1976-0505_MURALT, DAVID C_Agreement� Y
AGREEMENT PROVIDING FOR THE REIMBURSEMENT
OF DRAINAGE FEES FOR PARCEL MAP DL 75-5
(MURALT)
THIS AGREEMENT is made as of this 5th day of May, 1976, by and
between the City of San Juan Capistrano, hereinafter called "CITY", and
DAVID C. MURALT, hereinafter called "DEVELOPER."
WITNESSETH:
WHEREAS, the City Council of the City of San Juan Capistrano
has heretofore approved the Parcel Map for DL 7S-5 (MURALT) subject to
certain conditions set forth in Resolution of the Planning Commission
numbered 7S-11-4-4; and
WHEREAS, condition number 113" provides that drainage fees for
the property shall be paid prior to the recordation of a final Parcel
Map; and
WHEREAS, City has agreed to defer the payment of the aforesaid
drainage fees until such time as the first building permit for any of the
three parcels located on the aforesaid Parcel Map DL 75-5 shall be request-
ed; and
WHEREAS, the three parcels which comprise all of the land con-
tained within the aforesaid Parcel Map are owned by three separate owners,
and will, in all probability, be developed separately; and
WHEREAS, City and Developer agree that the Developer who shall
be required to pay all of the drainage fees for the entire parcel should
be reimbursed for that part of the fees that do not apply to his parcel;
and
WHEREAS, the drainage fees attributable to each of the three
parcels which comprise Parcel Map 75-5 are the products of the drainage
fee for drainage area LO1 in effect at the time said first building permit
is requested and the gross acreages of the three parcels listed below:
1. Parcel 1:
2.001 Acres
2. Parcel 2:
1.001 Acres
3. Parcel 3:
0.925 Acres
NOW, THEREFORE, in consideration of the foregoing premises and
the hereinafter contained, the parties hereto agree as follows:
1. Developer agrees that all of the drainage fees payable for
the three parcels which comprise Parcel Map 75-5 shall be paid at such
time as the first building permit for any parcel therein shall be requested;
2. City agrees that it shall collect the drainage fees allocable
to the remaining two parcels from each subsequent developer at the time
building permits therefore are requested, and further agrees to pay such
sums to the developer who has paid the fees for all of the aforesaid three
parcels. Reimbursement to the aforesaid first developer shall be made
at the time of collection.
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IN WITNESS WHEREOF, the parties have executed this agreement
on the date first above written.
ATTEST:
C" Clerk
Approved As To Form:
j C
l / City Attorney
L11U
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CITY OF SAN JUAN CAPISTRANO
By
Douglas 90KNash, Mayor
C-�- &-OP c z
David C. Muralt, Developer
Capistrano Valley Investments, Inc.
Kenneth M. Wilson
Cora May Wilson