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HomeMy WebLinkAboutSouth Shores Homes - Reimbursement Agreements 121, 122, 126 i > ! ' t 1 I i ` `__� 'G'b_TK2_�Jl.�._E'7e�w.S•ACs.� � _ � ;gsT_5 ' ' tP t ' �3 C V�Q .,Ik i t 111 I � ! i � q 1 1 i T 1 i-zz � �4?; " '7-c Sic. �o� E � z►����.Z3 «-Zzr 14-z �E _;��1-1,81A►aSr?_ - __ 4,_ c.�34_ t 17 1-3 73 L 14 ' a '1 g �'$.8 35 4_ . 13-?3 1 O4 OZ i �Q.aao�--4��..�n..► t s S li-= b 7? _40-(' 5 - - ' uiu�.►.-t. 1-�.c 7 . . - ._- - ►GtVZ3.�-001 _ i ��.�Z,.��I.Z .1 ►oi. 17.�_��-.�.�...� �01..�vLlswl_ � ___-�_._ _.-�� _..�_ 3Q,._oe�,� �M , - --�1-? �1<S_t� ��7 �`{�D_T 5) _t_ -mot�-i-- ►�j tto ff ETa f i ! a I _ t -- IA LAW OFFICES AIDLIN, MARTIN & MAMAKOS 5143 SUNSET BOULEVARD JOSEPH W.AIDLIN LOS ANGELES,CALIFORNIA 90027 ARTHUR L.MARTIN TELEPHONE 666-1910 JAMES L_MAMAKOS PHILLIP CHRONIS OUR REFERENCE 10 January 10, 1967 i l� •f �� � ., it �'Y�`: �'•"r v) Mr. William Hartge Engineering Department State of Huntington Beach Huntington Beach, California Dear Bill: Here at last is the deed of the easement for the drain- age channel over the Harper property. I will appreciate your keeping me closely. informed as to the accrual of funds to the Koll - South Shores j account , which funds are payable to me as trustee. Regards. Yours very truly, JOSE W. AIDLIN Enclosure JWA/mcm LAW OFFICES AI DLI N, MARTIN & MAMAKOS 5143•SUNSET BOULEVARD JOSEPH W.AIOLIN LOS ANGELES,CALIFORNIA 90027 ARTHUR L.MARTIN JAMES L.MAMAK05 TELEPHONE 888-1910 BONNIE LEE MARTIN PHILLIP CHRONIS June 25, 1965 OUR REFERENCE Mr. James R. Wheeler Director of Public Works City of Huntington Beach P .O. Box 190 l Huntington Beach, California Re : South Shores Tracts Dear Mr . Wheeler: C� Before Mr. William Hartge left on his vacation we discussed the matter of the proposed reimbursement ' agreements with respect to the above tracts and we agreed that I would prepare an additional agreement which would provide that the City would receive the first reimbursement funds next accruing under Reimbursement Agreement 121 affect- ing Drainage Area 6B until repayment of drainage fees for Tract 4743 in the amount of $48,868.30, and that with such agreement the City would then be in a position to .pay reimburse- ment funds now held and payable totalling $51,469.75 . Additionally, South Shores would have to deliver the easement for the D05-SD.1 from the D05 Channel to Brookhurst Street and Developer would have to provide for the pedestrian bridge across the D2 Channel from Tract 4743 . Accordingly, I have prepared a form of agreement and am enclosing two copies for your examination. If you find the agreement in .order please advise me and I will have South Shores Homes execute this agreement as well as Reimbursement Agreements 121 and 122 . If you have suggestions for change please advise me . We appreciate your cooperation and helpful attitude in this matter . Yours very truly, w ' JOSEPH W. AIDLIN cc : _ K. W. Koll. y ROCORDING REQUESTED BY t �l i v AND WHEN Rlt:ORDlO MAIL 10 New. I $frost utdreu City A Slut. L 1 —J SPACE ABOVE THIS LINE FOR RECORDER'S USE AF'F'Ix I.R.S.8....................Is THIS SPACE Grant Deed To 403 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to :'he City of 1untin_;ton '3each, a "unicipal corporation, the following described real property in the City of ?T.untington Beach County of Orange , State of California: Those portions of the northeast quarter of the northwest quarter of Section 6, Township 6 South, RanF*e 10 West as shown or. a rrp thereof recorder in 30ok 512 pa_-e 14, Viscellaneous Maps, records of said Oran-e County, in the Rancho las ,olsas, being described as follows: Parcel #1 1n easement for drainae channel purposes over the north 100.00 feet of the south 300.00 feet of the above mentioned nort':^act quarter, excepting therefrom. the west 35.00 feet and the east ).10.00 feet. Parcel #2 An easement for street, 7urlic utilities and draina_;n pur^ores o-:or the west 15.00 foot of the east 41 .00 Legit of the North 100.00 feet of t, south 300.00 feet of the at)o:re mentionF:3 northeast quarter. Dated • STATE OF CALIFORNIA COUNTY OF SS. On —_ before me, the under- signed, a Notary Public in and for said State, perGinally appeared —, known to me to be the persoT whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature Name (Typed or Printed) (This area for oMcial notarial seal) Title Order No. Escrow or Loan No.— � T No 5co/e ,V J U t-3rcel , 'L . O ir: Vl \ Q l5 25 m , J �O Q N .:,.: Znd i co �e5 4v-ea s 01 c/eec/ PLACE INTERNAL REVENUE STAMPS IN THIS SPACE , Grant Deed I.R.S.$..._..... _._._..._..-. (Individual) We, 'Laura I. Harper, Ivan H. kIarper, Harold L. Ha rper, Kenneth W. Kour .....: .? ?xx�.�d..xr><an.a�s..Y�i s..aepaz�aat�.pxr�perty....and.Laura- ..harper .............:••-......... ;formerly Laura L Cocke, as trustee. -----------------------------------------------------------------------------•-------..:---------•-------.........-...----•-•-•- -•--••---------- • • - (GRANTOR • GRANTORS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Do...:.....:..:::.Hereby Grant To.._..:the- City of Huntington Beach, a municipal corporation, . it ` of Iiuitin on Beach the:real property to the-.... C Y 't ...............................................-------------------•-=---------- -:•, County of.............. range............................................................... --:•-- ---:- •---.-•--•:----••:-•--•-•_••-•-•••••-•- State of California,.described as follows: An easement for drainage and flood control purposes over that P�rtion of the Northeast Quartar of the Northwest Quarter of Section 6, Township 6 South, Ruige 10 West, in the Rancho Las .Bolsas, as:shovm on map thereof recorded In Book 51, Page 14, Miscellaneous Naps of said Orange County,-' lying southerly'of Tract No. 4304 as per map.recorded in Book } . Pages Miscellaneous Maps. of Orange County,. and. easterly of the 35 foot strip of land described in deed to the Orange County Flood Control'District re corded March.4, 19 60 in Book 512 9, .Page. 1.6 6,•-.Official Records. Exce, pti.ng therefrom the south 200.OOteet.. Dated.........................................................:.19.......:. ......................------.-..............-...-..............---.............-.......-•-•..... STATE OF CALIFORNIA COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO On .....--•.................................... .................................... .-......... --•-•-----...--.- .•_...---_---.--...._..............._....._........... .... _..._..... before me, .-.......•................•-..-..---•••---•......-.-.....-...........-......-..-•.•--... ORDER No._..._.-• ____ ESCROW No._..—..-----•-----.._......... _ a Notary Public in and for said County and State, person- ally appeared -------=--------------------------------------------•-- ----------..... -SPACE BELOW FOR RECORDER'S USE ONLY •.... ............ . . _ . ................ ............................ ..... ..... ..-.... ......-....... -...... known to me to be the person..-.....whose name...................... subscribed to the within instrument and acknowledged that ....................._.......executed the same. .. WITNESS my hand and official seal. (Seal) ..................... Notary Public in and for said County and State. My Commission Expires......................_..:................................... L-1 (G.S.) 4-25-56 (8 pt.) (Rev. 11-48) , ? U v U U U U U U I1 12 13 14 15 t6 17 t� y Q 70' 109 100 /07 AQ6 A05 /04 105 /O? / /00 99 98 97 96 95 94 93 7�ot3o O 3 //O //2 1/3 //4 //3 //6 //7 //B /i9 /20 /?/ /?? i23 /24 /25 /?6 h ?? 