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Home My WebLink About1997-098 , I 1 2 3 4 RESOLUTION NO. 97-98 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A DEVELOPHENT AGREEHENT WITH THE EAST VALLEY WATER DISTRICT RELATING TO THE IllSTALLATION OF A SEWER MAIN IN BELVAN STREET, FROM OLIVE STREET TO BASE LItlE STREET. BE IT RESOLVED BY THE MAYOR AND Cm1MON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Hayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, a Development Agreement with the East Valley Hater District 9 relative to the installation of a sewer nain in Belvan Street 10 11 12 13 from Olive Street to Base Line Street. A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTIOll 2. 'i'he agreefClent shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreenent is fully 16 17 18 19 20 21 22 23 24 25 26 27 28 executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (90) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 11.-07-96 97-98 RESO: EXECUTING DEVELOPI1EllT AGREEHEtlT ,nTH Ev,m BErNAN STREET SEWER I.N ~ 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Hayor and Connon Council of the City of San 3 Bernardino at a ___ joint ~egular .meeting thereof. held on the 4 7th day of April --- 5 Council Members: . - 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHEL~illN 10 DEVLI:I 11 ANDERSON , 1997, by the follmving vote, to."vit: AYES NAYS ABSTAIII ABSENT x x x x x x 12 HILLER 13 14 15 16 day of 17 18 x ~r~lerk The foregoing resolution is hereby approved this 9th April , 1997. ~J!ta~ . / Tom ),hnor, Mayor Ci ty of San Bernardino 19 Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 ~7- ) V C7CV"y-"~_., - 2 - 97-98 . DEVELOPMENT AGREEMENT This Agreement is entered into as of the 28th day of April 1997, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "DISTRICT") and CITY OF SAN BERNARDINO, (hereinafter "THE CITY"), RECITALS A DISTRICT is a County Water District organized and operating pursuant to Section 30,000 et seq" of the California Water Code. B. THE CITY proposes to Construct Sewers within the boundaries of the DISTRICT which is located along Belvan Avenue, from Olive Street North to Baseline, in the City of San Bernardino and is generally identified as a portion of Tract No, 2307, A copy of the Location Map attached hereto and incorporated herein as Exhibit "A". C. THE CITY desires that DISTRICT provide domestic sewer service to the existing dwelling units in Tract 2307, THE CITY intends to provide sewer facilities as needed, D, DISTRICT provides domestic sewer service within the area to be served and is the public agency for those services for Tract No. 2307, E. The purpose of this AGREEMENT is to provide the terms and conditions under which sewer facilities will be designed and constructed to provide service to said portion of Tract No, 2307, 1 ~'t.HII3 i r "A · 97-98 COVENANTS NOW THEREFORE, in consideration of the preceding recitals and the mutual covenants contained herein, the parties agree as follows: Section 1. DESIGN OF FACILITIES, THE CITY agrees to design sewer facilities for said portion of Tract No, 2307 in the following manner and according to the Rules and Regulations of the DISTRICT, a, THE CITY agrees to design the sewer facilities and submit the designs to the DISTRICT which are complete and provides sufficient information for review and approval by the DISTRICT. Said plans shall be prepared in accordance with the DISTRICT'S "Standard Specifications for the Design and Processing of Sewer Plans," b, DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which THE CITY agrees to incorporate into the plans and specifications for said portion of Tract No. 2307, c. DISTRICT agrees to review such plans in a timely manner and upon the inclusion of all changes requested by the DISTRICT will provide THE CITY with authorization to proceed, Section 2, CONSTRUCTION OF FACILITIES, THE CITY agrees to construct facilities as approved by the DISTRICT as follows: a. THE CITY shall obtain all permits from public or private agencies required for the construction of these facilities, b, Construction of these facilities shall be according to the acceptable standards and practices in the industry and in compliance with all local, state or federal laws, rules, or regulations, All facilities shall conform to DISTRICT'S standard specifications for the furnishing of materials and the construction of sewer pipelines, c, THE CITY shall cause the facilities to be inspected as required by the rules and regulations of the DISTRICT and all other public or private agencies, 2 97-98 ' Section 3. INSPECTION COSTS, THE CITY agrees to pay to the DISTRICT the actual costs of inspection services provided for these facilities which is supplied by the DISTRICT in accordance with the rules and regulations of the DISTRICT. THE CITY agrees to make a deposit toward the actual inspection fees and will be reimbursed if all funds are not expended and will be billed for additional funds if fees exceed deposit. Section 4. DEDICATION OF FACILITIES. THE CITY agrees upon completion of the construction of said facilities to the satisfaction of the DISTRICT, to dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and DISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by DISTRICT as part of DISTRICT'S sewer system, The DISTRICT shall not accept dedication of said sewer facilities until all connection fees have been paid as provided in Section 6, herein, Section 5, PAYMENT OF CONNECTION