HomeMy WebLinkAboutReso 1947-791 RESOLUTION NO. 791
RESOLUTION AUTHORIZING•TERIINATION OF SsWM
SLUDGE SALE AGREEMENT
The City Council of°the City of Chula Vista,.
does hereby RESOLVE as follows:
That that certain Agreement Terminating that
certain agreement between the City of Chula Vista
and CARL F. RASMUSSEN, dated August 12th, 194a re-
lating to the purchase and sale of sewer sludge, a
copy of which is attached hereto marked Exhibit "A",
be, and the same is hereby approved, and the mayor is
hereby Inptructed to execute the same on behalf of the
City of Chula Vista.
ADOPTED, SIGNED AND APPROVED this llthday of
March„ 1947.
Mayor •.k....4144,00 of- the City
of Chula Vista, Califania .
ATTEST:•
y Cler of OIMMr' - of
Chula Vista, California
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
CITY OF CHULA VISTA )
I, HERBERT T. BRYANT, City Clerk of the City of
Chula Vista, California, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted by the City
Council of the said city and was. approved by the Mayor
of said city at a regular meeting of said Council held
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on the WW1 day of March, 1947, and that it was so
adopted by the follwv ing votes:
AYES: COUNCILMKU Koester, Dyson, Kidder, Riesland
NOES: COUNCITM} N None
ABSENT { COUNCILMEN" Nashold
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Allow
_..11K.01100010'
ty lerk of. the •
Chula Vista, :Ca.1 ifornia
STATE OF CALIFORNIA )
COUNTY' OF SAN DIEGO ) ss
CITY OF CI ULA 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. 791 , and that the same has note
been amended or repealed.
DATED: March llth j,, 1947.
City Clerk of the City' of
Chula Vista,` ,Califania.
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APPENDIX "A"
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. • AGREEMENT TERMINATING CONTRACT
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2t is hereby mutually agreed between tzia patios
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• - to that certain agreement between the City of Chula
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Water* a muutcipal corporation*, and 4=1 ri• Rasmussen*
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::•••••• :. . . dated August 12th* 1946 relating to the purchase and
sale of sewer sludge that the same 10 terminated and
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surrendered as of Maroh. . nth 2947
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Dated at Chola Vista* California* this. llth dAv
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or march, X1474
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City of Chula Vista
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" Ruyer
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in -cos-
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A G R E E M E N T
THIS AGREEMENT made and entered into this 12th
day of August, 1946, be and between the City of Chula Vista, a
municipal corporation, hereinafter referred to as "Seller", and
Carl F. Rasmussem, hereinafter referred to as "Buyer",
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WITNESSETH:
Seller agrees to sell, and Buyer agrees to buy all
sewer sludge resulting from the operation of the City of Chula Vista
Sewerage Disposal Plant, located in the City of Chula Vista, for
the price and upon the terms and conditions hereinafter stated.
1. The term of this contract shall commence upon the
12th day of August, 1946 and shall end upon the 12th day of August,
1947, unless sooner terminated as herein provided. If Buyer be
not in default in any of the terms and conditions of this agreement
at the expiration of the term hereof, he shall have the option to
extend the term of this agreement for one (1) additional.year
upon the same terms and conditions. Notice of Buyer' s election
to exercise said option shall be by giving to Seller written
notice of his intention so to exercise said option at least
thirty (30) days prior to August 12, 1947.
2. Buyer shall pay to Seller the sum'of Five Dollars
($5.00) per ton for said sewer sludge: Buyer will cause all of
said sewer sludge to be weighed upon certified public scales and
shall submit weight certificates to Seller monthly' on the first
day of each. and every month during the term hereof. Payment shall
be made to Seller upon the first day of each and every month of
the term hereof for all sewer sludge removed by Buyer from the
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City of Chula Vista Sewerage Disposal Plant during the preceding
month. Seller shall have the right at any time during the term
hereof to examine all books of account kept by Buyer in connection
with this agreement.
3. Buyer shall remove at his own expense all said sewer
sludge from the sewer pits in a good and workmanlike manner. Said
sewer sludge shall be removed by Buyer from said pits at such times
and in such manner as shall be directed by the Superintendent of
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Streets of the City of Chula Vista.
4. Buyer shall have the right to stock pile not to exceed
at any one time Fifty (50) tons of sewer sludge upon the premises
of the City of Chula Vista, at the Chula Vista Sewerage Disposal
Plant and at a place thereon to be designated by the Superintendent
of Streets of the City of Chula Vista.
5. Buyer shall remove said sewer sludge from the premises
of the Chula Vista Sewerage Disposal Plant at his own expense.
6. Buyer shall not assign this agreement or any right
thereunder without the written consent of the Seller.
7. Buyer agrees to comply with all laws of the.United
States, the State of California, the County of San Diego and the
City of Chula Vista in connection with the handling, disposal
or re-sale of said sewer sludge or any product thereof.'
8. Buyer agrees to hold Seller harmless from any and
all demands, loss or liability resulting at any time or times
from injury to or the death of any person or
3 rY y p persons and/or from
damage to any and all property occurring from the negligence or
other fault or omission of the Buyer, his agents, employees, and/or
patrons, or resulting from non-compliance or mis-compliance with.
any law, ordinance or regulation.
9. Seller reserves the right to terminate this agreement
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without further notice or demand upon general assignment for
the benefit of the creditors of Buyer or upon the adjudication
that the Buyer is bankrupt or insolvent, or should a Receiver
or other officer be appointed to take charge of the business or
assets of the Buyer, or should this contract or any interest
therein devolve upon or pass to any other person, firm associa-
tion or corporation by operation of law or otherwise than with
the written consent of Seller.
10. It is agreed that each and every covenant hereof
on the part of the Buyer are conditions precedent to be faithfully
performed and observed by the Buyer, and if default be made in
the performance or observance of any one or more thereof strictly
as and within the time of this agreement provided, then the Seller
may at its option declare this agreement terminated.
The Buyer agrees that any waiver by the Seller of the
performance or observance of any one or more of the covenants or
conditions of this agreement or any leniency shown in respect
thereto shall not be deemed to constitute the waiver of the
right of Seller to proceed strictly against the Buyer upon any
subsequent breach of the same or any other covenant or condition
of this agreement on the part of the Buyer.
Dated at Chula Vista, California, this 12th day of
:. August, 1946.
CITY O F HULA VISTA
.r.. By `�/( �
•- .. .. : .. Seller _��-�
Buyer