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HomeMy WebLinkAboutReso 1977-8489Fsrm No. 342 Rev.: 3j 74 RESOLUTION NO. 8489 RESOLUTION OF THE CITY COUNCIL OF 'ThE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN 'TFiE 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 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 CLIULA VISTA, a municipal corporation, and THE SAN DIEGO COUNTRY CLUB, for use of the City of Chula Vista's sewer facilities dated the 15th day of January 1977 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approvedT BE IT FURTF.ER 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 Geor D. Lindberg, City At ney Appr;~ved as to form by f,, ~ / ~; ~, y ~ ~,/ i .. _ _ / ~ vv Geo- rge D. Lindberg, City At orne Y ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF` CF~ULA VISTA, CALIFORNLA, this 1st day of February , 1977 , by the following vote, to-wit: AYES: Councilmen Cox, Scott, Egdahl, Hobel, Hyde NAYES: Councilmen None ABSENT: Councilmen None -~} n7ayor of the City'of Chula Vista _:! ATTE~~' ~; ;~ City lerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Cierk of the City of Chula Vista, California, DO iiEREBY CERTIFY that the above is a ru11, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Cler A24ENDMENT TO SEWER CONNECTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO COUNTRY CLUB THIS AGREEMENT, made and entered into this 15th day of JANUARY 1977, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the SAN DIEGO COUNTRY CLUB, a California corporation, hereinafter called "Country Club"; W I T N E S S E T H WHEREAS, the City of Chula Vista and the San Diego Country Club have heretofore entered into agreements commencing in 1968 and subject to renewal authorizing the use of the sewer facilities of the City of Chula Vista by the San Diego Country Club, and WHEREAS, the last said agreement was approved by Reso- lution No. 7679, adopted on March 25, 1975. WHEREAS, it is now desired by both the City of Chula Vista and the San Diego Country Club to amend said agreement and to extend the term of the agreement for a period of two (2) years. 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. The City of Chula Vista hereby authorizes and agrees to allow the San Diego Country Club to connect to sewer facilities located in the Clubhouse of the San Diego Country Club on that pro- perty as shown in the records of the Office of the County Assessor of San Diego County as Parcel 1, Page 040, Book 619. 2. The term of this agreement shall be for a period of two (2) years commencing on the first day of January, 1977, and terminating on the 31st day of December, 1978. It is fully under- stood and agreed by the parties hereto that on said date of December 31, 1978, 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 agreement 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, 1978, 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. The Country Club agrees to pay to the City an annual fee for the privilege of utilizing the sewer facilities of the City of Chula Vista equivalent to the amount of taxes that Country Club would have paid to City were said premises, 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 -1- annexed to and incorporated in the City. Said amount is equal to the taxes which the City of Chula Vista would impose based upon the annual tax rate established for the fiscal year commencing prior to each calendar year in which said charge shall be due and owing as applied to the assessed valuation of the land, improve- ments, fixtures, business equipment and personalty located on said parcel described herein. In addition, Country Club agrees to pay a utility users tax for gas, electricity and telephone services for said parcel at the rate imposed by the City of Chula Vista as applied to the total of said utility bills of the San Diego Country Club for the calendar year preceding the year in which payment is due and owing. Country Club further agrees that should any other taxes be applied generally throughout the City of Chula Vista, that the method of calculating the fees as described herein shall be appropriately adjusted. The City of Chula Vista reserves the right to request a certified state- . ment of the utility bills of the Country Club. 4. Said fee shall be due and payable on or before the 31st day of January commencing in January of 1977. The Finance Director of the City of Chula Vista shall secure the necessary in- formation and present a bill to the General Manager of the San Diego Country Club. The fee shall be paid to the Finance Director, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 92010. 5. Termination of Agreement. This agreement may be terminated by either party upon written notice delivered on any anniversary date of said agreement; i.e., January 1st, for termi- nation at the conclusion of said calendar year in which notice is given. 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 COUPdTR~CLUB or c:nula vis ATTES er Approved as to form by ~~" V Geo e D. Lindberg, City A rney ~-Norman D. Ferguson Approved as to form by Y. th Atherton, Attorney for Country Club -2-