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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 �·