0751RESOLUTION NO. 751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING THE JOHNS CANYON
ROAD/CHESTNUT LANE SANITARY SEWER
REIMBURSEMENT DISTRICT AGREEMENT
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. On November 22, 1993, the City Council adopted Resolution No.
716, establishing a Sanitary Sewer Reimbursement District No. 93-1 and approving a
Reimbursement Agreement in connection therewith.
Section 2: Section 4 of the aforementioned Agreement provides that the
actual total costs of improvements will be set forth as an amendment to this Agreement.
Section 3: This privately funded sewer system received its final permit and
inspection on Thursday, September 1, 1994. The actual total costs of the sewer submitted by
the parties to this Agreement are $125,946.70 and Section 4 shall be amended accordingly.
Section 4. The first amendment of the Sewer Connection Reimbursement
Agreement establishing the actual total costs of the improvements as set forth in Section 4
of the aforementioned Agreement is attached hereto as Exhibit "A".
Section 5. The first amendment to the Reimbursement Agreement is
hereby approved and the Mayor and City Clerk are hereby authorized to execute the Fir t
Amendment to the Reimbursement Agreement for and/half oeo
City. /lame�
PASSED, APPROVED AND ADOPTEH O , 1994.
T OMA F. EIN MER
MAYOR
ATTEST:
47/2 /U✓
CRAXG R. NEALIS
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 751 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING THE JOHNS CANYON
ROAD/CHESTNUT LANE SANITARY SEWER
REIMBURSEMENT DISTRICT AGREEMENT
was approved and adopted at a regular meeting of the City Council on October 10, 1994, by
the following roll call vote:
AYES: Councilmembers Hill, Lay, Murdock, Mayor Pro Tem Pernell
and Mayor Heinsheimer.
NOES: None.
ABSENT: Mone.
ABSTAIN: Mone.
MARILYN L. KE N
DEPUTY CITY CLERK
Resolution No. 716 -1-
EXHIBIT "A"
FIRST AMENDMENT
SEWER CONNECTION REIMBURSEMENT AGREEMENT
This first amendment to the Sanitary Reimbursement Agreement is
made and entered into this 10th day of October, 1994 by and between the City of
Rolling Hills, State of California, a municipal corporation (hereinafter "City") and
the property owners listed below:
Stone; David & Kimberly
#9 Johns Canyon Road Lot I of Tract 30605 per M.B. 825/81-82
Carey, Joseph & Susan
#10 Johns Canyon Road Lot 1 of Tract 24669 per M.B. 787/33-34
Peters, William & Susan
#11 Johns Canyon Road Lot 2 of Tract 30605 per M.B. 825/81-82
Hennessey, Paul & Jennifer
#12 Johns Canyon Road Lot 2 of Tract 24669 per M.B. 825/81-82
Seck, Wanda
#2 Chestnut Lane Lot 2 of Tract 24669 per M.B. 787/33/34
RECITALS
A. The City and the above referenced property owners entered into a Sanitary
Sewer Reimbursement Agreement on November 22, 1993 pursuant to the authority
contained in Chapter 13.16, of the Rolling Hills Municipal Code in connection with
the formation of a Sanitary Sewer Reimbursement District No. 93-1.
B. This privately funded sewer system received its final permit and inspection
on Thursday, September 1, 1994.
C. Section 4 of the aforementioned Agreement provides that the actual total
costs of improvements will be set forth as an amendment to this Agreement. Final
construction costs submitted by the parties to this Agreement indicated that the total
actual cost of the sewer is $125,946-70.
NOW, THEREFORE, in consideration of the foregoing, the parties
agree to amend the Agreement as follows:
1. Section 4 of the Agreement is amended to read:
-I-
Section 4. Cost of improvements
The actual total costs of the improvements were $125,946.70.
In all other respects, the Agreement is hereby reaffirmed and in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as
of the day and year first above -written.
