HomeMy WebLinkAbout37- Water CI` Y OF SAN BERNARD' 10 - REQUr iT FOR COUNCIL AC"ON
From: Bernard C. Kersey _r, 4 bject: Agreement for Sewer Connection and
Ex-Officio Secretary �' °'�' D. `''i` Treatment - Tract 10297-3
Dept: Board of Water Commissioners
Date: January 20, 1988
Synopsis of Previous Council action:
August 21, 1979 - Resolution 79-355 authorizing execution of an agreement with the Board of
Water Commissioners and E.J. Miller providing for Sewer Connection and
Sewage Treatment for Tract No. 10297 and a "Remainder Parcel", contiguous
to the southerly line of Tract Pao. 10297.
July 7, 1980 - Resolution 80-291 authorizing amendment to agreement with E.J. Miller to
change the time schedule of development and permit assignment of the agree-
ment, and assignment of Tract No. 10297 to Auburn Acres and the "Remainder
Parcel" to E & R Associates.
November 3, 1986- Approved Resolution 86-453 authorizing execution of an agreement between
the Board of Water Commissioners and Paul J. Hubbs and Leroy Hansberger
for Sewage Connection and Treatment for Tracts 10297-1 and 2. Agreement
supercedes original agreement for developed portion of 10297.
Recommended motion:
Adopt Resolution
Signat e
Contact person: Bernard C Kersey Phone: 384-S393
Supporting data attached: Yes Ward: N A
FUNDING REQUIREMENTS: Amount: N/A Source:
Finance:
Council Notes:
Aaenda Item No 01
CIT _ OF SAN BERNARDIV REQUE_ " FOR COUNCIL ACT, iN
STAFF REPORT
The City of San Bernardino and the Board of Water Commissioners
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 real property shown on a
"remainder parcel" contiguous to the southerly line of Tract 10297 .
This remainder parcel is called an "R.V. Park" in the original
! agreement. The property is located outside the corporate limits of
the City of San Bernardino, in the vicinity of Coulston and Ferree
Streets . There were a total of 307 sewer connections in this agree-
ment. Since entering into the agreement, the following actions have
occurred :
The agreement with E. J. Miller was amended to allow for
assignment of the agreement, and assignments were completed
transferring right and title for Tract 10297 to Auburn
Acres Associates (246 units) , and the R.V. Park property to
E & R Associates (61 units) .
Auburn Acres developed a portion of Tract 10297 , in
particular Tract 10297-1 and 10297-2 for a total of 80
units .
Paul J. Hubbs and Leroy Hansberger acquired title to Tracts
10297-1 and 10297-2 and a revised agreement was developed
and entered into on December - 9, 1986 for these tracts .
Emerich and Company, Inc. , Paul Y.H. Hsu and Donald S.
Clurman acquired title to the undeveloped portion of Tract
10297 , known as Tract 10297-3 .
Emerich and Company, Inc. , Paul Y.H. Hsu and Donald S.
Clurman, submitted a request dated January 5, 1988 asking
that the City transfer the rights under the original
agreement to the present owners . They have submitted with
their request, a title report indicating ownership, copies
of the revised tract maps, and copies of their sewer plans.
In August, 1985 , John Wilson, City Attorney ' s Office, after
a review of a similar agreement for Tract 10532 , determined
that the sewer agreement runs with title to the land .
A total of 166 units remain unused in the original agreement for
Tract 10297. The proposed development is for 123 units, a reduction
in density. It is recommended that a new agreement, submitted
herein, be approved for the new owner of the property, referenced
back to the original agreement, for the right to connect 123 dwelling
units .
The Board of Water Commissioners, at their regular meeting held
January 19 , 1988, voted unanimously to approve the agreement for
sewer connection and sewer treatment.
75.0264
1
2 RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
4 BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND
EMERTCH & COMPANY, INC. , PAUL Y.H. HSU AND DONALD S . CLURMAN
5 RELATING TO SEWER CONNECTION AND SEWAGE TREATMENT FOR TRACT NO.
10297-3 .
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 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 between the City of San Bernardino, Board of Water
11 Commissioners of the City of San Bernardino, and Emerich &
12 ompany, Inc . , Paul Y .H. Hsu and Donald S. Clurman relating to
13 sewer connection and sewage treatment for Tract No . 10297-3 , a
14 copy of which is attached hereto, marked Exhibit "A" and
15 incorporated herein by reference as fully as though set forth at
16 length .
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 ernardino at a _ meeting thereof, held on
20 the day of , 1988 , by the following vote,
21 to wit:
22 AYES : Council Members
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NAYS:
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ABSENT:
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City Clerk
Resolution fcr Agri lent : Sewer
Connection and Treatment
1 The foregoing resolution is hereby approved this day of
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1988 .
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5 Mayor of the City of San Bernardino
6 Approved as to form
7 and legal content
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8 ✓t.
