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HomeMy WebLinkAboutHenry H. Bruderlin - Reimbursement Agreement 102 - Sewer Mai TOPIC FILE N0. � LEGISLATIVE HISTORY RECORD DETAIL 1OZ 22�65�.41 DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 4-5-65 ew,,x, AAAmntt ►► ,2t�� ���. ��-� �_ . ® aB► two -Zo-(A ?-p-e5 ZAo -vo,?2 l t 01110 to tt tr o,0 m 4-5 7 ®; -[►ie "p > 4 S k'6-�.i -to TOPIC72 j VT WHITE-CITY ATTORNEY BLUE-CITY CLERK i' CITY OF HUNTINGTON.BEACH- No. - GREEN CITY ADMINISTRATOR `; CANARY-DEPARTMENTAL .. REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 10-30-72 Ted Mullen Public Wort s INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon.one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance.in a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Request for exPenditure of Sewer Funds as final reimbursement on Agreement No. 102, H. Bruderlin and assigned to Haralood, soden & Adkineon, attorneys for Bruderlin. The- amount due is 'S5.754.97• Sever fees in excess of this amount have been collected from Tract 7639 on iieil Avenue and the above amount is reimbursable Per the terms of this agreement. Desired effective date Signed: Approved as to availability of funds 11-6-72 . Director of Finance :City Attorney. Please prepare and submit printed copies to this office by: City Administmior i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year 1971-72 by Ordinance No. 1651, and WHEREAS, Section 5 of said Ordinance No. 1651 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Four Thousand Four Hundred Eighty-two and 50/100 dollars, ($4,482.50) is hereby authorized to be made from the Sewer fund. Fund payable to Franchise Tax Board per Assignment from Mr. Bruderlin for work performed per Reimbursement Agreement No. 102. PASSED AND ADOPTED this day of , 19 Mayor ATTEST: City Clerk i _ I r RFioLP -10V NO. r 325b A VES0L P1ON OF THE CITY COUNCIL OF THE C11'Y i OF HUNTTNGTON BEACH AbTHORIZING THE EXPENDITURE OF HONEY FROM THE :,EWER FUND. ,.. VMERF.AS, the City Council of the city of Huntington Beach he!. I+ adopte� a budget for the Fiscal Year 1370-71 by Orii:..•.:;:_ 5: . i'•= and WHEREAS Section 5 of said Ordinance No. 15 -avid-s _ire rz• .: for authorizing expenditures from the sev:-al Spe.ial rand, ::•cation:-.: iZ said Section 5, and i•'kEREAS, the D;rectcr of Public Works :n.'. thF C s nave recom-mended ait expQnditure, and ;"J-RE.AS. the City Council hereby ap,;�,ves said rFctn:.eraa��r BE Ce THEREFORE RESOLVED _hat an expenditure in rhr am,Lnt n: Six Thousand One Hind:ed Twenty and no/100 dollars ($6,120.00) is hereby authorize; tc up evade from the Sewer Fund. Fund payabin fo Francnibe Tax Buard pe. Assignment f-om Henry H. Bruderlin icr =vork performed per REimbusement Agreement N 102. n PASSED AND ADOPTED this 21st day of Dec erruep V h1"y4 r A TEM City clerry x - V r � A HI'�IOLUTTWq O1- 11W. t +_'rY COUNCIL OF' iHL CYTY 0'' HlttiTs`:G tl;r :'F::rtt Al rtif);3Ino THE ENNNIDT`WHE OF MOZCY t ttV ti' dEWEtt FUNT). WIK.REAS, z ie r.;.ty Counc+l of Vito city of lluntlu:,,ton Beach has adopted a budget for thi Viscal. Year --59-70 by Ordinance No. 1508, er_d I-MEREAS, S^ct%on 5 of ga1d Ordinance Flo. 1506 providec the proceLure for authorizing; expondl.tures from the several Special Funds mentioned in said Se:tion 3, and WHEREAS, the Director of Public Works and the City Administrator have recommended an eapanditure, and WHEREAS, the City Council hereby ripprovcs said recorsendations, BE TT TNE^'.^ORE "IFSOIXED that an expenditure in the ornount of One Thousand and Forty Seven and 00/100 Dollars ($1,047.00) is hereby ' authorized to be made from the Sewer Fund. Fund payable to Mr. Henry H. Bruder.lin for work performed per Reimbursement Agreement No. 102. PASSFU AND ADOPTED this '_C1*. ITay of _t ab i , 19 f Mayor f tLe City of� ATTEST: City Clerk of the C- of auntington. Boact. i I se C C k i I I I i RESOLUTIc: A RESOLUTION 01 TH, .:ITY COUNCIL OF THE CITY OF � HUNTIMTON BEACH ALTH0R2.•.'. %G THE LvYL7 '1TURE OF j MOPXY 0M1 THE SLVIM F,M1 . t1I1S, the City Cot.r.• '.'. of Hurti'agton Beach a Budget for the "icy n-r 'o. and ir7HM—AS, Section 5 of =_ .. Cr 7.nancE: 11c. -4?7 provides the ^ors .y^ for authorizing expenditures fro-, the seveial SI.^cial Tondo rmtJ.cr^;7 in said Section 5, and WMEAS, the Director of Public Works and the City A•i�riLt� =.is `u reco--,ended an expenditure, and WHEREAS, the City Coun:il hereb.- :approves said reconmendat3cnL:, BE IT THEREFORE RESOLVED that an expenditure in the nzeivar' of Six Hundred Twenty-six and 78/100 Dollars ($626.78) is hereby auti.ori-cd to be made from the Sewer Fund. Fund payable to the Water Fund for Agreement of Assignment dated 4-10-68 with Mr. Henry Bruderlin. - PASSED AND ADOPTED this 20th day of January , 19 61-j yor o Ci of H g ; ch ATTEST- "r City Clem o; the C y of Huntington emir:, 1 I� f HU:`171 Gi`c_. __C_ AU :J _i 0 I UHEM- S, the City Council of the r_:_ty of Hni-.tin;ton Be_ch adopted a budget for t:c Fiocril Year 196�-F.9 by Ordinance F:o. 14*"7, and UHERF,A,S, Section of :,aid Ordinance hv. 1427 provide the yrocodure for authorizing expenditura.= from the several Special Funuo mentioned iii said Section 5, and UHERFAS, the Director of Public Uork: and the City Administrator have recommended an expenditurc, and R UHERFAS, the Director of r-ub1ic Uorks and the City Administrator i' I have recommended an expenditure, ad 1-MERFAS, the City Council hereby approve: said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of i ! Four Thousand Six Hundred -tjenty-six and 22/1CO Dollars (84,626.22) is hereby authorized to be made from the Sewer Fund. Fund payable to IIL, Mr. Henry H. Bruderlin for work performed per Reimburaecent Agreement i' No. 102. PASSED AND ADOPTED this 20t11 day of January 1969 ayor of the City of H us ingtor. e A T3'fa41: y City Clerk of the Ci of Hung,tan Beach. ti.:.