ATTEST:
City Clerk
CITY OF ROLLING FULLS
By: I
MAYOR
OWNERS:
I
David & Kimberly Stone
Joseph & Susan Carey
William & Susan Peters I
Paul & Jennifer Hennessey
Wanda Lester Seck
SEWER CONNECTION REIMBURSEMENT AGREEMENT
This Sewer Connection Reimbursement Agreement is made
and entered into this 22nd day of November , 1993, by and
between the City of Rolling Hills, a municipal corporation
(hereinafter "City") and David and Kimberly Stone; Joseph and
Susan Carey, William and Susan Peters, Paul and Jennifer
Hennessey and Wanda Lester, property owners in the City of
Rolling Hills (hereinafter collectively referred to as "Owners")
RFCg.JTAL. S
A. Owners, the owners of real property located along Johns
Canyon Road and Chestnut Lane in the City of Rolling Hills,
desire to construct a private sanitary sewer system in order to
service their homes, in lieu of presently existing on-site
wastewater management systems. It is contemplated that said
system will be constructed within an easement of the Rolling
Hills Community Association of Palos Verdes (hereinafter "the
Association"), and will be maintained by the Los Angeles County
Consolidated Sewer Maintenance District (hereinafter "Maintenance
District"), upon its annexation into that District.
B. Owners intend to construct the sewer system at their sole
cost and expense. However, as it is anticipated that at some
future time, other presently non -participating property owners
may desire to connect into the system as an alternative to onsite
wastewater management. Owners desire to establish a mechanism to
charge such property owners their proportionate share of the
initial construction cost and obtain pro rata reimbursement from
said charge.
C. City encourages private development of sanitary sewers as
contemplated hereinabove, and in furtherance thereof, has adopted
Ordinance No. 234 (codified as Chapter 13.16. of Title 13 of the
Rolling Hills Municipal Code, and hereinafter "Chapter 13.1611).
Under Chapter 13.16, City may establish a sanitary sewer
reimbursement district and enter into a reimbursement agreement
with property owners to provide a method of reimbursement for the
-initial capital construction cost of constructing private sewer
systems.
D. This Agreement is entered into pursuant to the authority
contained in Chapter 13.16, in connection with the formation of
Sanitary Sewer Reimbursement District No. 93-1 (hereinafter
"District").
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NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the parties agree as follows:
Section__ 1. OwnershlM_ ,nterests.
Owners are, respectively, the property owners of the
following parcels of real property located in the City of Rolling
Hills:
Stone, David & Kimberly
#9 Johns Canyon Road Lot 1 of Tract 30605 per M.B. 825/81-82
Carey, Joseph & Susan
#10 Johns Canyon Road Lot 1 of Tract 24669 per M.B. 787/33-34
Peters, William & Susan
#11 Johns Canyon Road Lot 2 of Tract 30605 per M.B. 825/81-82
Hennessey, Paul & Jennifer -
#12 Johns Canyon Road Lot 7 of Tract 30605 per M.B. 825/81-82
Lester, Wanda
#2 Chestnut Lane Lot 2 of Tract 24669 per M.H. 787/33/34
Section 2. Reimbursement district territorv.
The territory included within the District established
by action of the City Council of City includes the following
parcels of real property, as shown'on the diagram attached to
this Agreement as Exhibit A and incorporated herein by this
reference thereto:
n
#9 Johns Canyon Road
#10 Johns Canyon Road
#11 Johns Canyon Road
#12 Johns Canyon Road
#2 Chestnut Lane
#4 Chestnut Lane
#6 Chestnut Lane
Lot 1 of Tract 30605 per M.B. 825/81-82
Lot 1 of Tract 24669 per M.B. 787/33-34
Lot 2 of Tract 30605 per M.B. 825/81-82
Lot 7 of Tract 30605 per M.B. 825/81-82
Lot 2 of Tract 24669 per M.B. 787/33-34
Lot 3 of Tract 24669 per M.B. 787/33-34
Lot 4 of Tract 24669 per M.B. 787/33-34
The above-described properties are those determined by the City
Engineer to consist of all territory which could be connected to
the proposed sewer system.
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Section 3. ImDrovements.
The improvements to be constructed by Owners (referred
to variously as "improvements" and "the sewer system") shall
consist of the following: Sanitary sewers and appurtenant
structures as more particularly described in Private Contract No.
