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Home My WebLink About81-270RESOLUTYON NO. _ ~~_~~~_ RESOLiTTION APPROVING AGREEMENT WITH NORTH BURSANK PUBLIC UTILITY DISTRICT LAK~RIDGE VILLAGE ASS~SSMENT DISTRICT The Board of Supervisors of the County of Bcatte r~solves: As a par~ a~' ~he proceedings ~ar impravements i.n .Lakeri.dge Vil~.age Assessment District, County of Butte, Sta~e of California, this Baard appzvves tha~ certain ~agreement be~.ween the Caunty of Bu~te, North Burbank Public Utility D~s~ric~ and Riverview Esta~e~ Partners, dated Sep~embez 9, 198~., and attached to this resol.~t~on. The Chairman of ~he Board of Supezvzsors i.s autharized ~o sign the agreem~nt and the Coun'ty C1erk is au~horized ~o a~test i~s execution. ~ ~ ~ - ~ I HEREBY C~RT~FY tha~ ~he ~oregoi.ng resolution was du~y and regul.arI.y adopt~d by the Board of Supervisors o~ the County ot Butte, State o~ California, at a regular ~ me~ting thereof, held on the lOth day of November, 198~, by the £ollowing vo~e, 'to w~.t: ~ AYES: Supervisors~~ola _n_ Lemke, Saraceni~ Wheeier and Chairman Moseley NDES: Supervisors ~o~~ ~ - ~ ~ ABSENT: Supervisors ~Qn~ ~ _ ^ , , ~.,~~ ~ ~ - CLARK A. NEL~ON, COUnty Clexkr County vf Bu~te, S~.at f CaZi~ornia By Q~~~~~G°~~ ~ a -t ~ _ _ ~ ~ -- _ _. AGRE~T~IENT (Conveyance) RIVERVIEW ESTATES PARTNERS COUNTY QF BUTTE THIS AGREEI~ENT, madc and entered i.nto this 9th day of Septembex, I981, amang ~he NORTH BURBANK PUBLIC UTTLTTY DISTRICT, hereinaf~er re~erred to as "Distric~", COUNTY QF BUTTE, k~erea.na~tex ref~xred to as "County", and RIVERVxEW ESTATES PARTNERS, hereinafter re~exred to as "D~ve~opers". RECITALS: WHEREAS, the Caunty and ~he Deve~opers have begun proceed- ings ~or improvemen~ts to be made in Lakerzdge Vi~lage Assessment D~.st~act, County of Butte, Sta~e o~ Ca.~a.~orna.a, including a sewer system. Said sewe~ system is to be ~nder the ownershap, management and cont~al. o~ the District. There~ore, pursuant ta the provisions af Sc:c~ion 10I09 through ~O~.~I of the Streets and Highways_~o.c~e. Q~ the State of California (The Muna.ca~pal ~mpro~rement Act o~ 1913), the parties h~re~o agree as fO~1pWS: WHEREAS, Developers have pr~pared, or caused ~o be prepared, at Developers' sole cost, expense and responsiln~.~.a.~y, plans and sp~c~.fica~ions entitled LAKERIDGE VILLAGE ASS~SSM~NT DISTRICT ~EWER SYSTE~,4, the p~.ans cans~sting o~ e~.even sheets ~ax canst~uction of a sewerage system cons~sting Qf sewer main extensa.on and al1 appurtenances ~heretn, a copy of which is attached hereto marked Exhibi~ "A" and mad~ a part o~ thzs Agre~m~nt; and WHEREAS, ~he plans and speca.~a.catians contained in Exhibi~ "A" mcet w~th the Departmen~ o~ Public Health an.d D~s~rict Engineer's app~oval; and WHEREAS, ~he ~aci~~tzes and ~ands to be se~ved by said sewerage system ~ie within the boun~ari~s of ~he District, and are more particularly described in Exha.bzt "A"; and WHEREAS, County and Developers desa.re District ta accept saa.d sewerage system znto Distric~'s averall systc:m upon complction; and WHEREAS, District, s~.bject to the ~o~.~.owa.ng terms and conditions, is willing to accep~ said sewerage system upon comple-~ ~ion nrava.ded the sys~em ~.s cons~xuc~ed in accox~dance wi~h -~he approved pJ~ans and speci~ications and in a manner meeting Distxict's approval; NOW, THEREFORE, ~he part~es mutua~ly agree as ~ollows: ARTZCLE ~- REC~TALS: The recitals contained hcr~in are an integral par~ o~ -~he Agreement. ART~CLE 2- APPROVED PLANS: Attached hereto mark~d E~hibit "A" and made a part o~ this Agreement is one set o~ ap~roved plans (reduced ~0 11 inc~ies x 17 inches) and speci~ica- tions for cans~ructa.on o~' a sewe:rage system. ARTZCLE 3- CHARGES AND CONNECTION FE~S: Thos~ parcEls descra.bed a.n Exhibit "A", upon application ~ar sewe~age serva.ce, shall be subject to those cY~ar~es and fe~s as establish~d by S~wcrage Commission -- Oroville Region (S.C.O.R.) and by District. ART~CLE ~- BEGINNING OF WORK: County sha~~ cause constructa.on