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Home My WebLink AboutReso 1972-6544 Form No. 342 Rev. 9-71 RESOLUTION NO. 6544 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EL RANCHO DEL REY CORPORATION FOR THE OPERATION AND MAINTENANCE COSTS INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION, IN UNIT NO. 1 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 EL RANCHO DEL REY CORPORATION dated the 8th day of August 1972 , 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 .o Pub is George D indberg, City Attorn Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of August , 1972 , by the following vote, to-wit: AYES : CouncilmenEgdahl, Scott, Hobel, Hamilton NAYES: CouncilmenNone ABSENT : CouncilmenHyde i ~ -mss .~~r_ } Mayor of the City of Chula Vista i~ ATTEST `~,'i f'L ~;`~% ~'1, -~~~ . ..c~~.ad-'' ~ 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CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed.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 AGREEMENT FOR THE OPERATION AND MAINTENANCE CO5T5 INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION IN EL RANCHO DEL REY SUBDIVISION, UNIT NO. 1 THIS AGREEMENT, made and entered into this 8th day of August, 1972, by and between the CITY OF CHULA VI5TA, a municipal corporation, hereinafter called "City", and EL RANCHO DEL REY CORPORATION, 9777 Wilshire Boulevard, Suite 500, Beverly Hills, California 90212, hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision to be known as El Rancho del Rey, Unit No. 1, and WHEREAS, 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 own expense, sewage pump stations 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 heretofore been approved subject to certain requirements and conditions as con- tained in Resolution No. 6243, approved on the 26th day of October, 1971, in accordance with the recommendations of the Planning Commission, and WHEREAS, an estimate of the cost of constructing said sewage pump stations has been estimated at THREE THOUSAND DOLLARS AND NO/CENTS ($3,000.00) per station per year. FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 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 NO/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- ~ ~ %I, / 4. The City will contract for any major repairs or replace- ment parts and such costs will be included in the quarterly billing. 5. Costs for electricity, water and telephone shall be included in the quarterly billing. 6. Repair 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 THREE THOUSAND DOLLARS AND NO/100 ($3,000.00) in order to insure compliance with the aforesaid conditions; this amount being based on estimated costs of $3,000.00 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 billings 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 $3,000.00 or such lesser amount as determined 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 system 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 construction of said sewage pump station and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 10. In the event that any other property owner owning property other than property presently included within the El Rancho Del Rey ownership is permitted by the City of Chula Vista to make use of the sewage lift station provided for herein, then such other owner shall at the time such permission is granted thereupon be obligated to pay to El Rancho del Rey a prorata share of the original cost of construction of said sewage lift station. Such prorata share shall be determined by the City Engineer, based on his estimates of the relative quantity of flow produced by property presently owned by El Rancho del Rey in relationship to the other property which will be permitted to be served by the sewage lift station. The other property to be served by the sewage lift station shall also thereafter be obligated to the City of Chula Vista for its prorata share of the cost of maintaining said sewage pump station (and El Rancho del Rey's obligations shall be reduced accordingly), said prorata share to be determined in the same manner as used in determining the amount of reimbursement due El Rancho del Rey for construction of the sewage lift station. 11. In the event that any suit is brought upon this agreement by either party, the court shall have discretion to award the prevail- ing party reasonable attorneys' fees. 12. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns, -2- ~ ~ -, _ _ r. -~ ~ +~ it being expressly understood and agreed that E1 Rancho del Rey may assign all or part of its annual maintenance obligation here- under 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 assignment by the City of Chula Vista, El Rancho del Rey shall to the extent of such approved assignment be relieved of liability for annual maintenance. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~, ~ ~, { ~ J ;._ Mayor of the City of Chula Vista ~ , !' , ATTEST - %-1 ~ iz cE- ~/~i~~._ %~-CC-~~«1 EL RANCHO DEL P,EY CORPORATION C__-- ~- .,,,_ ~ ~~ , Carmen Pasquale, Ex ¢. Vice-President Approved as to form by ~ ~-~~ George Lindberg, City Atto -3- ~ ~ r'; ~ ~;~~ ~p