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HomeMy WebLinkAboutWilliam Lyon Homes, Inc. - Aries Homes, Inc. - Reimbursement January 22, 1969 lr n. Lyons Homes, Inc. P.O. BOX BH Newport Beach, California 92664 Attention: Jack Fowler Subject: Bushard Water Main Tract 3903 Aries Homes Gentlemen: Transmitted herewith is a check in the amount of $13*800.20. These monies represent fees collected from: Tract 5017 $3,000.00 Tract 5424 4,673.05 . Tract 6338 1,440.00 Tract 6278 1,399.80 Tract 6586 2,287.35 Miscellaneous 1,000.00 $139800.2-0 Reimbursement is being made per an agreement dated November 8, 1963 and in accordance with City Council Resolution No. 2831 dated September 16, 1968. Vary truly yours, James R. Wheeler Director of Public Works; Eric 1. Lovejoy Division Engineer JRW:EII,:ae Trans. - -� r• i��d D G ------------ ol �Or ol��+vwia J / 1 SY 8z or- LIS /D, `' 32 (7 f' , y i CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590 September 5, 1968 Public Works Department City of Huntington Beach P. 0. Box .190 Huntington Beach, California 92648 Attn: James R. Wheeler Re: Bushard Water Main Extension Tract 3903 g ,I Dear Sir: i I In our recent review of this reimbursement agreement we have found that we have received credits and refunds amounting to $20,412.60. The last payment of $7,346.60 'was made on March 27, 1967. Since it there has been considerable development in this area since that date, we are requesting a total review of additional refunds and credits accruing to Wm. Lyon Development Company, Inc. successors to Aries Homes, Inc. As it is difficult to figure the reimbursement for this water main extension by areas such as your drainage areas, we would like to make the following suggestion for the finalization II and closing out of this account if it meets with your approval. This would be that because the average refunds and credits per year have amounted to between $7,000 and $10,000 that, the amount which is still due would be reinbursed to us at the rate of $7,500 a year i until a final payment is complete. We feel that the City of �! Huntington Beach will not be hurt by this because of the amount of development in the area and the funds accrued through water jobs. Please let us know if this is acceptable to you. Yours truly, WM. LYON DEVELOPMENT CO. , INC. Alton Fowler Staff Engineer jl CORPORATE OFFICES 4463 BIRCH STREET, P.O. BOX BH, IRVINE BRANCH, NEWPORT BEACH, CALIFORNIA 92664 (714) 540-1620, (213) 623-6590 September 11, 1968 Director of Public Works City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Mr. James R. Wheeler Reference: Oversized Water Main Installation, Tract #3903 Dear Sir: In the above referenced tract, Luxury Homes constructed the following oversized water facilities: 1. 3909' of 12" A.C. Water Main 2. 1 - 12" Transite Cross 3. 3 - 12"x8" Transite Tees 4. 13 - 12"x6" Transite Tees 5. 6 - 12" 45Q Bends 6. 1 - Channel Crossing of 12" Main Complete 7. 6 - 12" Gate Valve and Boxes The added cost of these facilities over and above the normal 8" in tract sizing is as follows: 1. 3,909' x $2. 15 = $8,404.35 2. 1 x $110.00 = $110.00 3. 3 x $45.00 = $135.00 4. 13 x $35.00 = $455.00 5. 6 x $25.00 = $150.00 6. 1 x $1400.00 = $1400.00 7. 