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HomeMy WebLinkAboutMills Construction Company - Reimbursement Agreement 70-D3 - TOPIC 1 LEGISLATIVE HISTORY RECORD FILE NO. DETAIL 7-6---)b 3 DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 5-z1-7I — TA,b jj,5-,(3. jj E v N(,- 1'A-L N(i U 7� uto IOa v/bYt0-d-0 +--lrAoud [ c 'Al cho' I FILE NO- I u TOPIC 1• , COPY for %iasicr File C t- ,1 i---��1 r ';1 10T ,�►VED. REIMBURSEMENT AGREEMENT FOR TO CITY CLERK STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON l BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and MILLS CONSTRUCTION, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a storm drain to serve Builder's sub- division Tract No. 5904 and adjacent properties in Drainage Area 12 and said storm drain has been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and has been dedicated to City and City desires to reimburse Builder i for a portion of the cost.of the construction of said storm drain . facilities as provided by the ordinance code and as formerly agreed to, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the .parties hereto agree as follows: Pursuant to agreement with City, Builder has constructed, at a total cost of $28,.293.40 a storm drain and appurtenances to serve Tract 5904 and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facility to City. The refund to be -paid to Builder under this agreement is as follows: Total job cost of facility- $28,293.40 Less: Refund credited by waiver of fee @ $1,000.00/acre- 5,988.00 Tract Acres Amount 5904 4.078 $4,078. 6231 i.910 19910. Net Refundable- $22,335.40 , 70-D3 ' 1 • O No refund shall be made by City to Builder until the Director of Public rr Works shall certify in writing, to the Finance Director that Builder is entitled to a refund by reason of connection having been made-to facility in accordance with the Huntington Beach Ordinance Code, and City has received the fee for such connection.' 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 from an administrative, legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities, who have previously constructed the drainage facilities, by the collecting of the drainage fees, either prior to of concurrent with the development, of any property served by the facility constructed under this agreement. If a developer who develops property served by the above facility is required as : a condition of development to construct additional storm drain facilities, City may allow said developer credit toward the peracreage fee consistent with this said agreement; City furthei agrees to furnish a copy of this agreement to the.developer of any properties served by the facilities des- cribed 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 developer is obligated, not only to the City,-but to developer, individuals or entities who have previously contributed to the cost of construction of storm drain facilities constructed hereunder to deposit said fee with City; 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 storm drain facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitiled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- r A) It is understood that the City is not required to institute legal proceedings to protect the interest of the builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this Z046 day of , 19 70 _. CITY OF HUNT GTON BEACH, a municipal corporation j -Mayor ,. ATTEST: City Clerk MILLS ONSTRUCTI(N COMPANY By ( . r) Builder APPROVED AS TOFORM: Don P. Bonfa, City Attorney By As'st.10MUkX City Attorney STATE OF CALIFORNIAJ COUNTY OF ORANGE ss. On this 5th day of January, 1970, before me, May Watson, a Notary Public, personally appeared BERNARD SOLOMON, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. �.... .................r..4Y WA750N..... �l./mac, �( l" �✓r St^t'°' `.....`ni° Notary Pub is in and for said t:i:¢c In .: y Rrsnge County 4 County and State .......... ....... " ......................... -3- lit V- - z A;k J 9-3 14,1b'd&I�'CL &J, u hldl� AA r77) k -h=14 A4 S ,� All .. 1 .fc-'. IF* V7" J t ff City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 18, 1973 Honorable Mayor And City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Reimbursement Agreement No. 70-D3 for Construction of Master Planned Storm Drain, Drainage District #12 Gentlemen: Mills Construction constructed the subject storm drain. Fees in the amount of $10,762 . 21 have been collected from developers who have connected .to this line and said. sum is refundable to the developer per the conditions of the agree- mbnt. The above amount is the remaining balance of Agreement No. 70-D3. Enclosed is a resolution to. authorize the expen- diture from Drainage District• No. 12 funds. It is requested that sum be -reimbursed, the check be made payable to Mills Construction, 3106 East Willow Street, Long Beach; California. I , Very truly yours , I 14. E. Hartge'`" Acting Director of Public Works f and City Engineer HEH:TM:ae Conibtaction Com ta.n 3140 EAST WILLOW STREET LONG BEACH,CALIF. 90806 PHONE: 426-1389 f I ` September 20, 1973 l I City of Huntington Beach P. 0. Box 190 Huntington Beach, California " Attention: Mr. Bill Hartges Subject: Reimbursement Agreement Storm Drain Tract 6231 and, Tract 5904 Gentlemen: It is our understanding that additional construction has proceeded in the area included in the subject agreement. Please advise whether or not we can expect some payment in the near future in accordance with the terms of the subject agreement. Ver truly yours. I Be'rna rd S o n BS/rmm R F C V E I � DEPT. OF' PUBLIC WOF•v'KS.a SEP 21 1973 tiUNTINGTON BEACH, CALIF. I _ Ne Ne p e I June 149 1971 Hills Construction Company 3106 East Willow Street Long Beach, California Attentions B. Solomon Subject: Reimbursement Status Correction Gentlemen: As confirmation of recent telephone communication with you, we have reviewed all previous storm drain reimburse- ❑ ment to Mills Construction Company. We find you are still entitled to reimbursement of $10,762.21. This amount had erroneously been charged against Agreement 70-D39 but it is now apparent that it was due you for other reimbursable construction. