HomeMy WebLinkAbout1986-453
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RESOLUTION NO. 86~4~~~
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND
5 PAUL J. HUBBS AND LEROY HANSBERGER RELATING TO SEWER CONNECTION
AND SEWAGE TREATMENT FOR TRACT NOS. 10297-1 AND 10297-2.
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
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Commissioners of the City of San Bernardino and Paul J. Hubbs
and
12 Leroy Hansberger relating to sewer connection and sewage treatment
13 for Tract Nos. 10297-1 and 10297-2, a copy of which is attached
14 hereto, marked Exhibit A and incorporated herein by reference
15 fully as though set forth at length.
as
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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
18 Bernardino at a _regu.laE~-
meeting thereof, held on
19 the
3rd
November
day of
, 1986, by the following vote,
20 tow it:
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. Counci!._ MeIE.~.~~~~~tr~da, _.~e~!.!.~L- H~E.!:!.9J:~dez,
AYES:
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Frazier, Strickler
NAYS:
None
ABSENT:
~ounci!._~embe!:.s Ma!:.~~L~9..uiel____
.~Lt~
./
City Clerk
1 The foregoing resolution is hereby approved this ~6~/day of
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November
, 1986.
Approved as to form:
&~jI-//~
City ttorney
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~/~.. ...'
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. . , ,(jj ~~--
Mayor of the c~ of San ernardino
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AGREEMENT
SEWER CONNECTION AND SEWAGE TREATMENT
T HIS A G R E EM E NT ism a d e and en t ere din tot his __9 c::A..." day 0 f _
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5 -~, 1986, between the CITY OF SAN BERNARDINO, hereinafter
6 call ed "CITY", the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
7 BERNARDINO, hereinafter called "BOARD", and PAUL J. HUBBS AND
8 LEROY HANSBERGER, hereinafter called "OWNER".
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In consideration of the agreements, covenants, conditions and
10 restrictions herein contained, the parties
hereby agree as
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follows:
1. Recitals,
A. City and Board entered into an agreement with
E. J. Miller on September 4, 1979, to provide
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. Owner acquired title to the real property known
as Tracts
10297-1 and
10297-2, and more
particularly described as:
LQt..s.-.l-1.b..r.Q.Q.g..h_2.P-L i n c 1 u s i v e and Lot A, T r act
No. 10297-1, as per plat recorded in Book 156
of Maps,
pages 95 through 97, inclusive,
records of said County.
LQ1~_21-1.h.r.Qugh__aQ, inclusive, and Lots Band
C, Tract No. 10297-2, as per plat recorded in
EXHIBIT :'A"
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2.
Book 159 of Maps, pages 23 to 25, inclusive,
records of said County.
C. The real property is physically located out-
side 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
and the amendment entered into July 7, 1980
provided for sewer connections for the real
property known as Tract Nos. 10297-1,
10297-2, 10297-3 and 10297.
E. Owner acknowledges that the sewer collection
system is under the jurisdiction of the City
and that treatment facilities are under the
jurisdiction of the Board.
F. Tract 10297-1 and 10297-2 are fully developed
with eighty (80) dwelling units which are
connected to the City's sewer system.
Sewer Service Charae. Pending annexation of the
area to City, the Owner of the subject property
shall pay a monthly sewer service charge for
sewer service connections 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.
Use of Sewer System. Owner hereby agrees to
abide by any and all City and/or Board rules,
regulations, ordinances, resolutions, ,State and
3.
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Federal laws and requirements established now or
adopted in the future which regulate, manage and
control the sewer system.
In:t.~.r.r...Y...p-.t.iQD.__Qf_.s.tl v ice . I tis m u t u all y c 0 v e n ant e d
and agreed that City shall not be accountable or
liable, nor shall such be held or considered 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.
Termin~~j9n_9i_A~L~~mgnt. In case owner 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 Agreement may
forthwith be terminated at the option of the City
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upon giving 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 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:
15 City Clerk
City of San Bernardino
16 300 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
Hubbs and Hansberger
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.
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23 ATTEST:
CI~. SA.. N BERNAR....D.I/N.O
t 1~
By ^- I (r~ J L \ ' /
Mayor/
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~~;7~~,y
25 'Ci ty Clerk
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BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
ATTEST:
By'/Jz7J-id !i ~ihA~
President
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7 (Seal)
8 pproved as to Form:
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11 ity Attorney
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OWNER
By:./~~~/JJ~
'~~ HUBBS
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