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HomeMy WebLinkAbout1978-07-05; City Council; Resolution 5475f \- 1 2 3 4 5 6 7 a 9 10 11 1% 0 15 2c 21 22 22 24 2E 2E 27 2€ 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 . i-- ._ Page One .- . 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 I .. .. vibta'j Sanitatkn District B ORT f .. . . . ..?*. ". .. ~ -. . . .. - .-,I. ..