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engiiieer JRW:EILsTM:ae 1 • ` � V City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT April 27, 1971 Honorable Mayor and City Council City of Huntington Beach. Attention: _Doyle Miller City Administrator Subject: Reimbursement Agreement No. 70-D3 for Construction of Master Planned Storm Drain at Algonquin d Heil Gentlemen: Mills Construction Company (B. Solomon) constructed the subject storm drain. Fees in the amount. of $11,543.19 have been collected from developers in Drainage District 12 and said sum is refundable to the developer per the conditions of the agreement. ' The above amount is the remaining balance of Agreement 70-D3. Enclosed, is a resolution to authorize the expenditure from Drainage District No. 12 funds. It is requested that sum be reimbursed, the check be made payable to Mills Construction Company, and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works o JRW eN:ml Encl. !` 4 /9 11/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 12 FUNDS. WHEREAS, the City Council of the city of Huntington Beach has adopted a Budget for the Fiscal Year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Eleven Thousand Five Hundred Forty three and 19/100 dollars ($11,543.19) is hereby authorized to be made from the Drainage District No. 12 Fund payable to Mills Construction Company for work performed per Reimbursement Agreement No. 70-D3. PASSED AND ADOPTED this day of , 1971. Mayor ATTEST: i City Clerk Flay 21 , 1971 bills Construction Company jiOb East Willow =trees Long Leach, California Attention: S. 5oloi:wn Gebilemen: Enclosed is a check for $1i,5431:19 as reimbursement D in full for all store► drain fact lities constructed by you in.-Drainage District 12 per terms of Agreement 70-D3. Very truly yours, James R. Wheeler Director of Public forks E*ic 1. Lovejoy Divisbn Engineer JM%:EIL:TN:ae Encl. `y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT NO. 12 FUNDS. WHEREAS, the City Council of the city of Huntington Beach has adopted a Budget for the Fiscal Year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Eleven Thousand Five Hundred Forty three and 19/100 dollars ($11,543.19) is hereby authorized to be made from the Drainage District No. 12 Fund payable to Mills Construction Company for work performed per Reimbursement Agreement No. 70-D3. PASSED AND ADOPTED this day of , 1971. Mayor ATTEST: i City Clerk MILLS CONSTRUCTION COMPANY GENERAL CONTRACTORS 3106 East Willow Street Long Beach, California 90806 426-1389 City of Huntington Beach DATE March 10, 1969 Huntington Beach, California JOB No. YOUR ORDER No. TERMS: QUANTITY DESCRIPTION UNIT PRICE TOTAL Labor and material to install Storm Drain as directed: Easy Construction Company $9,468.75 Ikenberry Trucking (Sand for Backfill) 928. 96 VTN Engineering 364.50 Total #10, 762.21 EASY CONSTRv CTION COMPANY general engineering contractors J 20D riewPp ort boulevard` • �Fosta"mesa, california 92626, _- `�� (714) 645-2052 INVOICE 44 No. Mille Construction Co. INVOICE 3-3-69 3106 Be Willow St- DATE sTOD Long Beach,'California SHIPPED L TO Re: Extension of Sto= Drain, Tract 5904, Huntington Beach OUR ORDER NO. YOUR ORDER NO. SALESMAN _ TERMS I SHIPPED VIA IPPo.ORCOLL. - ..- 1 i QUANTITY D E S C R I P T I O N -PRICE- -AMOUNT 20 IJ 18" RCP 1500-D Q t 13.75 5 275.Ou 173 TA 48" RCP 1300-D @ 26-75 49662.3_ 1 E1 Junction Chamber Type "A" 0 111430.0 1r430.O( 1 Special Junction Chamber ® 1*370.0 19370.0( 1 Pd. Catch Basin a301 O 800.00 800.0( 338.69 WS Send (Supplied by Mills) (Labor Only) Q 2.75 9314 Per det tn7 tickets TOTAL WORE COMPLETED - 8 9,468.7! :LESSa. Joint Checks to be issued: Easy Cortetrudtion Co. A roster'Sand & Gravel - 8 369.52 y Easy Construction Co. & ANFAC.1 - 19597.68 Easy Construction Co- & Long Beach Iron storks- 637-82 Total - 3 2;605.02 LESS TOTAL JT. CHECKSTO BB IS5 - 29605.0; EASY..CONSTRUCTION CO. BALANCE 6,86 3.7: LESS 14 o RETEEnIOId 686.3 i PLEASE ISSUE A CtHM TO MSY CONSTRUCT ON- S 6,17713E Thank you. PRINTED BY ORAYARC CO..INC..BROOKLYN 32.N.Y. N � orange county ENGINEERS ARCHITECTS PLANNERS 2301 CAMPUS DRIVE, IRVINE, CALIFORNIA 92664 (714) 833-2450 CLIENT . M$600 Mills Construction Co. IZVV O 3106 East Willow Street DATE . 2/28/69 INVOICE NO. 34787 Long Beach• California 90806 WORK ORDER-TRACT NO. G 3753 PURCHASE ORDER NO. Please enclose this copy Re-Design and Construction Staking for with your,-remittance City Revised Storm Drain, INVOICE PERIOD TO .Hours AMOUNT n FIELD Restake Storm Drain 3 Man Reg. 2.Dt3 7a.pil Storm Drain Pipe Stakes � Supervision 2.00 32,00 3 Man Reg. 7.50 262.50 TOTAL FIELD 364.50 sir AMOUNT INVOICED * 364.50 i } PROGRESS BILLING TOTAL AMOUNT DUE AND PAYABLE r_ DON IKENBERRY TRUCKING u '.".' 1920 PONTENOVA AVE. HACIENDA HEIGHTS. CALIF. ED. 6-7978 Date March. 71k I9- s To Mills Construction Address 3106 Willow St. C;t, Lont Beach, Calif. Harbor East 1 rnnqf.- ISand Fines Material 28,34 26.08 2670 26. 36 " 1 2674 25.85 " `y Total-105 66 Tons at 2 6 Y''-- State and a ` L 2250173 STATEMENT 1 �Mi �.� - ry _ _ �� ti.�•' Y r�. -y? yam FrA DON IKENBERRY TRUCKING 1920 PONTENOVA AVE. HACH:%DA HEIGHTS. CALIF. ED. G-7978 Date Feb ru mrv� 2R' J 962 To Mills Construction Address 3106 .Willow St. City Long Bench, Calif. � ^ t I -Inh Harbor East Joh 1 I i I I Huntington Harbor, Calve I Easy-, Const Sand Fine 1 ` Inv, No. 1 .98184 25. 36 n 1 n I[it n I 1 1 I i n In t 67 26. 39 n .• r a. rt in rt I 1532 25.87 " 1 r It lot U53025, 27 " } t' i it It rl rr rr n It r► 2296 25.00 '► 2294 27. 36 " It n 2191 25.90 '► Cont. on next Page) Red rm ' STATEMENT aK ass r i DON 101 BERRY TRUCKING i 1920 PONTENO`✓A AV& HACIENDA HEIGHTS. CALIF- ED. 6-7978 F • Date February 28 � 19—U To —Mills. Construction I • . I Address 3106 Willow 3t. City Long Beach, Calif. I ! To tat-285 81 Tons at 2.126 645.93 Total- 678 23P i 678.23 r sue:r•+ t t� r Rodifo. STATEMENT = � M IK 882 ( EASY CONSTRUCTION COMPANY PIPELINE CONSTRUCTION 2053 Newport Boulevard, Costa Mesa, California Phone: (714)4idik 645-2052 QUOTATION AND ORDER for ENGINEERING CONSTRUCTION WORK To: Mills Colstruction Company hereinafter alled Owner 3106 E. billow S reet Date: January 2, 1969. Long Beach, California as . Co�nst�. Coo; a duly licensed company, hereby proposes to construct in a good and workmanlike manner for Owner, subject to terms and conditions set forth herein and on the reverse side hereof, the work as noted and defined herein for the unit prices as set forth below: Additions to Storm Drain System, Tract 5904, Huntington Beach. 