HomeMy WebLinkAboutFaraday Development Corporation; 1984-08-01;-,r ·sw:=-., _,,. ....... ,. . -� 1..� .-..-.., ... �;;: .:... ""� ...:.. .... = .... --:,, _,. ,· .
AGREEMENT
This Agreement made and entere� i�to by,and between
Recitals
COSTA.REAL MUNICIPAL WATER DISTRICT, hereinafter for convenience referred to as "DIS TR I CT".,
and
FARADAY DEVELOPMENT CORPORATION
hereinafter for convenience referred to as "OWNER" •
•
' ..
1.DISTRICT has adopted Resolution No. 439 �n July 20, 1983
("Resolution No. 43911), which established a Major Facilities Charge
and a Direct Connection Surcharge. to .be paid by an Owner upon
construction or altered construction which requires new water service
ot altered water service.
2.The said Resol�tion No. 439 ·provides that such charge or
surcharge shall be payible at the time of the issuance of a building
permit and shall be a condition precedent to connection to any water
system located within the boundaries of the DISTRICT. Additionally,
DISTRICT will require payment at the time of a�proval of a subdivision.
3 •. The City of Carlsbad, which is the agency for issuing the
building permits, has agreed to collect said charge or surcharge prior
to issuing a building permit.
4.DISTRICT has determined that the application of a Direct
Connection Surchage to specific types of developments creates a
hardship to the OWNER under the current terms and conditions of
Resolution No. 439.
·-1-
-
�--· .. ..--·-', ..-.... 'I .,�)
5.DISTRICT is investigating alternatives to the-current
charges for a Direct Connection Surcharge.
6.OWNER is desirous of proceeding with .the OWNE.R 1 s project
imme�iately and· securing a building per�it.
7.DISTRICT is willing to allow OWNER to proceed in securing
a building permit without payment of the Di.rect Connection Surcharge
at the time of securing the building permit under certain terms and
conditions.
NOW, THEREFORE, in consideration of thes�-recitals and the
mutual covenants contained herein, DISTRICT and OWNER agrees as
follows:
1.OWNER desires to secure a building permit for the following
desctibed development:
CARLSBAD TRACT 83-37
FARADAY BUSINESS PARK
hereinafter for ·convenience referred to as the "DEVELOPMENT".
2.DISTRICT agrees to allow the OWNER to secure a building
permit without payment of the Direct Connection Surcharge, prior to
issuing the building permit, up�n the execution of this Agreement by
OWNER.
3.OWNER agrees to pay, prior to or at the issuance of the
. . building permit for the DEVELO�MENT, the Majcir Facilities Charge as
established by Resolution No. 439.
4.OWNER agrees to pay to the DISTRICT, upon demand, a Direct
Connection Surcha�ge for the DEVELOPMENT, as hereinafter determined
by the D.ISTRICT, under t�e following terms and conditions:
-2-
>
a.The Direct Connection Surcharge shall not
exceed Fifteen Dollars ($15.00) a front
foot of the lot or lots of the DEVELOPMENT
on a public dedicated street.
b.The Dir�ct Connecton Surcharg� shall be
paid prior to occupancy of the DEVELOPMENT.
c.If the DEVELOPMENT is ready for occupancy
prior to the determination by the DISTRICT
of the Direct Connection Surcharge, OWNER
shall pay to the DISTRICT the sum of
Fifteen Dolla�s ($15.001 a front foot of
the lot or lots of the DEVELOPMENT on a
public dedi�ated street. After determination
by the DISTRICT of the Direct Connection
Surcharge, the DISTRICT �ill reimburse to
the OWNER any excess Direct Connection
Surcharge paid by OWNER of this paragraph.
5.Inspection of an.executed copy of this Agreement shall
..
constitute authority to the City of Carlsbad to is�ue a building permit
f or t h e D E V E L O P M E N T w i t h o u t c o l 1 e c t i n g t h e D i r e c t · C o n n e c t i o n Su r c h a r g e •
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date below their signatures.
DISTRICT
COSTA R[AL MUNICIPAL WATER DISTRICT
By�C°�V William C. Meadows General Manager
Date of Execution: August 1, 1984
;.. 3-
OWNER
FARADAY DEVELOPMENT
Date of Executi .. on: -: 7. -/�,-;g� �-,
�:: t �·