90-1, attached hereto as Exhibit B and incorporated herein by
this reference thereto.
Section 4. cost of imorovements.
The estimated cost of the improvements is $112,000, as
is more particularly set forth in Exhibit B. The actual total
cost of the improvements twill be set forth as an amendment to
this Agreement.
Section 5. Cost of Connections.
The actual cost of connections to the improvements for
each of the participating properties described in Section 1 above
shall equal the Actual Total Cost of Improvements multiplied by
1/7. The sewer connection fee to be charged to presently non-
participating property owners after completion of the
improvements shall be based on the following formula: (Actual
Total Cost of Improvements multiplied by 1/7] R_1us (Reimbursement
District Preparation Fee multiplied by 1/7).
Section 6. Disposition of connection charge.
City shall deposit the sewer connection charge
established for connecting to the improvements into a sewer
connection trust fund. At the end of the fiscal year during
which the funds were so deposited, City shall distribute the
funds in equal amounts to Owners.
Section 7. Reimbursement District preparation fee.
City encourages private development of sanitary sewers
and intends for this District to constitute a model for the
establishment of future districts. The administrative costs
associated with establishment of the District are a one-time
expense and the documents prepared by City staff will be usable
in connection with future districts, which will be of benefit to
the health and safety of the community. Accordingly, City waives
payment of $2,000.00 of its out of pocket costs, including staff
and City Attorney time, associated with formation of the
District.
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Section 8. Additional responsibilities of parties.
Owners shall be responsible for acquiring necessary
easements from the Association for construction of the
improvements, constructing the improvements at their sole cost
and expense and thereafter maintaining them in satisfactory
working condition until annexed into the Maintenance District.
City agrees to use its best efforts to effectuate annexation of
the District into the Maintenance District, and will execute
documents necessary for that purpose.
Section 9. Indemnification.
Owners shall indemnify, defend and hold harmless City,
and its officers and employees, from and against any and all
liability, causes of action, claims, damages, losses, judgments
and expenses, including but not limited to attorney fees and
costs of defense, arising from Owners' negligent or wrongful
actions and omissions in the construction and operation of the
improvements until annexed into the Maintenance District.
Section 10. Permits.
Owners shall obtain all necessary permits and approvals
required for construction of the improvements.
Section 11. Notices.
Any notices to be given hereunder by either party to
the other may be effected in writing either by personal delivery
or by mail, registered or certified, postage prepaid with return
receipt requested, addressed to the parties as follows:
City: City of Rolling Hills
Attn. City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
Owners: As set forth in Section 1 hereinabove
Section 12. Termination.
City may terminate this Agreement in its sole
discretion if the improvements are not completed by December 31,
1994, unless this deadline is extended by mutual agreement of the
parties; otherwise, this Agreement shall remain in full force and
effect.
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Section U. Entire agreement.
This Agreement is the entire agreement of the parties
with respect to the subject matter hereof, and supersedes any and
all agreements, either oral or written,*between the parties
pertaining to the same subject matter. This Agreement contains
all of the covenants and agreements between the parties with
respect to the subject matter hereof. All of the parties hereto
acknowledge that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement, statement or promise not
contained in this agreement shall be valid or binding.
Section 14. Modifications.
Any modification of this Agreement will be effective
only if it is in writing and signed by the parties.
Section 15. Authority.
All of the parties hereto represent and warrant that
they have authority to sign this Agreement on their own behalf
and that this is a legally binding obligation. The parties
acknowledge that they have read this Agreement in its entirety
and fully understand the terms, nature and effect of this
Agreement, which they execute voluntarily.
Executed as of the day and year first above -written.
[Signatures continue.)
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CITY OF ROLLING HILLS
By a4t�
U 61
MAYOR'
ATTEST:
qx. "
'City Clerk
OWNERS:
David & Kimberly Stone
Josep%& 7.an Carey
YUA-1'1 (�
William & Susan Peters
11 ./ 0,'//�wi1
Paul & Jennifer Hennessey
t
r
J
Wanda Lester -���
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