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HomeMy WebLinkAboutReso 1969-5318 ~:hen~ recorded plcas-e Kenneth P. CUlupLel3., 1',G. LOX lO8? Chula vista , Calif . return to: City Clerlc 92Q12 x_56'753 F7+~z Hq.__,_._.._______._~...~ ~(~pEQ AT RE EST OF RESOLUTION _• Al%BROVINZ; G .. ~ 1959 Fox:m ,No ~ 342 Rev- 8-6% RESOLUTION N0~ 5318 OF THE CITY COUNCIL OF THE CITY OF` ::HULA VISTA AGREEMENT' BETWEEN THE CITY OF CHULA VISTA AND L.R. BLANKENSHIP ~ il~u'E>:~ PA~T_____._ AND AUI'HORIZ%NG °I'HE MAYOR TO EXECUTE SAME _1~S K1 BOOK 1 6{~ aFlRI[CMICL I~EGDRDS OIE~ :DUNTf, CALIFO'Ff14,A ~. ~~,~~e,~a,:o~ti~s tdFy'1~!.t The City Council of the City of Chula Vista does hereby ~"r resolve as follows: That th~.t certain agreement between the City of Chula Vista, a municipal corporation, and L.R. Blankenship, builder, dated the 7th day of August , 1969 , 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 LT FURTHER RESOLVED that the Mayor of the City of Chula Vesta be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Prese fed by .;-' ,. Lane F. Cole, Director blic Works Approved as to form by George D. ndberg, City Attorn ADOP'T'ED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA,; CALIFORNIA, this I2th day of August , 1969 by the following vote, to-wit: AYES: Councilmen_ Scott, Sylvester, Hamilton McCorquodale, McAllister NAYES: Councilmen ABSENT: Councilmen None = `~ -Mayor of `the r 'of Chula Vista ~,~'~ City Clerk STATE OF' CALIFORNIA i COUNTY CAF SAPvT; :.DIEGO' ss Cl'TY OF,~'CHULA,;VISI'A °r I,,~ ;: _, City Clerk of the City of Chula Vist~~ Ca.liforni~aF. D0 HEREBY CERTIFY that the above is a full, true and correct ~opy`of Resolution No, and that the same has not been. amended o"r repeale~,~ DATED ,~ ci ,. $; ,~,. City Clerk SEWER REPAYMENT AGREEMENT THIS AGREEMENT, made and entered into this ~~day of /~/~, 1969, by and between the City of Chula Vista, a Muni pa~oration, hereinafter referred to as "City" and L.R. Blankenship, hereinafter referred to as "Builder", W I T N E S S E T H 4i WHEREAS, Builder has constructed or caused to be constructed a consisting of 392.5 lineal feet of 8 inch vitrified clay pipe and a sewer main and two manholes for a total estimated cost of $5,103.28, and WHEREAS, Section 26.71 of the Chula Vista City Code authorizes the City to impose a charge upon property owners connecting to sewer lines which they have made no contribution and to reimburse the property owners who have built and paid for said sewers, and. WHEREAS, the City Engineer of the City of Chula Vista has deter- mined that certain properites located at 822, 826, vacant lot south of 826 Second Avenue in the City of Chula Vista, tax assessor book No. 573, page 46, parcels 19, 20 and 21, are non-participating properties and said properties should at the time of connection to said sewer be required to pay the following amounts respectively: 1. 50 L.F. x $14.941 = $747.05 - 822 Second Avenue 2. 60 L.F. x $14.941 = $896.46 - 826 Second Avenue 3.54.8 L.F. x $14.941 = $818.77 - vacant lot south of 826 Second Avenue in the total amount of $2,462.28 less the cost of collecting said amount being 5o of said total reimbursement payment in the sum of $123.11 which sum shall be deducted from the first payment collected by the City of Chula Vista. NOW, THEREFORE, IT IS AGREED by and between City and Builder as follows: 1. City shall be obligated to collect the total amount of $2,462.28 at such time as the non-participating properties located at 822, 826 and vacant lot south of 826 Second Avenue, in the City of Chula Vista, shall connect to said sewer line constructed by builder for a period of six (6) years from the date of execution of this agreement should any of said properties connect to said sewer during said period. ~' 2. City shall deduct the sum of $123.11 to cover the cost of collecting said sums from the first reimbursement payment received from any of the aforementioned properties. 3. Building, its lessees, successors and assigns agree to hold City its agents, employees and officers, free and harmless for any and all claims or demands arising from, through or by virtue or the instal- lation of said sewer main and manholes and the collection of connection charges imposed pursuant to the provisions of Section 26.71 of the Chula Vista City Code. Builder further states that he has read and fully understands the provisions of said section of the code and the regulations -1- <. r~ 4 o_X' contained therein regarding the obligation of the City to collect said connection charges and to reimburse Builder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE ~3-T,Y O/F CHULA~ TA ,-~-' Ma o r Attach Notary Acknowledgement here. Approved as to form by -~~<~~y~ George D. L' dberg, City Attorney „ ,., -2- ~~ ~ a . ~,; =~