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crfy OF SAN BERNARDI~ - REQUe;..}y FOR COUNCIL AC'..JoN
Dept:
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Agreement for Sewer Connection and Sewage
Treatment - John C. Heers Development
Company
From: Bernard C. Kersey, Ex-offi'ft-':cSe~r,,1!)U!r.~. ~ct:
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Date: October 4, 1985
Synopsis of Previous Council action:
August 20. 1979, Resolution No. 79-56 authorizing an agreement with the
Board of Water Commissioners and Dale W. O'Neal and Eugene M. Malone
providing sewage connection and treatment for Tract 10532-1 and Tract
10532 for 258 equivalent dwelling units.
Recommen<:led motion:
Adopt resolution authorizing execution of an agreement with the Board
of Water Commissioners and John C. Heers Development Company providing
sewage connection and treatment for 138 equivalent dwelling units.
Contact person:
Bernard C. Kersey
Phone:
383-5393
Supporting data attached:
Yes
Ward:
NfA
FUNDING REQUIREMENTS:
Amount:
N/A
Sou rce:
N fA
Finance:
Council Notes:
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A d J7
gen a Item No,
'CIty. OF SAN BERNARDiW'O - REQU~T FOR COUNCIL Aci.ON
STAFF REPORT
In September, 1979, an agreement for sewage connection and
treatment between the City of San Bernardino, the Board of Water
Commissioners, Dale W. O'Neal and Eugene M. Malone was made for
Tracts 10532 and 10532-1, representing 258 equivalent dwelling
units. The connections were allocated on the following basis:
Tract 10532 138
Tract 10532-1 - 120
The property to be served is outside the corporate limits of the
City, but within the City's sphere of influence, and is located
on Coulston Street between Mt. View and Richardson. The agree-
ment also provides for the City to credit the developer with the
cost of oversizing the sewer line constructed by the developer
along Tippecanoe Avenue.
Since entering into the agreement, the property has changed
ownership. Jacobsen and Kealer Joint Venture owns Tract 10532-1
and John C. Heers Development Company has acquired title to the
property known as Tract 10532. Installation of the oversized
sewer line a10l'lg Tippecanoe Avenue was oompleted by Jacobsen and
Kea1er Joint Venture, with the maximum oversizing credit of
$50,000 approved by the Mayor and Common Council in September
1980. After reviewing the agreement and related information,
the City Attorney's Office directed that oversizing credits
should be applied to the sewer connection fees relating to the
Jacobsen and Kealer Joint Venture developments, only since they
paid all installation costs.
A new ayreement for sewer connection and treatment has been
prepared for sewer service relating to the property owned by
John C. Heers Development Company. The agreement authorizes the
connection of 138 equivalent dwelling units with the ability to
lequest additional connections upon the substantial completion
of construction work performed on the Solids Handling Improve-
ment Project. The developer has submitted plans to the County
of San Bernardino for a 352 unit apartment complex, requiring a
total of 264 equivalent dwelling unit sewer connections for
total build out of the project.
The Board of Water Commissioners approved the new agreement at
their regular meeting held on October I, 1985 and authorized the
Secretary to forward said agreement to the Mayor and Common
Council for approval.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
3 BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND
JOHN C. HEERS DEVELOPMENT COMPANY RELATING TO SEWER CONNECTION AND
4 SEWAGE TREATMENT FOR TRACT NO. 10532.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 Agreement between the City of San Bernardino, Board of Water
]0 Commissioners of the City of San Bernardino and John C. Heers
1] Development Company relating to sewer connection and sewage
12 treatment for Tract No. 10532. a copy of which is attached hereto,
13 marked Exhibit "A" and incorporated herein by reference as fully
14 as though set forth at length.
]5 I HEREBY CERTIFY that the foregoing resolution was duly
]6 adopted by the Mayor and Common Council of the City of San
17 Bernardino at a
meeting thereof, held on
]8 the
day of
, 1985, by the following vote,
19 to wit:
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AYES:
Council Members
22 NAYS:
23 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day
2 of
, 1985.
