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HomeMy WebLinkAboutReso 1980-10255 Form No. 342 Rev. 2/76 ,. , i RESOLUTION NO. 10255 RESOLUTION OF THE CITY COUNCIL OF-1flIE-CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KAMPGROUNDS ENTERPRISES, INC. FOR CONNECTION TO AND USE OF PUBLIC SEWER FACILITIES THROUGH KA~~GROUNDS ENTERPRISES, INC. PROPERTY 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 that that certain agr~ement bet~en THE CITY OF CHULA VISTA, a municipal corporation, and KAMPGROUNDS ENTERPRISES, INC. for connection to and use of public sewer facilities through Kampground Enterprises, Inc. property dated the 16th day of September , 19 80 , 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 RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presel}ted by // /1 Approved as to form by John P. Lippitt, City Engineer , George D. Lindberg, City Attorney /", "',.'" I \/ j /~) I 1 'i'-/ , 1.1" ~<'~.-- I / . ' ";,, /<---'/". (.. >'-'/ '. ,...' / ,--/ ,,' ~__ ? 1...~~/~<..--- L ,v._/-. ~",/ ",.\.",~"" '~""^.-....."'- ,e'" -r.:"2):-~'<~-_. / / ~l " t', ,,,-Y J' I y::...._..'... ~ ~.\ ~/L.:;c /' ~/j:<:> /- ,,.' ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 16th day of September , 19~, by AYES: Councilmen Cox, McCand1iss, Scott, Gillow , Hyde NAYES: Councilmen None ABSENT: Councilmen None Mayor of the City of Chula Vista ATTEST City Clerk STATE OF CALIFORNIA) CO~'ry OF SAN DIEGO) SSe CITY OF CHULA VISTA) I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KAMPGROUNDS ENTERPRISES, INC. FOR CONNECTION TO AND USE OF PUBLIC SEWER FACILITIES THROUGH KAMPGROUND ENTERPRISES, INC. PROPERTY This AGREEMENT, made and entered into this 16th day 0 f September , 1980, by and be tween the City of Chula Vista, a municipal corporation, hereinafter called "City", and Kampgrounds Enterprises, Inc., hereinafter called "Developer", having their office and principal office of business at 3601 Edgemere Avenue, Chula Vista, CA 92010. WIT N E SSE T H WHEREAS, the Developer desires to annex certain property located in unincorporated territory easterly of and contiguous to the K.O.A. Kampgrounds, and WHEREAS, the Local Agency Formation Commission, because of problems associated with the proposed annexation, refused to support the proposed annexation at this time, and WHEREAS, the City has requested and received permission from the City of San Diego to serve the Developer's property even though situated in unincorporated territory, and WHEREAS, the City and the Developer have jointly constructed an 8" size public sewer main in such position to accommodate the requirements of the developer, and WHEREAS, the Developer desires to make connection(s) to the aforementioned public sewer main prior to completion of the proposed annexation. WHEREAS, the City is agreeable to permitting said connection to the sewer system prior to the completion of said annexation; subject to the terms and conditions set forth in this agreement. NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The City agrees to allow Developer to immediately connect to the existing public sewer main located in Quarter Section 126 of Rancho de la Nacion in unincorporated territory adjacent to the City of Chula Vista. 1("- IC):.l 5-;;'- PAGE 2 2. Developer agrees to secure the necessary permits required by the Chula Vista Municipal Code and to pay all appropriate sewer connection fees and to pay ongoing sewer service charges to the City of Chula Vista in accordance with the provisions of its prevailing Master Fee Schedule. Sewer service charges may be billed directly to the Developer or added to water billings rendered by the Sweetwater Authority, whichever method is deemed most feasible by the City Engineer. 3. Developer agrees that the characteristics of the sewage discharged to public sewer from the Developer's site shall conform to the Chula Vista Municipal Code. 4. connection accordance inspection the City. Developer agrees that all work involved in making to the public sewer shall be performed in with the standards of the City and subject to by the Building and Engineering Departments of 5. It is mutually understood and agreed that should the Developer withdraw his application for annexation to the City, said sewer connection(s) may be removed and flow from the premises into the Chula Vista public sewer terminated. 6. It is mutually agreed that failure by the Developer to pay appropriate sewer service charges shall be considered adequate justification for disconnection from the public sewer. Disconnection may be undertaken by the City five days following Developer's receipt of written notice that his sewer service payments are in arrears. Such notice may be sent no sooner than 30 days following routine billing as described in Item #2. ..- )62t;~ PAGE 3 7. Owner agrees to pay in full the cost of any disconnection required or permitted under this agreement. Said cost of disconnection shall be determined by the City Engineer of the City of Chula Vista and shall be due and payable at the time of said disconnection. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DEVELOPER ~~hD~ of Chula Vista /_g: r g.d}fJ F~ Kampgrounds Enterprises, Inc. ,,~, "..~'" // ./ .~./ APPROVED AS TO FORM BY: 1/(/\-:-.<0 / , ' - - - t, - /" ~,_/ /);..-f ./ -. c, ~. t' .-c!: /'-"--/ l.,..-' .r , ., City Attorney /025jJ