6 x $255.00 - $930.00 i For a total of $11,584.35. Our records do not indicate that any credit or refund was paid and we therefore request your review and remittance of $11,584.35, payable to Luxury Homes, c/o Wm. Lyon Development Co. , Inc. , successors to Luxury Homes. C71 Page Two - Please find attached the contract costs for this work, and if there are any questions, please do not hesitate to contact me. Yours truly, WM. LYYOON DEVELOPMENT CO. ,INC. x Alton Fowler AF: lr cc: Wm. Lyon f I Y I i I i PLUM13INP rONTRACTORS, INC., SAKI T! DIVISION y :r 4214 WEST WESTMINSTER AVENL ". P. O. BOX 536 • SANTA ANA, CALIFORNIA SUB-CONTRACTOR'S AGREEMENT THIS AGREEMENT, made and entered into this 19th day of Jimc 1962 by and between LuLNairy Homes whose address _California, hereinafter referred to as the CONTRACTOR, and Plumbing Contractors, Inc., Sanitary Division, hereinafter referred to as the SUBCONTRACTOR, WITNESSETH: 1. SUBCONTRACTOR will furnish all labor, material and equipment to install complete according to plans and"speci- fications, the following, approximately: 3909' 1211 Tro-nsite 0 5.50 per ft,. 21499050 3'03 g 8t1 Tranoite 0 3.35 per ft. 10395.05 80221 6" Tra szte 0 2.25 Per ft. 18049.50 7850 4" iromsi to 0 2.10 Der ft. 1648.50 21 Fire H dromts 215.00 ea. 4515.00 297 3/4" COIDDcr Services C� 35.00 ea. 10395.00 297 3/4 x 5f$ Meters & Boxes .G 350.00 ea. 10395.00 6 12" Cate Valves & Boxes 0 280.00 ea. 1680.00 8 844 Cate Valves & Boxes C 145.40 two. 1160.00 48 6" Gate Valves & Boxes 0 ,120.00 ea. 5760.00 63loxJoffs 125.00 ea. 750.00 1 1211 Cross 0 225.00 ea. 225000 3 12 x 8 Toes 0 130.00 ea. 390.00 13 12 x 6 Tees 0 115.00 ea. 1495,00 8 8 x 6 Tees 0 80.00 ea. 640.00 22 6 x 6 Tees @ 65000 ca. 1 30.00 ' 6 12" 4.5° Bends 0 85.00 ea. 510.00 2 8" 22-,'P Bonds 0 50.00 ea. 100.00 2 6" 900 Bends G 35.00 ca. 70.00 i 11 6"-450 Bends G 35.00 ca. 385.00 3 6 x 4 Reducers 0 25.00 ea. 75.00, 1. 12" Channel Crossing Complete 0 - 400.00., 94a96 :57 , '. All footage is to be measured upon completion. All permits, inspection and engineering fees are to be paid by Contractor. The above price does not include any resurfacing. 2. Contractor agrees to repave said surface within a two week period after ditches have been backfilled and flooded, paving to conform to County, City, or State specifications. Failure of Contractor to repave said surface will cause said Contractor to be liable to Subcontractor at a price of $1.00 per square. foot, should Subcontractor elect to repave, upon notice duly given to Contractor. 3. This agreement shall be considered as void should the water lines be installed before the sewer lines, or order to commence work not given within thirty days. 4. PAYMENT Contractor agrees to pay 90% of the total price when ditches are backfilled and flooded, the remaining 10% upon com- pletion. 5. INSURANCE: The Subcontractor shall maintain in full force and effect, compensation insurance and comprehensive liability insurance, Subcontractor also agrees to furnish Contractor with certificates of insurance upon request. 6. BOND: Should the Contractor require a bond, Subcontractor shall furnish said bond and the contractor agrees to pay the premium, which amount shall not exceed 11/2% of the total amount of the contract. 7. ATTORNEY FEES: If suit be brought by either party to compel performance under this contract, the prevailing party shall be entitled to the reasonable amount the court awards for attorney fees and court costs. i - --_..._ ........-...-. -.. _ _ ltereinafter referred to as the CONTRACTOR, and Plumbing Contractors, Inc., Sanitary Division, hereinafter referred to I as the SUBCONTRACTOR, WITNESSETI-i: 1. SUBCONTRACTOR will furnish all labor, material and equipment to install complete according to plans and"speci- fications, the following, approximately: 01T- SITE WA .i`IR TxAOT 90 39091 1211 Tra~:,�.s3te 0 5.50 per ft. 21499.50 0 3�? 3��' 314 �lproxisi ce ���, 3.3y5 Per ,f+t o ?0395.05 8022 9 6" T i `. i c l'.': 2.25 per .1.t. 18049,50 . . 785' 4" Tre ns:ite 0 2.10 per ft. 1648.50 21 Fire Hydrants 215.00 ea,. 