HomeMy WebLinkAbout1988-035
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RESOLUTION NO. 88-J5
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
4 BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND
EMERICH & COMPANY, INC., PAUL Y.H. HSU AND DONALD S. CLURMAN
5 RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT FOR TRACT NO.
10297-3.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City an
10 Agreement between the City of San Bernardino, Board of Water
11 Commissioners of the City of San Bernard ino, and Emerich &
12 Company, Inc. , Paul Y.H. Hsu and Donald S. Clurman relating to
13 connection and treatment for Tract No. 10297-3,
sewer sewage a
14 of which is attached hereto, marked Exhibit "A" and
copy
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incorporated herein by reference as fully as though set forth at
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leng th .
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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ernardino at a
meeting thereof, held on
reoular
February
, 1988, by the following vote,
1st
day of
the
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to wit:
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AYES:
Council Members Estrada, Reilly, Flores.
Maudsley, Minor, Pope-Ludlam, Miller
None
NAYS:
None
ABSENT:
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p
City Clerk
Resolution fer Agreement: Sewer
Connection and Treatment
1 The foregoing resolution is hereby approved this Sfij day of
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Februarv
, 1988.
Approved as to form
and legal content
v.';_.~ .*.
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A G R E E MEN T
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AGREEMENT is made and entered into this /'zt1. day of
~~~~ ' 1988, between the CITY OF SAN BERNARDINO,
hereinafter called "City", the BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO, hereinafter called "Board", and
EMERICH & COMPANY, INC., PAUL Y.H. HSU AND DONALD S. CLURMAN,
hereinafter called "Developer".
In consideration of the agreements, covenants, conditions,
and restrictions herein contained, the parties hereby agree as
follows:
1. Recitals.
A. City and Board entered into an agreement with E.J.
Miller on September
1979, to provide
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sewer
connection and
sewage treatment for certain real
property known as Tract No. 10297 and an R.V. Park,
more particularly described and depicted in tentative
maps filed with the County of San Bernardino.
B. Developer acquired title to the real property known as
Tract 10297-3 and more particularly described as:
Parcel 3 of Parcel Map No. 4840 in the County of
San Bernardino, State of California, as per plat
EXHIBIT "A'l
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recorded in Book 53 of Parcel maps, pages 97 to
99, inclusive, records of said County and amended
by map recorded in Book 54 of Parcel Maps, pages
75 to 77, inclusive, records of said county.
Excepting therefrom a portion lying within Tract
10297-1 recorded in Book 156 of maps, pages 95 to
97, inclusive, and Tract 10297-2 recorded in book
159, pages 23 to 25, inclusive, records of said
County.
C. The real property is physically located outside the
corporate limits of the City, but within the Zone of
Influence of the City as approved by the San Bernardino
Local Agency Formation Commission.
D. Agreement entered into on September 4, 1979 provides
for One Hundred Sixty-Six (166) sewer connections for
the real property known as Tract No. 10297 and 10297-3.
E. Developer has submitted plans to the County of San
Bernardino for One Hundred Twenty-Three (123) dwelling
units on this property.
This proposed development
requires 123 equivalent dwelling unit sewer connec-
tions.
F. Developer acknowledges that the sewer collection system
is under the jurisdiction of the City and that treat-
ment facilities are under the jurisdiction of Board.
G. Developer acknowledges that Board's treatment plant is
currently under a cease and desist order of the Santa
Ana Regional Water Quality Control Board of the State
of California and that modifications are necessary to
handle additional capacity.
H. Board has secured grants and other funding to finance
the necessary modifications.
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I. This agreement supercedes and replaces the prior agree-
ment dated September 4, 1979 as it relates to the real
property known as Tract 10297-3 and described in Sec-
tion l(B) of this agreement.
2. CONNECTIONS AUTHORIZED. City, Board and Developer
agree that the Developer is limited to One Hundred
Twenty-Three (123) equivalent dwelling units (EDU'S).
This right to connect One Hundred Twenty-Three (123)
EDU'S will allow the development of One Hundred Twenty-
Three (123) single family dwelling units.
3. CAPACITY CHARGE. Developer will pay to City, through
the Public Services Department, for transmittal to the
Board, the one-time capacity fee for each equivalent
dwelling unit at the time building permits are obtained
from the County of San Bernardino. The cost shall be in
accordance with the schedule of sewer connection fees
designated for improvements of the Wastewater Treatment
Plant in effect at the time the fees are paid as adopted
by City ordinance or resolution.
4. Collection System Charge. Developer shall pay to City,
through Public Services Department, the one-time
collection system charge of $200.00 per bedroom at the
time building permits are obtained, the proceeds of
which are reserved for the repair, enlargement and
construction of City's sewage collection system. In the
event that the present $200.00 per bedroom fee is
changed by City ordinance or resolution, payment will be
made in accordance with the fee in effect at the time of
1 actual application for a sewer connection permit.
