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HomeMy WebLinkAboutSouthern California Water Company - Agreements between SCWC i crm /i-24 SOUTHE10i CALIFORNIA WATER COMPANY Statement of Cost of Work Installed Under Contract Dated May 7, 1962 Ferahill doges, Date Oct. 24, 1%2 201 Acacia Street 4ork Order Number Huntington Beach, California i2-662 District bw UAKton Beach Type of contract 22% Xctension rifle Work completed July 1962 Transit* pipeline; IT51 - 4" Transit* pipeline; Facilities installed 10 - 3/4" Copper services; 1 - 6" Standard Fire Hydrant Location Lots Nos. 3 to S. incl., fronting on Jay Cirele, Tract Ito. 4415, City of Huntia�ton Beach, Covwty of Orange, State of California. Detail of Construction Cost: Material . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,094.13 Labor Costs: Contract . . . . . . . . . . . . . . . . . . . . . . . . . . 927.00 Southern California Water. Company . . . . . . . . . . . . . 216.S4 Street resurfacing . . . . . . . . . . . . . . . . . . . . . . Mw.0O Overhead . . . . . . . . . . . . . . . . . . . . . . . . . . 265.90 Total Construction Cost 2,663.95 hsaa cost of metalline 4 At 3/4" Cowor servioes • w.w cash 251.52 Total 29432.43 Amount advanced on contract . . . . . . . . . . . . . . . . . . $ 2,750.00 Cost as shown above . . . . . . . . . . . . . . . . . . . . . 2.432.1.3 Refund o 317.57 N-C-1- 221,�) Refund iy_G y (4/1960) ICE COPY A G R E E 14 E N T THIS AGREEMENT, made and entered into this 7 day of 19_4k, by and between FERNHILL HOMES a corporation, whose address is 201 Acacia Street, Huntington Beach, California, the First Part-_, and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S S E T H: WHEREAS, the First Party is 10= the owner of and/or beneficially interested in: Lots ;f,'� to JB, inclusive, fronting on Jay Circle, Tract #4415, City of Huntington Beach, County of Oranges State of California; WHEREAS, said First Part_y desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Party_ and said Second Party do hereby mutually covenant and agree as follows : I. Upon the terms hereof Second Party hereby agrees to construct and install the water system shown on the plan hereto attached and marled Exhibit "A Unless -1- N-C-1--221 Refund (4/lg6o) prevented by nonavailability to it of the necessary materials or labor or by other reason beyond its control, said Second Party shall commence the work of such con- struction and installation at a time mutually agreeable and suitable to the construc- tion schedules of both parties hereto and shall prosecute the same diligently to completion. This undertaking by Second Party is, however, further conditioned that (1) said First Part_ shall have made the advance and payment to said Second Party as required by Article III hereof; and (2) said Second Party, without cost to it, shall have been furnished by said First Part_ with easements or similar rights in favor of said Second Party for the construction, installation and maintenance of said water system across all privately owned lands to be traversed by said water system, which easements or similar rights shall be in form satisfactory to said Second Party and shall be executed by all necessary parties having an interest in said lands; and (3) the streets or alleys in which said water system are to be installed shall have been rough graded, curbs and gutters installed and, at all times during the progress of said work on a given street or alley, such street or alley shall be unpaved and neither the driveways nor sidewalks constructed prior to the completion of said water system, and shall be clear of all sewer or other excavations or obstructions and of all building materials and equipment not necessary to said work, all without expense to said Second Party; and (4) the entire tract of land above described shall be ready for said work as a unit except that if, in the opinion of said First Part, this is not feasible, then at the written request of said First Part, said Second Party will divide said work into several parts and will perform one part thereof at a time if, in said Second Party's sole dis- cretion, such partial construction will not cause inconvenience or undue expense to said Second Party. Second Party will hold First Party responsible for any and all damages to the water system and appurtenances connected thereto, caused by sub-contractors or others in grading and other operations . First Part_ hereby agrees to indemnify Second Party for such proper expense as it may be put to repair such damages as aforesaid. In the event that within six months after the date hereof (1) said First Party shall have failed to furnish the aforesaid easements or similar rights, or (2) said tract of land hereinabove described shall not be ready in its entirety for said work, or (3) said First Part_ shall have failed to make the advances i -2- N-C-1--22% Refund (4/lg6o) and payment as required by article III hereof, or (4) said work has not actually been commenced, then in such event this Agreement may be terminated at the option of either party hereto by and upon the giving of written notice of such termination to the other such party. Neither party shall incur any liability for damages on account of such termination. Service connections extending from said water system to the lots to be served from said water system will be installed in each case only to the center point of the lot boundary line which is nearest the water system from which the service connection is extended. IT. Said First Part_ hereby disclaims, in favor of the Second Party, all right, title and interest in and to said water system and appurtenances and hereby covenants and agrees to transfer and assign to the said Second Party, -and does hereby transfer and assign to the said Second Party, any and all right, title and interest, either joint or several, which the First Party may have in and to the water system and appurtenances included in said plan hereto attached as Exhibit "A" . III. Said First Party_ agrees to advance and pay to the Second Party for construction of said water system hereinabove mentioned the sum of TWO THOUSAND SEVEN HUNDRED FIFTY AND NO/10OTHS DOLLARS ($2,750.00) upon demand of the Second Party prior to the commencement of construction of said water system. Following completion of the work contemplated herein and within sixty (6o) days after said Second Party has ascertained the actual cost of said work, if the cost thereof, as hereinafter defined, is less than the above advance, Second Party will thereupon return to the First Party_ the difference between said advance i and said cost. If the cost thereof as hereinafter defined is greater than the above advance, First Party_ will thereupon pay, upon demand, to the Second Party the difference between said cost and said advance. Any such difference remaining unpaid by First Party by the time refunds are due to be made under the provisions of Article IV, hereof, will be deducted from said refunds to be paid First Part y by Second Party. Cost, as herein used, means all expenses incurred by the Second -3- N-C-1--22% Refund (4/196o) Party for all material, .labor and other items necessary for installation and con- struction of said water system. Said cost shall be as normally set up on the books of the Second Party in accordance with sound accounting practice and as prescribed by the Public Utilities Commission of the State of California. IV. Said Second Party hereby agrees to refund, without interest, to the First Part annually, during the month of April of each year after commencement of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22%) of the average annual revenue per resi- dential and business customer for the prior calendar year collected by Second Party from consumers whose lines are directly connected to facilities installed under this Agreement. Such average annual revenue per residential and business customer is to be effective on April 1st, and used until the following April 1st. Revenue from fire hydrant service will be included in the computation of refunds if. the cost of fire hydrants is included in the amount of the principal sum of the Agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from consumers whose lines are directly con- nected to the facilities installed under this Agreement. Payment of all refunds is to continue for a period of not exceeding twenty (20) years from the date of this Agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this Agreement" . ) The total of all such refunds shall not exceed the net amount advanced by the First Party_ pursuant to Article III hereof, after giving effect to the adjustments made, according to the provisions of the second paragraph of Article III hereof. V. No municipality, county, political subdivision, public corporation or other public agency which may acquire said water system or any portion thereof shall incur any obligation under this Agreement, either as to payment of refunds or otherwise, and shall not be bound by this Agreement. In the event of any such acquisition, refunds referred to under Article IV of this Agreement shall, subsequent to such acquisition and during the remainder of the terms of this Agreement, continue to accrue and be payable pursuant to the provisions of Article IV hereof except as modified by the provisions of this Article V. Second Party I N-C-1--221L Refund (4/196o) will make an estimate at the time of such acquisition of the gross revenues which would have been collected by it during the remainder of the term of this Agreement from consumers whose lines are connected to said mains so acquired. This estimated revenue will thereafter be the basis for refunds with respect to the water system so acquired. However, if the net selling price received by Second Party for said water system or portion thereof so acquired shall be less than the cost (as above defined) thereof, the total amount of refunds for said remainder of said term shall be reduced in the same proportion as said net selling price of said water system, or portion so acquired, is reduced below said cost. If said water system or portion thereof shall be so acquired with other property of Second Party for a lump sum selling price, the net selling price of the water system so acquired shall be that portion of said lump sum as Second Party shall determine fairly to represent the net selling price thereof. In the event of any acquisition referred to in this Article V the obligation of Second Party to pay refunds during the remainder of the term of this Agreement may, by mutual consent between the Parties hereto, be discharged by payment to First Party_ of an agreed lump .sum equal to the present worth of an annuity of equal annual payments of the unpaid balance of the advance calculated at six per cent (6%) interest as of the termination date of Agreement. In no event shall the total of all refunds for the entire term of this Agreement exceed the maximum thereof as fixed by said Article IV. In the event of any dispute between the Parties hereto as to the amount of refunds payable pursuant to this Article V., either of the Parties hereto may refer the matter to the Public Utilities Commission and the determination of said Commission on the matter so submitted shall be final and binding upon both Parties hereto. Notwithstanding anything to the contrary contained elsewhere in this ,Agreement, if, because of any assignment or transfer in any manner, three or more persons (including the First Part_, if the First Part_ shall have retained the right to receive payment of any portion of such refund money) shall be entitled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent shall be distributed by said agent to or for the _5_ N-C-1--22% Refund (4/1 g6o) account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this Agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. VI. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this Agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VII. It is mutually agreed between the Parties hereto that notwithstanding the advance and payment made by the First Party _ pursuant to Article III hereof, said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and .other privileges, shall at all times be and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commis- sion. Except as provided in Article V hereof this Agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors, admin- istrators, successors and assigns of the Parties hereto and except as aforesaid, each successor in ownership of Second Party shall be automatically substituted hereunder for its predecessor owner and upon such substitution such predecessor owner shall be automatically released and discharged from all further obligation under this Agreement. VIII. This Agreement shall at all times be subject to such changes or modifi- cations by the Public Utilities Commission of the State of California as said -6- N-C-1 --22% Refund (4/lg6o) Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said FERNHILL HOMESA First Part ha_ caused its name_ to be hereunto subscribed by and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. FFRJ TIL HOMES By FIRST PARTY SOUTHERN CALIFORNIA WATER COMPANY Bye&4 Vice President SECOND PARTY ATTESTED: By Secretary -7- 1 60 I i IIBV2' ---- I i � t 4 I � fG') U _ I � InsialIGXd'x21/2'Std.FH tf;N 2 18 QS. I 6'x 6"C I Te e I R=20 2.59 } � 2 S 1 a 6"Trans. d'/Trans• Install Q�iFlus►�ou+ 6'X6' Tappm Sleeve , JAY CIRCLE N 6"TappIn Valve I �• 7TA3 34 b 6 X d"C I.Pl u 9 Red• i R=2o Z.57� 2i77' 45. I y I�1 N I� Lr) K9 7 NOTE: INSTALL 3 AIICOPPER SERVICE TO THE CENTER fq IU \Ln OF EACH LOT. Icb I � w 16V2' ►� I I � 60 CIO � s 0 O • M ' cf) SOUTHERN CALIFORNIA WATER COMPANY Acm HIJNTINGTON BEACH(CITYOF14UNTNGGTON)gYSTEM ST PIPE LINE INSTALLATIONIN itq-- UTICA TRZACT No 44 1 5 DRAWN BY M L DATE d- I2-62 CHECKED BY APPROVED BY ♦ .. - � REVISED FOR RECORD DATE LEGEND ^ EXISTING MAINS------NEW G.V:S �w NEW R.T.F.H:S EXISTING G.V:S --e-- F.N.'S TO DE RESET NEW STD.F.H:S NEW MAINS SCALE 1'=fOb ' EST. NO. lQRA GWO. NO FRANCHISE NO Cons+rtutronal 4 Wmmber 23, WLLLUO C. ary 1` Park. ;, a=tIA6tW &03ho ftwmda Dmr '« Under the terms of a refund agreement dated , we installed a main extension to serve your property in our IgtSng= Saw* service area. This agreement, in accordance with the Public Utilities Commission Main Extension Rule and Regulation, requires that on completion of the in- stallation of the extension, the estimated cost shall be adjusted to the actual cost. You advanced to us the estimated cost of $ - The actual cost as shown on the attached statement ism, resulting in $ uiaj being due us at this time. All Construction estimates are, at the best, judgment figures, and the excess actual cost over the original estimated cost was due to circum- stances beyond our control. Usually the adjustment to actual cost on the completion of construction results in a refund to the party ad- vancing the estimated cost. We regret this was not the case with this job. The amount due us can be paid in full now by check or, if it is more convenient, we can deduct the amount owed us from the refunds as they become due you under the terms of our agreement until such time as the balance owed us is paid in full. Please check the proper space on the duplicate copy of this letter and return to us for our record. We take pride in the fact that we, as an investor-owned, tax paying, regulated utility, are able to make refunds on our customer's advances. N-D-3 M.E. due (7/60) In most cases when the area is completely built up and occupied during the life of an agreement, the advance is completely re- paid. Very truly yours, SOUTHERN CALIFORNIA WATER COMPANY C. L. sum F Viceft"idwt 1. We will pay by check. Check is enclosed. 2. Deduct the amount owed from our future refunds. bee Ed Stang Gwo No. 62-539 File N-D-3 M.E.due (7/60) Form A-24 _ SOUTHERN CALIFORNIA WATER COMPANY Statement of Cost of Work Installed Under Contract Dated January 19, 1962 liilliM C. Bray Date Oct. 25, 1962 VQ Park Street Watiettom Beach, California Fork Order Number District H=tinA!St Beach Type of contract 651 Meaalen rule Work completed Vyy1962 r Facilities installed 2621 — 8" Trsnaite pipolino Location Oa Quincy Street, east of Alabama Street, in our Vwtinstsa Beach service area. 4 Detail of Construction Costs Material . . . . . . . . . . . . . . . . . . . . . . . . . . . 19036.41 Labor Costs: Contract . . . . . . . . . . . . . . . . . . . . . . . . . . Southern California Water Company . . . . . . 1 0 7 Street resurfacing . . . . . . . . . . . i1.8J► Overhead . . . . . . . . . . . . . . . . . . . . . . . . . . . 267.05 Total Construction Cost . . . . . . 2,492.96 Less differ�ao in cost of iaat , LW 80 and 6" nine. 262' 01."4 per ft 378.33 ss 1951 free footage • • per ft I" 5 9 Amount advanced on contract . . . . . . . . . . . . . . . . . . 523,00 Cost as shown above . . . . . . . . . . . . . . . . . . . . . . 