4515.00 297 3/4" COI)-Perr Services G) 35.00 ea.. 10395.00 297 3 4 x 57 Motors & 1BoxeS 'a 350.00 ea. 103-015.00 6 12`II Gate Valves & Boxes 0 280.00 ea. 1680.00 8 8t° Gate Valves & Boxes 0 145.00 ea. 1160.00 48 6" Gate Valves & Boxes 01) 120.0.0 ea. 5760.00 6 Blowoffs 0 125.00 ca.. 750.00 , 1 7 211 Cro-s 0 225.00 ea. 225.00 3 12 X 8 Tees 0 130.00 ca.. 390.00 13 12 x 6 Tees 9 115 .00 ea. 1495.00 8 8 x 6 Tees 0 80.00 ea,,. 640.00 22 6 x 6 Tees @ 65.00 ea. 1430.00 6 12" 45° Bends 0 85.00 ca. 510.00 2 8" 22w° Bonds 0 50.00 ea. 100.00 2 6" 900 Bends G 35.00 ca. 70.00 11 6" 450 Fends 0 35,00 ca, 385.00 3 6 x 4 Reducers @ 25.00 ea.. 75.00, 1. 1241 Channel Crossing Complete 0` . 3400.00. 594 967-55 All footage is to be measured upon completion. All permits, inspection and engineering fees are to be paid by Contractor. The above price does not include any resurfacing. 2. Contractor agrees to repave said surface within a two week period after ditches have been backfilled and flooded, paving to conform to County, City, or State specifications. Failure of Contractor to repave said surface will cause said Contractor to be liable to Subcontractor at a price of $1.00 per square. foot, should Subcontractor elect to repave, upon notice duly given to Contractor. 3. This agreement shall be considered as void should the water lines be installed before the sewer lines, or order to commence work not given within thirty days. 4. PAYMENT Contractor agrees to pay 90% of the total price when ditches are backfilled and flooded, the remaining 10% upon com- pletion. 5. INSURANCE: The Subcontractor shall maintain in full force and effect, compensation insurance and comprehensive liability insurance, Subcontractor also agrees to furnish Contractor with certificates of insurance upon request. 6. BOND: Should the Contractor require a bond, Subcontractor shall furnish said bond and the contractor agrees to pay .the premium, which amount shall not exceed I V2% of the total amount of the contract. 7.. ATTORNEY FEES: If suit be brought by either party to compel performance under this contract, the prevailing party shall be entitled to the reasonable amount the court awards for attorney fees and court costs. B �" QENNIS PRINTERS 4 STATIONERS.INC. MOLOCZNIK t ( 7(16"Y 905 NORTH EUCLID AVENUE ANAHEIM, CALIFORNIA PROSPECT 2.7722 5 V b u i l d e r s a n d d e v e l o p e r s July 19, 1962 NOVA F-�MS., INC. TRACT 3903 Iota 1-158 & 160-297 Addanduin No. i to Subcontract bet teen LUXURY HO , 11C. and PLU-IBING CON-TRACTORS., INC. The following wAt prices shall prevail and shall include all permits, taxes and cartage to the Job: OF'F-SITE WMER 12" Transite 5.30 per ft. �� o 12i° Gate Valves & Boxes 280.00 ea. Fire Hydrants 215.00 ca. 12 x"6 Teos 115.00 ca. 60 Gate Valves & Boxes 120.00 ea. :9 12"- 450 Benda 85.00 cn o ON-SITE KAT o 112-1' Tramite 5.30 per ft. 8►' transite 3.25 per ft. 6" transi a 2.17 per ft. dip transita 2.05 per ft. Fire Hydrnrits 215.00 ea. 3/4" Copper service 35.00 ea. 3/4 x 5/8 14eters & Boxes 3:;, 1211 Gato Valves & Boxes 280:00 ea. 89 Gote Valves & Boxes 14%*00 ea. b'� G'to Valves & Boxes 120.601 ca. F310 bffs 125.00 ca 12" Cross 225.00 ea. i�""x 8 Toes 130.00 ca. 124 6 Tess 115.00 Ca,. 