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HomeMy WebLinkAboutResolution No. 77830 0 RESOLUTION NO. 7783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR SANITARY SEWER BETWEEN CITY OF AZUSA AND MANRESA JESUIT RETREAT HOUSE" THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby approve that certain agreement. entitled "Agreement for Sanitary Sewer Between City of Azusa and Manresa Jesuit Retreat House." The Mayor is hereby authorized to.execute said agree- ment on behalf of the City in substantially the form as that agreement exists in Exhibit "A" attached hereto. SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 16th day of September , 1985. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 16th day of September , 1985, by the following vote of the Council: AYES: COUNCILMEMBERS: COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS CRUZ J-4.su_ DEPUTY CITY CLER AGREEMENT FOR SANITARY SEWER BETWEEN CITY OF AZUSA AND MANRESA JESUIT RETREAT HOUSE This Agreement is made on September 16, 1985, by and between Manresa Jesuit Retreat House (hereinafter "Retreat") and the City of Azusa, a municipal corporation, (hereinafter "City"). RECITALS This Agreement is made with respect to -the following facts which are hereby acknowledged by the parties: A. Retreat owns land within the City of Azusa as shown on Exhibit "A." B. Retreat has applied to and received from the City of Azusa a conditional use permit and building permit to construct additional Retreat facilities. As a condition of approval of each such permit, the City required the Retreat to construct a sanitary sewer between its facility and the City's main sewer line on Foothill Boulevard. C. Said sewer line must pass over the property of Monrovia Nursery in order to connect to the City line on Foothill Boulevard. D. Section 1110(a) of the County of Los Angeles Plumbing Code (adopted by reference by the City of Azusa pursuant to Azusa Municipal Code Section 15.04.010) 0 prohibits a building sewer on any lot other than the lot which is the site of the building served by the sewer. E. In order for the Retreat to comply with the requirements of Section 1110, it is necessary for Retreat to construct the sanitary sewer line on the City's easements for such purposes and to dedicate it to the City as a public sewer. F. Monrovia Nursery Company has granted to the City of Azusa an easement for sanitary sewer purposes over its property (said easement, dated July 12, 1985 and recorded as Document No. in the records of Los Angeles County, is attached hereto as Exhibit "B"), and Retreat has also granted to the City an easement for sanitary sewer purposes over its property (said easement, dated August 6, 1985 and recorded as Document No. in the Records of Los Angeles County, is attached hereto as Exhibit "C"). Said easements are sufficient to construct the sanitary sewer line from the Retreat facilities to Foothill Boulevard. G. It is possible that during the term of this Agreement other property in the area surrounding the line may develop and the owners thereof may desire to utilize this sanitary sewer line. Accordingly, provisions have been made in this Agreement to allow such use only after the formation of a reimbursement district or agreement to require those who might utilize the sewer line to reimburse -2- • C� the Retreat for their fare share of the construction costs and their fair share of maintenance costs. NOW, THEREFORE, in consideration of the foregoing facts, the City's granting of the conditional use permit and building permit, and the parties mutual covenants and agreements as hereinafter stated, the parties hereto agree as follows: 1. Retreat shall construct at its sole expense a sanitary sewer line and necessary appurtenant facilities, conforming to the City of Azusa's specifications for public sanitary sewers, on the easements granted to the City of Azusa by Monrovia Nursery and Retreat as described herein. 2. The Retreat hereby dedicates said sanitary sewer to the City of Azusa upon final approval of the work by the City. 3. After final acceptance of the sanitary sewer line, City shall maintain said line and necessary appurtenant facilities at its expense, provided, however, that Retreat shall pay the maintenance fee described in Exhibit "D", which is attached hereto and incorporated herein by reference as though set forth in full. The City Council of the City of Azusa may change said fee by resolution only at such times as the sewer maintenance fees applicable to other areas of the City are changed by the Council. -3- 4. Retreat shall defend, indemnify, and hold City, its officers and employees harmless, from any and all claims, whether meritorious or not, arising out of the construction of the sewer line or its appurtenant facilities, except for liability caused by the action or inaction of the City. City shall defend, indemnify and hold Retreat, its officers and employees, harmless from any and all claims, whether meritorious or not, arising out of the City's use of the sewer line after final approval of the construction, except for liability caused by the action or inaction of the Retreat. 5. City shall be entitled to permit other parties to utilize the sanitary sewer line provided that a benefit reimbursement district or similar agreement is established obligating the users to reimburse Retreat for the users' fair share of the cost of construction, less applicable depreciation, and the users' fair share of maintenance costs for the line. City does not guarantee that Retreat will be repaid in whole or in part for construction of the line. The City's obligation to provide for reimbursement for the construction of the line by future users, as set forth herein, shall terminate twenty (20) years from the date of this Agreement, after which time all obligations of the City to the Retreat for reimbursement of construction costs, as set forth herein, shall terminate. -4- 6. In the event that litigation is reasonably necessary to enforce the terms of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees. CITY OF AZUSA By Eugene F. Moses, Mayor ATTEST: Adolph Solis, City Clerk APPROVED AS TO FORM: il",� /4. X6--t�� Peter M. Thorson, City Attorney MANRESA JESUIT RETREAT HOUSE L-0 erence L. Mahan, S.J. Superior/Director ATTEST: Raymond T. Brannon, S.J. Assistant Superior -5-