539.81 Refund or Amount Due Southern California lister Company (16.81) SOUTHERN CALIFORNIA WATER COMPANY " GENERAL OFFICES 11011 SOUTH VERMONT AVENUE Los ANGELES 44, CALIFORNIA December 18, 1961 Z 04 ory Mr. William C. Bray 1701 Park Street Huntington Beach, California Dear Mr. Bray: This letter is in further reply to your request for an extension of the Company's facilities to serve your property on Quincy Street,east of Alabama Street, in our Huntington Beach service area. Decision No. 50580 of the California Public Utilities Com- mission established conditions under which the Company will extend its facilities. In order to render adequate domestic water service to the above- mentioned property, it will be necessary to install 267 feet of pipe. We will install at our expense 65 feet of pipe for each of your three buildings, service connections and meters. The additional 72 feet or pipe over the free footage allowance requires the advance payment in the aid of construction in the amount of $523.00. This advance payment in the aid of construction will be refunded without interest in payments equal to the reasonable actual cost of 65 feet or main extension for each additional bona fide service connection directly connected to the main for which the cost is advanced, exclusive of that of any customer formerly served at the same location. Refunds will be made within 180 days after the date of the first service to a bona fide customer. No refunds will be made after a period of ten years from the date of completion of the main extension and the total refund shall not exceed the amount advanced. Costs quoted herein are based on average costs and we reserve the right to adjust the prices to those prevailing at the time of in- stallation. We will not be responsible for any delay in construction because of factors beyond our control. An adjustment between the estimated and the actual cost will be made within sixty days after the actual cost is ascertained by the utility. SOUTHERN CALn oRNIA WAT-,� COMPANY Mr. William C. Bray Huntington Beach, California -2- December 18, 1961 If you are in agreement with the provisions as set forth herein, please sign the original copy of this letter in the space provided below and return to us with your check in the amount of $523.00. The additional copy is for your files. Upon receipt of the executed original copy of this letter and your check, we will complete our plans for this installation. Thank you for your cooperation in this matter. Very truly yours, SOUTHERN CALIFORNIA WATER COMPANY R. L. Anthony Executive Assistant RLA:eh APPROVED: BY: DATE: / l or Zf 5 +'a S Form A-24 SOUTHEM CALIFORNIA WATER COMPANY Statement of Cost of Work Installed Under Contract Dated Doe tuber 11, 1%i leraktll Hines Date Oct. 24, 1962 201 Aeacia Street Mntingten Beacb, California work Order Number 41 , District Huntin�en Heash Type of contract 24 Bxtensieo rule Work completed XV 1%2, Facilities installed fi23v - 4M Transits RJR&JIMj i - 1M Geer &@ rleas Location Lots Nos. 1 to 61, inal, ?rest go. A0262 Cit,T of Hmtington Beach, Comty of 0"010 State of California. T Detail of Construction Cost: Material . . . . . . . . . . . . . . . . . . . . . . . . Labor Costs: Contract . . . . . . . . . . . . . . . . . . . . . . . . . . Cea►e�anso4j4w.w Southern California Water Company . . . . . . . . . . . . . fil.42 Street resurfacing . . . . . . . . . . . . . . . . . . . . . . 137.60 Overhead . . . . . . . . . . . . . . . . . . . . . . . . . . . 566.39 Total Constructions Cost . . . . . . $ 59715.41 Loss labort Material & zquipwtt conveyed 4,4w.00 Lsse EU!M, rowtr!asie3 apt otbe r Direct jLwM 267.64 42K7.64 Total. .047.77 Axxmt advanced on contract . . . . . . . . . . . . . . . . 970.00 Cost as shown above . . . . . . . . . . . . . . . . . . . . . . 1,047.77 Uft6amAmount Dole Southern California Water Company $ (77.77) Form A-24 r _� SCU THERN CkLIK)MIIA WATER CCMPA.IJY Statement of Cost of Work Installed Under Contract Dated Dec® 11, 1961 Ferahill Homes late Oct, 24, ►4 201 Acacia Street Mork Crder Number 61-958 Huntington Beach, California District Huntington Beach Type of contract 22% Extension rule Work completed May 1962 Facilities installed 6231 - 6" Transits pipellne; 6 - 1" Copper serviceg Location It. Nos, 1�tg JS Inal..a.SA' ct NS Citr of i=,tinaton &"Cho C* t' of Urangso auto of Caliternia. Detail of Construction Cost: daterial . . . . . . . . . . . . . . . . . . . . . . . . . . . Labor Costs: Contract . . . . . . . . . . . . . . . . . . . . . . . . . Ceuv*ysace , • Southern California Water Company . . . . . . . . . 6U,42 Street resurfacing . . . . . . . . . . . . . . . . . . . . 137.60 Overhead . . . . . . . . . . . . . . . . . . . . . . . . . . . 566.39 Total Construction Cost . . . . . . 5,715.41 Loss ins Lion and labor 445.38 Less meter s aL oa LaLoril ovorholds 566.Z9 Loss alleage, Reswrfaeing and other direct charges 1-3 Amount advanced on contract .Currey. . . . . . . . . . . . . . 4,400.00 Cost as shown above . . . . . . . . . . . . . . . . . . . . . . 4AW-00 Refund or Amount Due Southern California Water Company 0 - i-�-i-Gy N-C-5--22% Subdivider Installs (8/1960) 0 CE COPY G R E E M E N T THIS AGREEMENT, made and entered into this llth day of Dec. 19LI-, by and between PYRNATT.T. 140MRS a corporation, whose address is 201 Acacia Streets Hiintingtnn Reach the First Part, and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S S E T H: WHEREAS, the First Part is/a= the owner_ of and/or beneficially interested in: Lots 'Nos. 1 to 6, Tract A326, City of Huntington Beach, County of Orange, State of California WHEREAS, said First Party desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part and said Second Party do hereby mutually covenant and agree as follows : I. This agreement is made pursuant to Sections A-3, C-1 amd C-2b of the Second Party's Rule No. 15 now on file with the Public Utilities Commission of the State of California. -1- N-C-5--22% Subdivider Installs (8/196o) At its own expense and upon the terms hereof, the First Part shall furnish all necessary material and labor for, and shall construct and install, the water facilities (herein sometimes called "water system" ) shown on the plan hereto attached and marked Exhibit A. Work of construction shall commence promptly after the execution of this agreement and shall be prosecuted diligently to completion. Prior to commencement of the work, First Part shall provide Second Party with such easements and rights-of-way as may be necessary or reason- ably appropriate to the operation of the water system. The mains and appurten- ances shall be installed strictly in accordance with the specifications of Second Party and the installation thereof shall be subject to the approval of the Second Party in all respects. The mains and appurtenances shall be installed by a con- tractor holding a valid contractor's license in accordance with the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of Cali- fornia. Before actual installation of the mains and appurtenances is commenced, First Party will furnish Second Party with the name and license number of the contractor selected and the Second Party will, within 15 days of the receipt of such information, inform First Party in writing whether or not the contractor is acceptable to it. Second Party shall not be responsible or held liable in any manner what- soever for any injury or damage which may be done to any person or property in the course of installation of the mains and appurtenances pursuant to this agree- ment or which may result from such installation and First Part agrees to indemnify Second Party and hold it free, safe and harmless of, from and against, any and all liability for the death of or injury to any person or for the loss of or damage to, any property which may arise by reason of the acts done or omitted to be done in the course of installation of said mains and appurtenances, or which may result from such installation and the First Part further agrees to reim- burse Second Party upon demand for all costs and expenses which Second Party may incur in connection with or arising out of any claim which may be made against Second Party for any such death or injury to any person or any such damage to any property. In the event that said water system shall have been constructed in accordance with the above-mentioned plans and specifications and the First Party shall not then in any other respect be in default under any provisions of this -2- N-C-5--22% Subdivider Installs (8/196o) agreement, the Second Party shall, within a reasonable time after completion of such construction and the approval, if given by the Second Party pursuant to Article II hereof, of the actual cost to the First Party of said work, give the First Part written notice of the Second Party's acceptance of said system, and thereupon, without further act or deed, said system shall become and be the property of, and title thereto shall vest in, the Second Party, and the First Part shall be deemed thereupon to have disclaimed, in favor of the Second Party, all right, title and interest in and to said water system. Nevertheless, but without prejudicing or affecting the vesting of title in the Second Party as aforesaid, the First Party shall, upon request of the Second Party at or after Second Party's aforesaid acceptance of said system, execute and deliver to the Second Party an instrument or instruments of conveyance or further assurance, in form and substance satisfactory to the Second Party, conveying or transferring said water system and related easements and rights-of-way to the Second Party. The First Part hereby warrants that (1) the title to said water sys- tem when vested in the Second Party pursuant to the foregoing provisions of this Article I will be free and clear of any and all liens, charges and encumbrances whatsoever excepting only the lien of the then current taxes and assessments assessed against and relating to said water system, and (2) prior to such vesting of said title in the Second :Party said water system shall not have been used for service of water to any person or for any purpose whatsoever. The First Part expressly agrees that the agreements and warranties contained in this Article I shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. II. First Part agrees that promptly upon written notice from the Second Party, First Party will, at its own expense, furnish to the Second Party a detailed statement of all expenditures to be made by it in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the Second Party to segregate the expenditures for labor, materials and hauling. The total amount of said estimated expenditures as shown by said statement shall be the sum of $ 5,g7o,00 Following the com- pletion of the work contemplated herein First Part shall furnish Second Party -3- N-C-5--22/o Subdivider Insta]_ls (8/196o) with invoices of all actual expenditures made by the First Party— for labor, materials and hauling in the construction of said water system. Second Party shall have a period of sixty (60) days from the date of the furnishing of said invoices to it to ascertain and approve or disapprove the actual cost to the First Part of said work. Such cost as so determined and if so approved shall be the total maximum amount to be refunded by the Second Party pursuant to 'Article III hereof. III. Said Second Party hereby agrees to refund, without interest, to the First Part, annually, during the month of April of each year after commence- ment of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22%) of the average annual revenue per residential and business customer for the prior calendar year collected by Second Party from all such customers whose lines are directly connected to said water system. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April lst. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from customers whose lines are directly connected to the facilities installed under this agreement. Payment of all re- funds is to continue for a period of not exceeding twenty (20) years from the date of this agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this agreement" . ) The total of all such refunds shall not ex- ceed the amount of actual cost (determined and approved as provided in Article II hereof) of the work of constructing said water system. The obligation of the Second Party to make any such. refund shall be subject to the express condition precedent that pursuant to Articles I, II hereof the Second Party shall have accepted said water system and ascertained and approved the actual cost thereof to the First Party-- Notwithstanding anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any manner, three or more -4- N-C-5--22% Subdivider Instals (8/196o) persons, (including the First PartZ_, if the First Party shall have retained the right to receive payment of any portion of such refund money) shall be en- titled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent shall be distributed by said agent to or for the account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. V. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VI. It is mutually agreed between the Parties hereto that said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other priv- ileges, shall, upon and at all times after acceptance of said water system by the Second Party pursuant to Article I hereof, become and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commission. This agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors, administrators, successors and assigns of -5- N-C-5--22% Subdivider Installs (8/1960) the Parties hereto and each successor in ownership of Second Party shall be automatically substituted hereunder for its predecessor owner and upon such sub- stitution such predecessor owner shall be automatically released and discharged from all further obligation under this agreement. VII. This agreement shall at all times be subject to such changes or modi- fications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said yRRNATT.T. HOMES First Part, has caused its name_ to be hereunto subscribed by and its corporate seal duly affixed; and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. FERNHILL HOMES BY ��Z- 2? � FIRST PARTY SOUTHERN CALIFOR WATER COMPANY e By �.®-- Vice President By Secretary SECOND PARTY -6- MAID! ST It ° -----7 �Rddb��C`.�ee d 6 or 46 /l 6°Tr �Q r eel n NOTE: INSTALL 1/1 COPPER SERVICE TO CENTER OP EACH LOT. ov Ei e 3Q ,,?o aka IN. z SOUTHERN CALIFORNIA WATER COMPANY �h Gs5 HUNTINGTON BEACH�cin Of HUIditNGTONBEACH�y E - GGX °'y PIPE LINE INSTALLATION IN �,7 TRACT N° 4326 >� I DRAWN'BY DATE APPROVED BY REVISED FOR RECORD DATE -- LEGEND EXISTING MAINS------NEW GN.'S --mmO �NEW R.T.F.H.'S EXISTING G.V:S ---s--F.H:S TO BE RESET NEW STD.F.H.'S NEW MAINS SCALE I"- I no EST. NO.1n 1-A GwO. NO. FRANCHISE NO Cons+Itul'Ona) i w -2 SOUTECRO 'CALIFOINIA $tateaont of tort of Work Installed Va4qr Covtr*c.% Dated L. IL Pv Dnte ft L Distr�ct dat a r.r •• Type • • t of 00atisat " i1 ffte� ' AWS2�Iqq Facilities iveta Location 1on ads 149MA Detail of Construction Cost: it.err • • • f f. • f • • • • • • r . ♦ • • • • ♦ • • . G • ® Run Labor !loafs• � �y g�pp�o* M.4acY ��.at,,����•,p./. Ar�.�.t+a,�,,. . .. . • . f ♦ • • ♦ . . . u . . . • • . Southern Cali forWA f�ArCompmy . . . . . . . . s e • . a Stf�o•u• � rf. .roar . • • . . . . • • . • • . . . . r . . • . . .id.S. . . . • . I . . . • . . . . • . . . . . . . • . . t man Total Construction . . . . . . LaiAmo � � - its► mot !� iJfii &&owed of oant act . . . . . . • • . • • . : • • s • . �irrrmr.�• rrr�wt..+�. Cost e • • . . . . . . • r r • . • s . • • . . ♦- • SOUTHERN CALIFORNIA WATER COMPANY GENERAL OFFICES may' 11011 .SOUTH VERMONT AVENUE V� V Los ANGELES 44, CALIFORNIA �� us V41 ell"- Mr. L. R� Peterson 912 Florida Street 4untin&ton Beach,, California ?lea' Mr. -Peterson' Under' the terms of a refund agreement dated February 1.6p 1961 , we installed a main extension to serve your property in our nt tan Beach service area. This agreement, in accordance with the Public Utilities Commission Main Extension Rule and Regulation, requires that on completion of the in- stallation of the extension, the estimated cost shall be adjusted to the actual cost. You advanced to us the estimated cost of $ 2( 45.00 The actual cost as shown on the attached statement is 292.49 , resulting in +7, 9 being due us at this time. All Construction estimates are, at the best, judgment figures, and the excess actual cost over the original estimated cost was due to circum- stances beyond our control. Usually the adjustment to actual cost on the completion of construction results in a refund to the party ad- vancing the estimated cost. We regret this was not the case with this job. The amount due us can be paid in full now by check or, if it is more convenient, we can deduct the amount owed us from the refunds as they become due you under the terms of our agreement until such time as the balance owed us is paid in full. Please check the proper space on the duplicate copy of this letter and return to us for our record. We take pride in the fact that we, as an investor-owned, tax paying, regulated utility, are able to make refunds on our customer's advances. N-D-3 M.E. due (7/6o) F SOUTHERN CALIFORNIA WATEL_COMPANY k • L. R. Peterson 912 Florida Street Huntington Beach., California -2... July 0., 1961 In most cases when the area is completely built up and occupied during the life of an agreement, the advance is completely re- paid. Very truly yours, SOUTHERN CALIFORNIA WATER COMPANY Vide President 1. We will pay by check. Check is 'enclosed. 