8 x 6 Tees 80.00 ca. \ 6 x 6 Tees 65.00 ca. ti 12" 450 Bends 85 .00 ca. 8" 2210 Bends 5o.00 ea. 6a SOS Binds 35.00 ma. 6" 450 Banda 35.00 e— '6 x 4 Reducers 25.G0 cc, 12" Channel Crossing Completo 3,400.00 Mork progress to he =int-a-ired as per schedule set up by General Contractor's Superintendent, IN �y'I'1N S hET=F, they have executed this ag-Anaeaent to include Addend mmi No. 1 as part end parcLl to subcontract dated July 19, 1962. PLtHBING CONI- CTOFS, INC ttrAMI .fM INC. STATkKWr OF THE ACTION OF CITY ..,NCIL Council Chamber, City Hall Huntington Beach, California Mondays December 21, 1970 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4: 30 o'clock P.M. Councilmen Present: Gibbs , Green. atne oen Councilmen Absent : None CONSENT CALENDAR (ITEMS APPROVED-) On motion by Green, the following consent items were approved as recommended by the following roll call vote : j AYES : Councilmen: McCracken, Bartlett , Gibbs , Green, Matney, Coen , Shipley NOES : Councilmen: None ABSENT: Councilmen : None ' �k9csY-k yh�ek•�9c�'c�e•�PrY,kk•*�kk*•*9r•��k�csY�r��r'r�c•4rh�r**��r��-k*�Ac�•ir�'r�e;e�t•� FINAL REIMBURSEMENT - WATER MAIN - ARIES HOMES INC. Approved final reimbursement in the amount of $17 ,.157 .82 to Aries Home.- Inc . , for construction of an offsite water main in Bushard Street , approXimately 1000 feet south of Adams Avenue . ' On motion by Coen the regular meeting of the City Council of the City of Huntington Beach adjourned. at 9 : 15 P� Motion carried . Paul C . Jones .r City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Donald D. Shipley Paul C . Jones _ Mayor City Clerk ` STATE OF CALIFORNIA ) County of Orange ) as : City of Huntington Beach ) I , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action ' - ^41 of said City at their regular f December 28, 1970 William Lyon Development Company 3163 lied Hill avenue Costa Mesa, California 92677 Attention: Jack Fowler Gentlemen: Enclosed is a check for $17,1.57.82 as :final reimburse- ment on the Bushard water main reimbursement agreement. Also dnclosed is storm draft reimbursement agreement No. 70-D7 with two copies. DPlease have the original and one copy signed and returned for execution by the City Council. Very truly yours, James R. heeler Director of Public Works Eric I. Lovejoy Division Engineer JRW:E IL:'TM:ae Encl. i I 1�'�• �- u- 3 r= `:`i i !t 1 r 1`7 S—"I , •1 Ate:[ `l a `r ENGINEERING DE?�'� •� J .,. ;�� •'� Hur1CLI o C0�1 uC:CH, C i:ZO.'P.:1 January 16, 1967 Luxury ,Io lcs 905 l;ortiz Euclid Ana ein, California Attention: ir . Ne:71)aUCr Subject : Reinburscmcats We have revie'7•7ed the -reil mbursc: ents due your co.,apany as you requested .' The status of the folio?7in- ?70: k is e: closed . 1. Slater Channel Punp Station. 2. Sia ter-Sori Sdale SeWcr Pu-m? Station. , 4 3. Bannin_ Purlp Station and Storm Drain. 4. Bushard Water Slater Cli mr_c and �u �� Station As indicated on the enclosed sheet you are still &!e $1,536 -13 Der the reir b urSement a "reement . However, One ite:a in the ac-re2r.,=t for which you a-r_�� bein refunded is ri _zt of way for the ch! nnel and station fron. the wCLt boundary of Tract- 5790, %geste_rly to and includin- the purtip station Site , 1h1S iteril amounted t0 `l�l�/,9/S .GG. 1�leiei0ie., you are still responsible for this amount ar?d wa;�7i11 notify you ?J.o pa j7:`'•1C' Zt 1S required , lti'e Z�7ouicl appreciate your varifi cation by letter of this condition. Slater-S'-)rin -dale Sewer Pump Station The on .,inal cost of the station to your company was $22,475 .95 . Proceedi n- with your developaient studies it was deter-I,-ined t_, t increas- ind the capacity of this station elirainated ti.e need for an add _::�.oLzal station a a later dale . It was deternLned that it would cost $6,000 .00 to enlarge ti,e station and char es c.nd refunds have been made based on the total tilt-mate cost of the stat i oLn or 528,476 .95 . Credits and re- funds to you to date total $24,402 .40. Since your developfacnts are so far aloe , it is suu-ested that we collect from you the amount or credits and refunds over and above your cost which is 1,925 .45. Tr,en we willbe responsible for the enlaraeroent of the sta-1 on when necessary. uxur y tlo: c s January 10, 1907 nave 2 $c^:1P-in Pui``? Station and S L o=-m Drd-n 'To this date you are still dui $65 ,015 .05 there are no monies or. h��nd ��I�ich are subject to ref and at this tiae ►n fact the C .t_y is spcnd;.nr $LPL.