9 �T' City Attorney
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1
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3 A G R E E M E N T
4
SEWER CONNECTION AND SEWAGE TREATMENT
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6
7 THIS AGREEMENT is made and entered into this day of
8
1988, between the CITY OF SAN BERNARDINO,
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hereinafter called "City" , the BOARD OF WATER COMMISSIONERS OF
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THE CITY OF SAN BERNARDINO, hereinafter called "Board" , and
11 EMERICH & COMPANY, INC. , PAUL Y .H. HSU AND DONALD S . CLUBMAN,
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hereinafter called "Developer" .
13
In consideration of the agreements, covenants, conditions ,
14
and restrictions herein contained , the parties hereby agree as
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follows:
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1 . Recitals .
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A. City and Board entered into an agreement with L.J.
19
Miller on September 4 , 1_979, to provide sewer
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connection and sewage treatment for certain real
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property known as Tract No. 10297 and an R.V. Park ,
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more particularly described and depicted in tentative
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maps filed with the County of San Bernardino.
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25 B . Developer acquired title to the real property known as
26 Tract 10297-3 and more particularly described as:
27 Parcel 3 of Parcel Map No. 4840 in the County of
28 San Bernardino, State of California, as per plat
EXHIBIT "A"
recorded in Book 53 of Parcel maps, pages 97 to
1 99 , inclusive, records of said County and amended
by map recorded in Book 54 of Parcel Maps, pages
2
75 to 77 , inclusive, records of said county .
3 Excepting therefrom a portion lying within Tract
10297-1 recorded in Book 156 of maps , pages 95 to
4 97 , inclusive, and Tract 10297-2 recorded in book
159 , pages 23 to 25 , inclusive, records of said
5 County.
6 C. The real property is physically located outside the
7 corporate limits of the City, but within the Zone of
8 Influence of the City as approved by the San Bernardino
9 Local Agency Formation Commission.
10 D. Agreement entered into on September 4 , 1979 provides
11 for One Hundred Sixty-Six (166) sewer connections for
12 the real property known as Tract No. 10297 and 10297-3 .
13 E. Developer has submitted plans to the County of San
14 Bernardino for One Hundred Twenty-Three (123) dwelling
15 units on this property. This proposed development
16 requires 123 equivalent dwelling unit sewer connec-
17 tions .
18 F . Developer acknowledges that the sewer collection system
19 is under the jurisdiction of the City and that treat-
20 ment facilities are under the jurisdiction of Board .
21 G. Developer acknowledges that Board ' s treatment plant is
22 currently under a cease and desist order of the Santa
23 Ana Regional Water Quality Control Board of the State
24 of California and that modifications are necessary to
25 handle additional capacity.
26 H. Board has secured grants and other funding to finance
27 the necessary modifications.
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I I . This agreement supercedes and replaces the prior agree-
2 ment dated September 4 , 1979 as it relates to the real
3 property known as Tract 10297-3 and described in Sec-
4 tion 1 (B) of this agreement.
5 2 . CONNECTIONS AUTHORIZED. City, Board and Developer
6 agree that the Developer is limited to One Hundred
7 Twenty-Three (123) equivalent dwelling units (EDU 'S) .
8 This right to connect One Hundred Twenty-Three (123)
9 EDU'S will allow the development of One Hundred Twenty-
10 Three (123) single family dwelling units.
11 3 . CAPACITY CHARGE. Developer will pay to City, through
12 the Public Services Department, for transmittal to the
13 Board , the one-time capacity fee for each equivalent
14 dwelling unit at the time building permits are obtained
15 from the County of San Bernardino. The cost shall be in
16 accordance with the schedule of sewer connection fees
17 designated for improvements of the Wastewater Treatment
18 Plant in effect at the time the fees are paid as adopted
19 by City ordinance or resolution.
20 4. Collection System Charge. Developer shall pay to City,
21 through Public Services Department, the one-time
22 collection system charge of $200 .00 per bedroom at the
23 time building permits are obtained , the proceeds of
24 which are reserved for the repair , enlargement and
25 construction of City 's sewage collection system. In the
26 event that the present $200 .00 per bedroom fee is
27 changed by City ordinance or resolution, payment will be
28 made in accordance with the fee in effect at the time of
1 actual application for a sewer connection permit .
2 Additionally, developer will pay to City, through the
3 Public Services Department, all other fees and charges
4 set forth by ordinance or resolution relating to appli-
5 cation for a permit to connect the property to the
6 public sewer .
7 5 . Sewer Service Charge. Pending annexation of the area
8 to City , all users of sewer service connections pursuant
9 to this Agreement shall pay a monthly sewer service
10 charge pursuant to City of San Bernardino Resolution No.
11 83-279, and any future ordinance or resolution applic-
12 able to sewer service for areas outside the corporate
13 limits of the City.
