HomeMy WebLinkAbout32-Water Department
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'01'8 OF SAN BERNARDI~O - REQUFQT FOR COUNCIL AC1jlN
From:
Bernard C. Kersey FlEe'O _ .
Ex-Officio Secretary . ADMIN, OF'F'.
Board of Water commfS86ieeTr~3 '
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Subject: Agreement for Sewer Connection and
Treatment - Hubbs and Hansberger
Dept:
Date: 0c tober 20. 1986
Synopsis of Previous Council action:
August 20, 1979, Resolution No. 79-355 authorizing an agreement
with the Board of Water Commissioners and E. J. Miller providing
sewer connect~on and sewage treatment for Tract ~o. l0297 and a
recreational vehicle park.
July 7, 1980, Resolution No. 80-291 authorizing amendment to
original agreement revising the timing of development and author-
izing assignment of agreement.
July 7, 1980, assignments of agreement to Kealer Development for
Tract 10297 and to E&R Associates for recreational vehicle park
approved.
Recommended motion:
Adopt resolution authorizing execution of an agreement with the
Board of Water Commissioners and Hubbs and Hansberger providing
sewage connection and treament for Tracts No's. 10297-1 and 10297-2.
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,/ Signatur
Contact person: Rprn::lrn r. l(prc;a"y
Phone:
383-5393
Supporting data attached: Yes
Ward:
N/A
FUNDING REOUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
'n ' m ' ~----
Age da ,te ~o._~__... ______
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CIT()OF SAN BERNARDINO - REQUE~ FOR COUNCIL ACTI~
STAFF REPORT
Board and City entered into an agreement with E.J. Miller for
Sewer Connection "and Sewage Treatment for Tract 10297 and an
R.V. Park on September 4, 1979. The Agreement was amended in
July, 1980 permitting assignment of the agreement with the
City's consent and revising the number of connections. The
revised schedule of ,connections allocated 246 units to Tract
10297 and 61 units to the R.V. Park. At the same time the
agreement was' assigned to Kealer Development (Auburn Acres
Associates) for Tract 10297 and E&R Associates for the R.V.
Park. To date there has been no development of the R.V.
Park.
Tract No. 10297 was phased as follows:
10297-1 26 units.
10297-2 54 units
10297-3 67 units
10297-4 - -ll units
246
Tract 10297-1 and 10297-2 have been developed and occupied by
Auburn Acres Associates. There have been difficulties
collecting the sewer service charges and in May, 1986, a lien
was recorded against the property for unpaid charges for
sewer service in the amount of $9,819.18.
Hubbs and Hansberger have acquired title to Tracts 10297-1
and 10297-2 and have requested assignment of the Sewer
Conne~tion and Sewage Treatment Agreement. Hubbs and Hans-
berger have made arrangements with Water Department staff to
clear the existing lien by making monthly payments of $800.00
per month on the unpaid charges.
Rather than assign the existing agreement to Hubbs and
Hansberger, it is recommended that a new agreement be entered
into for sewer service to Tract No. 10297-1 and 10297-2. The
proposed agreement is similar to the revised agreement
entered into with John Heers, Inc. for Tract 10532.
The proposed agreement was apprqved by the Board of Water
Commissioners at their regular meeting held October 7, 1986
and authorized the Secretary to forward the agreement to the
Mayor and Common Council for approval.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDIN~ AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO AND
PAUL J. HUBBS AND LEROY HANSBERGER RELATING TO SEWER CONNECTION
AND SEWAGE TREATMENT FOR TRACT NOS. 10297-1 AND 10297-2.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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
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between
the City
of San
Bernardino,
Board
of Water
Commissioners of the City of San Bernardino and Paul J. Hubbs
and
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
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A and incorporated herein by reference
as .
fully as though set forth at length.
I HEREBY
CERTI FY
that
the
foregoing
resolution was dUly
adopted by
the
Mayor
and Common. Council
of the
City
of
San
Bernardino at a
meeting thereof, held on
, 1986, by the following vote,
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day of
AYES:
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NAYS:
ABSENT:
City Clerk
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The foregoing resolution Is hereby approved this ____ day of
, 1986..
Approved as to form:
#~fhO~
C~ty ttorney
Mayor of the City of San Bernardino
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AGREEMENT
SEWER CONNECTION AND SEWAGE TREATMENT
THIS AGREEMENT is made and entered into this _ day of ___
, 1986, between the CITY OF SAN BERNARDINO, hereinafter
called "CITY", the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
BERNARDINO, hereinafter called "BOARD", and PAUL J. HUBBS AND
LEROY HANSBERGER, hereinafter called "OWNER".
In consideration of the agreements, covenants, conditions and
10 restrictions herein contained, the parties hereby agree as
11 follows:
12 1. Recital s.
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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.
Owner acquired title to the real property known
as Tracts 10297-1 and 10297-2, and more
particularly described as:
LQt~-1-1hc~gh~ inclusive and Lot A, Tract
No. 10297-1, as per plat recorded in Book 156
of Maps, pages 95 through 97, inclusive,
records of said County.
L21~Z1~hLQUgh__au, inclusive, and Lots Band
C, Tract No. 10297-2, as per plat recorded in
B.
EXHIBIT "A"
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2.
3.
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Book
1590f Maps,
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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 Charqe. Pending annexation of the
area to City, the Owner of the subject property
shall pay amonthly 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 Svstem. Owner hereby agrees to
abide by any and all city and/or Board rules,
regulations, ordinances, resolutions, State and
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Federal laws and requirements established now or
adopted in the future which regulate, manage and
control the sewer system.
4. l.J:t.t~.r:.r:.u.j),1iQn.__Qf_SJu:~. It is mutu a II y coven anted
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
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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 undpr 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.
5. Termin~_t_t.9ILgi_A~.r:~.ero~D..:t. In case owner shall, at
any time, make any default in the performance of
any o~ the covenants, conditions and agreements to
be kept an~ 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 "0" Street
San Bernardino, CA 92418
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Board of Water Commissioners
City of San Bernardino
300 North 0 Street
San Bernardino, CA 92418
OWNER
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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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ATTEST:
CITY OF SAN BERNARDINO
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By
Mayor
25 ci ty Clerk
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ATTEST:
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
By
President
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8 pproved as to Form:
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11 ity Attorney
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OWNER
BY:
BY:
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PAUL J. HUBBS
LEROY HANSBERGER
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