18 � A O 9j. E� LW/VE VLARDD � m i T 8 9 0 10 0 11 0 12 13 c 14 a I!S 16 17 c 18 0 19 0 21 22 3 24 25 \ 2 0 � Oo Oc O Oc O ° Oo ® o O � O N0 4 3W '� iao oc /9 7 /B ci' /7 /6 /5 /4 /3 /? // /O 9 B 7 6 5 4 3 ? / 70.90' ao I Io' Li 2.8 9 AC. v o O h 5.78 AC $ro m i' MARCH 1963 58 57 TR. NO. 4304 M. M. 158-24, 25, 26,27 NWE - ASSESSOR'S BLOCK ASSESSOR'S MAP & LOT NUMBERS BOOK 114 PAGE 35 SHOWN IN CIRCLES COUNTY OF ORANGE "CITY CLERK'S COPY Hraiaagg Area 6A THIS Air dated this lo_ day of July 79 , by and BETM Eg CIfT OF HONTINOTON ED a municipal corporation • hereinafter for c on. n1swe referred to as CI Tr SOM SHORTS HOMES a partnership hereinafter for cm enience referred to as, DEVEUM WITNSSSETH: TUR&S.. Developer has filed application with the City of Hmtiegton Beach for oonstrnctiop of a Storm Drain and Pump Station in conjunction with the development of Tract 4304 and Tract 4305 as delineated on the Tract 4305 and D05 Channel improvement plans in drainage area Number 6►9 and, • WHIMS, Developer is, at his own coat and expense construction said work all in conformity with the plans, specifications and provisions as approved by the Director of Public Works, and, WHEREAS, construction of said work has been in conformity to an applicable chapter of the Huntington Beach Ordinance Code, and, AHERBAS, Developer is entitled to reimbursement for the work perf�rd, folloviing the construction of these works, said reimbursement to be made as agreed herein. a Number 122 NT TBHRR7=# in-consideration of the promises and the agree3 vets herein contained, the parties agree as follows: 1. That upon completion of the work, or portions thereof herein described, bV the Developer,, to the lull satisfaatien of the Director of Public Works and on its being accepted by the City of Huntington Beach, Developer shall be entitled to reimbursement for drainage fees paid at the time of development of lands tributary to this store drainf Hors specifically,, bat not-limited to drainage fees based on Area 6A at the rate of S650.00/acre. (Refer to Exhibit "A" attached hereto for area served and Exhibit NC" attached hereto for determination of acreage fee.) 2. That the facility under construction by Developer in drainage area 6A for which refunds are hereby agreed to be paid is described as followes C05 - SDl "D05" Channel • 3. That the coat to Developer to date for construction of this facility is estimated to be as follows: Storm Drain Construction : $99,249.50 4. That the Developer at the request of and in the best interest of the City has under construction this facility sized to City requirements, and for ihich the City has agreed to participate in the amount of NONE. 5. That the refund to be paid the Developer under this agreerent is as follows: Refund credited by construction of Developer's tracts as followes Tract Acres Amount 4304 30.230 $25,695.50 4305 63.120 ,652.00 Total $799347.50 Not Refundable : $19,9902.00 6. That refund shall be made by the Clerk of the City of Huntington Beach, upon certification by the Director of Public Works, to the Developer s as the work progresses to the extent that funds are available from drainage fees collected for service by this facility. 7. If additional users participate in drainage facilities in drainage area Rnmber 6A in the future, the drainage fees they pay will be distributed -2- L � - to these individuals or eat3tios, that have previously contributed to the cost of the drain, is proportion to the cost borne by each such individual or entity. 8. 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. Howver, City agrees from an administrative, legislative or quasi Judicial procedure to protect the interest of Developer, either individuals or entities, who have previously constructed drainage facilities, by the collecting of the drainage fees, either prior to or concurrent with the approval of any final maps within the drainage area, if a developer, who is within the drainage area; is required, as a condition to the approval of a tentative or a final map to construct drainage faciKties within the drainage area, City may allow said developer credit towards the per acreage fee consistent with this said agreements City further agrees to furnish a copy of this agreement to the developer of any properties in the drainage area. 9. In the event City does not require a developer within the drainage area to deposit the drainage fee with the City prior to or concurrent with the approval of the tentative or final map, in that event City will provide in any agreement with said developer that said developer is obligated not only to the City but to the developer, individuals or entities who have E previously contributed to the cost of construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by the developer who has previously contributed to the cost of drainage facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided however that the City shall not be required to pay the attorneys fees for amp of the parties. 10. It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so. -3- CITY OF KWATINGTCRI BUC$ a awdeipal COMO ttea A014 AS TO F : r • • i oxney 7aAmst� y SOUM SHORE$ B - e STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On this U..Zday of 1965, before me a Notary Public in and for said County and State, personally appeared B .Q� known to me to be the Mayor and � _wi. known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation tat executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. Notary Public OFFICIAL SEAL ERNESTMA DI PA810 NOTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY 11,ROW STATE OF CALIFORNIA ) • ) SS COUNTY OF ORANGE ) On July 14, 1965 before me, the undersigned, a Notary Pubilic in and fog said State, personally appeared KENNETH W. KOLL known to me to be one of the par-n-ars of the partnership that executed the wit ain irstru<:1ent, anQ acknowledged to me that such partnership executed ;.:.e same . WITNESS my hand and official seal. w1 SEPH W. AIDLIN JOSEPH W. ARXIN NOTARY PUBLIC • CALIFORNIA .•j PRINCIPAL 017HCE IN LOS ANGELES COUNTY My COmmiasiOn Exvires Marcel 14,1968................w. ...•.,,..... ro -� a - CITY CI E RK'S .. COPY Dralttue Area 6B -1 THIS AUNT dated this 14th_ day of July ., 19659 by and - . Bell= # CIT7 OF HUNTINGTON BEACH a ma:doipal corporation hereinafter for coav nienae referred to as CITY A :3 SOUTH SHORES HODS a partnership t hereinafter for convenience i referred to as, DEVELOPSftR i I a WITNESSETH: t WHEREAS, Developer has filed application with the City of Huntington Beach for construction of a Storm Drain and Pump Station in conjunction with the development of Tract 4852 and Tract 4744 as delineated on the Flounder Drive, Pump Station and D05 Channel improvement plans in drainage i area umber 6B9 and, 3 WHERUS, Developer is, at his own cost and expense constructing said work all 3a conformity with the plane, specifications and provisions as approved by the Director of Public Works, and, WHEBBAS, construction of _said work has been in conformity to an applicable chapter of the Huntington Beach Ordinance Code, and, WHEREAS, Developer is entitled to reimbursement for the work performed, followifig the construction of these works, said reimbursement to be wade-as agreed herein. Number 221 1 . I NOW THEREFORE, is consideration of the premises and the agresmeacts ! herein contained, the parties agree as follows: s 1. That capon commpletion of the work, or portions thereof herein 6 described, by the Developer, to the full satisfaction of the Director of Public Works- and on its being accepted by the City of Huntington Beach, Dsvelopsr shall be entitled to reimbarsoment for drainage fees paid at the ties of de"lopownt of lands tributary to this stow drainj sore + specifically, but not United to drainage fees based an Area 6B at the rate of $1,W.00/acre. (Deter to,Exhabit "A" attached hereto for area served and Exibit "C" attached hereto for determination of acreage fee.) 2. That the facility under construction by Developer in drainage i area 6B for which refunds are hereby agreed to be paid is described as tillcwas Fl*under Drive Pump Station "D05" Channel 3. That the cost to Developer to date for construction of this facility (see Ezhibit "B" attached hereto) is estimated to be as follows: Step Drain Constrootion = $173,193.90 e 6 mat the Developer at the request of and in the beet interest of. the City has under construction this facility sized to City requirements, and for which the City has agreed to participate in the amount of NODE. 5. That the refund to be .paid the Developer under this agreement (see Exhibit "B") is as follmas Refund credited by construction of Developer's tracts as follows: Tact Acres Amount 4852 27.847 $40,378.15 4744 39.962 7,91t4.90 Total $98,9323.05 Net Refundable z $76870.35 6. 