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HomeMy WebLinkAboutReso 1958-2042 2• • C t 4 4 RESOLUTION NO. 2042 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACT BETWEEN Hoyt S . Pardee of California, Inc. A CORPORATION, AND THE CITY OF CHULA VISTA PROVIDING FOR REIMBURSEMENT FOR A PORTION OF THE COSTS OF INSTALLATION OF CERTAIN FACILITIES THE CITY COUNCIL OF THE- CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement between Hoyt S. Pardee of Calif. Inc. and the CITY OF CHULA VISTA, dated ;a. E, L _ , 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. _ 4 • ' A " ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th Day of April, 1958 by the following vote, ;to-wit: AYES: COUNCILMEN Rader, Smith, DeGraaf,Menzel,DeWolfe NAVES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor�o le a y o hula Vis a ATTEST: ty Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk • CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF CHULA ' lSTA • PROVIDING fOR REIMBURS EMENT TO SUBDIVIDER Of . . PARDE:E«PKI l L€'f S WIT NO r l ; FORA PORTION OF THE COSTS OF INS'TA1i.ATION Of CERTAIN SEVER FACILITIES • THIS •AGREEMENT'made and entered into this $th day of April 1958, by and between Hoyt SL Pardee of Cal jfotnia . a Corporations heretnaf't'tr referred' "to as 'Smbdivide.ru, and the CITY Of CHULA VISTAS California,. a rnnraicipai corporations hereinafter re. • Tarred to as " i ty°; • W I T N E S S E T H i4A5 R .. •: r Hoist S. Pnr4e¢ of California, incorporated, Subdivides, has created a subdivision of land fin the City of Chula Vista, known as Pardee . ,tulips. Llnt't, rio. if end,, VIIMAS, it is not possible to use septic tanks or cesspools in connectHOn with the development of said subdivision and It is neces . • sary that sewers be instalte4 by setd Subdivider; and* • • AREAS, it has been determined that the reasonable cost of install- . ation of the trunk sewer system hereinafter described Is the sum of $, 3,85940; and WHEREAS, It appears that such sewer trunk line on Hititop Orive and West_ to Shasta Street can be or will be used in the disposal of ". sewage from properties not within the aforesaid Pardee—Phiifi_ps ' ' Unit No, It NOW, THEREFORE, it is mutually agreed as follows: • fIRTs• That the City shall permit the Subdivider to install • sewer trunk lines In the streets of Chula Vista, California, In the streets known as Hilltop and on Private Property to Shasta Street . • and as more particularly se-4 forth' on thet, c,ert'a-in snap on ftte.-in the office of the City Ettettreer of • th'e Wt#.-o-f•"Chula Vista and signed by • • Subdivider and a duly authorized representative of the City5 subject to terms and conditions herein contained, • SECOND: That the entire installation cost of the aforesaid de- scribed sewer trunk lines as set forth on said reap shall be at the sole expense ,of Subdivider*- TH IRIt - Mat the Subdivider agrees to Install said sewer lines • . In accordance with all rules, regulations and ordinances of the City of Chute Vista,. .and all laws of the County of San Diego and of the State •of Calffornia� foURTHt That upon the completion of the said sewer trunk lines and approval thereof by the Sngineer of City and acceptance by the City, atC right and title to said sewer trunk..lines shaft immediately vest in said City without any claiatt or demand from any person whatsoever, except as in-this agreement provided. :•:, fflxt That upon completion, approval dad acceptance as afore- ; said, the City agrees fo reimburse Subdivider for a portion of the said • installation cost of the surer trunk line subject to the fo4tdwingt • • . . . tat That said reimbursement shalt be the actual cost o'#• corn- . . struction of said sewer trunk lines, and that no•twi thst.etiding anything to the contrary herein contained, the tole# amount • reimbtirsed to Subdivider shall not exceed $31559,2( lbl rhaf saki reimbursement, if any, shalt ,be only 'rhea, as,, and if the same is collected from persons owning real property not within Pard.eewPhtllkps Unit #t and who set-natty use the said sewer trunkiines installed by Subdivider under this agreement; lei That weld sewer charge to be made to any person owning, occupying or using real property not within said subdivlston of Subdivider and who use said sewer trunk lines, and which is the subject•of reimbursement to Subdivider, shalt be the sum of $3.015 per front foot on 1240, feet on Lot t21 aril $3015 per front • foot