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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. -2- 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 -3- 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