� At- YLI l� .as RESOLUTION N0, 2152 r A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZLNG THE EXPENDITURE OF MONEY FRO": THE SO4ER FUND, WHEREAS, the City Council of the City of Hantington Beach has adopted a .Budget for the Fiscal Year 1964-65 by Ordinance No. 1066, and WHEREAS, Section 5 of said Ordinance No. 1066 provides ' the procedure for authorizing expenditures from the several Special Funds mentionea in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendation, J BE IT THEREFORE RESOLVED that an expenditure in the amount oEight hundred eig ty-five and no/100 dollars j ($885.00) is herebyauthoriz d to be made from the Sewer i Fund/payable to Henry H. Br derlin for work performer'.. I P SSED AND ADOPTED by the City Council of the City of IHun -ton Beach at a re lar meeting held on the 54° day A ST: Mayor APPROVED AS TO FORM: r. t :.A D. PLUNKETL' h ,� C ty Attc-ney By. d George Shibata / Asst. City Attorney i - _ — Aft. - November 9, 1972 Harwood ,& Adkinson P.O. Box 1907 Newport Beach, California 92663 Attentions Dennis Harwood Subject; Full Reimbursement of Agreement #102 — Bruderlin Gentlemen: Enclosed is a check for $5,754.97. This amount is the full balance of Agreement #102 to Henry Brud.erlin and per terms of the assignment mailed herewith. Very truly yours, James R. Wheeler. Dieector of Public Works H. E. Hartge City Engineer JRW:HEH:7M:ml Encl. HARWOOD & ADKINSON I DONALD D. HAR WOOD OF COUNSEL I ATTORNEYS AT LAW DON R. ADKINSON JAMES P. DEVINE DENNIS W. HARWOOD 550 NEWPORT CENTER DRIVE-SUITE 434 THOMAS A. BERNAUER POST OFFICE BOX 1907 TELEPHONE (7I4) 644-13I3 JOHN M. MEINDL NEWPORT BEACH, CALIFORNIA 92663 CABLE"HARLAW September 5, 1972 City of Huntington Beach P. O. Box 190 Huntington Beach, Ca . 92648 Attention-. Eric I . Lovejoy Division Engineer I Rem Reimbursement Agreement No. 102 Dear Mr. Lovejoy: 1 This. office is holder of all rights under Reimbursement Agree- ment by and between the City of Huntington Beach and Mr. Henry H. Bruderlin. We have received information that in connection with a tract development the city has received or is about to receive from the developer certain sums under reimbursement j agreement which should be paid over under the. Reimbursement Agreement we hold . We would appreciate any information you can provide us as to when those funds may be payable or received . Very truly yours , Dennis W. Harwood DWH/mr i r DO NALD D. HARWOOD HARWOOD & ADKINSON OF COUNSEL DON R. ADKINSON ATTORNEYS AT LAW JAMES P. DEVINE PDENNIS W. HARWOOD SSO NEWPORT CENTER DRIVE-SUITE 434 THOMAS A. BERNAUER POST OFFICE BOX 1907 TELEPHONE (7I4) 644-1313 JOHN M. MEINDL NEWPORT BEACH, CALIFORNIA 92663 CABLE-"HARLAW October 20 , 1972 City of. Huntington Beach P. O. Box .190 Huntington Beach, Ca. 92648 Attentions Eric I . Lovejoy Division Engineer i . Re: Reimbursement Agreement No. 102 Mr . Henry H . Bruderlin Dear Mr . Lovejoy: On September 5, 1972 , I wrote you concerning the above captioned matter. To date I have received no response to my letter of September 5, 1972, and I would appreciate your responding to my letter as soon as possible. A copy of my letter of September 5 , 1972, is enclosed for your information. Very truly yours, 'OO Dennis W. Harwood DWH/mr Enclosure •i Septembcr. 5, 1972 City of Huntington Beach. P. O. Box 190 Huntington Beach, Ca. 92648 Attention: Eric 1 Lovejoy Division Engineer Re. Reimbursement Agreement No.. 102 Dear Mr-. Lovejoy This office is holder: of all rights under Reimbursement Agree ment by and between the City "of Huntington Beach and- Mr. Henry: H. Bruderlin. We have received information that in connection with a tract development the city has received or is about to receive from the developer certain sums under reimbursement agreement which should be paid. over under the Reimbursement- Agreement we hold. We would appreciate any information you- can provide us as to when those funds may be payable or received.. Very truly yours, Dennis W. Harwood DWH/mr 30 'Oc.tober 1972 TO: City Council- FROM: City Attorney SUBJECT: Resolution Authorizing ;Expendi.ture of Funds `from the Sewer- Fund At the request of the Director. of Public Works, we transmit resolution authorizing the expenditure of sewer funds as final reimbursement on Agreement No. 102 to H. Bruderlin, in the amount of $5,754.97•' Respectfully submitted,. DON P. BONFA City Attorney .- - /bc Attachment 1 - Rec �EP7 .6 -s �RKE OCT 31 1972 t f l' 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF SEWER FUNDS AS FINAL REI14BURSEMENT ON AGREEMENT NO. 102 WHEREAS, the City Council of the City of Huntington Beach has adopted a budget for the fiscal year 1972--1973 by Resolution No. 3503; and Section 5 of said Resolution No. 3503 specifies the pro- cedure for authorizing expenditures from the several special funds mentioned in said Section 5; and The Director of Finance and the City Administrator have recommended an expenditure; and The City Council hereby approves said recommendation, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that an expenditure in the sum of Five Thousand Seven Hundred Fifty-four Dollars and Ninety-seven Cents ($5,754.97) is hereby authorized to be made from the Sewer Funds as final reimbursement on