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HomeMy WebLinkAboutReso 1990-15450RESOLUTION NO. 15450 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE DEVELOPMENT AGREEMENT TO PROVIDE PUMP STATION SERVICE TO EASTLAKE GREENS CVT 88-3, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in conjunction with the development of EastLake Greens, sewer pump stations will be required on an interim basis, and WHEREAS, this proposed agreement will provide for the maintenance and operation of the temporary pump stations and provide for payment to remove the pump stations and connect to a gravity system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and EASTLAKE DEVELOPMENT COMPANY, to provide pump station service to EastLake Greens CVT 88-3, dated the 9th day of January, 1990, 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 the City of Chula Vista. Presented by J n P. L/i'p/pi~ ~of Public Works Approved aS to form by . o "~ ~'' '~C/~ty Atto~ne Th Resolution No. 15450 Pa9e 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of January, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None G . Cox, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15450 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 9th day of January, 1990. Executed this 9th day of January, 1990. Resolution No. 15450 Page 3 AGRE~ TO PROVIDE FOR SEWF/{ PUMP STATION MAINTENANCE AND OPERATION TO ~ EASTLAKE GI{EENS TF-NTATI~'E N3tP 88-3 OF THE CITY OF CHULA VISTA This Agreement is made and entered into this day 9th of January 1990 , ~g~ by and between the CITY OF CHULA VISTA ("City") and EASTLAKE DEVELOPMENT COMPANY ("Owner"), a California general partnership. RECITALS WHEREAS, the City of Chula Vista provides sewer service within the City of Chula Vista pursuant to the laws of the State of C__alifornia, (health and safety code 5471), its ordinances, and ~solutions; and WHEREAS, Owner owns real property Chula Vista, with an approved Tentative "Property"); and WHEREAS, City, located within the City of Map 88-3 (hereinafter the in approving said Tentative Map, required under condition 32.b that Owner provide for maintenance and operation of the temporary pump stations providing sewer service to the Property; and WHEREAS, Owner and City agree and desire to provide for maintenance and operation of such sewer pump stations and eventual connection of the property to a 'permanent gravity-flow system by the establishment of a special sewer service rate zones; 12/29/89 Re~ol~tion '15450 Page 4 NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. PUrDose. The purpose of this agreement is solely to provide for the establishment of a special sewer service zone to provide for maintenance and operation of temporary sewer pump stations and for connection to permanent gravity lines.- Special sewer service as described herein shall mean maintenance and operation of the sewer pump stations and replacement of said pump stations with a connection to a future adjacent gravity sanitary sewer system. 2. Area To Be Protected And Term Of Aqreement. a. Term. This contract shall commence on the date first above written and shall continue so long as temporary sewer pump stations remain in operation, plus the period required, if a3~y, pursuant to paragraph 3 (c) hereof. b. Area. The Property to be served pursuant to this agreement is the area defined by the City of Chula Vista tentative Map 88-3 (EastLake Greens tentative map) approved July 25, 1989. A service rate zone will be established for all areas within The Greens tentative map area being serviced by a sewer pump station. station service rate zones will be established prior to building permits for facilities served by the Property served by each sewer pump station "users") Sewer pump issuance of sewer pump stations. (herein after called will be included in each sewer pump station's service rate 2 12/29/89 Resolution 15450 Page 5 units (EDU's) pump station. the EDU's for map area. zone. It is agreed that the users within a sewer pump station servic~i Le zone will share the costs outlined in paragraph 3 below. Each user's proportionate share of the maintenance cost shall be determined'"' 0n the basis of the ratio of the number of user's equivalent dwelling as they bear to the total number of EDU's served by the Exhibit I establishes the basis-to be used to determine each type user anticipated within the Green's tentative Any additional lots or increased density which may be obtained within the zone through a re-subdivision of the property or future subdivision by future property owners shall necessitate payment on a equivalent dwelling unit (EDU) basis to City from Owner under the same terms and conditions as applied to EDU's under this agreement. 3. Services, Rates, Fees, and Assessments. a. The Property will be provided with full sewer services offered by City upon condition that Owner and Owner's successors and assigns abide by all the rules and regulations of City regularly imposed upon customers of~ City and also those obligations imposed under this agreement and the ordinances of the City adopted pursuant to this agreement. b. Fees for operation and maintenance sewer pump stations serving the property shall be provided by City ordinance and in of the temporary set by City as accordance with state law, not more 3 12/29/89 Resolution 15450 Page 6 frequently bills sent the maintenance and operation monthly as an addition to the the Property owner (users). c. Such fees for exceed the actual operation than annually and set forth on the regular to customers within the service rate zones. sewer service Collectio f fees adopted by the City will occur. regular monthly sewer charges sent to operation and maintenance shall not and maintenance costs directly attributable to operation and maintenance of each sewer pump station. Any deficit or excess resulting from a difference between the estimated costs and actual costs shall be corrected by adjustments in the rates charged to the Property owners during the succeeding year. Such fees shall include power and water costs for operation and maintenance of the sewer pump stations and ongoing costs associated with providing emergency alarms. In addition, the actual cost of bypassing or removing temporary sewer pump station and connecting the collection system within the Property to an adjacent permanent gravity-flow main shall be paid from the fees to be collected; provided that any cost for such work shall not raise the fees~established during the last full year of operation of the sewer pump station. If additional funds are needed for such work the fees may be collected until such time as sufficient funds have been collected to pay for such connection. This agreement shall terminate at such time as adequate fees have been collected to pay for the connection to the gravity system and fees for the sewer pump station zone have been discontinued. 12/29/89 Resolution No. 15450 Page 7 4. Notices. ~der the terms of receipt from the U.S. acceptance by a representative of the which was posted "Certified - Return for any such notices shall be: For the City of Chula Vista: For Owner: Notices which may be required or permitted this agreement shall be considered given upon Postal Service of a "Return Receipt" showing "receiving" party of the notice Receipt Requested". Addresses City Engineer City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 President EastLake Development Co. 900 Lane Avenue, Suite 100 Chula Vista, CA 92013 5. Entire Aqreement. This agreement contains the whole contract between the parties. This agreement integrates all the terms and conditions mentioned herein or incidental hereto and supercedes all negotiations or previous agreements between the parties. Any modifications of the terms of this agreement must be made with the mutual consent of both parties. 6. Successors. This agreement parties and all successors in interest of shall be binding upon the the property defined herein within five (5) days of receipt by Owner of a duly signed and acknowledged original. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. 5 12/29/89 Resolution No. 15450 Page 8 7. Recordation. within five (5) days of acknowledged original. This agreement shall be receipt by Owner of a recorded by Owner duly signed ,d Date: EASTLAKE DEVELOPMENT COMP~LNY Date: January 9, 1990 THE CITY OF CHULA VISTA By: 6 12/29/89 Resolution No. 15450 Page 9 EXHIBIT 1 EASTLAKE GREENS LIFT STATION USER SUMMARY LAND USE CATEGORY Single Family Detached Single Family Attached EDU/UNIT 1.0 0.75 Golf Course Club House Grounds Quasi-Public Public Park ..~gh School 2400 students Elementary School - 800 students GPD/ACRE EDU/ACRE 2500 8.93 1500 5.36 1500 5.36 GAL/STU-DAY EDU/SCHOOL 20 171.42 15 42.86 NOTE: For purposes of calculating EDU's, 280 gallons per day per standard dwelling unit was used. 12/29/89 7