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Rodney and Nan D. Eide - Reimbursement Agreement 77-W1 - Wat
TOPIC FILE NO. LEGISLATIVE HISTORY RECORD Nk' o DETAIL fe-1 O�,/ GI12SE rE£rn£xf7' 77-=W t i �N� Y ��ejJ FI�G , •_` _ MA *IV Zk AaC &NI3.6/3 OQ DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE /o- 5- Ott _ S' i 4 _ r o ' -i- M r ocl I FILE NO, TOPIC i l i 4 I I 1`I I I I D 1 IJI I I n I _j n I I nw I I I I I r'I I 17I6 I'I I I I-i`I I I el TYPIST PLEASE NOTE—THIS SCALE CORRESPONDS TO.TYPEWRITER (PICA) SCALE—SET PAPER GUIDES SO THAT CARD SCALE WILL=REGISTER WITH MACHINE SCALE.WHEN CARD? IS TURNED INTO WRITING POSITION. START INDEX THREE(3)POINTS FROM LEFT EDGE OF CARD, USE OTHER POINTS OF SCALE FOR OTHER DIVISIONS OF VISIBLE TITLE,SET TABULATORS TO INSURE PERFECT ALIGNMENT OF EACH DIVISION OF INFORMATION. FOLD BACK OR REMOVE STUB AFTER TYPING. USE NEW TYPEWRITER RIBBON. REMINGTON RAND —20 DIVISION OF SPERRY RAND CORPORATION fiRRc•151M G ART-CRAFT BUSINESS FORMS-- (714) 535-795- REO.NO. 413172 DEPARTMF—wr w:is l 2 , I I IH.tA I' 1 6 7 Acc:'t No. 12 M MD D Y Y M M D D Y Y 25 78 13 18 19 24 Date Required PRAIING10N RFACH - g�,� c John Whipple iYlATERIAL Requested by p. Approval _ REQUISITION Approved by Contacted For additional information call John Phone PURCHASING 5522 J \ Phone DATE I . 7/6/78\11, VENDOR # P.O. # V • S • E Rodn.ey and Nan Eide H N D 21181 Poston Lane P O R Huntington Beach, CA 92646 T D F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay & Add: Terms: days • • • Partial payment on Reimbursement .Agreement No. 77-Wl . ,Cash with order. $290. 00 TOTAL $ 790 00 REQ.NO. AMOUNT REQ.NO. AMOUNT REQ. NO. AMOUNT i 2 3 REQUEST FOR CITY COUNCIL 'ACTION Submitted by ' H. E. Hartge,1040t- Department Public' Works Date Prepared June 23 , 11978 Backup Material Attached ® Yes No Subject Reimbursement Payment City Administrator's Comments G 13 Approve as recommended. Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue Rodney and Nan Eide, Builders, have monies due them under Reimbursement Agreement 77-WI Recommendation Adopt the resolution authorizing partial payment of $290 to Rodney and Nan Eide for construction of a water main. Analysis In early 1977 , the Eides constructed at ,a total cost of $2225, a water main in MacDonald Avenue to serve properties adjacent to their develop- ment. The agreement with the Eides calls for reimbursement from fees collected from subsequent development in the service area. Fees in the amount of $290 have been collected from a developer whose project is serviced by the subject water facility. Funding Source The payment is to be made from the City' s water fund. HEH:JWW:me PIO V78 RESOLUTION No. 4628 A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 77-Wl FROM WATER FUND FOR INSTALLATION OF MACDONALD AVENUE WATER MAIN WHEREAS, the. C`ity Council of the City of Huntington Beach has adopted a budget for fiscal year 1977-1978 by Resolution No. 4479 ; ,and Section 5 of said Resolution No. 4479 specifies the procedure .for authorizing expenditures from special funds ; 'and The Director of Public Works and City Administrator have recommended an expenditure from the Water Fund, and the City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council that partial payment of Reimbursement Agreement No . . 77-Wl in the sum of Two Hundred Ninety Dollars ( $290 ) is hereby authorized to be made from the Water Fund to Rodney and' Nan Eide for in- stallation of the MacDonald Avenue Water Main. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of June; .1978. ATTEST: Alicia M. Wentworth City 'Clerk Mayor APPROVED AS TO FORM: BY: G Deputy . City C 1.eyk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: r��z r,�11 City Administrator Director agrPublic Works WSA:bc JJ. Res. r. STALE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is 'seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular, meeting thereof held on the 3 day of July 1978 = , by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Alicia M. Wentworth City Clerk and ex=officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy -.�...., .•,., ,n. ''+",.iN&; �-,.�x ,�.�� a��,.-..,Sr.+ww•«.w, ,�+'..1.4t C$" ..i.,�,�;r .,. w.vr '.". �..�r'. `x-`".,' "Yt"""'% ;a t x ry • , WHITE CITY AT'r*nttsv O' ^ - BLUE-^-CITY CLE411( ' CITY OF HU�GTON MACH - No GIR EEN-CITY At?MINISTRATOR ^�. CANA*Y.-DEPARTMENTAL. REQUEST ORDINANCE of- Rtw U i 1 ON Date Requm made by t 6-2-18 John Whipple Public Works INSTRUCTIONS: File request in the City Administrator's Office quu 'v as possible but not later than noon,one Week pIrior m the Council Meeting at which it is to be introdueed. Print or type,faate ne ri tl6r,0 Attorneys use in preparation of �. ?►,separate. paragraph outline brkpy reasons fir the request of pertinent to the subject.All sppV,,P�'WP"Mmu3 be Cleated and appro"d by the Dircoor of Finance before �isti ator's Office. Preparation of an OW1�1Em Resolution is hereby requested: Authorizing payment of $290.00 to Rodney and Van Bide as parts tl payment on' Reimbursement Agreement No. 77-WI for the i0tal lation o the MacDonald Avenue grater main. Pa)rment is to be »lade from the Water- Fund. � y p� 4 is i jt a k rt S f1p !t i 1 gyp¢$ i 4 r Y f 99 r, Desired effective date Signed: � � Apis o✓c'c as to availability of funds - � Dirsc6e3r 017 Piil;ixsCc City Attorrey—Pi se prepare and submit printed copies to this cc by: , ,v City o Huntington Hunti ton Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT D �.q . D tier � r 1911 CITY OF HUNTINGTON BEACH TO: Honorable Mayor and City Council ADMINISTRATIVE OFFICE ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE: September 14, 1977 APPROVED BY CITY COUNCIL SUBJECT: Reimbursement Agreement No. 77-111 __ Water Main Construction STATEMENT: CrrY c671 K Transmitted herewith is a reimbursement agref4ment between the City and Rodney and Nan Eide for a water main line installed in MacDonald Avenue at their expense. Fees will be collected from the area served to pay the reimbursable amount to the Eides. RECOMMENDED ACTION: Approve the agreement and authorize the Mayor and City Clerk to execute same. ANALYSIS: The Eides have, at their own cost and expense, constructed a water main and appurtenances to serve their development at 7872 MacDonald Avenue and adjacent properties for a total cost of $2, 225. 00. The amount that the Eides are entitled to have reim- bursed is calculated as follows: Total Job Cost of Facilities $2;225.00 Less: Eide 's Portion of Water Facilities 258. 50 Gross Reimbursable . $1,996. 50 Less: 10% per Huntington Beach Municipal Code, Section 14 .20. 010 196. 65 Net Reimbursable $1, 769. 85 Payment of the above amount will be made from subsequent development as set forth in Section 14.12.010 of the Huntington Beach Municipal Code. FUNDING SOURCE: . Refunds will be made from the Water Fund. HEH:JWW: lw r.v REIMBURSEMENT AGREEMENT 77-Wl WATER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for con- venience referred to as "CITY" , and RODNEY EIDE, AND NAN D. EIDE, hereinafter for convenience referred to as "BUILDER" , WHEREAS, Builder, pursuant to agreement with City, has, at their own cost and expense, constructed 195 lineal feet of 8" A.C.P. water main, hereinafter referred to as FACILITIES, to . serve Builder' s Development Lot 155 of Tract No. 417 (AP #142-092-3) and adjacent properties known as Lots 134, 135, 136, 137, 152, 153, 154 of Tract 417, and said Facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works* of City, and have been dedicated to City, and City desires to reimburse Builder for the cost of the construction of said Facilities less Builder' s portion of said water line, as provided by the Mun- icipal Code, NOW, THEREFORE, in consideration of the covenants and agreements herein .contained, the parties hereto agree as follows: Builder has constructed, as .a total cost of $2,225. 