HomeMy WebLinkAboutResolution 1981 - 0088RESOLUTION RESCINDED BY RESO.NO.81-93-S
RESOLUTION NO.81-88-S
APPROVING ADDENDUM NO.1 TO AGREEMENT WITH DAON
CORPORATION RE ADVANCE PAYMENT OF CONNECTION FEES
TO AID IN CONSTRUCTION FACILITIES TO SERVE THE
BIG CANYON DRAINAGE AREA
A RESOLUTION OF THE BOARD OF.DIRECTORS OF COUNTY
SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA,
APPROVING ADDENDUM NO.1 TO AGREEMENT WITH DAON CORPORA
TION RE ADVANCE PAYMENT OF CONNECTION FEES TO AID IN
CONSTRUCTION OF FACILITIES TO SERVE THE BIG CANYON
DRAINAGE AREA,PROVIDING FOR A TIME EXTENSION RELATIVE
TO RELEASE OF CONSTRUCTION BOND AND REIMBURSEMENT OF
MONIES ADVANCED BY DAON
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WHEREAS,the District has heretofore entered into an agreement with Daon
Corporation providing for the payment of $400,000.00 to the District,a portion of
which is deemed to be advance payment of required connection fees,to aid the
District in financing the cost of construction of facilities to serve the Big
Canyon Drainage Area;and,
WHEREAS,Section.10 of said agreement provides for release of the construction
bond and reimbursement of monies advanced by Daon if the District has not entered
into a construction contract by June 1,1981,unless extended by mutual agreement
of the parties to said agreement;and,
WHEREAS,said construction contract is now out for bid but will not be awarded
until on,or about,September 1,1981;and,
WHEREAS,it is,therefore,deemed appropriate to extend the date of said
provision from June 1,1981,to September 1,1981.
NOW,THEREFORE,the Board of Directors of County Sanitation District No.S
of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That Addendum No.1 dated N/A
,to that
certain agreement dated February 27,1980,by and between County Sanitation District
No.5 and Daon Corporation,amending Section 10 of said agreement,to read as follows:
“10.If for any reason District is unable to enter into a
construction contract by September 1,.1981,for the Project improve
ments as provided herein,District shall release the construction
bond as provided in Section 5 hereinabove,and automatically exonerate
said bond,and reimburse Daon for any monies advanced to date,except
if the terms and conditions as provided herein are extended by mutual
agreement of the parties hereto.”
is hereby approved and accepted;and,
Section 2 That the Chairman and Secretary of the District are hereby
authorized and directed to execute said addendum in form approved by the General
Counsel.
PASSED AND ADOPTED at a regular meeting held June 10,1981.
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.81-88-5
was regularly passed and adopted at a regular meeting of said Board
on the 10th day of June
,
1981
,by the following vote,to wit:
AYES:John Cox,Jr.(Chairman pro tern)and Thomas Riley
NOES:None
ABSENT:Jacqueline Heather
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.5 of Orange County,
California,this 10th day of June
,
19 81.
J.Wayne Sylvester,Secretary,
Board of Directors of County
Sanitation District No.5
of Orange County,California
S-104