HomeMy WebLinkAboutReso 1983-11475
',. . . . 'STED BY ~ ' 1781
~ 'RDH~G REQUE.
~~~~ T~' i:u~S'~/Jlyeh/(
~,ill ~ lot?
rfut.fftllsl-~ ~ f.1tJ1 ~ RESOLUTION NO.
83';':'439999
~ .
I .llEyORDEO IU ";J'
'1[:tr!C'~t.,HECOROS
,.., ''''", 1J1L!,t, CQUfI)'Y, C,'.., .
/983 DEe - 5 AM II: I 5
. ,
I _VERA I... LYLE!.j
~UNTY RECORDER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA NO fEE
VISTA AND ADMA, INC. FOR PAYMENT OF A PRO-RATA SHARE OF
MAINTENANCE AND OPERATION COSTS OF SEWER PUMP STATION
SERVI~G CHULA VISTA TRACT 81-5 AND HOLDING THE CITY HARM-
LESS FROM ANY LIABILITY FROM FAILURE OF SAID PUMP STATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
11475
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and ADMA,. INC. for paymen,t
of pro-rata share of maintenance and operation costs of sewer pump
station serving Chula Vista Tract 81-5 and holding the City harmless
from any liability ,from failure of said pump station
dated the 23rd day of November ,1983, 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
;.,. ."
....... -
0;-'
, lO-
1782
..'
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd
day of
November
/9 ' R'l , by the following vote, to...,-wit:
AYES: Councilmen Malcolm. Cox. Moore. McCand11ss..Scott
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
/5/ Gregory R. Cox
Mayor of the City of Chula Vista
/5/ Jennie M. 'Fu1asz
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, 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
RESOLUTION NO. 11475
,and that the same has not been amended or repealed.
November 23, 1983
DATED
(seal)
a-~~ mCff~
t/ City Clerk
CC-660
,
. .
! ,,~
1783
Revised 11/2)/83
,
. .
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ADMA COMPANY, INC. WHEREBY ADMA COMPANY, INC.
SHALL PAY FOR THE MAINTENANCE AND OPERATION COSTS
OF A PUMP STATION AND HOLD THE CITY HARMLESS
FOR LIABILITY FOR ITS FAILURE
A I THIS AGREEMENT is made and entered into this Z- ~ day
of IvOoJ{r'lg~ ,1983, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and ADMA
COMPANY, INC., 4398 Bonita Road, Bonita, CA. 92002, hereinafter
called "Developer";
WIT N E SSE T H :
WHEREAS, the City of Chula Vista has previously approved
a tentative subdivision map for Eucalyptus Ridge on April 4, 1981
by Resolution No. 10439, and
WHEREAS, ADMA Company, Inc. is the subdivider of Eucalyp-
tus Ridge, and
WHEREAS, as a condition to the tentative map for Eucalyp-
tus Ridge, ADMA is required to pay its proportionate share of the
costs of the pump station to which the development is connecting
for sewer service in lieu of providing an off-site gravity sewer, and
WHEREAS, ADMA Company, Inc. is further required as a result
of the map to hold the City harmlesss from any liability resulting
from the failure of the pump station.
NOW, THEREFORE, IT IS AGREED between the parties as follows:
1. ADMA Company, Inc. agrees to provide a one-time lump
~ sum payment of $3,500 to cover its pro-rata share of the mainte-
nance and operation costs for the sewer lift station serving
~. Eucalyptus Ridge.
2. ADMA Company, Inc. agrees on their own behalf on and
behalf of their successors in interest and assigns to hold harmless,
indemnify and defend the City for any and all liability resulting
from the failure of the pump station serving Eucalyptus Ridge.
,...
~.
IN WITNESS WHEREOF, the parties heret have caused this
agreement to be executed the day and year her~'nabove set forth.
any, Inc.
Mayor
Vista ()
ATTEST "-r~ ti../hdA..!t~
Deputy City Clerk
Approved as to form by
~~
(Attach Notary Acknowledgment)
/?-//~7.s
t:
Dated: ,ViiY~/>>6'_..i~ /'Jd7
STATE OF CALIFORNIA
COUNTY OF ,.5'""..., .&?,.d,,,
On ~y",,,,,,,d,,,,- ,,;',r,. /?$J
signed. a Notary Public in and for said
A&>~AdA 4d/",,.,.
.1
J~
C'
~ '~r
-t"-- to me to be the
J)..
1f.. ... ~
"
"
,
l:'-
."
\).": "
,
. .
..
"
.,
'"
"r
~,_ T
...
'fss.
1784
B
before me, the under-
State. personally appeared
~-nown
President, and
~ k~e.-t.9-he
S.......-dt..., of the Corporation that executed the
within Instrument. known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Inslru
ment pursuant to its by-laws or a resolution of its board of <!irectors.
WITNESS my hand and official seal.
,
...J.:
. ..
"
"
,
,.
By
.^^J.'l^^l".f!J""g~..'\,r:J.'"l-.~g~"'V\/\.I::~g(^l::,.,~~D..'VV\:.VJ:
I. OFFICIAL SEAL :'
,- -, DUANE M. HUGHES 0:
,00>_", NOTARY PUBLIC. CAlIFO:,NIA ~
. .,. PRINCIPAL OFFICE IN ~
"<""O~~\" SAN DIEGO COUNTY 'R
My Commission Expires March 23, 1986 ~
~...'\"e..".,,"'''\r.''.r.J'.'V'r.... r:J .F,r."'r/'.'\.~v.,,"VV\.:<t...~,
Signature",~~a '
~~.L-
/'t-//,VTJ""-
.
_ ----.--
'.1 \.
"
..,
(This area for official notarial seal) -
tI
'.
!...'11.--:"'I'"~
.'
r
.t--::,',
~-
{...
-
,
Pr sident
.......",~--_.
'",',,;,:-:
--:-"..,,~,,~< .,^',~..-., ;" j'~' .,"...., :- ':,,"""..
I . J'~
.....
"
~ <:'. ,-,
.r~;;.',-'- ..
, ,
..-'r
....:
~i -:."- ..... ;.
. ,
.-~."",- "," s: -" ~,_ ..~..<
~ ..'
";"~'-.', <' !; .,'
. ..:. ~ --~
'"
...., ,,_ '1'"
RESOLUTION NO. 11475
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND ADMA, INC. FOR PAYMENT OF A PRO-RATA SHARE OF
MAINTENANCE AND OPERATION COSTS OF SEWER PUMP STATION
SERVH1G CHULA VISTA TRACT 81-5 AND HOLDING' THE CITY HARM-
LESS FROM ANY LIABILITY FROM FAILURE OF SAID PUMP STATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
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 ADMA, INC. for payment
of pro-rata share of maintenance and operation costs of sewer pump
station serving Chula Vista Tract 81-5 and holding the City harmless
from any liability ,from failure of said pump station
dated the 23nd day of November , 1983, 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
Chula Vista be, and he
execute said agreement
Vista.
RESOLVED that the Mayor of the City of
is hereby authorized and directed to
for and on behalf of the City of Chula
Presented by
Approved as to form by
Ii
,
Tomas J. Har n,
ity Attorney
City
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd
19 83 ,by the following vote, to-wit:
day of
November
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen Malcolm, Cox, Moore, McCandliss, Scott
Councilmen None
Councilmen None
Councilmen None
/l.a,
. . . ~ayOO of e City of Chura Vista
Am~c;'a...cft/~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, 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
RESOLUTION NO. 11475
,and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660