00, a water main line and appurtenances to serve Lot 155 of Tract 417 and adjacent properties. Exhibit "A", attached hereto and made a part hereof, is a map of the area served. Builder has dedicated said Facilities to City. The refund to be paid to Builder, out of available funds, under this agreement is as follows: Total . job cost of Facilities $212.25.00 Less Builder ' s portion 258. 50 Gross refundable $1,966. 50 Less 10% per Huntington Beach Municipal Code Section 14. 20. 060 (C) 196.65 Net Refundable $1,769. 85 -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 Facilities in accordance with the Huntington Beach Municipal Code, and .that City has received the water service fees from the area served. Refunds shall be payable for a period of five years only from the date of applicant's application for main line extension. Refunds shall be made from subsequent development as set forth in Section 14.12.010 of the Huntington Beach Municipal Code. Refunds shall not exceed ninety percent of offsite construction costs. Refunds shall bear no interest. Refunds shall be payable only to the original applicant or applicants. Upon death of applicants, the right to refund shall terminate. City shall not be liable for payment of any refund by reason of its failure to collect or "receive from any person or entity the water service fee. If a developer who develops property served by the Facility constructed by Builder is required as a condition of develop- ment 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. In the event City does not require a developer to deposit the water service fees with the City prior to or concurrent with develop- ment, City may enter into an agreement with said developer stating that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction' of facilities constructed hereunder to deposit said fee with City. The City shall not be required to pay attorney's fees or court costs for any breach of this agreement. It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder. -2- WITNESS OUT HANDS AND SEALS the day, month and year appearing below. DATED this S'44 day of 1977 CITY OF HUNTINGTON BEACH (CITY) a municipal corporation �a Mayor RODNEY IDE (BUILDER) NAN D. EI � .� • t-• �� ATTEST: 17 07 City Clerk APPROVED,. AS TO CONT NT J / 9 City A inistrator ' APPROVED BY INITIATING DEPARTMENT Dir ctor o ublic Works APPROVED AS TO FORM: y ttor e �•e -3- 142- 09 HOL T S N ° ° AVENUE in t Sp io 125•0 .'S' ♦s' nq CT TRACT -i A %so• l32' a 0 10 N p a. V 109 1 a 28 0 (276J 2540 �(©a REVN o 'v /p " 0 I LOT I 21 /P9 !P9 127 126 /Pff 124 N �'134133 3 _ 35 AC. % NO 6c',W ? lid 116 Q 31 :23 f W io2 ' N 20'1 m N 0 117 2 ` /9 2 120 18 i MACDONALD AVENUE S 4u —45 Ty So' So' ins 14 2 6 014 !I " a 157 1S6 .53 154 153 t 15P 151 1501 1491 14911147 �-INoICkTES ARC-A 56WO NOTE — ASSESSOR'S BLOCKB ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PAGE 09 SHOWN /N CIRCLES COUNTY OF ORANGE REQ.NO. 4 1, '3 6 2 DEPARTMENT USE • II , I I d � I � � I I I I I_j lH A lO 1 6 7 Acc't No. 12 M M D D Y M M D D Y Y 25 78 80 13 '18 19 24 Date Required :r HUNTINGTON BEACH - MATERIAL Requested by UV�f � �J Approval REQUISITION `�~` '�� �- Contacted Approved by �v PURCHASINGFor additional information call `" Phone Phone DATE VENDOR # P.O. # V • / j C / S • O T O F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay& Add: Terms: days QUANTITY UNIT DESCRIPTION 7 7- 4 - -7-7 - Yu5 30 7z o TOTAL $ /d REQ.NO. AMOUNT -REQ.NO. AMOUNT REQ.NO. AMOUNT 1 2 3 4 S 6 7 DEPARTMENT COPY USE BALL POINT PEN ONLY PRESS FIRMLY CASH RECEIPT CITY OF HUNTINGTON BEACH P.O. BOX 711 L 1.10 '77'z 7�', c" 1; 'o, HUNTINGTON BEACH,CALI FORN'?--7 9,21154�ii, (714)536-5511 rro 7 c 7 6 S CITY TREASURER WARREN G: HA-.LL:l '7 7 14 U!j DEPT. ISSUING RECEIVED FROM ADDRESS FOR t/r/ " 71 AMOUNT RECEIVED CASHE] CHECK0,--� $ A.B.A. RECEIVED BY ACCOUNT AMOUNT f----------- 02- v TOTAL eo No. ji I;')--1 -'G DEPARTIMENT 'f Q • CITY OF HUNTINGTON BEACH •� INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH 4 To H. E. Hartge From F. B. Arguello Director, Public Works Director of Finance Subject RA 77-W1 , 77-W5, 77-W4, and Date March 1 , 1979 77-S2 The above referenced reimbursable agreements have sufficient funds to cover the requested amounts. F. B. r uel to Director of Finance FBA/WL/cg fl OAKS MAR 01 9 yv � AIiF t i t t � 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From A. De La Loza Director of Finance Contracts Administrator Subject R.A. No. 77-Wl f�._Vu Date May 30, 1978 Attached please find the following: 1 . Contract with R. & N. EIDE approved by Council 10/3/77. 2. Approved as to form by City Attorney 3. Certification of fees received by Public Works Director 4. Receipts and verification by Accounting Division Accordingly, I hereby recommend payment of $290.00. 1 A. De La Loza Contracts Administrator AD/cg ' JA ' City f Huntington Beach k � og ^ P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT � TO: . Honorable Mayor and City Council CITY OF HONTINGTON BEACH ATT : Floyd G. Belsito, City Administrator ADMINISTRATIVE OFFICE FROM: H. E. Hartge, Director of Public Works #4 DATE: September 14 , 1977 APPROVED BY CITY c0uNc11- SUBJECT: Reimbursement Agreement No. 77-111 Water Main Construction �---- 7` STATEMENT: l l'C Y l: .t�.i;K Transmitted herewith is a reimbursement agre&ent between the .City and Rodney and Nan Eide for a water main line installed in MacDonald Avenue at their expense. Fees will be collected from the area served to pay the reimbursable amount to tie Eides. RECOMMENDED, ACTION: Approve the agreement and authorize the Mayor and City Clerk to execute same. ANALYSIS: The Eides have, at their. own cost and expense., constructed a water main and appurtenances to serve their development at 7872 MacDonald Avenue and adjacent properties for a total cost of $2, 225. 00. The amount that the Eides are entitled to have reim- bursed is calculated as follows: Total Job Cost �of Facilities $2 ,225 . 00 Less: Eide ' s Portion of Water Facilities 258 . 50 Gross Reimbursable $1, 996.. 50 Less://10o per Huntington Beach Municipal Code, Section 14 . 20. 010 196. 65 Net Reimbursable $1, 769. 85 Payment of the above amount will be made from subsequent development as set forth in Section 14 . 12. 010 of the Huntington Beach Municipal Code. FUNDING SOURCE: Refunds will be made from the Water Fund. HEH JWW: lw ' REIMBURSEMENT AGREEMENT 77-Wl WATER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH,. a municipal corporation, hereinafter for con- venience referred to as "CITY" , and RODNEY EIDE, AND NAN D. EIDE, hereinafter for convenience referred to as "BUILDER" , WHEREAS, Builder, pursuant to agreement with City, has, at their own cost and expense, constructed 195 lineal feet of 8" A.C.P. water main, hereinafter referred to as FACILITIES, to serve Builder' s Development Lot 155 of Tract No. 417 (AP #142-092-3) and adjacent properties known as Lots 134, 135, 136, 137, 152, 153 , 15.4 of Tract 417, and said Facilities- have been constructed in conformity . with the plans and specifications approved by the Director of Public works of City, and have been dedicated to City, and City desires to reimburse Builder for the cost of the construction of said Facilities less Builder' s portion of said water line, as provided by the Mun- icipal Code, NOW, THEREFORE., in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: Builder has constructed, as a. total. cost of $2,2.25. 