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HomeMy WebLinkAboutReso 1970-5565Form No. 355 RESOLUTION NO. 5565 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING THE AMOUNT OF MONEY WHICH SHOULD BE ASSESSED AGAINST CERTAIN PARCELS OF PROPERTY PRIOR TO MAKING SEWER CONNECTION BECAUSE OF BENEFIT RECEIVED BY SAID PARCELS BY THE CONSTRUCTION OF AN EIGHT INCH (8") SEWER MAIN ACROSS INTERSTATE 805 FREEWAY IN THE CITY OF CHULA VISTA, AND APPROVING REIMBURSEMENT AGREEMENT WITH NACION ASSOCIATES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, NACION ASSOCIATES constructed or caused to be constructed an eight inch (8") sewer main and appurtenances across Interstate 805 Freeway in the City of Chula Vista, and WHEREAS, the City Engineer, on February 19 1970 did accept said construction as having met the specifications and require- ments of the City of Chula Vista, and WHEREAS, the City Engineer has filed his recommendations to the City Council, in writing with the City Clerk, setting forth therein the parcels which he has determined have benefited from the construction of said sewer main and appurtenances, and has set forth his recommendations as to the proportion of benefit received, which sum of money should be paid to the City of Chula Vista prior to any sewer connection being made to any sewer facility of the City, to serve said parcel, and WHEREAS, the City Engineer in his recommendations has ascertained that said Builder has incurred the cost of $ 5,403.60 for the construction of said sewer main and appurtenances and WHEREAS, the City Engineer as part of his recommendations has determined that the benefit received by said Builder because of the construction of said sewer main and appurtenances is $ 5,673.78 and that the amount of money which said Builder should be entitled to receive by way of reimbursement for said con- struction, in accordance with Ordinance No. 405, as amended is $ 5,673.78 less the incidental expenses incurred by the City in the amount of $ 270.18 (including engineering and clerical expenses in order to obtain said reimbursement) or a total amount to be reimbursed to Builder of $ 5,403.60 -1- Form No. 355 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the construction of said sewer main and appurtenances has benefited those parcels as shown on the plat attached hereto and made a part hereof. 2. That the recommendations of the City Engineer, as filed with the City Clerk, are hereby approved and adopted, and the sum of X5,673.78 is hereby assessed against said parcels as a result of said benefit received, which sum of money shall be paid to the City of Chula Vista prior to any connection being made to any sewer facility of the City to serve said parcel, all in accordance with the provisions of Ordinance No. 405. 3. That that certain reimbursement agreement between the CITY OF CHULA VISTA and NACION ASSOCIATES dated the 6th day of March 19 70 the expiration date of which is hereby established as March 10, 1980 from the date of the adoption of this resolution, 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 said City. Prese~t}ted by ~- U~ ~ ~~.. / ~-~:. , , ane F. Cole, Director, f ubli~c Wor Approved as to form by George D. indberg, City Attorney -2- ss~~ 5 ADOPTED APTD APPROVED by the CITY COUDICIL of the CITY OF CEULA VISTH CALIFORNIA, this 10th day of to-wit: March 1970 by the followinc vote, AYES: Councilmen Scott, Sylvester, Hamilton, Hyde I`;AYES: Councilmen None ABSEP~T: Councilmen McAllister ~~~ Mayor of the Citv of Ch' a Vista ~_-' C ~ ~ / ATTEST .~~ ~ i~ ~G City Cler STATE OF CALIFORNIA ) COUNTY OF SAT', DIEGO ) ss. CITY OF CHULA VISTA ) I, k;ENNETH P. CA.