�7 10• )0 t0 _��-21 I thn t �i�-ri *)ii_i�i rini Y in the station. Furthervdeveloprent -Would have been impossible until this unit was installed . -71 u, $ushard Water Mn in yn; 0 ),i. Tn date you are. due 539L-9 �:Ei�y as S11 -1 on;rti;e enclosure . IIM-lever, Litt V1t..y Ltq.:� 1.V s.11 Vl.Lt.:v Y( ,�!—;v vv LLt 1COJ jUuJ G�.I. L- 1 ,-L LL LU JVU• . These monies will be forthcom ns as soon as the City Council can act on the refund if there are any questions please contact this office . Very truly yours , James R. �-'heele-r Director of Public Works JRW:J-2,1:a c e BUSHARD WATER MAIN Reimbursement Agreement dated November 8, 1963 with Aries Homes, Inc. Total Amount Refundable $62,574.12 Fees Credited on Tract 3903 9,493.50 Agreement $53,080.62 Fees Refunded or Credited Date Development Fee Balance 507 , �� � A. 4-1-64. Tract 4992 (Refund) $2,052.00 $51,028.62 B. 3-27-67 — Tract 5755 (Refund) 4,269.75`f Tract 5882 (Refund) 1,500.60' School (Refund) 1,505.25 22001 Bushard (Refund) 71.00 $43:682.02 - Q� l; 71, f41 C. ...._7-10-67-- Tract 6339 (Refund) 1,710.00` � $41,972.02 ` ? D. 7-10-67 'Tract 3898, (Credit) �9 5�.334.00 Tract 5661 (Credit) '' 5,635.00 22032 Bushard (Credit) 45.00✓ $30,958.02 yy �" a' E• .9-16-69 Tract 5017 (Refund') 3;000.00 Tract 5424 (Refund) 4,673.05 Tract 6338 (Refund) 1,440.00 Tract 6278 (Refund) ' 1,399.80 Tract 6586 (Refund) 2,287.35 Miscellaneous I000,.00';. $17,T57.82 omwoble GIB CoHimix efiv Of hVativatm PASCh ..., a ct a of -alb Am cog a* ma 0 as2m Il1 WU Im Coamted to Wo I G@H mo Is rafmdable ta thp demlopu VoT dim-'amal apwa- Xt Is avve be IM� g &bg + a ire tACA VPTY, tmly yomp �m 3u"3��ffi 18 Est I I a 1 I � � I � \ City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 22, 1969 Wm. Lyons Homes, Inc. P.O. Box BH Newport Beach, California 92664 Attention: Jack Fowler Subject: Bushard Water Main Tract 3903 Aries Homes 'Gentlemen: Transmitted herewith is a check in the amount of $13,800.20. These monies represent fees collected from: Tract 5017 $3,Ow.00 Tract 5424 4,673.05 Tract 6338 1,440.00 Tract 6278 1,399.80 Tract 6.586 2,287.35 Miscellaneous 1,000.00 $13,800.20 Reimbursement is being made per an agreement dated November 8, 1963 and in accordance with City Council Resolution No. 2831 dated September 16, 1968. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW:EIL:ae Trans. 9.3 6 3.2 4 + 7.6 1 2.8 5 - 1 .75 0.3 9 T 62-574.1 2 + 9.49 3.5 0 - 5 3.0 8 o.6 2 s 5.334.0 0 - 47.74 6.6 2 5 .63 5.0 0 - 4 2.1 1 1 .6 2 2.05 2.0 0 - 4.269.75 1 .50 o.6 0 - 1 .5 o 5.2 5 - 71 .00 ' 1 .71 0.0 0 - 3.0 0 0:0 0 - 4,673.05 - 1 .44o•0o - 1 .399.8 n 2.28 7.3 5 - 1 .000.0 0 - 17.202.82 45.00 - 17.157.82 T 4.26 9.7 5 + 1 .5 o o.6 o + 1 .50 5.2 5 + 7 1 •0 0 + 7.34 6.6 0 T 3.00 0.0 0 + 4.67 3.0 5 + 1 .44 o•0 0 + 1 -3 9 9.8 n + 2.28 7.3 5 + 1 .000.0 0 + 13.800.20 T i A , THIS AdREMM dated this day w. z 19 • bly and BRAS t CITY OF HUNTIfl m BEACH, a■udeipal corporation, hereinafter for convenience referred to as a r Gl?Y -t AgpYA NOMES, fMt. orpoat_.on, hersinafter for eonvemenee referred to as SUBDIWxQ"� WITNESSETH:. WHEREAS, Subdivider is the orener of a tract of Inaba 1', ':se City of Huntington Beach, California, which It is sseki:;- tL suWivide into lots and to dedicate certain