00, a water main line and appurtenances to serve Lot 155 of Tract 417. and adjacent properties. ' Exhibit "A" , attached hereto and made a part hereof, is a map of the area served. Builder has dedicated said Facilities to City. The refund to be paid to Builder, out of available funds, under this agreement is as follows: Total job cost of Facilities $2,225. 00 Less Builder .' s portion 258..50 Gross refundable $1,966.50 Less 10t per Huntington Beach Municipal Code Section 14. 20.060 (C) 196 . 65 $1,'769. 85 Net Refundable 0 -1- 0 ✓ 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 Facilities in accordance with the Huntington Beach Municipal Code, and. that City has received the water service fees from the area served. ✓ Refunds shall be payable for a period of five years only from the date of applicant's application for main line extension. Refunds shall be made from subsequent development as set forth in Section 14.12.010 of the Huntington Beach Municipal Code. Refunds shall not exceed ninety percent of offsite construction costs. Refunds shall bear no interest. Refunds shall be payable only to the. original applicant or applicants: Upon death of applicants, the right to refund shall terminate. City shall not be liable for payment of any refund by reason of its failure to collect or receive from any person or entity the water service fee.. If a developer who develops property served by the, Facility constructed by Builder is required as a condition of develop- ment 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: . In the event .City does not require a developer to deposit the water service fees with the City prior to. or concurrent with develop- ment, City may enter into an agreement with said developer stating that said developer is. obligated, not only 'to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City. The City shall -not be required to pay attorney' s fees or court costs for any breach of this agreement. It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder. -2- WITNESS OUT HANDS AND SEALS the day, month and year appearing below. DATED this S'�� day of 1977 CITY OF HUNTINGTON BEACH (CITY) a municipal corporation r/q, Mayor RODNEY IDE (BUILDER) •- NAN D. EIP.v r ATTEST: City Clerk A"PPR07D ASO CONT City inistrator .. APPROVED BY INITIATING DEPARTMENT Dir ctor o ubl c Works APPROVED AS TO FORM: y ttor e �� -3- ' 142 - 09 0 � HOL-T' h h AVENUE41 �n �o So `;S .05• 9 RS•o r CT TRACT i 7 %So• 132' N /00 10 N Q 0 28 02 l 25 0 5�L©ti 7 � m — ro /O Aso � I O I LOT / O I1 111;/P9 128 197 126 /P5 124 N 133 �'134 3 136 137. 158 159 0 /. 35 AC. o NO. 6234 i � I N 41 23 1 �o' m io2 ' N �`0 1117tv Q 118 (17). ti 119 iso' Z ns ao J' So- So' ioo MACDONALD AVENUE �.:�f 40• _//as' s� 110 .. So' So" its• / Vi 2 6 0 0 v a • fith m 157 156 5S . i54 153 152 151 /50 1491 148147 10 �-tNotcat�5 �Rt:A 5�izdt;0 . NOTE - ASSESSOR'S BLOCKA ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PAGE .09 SHOWN /N CIRCLES COUNTY OF ORANGE l REIMBURSEMENT AGREEMENT ROUTING MEMO/CHECKLIST To: Applicable Department/Division Director From: A. De La Loza Contracts Administrator Subject: Request for Payment R.A. # 7. U Please review attached agreement and supporting documents in connection with the subject request for payment. Indicate your approval in the space provided prior to routing to the next department/division listed.. Department/Division Function Recommendation- (Approval/Disapproval ). 1 . Initiating Department: Public Works 2. Contracts Administrator: Log/Distribution �- 3• City Attorney: Review and state condi- tions for payment ` 4. Finance Accounting Division: Verify revenue 5. Contracts Administrator: Compile and submit for approval / 6. Finance Director Approve . 7. Public Works Director: Draft transmittal to /! City Administrator/ City Council d. City Administrator/ Approve payment by City Council : resolution 4m 9. Finance Department: Make payment and log Attach comments substantiating recommendation. CITY OF HUNTINGTON BEACH Duo k10" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From H. E. Hartge Subject Request for Payment Date May 9 , 1978 on RA #77-W1 Please approve the request for payment on the subject agreement in the amount. of $290.00. See attached backup material. .H. E. Hartge Director of Public Works HEH:JWW:mc Attach. o,\ (I R�c�ivEO MAY j 1978 f Finance Dept A' j USE BALL POINT PEN ONLY —PRESS.FIRMLY ,t CASH RECEIPT " i p n • CITY OF HUNTINGTON BEACH LinP.O. BOX 711 i+'- ;r t. _'a•'=� HUNTINGTON BEACH,CALIFORNIA.92648 i (714) 536-5511 C CITY TREASURER—WARREN G. HALL DEPT. ISSUING r' �j' _ '' - DATE RECEIVED FROM LLI-i' ADDRESS fit:' �• { ' k 7• i a h � i FOR { i C 'i AMOUNT RECEIVED CASH CHECK Q. 6 A.B.A.# ; RECEIVED BY i- ACCOUNT AMOUNT �J • - E -r 7 ;t.. ' C {r 4 t. T } C 1- TOTAL { No. s,::%*�.. .$ . Issuing Department i t • -USE BALL POINT PEN ONLY —PRESS FIRMLY. 2 CASH RECEIPT • �'� CITY OF.HUNTINGTON BEACH MIL P.O. BOX 711 I . ` HUNTINGTON BEACH,CALIFORNIA 92648 17141536-6511 •i(,`..:.i %t CITY TREASURER - WARREN G'. HAlL•L ai :c• i i DEPT. ISSUING 1 ✓/ �/•.� �ltn .%rI DAT�j RECEIVED FROM ! ! ' �'-ir .�i� ��•_'s�• �'�� ADDRESS i FORj`z . y 1 . i 1 AMOUNT RECEIVED CASH CHECK[3 -- Y f A.B.A.# RECEIVED BY t !. ACCOUNT AMOUNT i 1 i 77? 7 't'. S� i i -C�c�� •' �U i t i I TOTALG- o. 79219- CITY OF HUNTMSTOM BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From H. E. Hartge. Subject Request for Payment Date November .22 , 1977_ R.A. 77-Wl Attached is a letter from Rodney Eide .requesting a reimbursement payment on the subject agreement. Also attached is a copy .of Cash Receipt No. 83064 showing the amount of fees received from a subsequent developer. ' Please approve a payment of $90 . 00 to Rodney Eide as partial payment on R.A. #77-W1. H. E. Hartge Director of Public Works HEH:JWW:mc Attach. a_ A WHITE-CITY ATTORNEY / CITY OF HUNTING I.ON BEACH - No. BLUE^CITY CLERK + GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL +� +� REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 6-2-7$ John Whipple Public Works INSTRUCTIONS: File request in the City Administrator's Office quickly as'possible but not later than noon, uric week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an(kd€X9FXX Resolution is hereby requested: Authorizing payment of $290. 00 to Rodney and Nan Eide as partial payment on Reimbursement Agreement No. 77-Wl for the installation ! of the MacDonald Avenue water main. Payment is to be made from the Water Fund. i I I Desired effective date Signed: Approved as to availability of funds June 19, .1978 Director of Finance City Attorney— Please prepare and submit printed copies to this office by: 1 Citv Administrator j • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From H. E. Hartge Subject Request for Payment Date May 9 , 1978 on RA #77-W1 . Please approve the request- for payment on the subject agreement in the amount of $290.00. . See attached :backup material. H. E. Hartge Director of Public Works HEH:JWW:mc Attach. • 2. CAL-WEST DEVELOPMENT CO. 1190 5142 WARNER AVE. 714-840-2767 HUNTIN13TON BEACH, CALIF. 