HomeMy WebLinkAbout1989-120
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RESOLUTION NO.
89-120
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, AUTHORIZING THE JOB CORPS CENTER TO CONNECT
THEIR PROPERTY LOCATED AT 3173 KERRY STREET, OUTSIDE THE INCOR-
PORATED TERRITORY OF THE CITY, TO THE CITY'S SEWER SYSTEM.
WHEREAS, the Inland Empire Job Corps Center owns property
outside the incorporated territory of the City, such premises
are utilized to provide vocational training and education to
young people who are unemployable; and
WHEREAS, the existing facilities are not connected to the
City's sewer system and the current sewage disposal system is
creating a water quality problem, due to the volume being dis-
charged and the inability to add additional leach fields; and
WHEREAS, the Board of Water Commissioners have reviewed the
request to connect to the City's sewer system and approved this
request.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SE~~lQ~_l~
The Inland Empire Job Corps Center, located at
3173 Kerry Street, outside the incorporated area of the City, is
hereby authorized to connect their facility to the City's Sewer
system.
SE~~lQN_2~
The Inland Empire Job Corps Center, as a con-
dition of approval, shall enter into an agreement for sewer
service.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
4/10/89
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7 ---~~-~------- , 19 L~2, by and between -~~~-_____~~~_____
8 ---~Q~-~Q~~---------------- , hereinafter referred to as .USER-,
9 and the City of San Bernardino, a municipal corporation of the
10 State of California, hereinafter referred to as .CITY-;
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12 WHEREAS, User is the owner of certain premises commonly known
3173 Kerry Street
13 as --------------------------------------------------------------,
14 California, and more particularly described as follows to wit:
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19 outside the city limits of City; and
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21 serv ice; and
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25 mutual covenants and agreements herein, it is mutually understood
26 and agreed as follows:
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A G B B E M E H 7
(Sewer Connection and Service)
THIS AGREEMENT, made and entered into
this __t.3_t...h____
day of
WITNESSETH:
__Ji~~~h~~~t_29~E~S__Qf_~~II3__~tE~~t_~E~_~_~a~~__~~~~~~____
WHEREAS, the
above described premises are presently
located
WHEREAS, the above described premises does not receive
sewer
WHEREAS, it is the desire of the parties hereto that User may
avail himself of City's sewer facilities}
N~,
in
of
considerati9n
of
the promises and
THEREFORE,
1. City hereby permits User to install and construct a
sewer lateral connecting the sewer plumbing system in any building
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1 on the above described premises to an existing public sewer main
2 of City. User shall be responsible for the repair a~d maintenance
31 of the sewer lateral up to the point it connects to the public i
4, sewer main. Said installation, construction and connection shall
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5 be made at User's sole cost and expense.
6 2. User agrees to abide by all the terms and provisions of
7 the San Bernardino Municipal Code, Chapters 13.08, 13.16 and
8 13.32, made a part hereof by reference, which shall include, but
9 is not limited to, the User's agreeing to apply for and obtain
10 from City an appropriate permit for the aforesaid sewer connect-
11 ion, pay all fees necessary for such permit and sewer connection,
121 cause all appropriate inspections to be made and comply with all
13 conditions and requirements made by the office of the City Engi-
14, neer and other departments of the City, or as may be provided in
15 said San Bernardino Municipal Code Chapters 13.08 and 13.32 or
16, other ordinances, laws, or amendments thereto hereinafter enacted.
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3.
User agrees to apply for and obtain from the government-
18, al entity having jurisdiction all necessary permits, including a
19 street or highway permit for the sewer line.
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21 charges for sewer services as set forth in Resolution No. 83-279
22 or any subsequent amendment thereto. Such monthly sewer service
23 charges may be increased at any time by action of the Mayor and
24 Common Council to cover increased operating or maintenance costs
25 of, or improvements or additions to, the wastewater treatment
26 system and sewer system of City.
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28 laws relative to the maintenance and operation of City's sewer and
4.
User
agrees to
pay
to
City
the
applicable
monthly
5.