2. Deduct the amount owed from our future refunds. WWF eb: Enclosure N-D-3 M.E.due (7/60) SOUTHERN CALIEFORNTA WATER COMPANY GENERAL OFFICES toA.A-_ 11911 SOUTH VERMONT AVENUE Los ANGELES 44, CALIFORNIA February 13, 1961 OFFICE COPY Mr. L. R. Peterson 912 Florida Street Huntington Beach, California Dear Mr. Peterson: This letter is in further reply to your request for an extension of the Company's facilities to serve your property on England Street near York- town Avenue in our Huntington Beach service area. Decision No. 50580 of the California Public Utilities Commission established conditions under which the Company will extend its facilities. In order to render adequate domestic water service to the above-mentioned property, it will be necessary to install 230 feet of pipe. We will install at our expense 65 feet of pipe for each of the 3 services, service connections, and meters. The additional 35 feet of pipe over the free footage allowance requires the advance payment in the aid of construction in the amount of $245-00. This advance payment in the aid of construction will be refunded without interest in payments equal to the reasonable actual cost of 65 feet of main extension for each additional bona fide service connection directly connected to the main for which the cost is advanced, exclusive of that of any customer formerly served at the same location. Refunds will be made within 180 days after the date of the first service to a bona fide customer. No refunds will be made after a period of ten years from the date of completion of the main extension and the total refund shall not exceed the amount advanced. Costs quoted herein are based on average costs and we reserve the right to ad- just the prices to those prevailing at the time of installation. We will not be responsible for any delay in construction because of factors beyond our con- trol. An adjustment between the estimated and tbE� actual cost will be made within 60 days after the actual cost is ascertained by the utility. If you are in agreement with the provisions as set forth herein, please sign the ori- ginal copy of this letter in the space provided below and return to us with your check in the amount of $245.00. The additional copy is for your files. SOUTilERN GALIFORNIA IVATEP` 7MPANY Mr. L. R. Peterson -2- February 13, 1961 Huntington Beach, California Upon receipt of the executed original copy of this letter and your check, we will complete our plans for this installation. Thank you for your cooperation in this matter. Very truly yours, SOUTHERN CALIFORNIA WATER COMPANY V�'v/ . W. W. Franklin Vice President RLM/pks APPROVED: By, � Date .�i , Z , C!i?,4,Z i BOUTIM CALUA OM OMGP !tea Q! C�o�s�t��ryryof ud QWWW './ 4 obi Datad pQhApyy A P. rOqY»�,m...• District t . Tyve Of amAract _ 4W O '° A"" Tranidto pips i eilit1 i;tasisYl �, wr L0C&+,iOAs . ` t o MUMMOM Dot aii of Cors-truction coot.. Labor D'176Y . d . . r . • a • r • • • . a a • . . • • • ■ s a ♦ • «�� Costs.- Southern ern CaliforniaWater COwIwwq . . ♦ i . + . i a • ! m • Zs k2 Stroot Ylr aci r ► • . r r . • r . • • i r r r • • r r • • V� r • m Y q • r a M r r r Construction �,� 0 0 • i r r.qi A • • . r s +� Ar`#! Total ConstrucYi of r . r r . . •� Loss oest of 2 Qw � 92.96 services A his Ad Owl mint a4yowed cc contraot r . . . . . . . . . r . . . . . r . l ,yes3tY�n Cost as 4E wa a . . . . . . . . . . • . . . a . . • . A . s` .XYXYXW.Y I.Y i.r�l■9M.YeYX• ftfund or Awmt Sus Sout;hera CaUtornis *ter CawgwW '. lo 1 Chip Chasin md.Xonm Lee Chasin P. 0. By agreement dated Ja_ 7 % 1961 between you and the Southern California Water Company we installed water facilities in Tract No. 9 in our Kti = Bmch service area. This agreement provides that you would advance to this Company the sum of $ 1J 74• for this installation. It also provides that following completion of the work, if the cost is found to be less than the amount advanced to the Company, the Company would return to you the difference between the advance and said cost. The total actual cost of the project_ applicable to the agreement was $ 1,,4 . 7 which is $ 1T• 3 less than the amount you ad- vanced. We are pleased to enclose herewith our check in the amount of $ 37,03 as the adjustment due you under the agreement, together with a state- ment of the cost of work installed under the terms of the agreement. We take pride in the fact that we, as an investor-owned, tax paying, regulated utility, are able to make refunds on subdivider's advances. In most cases when the tract is completely built up and occupied over the life of an agreement, the advance is completely repaid. We hope that this agreement will emphasize to you the advantage of doing business with a privately-owned utility such as our own, and we hope that in your future subdivision activities we will again have the opportunity of serving you. We solicit your inquiries at any time you are again considering the purchase of any subdivision land in determining whether or not it is in any of our service areas. Very truly yours, I SOUTHERN CALIFORNIA WATER COMPANY W. W. Franklin, Vice, � s t� bee: W. W. Franklin 1 E. Stang Merle Gooding N-D-7 Gwo 61-543 S.D.Refund (8/lg6o) N-C-1--22% Refund (4/1960) �5 v 00,P.-T A G R E E M E N T CJ THIS AGREEMENT, made and entered into this 2-ST day of �l/IceZrl 19 Gf, by and between CHIP CHASTN and NORMA LFF CHASIN xx individuals xx xgx1-kx* whose address is P. 0. Box 842, Balboa, California, the First Part_ and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S S E T H: WHEREAS, the First Party _ is X= the owner of and/or beneficially interested in: Lots J2 to , inclusive, fronting on Tana Circle, Tract #3950, City of Huntington Beach, County of Orange, State of California. WHEREAS, said First Party desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part_ and said Second Party do hereby mutually covenant and agree as follows : I. Upon the terms hereof Second Party hereby agrees to construct and install the water system shown on the plan hereto attached and marked Exhibit "A" . Unless -1- N-C-1--22� Refund (4/196o) prevented by nonavailability to it of the necessary materials or labor or by other reason beyond its control, said Second Party shall commence the work of such con- struction and installation at a time mutually agreeable and suitable to the construc- tion schedules of both parties hereto and shall prosecute the same diligently to completion. This undertaking by Second Party is, however, further conditioned that (1) said First Part_ shall have made the advance and payment to said Second Party as required by Article III hereof; and (2) said Second Party, without cost to it, shall have been furnished by said First Party with easements or similar rights in favor of said Second Party for the construction, installation and maintenance of said water system across all privately owned lands to be traversed by said water system, which easements or similar rights shall be in form satisfactory to said Second Party and shall be executed by all necessary parties having an interest in said lands; and (3) the streets or alleys in which said water system are to be installed shall have been rough graded, curbs and gutters installed and, at all times during the progress of said work on a given street or alley, such street or alley shall be unpaved and neither the driveways nor sidewalks constructed prior to the completion of said water system, and shall be clear of all sewer or other excavations or obstructions and of all building materials and equipment not necessary to said work, all without expense to said Second Party; and (4) the entire tract of land above described shall be ready for said work as a unit except that if, in the opinion of said First Party_, this is not feasible, then at the written request of said First Part said Second Party will divide said work into several parts and will perform one part thereof at a time if, in said Second Party's sole dis- cretion, such partial construction will not cause inconvenience or undue expense to said Second Party. . , Second Party will hold First Party responsible for any and all damages to the water system and appurtenances connected thereto, caused by sub-contractors or others in grading and other operations. First Part_ hereby agrees to indemnify Second Party for such proper expense as it may be put to repair such damages as aforesaid. In the event that within six months after the date hereof (1) said First Party— shall have failed to furnish the aforesaid easements or similar rights, or (2) said tract of land hereinabove described shall not be ready in its entirety for said work, or (3) said First Party _ shall have failed to make the advances -2- N-C-1--22jlj Refund (4/1g6o) and payment as required by article III hereof, or (4) said work has not actually been commenced, then in such event this Agreement may be terminated at the option of either party hereto by and upon the giving of written notice of such termination to the other such party. Neither party shall incur any liability for damages on account of such termination. Service connections extending from said water system to the lots to be served from said water system will be installed in each case only to the center point of the lot boundary line which is nearest the water system from which the service connection is extended. II. Said First Party_ hereby disclaims, in favor of the Second Party, all right, title and interest in and to said water system and appurtenances and hereby covenants and agrees to transfer and assign to the said Second Party, and does hereby transfer and assign to the said Second Party, any and all right, title and interest, either joint or several, which the First Part_ may have in and to the water system and appurtenances included in said plan hereto attached as Exhibit Said First Part_ agrees to advance and pay to the Second Party for construction of said water system hereinabove mentioned the sum of ONE THOUSAND _FIVE HUNDRED SEV=-FOUR .AND NO/100THS DOLLARS ($l;574.00) upon demand of the Second Party prior to the commencement of construction of said water system. Following completion of the work contemplated herein and within sixty (6o) days after said Second Party has ascertained the actual cost of said work, if the cost thereof, as hereinafter defined, is less than the above advance, Second Party will thereupon return to the First Part—_ the difference between said advance and said cost. If the cost thereof as hereinafter defined is greater than the above advance, First Party_ will thereupon pay, upon demand, to the Second Party the difference between said cost and said advance. Any such difference remaining unpaid by First Part_ by the time refunds are due to be made under the provisions of Article IV, hereof, will be deducted from said refunds to be paid First Part__ by Second Party. Cost, as herein used, means all expenses incurred by the Second -3- I N-C-1--221/�j Refund Party for all material, labor and other items necessary for installation and con- struction of said water system. Said cost shall be as normally set up on the books of the Second Party in accordance with sound accounting practice and as prescribed by the Public Utilities Commission of the State of California. IV. Said Second Party hereby agrees to refund, without interest, to the First Part_, annually, during the month of April of each year after commencement of rendition of service by the Second Party through said water system, a sum equal in each instance, to twenty-two per cent (22%) of the average annual revenue per resi- dential and business customer for the prior calendar year collected by Second Party from consumers whose lines are directly connected to facilities installed under this Agreement. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April lst. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the Agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from consumers whose lines are directly con- nected to the facilities installed under this Agreement. Payment of all refunds is to continue for a period of not exceeding twenty (20) years from the date of this Agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this Agreement" . ) The total of all such refunds shall not exceed the net amount advanced by the First Party_ pursuant to Article III hereof, after giving effect to the adjustments made, according to the provisions of the second paragraph of Article III hereof. V. No municipality, county, political subdivision, public corporation or other public agency which may acquire said water system or any portion thereof shall incur any obligation under this Agreement, either as to payment of refunds or otherwise, and shall not be bound by this Agreement. In the event of any such acquisition, refunds referred to under Article IV of this Agreement shall, subsequent to such acquisition and during the remainder of the terms of this Agreement, continue to accrue and be payable pursuant to the provisions of Article IV hereof except as modified by the provisions of this Article V. Second Party -4- N-C-1--22l!b Refund (4/196o) will make an estimate at the time of such acquisition of the gross revenues which would have been collected by it during the remainder of the term of this Agreement from consumers whose lines are connected to said mains so acquired. This estimated revenue will thereafter be the basis for refunds with respect to the water system so acquired. However, if the net selling price received by Second Party for said water system or portion thereof so acquired shall be less than the cost (as above defined) thereof, the total amount of refunds for said remainder of said term shall be reduced in the same proportion as said net selling price of said water system, or portion so acquired, is reduced below said cost. If said water system or portion thereof shall be so acquired with other property of Second Party for a lump sum selling price, the net selling price of the water system so acquired shall be that portion of said lump sum as Second Party shall determine fairly to represent the net selling price thereof. In the event of any acquisition referred to in this Article V the obligation of Second Party to pay refunds during the remainder of the term of this Agreement may, by mutual consent between the Parties hereto, be discharged by payment to First Party of an agreed lump sum equal to the present worth of an annuity of equal annual payments of the unpaid balance of the advance calculated at six per cent (6%) interest as of the termination date of Agreement. In no event shall the total of all refunds for the entire term of this Agreement exceed the maximum thereof as fixed by said Article IV. In the event of any dispute between the Parties hereto as to the amount of refunds payable pursuant to this Article V., either of the Parties hereto may refer the matter to the Public Utilities Commission and the determination of said Commission on the matter so submitted shall be final and binding upon both Parties hereto. Notwithstanding anything to the contrary contained elsewhere in this Agreement, if, because of any assignment or transfer in any manner, three or more persons (including the First Part if the First Part_ shall have retained the right to receive payment of any portion of such refund -money) shall be entitled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent shall be distributed by said agent to or for the -5- N-C-1--22% Refund (4/1g6o) account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this Agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. VI. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this Agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and. appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VII. It is mutually agreed between the Parties hereto that notwithstanding the advance and payment made by the First Part__ pursuant to Article III hereof, said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other privileges, shall at all times be and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commis- sion. Except as provided in Article V hereof this Agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors, admin- istrators, successors and assigns of the Parties hereto and except as aforesaid, each successor in ownership of Second Party shall be automatically substituted hereunder for its predecessor owner and upon such substitution such predecessor owner shall be automatically released and discharged from all further obligation under this Agreement. VIII. This Agreement shall at all times be subject to such changes or modifi- cations by the Public Utilities Commission of the State of California as said -6- N-C-1--22% Refund (4/1960) Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said CHIP CHASIN and NORMA LEE CHASIN, First Party has caused their named to be hereunto subscribed zx�r�z�z�z�c�c and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. By CHIP CHASIN By NORMAL LEE CHASIN FIRST PART SOUTHERN CALIFORNIA WATER COMPANY Vice President SECOND PARTY ATTESTED: By �l Secretary I i I 30 30 NOTE: Insfall 3/4.1' Copper Service to cen4er oT each to+. . 21� I ( I m 0 OWN ST. \° d 3 1 \� I ' '2 I 2.58 JWA ;fl CIRCLE j CW Ta pping Slecva - Ins{all 41 r- r. 04 4-gTrans. 