92649 16-2625 1222 -- Pay to the ` U order of Gi 27-, lla 7-j f-IC--biJ EGA-G,C/ --- h/u ollars T011 Al BANK Of CALIFORNIA OF DEL REF OFFICE 9000 Manchester Avenuo W. Playa I.Rey.California 90291 For G{f•4=ice t� F��S' ^ ��9%�'�?A�Qo fyI;1G Q -- 11'00 1 19DO el: 12 2 2111 26 2 510 "'00 4111 50 11,0 Lll' v CITY OF HUNTINGTON . BEACH ��• INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To Frank Arguello From H. E. Hartge Subject Request for Payment ✓ Date November .22 , 1977. R.A. 77-W1 Attached is a letter from Rodney Eide requesting a reimbursement payment on the subject agreement. Also attached is a copy of Cash Receipt No. 83064 showing the amount of fees received from a subsequent developer. Please approve a payment of $90. 00 to Rodney Eide as partial payment on R.A. #77-W1. H. E. Hartge Director of Public Works HEH.:JWW:mc Attach. i City of Huntington Beach (r+T� P.O. BOX 190 CALIFORNIA 92648- ENGINEERING DEPARTMENT October 31, 1977 Mrs. Nan -Eide 21181 Poston Lane Huntington Beach, Calif. _ 92646 Subject: Reimbursement Agreement No. _77-W1 � . MacDonald Avenue Water Main Dear Mrs. Eide In .response. to your . letter of October 11, 1977 requesting a payment on R.A. #77-W1, I would. like to explain the City' s position concerning your request. The City Attorney' s office -has informed this department that the City is not obligated to pay reimbursement fees for .the development mentioned in .your letter. The reason for this is that the subject agreement was not .in force at the time that .the connection was made to the. water main. Since -the agreement contains no provision for retroactivity, and .since the City has not received the reimbursement fees. from the subsequent development, I cannot approve your request for payment. If you wish to .discuss this matter further,, please call John Whipple of this office at 536-5431. Very truly yours, H. . E.. Hartge Director. of' Public Works HEH:JWW:mc f City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 28 , 1977 Rodney Eide 21181 Poston Lane Huntington Beach, Calif. 92'646 Subject: Reimbursement Agreement 77-Wl Dear Mr. ' Eide: Referring to your request for payment on RA #77-W1 , I have requested our Tinance Dept. to approve a payment of $90 . 00 from the fees received. I have also notified the builder of the triplex at 7894 MacDonald of his obligation to pay $200 . 00 in water fees to the City. If you have any questions regarding this matter, please call John Whipple of this office at 536-5431. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc �A City Huntington of Hunti ton Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT November 18 , 1977 Mike Halle 12761 Longden Garden Grove, Ca. 92645 Subject: Water Fees for 7894 MacDonald Dear Mr. Halle: . On October 3 , 1977 , the City Council of the City of Huntington Beach approved Reimbursement Agreement No. 77-Wl with Nan and Rod Eide' for a water main built ` in MacDonald Avenue at their expense. This .agreement authorizes this department to charge and collect a water service fee from the area served by the water main. The agreement charge includes the dwelling unit charge which was paid by you on May 26, 1977 . The amount that is now due and payable is calculated as follows: 50 ' of frontage @ $5. 80/f. f. _ $-290. 00 Less amount previously paid 90. 00 $200. 00 Please remit the sum of $200. 00 to this office by November 28; 1977 .. very truly yours, H.. E. Hartge Director of Public Works HEH:JWW: 3Y cc: Earl Percy A. DeLaLoza r 3 r T�USE BALL POINT PEN ONLY —PRESS FIRMLY f ( 7 CASH RECEIPT - 4 •1 CITY OF HUNTINGTON BEACH 4 J' P.O. BOX 711 HUNTINGTON BEACH,CALI'FORNIA 92648 y R (714) 536-5511 i CITY TREASURER—WARREN G. HALL DEPT. ISSUING r' f DATE ��/r I/��• RECEIVED FROM r r � i ADDRESS t k FOR t - r V: k t AMOUNT RECEIVED Y I I GASH(] CHECK 0.. i n A.B.A.# %r 1 RECEIVED BY r �" ACCOUNT . AMOUNT 4 3 a 'F 1 t S a t S s s, p i TOTAL , No. , rr � ,� y Issuing Department :.z f .iu-94f.0410 0le."414il.►6...a►.mgor a t'M! Ko li i t+q.Ctt3 h1�' 1714183A 55f1 1 f�"?�I Ott �U•(1(l �'i� CITY TREASURER —WARREN G:HALL 7/1,3177 DEPT. ISSUING ' DATE RECEIVED FROM .°�, - �T ADDRESS -- .7 FOR l i AMOUNT RECEIVED 4k t A. CASH[] CHECKQ-- _ j RECEIVED BY ACCOUNT AMOUNT 7, f R ' i) TOTAL .y NO. Issuing Department ¢ �.� �.t,� ._ _...... _.� .... _ .... .. -� -s .7r.,•«.:.�.....-.......mow ...-��__.— _._�»Y . au- , i- :� - _.. --(..'� _ -iT �{.j I••bt+7f�.!esi•-. LfF .f�'� 1 [7: t i. �7.I �- y .�,�''r aw..#i tC"�+R'��'.':,�1 t".�7�, I>L'•(t /U l 9-77 rr L1mn,�Cr, Gvlloz le" CJe lle—, i�L a is 7XV4,- A<o/LEErl7P/!i-� /2e� ti A ii�( --tom-- GUI>e•� i-y���.iJ o.rJ �i� �overt-C 4 �zC.ure %S3 h��s ,fivuJ qov eez 10 To yNp— /vv/�/iv G 7'o Ae.#mr, 1Q,rn yU v Sbv.U� i J� l City of Huntington Beach (r+� P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT TO: Honorable Mayor and City Council ATTN: Floyd G. Belsito, City Administrator FROM: H. E. Hartge, Director of Public Works DATE: September 14 , 1977 SUBJECT: Reimbursement Agreement No. 77-roll Water Main Construction STATEMENT: Transmitted herewith ?_s a reimbursement agreement between the City and Rodney and Nan Eide for a water _main line installed in McDonald Avenue at their expense. Fees will be collected from the area served to pay the reimbursable amount to the Eides. RECOMMENDED ACTION: Approve the agreement. and .authorize the Mayor and City Clerk to .execute same. ANALYSIS: The Eides have at their own cost and expense, constructed a water main and appurtenances to serve their development at and adjacent properties for a. total cost of $2, 225. 00. The amount that the Eides .are entitled to .have reimbursed is calculated as follows: Total Job Cost of Facilities $2, 225. 00 Less: Eide' s Portion of Water Facilities 258 . 50 Gross Reimbursable $1 ,996. 50 Less: 10% per Huntington Beach Municipal Code, Section 14 . 20. 010 196. 65 t Net Reimbursable $1, 769 . 85 Paymeht of the above amount will be made from subsequent development as set forth in Section 14 .12 . 010 of the Huntington Beach Municipal Code. FUNDING SOURCE: Refunds will be made from the Water Fund. HEH:JWW:lw REIMBURSEMENT AGREEMENT 77-Wl WATER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "CITY" , - and RODNEY EIDE; hereinafter for convenience referred to as "BUILDER" , WHEREAS, Builder, pursuant to agreement with City, has, at his own cost and expense, constructed 195 lineal feet of 8" A.C .P . water main, hereinafter referred to as FACILITIES , to serve Builder 's Development Lot 155 of Tract No. 417 (AP #14.2-092-3) and adjacent properties known as Lots 134., 135, . 136, 137 , 152 , 153, 154 of Tract 417, and said Facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, ' and City desires to re imburse Builder for the cost of the construction of said Facilities less Builder' s portion of said water line, as provided by the 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 $2, 225. 00, a water main line and appurtenances to serve Lot 155 of Tract 417 and ad- jacent properties. Exhibit "A" , attached -hereto and made a part hereof, is a map of the area served. Builder has dedicated said Facilities to City. The refund to be paid to Builder, out of available funds, under this agreement is as follows:_ Total job cost of Facilities $2, 225. 00 . Less Builder' s portion 258. 50 Gross refundable $1, 966. 50 Less 10% per . Huntington Beach . Municipal Code Section 14 . 20. 050 (C) $ 196 . 65 Net refundable $.1, 769 . 8.5 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 Facilities in accordance with- the Huntington Beach Municipal Code, and that City has received the. water service fees from the area served. City shall. not. be liable for payment refund by reason of its j • i failure to collect or receive from any person ,or entity the water service fee. 