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RESOLUTION NO 1118
' RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CONTRACT BETWEEN
L. T. BREWER AND FRANK MAGGIORA AND THE CITY
OF CHULA VISTA PROVIDING FOR REIMBURSEMENT FOR
A PORTION OF THE COSTS OF INSTALLATION OF
CERTAIN LATERALS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY
RESOLVE ,A S FOLLOWS:
SECTION 1. That certain agreement between L. T. BREWER
and FRANK MAGGIORA, and the City of Chula Vista, dated April
12th, 1950, 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, SIGNED AND APPROVED this ,12th day of April, 1950.
•
Mayor of the Ci ►P' of Chula ista,
' Califo ' ia'.
ATTES :
fry L!��. _ -
City Clerk of t'�� ity_ of='
Chula Vista, , Cali'fo'rnia,. : %E. '
Passed and adopted 'by the said Council of the said City
of Chula Vista, California, this 12th day of April, 1950, by
the following vote, to-wit : ;
AYES: Councilmen' Nashold,-D3rson1 Kidder, Koester, Riesland.'
NOES: Councilmen- None.
ABSENT: Councilmen None.
City- Clerk of the i i of Chula Vista,
California.
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CONTRACT BETWEEN SUBDIVIDER AND THE CITY
OF CHULA VISTA PROVIDING FOR REIMBURSEMENT
TO SUBDIVIDER FOR A PORTION OF THE COSTS
• OF INSTALLATION OF CERTAIN SEWER LATERALS
Whereas, L. T. BREWER and FRANK MAGGIORA, hereinafter
sometimes referred to as SUBDIVIDER, intend to create a sub-
division of land in the City of Chula Vista to be known as
LA PLAYA VISTA ANNEX; and
• Whereas an Ordinance of the City of Chula Vista requires
subdividers to install sewers; and
Whereas it is the opinion of the City Council of the City
of Chula Vista that a sewer lateral should be constructed in
•
• :. that certain alley located between H Street and Otis Street;
said sewer lateral to extend from the center line of Smith
Avenue to a point 33 feet Westerly of the East line of National •
Avenue in the City of Chula Vista; and
Whereas it appears that such sewer lateral can be, or will
be, used in the disposal of sewage from property not in said
subdivision; and •
•
Whereas in said portion of said alley said subdivider will
install a lateral that will or can service 1160 lineal front feet
• • of real property not in said subdivision at a cost to subdivider
of 1$60.00 or a cost of $1.5$ per lineal foot of real property
which will be or can be serviced thereby;
NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB-
DIVIDER and the City of Chula Vista, SECOND PARTY:
FIRST: In consideration of the installation of a sewer
• lateral and other facilities in said 'portion of said alley in
•
the City of Chula Vista by SUBDIVIDER at their own expense and
in accord with all rules, regulations and ordinances of the said
City of Chula Vista, SECOND PARTY does agree to reimburse SUB-
. . DIVIDER for the cost of said sewer lateral and other facilities
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COCO-ot �
for the beneficial use which can, or will, be obtained by
owners of real property not in the subdivisions in the amount
of 1$60.00 in installments, when, as, and if, the same are
collected from persons owning real property not in the sub-
division who actually use the same.
SECOND: The total cost of the installation of said sewer
lateral and other facilities in said portion of said alley will
be 1$60.00, which when apportioned to 1160 lineal feet of real
property abutting on such lateral, results in a cost per lineal
foot of $1.5$. Said sum of $1.5$ per lineal foot is hereby
declared by SECOND PARTY to be a reasonable charge for the use
of such facilities.
THIRD: Second party agrees to pay to Subdivider the sum
of $1.5$ per lineal front foot of real property connecting to
• such sewer lateral from the additional connection fee which may
be collected by Second Party pursuant to the provisions of
Sections 1 and 2 of Ordinance No. 405 of the City of Chula Vista.
The real property not in said subdivision affected by this con-
tract is described as follows:
Lots 1 to 22, inclusive of Block D of La Playa
Vista tEm2x, a subdivision in the City of Chula
Vista, according to the map thereof No. 1626,
on file in the office of the County Recorder of
• • San Diego County --- •-- w$1.58 per •
lineal front foot,.
Second Party shall not be liable for any failure to make
such collection pursuant to said ordinance. •
FOURTH: That all such collections made hereunder after
Second Party deducts any costs of collection shall be paid forth-
with by the Finance Officer to the said Subdivider, their successors
or assigns: If after the expiration of Two (2) years the where-
.
• abouts of the said Subdivider or their successors or assigns,
are unknown to said Finance Officer, and no demand is made there-
• • for, all sums so collected and deposited to the credit of such
person shall be deposited in the sewer fund of Second Party,
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and all rights thereto of such persons shall terminate.
In furtherance of the provisions of this agreement Sub-
.
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• • • Divider, and each of them, agree with Second Party to keep on
file with the Finance Officer his correct mailing address.
FIFTH: No charge made or collected hereunder shall bear
interest.
SIXTH: Second Party shall in no case be -liable in damages
or at law 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.
SEVENTH: Five (5) years after the date of this agreement
any right to reimbursement of Subdivider shall cease, and any
.: and all charges thereafter at the above mentioned sums per
lineal front foot made hereunder shall belong to Second Party
and shall be collected and deposited in the sewer fund of Second
Party.
DATED: April l2th,1950. •
(Cf o% (/
CITY OF CHULA VISTA
By %
Mayor
•
Second Party
ATTESTED TO:'
Age
C'ty Clerk o e 'ty of
Chula Vista, Cal' ornia.
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