7bat refund shall be made by the Clerk of the City of Huntington Beach, upon certification by the Director of Public Torke, to the Developer as the work progresses to the extent that funds are available from drainage fees collected for service by this facility. ,.. —2— 7. If additional users participate Pin drainage facilities in drainage area Number 6B in the future, the drainage fees they pay will be distributed to those individuals or entities, that have previously contributed to the cost of the drain, in proportion to the cost borne b;r each such individual or entity. B. 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 Developer, either individuals or entities, who have previously constructed drainage facilities, by the collecting of the drainage fees, either prior to or concurrent with the approval of any final maps within the drainage area, if a developer, who is within the drainage area; is required, as a condition to the approval of a tentative or a final map to construct drainage facilities within the drainage area, City may allow said developer credit towards 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 in the drainage area. �. In the event City does not require a developer within the drainage area to deposit the drainage fee with the City prior to or concurrent with the approval of the tentative or final map, in that event City will provide in any agreement with said developer that said developer is obligated not • only to the City but to the developer, individuals or entities who have previously contributed to the cost of construction of drainage facilities within the drainage area; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by the developer who has previously contributed to the cost of drainage facilities, to enforce the rights of the parties thereunder that the prevailing party shall be entitled to reasonable attorneys fees; provided, however, that the City shall not be required to pay the attorneys fees for any of the parties. 10. It is understood that the City is not required to institute legal proceedings to protect the interest of the developer, but may do so. -3- r DATED: , 1965 CITY OF HUNT INGTON SUCH A municipal corporation r hZ°IM.- C 2" City AP OVED TO Flo / As CityAttorney SOUTH SHORES HO S By 9 A . STATE OF. CALIFORNIA ) SS COUNTY OF ORANGE ) On this day of 1 1965", before me a Notary Public in and for said County and State, personally appeared op- known to me to be the Mayor and known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. Nota::y Public 4 1 OFFICIAL SEAL ERNESTINA DI FAMNO' 1 NOTARY PUBLIC • CALIFORNIA i PRINCIPAL OFFICE IN •" ORANGE COUNTY STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On July 14, 1965 before me, the undersigned, a Notary Public in and for said State, personally appeared KENNETH W.. KOLL I o known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same — WITNESS my hand and official seal. r w JOSEPH W. AIDLIN JOSEPH W, ,P I1' :- .• NOTARY PUBLIC•C i PRINCIPAL OFF LOS ANCELES ( MY Commission Expiry We.. ...13u8 mwuwuunuuwn.uu,.uuuu,,,wuu wuuwuww.,u„,uwww.u..�w,..,•,,....._um.um. ( a7� r { EXHIBIT "B" SOUTH SHORES HOMES (Status Drainage Coat vs. Drainage Fees) 1. DO 5 South Shores Cost t�to a. Right-of-Way a $100#095.00 b. Bushard crossing s 9,404.00 c. Edison R/W = 19000,00 d. Engineering 3,000-00 Total $113,499.00 2. W5 - SD 1 South Shores Cost to Date a. Ri ght-of-way b. Construction _ 40,500.00" c. Engineering = 2,000.00 Total $ 42,500.00 3. Flounder Pump Station Cost to Date a. Statioft • $105,180.00 b. Engineering . 8,414.40 c. Channel lining 2 8 0.00 Total 631694"-40 . 4. Puma Station on Yorktown to Date = None 5. Status Fees (6A) a. Cost to South Shores DO 5 - SD 1 . 4 42,500.00-'- Do 5 56,7�.50 Total $ 990249.50 b. Fees for Tracts Served 4304 - 30.230 ac. ® $850.00/ac. . $ 25,695.50 .4305 - 63.120 ac. ® $850.00/ac. 53A652.00 Total $ 79047.50 c. Balance Cost $ $ 99,249.50 Fees • 79 7. 0 Balance due South Shores from fees paid as properties served develop . $ 19,902.00 6. Status Fees (6B) a. Cost to South Shores Flounder Pump Station s $116,444.40 DO 67 9. 0-- Total $173,193.90 b. Fees for Tracts Served 4852 — 27.847 ac. ® $1450.00/ac. _ $ 40,378.15 4744 - 39.962 ac. ® $1450.00/ac. 57,944.90 Total $ 989323.05 c SOU71i SHORES HODS Page 2 c. 9a lanc e Cost - $173,193.90 Fees 982323.05 Balance 'due South Shores from teas , paid as properties served develop t $ 74,870.35 7. Status Fees (6C) a. Cost to South Shores - None b. Fees for tracts served 4743 - 37.591 ac. 1613,300/ac. - 48t668.30 c. Balance due City - 482868.30 �3e KM I T EC" ESTIMTE - SOUTH SHORES HOWS (Drainage Cost and .Reinbursewnt) Areas 6s, 6B & 6C 1. DO 5 Cost a. Right-wof-ray 5.71 ac. 6 $15,000.00 a $100,095-e00 be Bushard crossing, • 9,04-00 a. Edison R,/W 19000.00 d. Engineering s. 30000.00 e. Cha nne 1 lining (future) 68,000.00 $181A99e0 2. DO5 - SDI Cost a. Right-of-way easeaeat) s $ NOW • b. Construction (from west side of Brookhurst easterly), 40i 500.00 c. Engineering 20000.00 d. Future (66-inch RCP from DO 5 Channel to Brookhurs*. 46,800e00 e. Engineering & Contingencies (future) 00.00 $2010000.00 3. Flounder Pump Station Cost a. Station . $105,180.00 b. Engineering P.S. 8 424-40 o. Channel g (outlet to pump station) 2:850.00 a $116,4"-40 4e. DO -SD2 Cost a. Right-of4ay a $ Now � be Puturs (420 RCP from Prep Station to Yorktown) a 34,320.00 c. Engineering and Contingencies (future) ;, 580�00 = 420900.00 5. Pay Station to Yorktown, eto. a. Pmap Station a $140 000.00 b. Storm Drain in Yorktown from Ramp Station • to Cannery (D2-SC1 600 RCP) a 48,840.00 c. Storm Drains in Yorktwn and Cannery (D2--SCI 360 RCP) 609 720.00 ... 0 • • d. Engineering and Contingencies 62 `00 00 • $312,060.00 6. Area lee - Gravity Drainage (6a) a. Cost 1 s $201#000.00 D05 • 90,zh2050 $1919 749.50 be Korea� served: �aats 4304, 43059. 5025, 5026 & 4708, I"b School and asea east of Ward betwen Oarfie]d and Yorktown (227 A e. Fees $ a $84671 an $850.00 227 SOUTH SHOW HOM Pap 2 7. Area Fee — Pumped Drainage (6B) a. Coat: Flounder Pump Station and D05-02 . $159'344.40 / +} xD05 0 0 $�509093.90 ' b. Acreage served: Tmcts 4852 & 4744, Area I/Brookhuret between Barfield and Yorktown, area S/Yorktown (173 _ ac. ) c. Fee: q50 09 .90 _ $1,445.62 use $10450.00 173 8. Area Fee — Pumped Drainage (6C) a. Coat Fume Station, etc. — $322,060.00 b. Acreage served: Tract 4743, Area bounded by Garfield, Cannery, Yorktown, and Newland, and Tract 4805 (253 ! ac.) e. Fee: $312 060.00 e $10233.43 use $1000.00 23 ♦ Sasemnt for underground eto= drain will not elininats use of enrface; therefore, no coat justified. • d • s 9 CITY CLERK'S , COPY AGREEMENT THIS AGREEMENT dated this 14th day of July 1965, by and BETWEEN CITY OF' HUNTINGTON BEACH a municipal corporation hereinafter for convenience ' referred to as CITY r SOUTH SHORES HOMES a partnership hereinafter for convenience referred to as, 7 MOVELOPER WITNESSETH: WHEREAS, City and Developer have concurrently herewith entered into reimbursement agreements as to Drainage Area 6A, being Reimbursement Agreement Number 122 and Drainage: Area 6B, being Reimbursement Agreement Number 121, and, WHEREAS, pursuant to said Remibursement Agreements certain monies are now payable to Developer by the City, and, WHEREAS, Developer owes, as of this date, drainage fees for Tract 4743 in the amount of $48,868.30 and is also obligated to construct at its cost a pedestrian bridge across the D2 Channel from Tract 4743, such bridge to be constructed no later than two years from this date, and, WHEREAS, Developer is required to deliver to City an easement for the' D05-SD1 from the D05 Channel to Brookhurst Street, and, WHEREAS, funds for reimbursement to Developer under Reimbursement Agreement No. 121 for Drainage Area 6B; when collected, will exceed the amount owing by Developer, to wit No. 126 -1- i .. $48,868.30 for drainage fees for Tract 4743, and, WHEREAS, the aforesaid Reimbursement Agreements provide for funds to the City for installation of a future pipeline across the easement DO5-SDl from the DOS Channel to Brookhurst Street and a future pipeline southerly from the Flounder Drive Pump Station to York- town Avenue. NOW, THEREFORE, in consideration of the premises i and the agreements herein contained, the parties agree as follows: 1. Developer does hereby irrevocably assign to City the first reimbursement funds hereafter received by the City payable to Developer under Reimbursement Agreement Number 121 as to arainage Area 6B up to the amount of $48,868.30 in payment of and to be applied to drainage fees owing by Developer for Tract 4743. 