on 40 feet. on tot 28 said tots between. Hi.ti.to. .Driye and Vest end :of Shasta Street-,$- pr vided further,- that the City shall not be liable for any failure or for any legal inability to • make such collection. -2- • • (di , That in addition to the charge set forth to (c1 above, • . the City may also collect from persons outside said subdivision and, who use sa€d• sewer trunk lines, a sewer connection fee and permit in a sum as determined by Ordinance Number 158 of the .City of. Chula Vista or as it may thereafter be amended; that this sum shalt be retained. by said City and shat-, not be subject to any claim or demand of Subdivider nor- sbat1 it be• used in the compute•- tlon of any sums reimburseable to Subdiv ider: r • tT iS FULLY UNDEISTOQD Ri4D AGRU.D, that the amounts collected under subdivisions tc) and dt. as l.n th trs paragraph provided shall •• ip no event exceed the total amount collectible by the City of , Chula Vista under the provisions of Ordinances #158 and #405 or any Ordinances adopted iry' f 1-eu thereof,. lei That in the event it, is not legally possible oy is °rmissibie to make said relmburseatents a* herein provided:,, then the City . shall have no liability to Subdivider and Subdiv3,der. hereby spec.* Meetly agrees to make no demen-d or claim whatsoever against City for the said sewer trunk lines or for any money collected by City from persons living without said $ubdtvision of Subdivider and- who use said sewer trunk ilaesi the Subdivider hereby further- expressly grants to the City the right and permission to make oannectlons to raid' sewer trunk lines and charge such persons the:reford • ' S#XTIfs That notwithstanding anything to the contrary, the Sub-. . d#viler agrees to hold the City, its agents, officers and officials free and harmless from any and all claims or demands arising from, out of, - or through the installation of the herein described sewer s_ycstcm, StVENTI-is That all such collections made hereunder for -the benefit • • • of Subdivider shall, after City deducts any costs of collection, be paid forthwith by the City Treasurer of Ctt,y to said Subdivider,. his Success- ors or assigns, if, after the expiration of two (21 years, the where- abouts of the Subdivider, his successors or assigns, is unknown to the • said City Treasurer and no demand is made therefor, all sums so _3_ • • • • collected and deposited to the credit of such person shall be depos- ited in the Capital outlay Band. of City and all rights thereto of such perS004 shall immediately •terminat•e That after Srsbdtvider has been fullyr ire,imbursed as herein provided, all future collections made by City for' co'nnections to said sewer trunk system texciusive of sewer connection fee and- permit feet shall belong for and be deposited in the Capital Outlay fund of seW C;lty. In furtherance of the •provisions •• of this agreement, Subdivider agrees with City to keep on file with the • • City Treasurer his dorrect mailing address. Eli;t1THS That no charge made or collected hereunder shalt bear i n tares Nil s That City -shall in no case be liable In damages or other.. wise. to Stubdivi'der for failure, negleet or inability for any reason to collect any charges herein menti-onedtor •to reimburse Subdivider as herein provided-or foe errors in the .proportionate disbursement thereof. T€NTH; That five (Si years after the date of this agreement. any right to #eirnbursetnent .cif Subdivider shaft cease* and any and ail charges thereafter made shall belong- to C4fy and shalt be collected seu y, i(e. .. . . . and deposited in the .. tai- n t t` Y Fond of #ty„. DATED this 8th day of ' April 4158, - HOYT S. PARDEE OF CALIFORNIA, INC. • -- $YIu- '1 7, .� - ,. _ 411• f / `Pres ;en 524 5-56(Corporation) .. . STATE OF CALIFORNIA COUNTY OF Secretary • On__Aiwa r v58 _ _ • • before me,the undersigned,a Notary Pubblic•in and for said County and • • State, personally appeared- _ ` _ i S TR known to me to be the ?rice President,and PaRar • : . known to me to be Secretary of the Corporation that executed the within Instrument,known to me to be By • the persons who executed the within Instrument on behalf of the Corpora- • on therein named,and acknowledged to me that such Corporation exe- cuted the within Instrument pursuant to its by-laws or a resolution of its • board of directors. • WITNESS my;land and . se$1 0 (Seal) / Notary Public in and for said County and State My Commission Expires March 25 19.