HomeMy WebLinkAbout1978-07-05; City Council; Resolution 5475f
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RESOLUTION NO. 5475
A FtESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AGREEMENT VSD 111-G-78 BETWEEN THE CITY
OF CARLSBAD AND THE VISTA SANITATION
DISTRICT RE GROVE APARTMENTS LITIGATION
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 (VSD 111-G-78) between the
City of Carlsbad and the Vista Sanitation District re Grove
Apartments litigation, a copy of which is attached hereto marked
Exhibit "A" and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby autho-
rized and directed to execute said agreement for and on behalf
of the City of Carlsbad. an adjourned
PASSED, APPROVED AND ADOPTED at / regular meeting of the
City Council of the City of Carlsbad, California, held on the
5th day of July , 1978 by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None C ou nc i 1 w oma n Cas 1 e r
ABSENT: None
ATTEST :
Margaret E. Adams
MARGARET E. ADAMS, City Clerk
(SEAL) By:
h
AGREEPENT NO. VSD 111-G-3.8
AGREEMENT
BETWEEN CITY OF CARLSBAD AND VISTA SANITATION DISTRICT
THIS AGREEMEWT, made and entered into this 7t h
day. of June -, 1978, by and between the CITY OF
a public corporation; .. .
W 1 T N E S S E 95 E:
WHERE-BS, the CITY OF CARLSBAD and the VXSTA SN?ITATIOPJ
DISTRICT entered into an agreement on July 13, 1961, entftled
"Basic Agreement Between Vista Sanitation Distrjlct and the City
of Carlsbad for the Acquisition and Construction of a Joint
Sewer System" pursuant to which the CITY OF CARISBAD and VISTA
SANITATION DISQRICT have constructed and +"per own joint:
.%. sewer facilities; and
with the position of both the CITY OF GARLSBAD and the VISTA
SANITATION DISTRSCT being that they are no% liable to GROm
. APARTNENTS IESVESTI4mT CO. ; and
WHEREAS, should it nevertheless be determined that the
CITY OF @AE?ISBAD and the VISTA SANITATION DISTRICT are I,.iabZe to
GKO" APARTNENTS INV33STFIINT, CO,.
deterinine the degree of liability of each defenclant t6 GROVE
it would become necessary to
APARTNENTS INVESTMEfiT CO. ; -
NOW THERZFORE8 the parties hereto agree as follows:
Without waiving any rights whatsoever, both parties .
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hereby refrain fron filing any action or cross-complaint
against each other until a final determination has been made
in San Diego Superior Court Civil Action No. N 9052, both
parties hereby reserving all rights to file any action or
cross-complaint against each other upon the final determination
of civil action No, N 9052, t I
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vibta'j Sanitatkn District
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