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HomeMy WebLinkAboutReso 75-2011 RESOLUTION NO. 75 -2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION APPROVING AN AGREEMENT RESCINDING THE OUTSIDE SERVICE AGREEMENT (SEWER AGREEMENT) FOR 340 ALTA VISTA DRIVE WHEREAS, the City of South San Francisco ( "City") provides public sewer service within its boundaries and to additional locations pursuant to agreement; and, WHEREAS, on or about July 2003, City of South San Francisco ( "City") and the Islamic Society of San Francisco ( "ISSF ") entered into an Outside Service Agreement ( "Sewer Agreement ") to provide additional sewer service capacity to the property located at 340 Alta Vista Drive, County of San Mateo, APN #013- 121 -040 ( "Subject Property ") in order to allow a private school of approximately 250 students and 20 staff; and, WHEREAS, the Sewer Agreement was recorded in the official records of the County of San Mateo on August 11, 2003 as document numbers 2003 - 224997, 2003 - 224998 and 2003 - 224999; and, WHEREAS, the proposed school was never created, and therefore, no actions were taken by either party to carry out any terms of the Sewer Agreement; and, WHEREAS, on or about December 3, 2010, ISSF sold the Subject Property to the Robert Wong and Sharon L. Cheong -Wong, a married couple ( "Wongs "); and, WHEREAS, the Wongs intend a different use for the Subject Property and will not require the sewer service capacity provided by the Sewer Agreement; and WHEREAS, ISSF and the Wongs have requested rescission of the Sewer Agreement. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves an Agreement rescinding the Sewer Agreement ( "Rescission Agreement "), and authorizes the City Manager to execute the Rescission Agreement on behalf of City of South San Francisco, subject to approval as to form by the City Attorney. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 22 day of June 2011 by the following vote: AYES: Councilmembers Mark Addiego and Pedro Gonzalez, Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin NOES: None ABSTAIN: None ABSENT: Councilmember Karyl Matsumoto ATTEST: Via% Ai P iIrClerk