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HomeMy WebLinkAboutReso 1956-1894 RESOLUTION NO. 1894 STAFFORD -GARDNER, INC. E: J i `` 1. $ESOLUTION NQ 184 : -x `°hR ` f • • FLU QN OF THE` OIT QOUNCIL OF THE CITY OF CHULA-. « . ` P OV CONTRACT BETaEN STAFFORD-O;IRDNER) • • INGI A,C©1 PORNTIQN , AND THE..CITY' O zCifHyiA:VI,B: Y , - 4 . P tO N( FP: • IN UJR3EMkNT.FOR A. PORTION OF 'lt : a . . a CO ` '° '' $NS �1 TION OF C TAIN F x s' • • ` . THE GI TYQOUWCII OF .THE CITY- OF CHIA'VISTA DOES RESOLVE �S Z?FOLLQ S •• • h , • That 'certain ag ee Gent' between STAFFORD-GJiRDN�R, INC.; and•• the OITY OF CHULA V TA,"dated'September 11, ,1956,-a a'copy of which is ; F° attElched hereto, arid`incorpprated herein, the same as thong*h fully. set forth'herein,: be,.and th,e•same, is >Nereby, pproved . . ■ ■ ■ • • • • • • • v • ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thism 11th Day of September, 1956 by the following vote, Ito-wit: AYES: COUNCILMEN Rader, Smith,DeGraaf, Dillon,DeWolfe NAYS: COUNCILMEN None ABSENT: COUNCILMEN None yor o e o u its a Y . ° - -_ ,Teat e, _ // � ity C._e ,. / STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. C I TY 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 NT THE CITY OF CHULA VISTA PROVIDING FOR REIMBURSE`-E''T TO SUBDIVIDER OF KENWOOD VILLAGE # 5 FOR A PORTION OF THE COSTS OF INSTALLATION • CERTAIN SEWER FACILITIES THIS AGREEMENT made and entered into this 11 day of Septenmber, • 1956, by and between STAFFORD—GARDNER, INC., A Corporation, hereinafter referred to as "Subdivider", and the CITY OF CHUL_A VISTA, California, a municipal corporation, hereinafter referred to as "City"; W I T N E S S E T H• • • WHEREAS, STAFFORD—GARDNE, INC. Subdivider, has created a sub— • division of land in the City of Chula Vista, known as KENWOOD VILLAGE 5; 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 • installation of the trunk sewer system hereinafter described is the • • sum of $ 6,757.00; and, • WHEREAS, it appears that such sewer trunk line on Broadway 1 and on Sierra Way can be or will be used in the disposal of sewage from properties not within the aforesaid Kenwood Village # 5; NOW, THEREFORE, it is mutually agreed as follows: FIRST: That the City shall permit the Subdivider to install sewer trunk lines in the streets of Chula Vista, California, in the streets known as Broadway and Sierra Way and as more particularly set forth on • • that certain map on file in the office of the City Engineer of the City • • of Chula Vista, and signed by Subdivider and a duly authorized represent— • ativs of the• City, subject to terms and conditions herein contained. StCOND: That tre entire installation cost of the aforesaid des- cribed sewer trunk lines as set forth on said map shall be at the sole expense of Subdivider. THIRD: That the Subdivider agrees to install said sewer lines in accordance with all rules, regulations and ordinances of the City of Chula Vista, and all laws of the County of San Diego and of the State of California. : :. : .. . C - O31 _ 1 _ /g��( FOURTH: That upon the completion of the said sever trunk lines • and approval thereof by the Engineer of City and acceptance by the City, all right and title to said sewer trunk lines shall immediately vest in said City without any claim or demand from any person whatsoever, except as in this agreement provided. FIFTH: That upon completion, approval and acceptance as afore- • said, the City agrees to reimburse Subdivider for a portion of the said installation cost of the sewer trunk line subject to the following: (a) That said reimbursement shall be the actual cost of construction of said sewer trunk lines, and that notwith» standing anything to the contrary herein contained, the total amount reimbursed to Subdivider shall not exceed $3,752.40. (b) That said reimbursement, if any, shall be only when as, and if the same is collected from persons•atning real prop-• erty not within Kenwood Village #5 and who actually use the said • sewer trunk lines installed by Subdivider under this agreement; (c) That said sewer charge to be made to any person yawning, occupying or using real property not within said subdivision of Subdivider and who use said sewer trunk lines, and which is the subject of reimbursement to Subdivider, shall be the sum of $2.12 • per foot on 620 feet on the Easterly side of Broadway; and the sum of $2.12 per front foot on 1150 feet on the Northerly side • of Sierra Way; provided further, that the City shall not be liable for any failure or for any legal inability to make such collection. (d) That in addition to the charge set forth in (c) above, the City may also collect from persons outside said subdivision • and who use said 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 aminded; that this sum shall be retained by said City and shall not be subject to any • • claim or demand of Subdivider nor shall it be used in the computa- • tion of any sums reimburseable to Subdivider. IT IS FULLY UNDERSTOOD AND AGREED that the amounts collected under subdivisions (c) and (d) as in this paragraph provided shall 2 • in no event exceed the total amount collectible by the City of 'Chula Vista under the provisions of Ordinances # 158 and # 405 • or any Ordinance adopted in lieu thereof. (e) That in the event it is not legally possible or permis- sible to make said reimbursements as herein provided, then the City shall have no .liability to Subdivider and Subdivider hereby speci-•. fically agrees to make no demand or claim whatsoever against City for" the said sewer trunk lines or for any money collected by City from persons living without said Subdivision of Subdivider and who use said sewer trunk lines; the Subdivider hereby further expressly • . .. grants to City the right and permission to make connections to said • sewer trunk lines and charge such persons therefor. SIXTH: That notwithstanking anything to the contrary, the Sub- divider 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 system. SEVENTH: 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 City to said Subdivider, his successors or assigns. If, after the expiration of two (2) years, the whereabouts of • the Subdivider, his successors or assigns, is unknown to said City Treasur- er and no demand is made therefore, all sums so collected and deposited to the credit of such person shall be deposited in the Capital Outlay Fund of City and all rights thereto of such persons shall immediately terminate. That after Subdivider has been fully reimbursed as herein provided, all . • future collections made-by City for connections to said sewer trunk • tem (exclusive of sewer connection fee and permit fee) shall belong to, and be deposited in the Capital Outlay Fund of said City, In furtherance of the provisions of this agreement, Subdivider agrees with City to keep on file with the City Treasurer his correct mailing address. • EIGHTH: That no charge made or collected hereunder shall bear in- terest. NINTH: That City shall in no case be liable in damages or otherwise • to Subdivider for failure, neglect or inability for any reason to collect • • • any charges herein mentioned or to reimburse Subdivider as herein provided or for errors in the proportionate disbursement thereof. TENTH: That five (5) years after the date of this agreement, any right to reimbursement of Subdivider shall cease, and any and all charges thereafter made shall belong to City and shall be collected and deposited in the Capital Outlay Ftuid of City. DATED this 11th day of ,Sept.e.mbery 1956 STAFFORD—GARDNER, INC. _►_ .A John W. Gainer, Jr., Pres/ By ,'-"`C w i l Fred W. Staffor.1 i•ecretary CITY OF CHULA ti Mayo • • • _ 4 —