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HomeMy WebLinkAboutReso 1979-9876Form Nv. d42 Rev. 2/76 RESOLUTION NO. 9876 RESOLUTION OF THE CITY COUNCIL OF'3`HE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND L & L DEVELOPMENT COMPANY FOR MAINTENANCE AND OPERATION OF SEWER LIFT STATION IN CHULA VISTA TRACT N0. 78-2 - BONITA HACIENDAS SUBDIVISION 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and L & L DEVELOPMENT COMPANY, for maintenance and operation of sewer lift station in Chula Vista Tract No. 78-2 - Bonita Haciendas Subdivision dated the Sth day of December 19 79 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. Presented by ~ohn P. Lippitt, i y Engineer Approved as to form by G~e Lindberg, Ci~i Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 6th day of December , 1979 by AYES: Councilmen Hyde, D9cCandliss, Scott, Gillow, Cox NAYES: Councilmen None ABSENT: Councilmen None (,J,c~Q.Q, ~~ Mayor of the City of Chula Vista v ATTEST . yy~ ~ r ' City Clem STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk AGREEMENT FOR MAINTENANCE AND OPERATION OF SEWER LIFT STATION IN CHULA VISTA TRACT N0. 78-2 - BONITA HACIENDAS SUBDIVISION THIS AGREEMENT, made and entered into this j ~, day of ~~~Ar1`'.":y~ 1979, by and between the CITY OF CHULA VISTA, a municipa5. corporation, hereinafter called "City", and L & L DEVELOPP~IENT COMPANY, 591 Camino de la Reina, Suite 510, San Diego, California 92108, hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, Subdivider owns the following described property located in the City of Chula Vista, County of San Diego, State of California, described as follows: Chula Vista Tract No. 78-2 - Bonita Haciendas as shown on the tentative map approved on June 6, 1978 by Reso- lution No. 9119. WHEREAS, City and Subdivider desire to provide sewer service for the above-mentioned property, which service would be best provided with the construction of a temporary sewer pump station owned and operated by the City, and WHEREAS, an estimate of the cost of maintaining and operating said sewage pump station has been estimated at ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) per year for a period of ten (10) years. NOW, THEREFORE, IT IT MUTUALLY AGREED by and between the parties hereto as follows: 1. Subdivider and his successors and assigns agree to install, at his expense, a temporary sewer pump station and to pay the actual prorated costs incurred by the City in maintaining and operating said station constructed to serve said land. 2. City agrees to own and operate for the purpose of providing sewer service said station. 3. Subdivider and his successors and assigns agree to bear the cost of said temporary pump station and to pay said obligation in the form of a sewer charge on the monthly water bill until such time as a gravity trunk line sewer is installed to serve said land. 4. City agrees that a fair estimate of the cost on a prorated basis will be $2.20 per month for each of the 57 units to be constructed on said land. Said amount shall be in addition to all other sums otherwise due the City from Subdivider, his successors and assigns, as recorded on the monthly water bill. Initial payment of said maintenance and operation costs shall be withdrawn from the $1,500 required to be deposited in order to insure compliance. After all meters have been connected, any cash remaining in said deposit will be refunded to the Subdivider. The amount of the monthly maintenance and operation costs may be adjusted up or down by the City Council to reflect future costs of energy, materials and labor necessary to maintain and operate the lift station. -1- ~_ aB~6 q~~6 a E u° E Q n c a_ °o E 0 STATE OF CALIFORNIA San Diego °~ COUNTY OF _- ___ On___p.~eember 5, 1979 ___ _, before me, the undersiyned, a Notary Public in and for said State, personally appeared _ William P. Lee and Charles R. Lewsader known fo me to be the partners of the partnership that executed the within instrument and acknowledged to me that ~ °" m m.. n ~ um~ OFF'. IAL SEAL - such partnership executed the same. .,,f~ _ ~~,4 vl)L ~ ~VGRJEN - i 4~ ~ v t01 ~r ~ 0 IC aL F.)°^.IA _ ~ ( i / 4 ,L~F t r - IIV WITNESS my d And official seal. = as „% ":! C OJI\iY = ~ ~ MyCommi ssion Expires Dec. B, 197^ d / ~ ~~~~ ~~~~,~,~ ~u~~~~~. ~~~~~~~u i .w / ?yf r'~.Z~ ~~i~. ~~ ~ !/ . Signatur ~ e anne ve7~ e Name (Typed or Printed) IFhis area for oRmial notarial seal) 5. City and Subdivider agree that the temporary sewer pump station shall at all times be owned and operated by the City and upon completion of the installation, Subdivider shall, upon demand by the City, make, execute and deliver to City such bills of sale or other documents of title as City may require. 6. City agrees that at such time as a gravity trunk line sewer is fully constructed and this agreement fully executed, City will cause to record such documentation clearly expressing a release from this agreement of Subdivider in the office of the County Recorder of San Diego County, California. Approved as to form by ~`~~' City Att 7. This agreement is subject to amendment by the mutual consent of both parties and shall be effective until the sewage passing through the lift station is diverted to a gravity sewer system and the lift station is no longer necessary. 8. It is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Sub- divider, his agents or employees, in the performance of this agree- ment. Subdivider further agrees to protect and hold harmless City, its officer and employees from any and all claims, demands, causes of action, omissions of Subdivider, his agents or employees, in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to damages or taking or property resulting from the construction of said sewage pump station and shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. 9. In the event that any suit is brought upon this agreement by either party, the court shall have discretion to award the prevailing party reasonable attorneys' fees. 10. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns, it being expressly understood and agreed that L & L Development Co. may assign all or part of its annual maintenance obligation here- under to persons or entities to whom it may sell property which will be served by the sewage lift station, and that upon written approval of such assignment by the City of Chula Vista, L & L Development Company shall to the extent of such approved assign- ment be relieved of liability for annual maintenance. 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 L & L DEVELOPMENT COMPANY c.usa ~~~..-- ~ ~ 7~ Mayor the City o a Vista _~, -~ `. ~~1~~ ATTES 9' ~ Cit Cler (Attach Notary Acknowledgment) qg~6 -Z-