4��Tappin9 Va``ffve -4 E-I ��13 llfd2 � H ' 2.59 Iq Ln C6 —� 7 8 10 �49 LjW I LLI A v S S ST. �I FSOUTHERN CALIFORNIA WATER COMPANY 16y2 �• PUWT1 NGTOM BEKCN ( c1Ty OF N.B. sysTEM 30, PIPE LlllE INSTALUTIOW IN 20� 20 20� TRACT NO. 39E0 Qs suow�l DIRT �� DIRT DRAWN BY-1I-S- DATE-1-Il-rnl d R�'o CHECKED sY APPROVED BY REVISED FOR RECORD DATE LEGEND EXISTING MAINS------NEW G.V:S NEW R.T.F.N:S ' EXISTING G.V:S ---+---F.N.'S TO NE RESET-- j=NEW STD.F.N:S NEW MAINS �^,� Q SCALE I//= 1001 EST. NO. GGI GWO. NO FRANCHISE NO -Gnns���uinna� N-C-5--22% Subdivider Installs //_3-6a (8/lg6o) go A G R E E M E N T THIS AGREEMENT, made and entered into this l -7rk day of �c�:- tc et, 19 by and between TERRIL INVESTMENT COMPANY a corporation, whose address is 9842 Bolsa Avenue, Santa Ana, California, , the First Part, and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S S E T H: WHEREAS, the First Part is/axx the owner_ of and/or beneficially interested in: Lots # 2 to # 8, inclusive, fronting on Cleveland St. . Lots #13 to #11, inclusive, fronting on 17th St. . Tract #3522, City of Huntington Beach, County of Orange. State of California._ WHEREAS, said First Part desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part yL and said Second Party do hereby mutually covenant and agree as follows : I. This agreement is made pursuant to Sections A-3, C-1 amd C-2b of the Second Party's Rule No. 15 now on file with the Public Utilities Commission of the State of California. -1- N-C-5--22% Subdivider Installs (8/196o) At its own expense and upon the terms hereof, the First Party shall furnish all necessary material and labor for, and shall construct and install, the water facilities (herein sometimes called "water system") shown on the plan hereto attached and marked Exhibit A. Work of construction shall commence promptly after the execution of this agreement and shall be prosecuted diligently to completion. Prior to commencement of the work, First Party shall provide Second Party with such easements and rights-of-way as may be necessary or reason- ably appropriate to the operation of the water system. The mains and appurten- ances shall be installed strictly in accordance with the specifications of Second Party and the installation thereof shall be subject to the approval of the Second Party in all respects. The mains and appurtenances shall be installed by a con- tractor holding a valid contractor's license in accordance with the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of Cali- fornia. Before actual installation of the mains and appurtenances is commenced, First Party will furnish Second Party with the name and license number of the contractor selected and the Second Party will, within 15 days of the receipt of such information, inform First Party in writing whether or not the contractor is acceptable to it. Second Party shall not be responsible or held liable in any manner what- soever for any injury or damage which may be done to any person or property in the course of installation of the mains and appurtenances pursuant to this agree- ment or which may result from such installation and First Part_ agrees to indemnify Second Party and hold it free, safe and harmless of, from and against, any and all liability for the death of or injury to any person or for the loss of or damage to, any property which may arise by reason of the acts done or omitted to be done in the course of installation of said mains and appurtenances, or which may result from such installation and the First Part further agrees to reim- burse Second Party upon demand for all costs and expenses which Second Party may incur in connection with or arising out of any claim which may be made against Second Party for any such death or injury to any person or any such damage to any property. In the event that said water system shall have been constructed in accordance with the above-mentioned plans and specifications and the First Part y shall not then in any other respect be in default under any provisions of this -2- N-C-5--22% Subdivider Installs (8/1960) agreement, the Second Party shall, within a reasonable time after completion of such construction and the approval, if given by the Second Party pursuant to Article II hereof, of the actual cost to the First Part of said work, give the First Part written notice of the Second Party's acceptance of said system, and thereupon, without further act or deed, said system shall become and be the property of, and title thereto shall vest in, the Second Party, and the First Party shall be deemed thereupon to have disclaimed, in favor of the Second Party, all right, title and interest in and to said water system. Nevertheless, but without prejudicing or affecting the vesting of title in the Second Party as aforesaid, the First Party shall, upon request of the Second Party at or after Second Party's aforesaid acceptance of said system, execute and deliver to the Second Party an instrument or instruments of conveyance or further assurance, in form and substance satisfactory to the Second Party, conveying or transferring said water system and related easements and rights-of-way to the Second Party. The First Part hereby warrants that (1) the title to said water sys- tem when vested in the Second Party pursuant to the foregoing provisions of this Article I will be free and clear of any and all liens, charges and encumbrances whatsoever excepting only the lien of the then current taxes and assessments assessed against and relating to said water system, and (2) prior to such vesting of said title in the Second Party said water system shall not have been used for service of water to any person or for any purpose whatsoever. The First Part expressly agrees that the agreements and warranties contained in this Article I shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. II. First Part agrees that promptly upon written notice from the Second Party, First Party will, at its own expense, furnish to the Second Party a detailed statement of all expenditures to be made by it in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the Second Party to segregate the expenditures for labor, materials and hauling. The total amount of said estimated expenditures as shown by said statement shall be the sum of $ 4,251.00 Following the com- pletion of the work contemplated herein First Party shall furnish Second Party -3- N-C-5--22% Subdivider Installs (8/196o) with invoices of all actual expenditures made by the First Part y for labor, materials and hauling in the construction of said water system. Second Party shall have a period of sixty (60) days from the date of the furnishing of said invoices to it to ascertain and approve or disapprove the actual cost to the First Part y of said work. Such cost as so determined and if so approved shall be the total maximum amount to be refunded by the Second Party pursuant to Article III hereof. III. Said Second Party hereby agrees to refund, without interest, to the First Part, annually, during the month of April of each year after commence- ment of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22%) of the average annual revenue per residential and business customer for the prior calendar year collected by Second Party from all such customers whose lines are directly connected to said water system. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April lst. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from customers whose lines are directly connected to the facilities installed under this agreement. Payment of all re- funds is to continue for a period of not exceeding twenty (20) years from the date of. this agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this agreement" . ) The total of all such refunds shall not ex- ceed the amount of actual cost (determined and approved as provided in Article II hereof) of the work of constructing said water system. The obligation of the Second Party to make any such refund shall be subject to the express condition precedent that pursuant to Articles I, II hereof the Second Party shall have accepted said water system and ascertained and approved the actual cost thereof to the First Part. Notwithstanding anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any manner, three or more -4- N-C-5--22% Subdivider Instals (8/196o) persons, (including the First Party , if the First Party shall have retained the right to receive payment of any portion of such refund money) shall be en- titled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent shall be distributed by said agent to or for the account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. V. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which maybe levied upon said water system and appurtenances or any part thereof. VI. It is mutually agreed between the Parties hereto that said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other priv- ileges, shall, upon and at all times after acceptance of said water system by the Second Party pursuant to Article I hereof, become and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commission. This agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors, administrators, successors and assigns of -5- N-C-5--22% Subdivider Installs (8/1960) the Parties hereto and each successor in ownership of Second Party shall be automatically substituted hereunder for its predecessor owner and upon such sub- stitution such predecessor owner shall be automatically released and discharged from all further obligation under this agreement. VII. This agreement shall at all times be subject to such changes or modi- fications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said TERRIL INVESTMENT COMPANY First Party , has caused its name_ to be hereunto subscribed by and its corporate seal duly affixed; and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. TERRIL INVESTMENT COMPANY FIRST PARTY SOUTHERN CALIFOR IA WATER COMPANY By Vice President By Secretary SECOND PARTY -6- i 1 1� NOTE : Ins/�all 3 d.", Copper services +0 Install er-lushou� cer�er o a'll lots. 88 56 tl � I Iry .o 15 2 >' C.1._ 9 � � LU G��x G"' -re e �o v o 16'/2 10 II 1 2 `� Ins all 6"*x d 2'/2"S I-1. _ 13 w G�V G"G.I.T e Gn 81'Trons. ESA`_468 6"G" r�&_Trans� ex ski n9 ---- -- --- �)L 2'/2"RTi 90 rpUNTI�IGTO'W ME. 8s�� SOUTHERN CALIFORNIA WATER COMPANY 8°x6'C.t.1ee 8„x6��C.iTee rV"" NUNTINGTO*1 SEAGH SYSTEM PIPE LINE ITJSTALLATIOV.! IN TRACT NO. 3S22 A5 S140WN1 ; DRAWN BT J.S. DA-M CHECKED BY- APPROVED APPROVED BY REVISED FOR RECORD DATE ' LEGEND EXISTING MAINS------NEW G.V.'S NEW R.T.F.H:S EXISTING G.V:S --e F.N:S TO BE RESET NEW STD.F.H.'S NEW MAINS SCALE ►�-100' EST. NO. ZAA GWO. NO FRANCHISE NO GonsFi}ufional I l 0 Form 3 !"',INTER - OFFICE MEW WRITE IT - DON'T SAY IT ✓ To: Reed J >:sen Date From: Ed Stang Subject: Will you please change the address on the contract with Harper Development Company, NO 60 783, Tract 3534 to: Harper Development Company 8311 Garfield Street Huntington Beach, California o i 7-zz-G o Form 594 A G R E E M E N T THIS AGREEMENT, made- and entered into this lst day of July , 19__EQ, by and between HARPER DEVELOPMENT CO., a partnership, ax==ra_kion, whose address is 12351 Westminster Avenue, Santa Ana, California, the First Party , and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W ITNESSETH: WHEREAS, the First Part is/a= the owner_ of and/or beneficially interested in: Lots 1 to 7, inclusive, fronting on Laura ali-� Lots 8 to 18 inclusive, fronting on Gregory Lane, Tract 3534, City of Huntington Beach, County of Orange, State of California, 9 WHEREAS, said First Party desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements I ' contained herein and the performance thereof by the Parties hereto, said First i j Party and said Second Party do hereby mutually covenant and agree as follows: I This agreement is made pursuant to Sections A-3, C-1 and C-2b of the I Second Party's Rule No. 15 now on file with the Public Utilities Commission of i the State of California. i Form 594 At its own expense and upon the terms hereof, the First Party shall furnish all necessary material and labor for, and shall construct and install, the water facilities (herein sometimes called "water system") shown on the plan hereto attached and marked Exhibit A. Work of construction shall commence promptly after the execution of this agreement and shall be prosecuted diligently to completion. Prior to commencement of the work, First Party shall provide Second Party with such easements and rights-of-way as may be necessary or reason- ably appropriate to the operation of the water system. The mains and appurten- ances shall be installed strictly in accordance with the specifications of Second Party and the installation thereof shall be subject to the approval of the Second Party in all respects. The mains and appurtenances shall be installed by a con- tractor holding a valid contractor's license in accordance with the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of Cali- fornia. Before actual installation of the mains and appurtenances is commenced, First Part will furnish Second Party with the name and license number of the contractor selected and the Second Party will, within 15 days 'of the receipt of such information, inform First Party in writing whether or not the contractor is acceptable to it. Second Party shall not be responsible or held liable in any manner what- soever for any injury or damage which may be done to any person or property in the course of installation of -the mains and appurtenances pursuant to this agree- ment or which may result from such installation and First Part agrees to indemnify Second Party and hold it free, safe and harmless of, from and against, any and all liability for the death of or injury to any person or for the loss of or damage to, any property which may arise by reason of the acts done or omitted to be done in the course of installation of said mains and appurtenances, or which may result from such installation and the First Part further agrees to reim- burse Second Party upon demand for all costs and expenses which Second Party may incur in connection with or arising out of any claim which may be made against Second Party for any such death or injury to any person or any such damage to any property. In the event that said water system shall have been constructed in accordance with the above-mentioned plans and specifications and the First Party shall not then in any other respect be in default under any provisions of this 2 _ i Form 594 agreement, the Second Party shall, within a reasonable time after completion of such construction and the approval, if given by the Second Party pursuant to Article II hereof, of the actual cost to the First Party of said work, give the First Part written notice of the Second Party's acceptance of said system, and thereupon, without further act or deed, said system shall become and be the property of, and title thereto shall vest in, the Second Party, and the First Party shall be deemed thereupon to have disclaimed, in favor of the Second Party, all right, title and interest in and to said water system. Nevertheless, but without prejudicing or affecting the vesting of title in the Second Party as aforesaid, the First Party shall, upon request of the Second Party at or after Second Party's aforesaid acceptance of said system, execute and deliver to the Second Party an instrument or instruments of conveyance or further assurance, in form and substance satisfactory to the Second Party, conveying or transferring said water system and related easements and rights-of-way to the Second Party. The First Part hereby warrant, that (1) the title to said water sys- tem when vested in the Second Party pursuant to the foregoing provisions of this Article I will be free and clear of any and all liens, charges and encumbrances whatsoever excepting only the lien of the then current taxes and assessments assessed against and relating to said water system, and (2) prior to such vesting of said title in the Second Party said water system shall not have been used for service of water to any person or for any purpose whatsoever. The First Part expressly agrees that the agreements and warranties contained in this Article I shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. Ir First Part agrees that promptly upon written notice from the Second Party, First Party_ will, at its own expense, furnish to the Second Party a detailed statement of all expenditures to be made by it in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the Second Party to segregate the expenditures for labor, materials and hauling. The total amount of said estimated expenditures as shown by said statement shall be the sum of $ 5,46o.00 Following the com- pletion of the work contemplated herein First Part shall furnish Second Party with invoices of all actual expenditures made by the First Part for labor, 3 Form 594 materials and hauling in the construction of said water system. Second Party shall have a period of sixty (60) days from the date of the furnishing of said invoices to it to ascertain and approve or disapprove the actual cost to the First Party of said work. Such cost as so determined and if so approved shall be the total maximum amount to be refunded by the Second Party pursuant to Article III hereof. III Said Second Party hereby agrees to refund, without interest, to the First Partyr, annually, during the month of April of each year after commence- ment of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22,) of the average annual revenue per residential and business customer for the prior calendar year collected by Second Party from all such customers whose lines are directly connected to said water system. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April lst. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from customers whose lines are directly connected to the facilities installed under this agreement. Payment of all re- funds is to continue for a period of not exceeding twenty (20) years from the date of this agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this agreement" .) The total of all such refunds shall not ex- ceed the amount of actual cost (determined and approved as provided in Article II hereof) of the work of constructing said water system. The obligation of the Second Party to make any such refund shall be subject to the express condition precedent that pursuant to Articles I, II hereof the Second Party shall have accepted said water system and ascertained and approved the actual cost thereof to the First Part. IV Notwithstanding anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any manner, three or more persons, (including the First Party , if the First Part shall have retained _ 4 _ Form 594' the right to receive payment of any portion of such refund money) shall be en- titled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons . All such money so paid to said agent shall be distributed by said agent to or for the account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. _ V Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VI It is mutually agreed between the Parties hereto that said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other priv- ileges, shall, upon and at all times after acceptance of said water system by the Second Party pursuant to Article I hereof, become and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commission. This agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors,administrators, successors and assigns of the Parties hereto and each successor in ownership of Second Party shall be - 5 _ STATE OF CALIFORNIA 1 COUNTY OF ORANGE ss. Jul 1� 1960 On. ..................................... a _ before me, the undersigned, a Notary Public in and for said County and State, personally appeared �U I HAROLD HARPER AND IVAN H. HARPER o� ---------------------------------------- ----------------------- -----------•--- I � ..._....