streets, alleys, and atz-or Improvements therein to the public use, and is about to file with said City a map of the Tract of land known as Tract No. 3903 , and WHEREAS, as a eo . to the approval of said subdivision map and the acceptance of the dedication of the streets, allays, 'and other improvements in said subdivision, said subdivider is retuired to enter into an Agreement with the City of Hufftin;-Lon (each to do and perforet the work hereinafter specified and to mmc tte and deliver to the City of Huntington Beach, a bond,for the faithf+al perfor►.anee of said Agreement and for the jayment of all labor and �aterirl in eorinwstim, therewith, as requi.:-+d by Saotione 11611 and 11612 of the dusineef- art: Professions Code or the ; 4%tns or California and ;ectinns 9731.35, 973101 ; 9731,>7 and 97731.13 a the Rure.ington Beach Ordirtanrc.e Code; NUN THEW ORE, in consideration of the pnmskars aml ai;reeraants c � " a of-the parties as h » eat Znrtn, the rtia� a�cee`av tellsArR: a �& _} �� •aj� ���y �rg�,s�*ra �� °� r s �.-} 1 F.' ,� ,yi:s °'� ,r;� � �,'..r' '.Z "w- ��,€k� rr' ��s �' ;,�. � i� .f ,� ,�..- eW �S^?�3��c c ��. � 3`�•'''S�a..# r"�v t s^"� ���e+��`�� rods,y � � a8 +.'�. 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Al imam Sotd _ i dW fit �h r to dij rt P�cs A'�tQ4a3r � � b frl-• of;:: tgoeolved ub Mll Samoa, x ,n � „ F £ � u€ E * °5 [•ii4.-.._.Y..J«X��7f i y I fO �N ?t ; f Shy ii"" fr , r✓s��syydt, J � 4i - � t c t �� ANYVAN e H , � -D� s a - "!1 y • V , ^ i xzp K 6 Yv '�o-na t .a3 t 35 � L � a..' »•s ��a �L�''v S' s�. wr ��N, ,age�h+';K< r4C t •,,,,�' �:�' ;" l�. ``.+?az �b' vm as �`?'a �` r .: G +-� "� y; n41 , or Rae Notary in' ter. 41d .state, POTOOMM $gam : a iS 9 dab i� y. and C. ' r w iA1i ie+ ro b the. or, C a r to -a tb be the City,tlor& of tht City,Of Iftnan&An SSE[ h, g mmtoiol z co pomu", the corpomqch that axo'cr W tho idtrAm imsr=n ard ° } aeknow2eddad to me th0t tPm3r 44mouted sAid instr+eaant on bvh9Z,'of#mW Funic ipal corpoaati arn.. 4 • ANY Gomm .ionxprwGirtia " w r i STATE,OF CALIFORNU VVW1a8 OF�/[!t•saVa' q r'$ r On thlsor of 1963a bpfom was a Notary Ftdfliey in = C q ynoun y�per`o me scarl A apppmzed the Ms am t0 ne t0 be the S2C leWx7-T r,ii�e2'SFr$on 7a corporst`cm that executedand to within imtr%mamt a ac � to,PFffi'that thsy"executed said instr=nt an behalf of such eorpomUCAa Gf i P 'W. Y P'!l�✓1 Y[(V��.M��l��q '.F �• v F%' '� +.�.yy.. s�' ro� � .�.,.e. °==-"'zan:Y.,.cs~�•,-,,,,,•r-sd::,•>.--,ei+nm-:..2_-,a.w-wp..,w„�_,�+,,,,.�,,.7 wwr„'re_.�cA.-• -sa•.e.,>r�"�..:k' "ems`-^�✓- ¢e: r r • ,,� �� §� ,y � , °fir".' �t .. ' "� �:„ $ko� p4 �:� tea; •, ia/"" �.. •. ..° � ..� _ f F r 4: r 'd ro,,,-.;.` ...' `,: is n',._�•+;,'f h�, �i,.'.*xx^ -: . •,' j I f j r Ole 014 ------ l .1) Ij LSO, (oQ - '� - - - — --- -- �/Z 7/67 az 00 134 I _ f 13, ®I Oli THIS A EMENI', datedt?a3 s th, day tax" November � 2963,; by and CIT11t�1"y��Opr, HTj'NT`TIT'T'rSON DESACHa pal tion hereix-f-ter for conven- ience refermd to as3 CITE' ARIES HOMES, INC. HUILDFR r V1 I T N E a S E T H% W,REASj, Builder has filed with the City Engineer of the City of Pmtington Beach for the eidesssion of a water main and connection thereto for Tract 3903 b i li{AEREAS, BiIder has entered into an a;reement with the City of Huntington Beach relat-ing to perfo:�aing the neces ry work in the construction of said water line; and IMREAS, Builder has agreed. at his awn cost and expense to construct and build said off-site vrater facility alll in conformity with the plans, specifications and provisions as approved. by the City Engineer; and AREAS, the construction of said'water line shall be in confo.,Miity . with the Huntington Bch Ordinance Co&.i. more particularly Chapter 35 re- lating to water� -and-aty_the- cotftbletion of seld.constructi.on and upon acceptance by the City Engineer as being in full conformity with the plans and specit ca- ti ons appi.Nmd by said City Engineer, shall be dedicated by the Builder to the City of Huntington Beaclh; and. Ia VMEREAS., the Builder shall be entitled under said sections of the Huntington Beach Ordinance Code, after such construction and dedication of said water facility to refunds from connections by others to said water facility; NOW THEREFORE,, in consideration of the premises and the agreements herein contained,, the parties agree as follows: 1. That upon completion of the construction of the facility hereinafter described by the Builder to the full satisfaction of the City Engineer and on its dedication to the City of Huntington Beach., Builder shall be entitled to refund from connection fees received by the City of Huntington Beach for connections made to said hereinafter described facility in accordance with the provisions of Chapter 35 of the Huntington Beach Ordinance Code, 2, The facility constructed by Builder and for which refunds are hereby agr---ed to be paid to Builder is described as followat Offsite Bushard Street from 1000' 4 South of Adams Ave. to Banning Ave.! Oversize Bushard Street,, Banning to South Tract line Oversize. - Banning Avenue, Bushard to Cannery 3. Builder does hereby acknowledge that he has received a refund in the form of a credit in the amount of $ 94421450 by waiver of connection feeso 4. That the cost to the Builder for the construction of said facility is the sum of $ 62,238.49 . 5,, The reffund to be paid to the Builder under this Agreement is as follows: Total Amount Refundable under Chapter 35 $ 62.,574-12 less.- Refund credited by waiver of fee on connection to Tract 3903 - 9.,493-50 Net Refundable $ 53.9080.6Z 2. v ,J 6. No refund payment shall be r�de by the Clerk of the City of.Huntington Beach to Builder urxti3. the City En6ineer shah Da re certified, in wkitingv to the City Clerk that Builder is entitled to a refund for a specific connection having previously been made to this w-pa.rticu3a.r =facility in accordance with Chapter 35 and the City has _ 'received they-fee for such connection. Dated! o X CITY OF HWTINGTON BEACH A imulicipal corporatio Mayor By City Clerk r - BM—bDZ J = f✓ R ARIES H10 , I Z .Y 6 r✓ .. •Will ,y , resident a W. Jeffers n, Secretary 3. APPR900 [ FOR FOXW - ---------------------------- Cmr ATTORN 711111 r STATE OIL CALIFORNIA } } ss COUNTY OF ORANGE } Onthisl8th day of December $ 1963$ before ,e., Alice M Hamilton a Notary Public, in and for said County and State, personally appeared ROBERT M. WTRERT, known to me to be the Mayor, and PAUL C. JGNES, known to me to be the City Clerk of the City of Huntington Beach, a municipal corporation, the corporation that executed the within instrument and acknowledged to me that they executed said instrument on behalf of such municipal corporation® ALICE M. HAMILTON �!ot^iry Public In and for the Coun'y of Gron�ie c ,f CaCfornia My Commission Expires March 11, 1967 STATE. OF CALIFORNIA ss COUAJTY OF ORANGE } On this 8th day of November , 1963, before me, a Notary, Rzblic, in and for r sa County and State, personally appeared _; am Lvon .� s known to me to be the President and F W. jjefferson known to Die to be the Secretary—Treasurer of the corporation that executed the within instrument and acknowledged to me-that they executed said instrument on behalf of such corporation, WILLA DEAN RUSSELL ` My Commission Expires March 1, 1967 �n