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HomeMy WebLinkAboutU.S. Post Office Department - Reimbursement Agreement 70-S2 (2) TOPIC FILE NO. LEGISLATIVE HISTORY RECORD �G�� b��UYSrl�eroti�> �.. DETAIL v ok DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 3 FILE NO. TOPIC TOPIC FILE NO. LEGISLATIVE HISTORY RECORD RZ D E T A I L DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE FILE NO, TOPIC i �-'�..,..^-�^ .-..�.�y,�,...��-.ems-�..- �-�-s..�.�..�..r�• L RESOLUTION NO. 2� 99 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the fiscal year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of. Five Thousand One Hundred Fifty and 34/100 dollars ($5, 150.34) is hereby authorized to be made from the Sewer Fund. Fund payable to United States Post Office Department for work performed per Reimbursement Agreement No. 70-S2. PASSED AND ADOPTED this 15th day of March , 1971. Mayor Pro Temp e AT'CEST: City CTer t, 10 . = ~ O __U)0�y .1V q 0 5 . o °l°. _; _ _ _ 12Z► , q9 l 1 WA VqT Iy vt - . - -.Cave►�e�f�a►n ---fee �. — - �- �®, t�1_��� _ = . _�2.7� �-o + re� 10�q I 70 - o 10 q97 eb to II - - - GO I . I referred to as "Builder". WHEREAS, Builder, ursuant to agreement with City , at his own cost and expense, constructed j hereinafter referred to as facilities, 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 a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost of $ � a �s a �jg�.'4 aA O and appurtenances to serve and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said' facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $ L „� t y f e , ' ,, .�►. ,._ ff Net Refundable $ � 19"? 7 On 12 ,78 POST OFFICE DEPARTMENT SAN FRANCISCO REGIONAL OFFICE 631 HOWARD STREET SAN FRANCISCO, CALIFORNIA 94106 March 25, 1971 In reply refer to: 242:JJM:ms Mr. Eric I. Lovejoy Division Engineer City of Huntington Beach P. O. Box 190 Huntington Beach, California 92648 Dear Mr. Lovejoy: Thank you for your letter of March 22, 1971, with which you forwarded a check from the City of Huntington Beach in the amount of $5,150.34. This represents sewer fees collected for connection to the sewer main the Post Office Department con- structed. The balance remaining due the Post Office Department is $5847.52. Sincerely, J. J. McMAHON �f Acting Chief, Real Estate Branch Facilities Division 4/�4/ 7'�'�/� - - - -- ---/�r�6�izl�- Grp S�iw�. T GG _ al�� _ ✓ G�6��� er - A4 7?i POST OFFICE DEPARTMENT SAN FRANCISCO REGIONAL OFFICE 631 HOWARD STREET SAN FRANCISCO, CALIFORNIA 94106 December 10, 1970 In reply refer to: 242:WLR:ms Mr. Richard A. Harlow Assistant Planning Director City of Huntington Beach P. 0. -Box 190 Huntington Beach, California 92648 Dear Mr. Harlow: This will acknowledge your letter of December 1, 1970 to Richard J. Winter at Los Angeles, concerning the post office building on Warner Avenue in Huntington Beach. Prior to the time the waiver was granted concerning the wall along the west property line of the postal property, it had appeared the wall in question would be very expensive because of the difference in elevations of the post office site and that adjoining it on the west. We had also assumed that once the property to. the west was developed for either commercial or residential use, it would have to be filled and brought up to a level acceptable to the City and the Flood Control District. This would tend to reduce the cost of the wall. Can you advise whether or not filling of the property to the west has been accomplished, or is contemplated in the near future? The General Counsel for the Post Office Department in considering the question of responsibility for this wall has ruled that it is not the responsibility of the Post Office Department, but that of Pete King Corporation, owner of the building, or Ray Beem, sub- divider of the land. We, too, will bring it to the attention of .the Pete King organization, with whom we have our basic contract. .Very truly yours, W. L. ROBINSON Chief, Real Estate Branch Facilities Division cc Pete King Corporation (, i J / PETE KING CORPORATION K P.O. BOX 9158 - PHOENIX, ARIZONA 85020 - 10645 NORTH 21st AVENUE - 944-4441 October 16, 1967 Board of Zoning Adjustments Q(/G City of Huntington Beach 1 '9 1969 Huntington Beach, California L.�.; U �z_, Re: Huntington Beach Proposed Postal Facility on Warner Avenue West of Golden West.Street Gentlemen: Attached is our application for-CONDITIONAL EXCEPTION (VARIANCE) for subject property. There are several items of importance which should be brought to light in your review of this application. The post office property is zoned C-2.. The adjacent property to the West is zoned R-A which allows both Residential and Agricultural use. The property to the West is currently being used for_Agricultural purposes. In addition, this R-A property is considerably lower than the Post Office site (4' to 61), .Warner.Avenue (3' to 5'), the top of the Flood Control Channel on the North (5' to 91), -the street abutting the property at its West property line (3'"to 51). .Constructing a wall separating the post office site from the adjacent R-A property, with the R-A property remain- ing at its present elevation, would necessitate that the separation wall also serve as a structural retaining wall due to the extreme difference of elevation of the two sites. The retaining wall would have to be designed with a concrete piling foundation in order for it to meet the structural requirements imposed by the difference in site elevation. We have designed and estimated this wall. The resultant construction costs for approximately 500 lineal feet of wall is in excess of $29, 000.00. This is certainly a very prohibitive price for a wall whose function is area separation. If the adjoining R-A property is to be developed, land fill would be re- quired to raise this.property sufficiently to meet the normal water shed requirements. Raising this site would allow any required separation wall to be built on standard spread footings. The construction of the Post Office and the proposed plan for a shopping center on the property adjacent to the