-._---------------------'--------.._.__.-------.---------......................... , M F o known to me to be the partners of the partnership that executed the within instrument and acknowledged to F me that such partnership executed the .same. < WITNESS my hand and official seal. ' G.. --••-----•--•-----•..............•----........ (Seal) Notary Public in and for said County and State. EI?ITH COLE MY COMMISSION EXPIRES FEB. 28, 1964 Form 594 automatically substituted hereunder for its predecessor owner and upon such sub- stitution such predecessor owner shall be automatically released and discharged from all further obligation under this agreement. VII This agreement shall at all times be subject to such changes or modi- fications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said HARPER DEVELOPMENT CO. , First Party , has caused its name_ to be hereunto subscribed by HAROLD HARPER AND IVAN H. HARPER and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. HARPER DEVELOPMENT CO. s (SEAL) B j By_t2L ZE�� FIRST PARTY SOUTHERN CALIFORNIA WATER COMPANY 1 (SEAL) By vx�, � . '; Vice President By Secretary SECOND PARTY - 6 - �41e�enme fn ` THE CITY OF HUNTINGTON BEACH MAP ON FILE WITH CITY CLERK F EVAI.dS BUILDING COMPANY 9842 Bolsa Ave., Santa Ana, Calif. February 16, 1960 Southern California Water Co., 11911 S. Vermont Los .Angeles 44, Calif. Gentlemen: Reference is made to agreement by and between Evans Building Company and Southern California Water Company dated October 2, 1959, on Tract 5126, City of Huntington Beach, Calif. We hereby assign equal one—third interests in this Agreement as follows: 1/3 -to Claude L. Noragon or Evelyn Noragon 7155 Lime Street Long Beach, Calif. 1/3 to Ralph M. Davis or Frances K. Davis 1222 S. Hickory Street Santa Ana, Calif. The remaining 1/3 interest is retained by Evans Building Company. You are hereby authorized and directed to mail to each of the above named interested parties an instrument showing these assignments and refund proceeds as these become available. Very truly yours, EV-MiS BUILDING COMP, _ r / ram'` - ,MY� %�J/� f(///� •raj -,� �r _ J President cc Claude L. Noragon Secretary Ralph M. Davis SOUTHERN CALIFORNIA WATER COMPANY GENERAL OFFICES ✓� 11911 SOUTH VERMONT AVENUE , Los ANGEL Es 44, CALIFORNIA N A 3,. L L) Be: .Adv=e s in Aid of .t 0=t%- t1 CoAtract dated October . ' 9 ;90 "'�-261 x io to yaw let er'cif !6p 6,, it wh cu ym adsigned your lath vt'$n tho above t followat 7135 /3. Fr` ea K® Davis 12P21 R ; Vicar a , Cal 1/3 to &dj4j4g - to At= awauAl � �?e arc to c . tl p-. w COMP oaf . Tab vo, wwiv i I i io-9-sq Form 594 i� A G R E E M E N T THIS AGREEMENT, made and entered into this IIC' day of 0L 7�o DE'r 19<a, by and between EVANS BUILDING COMPANY O�inalc;cxag��si a corporation, whose address is 9842 Bolsa Avenue, Santa Ana, California , the First Party , and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S SETH: WHEREAS, the First Party is/ane: the owner_ of and/or beneficially interested in: Lots #1 to #14, inclusive, fronting on Lisa Street; Lots #15 to #25, inclusive, fronting on Carolyn Street; Lots #26 to #29, inclusive, fronting on Kathera.ne Avenue; Lots #30 to #34, inclusive, fronting on Garfield Avenue. Tract #L3126, City of Huntington Beach, County of Orange, State of California. WHEREAS, said First Part y desire3 that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part y and said Second Party do hereby mutually covenant and agree as follows: I This agreement is made pursuant to Sections A-3, C-1 and C-2b of the Second Party's Rule No. 15 now on file with the Public Utilities Commission of the State of California. Form 594 At its own expense and upon the terms hereof, the First Part y shall furnish all necessary material and labor for, and shall construct and install, the water facilities (herein sometimes called "water system") shown on the plan hereto attached and marked Exhibit A. Work of construction shall commence promptly after the execution of this agreement and shall be prosecuted diligently to completion. Prior to commencement of the work, First Party shall provide Second Party with such easements and rights-of-way as may be necessary or reason- ably appropriate to the operation of the water system. The mains and appurten- ances shall be installed strictly in accordance with the specifications of Second Party and the installation thereof shall be subject to the approval of the Second Party in all respects. The mains and appurtenances shall be installed by a con- tractor holding a valid contractor's license in accordance with the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of Cali- fornia. Before actual installation of the mains and appurtenances is commenced, First Parts will furnish Second Party with the name and license number of the contractor selected and the Second Party will, within 15 days of the receipt of such information, inform First Party in writing whether or not the contractor is acceptable to it. Second Party shall not be responsible or held liable in any manner what- soever for any injury or damage which may be done to any person or property in the course of installation of the mains and appurtenances pursuant to this agree- ment or which may result from such installation and First Part y agrees to indemnify Second Party and hold it free, safe and harmless of, from and against, any and all liability for the death of or injury to any person or for the loss of or damage to, any property which may arise by reason of the acts done or omitted to be done in the course of installation of said mains and appurtenances, or which may result from such installation and the First Part y further agrees to reim- burse Second Party upon demand for all costs and expenses which Second Party may incur in connection with or arising out of any claim which may be made against Second Party for any such death or injury to any person or any such damage to any property. In the event that said Crater system shall have been constructed in accordance with the above-mentioned plans and specifications and the First Party shall not then in any other respect be in default under any provisions of this 2 - Form 594 agreement, the Second Party shall, within a reasonable time after completion of such construction and the approval, if given by the Second Party pursuant to Article II hereof, of the actual cost to the First Part y of said work, give the First Part written notice of the Second Party's acceptance of said system, and thereupon, without further act or deed, said system shall become and be the property of, and title thereto shall vest in, the Second Party, and the First Party shall be deemed thereupon to have disclaimed, in favor of the Second Party, all right, title and interest in and to said water system. Nevertheless, but without prejudicing or affecting the vesting of title in the Second Party as aforesaid, the First Part y shall, upon request of the Second Party at or after Second Party's aforesaid acceptance of said system, execute and deliver to the Second Party an instrument or instruments of conveyance or further assurance, in form and substance satisfactory to the Second Party, conveying or transferring said water system and related easements and rights-of-way to the Second Party. The First Party hereby warrants that (1) the title to said water sys- tem when vested in the Second Party pursuant to the foregoing provisions of this Article I will be free and clear of any and all liens, charges and encumbrances whatsoever excepting only the lien of the then current taxes and assessments assessed against and relating to said water system, and (2) prior to such vesting of said title in the Second Party said water system shall not have been used for service of water to any person or for any purpose whatsoever. The First Part v expressly agrees that the agreements and warranties contained in this Article I shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. II First Part y agrees that promptly upon written notice from the Second Party, First Party— will, at. -its own expense, furnish to the Second Party a detailed statement of all expenditures to be made by it in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the Second Party to segregate the expenditures for labor, materials and hauling. The total amount of said estimated expenditures as shown by said statement shall be the sum of $ 7,610.00 . Following the com- pletion of the work contemplated herein First Part V shall furnish Second Party with invoices of all actual expenditures made by the First Part v for labor, - 3 - Form 594 4 materials and hauling in the construction of said water system. Second Party shall have a period of sixty (60) days from the date of the furnishing of said invoices to it to ascertain and approve or disapprove the actual cost to the First Part of said work. Such cost as so determined and if so approved shall be the total maximum amount to be refunded by the Second Party pursuant to Article III hereof. III Said Second Party hereby agrees to refund, without interest, to the First Part, annually, during the month of April of each year after commence- ment of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22f) of the average annual revenue per residential and business customer for the prior calendar year collected by Second Party from all such customers whose lines are directly connected to said water system. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April 1st. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the agree- ment. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from customers whose lines are directly connected to the facilities installed under this agreement. Payment of all re- funds is to continue for a period of not exceeding twenty (20) years from the date of this agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this agreement".) The total of all such refunds shall not ex- ceed the amount of actual cost (determined and approved as provided in Article II hereof) of the work of constructing said water system. The obligation of the Second Party to make any such refund shall be subject to the express condition precedent that pursuant to Articles I, II hereof the Second Party shall have accepted said water system and ascertained and approved the actual cost thereof to the First Part y . IV Notwithstanding anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any manner, three or more persons, (including the First Party , if the First Part y shall have retained - 4 - Form 594 the right to receive payment of any portion of such refund money) shall be en- titled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons . All such money so paid to said agent shall be distributed by said agent to or for the account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. V Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VI It is mutually agreed between the Parties hereto that said. water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other priv- ileges, shall, upon and at all times after acceptance of said water system by the Second Party pursuant to Article I hereof, become and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commission. This agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors,administrators, successors and assigns of the Parties hereto and each successor in ownership of Second Party shall be 5 - �►: 7q Form 594 automatically substituted hereunder for its predecessor owner and upon such sub- stitution such predecessor owner shall be automatically released and discharged from all further obligation under this agreement. VII This agreement shall at all times be subject to such changes or modi- fications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said First Party, has caused yt .: name— to be hereunto subscribed by and its corporate seal duly affixed; and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. EVANS BUILDING COMPANY _ (SEAL) By By__ / FIRST PART Y SOUTHERN CALIFORNIA WATER COMPANY (SEAL) By 91:t, -7 ce President By Secretary SECOND PARTY - 6 - InsialI A" F0. Install d"FO. I co o 0 21 Y U � G :2 c Nm 17 112ro T ,x `p � 0 L3 ti z ���'�6 ' 13 � 6 v - p -- - Lo 00 =4 o U O cyo I S 14 'p q- 5 ; 32.18 ®' 68.8a' 10.06 6X6" l.Tee "Hans. � � 6"cl.atu9 H d KATHEPINE AVE °� 18.08 .00 25 = f, a6 60' 2 50.1 ' 26 `'' N .a, N ( N- C17 �-N-Q�C-- r 7 28 29 -J_ � m 4 JD I" rI -t --- 60 ~ '� U SOUTHERN CALIFORNIA WATER COMPANY ��• to +�-� L HUNTINGTON BEACH CITY01WUNTINGTON" 34 i 33 1 32 1 31 30 `XC1� d sYST;EM j of Lo(Q�o — I — _�'N I C� (n PIPE LINE INSTALLATION INC LI) c TRACT No 312G 60,15 62.5�0 62.60 62.25' A3.56' G"GV 6A.d0 6-Trans- 6" r. co 6X6"C I.Tee DRAWN BY nn '+ L DATE 8 -2 A -59 6'G V. GAR F I E LD --� AV E �, f . CHECKED BY APPROVED ®Y REVISED FOR RECORD DATE LEGEND Q EXISTING MAINS-e---_NEW G.Y.'S �-NEW R.T.F.H:S y EXISTING G.V:S ---o--..- F.H.'S TO BE RESET NEW STO.F.H:S kFW MAINS v SCALE I°=100' EST. NO,9151 GWO. NO, FRANCHISE NO SHEET I OF 2 SHEETS 16i i 6d. 168 44 lbo 2 !4 283 376 132 R I ml c �i 1011.76 I c ui I I SEE SHEET N° 1 Q �I (91 m 1 721 � i CA \ \ . J . lto I a 6 cl.� _--4 Trans_�S$3-5a-- ----- ------&Trans_A4.o7-48 ------- - ----- =-- 6"Trans I 6aTpans= .59 --- "C.I. 5516-50 � �CD I d 66.31 i GAP - - --- — - ------ -�i o FI ELD AVE t*3 , o- 1 W Remove,Exist.!AO: Connecf 2 6"CI.a5�6ends _ Ix i �� M,4"CI.-Plug Red U •w• I z o 'coI o � �I 5 z •t,l ¢ 1- I Z P", L 70 68" I SOUTHERN CALIFORNIA WATER COMPANY HUNTI NGTON BEACH(CITY OF HUNTINGTON 3CjJ tySTEpA PIPE LINE INSTALLATION iN TRACT N- 3126 DRAWN ®Y M I L DATE— 24-59 CHECKED BY APPROVED BY REVISED FOR RECORD DATE LEGEND EXISTING MAINS ----NEW G.V.'S "Now.es®NEW R.T.F.H:S EXISTING G.V:S ---o--RH:S TO BE RESET NEW STD.F.H:S NEW MAINS SCALE I"=I On • EST. NO. 15 1 GWO. NO FRANCHISE NO SHEET 2 OF 2 SHEETS i l�' December 21, 1963 Southern California Water Company 11911 South Vermont Avenue Post Office Box 44802 Los Angeles _44, California Dear Mrs. Kosey: This letter is to inform you that the location of the tract upon which we are to receive a refund was constructed in Huntington Beach, California, and the tract number is 2558• I am the president of Anaheim Realty, Incorporated. Thank you very much for your diligence in this matter. Sincerely yours, G / ROBERT L. WETZLER, Presi nt A� eim Re ,c Post ice Box 221 ' Anaheim, California RLW/mio Form 594 (Revised 3/25/58) C 0 O � . A e R E E M E N T �4 THIS AGREEMENT, made and entered into this day of J u u c , 19 , by and between ANAHEIM REALTY, INC. an individual, a partnership, a corporation, whose address is 10002 Stanton Avenue, Anaheim, California , the First Party, and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the' Second Party, W I T N E S S E T H: WHEREAS, the First Party is/a= the owner_ of and/or beneficially interested in: Lots #1 to #7, inclusive, fronting on Taylor Avenue; Lots #8 to #17, inclusive, fronting on Thomas Circle; Lots #18 to #27, inclusive, fronting oa. Roberta Circle; Lots #28 to #40, inclusive, fronting on Lisa Street; Lots #41 to #57, inclusive, fronting on Taylor Avenue, Tract #2558, City of Huntington Beach, County of Orange, State of California. WHEREAS, said First Party desires that water service be provided and maintained to said property; and WHEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commis- sion o: the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part and said Second Party do hereby mutually covenant and agree as follows:, I. This agreement is made pursuant to Sections A-3, Q-1 and C-2b of the Second Party's Rule No. 15 now on file with the Public Utilities Commission of the State of California. Form 594 (Revised 3/25/58) At its own expense and upon the terms hereof, the First Part shall furnish all necessary material and labor for, and shall construct and install, the water facilities (herein sometimes called "water system") tbown on the plan hereto attached and marked Exhibit A. Work of construction shall commence promptly after the execution of this agreement and shall be prosecuted diligently to completion. Prior to commencement of the work, First Party shall provide Second Party with such easements and rights-of-way as may be necessary or reason- ably appropriate to the operation of the water system. The mains and appurten- ances shall be installed strictly in accordance withthe specifications of Second Party and the installation thereof shall be subject to the approval of the Second Party in all respects. The mains and appurtenances shall be installed by a con- tractor holding a valid contractor's license in accordance with the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of Calif- ornia. Before actual installation of the mains and appurtenances is commenced, First Party will furnish Second Party with the name and license number of the contractor selected and the Second Party will, within 15 days of the receipt of ' such information, inform First Party in writing whether or not the contractor is acceptable to it. Second Party shall not be responsible or held liable in any manner what- soever for any injury or damage which may be done to any person or property in the course of installation of the mains and appurtenances pursuant to this agree- ment or which may result from such installation and First Party agrees to indemnify Second Party and hold it free, safe and harmless of, from and against, any and all liability for the death of or injury to any person or for the loss of, or damage to, any property which may arise by reason of the acts done or