HomeMy WebLinkAboutResolution 1981 - 0093RESOLUTION NO.81-93-5
APPROVING AGREEMENT WITH DAON CORPORATION AND
RESCINDING RESOLUTION NO.81—88—5
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.5 OF ORANGE COUNTY,
CALIFORNIA,APPROVING AGREEMENT WITH DAON CORPORA
TION RE ADVANCE PAYMENT OF CONNECTION FEES TO AID
IN CONSTRUCTION OF FACILITIES TO SERVE THE BIG
CANYON DRAINAGE AREA;RELATIVE TO RELEASE OF
CONSTRUCTION BOND AND REIMBURSEMENT OF MONIES AD
VANCED BY DAON;ACKNOWLEDGING A TRANSFER IN THE
PAYMENT OBLIGATION AMOUNT TO J.M.PETERS COMPANY,
INC.AND RESCINDING RESOLUTION NO.81—88—5
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WHEREAS,the District and Daon Corporation negotiated an agree
ment dated February 27,1980,pertaining to the financing of the
construction of new expanded trunk sewer facilities to serve the
Big Canyon Drainage Area,which is designated as Zone 2 within
District No.5 boundaries;and,
WHEREAS,said agreement provides that Daon Corporation,as a
benefited property owner within Zone 2 of the District,will make
payment of the sum of $400,000.00 to the District,a portion of
which is deemed to be advance payment.of required connection fees,
to aid in construction of facilities to serve the Big Canyon
drainage area;and,
-.
WHEREAS,ownership of said property within Zone 2 has now been
transferred from Daon Corporation to J.M.Peters Company,Inc.;and,
WHEREAS,an agreement has been negotiated with J.M Peters
Company,Inc.to absorb said obligation for advance payment of con—
nection fees to the extent of $350,000.00 to aid in construction
of facilities to serve the Big Canyon Drainage area;and,
WHEREAS,on June 10,1981,the Board of Directors of County
Sanitation District No.5 adopted Resolution No.81—88—5 approving
Addendum No.1 to said agreement providing for a time extension from
June 1,1981,to September 1,1981,relative to the provision for
release of construction bond and reimbursement of monies advanced
by Daon if a construction contract had not been awarded by June 1,
1981;and,
WHEREAS,Addendum No.1 was never executed by Daon and Dis
trict;and,
WHEREAS,a new agreement with Daon Corporation has been nego
tiated acknowledging transfer of the obligation for advance payment
of connection fees to the extent of $350,000.00 from Daon Corpora
tion to J.M Peters Company,Inc.and retaining the provisions re—
lating to the payment and reimbursement of $50,000.00 by and to
Daon Corporation.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.5 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That Resolution No.81—88—5,approving Addendum
No.1 to agreement with Daon Corporation re advance pa-yment of
connection fees to aid in construction of facilities to serve the
Big Canyon drainage area,providing for a time extension from June
1 to September I,1981,relative to release of construction bond
and reimbursement of monies advanced by Daon if a construction con
tract has not been-awarded by June 1,1981,be,and is hereby,
rescinded;and,
Section 2 That certain agreement dated July 1,1981,by and
between County Sanitation District No.5 and Daori Corporation,
—2—
providing for a time period to September 1,1981,relative to
reimbursement of advance monies paid by Daon if a construction con
tract has not been awarded,and acknowledging a transfer of their
advance payment obligation to the extent of $350,000.00 to J.M.
Peters Company,Inc.is hereby approved and accepted;and,
Section 3 That the Chairman and Secretary of the District
are hereby authorized and directed to execute said agreement in
form approved by the General Counsel.
PASSED AND ADOPTED at an adjourned regular meeting held
July 1,1981.
—3—
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.81-93-S was regularly passed
and adopted at an adjourned regular meeting of said.Board on the 1st day of
July ,1981
,by the following vote,to wit:
AYES:Jacqueline Heather (Chairman),John Cox,Jr.and Thomas
Riley
NOES:None
ABSENT:None
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
1st day of July .
,
1981
.
J.yne~S lv,ester,Secretary,
/BoaAd of’Dir~9’tors of County
(~i~itat~on D-fstrict No.~
of Or4ge County,California