2. In view of- the provision by the City for costs of underground pipline across the easement DO5-SD1 from the DOS Channel to Brookhurst street and the underground pipeline southerly from the Flounder Drive Pumj? Station to Yorktown Avenue no value has been given to Developer in the aforesaid Reimbursement Agreements for said easements or rights of way, and the City agrees to install such underground pipelines at such time as the City has received drainage fees, in excess of the said drainage fees for Tract 4743 owing by Developer, as provided in Reimbursement Agreements Numbers 121 and 122, sufficient to pay for installation of such pipelines. -2- i i 3. Developer shall either a) deposit with the City • •a bond in the amount of $15,000.00 payable on demand withinr two years from this date, which said sum shall be used by the City for construction of a pedestrians bridge ' across the D2 Channel from Tract 4743, said bridge to be constructed pursuant j to specifications heretofore established therefor by the City, any excess thereof remaining over the cost thereof to be paid to Developer, or b) shall deposit with the City a f6ra agree- ment, satisfactory to the city by a reputable contractor agree- ing to construct said pedestrian bridge upon demand therefor by the City at any time within two years from this date, con- struction thereof to cobmence no later than 60 days after date of such demand and to continue diligently until completion, or c) Developer shall within 30 days from this date commence and diligently continue until completion the construction of said pedestrian bridge and pending completion of such construction the City may withhold from funds payable pursuant to paragraph 4 hereof, the sum of $15,000.00, which said sum shall be paid by the City as provided in paragraph 4 hereof upon completion of said pedestrian bridge. 4. Upon execution of Reimbursement Agreements Numbers 121 and 122 and this agreement by Developer and City and the delivery to the City of the easement for the pipeline DOS-Spl from the DO5 Channel to Brookhurst Street and provision for construction of the pedestrian bridge across the D2 Channel from Tract 4743 the City will pay out of reimbursement funds now available pursuant to said Reimbursement Agreements the total sum of $51,469.75, said payment to be made to Joseph W. Aidlin Trustee pursuant to irrevocable assignment of and order to pay to said Joseph W. Aidlin as Trustee all claims df -3- 4 :i-7 • _ Ig l i a ;j i Developer for reimbursement from the City, duplicate original of which assignment has heretofore been filed with the City { together with notification of said assignment and order to pay. `. i t IN WITNESS WHEREOF, the parties have executed this agreement as of the date above written. CITY OF HUNTINGTON BEACH A municipal corporation f i 2 B Mayor At City C PRO AS FO st. City Attorney SOUTH SHORES S Y Pa tner -4- s e STATE OF CALIFORNIA ) SS COUNTY OF 0RMNGE ) On this & ay of 1965, before me a Notary Public in and for said County and State, personally appeared known to me to be the Mayor .and known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. . f Notary Public OFFICIAL SEA! ERNESZINA DI FAMO 0 NOTARY PUBLIC • CALIFORNIA WINCTZ OFFICE 1N ORANGE COUNTY STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On July 14, 1965 before me, the undersigned, a Notary Public in and for said State, personally appeared KENNETH W. KOLL r. known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same . WITNESS my hand and official seal. 4,T&OSEVIffW. AIDLIN JOSEPH W. AIDUN I • NOTARY PUBLIC •'CAUF0RMIA PRINCIPAL 0, ICE IN LOS ANGELES COUNTY My CwMfWvn ExP1 I Lkmh 14.IM .».........,................,,.,...«,..... ,.•................. .....,...,.,, E --------------- � V EXHIBIT "B" SOUTH SHORES HOLES (Status Drainage Cost vs. Drainage Fees) 1, DO South. Shores Cost to Date a. Right-of-Way = $100,095.00 b. Bushard crossing - 9,404.00 c. Edison R/W - 10000.00 d. Engineering - 3,000.00 Total $113,499.00 2. DO 5 - SD 1 South Shores Cost to Date a. Ri ght-of-lay = $ b. Construction = 40,500.00 C. Engineering - 2,000.00 Total $ 429500.00 3. Flounder Pump Station Cost to Date a. Station - $1059180.00 b• Engineering - 8,414.40 c. Channel lining 22850.00 Total 8116,444.40 • 4. Pump Station on Yorktown to Date None 5. Status Fees (6A) a. Cost to South Shores DO 5 - SD 1 _ $ 42,500.00 DO 5 - 56,749.50 Total $ 990 249.50 b. Fees for Tracts Served 4304 - 30.230 ac. ® $850.00/ac. - $ 259695.50 4305 - 63.120 ac. @ $850.00/ac. 93,652.00 Total $ 79047.50 c. Balance Cost $ 999249.50 Fees - 790 7.50 Balance due South Shores from fees paid as properties served develop . $ 19,902.00 6. Status Fees (6B) a. Cost to South Shores Flounder Pump Station : $116,444.40 , Dos - 679. O Total $173,193.90 b. Fees for Tracts Served 4852 - 27,847 ac. ® $1450.00/ac. _ $ 40,378.15 4744 — 39.962 ae. ® $1450.00/ac. = 7 9 •90 Total $ 98023.05 f. SOURI SHOUS HOL'S Fa ge 2 c. Balance Cost .. '�173,193.90 Fees = 9823-3.05 Balance due South Snores rom fees paid as properties served develop = 74,870.35 Status tees (6C) a. Cost to South Shores = w None b. Fees for tracts served 4743 - 37.591 ac. 7,300/ac. - 48, 6f�.30 C. Balance due City v 6 48 868.30 i . i EMBIT "Cu ESMIATE - SOUTH SHORES HOMES (Drainage Coat and Reimbursement) Areas 6s, 6B & 6C 1. DO Go 6 ' a. Right-of-way 5.71 ac. ® $15,000.00 $1009095.00 be Bushard crossing - 9,404.00 c. Edison R/W 0 1,000.00 d. Engineering s 3,000.00 e. Channel lining (future) = 682000000 $184499.00 2. DO - SD 1 Cost _ a a. Right-of-way easement) a $ NOW � b. Construction kfrom vest side of Brookhurst easter%r)w 40#500000 c. Engineering 2,000.00 d. Future (66-inch RCP from DO 5 Channel to Brookhurst). 46,800.00 e. Engineering & Contingencies (future) = 11 700.00 • $lol,Da�O. 3. Flounder Pump Station Cost a. Station _ $lo5,180.00 b. Engineering P.S. 8,414.40 o. Channel lWag (outlet to pump station) = 2,850.00 $116,444.40 4. 201-22 Cost a. Right-of-Way : $ Nons, +� be Future (42" RCP from Pump Station to Yorktown) 34020.00 c. Engineering and Contingencies (future) _ 8.580.00 $ 420900.00 5. !tM Station to Yorktown, etc. a. Pump Station _ $11}0,000e00) b. Storm Drain in Yorktown from Pump Station = to Cannery (D2-SC1 60" RCP) �C _-_- ,- 148,840.00 �t� c. Store Drains in orktvwn and Cannery (DQ 1 a d. Engineering and Contingencies --- o 6,2 ).500.00 r $33.20060.00 6. Area Fee ; Gravity Drainage (6A) a. Cost D0 5�5 l - $�0�7�9.0 50 $191,749.50' be Acreage served: Tracts 4304, 4305, 5025, 5026 & 4708, Lamb School and area east of Ward between Garfield and Yorktown (227 1 ace) c. Fee: $1 1 7 o $844.71 use $850.00 227 307M SHORES HODS Page 2 7. Area Fee - Puzped Drainage (6B) a. Cost: Flounder Pump Station and DO5-SD2 - $159044.40 j x D05 a 22,749-LO $250oO93.90 b. Acreage served: Tracts 4852 & 4744, Area N/Brookhurst between Garfield and Yorktown, area S/Yorktown (173 ; ac. ) e. Fee: $250 o .90 = $1,445.62 use $4450.00 173 B. Area Fee - Pumped Drainage (6C) a. Cost Pump Station, etc. - $3u,060.00 b. Acreage served: Tract 4743, Area bounded by Garfield, Cannery, Yorktown, and Newland, and Tract 4805 (253 ± ac.) e. Fee: $312 060.00 = $1,233.43 use $1,300.00 23 �t Easement for underground storm drain will not eliminate use of surface; therefore, no cost justified. May 6j 196 Santa Sam. � .n Association North in at Wltl�'�$tmet zeta ,, Califorou AttFAntiOUI Mr. Stavart . v0pberson 6UNact; HaWwroment South Shore Tnots C3(96 0 Dear girt ' Reference is wido to our letter to W. F, V. Noll day h O3. 