HomeMy WebLinkAbout12881
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION NO j -/ !' t /
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE CITY OF REDLANDS, RELATING TO CONSTRUCTION OF THE
3 SOUTHEAST INDUSTRIAL PARKS PROJECT SINGLE TRUNK SEWER SYSTEM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
5
6
SECTION 1. That the Mayor of the City of San Bernardino is hereby
7
8
authorized and directed to execute on behalf of said City an Agreement with
the City of Redlands, relating to construction of the Southeast Industrial
Parks Project Si~gle Trunk Sewer System, a copy of which is attached hereto,
9
marked Exhibit "A" and incorporated herein by reference as fully as though
set forth at length herein.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and CoDDllOn Council of the City of San Bernardino at aA7/Ad
meeting thereof, held on the / f-r/- day of Q",-f'- , 1977,
{/
by the following vote, to-wit:
AYES: Councilmen ~..Ah.A4/~-:;;';Vj'/!'-,,/~ ~~
~A_Mj'-, Y~hA_~ Y~J
NOES: 7~k--
ABSENT: ~~~,~~
~,~~~~
.. City Cl k
The foregoing resolution is hereby approv~d this ;?~~ day of
(/(t1-
, 1977.
~.,,~
ity A~
LE'O
JUL 2019n
LUCILLE GOFORTH,. City Clerk
- ;0.
.. .. #'
AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of Julv
1977, by and between the CITY OF SAN BERNARDINO, a municipal
corporation, hereinafter called "San Bernardino", and CITY OF
REDLANDS, a municipal corporation, hereinafter called "Redlands".
WITNESSETH:
WHEREAS, San Bernardino is in the process of providing a sewer
line known as the Southeast Industrial Parks Project Single Trunk
Sewer System; and
WHEREAS, Redlands desires and has determined that the sewer line
being installed by San Bernardino to the intersection of San
Bernardino Avenue and Richardson Street can serve future require-
ments for sewer service to an area hereafter sometimes referred to
as "aforesaid area" within the northwest portion of Redlands and
more particularly described as:
Bounded on the east by Nevada Street, on the north by
Norton Air Force Base, on the west by Mt. View Avenue,
and on the south as follows: Beginning at the inter-
section of Mountain View Avenue and the westerly
prolongation of Park Avenue; thence easterly along the
prolongation of Park Avenue to California Street; thence
south along California Street to Barton Road; thence
easterly along Barton Road to Nevada Street
and;
WHEREAS, in order for the sewer line to provide future service for
the aforesaid area of Redlands it is necessary that said sewer
line be of an 18" minimum size; and
WHEREAS, if San Bernardino was not providing additional capacity
for Redlands as contemplated aforesaid, San Bernardino would have
installed a smaller sewer line at a lesser cost; and
WHEREAS, Redlands has determined that any available means of
providing sewer service to the northwest portion of Redlands from
Redlands' existing sewer system would be more expensive than
having San Bernardino provide the larger sewer line; and
EXHIBIT "A"
" .
".
,'.
"
WHEREAS, it is contemplated that Redlands will at some time in
the future desire to connect to the sewer line provided for
herein and the parties hereto will enter into agreements provid-
ing for the extension of the sewer line within San Bernardino
Avenue, between Richardson Street and Mt. View Avenue through
what is now County area to the City of Redlands, and that Redlands
and San Bernardino will enter into a joint powers agreement
providing for Redlands to bear its fair share of the costs for
San Bernardino to process Redlands' sewage introduced into the
San Bernardino sewer system pursuant ,~ said sewer line; and
WHEREAS, Redlands agrees to pay the sum of $78,525.00, plus the
pro-rata share of additional costs of approved change orders, to
San Bernardino as and for an inducement to San Bernardino to
provide additional capacity of said sewer line being constructed
by San Bernardino, and San Bernardino desires to accept said sums
as and for said purposes,
NOW, THEREFORE, in consideration of the mutual covenants, conditions
and legal detriments herein contained, it is agreed as follows:
1. San Bernardino agrees to cause the construction and completion
of San Bernardino Southeast Industrial Parks Project Single Trunk
Sewer System in an 18" minimum size in San Bernardino AvenUe to
its intersection with Richardson Street to provide capacity for
City of Redlands for sewer service to ai&reSaid area.
2. The low bid price for the sewer project is $552,198.00 and
Redlands shall pay the sum of $78,525.00 to San Bernardino as and
for an inducement to San Bernardino for the installation of said,
sewer line in the 18" minimum size. Further, Redlands shall pay
to San Bernardino for said purposes the amount of $4,828.00 which
is 14.022% of the costs incurred by San Bernardino for contract
change orders. All sums payable by Redlands to San Bernardino
hereunder shall be paid in full within thirty days after completion
of the sewer line, or receipt of billing therefor; whichever is
the later.
3. It is understood and agreed by the parties hereto that Redlands
and San Bernardino will at some presently undetermined future time
enter into further agreements for the extension of the terminus of
the sewer line to the City limits of Redlands at Mt. View Avenue
and for the purpose of providing for Redlands to bear its share of
the cost of processing sewage from Redlands in San Bernardino's
waste water treatment facilities. San Bernardino shall have the
right to connect laterals to this futther extension of the sewer
-2-
.
i"'~'
"
'.
'III .. ~
line. Said extension of the sewer line shall be at least 15" in
diameter. Further, it is understood and agreed by the parties
hereto, that Redlands shall not connect-up-to the sewer line
terminating at Richardson Street until such time as the agreements
are entered into, and the additional sewer line is constructed to
Redlands city limits.
4, All use by Redlands of any extension of the sewer line shall
be limited to serving that area of Redlands described as follows:
Bounded on the east by Nevada Street, on the north
by Norton Air Force Base, on the west by Mt. View
Avenue, and on the south as follows: Beginning at
the intersection of Mountain View Avenue and the
westerly prolongation of Park Avenue; thence
easterly along the prolongation of Park Avenue to
California Street; thence south along California
Street to Barton Road; thence easterly along Barton
Road to Nevada Street.
5. All notices herein required shall be in writing and delivered
in person or sent by certified mail, postage prepaid, addressed
as follows:
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
Director Qf Public Works
City of Redlands
Post Office Box 280
Redlands, CA 92373
6. This agreement may be amended or modified only by written
agreements signed by both parties.
7. Time is of the essence of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date first -hereinabove written.
~
ty Cler
ATTEST:
App ~~;'~das;zqo Fo .
/~,
.....' j ,
. ~~_.i_. /
_o.t_
CITY OF REDLANDS
Approved as to Form: