2007-03-02 TGINGER02 - Laserfiche WebLink

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YUEN:You know, if the Commission wants this to be something that is enforceable by the County and checked at the time the County reviews the building plans, then the Commission should put it in as a condition. As just to discuss the legality of this, I havent, you know, Im an attorney but I havent seen the agreement that exists. I dont know whether it is enforceable as a contract between the private parties; and its really not our job as a County Planning Department to check this kind of thing and to see if its enforceable as a contract. As to whether it runs with the land, if there is a contract between, for example, Mr. Gomes as a developer and the neighbors, it may not run with the land and be binding upon a subsequent owner unless certain legal formalities are met, such as recordation in the Bureau of Conveyances. You know, you can have a contract that binds you as an individual and he may still be bound by the contract. But as to whether the future developer is bound by it, theres this concept that when you make agreements that are meant to run with the land regardless of who owns it, that there are certainly formalities that you have to go through. So it is possible that they could have a contract thatwouldworkbetweenthem,butthatwouldnotnecessarilybebindingonafuturedeveloper. Whereas if the thing were put as a condition in the rezoning ordinance, it would run with the land and bind any future owner. And, finally, if we are going to put it as a condition, we need to be very specific about what is the agreement and what properties are covered by it. GRAHAM:Id like to if possible move the meeting along a little faster. It seems like were going a little long on one item and were only doing a recommendation to the Council. aand I think Commissioner Watanabe spoke to the fact that as far as we know the Commission is Anable to leaving it as an agreement on the record as we have so far, rather than writing a condition. Any other comments from Commissioners on this matter? Commissioner Domingo. DOMINGO:Mr. Chairman, in view of that fact, then I would like to make a friendly amendment to the motion that it will reflect as a condition of approval the agreement between the developer and the neighborhood to which they agreed to build a buffer or wall of some sort. I think that wording can be given by Mr. Gomes after this. GRAHAM:Is that all right with Commissioner Watanabe who made the motion? Would you like that as a friendly amendment? WATANABE:Ill accept the friendly amendment. I had assumed that the wall would be built. And, I guess, Mr. Gomes, you were proposing that amendment take place in Condition C? GRAHAM:Mr. Gomes, you can come forward and answer the question, please. GOMES:I believe Condition C would be the natural spot for it, instead of a stand- alone condition. WATANABE:Okay. Based on the Directors comment though, you know, he did also say that it should be specific; and were not familiar with the actual -. As I recall it was a 6-foot wall but I dont know which properties, etc. So you might for the record -. GOMES:I dont have the agreement that I made with the Miyashiros or the Kouchis with me. I dont mind putting that in as a condition. I just dont have the language for that now. 12EXHIBIT A