~IPBELL, City Clerk of the City of Chula ;,'ista, CalLro~nia, DO TEREBY CERTIFY that the above and foregoing is a full, true and correct c:~nT;- ~~i or r2nealed. DATED and that the same has not been amended City Cleric z_ CC-552 ,{` l _ ,~~ ~ > ~j J 1- M i l l . V V. Y 1 L REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 6 day of March 19~, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City'°, and NACION ASSOCIATES hereinafter called "Builder," W I T N E S S E T H WHEREAS, Builder has constructed or caused to be constructed eight inch (8") sewer main and-appurtenances in and across Interstate 805 Freeway in the City of Chula Vista, and WHEREAS, on March 10 1970 , the City Council of the City of Chula Vista adopted Resolution Noo 5565 which resolution determined that the construction of said sewer main and appurtenances has benefited certain parcels of land as shown on the plat attached to said resolution, and WHEREAS, said resolution set forth therein a determination by the City Engineer of the amount of money which Builder should be reimbursed for the construction of said sewer main and appurtenances in accordance with the provisions of Ordinance No. 405, as amended, to the extent that said has benefited said parcels of land, and less the incidental expenses incurred in connection with obtaining said reimbursement, and WHEREAS, Builder has read and understands the provisions of Ordinance No. 405 and Resolution No. 5565 and agrees to all of the provisions of said ordinance and the statements, determinations and conclusions in said resolution, and WHEREAS, Builder represents that said sewer main and appurtenances have been installed and vested in the City, free and clear of any demand from any person or firm whatsoever, and WHEREAS, it is agreed by Builder that reimbursement for the construction of said sewer main and appurtenances shall be limited to refunds collected pursuant to the provisions of Ordinance No. 405; NOW, THEREFORE, IT IS AGREED by and between City and Builder as follows: 1. Builder, its lessees, successors, and assigns agree to hold City, its agents, officers and officials free and harmless from any and all claims or demands arising from or out of or through the installation of said sewer main and appurtenances. 2. In the event the amount collected by City from persons connecting to said does not compensate City for the cost of collection, City may deduct from the amount due Builder a reasonable sum of money to cover the cost of collection by City. City shall in no case be liable to Builder for failure, neglect or inability for any reason to collect any charges herein mentioned, or to reimburse Builder as herein provided, or for errors in proportionate disbursement•thereof. 3o City agrees to reimburse Builder for the construction of said sewer main and appurtenances in an amount not to exceed the sum of $5,403.60 in accordance with the provisions of Ordinance No. 405, Resolution No. 5565 and this agreement. -1- ~Pss~s Form No. 412 Page 2 IN WITNESS WHEREOF, this agreement is executed by the CITY OF CHULA VISTA acting by and through its Mayor pursuant to Resolution No. 5565 and by the day and year first hereinabove written. THE CITY OF CHULA VISTA ATTEST e Mayor BUILDER NACION ASSOCIATES by: Stan Deve-l~o,{pm~nt. Co. Cam"`-t,~~4kr~.r~ Albert 1. Gottschalk, Treasurer Approved as to form by l i TO 446 C (Corporation as a Partner of a Partnership) O STATE OF CALIFORNIA l COUNTY OF_ San Diego } SS. ~` On March 6, 19]~ -]bef=re me, the undersigned, a Notary Public in and for i __-_-______ said State, personally appeared ,known to me to be the ~ ____ President, and Albert I. Gottschalk ,known to me to be th e Treasurer = Se14X24rlC~:of Stan Development CO. ,the corporation that executed m the within instrument and known to me to be the persons who ~ executed the within instrument on behalf of said corporation. said corporation being known to me to be one of the partners of }L _~ "" U / ~ ~ `- C T t ~~ " a NACI ON ASSOCIATES t ' ~` ] ' ~ _, the partnership - 1 - ? that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and {" ~ ' _ ~ F ~\ j _ _ _, _. ~..~ !V ^ that such partnership executed the same / ~ . ~~ ~ WITNESS hand an o tal s 1. p ~ L~~ t. __ ] ,3f - y Signature - Margaret M. Vallee ~ ~ ~~ Name (Typed or Printed) (This area for oficial notarial seal) - 2 - /J /\~--'