Agreement No. 102, said sum to be made payable to H. Bruderlin and assigned to Harwood, Soden and Adkinson, attorneys for Bruderl.in. PASSED AND ADOPTED by the CitylCouncil of the City of Huntington Beach at a regular meeting thereof helms" on the 6th day of November, 1972. ayor ATTEST: APPROVED AS TO FORM: City Clerk y to .fi RMOT able Nam ama City Cou=11 City of Dsestlmgtes beads Attntioaas Doyley Hiller City AdmInUtrater Subject: Ulaborsemat Agreemmt Boo for Ccmtructiaae of Off-mite NaIn at tlemmt Ai eoasatrtte subject e� � ssaino Fees in the eat of P,2 7-0 bmw bem collect, Eros datum operm bem cannected to Ws Ag OmA said act is; TetumUble to the devalopr per the 'covAitlew of the agree- auto p�i�t is t" thet am be relsbareed, the check be s {dyable ta very tmlr gouge, Jmas R* Wheeler Director of Jtblic Works { MILUS•CITr Ar ERK * CITY OF HUNTI- 'ON BEACH No. 1 A-CITY cLeRK BRSK CTY ADMINISTRATOR �: CANARY-OUP^RTMENTAL ,. REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 1 -7 INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for-City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before admitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: I i�yeas� t�e7-- e,�P.��/urn o� �<�.uidr f u' ,•,�s �'Li�f 6lZrsfrrGy,, d/trm G /d.2 /�, �rGt 41G��;� I ?4 c�, �•n au,,,f cxu is ' �; 7J ?7 �dWG.r � s 7 G R'GtIS Dr� / n/d a+niccil�7's AtvG 4e, A./ js / Desired effective date Signed: Approved as to availability of funds Director of Finance City Attorney— Please prepare and submit printed copies to this office by: City Administrator ASSIGNMENT OF -MONEY DUE OR TO BECOME DUE UNDER REIMBURSEMENT AGREEMENT For valuable consideration, including past legal services rendered and in payment for said' legal services , I hereby assign . to Harwood, Soden & Adkinson, 550 Newport Center Drive, Suite 434 , P. 0. Box 1907 , Newport Beach, Ca. 92663 , all my right, title and interest in and to any 'and all sums of money how due or hereinafter becoming due or receivable by me from the City of Huntington Beach under Reimbursement Agreement No. 102 dated .April 8 , 1965 , and I hereby authorize Harwood, Soden & Adkinson, at their expense, to take all steps necessary -or convenient to collect said sums of money and _further agree to execute any and all documents necessary or convenient to allow the holder of this assignment to collect any sums due , under the aforesaid reimbursement agreement. Dated this 3 I day of '0e_c.p,r,ybt4,- 197 f, at. Huntington Beach,. California. I)LI,&V .;4 ICA Z4 Henry Bruderlin STATE OF CALIFORNIA ) ) SS . COUNTY-. OF ORANGE.• ) On Dee. '31 ., 1971 , before me, a Notary Public in and for said county and state , personally _ appeared Henry H. Bruderlin, known to me -to be 'the person -who executed the within instrument and acknowledged that he executed the same . -• '611�J,'�ul0�li,^_Jl.�li�!`IIIIL -'hlll-.ILi9!iill---II -: III -III :'llll'llli'"111111CIi.'IWiTIP'FHI;� - -OFFICIAL SEAL ��_ A",ARCE!LA F. HANNAHNN J " NOT CY PJ-LI!J—CALIFORNIA'--� - - - _�.:� o,,f CI'AL OFFICE IN - O.:AN'GE COUNTY My Commission Ex-pires Jan. 17, 1912 uWi—=memmru!�ncip'u:13W;iPiIIU!o5!61,:i;ll!I!;!Sliil[3f�I,'Yr HARWOOD, SODEN & ADKINSON DONALD D. HARWOOD - OF COUNSEL 'MARK A. SODEN - ATTORNEYS AT LAW JAMES P. DEVINE DON R. ADKINSON 550 NEWPORT CENTER DRIVE-SUITE"434 " DENNIS W. HARWOOD POST OFFICE BOX IS07 TELEPHONE (714) 644-1313 THOMAS A. SERNAUER NEWPORT BEACH CALIFORNIA 92663 - - CABLE-HARSODAD" January 6,, 1972 Mr. Eric I . Lovejoy Division Engineer City of Huntington Beach Engineering Department P . 0. Box 190 Huntington Beach, California 92648 - Dear Mr. Lovejoy : Pursuant to our telephone conversation of last week , .I have enclosed a duly executed and acknowledged Assignment of Money which is now due or which will become due under Reimbursement Agreement No. 102 : Said Reimbursement Agreement was executed on April 8 , 1965 , between Mr. H. Bruderlin and the City of Huntington Beach in relation -to a sewer main and connection thereof. You are hereby advised that all accrued funds are henceforth payable to Harwood, .Soden & Adkinson and should be sent directly . to Harwood, Soden & Adkinson, 550 Newport Center -Drive ; Su. 434 , . P.O. Box 1907 , Newport Beach , Ca. .92663 . If you have any questions or comments, please do not hesitate to contact me . Very truly yours , ennis W. Harwood JM/DWH/mr Enclosure 4"OFFICE MEMORANDUNr ' TO Date 2Q—7l From T /j// Qi��;��1 /�G� /�, -�?, GS7¢, In Re /yv �V -4901�r' 'l =f/mot. �t., 6�©w Apt,. 1 �/iS` t Sr�G �7 /le. Ir s �Irur�S /r�MQ+N/i!I �'V�r1(i(i J 7 av 7, 62,u 4-7 71 Al.%-tG o,12-.28 -70 /p/ 237 ¢� Mrs Walk, I� 7�ck Pird 3Deey 1i69z/�/A, 6u/t d,Y /- ¢J gss'�Ol�' IV/�t, to 122 B USy DO �s4/-NLiI p,C,� �q/IR �iI Tiw�! ,L� S� _� zG//ir Y� /�APt{1dG%� G°aG i7<iry�r "/JGif! flfflE,)me-xi4 —�©�� oft, iS hoW r�•aia� i 1 li 1Y i gz i Cu4tt'si O'160 J Cl� a de tft i315 r' ! 2 off-S /v,Pl so W. i cob f . . .. � 019 1 S AA as r _lbw ."d / ae a pair o -�P .�5 tlew of �;ha a- '� � O!" '@/EraGf 1G� iJ st/s /'G S,8/uL-i�0y Gtwl�hOr%,�in��%jj �lo.f e°,C rJ �jf` TRif KMAdCtI't fhL Yd»91eIO '641;if/G(I 1W de T J It s t ems welmPorogdo as9 9 / .�IG✓�G � G/' JrSo' �• /Jrl.� c � Dn J��.I ��I/�Zd.rt/ra� TOY MAY YOM J0 no .ftwielf December 23, 1971 4 i Franchise Tax Board 2021 East fourth Street � ! Santa Ana, California. 