Loading...
HomeMy WebLinkAboutCC RESO 5535v. # '7a Z� U RESOLUTION NO. 5 �✓ J S- BE IT RLSOLVED by the City Council of the City of National City, California, as follows: SECTION 1: That certain agreement between CLARENCE E. MORRIS, and the CITY OF NATIONAL CITY, a municipal corporation, a copy of which is attached hereto, and by this reference incorporated herein the -same as though fully set forth herein, be, and the same is hereby, approved. SECTION 2: That MAURICE CARRIGAN, Mayor of the City of --National City is, and he is hereby, authorized, and directed to execute the same for and upon behalf of the said City. CONTRACT BETWEEN SUBDIVIDER AND THE CITY OF NATIONAL CITY PROVIDING FOR REIMBURSEMENT TO SUBDIVIDER FOR A PORTION OF THE COSTS OF IN- STALLATION OF CERTAIN ;SEWER TRUNK LINES THIS AGREEMENT, made and entered into this '2,40 day of June, 1951, by and between CLARENCE E. MORRIS, a general contractor, hereinafter referred to as "Subdivider", and the CITY OF NATIONAL CITY, California, a municipal corporation, hereinafter referred to as "City", W I T N E S S E T H : WHEREAS, CLARENCE E. MORRIS, Subdivider, _ has created a subdivision of land in the City of National City, Calif,,rnia, known as HILLTOP PARK; and, WHEREAS, it is not possible to use septic tanks or cesspools in connection with the development of said sub- division and it is necessary that sewers be installed by said Subdivider; and, WHEREAS, it has been determined that the reasonable cost of installation of the trunk sewer system hereinafter described is the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00); and, WHEREAS, it is the opinion of the City Council of National City, California, that sewer facilities can be made available to thirty-six (36) lots in HILLTOP PARK Subdivision (being lots one (1) to nine (9) inclusive; twelve (12) to twenty-nine (29) inclusive; and thirty-two (32) to forty (40) inclusive) by the installation of a sewer trunk line from Division Street, northerly on "U" Avenue and on Alpha and Beta Streets, all in the City of National City; and, WHEREAS, it appears that such sewer trunk line on "U" Avenue and a portion of Beta Street can be or will be used in the disposal of sewage from properties not within the aforesaid thirty-six (36) lot portion of HILLTOP PARK Subdivision; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: FIRST: That the City shall permit the Subdivider to install sewer trunk lines in the streets of National City, California, in the streets known as "U" Avenue, and Alpha and Beta Streets, and as more particularly set forth on that cer- tain map on file in the office of the City Engineer of the City of National City and marked "HILLTOP PARK SEWERS" and signed by Subdivider and a duly authorized representative of City, subject to terms and conditions herein contained. SECOND: That the entir-� installation cost of the afore -described sewer trunk lines as set forth on said Map shall be at the sole expense of Subdivider. THIRD: That the Subdivider agrees to install said sewer lines in accordance with all rules, regulations and ordinances of the City of National City, and all laws of the County of San Diego and of the State of California. FOURTH: That upon completion of the said sewer trunk lines and approval thereof by the Engineer of City and acceptance by the City, all right and title to said sewer trunk lines shall immediately vest in said City without any claim or demand from any person whomsoever, except as in this agreement provided. FIFTH: That upon completion, approval and accept- ance as aforesaid, the City agrees to reimburse subdivider for a portion of the said installation cost of the sewer trunk line subject to the following: (a) That said reimbursement shall be the actual cost of construction of said sewer trunk lines less the sum of FOUR THOUSAND FIVE HUNDRED SEVENTY SIX AND 24/100 DOLLARS ($4,576.24), provided,how- ever, that notwithstanding anything to the contrary herein contained, the total amount reimbursed to Subdivider shall not exceed TWO THOUSAND NINE HUNDRED TWENTY THREE AND 76/100 DOLLARS ($2,923.76); (B) That said reimbursement, if any, shall be only when, as, and if the same is collected from persons owning real property not with- in the HILLTOP PARK Subdivision of Sub- divider and who actually use the said sewer trunk lines installed by Subdivider under this agreement. (C) That said sewer charge to be made to any person owning, occupying or using real property not within said subdivision of Subdivider and who use said sewer trunk lines, and which is the subject of reimburse- ment to Subdivider, shall be the sum of ONE HUNDRED SEVENTY DOLLARS ($170.00) per con- nection; provided further that the City shall not be liable for any failure or for any legal inability to make such collection. (D) That in addition to the charge set forth in (C) above, the City may also collect from