HomeMy WebLinkAbout1993-022
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RESOLUTION NO.
93-22
SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Sewer Connection Agreement with the San Bernardino City
9 Unified School District relative to connection of Muscoy
10 Elementary School to the City's sewage system, a copy of which is
11 attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
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SECTION 2.
The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the agreement
15 fail to execute it within sixty (60) days of the passage of this
16 resolution.
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12-17-92
RES 93-22
RESO: AUTHORIZING EXECUTION OF A SEWER CONNECTION AGREEMENT FOR
MUSCOY ELEMENTARY SCHOOL.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
reaular
meeting thereof, held on the
4 1st day of February
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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, 1993, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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Ra~~k' ~rk
The foregoing resolution is hereby approved this ~kD
of '; ~':\)v-~\,\<...\J.
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, 1993.
day
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Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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Res 93-22
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SEWER CONNECTION AGREEMENT
THIS AGREEMENT is made and entered into this \S't day of
\=' 2\)\L~"'\L\\ , 1993,
Bernardino, a ~niciPal
by and between the City of San
corporation of the State of California,
hereinafter referred to as "CITY," and the San Bernardino City
Unified School District and their successor(s) in interest,
hereinafter referred to as "USER."
WITNESSETH:
WHEREAS, User is the owner of certain premises commonly
known as
2119 Blake Street
(Street Address)
San Bernardino, California, and more particularly described as
follows, to wit:
Assessor's Parcel Number:
26B-031-13
Legal Description of Property:
Lot 343, Tract 2258, as per
map recorded in Book 32 of Maps, Paqe 72, in the office of the
County Recorder of said County.
WHEREAS, User represents that it has a legal interest in
the property and that all other persons holding legal interests
in the property and all successors in interest are bound by this
Agreement; and
WHEREAS, the above described premises are presently
located outside the City limits of City; and
WHEREAS, the above described premises do not receive sewer
service; and
.RES 9:l-22
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1 WHEREAS, it is the desire of the parties hereto that User
2 may avail himself of City's sewer facilities.
3 NOW, THEREFORE, in consideration of the promises and of
4 mutual covenants and agreements herein, it is mutually understood
5 and agreed as follows:
6 1. City hereby permits User to install and construct a
7 sewer lateral connecting the sewer plumbing system in any
8 existing building on the above described premises to an existing
9 public sewer main of City 0 User shall be responsible for the
10 repair and maintenance of the sewer lateral up to the point it
11 connects to the public sewer main. User shall design sewer
12 lateral to provide for a drop flow meter, per specifications
13 approved by City. Said installation, construction and connection
14 shall be made at User's sole cost and expense.
15 2. User agrees to abide by all the terms and provisions
16 of the San Bernardino Municipal Code, Chapters 13.08, 13.16 and
17 13.32, made a part hereof by reference, which shall include, but
18 is not limited to, the User's agreeing to apply for and obtain
19 from City an appropriate permit for the aforesaid sewer
20 connection, pay all fees necessary for such permit and sewer
21 connection, cause all appropriate inspections to be made and
22 comply with all conditions and requirements made by the office of
23 the City Engineer and other departments of the City, or as may be
24 provided in said San Bernardino Municipal Code Chapters 13.0B and
25 13032 or other ordinances, laws, or amendments thereto
26 hereinafter enacted.
27 3. User agrees to apply for and obtain from the
28 governmental entity having jurisdiction all necessary permits,
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. "RES :93..22
1 including a street or highway permit for the sewer line.
2 4. User agrees to pay to City the applicable monthly
3 charges for sewer services as set forth in Resolution No. 91-361
4 or any subsequent amendment thereto. Such monthly sewer service
5 charges may be increased at any time by action of the Mayor and
6 Common council to cover increased operating or maintenance costs
7 of, or improvements or additions to, the wastewater treatment
8 system and sewer system of City.
9 5. User agrees to abide by City's rules and regulations
10 and laws relative to the maintenance and operation of City's
11 sewer and wastewater treatment system and of the User's Sewer and
12 plumbing system, including, but not limited to, San Bernardino
13 Municipal Code Chapter 13.32, or other ordinances, laws, or
14 amendments hereinafter enacted regulating the discharge of wastes
15 into the City sewage system.