92703 Attentions 'N. Walton Tax Representative Gentlement Enclosed is a check for $4,482,30 as final reimbursement I on Agreement No. 102 to H. N. Bruderlin and assigned to Franchise Tax Board. Although the remaining balance of this agreement is $5,754.97, no further reimbursement will be made to Franchise Tax Board but will be paid directly to H.. erudeslin as fees become available. I Very truly yours, James R. Wheeler Director of Public 'Works Eric I. Lovejoy Division Engineer JRWtEILsTKtia Enc. cct Henry H. Bruderlin A% City Huntington of Hunti ton Beach P.O. BOX 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT December 13, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Reimbursement Agreement No. 102 for Construction of Offsite Sewer Main at Heil and Algonquin Gentlemen: Henry Bruderlin constructed the subject sewer main. Fees in the amount of $4,482.50 have been collected from developers who have connected to this line and said sum is refundable to the developer per the conditions of the agreement. Enclosed is a resolution authorizing this expenditure. With reimbursement of this amount, the re- maining balance will be $5,754.97. It is requested that sum be reimbursed, the check be made payable to Franchise Tax Board per Assignment from Mr. Bruderlin on this agreement and the check be returned to this office for transmittal. Very truly yours, James R. Wheeler Director of Public Works JRW: -ae Encl. cc: Finance Dept . Q <- IMPORTANT! 00000 To Date Time c1 l While You Were Out i o/ /4 Phone TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH Message0 1 - Operator RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year 1971-72 by Ordinance No. 1651, and WHEREAS, Section 5 of said Ordinance No. 1651 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the. Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Four Thousand Four Hundred Eighty-two and 50/100 dollars, ($4,482.50) is hereby authorized to be made from the Sewer fund. Fund payable to Franchise Tax Board per Assignment from Mr. Bruderlin for work performed per Reimbursement Agreement No. 102. PASSED AND ADOPTED this day of , 19 Mayor ATTEST: City Clerk J- OFFICE 'MEMORANDUM To �tl(i Date From �l In Re . 9,2 �- / f8 0�/ ,2s— �G(ULr �cGs ���tcfeL ell 4-17_48 .79 x d cmnacd �) ,/ r S'(oT3 rt - �6z6zz- /J �47 30d,00 TcysT�s fs (�/fr 78 �7 erna,.�f�� / r STATE OF CALIFORNIA FRANCHISE TAX BOARD 2021 EAST FOURTH STREET SANTA ANA, CALIFORNIA 92705 City of Huntington Beach August 26, 1971 P. 0. Box 190 SA:A:NW:gm Huntington Beach, CA. 92648 Attn: Mr. Ted Mullen ment of Reimbursement Agreement No. 102 Assignor: H. H. BRUDERLIN Account No. : 554 10 2574 Amount Due : $4,919.83 (Interest to 8-25-71) Interest at 6% per annum Mr. Bruderlin advises this Board this date that the Reimbursement Agreement has been extended another five years. Enclosed is another copy of the assignment executed by Mr. Bruderlin in favor of the Franchise Tax Board. All remittance should be made payable to this Board at 2021 East Fourth St., Santa Ana, CA. 92705. N. Walton Tax Representative Enc. SANA JUL 7 W/U hLUU 8 pt. type or larger -•. 't,'^rahK• vv R7� \�. ► y- .3;:',q- ;3'Ax4• - y 1 \`i"t - _ _ 1�•^y-qh c ^t•; ,,R. - a ta- �� r '.7.04` F �.<§ w `5��' l' g ;Y 'g• •�ti s. � ��• "�`... ,.. ° } -1 °"'e+s� ". .:�..'?-_. _ �s �� • �51',�.�y*�, A£ J �r 1...:'E.".a.�i3t�Y'`a'�A Ei��'Y_��:6e%:t).sr�h.•1? 1rLd i. --''�' � +-'u`i,�d'1:.as Y+�.S.�"J•„�,: � •r ,^:e`_..,'ea'=�: �� � � RECORDING REQUESTED BY A AND WHEN RECORDED MAIL TO } i Name Street :• Address '} Cf tY do "; s! stato �{j `; ; �'* t SPACE ABOVE THIS LINE FOR RECORDER'S USE li YyN GENERAL Fob VALVE REC V]W, do hereby sell, assign, transfer and set over unto '= ri-c;w�I.s� Tui< f�f� SrritE� c � fc �,ic` the within p/of��/r r� imA.�t 1` ai P�'cEsirT !�C! .tt /02 J;b-ted t!i � ,6/ "-ti C�� / O NI� ttrr6 e � o� u Nr/'v To HAvE Ain To HoLD the same un4&Ae-eaA4 C-1141 f d t it ae t A III /,o S G r, o f /3 G 39 oE'r 1za„f.1&1 S/4 Nil l61 ow I '��", y'eii'F� @' i�AY9�.�dminiC}Tpt'nrc anr� aSSr•�S Clr}linnt nPvprflanl + el,i ilia i min-sr� � � iti � h">> A� B" a i; -4 �k � fi rn � �s9 k,_ 1 WrriFm the hands and seals of the parties hereto the /S day of .0 a 19 r R. STATE OF CALZFORN74, � , Postage No Will be Paid Postage Stamp by Necessary If Mailed in the Addressee united States BUSINESS REPLY MAIL FIRST CLASS PERMIT No. 16604 LOS ANGELES, CAL. FRANCHISE TAX BOARD 2021 EAST FOURTH STREET SANTA ANA, CALIFORNIA 92705 s City of Huntington Beach P.O. BOX 190 CALIFORNIA 92649 ` . ENGINEERING DEPARTMENT March 29, 1971 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Request for Extension of Reimbursement Agreement to H. Bruderlin - No. 102 Sewer Main and Pump Station, Algonquin and Heil Gentlemen: Request for time extension for an additional five years has been made by attorneys for H. Bruderlin. In view of the extremely slow development in the area served by these facilities, this department recommends that the extension be granted. Very truly yours, i JamesR. Wheeler Director of Public Works JRW:TM:ae March 9, 1971 0 i Dennis W. Harwood P.O. Box 1907 Newport Beach, California 92665 Dear Mr. Harwood: Your letter of March 8 has been received and considered. In view of the extremely slow development of the area served by the sewer built by Mr. Bruderlin, it will be recom- mended to the City Coundil, at their regular meeting of April 5, that the reimbursement agreement be extended five years. Very truly yours, James R. Wheeler Director of Public Works JRW:ae cc: Ted Mullen i i I i I r HARWOOD, SODEN & ADKINSON DONALD D. HARWOOD OF COUNSEL MARK A.SODEN ATTORNEYS AT LAW JAMES P. DEVINE DON R. ADKINSON 550 NEWPORT CENTER DRIVE-SUITE 434 DENNIS W. HARWOOD - POST OFFICE BOX 1907 TELEPHONE (714) 644-1313 THOMAS A. BERNAUER NEWPORT BEACH,CALIFORNIA 92663 CABLE*HARSODAD" March 8 , 1971 Mr. James R. Wheeler Director of Public Works City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Dear Mr. Wheeler: This firm has been retained by -Mr. Henry H.' Bruderlin in regards to a sewer reimbursement agreement entered into by Mr. Bruderlin and the City of Huntington Beach. The agreement (No . 