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HomeMy WebLinkAboutReso 1967-4382Form No. 342 RESOLUTION NO. 4382 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CELIA A, SELIGSON AND RAY J. HALPENNY DOING BUSINESS AS C & M ENTERPRISES FOR PARTICIPATION IN THE COST OF THE "F" STREET SEWER EXTENSION AND AUTHORIZING 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 municipal corporation, and CELIA A. SELIGSON and RAY J. HALPENNY, doing business as C & M Enterprises for participation in the cost of "F" Street sewer extension dated the 18th day of April 19 67 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. Presen ed by Lane F. Cole, Director of Public Works Approved as to form by '` `' ,. , /~ George D. indberg, City Atto -1- ADOPTED AP?D APPROVED by the CITY COLS?CIL of the CITE OF CI'_ULA VISrt~ CALIFORNIA, this 18th day of April , 1967 by the follc;~,~in~ vote, to-wit: AYES: Councilmen Sparling, Sylvester, Anderson, McCorquodale, McAllister NAPES: Councilmen None ABSENT: Councilmen None Mayor of the City or ula V~_st ATTEST _ '"J ~~F_ ~.-c_..~,..- t.. ~~~ ~z.. ~.~.~ %,-X -- City Clerk STATE OF CALIFORNIA ) COU~dTI' OF SAT' DIEGO ) ss e CITY OF CHULA VISTA ) I, KENNETH P. CAr1PBELL, City Clerk of the City of Chula Vista, Cali;-oc~nia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct cop}- ~~1 and that the same has not been amended or reoealed. DATED : City Cleric ~~ CC-652 AGREEMENT FOR "F" STREET SEWER EXTENSION THIS AGREEMENT, made and entered into this 18th day of April, 1967, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and CELIA A. SELIGSON and RAY J. HALPENNY, doing business as C&M ENTERPRISES, hereinafter called "Developers"; W I T N E S S E T H: WHEREAS, CELIA A. SELIGSON and RAY J. HALPENNY, doing business as C&M ENTERPRISES, are the developers of certain property located at 670 "F" Street, and WHEREAS, the sewer service available to said property is located in Woodlawn Avenue and unless the sewer main is extended in "F" Street the full development of said property will be restricted and WHEREAS, the City desires to extend the sewer main along "F" Street in-order to provide adequate service for all of the properties fronting on "F" Street, and WHEREAS, the Developers are presently constructing a forty- four unit apartment building on the property located at 670 "F" Street, which will require sewer service in the immediate future, and WHEREAS, City and Developers agree that the sewer main in "F" Street should be extended along the 274 foot frontage of said property. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, as follows: 1. Developers, doing business as C&M Enterprises, hereby agree to pay one-half of the cost attributable to their frontage for the extension of the sewer main from Woodlawn Avenue in "F" Street along the frontage of their property. 2. The City of Chula Vista agrees to construct said sewer main extension in "F" Street at the present time, and to pay one-half of the cost;., based upon an estimated construction cost of $5,000.00. 3. Developers agree to deposit the sum of $2,500.00 con- current with the execution of this agreement as payment for one- half the cost of said sewer line and further agree that in the event the actual cost of construction exceeds the sum of $5,000.00, they will pay their proportionate one-half share of the amount in excess of $5,000.00 as indicated by said actual cost of construction. City agrees to refund one-half of any portion of actual construction costs less than $5,000.00. 4. City agrees to proceed with negotiating bids for said construction and to complete construction providing sewer service for said property on or before June 30, 1967. IN WITNESS WHEREOF the parties hereto have set their hands the day and the year first hereinabove set forth. TH Y OF CHULA VISTA LOPER,_C&M EN ERPRISES May ~ Ce is A. Seligson Approved as to form y, y`~ ~ a Halp nny George D. Lindberg, City Attorney -1- ~-~3~z