HomeMy WebLinkAboutResolution 1990 - 0052RESOLUTION NO.90-52-7
APPROVING REIMBURSEMENT AGREEMENT WITH
GEORGE ADAMS,JR.RE SEWER LINE IN BAJA
PANORAMA STREET SERVING SIX 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 GEORGE ADAMS,JR.RE SEWER
LINE IN BAJA PANORAMA STREET SERVING SIX
LOTS LOCATED WITHIN TRACT NO.939
The Board of Directors of County Sanitation District No.7 of Orange
County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That the certain Reimbursement Agreement for Sewer Line in
Baja Panorama Street dated February 1,1990,by and between County Sanitation
District No.7 and George Adams,Jr.(developer),providing for the District to
reimburse the developer for a proportional share of his cost of constructing a
sewer line in Baja Panorama Street,which will serve six lots located within
Tract No.939,is hereby approved and accepted;and,
Section 2 That reimbursement of said proportional share of the costs to
developer,based on $8,257.00 per lot for Lots 7 and 9,(Lot 8 is owned by
developer and developer has received reimbursement from the owners of Lots 10,
11 and 12)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 of this 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 May 9,1990.
RECORDING REQUESTED BY
AND WHEN RECORDED MAILED 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 BMA PANORAMA
This Agreement,made and entered into to be effective as of
February 1,1990,by and between:
COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA,hereinafter
referred to as “District”
AND
GEORGE ADAMS,JR.,hereinafter referred
to as “Developer”.
W I T N E S S E T H
WHEREAS,Developer is developing lots within 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 Baja Panorama Street which
will have the capacity to serve six (6)lots,said sewer line to
be constructed in the location shown on Exhibit “A”,attached
1
EXHIBIT A—I
hereto and made a part hereof;and
WHEREAS,the Developer owns lot 8 and the owners of lots 10,
11 and 12 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 the 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 the mutual covenants,
conditions and promises herein contained,it is hereby agreed by
and between District and Developer as follows:
1.Developer has completed construction of the sewer line
in Baja Panorama,shown on Exhibit “A”,for a cost of Forty—nine
Thousand Five Hundred Forty—one Dollars ($49,541.00)in accordance
with the construction plans that have already been approved by the
District.Construction of said facilities have,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 exceptions set forth in paragraph 4
herein,at the time a property served by the sewer line connects
to the sewer line,District shall collect from the owner or owners
of that property,in addition to any other fees due District,a
2
EXHIBIT A—2
sum equal to the proportionate share of the cost of the
construction of the sewer line.The proportionate share shall be
equal to one—sixth of the total cost of the sewer line,or the sum
of Eight Thousand Two Hundred Fifty-seven Dollars ($8,257.00)per
lot.The District has determined that a total of six (6)lots will
be served by such facilities,that Developer owns one lot,and that
Developer has received reimbursement on three other lots.The
owners of these four lots,consisting of lots 8,10,11 and 12 of
Tract No.939,have therefore already paid their share of the sewer
line and shall not be required to make any payments under this
Reimbursement Agreement.The owners of the other lots,consisting
of lots 7 and 9 of Tract No.939,as shown on Exhibit “A”,shall
pay a fee equal to Eight Thousand Two Hundred Fifty-seven Dollars
($8,257.00),in addition to any other applicable fees,if a lot is
connected to the sewer line in Baja Panorama during the term of
this Agreement.
The total reimbursement amount to be paid to Developer
pursuant to this Agreement shall be Sixteen Thousand Five Hundred
Fourteen Dollars ($16,514.00),less a five percent (5%)
administrative fee to be retained by the District for the
reasonable costs of administering this Agreement.
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
3
EXHIBIT A-3
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 such 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 has elapsed since the
date hereof,District shall be under 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,
District shall continue to collect Eight Thousand Two Hundred
Fifty—seven Dollars ($8,257.00)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
4
EXHIBIT A—4
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.
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
5
EXHIBIT A—5
their duly authorized officers,this 9th day of May
1990
“DISTRICT”COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA
Chairman,Boar of Directors
By~&~
Secretary,Board of Directors
APPROVED AS TO PORN:
THOMAS L.WOODRUFF
DIS’COUNSEL
(Q\Q49.CJ)
03/2 9/9 0
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 9th day of May ,1990,before me,
the undersigned,a Notary Public in and for said State,personally
appeared Don E.Smith and Rita J.Brown
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the persons who executed the within
instrument as Chairman and Secretary,on behalf of COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,and
acknowledged to me that the COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA executed the within instrument pursuant
to its by—laws or a resolution of its Board of Directors.
WITNESS my hand and official seal.
“DEVELOPER”
EXHIBIT A—6
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this
_____
day of A’PRa.
,
l9~?O,before me,
the undersigned,a Notary Public in and for said State,personally
appeared GEORGE ADAMS,JR.,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 he executed it.
WITNESS my hand and official se 1.
•-L~
cARa~ESOl Notary Public
~pi~uC-CALIF~IA
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EXHIBIT A—7
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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.90—52-7 was passed and adopted at a regular
meeting of said Board on the 9th day of May,1990,by the following vote,to
wit:
AYES:Don E.Smith,Chairman,John C.Cox,Jr.,Richard B.Edgar,
Dan Griset,Sally Anne Sheridan,Roger R.Stanton,James A.
Wa h n e r
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
9th day of May,1990.
Rita J.Brown,‘~Secretary
Board of Directors of County
Sanitation District No.7
of Orange County,California