18" R.C.P. 1500—D 20 L.F. 0 13.75 $ 279.00 48" R.C.P. 1300�D 1'/731 46e,—L.F. @ 26.95 r ,-3 40 �F� Z.311 Junct. Chamber Type "A" 1 each (G: 1430.00 1 ,430.00 18,E X 48" Junction 1- eg h—r—' 1n5_.00 445,00 /! ) Special Junction Chamber 1 each @ 1370.00 1 ,370.00 Brick and Mortar Plugs 2 -each-4 11©-.00----- 22-0.UO /yC Catch 'Basin #301 11-_81 1 each @ 800.00 800.00 Apron Transition a-- each 4P. 175.00 _175.0a - $8,687.00 G` Easy Construction Co. will install snad and/or grout supplied by Mills -Construction Company at a charge of $2.75 per delivered ton. on the following described real property: Tract-59Q4. Lot in the City of Huntington Beach County of Orange __, California. 1. Owner agrees to pay to Contractor for said work listed above a sum based upon unit prices .set forth herein extended by quantities as actually installed'. Owner shall pay ninety-five per cent (95%,) of each invoice upon presentation. The retained balance shall be paid to Contractor thirty (30) days after completion of work covered by this contract, or at such time as the sewer system is used or connection made thereto by Owner, or his agents, representatives or successors in interest, whichever is sooner. 2. Contractor shall at his own expense carry all Workman's Compensation Insurance and Public Liability Insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of Insurance shall be filed with the Owner if Owner so desires. Acceptance You are hereby authorized to furnish and install the above equipment and materials at the price and under the terms and conditions as set forth above and on the reverse side hereof: Owner r By ,J ` Date Accepted: —, 19_— Engineering/Contractors Easy Construction Company, 3. All quotations made herein are for immediate acceptance and valid for a period of fifteen (15) days from date hereon. 4: Contractor shall not be liable to the Owner for any delays in the performance on his part in said work should such delays be caused by the unavailability of materials, strikes, acts of God and any unforeseen contingencies which are beyond the control of the Contractor. The Contractor shall not be responsible for any damage occasioned by the Owners' agents, acts of God, or other causes beyond the control of the Contractor. 5. Any costs incurred by the Contractor as a result of delays in construction caused by Owners, other sub-contractors or contractors, or Owner's agents, representatives or assigns, shall be paid for by Owner, and if the Contractor is forced to temporarily abandon the job site or is interrupted in the continuous operation of the construction, because of the aforesaid delays, moving!"in and out" charges will be added to the price aforesaid. 6. Contractor agrees to set manholes and cleanouts at time of construction to either "blue top" elevations as shown on grade stakes or to elevation below subgrade if desired by Owner or inspection authority. In any case, the unit prices set forth herein for man- holes and cleanouts shall include setting each manhole and cleanout once only to grade. Any subsequent changes in elevations to a maximum of six (6) inches shall be done at an additional charge of thirty-five dollars ($35.00) per manhole or cleanout, plus an additional charge of thirty-five dollars ($35.00) for each additional six (6) inches or increment thereof. 7. Any sand or rock required shall be paid for at the rate of seven dollars ($7.00) per delivered ton. 8. Bid is based upon backfilling with native material and compacting same by flooding and/or jetting. Any other method and/or material required by Owner or inspecting authority shall be paid for as an extra. Any specific density of compaction shall be specified by the Owner or his agents on the.plans or in the specifications furnished by the Owner or his'agents. 9: All excess dirt from excavations by Contractor shall be left at trench site; any removal of dirt from trench site, including the re- grading of streets.and lot grades shall be the responsibility of the Owner. 10. Any material that cannot be excavated by a Parsons 155 Trencher at the rate of three hundred (300) L. F.'per day shall be paid for on the basis of total costs plus fifteen per cent (15%) profit. The minimum charge shall be four (4) hours for complete crew and all equipment on job. Total costs to include buckets, teeth, drill bits, explosives and expenses incurred to procure same. Equip- ment rates to be based upon the latest edition of the Rental Rate Blue Book as published by the Equipment'Guide-Book Company of Palo Alto,'California. 11- This contract shall be deemed to be completed when the mainlines, manholes, cleanouts, and laterals are installed to grade and the backfill is placed and compacted in accordance with Condition No. 8. Any necessary repairs:or,•cleaning,of the sewer lines after completion as herein defined,:shall be the responsibility of the Owner. 12. All permits, inspection fees, assessments, engineering fees and resurfacing costs shall be paid for by the Owner. Road Department permits shall°be'obtained by the Owner in his own name. 13. Owner agrees to furnish water at his expense.to Contractor within the job site in amounts sufficient'-for flooding of trenches and construction purposes. 14. Extra work shall be paid for on the basis of unit or lump.sum prices mutually agreed upon by the Owner and Contractor. In the event agreement is not reached, such work shall be paid for on the basis of total actual cost=(including overhead) phis fifteen per cent (150/a) profit, Contractor shall not be deemed to have waived his right to compensation for extra work if the same is not provided for in writing. a In the event Contractor shall institute and prevail in any action or suit for the enforcement of any of its rights hereunder, Owner shall pay to Contractor a reasonable attorney's fees on account thereof. 16. Ariy.controversy or claim arising out of or relating to this contract, or the-breach thereof, shall be settled by arbitration in accord- ance with the Rules of the American Arbitration Association, and judgment upon the award renderedlby the Arbitratof(s) may be entered in any Court having jurisdiction thereof. LYNAM - WOOD CONSTRUCTION, INC. 2333 E. Coast Highway - Corona del Mar, California 92625 (714) 675-5631 January 9, 1968 Mills Construction Company 3106 East Willow Street Long Beach, California Gentlemen: We propose to provide an addition to storm drain system, Tract 5904, Huntington Beach, as follows ; 18 R C 'P 1500-D 20 if @ 14.08 $=281-60 48 R C P 1300- 160 if @ 31. 23, 4996.8G— Junction Chamber -1 each @ 1727 .00 1727 ,00 __-- Type A 14"x 48" Tie In 1 Each @ 110 .00 ✓ 1.10_:.00-- Junction Chamber 1 -Each @ 1550 .00 ✓ 1550 .00 - - Special Plugs 2 .Each @ 150 .00 300 .00-- Catch- Basin#301 .W-8 1 -Each @ 1000.00 ', lOQ.