16 6. In case it may become necessary to repair or replace
17 any part of the sewer system, City is hereby authorized to close
18 any valve, or valves, in any of the mains in the City or at the
19 point of connection between the main or lateral of City and the
20 lateral of User as may be necessary for the protection of said
21 sewer system, or to meet the exigency of the situation. It is
22 expressly covenanted and agreed that City shall not be held
23 liable or accountable for any bursting, breakage, stoppage, or
24 accident of any kind that may occur to said sewer system, connec-
25 tion, or sewer lateral and User hereby covenants and agrees to
26 save and hold harmless City and its officers, employees or agents
27 from any and all loss, damage or expense that User may incur or
28 suffer by reason of the execution or performance of this
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~s 93:-P
1 Agreement.
2 7. It is mutually covenanted and agreed that City shall
3 not be accountable or liable, nor shall such be held or
4 considered as a breach of this contract, for failure to provide
5 sewer services to User, growing out of any breakage, stoppage or
6 sewage "back-up" in sewer pipes, accident or injury of any kind
7 occurring to the sewer and sewage treatment system, or on account
8 of any suit, proceeding, judgment or decree in any court of
9 record, restraining or interfering with performance under this
10 contract on its duties hereunder; nor shall the City be held
11 accountable or liable under this Agreement for any failure to
12 supply sewer services growing out of any inahility to operate its
13 sewer or treatment system occasioned by any accident, Act of God,
14 strike, riot or public enemy.
15 8. City shall have the right to terminate this Agreement
16 and to disconnect the sewer lateral of User and cease sewer
17 services as herein provided by a ninety (90) day written notice
18 mailed either to User or to whomever may be the tenant in
19 occupancy of the User 1 s premises, provided that in case User
20 shall, at any time, make any default in the performance of any of
21 the covenants, conditions and agreements to be kept and performed
22 by it on its part, including payments herein provided for, and if
23 any such default shall continue for a period of thirty (30) days,
24 then and in that case, the contract may forthwith be terminated
25 at the option of the City upon giving ten (10) days notice in
26 writing of its intentions so to do, and thereupon the sewer
27 services may be discontinued.
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.: RES '93-22
1 9. Upon the annexation of the premises to the City of San
2 Bernardino, if and when such shall occur, this Agreement shall
3 automatically terminate and, thereafter, User shall pay the rates
4 applicable under San Bernardino Municipal Code Chapter 13 .16 or
5 other laws or amendments thereto hereinafter enacted.
6 10. User shall at all times keep City apprised of its
7 current residence and mailing addresses in the event user does
8 not do business or reside at the property herein described.
9 II. The covenants and agreements hereby created to benefit
10 the land are and shall be construed as covenants running with the
11 land, and each and every person accepting a deed to said property
12 shall thereby consent and agree to be bound by the covenants
13 herein contained to the same extent as though he had signed this
14 instrument. The undersigned, in executing and delivering any
15 deed to said property, shall insert in said conveyances, by
16 reference, that the same are made subject to the terms,
17 conditions and covenants herein contained, designating the book
18 and page of the record in which this instrument is recorded.
19 12. The rights and interest of User in this Agreement and
20 the use of City's sewer facilities pertain to the herein
21 described property only, and may not be assigned or transferred
22 for the benefit of any other property.
23 13. User shall save, keep and hold harmless the City its
24 officers, employees and agents, from all damages, costs or
25 expenses in law or equity that may at any time arise or be set up
26 because of damage to property, or of personal injury which may be
27 caused by any willful or negligent act or omission by the user,
28 its officers, employees or agents.
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RF;S,93-22
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SEWER CONNECTION AGREEMENT: MUSCOY ELEMENTARY SCHOOL
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IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement as of the date and year first above written.
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CITY OF SAN BERNARDINO,
a municipal corporatio!V""/
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~By/ L'. / ' '
L Mayor
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ATTEST:
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SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
13 Approved as to form
and legal content:
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By .fuu41.j ~J
James F. Penman
City Attorney
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