af the sewerage system as shown on Exhibit "A" to commence wit~in ~ix mon-~hs from ~he dat~ o~ this Agx~eement and sha11 cause completion o~ woxk wa.th~.n one (~) year from the date of tha.s Agreement, This Agreement shaZ~ be vozd and of no farce and effec~t if work is not commenced within such pe~iod. ART~CLE 5- CONSTRIICTION: Except as otherwise specified in Article 3 of this Agreement, County shall caus~ ~he sewerage syst~m descr~bed ~n ~xhibit "A" ~o be canstructed by a properly licensed can~rac~or, without expense to D~strict, and District shall not be responsible for any o~ the cost of said sew~rage system or for the p~rformance or nanperformance of the work a~ construction of sa~d sewe~age system, and the Developers sha~~ ho~d Dist~ict free and harm- less from any expense, c~azm or l~abilzty rESU~~ing from or arising out o~ the construction wo~k, i~c~ud~ng any c~aim that District or its employees, age~~s a~ independent contrac~ars are negligent or have omitted to take reasona~le action, whether ar not such claim. be substantiated. Nei~h~r the Cou~ty nor the Devalop~rs is acting as a contractor, agen~, o~£icia~ or r~presentative o~ D~str~ct ~n constructing or p~oviding such sewerage sys~em or assoc~ated fac~- ~ities or in causing such system and ~ac~lities to be insta~l~d. This Agreemen~ s~mp~y prov~des ~or the transfer and ass~mpt~on of responsibili~y for such sewerage systern and fac~lities upon per- ~armance o~ all texms of this Agr~em~nt. The approva~ af the plans and specificat~ons as presen~ed by the County and th~ Developers shall nat be deemed as warranty ox guaxantee by D~s~rict of proper design or proper speci~~ca~ions o~ mater~a~s or constructian, Distr~ct specifica~~y ~elies upon the design and specifications as pxepa~ed as bei~g in accordance with the conditions a~ the geography and as having speci~ic ma~erials and equipm~n~ of ~he highest practicab~e quality and character. ARTYCLE 6- NOT~F~CAT70N OF DEVIATIONS OR FAILURES: Distx~ct agraes to notify County and Developers in writing as to any deviations ar failure ~n cons~ruction af the sewerage system pu~suant to said plans and specz~icat~ons and requirem~n~s of said D~strict as soon as a~y devsation is brought to D~stx~ct's a~~ention, and Developers sha~I ammedia~e~y cause s~c~ deviatian or failure to be corrected a~ ~he sol~ cost of Developexs. Distxict is nat by inspection of ~he construction or installation of ~he subject facilities rep~esen~~~g Caunty or Develapers or providing a subs~i~ute for inspect~on and control o~ the work by County and Develapers. Any insp~ctions and obsexvat~ons of the work by District a~e ~or ~he so~e purpases of providing notice of ~he stage and charactex o~ the woxk. The failure o~ the D~stx~ct to note variances from the p~ans and speci~ications ~or the pro~ect daes not excuse or exemp~ Caun~y and Deve~opers ~rom complying with al1 ~erms of these plans and s~ec~f~catzons. Al~ cos~s and charges incurred by D~str~ct sha~l be p~~able to District, amaunts payab~e for ~nspection work ha~e been advanced by the Developers. Furtnex payment ~s to be made by D~v~lopers or County under t~is Agreement as incurr~d by Dis~ric~. The amount advanced by the Developer to date is $6,281.00. ART~CLE 7- CONVEYANCE: Upan comp~etion o~ the system in a~anner meeting Dis~ric~'s approval, County shall irnm~diate~y convey said sewerage sys~em and title thereto ~ree and c~ear from all l~ens, ~ncumbrances and expense to Dis~ric~ by such conveyances and documents as deemed necessary by District, together wi~h ~h~ ~o~lowzng: l. A sagned statement o~~er~ng the sewerage sys~em show~ on Exh~bat "A" for dedication to the Distric~. The statem~n~ sha~~ be prepared by Coun~y and shall read as follaws: DEDICATION To: NORTH BURBANK PUBLIC UTILTTY DISTRICT ~rov~~~e, California ~/We hereby of~er to a11 right, ~~~~e and sewerage system and described in Exhib~~ by and bet~veen North and da~~d ' convey, trans~er and dedicate interes~ in and to ~hat certa~n ~ppurtenances moxe particular~y "A" attached ~o the agr~ement Burbank Puialic Uta.