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'CITf'OF SAN BERNARDI~'REQ~ST FOR COUNCIL A~ION
From:
Bernard C. Kersey, secretiF;.C'O.-ADl>!lH. i6tiject:
Board of Water CommissionJ~~ y,~y 30 p, p: 1 E
AMENDMENT NO. 1 TO THE AGREEMENT
FOR SEWER CONNECTION AND SEWAGE
TREATMENT WITH JOHN C. HEERS
DEVELOPMENT COMPANY
Dept:
Date: May 29, 1990
Synopsis of Previous Council action:
8/20/79 Resolution No. 79-56 authorizing an agreement with the Board of Water Commissioners
and Dale W, O'Neal and Eugene M. Malone providing sewer connection and treatment
for Tracts 10532-1 and 10532 for 258 equivalent dwelling units.
12/02/85
Resolution No. 85-506 authorizing the execution of an agreement between the City
of San Bernardino, Board of Water Commissioners of the City of San Bernardino and
John C. Heers Development Company relating to sewer connection and treatment for
Tract 10532.
11/03/86
Resolution No. 86-452 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 treatment for Lots 2 and 3 of Tract
10532-1.
Recommended motion:
Adopt Resolution
Contact person:
Bernard C. Kersey
Phone: 384-5393
Supponing data attached:
Yes
Ward:
First
FUNDING REOUIREMENTS:
Amount:
N/A
Source: IAcct. No.l
(Acct. DescriPtion)
Finance:
Council Notes:
15.0262
Agenda Item No
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CIT~ OF SAN BERNARDIJC1- REQ~ST FOR COUNCIL At?rION
STAFF REPORT
The Mayor and Common Council and the Board of Water Commissioners
entered into an agreement in September, 1979 to provide outside
city sewer service to Tract Nos. 10532 and 10532-1. The property
is located on Coulston Street between Mt. View and Richardson. The
agreement, originally entered into with Dale W. O'Neal and Eugene
M. Malone, provided capacity for 258 housing units plus commercial
development. Subsequent to entering into the agreement, the
property has been partially developed, 69 condominium units on Lots
2 and 3 of Tract 10532-1. The remainder of the property has not
been developed to date.
Ownership of the property has changed since 1979. The original
agreement did not have an assignment clause in it, but the City
Attorney's Office issued a memorandum on August 13, 1985 which
states that the sewer capacity and connection rights in the
original agreement are assigned to and go with the property.
Based upon this memorandum, new agreements were executed for
portions of the property covered by the original agreement with the
new owners. To date, two agreements have been approved.
The original agreement provides capacity as follows:
Tract 10532 - 138 dwelling units
Tract 10532-1 - 120 dwelling units
The sewer connection rights for Tract 10532 were assigned to John
C. Heers Development Company on December 16, 1985. A portion of the
sewer connections for Tract 10532-1, 69 sewer connections, were
assigned to Donald G. Hunt on December 9, 1986. This assignment
covered Lots 2 and 3 of Tract 10532-1, the only developed portion
of the property. Therefore, from the original agreement, 51 sewer
connections for Tract 10532-1 have not been assigned by a revised
agreement to the current owner of the property (Lots 4 and 5 of
10532-1.)
On May 16, 1990, John C. Heers Development Company, a California
General Partnership, acquired title to Lots 4 and 5, Tract No.
10532-1. John C. Heers Development Company has filed a request to
amend its existing Sewer Service Agreement for Tract 10532 to
include the sewer connections for Lots 4 and 5 for Tract 10532-1.
This amendment would increase the sewer connections in the
agreement by 51, giving them a total of 189 sewer connections.
75-0264
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3 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT FOR SEWER CONNECTION AND
4 SEWAGE TREATMENT BETWEEN THE CITY OF SAN BERNARDINO, BOARD OF WATER
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND JOHN C. HEERS
5 DEVELOPMENT COMPANY, ADDING LOTS 4 AND 5 OF TRACT 10532-1 TO THE
AGREEMENT.
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RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City,
Amendment No. 1 to Agreement between the City of San Bernardino,
Board of Water Commissioners of the City of San Bernardino, and
John C. Heers Development Company relating to sewer connection and
sewage treatment for Lots 4 and 5 of Tract No. 10532-1, a copy of
which is attached hereto,
marked Exhibit "A" and incorporated
herein by reference as fully as though set forth at length.
