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HomeMy WebLinkAboutContracts & Agreements_20-1977''THEN RECORDED, RETURN TO: CITY' CLERK CITY OF REDLANDS POST OFFICE BOX 280 REDLANDS, CA. 92373 A G R E E M E N T THIS AGREEMENT is made and entered into this day off, 1977, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "San Bernardino", and CITY OF REDLANDS, a municipal corporation,•hereinafter called "Redlands". WITNESSETH: WHEREAS, San Bernardino is in the process of providing a sewer line known as the Southeast Industrial Parks Project Single Trunk Sewer System; and WHEREAS, Redlands desires and has determined that the sewer line being installed by San Bernardino to the intersection of San Bernardino Avenue and Richardson Street can serve, future require- ments for sewer service to an area hereafter sometimes referred to as "aforesaid area" -within the northwest portion of Redlands and more particularly ,described as: Bounded on the east by Nevada Street, on the north by Norton Air Force Base, on the west by Mt.-. View Avenue, and on the south as follows: Beginning at the inter- section of Mountain View Avenue and the westerly prolongation of Park Avenue; thence easterly along the prolongation of Park Avenue to California Street; thence south along California Street to Barton Road; thence easterly along Barton Road to Nevada Street and; WHEREAS, in order for the sewer line to provide future service for the aforesaid area of Redlands it is necessary that said sewer lane be of an 18" minimum size; and WHEREAS, if San Bernardino was not providing additional capacity for Redlands as contemplated aforesaid, San Bernardino would have installed a smaller sewer line at a lesser cost; and WHEREAS, Redlands has determined that any available means of providing sewer service to the northwest portion of Redlands from Redlands' existing sewer system would be more expensive than having San Bernardino provide the larger sewer line; and WHEREAS, it is contemplated that Redlands will at some time in the future desire to connect to the sewer line provided for herein and the parties hereto will enter into agreements provid- ing for the extension of the sewer line within San Bernardino Avenue, between Richardson Street and Mt. View Avenue through what is now County area to the City of Redlands, and that Redlands and San Bernardino will enter into a .joint powers agreement providing for Redlands to bear its fair share of the costs for San Bernardino to process Redlands' sewage introduced into the San Bernardino sewer system pursuant to said sewer line; and WHEREAS, Redlands agrees to pay the sum of $78,525.00, plus the pro-rata share of additional costs of approved change orders, to San Bernardino as and for an inducement to San Bernardino to provide additional capacity of said sewer line being constructed by San Bernardino, and San Bernardino desires to accept said sums as and for said purposes, NOW,THEREFORE, in consideration of the mutual covenants, conditions and legal detriments herein contained, it is agreed as follows: 1. San Bernardino agrees to cause the construction and completion of San Bernardino Southeast Industrial Parks Project Single Trunk Sewer System in an 18" minimum size in San Bernardino Avenuo to its intersection with Richardson Street to provide capacity for City of Redlands for sewer service to aforesaid area. 2. The low bid price for the sewer project is $552,198.00 and Redlands shall pay the sum of $78,525.00 to San Bernardino as and for an inducement to San Bernardino for the installation of said sewer line in the 18" minimum size. Further, Redlands shall pay to San Bernardino for said purposes the amount of $4,828.00 which is 14.022% of the costs incurred by San Bernardino for contract change orders. All sums payable by Redlands to San Bernardino -hereunder Shall be -cai d in fu11 t7i thin thi rt3r days after completion of the sewer line, or receipt of billing therefor, whichever is the later. 