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HomeMy WebLinkAbout1975-08-19; City Council; Resolution 37193 1 f 5 4 F . t 7 € s 1c 17 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: - 2-