s +a` ' M1-0 Rs I ii O R3 Rb t t 3 t RA-0 ; .. I C 4 R3 K,..m H ARIM11 J Awl! R3 o- cdn t RI w pa»rZ R3 R I ` { ' rwi=a R3 : pa MMO MI-0 w Rao' Rs R C 4 R� RI n ! L ' R2' ..�, RI ag4- R b R2 g' g I R•I RA-O-• . y Rho R5% ,. _ _. GARFIELD AYi GARFIECD AVEMS '•r IN TRIAL • COMMERCIAL • RESIDENT. STATE LxzNsE #B24M7 _- Mayfair Construction Co. SUITE G 716 EAST EDNA PLACE COVINA, CALIFORNIA 91723 AREA CODE 213/966-7553 September 8, 1975 City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648 Gentlemen; We propose to furnish all labor, materials and equipment as required to install the storm drain at 'the Mark C. Bloome property as per plans dated August 22, 1975, for the total sum of Seventeen thousand and nine hundred dollars — — $17,900.00). Enclosed are bids from three Engineering Contractors. We have used Van Diest Brothers bid in our proposal. This proposal does not include installing the fire hydrant. Very truly yours, MAYFAIR CONSTRUCTION COMPANY . t W.VJE President WJR;erd Enclosures (3) DEPT. OF PUBLIC WORKS S P 8 1975 Hu"NairoN BF-ACH. CALIF. - SUBSIDIARY OF MAYFAIR HOMES, INC. ROBERT G. CASTONGIA, INC. OENMAL ENOINEMNO CONTRACTOR 12323% WOODRUFF AVENUE DOWNEY, CALIFORNIA 90241 (213) TO 1-2228 • WA 3-1123 4ug udt 5, 1975 Nvn d;t uccti on 71 na Place Suite 9 Cvvtna; Cali. Re: 9mplwvement of Si.or,rr /)twin exienAion, �J-JZi /1ve. R Reach Nv('. yen tl emen: We. a e- pleaded ;to guo.te �h.e �fol. owing: 38o jt. 27" Sto un dAa.in .9na.taUa#.ion .inclurl.ing 2 monho)ed and catch 6".cn 072-9). Aj pew, p. and Pa /Yla/?A (,. Bloome 784o5 Reach. Blvd. Hunt. Beach. 118,400.00 VAN DIEST BROS., INC. State License No. 157555 15305 S. Lakewood Blvd. — Paramount, Calif. 90723 ME 3-2835 NE 6-4286 ' Mayfair Construction PROPOSAL - 716 E.. . Edna Place Suite "G" September 5, 19 75 Covina, Calif. Dear Sir: _The undersigned-proposes=to`=furnish all materials and perform all labor necessary to complete the-following: Job : Mark C. Bloom 1846'5 Beach Blvd. — Huntington Beach, Calif . We will install the 27 inch storm drain including 2 manholes and-_1 catch basin as shown on un ing on eac _ s p an for storm drain extension on the north west corner of EllisAve.- and Beach Blvd. All of the above work to be completed in a substantial and workmanlike manner for the sum of Fifteen . > _Thrn,_and Fi vP H 1ndrod (S 15,500.00 ) Dollars _ • �lE�i14��€si�s?EbC�3 a�i�)6 - _ )@(000)=)4X)q.X;4Xc}¢0�{The entire amount.of contract- to-be paid within 30 days after completion.- Any alteration or-deviation from the above specifications involving extra cost of material or labor wHI•only be executed` ' upon written orders for same, and will become an extra charge over the sum mentioned.in this contract.-All agreements. must be made in writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay.all'Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully submitted, Van Diest Bros . Inc. 4Con or } ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date_ 1A e.....� Form 1{7 - ... _ 1AF0,IN U.S.A. rear i wauxm Co._PUBL.ISH&W.CHICAGO Pr000sal No. (SPECIFICATIONS AND ESTIMATE Page No. of Pages PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of: e , Contractors are required by law ,i_____d and regulated by the- Contrac. tors' State License "1: and fie) ions conicerning77- referred - otio�tot -:rg� ad. dress is: Contractors' .a#e License Board 1020 N Street -r1e11+eflig-Calffamia-9581 d WE PROPOSE hereby to furnish material and labor—complete in accordance with above specifications,for the sum of: dollars($ ). Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from Authorized it above specifications involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.Our workers are fully Note:This proposal may be covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. ACCEPTANCE OF PROPOSAL The above prices.specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be Signature made as outlined above. Date of Acceptance: Signature