14 6 . Use of Sewer System. Developer hereby agrees to abide
15 by any and all. City and/or Board rules, regulations,
16 ordinances , resolutions, State and Federal laws and
17 requirements established now, or adopted in the future,
18 which regulate, manage and control the sewer system.
19 7 . Cost of Installation. City, subject to payment of all
20 applicable sewer connection fees and filing an appli-
21 cation for a permit to connect to the public sewer ,
22 permits Developer to install and construct sewer lat-
23 eral (s) connecting the sewer plumbing system in any
24 building on the property described in Paragraph 1 of
25 this Agreement, for which a permit to connect has been
26 obtained , to an existing sewer main of the City. Said
27 installation, construction and connection shall be made
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1 at Developer ' s sole cost and expense .
2 8 . Permits . Developer agrees to apply for and obtain from
3 the government and/or other utility having jurisdiction,
4 all necessary permits, including a street or highway
5 excavating permit for the sewer line hookup and install-
6 ation of laterals .
7 9. Repair of Sewer System. In case it may become necessary
8 to repair or replace any part of the sewer system, City
9 and/or Board is hereby authorized to close any valve or
10 valves in any of the mains in the City, or at the point
11 of connection between the main or lateral of the City
12 and the lateral of Developer , as may be necessary for
13 the protection of said sewer system, or to meet the
14 exigency of the situation . It is expressly covenanted
15 and agreed that City and/or Board shall not be held
16 liable or accountable for any bursting , breakage,
17 stoppage, or accident of any kind that may occur to said
18 sewer system, connection, or sewer laterals .
19 10 . Hold Harmless. Developer hereby agrees to, and shall,
20 hold City and Board , and their officers , agents , and
21 employees harmless from any liability for damage or
22 claims for personal for damage injury,g p j y, including death,
23 as well as from claims for property damage which may
24 arise from Developer ' s performance under this Agreement,
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whether such performance be by Developer or by any one
26 or more persons directly or indirectly employed by or
27 acting as agent for Developer . Developer agrees to and
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I shall defend City and Board , and their officers , agents
2 and employees from any suits or actions at law or in
3 equity for damages caused , or alledged to have been
4 caused , by reason of any of Developer 's performance
5 under this Agreement.
6 11 . Interruption of Service. It is mutually covenanted and
7 agreed that City shall not be accountable or liable, nor
8 shall such be held or considered as a breach of this
9 contract, for failure to provide sewer services to
10 Developer , growing out of any breakage, stoppage or
11 sewage "back-up" in sewer pipes, accident or injury of
12 any kind occurring to the sewer and sewage treatment
13 system, or on account of any suit, proceeding , judgment
14 or decree in any court of record , restraining or
15 interfering with the performance under this Agreement on
16 its duties hereunder; nor shall the City and/or Board be
17 held accountable or liable under this Agreement for any
18 failure to supply sewer services growing out of any
19 inability to operate its sewer or treatment system
20 occasioned by any accident, Act of God , strike, riot or
21 public enemy.
22 12 . Termination of Agreement. In case developer shall, at
23 any time, make any default in the performance of any of
24 the covenants, conditions and agreements to be kept and
25 performed by it on its part, including payments herein
26 provided for , and if any such default shall continue for
27 a period of thirty (30) days, then and in that case,
28 this Agreement may forthwith be terminated at the option
1 of the City upon giving ten (10) days notice in writing
2 of its intentions to do so, and thereupon the sewer
3 services may be discontinued .
4 13 . Assignment. Developer shall not assign this Agreement
5 without first obtaining City ' s and Board ' s written
6 consent.
7 14. Notices . All notices herein required shall be in
8 writing and delivered in person or sent by certified
9 mail, postage prepaid , addressed as follows:
10
11 CITY BOARD
12 City Clerk Board of Water Commissioners
13 City of San Bernardino City of San Bernardino
300 North "D" Street 300 North "D" Street
14 San Bernardino, CA 92418 San Bernardino, CA 92418
15 DEVELOPER
16 Emerich & Company, Inc .
17 Paul Y.H. Hsu
Donald S. Clurman
18 P.O. Box 386
Redlands , CA 92373
19 IN WITNESS WHEREOF, the parties hereto have executed this
20 Agreement as of the date and year first above written.
21 CITY OF SAN BERNARDINO
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23 By
Mayor
24 ATTEST:
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26 City Clerk
27 (Seal)
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Agreement - Sewer Coi.aection
and Storage Treatment
BOARD OF WATER COM U SSIONERS
1 OF THE CITY OF SAN BERNARDINO
2 By:
President
3 ATTEST:
4
5 Secretary
(Seal)
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7
DEVELOPER
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10 By.
Emerich & Company, Inc .
Paul Y.H. Hsu
11 Donald S. Clurman
12 (Seal)
13 Approved as to form
14 and legal content
16 City Attorney
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