HomeMy WebLinkAboutContracts & Agreements_13-1984_CCv0001.pdf AGREEMENT
THIS AGREEMENT is entered into by and between San Bernardino
County, hereinafter known as "COUNTY" and City of Redlands , herein-
after known as "CITY."
WITNESSETH
WHEREAS, the County Office of Community Development (OCD) was
established and appointed to act as agent to administer the Federal
Community Development Block Grant (CDBG) Program, and;
WHEREAS, the County has constructed a 6 , 800 linear foot sewer
main extension (hereinafter known as "extension") in accordance
with City standards connected to an existing sewer main owned by
the City, located at the intersection of Wabash Avenue and Lugonia
Avenue in the Mentone target area to serve the residents of the
Mentone target area;
WHEREAS, the alignment of the extension is within Wabash
Avenue from Lugonia Avenue to Nice Avenue, within Nice Avenue from
Wabash Avenue to Grafton Avenue, and within Grafton Avenue from
Nice Avenue to a point 352 feet northerly thereof;
WHEREAS, the parties hereto, individually and separately
desire for the City to provide for the operation and maintenance
of the said sewer main and shall continue for a term in perpetuity;
WHEREAS, the parties hereto, individually and separately desire
for the City to reimburse the CDBG Program for the extension;
NOW, THEREFORE, in consideration of the above premises herein
contained, the parties hereto do hereby agree as follows:
SECTION I - The ownership and title to said extension as
installed by the County is hereby conveyed to and vested in the
City and the City shall operate and maintain said extension and
properly treat and dispose of all effluent from said extension.
SECTION II - City agrees that it will at all times operate
and maintain the extension in accordance with established health
and safety standards .
SECTION III - It shall be the responsibility of the City to
collect :)ermi—t—Tees, sewer frontage charges , sewer construction
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charges and the regular monthly or bi-monthly sewer service charge,
and any other sewer charges all in accordance with City ordinances
and resolutions.
SECTION IV The City shall reimburse the County (Office of
Communityy—D—evelopment) for actual design and construction cost
of said extension by providing payment to the County of all fees
collected by the City for sewer frontage charges for connection
to said extension. The amount to be reimbursed hereunder may be
equal to but shall not exceed the <established cost of the design
and construction in the amount of $244, 800.
SECTION V - The sum of $244, 800 divided by the 6,800 linear
foot lengthofthe extension equals $36. 00 per linear foot. This
figure divided by 2 yields an $18. 00 per linear foot frontage
charge for either side of the street along the length of the
extension. In order to reimburse the County for its costs , a
minimum of $18. 00 per linear foot of street frontage shall be
charged by the City for the connection of any service to the
sewer extension. This unit charge shall otherwise amount to no
less than the standard "Sewer Main Frontage Charges. "
SECTION VI - No later than January 31 of each calendar year,
the CitysTiall remit to the County to reimburse the CDBG Program
the minimum frontage charge collected annually. The County shall
request by letter no later than December 31 of each calendar year
that City remit said frontage charge to County. Failure by County
to make said request does not relieve City' s responsibility under
this section.
SECTION VII - The City shall provide, along with said payment
to the County, an annual accounting of all said frontage charges
along the extension collected for each calendar year.
SECTION VIII - If any one or more of the terms , provisions,
sections, promises , covenants , or conditions of this Agreement
shall to any extent, be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever, by a court of competent
jurisdiction, each and all of the remaining terms , provisions ,
sections, promises, covenants , and conditions of the Agreement
shall not be affected thereby, and shall be valid and enforceable
to the fullest extent permitted by law.
SECTION IX - This Agreement s1-iall be dated the date of exe-
cution of this Agreement by the last of the parties hereto that
executes this Agreement and shall be effective on the date hereof
and shall continue for a term in perpetuity unless sooner rescinded
or terminated by agreement of the parties hereto.
SECTION X - Each party agrees to indemnify, defend, and save
harmless the other party from any and all claims , losses , and
damages occurring or resulting from any negligent or wrongful
act or omission of its officers , agents, or employees in the
performance of this contract.
IN WITNESS WHEREOF, the parties have hereto executed this
Agreement on the date last hereinafter written.
COUNTY OF SANINO CITY OF REDLANDS
By - . By
Robe�t`�a`-F-rar. -oc Gargle Beswick,
Vjr.e Chairman, Beard, of Mayer
Supervisors
Dated: JUL 0 9 1984 _ Dated. June SZ 1984
APPROVED AS TO FORM ATTEST:
OFFICE OF COUNTY COUNSEL,
ity Cler
Dated• Dated. June 1984
RECOMMENDED AS TO CONTENT
County Administrative Officer
Dated:
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