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Home My WebLink AboutReso 1976-8028Rev, 3/74 RESOLUTION N0. 8028 RESOLUTION OF THE CITY COUNCIL OF TFiE CITY OE' CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBINHOOD HOMES, INC., FOR THE OPERATION AND MAINTENANCE COSTS INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION IN RANCHO ROBINHOOD, UNIT NO. 2 AND AUTFiORI Z ING TF:E MAYOR TO EXECUTE SAI D AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: Iv'OW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and Robinhood Homes, Inc., for the operation and maintenance costs incurred from the construction of a sewage lift station in Rancho Robinhood, Unit No. 2 dated the 22nd day of December , 19 75 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE IT FURTf~ER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vrsta. Presented by Approved as to form by ~~ ~ ~~ ~~~ ~~ ~" f Lit/. ~ __ '` William J. Robens, Director of George D. Lindberg, City Attorney Public Works ADOPTL'D AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20thday of January , 19 7C, , by the followinc vote, to-wit: ~° AYES : Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT : Co unc x. lme n None P'iayor of the City of Chula Vista ATTEST J~~~ City ler~ STATE OF CALIFORNIA} COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA.) I~ _, City Clerk of the City of Chula Vista., CaliL~rnia, DO H'_EREBY CERTIFY that the abe<,re is a ful]_, true and correct copy of Resolution No. , and that the same has not been amended car repealed. DATED City Clerk -. ~ ~ala:.;z, ~,itg~ Clerk Is. C3. llt~;: 1I1a7 `Ipu?a V~sry ~a'.i~ornia 92012 72'7 Form No. 3~2 Rev. 3/7~I RESOLUTION N0. 8028 FiESOLUTI0i1 OF TILE CITY COUNCIL OF THE CITY OF CFIULA VISTA, APPROVI?~1G AGREEMENT BETWEEN TI:F. CITY OF CHULA VISTA AND ROBINHOOD HOIv1ES, INC.; FOR THE OPERATION AND MAINTENANCE COSTS INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION IN RANCHO ROBINHOOD, UNIT NO. 2 AND AUTIIURIZING THE MAYOR TO EYECtJTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: IdOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF C~IULA VISTA, a municipal corporation, and Robinhood Homes, Inc., for the operation and maintenance costs incurred from the construction of a sewage lift station in F,ancho Robinhood, Unit No. 2 dated the 22nd day of December , 19 75 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE IT FURTI~ER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on bel-ialf of the City of Chu]_a Vista . Presented by Approved as to form by ~ ., ' ~'_ .. ~ 1 `~~, _ ~ 1 ~~ i /s/ William J. Robens _ ,.,.~.Z%~-,. `"1- -- ~ Pdilliam J. Robens, Dir~actor of George D.; Lindberg, City Attorn~ Public Works ADOPTrD AND ~~PPROV~D by the CITY COUNCIL of the CITY OF CI'ULA VISTA, CALIFORNIA, this 20th day of January __ , 1976 , by the follo~,rinc vote, tc-wit: AYES : Councilmen_ Hobel , Hami 1 ton, Hyde, Egdahl , Scott NAYES: Councilmen ABSENT: Ccuncilrnen None None /s/ Thomas D. Hamilton, Jr. ___ i`~ayor or tho City of Chu].a Vista ATTEST /s/ Jennie M. Fulasz C~.tv Clerk STE~TE OF C1:LIFCRr:IE~} COU:'~TY." OF A~ Lili~;0} ss. CI`T'Y OF C[IULA V15'TA) I, _JENNIE M. FULASZ _ _ _ , City Clerk of the C~_ty of Chu? ~ V.tstv., Cal.~_Lr~~rnia, DO I.EREI3Y CERTIFY that the above is a iull.; truF~ anct'c~~rrcct cc~~~y of Rcso]-ut~on No. 8028 , and that the same has not been amer,:?c'd cr rE~~pealed. DATED e~iurary 2, 1976 _~~~~ -' City Clerk ~~ 728 ~GREEMErdT FOR THE OPERATION AND MAINTENANCE COSTS INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION IN RANCHO ROBINHOOD, UNIT NO. 2 THIS AGREEMENT, made and entered into this~day of ~irr-f.~~-'~-~ , 19'J~ , by and between the CITY OF CHULA VISTA, a municipal corporation, Hereinafter called "City", and ROBINHOOD HOMES, INC., 358 Trousdale Driye, Chula Vista, California 92010, hereinafter called "Subdivider"; L'~] I T 1`d E S S E T H 4~iEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final sub- division map of a proposed subdivision to be known as Rancho Robin- hood, Unit No. 2, and WfiEREAS, the Director of Public Works has recommended and the City Council has accepted as a condition that the developer shall pay actual costs incurred by the City in maintaining and operating sewage pump stations constructed to serve the subdivision, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the City Council, to enter into this agreement wherein it is provided that Subdivider will install and complete at Subdivider's o~an expense, sewage pump sta- tions required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has hereto- fore been approved subject to certain requirements and conditions as contained in Resolution No. 7375, approved on the 16th day of July, 1974, in accordance with the recommendations of the Planning Com- mission, and WHEREAS, an estimate of the cost of maintaining and operat- ing said sewage pump station has been estimated at ONE THOUSAND FIVE HUPdDRED DOLLARS AND NO/CENTS ($1,500.00) per year for a period of ten (10 ) years . NOV1, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider shall be responsible for payment of all maintenance and operating costs necessary for the efficient and continuous operation of the lift station. 