HomeMy WebLinkAbout31-Water Department
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- REQUQT FOR COUNCIL ~~
. ClOt OF SAN BERNARDOo
From: Bernard C. Kersey
Ex-officio Secretary
Dept: Board of Water Commissioners
S\l.I:1iP.ct: ~reement for Sewer Connection and
REC'O. - AUMIN. Oftl'eatment - Hunt Enterprises, Inc.
1986 OCT 23 PM 4: 03
Date: Oc tober 20, 1986
Synopsis of Previous Council action:
August 20, 1979, Resolution No. 79-356 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 No. 10532-1 and Tract No. 10532.
December 2, 1985, Resolution No. 85-506 authorizing an
with the Board of Water Commissioners and John C. Heers
for sewage connection and treatment for Tract 10532.
agreement
Development
Recommen':led motion:
Adopt resolution authorizing execution of an agreement with the
Board of Water Commissioners and Hunt Enterprises, Inc. for
sewage connection and treatment for Lots 2 and 3, Tract No. 10532-1.
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Contact person:
Bernard C. Kersey
Phone:
383-5393
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Nonp
Source:
N/A
Finance:
Council Notes:
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~1T90F SAN BERNARDltR - REQUEQ FOR COUNCIL ACTQN
STAFF REPORT
The City of San Bernardino Board of Water Commissioners
entered into an.agreement for sewer service with Dale W.
O'Neal and Eugene M. Malone on September 7, 1979 to provide
Sewer Connection and Treatment for Tract Nos. 10532 and
10532-1. Jacobsen and Kealer Joint Venture succeeded O'Neal
and Malone in ownership of the property and developed a
portion of Tract 10532-1 (69 units). Tract No. 10532 was
acquired by John Heers, Inc. and a new agreement was
developed to add additional provisions regarding the
availability, use and payment for sewer service.
Jacobsen and Kealer's interests in 10532-1 was acquired
through foreclosure action by First Interstate Bank. Hunt
Enterprises, Inc. has now acquired title to the developed
portion of Tract 10532-1, and requests that they be granted
an assignment of the sewer agreement. Hunt Enterprises was
advised that before any assignment or new agreement could be
considered, all outstanding sewer service charges must be
brought current. The sewer service charges were paid the
week of September 29, 1986.
The Board of Water Commissioners approved the revised agree-
ment for sewage connection and treatment with Hunt Enter-
prises, Inc. for Lots 2 and 30f Tract 10532-1 at their
regular meeting held October 7, 1986 and authorized the
Secretary to submit the agreement to the Mayor and Common
Counci I for approval.
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RESOLUTION NO.
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:
SECTI ON 1.
The Mayor of the Cfty of San Bernardfno is
hereby authorfzed and directed to execute on behalf of safd City
an Agreement between the Cfty 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 fs attached hereto,
marked Exhibit A and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY
that the foregofng resolutfon was duly
adopted by the Mayor and Common Councfl of the City of San
Bernardino at a
day of
meeting thereof, held on the
, 1986, by the followfng vote, to
wft:
AYES:
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NAYS:
ABSENT:
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City Clerk
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The foregoing resolution
day of
, 1986.
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is hereby approved this
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Mayor of the City of San Bernardino
Approved as to form:
.~w~
City torney
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AGREEMENT
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AGREEMENT is made and entered into this ______ day of __
between the CITY OF SAN BERNARDINO, hereinafter called
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1.
5 -----,
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6 "CITY", the BOARD OF WATER COMMISSIONERS OF
7 BERNARDINO, hereinafter called "BOARD", and
8 hereinafter called "OWNER".
9 In consideration of the agreements, covenants, conditions and
10 restrictions herein contained, the parties hereby agree as
follows:
THE CITY OF
DONALD G.
SAN
HUNT,
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. 1053~ 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
as Tract 10532-1 and more particularly
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 mod~fications.
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~J:.DUlj;J.S1IL__p.L._.s.jl.r_'lJ.!:,j!. It 1 s m u t u a II y co 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~LminA1i2n of Ag~ement. 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 cas~, this Agreement may
forthwith be terminated at the option of the City
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
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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 l-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
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Board of Water Commissioners
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
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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CITY OF SAN BERNARDINO
By
Mayor
22 City Clerk
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24 ATTEST:
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BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
By
President
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OWNER
BY: __________.___________._..__. .._
Donald G. Hunt -
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