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HomeMy WebLinkAboutReso 1969-5478a- RESOLUTION NO. 5478 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR USE OF SEWER FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain amendment to the agreement between the City of Chula Vista and the San Diego Country Club, for the use of the sewer disposal facilities of the City of Chula Vista, dated the 18th day of March, 1969, a copy of which amended agreement 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. Presented by ~~ ~.~./ ~ ~ a -•~---_-.._u Gordon E. Thorn,~A~ministrative Officer ADOPTED AND APPROVED by the CITY COUNCIL VISTA, CALIFORNIA, this 23rd day of December following vote, to-wit: Approved as to form by ;- , ~` s ~~~ George D.r indberg, City Attor AYES : Councilmen Sylvester, Hamilton, Hyde, McAllister, Scott NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City oft hula Vista ATTEST : ~, -<...~•,-: _~..ti 1.-~~`~" ~° _t •,~ (' 'ty 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 of the CITY OF CHULA 19 69 by the City Clerk AMENDMENT TO SEWER- CONNECTION AGREEMENT THIS AGREEMENT, made and .entered into this 23rd day of December , 196, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the SAN DIEGO COUNTRY CLUB, a California corporation, hereinafter called "Country Club"; W I T N E S S E T H WHEREAS, the City of Chula Vista and the San Diego Country Club have heretofore pursuant to the terms of that certain agreement dated March 18, 1969, approved by Resolution No. 5095 adopted by the City Council of the City of Chula Vista on the 18th day of March, 1969, entered into an agreement authorizing the use of the sewer disposal facilities of the City of Chula Vista, and WHEREAS, said agreement was for the time period of January 1, 1969 to December 31, 1969, and WHEREAS, the City of Chula Vista and the San Diego Country Club in accordance with the terms and conditions of said agreement wish to extend said agreement to and until the 31st day of December, 1970. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, it is mutually agreed by and between the parties hereto as follows: 1. That that certain agreement dated March 18, 1969 be, ar_d the same is hereby amended in respect to Articles 2 and 3 thereof as shown on page 2 thereof and in no other way as follows: "2. The term of this Agreement shall be for a period of one (1) year, commencing on the 1st day of January, 1970, and ter- minating on the 31st day of December, 1970. It is fully understood and. agreed by the parties hereto that on said date of December 31, 1970, the permission granted by this 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, 1970, to immediately and without further notice, disconnect the Country Club sewer lateral frc-~~ the sewage disposal facilities of City unless this Agreement shall h~. been so renewed. 3. Country Club agrees to pay to City, as the annual fee for the calendar year 1970, the sum of One Thousand Two Hundred Fifty Sever. and S3/100 Dollars ($1,257.83) concurrently with the execution of ti-_is Agreement. Said fee is equivalent to the amount of taxes th -_. 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. The fee is based upon assessed val»;_:_ians provided by the Office of the County Asses of San Diego Cc - .ty for said Parcel 1, Page 4, Book 619, a_ ~Fa.,_ic ws: F, - 1 - Land $12,220.00 - Improvements 51,480.00 Fixtures 2,396.00 Statement secured to property (business equipment and personalty) 20,651.00 - Total $86,747.00 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, 1970, said annual fee of $1,257.83 is derived." 2. That all other terms and conditions of said agreement dated March 18, 1969 be, a_nd the same are hereby in full force and effect. 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 ~' ~,.,~.t.~..-~ ---~ / ~ SAN DIEGO COUNTRY /Ly Approved as to form by John J. Bryan, Attorney for Country Club George D, indberg, City Attorney ~~ ~ ~ C~l ~~-