Post Office,. East, certainly allows consideration that the R-A property adjoining the Post Office Property on the-West possibly being rezoned for commercial use. In view of the above, we herewith request that a variance be granted allowing us to proceed with the occupancy of the commercial Post Office site waiving the requirement for the area separation wall. We will agree that if at some future date the R-A property is developed for residentia:_1 i - 2 - use, we will at that time (prior to occupancy of the site) construct the area separation wall if necessary to meet zoning requirements providing, the requirements at that time do not exceed the zoning requirements for the wall as set forth in the City Ordinances as of this date, and further, if the development of the property adjoining the Post Office on the West is developed for commercial use, this waiver will become permanent ; thereby absolving us of any responsibility to place an area separation wall. Thank you for your cooperation. Please do not hesitate to call on me if additional information should be required or if I can be-of further assistance. Very truly yours, PE TE G CORP RATIO Gerald F. Comer GFC:ek Att. N ✓'1 V T City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT March 8, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Reimbursement Agreement No. 70-S2 Construction of Off-site Sewer Main in Warner West of Goldenwest Gentlemen: The United States Post Office Department constructed the subject sewer main. Fees in the amount of $5,150.34 have been collected from developers who have connected to this line and said .sum is refundable to the developer per the conditions of the agreement. The balance remdning on this agreement will be $5,847.42. Enclosed is a resolution requesting that the sum be reimbursed, the check be made payable to United States Post Office Department and the check be returned to this for transmittal. Very truly yours, James R. Wheeler Director of Public Works JRW:TM•ae Encl. cc: Finance Dept. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the fiscal year 1970-71 by Ordinance No. 1585, and WHEREAS, Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Five Thousand One Hundred Fifty and 34/100 dollars ($5,150.34) is hereby authorized to be made from the Sewer Fund. Fund payable to United States Post Office Department for work performed per Reimbursement Agreement No. 70-52. PASSED AND ADOPTED this day of , 1971. Mayor ATTEST: City Clerk City o Huntington Hunti ton -Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 11, 1971 Post Office Department San Francisco Regional Office 631 Howard Street San Francisco, California 94106 Attention: W. L. Robinson Chief, Real Estate Branch Dear Mr. Robinson: Reference is made to your letter of December 28, 1970. • You are correct in your observation that a portion of the easterly property has developed. However, fees have not been collected to date but prior to further development the sewer fees will be required. Very truly yours, James R. Wheeler Director of Public Works H. E. Hartge City Engineer JRW:HEH:mp I December 1 , 1970 Richard J . Winter" Nat ' l Real ;:state Of f ice U .S . Post Office i)epartiaent P.O. box Jul Los Angeles , California 9005)3 R.L : Post Office Facility , 6771 warner Avenue , ,luntington Beach. near `.Ir. i`inter: On October S , 1970 , we sent a letter to the Pete King CorE� . o . iiioenix , Arizona, requesting that they install a block vrall fence aloa, the west property line of tile most office "facility at 6771 r;arner Avenue in ;luntingtoil iseach . A . Copy of t.,Ie letter was sent to you for your inforiiiation. L:onstruction of this' wall is required by ordinance , however , r a te:,ii-lorary -waiver was granted on the conditio:i that the �ali toulu be constracteu when t:ie adjacent property level- o e i. iAis conditio,; was agreea to by tile Pete King Corporation. as ae ilave not received an answer to our letter , we feel that tiie matter should be brought to your attention. ,Xny assistance you can _ive us on this ;:►atLer is appreciated. If you iiave any questions regaruin,; ,this , please contact me at 714 -S36-3271 . Very truly yours , ichar.a A. i1r10W Assistant P ilnnin;; Director 7d - i Encl . 1 POST OFFICE DEPARTMENT SAN FRANCISCO REGIONAL OFFICE 631 HOWARD STREET SAN FRANCISCO, CALIFORNIA 94106 December 10, 1970 In reply refer to: 242:WLR:ms Mr. Richard A. Harlow Assistant Planning Director _ City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Dear Mr. Harlow: This will acknowledgeNyour letter of December 1, 1970 to Richard J. Winter at Los Angeles, concerning the post office building on Warner 'Avenue in Huntington Beach. Prior to the time the waiver was granted concerning the wall along the west property line of the postal property, it had appeared the wall in question would be very expensive because of the difference in elevations of the post office site and that adjoining it on the west. We had also assumed -that once the property to the west was developed for either commercial or residential use, it would have to be filled and brought up to .a level acceptable to the City and the Flood Control District. This would tend to reduce the cost of the wall. Can you advise whether or not filling of the property to the west has been accomplished, or is contemplated in the near future? The General Counsel for the Post Office Department in considering the question of responsibility .for this wall has ruled that it is not the responsibility of the Post Office Department, but that of Pete .King Corporation, owner of the building, or Ray Beem, sub- divider of the land. We; too, will bring it to the attention of the Pete King organization, with whom we have- our basic contract. Very truly yours, W. L. ROBINSON Chief, Real Estate Branch Facilities Division cc Pete King Corporation ')ctol ror 5 , 3970 "ete Yin- Corporation :Pox 9158 PI-Oeni.-i Zona Attn : r. P. Comer !'e , Post Office Facility , 6771 `Varner Aveniye , fluntInt-ton "each . :--n -`ctol.