2. Subdivider shall be billed quarterly by the City and billing shall include a detailed statement and shall be payable within thirty (30) days. 3. Routine maintenance shall be performed by the City. Labor charges will be at prevailing City wages and shall include labor at cost, not including overhead. The minimum labor charge for routine maintenance will be for one (1) hour and time shall include travel to lift station. Transportation costs shall be TWO DOLLARS AND PIO/CENTS ($2.00) per visit to the lift station by City maintenance personnel and this cost shall include vehicle rental, small tools and other normal items used in the performance of maintenance tasks. - 1 - -j ~.--- vw ..s vaw astsa: ~... ~ar~aca'1r:~v-~- vic-:--sc ment parts and such costs will be included in the quarterly bill 5. Costs for electricity, water and telephone shall be included in the quarterly billing. 6. F.epair parts and materials required to perform lift station maintenance shall be included in the quarterly billing. 7. Subdivider shall deposit security in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS .AND NO/100 ($1,500.00) in order to insure compliance with the aforesaid conditions; this amount being based on estimated costs of $1,500.00 per year for ten (10) years. City shall retain this security for each succeeding year up to ten (10) years, which amount may be amended based upon the actual bill- ings for the period involved. Should Subdivider fail to honor periodic billings, upon demand of the City, Subdivider shall pay an additional amount as security to supplement the existing fund, up to an amount of $1,500.00 or such lesser amount as deterrmined by actual billings. 8. This agreement is subject to amendment by the mutual consent of both parties and shall be effective until the sewage passing through the lift station is diverted to a gravity sewer sys- tem and the lift station is no longer necessary. 9. It is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, his agents or employees, in the performance of this agreement. Sub- divider further agrees to protect and hold harmless City, its officers and employees from any and all claims, demands, causes of action, omissions of Subdivider, his agents or employees, in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking of property resulting from the construc- tion of said sewage pump station and shall not constitute the assump- tion by City of any responsibility for such damage or taking, nor shall City, by said approval, he an insurer or surety for the con- struction of the subdivision pursuant to said approved improvement plans. 10. In the event that any suit is brought upon this agree- ment by either party, the court shall have discretion to award the prevailing party reasonable attorneys' fees. 11. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns, it being expressly understood and agreed that Robinhood Homes, Inc. may assign all or part of its annual maintenance obligation hereunder to persons or entities to whom it may sell property which will be served by the sewage lift station, and that upon written approval of such assicnment by the City of Chula Vista, Robinhood Homes, Inc. shall to the extent of such approved assignment be relieved of lia- bility for annual maintenance. IN WITNESS WHEREOF, the partie agreement t~o be executed the day and yea THE CITY OF r o ATTEST TA tyL or ~nu1a ~- %~ ~~ y Clerk Approved as to form by ;- ;~ ., ~ . _~ ,_ .. City Attorney s hereto have caused this r first hereinabove set ,forth. ROBINHOOD HOMES, INC.' ^;~ :~ .. ~S=03~~ fi~.E/PA4E N0. RECORDED REQUEST OF ADDRESSEE Fee ~ 113o I!N'1~ OFFICIAL RECORDS "'` ~~~ SAN QIEiO CEt11NTY.8AUF.~ NAR(`EY F. 6100M RECORDER _£ TO 449 CA (5-73) (Corporation) ~TITI.E INSURANCE AND TRUST • ~~ ATICOR COMPANY STATE OF CALIFO NIA SS. COUNTY OF ` On ~~- ~'~ ~a~ y~~ bef~e me, he undersigned, a Notary Public in and for said State, personally appeared ~O~t ~ LS~ > `~ President, and f ' known to me to be the known to me to be "~ Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the wtthm instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ~- O Signature ~ V wren ~n n ~l; r z ~rf C~~s-~, Name (Typed or Printed) UFF~ICIAL_ SEAL :_~~~' ~, Karen Ann Elizabeth Casey ~" IVJTAfiY PUBLIC - CALIFORNIR \~\ ~, /~ PRINCIPAL OFFICE IN -_- SAN D1EG0 COUNTY iNy C^mmisvi~n Expires P,tarch 16, 1979 (This area for official notarial seal) r' + , ~~- ,. . :; ~~ ~ M~ ..~ ~ ~ . i ~ :f ~ ~, s ~ ~ ; ~; "si.ifl-~, x i , ~ . J :: a.1i7i NAB: NG::r;~. i Y1J~lAK >r• ;1r rii? 1 ~