HomeMy WebLinkAbout1975-08-19; City Council; Resolution 37193
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RESOLUTION NO. 3719
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PIRATES COVE, INC. FOR A SEWER REIM-
BURSEMENT AGREEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of
Carlsbad and Pirates Cove, Inc. for a sewer reimbursement
agreement, a copy of which is attached hereto marked Exhibit A
and incorporated herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
19th day of August , 1975, by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler
NOES: None
ABSENT: None
ATTEST :
REFUND AGREEMENT
PARTIES: The parties to this agreement are the City of
Carlsbad, California, a municipal corporation, hereinafter referred
to as CITY; and Pirates Cove, Incorporated, a California corporation,
hereinafter referred to as CORPORATION.
RECITALS: This agreement is made with reference to the following
facts:
1.
2.
3.
4.
CORPORATION built Shelter Cove subdivision within CITY, which
subdivision is Project Number 2-8 in the files of the City of
Carlsbad Engineering Department.
As part of said subdivision, CORPORATION installed in Park
Drive the following sanitary sewer lines as shown on drawing
134-9, sheets 4 and 5 of 8 sheets:
a. 230 lineal feet of 12 inch pipe from station 04-05 to
station 2+24.92,
b. 662 lineal feet of 8 inch pipe from station 4+52 to
station 11+24.
The sizing of said sewers was greater than CORPORATION
required for its own subdivision, but was required for
possible future use by other properties along its length.
CITY may in the future collect a sewer line cost from
property owners wishing to connect to said sewers.
COVENANTS: Now, therefore, it is mutually agreed between the
par ties
1.
2.
3.
hereto as follows:
CITY shall endeavor to collect a sewer line cost from all
persons wishing to connect to the sections of sewer herein
referred to.
CITY shall pay such sewer line costs so collected to CORPORATION,
provided however, that in no events shall CITY'S liability here-
under require that CITY pay to CORPORATION more than the sum
of $4 per lineal foot for any portion of said sewer line.
CITY shall be liable to CORPORATION for the payment of monies
only to the extent such monies are actually collected, and
shall sustain no liability to CORPORATION in the event the
collection of such monies is prevented by judgement or order
of the Court, or in the event such monies are not collected
as a result of inadvertance and/or neglect of the officers or
employees of CITY.
Any activity that would require reimbursement to CORPORATION
that has occurred in the time interval between November 2,
and the effective date of this agreement is not subject to the
terms of this agreement.
This agreement shall be effective for a period of five years
from and after the 2nd of November, 1974.
CORFORATIQN shall keep CITY informed in writing of its address
in order that any monies collected hereunder may be properly
handled by CITY.
4.
1974
5.
6.
\.'ATTEST :
roved as to form: 41
272/IJ.
Vyncgnt F, Biondo, Jr. //
W City Attorney '
CITY OF CARLSBAD, by:
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