•cr 16 , 1967 , your company requestee n tem"nrary waiver Of t!le requirement that a block wall 'Pe constructed on the west property line of the post office facility at 6771 earner Avenue . ",intin.pton Penc}t , California . Tr that riqt,eqt you ao.rreecl fl-Int , ic at some future Gate the adjacent property was developed "or residential use , you would construct the wail to meet zoninc, requirenents if suet: requirements do rot exceed those In . effect n the ficilltv was-built . Tl!e reatiest was approved by the ':oars'_ of Zoning Adjustmerts at tl-,eir !:ovenber 1 , 1967 , meeting . An nprIlcatior Is presently 1.,efort- the Iii-intinfton Ileacl, Planning onvtlission to rezone the adjacent property T13 and to develop a re-qtclential sul-division to ti-e 1'3 stnnrlar(ls . Per your agreement , J�! constTuctior. of the separatio n "al] is requirec: because the uses are not connatIlAe . I . asinuct as the variance was 'fyranted or your avreeinp to construct the wall wi-en requested . I trust that ti%e wall ,-'11 be constructed in the very near fti'ture,. I. Ir vou leave any questions , plense contact this office . I - Very truly yours, °:,irlow, Assistant Planning Ilirector cc : Jol;r Srialk 'Y P.O. Box 1430 , Huntington Beach , Calif. cc* Pete 'sing, Corp. ,, P .O. Box 1112'' Vallejo, Calif. cc : Pichard J. Winter , Nat ' l real Istate Office , TT.S . Post (IIfice Dept . , 11.0. Box 59.1 , Los Anye,les , Calif. . 90053 City of Huntington Beach { « . P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 27, 1970 Mr. Walter Robinson, Chief Real Estate Branch - Facilities Division San Francisco Regional Office United States Post Office Department 631 Howard Street San Francisco, California 94106 Subject: Breakdown of Reimbursable Cost Warner Avenue Sewer Dear Mr. Robinson: Reimbursable cost of this construction is per previous letters to you dated September 13, 1967 and were as follows: Contract - offsite sewer (approximately 860' and five (5) manholes) $10,257.00 Engineering (5% is standard allowance) 512.85 Permit 200.00 Ground Water Control 1,000.00 Compaction Tests - 250:00 Total $12,219.85 Reimbursement at .901 $10,997.86 Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW: ET,L:'f' :a e City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 26, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Approval of Reimbursement Agreement 70-S2, U.S. Post Office Sewer Cons- truction - Warner w/o Golden West Gentlemen: Construction of the Postal Facilities on Warner Avenue west of Golden West entailed building an offsite sewer main which will serve the intervening properties. The cost has been established as $12.78/front foot and this agreement provides for this reimburse- ment. It is recommended that this agreement be approved, and that the Mayor and City Clerk be authorized to execute it. Very truly yours, James R. Wheeler Director of Public Works JRW:TM:mp POST OFFICE DEPARTMENT SAN FRANCISCO REGIONAL OFFICE X 631 HOWARD STREET ' SAN FRANCISCO, CALIFORNIA 94106 October 19, 1970 In reply refer to: 242:WLR:ms Mr. Eric I. Lovejoy Division Engineer City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Dear Mr. Lovejoy: In accordance with your request, we return the original and one copy, executed, of the reimbursement agreement for offsite sewer main incident to construction of the post office building at Huntington Beach, California. The agreement is in accordance with the understanding we had while the building was under con- struction and when the sewer was installed in the street. It is our understanding that approximately one-half of the adjoining property has been developed and probably has already connected to the sewer main. It would be -our expection, there- fore, that approximately half of the refundable amount would be available to us in the near future. The remainder, of course, would await development of the property still to be improved. With return of an executed copy of the document, we would like to have a breakdown of the $12,219.85 which forms the basis of the agreement. Very truly yours, W. L. ROBINSON Chief, Real Estate Branch Facilities Division Enclosures 1 September 4, 1970 Richard J. Winter National Real Estate Officer United States Post Office Dept. P.O. Box 591 Los Angeles, Calif. 90053 Subject: Warner Sewer Main Reimbursement Agreement 70-53 Dear Richard: Enclosed are 3 copies of sewer remimbursement agreement to* DPost Office Department for Warner Avenue offsite sewer main. Please have the original and one copy signed by the authorized pepple and return them for execution by the City of.# Huntington Beach. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW:EIL:TM:fa Enc. r POST OFFICE DEPARTMENT Hail regy to: SAN FRANCISCO REGIONAL OFFICE p. 0. BQ 591 631 HOWARD STREET Los Angeles Ca. 90053 SAN FRANCISCO, CALIFORNIA 94106 � August 25; 1970 Re: Huntington Beach, Calif. Main Office Mr. James R. Wheeler Director of Public Works City of Huntington Beach engineering Department Post Office Box 190 HuntingtonBeach, California 92648 Dear M. Wheeler: Reference is made to our letter of May 27, 1970, indicating that we believe the Post Office Department is entitled to re- imbursement of the costs of installation of the sewer line outside the post office site, and requesting that a standard reimbursement agreement be forwarded to this office at your earliest possible convenience. Will you please let us know what action, if any, has been taken. Your immediate attention to this request would be greatly appreciated. Ver truly yours, Richard J. Winter National Real Estate Officer Post Office Box 591 Los Angeles, California 90053 RJW:bg Room 1354, 312 No. Spring St., Los Angeles., Calif. Tel: Area Code 213 688-2150 r f REIMBURSEMENT AGREEMENT FOR OFFSITE SEWER MAIN THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and Post Office Department, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed offsite sewer main, hereinafter referred to as facilities, 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 a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows:, Builder has constructed, at a total cost of $12,219.85 a sewer main and appurtenances