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, or ' any property served by the facility .constructed under this -agreement. If a developer .who t 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 S to furnish a copy of this agreement to the developer of any properties r� t 4' served by the facilities described herein. :ta In the event. City .does not require a developer to deposit the water service fees 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 to Builder, and to developers who have previously contributed to the i -2- i c cost of construction of facilities constructed hereunder to deposit ^S ;f k said fee with City. The City shall not be required to pay attorneys q / " fees or court costs for any breach of this agreement. It is understood that ,it is not mandatory that the City in- stitute legal proceedings to protect the interest of the Builder . WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of 19 CITY OF HUNTINGTON BEACH (CITY) a municipal corporation Mayor . RODNEY EIDE (BUILDER) ATTEST: City Clerk APPROVED AS TO CONTENT: Acting City Administrator APPROVED BY INITIATING DEPARTMENT: Director of Public Works APPROVED AS TO FORM: City Attorney " -3- - . :.. 142— 05 HOL-7= a ° AVENUE. 400' 50,'OS• *S. T CT TRACT _ A %so h 10 N Q N , 0 28 0 25 O O°o /09 I k, m — /0 . N .j . nor / o l !30_rr129 /PB 127 126 /25 /24 N 133 1 34 351 136 137 138 139 0 /. 35 AC. NO 5234 I 6 3o'I ml1oz ' N 4� 23 I o 117 z. 119 j /2o 18 Z VACDONALD h AVENUE %.a at oo' es' .So• .. sa� So. ��s•. 14 14 6 t rl OF kn h m 157 156 55 le154 /J3 /J2 15/ '150 149 /47 a 192' 10 NO TE — A SSESSOR'S BLOCKS ASSESSOR'S MA P PARCEL NUMBERS BOOK 142 PAGE 09 SHOWN IN .CIRCLES COUNTY OF ORANGE O G V I_I 1 p, I -r „ � „ OF PUBLIC WO;ZKS 1977 p-i�;V-►-I�c-roni !3sACE-r. C.aL��. 21181 Poston Lane Huntington Beach, Ca. 92646 November 6, 1977. Mr. H.E. Hartge Director of Public Works City of Huntington Beach P.O. Box 190, Huntington Beach, Ca. 92648 Dear Mr. Hartge : RE: Reimbursement agreement No. 77-W1 , 7872 MacDonald Ave . Water Main We have received your letter of October 31 , 1977 declining approval of our demand notice for reimbursement of approximately $242.00 associated with the connection at lot 153 of tract 417. We find your reasoning for the disapproval, that the reimbursement agree- ment wasn't in force at the time of connection, to be unbelievable and totally unacceptable . The only reason the aggreement was not in force at the time of the connection, and in fact not in force months and months ago, is the disgustlingly poor performance and indifferent attitude of your own organization. The process of creating this agreement was started in the summer of 1976 , and involved months of delays in your organization, causing us excessite bother and frustration. Further, at no time were we informed of the possibility of loss of reimbursement fees due to untimely completion of the aggreement. We again demand that the fee associated with the connection at lot 153 or tract 417 be paid to us immediately. If we haven' t received satisfaction on this matter by November 18, 1977 we will promptly take it to higher authority. /OE. , e CC: Ron Pattison, Mayor-Huntington Beach City of Huntington Beach 2000 Main St . , Huntington Beach, Ca. 92648 i Hod Eide 21181 Poston Lane �' 31M ETBEP.7, Huntington Beach, Ca. 92646 0 tr2 i. i Mr. H.E. Hartge Director of Public Works City Of Huntington Beach P.C. Box 190, iHuntington Beach, Ca. 92648 . J 21181 Poston Lane Huntington Beach, Ca. 92646 October 1 1 , j �,71977. @i`1.1 E C 9 �`/ E City of Huntington Beach DEPT. OF PUB--IC WORKS Engineering Department - Public Works P.O, Box 190 ? T 13 1977 Huntington Beach, Ca. 92648. Attention: H.E. Hartge , Director. HUIyT►fypTON BEACH. CALIF. Dear Mr. Hartge : Re : Reimbursement Agreement 77-W1 7872 MacDonald Avenue In accordance with reimbursement agreement 77-W1 relating to a water main installed in MacDonald Avenue , we hereby submit this demand notice for the refund associated with the water connection at lot 153, tract 417. We understand the refund amount to be approximately $252.00. Your prompt attention to this matter is appreciated. Yours truly, J Nan Eide J� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT August 31, .1977 Rodney Eide 21181 Postan Lane, Huntington Beach, CA 92646 Subject: Reimbursement Agreement 77-W1 ✓ 7872 MacDonald Avenue Dear Mr. Eider Enclosed is an amended agreement between the City and Rodney and Nan Eide fore water main built in MacDonald Avenue at your expense. Please sign the agreement and return it to this .office to the attention of John Whipple. Very truly yours, H. E. Hartge Director of Public Works HEH•JWW•lw Encl. Eiders --1� 21 181 Poston Lane Huntington Beach, Ca. 92641,, -97 ., J City of Huntington Beach ' P.O. Box 190 Huntington Beach, Ca. 92648. + - — - - Att.ent-io_ m—Mr.._H.E, Hartge, Director of Public Works e f I CONTRACT ROUTING MEMO To: Applicable Department Director From: A. De La Loza Ell I Contracts Administrator Subject: Contract ('71— w�) Please review attached agreement and note recommendation .and comments prior to routing to the next department listed. DEPARTMENT RECOMMENDATION* DATE (Approval/Disapproval ) 1 . Initiating Department: .(J , 2. Contracts Administrator (Lo /Distributio 3. City Attorney �� ,71 4. Finance Director 5. City Treasurer/Risk Mgr. 6. Other �_ L✓LA ),4e g.` 7. Other 8. City Administrator 9. City Council 10. City Clerk 11 . Contracts Administrator -; Attach comments if necessary. ,0000d� - .: 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 Finance I Subject RA 77-Wl (Eide) Date August 2, 1977 The undersigned has reviewed the attached agreement pursuant to your recent request. Since the parties, Mr. and Mrs. Eide, are private parties and are not in the business as "builders" there appears to be no reason to object to the use of both names on the agreement. I , therefore, recommend that the agreement, as amended, be approved. c 0.4.� A. De La Loza Contracts Administrator AD/cg 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 made to Facilities in accordance with the Huntington Beach Municipal Code, and that City has received the water service fees from the area served. Refunds shall be payable for a period of five years only from the date of applicant' s application for main line extension. Refunds shall be made from subsequent development as set forth in Section 14. 12. 010 of the Huntington Beach Municipal Code. Refunds shall not exceed ninety percent of offsite construction costs. Refunds shall bear no interest. Refunds shall be payable only to the original applicant or applicants. Upon death of applicants, the right to refund shall terminate. of Ahr City shall not be liable for payment A refund by reason of its failure to collect or receive "from any person or entity the water service fee. ef--elm elep ==s. If a developer who develops propety served by the Facility constructed by Builder is required as a condition of develop- ment 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. In the event City does not require a developer to deposit the water service fees with the City prior to or concurrent with development, City may enter into an agreement with said developer stating that said developer is obligated, not only to the City, but to Builder, and to developers who .have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee. with City. The City shall not be required to pay attorney' s fees or court costs for any breach of this agreement. It is understood that it is not mandatory that the City institute legal proceedings to protect the interest of the Builder_. -2- -March 25, 1977 Rodney Eide 21181 Poston Lane Huntington Beach, California 92646 Subject: Reimbursement Agreement 77-Wl 7872 MacDonald Avenue Dear Mr. Eide: Enclosed please find the ,subject agreement between the City and Rodney Eide for the eater. main built in MacDonald Avenue at your expense. Please sign the agreement and return it to this officee `§o that I may proceed with .City Council approval. Very truly yours, H. E. Hartge , Director of Public works HEH.:JW me Encl. a�- ,t CONTRACT ROUTING MEMO - kok 1; a To Applicable Department Director From: A. De La Loza Contracts Administrator Subject: Contrac #. 