965* and YvAr roply dated April 5. 19654,, Returwd herewith is a reimbursement agreemnt and two (2) +Mode for ri at f-vay necessary for dxqinsge facilities, These Instrumuts shes: ,d be executed and roturned to this Office. we will 4ve the reeds recorded and the a reawa exocuted by the Citys truly yr Japes R. wbeelor Director of Public Works H. Ijap ' y Director of Public Works [PY r 3259 PLEASE RMW TO CLERK DJtO!��8 +:�t 331 P e• Sex l 90 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE el# of Hunfl on B®ocb Grant Deed G� ' rG -k (Individuall) EARL A. LAMB, a married man as his separate property ....................................................................................... - (GRANTOR - GRANTORS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, M................Hereby Grant To........The City of Huntington Beach the real property in the....... ity.of--Huntington._BeaCh......................................................_................................ County of............Orange............................................................................. State of California, described as follows- For drainage purposes: The Northerly 100. 00 feet of the Southerly 300. 00 feet of the Northwest Quarter of the. Northeast Quarter of Section 6, Township 6 South, Range 10 West, in the Rancho Las Bolsas, as shown on a map thereof recorded in book 51, page 14 of Miscellaneous Maps, records of said Orange County; EXCEPTING therefrom that portion included within Tract No. 4852 as shown on a map recorded in book 175, pages 23 through 25, Miscellaneous Maps, records of said Orange County. AYYk L ti r *W, 1�- -/�� -- 19--- 1 = - ---------- I CITY ATTORNEY Dated..``.-v .... .......... ve ............1943 �eFtiC�.a! _[n�z-.• .................................... ........................................... ....•----._.....-•---....._........._...............----.......----._....-•--• .................................... ........................................... ......................._..._...................._.............._..._._.......---•--......._. STATE OF CALIFORNIA COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO ..........Q-1fA.1-L/...G...E............... ----...--••--........-•----........_.---•--......---•-----......•--•-•----------•-•-•••-----••--.........._........--•_..- On .../-1.'/. _.-19r_3........ ........... ................. w.,.. ... �:• 14.�.. . ORDER No...............-.......... ESCROW No....................................... This is to certify that the interest in real property conveyed by the deed dated July 22, 1963, from Earl A. Lamb, a married man as his ay GO - separate property, to the City of Huntington Beach, a municipal corporation, is hereby accepted by order of the City Council of the 2 4 GLIr .•�. . � City of Huntington e�*- on. to�e■ber 2, 1963, and the Grantee consents W to recordation thtaredf by' it& 4jy authroized officer. 0 Dated: December '3, 3.-° : City of Hunting Beach BY: r e rk ' �}kSt. .. r' sr,+F •y:' -,�.:�M. �.. :�•, ,.q;•�' 's V`.1 �" �::� 4'� F .t�'r,�+.`c> ��: r�`"�i �. .s'' -{� . .� �,'ti:�u '�`4' •'s �,` .. •,.j�i . . � :Y• > �, •:�. � .t �r� .. ,+yC. y� �- a'�'e .�!A t_•:e�3` •yip � i �x7ryh s" � �.• i•r' ', '4 .. ✓ ► 1 ''n '�. f ,s.—�d,�..� r"„���?�`4�'�ask rt.Y.• t: rZ'. h. o ^�� ` �. .. ,.��.�:i 1.` .F.�.:} ,b�f•r!�t''c, :`y.fa,$'�+4Yr x n ` :� Kf My-'�y� �,tR�t ru ,..tip. 'Y'xf' , ` �� •f 1• 141�. �•'x '� 7i �• ! �. ..�, , .�F^� 'r'�' .i a�h..t' 'f�A,.�.! �z r.- ry,p. In �� r Fib'.. }��,�dye r' ,w _�>.4� �> ��i4>Rfl�, ,' _' �:�! D Q lrR..iS.'1{r;'�E'�p � t�t .1Q+1``,�aa. '_ .�'".• i' +M,".�•r ',' l i .t�. : ° �j •'S '�. ,.� t %-T id. i29•r� �iSy/ � RT �'4 r,•vy �.;� 1k'*fit wr,.,� i '�,�,,,'{.`• ,� �'IE4.1,1i'CSTA.�'.,t � .al►•y w � � s •� � Y,J� EQ1<. 46 Sb� �•�ep' `G��' �'�, '� +�'.� ' i ,r�;S: a :�• �' �� AS Cfk• iQ1:1<' T ra.y • t '!t ` ;A• - ,•;� . . � t �.}� � � '�' r .. +' •:''�'o��'y'` a ;�::' , 'lad• I sw wow •v [3 Kv�M Ei�'��'.I L� r* l I �••1 .vim d` due ..j AS T14E 5 E (01.0t 714E ; 5W':4OF'4 KE a �•�C r•. - -' � 6 8, —' - -'_-- ._..T +. tls. -.7�:� -" -- r ° me R a s' st cr At •' E , C � is �.. __. ..� _- .�_...t ' _ �..- o it ; " 4Z 18 ACCIP',MV SEC 5 i i� fs L° tia 5t +v~ .6�, Ot ; 10 M % C 9R SEC S- 6-C S 4r4)) 1 I IL ij . - { owe v , t N rr SANTA ANA SAVINGS .�_...- '•-•--�_-- AND LOAN ASSOCIATION NORTH MAIN AT 1 5 T H STREET SANTA ANA , CALIFORNIA KIMBERLY 7 -7571 APRIL 5, 1965 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH, CALIFORNIA ATTENTION: MR. J AMES R. WHEELER, DIRECTOR OF PUBLIC WORKS GENTLEMEN: RE: REIMBURSEMENT SOUTH SHORES TRACTS YOUR LETTER OF MARCH 8, 1965 TO MR. K. W. KOLL, 10021 KUKUI DRIVE, HUNTINGTON BEACH, CALIFORNIA, REFERS TO A GREAT MANY ITEMS CONCERNING SOUTH SHORES TRACTS. OF PAR- TICULAR INTEREST TO THIS ASSOCIATION ARE THOSE ITEMS REFERRED TO ON PAGE 2 AS "DUE SOUTH SHORES HOMES, AND THOSE REFERRED TO ON PAGE 3 AS "ITEMS DUE CITY". THIS ASSOCIATION MADE LOANS FOR THE CONSTRUCTION OF IMPROVEMENTS ON VARIOUS LOTS IN TRACT NO. 4305 AND TRACT NO 4743, AND 1T APPEARS FROM YOUR LETTER THAT THERE ARE SEVERAL MATTERS IN CONNECTION WITH TRACT NO. 4743 WHICH ARE TO BE COMPLETED, OR AR- RANGEMENTS MADE FOR THEIR COMPLETION* ACCORDINGLY, THIS ASSOCIATION HAS ENTERED INTO AN AGREEMENT WITH KENNETH W. KOLL, DOING BUSINESS AS SOUTH SHORES HOMES, WHEREIN KENNETH W. KOLL, OBA SOUTH SHORES HOMES, AGREES TO "MAKE AN AGREEMENT WITH THE CITY OF HUNTINGTON BEACH BASED ON ITS LETTER OF MARCH H, 1965 TO K. W. KOLL, WHEREBY ANY FUNDS ACCRUING TO HIS CREDIT WILL FIRST BE APPLIED AGAINST ITEMS DUE FROM HIM TO THE CITY; AND ANY BALANCE THEREAFTER PAYABLE BY THE CITY TO HIM WILL BE ASSIGNED TO THE SANTA ANA SAVINGS AND LOAN ASSO- CIATION...". REFERRING AGAIN TO YOUR LETTER OF MARCH 8, 1965, IT IS OUR UNDERSTANDING THAT THE FOLLOWING ITEMS ARE DUE IN CASH REFUND TO SOUTH SHORES HOMES: A. REFUND FOR OFFSITE SEWER MAIN CONSTRUCTION $19,845.78 B. REFUND FOR OFFSITE WATER MAIN CONSTRUCTION . 11 ,721 .97 C. REFUND FOR ADDITIONAL COST FOR DRAINAGE CONSTRUCTION IN DRAINAGE AREA 6A 19.902.00 TOTAL CASH REFUND DUE SOUTH SHORES HOMES $51 ,469.75 IN ADDITION, WE UNDERSTAND THAT THERE IS A REIMBURSEMENT AGREEMENT WHEREBY REFUNDS WILL BE MADE BY THE CITY WHEN ADDITIONAL MONIES ARE COLLECTED IN DRAINAGE AREA 6B FROM DEVELOPERS, ESTIMATED TO BE AT THE RATE OF $1 ,500 PER ACRE. YOUR LETTER STATES THAT THERE IS A TOTAL ACCRUED FOR SUCH REFUNDS IN THE AMOUNT OF $74,870.85. YOUR LETTER INDICATES THAT THERE ARE CERTAIN DEEDS AND RIGHTS-OF-WAY WHICH MUST BE OBTAINED, BUT IN ADDITION REFERS TO THE NECESSITY FOR DEPOSITING $15,000 WITH THE CITY TO COVER THE COST OF A PEDESTRIAN BRIDGE ACROSS THE D-2 CHANNEL PLUS FUNDS FOR DRAINAGE FEES FOR TRACT NO. 4743 IN THE AMOUNT OF $48,868.30. -1- MEMBER OF FEDERAL HOME LOAN BANK SYSTEM AND FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION CITY OF HUNTINGTON BEACH APRIL 5, 1965 PAGE 2 MR. KOLL ADVISES US THAT HIS ENGINEER IS CHECKING THE ESTIMATED COST OF, THE ABOVE MENTIONED PEDESTRIAN BRIDGE IN ANTICIPATION THAT THE COST THEREOF WILL BE SUBSTAN- TIALLY REDUCED FROM THE $15,000. IRRESPECTIVE OF THIS, HOWEVER, IF MR. KOLL WERE TO ENTER INTO AN AGREEMENT WHICH COULD RESOLVE ALL OF THESE MATTERS AT ONE TIME, IT WOULD APPEAR THAT THE FOLLOWING AMOUNTS WOULD BE PERTINENT: A. KOLL OWES THE CITY $63,868.30 B. LESS: THE CITY OWES KOLL . 