HomeMy WebLinkAboutResolution 1988 - 01331~
RESOLUTION NO.88-133-7
APPROVING REIMBURSEMENT AGREEMENT WITH
DARLENE J.FIELDS,dba D.J.&ASSOCIATES,
RE SEWER LINE IN CIRCULA PANORAMA STREET
SERVING 23 LOTS WITHIN TRACT NO.939
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,APPROVING REIMBURSEMENT
AGREEMENT WITH DARLENE J.FIELDS,DOING
BUSINESS AS D.J.&ASSOCIATES,RE SEWER
LINE IN CIRULA PANORAMA STREET SERVING 23
LOTS LOCATED WITHIN TRACT NO.939
Directors of County Sanitation District No.7 of OrangeTheBoardof
County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the certain Reimbursement Agreement for Sewer Line in
Circula Panorama Street dated September 14,1988,by and between County
Sanitation District No.7 and Darlene J.Fields,doing business as D.J.&
Associates,providing for reimbursement of costs to developer by the District
for construction of a sewer line In Circula Panorama Street which will serve
23 lots located within Tract No.939,is hereby approved and accepted;and,
Section 2 That reimbursement of said costs to developer,based on
$3,778.83 per lot for 14 lots (5 of the 23 lots are owned by developer and 4
lots have already paid their share of the sewer line costs),is hereby
authorized to be made in accordance with the terms and conditions of said
Reimbursement Agreement,attached hereto as Exhibit “A”and made a part ofthis
resolution;and,
Section 3 That the Chairman and Secretary of the District are hereby
authorized and directed to execute said agreement on behalf of the District in
form approved by the General Counsel.
PASSED AND ADOPTED at a regular meeting held September 14,1988.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:.
County Sanitation Districts
of Orange County,California
P0 Box 8127
Fountain Valley,CA 92728—8127
Space Above This Line For Recorder’s Use Only
MAIL TAX STATEMENTS TO:
County Sanitation Districts Exempt from Recording Fees
of Orange County,California Governmental Acquisition
P0 Box 8127 Government Code Section 27383
Fountain Valley,CA 92728—8127
REIMBURSEMENT AGREEMENT
FOR SEWER LINE IN CIRCULA PANORAMA
This Agreement,made and entered into this 14th day of
September ,1988,by and between:
COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA hereinafter
referred to as “District”
AND
DARLENE J.FIELDS,Doing Business As D.
J.&ASSOCIATES,a Sole Proprietorship,
hereinafter referred to as “Developer”.
WITNESS E TB
WHEREAS,Developer is developing lots within the Orange
County’s unincorporated area in Tract No.939 that is also
located within the District;and
WHEREAS,in connection with said development,Developer has
been required to construct a sewer along Circula Panorama Street
which will have the capacity to serve 23 lots,said sewer line to
EXHIBIT “A”to Resolution No.88—133-7
be constructed in the location shown on Exhibit “A”,attached
hereto and made a part hereof;and
WHEREAS,the Developer owns Lots 48,49,50,51 and 53 of
Tract No.939,and the owners of Lot.s 34,47,52 and 55 of Tract
No.939 have already paid their fair share of the cost of
construction of such sewer line directly to Developer;and
WHEREAS,District agrees to reimburse Developer a portion.of
the cost of construction of said sewer line,said reimbursement
to be made to Developer after said improvements have been
accepted by District,,all in accordance with this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF MUTUAL COVENANTS,
CONDITIONS AND PROMISES HEREIN CONTAINED,IT IS HEREBY AGREED BY
AND BETWEEN DISTRICT AND DEVELOPER AS FOLLOWS:
1.Developer shall complete construction of the sewer line
in Circula Panorama,shown on Exhibit “A”,for a cost of Eighty—
six Thousand Nine Hundred Thirteen Dollars ($86,913.00)in
accordance with construction plans that have,already been
prepared and approved by the District.Construction of said
facilities hav,e,and will continue to be at Developer’s sole
expense without cost,charge,claim or obligation to District,
except as hereinafter set forth.
2.Any and all improvements so installed shall be
completed to the satisfaction of District,and shall become the
sole property of District when finally accepted,and Developer
shall have no ownership interest therein whatsoever.
3,.Subject to the exception set forth in Paragraph 4
herein,at the time a property served by the sewer line connects
2
to the sewer line,District shall collect from the owner or
owners of that property,in addition to any other fees due
District,a sum equal to the proportionate share of the cost of
construction of the sewer line.The proportionate share shall be
equal to 1/23rd of the total cost of the sewer line,or the sum
of Three Thousand Seven Hundred Seventy—eight and 83/100 Dollars
($3,778.83)per lot.The District has determined that a total of
23 lots will be served by such facilities,of which Developer
owns five (5)lots and has received reimbursement on four (4)
other lots.The Developer and the other owners of these nine (9)
lots,consisting of Lots 34,47 through 53 and 55 of Tract No.
939,have already paid their share of the sewer line and shall
not be required to make any payments under this Reimbursement
Agreement.
The other fourteen (14)lots,consisting of Lots 28,29.,30,
31,32,33,35,36,37 and 54 of Tract No.939,and an adjacent
parcel proposed to be subdivided into four (4)lots as shown on
Exhibit “A”,shall pay a per lot fee equal to Three Thousand
Seven Hundred Seventy—eight and 83/100 Dollars ($3,778.83),in
addition to any other applicable fees,if they connect to the
sewer line in Panorama Circle during the term of this Agreement.
