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HomeMy WebLinkAbout32-Water Department , - - - - '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 ' . PI, 4: 03 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. ~~~ ,/ 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._~__... ______ "J-O?I,:' . 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 . . 0 1 2 3 4 5 6 7 8 o o o 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 11 12 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 15 16 17 18 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, 19 the 20 to wit: 21 22 day of AYES: 23 24 25 26 27 28 NAYS: ABSENT: City Clerk . .. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .' ~ o ~ ..J.. . o o 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 -2- o o o 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. 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 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" 41 . o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. - . - Book 1590f Maps, o o 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 -2- ) . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o o 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 , 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 -)- 1 o o o 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 17 18 Board of Water Commissioners City of San Bernardino 300 North 0 Street San Bernardino, CA 92418 OWNER 19 20 21 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. 22 23 ATTEST: CITY OF SAN BERNARDINO 24 By Mayor 25 ci ty Clerk 26 27 28 ATTEST: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO By President -4- . . 0 0 1 2 3 4 5 6 7 (Sea I) 8 pproved as to Form: 9 10 ~*/~ 11 ity Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- o OWNER BY: BY: ----~----- -------... . ~ - PAUL J. HUBBS LEROY HANSBERGER o