FEES, The individual home owners shall pay the DISTRICT all of the connection fees and shall pay the City of San Bernardino all treatment capacity fees for their respective properties at the time of application for sewer service, Section 6, INDEMNIFICATION OF DISTRICT THE CITY agrees to indemnify hold harmless and assume the defense of, and pay all court costs and attorney fees relating to or arising therefrom, in any action of law or in equity, the District, its officers, agents, employees, and elective boards, all claims, losses, damage, including property damage, personal injury, including death and liability of every kind, nature and description, arising out of or in any way connected with negligent acts, errors or omissions, or the willful misconduct of the CITY or any person directly or indirectly employed by, or acting as agent for, THE CITY, including negligent defects of design, but not including the sole or active negligence, or the willful misconduct of the DISTRICT This indemnification shall 3 97-98 extend to claims, losses, damage, injury and liability for injuries occurring after the completion of the aforesaid project, as well as during the work's progress, Section 7. NOTICES, Any notice, tender or delivery to be given hereunder by either party to the other shall be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in case of personal delivery, as of actual receipt Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section, To DISTRICT EAST VALLEY WATER DISTRICT P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 To THE CITY DEPARTMENT OF PUBLIC WORKS CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92418 Section 8, NONBINDING ARBITRATION OF DISPUTES. Any dispute or controversy arising out of , under, or in connection with, or in relation to the AGREEMENT, and any amendments thereof, or the breach thereof, shall be submitted to arbitration in accordance with the following procedures: A party desiring arbitration ("First Party") shall give written notice to the other party ("Second Party") containing a general description of the controversy to be submitted to arbitration and designating by name and address, three proposed arbitrators acceptable to the First Party each of whom have agreed to act as arbitrator, if selected, If the Second Party upon one of the three proposed arbitrators, the Second Party shall so advise the First Party in writing within ten (10) business days of such written notice by the First Party, 4 97-98 . The arbitrator selected shall promptly give written notice of the arbitration hearing which shall take place within sixty (60) days of the date as is selected by the arbitrator. The arbitration hearing shall take place in San Bernardino, California. If the Second Party fails to agree to the Selection of one of the three proposed arbitrators within the ten (10) business day period, an arbitrator shall be appointed in accordance with the California Arbitration Act, Section 1280 through 1294.2 of the Code of Civil Procedure, The cost of the arbitration shall be paid by the Parties equally, Except as otherwise provided herein, the arbitration shall be conducted and enforced in accordance with the provisions of the California Arbitration Act, Section 1280 through 1294,2 of the Code of Civil Procedure, Section 9, ATTORNEY'S FEES, If a dispute arises, which cannot be resolved by arbitration, regarding breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorney's fees or other costs actually incurred in connection with resolving the dispute whether or not an action, claim or lawsuit is filed, In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages, Section 10, AMENDMENTS, This is an entire AGREEMENT and supersedes all prior agreements oral or written between the parties, and cannot be amended unless in writing, with specific reference hereto by parties authorized to be charged. Failure by either party to enforce any provisions shall not constitute a waiver of said party's right to enforce subsequent violation of same or any other provisions, Section 11, INUREMENT This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the parties, Section 12, CAPTIONS. The captions of section and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a party of this agreement 5 97-98 Section 13, ASSIGNMENT. THE CITY may assign it rights and obligations under this AGREEMENT to purchase of said Tract No. 2307 or a portion thereof, and any purchaser may likewise assign its rights and obligations hereunder to a subsequent purchase of said Tract or a portion thereof. In the event of any such assignment, CITY or any such purchaser shall give DISTRICT written notice of the assignment and shall require its assignee to specifically assume in writing the obligations of CITY hereunder. Section 14, VALIDITY. This Agreement will be construed in accordance with the laws of the State of California. 6 97-98 . IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective officers as of the date first above written, EAST VALLEY WATER DISTRICT ,I C' .~ ~ By: (1 (' / \) President of the Board of Directors City of San Bernardino -;~~ / Tom Minor, Mayor "Approved as to form and legal content James F, Penman City Attorney BY: t~7,~ (/ 03/25/97 jw Agreement Development City of 56.doc 7 97-98 . ,":Ij, EXHIBIT "A" ~ M5E LI NE 51 OLIVE Sf 9 TH ST. ....- .... 0- .... OC> 00 ~ Ul ~ z: ~ -' ..... to. .... .... >- >- -< -< .... z: <:::I <: :z: ::;; ~ Ie ..... "-' t- lL. '< 0- ~ I- 10 CN H 1- to VICINITY MAP N.T.S. SITE