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HomeMy WebLinkAboutReso 1975-7679Form No. 342 f Rev , 3% 7~ `~ RESOLUTION N0. 7679 RESOLUTION OF THE CITY COUNCIL OF TfE CITY O1~' CHULA VISTA, APPROVING AGREEMENT BETWEEN `THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR THE USE OF SEWER FACILITIES AND AUTHORIZING THE MAYOR 'TO EXECUTE SAID AGREEMENT The Crty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE I`I' RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTRY CLUB, for use of the sewer disposal facilities of the City of Chula Vista, dated the 24th day of April 1g 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 FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he ~s hereby authorized and directed to execute said agreement for and on behalf of the City of Chula V~stat Presented by --. ., '~ ~ ~ -~ . George D. Lindberg, City Attorney Approved as to form. by ;, :-- Geor~j"e D . Lindberg, City At'C'orney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF Cfi ULA VISTA, CALIFORNIA, this 25th day of March. 19 75 , by the followine vote, to-wit: - AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Counc llmen Pdone ABSENT: Councilmen None ATTEST ~ ~ f ~2 --~1~"1' ; 1// City rk r STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CF3ULA VISTAy I. City Clerk of the City of Chula Vista, California, DO f~EREBY CERTIFY that the above is a rul1, true and correct coc~y of Resolution No. and that the same has not been amended cr repealed. DATED ity Cl.er AMENDMENT TO SEWER CONNECTION AGREEMENT BETWEEPd THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB THIS AGREEMENT, made and entered into this day of 1975, by and between the CITY OF CH LA VISTA, a muni ipal corporation, hereinafter called "City", and the SAN DIEGO COUNTRY CLUB, a California corporation, hereinafter called "Country Club"; W I T N E S S E T H WHEREAS, the City of Chula Vista and the San Diego Country Club have heretofore entered into annual agreements commencing in 1968 and subject to annual renewal authorizing the use of the sewer facilities of the City of Chula Vista by the San Diego Country Club, and WHEREAS, the last said agreement was approved by Resolution No. 7442, adopted on August 20, 1974, and WHEREAS, it is now desired by both the City of Chula Vista and the San Diego Country Club to amend said agreement and to extend the term of the agreement for a period of two (2) years in order to eliminate the necessity for renewing the agreement on an annual basis. NOW', TFIEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, it is mutually agreed by and between the parties hereto as follows: 1. The City of Chula Vista hereby authorizes and agrees to allow the San Diego Country Club to connect to sewer facilities located in the Clubhouse of the San Diego Country Club on that pro- perty as shown in the records of the Office of the County Assessor of San Diego County as Parcel 1, Page 040, Book 619. 2. The term of this agreement shall be for a period of two (2) years commencing on the first day of January, 1975, and terminating on the 31st day of December, 1976. It is fully under- stood and agreed by the parties hereto that on said date of December 31, 1976, the permission granted by the agreement shall terminate and all rights of Country Club to the continued use of the sewage disposal facilities of City for the disposal of sewage from said premises owned by Country Club and not located within the corporate limits of City shall cease unless this agreement shall have been renewed by mutual consent of the parties hereto. It is further understood and agreed that City shall have the right as of December 31, 1976, to immediately and without further notice, disconnect the Country Club sewer lateral from the sewage disposal facilities of City unless this agreement shall have been so renewed. 3. The Country Club agrees to pay to the City an annual fee for the privilege of utilizing the sewer facilities of the City of Chula Vista equivalent to the amount of taxes that Country Club would have paid to City were said pr~nises, including land, building, fixtures and business equipment and personalty, annexed to and incorporated in the City, plus the equivalent of the utility users tax which would be paid by Country Club if said Club were - 1 - ~~`~ annexed to and incorporated in the City. Said amount is equal to the taxes which the City of Chula Vista would impose based upon the annual tax rate established for the fiscal year commencing prior to each calendar year in which said charge shall be due and owing as applied to the assessed valuation of the land, improve- ments, fixtures, business equipment and personalty located on said parcel described herein. In addition, Country Club agrees to pay a utility users tax for gas, electricity and telephone service for said parcel at the rate imposed by the City of Chula Vista as applied to the total of said utility bills of the San Diego Country Club for the calendar year preceeding the year in which payment is due and owing. Country Club further agrees that should any other taxes be applied generally throughout the City of Chula Vista, that the method of calculating the fees as described herein shall be appropriately adjusted. The City of Chula Vista reserves the right to request a certified state- ment of the utility bills of the Country Club. 4. Said fee shall be due and payable on or before the 31st day of January commencing in January of 1975. The Finance Director of the City of Chula Vista shall secure the necessary in- formation and present a bill to the General bZanager of the San Diego Country Club. The fee shall be paid to the Finance Director, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 92010. 5. Termination of Agreement. This agreement may be terminated by either party upon written notice delivered on any anniversary date of said agreement, i.e., January 1, for termina- tion at the conclusion of said calendar year in which notice is given. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. SAN DIEGO COUNTRY CLUB t, Approved as to form by ~ ~~ _ f , /i' ~1 ,~:e. - ~.~,~---- Eug e DeFalco, President Approved as to form by ~ ~~ K ith Atherton, Attorney for Country Club City Attorney ~7~ ~~~' THE CITY OF CHULA VISTA