HomeMy WebLinkAboutResolution 1982 - 0172RESOLUTION NO.82—172-2
APPROVING AGREEMENT WITH THE GOEDEN COMPANY RE
DEFERRED PAYMENT OF ANNEXATION NO.53 FEES
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.2 OF ORANGE COUNTY CALIFORNIA,
APPROVING AGREEMENT WITH THE GOEDEN COMPANY RE
DEFERRED PAYMENT OF ANNEXATION FEES RELATIVE TO
PROPOSED ANNEXATION NO.53 -BORROW PIT ANNEXATION
WHEREAS,The Goeden Company,owner and developer of property located in the
City of Orange described as Tract No.10439,has applied to District No.2 to
annex a portion of said property to the District;and,
WHEREAS,in connection with said annexation proceedings,The Goeden Company
as the owner/developer,has requested a deferral of the payment of the
annexation fees over a period not to exceed eighteen months;and,
WHEREAS,as a condition of approval of said deferral of fees,The Goeden
Company as owner/developer,has agreed to execute a promissory nbte secured by
deed of trust on the subject property,which property is generally described as
Tract No.10439,located in the vicinity of Nohl Ranch Road and Santiago
Boulevard,in the City of Orange;and,
WHEREAS,The Goeden Company as owner/developer,has agreed to pay the
annexation fees as set forth herein.
NOW,THEREFORE,the Board of Directors of County Sanitation District No.2
of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the certain Agreement for Deferred Payment of Sewer
Annexation Fees dated December 8,1982,by and between County Sanitation
District No.2 and The Goeden Company,setting forth the terms and conditions
for deferred payment of annexation fees pertaining to proposed Annexation
No.53 —Borrow Pit Annexation to County Sanitation District No.2,is hereby
approved and accepted;and,
Section 2 That annexation fees in the sum of One Hundred Fifteen Thousand
Nine Hundred Nineteen and 28/100 ($llS,9L9.28)Dollars for said annexation are
payable as follows:
A.Concurrent with the execution of this Agreement,the sum of Twenty—Five
Thousand Nine Hundred Nineteen and 28/100 ($25,919.28)Dollars;
8.The sum of Five Thousand ($5,000.00)Dollars as payment of principal on
the first day of each month commencing February 1,1983,and continuing monthly
thereafter for the period of eighteen (18)consecutive payments to July 1,1984,
for a total of Ninety Thousand ($90,000.00)Dollars.Payments shall be deemed
delinquent if not received by the 10th day of each month;
C.As interest to District on the unpaid principal balance,deferred as
provided in Subsection B herein,a sum equal to the prime rate of interest as
quoted by the Bank of Axnerica,NT&SA,SanFrancisco,on the effective date of
this Agreement,plus two (2%)percent per annum.Interest paymehts shall be
made to District separate from principal payments,and shall be calculated and
paid quarterly on the last day of the quarters ending in December,March,June,
and September.
Section 3 That as security for guaranteeing the promise to pay contained
herein,Developer shall execute a Deed of Trust in favor of District for Lots
Nos.79,80,81,and 82 of Tract No.10439,which shall be recorded in the
Official Records of the County of Orange.
Section 4 That in addition,the sum of $750.00 shall be paid concurrent
with execution of said agreement as reimbursement to District for expenses
incurred for legal,engineering and administrative services related to the
development and execution of said agreement;and,
Section 5 That the Chairman and Secretary of the District are hereby
authorized and directed to execute said agreement inform approved by the
General Counsel.
PASSED AND ADOPTED at a regular meeting held December 8,1982.
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County
Sanitation District No.2 of Orange County,California,do hereby certify that
the foregoing Resolution No.82—172—2 was passed and adopted at a regular
meeting of said Board on the 8th day of December,1982,by the following vote,
to wit:
AYES:Don Roth (Chairman pro tern),Barbara Brown,Donald Holt,Jr.,
Robert Luxembourger,Bob.Perry,Don Smith,Dorothy Wedel,Duane
Winters
NOES:None
ABSENT:Henry Wedaa,Carol Kawanami,Ron Isles,Bruce Nestande
IN WITNESS WBEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District NO.2 of Orange County,California,this
8th day of December,1982.
S ~
,~!~‘.
William H.Butler,Secretary•
Board of Directors of County
Sanitation District No.2
of-Orange County,California