51 ,469.75 NET: KOLL OWES THE CITY $12,398.55 YOU ALSO ADVISED US THAT THERE WAS A 10-ACRE PARCEL BEING DEVELOPED FOR A TRAILER PARK WHICH WAS ANTICIPATED TO COME INTO THE DRAINAGE DISTRICT IN THE NEAR FUTURE, AND IT WOULD APPEAR THIS WOULD INVOLVE FEES OF $15,000. IMMEDIATELY UPON THIS BECOMING A REALITY, MR. KOLL COULD ASSIGN $12,398.55 TO THE CITY BY AGREEMENT, WHICH WOULD EQUAL- IZE THE AMOUNTS DUE KOLL FROM THE CITY AND DUE THE CITY FROM KOLL. I PRESUME THAT THE BALANCE BETWEEN $15,000 AND THE $12,398.55, BEING $2,601 .45, WOULD THEN BE REIM- BURSABLE TO THIS -ASSOCIATION FOR THE ACCOUNT OF KENNETH W. KOLL, DBA SOUTH SHORES HOMES, AND THAT AS FUTURE ACREAGE PAYS FEES TO THE DRAINAGE DISTRICT, THAT SUCH FEES WOULD BE REIMBURSABLE TO THE ASSOCIATION FOR THE ACCOUNT OF KENNETH W. KOLL, DBA SOUTH SHORES HOMES, UNTIL THE RESIDUE OF $74,870.85 IS COMPLETELY LIQUIDATED. WE WILL APPRECIATE RECEIVING YOUR ACKNOWLEDGMENT OF THIS LETTER AND THE ASSIGNMENT OF THE FUNDS AS RECITED HEREIN, TOGETHER WITH ANY COMMENTS YOU MAY HAVE OF ANY FACTS WHICH ARE NOT CLEARLY UNDERSTOOD. YOURS VERY TRULY, ;SANTA ANA SAVI S AND LOAN SOCIATION S. S. MCPHERSON, PRESIDENT SSM:AVR CONTENTS OF THIS LETTER AND REFERENCE TO ASSIGNMENT OF FUNDS APPROVED AS OUTLINED. KEN NETH . KOLL, DBA SOUTH SHORES HOMES TAX CWE AR AS POR S. %/2, NW //4, NE. //4, SEC. 6, T. 6 S, R. /O W 5 5 � 3 4-0�2 I I W,qL LAEYE T/6ERR/LE�� ClCARP E E C y _ /03.97' �$ VELA' RDO DRIVE ° '� 20 o` 70.+G &O •1 .1 11 .I • 4 4 .. .1 w I .1 Go L�' /O TR Cr s b s, ��. O5 , •�,.,�� ° �\ O 5 � II 12 13 lid 15 16 IT d ' 18 � . 45.24' M t 70 /24 /23 /?2 /2/ /2D //9 //8 //7 //6 //5 //4 /i3 /i2 /i/ //O /09 /08 �' /07/ - 5 2. 94 AC. ao r - • O _ 0 5.87 AC. o 0 o ti N x•"'/70 171IV 173 174 / / /80 /8/ /82 /83 /8 /88 TRACT Lor A Q5 8 O �T 28 29 O 31 O 33 34 O O 3T O 39400 FLOUNDER DRIVE � R' 4 13 O o°/5 •oi' 2 ioo' /iao' Z v O 751157 2 O 2 v �•ao'/69 / /6 /6 /6 /63 /62 / /58 /56 2 /39 /40 /4/ /42 /45 /44 /4 /47 48 49 /50 /5/ /S2 16 0 1 -- _.._- 4 'p /55 0 3259 • - sus �:../ ... M CLERK O. 8/1( 90 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE -f RUMOR Beach Grant Deed S. (Individual) EARL A. IAMB, a married man as his separate property ............................•-------.....------••----------...---.......--•------•-••--•-•------------------........----------------------•----•-----•--...---------------------.....----•------• (GRANTOR - GRANTORS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Do................Hereby Grant To.......The City of Huntington Beach . • ----•---••--------------•--•--•-•---•---.........--•-------•- - , tits real property in the., City-of--Huntington-Beach---------•--•--------------------------------------------•--••----•-----••--------•-• IJ Oran e •County of........................$.-.-._--..-......._..._._____._.-. ............ State of California, described as follows: -Fbr drainage purposes: The Northerly 100. 00 feet of the Southerly 300.00 feet of the Northwest .9iarter of the Northeast Quarter of Section 6, Township 6 South, Range 10 West, in the Rancho Las Bolsas, as shown on a map thereof recorded in -pooh 51, page 14 of Miscellaneous Maps, records of said Orange County; �.} _; XCEPTING therefrom that pprtion included within Tract No. 4852 as - n on a map recorded in book 175, pages 23 through 25, Miscellaneous 1Gps, records of said Orange County. APPRc EL Ok fURM CITY ATTORNEY Dated. �/ ' .....19 .3 ........... (+�t.X�_p! .-1�. .:. ----------•---•--•---•--•-----------------------------------------------•-----•' ------•----------•---.....-•-••--•---•-------•---•-----------•.........---..........-•----....... STATE OF CALIFORNIA COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO .............................................. .................................................-..............................-.................................-....-... _._.. b.01— o e � ORDER No............-............---_._. ESCROW No........... ,.. This is to certify that the interest in real property conveyed by the deed dated July 22, 1963, from Earl A. Lamb, a married wan as his separate property, to the City of Huntington Beach, a municipal corporation, is hereby-acdcpted by order of the City Council of the City of Huntington �* n.® ... *Ober 2, 196q, and the Grantee conse• nts to .recordfiction thor f, bit itsu�y authroized officer.v .� a Dated: December C I"&,Y. i. City of Hunting Beach t ��/�, �►�� BY: ' r" er +' J• '' a �� ^t s �,�t� �� C�r7Y Yi��i i t{<<�� Gi'�'��� Y.r:�''�' _ .. —_�,,,.,� ,�' 'vk 1+�,�,; ;kt �'j' •,��,'j d� .- •?�� ,r, �.. i'' `•'t V�y� #•::t .. �.`• '' f'�,�F co �. I �� ,r .� y1t7 Y e..t'� tS c ' 't c•'.' '�• r.•" F, •1, .. •,� t :" ° t.'i't S 7�1 J,R 1'� F {P{/ 'R ri f t. i,• 3''� .:,I,'a,•.� l)V ��".V�, r '}r '.Y�yf.',•t'�Lr � ' `� C�r,a '� a � .4 , e .. ', ... \i/ r 5 Y 't ti•. `t 3 , 4 5 kv j �� rt { 4u,r h'ltrY.[p '. ',w St.et y '•r.., ,, CA r r 4 r � XEY MAp rd r I �.. •yam�'.u � �•r .,, -- - •� i.''�id,X� • -�(1�'f Oc �Ot'R411 IA+1Er t�Ot'tiDAtR . . _ •' V l • 11 84'ACi C.'f Li .. 06 31 4. m N. RA, CT I,Tlo ,CITY OFKOY •NuTOM bt1►C1i bAl'�01 f _ t � • o- I o t1 t t Y i i 34 do - t tb54 Nf. 40 r r w, at n to <_• r Ic c t• •a gap (Drainage Coat and Fie-ziburs"8.nt) I. � b� Buih�-^d crossing 9,404.00 �bG j 3a r 1 `d. Sngineeri (�-1 ,�.; :�;H'J .. .00 (, Cba r-nel. lining 66 000 a. Right of way �c fs"ement) Ae 'fig. Construction500.00 .'c. EngineeringAle 140- a' Y Future � ] �' �r,e"4f) ^v � & Cvnti gencias � t=e.}/ l�3 la1) CD�� 'a. -Station 41.050180.00 -tr' . Bnginet ring P.S. 8,./w14,.40 J mac. future Storm Drain 349320.00 mod. Fx*inee ring & Contingor 7 (�' t', re) - $1,580.00 Chaunal. lining �. � � ►. i P Station an Zorl�tz�w. eta + -a. Pw,,p Station mob. Storm Drain in Yorktown From k p Station to Cannery vc. ,> Sto= Dlrmina in Yorktown & Cannery = 60,720.00 ado InginseriAg and Contingencies 10 $=y060s0d 5. r2g �^ a.. Cost: 00 DO 5 SD 1 14 0 Op 1 # Total. *192 57'1,00 1411) r r b. Acreage._Searv+il x area **At of �a � � C�i"i�rl�! ? ']Ci*%& (2e ±*ac )• CS. toot ,r+ y 0,v .f�b"J' ���,�.'I:f d+3'rFo��,�iY' .�':,r'" +'A�alp✓`rG°� s �� J � •J L preage ServedS w `�etve�tz Garfield & lorktown, Are jyl9 Fee s; = Al9 oQO 17. Ates Foe-,—, NO a® .Coats . 'y. ke resge serveds Tract 4743 s .t"at b9unded by Garfield,, "Mary'. Zor'kuvt, & Ntw land,, and Tract 4405 C. loos t1s.233» use � 9� .25 ev I i i ;3eiker f"ee ^ re,Hted to o= tea nkheres a."lar o,e� due Soatb Shores homes �-L, ref=d from fees coll otec' on other properties It tar be pos itie to re tired. the monies duos for se,r—er and vats, main acii6.trraction, from city funds if it is determined *bat said monies are av&ilable from other tie—ins since Coxistruction was aoea pleted. This matter will require} a more thorough in eastigg ti;cv ,before a &,Aermi.nation can be made o If monies are not avai]Ablt a reimbursement agreement will be prepared. t. �xai.naa�e=_�acilt.tia� a The .figures which were submitted do not agree: with the estimate made by this office. Attached .is our estimate. which you should review and correct as necessary per you paid receipts. You :will note the following differences l h'L- cost of the '-taavment for the channel from Brook. burst to 1300 + feet westerly has not been included. This is predi,,At-_& on.;aou being able to obtain an eAsement from the owner for a faxture pipeline. 