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HomeMy WebLinkAboutContracts & Agreements_1-1986_CCv0001.pdf SEWER MAIN EXTENSION AGREEMENT THIS AGREEMENT is entered into by and between MOZAFAR BEHZAD ( "Mo Behzad" ) , doing business as BEK Engineering, and the CITY OF REDLANDS ( "City" ) , a municipality within the State of California. RECITALS 1 . Mo Behzad is the owner of certain real pro- perty in the City located immediately north of Pennsylvania Avenue and extending from Clay Street on the west to the boundary of a lot owned by the City on the east and designated by the City for a proposed fire station. Mo Behzad has received City approval of Tentative Tract No . 13125 and Conditional Use Permit No. 439 for the subdivision and development of his real property. 2. As a condition of subdivision and development of his real property, and pursuant to City ordinances and development re- quirements , it will be necessary for Mo Behzad or his successor in interest to install and connect a sewer main extension from the existing 8-inch sewer at the intersection of Pennsylvania Avenue and Clay Street along the entire frontage of his property within Pennsylvania Avenue pursuant to plans and specifications approved by the City. 3 . The City wishes to immediately construct its fire station on the lot to the east of Mo Behzad ' s property and front- ing on Pennsylvania Avenue . In order to permit connection to a sewer main when that construction is complete, and to accommodate the development which subsequently occurs on Mo Behzad ' s property, the City proposes to design, construct and connect the sewer main extension within Pennsylvania Avenue along the entire frontage of Mo Behzad' s property and a portion of a lot owned by the City, upon condition that Mo Behzad agrees on behalf of himself, his heirs and his successors in interest to reimburse the City for the actual cost of designing, constructing, connecting and in- specting the sewer main extension and related street repairs within Pennsylvania Avenue, plus interest from the date of com- pletion of the project until the date of reimbursement. 4 . The purpose of this Agreement is to provide a writ- ten memorandum of the agreement between Mo Behzad and the City. TERMS S . The City agrees to design, construct , install and connect an 8-inch sewer main extension within Pennsylvania Avenue from the terminus of the existing sewer main in the intersection of Clay Street and Pennsylvania Avenue along the entire frontage of the property owned by Mo Behzad and a portion of the lot to the east of Mo Behzad ' s property and owned by the City, as shown -2- in the diagram attached hereto as Exhibit "A. " Upon completion the City will submit to Mo Behzad a statement of actual costs incurred and the date of completion. 6. Mo Behzad agrees on behalf of himself, his heirs and successors in interest that prior to obtaining building permits for any of his property referenced in Paragraph No . 1 herein, he will reimburse the City for all costs incurred in designing, inspecting, constructing and installing the sewer main extension, including necessary street repairs , plus interest from the date of comple- tion of the extension until the date of reimbursement to the City. The interest shall be at the rate determined by the City Treasurer to be the average interest earned by the City on invested funds between the date of completion of the sewer main extension project and the date of reimbursement to the City. 7. Mo Behzad agrees on behalf of himself, his heirs , successors and assigns that full reimbursement to the City as set forth in this Agreement shall be a condition precedent to obtain- ing building permits for any of his property in Paragraph No . 1 herein. -3- ASSIGNMENT 8. In the event that Mo Behzad conveys any of his real property herein described to a successor in interest, he agrees to advise said successor of the obligation set forth in this Agreement, and to assign the Agreement to said successor. ENFORCEMENT 9 . In the event of any legal action to interpret or en- force the terms of this Agreement, the prevailing party shall be entitled to reimbursement of costs and reasonable attorneys fees . 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