to serve the Postal Facility and adjacent properties. (See Exhibit. �A" attached hereto and made a part hereof for a. map of the area served) "and has dedicated said facilities to City. The refund to be paid to.Builder under this agreement is as follows: Total job cost of facilities $12,219.85 Times 90% per Chapter 35, Huntington Beach Code Net Refundable $10,997.86 Connection Fee of adjacent properties to be on a front foot basis, offsite distance of 860.34 feet = •12.78/foot. 70-52 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 Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment .of refund by reason of its failure to collect or receive- from any person or entity the connection fee. . However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities, who have previously constructed 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 develops property served by the facility constructed by Builder is required as a condition-of . development to construct additional facilities,. City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction City further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein.. In:. the event City does not require a developer to deposit the connection fee with be City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; said agreement will further provide that in the event that. it becomes necessary to institute legal .proceedings, either by. the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- i ti It is understood that the City is not required to institute legal proceedings to protect the interest of the Builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this7day of'�'!/%���!/�1y�� , 1.9 CITY OF HUNTINGTON BEACH a municipal corporation Mayor ATTEST! ' BUILDER /'°6� . APPROVED AS TO FORM i by_ G�� -3- � \ 1 � �ry ?Y $� Rt-9•dl EXiqlglT l 148 ! I . Cill 2 25 ,OCfca oc,-co` �9 Q v p 10S� 1%; AC �� S.08 AEG. �I V 1M' i6A� A 6�c�'�VE 'J4 i e 5-05 165-08 t f ASSCSSOR� Cyr couivr . S V May 1, 1972 Mr. W. L. Robinson, Chief Real Estate Branch Facilities Division 631 Howard' Street San Francisco, California 94106 Re : Your File 242:WLR:ms Dear Mr. Robinson: Please advise what response you have drawn from the Pete King Corporation with regard to the wall at the 0 post office on Warner Avenue in Huntington Beach, as set forth in your letter to Richard Harlow of the City 60 of Huntington Beach dated December 10, 1970. Very truly yours , D DON P. BONFA City Attorney By WILLIS MEVIS Deputy City Attorney WM:lm cc: Mr. Jim Palin Planning Department City of Huntington Beach CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590 i April 20, 1972 I City of Huntington Beach Planning Department P.O. Box 190 Huntington Beach, California 92648 Attention: Jim Palin RE: Huntington Township Warner Avenue Gentlemen: We are rapidly approaching the completion of the referenced project, and would like a final determination by the City as to the responsibility for the construction of the property line fence between our property and the Post Office. On November 1, 1967, the Pete King Corporation was granted a temporary waiver from the City allowing them to defer construction of their wall until the R-3 property west of the Post Office was developed. Now that we are developing the subject property, we believe that Pete King Corporation has the prime responsibility to complete the construction of the wall. 1 In the event the latter defaults on their obligation, we are prepared to complete the construction of the wall in order to receive final acceptance of our project from the City. However, we are enlisting the aide of your department to require one of the parties connected with the Post Office property to honor their commitment. Your cooperation in this matter is greatly appreciated. Very truly yours, WM. LYON DEVELOPMENT 0., INC. Leonard F. Goodman Area Manager LFG:pc An American-Standard Company March 22, 1971 A Post Office Department i San Francisco Regional Office 631 Howard Street San Francisco, California 94106 Attentions W. L. Robinson, Chief Atal Estate branch Gentlemen: Transmitted herewith is a check for $59150.34 %bleb Nspresents the suer fees collected for connection to the sewer main you constructed. The balance remaining on this agreamsnt is now Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engiaser JAWtEILi Mtae Trans. RESOLUTION I0N 40. +2,.�j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FU11D. WHEREAS, the City Council of the city of Huntiogton Beach his adopted a budget for the .fiscal yerfr 1970-71 by Ordirance No. 15t,5, and WHEREAS, Section 5 of said Ordiz ance No. 15,55 pr.ovide4 the pro,.edure for authorizing 4xpend.itures from the several Specia . Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrat-or have recorrr,ended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT. THEREFORE RESOLVED that an expenditure in t:ie amount of Five Thousand One Hundred .f:fty and 34/100 dollars ($5, I50,34) is hereby authorized to 'ae made from the Se;aer 'Fund. Fund payable to United States Post Offir.e Department for w1rk perfomned per Reimbursement Agreement No. 70-S2. PASSED ADD ADOPTED this 2.1-�t!-, day of, Ma.r,'h 1971'. liayor "4'eTq. " A T.1-E> `.1 t y * 1` " �Y o s �® City ®f Huntington Beach S •. jam. P.O. BOX 190 CALIFORNIA 92648 y ENGINEERING DEPARTMENT . March 8, 1971 3a� � rv " __-----_._ � -_T �-Y-..✓1.+. '- ." .. "_�-mil l�t - Honorable Mayor -- - - and' City Council City of Huntington Beach ___ Attention: Doyle Miller -"``- City Administrator Subject: Reimbursement Agreement No. 70-S2 Construction of Off-site Sewer Main in Warner West of Goldenwest. Gentlemen: The United States Post Office Department constructed the subject sewer main. Fees in the amount of $5,150.34 have . been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. The balance remaning on this agreement will nod be- $5,847.42. Enclosed is a resolution requesting that the sum be reimbursed, the check be made payable to United States Post Office Department and the check be returned to this for transmittal. Very truly yours, f. James R. Wheeler Director of Public Works JRW:TM:ae Encl. cc: Finance Dept. Dec ri.