omitted to be done in the course of installation of said mains and appurtenances, or which may result from such installation and the First Party further agrees to reim- burse Second Party upon demand for all costs and expenses which Second Party may incur in connection with or arising out of any claim which may be made against Second Party for any such death or injury to any person or any such damage to any property. In the event that said water system shall have been constructed in accordance with the above mentioned plans and specifications and the First Party shall not then in any other respect be in dafault under any provisions of this agreement, the Second Party shall, within a reasonable time after completion of such construction and the approval, if given by the Second Party pursuant to - 2 - Form 594 (Revised 3/25/58 Article II hereof, of the actual cost to the First Party of said work, give the First Party written notice of the Second Party's acceptance of said system, and thereupon, without further act or deed, said system shall become and be the property of, and title thereto shall vest in, the Second Party, and the First Part shall be deemed thereupon to have disclaimed, in favor of the Second Party, all right, title and interest in and to said water system. Nevertheless, but without prejudicing or affecting the vesting of title in the Second Party as aforesaid, the First Party shall, upon request of the Second Party at or after Second Party's aforesaid acceptance of said system, execute and deliver to the Second Party an instrument or instruments of conveyance or further assurance, in form and substance satisfactory to the Second Party, conveying or transferring said water system and related easements and rights-of-way to the Second Party. The First Party hereby warrants that (1) the title to said water sys- tem when vested in the Second Party pursuant to the foregoing provisions of this Article I will be free and clear of any and all liens, charges and encumbrances whatsoever excepting only the lien of the then current taxes and assessments assessed against and relating to said water system, and (2) prior to such vesting of said title in the Second Party said water system shall not have been used for service of water to any person or for any purpose whatsoever. The First Party expressly agrees that the agreements and warranties contained in this Article I shall survive the performance of the remainder of this agreement and shall remain in full force and effect notwithstanding such performance. II. First Party agrees that promptly upon written notice from the Second Party, First Party will, at its own expense, furnish to the Second Party a detailed statement of all expenditures to be made by it in connection with the installation of the mains and appurtenances. Said statement shall be in such form as to readily enable the Second Party to segregate the expenditures for labor, materials and hauling. The total amgun f i estimat;e-d/expenditures as shown by said statement shall be the sum of $ i Following the completion of the work contemplated herein First Party shall furnish Second Party with invoices of all actual expenditures made by the First Party for labor, materials and hauling in the construction of said water system. Second Party shall have a period of sixty (6o) days from the date of the furnishing of said invoices to it to ascertain and approve or disapprove the actual cost to the First Party of said work. Such cost as so determined and if so approved shall be the total - 3 _ Form 594 (Revised 3/25/58) maximum amount to be refunded by the Second Party pursuant to Article III hereof. III. Said Second Party hereby agrees to refund, without interest, to the First Party , annually, during the month of April of each year after commence- ment of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty-two per cent (22%) of the average annual revenue per residential and business customer for the prior calendar year col- lected by Second Party from all such customers whose lines are directly con- nected to said water system. Such average annual revenue per residential and business customer is to be effective on April lst, and used until the following April 1st. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the princi- pal sum of the agreement. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from customers whose lines are directly connected to the facilities installed under this agreement. Payment of all refunds is to continue for a period of not exceeding twenty (20) years from the date of this agreement. (Said twenty (20) year period being here- inafter referred to as the "term of this agreement".) The total of all such refunds shall not exceed the amount of actual cost (determined and approved as provided in Article II hereof) of the work of constructing said water system. The obligation of the Second Party to make any such refund shall be subject to the express condition precedent that pursuant to Articles I, II hereof the Second Party shall have accepted said water system and ascertained and approved the actual cost thereof to the First Party IV. Notwithstanding anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any manner, three or more persons, (including the First Party ,. if the First Party shall have retained the right to receive payment of any portion of such refund money) shall be entitled to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party Only to an agent of said persons for their several accounts. Such agent shall be selected by said persons and shall be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent shall be distributed by said agent to or for the - 4 - FoxT, 594 3/25/58 account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a com- plete discharge of the Second Part, from all liability or accountability under this agreement or otherwise with respect to the money so paid; and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. V. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall at all times pay all liens and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VI. It is mutually agreed between the Parties hereto that said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other priv- ileges, shall, upon and at all times after acceptance of said water system by the Second Party pursuant to Article I hereof, become and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rate;, rules and.. regulations of the Second Party as from time to time in effect and on file with the Public Util- ities Commission. This agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors administrators, successors and assigns of the Parties hereto and each successor in ownership of Second Party shall be automatically substituted hereunder for its predecessor owner and upon such substitution such predecessor, owner shall be automatically released and discharged from all further obligation under this agreement. -VIll This agreement shall at all times be subject to such changes or modifi- cations by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. - 5 - Form 594 (Revised 3/25/58) IN WITNESS WHEREOF, said ANAHEIM REALTY, INC. First Party , has caused its name_ to be hereunto subscribed by and its cor- porate seal duly affixed; and SOUTHERN CALIFORM WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. ANAHEIM REALTY, INC. (SEAL) By FIRST PARTY SOUTHERN CALIFORNIA WATER COMPANY (SEAL) By Wc_..�_ ViNce President By —� Secretary SECOND PARTY _ 6 _ I a d ) i'� u 5r 5d 53 52 T JI ,t� dq �g 17 � d6 a5 i Gd d3 � .12 11 � � 60 G ��Install4�Fo1u hOut > d 66 I11 J7 1 �6 i r G t u�i TO 1 'off ` �' m Install 6z I 1 Instaill6xAx'M'Sid,F H c, F N 6'X6"CILTee In ta116Xd 2/2 Std. e 6X� "CI.- r as �I"! Um � ? 6„GV ; (( \ 6X6'C1.6Tr�v 6„GV. 12.0 �� 0.a 1 `i a ^� `4 I 10:85 IA.39 1n x t v� m -5'V2 m i U Q� I f r Lo ; 2d.3d 3 ( 7. 2 2' 62' O 2' 60: 1 I 39 41.56 60' t 60 -�-� 6" vans 4 6"Trans• O� In " O 6„Trans. ( 6"Gv © AVE. I, 4 Gv. 6xd"CI.Tee / d'GV• 6"Gv. 1 }il 6 GV `•Pi TAY LO R a8 82 82.37 C I.Tee 82.13 82.37 / 82.13' 82.18 � 38 c' N 4A.90' • 61.60 " " 61.60' 6A.72 3.93� cy� R �� S?, I I cD Q ' j 6.4D �' ?0 �, ?o io 20 I j 8 �_" 00 17 13 `J 21 I 28 Qom _ i I 50 j1 6E�I �`{Ii II III I 14 ---� 5U0 • c 37 5 49- L� Iq J � l U 9 c 1 19 26 I 2 n 7 5%2 5 2 U 36U 9. 7 9:579.89 I' __Z-Insta II d"Fiushoul �� Cp ~ I� 10 co_ 15 it' �"� Q �" 25 ',C, a• is o.4 I ! a c (o U O� W O OD 1. co O lip 31 J / a 4 2 Q 34 � �93 �Z 5 -sue �ns+al Flush u+ ) Install Flush u+ r 7 12 I 22 23 3- 60 c4 33 z '11v ns+ail d"Flushou+ I 6b I�6 SOUTHERN CALIFORNIA WATER COMPANY HUNTINGTON BEACH(cm_oF.nuuTlacTo!-e sysTiciA PIPE LINE INSTALLATION IN TRACT N' 2558 DRAWN 0Y u J L DATC - 4-8-59 CHECKED 8Y APPROVED BY REVISED FOR RECORD DATE LEGEND Q EXISTING MAINS------NEW G.V.'S wmmo�NEW R.T.F.M.S- +�� EXISTING G.V:S ---e---F.N:S TO BE RESET==NEW STD.►.N:S ' NEW MAINS SCALE IL Ino• EST. 110._$7_7L_ GWO.NO FRANCHISE NO 120 Form. M-426 SOUTHERN CUIFORNIA WATER OO,.,rANY Statement of Cost of Work Installed under Consumer's Advance in Aid of Construction Contract Date AMM,ji Our General Work MmtinClm E,z4hUnion �._ l ...,triet Order Number i 7N Date of contract tot r Is 1 ________Date work was completed_JlLly 31# -- Type of facilities installed 6630 .. ! Location A, oft stftot A _ . . 24 ft DO IR Detail of Construction Cost: Material Labor Costs: Contract_ ._,,� �,,_,_____ _—_�_.�.� r► w Southern California Water Company_ Street resurfacing— Overhead_______-- — Amount advanced on above contract r Actual construction cost of completed work as shown above .._w Balance Amount �► ___. —�.... PKS: 8/24/55 September 10, 195'T Runtington Beach tlaioa l, DIstrict ckmtiemea: Oa ruarY 7, 1957, we entered" izato a ref *=tract vita the Sdml District to :natan a r .imeate7 r 663 feet or a- ite main in main su mt ism mansimAvemw to Aveww In lomtiostw to Provide - tiowl Fire WO®ction for i s High Sal =d is subject tQ vermd as 4434ned is the agrewant. Us es tart coat of the inatal2stim as set i is tko t was :500. Attadbed is a otatAnwt of the acts, cyst of the work which &ban that the job cost $4,O 5. 3. We ull appnoisto yo= aback in poywnt for the corm as provi4od ibr in the agroeomt. Very tr4u , SOU `' CA . TA WATM COMMY Philip F. Wad Vice Prosidmt PFW/is Attach. August 9i 1957 Philip F. Walsh N. C. We ►n An February 2. 1957s ve executed a contract with the Strntington Beach Union Sigh School to i r stall a main extension to provide fire protection to the Huntington Beach Union Sigh School. As there vere tiro main paints of vari,at4on between that contract and the Hub Ixtension Ruse., ve filed a copy of the contrast vith the Public Utilities Commission. Under dates of August 5th ae were advised that the Commission authorized the agree- ment to berme effective on the date of its execution# by Resolution No, W-537. IS:W ►FLI, SEf of fN .uuw COMMISSIONERS �� a PETER E.MITCHELL,PRESIDENT °41 JUSTUS F.CRAEMER Y p RAY E.UNTEREINER :.. •., MATTHEW J.DOOLEY REX HARDY pubttr 11#ttt#trs Tontnttontntt STATE OF CALIFORNIA August 5, 1957 ADDRESS ALL COMMUNICATIONS 607 FILE No, CALIFORNIA STATE BUILDING TO THE COMMISSION SAN FRANCISCO 2.CALIF. Southern California hater Company 11911 S. Vermont Avenue Los Angeles 44, California. Attention: Mr. W. C. Welmon, Secretary. Gentlemen: The Commission has received and filed copies of an agreement between your company and the Huntington Beach Union High School District covering the terms and conditions under which your company will extend its facilities to service the Huntington Beach Union High School District through the Huntington Beach District, Orange County. Please be advised that the Commission authorized the agreement to be effective on its date of execution, February 2, 1957, by Resolution No. W-537. Very truly yours, PUBLIC UTILMES COMiISSION, STATE OF CAMTORNIA B J. PAJAL H�retary — SOUTHERN CALIFORNIA WATER COMPANY GENERAL OFFICES 11911 SOUTH VERMONT AVENUE Los ANGELES 44, CALIFORNIA t kublic utilities C u-n at the State Of .if California, . if auto Bing Gwtl 3 others California Wet-or Conpuw transmits t or filing timi X-B of no. , three copies of an agreement between sib C t3x"Xton Beach %Aon High School L'iet t, to tail a main extension to provide fire proteat4on the Beach thion High School. The Scthma has i own a e of domestic water supply Us line is being constructed for fire protection and will ble if and when the achool's source of te. The two =011a Points of variation betweenec t our man extension rule ares Regulati of this prohibit payments in e c however.. they have ,Plvmto an the cost of construction on of the work. 2* it vas ruse to install an 8-inch pipe tine beemise of n, eed for fire protection. . vwy U-41Y yours, SOLUMN CALnvwIIA WATER CO ANY BY W* co welumv retarT-Tree& . WW-FU t4arah 23 y 19r7 HwuatinSton Beach Union High School District Hunt;ingteuz BewA, California Gentlemen; We return herewith the original and three photostated copies of the agreewnt we ham entered into for the Installation of the 8-Inch pipeline in Main Street from Mme lm to t}him Avenue. We have forwrarded, the agreement to the Public Utilities CommissUm fbr their approval vhioh we expect to be fbrthooinIng very shortly. We will than oommence the construction and upon its completion., bill you an the basis of actual +cost, su►b- jeot to refund as sat forth in the agromm ut. It has been a ple ssurrre to cooperate with your in this project. very tmly youre, SOU7=N CALIF RRU WAMR COMPANY Philip F. Walsh Yip President PIW IIS Inc. March 2.,r 1957 Simtii�gtoIIBeach Union High School District Beach, Califlornia we ackz carted ge rusipt of the SMOUtiad dated 8ebruWY T, 1957,, between the Huntington Union RigL 34v al District and the ComMany for the instalUtim of an -inch pipelim in Hunting- ton Beach Boulez from Mansion to Union Avenue We vill now ram?+ate the construction drowing and secure the me- ossary to do the work. Wbm the drawing is meted, We will Insert in the agresiment a construction PlAu Uhiah vLU be ExbIbit "A" and return the required of copies to you fb r your files. As pawided ibr in Article VII of the agmament.. ve, win mke California caticxr to t1 Pub l.�,�c.�yUtilities" + �JC a '';y^,�,y�_`,.� ��y+�ylcai' th(e¢ State of�ty�. California for a to proceed with he vork. As Isom " that appmal has bow renceiv", we will comlaetc tt.r- 4ork and bill the Sabool District. It has bests a nleasuxe for us to work with the District In this matter. Very tz*ul,,, Valsh Vice Presidiant M:IS be: Ed Stang - Huatingtt+cea► Beach AGREEMENT THIS Ate, made and entered into this 7th day of February , 19 .7 s by AU"INGTON BYACH UNION HMN SCHOOL DIMICT, whose address is Huntington Beach, California, the First Party, and SOS CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W ITNXSSE ? Hs WHEWAB, the First Party has its own source of domestic water supply for the Huntington Beacb Union High School; and WEEK AB, the First Party desires that fire protection and standby water service be provided and maintained to the First Party's property; and WHEREAO, the Second Party is vIlling to provide said fire protection and standby Water service to the First Party's property under its applicable rates, rules and regulations now and as hereafter from time to time in effect and on file with the Public Utilities Comission ! of the ;State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Party and said Seconnd Party do hereby mutually covenant and agree as follows: I. Upon the terms hereof Second Party hereby agrees to construct and install the crater main shown on the plan hereto attached and marked Exhibit "A"• Unless prevented by nonavailability to it of the necessary materials or labor or by other reason beyond its control, said Second Party eba7.l oosamee the work of such construction and installation at a time mutually egredtble and suitable to the construction schedules of both Parties hereto and sh U prosecute the some diligently to completion. IZ. Following Wopletion of the work contemplated herein and within sixty (60) days after said second Party has ascertained the actual cost of said work, said First Party agrees to pay to the Second. Party the actual cost of construction of said water main hereinabove mentioned?, which is estimated to be 44,500.00. Said cost shall be aq normally set up on the books of the $ecomd Party in accordance with sound accounting practices and as prescribed by the Public Utilities Commission of the State of California. TTI. Said. Second Party hereby agrees to refund to the First Party the money so paid, without interest, :iu ac eordauce with the proportionate cost method, as follows: For each service connection directly connected to the water main, exclusive of that of any customer formerly served at the some Location, Second Party will refund, within 180 days after the date of first service to a bona fide customer, that portion of tLe total amount paid which is determined from the ratio of 65 feet of main to the total footage of water main for which the cost was paid. No refunds will be made after a period of 10 years from the date of this Agreement, and the total smount of refund shall not exceed the total asount paid. IV. Said First Party hereby disclaims, in favor of the Second Party, all right, title and interest in and to said water main and appurtenances - 2 - t and hereby eovviuwts and agreese to transfer and resign to the said Second Party, and ;hoes tkeruby trazsfvr and assign to the said Second Party, any and al]. rJ&ts, title and izaterest, either ,point or several, which the First Party may have in and to the water main and appurtenances included in said plan &--rert o attached as Exhibit "A". V. Said Second Party, at all tines during its ownership of said water main sad eippurtenances prior to the time that its obligation to pay refunds pursuant to this Agreement shall be discharged, shall assume all iiability far maintenance rind operation of said wester main and appurtenances.. and shall at al.1 times pay all lions and/or taxes and/or assessments of any nature whatsoever which may be levied upon said water main and appurtenances or any part thereof. VI. It is mutually agreed between the Parties hereto that notwithstanding the payment made by the First Party pursuant to Articles II hereof, said crater main and all Improvements, betterments and extensions of said water main, together with the necesaary franchises, licenses, easements, rigbts-of-way and other privileges, stall at all times be and remain the property,, and be under the control of the Second. Party, unless and until. disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commission. This Agreement shall automatically bind and inure to the; benefit of the respective and several heirs, executors, administrators, successors and assigns of they Parties hereto and etxmpt, as afcre6aid, each succeessc r in ownership of Second Party shall be autociaticaliy siibstituted hereunder for - 3 - Its paredoetsoor cater and upon such substit4ion sucks predecessor owner xbmal be autmatia&Uy released and discharged, from all furtter obligatioa ouder this Agreement. VIx. This Agreement shall at *-U tilts be subject to such ages or modification by the Public Utilities Comission of the State of California ae said Co a Uwica may, from tize to time, direct in the exercise of its Jurisdl.ction... 