102) is dated' April 8 , 1965 . " By its terms ,- the net refundable amount is $22 ,657 .47 , Although under the agreement, the remaining refund due is $10 ,237.47 , Mr. Bruderlin has been informed. that no further reimbursement is to be made according to 'City Ordinance Code S. 3545 (a) - limiting refund payments to a five (5) year period from the date of appli- cation. Without questioning ' the"validity or applicability of S .3545 (a) , we feel that under the circumstances , a refusal by- the 'City to abide by the strict :terms of the agreement would render an . ex- tremely inequitable and harsh result. We have contacted-. Mr. Mullins in the Engineering Department and he has suggested the possibility of contacting you- for -the purpose of petitioning the City Council for -an extension of the reimbursement agreement.- In support of granting an -extension of the agreement , we have been informed that in the_ past -it has been the practice -of the City to make reimbursement payments , where refunds have been received from subsequent builders , even though the agreements , by the applica tion of .S.3545 (a) , may have been terminated. This has been particularly the case where a harsh result would have occurred by the cessation of reimbursement payments . When Mr. Bruderlin began the Heil Avenue , Huntington Gardens , development , it was- anticipated that the area would be fully- developed prior to this date . Instead, an unanticipated slow .growth_ has occurred which has resulted in low payments into the City 's reimbursement fund.. Mr. James B. Wheeler March 8 , 1971 Page 2 Secondly, the application of S .3545 (a) , if it does apply to Mr. Bruderlin or to builders in similar circumstances ; would have a. detrimental affect on the willingness of builders to participate in reimbursement agreements in the City. The present slow growth areas would become even more depressed by the very fact that builders would be subjecting themselves to the risk that other builders might not follow within a limited time period. In making this request , we are reserving the question of challenging the legal validity of S .3545 (a) , it being our opinion that an in- discriminate application of the section, other than being inequitable , may be. a violation of due process under the State Constitution. As counsel for Mr. Bruderlin, we hope this matter will be settled in an equitable manner. An extension of the reimbursement agreement for five (5) years , taking into account projections of the further development of the Heil Avenue area, .would obviate the need for possible litigation questioning the effect of S .3545 (a) , and serve the interests of both the City of Huntington Beach and Mr. Bruderlin . ' Your aid in directly petitioning the city on behalf of Mr. Bruderlin would, therefore, be appreciated. Please feel free to contact us 'if you have any questions or suggestions . Ver truly yours , .�0 Dennis W. Harwood DWH/mr cc: Mr. Ted Mullins City of Huntington Beach P.O. BOX 180 CALIFORNIA 82648 ENGINEERING DEPARTMENT December 14, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator / Subject: Reimbursement Agreement No. 102 ✓ for Construction of Off-site Sewer Main in Heil and Algonquin Gentlemen: Henry H. Bruderlin constructed the subject sewer main. Fees in the amount of $6,120.00 have been collected from developers who have connected to this Line and said sum is refundable to the developer per the conditions of the agreement. Enclosed is a resolution authorizing this expenditure. With reimbursement of this amount the remaining balance will be $10,237.47. It is requested that sum be reimbursed, the check be made payable to Franchise Tax Board per Assignment from Bruderlin on this agreement, and the check beieturned to this office for transmittal. Very truly yours, toe ames R. Wheeler Director of Public Works JRW:TM:ae cc: Finance Dept. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY %EN, - OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year. 1970-71 by Ordinance No. 1585, and WHEREAS Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Six Thousand One Hundred Twenty and no/100 dollars ($6,120.00) is hereby authorized to be made from the Sewer Fund. Fund payable to Franchise Tax Board per Assignment from Henry H. Bruderlin for work performed per Reimbusement Agreement Nam. 102. PASSED AND ADOPTED this day of , 19 Mayor ATTEST: c City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year. 1970-71 by Ordinance No. 1585, and WHEREAS Section 5 of said Ordinance No. 1585 provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and WHEREAS, the Director of Public Works and the City Administrator have recommended an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Six Thousand One Hundred Twenty and no/100 dollars ($6,120.00) is hereby authorized to be made from the Sewer Fund. Fund payable to Franchise Tax Board per Assignment from Henry H. Bruderlin for work performed per Reimbusement Agreement Nam. 102. PASSED AND ADOPTED this day of , 19 Mayor ATTEST: City Clerk S December 28, 1970 Franchise Tax Board 2021 East Fourth Street Santa Ana, California 92705 Attention: A. D. Kinnett Gentlemen: Enclosed is