-m- Apron Transition 1 Each @ 195.00 r/ 19'5.00 Total .$10, 160, 0 Lynam .Wood Construction, Inc. , will back fill with your sand at $3.00 per ton. . Sincerely, Vincent E. . Wood, . President jmc a MUNICIPAL PIPELINE & CONSTRUCTION COMPANY P.O. BOX 5536 BUENA PARK,CALIFORNIA 90620 PHONE 714 826-4500 B I D P R O P O S A L January 9, 1969 MILLS CONSTRUCTION CO. 3106 E. Willow St. Long Beach, Calif. Attn: Mr. Brodie Quote Tract #5904, Huntington Beach. ITEM 1 Lump Sum, Concrete Work - 3 Structures $5P000.00 ITEM 2 Protection of Apartment Building 900000 ITEM 3 160 L. F. 1t811 R. C. P. @ $29.00 per ft. 4,640.00 ITEM 4 20 L. F. 1811 R. C. P. @ $16.00 per ft. 320.00 TOTAL BID $lo,86o.00 Re pe fu1Submitted, Ivir, President NIC ALELINE & CONSTRUCTION CO. I i UVI l j w j_ I �- � � � I � j �yNAM-�Y�r�i �/v�Y/e/.�-G► �= Y; � /�/af rt.-P/J"!/'- N/T i jv"TA6, i 75'iit a' :AJ I I 6 j I 7j I � 737 i-- !; I !! 04,,coo, 37,13S ; I I I � I l j I ► � I I � i j �"��� ;fir: �/�.i ,�ro�`c���az • ! i i I I � i I I ! � i � I ev .1-3-0-o- I -XI F-z 4L- y ------------ ---�VI�`-� � ���— — - - � _ �� - Lrnend / - - - — ------------ - 're,�du�J��z`_ --%�__�/l -- ----mod- sr�-��-�.d�,�----��'���s -- - - -- --- --�i.{�/"GcG��----�y--���L /h ,(//JL-=IG�L.�� ---�r__L�r_a�S_o_i" ---- - -- --- - ---- -- ,r � �/P s .a I SJ''�/tJ Y!I/yr/i,' - �'Ojt�S� �'►7,t �N �� U�. •i j .1_ - 1 Al — -i-' ,r �-. 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L•..''!e r /'�ilr. �fl° (i 7 '. r /�7Y1.z?� DRAFT REIMBURSIEMENT AGREEMENT FOR THIS AGREEMENT entered into by and betYreen the CITY OF HUNTINGTON BEACH, ` a mu&ipal corporation, hereinafter for convenience referred to as "City", and faf� '<-�� �; , hereinafter for cm venience t referred to as "Builder". i WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed a .=%lJfv�, z_w_.� '.� to serve Builder's subdivision Tract No. ���7(J ' and adjacent properties in and said has been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and has been 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 ordinance code and as formerly agreed to, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Pursuant. to agreement with City, Builder has constructed, at a total J cost of� �l.r�,' a '�'���<< v.: �� and appurtenances ci to serve and adjacent properties. (See Exhibit "A': attached hereto and made a part hereof for a map of the area served) and has dedicated said facility to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facility $�z Less: Refund credited by waiver of n fee @ `;_'__ ,� rF ! $ Tract Acres Amount Net Refundable $ J.. i e . 7eP—A? • 1 �J ' 1 No refund shall be made by City -to, Builder until the Director of Public Works shall certify in writing, .to the Finance Director that Builder is . entitled to a refund by reason of connection having been made to facility in accordance with the Huntington Beach Ordinance Code, and City has received the fee for such connection. City shall not be liable' foi payment of refund by reason of its failure to collect or .receive from any person or entity the fee. However, City agrees from an administrative, legislative or quasi judicial procedure to .protect the interest of developers, .either individuals or enti- ties, who have previously constructed the „a, y facilities, by the o collecting of the fees, either prior to or concurrent with +� the development, of any property served by the facility constructed under this agreement. If a developer who develops property served by the above facility is required as a condition of development to construct additional facilities, City may allow said developer credt toward the per acreage fee consistent with this said agreement; City. further agrees to furnish a copy of this agreement to the developer .of any properties 1 served by the facilities described herein. .In the event City. does not require a Builder to deposit the .t144 R fee with the City prior to or. concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only be/cpsP to the City, but to -Bui-lder, individuals or entities who have previously contributed to the cost of construction of facili- ties constructed.hereunder to deposit said fee with City; said agreement will A i ? further provide that in the event that it becomes necessary to institute legal proceedings, either by 'the City or by Builder or otfier developers, who have j previously contributed to the cost of /71Y;:� %, 4t. ✓ facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City .shall not be required to pay the attorney fees for any of the parties. -2- It is understood that the City is not required to institute legal proceedings to protect the interes.t of- the developer, but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED .this day of , 19 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clprk i 1� a -3- i - f Jyl 7 �sy f � 7✓��f 1 (: . G•L!',j!/1.+'% - '. �`F:•�i. 'r".'r.�fJ,/i_'FI �•.^�IG /J'.�(/7G [/�"� �, ' - �i _f� _- : f', C - ...�c` ','_ ✓ _- _ r�/,rfi %",as+} /'6!�i7�Giri:%:,r ✓ rd' �r ' �`�fi _ _ .�:."Ciir.,+'' v ... :c(_r�.r�r�G.. �/•-,�/ (;r'!1 f/%'�.;' /; „i :i�.^6i / i � L� J• !�!•i' . -/r .•%'�,!%G•�i- •5` /�l a6t i /.•�.!L: ..,�f..- e`i�'. •�d� '" J`��� , .Cr - '�"-�di'�' �f�. ���. ✓.��i<: r!/✓.��.�fQ,�/: ... !Lr%'N� G`/�;it ._ir'+= :?Gfi+ .•.r-; ;� ., / , �J ���, � / '"•''1r.+ .r yam' �� r! . I,_. _ �"��r���- Cl r-�'.�. �,� .. � ter,.:-, . 'r.. , dG S . , r_'+'l�%^� ,:✓;, � n-: ;J,7 - ��%, ��f , ;r ter• �';.�^��i�..- .��(L{. ��� r+�� ;,.i�!'3:ter. /.��.i /r ���� /r�fIGC tf �t//..'it � � , !� /1 _.-� x`J� ,,,,�{r, ,+'.:i+_. �• "!-r%_�l';'�.'J'i �l�.�aal_l .'� ,I� SQ S J� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT December 22, 1969 Mills Construction Company 3610 East Willow Long Beach, California Subject: Tract 6231 Gentlemen: Reference is made to your letter of November 26, 1969 concerning the credit or difference' in size of the water main from 6'! to 8" to accomodate future users, and the charge for construction water which you indicate you did not actually use. Based on previous experience, the difference in cost between the 6" and 8" main for this type of installation would be approxi- mately $1.40 per foot. Based on the 530' of main installed in LeGrand you would be entitled to a refund of $742.00. The proposal which you submitted indicated a difference in cost of $800.00. I recognize your position in requesting a refund for construction water on the basis that you actually did not use that amount of water. However, it would be impossible to determine the exact amount of water that was actually used from the other source. In view_ of the uncertainty regarding both items, I suggest that we use your figure of $800.00 for the difference of cost in the 6" and 8" water main and disallow your claim for the refund of $135.00 for the construction water fee. If this meets your approval, please notify me and we will immediately process the papers for reimbursement. Very truly yours, James R. Wheeler Director of Public Works 6E � Ot e City Engineer JRW:HEH:ae bcc: R. Stang led Mullen Eric Lovejoy 3106 EAST WILLOW STREET LONG BEACH,CALIF. 