2008/12/12 Patrick V. Ryan Collection of Park Development and other feesAGREEMENT BETWEEN
THE CITY OF MENIFEE AND PATRICK V. AND BARBARA A. RYAN
FOR COLLECTION OF PARK DEVELOPMENT AND OTHER FEES
THIS AGREEMENT is entered into this 12th day of December 2008, by and
between the CITY OF MENIFEE ("CITY") and Patrick V. Ryan and Barbara A.
Ryan. (hereinafter referred to as "Property Owners" or "Owners");
RECITALS:
WHEREAS, CITY is a new City which incorporated on October 1, 2008, and
which is required by law to adopted County ordinances and Regulations; and
WHEREAS, PROPERTY OWNERS have fulfilled all of the conditions Final Map
No. 33805 except for two conditions providing for payment of Quimby fees and
annexation to Valleywide Recreation and Park District; and
WHEREAS, since the date such condition was written, the City has incorporated
and now legally must received the Quimby fees; and
WHEREAS, because of upon incorporation the City also assumed responsibility
for CSA 145, any annexation will be to CSA 145 rather than to Valleywide, if the property
is not already located within the boundaries of CSA 145;
WHEREAS, County ordinance No. 460 requires the payment of Park
Development Fees (Quimby Fees), adopted pursuant to Govt. Code Section 64777) to
mitigate the impacts of the project on existing public park and recreation facilities located
near the project; and
WHEREAS, CITY and PROPERTY OWNERS by this Agreement wish to provide
for the payment of such fees and any anything to CSA 145 necessary for the property to
receive park and recreation services.
NOW, THEREFORE, the parties to this Agreement do mutually agree as follows:
RESPONSIBILITIES OF PROPERTY OWNERS
A. PROPERTY OWNERS shall pay to CITY, prior to issuance of any
building permits for lots in Final Map No. 33805, a Park
Development/Quimby fee calculated at that time under the provisions of
Ordinance No. 460, or any successor ordinance of the City, based upon a
formula of 5 acres of park land and facilities per 1000 persons for each
residential unit to be constructed.
B. At the same time, PROPERTY OWNERS will provide to City the
necessary documents and fees for annexation into CSA 145, should such
property be located outside CSA 145.
C. In the event that PROPERTY OWNER'S final map expires without
extension or approval, all obligations of PROPERTY OWNERS and CITY
herein shall cease.
II. RESPONSIBILITIES OF CITY
The fees specified herein were calculated and are levied in accordance with and
shall be collected, deposited into a separate account, administered and disbursed in
accordance with Govt. Code Section 66477 and Riverside County Ordinance No.
460 or any successor ordinance of the City. Upon receipt of the consent to
annexation and fees for annexation, if required, City shall take the necessary steps
for such annexation.
III. MISCELLANEOUS
A. Venue: It is expressly understood and agreed by the PROPERTY
OWNERS and CITY that the law of the State of California shall govern
them and the interpretation of the Agreement and that any litigation
brought because of, or involving this Agreement shall be initiated
exclusively in the Superior Court, Riverside County.
B. In the event of litigation to enforce this Agreement, the prevailing party in
such litigation shall be entitled to reasonable costs and attorneys fees.
C. No waiver of any term or condition of this Agreement shall be a continuing
waiver thereof.
D. This Agreement may be amended only in writing signed by both parties.
E. This Agreement constitutes the entire agreement of the parties and
supersedes all other agreements, whether written or oral.
IN WITNESS WHEREOF, PROPERTY OWNERS and CITY have caused this
Agreement to be signed in their names and on their behalf by their duly authorized
representatives.
PRO(;atrick
Y OWNERS:
By:
. Ryan
Barbara A. Ryan
CITY:
By:
Carmen C e Planning Director
ATTEST:
Kathy Bennett, City Clerk
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