33# WT2=8 WR AF, said MNTIMMN BEACH UNION HMH SCHOOL DI ICT, first. Party, has caused Its name W be hereunto ,subscribed by its President and Cierk and its seal duly affixed; and SOUTHERN CALIYOHNIA WATER CWARY, the Second Party, has cwAsed its corporate nerve to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretetxy, all being done as of the clay and year first above vri.tten. 3itIpTl'33�TEtPt UHTt7I3i] tH;L AlS'J:RICT By �. f President By, C-ekk FIRS' PARTY, SUUT33MH CAL1FQMIA WAT t 0014PANY 'Nice President ' (b`EAL) ecretary � s 4 N T, 60 i • 70 1 I ; > -.-I 5 Ld�I € < 1 Y �� 75 50 50' I 12'X8"TappinSleeve 8k8"CI.Tee m �1 S"TappingV the MAIN ST $"CLPIU91 in FF ry ul a NI $"Tra(1S PARKWAY a 91 Traf1S '�, 4 M A I N S T. 6iLO r 12"Trff S j -5060-49 _i _A CD 575 Z 8"x8"C1.Tee — I `• 4 O S"CI.PIuq Q i � -404 -28, m IL 90. ' — ' T- X W west S de IL cr{-1_.{ D _ -30'IniervaN f � SOUTHERN CALIFORNIA WATER COMPANY . ° HUNTINGTON BEACH i- --' — f�D Orn. Li9his PIPE LINE IUSTALLATION IN MAIN ST FROM MANSION AVE TO UNION AVE DRAWN 11Y DATE 3-I-5 7 u. CHECKED By APPROVED BY ^� REVISED FOR RECORD DATE �• + " Castle LEGEND EXISTING MAIMS------NEW G•V.'S NEW R.T.F.N.'S EXISTING G.V:S --t--F.M.'S TO BE RESET��NEW STD.F.N:S 1: • NEW MAINS vim■ SCALE I"=l00 EST. NO. 7940 GWO. NO ' FRANCHISE NO 13 K } MOM adId ,k P- U, Sm Angels* 53., C"Mia , Wed Aft 2T, 1956: botvM you =a UM Bmthom Califovnia, Water CcmVwW we I=talled wAtAr fac- ilities to a your fto= Ito cm !Ugbvv IM 1A our Huntinetpu Bftdi servi rm. SectUm In of t a comt ,,vovI4w tbat you D04VUicte, to this empeaw the mA Or 4a,500 for this Izatallstl4a. It also Verdes that fbIlowiz g completion of the wovit., if the wet 3s fom le the to you tbe difforence between the ac"mw� 4ald 000tj mo=t advonced to the CmvaWv r' would M tbe 4IMr- Is as Wlow: moura co, Tames., and Tool Vmpwmw .54 fir • xtl*rn: ftlif r aia Iftso t Gompez 18, 1957 Edison b0JAIzg P. a. box 351 e Aneeles 53. C"ornis Reaurftclng Construction Division Overhead 820.23 Geexaera l Ove bea'xd 0 Mm COST • The Advance a r the Contract of Ault 27,, 1956 $61,.500.00 Total t of Job Reft�d Due, Edison IR,199-91 e wv pleaoed to enclose herewith our abed in the wxnmt of 2,199.21 as tbe adjustment due you uader the a>t a t. very tru4r yobs, a� G» c Vice President Ucilosure be: W. C. Welmon Fern Lilyard` Merle Gooding GWO #7882 Form M-321-AA(10-12-54) A G R E E M E N T THIS AGREEANT, made and entered into this 27r4day of cJ v,57 , 19,5-C, by and between SOUTHERN CALIFORNIA EDISON COMPANY 1kViX&A9W41111W1&W1Q1 a corporation, whose address is Edison Building, P.O. Box 3519 Los Angeles 53, California the First Parf , and SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the Sate of California, the Second Party, WITNESSETH: WHEREAS, the First Parf is the owner of and/or beneficially interested in:That portion of the south half of Section 13 and in a portion of the northeast quarter of Section ath sec ons sing In TownshiT"6-S`oU-th, Range 11 West, N .B. and M. and generally located Northeast of the intersection of Pacific Coast Migkway and Newland Street being bounded on the- I�ne whIcK is paraliel to aNd 200 feet Stly of the N'ly line of the S * of the N.M. j of the S.E'ly of Section 13 and approximately on the East-by a linewIch is parailil to ana MU Yen Wist the East line of the W of the S.E. ,* of Section 13, County of Orange, State of California. WHEREAS, said First Park' des i-rss that water service be provided and maintained to said property; and WilEREAS, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after from time to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and the performance thereof by the Parties hereto, said First Part/ and said Second Party do hereby mutually covenant and agree as follows: I. Upon the terms hereof Second Party hereby agrees to construct and install the water system shown on the plan hereto attached and marked Exhibit "A". Unless prevented by nonavailability to it of the necessary materials or labor or by other a L Form M-321-BB(10-12-54) reason beyond its control, said Second Party shall commence the work of such const- ruction and installation at a time mutually agreeable and suitable to the construction schedules of both parties hereto and shall prosecute the same diligently to comple- tion. This undertaking by Second Party is, however, further conditioned that (1) said First PartY shall have made the advance and payment to said Second Party as required by Article III hereof; and (2) said Second•Party, without cost to it, shall have been furnished by said First Party with easements or similar rights in favor of said Second Party for the construction, installation and maintenance of said water system across all privately owned lands to be traversed by said water system, which easements or similar rights shall be in form satisfactory to said Second Party and shall be executed by all necessary parties having an interest in said lands; and (3) the streets or alleys in which said water system are to be in- stalled shall have been rough graded, curbs and gutters installed and., at all times during the progress of said work on a given street or alley, such street or alley shall be unpaved and neither the driveways nor sidewalks constructed prior to the completion of said water system, and shall be clear of all sewer or other excavations or obstructions and of all building materials and equipment not necessary to said work, all without expense to said Second Party; and (4) the entire tract of land above described shall be ready for said work as a unit except that if, in the opinion of said First PartY , this is not feasible, then at the written request of said First PartY , said Second Party will divide said work into several parts and will perform one part thereof at a time if, in said Second Party's sole dis- cretion, such partial construction will not cause inconvenience or undue expense to said Second Party. Second Party will hold First PartY responsible for any and all damages to the water system and appurtenances connected thereto, caused by sub-contractors in connection with First Party's use of the above described property. or others in grading and other operations/ First PartY hereby agrees to indemnify Second Party for such proper expense as it may be put to repair such damages as aforesaid. In the event that within six months after the date hereof (1) said First Party shall have failed to furnish the aforesaid easements or similar rights, - 2 - Form M-321-CC(10-12--54) or (2) said tract of land hereinabove described shall not be ready in its entirety for said work, or (3) said First Part Y shall have failed to make the advances and payment as required by article III hereof, or (4) said work has not actually been commenced, then in such event this agreement may be terminated at the option of either party hereto by and upon the giving of written notice of such termination to the other such party., Neither party shall incur any liability for damages on ,account of such termination. Service connections extending from said water system to the lots to be served from said water system will be installed in each case only to the center point of the lot boundary line which is nearest the water system from which the service connection is extended. II. Said First Part '�Jhereby disclaims, in favor of the Second Party, all right, title and interest in and to said water system and appurtenances and hereby covenants and agrees to transfer and assign to the said Second Party, and does hereby transfer and assign to the said Second Party, any and all right, title and interest, either joint or several, which the First Party_may have in and to the water system and appurtenances included in said plan hereto attached as Ex- hibit "A" . Said First Parts,,_ agree—to advance and pay to the Second Party for construction of said water system hereinabove mentioned the sum of SIXTY-ONE THOUSAW FIVE MHDRID AND N-YL1100 DULLARS ($611,'500.00) upon demand of the Second Party prior to the commencement of construction of said water system. Following completion of the work contemplated herein and within sixty (60) days after said Second Party has ascertained the actual cost of said work, if the cost thereof, as hereinafter defined, is less than the above advance, Second Party will thereupon return to the First Party the difference between said advance and said cost. If the cost thereof as hereinafter defined is greater than the above advance, First Party will thereupon pay, upon demand, to the Second Party the difference between said cost and said advance. Any such difference remaining unpaid — 3 — Form M-321 D D(10-12-54) by First Part b„by the-time refunds are due to be made under the provisions of Article IV, hereof, will be deducted from said refunds to be paid First Party by Second Party. Cost, as herein used, means all expenses incurred by the Second Party for all material, labor and other items necessary for installation and con- struction of said water system. Said cost shall be as normally set up on the books of the Second Party in accordance with sound accounting practice and as prescribed by the Public Utilities Commission of the State of California. IV, Said Second Party hereby agrees to refund, without interest, to the First Party , annually, during the month of April of each year after commencement of rendition of service by the Second Party through said water system, a sum equal in each instance to twenty--two per cent (22%) of the average annual revenue per resi- dential and business customer for the prior calendar year collected by Second Party from consumers whose lines are directly connected to facilities installed under this Agreement. Such average annual revenue per residential and business customer is to be effective on April 1st, and used until the following April 1st. Revenue from fire hydrant service will be included in the computation of refunds if the cost of fire hydrants is included in the amount of the principal sum of the Agree- went. For other classes of service, the Second Party will estimate the annual revenue to be derived, in each case, from consumers whose lines are directly con- nected to the facilities installed under this Agreement. Payment of all refunds is to continue for a period of not exceeding twenty (20) years from the date of this Agreement. (Said twenty (20) year period being hereinafter referred to as the "term of this Agreement".) The total of all such refunds shall not exceed the net amount advanced by the First Party pursuant to Article III hereof, after giving effect to the adjustments made, according to the provisions of the second paragraph of Article III hereof. V. No municipality, county, political subdivision, public corporation or other public agency which may acquire said water system or any portion thereof shall incur any obligation under this Agreement, either as to payment of refunds or otherwise, and shall not be bound by this Agreement. In the event of any _ 4 _ C • a, 4 'I 'r Form M-321 EE(10-12-54) such acquisition, refunds referred to under Article IV of this Agreement shall, subsequent to such acquisition and during the remainder of the terms of this Agreement, continue to accrue and be payable pursuant to the provisions of Article IV hereof except as modified by the provisions of this Article V. Second Party will make an estimate at the time of such acquisition of the gross revenues which would have been collected by it during the remainder of the term of this agreement from consumers whose lines are connected to said mains so acquired. This estimated revenue will thereafter be the basis for refunds with respect to the water system so acquired. However, if the net selling price received by Second Party for said water system or portion thereof so acquired shall be less than the cost (as above defined) thereof, the total amount of refunds for said remainder of said term shall be reduced in the same proportion as said net selling price of said water system, or portion so acquired, is reduced below said cost. If said water system or portion thereof shall be so acquired with other property of Second Party for a lump sum selling price, the net selling price of the water system so acquired shall be that portion of said lump sum as Second Party shall determine fairly to represent the net selling price thereof. In the event of any acquisition referred to in this Article V the obligation of Second Party to pay refunds during the remainder of the term of this Agreement may, by mutual consent between the Parties hereto, be discharged by payment to First Party of an agreed lump sum equal to the present worth of an annuity of equal annual payments of the unpaid balance of the advance calculated at six per cent (6%) interest as of the termination date of Agreement, In no event shall the total of all refunds for the entire term of this Agreement exceed the maximum thereof as fixed by said Articel IV. In the event of any dispute between the Parties hereto as to the amount of refunds payable pursuant to this Article V., either of the Parties hereto may refer the matter to the Public Utilities Commission and the determination of said Commission on the matter so submitted shall be final and binding upon both Parties hereto. Notwithstanding anything to the contrary contained elsewhere in this Agreement, if, because of any assignment or transfer in any manner, three or more persons (including the First Parma_, if the First Party__shall have retained the right to receive payment of. any portion of such refund money) shall be entitled - 5 - Form M 321 F'F(1a-12-54) to receive payment of said money, or any part thereof, payment of all such money shall thereafter at the option of the Second Party be made by the Second Party only to an agent of said persons .for their several accounts. Such agent shall be selected by said persons and shall 'be designated to the Second Party in writing (approved as to form by the Second Party) signed by all said persons. All such money so paid to said agent stall be distributed by said agent to or for the account of said persons in accordance with instructions given by them to said agent. Each payment so made by the Second Party to such agent shall be a complete discharge of the Second Party from all liability or accountability under this Agreement or otherwise with respect to the money so paid, and the Second Party shall in no way be responsible or incur any liability with respect to any action taken or omitted by said agent. VI. Said Second Party, at all times during its ownership of said water system and appurtenances prior to the time that its obligation to pay refunds pursuant to this agreement shall be discharged, shall assume all liability for maintenance and operation of said water system and appurtenances, and shall,at all times pay all liens and/or taxes and/or assesments of any nature whatsoever which may be levied upon said water system and appurtenances or any part thereof. VII. It is mutually agreed between the Parties hereto that notwithstanding the advance and payment made by the First Party pursuant to Article III hereof, said water system and all improvements, betterments and extensions of said water system, together with the necessary franchises, licenses, easements, rights-of-way and other privileges, shall at all times be and remain the property, and be under the control of the Second Party, unless and until disposed of by it, and shall at all times be subject to the applicable rates, rules and regulations of the Second Party as from time to time in effect and on file with the Public Utilities Commis- sion. Except as provided in Article V hereof this Agreement shall automatically bind and inure to the benefit of the respective and several heirs, executors, admin-- - 6 - 4 orm M-321-GG(10-12-. , istrators, successor, and assigns of the Parties hereto and except as aforesaid, each successor in ownership of Second Party shall be automatically substituted hereunder for its pri.decesso:- owner and upon such substitution such predecessor owner shall be auton.itically released and discharged from all further obligation under this agreement, VIII. This Agreement shall at all times be subject to such changes or modifi- cations by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said SOUTHERN CALI GRATA EDISON COMPANY First Part,,_,, has caused t*name„�.to be hereunto subscribed by and its corporate seal duly affixed; and SOUTHERN CALIFORNIA WATER COMPANY, the Second Party, has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal duly affixed and attested by its Secretary, all being done as of the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY APPROVED AS TO FORM: BRUCE RE ' ICK, Vice rPr: y eneral Coun 1 As is of L'uuns �( By FIRST PART �i SOUTHERN CALIFORNIA WATER COMPANY Vice President SECOND PARTY ATTESTED: By � Sce-re„ary 1 �41e�enme fn ` THE CITY OF HUNTINGTON BEACH MAP ON FILE WITH CITY CLERK i \ SOUTHERN CALIFORNIA \\ \ \\ EDISON CO. 665 \ STEAM STATION SITE \ �\\ � set Back-y \ d0 ' Install 6Dorn.Ser. _ 6"G.V. 10"Trans. f� G 6 Cl Tee 0 I. Plucl 6 8"Mgpnl-f 1d with- .