Loading...
HomeMy WebLinkAboutReso 1977-8685Form No. 342 Rev. 3/74 RESOLUTION NO. 8685 RESOLUTION OF TiiE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ROBINHOOD HOD4ES, INC. FOR MAINTENANCE AND OPERATION COSTS OF SEWER LIFT STATION IN RANCHO ROBINHOOD III SUBDIVISION AND AUTHORIZING TFiE 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 ROBINHOOD HOMES, INC., for maintenance and operation costs of sewer lift station in Rancho Robinhood III Subdivision dated the 13th day of May 19 ~~ 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 w 9 i~ W. J. Robens, Director of Public Works Approved as to form by - /, , Geor e D. Lindberg, City At~rney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF Ci1ULA VISTA, CALIFORNIA, this 21st day of June 1977 by the followinc vote, to--wit: AYES: Councilmen E~dahl. Hobel. Cox, Hyde, Scott NAYES: Councilmen ABSENT: Councilmen None None (` T'Iayor of the City of Chu Vista ATTES City Cl rk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CEiULA 'VISTA.) I, , City Clerk of the City of Chula Vista., Cal ifc~rnia, DO isEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATEDf __ City Clerk AGREEMENT FOR THE OPERATION AND MAINTENANCE COSTS INCURRED FROM THE CONSTRUCTION OF A SEWAGE LIFT STATION IN RANCHO ROBINHOOD, UNIT NO. 3 THIS AGREEMENT, made and entered into this 13th day of May , 1977, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ROBINHOOD HOP~IES, INC., 358 Trousdale Drive, Chula Vista, California 92010, hereinafter called "Subdivider"; W I T N E S S E T H WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final sub- division map of a proposed subdivision to be known as Rancho Robin- hood, Unit No. 3, and f WHEREAS, the Director of Public Works has recommended and the City Council has accepted as a condition that the developer shall pay actual costs incurred by the City in maintaining and operating sewage pump stations constructed to serve the subdivision, and WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the City Council, to enter into this agreement wherein it is provided that Subdivider will install and complete at Subdivider's own expense, sewage pump sta- tions required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has hereto- . fore been approved subject to certain requirements and conditions as contained in Resolution No. 8366, approved on the 26th day of October, 1976, in accordance with the recommendations of the Planning Commis- sion, and WHEREAS, an estimate of the cost of maintaining and operating said sewage pump station has been estimated at ONE THOUSAND FIVE HUN- . DRED DOLLARS AND NO/CENTS ($1,500.00) per year for a period of ten (10) years. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider shall be responsible for payment of all maintenance and operating costs necessary for the efficient and con- tinuous operation of the lift station. 2. Subdivider shall be billed quarterly by the City and .billing shall include a detailed statement and shall be payable within thirty (30) days. ~. Routine maintenance shall be performed by the City. Labor charges will be at prevailing City wages and shall include labor at cost, including overhead. The minimum labor charge for routine maintenance will be for one (1) hour and time shall include travel to lift station. Transportation costs shall be TWO DOLLARS AND NO/CENTS ($2.00) per visit to the lift station by City maintenance personnel and this cost shall include vehicle rental, small tools and other normal items used in the performance of maintenance tasks. - 1 - 4. The City will contract for any major repairs or replace- ment parts and such costs will be included in the quarterly billing. 5. Costs for electricity, water and telephone shall be included in the quarterly billing. 6. Repair parts and materials required to perform lift station maintenance shall be included in the quarterly billing. 7. Subdivider shall deposit security in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 ($1,500.00) in order to insure compliance with the aforesaid conditions; this amount being based on estimated costs of $1,500.00 per year for ten (10) years. City shall retain this security for each succeeding year up to ten (10) years, which amount may be amended based upon the actual billings for the period involved. Should Subdivider fail to honor periodic billings, upon demand of the City, Subdivider shall pay an additional amount as security to supplement the existing fund, up to an amount of $1,500.00 or such lesser amount as determined by actual billings. 8. This agreement is subject to amendment by the mutual con- , sent 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. 9. It is understood and agreed that City, or any officer or employee thereof, shall not be liable for any injury~to person or pro- perty occasioned by reason of the acts or omissions of Subdivider, his agents or employees, in the performance of this agreement. Subdivider further agrees to protect and hold harmless City, its officers 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 of 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 sub- division pursuant to said approved improvement plans. 10. In the event that any suit is brought upon this agreement by either party, the court shall have discretion to award the prevail- - ing party reasonable attorneys' fees. 11. 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 Robinhood Homes, Inc. may assign all or part of its annual maintenance obligation hereinder 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, Robinhood Homes, Inc. shall to the extent of such approved assignment be relieved of liability for annual maintenance. F 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 ROBINHOOD HOMES, INC. ~' ~/ y Mayor f he i y of Chul Vista ~ ATTEST ,/.'LG'~ ~- City Clerk Approved as to form by City Atto ` ey