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HomeMy WebLinkAbout81-185RESOLUTION NO. 8Z-~85 RESOLUTION APPRQVTNG AGREEMENT W~TH NORTH BURBANK PUBLTC UTILITY DISTRZCT EAST R~DGE ASSESSMENT DSSTRICT '~he Board o~ Supervisors ot the County o~ Butte reso~ves: As a paxt of the praceedings for ~mprovements in East Ridg~ Assessment Da.str~ct, County af Butte, State of Cali~'o~-nia, this Board approves that certain agreement between the County of Butte, North Burbank Public Uti~.i~y Dist~zct and Michael C. and Roseanna L. G~aze, dated July 8, 1981., and attached to this resolt~tion. The Chairn~an of the Board of Sup~rvisors is authorized ~o si.gn the agreement and the County Clerk is authora.zed to a~test its execution. ~ ~ ~ I HEREBY CERTIFY that the foregoing resalution was duly and regularly adopted by the Board of Superviso~s of the County of Butte, State of California, at a regular me~ting therea~, he1.d on the 11th day af August, 1.98~., by the ~o~.lowing~ vote, to wit: AYES : SuperViSO~'s Do1an, Saraceni , Wheele~ and Chai.rman Mose~ey NOES : Superviso~s No~e ABSENT: CLARK A. NELSON, County Clerk, Co~.~ty of Bu~te, 5tate of Califo~nza By OW~k~~l]VW~ Supervisors ~~~~ ~~~ AGI2EENIENT (Conveyance) EAST RIDGE ASSESSMENT DISTRTCT COUNTY OF BUTTE THIS AGREEMENT, made and entered into this~day of , 1981, among the NORTH BURBANK PUBLIC TILI Y DISTRICT,. hereinafter referred to as "District", COUNTY OF BUTTE, hereinafter referred to as "County", and MICHAEL C. and ROSEANNA L. GLAZE, hereinafter referred to as "Developers". RECITALS: WHEREAS, the County and the Aeve~opers have begun proceed-- ings for improvements to be made in East Ridge Assessment'pistric~., County of Butte, State of Cal.ifornia, including a sewer system. Said sewer system is to be under the ownership, management and controi of the District. There~o~e, pursuant to the provisions of Section 10109 through 10111 of the Streets and Highways Code of the State of Cali- fornia (The Municipal Improvement Act of 1913}, the pazties hereto agree as follows: WHEREAB, Developers have prepared, or caused to be prepared, at Developers' sole cost, expense and responsibili~y, plans and speci-- fications entitled EAST RIDGE ASSESST~tENT DISTRIGT SEWER SYSTEF~i, the p3.ans consis-~ing of one sheet for constructaon of a sewerage system consisting of sewer main extension and all agpurtenances thereto, a copy of which is attached hereto markec3 Exhibit "A" and made a part of this Agreement; and WHER~AS, the glans and specifications contained in Exhibit "A" meet with the Department of Public Health and Distric~ Engineer's approval; and -1- WHEREAS, the facilities and lands to be served by said sewerage system lie wkthzn the boundaries of the District, and are more particularly described in Exhibit "A"; and WI3EREAS, County and Developers desire District to accept said sewerage system in~o District's overall system upan completion; and WHEREAS, District, subject to the following terms and conditions, is willing to accept said sewerage sys~em upon comple- tion provided the sys~em is constructed in accordance with the approved ~lans and specifications and in a manner meeting District`s approval; NOW, THEREFORE, the par~ies mutually agree as fol~ows: ARTICLE 1- RECITALS: The recitals contained herein are an integral part o~ the Agreement. ARTICLE 2~ APPROVED PLANS: Attached hereto marked Exhibit "A" and made a part of this Agreement is one set of approved p~ans (reduced ~0 1~ inches x 17 inches) and speo~fica- ~ions foz cons~ruc~ion of a sewerage system. ARTICLE 3- CHARGES AND CONNECTION FEES: Those parcels described in Exhibit "A", upon application for sewerage service, shall be subject to those charges and fees as established by Sewerage Commission•- ~roville Region (S.C.O.R.} and by Aistrict. ART~CLE ~- BEG~NNTNG O~ WORTC: County shall cause construction o~ the sewerage system as shown on Exhibit "A" to commence within one (1) year from the date of this Agreement and shall cause completion of work within six months from the date of this Agreement. This Agreement shall be void and of no force and effect if work is nofi commenced wi~hin such period. -2- ARTICLE 5 - CONSTRUCTION: Except as otherwise specified in Article 3 of this Agreement, County shall cause the sewerage system described in ~xhibit "A" to be constructed by a properly licensed con~ractor, without expense to Distrzct, and District shall not be responsible for any of the cos~ of said sewerage system or for the perfozmance or nonperformance of the work of construction of said sewerage system, and the Developers shall ho~d Bistrict ~ree and harm- less from any expense, claim or izabili~y resu~ting from or arising out of the const~uction work, incZuding any claim that District or its empZoyees, agents or independent contractors are negligent or have omitted to take reasonable action, whether or not suoh claim be substantiated. Neither the County nor ~he Developers is acting as a contrac~or, agent, official or representative of Distric~ in constructing or providing such sewerage system or associated faci- lities or in cansing such system and ~acilities to be instal~ed. This Agreement simply provides for the transfer and assumption of responsibiii~y for such sewerage system and facilities upon per- formance of all terms of this Agxeement. The approval of the plans and spec~ficat~ons as presented by the County and the Developers shall not be deemed as warranty or guarantee by Dis~ric~ of proper design or proper specifications of materials or construction. District speci£icaLly relies upon the design and specifications as prepared as being in accozdance with the conditions of the geography and as having specific materials and equipment of the highest practicable quality and character. ARTICLE 6 T NOT~F~CATION OF D~V2ATrONS OR FAILURES: District agrees to notif~ County and Developers in writing as to any deviations or ~ailuze in construction.of the sewerage system