HomeMy WebLinkAbout1994-046525Recorded Requested by:
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Doc No: 1994-046�25 Re� No: 00056705
Official Records ;RF 22.00
San Luis Obispo Co. ;
Francis M. Cooney ;
Recorder ;
Aug 05, 1994 ;
T;me: ys:ao �
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Document Title(s)
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Recording Requested by and
When Recorded Return to:
City of 1�rroyo Grande SEWER MAIN CONNECTION AGREEMENT
214 East Branch Street
�.0. Box 550
Arroyo Grande, California 93420
T'HIS AGREEMENT entered into on August 5 , 1994, by and between the CITY OF
ARROYO GRANDE, a municipal corporation ("CITY"), and CASA TIERRA INVESTMENTS,
a Califomia General Partnership ("OWNER").
WHEREAS, OWNER has developed and improved a certain tract of land located in the County
of San Luis Obispo and identified as Tract 1724 ("Tract 1�24") which tcact is located outside the
boundaries of but adjacent to CITI'; and
WHEREAS, Tract 1724 is located within the boundaries of the South San Luis Obispo County
SanitaUOn District ("District"); and
WHEREAS, OWNER is constructing a sanitary sewerage system for Tract 1724; and
WHEREAS, District has no sewer line or other major carrying facilities located near Tract
1724 and to which OWNER could connect to enable OWNER to carry sewage from Tract 1724 to
District's wastewater treatment plant ("WWTP"); and
WHEREAS, CITY is willing to permit OWNER to connect the Tract 1724 sanitary sewer lines
to CI7'Y's sewage carrying facilities for ultimate treatment at District's WW�'P and specifically to
connect to a certain sewer main located at Mesa Drive, upon the terms and conditions specified herein;
NOW, THEREFORE, the parties agree as follows:
i. CITY grants to OWNER permission to hook up and connect its Tract 1724 sanitary
sewer line to the CTTY's 8-inch sewer main located at Mesa Drive, Arroyo Grande, subject to the
terms and conditions contained in the Agreement. The hookup, installadon, and connection, together
with all accessories related thereto, are to be done at the sole cost and expense of OWNER.
2. OWNER agrees to rimely pay to CITY all sewer connecdon, service and hookup fees
and related chazges as set forth in Exhibit "A" attached hereto and incorponted herein or as
subsequently changed or modified by CTTY. OWNER shall also pay to District all sewer, connecUon,
service and hookup fees and related charges as required by District's rules and regulations. OWNER
specifically agrees to pay all sewer connection fees (CITY and District) and furnish proof of same to
CITY prior to the issuance of building permits by the County of San Luis Obispo. OWNER further
agrees that any such chazges of any Idnd more than sixty (60) days delinquent, plus any penalties and
interest thereon, when recorded, shall constitute a lien upon the real property served.
3. OWNER shall obtain all necessary permits prior to wmmencing any work wntemplated
herein. All the work performed by or on behalf of OWNER is to be done upon approval of the plans
and specifications by CITY. OWNER further agrees to reimburse CITY for any and all expenses
incurred in the review of plans and specifications, the processing of this Agreement, and any
inspection required by CITY as a result of this Agreement.
4. OWNER shall repair and maintain in good working condition all sewer lines located
within or appurtenant to the sanitary sewer system for Tract 1724. OWNER shall be solely
responsible for the cost and expense of such maintenance and repair.
5. OWNER agrees and covenants to hold CTTY harmless from and to indemnify CITY
from any liability of any type arising out of or in connection with the sewer installation and hook up.
Additionally, OWNER agrees to restore to the original conditions as of the time of any disturbance
any street, roadway or ground which it may disturb in laying, maintaining, or operating its connecting
sewer line and that it will hold harmless and indemnify CITY from any and all claims arising directly
or indirecUy out of this Agreement or in any way related thereto.