2. The cost of.ohadnel excavation has not, becft included ; since the excAvated material was placed can your tradt� ; ancl was a de iniAo benefit to the tract develop one Fad your ca ps . not desired the material we feel. there:. ` are. numerous cprAra.ctors would have excavat d .th ` channel for to ' ter e l 3�exaved, 3. The chain—link, fpncing was a com it ional ,r ui rent- k ; df the, tract ct develoorr(ent, and the cost for same should not be incurred;,b the draa.ir-a e district. ti T°i:e cost of th4t portion .of the channal liming which has been con#trl,cted: {or will be in the near _fut-ores}_ was necessary.,biacause the pip station,d scharged a that point. Tbi�rafore, said' cost should be included in the area wrhiO.h. is pumped. xttare, pip.'Sig c+ st" per the attached estiviate are higher. It is assumed 'that the pipes you used were undersize an we ha irb �bl;, �aaed a higher unitpricetocoy- pensa#e for fu ire increases in labor, and material. cost. We have also indladed. Eagineexring and continge i.es q Driinage f6es are c _-ged on the grass tract acre e have added engineering, coat which you may not have !vcluded in your Pi -e A roviev of our records e dwi status of r4ht-of- Waysor the drainage facilities reve&18 that we- have not, rem ceived a deed from you- for the (W 5) East Valley Chp.Dnel ri h - of-way nor &n e s tene t .star the DO 5 - SC 1 Ch&wel (Brookhurst to, 1.3001 went rly). c-ae inatrnaztents should e. submitted at your eajr-li at convenience., Very try "Urn,, .' R. Wheeler, Dir"tor of Public Vorkuo By � E. t of Public Worka MOT;AMShm r Z24�1 s� ( I �. ! I i { rvii f j r - � i li. i, ; � r �I .i i � I 11 - �' I ••�! � r ��� r<rl�r I I !f 11 /- `� IOti � ' ' �� - , X`%t�^Gv J �Qf�G��PGJ✓ �� C��6lL3e/ ��`- ��'Yah _ i �v� Gv --� j�'~ i.�G� SG: �,_ - ' � � I .sii I aelewl Zi rl Ij i I I !- .� i °i i 1 I � I : -I �� •�a, 1\ � I `f•. � I .I f l ! � I i j -•� I I � 3 i I - I I � i i � •\� i I � I To Date OL- ds-��cs .�O✓ c� 1000, \ PLEASE REPLY TO",,*, Signed r i Date Signed Redifprm SEND PARTS-1 AND 3 WITH CARB S.INT 4S 46S PART 3 WILL BE RETURNED WITH REPLY. LAW OFFICES AI DLI N, MARTIN & MAMAKOS 5143 SUNSET BOULEVARD JOSEPH.W.AIDLIN LOS ANGELES,CALIFORNIA 90027 ARTHUR L.MARTIN JAM ES L.MAMAKOS TELEPHONE 666.1910 ' BONNIE LEE MARTIN 4 PHILLIP CHRONIS- UR REFERENCE January 15, 1965 d . r. IP,'a CERTIFIED MAIL RETURN RECEIPT REQUESTED ' rG Director of Public Works City of Huntington Beach Huntington Beach, California Attention: Mr. William Hartge Assistant Director In re: Kenneth W. Koll and South Shores Homes Gentlemen: .This will confirm the notification to you by Mr. Charles H. Gorham of South Shores Homes that South Shores Homes and Kenneth W. Koll have transferred and assigned, irrevocably to the undersigned Joseph W. Aidlin as trustee, all claims against the City of Huntington Beach and all departments thereof for reimbursement for sewer and ..water extensions and for drainage improvements' in connection with Tracts 4304, 4305, 4743, 4744 and 4852, I am enclosing an executed duplicate original of the assignment and you will note that the City of Huntington Beach is authorized and directed to make all payments on account' of said claims directly tome as trustee. V ry truly yours, I V V� OSEPH W. AIDLIN JWA:da Enclosure f ASSIGNAMEW OF CLAMS FOR GOOD AND VALUABLE CC3NSID>'mRA#LION,. the receipt and sufficiency of which is hereby acknowledged, the undersigned . does hereby transfer and assign to JOSEPH W, AIDL1N as `trustee, pursuant t4 the provisions of certain agrementss dated July 31, 1964, heretofore entered into between the undersigned and LAURA I. HARPER t"'t;s Trustee, i AN H. HARPER and HAROLir HARPER and with EARL A. LAW and EARL A. i:KzM, #tiJ:1L.4AM vA7«eO7iaA.E LAM and JOS.9PH W. AIDLIN as Trustees of the EARL A. IoW- TRUST, respectively, the following claims of the undersigned against the City of Huntington Beach, California, and all departments thereof, to-Wits 1. Claim for raimbursser-nt for sewer and water extensions,. Claim for reimbursement for drainage improvements, All made by the undersigned in connection with the subdivision of Tracts 4304, 4,305, 4743, 4744 and 4852, City of Huntington Beach, California. The heroin assignment is irrevocable and the City of Huntington beach is hereby authorized, directed and empowered to make any and all payments on account of the aforesaid claims directly to said JOSEPH W. AIDLIS as Trustee, and his receipt and release therefor ,shall be a .full release and acquittance thereof for and in behalf of and on account of the undersigned. Dated: Covenber 3, 1964. lWi�efh W. Kol SOUTH w pRS 6, a partnership e SrArs or taw" or WS Ammuls On This 3rd day Of t3 er , 15►64 befove me, t•.h* madersignod, a NotaCy Public, personally app*ar*d W, NOLL, )Mown to ar to be tbe, parson ewe naeeo is sub- scribed to tbs within i"trAmOuts and acknowledged to 00 that they exat mt+tld the same. m2mss my band and official anal., caw Plomp wCr + arm„ KINCIPAt Ofi10E!N L1?S AW4LE4�befNfl STATE dP CALIF MIA e so Covwr or WS AxaW A G) On This 3rd day of December r 19" before M, the undersigned, a Xotary Public, personally apgear04 R 'S W. LOLL and CHARLES H. QIEIM M known to me to be ali *f the partners of the partnership that executed the within instruments w%d attkmmind9od to are that such Partnership +eaart mted the am*, WIMP" ay band and off LOSAI seal. PWLUP CHROMI5 12 PRMCIPIML OFFICE IN LOS ANtGEtES COUt4TY MY WWIWIM 10k?t Angus; 8. I9,i! —-- ---- -5,— 1-cu�g�_C�'�.a J� L�--�1�w� . /`J•�o.�___—/'�(o.-(0 4C 47o8 - - -------- - ----------l.��►-�-- S moo�� =-- - -- ---------------------- ----- ---- ------------ 4. -- --- -- --�---------17�-.�-mac- ---8-s-o--- �-�- - ---- — -------- -- � — � �-- i o --------------- ------------------ - -- ------- -- --- ----------- — -- -- ------------------- - ----- -- -- - �?—f'�Q--�v-ia- I-"c,�r+,r�0-eo{---�►-te�_(_1 r_--�B S_2��7 ��f�----- ----- - - - -- -- - — -- -- ---Aga Q j D - ass . _ "- -- e':q �` `� — -- - � -�;Z.C's'ao-1e. _-b2- yc ----- _. I a 141 r ILJ_IL -4-0;4 —L-P --44.g -- �( - �� ..��_ sue!- �� �.. v J J', f 3 _ Via.1 _ ♦`��'_� �.r.,i__�-'�{rt�A._ �_i � ;� :.� -�! .. -J� _ -_tom.-�s�-_ wl:wil'-C. -/►LG-.f C.4,j1_i `Fes' li s 3_ t s Y -��`�t-c.;mot_ 4�-t�-Z l-t-� -s:.� G% l..--� • ��'�-_-f•--�--d ---- --- --- - r - - tOL� - - ._Cs,c�.e...- -'�- �-E-'i''.�-a,�..w-ct.-.� r.�-c-�.c-��I�e�-P-r_.� ��_.�1�.-.��-•-- � -=- -. eo'O-.6�L.:i/']�'I/�_,__. Lp 1 � I _G'Lrr ,� _s* r - - � �' - �� �i rr �•=mil" �"� -�_%'•_ ' t': •,�� ' '—�:�'�':,� I;d4l Ir . •_ - -__ -I t-. .Y--._�I✓}.L_ cr{t"ti. a-a.t:.�__ �- '�-��t - �-[�__ftiJ'LLI'— _��E�'1�-rc..c�/- -j3'��'w '-aat�.�y_ ` —_ Semler--. � e-'. f LS"✓_Q P b V o o 0 -- -- --C- -- ------ �� - - - - --�-/-emsCOD --- �T y o0 o t,-hVK- ki o - -� -C — -- — - - -- ---- - ---- — v • po I - 1 i ' i I y �b, 4zo -- '' s So 0 00 &po. I)050 00 -_--3-o o� 1 -3 5 2- v` U / 1 Od of I i of of �I l i tot! cC_b g- 14 e; E c L r7 u O o � � ,,,�� - /ooX►Zs�o.�o3 .�so9= �'437 � !,OooOJa o 00 0 ox� 23-8• �3� � �-- s !Z y-a--7,34-' VO v3 vO Of -- ---- - - -- - - (ISD°b-_1 f � Le 0- • Ja ss d f u° -- �,v v p — —° �- 6 , - � f� u is—S ve," J eA, i fo °l 0 Co o� --- m_ _S_ly C f eA- OS b00 or v --- --- --- -- -- -- ------- -------- Fee- - Isom - 7d 3 - tl - -- - 3���g-t- - - _'' 1lkz-�7 S4 3 g - - -- � so��' ► , -�.o 1'®i( �o �, ° - � / 1,4-4 K � - — � -7 16Z_,LSc- 5'ocoZ a , 17 o 00 00 V'Ju -�-- �k 10* i f. n_ I i I 2/S 0 I r r � U / DO eo ,r I r I -a y th f R ri llw AC Traot , 4305. Ilk 490 2 Woe K 37*57 1" 70000 a0b MAIM B AM 'PA and sit on 1000ID95•OO - Ushard Vhdm*-&ju ►reti+ ' Stem Dr*U C4ustruvUm ImWoM'. r 4 , OOST OF zo it to ol% r►axt bit _ l J4W O ;� trf�� � i Ow Or Aft 0 ' *Do- Covs tx SWTH MOM HOWml i 1 4 I Stmim Drg" cmatraatift ' w", 00 C? NUM ARM aP a * s Ou and �o off' Lmb at al 277085 as# 'i "ta fir. 4744 aid 4852 IAWb Ot al s E'AM FM Imo$ AM qgEt at A * wtOA011,200 per a .85 ". qo MAMWX AM sir of AM 13' •2! 