a check for $60120.00 as final reimburse- ment on Agreement No. 102 to H. H. Bruderlin per assignment to Franchise Tax Board. Although the remaining balance -of this agreement is $10,237.47, no further reimbursement may be made finder City ordinance code S.3545(a) which states, "Refunds shall be payable for a period of five (5) years only from date of applicants application for sewers." As all sewer fees of developers connecting to this facility have now been reimbursed to you, we must consider the account closed and the reimbursement agreement terminated. Very truly yours, James R. Wheeler Director of Public Works Eric I. Lovejoy Division Engineer JRW:EIL:TM:ae Encl. cc; Henry H. Bruderlin i Erablo Mayes "d city cemcil city of Hustfttm Bomb Attentions Doyle villas city istarator Subjects Seism t % No. ®.Z &T CegtC=tic6 o8 Off alto t �tetle�oa /-�L�ar ��rGll�Grlh Cmatsmted Abe Ma ject �.v, mare. Ma le! mat I NI o� hmm bees collect" flew d mro VIo bay accosted to tbSa 3d said an is s/ / bie to the dwelepis pair the.4WA ,1 of tua ate" Ito �i�Gr4(tiG %S Ile,de�+l%un �'limdvis: a-Y.®a �� Grnaizi� d /er�c� U�•% /0 ,�,��4I rt is C be to gm. the be smtdm able f i�r i5 P vet Gr .f1sf% .vrna�� ro�sr drudcr/•:1 oia :� �aav�. L'si to this office Wr tYmg sw tte . very trmly yoVea Jam D. files DIresW of ftbIle ftft JEWIT6aot i ® v ®� City ®f Huntington Beach P.O. ®OX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT July 27, 1970 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator i Subject: Assignment Agreement No. 102 Executed by Henry Bruderlin in Favor of Franchise Tax Board Gentlemen: Transmitted herewith is the assignment by Bruderlin in the amount of $13,038.44 plus interest at 6% to the Franchise Tax Board. The balance remaining -on this agreement is $16,357.47. It is recommended that your Honorable Body approve this assignment and authoize future payments in the amount of the assignment be made to the Franchise Tax Board. Very truly yours, James R.- Wheeler Director of Public Works H. E. Ha rt e g '/� City Engineer JRW:HEH:T�ae Trans. i i P7. STATE OF CALIFORNIA FRANCHISE TAX BOARD 2021 EAST FOURTH STREET SANTA ANA, CALIFORNIA 92705 83s�ls�D July 20, 1970 LA:C:ADK:rf City of Huntington Beach ' . P. 0. Box 190 Attn: Mr. Ted Mullen Huntington Beach, Ca. 92648. Re: Assignment of Reimbursement ' Agreement # 1M' ; Dear Sir: Enclosed is a copy of the assignment executed by Mr. Henry Bruderlin in favor of the Franchise Tax Board. All remittances should be made payable to the Franchise ' Tax Board and sent to 2021 East Fourth Street, Santa Ana, Ca. 92705. The amount of the assignment is for $13,03_8`" plus interest at 6% per annum. i Thank you. Very truly yours, A. D. KINNEPT I Tax Representative i i 1 ' 41k 'rtt`,-\``'1'•' r ;' i 1...1" 'yi' {`6r''{`ti - Z '�+'t�F+?i '� - i {�C 4 .�kv'>!�F i^X� SJ'r�4'd� � K 171��� { (riI rsr� �lr�Y � t �� ': i��{p�•��y-� Oil LAM N RlLCORDINti REOU$STSD �XY L AND WNW RECORDIM MAIL."TO }r k Add nu - �' Cit7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT GFM> ; Foa VALva Rw=v=q Z. do hereby se%,assigu,transfer and set over unto �. / the within 17Q!!?9Tll Cd&14eo,%i/7F �aY�PrLfP.Lt 7t `y /42 :+tPctT-4110V l/8y�96� exeC& � flif' C� 6r /�`kK0� yy /T e! IrK olef-/fN � To HAvE AND To HOLD the same uss-Qw eaid`wad At- lit i'/" S G 12,1 D 39,!E41-gkj 111yv;es ot'r it it"drt d at II aW / 1' 0.81ft i/uQ -Sett 1+Q�r rgl,ar�.ninicfiYft ry one oca,Inn 'ia�nn.�ar�);nl�o. `cy 2e therein ewvsDmb �•� Iliad rmc 2-0 SR ` r CSY;3 S Wrrmm the hands and sea]?s of the parties hereto the day of 19__ (1. R STATE OF CALWORNIA, $$. `� r� • before me, Ae undersigned, a Notary Public in and i y saw State., onal,Y"�.' ly p1���-..L r-i \\ known to me to be the person= whose nan+R,,L ✓£c['Cc subscribed to the within i�tr meat and aclm�s Wko6ged \v _ executed the same. . _ 'MTNi s my hand and official srW-' "khuAREf 1 , PA$KELL 1. A&/r//AI'm �� / /'/� (Seal) is i. �/�. ,,�.Ec' ✓ fir•=z C fi+ �,.; ..C'i� �, !l., _ .}•.R'l l ----'-- �.i IN Miri.� a"7y_ Title Order No......... ..................-..........- �i s OFFICE MEMORANDUM To File Date October 22, 1969 From City Engineer In Re Reimbursement Agreemnt #102 Reimbursement in the amount of $1,047.00 from the sewer fund to Mr. Bruderlin was approved by the City Council on October 20, 1969. Mrs. Bruderlin picked up the check from the Finance Department on October 21, 1969. H. E. Hartge City Engineer HEH:ae October 16, 1969 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subjects Reimbursement Agreement No. 102 Henry H. Bruderlin Reimbursement for Off Site Sewer and Pump Station Gentlemen: Henry Bruderlin constructed off site sewer in Heil Avenue and Algonquin Street and a sewer pump station for which he has subject agreement. Fees have been collected from Tract 6231 in the amount of $1,047.00. Said amount is reimbursable to Mr. Bruderlin. It is reomaended that the reimbursement be approved. Attached herewith is a resolution for transfer of monies from the sewer fund. The balance remaining on this agreement is $16,357.47. If approved, please return the check to this office for trans- mittal. Very truly yours, James R. Wheeler Director of Public Works JRW:TMsnt Attach. cc: Finance Department MNiY IRON THE St . wwwmo do City CQUWII of the city of ttntiast a 14aeab bw adopted ea budget fev do 1lieaal Year 1%9•70 by Orin No. 130e3, amd WERM, Sa ctim 3 of said OeAmace No. 1508 pwr ides the pwc®d " for autUrisUM expagituves from the several Speciel Fmda mAtIoned Is said Section S, mood VURR S, tbs Director of Public Wo*s