The.total reimbursement amount to be paid to Developer
pursuant to this Agreement shall be fourteen (14)times the per
lot fee of Three Thousand Seven Hundred Seventy—eight and 83/100
Dollars ($3,778.83),or Fifty—two Thousand Nine Hundred Three and
62/100 Dollars ($52,903.62),less a five percent (5%)
3
administrative fee to be retained by the District for ‘the
reasonable costs of administering this Agreement.However,in
the event more lots than fourteen (14)are constructed and served
by the sewer line on the lots where owners have not already paid
their share,the additional fees collected by District shall be
retained by District.
4.No interest shall be due to Developer on any monies
collected and reimbursed to Developer pursuant to this Agreement.
5.District shall reimburse Developer the amount it
collects pursuant to Paragraphs 3 and’4 hereof,after deducting
the five percent (5%)administrative fee.It is specifically
understood by Developer and District that District will reimburse
Developer only when District is legally permitted to do so and
has legally collected said construction costs.Should District
not be allowed to retain said funds when collected,or be stopped
from so collecting,Developer shall have no claims against
District,and District shall have no further obligation to
Developer.
6.This Agreement shalL continue in full force and effect
for a period of five (5)years unless sooner terminated by the
total sum having been reimbursed.In the event that the total
sum has not been reimbursed and five (5)years have elapsed from
the date hereof,District shall beunder no further obligation to
reimburse or pay any monies to Developer for costs of
construction of said improvements.In order to discourage
property owners from waiting more than five (5)years to connect
to the sewer line,however,District shall continue to collect
Three Thousand Seven Hundred Seventy—eight and 83/100 Dollars
4
($3,778.83)per lot which shall be used for District purposes.
7.Developer agrees at all times during the term of this
Agreement to keep District informed as to the exact mailing
address of Developer.It is understood and agreed that Developer
shall have the right to assign its interest in this Agreement to
others and that District assents thereto,provided that said
assignment is in writing and an executed copy thereof is
delivered to District,and District is at all times kept fully
informed of the name and address of the assignee to whom the
reimbursement payments are to be made.District shall have the
absolute right to offset any money due Developer under this
Agreement,notwithstanding any assignment,if at the time funds
become available Developer,or its successors in interest,owe
the District any sums of money for any reason.Only the net
money due Developer,after offset by District,will be paid
pursuant to this Agreement.Developer may also name a depository
who shall be authorized to receive all sums payable to said
Developer,its nominee,or assigns hereunder,and all sums paid
to said depository shall be conclusively presumed by both
Developer and District to have been paid in performance of any
obligation of District under this Agreement.
8.No payment hereunder shall be made until the original.
of this Agreement is returned to District.The value of the
Agreement and successive payments shall be entered thereon,and
the Agreement returned to Developer.After final payment is
made,the Agreement shall be retained by the District’s Secretary
in the official records of the District.
5
9.This Agreement is made only for the benefit of the
parties hereto;it is not intended •that any rights under this
Agreement shall accrue to any third person.
-
IN WITNESS WHEREOF,the undersigned Developer and the
undersigned District have caused this Agreement .tO be executed by
their duly authorized officers this 14th day of September
1988.
“DISTRICT”COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA
By L~~//~~//~:
Chairman,Board of Direo~ors
By c~
Secretary,Board of Directors
APPROVED AS TO FORM:
THOMAS L.WOODRUFF
DISTRICT COUNSEL
By%~~%-~-<~-•
“DEVELOPER”DARLENE J.FIELDS,Doing Business As D.
J.&ASSOCIATES,a Sole Proprietorship,
(C1074)
08/31/88
Darlene J.F
6
(Form P—C)
~)SS.
COUNTY OF ORANGE )
On October 12
,19 88 before ~,Penny Kyle
•otary Public for the State of California,personally appeared
Richard B.Edgar ,personally known to ins (or proved to me on the basis
of satisfactory evidence)to be the District 7 Chairman and
Rita J.Brown ,personally known to me (or proved tome on the basis
of satisfactory evidence)to be the Secretary of the County
Sanitation Districts of Orange County,California,the public corporation that
executed the within instrument,and acknowledged to me that such individuals
were authorized to execute said instrument for the corporation pursuant to
resolution of its Board of Directors.
WIThESS my hand and official seal.
~.taa.-~--~aaa~
PENNY KYI.E ~nd forL~
OI~PIC1AL SEAL b
NOTARVPU9UC-C~IJFORMA ~
ORANGE COUNTY tt Notary(~ublMyC~sm7~.Ez~iresS~Dt1.j9fl ~
said do(inty nd State
~)ss.
com~r~o~’-
On this .day of ~,1988,before me,
the undersigned,a Notary Public in and for said State,
personally appeared Darlene J.Fields,personally known to me
(or proved to me on the basis of satisfactory evidence)to be the
person whose name is subscribed to the within instrument,and
acknowledged to me that she executed the same
ry ublic
QFF~C~M.SEM.
CHARLES J.MADEN
Notary Public—California
Princtpat Off tce tn
Los Angeles County
My Comm.Exp.Oct.2,1990
WouseuF?
DeAN...CA
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CIRCULA PANORAMA
SEWER CONSTRUCTION REIMBURSEMENT AGREEMENT
EXHIBIT “A
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.7 of Orange County,California,do hereby certify that
the foregoing Resolution No.88—133-7 was passed and adapted at a regular
meeting of said Board on the 14th day of September,1988,by the following
vote,to wit:
AYES:Richard B.Edgar,Chairman,John C.Cox,Jr.,Dan Griset,Don
R.Roth,Don E.Smith,James A.Wahner
NOES:None
ABSENT:Sally Anne Miller
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
14th day of September,1988.
cm~
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Board of Directors of County
Sanitation District No.7
of Orange County,California