- \, PAGIFIC COAST HIGHWAY U. S.- i IO"x rG.T.Tee OD Install 4"Meter W T. cm Lu 1Co Q<� SOUTHERN CALIFORNIA WATER COMPANY HUINTINGTON BEACH SYSTEM PIPE LINE INSTA.LLATtON IN P&CIFtC COAST HIGHWAY - U. S. 101 FROM HAMPSHIRE AVE.TO 4.00 'S.F. NEW LAND ST. DRAWN BY V.P.W- DA-m CHECKED BY APPROVED BY REVISED FOR RECORD DATE LEGEND EXISTING MAINS ----NEW G.V:S NEW R.T.►.H:S EXISTING G.V:S --e---F.H:S TO BE RESET NEW STD.F.H:S NEW MAINS ® v SCALE I"= 100 EST. NO. 77d g G{WO. NO. FRANC141SE NO 767 — I �41e�enme fn ` THE CITY OF HUNTINGTON BEACH MAP ON FILE WITH CITY CLERK �41e�enme fn ` THE CITY OF HUNTINGTON BEACH MAP ON FILE WITH CITY CLERK Octc e_r' 13,. -1954 Mr. Ralph K. Welch 2609 'West Chapman Avenue Orange., California Dead` Sir By agreement dates,. May 5s 195 ,, between you and the Southern California Water Company',, we installed cater mains to sevTe certain lots in Tract No. 1916 In our Huntington Beach service area.- Section III of the agreement provides that you 'Mould advance to this m.Vany in aid of coast .yet on of these facilities the sum of .$22911-00. It also provides that following co plea on of the work, if the cost is found to be less than the amount advanced to the opa�v, the Company would reties to you the difference between 'said advance and said cast. The total cost- of the project applicable to the agreement was $2,764.54, Which is $iha.46 lass than the amount you: advanced. We are pleased to enclose here-vrith out, check in the amunt of $148,46 as a refund due you under the agree= . ment, together with a: statement of the cost of the work Installed under the tens of the agreement. Very truly yours, SOUMM CALIFORNIA WAW COMPANY Enclosures cretary-Tx ea.surer: cc - Agreement File GWO File No. 6712 General Correspondence File i I , moo;m�NI-+26 ;�,f' Iz�i is Cl's LT 1'Gn ;i� 4�A`?'. C C: i'f:i r Statement of Cot Work !nst.^i.L>d andsr Conswner's Advance in AL", of Construction ContY'act Our Cl(�aer.�_1 Wo Order ,umber.__._.— '04 obaymn Av 'Date of contract VA Date work was compl.ete,a te r* t 1954 1. pipe y_p>, c f ftl.C11'Lt•1E;9 instal.led. ^"` r i Detail of Construction Cost: N;atex'3 ai a Labor Costs: Contract 2152 Southern California. Water Cor,:pa.n� Street r.esur.fac in 5 Overhead + s°V . Amount advanced on above contract Actual construction cost of completed work as shown above_ Bal�a�ic s N uj f'4 -A-mount of Refund a For.:, M-321-A A G R E E M E N T THIS AGREEMENT, made and entered into this �_TH day, of /'i RY 19y L by and between R'PH E. WEIM an individual, whose address is 2609 West Chapman Avenue, Orange, California the First Part y , and SOUTHERN CALHORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, the Second Party, W I T N E S S E T H : WHEREAS, the First Part y is the owner of and/or beneficially interested in: hots Nos. 1 to 17, inclusive, fronting on Ocean. Manor, Tract 1916, City of Huntington Beach, County of Orange, State of California. WHEREAS, said First Part y desires that water service be provided and ainta .ned to said property; and WHERES.S, the Second Party is willing to provide said water service to said property under its applicable rates, rules and regulations now and as here- after fro;,: tine to time in effect and on file with the Public Utilities Commission of the State of California; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein; and 'Uhe performance thereof by the Parties hereto, said First Party and said Second Party do hereby mutually cove(Inrt and agree as follows: I ' Upon the terms hereof Mecond Party hereby agrees to construct and install the water mains shown on the plan hereto attached and marked Exhibit "A". Unlees prevented by nonavailabili.ty to it of the necessary materials or labor or by other reason beyond its control, said Second Party shall commence the work of such -1- n , i'�i-3c 1-B (10-1-52) construction and installation at a time mutually agreeable and suitable to the construction schedules of both parties hereto and shall prosecute the same dili- gently to completion. This undertaking by Second ;?arty is, however, further conditioned that (1) said First Part y shall have made the advance and payment to said Second .tarty as required by Article III hereof; and. (2) said ;second Party, without cost to it, shall have been furnished by said First Part r� with easements or similar rights in favor of said Second Party for the construction, installation and maintenance of said water mains across all privately owned lands to be traversed by said mains, which easements or similar rights shall be in fors_ satisfactory to said Second Party and shall be executed by all necessary parties raving an interest in said lands; and (3) the streets or alleys in which said water mains are to be i.nsLalled shall have been :rough graded, curbs and gutters installed and, at all t.1raes during the progress of said work on a given street or alley, such street or alley shall be unpaved and neither the driveorays nor side- wallks constructed prior to the completion of said water mains, and shall be clear of all sewer or other excavations or obstructions and of all building materials and equipment not necessa:.•y to said work, all without expense to said , econdl Party; ti;na (4) the entire tract of land above described shall be ready for said. work as a unit; except. that if, in the opinion of said First Part rV, this is not feasible, them at the .vri i.ten request of said First Part,, said Second Party will divide said work into several parts ani will perform one part thereof at a tune if, in said Second Party 's sole discret-ion, such piticemeal construction will not cause inconvenience or undue expense to said ,econd Party. Second Party will hold First Fart responsible for all damages to water mains and appurtenances connected t.hereto, caused by sub-contractors or others in grac-ai.ng and other operations. First part._Z_ hereby agrees to idemnify Second. }-.,irty for such: proper expense as it may be pit to repair such damages as aforesaid.. In the event tivit within six months after -the date hereof (i) said First ;part r. ._ shall have railed to furnish the aforesaid easements or similar rights, r (ii ) said tract; of land hereinabove described shall not be ready in its entirety for said wore::, or (Iii.) said First Party shall have failed to make the advances ani- payment a.r. required by Article III hereof, or (iv) said work has not actually -ee:n coim.z, ncc,d there in such event this agreement may be terminated t the g y a� t�.e option of either party hereto by acid upon the giving of written notice of such termination -2- Form M--321-C 3-14-47 to the other such party. Neither party shall incur any liability for damages on account of such termination. Pipe lines (hereinafter called "service connections") extending fron. said water mains to the lots to be served from said main., are not included in Exhibit "A", are not a part of the work above referred to or an item of cost referred to in Article III hereof, and are not :included in the pipes in the aid of construction of which the advance under said Article III is to be made. Such service connections when made shall be constructed and installed by Second. Party at its own cost and expense out of material of its own selection and shall, in the discretion of said Second Party, run in each case only to the center point of the lot boundary line which is nearest the water main from which the service connection is extended. II. Said First Party hereby disclaims, in favor of the Second Party; all right, title and ini:e•.rest in and to said water mains and hereby covenants and gees to transfer and a. sign to the said Second Party, and. does hereby transfer and assign to the said Second Party, and an all right, title and interest, either ,joint or ,:�everal., 'which the .First Party may have in and to the water mains and appurtenances inc.:i. {d.ed in said plan hereto attached as Exhibit "A" I7I. Said First Party - agrees to advance and pay to the Second Party in. aid of construction of said water mains hereinabove mentioned the sum of TWO THOUSAND NINE HUNDRED THIRTEEN AND NO/ONE HUNDRED DOLLARS ($2t913.00) upon .demand of the Second Party prior to the commencement of construction of said water main.;. Following completion of the work contemplated herein, if the cost therec:f, as hereinafter defined, is less than the above advance, Second Party wi.:;..:! thereupon return to the First Part y the difference between said. advance and 'nnid cost. If the cost thereof as hereinafter defined is greater than the r?bovt advance,, First Party wil.i_ thereupon pay, upon demand, to the Second :Party the difference between said cost and said advance. Any such difference w 3 Form M-321-D remaining unpaid by First Party by the time refunds are due to be made under the provisions of Article IV, hereof, will be 'deducted from said refunds to be paid First Party by.Second Party. Cost, as herein used, means all expenses incurred by the Second Party for all material, labor and other items necessary for installation and construction of said water mains. Said cost shall be as normally set up on the books of the Second Party in accordance with sound account- ing practice and in accordance with the rulings of the Public Utilities Conmission of the State of California. IV. Said Second Party hereby agrees to refund, without interest, to the First Part y, semiannually durinn; the months of January and July of each year after commencement of rendition of service by the Second Party through said water mains, a sum equal in each instance to thirty-five per cent (35f) of the gross revenues collected by Second Party from consumers whose lines are connected to said water mains during the six (6) calendar months immediately preceding the month during which such refund shall mature; payment of such refund to continue for a period of not exceeding ten (10) years from the date of this agreement (said ten-year period being hereinafter referred to as the "term of this agreement"); provided, however, that the total o.f,,all such refunds shall not exceed the net amount advanced by First Party pursuant to Article III hereof. , after giving effect to the adjustments made, in accordance with the provisions of the second paragraph of Article III hereof. V. No municipality, county, political subdivision, public corporation or other public agency which may acquire said water mains or any portion thereof shall incur any obligation under this agreement, either as to payment of refunds or otherwise, and shall not be bound by this agreement. In the event of any such acquisition refunds referred to under Article IV of this .agreement shall, subsequent to such acquisition and during the remainder of the term of this agreement, continue to accrue and be payable pursuant to the provisions of Article ,IV hereof except as modified by the provisions of this Article V. Second Party will make an estimate at the time-of such acquisition of the gross revenues which would have been collected by it during the, remainder of the term of this agreement from consumers whose lines are connected to said mains so acquired. This estimated. revenue will thereafter be the basis for refunds with respect to -4- 'Ell the iiiains so acci,,ji3.-c�ti. However, if' the n(-:t sell-Ing prJ.-.c4 received. by, Second Party for said water nnak,,.is or portion thereof so acquired shall be less than -tile c. ;st (as ab(:,ve defined) thereat, ttlle total ai-l:iount of r, funds fo:r said rL:mainder :.,,f said term shall be reducea in the same proportion as said net se.!-ling price :'T sai.,J water mains, or portion so acquirad, is reduced below said cost. If said water taiins or portion thereof shall be so acquire.0 with Other property f gecond Party f )r a lump sum selling price, the net sellinC, price cf the water mains sc; acquired stlall be that po.-i-i-tion of said. lumj, sum th y- shall determine fairly to represent the net sellinr-, p- rice, ri�-F­f. as, Secoindl Part 0 1. D, the event ..-If any acquisition referred to in this Articli V the o.-C Second Party to pay refunds during -the remainder of the term of 1;his agreemcnt may, by mutual consent between -the Parties hereto, be d.ischarged by payment to First Party of an agreed lum.-p sum. In no event shall.. the tu-t,l of all refunds for the entire term- of this agreement exceed the maximum there,,)-;" as f.!-xed by said Article IV. In the event of any dispute between the Parties liereto as tc -the ar,-,;.-,,u.nt (,f refunds payable pursuant to this Article V, either of the Parties hereto may refer the matter to the Public Utilities Commission and till determlina-ti,Jn of said Commission on the matter so submitted shall be final Eind binding upon both Parties hereto. Notwithstanding, anything to the contrary contained elsewhere in this agreement, if, because of any assignment or transfer in any mannor, -three or. more; persons (including the First Part Y if the First Fart y Shall 1iave retained the rigit to receive payment of any p...rtion of such refund money) shall be entitleO tc receive payment if said money, or any part thereof', payment of e.1.1 such money shall thereafter at the r.)ption of the Sec,.--)nd Party be macip by th,:,, Sec,)nd Party -inly to an agent of slid persons for their several accounts. Such agent shall be selected by said person-s and shall be designated t.-.-, he Second Party in writing (approved as to form by the Second Party) signed by all said persons. k1l 'S'acia mcniQ,y so paid to said agent shall be distributed by said. agent to or for the. &cc,j7_znt ,.)f said persons in accordance with instructions given by them to sa.-JiLd agent. Each payment so made by the Second Party to such agent shall. be a. cL.:m- J,lete discharge of the Second. Party from all liability or accountability under this agreement or otherwise with respect to the money s,.,) paid, and the Sec-C-A Party shall in nc.,; way be respc,nsible e...r incur any liability with respect tcl any action taken or omitted by said agent. a� d 1 F >rm -f-321-l" (1-30-52) VI. Said. Second Party, at all times during its ownerships of said water .rains prior to the time that its obligation to pay refunds pursuant t ; -this agree- ment shall be discharged, shall assume all liability for maintenance and operation of said water rnai:ns, and. shall at all times pay all liens and/: r taxes and�c assessments of any nature whatscever which may be levied. up-In said water mains or VII. It :is mutually agr;,ed between the Parties hereil.) tl!at nc;twi-thstandint; the advance and payment made by the i'irst Part r pursuant to Article III hereof, said water mains and all improvements, betterments anc. extensi�::ns !-zf said water mains, to{;ether witia the necessary franchises, licenses, easemcrts, rights-of-w y and ,)-1.,her privileges, shall at all times be and remain the property, and be under the control of the Second Party, unless and until disp:)sed c,f 'L:y" i l-, an6 shall at all times be subject to the applicable rates, rules and rewi,,.ln.tic:ns of the. Second r_-;rty as from time t:a time in effect and on file with =he I'u. a.iC Utilities C.;rnri.ssion. Except as provided IM Article V hereof this 3 s:eement small a.:t:::.a-,icall.y bind and inure to the benefit of the respective and several heirs, executors, administr.atcss, successors and assigns of the Parties heret:, and except as afc,rc said, each successor in ownership of Second. Party shall bi au.t.;,natically sub., st:ituted 'hereunder for its predecessor owner and. upnn such si.bstit-titic:n such predecessor owner shall be a-atumatically released. and di.schargei from all further obl.it at.ieaz under this agreement. . Viii. This agreement shall at all times be subject to s ucii chances cr f'icati(_;ns by the Public Utilities Commission of the ;gate c:f Calif )rein as said Commission majr, from time t ) tinx,e, direct in the exercise of i.ts ;uxisdict-i,. n. IN WITIMSS 4>1 REOF, said RALPH WELCH First Party , has caused hi8 w name_ to be hereunt , subs cr:ibed;W' iIAAI.fi/?tl and S7, MiMM CALIFORNIA `WATER COMPANY, the Second Party, has ca,ased its c:rp,,ra-Le, -6- a 1 Forte! M-321-G (1--30-52) Tlci_71Ee 't,i be hereunto subscribed. by its price tresidlent and its Corpor-ate seal ch.zly a fixed and, <�ttested by its Secretary, slat bei�� acne �:s %i the d�y a year first above written. LrSt Part y S OUTHERIN CALITFOIRNIA WATER:; COMFA `Y y .C i'r ST Seco-nd Party ATTESTIsD Secretary _�—__. -_____6°Tans-5349-50 - �" Connect UTI CA ST j C7 16%p o 0 a m uJ _p 4-3N � ion ? HOTE: INSTALL 3/d"COPPER SERVICE TO EACH LOT ndcr C C C C C C !, 1-n- C io I 2 3 d 5 6 7 / C8 . j �d �h Install T'F0 �- .4"CI.PIugTap2" Coco 42.56 ' 50 — 50 �j 40. OCEAN M MANOR c9 18 d"GV SOUTHERN CALIFORNIA WATER COMPANY HUNTINGTON BEACH SYSTEM 9j,1 U PI PE ,LINE INSTALLATION IN in I1 16 15 Id 13 i 12 11 10 TRACT No 191 fo x � , — DRAWN BY M �1 I i� DATE � 29-5d A I I Y� nsta II d"F0. CHECKED BY � I� " APPROVED'�BY �� 30 Q 6'x A"C I.Piuq Red, Li O REVISED FOR RECORD DATE LEGEND 4 EXISTING MAINS------NEW G.V.'S �'ft—NEW R.T.F.H:S 0 EXISTING G.V:S ---e---F.H:S TO BE RESET NEW STD.F.H:S J - NEW MAINS v IL SCALE I I d 0 EST. NO. TO 01 G" NO. - FRANCHISE NO Cons+�+�+�ohal