mad the City AdmWetrate w ham r®rssmo4e 1 an oxpmditeure, md R tEAS, the City Ceme;il hereby approanas said recesueemdetimat BE IT IRRUFOU P3ESOLM that an expesditm In tba ammat of One Ybousamd and 8®aty Sari and 00400 Dollars ($1,049.00) is baimby autbmIxed to be =We lrexa du Seeaar ?Undo Fwd payable to tie® BMW 8. SaWerlin for acorn perfeamd per Raimbursessmt Ageaaomt tto. 103. PASSED AND AVOP ED We 407 e>r of m MY '01 =090FIWO Daub io AT ESTI City clerk of the sty 2 antsugtem rh;m 1 i r1 Dscembw 20, 1968 Honorable and City COLMCIL' City of R1mi;L& zoy1 %ach Ma Rew—j &� BE`uderl in Reimbursement for Offisto Sewrer and �;�3 st'ation Gent,"u�I@Y n Hemn"j Bmdirlia- co tra&.ed of'fabte isewer in Heel Avenue and E'Agonauin Sta clt',- md a sew-ar p statism 2W dhich he °x.w subject a, cm-entF ��,&az 1mve lbeeea.coUeated from bracts 6233. and -in the aX.%.ta"wr, OzT said amou at i , rE'�IIshm—emble to ® tB�">2derlin0 g 'it la L car ded that the raimbursament a a r-ov ode Attached 33 aah_`e-c"J"'h -10 t.3an .<3a.t.�.L d for or transfer of moanolve.."' •&-m the sever tandb If appr;:v-3d; pIam-se rotam the d1 e& to this offlft for tbzmr�,- b?®---.v tmly youre v 'fames -® Wheeler M:motor of Public too m ttp�� pi- �r :Lon 5 cif` Bald Ord=—and oe llo,, 14,---.7 providess tine dure nor -%-- OF lAvr,- q••--Qd .tuxrcs 9=1 he swum l speclal eftands mmUcasi, is d Seeldfut 5R: :�r,d umummmwo fizz mxectaa a dais^c wed �� the caiw mninist=tar have xcc l&�, eta .itweip md WE 119 TIMTE TC'a53's RM VED i m-teac' • M J; A e 'Int of �p�f?�a�T,elc'l-oo-ew�dse,d a-r* a,r�.�,��€iji 252�,�.J�1,a raa�a��ga��3)ate/Ptdd YN'n�l v�� 'rpl L0q� .�Of�di9 S:' � cfs8luti5ot'.d3` ECG. AY-F7ie a3E: a l� ',&i'�baa .�.1:� F:a•.�6\Ftd �# .r.:.67 �'T yj V�639 22 herolby oiWmAmd to l" made from the Swer m md* Fland pVable to Dfaa. F- oy rl, %ur6cAin for wora pwf,-,=ed yes: Reim went A�—ment 'tea City %Iezk of f'I z City of n f-e December 20% 1968 Honorable for and City Co=cll City of Runtingt= Beach Attmtion: Doyle Ml ler Gi :V Adminletrator Subject: Transfer of N%mds from Sewer Fund to Water Fund - ReimA S ement Alpeement 11o. 102 and Agreement of Assignment t Gentlemen: an April 10, 1968 an Agreement for Aaagnmnt was made seziping a portion of Fail. Br<aderUnO z interebt in Reimbursement Agreements Noe 102 in the amatat of 9626.;8 to the Water F=d for £at of a inter bills We recently collected sever fees from Tract 5994 refundi e to kL�°m Bruderrl-ine - It is recomended that the total'of U26*78 be tmu.saPerred from the sewer Awd and debited In-the rater 'mad per the attached resolution to satiofy the Wo ment for acmgignmente Very try youraa aws Rt. Wheeler Director of Public Works J : :aG Attach, cc: rice Dept. �i E ae -PT rr'. rn^-scx:.^xa:ts _ r ^ yus�.'Fi��`O �::�+�'a�^yC�;�a RCIL Qr�gc��.�,(c'y.�rff OF Hrl.7 �\Si':e Y4.T. BE.A.0 EY.L}E-...iM�L".'�da°.IbdC"v��. `� , Zl:`:aJ*." i.`y L�1 r or Yr_t` s D. t;` M-,l a ;"l; u t c(r .? Of the City 02 ruotLngten _ - d a hz-.a adoyptei� U MERML) &:%Vit oia 5 of mid O n l7b$ 1427 pwovidw the pad- for thw�!,2;n; V.-Yeaditsuve frua the ooveazl Arc ftAds a tionaa In WAd 3"tion qq�p t i,IS j -Z'aa Divactcr oT EVI- c Woes �c she City �.cic�wiatretor have � .Ya ry� g and U a �L e Girj ftm it Ilhorable ap cov as mid .m r-t?atA cns 9 ED XT W=M TMO U`-M teat an eirpan6itwae J the am=t of to be mcle dtnon, the Sswa 8y a Mmd payable to the Water F=d for A b o° Aaw gwmt dated 14-M'.03 Wig " Henry derlia.'. FAM7D MM AAUP � th-s _ day of s:�Asa o :a� s pia @ i s City 0: date �i�z Cyr April lo, 1968 and City 4ounci1 City of -untie;teal Beach Attr itions Air. Doyle Killer City Administrator Subj ec"t s Agmemmt for Aasigument of Reimbursement Agmement No. 102 and 103 -Huntington Gascen Apur mte j G��„1r�aras Mr. Ron•yy H. Bruderlin, the canes• of th:� Huntington Garden Apnrtments lc4;atal at 4901 Heil A mme, has been unable to pry► a debt to the Water Dop^.rtmest in the Grunt of. $1,078.0@. There is an a6reerro-nt betvvm Mr. Bruderliu and the City$ No. 103, whereby he ir- antitl.ced to a refired in the amount of $451.22 for coot to him for offaite Crater facilities. Addition,-LUy, there is an agrasnent No. 1029 whereby Mr. Bruderl:in is entitled to a refer in the amcnmt of $22,657.47 for offeito ewer facilities constructed by him. Troxwmi.tted herewith is nn Agreement for Aeeigment prepared by the ksaistaut ity Attorney cmiptfag Mr. Burdarlin`s interest -to the City, Agreemnt No. 103, in its entirety the sum of 6451.22 and assigning a portion of Agreement No. 102 in the amount of $626.78. In view of the act that are have been unable to collect y the $19078.009 Et4 that the alternate to ampsyment of a debt in to tern nmta t'ae water service to the apartments effecting mW townts9 it is reammended that this .agreement be approved and that the K yor and City Clexk be authorised to execute am&. Very truly you=* Aare@ R. Wheeler Director of Public Works JP.W:HM:ae Trans. REn(BURSEMENT AGREMNT THIS AGREEMENT, dated this day of 19W. by and BETWEEN CITY OF HUNTINGTON BBACH, a municipal corporation hereinafter for conven- ience referred to as, CITY Mr. Henry Ho Braderlin Huntington Gardens 4901 Heil Avenue Huntington Beach, California BUILDER O • IN W I T N E S S E T H: WHEREAS, Builder has filed with the City Engineer of the City of Huntington Beach for the extension of a sewer main and connection ` thereto for Huntington Gardens .at 4901 Heil Avenue' WHEREAS, Builder has entered into an agreement with the City of Huntington Beach relating to performing the necessary work in the construction of said sewer line; and AREAS, Builder has agreed, at his awn cost and expense to construct and build said off-site sewer facility all in conformity with the plans, specifications and provisions as approved by the City Engineer; and WHEREAS, The construction of said sewer line shall be in conformity with the Huntington Beach requirements relating to sewer, and at the com- pletion of said construction and upon acceptance by the City Engineer as being in full conformity with the plans and specifications approved by said City Engiheer, shall be dedicated by the Builder to the City of Huntington Beach; and 1. ]babe r 102 ct' Said rGwe- A r.d r3 a- M, frcm aa:- n r ch, 1"e e.f-� merits herein contaLneC, ^L Tha C Linor. ­ r".t�c hereirafter described by 41.