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HomeMy WebLinkAboutReso 1988-13806 RESOLUTION NO. 13806 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MISSION VILLAGE PROPERTIES TO PROVIDE FOR MAINTENANCE AND OPERATION OF A SEWER PUMP STATION FOR MISSION VERDE 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 by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and MISSION VILLAGE PROPERTIES to provide for maintenance and operation of a sewer pump station for Mission Verde Subdivision dated the llth day of October , 1988, 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 Approved as to form by Public Works 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CI A VISTA, CALIFORNIA, this 11th day of October: 19 88 , by the following vote, to-wit: AYES: Councilmembers McCanclliss, Nade~:, Malcolm, Cox NAYES: Counci 1 members None ABSTAIN: Councilmembers I~one ABSENT: Councilmembers Moore %of ~ Cffy~ Chulo Vista ST, OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 13806 ,ond thot the some hos not been omendedor repeoled DATED City Clerk CC-G60 AGREEMENT TO PROVIDE SEWER SERVICE TO THE MISSION VERDE ZONE OF THE CITY OF CHULA VISTA'S SEWER SERVICE AREA This agreement is made and entered into this day llth of October, 1988 by and between the CITY OF CEULA VISTA ("City") and MISSION VILLAGE PROPERTIES, LTD. ("Owner"), a California Limited Partnership, Tetra Industries, Inc., a California Corporation, General Partner. RECITA~ WHEREAS, the City of Chula Vista provides sewer service within the City of Chula Vista pursuant to the laws of the State of California, (health and safety code ~5471), its ordinances, and resolutions; and WHEREAS, Owner owns 10 acres of real property located within the City of Chula Vista, subdivided as Final Map No. 12165 (heroinafter the "Property"); and WHEREAS, City, in approving said Final Maps, required that Owner provide for maintenance and operation of the temporary pump station providing sewer service to the Property; and WHEREAS, Owner and City agree and desire to provide for maintenance and operation of such sewer pump station and eventual connection of the property to a permanent gravity-.flow system by the establishment of a special sewer service rate zone; - 1 - NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: I. purpose. The purpose of this agreement is solely to provide for the establishment of a special sewer service zone to provide for maintenance and operation of a temporary sewer pump station and for connection to permanent gravity lines. Special sewer service as described herein shall mean maintenance and operation of a sewer pump station and replacement of said pump station with a gravity sanitary sewer ~ystem. 2. Area To Be Protected And Term Of Agreement. a. Te~m. This contract shall commence on the date first above written and shall continue so long as the temporary sewer pump ~tation remains in operation, plus the period required, if any, pursuant to paragraph 3 (c) hereof. b. Area. The Property to be served pursuant to this agreement is the entire 10 acres of Final Map No 12165 as filed with the City of Chula Vista, attached hereto as Exhibit A. The special sewer services described herein shall be provided to the entire special sewe~ service rate area upon recordation of the final subdivision map. It is agreed that only 76 residential condominiums and one recreation building are included in the area to be served, Any additional lots or increased density which may be obtained through a resubdivision of the property or Eutuze subdivision by future property owners shall necessitate payment on a per-lot basis to City from Owner under the same terms and conditions as applied to residential lots under his agreement. -2 - 3. Services, Rates~ ~e~ And Assessment3. a. The Property will be provided with full sewer services offered by City upon condition that Owner and Owner's successors and assigns abide by all the rules and regulations of City regularly imposed upon customers of City and also those obligations imposed under this agreement and the ordinances of the City adopted pursuant to this agreement. b. Fees [or operation and maintenance of the temporary sewer pump station located within the property shall be set by City not more frequently than annually. Said fees may be set forth on the regular sewer service bills sent to customers within the Property, or to a homeowner's association approved by the City governing the property, on or before July 1 of each year. c. Such fees for operation and maintenance shal! not exceed the actual operation and maintenance costs directly attributable to operation and maintenance of such pump station. Any deficit or excess resulting from a difference between the estimated costs and actual costs shall be corrected by adjustments in the rates charged to Mission Verde during the succeeding fiscal year. Such fees shall include power and water costs for operation and maintenance of the sewer pump station and ongoing costs associated with providing an emergency alarm. In addition, the actual cost of bypassing or removing the temporary sewer pump station and connecting the collection system within the Property to a permanent gravity-flow force main shall be paid from the fees to be collected; provided that any cost for such work shall not raise the fees established during the last full year of and operation of the pump station nor extend the period during which fees are collected hereunder for more than three (3) years, following such connection. d. This agreement shall terminate upon the connection of the hopetry collection system to a gravity-flow line, except that fees may be imposed, for not more than three years following such connection, upon Owner, its successors, and assigns. 4. Notices. Notices which may be required or permitted under the terms of this agreement shall considered to have been given upon receipt from the U.S. Postal Service of a "Return Receipt" showing acceptance by a representative of the "receiving "party of the notice which was posted "Certified - Return Receipt Requested". Addresses for any such notices shall be: For the City of Chula Vista: City Engineer CitX of Chula Vista 276 Fourth Avenue Chula Vista, Ca. 92010 For Owner: Mission Village Properties, Ltd. c/o Terra Industries, Inc. General Partner P.O. Box 82417 San Diego, Ca. 92138 5. Entire Agreement. This agreement contains the whole contract between the parties. This agreement integrstes all the terms and conditions mentioned herein or incidental hereto and supercedes all negotiations or previous agreements between the parties. Any modifications of the terms of this agreement must be made with the mutual consent o~ both parties. 7. Successors. This agreement shal~ be binding upon the parties and all successors in interest within five (5) days of receipt by Owner of a duly signed and acknowledged original. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. 8. Recordation. This agreement shall be recorded by Owner '~ithing five (5) days of receipt by Owner oE a duly signed and acknowledged original. - 5 - IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. MAYOR, OF CHULA VISTA ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On October 6, 1988 , herore me, the undersigned, a Notary Puhlic in and for said County and State, personally appeared Lawre_/ICe R. KEoiS known to me to be thcV~O President,~~~$ q~rra Tndu~frieS ~ I~C. , the corporation that said corporation being known 'o me to be one of the partners of GWEN M. WHITELEY Mission Village Pr~rtieS L~t~ the NOTARy~BDC-CALFO~A , ~ GW~ to me that such corporation executed the same as such partner My Comm. Ex~resN~. 23, 1990 VAC 6,,~WN BY T I T t, E _ __C~T_ _ 5~ECEAL ~EWP--P-EF~VICE RATE