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RESOLUTION NO. / /J~ 1
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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 _ ~ ~ ~;;</ meeting thereof, held on the /:P#!
19 day of ~~ ,1970 , by the vote, to wit:
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AYES:
Councilmen
NAYS:
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ABSENT:
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'~~-:7:~>/~i>ty / e~
re,olntion " hereby approved 'h',;7<2<<' day
The foregoing
of ~.-/L;
San Bernar ~no
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FILED
form:
MAR 2;) 1973
LUCILkE GOFORTH, City Clerk
.~~~'~'~TY
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AG!~EJiME[!T
(Se~'ler Connection and' Service)
THIS AGREEl>iENT, made and entered into this /f hi . day
mb1~) , 191, by and between WESTERN
CON~ALESC~T HOSPITALS. LTD. - SAN BERNARDINO hereinafter
referred to as "User", and the CITY OF SAN BERNARDINO, a
of
municipal corporation of the State of California, hereinafter
referred to as "City";
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WIT N E SSE ,T H :
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WHEREAS, User is the owner of certain premises commonly
4164 Fourth Avenue
lcnovm as
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12 San Benlardino, California, and more particularly described as
13il follovlS, to wit:
1411
II Parcell:
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B- Unit 2
South 127 feet, North 734 feet, West
640 feet, East 660 feet w1/2 sw1/4 sec.
16 TD INR 4 W Exst 1.83 Ac M~l
Cg~.T~ ;c:;?~,;;;~
'=1 CY E ',311~E lOR
l_ ~~......o.l:-_2_-: 7 5,
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HllE1Cl':.A.S, the above descJ:ibeu premises arc presently located
outside the cHy limits of City; and
HHEREAS, tbc, above described premises are not presently
served with sewer; and
HHEREAS, it is the desire of the parties hereto that User
may avail himself of City1s sewer facilities;
NOH, THEREFORE, in consideration of the promises and of
mutual covenants and agreements herein, it is mutually understood
and agreed as follows:
1. City hereby permits User to install and construct a
sewer lateral connecting tllli sewer system in any building on
the above described premises to an existing sewer main of City.
Said installation, construction and connection shall be made at
Userls sole cost and expense.
2. User agrees to abide by all the terms and provisions
of Ordinance No. 2158 of , City, made a part hereof by reference,
which shall include, .but is not limited to, the Userls agreeing
to apply for and obtain from City an. appropriate permit for the
aforesaid sewer connection, pay all fees necessary for such
permit and sewer connection, cause ,all appropriate inspections
to be made and comply with all conditions and requirements made
by the Office of the City Engineer of the City, or as may be
provided in said Ordinance No. 2158 or other ordinances, laws,
or amendments thereto hereinafter enacted.
3. User agrees to apply for and obtain from the County of
San Bernardino all necessary permits, including a street cut
permit.
4. User agrees to pay to City as sewer service charges
the sum of Five Dollars and Fifty Cents ($5.50) per month, per
dwelling unit. Such monthly sewer charge may be increased by
action of the Mayor and Common Council provided, in no event,
shall the monthly sewer service charges for the premises covered
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by this Agreement be greater than 3.67 times as much as would
be imposed upon the premises or property in question if it were
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located within the city limits.
5. User agrees to abide by City's rules and regulations
51 arid laws relative to the maintenance and operation of City's
6 sewer and sewage treatment system and of the Useris sewer and
7 plumbing system, including, but not limited to, Ordinance NOQ
8 3034 or other ordinances, laws, or amendments hereinafter
9 enacted regulating the ,discharge of wastes into the City sewage
10 system.
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6. In case it may become necessary to repair or replace
12 any part of the sewer system, City is hereby authorized to close
13 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 n~y be necessary for the protection of said
16 sewer system, or to meet the exigency of the situation. It is
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expressly covenanted and agreed that City shall not be held
liable or accountable for any bursting, breakage, stoppage, or
acc ident of any kind that may occur to said sewer system, con-
nection, or sewer lateral and User hereby covenants and agrees
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
24 this Agreement.
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7. It is mutually covenanted and agreed that City shall
26 not be accountable or liable, nor shall such be held or consid-
27 ered as a brea;h 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 i',,' duties hereunder; nOJ~ shall the City be held
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accountalJle {Ji,' JjJlble Ulltter: thi.s Agreernent for any failure to
supply se\\1er ,,,cJ:vi.ces groving out of any inability to operate
its seller or treatment system occasioned by any accident, Act
5 of God, strike, riot or public enemy.
8. City shall have the right to terminate this Agreement
and to disconnect the sewer latel"al 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 Userls 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 forthwith be terminated
at th e option of the City upon giving ten (10) days notice in
writing of its intentions so to do, and thereupon the sewer ser-
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 Ordinance No. 2175 or other laws or
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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-
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ment shall terminate and anyone succeeding to or acquiring the
interest or title of User shall have no rights or interest in
this Agreement or in the use of City's sewer facilities.
. The rights and interest of User in this Agreement and the
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1" use of City1s sewer facilities may be assigned or transferred
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only upon the prior 'written consent: of City"
IN WITNESS HHEREOF, the part ies hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARDINO
User
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