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HomeMy WebLinkAboutFOX MEADOW, INC - 1976-05-17AGREEMENT THIS AGREEMENT by and between FOX READO n7, INC., hereinafter called "FIRST PARTY," and the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California., hereinafter called "SECOND PARTY," made this �' day of May 1976. W I T H E S S E T H: V -LEAS, FIRST PARTY desires to utilize for equine use a now undeveloped area within the City of Huntington Beach, and SECMID PARTY has in its ordinances a requirement tiv;.t certain drainage fees must be paid to SECOND PARTY prior to sub- division, or certain developments and construction upon such prop- erty; and FIRST PARTY has applied to SECOND PARTY for a building permit in order to commence certain works of construction and improvement; and SECOND PARTY has de•cermi.n:ed collection: of the full fee ,. for the type of development, which .is the subject of FIRS',, PARTY' S application for building permit, would be ineRuitab -e, WOW THEREFORE, the parties in consideration of the premises and for 'other goad and valuable` consideration agree as follpcts 1. w e e J 1. FIRST PARTY will be issued a final occupancy permit for the construction and development as ',.escribed therein without the further deposit of the full drainage fees as provided in the Huntington Beach Municipal Code, Section 14.48.030. 2, In the event that SECOND PARTY adopts a partial drainage fee ordinance for interim uses during the life of the conditional use permit, FIRST PARTY, after being issued permit, and within thirty (30) days thc_reafter, will pay to SECOND PARTY a sum equal to ten percent (10%) of the full acreage drainage fee now established by the Huntington Beach Municipal Code, Section 4.48.050. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day, month and year first above written. ATTEST: CITY OF HUNTINGTON BEACH, .a .`unicipal corporation (SECOND PARTY) C.tr Clerk B�',�, Mayor APPROVED AS TO FORM: ` FOX MEADOW, INC,. (FIRST Px=RTY) ar City Attorney Hy�" r APPROVED As TO CONTENT For City A nistrator 2. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT May 12, 1976 t� Honorable Mayor and City Council City of Huntington .each Attention: DLvid D. Rowlands City Administrator Subject: Agreement Regarding Drainage Fees Fox Meadow, Inc Dear Council Members: Fox Meadow, Inc. has received ,approval for Conditional Use Permit 76-3 for commercial equine use on five acres on the south side of Ellis between Goldenwest and Edwards. The ordinance presently states that drainage fees, among other fees, must be paid prior to the issuance of the permit. The drainage fee is $2,500 per acre. The City Council has approved, in concept, that for such uses 10% of the fee be paid at the time of the permit with G. balance at the end of five (5) years That ordinance is being prepared in the City Attorney's office and will not be effective until the Later part of July, at the earliest. The Attorney's office has prepared an agreement which would allow Fox Meadow, Inc. to pay their drainage fee at the time of final release by the Building Department which would be after the date of the effective date of the new ordin- ance. If this agreement is approved by the City Council, the Mayor and City Clerk should be authorized to execute same. Very truly yours, E. Hart Director of Public Works B■ Ah City of HuntingtonBeach .4e ]5 P.O. 13ox 9 CALIFORNIA OFFICE OF THE CITY CLERK May 19, 1976 Mrs. Leslie Paup Fox Meadow, Inc. 171.71 Bolsa Chica #48 Huntington Beach, CA 92649 Dear. Mrs Paupt The City Council of the city of Huntington Beach at its regular meeting held Monday, May 17; 197E Approved a drainage fee agreement with Pax Meadow, Inc. We are er',losing the original agreement for your signature. Please re•curn to the office of the City Clerk: and we will forward a duly executed copy for your -records. Sincerely yours, Alicia M. Wentworth City Clerk. AMW:wm Bncl