HomeMy WebLinkAbout1986-452
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RESOLUTION NO.
R h - ~~ 5.2~~~_
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND
DONALD G. HUNT RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT
FOR TRACT NO. 10532-1.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement between the City of San Bernardino, Board of Water
Commissioners of the City of San Bernardino and Donald G. Hunt
relating to sewer connection and sewage treatment for Tract No.
10532-1, Lot 2 and Lot 3, a copy of which is attached hereto,
marked Exhibit A and incorporated herein by reference as fully as
though set forth at length.
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 ___~~
19 _3.r.d___ day 0 f __--Nmle.mhe r
meeting thereof, held on the
, 1986, by the following vote, to
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wit:
AYES:
COllncil Me.mbe.r:.s.-E.s..tI:.ada, Reilly#. Hernandez""*-
_ .~ _ FrazieJ:+.__Slric:kle.r._._~~..;.,,____......___~______
NAYS:
None
ABSENT:
--.C.o..unc.iL..11emhe.r:s_Ma.r:ka.,.._.O.uieJ.___.__.__....._......
.u..,.,~~~
City Clerk
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The foregoing resolution is hereby approved this~C~-
November
day of
'l~_.V L1u~
MaYO~~~san Be~~no
6 Approved as to form:
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.~J/?~
City . torney
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4 THIS AGREEMENT is made and entered into this ~~__ day of __
5 -~, between the CITY OF SAN BERNARDINO, hereinafter called
AGREEMENT
SEWER CONNECTION AND SEWAGE TREATMENT
6 "CITY", the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
7 BERNARDINO, hereinafter called "BOARD", and DONALD G. HUNT,
8 hereinafter called "OWNER".
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In consideration of the agreements, covenants, con?itions and
10 restrictions herein contained, the parties hereby agree as
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follows:
1. ~jtals.
A. City and Board entered into an agreement with
Dale
W. O'Neal
and Eugene M. Malone on
September 7, 1979, to provide sewer connection
and sewage treatment for certain real property
known as Tract No. 10532 and Tract No. 10532-1,
more particularly described and depicted in
tentative maps filed with the County of San
Bernardino.
B. Owner acquired title to the real property known
Tract
10532-1
and
more particularly
as
described as:
Lots 2 and 3 in the unincorporated area of
San Bernardino County as per plat recorded
in Book 150 of Maps, pages 13 and 14,
records of said county.
C.
The real property is physically located
EXHIBIT "A"
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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. Owner acknowledges that the sewer collection
system is under the jurisdiction of the City
and that treatment facilities are under the
jurisdiction of Board.
E. Owner 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.
F. Board has secured grants and other funding to
finance the necessary modifications.
2. Sewer Service Charqe. Pending annexation of the
area to City, the Owner of the subject property
shall pay a monthly sewer service charge for a
sewer service connection pursuant to this agree-
ment and in accordance with any City ordinance or
resolution applicable to sewer service for areas
outside the corporate limits of the City.
3. Use of Sewer System. Owner hereby agrees to
abide by any and all City and/or Board rules,
regulations, ordinances, resolutions, State and
Federal laws and requirements established now or
adopted in the future which regulate, manage and
control the sewer system.
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l.n.t.~.L.L.Y.Q1J.QIl._._..Qf_..__.s.~LXj_.5;_~ . I tis m u t u all y c 0 v e -
nanted and agreed that City shall not be accoun-
table or liable, nor shall such be held or con-
sidered as a breach of this contract, for failure
to provide sewer services to Owner, growing out of
any breakage, stoppage or sewage "back-up" in sewer
pipes, accident or injury of any kind occurring to
the sewer and sewage treatment system, or on
account of any suit, proceeding, judgment or decree
in any court of record, restraining or interfering
with the performance under this Agreement or its
duties hereunder; nor shall the City and/or Board
be held accountable or liable under this 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.
I~..Lmj.n..a1iQn_Q.f-Ag.L.e. em en t . I n cas e 0 w n e r s h all, 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 Agreement may
forthwith be terminated at the option of the City
upon giv~ng thirty (30) days, then and in that
case, this Agreement may forthwith be terminated at
the option of the City upon giving ten (10) days
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notice in writing of its intentions to do so, and
thereupon the sewer services may be discontinued.
6.
Covenant Running with Land. This Agreement shall be
deemed to be an agreement running with the land
described in Recital I-B, and shall be binding upon the
present owner thereof, and any heir, devisee, successor
or assign who hereafter attains any interest in such
land.
7.
Notices. All notices herein required shall be in
writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
12 City Clerk
City of San Bernardino
13 300 North "D" Street
San Bernardino, CA 92418
Board of Water Commissioners
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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OWNER
Donald G. Hunt
12844 Inglewood Avenue
Hawthorne, CA 90250
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
20 ATTEST:
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~4ff;l?t1~~
22 C1 ty Clerk
By
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BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
24 ATTEST:
BY7ArxJ(J~
President
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(Seal)
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Approved as to Form:
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:~~o
City Attorney
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OWNEr-, .. ..''1 !
By:~__~i~+
Donald G. Hunt
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