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Mayor of the City of San Bernardino
5 Approved as to form:
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A G R E E MEN T
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AGREEMENT is made and entered into this
day of
,
1985, between the CITY OF SAN BERNARDINO,
8 hereinafter called "City", the BOARD OF WATER COMMISSIONERS OF
9 THE CITY OF SAN BERNARDINO, hereinafter called "Board", and JOHN
]0 C. HEERS DEVELOPMENT COMPANY, hereinafter called "Developer".
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In consideration of the agreements, covenants, conditions,
]2 and restrictions herein contained, the parties hereby agree as
]3 follows:
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1. Recitals.
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.
23 B. Developer acquired title to the real property known as
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Tract 10532 and more particularly described as:
The South two-thirds of Lot 2, Block 72, Rancho
San Bernardino, as per plat recorded in Book 7
of Maps, Page 2, records of the County of San
Bernardino.
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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 7, 1979 provides
for One Hundred Thirty-Eight (138) sewer connections
for the real property known as Tract No. 10532.
E. Developer has submitted plans to the County of San
Bernardino for a Three Hundred and Fifty-Two (352) unit
apartment complex on this property. This proposed
development requires 264 equivalent dwelling units
sewer connections.
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.
I. Developer acknowledges the nature of the construction
process and the time required and is willing to phase
the development, as shown in Paragraph 2 of this agree-
ment, to align with increased treatment capacity of
Board's treatment plant.
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] 2. TIMING OF DEVELOPMENT. City, Board and Developer agree
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that the Developer is initially limited to One Hundred
Thirty-Eight (138) equivalent dwelling units (EDU'S).
This right to connect One Hundred Thirty-Eight (138)
EDU'S will allow the development of One Hundred Eighty
Four (184) apartment units.
For consideration of
$1.00. receipt of which is hereby acknowledged, City
and Board agree that at such time as Board achieves
substantial completion of construction work performed
on the Solids Handling Improvement Project, developer
will be authorized to request an amendment to this
Agreement to obtain sewer connections for One Hundred
Twenty-Six (126) additional equivalent dwelling units.
Such request
for an amendment to increase sewer
connections will be filed with the Board.
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
the one-time
Department,
collection system charge of $200.00 per bedroom at the
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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
actual application
for a sewer connection permit.
Additionally, developer will pay to City, through the
Public Services Department, all other fees and charges
set forth by
ordinance or resolution relating to
applications for a permit to connect the property to the
public sewer.
5. Sewer Service Charge. Pending annexation of the area
to City, all users of sewer service connections pursuant
to this Agreement shall pay a monthly sewer service
charge pursuant to any City ordinance or resolution
applicable to sewer service for areas outside the
corporate limits of the City.
6. Use of Sewer System. Developer 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.
7. Cost of Installation.
City, subject to payment of all
applicable sewer connection fees and filing an applica-
tion for a permit to connect to the public sewer,
permits Developer to install and construct sewer 1at-
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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
shall defend City and Board, and their officers, 'agents
and employees from any suits or actions at law or in
equity for damages caused, or a11edged to
have been
caused, by reason of any of Developer's performance
under this Agreement.
]] 11. Interruption of Service. It is mutually covenanted and
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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
Developer, 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 on
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.
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12. Termination of Agreement. In case developer 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 upon giving ten (10) days notice in writing
of its intentions to do so, and thereupon the sewer
services may be discontinued.
13. Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
CilY
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
John C. Beers Development, Inc.
1450 E. Cooley Drive
Colton, CA 92324
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARDINO
By:
Mayor
ATTEST:
City Clerk
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(Seal)
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
By:
President
ATTEST:
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Secretary
(Seal)
DEVELOPER
By:
John C. Beers, Inc.
(Seal)
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Approved as to Form:
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