1 ��'— �� C�IDIf RA -11-1 u 1 Please review attached agreement and note recommendation and comments prior to routing to the next department listed. DEPARTMENT RECOMMENDATION* DATE (Approval/Disapproval ) �1 . Initiating Department: t. W •-'2. Contracts Administrator (Lo /Distribution) 1 ZIL 3. C i ty Attorney, Sggc RE Qj ess; t= - c = . 4. Finance Director I-77 5. City Treasurer/Risk Mgr. NIP) 6. Other J. �✓f-� I rC L C 7. Other S. City Administrator 9. City Council 10. City Clerk 11 . Contracts Administrator Attach comments if necessary. �' HCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From A. De La Loza Director of Finance Contracts Administrator Subject Contract 77-107 Date March 8, 1977 (RA 77 W1 , Eidie) I recommend approval of the subject agreement. It has been modified pursuant to all recommendations and, therefore, should be acceptable to. the City Attorney. A. De La Loza Contracts Administrator AD/cg CONTRACT IcOUTING MEMO To.: Applicable Department Director From: A. De La Loza Contracts Administrator Subject : Contract # — �IDIt Please review attached agreement and note recommendation and comments prior to routing to the next department listed. DEPARTMENT RECOMMENDATION', DATE (Approval/Disapproval ) 1 . Initiating Department : 0 2: Contracts Administrator. (Log/Distribution) 3. City Attorney 4. Finance Director 5. City Treasurer/Risk Mgr. 6. Other 7. Other 8. ` City Administrator 9. City Council 10. City Clerk 11 . Contracts Administrator Attach comments if necessary. l i, • • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION 11(JNIINGION BEACH Don Bonfa To City Attorney From A. De La Loza Through: F. B. Arguello, Director of Finance Contracts Administrator Subject Refund for Water Facilities Date February 22, 1977 Section 14.20.060 provides for the payment of refunds for "oversize mains." Is this section applicable where a developer installs "a main that is not over- size but is "off site"? (See attached proposed agreement) . A. '".De La Loza Contracts Administrator AD/cg = cc: Public Works Director I. CITY OF HU11TINGTON BEACH �2 INTER-DEPARTMENT COMMUNICATION 111AUNG[ON REACH To Art DeLaLosa . From John Whipple Finance Dept. Dept. of Public Works Subject R.A. #77-W1 Date January 12, 1977 Please review attached reimbursement agreement for a water main extension. If the agreement meets with your approval, please forward it to the City Attorney for his approval as to form. The cost figures have been verified by this department.hipple Al Aide JWW: jy Attach. REIMBURSEMENT AGREEMENT 77-Wl ti WATER MAIN CONSTRUCTION THIS AGREEMENT entered into by and between -the CITY OF HUNTINGTON BEACH, a municipal corporation,..hereinafter for convenience referred to as "CITY" , and RODNEY FIDE, hereinafter for convenience referred to as "BUILDER",, WHEREAS, . Builder, pursuant to agreement with City, has, at his own cost and expense, constructed 195 lineal feet of 8" A.C.P . water main, hereinafter referred to as FACILITIES , to serve Builder 's Development Lot 155 of Tract No. 417 (AP #142-092-3) and adjacent properties known as Lots 134 , 135, 136, 137 , 152-,. 153, 154 of Tract 417, and said Facilities have been constructed in conformity with the plans and specifications approved by the Director of Public Works of City, and have been dedicated to City, and City desires to re- imburse Builder for the cost of the construction of said Facilities . less Builder' s portion of said water line, as provided by the .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 $2, 225. 00, • a water main line and appurtenances to serve Lot. 155 of Tract 417 and ad- jacent properties. Exhibit "A" , attached hereto and made a part hereof, is a. map of the area served. Builder has dedicated said Facilities to City. The refund to be paid to Builder, out of available funds, under this agreement is as follows: Total job cost of Facilities $2, 225. 00 Less. Builder' s portion 258 . 50 Gross refundable $1, 966. 50 Less 10% per Huntington Beach Municipal Code Section 14 . 20. 050 (C) $ 196 . 65 Net refundable $1, 769 . 85 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 Facilities in accordance with the Huntington Beach Municipal Code, and that City has received the water service fees from..the area served. .City shall not be liable for payment refund by reason of its failure to collect or receive . from any person or. entity the water service fee. City agrees to use good faith to protect the interest of developers, -e-rther rnd-ivi-dual-s--er en-t-i-ties+ who have previously constructed similar facilities, by-the-col-l-ecting fees-,-e--theme--prior to--or-oon-G-ur-r-erg-t--with-the--deve-l-opmen-t-,-or-a-n-y-p-r-operty-ser-ved--by---- -- the-faci-l-i-ty-eonstr--ue-ted-under-this-a-gr-eemen-t. 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---f-u-r-ther--acgrees- to f-urn-ish-a-copy-o-f--t-h-is--ag-r--eemen-t---to--the-developer-at-any-.pr.opnx_ties served-by-the-fac-i-l-hies-deacribed_hex- i n. In the event City does not require a developer to deposit the water service fees. .with the City prior to or concurrent wi.th develop- ment, City wi-1-1 enter - into an agreement. with said developer stating that said developer is obligated, .not only to the City, but to Builder, . and to .developers who have previously contributed to the -2 1. cost of construction of facilities constructed hereunder to deposit said fee with City. The City shall not be required to pay attorney ' s fees or court costs for any breach of this agreement,. It is understood that it is not mandatory that' the City in- stitute legal proceedings to protect the interest of the Builder. - WITNESS 'OUR HANDS AND SEALS the day, month and year appearing below. DATED this. day of 1 . 19 .CITY OF HUNTINGTON BEACH (CITY) a municipal corporation Mayor RODNEY E DE (BUILDER) , ATTEST: City Clerk APPROVED AS TO CONTENT: Acting City Administrator APPROVED BY INITIATING DEPARTMENT: Director of Public Works APPROVED AS TO FORM: City Attorney -3- 142-09 HOL-T- ° AVENUE S 4s' .9 106 �- CT TRACT iaLN.4010 I` . v 'oBN O . P N \ /Vu, Y// `l' o 2S (09 g 25 0 55 C�a L4� 1.I_ � O I LOT / Q) 27 /Jo /P9 /2e 127 J2,6 l?.5 124 v 133 734 13'6T 137 138 139! 0 1. 35AC. NO. 6234 Z L 102 • N 117 P 118 / H119 1 /20 I8 1217 •,S 4p• s• SO• 50 /00 - 'MACDONALD AVENUE / ,Ll Lul i57 /56 55 _152 151 150 149 1447F147 h 132' 10 NOTE — ASSESSOR'S BLOCK& A SSESSOR'S MA P PARCEL NUMBERS BOOK 142 PAGE 09 SHOWN /N .CIRCLES COUNTY OF ORANGE O i City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT l January 4, 1977 I 1 Rodney Eide 21181 Poston Lane i Huntington Beach, Ca. 92646 Subject: Reimbursement Agreement 77-Wl ' 7872 MacDonald Avenue Dear Mr. Eide: Enclosed please find the subject agreement between i the City and Rodney Eide for the water main built in MacDonald Avenue at your expense. i Please sign the agreement and return it to this office so that I may proceed with -City .Council approval. Very truly yours, I H. E. Hartge Director of Public Works HEH:JWW: jy Encl. i i i f January 4, 1977 Rodney Eide '21181 Poston Lane l Huntington Beach, Ca. 92646 Subject: Reimbursement Agreement 77-Wl 7872 MacDonald Avenue Dear Mr. Eide: i Enclosed please find the subject agreement between the City and Rodney Eide for the water main built in MacDonald Avenue at your expense. Please sign' the agreement and return it to this office so that S may proceed with City Council approval. Very truly yours, H. E. Hartge Director of Public Works HEH*.