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HomeMy WebLinkAboutResolution 1981 - 0143RESOLUTION NO.81-143-7 APPROVING AMENDMENT NO.2 TO AGREEMENT WITH BALDWIN BUILDERS RE DEFERMENT OF ANNEXATION NO.82 FEES A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY, CALIFORNIA,APPROVING AMENDMENT NO.2 TO AGREEMENT WITH BALDWIN BUILDERS RE DEFERMENT OF.ANNEXATION FEES FOR ANNEXATION NO.82 -TRACT NO.9606 *************** WHEREAS,the District has by Resolution No.80—41—7 ordered annexation of 99.02 acres of territory to the District in the vicinity of Chapman Avenue and Newport Boulevard in the unincorporated area of the County of Orange, Annexation No.82 —Tract No.9606 to County Sanitation District No.7;and, WHEREAS,prior to ordering of said annexation the District by Resolution No.79—160—7,approved and executed an agreement with Baldwin Builders, owner/developer of said property,for deferral of payment of annexation fees until June 30,1980;and, WHEREAS,deferral of payment of said fees was extended to June 30,1981 by Amendment No.1 to said agreement;and, WHEREAS,as a condition of approval of said deferral of fees,Baldwin Builders agreed to execute a promissory note secured by deed of trust on the subject property and to pay interest at the rate of fifteen and one—half per cent on the unpaid balance of such fees;and, WHEREAS,Baldwin Builders has requested a one—year extension for payment of the balance due in the amount of $84,368.75 with interest payable at prime rate plus one percent on the outandirtg balance for the extended period effec tive on the date such extension is approved by the District,all other terms and conditions of the agreement for deferral of annexation fees to remain unchanged;and, WHEREAS,it appears in the best interests of the District to grant said request for extension of payment of the balance of said annexation fees to June 30,1982. NOW,THEREFORE,the Board of Directors of County Sanitation District No.7 of Orange County,California. DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That Amendment No.2 to that certain agreement dated October 10,1979,by and between County Sanitation District No.7 of Orange County, California,and Baldwin Builders for deferral of payment of annexation fees for Annexation No.82 —Tract No.9606,providing for an extension of the payment of the balance due of said fees to June 30,1982,is hereby approved. Section 2 That said extension shall provide for payment of interest on the unpaid balance from July 1,1981 until paid at prime rate (Bank of America,San Francisco)as of August 12,1981,plus one percent;and, Section 3 That all other terms and conditions of said agreement shall remain unchanged;and, Section 4 That the Chairman and Secretary of the Board of Directors of County Sanitation District No.7 are hereby authorized and directed to execute said agreement in form approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held August 12,1981. 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.81-143-7 was regularly passed and adopted at a regular meeting of said Board on the 12th day of August , 19 81,by the following vote,to wit: AYES:Richard Edgar (Chairman),Don Smith,Evelyn Hart, Robert Luxembourger,Bill Vardoulis,James Wahner and Harriett Wieder NOES:None ABSENT:None 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 12th day of August , 19 81 . J,/W~yne 414~~er,Secretary oa d o~’/Diref~ors of County a ita~on D~Itrict No.7 Or~(ge County,California S -104