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HomeMy WebLinkAboutReso 1973-6793•J r, Form No. 342 Rev. 9-71 RESOLUTION NO. 6793 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTRY CLUB FOR USE 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 SAN DIEGO COUNTRY CLUB, for the use of the sewer disposal facilities of the City of Chula Vista, dated the 27th day of March 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 ~~~ ~~~ ~~ George D. Lindberg, City Attor George D. Li berg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 27th day of March the following vote, to-wit: the CITY OF CHULA 19 73 , by AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES: Councilmen None ABSENT: Councilmen None °~-~Z-~~-- ZAP Mayor of the City of Chula V''sta ATTEST ~ ~, 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 i,; ,t A'~ii-;i~dD:~'!r:~T '1'O SI:Tv1:R CO:~._?';~:`1'IGid i~GREF_TiEN`I' THIS AGREE'?ENT, made and entered into this 27th day of March _ 1973, b~• and bet~•.~en the CITY OF. CIIt?LA ~?ISTA, a munlClt~~tl C;OrpOrat~On, heY'elnafter Called "C1ty", and the SAN DIEGO COliriTRY CLIIB, a California corpo7-ation, hereinafter called "Country Club" ; ~9 I T N E S S E T H VIiERE~S, t'_ne City of Chula Vista and the San Diego Country C1~?b have hereto.~ore I,ursuant to the terms of that certair_ amended agreement dated December 23, 1909, approved by Resolution No. 5473, adopted by the City Council of the City of Chula Vista on the 23rd day of December, 1969, enter.ec into an agreement authorizing the use of the sewer disposal facilities of the City of_ Chula Vista, and P~HEP-~F.S, said aureer~:er.t was thereafter amended extending said agreement to and until Decer~:ber 31, 1972, and. VIiEREAS, the City of Chula Vista and the San Diego Country Club in accordance ~-;ith the terms and conditions of said amended agreerent wish to extend said agreement to and until the 31st day of December, 1973. NOVd, THEREFORE, ir. consideration of the premises and for ether good. and valuable cor.sider.ation, receipt of which is hereby acknowledged, it is mutually agreed by and between the parties hereto as follo~,•s 1, That that certain amended agreement dated July 11, 1972, approved by Resolution No. 6510 be, and the same is hereby amended in respect to Articles 2 and 3 thereof as shown on page 1 thereof and in no other way as follo~:s: ~. The ter::: of thi s agroA:-1er_t shall be for a period of one (1) year commencing on the first da_y of January, 1973, and terminating on the 31st day of December, 1973. It is fully under- stood and agreed by tine parties hereto that on said date of December 31, 1973, 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, 1973, 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. Country Club agrees to pay to City, as the annual fee for the calendar year 1973, the sum of T~•]O THOUSAND ONE FIUNDRED SIXTY-EIGHT AND 51/100 DOLLARS ($2,168.51)concurrently with the execution of this agreement. Said feeds equivalent to the amount of taxes that Country Club would have paid to City were said premises, including land, building, fixtures and business equipment and personalty, annexed to and incorporated in the City, plus the equivaleent of tine utility users tax which would be paid by Country Club if said Club ~ti-ere anne}:ed to and incorporated in the City. -1.- ~~ ~~ i4, r.,, T}ie fec is based upon assessed valuation provided by the Office of the Cou7:ty Assessor of San Diego County for said Parcel 1, Pages 040 and 020, Book Gig, as follo~.s: Land $1.2,500.OU Improvements 52,500.00 Fixtures 2,396.00 Statement secured. to property (Business equipment and personalty) ?_2,790.00 TOTAL $90,186.00 Applying the tax rate for the City of Chula Vista, being $1.45 per $100.00 of assessed valuation, which tax rate is in effect on January= 1, 1°73, said annual fee of $]_,307.70 is derived. Utility bills for_ gas and electricity and telephone for the Clubhouse aret~ in calendar year 1972 totaled $17,21.6.17. Applying the 5°; util_i_ty usE~-i-s to_;i, the total tas; to be paid for calendar year 1973 ~aouJ.d be $860.81. IN ~^7IT\ESS T^:?~EREOF the parties hereto have caused this agreement to be <~~;ecuted the day and year first hereinabove set forth. THE CITY'OF CHL'LA VISTA ~h- blayor of Approved r~. -~:~ George ;-6' ~ ~~ - the City of Chula, i.sta as to form by ~~> ~~~~ ', ~~ -~J . Linaberg, City Atto y -2- SAN DIEGO COUNTRY CLUB ' ~, X ~~~~~~~~' President George Webster Approved as to form by ~ ~ _ l ;' L _ Ke~~.th Atherton, Attorney for Country Club ~~~