=I:jy Encl. i a i i A I i f L � ' CITY OF HUNTINGTON BEACH LOLI) INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Art VeLaLosa From John Wh3 PPle rivanca Doot. Dept. of Public Works Subject R,A. #77-M Date January 12, 1977 Please review attachud roimbursemen►t agreament for a water main extension. if the agrecrtm1t meets with your approval, please forward it to tho City 11W4.,or-ney for his' approval as to forn. kI.M.- cost figures hav€i Luen verified by this d", partment. Administrative Aide JWWaJy Attach. 142-09 08 ti M i HOLT a o AVENUE io. tA ro So ' 55 45' A IZ5.O ' i(f FR4Cr TRACT lo7TRAC 150'. 132' 'p� N 0 10 N Q 00 209 O a f �. 28 26 25 4 5 6 NJ 0 N /0 N ro /so I 0 O LOT' .1i i / /39_129 /28 107 1126 /25 /24 N k 32 133 34 3 , . 156.. " 137 /38 139 0 /. 35 AC. Q NO. 6234 116 - v W' N '24 ;23 ell �o'-I m io2 ' N 0 //7 =: N O //9. /Zo 18 _ /2/ g2o5 40' S' S0' •• S'O� /oo �MACDONALD h AVENUE aa05 40' . 45, oe. :OO 26 .111 N z a N r l57 1561 55 /54 /55 /52 /5/1 1501 1491 1481147 h -=I=N oiccT �_AIR- TSRI0---= NOTE — ASSESSOR'S BLOCK& ASSESSOR'S .MAP PARCEL NUMBERS BOOK-142 PAGE 09 SHOWN /N CIRCLES COUNTY Of ORANGE O J 142-09 Q$ tn m AVENUE k " 40 .fo sa �Zs.o T CT TRACT IoZ ►so• ►32 w 10 a N. 6(28 . 0 25 O (� N N ti /0 /so O 0 I LOr / 27 � � - • 1/ l30 199 128 / 7 J26 125 124 N" +?. 133 11 136 /37 138 139 0 /. 35 AC. Q No 6234 Aso' Z 116 v ' CV l ao'I C\i 2� 23 0 117 1/9 17 N O 119 /20 8 Z f!05 40' S' SO' So /00 i MACDONALD AVENUE V ,a0s 40' 4s' So• •• So' So' iss• .ry h 2 6 N v a N 14 157 156 55 .154 /53 152 151 1501 149 148147 iso 132' NO7T — ASSESSOR'S BLOCKO ASSESSOR'S MAP PARCEL NUMBERS BOOK 142 PAGE 09 SHOWN IN CIRCLES COUNTY OF ORANGE O October 29, 1976 Joe Pierce 21871 Starfire Lane Huntington Beach, California Subject: Reimbursement Agreement 76-PT4 7872 MacDonald Avenue Dear Mr. Pierce: " Enclosed. please find the subject agreement between the City and Joe Pierce for the water main built in MacDonald Avenue at your expense. Please sign the agreement and return it to this office so that I may proceed with County Council ap- proval. Very truly yours, H. F. Hartcre Director of Public Works .0311T.-xlnq:ae Encl. ®� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 29 , 1976 Joe Pierce 21871 Starfire Lane Huntington Beach, California Subject: Reimbursement Agreement 76-W4 7872 MacDonald Avenue Dear Mr. Pierce: Enclosed please find the subject agreement between the City and Joe Pierce for the water main built in- MacDonald Avenue at your expense. Please sign the agreement and return it to this office so that I may proceed with Cotzq4y Council approval. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:ae Encl. � �(,JGGC2ID z2J � Gr�z700 . 60541 To Loki Date `�/'7 b aw -7�'12- } PLEASE REPLY TO --> Signe Date Signed ROdif9n++ 4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT, Poly Pak(50%eh)4P465 PART 3 WILL BE RETURNED WITH REPLY. To �p' � " ' Date P,E7U-129 7(0 Signed_ Date Signed R�dif�rm 45 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak(50 sets)0465 PART 3 WILL BE-RETURNED WITH REPLY. Contractors _ (213) 633.7055 Lic:nse `trJa. 276604 P'I1 P .I-Ii N E-, CON5TRUCTORS 11 Nil C.. 8736 Palm St. Bellflower Ca. 90706 September 1, 1976 Mr. Joe Pierce 21871 Starfiee Lane Huntington Beach, California 92646 Re: Water Main Huntington Beach, Ca. Dear Mr. Pierce: We are pleased to submit our proposal to furnish and install 200 feet of 8" Water main, 1 (only) 2" service and replace AC pavement at the location of 7872 MacDonald for a lump sum price of $5,607.00. Price does not include permits or engineering and will remain in effect for thirty (30) days from date of this letter. Thank you for the opportunity to bid on this project. Sincerely, pames T. Gibbons, General t•ianager JTG:sr D i t � . IKENNEDY PIPELINE COMPANY 711 N. FAIRVIEW SANTA ANA CALIFORNIA 92703 P.O.BOX 1527, SANTA ANA, CALIFORNIA 92702 F= PHONE (714) 835- 2401 August 30, 1976 Joe Pierce 21871 Starfire Lane Huntington Beach, California Gentlemen: Attention: Mr. Joe Pierce We are pleased to submit our bid for the water utility system in Huntington Beach, 7872 McDonald, as per the following: 200' 8"A. C. P. CL 150 @ 9.25 1, 850. 00 1 2" Water Service with meter @ 800. 00 800. 00 500 s,f. Remove and replace asphalt @ 2.25 1, 125. 00 {J TOTAL 3, 775- 00 All engineering, .permits and fees to be furnished by others. If import material is required for bedding or backfill use $5. 00 per ton as a unit price. Excess spoil, if any, to be spread neatly within the right of way. Quantities are from unsigned plans, billings to be by unit prices. If rock is to be used to control ground water use $8. 00 per ton as a unit price. If rock is encountered, removal of said rock on cost plus basis. Any additional removal and replacement of asphlat figure $2.25 per sq. foot. If we,=can be of any further assistance to you, please contact us at our :Santd)Ana Office. - Telephone - Area Code 714 835-2401.. Very truly yours, KENN Y P PELIN CO PANY RT/sh Ric rd Thompson CITY OF HUNTINGm ON BEACH TO: DEP MEN/N(Tv',Yty/ DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file.. Please call: TELEPHONE Mr- Mrs. L%� ✓/�/,�,' < �� ���� Misis s �a TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE 4 FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP S�Go,CONST- Z^^ivATE I�I! .t.. i. s"ev. 1ff srv- fcA sl 603 ems, a v. p Zz 4 r.1 �t n Qom- C ~sue 1 F G I v 1 l7 v D ry a?V O ... !I X70 3+A, T H_FEC �y8� END CONc>TRLICTION µ:l $TO P�AlJ 6` f 3 INSTALL ST.LT.rn •� L Al 3+78.5 73 3.65�o2vE O (p ! 0.17' w-20.0' x=2.0' -I _ :... LA7. 3-58 09 i � .�f. p I I EX. W.M. TO BE REMOVED , i (p 0 -�_ -- LAT.3*02 ! . W +95 (tDRIVE CO W= 20.0' x=2.0' fF 2-80 BEG CbMS-,;ZU CT K)W C y 2-+80 END EXIST CURB GUTTER rn p _ I ENTD=XIST SIDEWALK 25.0 Ex.5T2EET LIGN1 � - it u / 0 2�30 ENh ExIST C:;zi- (t EX DR[VEWAY - O_ Cis.'tGR ':ti^.may. St�E•r•.'f.-_^. i I F m Ex. DRIVEWAY !� X N' ,Go ;�..;.... sv. 30.0' ' j. 9 83 _9.w3' on I x X ;II 3 = ;,, 1y 1 it OD n ,f OFFICE: 8242 Poinsettia Drive - Buena Park, Calif. - LA 2-7108 Shop: 793 North Cypress Street - Orange, Calif. Standard Form of Plumbing Bid and Contract The undersigned plumbing contractor offers and agrees to furnish all labor and materials necessary to install a plumbing and sanitary system or the alteration or repair of such a system, in and upon the premises located at Ne- -OWMAs0 in the City of County of 457&4.p4C/& , State of �A L Vy-- in accordance with the plans and specifications therefor bearing the signatures of the parties and attached hereto as of the date of the acceptance hereof, or, if no such plans and specifications are so attached, then, in accordance with the work to be performed as outlined in the space below; and which said premises are legally described as being Lot , Block Tract or Tract No. . as per map of the same recorded in Book Page of Records of County, State of If not otherwise specified herein, then the following plumbing fixtures and materials are to be furnished and installed, to wit: ,n Cif -► '2/r37/ S'�-�}Q�/r2►; L 