6. OWNER agrees to abide by and conform to all applicable laws of the United States,
of the State of California, and of CITI', including any and all rules and regula6ons regarding sanitary
sewers and sewerage facilides (including, but not limited to, the provisions of TiUe 6, Chapter 6 of
the CITY's Municipal Code), and present and future rules, regulations and instructions of the CITY's
Public Works Department. OWNER further agrees that CITY's duly authorized Engineers and
Inspectors shall be allowed to make inspections and require tests for tightness of the piping of the
sewer system connections, and OWNER further agrees to make such changes as, in the judgment of
CITY are necessary. OWNER's failure, neglect, or refusal to make prompfly and pmperly such
changes as are determined in writing by CITY, shall constitute a breach of this Agreement and shall
endtle CITI' to disconnect OWNER from its facilities.
7. At CTTY's opUOn, this Agreement shall be terminated and CITY may disconnect Tract
1724 from its sewer system upon OWNER's breach of or failure to perform any of the terms of this
Agreement.
8. OWNER will include in individuai property deeds for the lots within Tract 1724 a
statement informing owners that they will be subject to this Agreement the rules and regulations of
CITY governing wastewater connection and service and to such fees, charges and assessments as may
be imposed pursuant to this Agreement or any amendment hereof.
-2-
STATE OF CALIFORN.CA )
) ss
OOONPY OF SAN LULS OBISPO)
On August 4, 1994, before me, a Notary Public in and for said State, personally appear�3
F. BYRON (�2ANr, personally knaan to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknaaledged to me that he/she/they executed the same in his/her/ their authorized
capacity(ies), and that by his/her/their signature(s) on the instriunent the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrimient.
WITNESS my hand and official seal.
// \ 1 2 OFFICUILSEAL
6Yaup�CbLaF�LiLila6Y !a' Ci'tlii�1>ia � ta Y,� L,La.�r Z JEANNE S. VENEMA
S, • V�� i��. MMp7qRV PUBLIC - CRLIFORNIA
PRINCIPALOFFIGE �N
bX7PARY PLBLIC � SANWISOBISPOGOUNT'
My Commiwion Eip. Sep. S. 19Y5
9. OWNER is aware and understands that this Agreement shall not be construed as
CITY's direct or indirect intent or agreement to annex Tract 1724 into CITY at some future date.
OWNER is aware of the provisions of Article 8, Chapter 6, Title 6 of the Arroyo Grande Municipal
Code in this regazd.
10. This Agreement shall be binding upon and inure to the benefit of the successors in
interest or assigns of the parties hereto.
11. This Agreement may not be altered, amended or modified except by an instrument in
writing executed by the parkies hereto or their successors in interest or assigns.
12.
13.
Time is of the essence of this Agreement.
In the event any lidgarion or other proceeding is brought for the interpretation or
enforcement of this Agreement, the successful or prevailing party shall be entifled to recover
reasonable attorney's fees, court costs and expenses actually incuned in connection therewith, in
addition to any other relief to which he, it or they may be entifled.
IN WITNFSS WHEREOF, the parties hereto have executed this Agreement as of the date and
year first written above.
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[SIGNATURE MUST BE NOTARIZED]
UWNER:
CASA 'I'IERRA INVFSTMENTS
A Califomia General Partnership
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CITY:
CITY OF ARROYO GRANDE
E7�IIBIT "A"
CASA 'I`IERRA SEWER CONNECTION FEES
MONTHLY FEES
City of Anoyo Grande *$8.00 per month per
residence, or as
City Council
6Y.Yl�Z�1.�i
single family
modified by the
$6.50 per month per single family
residence, or modified by the
SSLOCSD
OTHER (including sewer permit and connecrion fees�
SSLOCSD
City of Arroyo Grande
$2,000.00 per unit, or by current fees at time
of building permit issuance
Per Title 6, Chapter 6 of the Municipal Code, as
applicable (includes 6-6.405 and 6-6.407)
OTHER FEES AS REQUIRED BY LOCAL ORDINANCE
*City Utility User Tax would be in addition to monthly fee.
END OF DOCUMENT