-ber 21 , 1970 Mr. T'?alter F.obinson; C:.ief ' le;�:1- Estate Eran.ch - FEcilities B. San Francisco Reo Iona l Office Unlite:' zStetes F os t Office DrPr How, rCi Street Svn Fr nci-- co, Coli forr..-p Rolbli i&on We .,re enc'_osi.nt; c.o,-, f Y Tour. fi!..es , c�: b��xsi �..._r�t ' grr- .md b t.-e _n _ iL City r.,�d t,�._ United. tZ::_s Y o-c! t C _ c n • tr_ . cL o« o.:. on er.j-sa_te e v.-,r L'tc i t?. ? 1� ;c?" �.T ,i i c' , 41, rlh it o.`._i b r e i? Cj 1.1 l Also :-,ncl s � , is. letter from Mr . Eric I. Lovejoy, City Enginoer, -'t,- H .)g of the ri-imburEeble Cost Of t ;e O :.Ct . S in Y re ly yours , Pouf. C . Jones , City Clerk PCJ :cb erc . October 27l 1970 Ms. Walter Robinson, Chief Real 2state Branch - Facilities Division San Francisco Regional Office United States Post Office Department 631 Noward Street San Francisco, California 90106 Subjects Breakdown of Reimbursable Coat Warner Avows Sower Dear Mr. Robinson& D Reimbursable cost of this construction is per pteviats letters to you dated September 139 1967 and were as fellows Contract - offsito wooer (approximately 360& sad five (3) manholes) ;100237.00 RuOinserinR (5% is standard allowooce) 312.05 permit 200.00 Ground Water Control 19000.00 Compaction Tests 0.21 `dotal $120319,83 Reimbursement at 90% ;10.9l7.i6 Very truly fours, James R. Wheeler Director of Public rks Eric I. Lovejoy Division Engineer JRW: MsTMsse < .� City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 279 1970 Mr. Walter Robinson, Chief ' Real Estate Branch- Facilities Division San Francisco Regional Office United States Post Office Department 631 Howard Street San Francisco, California 94106 Subject Breakdown of Reimbursable Cost Warner Avenue Sewer Dear Mr. Robinson: Reimbursable cost of this construction is per previous letters to you dated September 13, 1967 and were as follows: Contract offsite sewer (approximately 860' and five (5) manholes) $10,257.00 Engineering (5% is standard allowance) 512.85 Permit 200.00 Ground Water Control 1,000.00 Compaction Tests 250.00 Total' $12,219.85 Reimbursement at 90% $10,997.86 Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW: EIL:TM:ae City ®f Huntington Beach fl ' x P.O. BOX 990 CALIFORNIA 92648 F - ENGINEERING DEPARTMENT October 26, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Approval of Reimbursement Agreement 70-S2, U.S. Post Office Sewer-Cons- truction - Warner w/o Golden West Gentlemen: Construction of the Postal Facilities on Warner Avenue west of Golden West entailed building an offsite sewer main which will serve the intervening properties. The cost has been established as $12.78/front foot. and this agreement provides for this reimburse- ment. It is recommended that this agreement be approved, and that the Mayor and City Clerk be authorized to execute it. Very. truly yours, James R. Wheeler Director of Public Works JRW:TMtmp a. REIMBURSEMENT AGREEMENT FOR OFFSITE SEWER MAIN THIS AGREEMENT. entered into by and .between� the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and Post Office Department, hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement wi�h City has, at his own cost and expense, constructed offsite sewer main, hereinafter referred to as facilities, 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 desiresto reimburse Builder for a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost ok $12,219.85 a sewer main and appurtenances to serve the Postal Facility and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. i The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $12,219.85 Times 90% per Chapter 35, Huntington Beach Code Net Refundable 10 99.7 6 I Connection Fee of adjacent properties to be on a front foot basis, offsite distance of 860.34 feet = 12.7000t. ' 70-S2 I No refund shall be made by City to Builder until the Director of Public Works shall certify in writing, to the Finances Director that Builder is entitled to a refund by reason of connection having been made to facilities in accordance with the Huntington Beach Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the connection fee. However, City agrees from -an administrative, legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities, who have previously constructed 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 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 1 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 i ! to furnish a copy of• this agreement to the developer of any properties served I by the facilities described herein. In the event City does not require a developer to deposit the connection fee with be City prior to or 'concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only i to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities const I ructed hereunder to deposit said fee with-City; said agreement will further provide that in the event i that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing .party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- It is understood that the City is not required to institute legal i proceedings to protect the interest of the Builder., but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of , 1.9 �v CITY OF HUNTINGTON BEACH a municipal corporation Mayor ATTEST: � � J Ci ty rk EUILDER r i i I I APPROVED AS TO FORM f yny b}, ! -3- REIMBURSEMENT AGREEMENT FOR THIS AGREEMENT entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter for convenience referred to as "City", and ��1�r 1 6ZI-v ,���,,� ,��„ , hereinafter for convenience referred to as "Builder". WHEREAS, Builder, pursuant to agreement with City has, at his own cost and expense, constructed /y ,'j; s��vtr �l�iss , hereinafter referred to as facilities, 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 a portion of the cost of the construction of said facilities as provided by the ordinance code, NOW, THEREFORE, in consideration of the premises and agreements herein contained, the parties hereto agree as follows: Builder has constructed, at a total cost .of $__��� ��f�`� a and appurtenances to