HomeMy WebLinkAboutReso 1958-2043 • ,•
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RESOLUTION NO. 2043
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CONTRACT BETWEEN HOYT S . PARDEE OF CALIFORNIA, INC. ,
A CORPORATION, AND T"HE 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 EQyt S. Pardee of Calif. Inc.
and the CITY OF CHULA VISTA, dated ,
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.
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
NAY^S: COUNCILMEN None
ABSENT: COUNCILMEN None
Mayor of the Ci Chula ista
>: 4
- t ATTEST:
'ty Clerk a.
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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been amended or repealed.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
p sR
• t
te
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
(S) Peter DeGraaf
Mayor of the City of- Chula Vista
ATTEST: (S) Kenneth P. Campbell
City CIerk
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been amended or repealed.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:
qty
Cify Clerk
h`s
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• CONTRACT T Bt SEEN St76t�tViDER AND THE. CITY OF CHULA VISTA
PROVIDING FOR REIMBURSEMENT TO SUBDIVIDER OF
PARL wPHI LL t,PS,, UNIT NO. 1
FOR A PORTION OF THE COSTS OF INSTALLATION OF CERTAIN "
SEWER FACILITIES •
THIS AGREEMENT made and entered into this 8tp day of _ Apr;l s
1958, by ands between Hoyt S. Pardee of galIfbrnIe, Inc.,, a Corporation,
hereinafter referred to as nSubdiv,idern, and the CITY OF CHULA VISTA,
California, a municipal corporation, hereinafter referred to as °City";
'WI TNESS E TH
WHEREAS, Hoyt S. Pardee of California, Inc., Subdivider, has
created a subdivision of land In the City of Chute Vista, known as
J ,
• Pardetv.Phiflips Unit #l; and,
WHEREAS, It IS not possible to use septic tanks or cesspools in
connection with the development of said subdivision and it Is necessary
• that sewers be installed by said Subdivider; and:
WHEREAS, it has been determined that the reasonable cost of install-
a"flon of the trunk sewer system hereinafter described is fhe. sum of
$400.00' ; and
WHEREAS, i t appears ppears that such sewer trunk line from Center of
Whiffler fa the ,South between Lots ti end 12 to the South boundary of
said subdivision can be,,or will be usedrin the disposal of sewage from
properties not within the aforesaid Pardee-Phltllps Unit #ls
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NOW, THEREFORE, it is mutually agreed as .fotlOwst
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FIRST; That the City shalt permit the Subdivider to install sewer
trunk l i n e s I n the streets known as Whitney and between lots !i and 12
and as more particularly set forth on that certain map on file in the
:.. office of the City Engineer of the City of Chute Vista and signed by
Subdivider and a duly authorized representative of the City, subject
to terms and conditions herein contained.
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SECONDS That the entire installation cost of the aforesaid describ-
ed sewer trunk tines as set forth on said map shalt be at the sole ex—
• .pense of Subdivider.
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THIRD; That the Subdivider agrees to install said sewer lines
in accordance with nil rules, regulations and ordinances of the City
, of Chula Vista, and all laws of the Couaty of San Dlago and of the
State of California.
TOURTHIs That upon the completion 'of the said sewer Trunk lines
and approrat thereof by .the..Engi.n-eer of City and. etceptenee by the City,
all tight 'end title to said sewer trunk lines. shall immediately vest
It satd City without any claim or demand from env person Whatsoever,,
eticept as in this agreem nt, provided.
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MTH: That upon completion, approwel and acceptance as -aforesaid,
the City agrees to reimburse Subdivider for a portion of the said
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installation cost of the sewer trunk line, subject to the followings
tel That said reimbursement shall be the actual 'cost of
construction of sold sewer trunk likes, and that notwithstanding'
anything to the `contrary herein contained, the total amount reim+-
bvrsed: to Subdivider shall not exceed $400.00 �.
