HomeMy WebLinkAbout1992-183
1
RESOLUTION NO. q7-11n
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARILYN CARLSON RELATING TO THE
3 EXTENSION OF A SEWER MAIN TO SERVE THE TWO LOTS CREATED BY PARCEL
MAP NO. 13320, ON SEPULVEDA AVENUE, NORTH OF 50TH STREET.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Marilyn Carlson relating to the extension
9 of a sewer main to serve the two lots created by Parcel Map No.
10 13320, on Sepulveda Avenue, north of 50th Street, a copy of which
11 agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13
The agreement shall not take effect until
SECTION 2.
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
This resolution is rescinded if the parties
SECTION 3.
19 to the agreement fail to execute it within sixty (60) days of the
20 passage of this resolution.
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
5-12-92
RESO: AUTHORIZING EXECUTION OF AN AGREEMENT WITH MARILYN CARLSON
RELATING TO EXTENSION OF SEWER MAIN ON SEPULVEDA .AVENUE,
NORTH OF 50TH STREET.
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
4 1st day of June
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
reaular
meeting thereof, held on the
, 1992, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
(/-) /t<;
..Ii ,,"~~k.LRJ I " ."-/U'. i_"~
Rachel Krasney, City Clerk
15
16
17
18
19
The foregoing resolution is hereby approved this
3rd
/~
June
, 1992.
day of
Approved as to form
20 and legal content:
21
22
23
24
25
26
27
28
James F. Penman
City Attorney
- 2 -
City of S'Bdno ~es 92-183 adopted 6/1/92
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
AGREEMENT
/"'7 iPI~ryIS AGREEMENT is made and entered into this 9 r\' day of
/-/-':I,~' 1992, by and between Marilyn Carlson, 4174
Mountain Drive, San Bernardino, CA., 92407, hereinafter referred
to as "OWNERS," and the City of San Bernardino, a municipal
corporation, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, Owner has received approval from the Planning
Commission of City, on 12-11-90, for Parcel Map No. 13320; and
WHEREAS, Parcel Map No. 13320 will divide Owner's 0.35
acre parcel, known as 5098 Sepulveda Avenue, into two residential
lots, and
WHEREAS, the sewer service will be needed upon development
of residences on these two lots; and
WHEREAS, City has a sewer main at the intersection of
Sepulveda Avenue and 50th Street, which could be extended
northerly in Sepulveda Avenue to provide sewer service to the two
lots that will be created by recordation of Parcel Map No. 13320,
and
WHEREAS, one of the conditions of approval for Parcel Map
No. 13320 is that the Owner shall enter into an Agreement with
City to pay the fair share of the cost for extension of the sewer
system to serve these two lots, and
25
WHEREAS, the owners of the parcel to the south, John and
26 Lissa Beach, have recently built a new residence, that is
27 temporarily on septic tank until the sewer main extension is
28 constructed, and
1 WHEREAS, a separate Agreement will be negotiated with the
2 Beach's to provide for them to pay their agreed upon fair share
3 price of the sewer main extension.
4 NOW, THEREFORE, the parties agree, as follows:
5 1. City shall:
6 a. Prepare plans, specifications, and estimate for
7 the installation of an 8-inch sewer main in
8 Sepulveda Avenue, from the existing main at 50th
9 Street to the north boundary line of Parcel Map
10 No. 13320.
11 b. Construct by contract the sewer main, and
12 appurtenant facilities, in accordance with the
13 approved plans and special provisions.
14 c. Provide wyes for connection of sewer laterals and
15 install a 4-inch lateral, to the street right-of-
16 way line, for each lot, if requested by the owner.
17 d. Submit the plans and estimate of cost to Owner for
18 review and approval, prior to advertising for
19 bids.
20 e. Finance the entire cost of extending the sewer
21 main in Sepulveda Avenue.
22 2. OWNER agrees:
23 a. That a payment equivalent to each lot's fair share
24 cost shall be paid to City, prior to issuance of a
25 Building or Grading Permit. The fair share cost
26 for each lot will be the frontage (70 feet)
27 divided by the total length of sewer main
28 installed (estimated at 320 feet) times the total
- 2 -
r'
I
AGREEMENT: EXTENSION OF SEWER MAIN IN SEPULVEDA AVENUE
1
2
actual cost, including construction contract and
engineering costs; plus the total cost for the
3 laterals, if any.
4
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 agreement on the day and year first above shown.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
r:;J;
CITY OF SAN BERNAR~~'
'-7 "
~' ~',;;;' // //
, r /. '// " // j'" /_/ . "
.4\y // . / ~- /,/
" W: ~61C6~ Mayor'
JV. CI~ 'Q3' '-
"'--._ ... '" L
92407
ATTEST:
) . ,
)'1: .,-z-A_c t
City"Clerk
/ }(....
1- ." ,..(
/
Approved as to form
and legal content:
James F. Penman
City Attorney
!~
25
26
27
28
- 3 -