serve and adjacent properties. (See Exhibit "A" attached hereto and made a part hereof for a map of the area served) and has dedicated said facilities to City. The refund to be paid to Builder under this agreement is as follows: Total job cost of facilities $ Ltp6K LP'e f ely f re 't@�y w pier f l Net Refundable $ �� 19 7 A Q �aG'G^•�� �Iv�v�GS `� �J� Bi2 not 2,Axo.g 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 Ordinance Code, and that City has received the fee for such connection. City shall not be liable for payment of refund by reason of its failure to collect or receive from any person or entity the connection fee. However, City agrees from an administrative, legislative or quasi judicial procedure to protect the interest of developers, either individuals or entities, who have previously constructed 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 develops property served by the facility constructed by Builder is required as a condition of development to construct additional facilities, City may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due Builder by reason of such construction City_further agrees to furnish a copy of this agreement to the developer of any properties served by the facilities described herein. In the event City does not require a developer to deposit the connection fee with the City prior to or concurrent with development, City will provide an agreement with said developer that said developer is obligated, not only to the City, but to Builder, and to developers who have previously contributed to the cost of construction of facilities constructed hereunder to deposit said fee with City; said agreement will further provide that in the event that it becomes necessary to institute legal proceedings, either by the City or by Builder or developers, who have previously contributed to the cost of such facilities, to enforce the rights of the parties thereunder, that the prevailing party shall be entitled to reasonable attorney fees; provided, however, that the City shall not be required to pay the attorney fees for any of the parties. -2- It is understood that the City is not required to institute legal proceedings to protect the interest of the Builder, but may do so. WITNESS OUR HANDS AND SEALS the day, month and year appearing below. DATED this day of 19 CITY OF HUNTINGTON BEACH, a municipal corporation Mayor ATTEST: City Clerk BUILDER APPROVED AS TO FORM by -3- r • j 14 i l,8_l__T 2 48 i 1 of Ac. a as AC.. ! 25 12 zprAaO L o.c.fc a o.c fc A ® I PM.. ?- -low S-T I \23 Zr. N sa AC. e.$S AG •o �f IL i PAR s �3 0 /f " .._ r�rr •� - AvE E_____._A dab dab 04 165-05 Ifis-08 NOy'r - A3. 3 '� �t,OiCK ASSESSOR' a Lor m1mom, SOOK146 $Avo 4V /JV Maw CoVKr 146- 17 !'ER SEC.11-9- J 32 48 �' �- - 3f �► 7 41 AC.. S.02 AC. 25 Cl-12 h '4c. o.c. 2.97AC.® a o.C.fc.o Fc.D. 34.0.dl: SOIOEi. �' tw � t L�`V/•• V y � o 20 , �w/ror r a AVE) 74 ENU 165-04 165- 165-O8 WE �- A $�� ASSESSOR'S MAP � LOt�. /lrE' i S 804K 1 46 PAGE 7 ��1 fNoftw— f °;f"AN&ES GOUNTY Of ORANGE W D�,D, It RIC TER NATIONAL OFFICER mm�es UNITED STA PCs - FICE DEPT. Sp@ � i 1213) 688-2150 P. O. BOX 591 - LOS ANGELES, CA 90CS3 1 September 139 1969 Walter Robinson, Chief Real. lwrtate Brumb 1beinteerl.nS and Pacluties Division �• United states Post Office, Department San trawlsoo Regiowd Office 631 Nowaard Street lien Francisco. Colitbraia 94106 Bt(eats Plat Officer fiauuAty 6714ki Warner Dear Mr. Robinseut We bave reviewed the oast saboitted IW Mr. G* !. Comer for this euustraction of the offAte sower in Wamer Avenue to seve the subject facilitye Barnett and fit, as subcontractors, and their Di.4 of 10_ 00 are acceptable to the, City* ►ors amme of tbA irei"aing c indicated by Mr* Cater or* not acceptable as s yr oo reiabasrbable cost• and•sale of the most InMeatei appear Listed below are the items aooeptable for reiabairseseeet. The amount indicated for pessdta will be snbdoot to obsup upon comle- i� tion of the job, bast all other its will be fixed. ! Contract 12012".00 plu 3 59 for Bngineeri ng 512.8.5 {t Permit 9 2l00*OO Or and Water Central I M&M Total Coat of Retaebursabl0 Items - 969wW 41 be, I� � �4 The City ordinance allots the City to ester into a reisbursnrmat t for 9C% of the above stated total or 910- - ' Attached is a srplo copy of a relabarasaerat agreement. 0n Page 2 the not refuteabler amount %du be $109 .87 (or as codified d depending an the final excavation pert cost r.2 Upon completion of the facility according to City requirements and approved planar, we will proceed with the preparation of the rels- bursesent agreement to accordance with this letter. Very tndy soars, JRYt tee Janes 2. Wheeler Director of Public, Works cc: 0. F. Comers Pete Zing Corp. September 1 a 1967 Walter Robinsm chief RBI Estate Branch Na ring and Faci l i thew B%visi is United States PDat Cffiets Departmat Sm Franc-aco Regional Office 631Roward street `. San Frawiscof California 941006 ✓ *att Peat Office Facility 6771•81 Warner Dear Der® Rotinsaw lid Reference in made to a letter to you dated September 13,. 1967 regarding reimbursable cost of the offelte a&~ main necessary to serve they subject faaeillty. Pleaso be advised that cost for compLow tion test of backcfill will also be allweed ass reimbursable its Howover, (a) the City must approve, the test lab (we understoad Advanced Foundation Fagineering is dainS the Qnsite work and they are an aceeptaatblo sails engineering firs)t (1b) only coact for passing test will be allowed; (a) sinao the engineer %dill probably need additional test for his certitioation should failures occur, we will have to negotiate the t to be allowode It is wcpected that the cost should be in the vicinity of S *00,, Very trulyyo e, James R. Wheeler Director of Public Works J1WtJMne act G® F. Comer, Pete King Ccr I' ppppppw- fitPETE KING CORPORATION P.O. BOX 9158 PHOENIX, ARIZONA 85020 - 10645 NORTH 21st AVENUE - 944-4441 August 28, 1967 j Mr. James R. Wheeler Director of Plublic Works City of Huntington Beach Huntington Beach City Hall Huntington Beach, California i j: Subject: Sanitary Sewer