2 Additionally, developer will pay to City, through the
3 Public Services Department, all other fees and charges
4 set forth by ordinance or resolution relating to appli-
5 cation for a permit to connect the property to the
6 public sewer.
7 5. Sewer Service Charge. Pending annexation of the area
8 to City, all users of sewer service connections pursuant
9 to this Agreement shall pay a monthly sewer service
10 charge pursuant to City of San Bernardino Resolution No.
11 83-279, and any future ordinance or resolution applic-
12 able to sewer service for areas outside the corporate
13 limits of the City.
14 6. Use of Sewer System. Developer hereby agrees to abide
15 by any and all City and/or Board rules, regulations,
16 ordinances, resolutions, State and Federal laws and
17 requirements established now, or adopted in the future,
18 which regulate, manage and control the sewer system.
19 7. Cost of Installation. City, subject to payment of all
20 applicable sewer connection fees and filing an appli-
21 cation for a permit to connect to the public sewer,
22 permits Developer to install and construct sewer lat-
23 eral(s) connecting the sewer plumbing system in any
24 building on the property described in Paragraph I of
25 this Agreement, for which a permit to connect has been
26 obtained, to an existing sewer main of the City. Said
27 installation, construction and connection shall be made
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at Developer's sole cost and expense.
8. Permits. Developer agrees to apply for and obtain from
the government and/or other utility having jurisdiction,
all necessary permits, including a street or highway
excavating permit for the sewer line hookup and install-
ation of laterals.
9. Repair of Sewer System. In case it may become necessary
to repair or replace any part of the sewer system, City
and/or Board is hereby authorized to close any valve or
valves in any of the mains in the City, or at the point
of connection between the main or lateral of the City
and the lateral of Developer, as may be necessary for
the protection of said sewer system, or to meet the
exigency of the situation. It is expressly covenanted
and agreed that City and/or Board shall not be held
liable or accountable for any bursting, breakage,
stoppage, or accident of any kind that may occur to said
sewer system, connection, or sewer laterals.
10. Hold Harmless. Developer hereby agrees to, and shall,
hold City and Board, and their officers, agents, and
employees harmless from any liability for damage or
claims for damage for personal injury, including death,
as well as from claims for property damage which may
arise from Developer's performance under this Agreement,
whether such performance be by Developer or by anyone
or more persons directly or indirectly employed by or
acting as agent for Developer. Developer agrees to and
1 shall defend City and Board, and their officers, agents
2 and employees from any suits or actions at law or in
3 equity for damages caused, or alledged to have been
4 caused, by reason of any of Developer's performance
5 under this Agreement.
6 11. Interruption of Service. It is mutually covenanted and
7 agreed that City shall not be accountable or liable, nor
8 shall such be held or considered as a breach of this
9 contract, for failure to provide sewer services to
10 Developer, growing out of any breakage, stoppage or
11 sewage "back-up" in sewer pipes, accident or injury of
12 any kind occurring to the sewer and sewage treatment
13 system, or on account of any suit, proceeding, judgment
14 or decree in any court of record, restraining or
15 interfering with the performance under this Agreement on
16 its duties hereunder; nor shall the City and/or Board be
17 held accountable or liable under this Agreement for any
18 failure to supply sewer services growing out of any
19 inability to operate its sewer or treatment system
20 occasioned by any accident, Act of God, strike, riot or
21 public enemy.
22 12. Termination of Aqreement. In case developer shall, at
23 any time, make any default in the performance of any of
24 the covenants, conditions and agreements to be kept and
25 performed by it on its part, including payments herein
26 provided for, and if any such default shall continue for
27 a period of thirty (30) days, then and in that case,
28 this Agreement may forthwith be terminated at the option
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of the City upon giving ten (10) days notice in writing
of its intentions to do so, and thereupon the sewer
services may be discontinued.
4 13. Assi9nment. Developer shall not assign this Agreement
5 without first obtaining City's and Board's written
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consent.
14. Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
CITY
BOARD
City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Board of Water Commissioners
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
DEVELOPER
Emerich & Company, Inc.
Paul Y.H. Hsu
Donald S. Clurman
P.O. Box 386
Redlands, CA 92373
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
By
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ATTEST:
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. h'<</-?/:~f((;'l!!!/(i/
26 .;'~" 1', C(i~ty'- Clerk
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(Seal)
Agreem~n t - Sewer Connec tion
and Storage Treatment
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( Seal)
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13 Approved as to form
and legal content
:: .~ 9~
'fIyy Attorney
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BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
BY;-~lifl ~ t!~~~
resident
DEVELOPER