90806 PHONE: 426-1389 November 26, 1969 City of Huntington Beach Engineering Department Huntington Beach, California i Attention: Mr. Hartge Subject: Water System Tract 6231 i Gentlemen: Confirming our telephone conversation , we are enclosing the copy of the p roposa.l involving the increase in the water main from 6" to 8". It is our understanding that the size of the line was increasedfrom 6" to 8" to accommodate future users and that this differential would be reimbursed by the City of Huntington Beach. Our original fee,,for construction water at the time of$ recordation was 135. 00; however, the water system was not installed until this month due to a delay in the engineering design. Our building was color coated prior to the installation of the water line and it was necessary for us to use metered water from Tract 5904. We would appreciate any credit which may be due us for I this charge. With best regards. Very truly yours, Bernard Solomon BS/.y/rmm Enclosure 0 a .moo= I ?ROPOSAL and CONTRAC , Date OcI air elt Z5, 19� TO ; b66 4 sgpw 4-4bgc ban- Ca 3106 Cr»t b1itl-ow Lan4 Beach, Ca-�An/ a Telephone 426-1389 Dear Sir: propose to furnish all materials and perform all labor necessary'to complete the following: fA= 6" fi" E- to 8" rl C All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of L-,� handed _ Dollars($800.00 ) Payments to be made ca4h art Gompte t zort as the work progresses to the value of_ per cent ( %) of all work completed. The entire amount of contract to be paid within 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. Respectfully s itte NOTICE UNDER THE MECHANICS* LIEN LAW(CALIFORNIA CODE OF CIVIL By - PROCEDURE.SECTION IIaI ET SE0.). ANY CONTRACTOR. SUB CO N- y j. TRACTOR. LABORER. SUPPLIER OR OTHER PERSON WHO HELPS TO 2,506 LU�/J i1. �a �/JL• /71 Lf1hP/�.IJL, IMPROVE YOUR PROPER TY BUT IS NOT PAID FOR HIS WORK SUP:P� PLIES. HAS A RIGHT TO ENFORCE A CLAIM AGAINST YOUR PROPS G ERTY.THIS MEANS THAT.AFTER A OURT HEARING.YOUR PROPERTY ADDRESS COULD BE SOLD BY A COURT OFFICER AND THE PROCEEDS OF THE SALE USED TO SATISFY THE INDEBTEDNESS. THIS CAN HAPPEN 827_4g�3 EVEN IF YO U'HAVE PAID YOUR OWN CONTRACTOR IN FULL, IF THE SUBCONTRACTOR. LABORER, OR SUPPLIER REMAINS UNPAID. - TELEPHONE ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date 19 '1 PROPOSAL—SUBCONTRACTOR—WOLCOTTS FORM 564—REVISED 11-66 MEMO TO 1 cy�`�/` D A T E FROM �3 D �r1 630 y d x �J 17 ROWRRO. PHONE 588-1281 Manaz4v DISTRIBUTORS PIPE-VALVES•FITTINGS-STEEL-PUMPS•RusS[R OILFIELD AND INDUSTRIAL SUPPLIES 5125 SANTA FIEAV ENYE • LOG ANGELES.CALIFORNIA 90030 1770 GOLDEN STATE HWY. BAKERSFIELD 93301 I'll. $05-324-9721 2919 SEVENTH STREET BERKELEY 94710 PH. 415-549-1160 2151 BREA BLVD. FULLERTON 92631 PH. 714--879-2350 2735 CHERRY AVE. LONG BEACH 90806 PfL 2.1 3-4 2 4-8 1 4 5 201 SUPPLY ROW TAFT 93268 PH. 805-.7 6 5- 41 58 3486N.VENTURA AVE. VENTURA 93001 PH. 805-643-8646 -J ,::.-Aaa Lonifzuetion �om an 3106 EAST WILLOW STREET LONG BEACH,CALIF. 90B06 PHONE, 426-1389 December 24, 1969 City of Huntington Beach Engineering Department P. 0. Box -190 Huntington Beach, California 92648 Attention: Mr. H. E. Hartge Subject: Tract 6231 Dear Mr. Hartge: With reference to your letter- of December 22, 1969, please be advised that the settlement as outlined in your letter will be satisfactory. Thank you for your cooperation in this matter and for your past favors. Best regards, Very rut y yours, Bernard Sol on BRS/pgs -� �/—�. s a 1BIRP ,ate, T 44,�v 461- - f� ,`I�Gy>d 7-1 Awe YQII�114 s ' (/r ! , / , A "GiG>staGGe-�1r5r - /raG, c6, � n.�r 7 sfrc� l�¢� •! S Q,! S�rvGr� drO A V ` �!` 0 llp"/d frrs/y. cJiGGr° sG, �` ip 3 i / C/GZ/ 407800 + 1 91 00 0 + 598 80 01 T 2 8 2 9 34 0 59880 0 -- 2230540 T 2 177 65 0 + 258425 ' 75 00 0^ - 25 1 1 075 5` 20674o + 1 1 1 52 5 + 2829340 b 407800 - 1 91 00 0 - 2230540 T ") EASY CONSTRUCTION C0IIPANY General Engineering Contractors 2053 NEWPORT BOULEVARD COSTA MESA, CALIFORNIA (714) 549-2257 1 INVOICE , ' t I NO. 'Mills Construction Company INVOICEDATE 1_g_6B if SOLD 3106 E. Willow Street • TO Long Beach California SHIPPED TO -Storm Dram on Tract 5904 4 OUR ORDER NO. YOUR ORDER NO. SAL EBM AN TERMS SHIPPED VIA PPD.OR LOLL. QUANTITY D E S C R I P T I O N PRICE AMOUNT Contract Amount on Storm Drain 219776.00 r Plus 1,013.70.Tons of Sand $ 2.50 per ton 29584.25 TOTAL DO - 249360.25 Less Joint Check Issued: - Easy Construction Co. do American Pacific Concrete Pipe Co.- 119,287.68 { = BALANCE - 139072.57 ' Less joint Check to be issued: Please issue the follovinR Joint Voucher: - Easy Construction Co. & Byron L. Crume, Inc.- S 832.33 IRS - 6 832.33 EASY CONSTRUCTION CO BALANCE - 12,240.24 LESS 10f RETENTION - 19224.02 BALANCE DUE EASY CONSTRUCTION CONPANY& 11.,016.22 -- Les.$ Payments .made to Easy Construction Company.e 12-2-68 - 3 19600.00 12-11-68 - 2,500.00 12-18-68 - 1,600.00 12-18-68 .19600.00 1-6 -68 1,250.00 1-6- 68 - 1,250.00 Total - $ 99800.00 isss- 1 99800.00 BaInce Due- 1 1,216.22 PLEASE ISSUE CHECK TO. E&SY CONSTRUCTION- 19216.22 This invoice supersedes No. 66 471 dated 12-20-68. We 'paid Graham=Skidmore Rental S 195.00 with Ck. No. 197 Phone 528-8090 . (Dated 1-7-60) tle paid LW Crane Service, Inc. 8 231.20 with Ck. No. 196 _ Phone` 968Y 2527. (Dated 1-7-69) - , a :PRINTED BY ORAYARC CO..INC..BROOKLYN 32.N.Y. `4 1 3 7 9 4 BEACH 6 0 U L-E V A R D .. W E S T M i N S T E R, CALIFORNIA TWINOAKS .3 -3563' - - - To Mills Construction Co. 5600 DATE 10/3.1/66 - - - INVOICE NO. 26443 .. T31�06 East Wi'llo�9 St. - WORK ORDER-TRACT No. (iTR 5_904 Long Beach, Calif. 90806 PURCHASE ORDER NO. LOCATION - INVOICE PERIOD 10 O1 TO 10 3.1 ;NGINEERING SERVICES- AMOUNT OFFICE Street Plans Storm Drain Plans , Grading Plans Quantity Estimate TOTAL OFFICE $36. 