— t,.; ;,ha Er�;-ineer and on its dadica-si--.-f) of shall be ent-'tled to, refund Evc;­ t-*�;n fe Huntington, Beach for connec-i.-..'Lons r,-:,r'L c, t c.) sa i d re n,a. t.e r -I e 8 C r i be J f-a +Y in accordance with the proAsions Jf ChAptei i6 of t­e :IUnt_,,I!7'on 3eac?" Ordinance k'.*.'ode. 2. The facility constrticted by- _Railder arld fc-r TVI-.ich refunds are hereby agreed to be ppid to �ji_'_'Aer iz de.-3orfibee, as Off site a). Heil Ave. from 20j We st. 'f Bo.'Isa. Cha-ca to Algomilin -St, b). Alronquin St. from ii_--ii Avenue to -Pearce Street c). Lift Statioa at k1gonquin and Pearce Stree-� d). Force train in Algonquin Street from Pearre St. to "Narner Ave, 3. Builder does hereby, ackncrw1prige that he 1-.a� rpC-,-,,-VeC a refund in the form of a credit in the amount of 12 938 qO waiver of connection fees. 4. That the cost to the Builder for the construction of said he sig n of $ 51,1191.94' jr-facility is 4 5. The refund to be paid to the ii-;,ilder under this Agreement is as follows: Total Job Cost of Facility A 51.,2.91,94 Less:. Refund credited by wavier of fee on connecticn to lot . $2L93c-50 City Participa4-ior, x -)lvlgl,gb. _ 425w525-97 Total $289534-47 28,5314.0 Net Refundable $ 022o657-47 2. tl,e of r 'unti n"on _'d-u-'. have o: in to tie ':ity I r'c V:at ",ii! Jer ntitik?� to a refund or a spec i _)-L-ec ti v_ -;Iy beer. -.Oile to VAs particular facility in -:;:.-o?-!:Irce ivlt' 11.ipter tmr' 'he `it,�r 'nas rpr!eived tl:'-� fe!a for snv? h comectior. 7• not of rF'--,.ni I— mason of its to or entitir sovver fee. oi-v!ver, _i4,y n -re. -.s n r.)r ':aa!�i judicial procelum, to nrote- t. tht, indiv-_:!iUlr: or an-titles, tv t't,:-. col? !�tin�- cf the iho ha-re (-,,1nstr2r_ted se-ser facilitip-, rw_-.,er eithr?rr prior '.n v 7 t-th th:. d­!vt-!o-_n-ant of any nronerty + 3evelors prorx­t%, -;—r—ed '-n Fni-! M4 ­cn-!iti,:)n of lim�! sai ei lev-lopmt--n+ c-!r.,t ,r.+ ari,litioml r re town- r rea.-.p rc ---,n-i- --i tl!: Ciis rinid A-Tepmanti :"itv a --mpn r4l to t%';e d r-ve I o ne r .:)4- a-v ^rno­rti,_­'. y t . Cac!I;Il4.`.:­_: described hemin. n J 4 ( nr -ii!!; - t, leposit the s sewiir fee tl-,c -:rilor to ­::n-:urrearit with iie-c-1:,nment, in that Pvent City �vill pro-ri:;e In _:n that. !ndd developer ��niy to thi., City 'DA to indiiiiduals or entities who to th;n cost of constrictinn of sewer facilities, to enforce the ri -ht.-q of tl:,; partii:s tIvit the prevailin- rarty shall. be entitled tr r-asonahl' attorn. pyn 1-;ov.ever, that tlia City not r-qnir- : to n: v t-L,9 a' '.orne:i!7 -fees ntrx o' the :-artims. 9. ,} _- ,n:ierstoo-: i-I-at ',44,y no , r:_q,1i_J ,­'n-I, to -7al rronee, in to ­rrotect tJi-:: i mere-':. �' V,.e -av do :;o. Date-1: muninApai corpor-i".cn, Y.a TT By APPROVED AS TO FURMr Asst. ity Attorney 3 BUILDER BY Vice President ast. Secretary STATES COUNTY OF ;�R, NGE On this day of a Notary Public, in and fl6r said ;'onnty and State, ps.-scnally ape ared DC'iEliD F. SHIF1;v, knawn to to _ the Mywvcr, aria PA''A, -_ ,S, Imown to me to be the City C]c rk of the i*.v of Huntington 5each, a municipal corporation, the corporation that exQciited t. e within in Stz— 'n(-_--nt and ackncV— ledSed to ne that the;,: executed s.ia _n5tmment :m b:`ai` )f sur_ti, municipal corporation. OFFICIAL SEAL EZ:IdESTIRA DI FABIO NOW',' PUBLIC CALIFC1 NIA PR: CE IN�� • ••I'Wit- QF�1. Tr1^_": I I i'R'.i i ORANGE COUNTY -- - -- - - — LR�E-TINA Di FABiO-NOTARY PUBLIC `'. In and ;. the County of Orange.State of California 1 My Commission Expires June 26, 1%5 City H{Il-HuadmLop Bowh.C." On this ::av of 1`� before me, a Notary Public, in an:' for the ;air noun:;- and 5+.at=, r.�-rsor,aslly a^iieared '.f:...c„r. t: me to ''be the Fresident and Frown to ire to 'he tre Secretary of the corporation that executei the within instriment and ac know l::d-ed to me that t`ley eyecu:.ed said instra^ient. on ` ehal' of slch corporation. .[G STATE OF CALIFORNIA COUNTY OF u. ORANGE a,....... 3l.)....!965.......................----.............._......... , before me, the undersigned, a Notary Public in and for said County end State, personally appeared....................._................. E HENRY H. BRUOERLIN U ........................................................-................................................... ............................................................................................................. Q ....................._............................................................................ oknown to me to h ...... whose neme..........I*S IDA ANN CAPER ......... tr ant and acknowledged to me �+A�Y..P..U. ...luALIFORNIA N ..I. .1 ....... . ................executed the same. o ws p� '1+� ' l. .. (Seaq _ �p .... Pu ic_Jn E foi sel �o t S to liry Amm1ssion u{+ , - -- - --- - --- - - - - 7-4 - -