HomeMy WebLinkAboutReso 1949-1025-A RESOLUTION NO. 1025-A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CONTRACT BETWEEN
HOBART HOMES INC. 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 AS FOLLOWS:
` SECTION 1: That certain agreement between HOBART HOMES
INC. , a California Corporation, and the CITY`OF°CHULA VISTA,
dated April 30th, 19J9,- a copy of which 10 attached hereto,
and incorporated herein, the same as though fully set forth
herein, be, and the same is, hereby approved.
SECTION 2: That LORENZ C. KOESTER, Mayor of the City of
Chula Vista, be, and he is hereby, authorized and directed to
execute the same for and upon behalf of the said City.
ADOPTED; SIGNED AND APPROVED this 10th day of May, 1949.
Mayor of the ity of Chult Vista,
alifornia.
ATTEST•
i y Clerk of the City
Chula Vista, California.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, HERBERT V. BRYANT, City Clerk thf the City of Chula
Vista, California, DO HEREBY CERTIFY that the foregoing Resolu-
tion was duly adopted by the City Council of said City and was
approved by the City Council of said City and was approved by
the Mayor of said City at a regular meeting of said Council
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held on the 10th day of May, 1949, and that it was so
adopted by the following votes:
AYES: Councilmen Nashold.Dyson.Kidder,Koester,Riesland
NOES: Councilmen None
ABSENT: Councilmen None
• City Clerk of'' :e/ ity of
Chula Vista, Cal fornia.
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss. •
CITY OF CHULA VISTA) •
I, HERBERT V. BRYANT, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and
aforegoing is a full, true and correct copy of Resolution
No. 425, and that the same has not been amended or repealed.
DATED: May 10th, 1949.
City Clerk of the City 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, HOBART HOMES INC., a California Corporation,
hereinafter sometimes referred to as SUBDIVIDER, intends to
create a subdivision of land in the City of Chula Vista to
• be known as TECUMSEH PARK; 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
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of Chula Vista that sewer laterals be constructed on "In Street''
between the Easterly curb line of Second Avenue, 1220 feet
easterly in the City of Chula Vista; and
Whereas it appears that such sewer laterals can be or
will be used in the disposal of sewage from property not in
said subdivision; and
Whereas on said portion of 'II" Street said subdivider
will install laterals that will or can service 2480 front feet
of real property fronting on said "I" Street of which 1860
lineal front feet are not in said subdivision at a total .qOt
of $3,807427 or a cost of $1.50 per lineal front foot which will
be or can be serviced thereby; and
NOW THEREFORE, WITNESSETH THIS AGREEMENT between the SUB-
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DIVIDER and the City of Chula Vista, SECOND PARTY:
FIRST: In consideration of the installation of sewer later-
- •• alt and other facilities on said portion of "II' Street in the
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City of Chula Vista by SUBDIVIDER at its 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..
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DIVIDER for the cost of said sewer laterals and other facilities
for the beneficial use which can, or will be, obtained by owners
of real property not in the subdivisions in the amount of 02793,28
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in installments, when, as, and if the same is collected from
persons owning real property not in subdivisions of SUBDIVIDER
who actually use the same*
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lateraSIsOaNziD: oThe t hertoratacInicioiset:f the insc9.tallation of said sewer g
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will be 43807*27 which shall be apportioned to all real property
fronting on such facilities which said frontage equals 2480
lineal feet, making the cost per lineal front foot of $1,59 whiC'h.
is hereby declared by SECOND PARTY to be a reasonable charge for
the use of such facilities*
THIRD: Second party agrees to charge to any person owning,
occupying or using real property not in subdivision of SUB.
DIVIDER a connection fee equal to the followingt
Lot One of Quarter SeCtion 122 and Lots
31 and )2 Of Quarter Section 123 of ChillA
Vista, according tO Map No 505 on file
in the County Recorders Office of San
Diego County, California 50 per
lineal front foot,
in addition to any other fees required by law or Ordinance to
be paid to the Said City for the privilege of connecting on to .
or using such laterals or other facilities at the time of such
connection; but SECOND PARTY shall not be liable for any failure
to make such collection*
FOURTH: That all such collections made hereunder shall
after SECOND PARTY deducts any costs of collection, shall be
paid forthwith by the City Treasurer to the said SUBDIVIDER, its
successor,or assigns* If after the expiration of Two (2) years
the whereabouts of the officers of said SUBDIVIDER or its
successor or assigns, is unknown to: said City Treasurer, and
no demand is made therefor, all sums so collected and deposited
to the credit of such person shall be deposited in the sewer
fund of SECOND PARTY, and all rights thereto of such persons
shall terminate#
In furtherance of the provisions of this agreement SUBDIVIDER,
and each of themi agree with SECOND PARTY to keep on file with
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the City Treasurer his correct mailing address*
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FIFTHS No charge made or collected hereunder shall bear
interest* .
SIXTH: SECOND PARTY shall in no case be liable in damages
or otherwise to SUBDIVER for failure, neglect, or inability
for any reason to collect any charges herein mentioned or to
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reimburse SUBDIVIDER as herein provided or for errors ix the
proportionate disbursement thereof.
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' SEVENTH: Five (5) years after the 'date of this agreement
• any right to reimbursement of SUBDIVIDER shall ceaSet 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 general fund of SECOND PARTY*
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WTEfl April 39l949.
HOBART BM', INC*
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T ;;' PresIdent
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by kn..5,/ , •
ecretary
SUBDIVIDER
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CITY 2 ULA VISTA
biz
Mayor
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SECOND PARTY
. • ATT ,t D TO:
diply- •
CIty Clerk of dry or
Chula Vista,- California*
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