88 PRINTS AND FEES Blueprints TOTAL PRTS/FEE _ 5.61 AMOUNT OF THIS INVOICE 342.49 PROGRESS BILLING NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE r �^ • —- 611 To ¢,/�( CLIENT €1� JOO N� (��a#p� ((��¢ p(p y�+►jq(� /► DATE (12/�T,7�11 MILLS 1skYNSIM+tl1CTI���Ji�J coo INVOICE NO. JC�3a � 106 EAST WILLOW Slo�q [ WORK ORDER-TRACT No. LONG REACINt CALIF, w\ 806 PURCHASE ORDER NO. L J PLEASE ENCLOSE THIS LOCATION COPY WITH YOUR REMITTANCE • INVOICE PERIOD TO / _NGINEERING SERVICES AMOUNT 0 F F I k TRACT MAP LFGAL O SCR I P'T I ON STREET PLANS _ STORM DRAIN PLAMt ; GRADING PLAW', PLOT PLAW QUANTITY ESTYMATE IIIPROVEMI NT COST ESTIOATFS IRM Ei�1lIPiF+�T Gl�gRE;E P P. I N T S A V 6) F k E 8 FINAL TRACT UP EIl.,INS FEE NOTARY FkF. TOTAL f►WT8.IiIFCE �C.F3A «I�r aMr) INJ INIvOICE) m* 1Q .LA 1 PROGRESS BILLING NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE tloolkozj, e7n�� 5��m e�c. 13794 BEACH BOULEVARD . WESTMINSTER, CALIFORNIA 92'683 - ( 714 ) 8 9 3-3 5 6 3 ( 714 ) 534-84.44 To y►/� -I— - CLIENT m5600 y .- .. DATE $/, l/�'v@ MILLS ONSjTPUC/T I ON CO.. INVOICE NO. p032.7 116 . - 3106 MART WILLOW BY, .H p� 'WORK ORDER-TRACT NO. 7 f79'1/4_` . LONG BEACH r CALIF}. 90W PURCHASE ORDER NO. L_ J PLEASE ENCLOSE THIS . LOCATION COPY WITH YOUR _ �1ja�yy REMITTANCE _ • - INVOICE PER 10-A j TO 11 A rj LNCIINEERING SERVICES - A M O U N T C F F I . TRACT UAL' LEGAL, . UESCR.I PT I ON DTRE4T PLANS SEWER PLANS STiORM URA I N PLANS 'OFFSITE. 'STCla7A- DRAIN P4ANS I GRADING PL-AN IDM ECU1PMENT CNARO s TOTAL, CFFICK ��a��,aa pR I NT8 A- N0 t~ E E 8 PLUEPfi I NTT. TOTAL PRTs/Fl"E. AMOUNT INVOICED •r► 404*62 a PROGRESS BILLING . . NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE 1--3 7 9 4 BEACH BOULEVARD . W E S T M I N S T E R C A L I F O.R N 1'A 92683 --- - - ,( 7.1 4-) 8 9 3-3 5 6 3 1 7 1 41 5 3 4-8 4 4 4 - 1To (-� .I CLIENT f'�p(560 j0/G DATE M* jS. 'CpNSTRUCTfqN 009 INVOICENO. {J 09 340 40 0I 6 3106EAST YbLLOW ST* WORK ORDER-TRACT NO. T 900[4 LVO BEACH/ CALIF* .90606 7 -• PURCHASE ORDER NO. - - L J PLEASE ENCLOSE THIS . LOCATION - COPY WITH YOUR _ /REMITTANCE qq _ INVOICE PERIO S/�/ TO Uf Nl .NGINEERING SERVICES - AMOUNT _ .. 0. F F - TRACT MAP LEGAL DESCRIPTIONSTREEY PLANS . STORM .[)RAIN' PLANS CRAi)IN(3- PLAN aUANf tTY ,ESTIMATE . IHPR0VEM-F N 7. CC,�T ESTIMATES STRUCTURAL DESIGN + CALCULATIONS, IBM ECUIPMENT CHAROF TOTAL OFFICE lClr•�C� F I P FLAG FOR DEMOLlilON OF CLEARING TOTAL FIELD PR I NTS AND FFE .9 BLUEPRINTS TOTAL POTS/FEE .**.. AMOUNT INVOICED PROGRESS ` BILLING NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE ' I C�it?�YtPlr1- - e1� 2 r�iu: 1_�_l Li 1 3 7 9 4 B E A C H BOULEVARD . W E S T M I N S T E R, CALIFORNIA 9 2 6 S 3 7 1 4 ) B 9 3-3 5 6 3 1 7 1 4 ) 5 3 4-B 4 4 4 To ' CLIENT M5600 . �. MILLS CONSTRUCTION CO• DATE 11/30/W 3106 EAST WILLOW STREET INVOICE NO'33954:`.' LONG BEACH, 'CALIF. 90806 WORK ORDER-TRACT NO.T 5904 PURCHASE ORDER NO. L_ J PLEASE ENCLOSE THIS 4 LOCATION COPY WITH YOUR ` REMITTANCE INVOICE PERIOD TO :NGINEERING SERVICES - AMOUNT OFFICE FINAL DIRT ESTIMATE ' TOTAL OFFICE 37.50 FIELD SEWER MAINLINE STAKES POWER POLE STAKES STORM DRAIN PIPE STAKES TOTAL FIELD 609.50. PRINTS AND.-FEES BLUEPRINTS TOTAL PRINTS AND FEES 3.23 ** AMOUNT .INV010ED PROGRESS BILLING NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE - - - 1 3794- 8EACH BOULEVARD WESTMINSTER, CALIFORNIA 92683 - .- ( 714 8 9 3-3 5 6 3 ( 7 1 4 ) '5 3 4•8 4 4 4 _ To _ CLIENT. _� - • .. - DATE- 1G/i�1/f/9 MILL-8-CONSTRUCTION. .Cl. INvDicE No. 034 320- 3106 EAST T.I►,L OW S.j o .a{� WORK ORDER-TRACT NO. T 5-904 LONG , BE:ACH P CAL.I F' 90806- -PURCHASE ORDER NO. L J PLEASE ENCLOSE THIS LOCATION COPY WITH YOUR REMITTANCE INVOICE PERIOD TO. :NGINEERING SERVICES - - AMOUNT . WATER LINE STAKES 4ATER METER STWS CATCH BASIN .STAKES TOTAL FIELD 450 P l I -N t` 8 A N C F L E .S OLUEPRINTS TOTAL. PRT.S/FEE ** . AMOUNT. INVOICED PROGRESS BILLING :iY if NO STATEMENT RENDERED.TOTAL AMOUNT DUE AND PAYABLE EASY CONSTi-vJCTION COMPANY general engineering contractors 2053 newport boulevard • costa mesa, california 92626 (714) 645-2052 INOVOICE 66 1 2i0•- .. MiINVOICE 6-20"D9 lls Construction Co. DATE C 7 .SOLD 3106 E. Willow St. TO. Long Beach, California SHIPPED - TO - - - Re: Revision and extension of storm drain system beyond original contract. OUR ORDER NO. YOUR ORDER-NO. I.SALESMAN I TERMS 1.11HIPPED VIA IPPO.of COLL. QUANTITY D-E S C R I P T 1 O N - - PRICE AMOUNT Moore on and move off — 250.00 Extending and revising storm sewer from original. contract— = 500.00 TOTAL DUE EASY CONSTRUCTION CO. -• 750.00 750.00 PRINTED BY ORAYARC CO..INC..BROOKLYN 32.N.Y. _ - , `� ,, �I� 11111 IIIIIIN���B Dili 1 �� Ilil � 111 i� ''�� . � . F���............... ...��. �e�a���u����������i��l����1 ° Rl�i1111��1111 111l� �� A STATEMENT Phi 62e-1116 6601 SCA Miser • P. O. 80116s PLACENTIA, CALIFORNIA 92670 196�L c 72 080 lo.d40 me. Coerwrd*V Tins a Oq ►rlw :S�S's� Dr. Cf. O W"m too& Toil Piet 69 —73 S D. I I fi+ , i I �i■elg��ri■iiliii\iiiiiiiiiii�0 ■ i y 01 = 1 1111 111 0 IN11111111111 1� illll l 111111� �t EDRALINE CORPORATIC PONELINE C®NMUCTIOBSI 2053 Newport Boulevard, Costa Mesa, California _ wee (714) 549-2257 --.— •®UOTATION API®' ORDER _ _a J. ENGINEERING CONSTRUCTION WOE Kills Construction Co. hareinaftex called Owner 3106 E. bliliow Date:_ September, 18, 1968 Beach, C'abi:orhia , .. flraline Corporation, a duly licensed company, hereby proposes to construct In a good and workmanlike manner for Oar, ambJect.lg terms .and conditions set forth herein and on the reverse side hereof, the work as noted and defined herein for the unit Dr�cez as set forth below: : .TORM DRAIN Brick ds Yzrta.r Plug / 2 each @ 110.00 220.00 -Ap R.C.P. 1300-D r/ 657 L.F. 0 22.50 14,782.50 ._--Cone. Collar 1 each It 95.00 95.00 45" R.C.P, 1400.D CZ196 L.F. 0 21-.50 4,214.00 'j0" R.C.P- 1500-D 110 I .F. @ 14.00 1,540.0. - --' Catch Basin W=7.0' - 1 each @ 750.00 750.00 Local Depressipn f 1 each @ 175.00 $21,776.50 -G- A°1 v_r.aP, 235 L.F. @ 3.00 S_ 705.00 4-4#' 1:64 1f6O.P9I 506 L.F. ® 3,.20 1 ,619'.20 Manholes 3 each @ 305.00 915.00 601 Saddles 3 each (41 55.00 165.00 C. 60.00 Conc. Encasement 10 L.F. @ 6.00 374 4.20 w �l on the fdlowing described real property: Tract`—5904 _ Lot in the City of Huntington Beach o Count, d, Orange ,/California. 1. Owcrsx a s to pay to Coistractor for said work listed above a sum based upon unit prices set forth herein extended by quantities as ftva ltalled� Owner shall pay ninety-five per cent (95)/r) of each invoice upon presentation. The retained balance shall be p®ld W Contractor thirty (30) days after completion of work covered by this contract, or at such time as the sewer system is Wed cr coaan made thereto by Owner, or his agents, representatives or successors in interest, whichever is sooner. 