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Home My WebLink AboutReso 1973-6725Form No. 342 Rev. 9-71 RESOLUTION N0. 6725 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STATE OF CALIFORNIA REGARDING MODIFICATION OF SEWER FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and the State of California regarding modification of sewer facilities dated the 6th day of February 1973 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 is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Lane F. Cole, Director of George Lindberg, City Atto ey Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of February , 1973 by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABSENT: Councilmen None '~ Mayor of the City 8f Chula Vista / ~- ATTEST ,~- "f~' e ~ ~ " City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk Owner ~~ 11-SD-5/54 8.6-10.1/0.0-1.9 046522 District Utility Agreement No. 15171-A THIS AGREEMENT, MADE AND ENTERED INTO THIS 6th DAY OF February ~ X973 BY AND BETWEEN " CITY OF CHULA VISTA a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AND STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Public Works, Division of Highways, hereinafter referred to as "STATE" W I T N E S S E T H WHEREAS, STATE on October 25, 1961 adopted the route of Road 11-SD-5/ ~+ between "E" Street in Chula Vista and 24th Street in National City and on Route 54 between Routes 5 and 805 as a portion of Interstate Highway and Freeway Route 5/54, and WHEREAS, certain sewer lines owned and ~aa,intained by CITY have been determined to be in conflict with said freeway construction, and WHEREAS, SPRING VALLEY SANITATION DISTRICT, by virtue of agreement with STATE, will construct sewer facilities outside STATEtS northerly and southerly right of way lines as shown on DISTRICT'S drawings for projects LN9008 and LN9010 on file in the office of the Division of Highways, 4075 Taylor Street in San Diego, California. ---~ ~~ ` ~~ U .,~_ v 11-SD-5/5~+, 8.6-10.1/0.0-1.9 Utility Agreement No. 15171-A Page 2 WHEREAS, construction of said projects LN9008 and LN9010 will permit certain sewer lines owned by CITY which are presently in conflict with the construction of said freeway to be connected to the facilities of SPRING VALLEY SANITATION DISTRICT. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES 1. To cause sewer facilities to be constructed along STATES northerly right of way line between existing facilities in Edgemere Avenue and the Metropolitan sewer line west of Coolidge Avenue and to provide sewer service for that area lying north. of STATE'S right of way line between National and "D" Avenues, in accordance with plans for the aforementioned project LN9010. 2. To cause sewer facilities to be constructed along STATE'S southerly right of way line connecting the Spring Valley Outfall line east of Edgemere Avenue and west of Highland Avenue and to provide sewer service for that area presently being served by the sewerage pumping station located within STATE'S right of way line at Highland Avenue, in accordance with plans for the aforementioned project LN9008. 3. In lieu of replacing said sewerage pumping station STATE will pay the cost that will be incurred by CITY for connecting to the sewer facilities of SPRING VALLEY SANITATION DISTRICT. In accordance with CITY'S letter dated February 29, 1972, the area presently served by said sewerage pumping station has been calculated to be 26.0- acres with a connection fee of X130.00 per acre for a total of ~3,3~5.00. STATE will pay CITY said connection fee within 60 days after the aforementioned projects LN9008 and LN9010 have been completed. CITY AGREES: 1. To permit necessary connections to be made to the SPRING VALLEY SANITATION DISTRICT in accordance with the aforementioned plans for projects LN9008 and LN9010. ,-" ~ r 1 -C_ J 11-SD-5/5~+, 8.6-10.1/0.0-1.9 Utility Agreement No. 1 5171-A Page 3 2. Upon completion of said connections to abandon all sewer facilities lying within STATE'S right of way and to credit STATE with the accrued depreciation of those facilities to be abandoned and the value of any materials salvaged. SECTION II IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That obligations of STATE under terms of this Agreement are subject to the approval and award of a construction contract by SPRING VALLEY SANITATION DISTRICT for the construction of the hereinbefore described sewer facilities. 2. All change orders affecting CITY'S obligation hereunder shall be approved by CITY'S Engineer. 3. That neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any works authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.E-~ CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any works authority or juris- diction delegated to CITY under this Agreement. ~-. That neither CITY or any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any works authority or jurisdiction not delegated to CITY under this Agreement. It is also under- stood that pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liabilit~r imposed for injury (as defined by Government Gode Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any works authority or jurisdiction not delegated to CITY under this Agreement. ~~ ~ S. / . 11-sD-5/5~-, 8.6-10.1/0.0-1.9 Utility Agreement No. 15171-A Page 4 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers duly authorized the provisions of which Agreement are effective as of the days month and year first hereinabove written. APPROVAL RECOMMENDED: ~~ %,v~ Distr' Rig t of a .A nt i ! Rig t of Way earance Agent APPROVED: CITY OF CHULA VISA ~ ~~ .~,, _~ By (Mayor) STATE OF CALIFORNIA DEPAR MEtV OF PUBLIC WORKS D~VIS~0,'N~ .OF HIGHWAYS By c er C. 3. MACDOHALD EIEADQUARTERS 'r./`~N ~.PT. 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