Connection For Huntington Beach Postal Facility 1 Dear Mr. Wheeler. In responce to your requesting the Post Office. Department to submit sub-contractor auotati'ons covering the construction of a Sanitary Sewer in the Street Right-Of-Way fronting on the property along the north side of Warner Avenue from the Easterly Property line of the Post Office site F East to the existing, Sanitary Sewer in Warner Avenue .near Golden West Street, I submit the Followings Attached you will find copies of sub-contractor quotations from Barnett and Thomas, A. J. Equipment, Inc. , and Dale Casada Construction Company. Also attached is a copy of our breakdown as submitted to the Post Office Department covering-the additional items required for the con- struction of the Sewer not covered by the -sub-contract proposals. You will note that the low Bid of 610,257.00 has been used in compiling our . total Costs. Please take the necessary action to have an agreement drawn up for execution by the City of Huntington Beach and Post Office Department. This instrument will act to. insure that the Post Office Department be reimbursed for the cost of that portion. of Sewer fronting on the. PropertXes mentioned. Funds for,.-the .Polst Office Department reimbursement are to come from fees collected by the City of Funtington Beach from the persons who will eventually develop these Froperties and use the Sewer. Please do not hesitate to call if I can be of further service. I can be reached at (707) 643-9287- In the event. there is any question concerning the Post Office Department's position or. desires in this matter, please direct them to Mr. Walt Robinson, Chief, San Francisco Regional Office. (415) 556-2011. Thank you for your co-operation. Very truly yours, Pete King Corporation H. G. F. Comer is GFCsjk cc: Walt Robinson Martin Jaska r. _ � r rr..:.-..=t.�r>Aa�,�_�i.fT�'a33'iBESV.� .._<_ _-�. •__,...•+:.::.�.c.. . _ _ OPOSAL and CONTRA%., , WID, v L.r Date JULY, 5 1�7 TO___-t'- E KING CORP. & MikRTIN JASKA CORP. Telephone Dear Sir: propose to furnish all materials and perform all labor necessary to complete the following: WORK IN S::C i IQN #3 ON SE. ER LINE —A-4 3' _ . N 8" VCP ( $5, 628.00)' .E TICN #2 2 MAN—WILES _ 447 1 T..F_. "�f�_� ($4, 629.00) Z GINLET,11"G, PEI-2, ITS & WATER AT COST TO O;iNER All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum of i Li'� `+'I�OJ:UjiD�TWO r2iNDR ;D FIFTY 5EVFiboIIars($10, 257•Q0 ) Payments to be made_UPOA'`A PROGRESSIVE ACCEPTANCE BY INSPECTING PARTIES _ as the work progresses 'I to the value of_._ _ 11,T7TY per cent ( 10 %) of all work completed. The entire amount of contract to be paid within 30 days after completion. Any alteration or deviation from the above specifications involving extra cost of-material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in I ' this contract. All agreements must be made in writing. Respectfully. ubmi �teNOTICE • ;_ i UNDER THE MECHANICS' LIEN LAW ICALIrORNIA CODE OF CIVIL B7 THO^AA PROCEDURE.SCCTION 1181 ET SF.O.1 ANY CONTRACTOR, SUBCOH- IYIry� TRACTOR,LABORER. SUPPLIER OR 01'.F.R PERSON WHO HELPS TO IMPROVE YOUR PROPERTY OUP IS NOT PAID FOR HIS WORK OR BUP. _ - _ _T_RACTOR_S__ I PLIES. HAS A RIGHT TO ENFORCE A CLAIM AGAINST YOUR PROP. __ ' j ERTY.THIS MEANS THAT,AFTER A COURT HEARING,YOUR PROPERTY ��{�j ! COULD BE SOLO BY A COURT OFFICER AND THE PROCEEDS OF THE K�7.732 HARB�TfRB�.jIpiA SALE USED TO SATISFY THE INDEBTEDNESS. THIS CAN HAPPEN CV EN IF YOU HAVE PAID YOUR OWN CONTRACTOR IN FULL. IF THE HARDEN GROVE, CAII& BUSCONTRACTOR, LABORER, OR SUPPLIER REMAINS UNPAID. I � ..LIA�/1.1•i 6J V•J I.�E i ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which_._ agree to pay the amount_ mentioned in said proposal, and according to the terms thereof. ACCEPTED 19 PROPOSAL-SUB•CONTRACTOR-WOLCOTTS FORM 004-REVISED 11-00 POST OFFICE DEPARTMENT Mail reply to: SAN FRANCISCO REGIONAL OFFICE p. 0. Box 591 631 HOWARD STREET Los Angeles# Ca. 90053 SAN FRANCISCO, CALIFORNIA 44106 May 27, 1970 Res Huntington Beach, Calif. Main Office 6771-81 Warner Mr. James R. Wheeler Director of Public Works City of Huntington Beach Engineering Department Post Office Box 190 Huntington Beach, Calif. 92648 Dear Mr. Wheeler: Reference is made to correspondence between the City and the Post Office Department concerning the sewer line installed on Warner by the Pust Office Department in connection with the development of the postal facility approximately two and a half years ago, speci- fically , your letter attached to Mr. Walter Robinson, Chief Real Estate Branch on September 15, 1967 (copy attached). In connection with this, we understand that the property between the post office site and Golden West has been sold and is currently being developed as a shopping center. Apparently a connection will be made to the sewer line during the early part of next month. We believe that the Post Office Department is entitled to reimburse- ment of the costs of installation of the sewer line outside the .post office site. Please prepare, for execution by the City and the Post Office Department, the standard reimbursement agreement and forward it to this office at the earliest possible date. On behalf of the Post Office Department, our appreciation for your cooperation in this matter. Very truly yours, ichard J. i e " 1, N tional Rea Estate Officer Post Office ox 591 Los Angeles, California 90053 RJW:bg Room 1354, 312 No. Spring St.j, Los Angeles, Calif. Tel: Area Code a3 688-2150 -UN-1--l"INGTON BEACH CITY OF H ENGINES RING DEPARTMENT �` 11untin-ton Beach California ' sss September 13, 1967 --.