2. Contractor &hall tat his own expense carry all Workman's Co m nation Insurance and Public Liability Insurance necessary for the full protection of Contractor and Owner during the progress ol�the work. Certificates of Insurance shall be filed with the Owner if Owner so desires. Acceptance You ,are hereby authorized to furnish and install the above cegiUscnent and materials at the price and under the terms and nowbUoym as set forth above and on the reverse side hereof: j Oitte AeM.W' , tg_; &Sealiiiorne Corporation, Engineering Contractom b N ftAmmm SUCCONTRACT `Ns SUBCONTRACT,between...ULS...Cg .trust-3.QXa__.C.ompany...........................herein rmlled"COINTkACTOFR,,, and.......NabmV...Canat-ructi.f n..0.ampany............................ herdn called "gUBCOINTRACI'OR," provides as follows: u, MOJECT—The work to be performed hereunder shall be a portion of the work being carried on by Contractor unto S na tt o n Beach...California_............and shall be done in accordance 4ith the terms of the Contract Documents,Spedbcationa at d tlDmvwingi and Addenda for said project,which are hereby defined to mean and include: S'euentry eight units in accordance with plane and specifications prepared by James N. Schuler and Associates, dated Sept. 110 1968, Job Nos. 570m7, 560-79 algid 601-8, pages 1 through .35 inclusive, including pages ST-1, GR-1, G-1 and Said Contract Decurnents, Specifications and Drawings and Addenda are hereby referred to end by this reference made i part of this agreement as fully aA if hereto attached and herein eepeated. 2. ARCHITEC>!'—The Owner has employed �,trein called"ARCHITECT,"to design and/or supervise the construction of said project. 3. INDEPENDENT 1NVF:STlGATlQN BY SUBCONTRACTOR —"Subcontractor has satisfied himself, by his own investigation, inspection of the job site and research, regarding all the conditions affecting the work to be done and materials to be furnished, and as to the meaning and intention of the plans and specifications and the general conditions, thereof, referred to herein, and basing his conclusion to execute this Subcontract on such investigation, independent of any estimate or other information prepared or furnished by Owner, Architect, or Contractor, proposes to fur. nish certain completed work, herein described, as part of said project. No estimate or bid of Subcontractor preceding this Subcontract, and no verbal agreement or conversation with any representative of Owner, Architect, or Contractor, either before or after the execution of this Subcontract, shall affect or modify any of the terms or obligations contained herein. All provisions of the above mentioned Contract Documents, Specifications and Drawings which are applicable to this Subcontract or which in any way affect the work herein described, shall have the same effect as if written in full in this Subcontract, except insofar as such provisions may be specifically changed by this Subcontract: 4. WORK COVERED AND CONSIDERATION — Subcontractor agrees to furnish all labor, material, supplies, equipment, services, machinery, tools and ocher facilities of every kind and description required for the prompt and efficient execution of the work described herein,and to perform the work necessary to complete STORK DRAIN Brick and Mortar .Plug 2 each 48" B6C'-P. 1300�-D- 657 L.F. Conc. Collar - 1 _f 45" R.C,,P. 1400-D 190 L.F. �3 0" R.C.P. 1500-D 110 L.F. Catch Basin ;V=7. 0' 1 Local Dep r•ess i on 1 SEWER 6" T .C.F. 235 L.F. 8" V.C.P. 506 L.F. Manholes .3 6" Saddles 3 Conc. Enedsement 10 L.F. Easy Construction Company will install sand supplied by Mills Construction Company ® &50,per delivered ton. #0 the said paajeet fn strict accordance with tSe above mentioned Contract Documents, Specifications and Drawings, and to-the full setisfaction at @Oraptance of the Oarner, Architect, and Contractor, for the t6tal sum of. .925.. prid.e adjustmeffts is the contract biased upon differences between contract qus.ntities q t i fee will b® made according to tYie unit prices set forth urn the 9nd corist"nctiott SeAralind Proposal dated September 18, 1968. Page 1 • COX9�(E 8°136�FS' ER+�(I°IAX):l@S —,1t cn$ioy only eomppeetteile, eiirtful,oitleriy perso it' u'pgn its woelt;aid it'1i notifi WIM Ilq beistr etor&66116 lebet od etsq Dian adPioyed by Subeontrt�¢ior is tinsaiisfictory, Imriiedisiely to remova s h person frorn ik wont. M• 1R8�'bR t t - t.o fanrfiuh dsily reparta f t6iractor iiiasircb (orni is Coniriabr ieiiyi ev�qulrt, of the kk66"_aitd ai'eii atimn ' tube tierit a ft. _ _ R&I iQ hill eeci% Mili tw fidHiber of t ieri in dich, and inch oilier inforitiaiitltin eeiirdirin WA id triiy be #4giieitiid by'Contei`ctot. ' fM.9 LAW — To 66e1iiii at Mil iA6hq ali perrnl lifid lic"eitses; to etit"nplyat4itb1 ill iiwi,oidlb nce�; tttiftRs;-et tr66fist t►rdira itadl-co- wa-la-stinatltn of the C14i (bouncy, Se& and ped�rlsl Qovernmenti,'and of iiiy�lHoard or CwLnitliselon•or otliie duly.4niliQ beds hiviQ jifrfad8t�6en; ply mill or ailjghi Inci bs spply to the W—061; Arid w ifinwiin Coin*ctoe'i Liarae A ii:4Wr6d by ifie Stilts oiu Cfillfornii: ��. AaRGEIQ41[31a T—To iataiip or sulklet no portion of this Subcontract or payments tkteuuder witbout Hirst ttkainiatg pemitaion in e►rhitau fit n Cnhwnawo 6hol th n chOy oesbjeca to provisloits o.1 this Subcontract. LIENS, RTC.—To pay,main due, ill claims for labor and/or materials and/or subcontracts spplied on or f6milshed hereiinnder,end to peavesa A[? MOIng of tseay Odeaa of rinkhanica or materialgnen, or bttechmehts, garnisbonenN or euite involving the title of the ppropltrty upon w1ifils ilm Gbftez are 2r ¢d. ffiaCbcontracaoa a�reea ^Aiihin en (10) days aftei written demand is aids sseffi to h ha at the ad drew herein cantalne by Mited ffit6ta ineA, to cause the effect of any sti-h suit or lien to be removed from the premises, end in the event Subc®titract®r sheli fail bo to-do, Con- ttQwnmr Is authorised to ttts4 whatever means it may deem best fo cause said lien, atiachmehi, br suit, together 'with Its effect, upon ilk chic m ka removed, diecberged, sablied, coanororeiied or dismissed and the costs thereof, together ttiieli reasonable attorrnaYs feiiu. shall Wodg i*msi6 tdv d'M Contractor. Saabeotitraetor,tn'ay liifi;);ate any lien or suit' above-described piovided he cause the iffeee,thereof to be iemoved from tube paer5ti6 e6va tm� tt.wMed, ahA ahsil further ,do such