tbt That said retmbursemenf, if any,. s-helt-' be Only when, as,
-4nd •tf';:;t-he,° snmw- Is collected from persons owning real Property
net .44Ttrin Pardee,Oh:tittpt Unit #1 end whys ac#ua`iiie uae the said
' sewer trunirflees -Installed by Sebdivider under this agreement;
ic:t That said sewer charge to be made to any pers=on owning,
od. pying or using reel property not within said Subdivision of
. - . . . Subdivider and who first connect to said sewer trunk tines„ ,end
vwht'cf is the subject of reimbursement fo Subdivider, shell be the
. sum of $400,00. •
_; provictad furtherrt that the CTty
shall' not be liable for any failure or for any legal inability to
• m4ke such collection,
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id? That in addition to the charge set forth in tct , above,
••• the City may also calieet - fr'om. persons outside said subdivision
• and who. ese said sewer • trenk 11 nes*., -e sewer- connee lion fee and
perrnit '.irt a sum ar determined by Ordinance Number 158 of the
City of Chula Vista or as tt.may thereafter be amended; that this
suM shalt be retained by said City and shell not 'be- subject to
• any claim' or demand of Subdivider nor -shall it be used in the
comp*tation of any- suds reimburse4bie to Subdivider. •
IT 1S FULLY UNVERSTOOD AND AGREED that the amounts co/leafed
under subdivisions lei and ldt as in this paragraph provided
shall in no event exceed the total amount collectible by the City
of Chula- Vista under the proilstoes,of Ordinances #158 and #405
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• .. or any Ordinances adopted in . lieu thet of. ,
• .. lea That In the event it is net leg4t11.ps tbie or permissible
to Make said reimbursements as herein provided* then the City
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shaft have no l iabI l i tyr to Subdividers-and $ubd .eider hereby
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specificahly agrees to make no demand or claim Wh tts-bever agsinsf
- .. City for' the said sewer trunk- lines or for any money collected•
by City from persons } tying without said Subd'ivi'sion,of :utiAlvi,-
de r• and who use said sewer trunk 14nes; the Subdivider hereby
futth,et expressly grants to the City the right end permission to
make connections to said sewer trust lines and charge such ,per•sons
therefor,
S1f, ;1t That notwithstanding anything to the'contrary, the. SUbdt.l
Oder agrees to hold the City* its agents* Officers and officials
• free and .harmless from any and all claims or demands arising
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from* out of, or through the installation of the herein describ-
ed sewer system.
• SI Vi i!f-ts That all such collection's made hereunder for the benefit
of. Subdivider shall* after City deducts any costs of collection„
be paid forthwith by the City Treasurer of City to said Subdivtd-
err his successors or assigns. if* after the expiration of two t2)
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years, the whereaboute of the Subdivider, his Successors or assigns,
Is unknown to the said City Treasurer and no demand is made therefor,
all sues so collected and deposited to the credit of such person
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shall be deposited in the Capital Outlay Fund of City and all rights
thereto of such persons shall Immediately terminates That after
Subdivider has been fully reimbursed as herein provided, all future
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cottection•s made by City for connections to said sewer trunk system
texclustve of sewer connection fee and permit feet shall belong to,
' . and'be deposited in the Capital Outlay fund of said City. In fur.
•: . . . therance. of the provisions of this agreement, Subdivider agrees with
City to keep on file with the City Treasurer his correct :mailing
address.
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Et That no charge made or collected hereunder shall bear
interest,
Sett that City shall In no case be liable In danteges or other.►
wise to Subdivider for failure, neglect or tnebillty far any reason
to collect any charges herein mentioned or to reimburse Subdivider as
herein provided or for errors In the proportionate disbursement there-
of,
TkTHs That five l5) years after the date of this agreement, any
right to reimbursement of Subdivider shall cease, and any end. all
charges thereafter made shall belong to City and shall be collected
Sewer ire.
and deposited. to the - Fund of City.
• DATED this 8t1 day of . April MO.
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HOYT S". PARDEE OF CALIFORNIA INC.-'
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• 524 5-56(Corporation)
STATE OF CALIFORNIA • ti
COUNTY OF 1' SS. i r
President
' before me,the undersigned,a Notary Public in and for said County and t 411P State, personally appeared.._ - • I rdee f c
known to me to be te ..+
• h President,and - /
Secretary
known to me to be ;* Secretary of
. the Corporation that executed the within Instrument,known to me to be
the persons who executed the within Instrument on behalf of the Corpora-
tion therein named,and acknowledged to me that such Corporation exe-
cuaed the within Instrument pursuant to its by-laws or a resolution of its TY OF CHULA V IS TA
' board of directors./7
Pai'NESS my habfl an o o6ici seal
(Seal) Lin_ui ,
• Notary Public in and for said County and State
• . My Commission Expires March 25, 1961 1