Nira and Justin-
This email serves as a formal protest by the Applicant regarding the
$127,400 recreation fee imposed in connection with the property located at
12 Maywood Lane, Menlo Park, California, and the City’s actions that are
obstructing and delaying the recording of the Final Parcel Map for this
property.
The Applicant disputes the legal basis, applicability, and amount of the
recreation fee as currently assessed. The Applicant further objects to any
effort by the City to condition, withhold, or delay recordation of the
Final Parcel Map based on payment of this disputed fee.
The Final Parcel Map has otherwise satisfied all applicable conditions and
requirements for recordation. Conditioning recordation on payment of a
contested fee is improper and has resulted in unwarranted delay and harm to
the Applicant.
Accordingly, the Applicant:
-
Formally protests the imposition of the $127,400 recreation fee;
-
Objects to the obstruction and delay of the Final Parcel Map
recordation; and
-
Reserves all rights, claims, and remedies, including but not limited to
the right to initiate legal action against the City of Menlo Park to
challenge the fee and to recover any fees paid under protest, together with
interest, costs, and attorneys’ fees as permitted by law.
Nothing in this correspondence shall be construed as a waiver of any
rights, defenses, claims, or remedies, all of which are expressly reserved.
For clarity and to avoid any further delay, please note that the disputed
fees were paid today under protest, and the Applicant will be present at
the City counter tomorrow afternoon at 1 PM to pick up the two (2) Mylar
copies signed Final Parcel Map signed by Public Works, as well as the City
Clerk or PW lien letter necessary for San Mateo County recordation.
Please confirm the City’s position regarding recordation of the Final
Parcel Map without further delay and confirm that all required documents
will be available for pickup as indicated.
Sincerely,
Mircea Voskerician
12 Maywood LLC/Owner
