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RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
3 SAID CITY AND WESTERN CONVALESCENT HOSPITALS, LTD. - SAN BER-
NARDINO; AND PERMITTING SEWER SERVICE TO CERTAIN DESCRIBED PREM-
4 ISES LOCATED IN UNINCORPORATED TERRITORY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
.8 authorized and directed to execute on behalf of said City an
9 agreement between said City and Western Convalescent Hospitals,
10 Ltd. - San Bernardino permitting sewer service to certain described
11 premises located in unincorporated territory,
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a copy of
14 which is attached hereto, marked Exhibit "I" and incorporated
15 herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San Ber-
18 nardino
at a ,1 -/ .d'"d~.J meeting thereof, held on the ,,/ 9d
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19 day of
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NAYS:
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following vote, to
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wit:
AYES:
Councilmen
ABSENT:
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Clerk
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The foregoing resolution is hereby
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//z.t-U4t/ , 197,,3 .
thisv<"/~ day
San Bernar :Lno
as to form:
FILED
fvtL\H 2 J 1973
~~GOFORT,H,_~~~. Clerk
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~G8_EK~qqlr
(S"Mcr ConnGct ion and Service)
THIS AGREJ~i'iENT, made
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and entered into this
1971, by and between
/~ day
WESTERN
LTD.~~ BERNARDINO
hereinafter
6 referred to as "User", and the CITY OF SAN BERNARDINO, a
7 municipal corporation of the State of California, hereinafter
8 referred to as "City";
9 W!IN!~~!~H~
10 WHEREAS, User is the owner of certain premises commonly
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known as
4160 Fourth Avenue
,
12 San Bernardino, California, and more particula.rly described a.s
13 fo llows, to wit:
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Parcel 1:
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A- Unit 1
South 127 feet, North 607 feet, West 640
feet, East 660 feet w1j2 sw1j4 sec. 16
TP IN RhW 1.87 Ac M-1
[>AT< 3 - q - 7
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\fHEREAS, the above described premises are presently located
outside the city limits of City; and
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WHEREAS, the above described premises are not presently
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served with se,,]er; and
vlHEREAS, it is the des ire of the part ies hereto that User
may avail himself of CityIs sewer facilities;
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NOW, THEREFORE, in consideration of the promises and of
8 mutual covenants and agreements herein, it is mutually understood
9 and agreed as follows:
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1. City hereby permits User to install and construct a
11 sewer lateral connecting the sewer system in any building on
12 the above described premises to an existing sewer main of City.
13 Said installation, construction and connection shall be made at
14 UserIs sole cost and expense.
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2. User agrees to abide by all the terms and provisions
16 bf Ordinance No. 2158 of City, made a part hereof by reference,
17 which shall jnclude, but is not limited to, the UserIs agreeing
18 to apply for and obtain from City an appropriate permit for the
19 aforesaid sewer connection, pay all fees necessary for such
20 permit and sewer connection, cause all appropriate inspections
21 to be made and comply with all conditions and requirements made
22 by the Office of the City Engineer of the City, or as may be
23 provided in said Ordinance No. 2158 or other ordinances, laws,
24 or amendments thereto hereinafter enacted.
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3. User agrees to apply for and obtain frbm the County of
26 San Bernardino all necessary permits, including a street cut
27 permit.
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4. User agrees to pay to City as sewer service charges
29 the sum of Five Dollars and Fifty Cents ($5.50) per month, per
30 dwelling unit. Such monthly sewer charge may be increased by
31 action of the Mayor and Common Council provided, in no event,
32 'shall the monthly sewer service charges for the premises covered
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by this Agreement be greatel" than 3.67 times as much as would
be irrvosed upon the premises or property in question if it were
located within the city limits.
5. User agrees tc abide by City's rules and regulations
and laws relative to the maintenance and operation of City's
sewer and sewage treatment system and of the User's sewer and
plumbing system, including, but not limited to, Ordinance NOD
3034 or other ordinances, laws, or amendments hereinafter
enacted regulating the discharge of wastes into the City sewage
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system.
6. In case it may become necessary to repair or replace
12 any part of the sewer system, City is hereby authorized to close
131 any valve or valves in any of the mains in the City or at the
14 point of connection between the main or lateral of City and the
15 lateral of User as may b~ necessary for the protection of said
16 sewer system, or to meet the exigency of the situation. It is
17 I expressly covenanted and agreed that City shall not be held
18 liable or accountable for any bursting, breakage, stoppage, or
19 accident of any kind that may occur to said sewer system, con-
20 nection, or sewer lateral and User hereby covenants and agrees
21 to save and hold harmless City and its officers, employees or
22 agents from any and all loss, damage or expense that User may
23 incur or suffer by reason of the execution or performance of
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this Agreement.
