HomeMy WebLinkAbout1993-203
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RESOLUTION NO.
93-203
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MR. AHSAN HABIB RELATING TO
3 REIMBURSEMENT OF COSTS FOR EXTENSION OF SEvIER MAIN IN MEYERS
ROAD, EAST OF LITTLE LEAGUE DRIVE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS,
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City,
an agreement with Mr. Ahsan Habib, relative to reimbursement of
costs for installation of a sewer main in Meyers Road, east of
Little League Drive, a copy of which agreement is attached hereto
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
SECTION 2.
The agreement 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 agreement is fully
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executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above--
referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (60) days of the passage of this
21 resolution.
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5-21-93
RES 93-203
RESO: EXECUTING AGREEMENT WITH MR. AHSAN HABIB RELATING TO
REIMBURSEMENT OF COSTS FOR EXTENSION OF SEWER MAIN.
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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 iJ. _r..e.gW.<lJ::____meeting thereof, held on the
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21st_day of June
, 1993, by the following vote, to--wit:
ABSTAIN
ABSENT
Council !>lembers:
AYES
NAYS
6 NEGRETE
_x_
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (OFFICE VACANT)
-.X._
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_1L-
11 POPE-LUDLAM
12 MILLER
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__A__
_ x
(-;){~ ~
~el Clark, City Clerk
The foregoing resolution is hereby approved this ~~~
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day of
,111np.
, 1993.
~
~d
, Mayor Pro
Bernardino
Edward V. Negrete
Ci ty of San
em
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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Byr~ }
()
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RES 93-203
Res'. 93-203
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A G R E E MEN T
d-- '--\ -\-h')
AGREEMENT entered into this
day of
THIS
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, 1993, by and between the City of San Bernardino,
a charter city ("City"), and
AHSAN HABIB
(Subdivider).
WITNESSETH:
WHEREAS, Subdivider is developing Parcel Map No. 12810,
located on the southerly side of Meyers Road, 1,006 feet east of
Little League Drive; and
WHEREAS, Subdivider has extended the City's sewer system
from its existing terminus at the intersection of Little League
Drive and Meyers Road, 1,006 feet easterly in Meyers Road, to
serve his project; and
WHEREAS, the extension along Meyers Road is a logical and
reasonable extension of the sewer line; and
WHEREAS, there are other undeveloped properties along
Meyers Road that can be served by the extension upon development;
and
WHEREAS, there are sufficient unencumbered monies in the
sewer line construction fund to finance the line and this
extension will not conflict with or delay the five-year sewer
line construction plan; and
WHEREAS, the extension is in compliance with the City's
General Plan; and
WHEREAS, applicant is not receiving any other form of
government financing; included, but not limited to inducement,
reimbursement, or fee waiver; and
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RES 93-203
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WHEREAS, Ordinance No. MC-663 provides for reimbursement
of cost if a developer is required to extend the sewer system
more than 300 feet; and
I'IHEREAS, Subdivider has submitted two (2) copies of an
audited report of his cost in constructing the sewer main.
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
1. Subdivider has constructed a sewer main in Meyers
Road in accordance with plans approved by the Director of Public
Works/City Engineer and has dedicated same to the City for
operation and maintenance.
2. City shall, within 60 days of execution of this
agreement, reimburse subdivider in the amount of Thirty-Seven
Thousand Fifty-Four Dollars and Forty-Seven Cents ($37,054.47),
which represents the cost of the sewer main installation in
excess of 300 feet from subdivider's property.
3. This Agreement shall terminate 10 years after the
effective date.
4. This Agreement shall not create between the parties
relationship
employer-employee,
principal-agent,
of
the
partnership or any other relationship except as specifically
outlined herein.
Waiver by the City of any breach of this Agreement shall
not be construed as a waiver of any other breach.
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{lES 96":203
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SEWER REIMBURSEMENT AGREEMENT:
ROAD.
INSTALLATION OF SEWER IN MEYERS
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5. Any notice to be given under this Agreement shall be
2 given from one party to the other, in writing, by deposit in the
3 United States Postal Services, postage prepaid and addressed as
4 follows:
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City
Subdivider
City Administrator
300 North "D" Street
San Bernardino, CA. 92418
Ahsan Habib
766 E. Norbert Drive
San Bernardino, CA 92404
Nothing
in this
paragraph
shall be construed as
preventing the giving of such notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
CITY OF SAN BERNARDINO
ATTEST:
4- /~o,~
. Mayor Pro
C~~~L
By
Approved as to form
and legal content:
SUBDIVIDER
~2t~~:oo,
SuB))! v lyop{L
By
Title
James F. Penman
22 City Attorney
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