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RESOLUTION NO. / ().. (, t/, ;;-
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH ROBERT PRYOR AND EDITH PRYOR
FOR THE INSTALLATION OF A SEWER LINE AT 3985 PALM DRIVE, SAN
BERNARDINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with Robert Pryor and Edith Pryor for the installation
of a sewer line at 3985 Palm Drive, San Bernardino, California,
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a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth
at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
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on the /7- day
~. ~eting thoreof, held
Of) / . , 1971, by the following
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vote, to wit:
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AYES:
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NAYS,
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ABSENT:
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;' e foregoing resolution is hereby approved this ;:Zad!
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day of
, 1971.
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as to
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70 the City of San Bernard~no
Pro Tempore
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THIS AGREEMENT is made and entered into this ;2b~ day of
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, 1977, by and between the CITY OF Sili~ BElli~ARDINO,
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;j1 munici 1 corporation, hereinafter called "City", and ROBERT
PRYOR and EDITH PRYOR, husband and wife, hereinafter called
llPryors".
W ! ! !i ~ SSE T !!:
WHEREAS, pryors own and reside upon certain real property
situated at 3985 Palm Drive, San Bernardino, California, and more
particularly described as follows:
All that real property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
The west 1/2 of Lot 4, Arrowhead Suburban Farms,
Tract "B" as per plat thereof recorded in Book 2 of
Maps, page 44 records of the County Recorder of San
Bernardino County
and;
WHEREAS, the aforesaid described property is located
approximately 250 feet south of Fortieth Street in the City of San
Bernardino and is not served by City's sewers; and
WHEREAS, the City has prepared its Plan No. 4980 for a
sewer line to be installed in Palm Drive for the distance of
approximately 250 feet south of Fortieth Street; and
WHEP~AS, Pryors desire that said sewer line be extended as
provided in Plan No. 4980 by City, and pryors desire to pay the
cost for the installation of said sewer line as aforesaid; and
WHEREAS, City desires to install said sewer line as pro-
vided by City's Plan No. 4980 with Pryors paying the cost of the
construction and installation thereof,
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NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and detriments it is agreed as follows:
1. City will advertise for bids, provide all inspections,
and perform all engineering work in connection with the sewer pro-
ject provided for herein at no cost to the Pryors for the afore-
said services.
2. Prior to awarding of a contract by City for the con-
struction and installation of the sewer line, pryors shall deposit
with City the total amount of the contract cost for the con-
struction and installation of the sewer line from Fortieth Street
to Pryors' property as provided by City's Plan No. 4980. For
reference purposes only, the estimated cost for the construction
and installation of the sewer line is the sum of five thousand
dollars ($5,000.00) and pryors acknowledge and represent that they
are familiar with Plan No. 4980.
3. After Pryors have deposited the total cost for the pro-
ject with City, then City shall award the contract to the lowest
responsible bidder and direct the contractor to install the sewer
line in accordance with said Plan No. 4980.
4. Since Pryors are paying for the cost of installing the
sewer line, they shall not be charged a fee by City for connecting
one sewer lateral from their home to the sewer line. Provided,
however, that in the event Pryors desire to connect more than one
sewer lateral to said sewer line, then they shall be required to .
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pay the nO:r-mal connection fee required by City Ordinance No. 2158'
for any additional laterals. Further, pryors' property shall be
subject to all other sewer charges normally imposed by City
pursuant to Ordinance No. 2175 as illuended, or other laws or
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1 amendments thereto hereinafter enacted.
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5. Pryors agree to abide by City's rules and regulations
3 "al1d laws relative to the maintenance and operation of City's
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4 isewer and wastewater treatment system and of the pryors' sewer
5 and pllli~ing system, including, but not limited to, Ordinance No.
6 3034 or other ordinances, laws, or amendments hereinafter enacted
7 regulating the discharge of wastes into the City sewage system.
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6. When the sewer line is installed and completed, said
9 sewer line shall be and remain the property of the City.
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7. City shall, in its sole discretion, determine whether
11 or not there shall be any extra work added to the sewer con-
12 struction contract because of unforeseen contingencies, and in the
13 event that City determines that such extra work is necessary for
14 the specific project, then pryors agree to and shall pay to City
15 the actual cost of any such extra work prior to connecting their
16 property to the sewer line.
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8. In the event Pryors fail to deposit the sum of money
18 required by Paragraph 2 hereinabove within ten (10) days after
19 demand by the City's Director of Public Works/City Engineer to so
20 do, then this agreement shall be null and void and of no force and
21 effect.
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9. Pryors hereby agree to, and shall, hold City, its
23 elective and appointive boards, co~~issions, officers, agents and
24 employees harmless from any liability for damage or claims for
25 damage for 'personal injury, including death, as well as from
26 claims for property damage which may arise from City's operations
27 under this agreement, whether such operations be by City or by
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[acting as agent for City. Pryors agree to and shall defend City
and its elective and appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in equity
for damages caused, or alleged to have been caused, by reason of
any of the aforesaid operations, and it is mutually covenanted and
agreed that City shall not be accountable or liable, nor shall
such be held or considered a breach of this contract, for failure
to provide sewer services to Pryors, growing out of any breakage,
stoppage or sewer "back up" in sewer pipes, accident or injury of
any kind occurring to the sewer and sewage treatment system, or on
account of any suit, proceeding, judgment or decree in any court
of record, restraining or interfering with performance under this
contract or its duties hereunder; nor shall City be held account-
able or liable under this agreement for any failure to supply sewe
services growing out of any inability to operate its sewer or
treatment system occasioned by any accident, Act of God, strike,
riot or public enemy.
10. This agreement represents the entire agreement of the
parties.
11. 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 Worksl
City Engineer
300 North "D" Street
San Bernardino, CA 92418
Mr. and Mrs. Robert Pryor
3985 Palm Drive
San Bernardino, CA
12. Time is of the essence of this agreement.
13. Pryors agree not to assign this agreement without the
prior consent of City first had in writing.
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14. This agreement and the terms, covenants, and conditions
2 hereof apply to and are binding on the heirs, successors,
3 executors, administrators, and assigns of the parties hereto.
4 IN WITNESS ~mEREOF the parties hereto have executed this
5 agreement on the date first hereinabove written.
6 BEfu~ARDINO
ATTEST:
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Mayor Pro Tempore
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Robert Pryor
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Edith Pryor
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to form:
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