- ....... Walter Robinson Chief Real Estate Branch Engineerir_g and Facilities Division United States Post Office Department San Francisco Regional Office 631 Howard Street San Francisco, California 94106 Subject: Post Office Facility 6771-81 Warner Dear Mr. Robinson: Reference is made to a letter to you dated September 13, 1967 regarding reimbursable cost of .the offsite sewer main necessary to serve the subject facility. Please be advised that cost for compac- tion test of backfill will also be allowed as a. reimbursable item. However, (a) the City must approve the test lab (we understand Advanced Foundation Engineering is doin the onsite work and they are an acceptable soils engineering firm); (b) only cost for passing test will be allowed; (c) since the engineer will probably need additional test for his certification should failures occur, we will have to negotiate the final amount to be allowed. It is expected that the cost should be in the vicinity of $250.00. Very truly yours, (: �" J"times R. Wheeler Director of Public Works JRNT:JKM:ae cc: G. F. Comer, Pete King Corp. - � •41J_ll rr��2.1.�),` i.l_I, tir..4):.:.:+.J ...r:5,. THIS AGRF NT, d=tisd this d`;, of 1F,6 , by and CITY OF T1. ,i1 .y here--inn�' er ici' conv3l"liencaa rat r-, ao asp CITY B U I IPTER la :, T N E S S E TH riHEIU1115, Builder has fi7.cd 1:_th lubo Dirac-tor of PubL.c •'o_ks of the City of Hunitin-ton IL_:ch Tf or the extension of a tics er l:':K .11 BiiC connection theY'��to for ' 19HEREASt Suildor :1::ts nn t ee d iiivl7 4n a m.i:i [iJlt with the City o1' Hunti::,-t•o:l Bc-ach relating to per£o3�1'I.ng the -ncces-_; -y -im 1- i `hs� c + ' e cons ructr' Oil of said sswe r lin3 s and 'NHE2EASg Builder has ar;reed, at his c n c.csi� and exr nse to construct and bui:l d said offs-site s2-wer facility all in con -i_-1 t-Y ;i c. the plans, specif�c.-ations and provisicins :1s approved by the D+_12ctor of Public 'forks; and OVEREAS, `Phe con„i,ructi on of �.d scmver1.inc shall Le in cer.,for.�li.ty with. the fh:nt:ington I2ach rcgiiirem.nr ;s relating to sawel,, and. at the col.,p"1i2t`.ion of said --nastY'ilct-1.Q l .and i?po:1 by the I):i.vEccto--r of Public blic +yo_'lcs a 3 1 1 1 •� W�� �+ ..��l;.�i J._... 1,�.�nJ �J .:il.�.t ��4 LU -'I ` T i � a4 d s y♦ - n s •'1)red `�1 ` \1` ,li „Sl J i 1 1 n(. } 4 ".c;�.ti.on" a , . �.1 by t `�c D� racto: .of :Public or�;s� shah. La eedicated by •tti1 3uil ur •%o the City ez Hunting,_ :):I 3'<\`>> a_,d Zl'F ,�F �SClb3d ,• �' F=ij� l� �:� 1 ='.t 1."L'Jil v_ �•: c -- -- i:�j E T a ..� ,JCw •t�� :O �.�.� Ll "� ��.._... ...."_....., t PubiiC iGY' .'..; i,_",. i' C.2.Cc_ `r? iu f O'� 7t12I��OL r�•iC�:r Bt?51 7E _�° SrIaall I i � .1 uln - c1, n, C"..J. r ei-v d UTJ the 'I' � O �.'lllr i._"l~Cf ;!} i'r;y :.;it�>1 CCiIi.•.ytli)_ tc :i 4C ,J .1 Huntirr �cn Eeach _ ;r cO: tt3CtGIiJ to sic fA r c;�scrib�d f�c:i?ity in ac .;'a ca with '•t;2 ! r n " C « tz s�.r, i1 'n6 : 'cG u3r��� �:. ;--tiC:�:]"3]"O 3 o. �"1?%�;-� 3C O� t• . 2222''3", LGII crmC}1 0--dii'1-7 ce CG`it30 2, rae •.�cili y cor_stzructa%d b;r fo-- .-JAch re:IL"unds are hemby agnaQdl .O t ^'"3?_i ',o Builder is '110 J'C =od as olla;is: 3� lzil, er doffs h clby acknwii d e tl"_a.t be has received a refuryi in the form of a c:-edit in t;,Damount of by raivar of connection fees. 4. That the cost to the Builder for ;;t a conQtruct:ion of said facility is the skm, of 4� 5. The :cf and to tJ paid co t:2 :.L1 _.r uz 1 _ iris as folla.vs: ToICZ1 Job Cost of Facility k� A oL;:! i2'i o y 36 Rn uyA cro.2itcd h,l of fee can. Cf,mc.ctioil to lot C,_t f'ar�,ic� `.zo,I N-,,t Ref aaeablz: :+o dti0 Y`CJi'.1.:... r���:."�It� "...".__"�. C'•. ... '4 .., r.1�...."e !%s. •uri.^. L�w� tii ry Hu11 .Jaach to L'."i"M 7 i i actor o Y' `liC o-eks h� t:;n •.o? F J T� �sr ur. ,i the r aL 'd shall a ce rt.i"f l 'id p .iI? CIT'1�._ i! y to L : l'i? r CAL-'. ri, " `` I: "` (J'.,._ u' e _�. �_. �. l: It .Jll 1..l. t;ISV+.U+•."1 �7 � 1 3UI;; 0}"' a 'n'"C:LI .0 pa-iT1o:I.i jT bcevn 1::.u::: t•t3 th7.& ;.,J;I?; CL.lar facil t, In aCCU_..,.?1C^ vi;fli ihai t..,_, and `re. C•.'_'ct'.;y has ree for such co,":n.actiono 2. prod _ y -ho b: -a;,O as a P fL faci tJ esi City ma- con-11it on m' de;W� all(m aid Bu_DA�r cmo -it the per acroaga fen- consistent, -v-.,i -h this J 'hzij- a-lzeess to f.0-mir-13h a c_-op of thiis _r-g,.-Ccrr_nt to said At�ras—,-_nt-; fur[. Y Q-� -,(-i-UL s d a s U,ri bz-� h d e re i n the devaloper of e f- In !,,,,-;,o cv 11t -GJL-tW not reqi1irzD a to de-,)oSi'L-, the i;c) or Uvejoim.­-,?rit., ill t'l-,mt event sewer f c e with th�- ­it�; pri-,,,. ''All S5,"i d—iolop-r th-at sa-ld developar City vill provid-!,3 in an ag�� is obliprated not only to t)---- City but to the Tbaildor, individu-11s or enti-*VAes who have to ths cc!:;"----• off- coistl action of s g:ar facil-ities constructed h r_­urder-, sa1c". ­:Lll furt"honr nrovide thit in the event that it bzcome:�, r1:T:fVsS_-rV to i_rlSt-itut�: legal pr(-Jccr_�,Jlmi�s, eith.r;-r by the City or by t%ho Buildor. -�.,ho has r�­viously contrib-,A:-�d to th- Cost of --wer facilities, P I L to enforce the rj.r-hts of the px;rties th,-�reundar lk.-,Ihat tih�_� prevailinr7 Party sha-'-1 ertit)-ed. to attorn.,­ys feas; that Vhe Citv s'. all not bfl, to pay IL-,h,,;, atto-roys f:_�C­S f At or cuk-,,r of th-a parties. unders'V)od "hat Oho City is �.c�, xrqLiirod to im'Aitute 9. It is k.g,%.l -,-roceedinEs to Protect int2-rast of wd-ve.-Lop:-ar. 1. rff,.y do so. i IT T, "N 1P CIT CITZ 0', H, C-11,10 I T 1 SA A _1 corpomt io�_-I;;munic.ip-- J•1.10 STATI, OF CALL[ 0"? �a 1 cl C(/���j*1r.r�;,v �1 i�2�1 i.7'-7 l•�..5..:. yr J:J ._7':�..... �r..-.,....r...._...�....._ i ,...�`.. -- a 0 .a?1' ::[?C) 1_' r' &.rid .,r �:_.._._...t�G . :!. :.: i;:i�'�rnt.'.::1_•.':' 0001 IX,'J'•_�:iD �' :I J : it Tl: 1,j i Q G3 �:.._. :v __ i. ''.,_..,Sl ,n O • vC to -)c th:: (,;..;�,• Vim' Ci�i::xiiinrv,-..: _`i,>!; ., li ii .i'_L.'L-'.'.:� v:, CC; %Ci.."+.v O;1 i.ilr:'v (.']=C•i:'•1�`i.•!' ! .U. 7: j_il ?ivi':._.'31Fi+ iZC .iCtr Ui^'- .LC"fly%.:G� 'iriJ: 'v sb..:j 'i=iJ.(i C+i1 _. hf.._L o s,, h x1Ll;.ilC ip,1. CO?;)(11'tion. STATE C' CALIF'C 0,11D. CUN T nT2.ti.\Tn^• On this _ _ day O:. _ _ 19 _ 15cfore ;Pe, a 1 ,)ta ",r r''1JZ_ic in ar;C Ox' tt? cia7_.. CC071;_r r:: J'G:. •@37 j'C T'S.I l ly a rod �.�. ...._....s... �..._ M_..� _...._.��T } iC':::"t 1`:4 �; i•:J :?:: G'2'c rl°C:i_�C t 0'l iii`.... l.� .,...: ., ..•.��. .;.iy� ...� __U::... l J_6:S��......?�l!: ...-.`.i c'.��_L�:�:'1�..'.i Q •i.�i ,lice. la l:_�1; . t}l :j C-:i_. CllT.c^.C: ,,,_ ].Ci "1`_:S ;T'l;:�i�,:�'G Oil L•.~11"L-1If C:_: �'l:.;r. (:<_.'"JO.'•."a�•1011o