99�'►i.21 per *ate Am Aar * • 133.05 ". J sit Siam s A-AMMA d . Boom Rcom .: _. w s ` +►� 55 pax + �, ._ " " Mon MIT * Sit, ' ui t Y&W drsi p chaan2 sa a aaartibwUr to t o'mat 0 T. alb abom wAsr *2. ESTIMM' tFIlTURS e.. ti OWTRTBJ?TW. WkIrm An smm VRWAS . AP' 13 COSTSX AND ACOADS AM.AND amm Ins rm SWTK Mms CMTEBUTDO ACUAGIS Tract So* 4305 63,. o-et a 4744 MIMM BY so= k. COST Of UMSIONS IKS3T BY $WTH SHMS HOW s75 sarim .0 a0 pw * o a t CREW M SMSSROM SMIR ACRUGS in 1G CMIT DOB3t oft i i r MEMO TO DATE FROM 71- 4- ¢3 a� �97 oa0 `OEt1'�UCfGM C� y� �Vfv�"G RIMMMMED111pply company STEEL DISTRIBUTORS Pipe — Valves — Fittings —Shop Supplies Rubber — Abrasives — Fastners —Pumps — Rigging 5125 Santa Fe Ave. 0 Los Angeles, 58 • LUdlow 8-1281 v - MEMO TO DATE FROM __ 00 � o e'`. ,3�- '0 Eq ROMMMED111pply company STEEL DISTRIBUTORS Pipe — Valves — Fittings —Shop Supplies Rubber — Abrasives — Fastners —Pumps — Rigging 5125 Santa Fe Ave. 9 Los Angeles, 58 9 LUdlow 8-1281 MEMO TO DATE FROM lzv ' ee, ❑0 w rni° QH/apply company STEEL, DISTRIBUTORS Pipe — Valves — Fittings —Shop Supplies Rubber — Abrasives — Fastners — Pumps — Rigging 5125 Santa Fe Ave. • Los Angeles, 58 LUdlow 8-1281 MEMO TO DATE FROM e.a- K(MRHHHn/11/)P/Y company STEEL, DISTRIBUTORS Pipe — Valves — Fittings —Shop Supplies Rubber — Abrasives — Fastners —Pumps — Rigging 5125 Santa Fe Ave. • Los Angeles, 58 • Ludlow 8-1281 ESTIMATE (Drainage Cost and Reimbursement) SOUTH SHORES HOMES 1. DO 5 Cost a. Right of way 5.71 ac. 6- $159000.00 = w85,500.00 b. Bushard crossing = 9,404.00 e. Regrading Edison R/W = 12000.00 d. Engineering = 3,000.00 e. Channel lining = 68,000.00 $1669904.00 2. DO 5 - SD 1 Cost a. Right of way 1.41 ac. b. Construction = $40 000.00 c. Engineering = 2,000.00 d. Future = 53,300.00 .e. Engineering & Contingencies (Future) = 13,325.00 $109,125.00 3. Flounder Pump Station Cost a. Station =$1059180.00 b. Engineering P.S. = 8,414.40 c. Future Storm Drain = 34020.00 d. Engineering & Contingencies (Future) = 8,580.00 e. Channel lining = 2,850.00 $'V159,344.40 , 4. Pump Station on Yorktown, etc. a. Pump Station 41409000.00 b. Storm Drain in Yorktown from Pump Station to Cannery = 48,840.00 c. Storm Drains in Yorktown & Cannery = 60,720.00 d. Engineering and Contingencies = 62,500.00 $312,060.00 5. Area Fee - Gravity Drainage (6A) a. Cost: DO 5 -SD 1 = $109,125.00 1/2 - DO 5 = 83,452.00 Total = $1929571.00 �s V" C) 6� 5. Area Fee — (cont) b. Acreage Served: Tracts 4304, 4305, 5025, 66 & 4708, Lamb School & area east of Ward between Garfield & Yorktown ��(227 ±-ac.) c., Fee: 6 $192,577.00 = $848.35 Duse $ 850.00 227 6. Area Fee: Pumped Drainage (6B) a. Cost: Flounder Pump Station, etc. _ $159,344.40 1/2 x DO 5 = 83,452.00 Total = $242,796.40 b. Acreage Served: Tracts 4852 & 4744, Area W/Brookhurst between Garfield &_ Yorktown, Area S/Yorktown (173 ± ac.) c. Fee: 242.796. _ $1,403.44 use �k 1,450.00 173 7. Area Fee — Pumped'Drainage (6C) t F a. Cost: _ Pump Station, etc. _ $312,060.00 b. Acreage served: Tract 4743, Area bounded by Garfield, . Cannery, Yorktown, & Newland, and Tract 4805 (253 ± ac.) c: Fee: $312,060.00 = $19233.43 use $1;300.00 •253 THIS AMMNT dated this 144,,...day of 1965 by and . CITY OF RMIMTOW nrIACR a mmicipal c orporeatim hereinafter for conveeniom* referred to as twat SOUTR SWRNS BOXES a partnership hereinafter fair convenience referred to as, l M l R MW % AREAS, City and Developer have concurrently herewith entered into reimbursetwnt agreements as to Drainage Area ",t being Rei�abu�`seemez�t Agreti�t Number 122 eA►n+t� ]bra zatage. Areea 68, being n+ Reimbursement sement Agreement bimber 121, and# WWRIAS pursuant to said R;omibursm.A..ut Agreae nt s certain Monies are now _payable to Developer by the City, and, AREAS, Developer owes, as of this dater, drainage fees for Tract 4743 I tho unt of $4,8 a R68 30 and is ale* obligated to construct at its cost a pedestrian an bridge across the 02 Channel. from Tract, 4743, such bridge to be oonstra ted no later tMn two years frm this dater, and, WMRW8 Developer is required to deliver to City an eeeaoemeant for the DOSS-SDl f'rm the DOS Channel to Bitookharst Street. and, S REAS, funds for imisd>=sement to Deveel,opeer %a»der Reimbursement Agre"nt No. 121 for Drainage Area 68, when collected, will exceed the amount owing by Doveel+aper, to wit 12(o $48,868.30 for drainage fees for `tract 4743, and, WMMULSt the aforesaid Reimbursement Agreements provide for funds to the City for installation of a future pipeline across the easement D05-SD1 from the 5 Channel to Broakhurst Street and a future pipeline southerly from the Flounder Drive Pump Station to York- town Avenue. SM, ;1' IiSFO , in consideration of the promises and the agreements herein contained, the parties agree as follows s 1. Developer does hereby irrevocably assign to City the first reimbursement funds hereafter received by they City payable to Developer under Reimbursement Agreement Number 121 as to Drainage Area roB up to the mount of $48,868A30 in payment of and to be applied to drainage fees awing by Developer for Tract 4743. 2. In view of the provision by the City for costs of underground pipli n e across the easement DOS-,SDI from the 5 Channel to Srookhurst street and the underground ,pipeline southerly from the Flounder Drive Pump Station to Yorktown Avenue no value has been given to Developer in the aforesaid Reimbursement Agreements for said easements or rights of way, and the City agrees to install such underground pipelines at such time as the City has received drainage fees, in excess of the said drainage fees for 'bract 4743 raving by Developer, as provided in Reimbursement Agreements Numbers 121 and 122, sufficient to pays for installation of such pipelines. -2- 3. Developer shall either a3 deposit with the City a band in the amount Of $15 000,00 payable on. deaeaand within two years from this date o which said scum shall be used by the City for construction of a pedestrian* bridge across the D2 Channel from Tract 4743, said bridge to be constructed pursuant to specifications ho etoforo established therefor by the City, i any excess thereof reasai.ning over they cost thereof to be paid i to Developer,, or b) shall deposit with the City a ;fine agree** meent, satisfactory to the city by a reputable contractor agree- ing to construct said pedestrian bridge upon demand therefor by the City at any time within two years from this date, con- struction struction thereof to come ece no later than 60 days after date of such demand and to continue diligently until completion,, or I i c3 Developer shall within 30 Mays from this date comeraence andi diligently continue until completion the construction of said pedestrian bridge and pending completion of such construction ' the Catty may withhold from funds payable pursuant to paragraph i 4 hereof,, the sum of 4lS o 000.,0p, which said sum shall be ,paid by the City an provided in paragraph 4 hereof upon completion of said pedestrian bridge• i 4. Upon execution of Reimbursement Agreement* XwWk ear$ 1 121 and 122 and this agreement by Developer City and the � I delivery to the City of the eeaeusom ent for the pipeline DOS- sul i from the DOS Channel to Brookhurst Street and provision for construction Of the pedestrian bridge across the D2 Channel from Tract 4743 the City will pay out of reimbursement funds now available pursuit to said Reimbursement Agreements the it total sum of $51,469«75, *aid payment to be mad* .to Joseph W. Aieili..n Trustee pursuant to irrevocable assignment of and order to pay to said Joseph W. Aidlin as Trustee all Claim$ of ;I !I r Developer for reisbursemont frc as the City, duplicate original of which assignment has heretofore been filed with the City together with notification of said assignment and order to pay. IN WITNESS WHEREOF, the parties have executed this agreement as of the date above written. CITY OF WMINGTON PM H A municipal corporation By Mayor Attest : City Clerk APP AS To RX -le As pit. CityAttorney ,j Y C f SOUTH SHORES HOMES By Partner -4- ,J STATE OF C;ALVORNI,A } Ss COUNTY Or CRANE � On thin , „ day of 1965, before me a Notary Public in and for said County and State, personally appeared , known to me to be the mayor and known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the ssa". Notary Public STATE OF CALIFORNIA } SS COUNTY OF ORANGE } On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be of the partners of the partnership that executed they within inssr trument, and acknowledged to me that such partnership executed the same. . WITNESS my hand and official seal,