HomeMy WebLinkAbout01776 - RIVERSIDE COUNTY CROSSLEY TRACT SEWER MAINTENANCE r 1
Riverside Co. - City to oper &
l maintain sewer facil in Gross-
OPERATION AND MAINTENANCE AGREEMENT FOR SEWEF ley Tract
2 IN THE AREA DESIGNATED AS THE CROSSLEY TRAC AGREEMENT #1776 (orig 12-1-81
COMMUNITY DEVELOPMENT BLOCK G Mo 3012, 11-4-81
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4 THIS AGREEMENT, dated as of /.,�, �_% ;y0�g.r` A /� ' between the
5 COUNTY OF RIVERSIDE, a legal subdivision of the State of California, ("County" )
and the CITY OF PALM SPRINGS, a municipal corporation duly organized and
6 existing under the laws of the State of California ("City") ,
7 WITNESSETH:
8 WHEREAS, City and County are each empowered by law to construct,
operate and maintain sewerage systems and authorized to cooperate jointly
9 exercise such powers common to them; and
10 WHEREAS, the sanitation facilities of City are located in close
proximity and topographically to serve the sewer needs of Crossley Garden
11 Tract residents and its City Council has authorized connections to the city
sewer system by minute order of September 5, 1979, which is attached hereto
12 and incorporated by reference; and
13 WHEREAS, County has completed its construction of the sewer lines
at Crossley Garden Tract Area, assisted residents in securing loans for the
14 -construction of residential lateral lines to be connected to the city' s sewer
system, and County will pay the connection fees for said connections; and
15
WHEREAS, City is willing, able and ready to connect the Crossley
16 Garden Tract Area to its sewerage system for the purpose of operating and
maintaining said system and collect charges from the Crossley Tract residents
17 for the same;
18 NOW, THEREFORE, City and County, for and in consideration of the
mutual benefits, promises and agreements set forth herein, agree as follows:
19
Section 1 . County' s Transfer Objectives.
20
(a) County to Transfer Title. County shall , concurrently
21 with the execution of this agreement by the parties hereto, TL'
transfer to City, good and marketable title, free and clear
22 of all liens, charges, mortgages, encumbrances or equities L
of any kind whatsoever, to the sewer improvements describedrL
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23 in the plans for the County of Riverside, Crossley Garden
Tract, Specification No. 80-1 , dated Play 1980.
24
(b) County to Crant Easement Rights. County shall , con-
25 currently, with the execution of this agreement, grant City L'u
easement rights in the road right of way within which said vlyll
26 sewer improvements were constructed to enable City to
operate, maintain, repair and replace said improvements
27 for the Crossley Garden Tract Area.
28,
10 a. 3
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10 a 4
1 (c) Litigation Guarantee. County warrants that there
is no suit, action or legal , administrative, arbitration or
2 other proceeding or any investigation pending, or to the
3 knowledge of County threatened, against County, which affects
its title to the sewer improvement or its right to convey
4 same to City.
5 (d) Further Assistance. As and when from time to time
requested by City, and without further consideration, County
6 shall execute and deliver such instrument of conveyance and
transfer and take such other actions as may be necessary in
7 order to effectively convey and transfer the sewer improve-
ments described above.
8 (e) One Year Guarantee. County will attempt to secure
Contractor' s consent to transfer and assign County' s rights,
under that contract between County and B & B Pipeline, Inc. ,
for construction of the aforementioned improvements, to
10 City. If County is unsuccessful , it shall bring any necessary
11 action, as directed by City, to correct any system defects due
to faulty material or workmanship discovered by City, within
12 one year from the date of completion of the contract.
13 Section 2. Maintenance and Operation of System.
„i City shall maintain and operate the aforementioned system
14 �S after transfer of same by County. As with its system within
15 �(:� ) its boundaries, City shall , to the same extent, repair, clean�s,�-
��, and replace trunk mains a�td-laterals ��{3-to--ifs-pr peaty-lir�es��-// l`4�:
as deemed necessary for ordinary operation and sewer maintena4c"e.
16 '�`U",1
Section 3. Connection of residential Units to Sewer System.
17
Upon completion of building permit approval , construction
18 of lateral lines, removal of septic tanks, building inspection
and payment of connection fees, City shall permit the respec-
19 tive residential units, located within the Crossley Garden
Tract Area, to be connected to the aforementioned sewer system.
20 County and City shall cooperate and coordinate their activities
as to issuance of building permits and inspections of septic
21 tank removal , sewer lateral construction and residential hook- up
to the sewerage system.
22
Section 4 . Billing Procedure.
23
City presently collects its sewer charges with its general
24 taxes on the tax roll pursuant to California Health and Safety
Code, Section 4573. If City is legally disabled to collect
25 the charge in the same manner from the Crossley Garden Tract
Area owners because the real property is situated in the un-
26 incorporated area of County, City shall contract with each
owner upon a residential sewer connection and bill for same by
27 City' s usual procedures.
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I Section 5. Hold Harmless.
2 Other than those obligations designated herein by County
3 to City, City agrees to hold County free and harmless from
any loss, damages, or liability that may arise after the
4 transfer of the sewerage system, including, but not limited
to damages due to maintenance and operation by City.
5 Section 6. Successors.
6 This Agreement shall be binding upon and shall inure
7 to the benefit of the successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
8 to be executed and attested by their proper officers thereunto duly authorized,
9 their official seals to be hereto affixed, as of the date first above written.
10 CITY OF PALM SPRINGS
11
12 By /1Z '4
Attest: Ne•r
13 NORMAN R. KING
T 14 CITY MANAGER
% � � _
� City Clerk
15 APPROVED AS TO FORM
Seal )
16
17 APPROVE0 BY THHc C9YY
18 BN,AES-'N' `. 01,)w �r/,�f✓ � �c;ty o rney
19 COUNTY OF RIVERSIDE
20
21 By
Attest: 8EL A 61 Chairman, Board Supervisors
22 Donald D. Sullivan,
County Clerk and Ex Officio
23 Clerk of the Board of
Supervisors
24
25 By
Deputy 17
26 (Seal ) APPROVED AS TO FORM
27 James H. Angell , County Counsel
28
BY
Deputy
3 10 a 5
MINUTE ORDER NO. 3012
APPROVING AN OPERATION AND MAIN-
TENANCE AGREEMENT FOR SEWER FACILITIES
CONSTRUCTED IN THE AREA DESIGNATED AS
THE CROSSLEY TRACT THROUGH THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
I HEREBY CERTIFY that this Minute Order, approving an operation
and maintenance agreement for sewer facilities constructed in the
area designated as the Crossley Tract through the use of Community
Development Block Grant Funds, was adopted by the City Council of
the City of Palm Springs, California, in a meeting thereof held on
the 4th day of November, 1981.
ITH SUMI
L:)City Clerk
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