~a.ty Distxa.ct , a copy of which is on ~x].e in Distric~ headquartexs located in Qravil~e, Cali- for~ia; to North ~urbank Public Ut~~~~y District assu~ing and warrant~ng to said Distract that ~he system is free and c~ear of alI lie~s, encumbrances and other expense. Dated: _._ ._ ....__ . , ~-9$ . COUNTY By By 2. One set of 2~ ~nch by 36 inch reproducible "As Buil~" draw~.ngs on Mylar, or material of sui.table durability of the f acili~ies constructed. 3. AIl easements and ~~ghts o~ way required by Da.stxa.ct. 4. Develo~ers sha~Z furnish a surety bond meeting District's approval in a~a am.ount of no-~ less than 20% of cons~ruc~aon cost of the sewcr system, protecting the Dis~rict against any ~a~lure o~ ~he work due to faulty materials, poor workmanship, or defective equipmen-~ w~.thi,n a pe~iod o~ one year after acceptance o~ the sewe~age syst~~m by District . Saa.d bond shall na~n~ Developers as pr~.ncipal and District as Obligee. Distri.ct, upan approving the work in writing, sha~.J. accept conveyance of title of said sewerage sys~em and include said system in~o its overa~.l sewerage system a~d shall opexate, mainta~.n and repair said sys~em, ARTICLE S- APPLICATION FOR SEW~R S~~.VICE: Na sewage shall be delivered ~o or conveyed by or throu.gh the sewerage systena shown on Exhibit "A", othex than ~ox testing p~.rposes, until saa.d sewera~e system is conveyed to Dis~rict, ~ormally accep~ed by Distx~ct and proper appx~.ca~~ozas for sewage sexv~ce having been ~i~.ed with Distxict and accepted. ARTICLE 9- OBLTGATIONS FOR P~PEL~NES AND/OR FACILITiES: Dist~ict sha11 be undex no obligat~on to provide add~tional pipe~~nes and/or ~acil~ties in ordex to s~rv~ Developers' project. Upon acceptance of th~ sewerage sys~em by District, it shall become the sole pxo~erty o~ D~stract and shal~ be used and operated at Distric~'s sole discretion. ARTICLE ~0 - RULES AND REGULATIONS: Upon ~he system being acce~ted by Distxict, Developers togeth~r with their h~irs, successors and asszgns, shall be subject to and sha~~ comp~y wi~h all of the rules and reg~lations o~ D~strict and sha~l ~ay the fees, ra~es, tolls, charg~s and standby charges as may be levied and/ar estab~ished by Dis~rict's and S.C.O,R. Boaxd o~ Directors ~xom tim~ ~o time. ART~CLE ~I - ATTORNEY FEES: Should any paxt~ be requ~r~d ~o ~nstitut~ 1~ga1 actaon ta ei~her compel per~ormance o~ this Agxee- men~ or recover damages ~or nonperformance, the prevailing par~y shall be entitled ta r~asonable attorney's ~ees, cost of suit, and a~l other ex~enses o~ litagation ~ncurred in connectian ~h~rewi~h. ART~CLE ~2 - ASS~GNM~NT: No ~rans~er ox assignment may b~ made by Developexs ox County of this Agreemen~ or any part or interest of law, unless such trans~er or assignment is appxoved in wri~ing by ~he Dast~ict. In th~ event of such trans~er or assignment, Dzstrict may at i~s so~e opt~on and in addition to any a~her remedy that it may have, e~ect to te~minate ~his Agreement. ARTICLE 13 - TERMINATTON: This Agreement shall te~minate and be of no ~urther force and effect at District's dzscretion if Distric~ dete~mines that construction of th~ sewerage s~stem shown on Exhibit "A" has not cammenced withi.n szx {6) mon~kzs ~rom the d.~.te of this Agreement . -6- ARTICLE 14 - NQTICES: The mailzng addresses o~ District, County and Deve~opers for puxpos~s o~ giving any nntice requir~d pursuant ta this Agreement are as fo~lows: D~STRICT: N4~TH BURBANK PUBLIC LrTxL~TY DIST~~CT ~960 Elgin S~reet Orovil~e, CA 95965 DEVE~QPERS: RIVERVIEW ESTATES PARTNERS ~85 Cadillac Dr~ve Sacramenta, CA 95525 COUNTY: Caunty of Butte 25 County Center Dri~e Orov~~~e, CA 9596~ TN WYTNESS WHEREOF, ~he parties her~~o ha~e executed thas Agr~ement an the day and year ~irst abave wrztten. By NORTH BU$~NK PUBS~~TJ'T~LITY DISTRICT President . . . . . . . ~ . `~! i Secretary ~'District CO TY OF BUTTE B~y Chairman, Boar o pervisor ATTEST: CLARK A SON, County C~.er~.~ By