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Home My WebLink AboutReso 1973-6833en recorded; please z°e turn to: ~. ~~ ti it i.'. .... .. .. ~ ._ _. . ~ . 2~S ' ~ Form No . 34 2 Rev. 9-71 RESOLUTION NO. 6833 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA 11ND SHATTUCK CONSTRUCTION COMPANY FOR TEMPORARY SEWER PUMP STATION AND MAINTENANCE - CANDLEWOOD SUBDIVISION 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 SHATTUCK CONSTRUCTION COMPANY, a corporation, for temporary sewer pump station and maintenance - Candlewood Subdivision dated the 24th day of April 19 73 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 ~-'1 O ~ ~ i ~ ~~ Lane F. Cole, Director of George D.4 indberg, City Attorney` Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 24th day of April , 19 73 , by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : Councilmen None ABSENT: Councilmen None ATTEST ~„~%1ZiyL, , ~ G ~G City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~• Mayor of the City of Chula Vista I, Jennie ^n. Fulasz , 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that the above is a full, true and correct copy of Resolution No. 6833 and that the same has not beeri;;ame~ded or repealed. DATED *~ay 10, 1973 _) C ty Clerk // ~/ ~ ~ ' C~ O ~~.J • 2`=~ • AGREEMENT FOR TEMPORARY SE4•]ER PUMP STATION AND P•'IAINTENANCE - CANDLE~•]OOD SUBDIVISION THIS AGREE."'LENT, made and entered into this 24th day of April , 1973, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SHATTUCK CONSTRUCTION COP4PANY, a corporation, hereinafter called "Owner"; W I T N E S S E T H WHEF.EAS, Owner owns the following described property locat- ed in the City of Chula Vista, County of San Diego, State of Calif- ornia, described as follows: Lots 1 to 125 inclusive of Candlewood in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 7614 filed in the Office of the County Recorder of San Diego County on April 30 , 1973. WHEREAS, City and Owner desire to provide sewer service for the above-mentioned property, which service would be best provid- ed with the construction of a temporary sewer pump station owned and operated by the City. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Owner and his successors and assigns agree to install, at his expense, a temporary sewer pump station and to pay the actual prorated costs incurred by the City in maintaining and operating said station constructed to serve said land. 2. City agrees to own and operate for the purpose of providing sewer service said station. 3. Owner and his successors and assigns agree to bear the cost of said temporary sewer pump station and to pay said obligation in the form of a sewer charge on the monthly water bill until such time as a gravity trunk line sewer is installed to serve said land. 4. City agrees that a fair estimate of the cost on a prorated basis will be $2.00 per month for each of the 125 units to be constructed on said land. Said amount shall be in addition to all other sums otherwise due the City from owner, his successors and assigns, as recorded on the monthly water bill. 5. City and Owner agree that the temporary sewer pump station shall at all times be owned and operated by City and upon completion of the installation, owner shall, upon demand by the City, make, execute and deliver to City such bills of sale or other documents of title as City may require. 6. City agrees that at such time as a gravity trunk line sewer is fully constructed and this agreement fully executed, City will cause to record such documentation clearly expressing a release from this agreement of Owner in the office of the County Recorder of San Diego County, California. -1- ~~ ~~~ ,•y ~ . r • • • 2~~~ 7. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties and is intend- ed to operate as a covenant running with said land belonging to the Owner, so as to bind all parties who may in the•future acquire an interest therein. IN WITNESS WHEREOF, the parties hez~eto have caused this agreement to be executed the day and year first hereinabove set fnrth_ THE CITY OF CHULA VISTA t ,_ ,r ~~ / ~ s~_~ i 7 / 1 ~ May r of .~he City of Chula Vista ~'~~ ATTEST ~l`--~! ~'Lt /~l ;-- It (~~- ~ ~_ "'-City Clerk Approved as to form by George Lindberg, City Atto y SHATTUCK CONSTRTJC'I'=SON COP~'I~~kNY ,)-' ~` f ,~=-=~- cl- ~ , ~ ~ Err.' ~- .; '~3--12594 FtLE/PACE t;C. RECOP,DED REO E QF C'" ~'~('~ CITY CLERK Mar 1110 09 ~H j ~~ 0r=FICIAL r,~CORDS SAN DIEGO COUNTY.CALIF. FIARLEY F. BLOOM RECORDER N4 ~ State of California County of San Diego ~ SS. On April 4, 1973 before me, the undersigned, a Notary Public in and z for_ San DieQO County, California, ~' ersonall a ~ P Y ppeared ~' J. R. Shattuck J known to me to be the President, and ~ known to me to be the Secretary of ~ the corporation that executed the within instrument, i and 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 corpora- = lion executed the within instrument pursuant to its i By-Laws or a Resolution of its Board of Directors. ~ WITNESS my hand and official seal. a ~~~t,__'~-~-- (Seal) '~---~ '...c"~' z9arw n_p, a~eRs~Trr,t, e, a_w..==!.~ m~ m u r_i_w_m n~avmm°ti~ ~" JUDITH m= ; M.nDWYER s` ~ ~.~n~,i~;'~ NOT:~.RY i=UEiLIC or e` ;~! Prircipal O'L:ic. Sa:r Diego Co. Calit. ~e s My Commission Expires March 20, 1974 m` '. ,mm~mmu~m~e:w~~ u'ram%mmmrra m m r a a m m m m s a. "`4~m°re"`ec"ymmmsmmamrm - 2- Form No. 342 Rev. 9-71 RESOLUTION N0. 6833 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHATTUCK CONSTRUCTION COMPANY FOR TEMPORARY SEWER PUMP STATION AND MAINTENANCE - CANDLEWOOD SUBDIVISION 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 SHATTUCK CONSTRUCTION COMPANY, a corporation, for temporary sewer pump station and maintenance - Candlewood Subdivision dated the 24th day of April 19 73 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 ~1 ~ ~ ~ ~~ ~ ~~ Lane F. Cole, Directar of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 24th day the following vote, to-wit: i George D. indberg, City Attorne the CITY COUNCIL of the CITY OF CHULA of April 19 73 by AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : Councilmen None ABSENT: Councilmen None ,' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) __ ~> `. ATTEST ~ -~;~L- ~ ~ ~~ ~, City Cler v ~• - Mayor of the 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