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HomeMy WebLinkAboutReso 1974-7442 Form No. 342 Revo 3/74 J RESOLUTION NO. 7442 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB FOR USE OF THE CITY OF CHULA VISTA'S SEWER FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Clty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certaln agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTRY CLUB, for use of the City of Chula Vista's sewer facilities dated the 20th day of August , 19~, a copy of which is attached hereto and lncorporated 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 Clty of Chula Vista be, and he 15 hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vlsta, Presented by Approved as to form by ~ - ~//~~/ Ge~~~~::,~:;~:~ ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CRULA VISTA, CALIFORN LA, thls 3rd day of September , 191.4.-1 by the followlng vote, to-wit: AYES: Councilmen Hyde, Scott, Hamilton NAYES: Councllmen None ABSENT: Councllmen Hobel, Egdahl ~~.~~~ Hayor of the Clty of Chul Vista ATTESTjJl0Uv ~at-&7 /- Cl ty lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vlsta, CalLfornLa, DO HEREBY CEHTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , Clty Clerk of the Clty that the above is a full, , and that the same has .Ci ty Clerk AMENDHENT TO SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB THIS AGREEMENT, made and entered into thlS 20th day of August , 1974, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the SAN DIEGO COUNTRY CLUB, a California corporat:Lon, hereinafter called "Country Club" i WIT N E SSE T H . WHEREAS, the City of Chula Vista and the San Diego Country Club have heretofore pursuant to the terms of that certain amended agreement dated December 23, 1969, approved by Resolution No. 5478, adopted by the City Council of the City of Chula Vista on the 23rd day of December, 1969, entered into an agreement authorizing the use of the sewer disposal facilities of the City of Chula Vista, and WHEREAS, said agreement was thereafter amended extending said agreement to and until December 31, 1973, and v7HEREAS, the City of Chula vista and the San Diego Country Club in accordance with the terms and conditions of said amended agreement wish to extend said agreement to and until the 31st day of December, 1974. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, it is mutually agreed by and between the parties hereto as follows: 1. That that certain agreement dated March 27, 1973, approved by Resolution No. 6793, be, and the same is hereby amended in respect to Articles 2 and 3 thereof as shown on page 1 thereof and in no other way as follows: 2. The term of this agreement shall be for a period of one (1) year commencing on the first day of January, 1974, and terminating on the 31st day of December, 1974. It is fully under- stood and agreed by the parties hereto that on said date of December 31, 1974, the permission granted by the agreement shall terminate and all rights of Country Club to the continued use of the sewage disposal facilities of City for the disposal of sewage from said premises owned by Country Club and not located within the corporate limits of City shall cease unless this agree- ment shall have been renewed by mutual consent of the parties hereto. It is further understood and agreed that City shall have the right, as of December 31, 1974, to immediately and without further notice, disconnect the Country Club sewer lateral from the sewage disposal facilities of City unless this agreement shall have been so renewed. 3. Country Club agrees to pay to City, as the annual fee for the calendar year 1974, the sum of TWO THOUSAND TWENTY EIGHT DOLLARS AND 30/100 CENTS ($2,028.30) concurrently with the execution of this agreement. Said fee is equivalent to the amount of taxes that Country Club would have paid to City were said pre- mises, including land, building, fixtures and business equipment and personalty, annexed to and incorporated in the City, plus the equivalent of the utility users tax which would be paid by Country Club if said Club were annexed to and incorporated in the City. - 1 - ;2 7 tf~ The fee is based upon assessed valuation provided by the Office of the County Assessor of San Diego County for said Parcell, Page 040, Book 619, as follows: Land Improvements Fixtures Statement secured to property (Business equipment and personalty) $12,500 52,500 3,185 26,974 TOTAL $95,159 Applying the tax rate for the City of Chula Vista, being $1.45 per $100.00 of assessed valuation, which tax rate is in effect on January 1, 1974, said annual fee of $1,379.81 is derived. Utility bills for gas and electricity and telephone for the Clubhouse area in calendar year 1973 totaled $12,969.82. Applying the 5% utility users tax, the total tax to be paid for calendar year 1974 would be $648.49. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SAN DIEGO COUNTRY CLUB ~ tEl:.c President Approved as to form by Approved as to form by ,f".", ? ~/_I ~r7? .. /V "'~f-'-CV Geor~ D. Llndberg, Clty -.;)- It!. 7t/ C; 2-