16 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 meeting thereof, held on
19 the day of , 1990, by the following
20 vote to wit:
21 Council Members: l.IIa lIMa ABSTAIN
22 ESTRADA
23 REILLY
24 FLORES
25 MAUDSLEY
26 MINOR
27 POPE-LUDLAM
28 MILLER
5-29-90
\. RESOLUTION APPROVING ~ NO. 1 Q SEWER CONNECTION AND SEWAGE ~THENT
ADDING LOTS 4 AND 5 OF TRACT NO. 10532-1 TO THE AGREEMENT.
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AMENDMENT NO. 1
TO
AGREEMENT FOR
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AMENDMENT, is made and entered into this day of
, 1990, between the CITY OF SAN BERNARDINO,
hereinafter called "City", the BOARD OF WATER COMMISSIONERS OF THE
CITY OF SAN BERNARDINO, hereinafter called "Board", and JOHN C.
HEERS DEVELOPMENT COMPANY, hereinafter called "Developer".
1. Recitals
A. Developer entered into an Agreement for Sewer Connection
and Sewage Treatment with the City and Board in 1985 for the
provision of sewer service for Tract No. 10532. The basis of the
City and Board entering into an agreement was that the City and
Board had entered into an agreement with Dale W. O'Neal and Eugene
M. Malone on September 7, 1979 for the purpose of providing sewer
service to all of Tract Nos. 10532 and 10532-1.
B. Developer has acquired title to Lots 4 and 5 of Tract No.
10532-1, for which there are Fifty-One (51) sewer connections
remaining in the original agreement with O'Neal and Malone that are
assignable.
2. In consideration of the agreements, covenants, conditions
and restrictions herein contained, the parties agree to amend the
Agreement for Sewer Connection and Sewage Treatment as follows:
Section 1, Recitals, is hereby amended to read as follows:
"B. Developer acquired title to the following real property:
1. Tract No. 10532, more particularly described as:
The south two-thirds of Lot 2, Block 72, Rancho San
EXHIBIT "A"
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1 Bernardino, as per plat recorded in Book 7 of Maps,
2 Page 2, records of the County of San Bernardino.
3 2. Lots 4 and 5, Tract No. 10532-1, as per plat
4 recorded in Book 150 of Maps, pages 13 and 14,
5 records of the County of San Bernardino."
6 "D. Agreement entered into on September 7, 1979, provides for
7 One Hundred Thirty-Eight (138) sewer connections for real
8 property known as Tract No. 10532 and Fifty-One (51)
9 sewer connections for the real property known as Tract
10 No. 10532-1."
11 "E. Developer has submitted plans to the County of San
12 Bernardino for a Three Hundred and Eighty-Four (384) unit
13 apartment complex on this property. This proposed
14 development requires 294 equivalent dwelling units sewer
15 connections."
16 Section 2, TIMING OF DEVELOPMENT, is hereby amended to read
17 as follows:
18 "City, Board and Developer agree that the Developer is
19 initially limited to One Hundred Eighty-Nine (189)
20 equi valent dwelling units (EDU 's). This right to connect
21 One Hundred Eighty-Nine (189) EDU I s will allow the
22 development of Two Hundred Fifty-Two (252) apartment
23 units. For consideration of $1.00, receipt of which is
24 hereby acknowledged, City and Board agree that at such
25 time as Board achieves substantial completion of
26 construction work performed on the Solids Handling
27 Improvement Project, developer will be authorized to
28 request an amendment to this Agreement to obtain sewer
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connections for One Hundred and Five (105) additional
equivalent dwelling units. Such request for an amendment
to increase sewer connections will be filed with the
Board."
3. All other terms, covenants, conditions and restrictions
set forth in the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
CITY OF SAN BERNARDINO
By:
W.R. HOLCOMB, MAYOR
ATTEST:
(SEAL)
SHAUNA CLARK
15 City Clerk
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BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO
By:
MARGARET H. CHANDLER
President
ATTEST:
(SEAL)
BERNARD C. KERSEY
Secretary
JOHN C. HEERS
DEVELOPMENT COMPANY
(SEAL)
By:
APPROVED AS TO FORM
AND LEGAL CONTENT:
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JAMES F. PENMAN
City Attorney
By:
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