pursuant to said plans and specifications and requirements of said Dzstzict as soon as any deviation is brought to District's attention, and -3- Developers sha11 immediately cause such deviation or failure to be corrected at the sole cost of Developers. District is not by inspection of the construction or installat~on of the subject facilaties representing County or Deve~opers or providing a substitute for inspection and control of the work by County and Deve~opers. Any inspections and observa~ions of the work by District are for the sole purposes of providzng notice of the stage and character of the work. The fai~ure of the District to note variances £rom the plans and specifications for the project does not excuse or exempt County and Dev~lopers from complying with all terins of these plans and specifications. All costs and charges incurred by District shall be payable to District, amounts payable for inspection work have been advanced by the Developers. Further payment is to be made by Developers or County under this Agreement as incurred by District. The amount advanced by the Developer to date is $1,618.76. A12TICLE 7 - CONVEYANCE: Upon completion of the systam in a manner mee~ing District's approval, County shall immediately convey said sewerage system and ta.tle thereto free and clear from all liens, enaumbrances and expense to District by such conveyances and documents as deemed necessary by Bistrict, together wi~h the fol].owing: 1.. A signed s~atement offe~rS.ng the sewerage system shawn on ~xhxba.t "A" for dedication to the District. The statement shall be prepared by County and sha11 read as tollows: DEDICATION To: NORTH BURBANIi PIIBi,IC UTIFsITY DISTi22CT Oroville, California I/We hereby offer to convey, transfer and dedicate all right, title and interest in and to that certain sewerage system and appurtenances more particu7.ar7.y described in ~xhibit "A" attached to the agreement by and between North Burbank Publ.ic LFtility District and dated , a copy of which is on fi1.e - -4- in District headquarters locate8 in Oroville, Cali- ~ornia; to North Burbank Public Utzlity Distric~ assuring and warranting to said District that the system is free and clear of all liens, encumbrances and other expens~. Dated: , 198 COUNTY By By 2. One set of 24 inch by 36 inch reproducible "As Buil~" drawings on Mylar, or material of sui~able durability of the facilities constructed. 3: Al1 easements and rights o~ way required by Dis- trict. ' 4. Developers sha11 furnish a surety bond meeting District's approval in an amount of not less than 20% of construc- tion cost of the sewer system, protecting the District against any failure of the work due to faulty materials, pnor workmanship, or defective equipment within.a period of one year after acceptance of the sewerage system by District. Said bond sha11 name Bevelopers as principal and District as Obligee. District, upon approving the work in writing, shall accept conveyance of title of said sewerage system and include said system into its overall sewerage system and shall operate, maxnta~n and repaix said system. ARTICLE 8- APPLICATION FdR SEWER SERVICE: No sewage sha~~ be delivered to or conveyed by or through the sewerage system shown on Exhib~t "A", othez than for testing purposes, until said sewerage system is conveyed to District, formal~y accep~ed by District and proper applications for sewage service having been filed wi~h District and accepted. W5- ARTIC~E 9~ OBL~GATIONS FOR PIPELINES AND/OR ~ACILTTIES: District sha1l be under no oblzgation to provide additional pipelines and/or faci~ities in order to serve Developers' project. Upon acceptance of the sewerage system by Dzstrict, it shall become the sole property of District and sha11 b~ used and operated at District's sole dzscretion. ARTICLE 10 - RU~ES AND REGULATIONS: Upon the system being accepted by District, Developers toge~her with their heirs, successors and assigns, shall be subject to and sha~i comply with a11 of the rules and regulations of District and shall pay the fees, ra~es, tolls, charges and standby charges as may be levied and/or establxshed by District's and S.C.O.R. Board of Directo~s ~rom time to time. ARTICLE 11 - ATTORN~Y ~EES: Should any party be required to institute ~egal action to either compel performance of this Agree- ment or recover damages for nonperformance, the prevailing party shall be entitled to reasonable attorney's fees, cost of suit, and all other expenses of litigation incurred in connection therewith. ARTIC~E 12 - ASSIGNMENT: No transfer or assignment may be made by Developers or County of this Agzeement or any part or interest of law, un~ess such trans~er or assignment is approved in writing by the District. In the event of such transfer or assignment, District may at its sole option and in addition to any other remedy that it may have, elect to terminate this Agreemant. ARTICLE 13 - TERMINA~ION: Th~s Agreement shall terminate and be of no further force and effect at District's discretion if District determines that construction of the sewerage system shown on Exhibit "A" has no~ commenced within six (6) months from the date of this Agreement. -6- ARTICLE 14 - NOTTCES: The mailing addresses o£ District, County and Developers for purposes o~ giving any notice required pur- suan~ to this Agreement are as follows: DISTRICT: NORTA BURBANK PUBLIC UTILITY DISTRICT 1950 Elgin Street Oroville, Ca. 95965 DEVELOPERS: MICHAEL C. .AND ROSEAI3NA L. GLAZE Heritage Construction 3275 Heritage Road Oroville, Ca. 95965 COUNTY: County of Butte 25 County Center Drive Orovi~le, Ca. 95965 IN WITNESS WHER~OF, the parties hereto have executed this Agreement on the day and year first above written. NORTH BU K PUBLI LITY DIS'I'RICT By President/.~ B i~i0~.~~ ~i'4 Secretary "District" COUNTY OF BIITTE $Y a~/ Chairman, Board of ugervis ATTEST: AUG ~ 1 19g1 CLARK A. NE 0, ounty Clerk By "County" MICHAEL C. G R EANNA L. GL11Z „Deve].apers" -7-