11-r,� _ �'603 � 0 ..Is s - yA4ar a-- I3 ax ��3 7 ; s 1-19 8 j-oCv 71 o" 4v0*—, vi° + p floc.,, iry 11 1-L000 �r LAJr L ���� 9/��/t LV To opening in wall or ceiling. Sewer, � Water Heater Vent � Through roof. Water Line Outside Hose Bibbs Shut-off Valves Gas Openings. The above work to be performed subject to the terms and conditions herein contained for the sum of Dollars ($ nn, �'p ), payable as follows: (1) /0 0 % of the said contract price when 'v- /-A/tfiz.L (2) % of the said contract price when (3) and the balance when all of the work has been performed and materials installed, in accordance with this specification bid and contract: OR any other terms, time given, and conditions of payment which the parties may agree upon and which same shall be in writing and attached hereto. It is provided, however, that in the event no other method of payment is agreed upon, then any and all compensation for work performed hereunder shall be due and payable upon the completion of the work to be compensated for. (OVER) 1 THIS OFFER AND AGREEMENT IS CONDITIONED AS FOLLOWS: 1. EXTRA WORK: All extra work or materials, not 7. PAYMENTS ON ACCOUNT: Any payment on provided for herein shall be charged for at the plumbing account hereunder shall constitute an acceptance of the contractor's overall cost plus SO_% of such cost which plumbing contractor's work for which such payment was charge shall become due and payable at the completion of made. Such acceptance shall be subject to approval of work such extra work. by inspecting authorities. 2. ORDINANCES: All work shall be done in accord- ance with the laws and ordinan es of the community in which 8. -GUARANTEES: The plumbing contractor guarantees 1ti¢lAglol�4c do�fe��Y�\�nv� that all work'} sided �qL berqia0halbAo done in a good and workmanlike manner, No guarantee-is made however of 3. COMMENCEMENT AND CONTINt40CFk¢]5, any materials or fixture"ttq=-ZbSrs%e have been accepted. WORK: Because of the instability of costs of labor and The plumbing contractor shall not be responsible for the materials, the contract price of this agreement is based upon costs of re-installing fixtures or materials guaranteed by the understanding that the plumbipg contractor may com- manufacturers. mence work within /9—days from date hereof unless this time limit is extended by mutual consent of all 9. WATER PRESSURES: All plumbing fixtures and parties hereto in writing. It is also conditioned that the materials installed are guaranteed to operate on water construction of anner pressure without delay and asuilding will rap rapidly as proceed are in the usual us ally exceedingot less than twenty pounds 80 lbs.pounds square(20 l inch. nd Where Where constructed, and if there is any unusual delay in the con- g p p q struction of the building at any time during the progress of the water pressure-exceeds 80 pounds per square inch the this agreement, then .the. plumbing contractor may, at his acceptor must protect himself by having a water pressure option, by notifying the acceptor in writing, claim reasonable regulator installed at acceptors own expense. In the event additional compensation, which said additional compensation the water pressure exceeds pounds per square inch and a the other party or parties hereto agree to pay upon the water pressure regulator, not' otherwise provided for herein, is installed at acceptors order, such installation shall be an completion of the herein projected work; or, the plumb- ing contractor may be relieved from all obligations to com- mence or continue said work any further, as the case may be, and be entitled to recover the reasonable value of the 10. LOSS DURING CONSTRUCTION-JOB INSUR- work done, if any, without completion of this contract, and ANCE: The plumbing contractor shall not be held liable the plumbing contractor shall be in no way liable for any. for any loss, damage or delay occasioned by fire, settling of damages whatsoever by reason of his refusal to start or building, strike or other causes beyond his control, and the continue such said work. acceptor and not the plumbing contractor shall during the progress of the work maintain full insurance on said work 4. WORK STOPPAGES: If, after the work has been against loss or damage by fire and the policy shall cover all started, anything does occur that directly or indirectly work incorporated in the building and all material for the Prevents or otherwise delays the carrying on of the work as same in or about the premises, and shall be made payable to specified and over which the plumbing contractor has no the parties hereto as their interests may appear. control, the plumbing contractor shall immediately be entitled to and must be paid the full amount of the reasonable value 11. SEWER,WATER, GAS: Unless otherwise specified of work that has been performed and material furnished. herein, the sewer, water and gas piping lines shall be stubbed 5. PROMPT PAYMENT: The plumbing contractor out in accordance with the laws and ordinances as provided in paragraph enters into this contract upon the distinct condition precedent above. If no law or ordinance prevails in that the other party or parties hereto promises that any the communityy of the structure herein concerned then, in and/or all payments herein provided shall be promptly made that event, such piping shall a stubbed out at a point most at the respective times and in the manner herein set forth convenient to the respective extension lines of such piping and within five feet of the foundatiow line of the concerned and if any and/or all payments herein provided are not made at the respective times and in the manner herein structure. stipulated, the plumbing contractor may, at his option, refuse 12. . CEMENT SLAB CONSTRUCTION. The acceptor to proceed further with his work and shall in no way be on all cement slab construction work shall provide proper liable for any damages whatsoever by reason of such refusal. information for the guidance of the plumbing contractor in In the event that the plumbing contractor abandons the work for the reason above st:�ted, the price mentioned for the establishing the partition lines and floor levels. When parti- completed work shall be disregarded and payment in full tions and floor levels are established by these parties they for all work performed and all materials furnished will be shall not be changed without due notice to the plumbing con- immediately due and payable; the value of such work done tractor. If ground work is started or any plumbing has been and materials furnished shall be the reasonable value as installed before such notice is given, any change from the defined in paragraph 13. original shall be charged for as an extra. 6. ATTORNEY FEES: If suit be.brought by the 13. REASONABLE VALUE: The term reasonable value plumbing contractor to enforce the terms of this contract, as,mentioned herein shall be defined as: the plumbing con- acceptor agrees to pay a sum to said plumbing contractor tractor's cost of labor, materials and business overhead, .which the court may adjudge reasonable as attorney fees. plus _'2,_,�_%n net profit on.such total cost. IMPORTANT NOTICE: Blank spaces in paragraphs 1, 3 and 13 must be filled in Accepted at_ City, State of this__ day of _ Dated• I�' Acceptor signatur (title) 71�at1lla ��. Address LICENSED PLUMBING CONTRACTORS OFFICE SHOP 8242 Poinsettia Drive 793 N. Cypress BUENA PARK, CALIFORNIA ORANGE, CALIFORNIA LAwronce 2-7108 STATE UCENSE BOARD CVA'4 i R,A,CT0RS 7y p,� CPTTYOF H;CiITi1tGT0` i° B .ACH Map on File . with City Clerk