3. It is understood and agreed by the parties hereto that Redlands and San Bernardino will at some presently undetermined future time enter into further agreements for the extension of the terminus of the sewer line to the City limits of Redlands at Mt. View Avenue and for the purpose of providing for Redlands to bear its share of the Cost of processing sewage from Redlands in San Bernardino's waste water treatment facilities. San Bernardino shall have the right to connect laterals to this further extension of the sewer 2- line. Said extension of the sewer line shall be at least 15" in diameter. Further, it is understood and agreed by the parties hereto, that Redlands shall not connect -up to the sewer line terminating at Richardson Street until such time as the agreements are entered into, and the additional sewer line is constructed to Redlands city limits. 4. All use by Redlands of any extension of the sewer line shall be limited to serving that area of Redlands described as follows: Bounded on the east by Nevada Street, on the north by Norton Air Force Base, on the west by Mt. View Avenue, and on the south as follows: Beginning at the intersection of mountain View Avenue and the westerly prolongation of Park Avenue; thence easterly along the prolongation of Park Avenue to California Street; thence south along California Street to Barton Road; thence easterly along Barton Road to Nevada Street. 5. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: Director of Public Works/ City Engineer 300 North "D" Street San Bernardino, CA 92418 Director of Public Works City of Redlands Post Office Box 280 Redlands, CA 92373 6. This agreement may be amended or modified only by written agreements signed by both parties. 7. Time is of the essence of the s agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first-hereinabove written. ATTEST - City Clerk ATTEST: Appro� as to Fo CITY OF SAN BERNA CITY OF REDLANDS 71" a o Approved as to Form: b V L/%�' C/f "cam{Ciiv/JS 1 RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OT 5AN SM*?A�DINO Atli , � III 4ftTe WICUT OF AN AGREZE WNT WITH THE CITY OF R£'.DIANDS, REL&TTUG TO 4C3NST'ftVrT10iq .r 'T IE ._ i I RA 3 SOUTHST INDUSTRIAL PARKS PROJECT SINGLE Ti+,USK SEATER ``'�"�' f 4 BE IT RESOLVED BY THE MAYOR AND CO1HgN COtT:�iG`IL 0 BERNARDINO AS FOLLOWS: 5 SECTION 1. That the Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute on behalf of said City an Agreement with 7 the City of Redlands, relating to construction of the Southeast Industrial 8 Parks Project Single Trunk Sewer System, a copy of which is attached hereto, 4 marked Exhibit "e and incorporated ?Herein by reference as fully as though 10 set forth at length herein. 11 I HEMY CERTIFY that the foregoing resolution was duly adopted by 12 the 2ftyar and £own Council of the City of San Bernardino at a�� G 13 meeting thereof, held on the_ , day -of "ll"enz-,61, IM 14 by the following vote, to -brit: 15 AYES: Counizilme. y J 16 - >. . 17 18 A$S 19 20 LUCILLE GOFORTH 21 City Cleric 22 The foregoing resolution is hereby approved dap of 23 l ,� 1977. 24 % 25 W. R. HOLCOMB 26 Mayor of the City of San Bernardino 27 Approved as to font: 28 City Attorney 1 State of California ) County of San Bernardino ) SS 2 City of Sou Bernardino ) 3 I do hereby certify that the foregoing Resolution No. 5 <7 J f is a full, true and correct copy of that now on file in this office. 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the 5 seal o the City of San Bernardino, this -.-2 day of , 1977 6 7 8 . 1 ram''= _ T City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NEW BUSINESS (Continued) Resolution Resolution No. 3372, a resolution of the City Council No. 3372 declaring the intention to vacate a portion of Magnolia Avenue between Bellevue Road and Lakeside Avenue, was Intent to adopted by AYE votes of all present on motion of Vacate Councilwoman Grace, seconded by Councilman Knudsen. Magnolia Ave. This resolution sets the public hearing for the Council meeting of July 19, 1.977, on this street vacation. CITY MANAGER Resolution No. 3370, a resolution of the City Council of Resolution the City of Redlands providing for the destruction No. 3370 schedule of certain specified records of "the Police Records Department, was adopted by AYE votes of all present on Destruction motion of Councilman Knudsen, seconded by Councilwoman Grace. Councilwoman Grace explained that the Park Commission had discussed at length the proposed transfer of $25,000 from the Park Acquisition and Development Tax Fund to the Transfer Recreation Fund in order to complete the tennis courts at of Funds Ford Park. Mrs. Grace further stated that the Park Commission was not unanimous on this decision, but had Tennis approved it. Mrs. Grace then