User agrees to abide by City's rules and regulations and
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1 wastewater treatment system and of the User's sewer and plumbing
2 system, including, but not limited to~ San Bernardino Municipal
3 COQe Chapter 13.32, or other ordinances, laws, or amendments
4 hereinafter enacted regulating the discharge of wastes into the
5 City sewage system.
6 6. In case it may become7necessary to repair or replace any
7 part of the sewer system, City is hereby authorized to close any
8 valve or valves in any of the mains in the City or at the point of
9 connection between the main or lateral of City and the lateral of
10 User as may be necessary for the protection of said sewer system,
11 or to meet the exigency of the situation. It is expressly cove-
12 nanted and agreed that City shall not be held liable or account-
13 able for any bursting, breakage, stoppage, or accident of any kind
14 that may occur to said sewer system, connection, or sewer lateral
15 and User hereby covenants and agrees to save and hold harmless
16 City and its officers, employees or agents from any and all loss,
17 damage or expense that User may incur or suffer by reason of the
18 execution or performance of this Agreement.
19 7. It is mutually covenanted and agreed that City shall not
20 be accountable or liable, nor shall such be held or considered as
21 a breach of this contract, for failure to provide sewer services
22 to User, growing out of any breakage, stoppage or sewage .back-up.
23 in sewer pipes, accident or injury of any kind occurring to the
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sewer and sewage treatment system, or on account of any suit,
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proceeding, judgment or decree in any court of record, restrain-
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ing or interfering with performance under this contract on its
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duties hereunder; nor shall the City be held accountable or liable
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unde( this Agreement for any failure to supply sewer services
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growing out of any inability to operate its sewer or treatment
system occasioned by an~ accident, Act of God, strike, riot or
public enemy.
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
occupancy 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, the contract may forthwith be terminated at
the option of the City upon giving ten (10) days notice in writing
of its intentions so to do, and thereupon the sewer services may
be discontinued.
9. Upon the annexation of the premises to the City of San
Bernardino, if and when such shall occur, this agreement shall
automatically terminate and, thereafter, User shall pay the rates
applicable under San Bernardino Municipal Code Chapter 13.16 or
other laws or amendments thereto hereinafter enacted.
10. This Agreement is personal as between the parties hereto
and shall give no right or interest whatsoever to the heirs,
assigns, devisees or successors-in-interest of User.
In the event User shall be divested of his interest or title
in the real property described herein, then this Agreement shall
terminate and anyone succeeding to or acquiring the interest or
title of User shall have no rights or interest in this Agreement
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or in the use of City's sewer facilities.
The ~ights and interest of User in this Agreement and the use
City's sewer
facilities may be assigned
or transferred
only
upon the prior written consent of City.
IN WITNESS WHEREOF, the parties hereto
have
executed
this
Agreement as of the date and year first above written. ~
Y OF SAN BERNARDmO
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'i/17/12-
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Approved as to form
and Legal Content:
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C I T Y
o F
SAN
B ERN A R DIN 0
INTEROFFICE MEMORANDUM
''''Ii;'
TO:
FROM:
RACHEL KRASNEY, City Clerk
r'
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ROGER G. HARDGRAVE, Director of Public Works/City
Engineer
SUBJECT: Agreement Authorizing Connection of 3173 Kerry Street
to the City.s Sewage System
DATE: August 21, 1992
FILE NO: 3.036
Attached for your files is the original of the agreement with
Inland Empire Jobs Corp., authorizing connection of their un-
incorporated property to the City's sewage system.
The agreement has been executed by the Director of Public
Works/City Engineer on behalf of the City as authorized and
di rected by Resol uti on No. 89-120, adopted by the Mayor and
Council on May 3, 1989.
A copy of the agreement is being sent to the Water Department
and Public Services Division to insure that the appropriate
monthly sewer charge is collected.
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
4~'v
UN HO KIM
ivil Engineering Associate
YHK:pa
Attachment
cc: Manuel Moreno Jr., Director - Public Services
Bernie Kersey, General Manager - Water Department
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