persons outside said subdivision and who use said sewer trunk lines a sewer connec- tion fee and permit in a sum as determined by Sec. 9, Ordinance No. 784, of said City or as it may thereafter be amended; that this sum shall be retained by said City and shall not be subject to any claim or demand of Subdivider nor shall it be used in the computation of any sums reimburseable to Subdivider. It is fully understood and agreed that the amounts collected under sub- division (c) and (D) as in this para- graph provided shall in no event exceed the total amount collectible by the City of National City under the provisions of Ordinance No. 784 or any ordinance adopted in lieu thereof. (E) That in the event it is not legally possible or permissible to make said reimbursements as herein provided, then the City shall have no liability to Sub- divider and Subdivider hereby specifically agrees to make no demand or claim whatso- ever against City for the said sewer trunk lines or for any money collected by City from persons living without said Sub- division of Subdivider and who use said sewer trunk lines; the subdivider hereby further expressly grants to City the right and permission to make connections to said sewer trunk lines and charge such persons therefor. SIXTH: That it is expressly agreed that Lots 10, 11, 30 and 31 of said subdivision of Subdivider are not to be ser- viced by the said sewer trunk lines; that in the event these last-mentioned four (4) lots, or any of them, are connected to any sewer system within the City of National City, then and in. that event the person or persons desiring said connection shall pay the full nri.ce demanded by the City as now set forth by Ordinance No. 7 t of said City or by any amendment or other Ordinance that may then be in effect. SEVEfl i : That notwithstanding anything to the con- trary herein contained, the Subdivider agrees to pay to City the sewer connection fee and permit in the total amount of SEVENTY FIVE DOLLARS ($75.00) per connection for each of the aforesaid thirty-six (36) lot connections when and if such connections are made by Subdivider to the herein described sewer trunk lines. EIGHTH: That Subdivider agrees to hold the City, its agents, officers and officials free and harmless from any and all claims or demands arising from, out of, or through the installation of the herein described sewer system. NINTH: That all such collections made hereunder for the benefit of Subdivider shall, after City deducts any costs of collection, be paid forthwith by the City Treasurer of City to said Subdivider, his successors or assigns. If, after the expiration of two (2) years, the whereabouts of the Sub- divider, his successors or assigns, is unknown to said City Treasurer and no demand is made therefor, all sums so collected and deposited to the credit of such person shall be deposited in the Capital Outlay Fund of City and all rights thereto of such persons shall immediately terminate. That after Subdivider has been fully reimbursed as herein provided, all future collec- tions made by City for connections to said sewer trunk system (exclusive of sewer connection fee and permit fee) shall belong to, and be deposited in the Capital Outlay Fund of said City. In furtherance of the provisions of this agreement, Subdivider agrees with City to keep on file with the City Treasurer his correct mailing address. TENTH: That no charge made or collected hereunder. shall bear interest. :Zi'.VE,:'iii: That City shall in no case be liable in damages or otherwise to Subdivider for failure, neglect or inability for any reason to collect any charges herein men- tioned or to reimburse Subdivider as herein provided or for errors in the proportionate disbursement thereof. TWELFTH: That five (5) years after the date of this agreement, any right to reimbursement of Subdivider shall cease, and any and all charges thereafter made shall belong to City and shall be collected and deposited in the Capital Outlay Fund of City. DATED this %/ day of June, 1951. 47/ Clarence �. CITY OF NATIONAL CITY By "?- iL6-C,fi �dw l PASSED AND ADOPTED by the City Council of the City of National City, California, this 21st day ay of 19 51 , by the following vote, to -wit: AYES: Councilmen Clarke, Curry, Hart, ingalls, Carrigan NAYS: Councilmen Hone ABSENT: Rona ATTEST: City Clerk. I hereby approve the foregoing Resolution iviayar of the City of National City, Cifornia. 21st August , 19 51 this day of Mayor'of the City of National City, Cejff ornia. { Resolution l No I hereby certify that the above and foregoing is a full and true copy of Ordinance f of the City of National City, California, as adopted by the City Council of said of the j Resolutions Ordinances of � 19 City, and approved by the Mayor of said City, on the day City Clerk of the City of National City, California. Deputy iv.. ii J7o`tyf g.-a/-s~i fia , /V . I3,..ti,Qwi4A` r i