moved for approval of Courts transfer of $25,000 from the Park Acquisition and Development Tax Fund to the Recreation Department. The motion was seconded by Councilman Knudsen and approved by AYE votes of all present. An agreement by which the City of San Bernardino will pro- City- vide the City of Redlands capacity by over -sizing their sewer trunk was approved on motion of Councilman Knudsen, County seconded by Councilman Miller, with authorization for the Sewer Mayor to sign the agreement. This agreement will provide Agreement gravity sewer service to the northwestern portion of the City of Redlands and will cost $83,353. Resolution Resolution No. 3373 is a resolution of the City Council No. 3373 providing a processing fee for all outside the City sewer service applications other than domestic single family Outside dwellings. This resolution was adopted by AYE votes of City Sewer all present on motion of Councilwoman Grace, seconded by Fees Councilman Knudsen. Resolution No. 337.4 and Resolution No. 3375 which were Capital resolutions recommending the establishment of capital Improvement improvement funds for water facilities and capital improve - Funds ment fund for sewer construction were both presented for Water & Sewer adoption by Councilman Knudsen and both lost by lack of seconds. Page five - July.5, 1977 GiJ/ OF '-z-4;v4 r 0 S 1 RESOLUTION NO. /,? fV/ _ R. 2 RESOLUTION OF THE CITY OF SAN BERNAHDINO AUTH .i )18tkiit EXECUTION- OF AN Aummona WITH THE CITY OF REDLANDS, RELATING TO fin. _ t 3 SOUTHEAST INDUSTRIAL PARKS PROJECT SINGLE TRUNK SEWER griffinearTmrelp 4 BE IT RESOLVED BY THE MAYOR MID COMMON COUNCIL O�l ; 41 ea BERNARDINO AS FOLLOWS: "' ►'" 5 SECTION 1. That the Mayor of the City of San Bernardino is hereby 6 authorized and directed to execute on behalf of said City any Afferent with 7 the City of Redlands, relating to construction of the Southeast Industrial 8 Parks Project Single Trunk Sewer System, a copy of which is attached hereto, 9 marked Exhibit "A" and incorporated herein by reference as fully as though 10 set forth at length herein. 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 12 the Mayor and Common Council of the City of San Bernardino at * 13 meeting thereof, held on the /ram; days<ef i , 197 , 14 by the following vote, to*-+0tit:15 AYES: Cosmic/lnre YeZA ) 1.�� 16 17 NOES: 18 ABSENT: Co ,_ re.e.,i ce / 19 20 LUCILLE GOFORTH 21 City Clerk 22 The foregoing go ng resolution is hereby approved this .-;�li� day of 23 , 1977. 24 25 W. R. HOLCOMB 26 Mayor of the City of San Bernardino 27 Approved as to form: 28 ''.:PH H. PRINC] City Attorney 1 State of California. ) County of Be rdino ) SS 2 City of San Bernardino ) 3 T do hereby certify that the foregoing Resolution No. , "r , / is a full, true and correct copy of that n on file in this office 4 IN WITNESS `Ri HOF, I have hereunto set my hmtd and affixed the 5 seal of the City of San Bernardino, this_ s'� .., day of a°sr, , 1977 6 7 8 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAN BERNARDINO COUNTY RECORDER Hall of Records (2nd Floor) V. DENNIS WARDLE 172 West Third Street Clerk -Recorder San Bernardino, CA 92415 (714) 383- 2281 City Clerk Cittr of Redlands P.O. Box 280 Redlands, CA 92373 August 1, 1q 77 RUSSELL McKELVEY Assistant Recorder ROBERTP. GRAHAM Chief Deputy We return the enclosed AgreementUNRECORDED for the reason indicated below. Your attention is called to the corresponding red check marks on the document. The Signatures must he acknowledged before a Notar-r Public. Your check/voucher No 0000 for $ 0000 is herewith returned. NOTE: The recording fee will be $ 0 . Please send proper fee to avoid the necessity of making a refund. REFUND PROCEDURES: None on $1.00 or less; those over $1,00, automatically through the Auditor's Office within a month as all funds are deposited through the Auditor. Recording fees: Copy Fees: $3.00 for first page $1.00 for first page $1.00 each additional page $0.50 each additional page Multiple Title Document $1.00 certification $3.00 each additional Title Documentary Transfer Tax When the consideration or Value on Deeds and Conveyances (exclusive of any lien or encumbrance remaining thereon at the time of sale) exceeds $100, the tax is computed at 55 cents for each $500 or fraction. Yours very truly, V. DENNIS WARDLE, Clerk - Recorder By Deputy 12-9836-491 Rev. 11/76