7. It is mutually covenanted and agreed that City shall
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26 not be accountable or liable, nor shall such be held or consid-
27 ered as a breach of this contract, for failure to provide sewer
28 services to User, growing out of any breakage, stoppage or
29 sewage "back-up" in sewer pipes, accident or injury of any kind
30 occurring to the sewer and sewage treatment system, or on account
31 of any suit, proceeding, judgment or decree in any court of
32 record, restraining or interfering with performance under this
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contract on its duties hereunder; nor shall the City be held
accountable or liable under thi.s Agreement for any failure to
supply sewer services growing out of any inability to operate
its sewer or treatment system occasioned by any accident, Act
of God, strike, riot or public enemy.
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8. City shall have the right to terminate this Agreement
and to disconnect the sewer lateral of User and cease sewer
services as herein provided by a ninety (90) day written notice
mailed either to User or to whomever may be the tenant in occu-
pancy of the User's premises, provided that in case User shall,
at any time, make any default in the performance of any of the
covenants, conditions and agreements to be kept and performed
by it on its part including payments herein provided for, and if
any such default shall continue for a period of thirty (30) days,
then and in that case, this contract may forth\'lith be terminat,ed ,
at III e option of the City upon giving ten (10) days notice in
writing of its intentions so to do, and thereupon the sewerser-
vices may be discontinued.
9. Upon the annexation of the premises to the City of San
20 Bernardino, if and when such shall occur, this agreement shall
21 automatically terminate and, thereafter, User shall pay the
22 rates applicable under City Ordillance No. 2175 or other laws or
23 amendments thereto hereinafter enacted.
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10. This Agreement is personal as between the parties
25 hereto and shall give no right or interest whatsoever to the
26 heirs, assigns, devisees or successors-in-interest of User.
27 In the event User shall be divested of his interest or
28 title in the real property described herein, then this Agree-
29 ment shall terminate and anyone succeeding to or acquiring the
30 interest or title of User shall have no rights or interest in
31 this Agreement or in the use of City's sewer facilities.
32 The rights and interest of User in this Agreement and the
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use of Cit:y's sewer facilities may be assigned or transferred
Attest:
only upon the p!:'ior written consent of City.
IN HITNE:JS HHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARD nw
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form:
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March 26, 1973
Western Convalescent Hospitals, Ltd.
San Bernardino
3113 Nevada Avenue
E1 Monte, California 91731
Gentlemen:
Enclosed are two copies of the agreement between
the City and Western Convalescent Hospitals, Ltd. - San
Bernardino, permitting sewer service to 4160 Fourth Ave-
nue, and two copies of the agreement permitting sewer
service to 4164 Fourth Avenue.
Please execute all copies and return them to the
City Clerk's Office, 300 North "D" Street, San Be.rnar-
dino, 92418.
Very truly yours,
LUCILLE GOFORTH
City Clerk
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ShanJin Jlit~
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-.:>anUal'ium
AND
Coywa!eo cenI
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;tl#SAN1TARIUM
If 4164 - 4th Ave.
it Son Bernardino, Co. 92407
Telephone (714) 886-6786
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ADMINISTRA TOR - LURA L. RUMPLE
CONVALESCENT HOSPITAL
-4160 - 4th Ave.
Son Bernardino, Ca. 92407
Telephone {714) 882.0212
City of SM Bernardino
City Engineering Depart.'1lent
City Hall
Subject:
Sewer connection
Attn:
Hr. Purdy Hicks, Enginner
Dear Hr. Hicks:
We hereby submit this letter in the form of a request to eennect
our two hospitals to the SM Bernardino S8'der System as soon as
possible.
\-lee have contraoted with a loea-"\. plumbing f.;,..m, EV1!ns Plumbing,
p
to"perform all work required to OOimect.
Please find enclosed the legal deTIcription of the above mentioned
property and the n&"e of the property O~lers.
If you MY )~urther questions, please do not hesitate to call me at
$86-6786.
Ver )~rly yours, /l
,7'/ il:I.C~ /y)"/1-~. -<'.L~~
7 a1'"v..t}'I'~;al~' ,
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ShanJin .JJitla
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Sanitarium
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AND
Convaleocenl ..JJoopilaf
ADMINISTRA TOR - LURA L. RUMPLE
CONVAL.ESCENT HOSPITAL
4160 - 4th Ave.
San Bcrn8rdino, Co. 92407
Telephone (714) 882~0212
SANITARIUM
4164 - 4th Ave.
San Bernardino, Ca. 92407
Telephone (714) 8B6~6786
February 21, 1973
Hr. Purdy Hicks, City Engineer
City of San Bernardino
City Hall
O^TIers of Property located at 4160 and 4164 Fourth !venue, Sa~ Bernardino,
California:
:lESTERN CONV I,LESCENT PDSPITALS, LTD.-
SAi'j IERNARDI NO .
3113 Nevada Aveune
E1 Monte, California 91731
21,3/ 448-9724
Sidney Kading
Jack Jacobs
Gary Kading
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