HomeMy WebLinkAbout1990-240
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RESOLUTION NO. 90-240
3 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT FOR SEWER CONNECTION AND
4 SEWAGE TREATMENT BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND JOHN C. HEERS
5 DEVELOPMENT COMPANY, ADDING LOTS 4 AND 5 OF TRACT 10532-1 TO THE
AGREEMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor of the City of San Bernardino is
9 hereby authorized and directed to execute on behalf of said City,
10 Amendment No. 1 to Agreement between the City of San Bernardino,
11 Board of Water Commissioners of the City of San Bernardino, and
12 John C. Heers Development Company relating to sewer connection and
13 sewage treatment for Lots 4 and 5 of Tract No. 10532-1, a copy of
14 which is attached hereto, marked Exhibit "A" and incorporated
15 herein by reference as fully as though set forth at length.
16 I HEREBY CERTIFY that the foregoing Resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a requ1ar meeting thereof, held on
19 the 18th day of June , 1990, by the fOllowing
20 vote to wit:
21 Council Members: AYES NAYS ABSTAIN
22 ESTRADA x
23 REILLY x
24 FLORES x
25 MAUDSLEY x
26 MINOR x
27 POPE-LUDLAM x
28 MILLER x
5-29-90
RESOLUTION APPROVING AMENDMENT NO. 1 FOR SEWER CONNECTION AND SEWAGE TREATMENT
ADDING LOTS 4 AND 5 OF TRACT NO. 10532-1 TO THE AGREEMENT.
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SHAUNA CLARK, CITY CLERK
The foregoing Resolution is hereby approved this o?&,~
day
June
, 1990.
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APPROVED AS TO FORM
11 AND LEGAL CONTENT:
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JAMES F. PENMAN,
City Attorney
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5-29-90
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AMENDMENT NO. 1
TO
AGREEMENT FOR
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AMENDMENT, is made and entered into this ~i.c day of
(.' -~\ ';
. cj:J'4 ' 1990, between the CITY OF SAN BERNARDINO,
hereinafter ~~ll~ "City", the BOARD OF WATER COMMISSIONERS OF THE
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CITY OF SAN BERNARDINO, hereinafter called "Board", and JOHN C.
HEERS DEVELOPMENT COMPANY, hereinafter called "Developer".
1. Recitals
A. Developer entered into an Agreement for Sewer Connection
and Sewage Treatment with the City and Board in 1985 for the
provision of sewer service for Tract No. 10532. The basis of the
City and Board entering into an agreement was that the City and
Board had entered into an agreement with Dale W. O'Neal and Eugene
M. Malone on September 7, 1979 for the purpose of providing sewer
service to all of Tract Nos. 10532 and 10532-1.
B. Developer has acquired title to Lots 4 and 5 of Tract No.
10532-1, for which there are Fifty-One (51) sewer connections
remaining in the original agreement with O'Neal and Malone that are
assignable.
2. In consideration of the agreements, covenants, conditions
and restrictions herein contained, the parties agree to amend the
Agreement for Sewer Connection and Sewage Treatment as follows:
Section 1, Recitals, is hereby amended to read as follows:
"B. Developer acquired title to the following real property:
1. Tract No. 10532, more particularly described as:
The south two-thirds of Lot 2, Block 72, Rancho San
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1 Bernardino, as per plat recorded in Book 7 of Maps,
2 Page 2, records of the County of San Bernardino.
3 2. Lots 4 and 5, Tract No. 10532-1, as per plat
4 recorded in Book 150 of Maps, pages 13 and 14,
5 records of the County of San Bernardino."
6 "D. Agreement entered into on September 7, 1979, provides for
7 One Hundred Thirty-Eight (138) sewer connections for real
8 property known as Tract No. 10532 and Fifty-One (51)
9 sewer connections for the real property known as Tract
10 No. 10532-1."
11 "E. Developer has submitted plans to the County of San
12 Bernardino for a Three Hundred and Eighty-Four (384) unit
13 apartment complex on this property. This proposed
14 development requires 294 equivalent dwelling units sewer
15 connections."
16 section 2, TIMING OF DEVELOPMENT, is hereby amended to read
17 as follows:
18 "City, Board and Developer agree that the Developer is
19 initially limited to One Hundred Eighty-Nine (189)
20 equivalent dwelling units (EDU' s). This right to connect
21 One Hundred Eighty-Nine (189) EDU I s will allow the
22 development of Two Hundred Fifty-Two (252) apartment
23 units. For consideration of $1.00, receipt of which is
24 hereby acknowledged, City and Board agree that at such
25 time as Board achieves substantial completion of
26 construction work performed on the Solids Handling
27 Improvement Project, developer will be authorized to
28 request an amendment to this Agreement to obtain sewer
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connections for One Hundred and Five (105) additional
equivalent dwelling units. Such request for an amendment
to increase sewer connections will be filed with the
Board."
3. All other terms, covenants, conditions and restrictions
set forth in the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARD /
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ATTEST:
:Z.:!;~~~RK:i'c'i..:!k JU~ti:J
City Clerk
(SEAL)
BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO
By:
ATTEST:
JOHN C. HEERS
DEVELOPMENT COMP
.Ji
BERNARD C.
Secretary
(SEAL)
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(SEAL)
APPROVED AS TO FORM
AND LEGAL CONTENT:
UL/
By:
JAMES F. PENMAN
City Attorney
BY~ J /2~~~d~~
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