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HomeMy WebLinkAboutReso 1969-5095- ~ Foxm ~To ~ 34 2 Rev- 8-6~ RESOLUTION N0~ 5095 RE5OLUTTON OF 'THE CITY COUNCIL OF THE CITY OF''CHULA VISTA APtROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR THE UTILIZATION OF THE SEWER DISPOSAL FACILITIES OF THE CITY OF CHULA VISTA, AND ACTTHORIZiNG THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chula Vista, a mcnicipal corporation, and the San Diego Country Club, a California corporation, for the utilization by the Country Club of the sewer disposal facilities of the City of Chula Vista dated the 18th day of March 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 ~T 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 Fred A. Ross, Chief Administrative Officer ADOPTED AND APPROVED by the CITY COUNCIL of VISTA,, CALYFORNIA6 this 18th day of March following voteF to-wit: Approved as to form by George D Lindberg, City Atto AYES : Councilmen_Scott z Sylvester, McAllister the CITY OF CHULA ~, 19 69 by the NAPES : Coun~. ilmen Hamilton, McCorquodale ABSEN'T': Councilmen N L~ ~ ~~ Mayor of the City of Chula ~11.otd r / pro tem City Clerk ' STATE OF CALyFORNIA a COUNTY OF SAN DIEGO ss- C~'TY OF CHULA VISTA b 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 amended or repealed DATED City Clerk SEWER CONNECTION AGREEMENT THIS AGREEMENT, made and entered into this 18th day of March 19 69 , by and between the CITY OF CHULA VISTA, a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 San Diego Country Club is of a private golf course, club house and related located on land lying in the unincorporated area State of California, being an area of approximate fifty-six (156) acres and a portion of Rancho de Section 121, Southeast Quarter, and the owner and operator accessory facilities of San Diego County, =_ly one hundred and la Nacion Quarter WHEREAS, Country Club has heretofore entered into a certain agreement with City, dated the 11th day of December, 1951, as approved by Resolution No. 1283, adopted by the City Council of the City of Chula Vista on the 11th day of December, 1951, for the purpose of utilizing the sewer disposal facilities of the City of Chula Vista, and WHEREAS, by the terms of said agreement, the rights of the Country Club to the use of said facilities for the disposal of sewage from any real property owned by the Club and not located within the corporate limits of the City shall terminate and said use shall cease on the first day of January, 1957, and WHEREAS, the Country Club has, from said date to the present time, enjoyed the continuous and uninterrupted use of said sewer facilities, and WHEREAS, in December of 1960, the City of Chula Vista entered into the Sewage Disposal Agreement of 1960 with the City of San Diego, becoming a participating agency in the Metropolitan Sewerage System, incorporating the City's sewage facilities into said system, and WHEREAS, Section 6, "Limitation on Type and Condition of Sewage", subsection (c) of said Agreement provides: "Participating Agency shall not discharge into the Metropolitan Sewerage System any sewage originating outside the boundaries of the Participating Agency without the written consent of the City." and WHEREAS, the Country Club desires to continue the use of said sewage disposal facilities for the disposal of sewage generated in the present club house building, and has requested that an agreement be prepared authorizing said use, and WHEREAS, the Country Club does not, at the present time, desire to annex all or a portion of said property but, in lieu thereof, agrees to pay to the City, for permission to use said sewage disposal facilities, a sum of money equal to the annual ad valorem tax which would be paid to the City of Chula Vista in accordance with the current City tax rate, based upon the assessed valuation as determined by the County Assessor on that portion of property owned by Country Club upon which is located the club house building and accessory buildings and facilities, shown in the San Diego County Assessor's Book as Parcel 1, Book 619, Page 4 (619-040-1), were said property to be annexed and incorporated into the City of Chula Vista, and -1- ,P-.~~9s WHEREAS, City is willing to allow Country Club to use said facilities in accordance with the terms and conditions set forth herein, and agrees to obtain the written consent of the City of San Diego, as required by the Sewage Disposal Agreement of 1960. 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. City agrees to permit Country Club to maintain the existing connection of the plumbing facilities and fixtures of the present club house building of Country Club, permitting the use of the sewage disposal facilities of City, being a part of the Metropolitan Sewerage System. 2, The term of this Agreement shall be for a period of one (1) year, commencing on the 1st day of January, 1969, and terminating on the 31st day of December, 1969. It is fully understood and agreed by the parties hereto that on said date of December 31, 1969, 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, 1969, to immediately and without further notice, disconnect the County Club sewer lateral from the sewage disposal facilities of City unless this Agreement shall have been so renewed. 3. Country Club agrees to pay to City, as the annual fee for the calendar year 1969, the sum of One Thousand and Twenty and 65/100 Dollars ($1,020.65) concurrently with the execution of this Agreement. Said fee is equivalent to the amount of taxes 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 valuations provided by the Office of the County Assessor of San Diego County for said Parcel 1, Page 4, Book 619, as follows: Land $11,750.00 Improvements 44,500.00 Fixtures 1,710.00 Statement secured to property (business equipment and per- sonalty) 16,540.00 Total $74,500.00 Applying the tax rate for the City of Chula Vista, being $1.37 per $100.00 of assessed valuation, which tax rate was in effect on January 1, 1969, said annual fee of $1,020.65 is derived. 4. City agrees to obtain written consent of the City of San Diego, authorizing the discharge of Country Club sewage into the Metropolitan Sewerage System, pursuant to the requirements of Section 6, subsection (c) of the Sewage Disposal Agreement of 1960. 5. Country Club agrees that during the period of this Agree- . ment, it shall assume full responsibility for the maintenance and repair of the sewer lateral and shall install a grease trap or other necessary devices as approved by the Director of Public Works, to assure that the sewage matter discharged into the City facilities does not cause blockage or other disruptions in the capacity of said facilities. 6. It is agreed by Country Club that City shall incur no liability for damages which may arise from, or out of, or be claimed by reason of the use of said sewage disposal facilities by Country Club. Country Club further agrees to indemnify and hold City harmless from any liability which may arise out of the Country Club's use of said facilities. 7. Country Club further agrees disconnection of said sewer facilities if pursuant to the terms of this Agreement. shall be determined by the Director of Pu Chula Vista, and shall be due and payable connection. to pay in full the cost of such should be required Said cost of disconnection olic Works of the City of at the time of said dis- 8. It is understood and agreed that if, and in the event that the premises described herein are annexed to the City of Chula Vista at any time during the term of this Agreement, this Agreement shall be of no further force and effect and that a proportionate share of the fee paid by the Country Club to City for the balance of the term of this Agreement subsequent to annexation shall be refunded. 9. The permit for the use of the sewage facilities, as authorized by this Agreement, shall inure exclusively to the benefit of the San Diego Country Club and shall not run with the land nor pass to the heirs, assigns or successors in interest to the San Diego Country Club, and shall not be assigned or transferred without the written consent of City. 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 Pdayor pro-ten SAN DIEGO COUNTRY CLUB . ~ ~.. ~~ Approved as to form by John J. Bryan, Attorney for Country Club /' ~ ,,~~ George D, ndberg, City~Attorne F ~,~~9~