HomeMy WebLinkAboutResolution 1976 - 01480’
RESOLUTION NO.76-148-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,RATIFYING CONDITIONS AND
APPROVING AGREEMENT WIT!!LAZY B GOLF COURSE,
•A PARTNERSHIP,FOR DEFERRING PAYMENT OF A
PORTION OF ANNEXATION FEES RELATIVE TO
RIDGELINE/LAZY B ANNEXATION -.ANNEXATION NO.55
WHEREAS,the Board of Directors at its regular meeting held
on July 14,1976,adopted Resolution No.76—131—7 authorizing
initiation of annexation proceedings for that certain property
owned by Lazy B Golf Course and Lazy B Estates,Inc.,and
WHEREAS,such Resolution of authorization was conditioned
upon the execution of an agreement between the property owners
and the District relative to the deferring of a portion of the
annexation fees;and
WHEREAS,the District Directors have reviewed the agreement
approved by the property owners and recommended by General Counsel
for the District:
NOW,THEREFORE,the Board of Directors of County.Sanitation
District No.1 of Orange County,California
DOES HEREBY RESOLVE,DETERMINE AND ORDER AS FOLLOWS:
SectiOn 1:That certain agreement attached hereto as
Exhibit “A”and incorporated herein by reference is hereby
approved for execution by the Chairman of the District;
Section2:The following conditions for annexation re
commended by District Staff are hereby ratified arid approved:
A)A portion of the total District annexation fees
for 42.74 acres of the annexed territory is authorized to
be deferred for later payment,
B)Payment of the deferred portion of the annexation
fees shall be paid in full immediately upon the earliest
occurrence of any of the following events:(1)transfer of
the property to a new owner,other than a holder of a
financing security interest,(2)development for use other
than open space or the golf course—driving range,or (3)
Beven (7)years from date of this Resolution,
C)Payment of the deferred fees shah,be secured by
the execution of all necessary instruments and documents to
provide a security lien or other encumbrance upon the
subject property,
D)The amount of fees due to the District at time of
payment shall be in accordance with the fee schedule then in
effect for the District.
•PASSED AND ADOPTED at a regular meeting held August 11,
1976.•
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of
August,1976,.by and between COUNTY SANITATION DISTRICT NO.
•
OF
ORANGE COUNTY,CALIFORNIA (hereinafter referred to as “District”),
and LAZY B GOLF COURSE,a partnership (hereafter referred to as
“Lazy B”).
WHEREAS,the Board of Directors of County Sanitation District
No.7 have approved the initiation of annexation proceedings at
the request of Lazy B subject to certain conditions relating to
the deferring of payment bf a portion of the District annexation
fees;and
NOW,THEREFORE,the parties agree:
1.The parties agree that the Ridgeline/Lazy B Annexation
known as Annexation No.55 shall be initiated and processed
according to law.
2.The total annexation consists of 107.88 acres.
3.The amount of annexation fees,pursuant to the schedule
in:effect at the time of application to the District,due to
District is $53,935.92 ,based on a rate of $828.00/acre for
65.14 acres.
EXHIBIT “A-i”
4.District No.7 hereby agrees to defer the obligation of
Lazy B to pay the sum of $828.00 plus those fees as escalated per
paragraph 5 below (for 42.74 acres)to District until the
occurrence of any of the following,whichever occurs first:
A.Development of any part of.the property for which
the fees are deferred,by a use other than the existing golf
course and driving range.Upon development the entire
amount deferred shall be due and payable.
B.Transfer of ownership of the property from Lazy B
to any party other than the holder of a security interest
solely for financial purposes or to a person or entity
consisting solely of the same persons presently owning Lazy
B.
.
C.Seven (7.)years from the date of this Resolution
(August 11,1983)
5.Lazy B agrees that the amount of fees to be paid when
due will be calculated and based upon.the acreage ‘fee schedule
then in effect for District No.7.
6.The obligation of Lazy B shall be secured by the
execution of a deed of trust or other.similar instrument approved
EXHIBIT ‘!A-2”
by District’S General Counsel,in favor of District and to be
recorded in the official records of Orange County,California.
7.In the event of the failure of Lazy B to pay the
annexation fees when due,District shall be entitled to recover
reasonable attorney’s fees and costs that may be incurred,with
or without the filing of proceedings in a court of proper juris
diction,in the collection of the sums owing to District.
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the date first above written.S
LAZY B GOLF COURSE,a partnership,
By:_____________________________
By:_____________________________
COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY,CALIFORNIA,
By:______
ATTEST:
Secretary
EXHIBIT “A-3”
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.7.of Orange County,California,do
hereby certify that the above and foregoing Resolution No.76-148-7
was regularly passed and adopted at a regular meeting of said Board
on the 11th day of August ,
19 76,by the following vote,to wit:
AYES:Directors Donald Saltarelli (Chairman),Pete Barrett,
John Burton,and Vernon Evans
NOES:Director Don Smith
ABSENT:Directors Ralph Clark and Frances Glockner
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.7 of Orange County,
California,this 11th day of August ,19 76.
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•J./W~5rh,.S$17J(~,Sec~etary,
BØ’ay’d of/~ire~ors of County
•S~z1itat~y’n D~trict.No;7
of Ora~e County,California
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