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
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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
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set forth at length herein.
11
I HEMY CERTIFY that the foregoing resolution was duly adopted by
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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 - >.
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18 A$S
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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
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. 1 ram''= _ T
City Clerk
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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
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authorized and directed to execute on behalf of said City any Afferent with
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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,
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marked Exhibit "A" and incorporated herein by reference as fully as though
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set forth at length herein.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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the Mayor and Common Council of the City of San Bernardino at *
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meeting thereof, held on the /ram; days<ef i , 197 ,
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by the following vote, to*-+0tit:15 AYES: Cosmic/lnre YeZA ) 1.��
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NOES:
18 ABSENT: Co ,_ re.e.,i ce /
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20 LUCILLE GOFORTH
21 City Clerk
22 The foregoing
go ng resolution is hereby approved this .-;�li� day of
23
, 1977.
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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
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City Clerk
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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