things ii•may. be necessary to cause Owner not to withbold;any moneys due to Contiractor from O*her by artoaaie 06 atach liens,or oiaih, and shall execute and deliver is Contractor such affidavits, contraa:•ia; bills, records, aoi:ounis, etc., as Conthisor may &emi n3biw6ty for&It proatetdon in such event. " 37. At"ItIOMY'S FM — To [iy to Contractor, in any ieltion brought to enforce aha perform u"nee of this Subeotetrkik tar any of dw 8eFablq itxc &ffines or ctddhiaans.thereof, and in any,actioi brought against Subcontractor by third 6artieo in which Cogteietor is joined Its a rt�, evwbeo 62 1v� pi+6ciW io judg nnartt or hoe, ail itddiiibnal reasonable amount is attorney's fees, and this pro:1s6 i shall also apply to airy a't Q� any bat o fetaaslabed .reviader. M UNSOILvigmy OR 9ANKR67' MY —' In the event Subcontractor commits any act, of insolvency or bah.kNotey this, Sist�Bnkreat may be QaiWhated at o0iM of Contractor. Auihority is bereb granted to any Ananciai institutiop, initerialman or individivil to diselcie baboIDntreS wed dY mb dal stiitui� credit and manner of inileting obligations. 30. a AIMS VdIh DkLAY OR IbAMAGES 4_ Subcontractor' shall not claim or be entitled to receive any,eoiapeniatlon of damsigrcs beeainaa off $tadldiia of b wMr, Aarehltect,or Coauisctor or other Subcontractors, to have relited portloni of the woo# eompleW to time foe ebi work of me fthic mrieior io pied. & Huns A14D ASSIdNS—this Subtotttaact shall inure to the benefit of, and be binding upon t6 heirs,•imecirtors,adminiittvatorJ And ®f Qhr;• rxspicdira jWrtles hereto, and •she asiiina�"of isid Contractor. 41. M&1tFbkHANtZ AND LABOR AND MATERIIAL BONDS,= If requested bi Contractor, 5uliftntiacmi aril 6401A a oieM u M'oaJ 0a0rrir sled iiiaterd®I Ind o3 berms In aloe forit dr forms pmvWcd by she Contractor in the etisbunt of this Sub6mairact, wleieb bbatll br bstm6 gM10 k a twvV o.,oun0lea matepttable w Camonvor. Q2. R01ICI5— LMy as dM tatquired or whdcl•h t>aay be given pursuant to the teams of this aufZeaaartt ict Mq ba. OMM44 p;RM000Y M ft empgh- OW0,42FAof F." of¢he jobskm or nony be served by regiaiend mail diaected to the addaimm s6wn Mm?L 43. Subcontractor agrees that any funds received from the Contractor on account of the subcontract shell be used primarily for the purpose of paying Subcontractor's employees and materialmen. If required by Contractor. Suhcontractor agrees to designate any amounts paid to*materialmn for the work and materials covered by this subcontrart asapplicable only to this suhcotitract. If required by Contractor, Subcontractor agrees to accept checks made payable jointly to Subcontractor and any materialmen furnishing materials far the job. 44. Nothing contained in the contract documents shall create any contractual relations between any Subcontractor and the Owner. 45. The terms, conditions and method of payment hereunder shall he subject to the applicable provisions of the Owner's Construction Loan Agree- anent with the savings and loan association, bank, or other construction lender involved. Copies of this agreement are attached hereto. ............................... ads...............8_0.............day oi......1Vomlembar...................................... ..68... Mi.11-s...G'o-h s-t- ud tlam...Cbmpany............._..................... a✓ NTRAC TOR By... .. �... ............................. Whose Addmu is: 31.06•Eas 9'W i 11 o co ......................................................................... Loy Bsacha:• Cal tforrlas .......................................................... o Easy.... Q �t:i�et i o>'a Col ....................................... F - - - / Whore Adams da: �.....----•.................:.........:...............•--....... 4 �.S.V- , ' Y.>F: �,, :-, i -5.. .. r7�..t..:.�-aw...:as� -:i _. ..., - _._ - - --- --- -._" ',-<-'�•', S & M PIPELINE, INC. SEWER MAINS • WATER MAINS • HOUSE CONNECTIONS • EQUIPMENT RENTAL 849 N. MAIN ST.. ORANGE. CALIFORNIA 92667 TELEPHONE: 633-9950 October S, 1968 Bid Proposal Harbour East Co. 3106 E. Willow Long Beach, Calif. Storm Drain: Tract # 5904 65V - 48"- R.C.P. 1300-D ® 22.50 per foot - - - - - - $ 14782.50 196.1 - 45" ROC.P. 1400-D @ 21.30 per foot - - - - - - $ 40174.80 110; - 3011 R.G.P. 1500-D @ 17.50 per foot - - •• . - - 6 19925,00 2 - Brick & Morter Plugs $ 75.00 each - - -. - - - 150.00 1 - Concrete Collar @ $ 250.00 each - - - - - - - - - 250.00 1 - Catch Basin (W-71 V-5 0) 0 $ 725.00 each -• - - - -$ 725.00 1 - Apron Trans. 0 A 200.00 each - - - - - - - - - 200.00 Total - - - - - - - - $ 22,207 0 Rock where required Q 7.00 per ton Sand where required @ $ 4.00 per ton No Permits, Inspection or Engineering Fees. Does not include any resurfacing. Any sewer, utility or other pipelines to be removed or relocated to be clone by others. S M Pipe lin, , Inc. E.A. Moloemik resident Y PROPOSAL and CONTRA,,.' Date—T/v 7 — TO / // i �-s^ /1/S or -Telephone 40 1'��7 Dear Sir: —.L— propose to furnish all materials and perform all labor necessary to complete the following: 1 �G�.4 �� 'i/ /� .> t. r R //7/3��/✓ 0406we —oZ o 0� r r T- a vZp ea.e TP i � N_S — / .:r Mc 7W10N All of the above work to be completed in a substantial and workmanlike mann_W ccording to standard practices for the sum of _r1'yj2($j� 0. ' Payments to be made T-e-w are Ol A i N / *J y-el— yA %y A1 ,94iT` t��lisa01W NiW XI�A. X,4111_Oe A 1 rz1vT �.✓/je:✓ //�vit died as the work progresses to the value of per cent ( --%) of all work completed. The'entire amount of contract to be paid within —days after completion. I�R.TV ,(.Pp-I1 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. RALPH HON Respectf Yly submitted, SEWER CONTRACTOR' NOTICE • 8160 E. ROSECRANS UNDER THE MECHANICS'CS�"L LIEN LAW(CALIFORNIA CODE OF CIVIL of By PARAORNIA PRO CEDURE.SECTION IISI ET SEQJ) AHY CONTRACTOR, SUBCON- TRACTOR. LABORER. SUPPLIER OR OTHER PERSON WHO HELPS-TO IMPROVE YOUR PROPERTY.BUT IS NOT PAID FOR HIS WORK-OR SUP- PLIES; HAS A RIGHT TO ENFORCE A CLAIM AGAINST YOUR PROP- ERTY.THIS MEANS THAT.AFTER A COURT HEARING.YOUR PROPERTY ADDRESS COULD BE SOLD BY A COURT OFFICER AND THE PROCEEDS OF THE SALE USED"TO SATISFY THE INDEBTEDNESS. THIS CAN HAPPEN EVEN IF YOU .HAVE PAID YOUR OWN CONTRACTOR IN FULL IF TH ONTRACT SUBCOR. LABORER. OR SUPPLIER REMAINS UNPAID. TELEPHONE ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which agree to pay the amount mentioned in said proposal, and according to the terms thereof. ACCEPTED Date 19 PROPOSAL-SUBCONTRACTOR-WOLCOTT9 FORM 564-REVISED 11-66