Loading...
HomeMy WebLinkAboutReso 31-1999RESOLUTION NO. 31 - 99 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A SEWER AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, CITY OF BRISBANE, AND SIERRA POINT LLC. WHEREAS, the City desires to enter into an agreement with the City of Brisbane and Sierra Point LLC., to provide sanitary sewer services. WHEREAS, the cost for the review and approval of this agreement is paid for by developer fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves a Sewer Agreement between the City of South San Francisco, City of Brisbane, and Sierra Point LLC. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular meeting held on the lOth day of l¥lareh , 1999 by the following vote: AYES: Councilmembers Joseph A Fernekes, Eugene R. Hullin, and Karyl Hatsumoto,and Hayor James L. Datzman. NOES: ABSTAIN: ABSENT: None Councilmember John R. Penna Nnne C:\My Documents\RESO\sweragr.res.doc ATTEST: City Clerlk Recording requested by: THE CITY OF SOUTH SAN FRANCISCO After recordation, return to: THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 South San Francisco, CA 94083 Space above for Recorders use only AGREEMENT TO PROVIDE SANITARY SEWER SERVICE THIS AGREEMENT TO PROVIDE SANITARY SEWER SERVICE ("Agreement"), dated , by and between THE CITY OF BRISBANE, a municipal corporation ("Brisbane"), THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("SSF"), and SIERRA POINT, L.L.C., a Delaware limited liability company ("Developer"), is made with reference to the following facts: RECITALS A. Developer has applied to SSF for Planned Unit Development and tentative map approvals to construct three office, research and development, and/or biotech buildings and a hotel ("the Project"), within the South San Francisco portion of the area commonly known as Sierra Point ("the SSF Parcel"), as more particularly described in Exhibit "A" attached hereto and incorporated herein. Upon approval of the tentative map for the SSF Parcel, Developer will process a final subdivision map to subdivide the SSF Parcel into four separate lots as shown on Exhibit "B" attached hereto and incorporated herein. (Herein the four (4) parcels to be created upon recordation of the final map are referred to individually as the "Parcel" and collectively as the "Parcels".) B. Due to the location of the SSF Parcel, it is not feasible for SSF to provide sanitary sewer service for the Project. The development approvals granted by SSF are therefore conditioned upon such service being provided by Brisbane. C. Brisbane is able and willing to provide all sanitary sewer service required for the Project, and Developer desires to obtain such service from Brisbane, in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Sanitary Sewer Connections. Brisbane agrees to provide a sanitary sewer connection to each of the Parcels with a capacity to receive all sanitary sewer discharges Rev. 2/8/99 - 1- from the Project permitted to be developed on the SSF Parcel, as authorized by Planned Unit Development Permit No. PUD-98-044 approved by the SFF City Council on December 8, 1998. It is understood and agreed that the peak discharge rates and the daily flow rate of the sanitary sewer discharge for each Parcel will not exceed the maximum quantities set forth on Exhibit "C" attached hereto and made a part hereof. In the event Developer or any successive owner of a Parcel desires to exceed the maximum peak discharge rate and/or the daily flow rate for that parcel as shown on Exhibit "C", application for such increase in capacity shall be submitted to the Brisbane City Engineer. As a condition for the granting of the application, the City Engineer may require the construction and satisfactory completion of such additional sanitary sewer facilities as the Brisbane City Engineer determines are necessary in order to assure that Brisbane has sufficient capacity to receive the higher discharge rates. 2. Review of Plans and Specifications. All plans and specifications for the sanitary sewer system to be installed on the SSF Parcel shall be submitted to the Brisbane City Engineer for approval, which approval shall not be unreasonably withheld or delayed. At the time of plan submittal, the owner of the SSF Parcel shall pay to Brisbane the same plan check, processing, and connection fees that would be charged if the Project was located in Brisbane. 3. Ownership of Facilities. It is understood that all sanitary sewer facilities to be located on the SSF Parcel will be owned and maintained by the private owners of the Parcels on which the facilities are installed and no portion of such facilities will be owned or maintained by either SSF or Brisbane. 4. Compliance with Laws. Developer and each subsequent owner of the improvements constructed within the Project shall comply with all applicable laws, ordinances, rules and regulations, including the ordinances and regulations of Brisbane, concerning the nature, quantity, treatment, and flow of discharges into the sanitary sewer system. 5. Inspection. During the construction of the sanitary sewer facilities, Brisbane shall have the right to inspect the same at any time for the purpose of determining whether the facilities have been installed in accordance with the plans and specifications approved by the Brisbane City Engineer. Following the completion of the improvements, Brisbane shall have a right of entry to any portion of the Project for the purpose of reading or inspecting the meters measuring the sanitary sewer flow. Such meters shall at all times be kept in proper working order and shall promptly be repaired or replaced when deemed necessary by the Brisbane City Engineer. SSF agrees that no initial occupancy of a building within the Project will be permitted until a clearance letter for such building has been obtained from the Brisbane City Engineer confirming his approval of the meter and other facilities which have been installed to provide sanitary sewer service for such building. 6. Payment of Sewer Service Charges. The regular charges for sanitary sewer service shall be billed by Brisbane directly to the property owners or other parties within the Project in whose name the service account has been established. Charges shall be computed in accordance with the applicable provisions of Chapter 13.08 of the Brisbane Rev. 2~8~99 -2- Municipal Code, and any amendments thereto or replacements thereof as may hereafter be adopted, and Brisbane shah have the same rights of enforcement and collection of such charges as may be available under the City's ordinances or otherwise provided by law. Brisbane shall be entitled to collect a security deposit on each account equal to the estimated charges that will be payable on that account for one normal billing cycle. Such deposit may be applied by Brisbane toward payment of any charges for sanitary sewer service that are not paid within thirty (30) days after the same become due. If all or any portion of the security deposit is used for the purpose of curing a delinquency, the deposit shall promptly be restored to its original amount. Brisbane shall not be required to segregate the security deposit into a separate fund and no interest shall accrue thereon. 7. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shah be either personally delivered or sent by certified mail, return receipt requested, or by a delivery service such as Federal Express which provides a receipt or other written evidence of delivery, addressed to the other parties as follows: To South San Francisco: City of South San Francisco Attn: City Manager P.O. Box 711 South San Francisco, CA 94083 To Brisbane: City of Brisbane Attn: City Manager 50 Park Lane Brisbane, CA 94005 To Developer: Sierra Point, L.L.C. c/o Opus West Corporation Attn: Randy Ackerman 6160 Stoneridge Mall Rd., Suite 360 Pleasanton, CA 94588 8. Indenmification of SSF. Developer shall indemnify, defend, and hold harmless SSF, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, damages of every kind, nature and description directly or indirectly arising from the negligent or intentionally wrongful performance of Developer's obligations under this Agreement. Brisbane shah indemnify, defend, and hold harmless SSF, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, damages of every kind, nature and description directly or indirectly arising from the negligent or intentionally wrongful performance of Brisbane's obligations under this Agreement. This paragraph shall not be construed to exempt SSF, its officers, officials, directors, employees and agents, from its or their own fraud, willful injury, violation of law, willful misconduct or negligence. Upon any transfer of any Parcel by Developer or any subsequent owner, then Developer or the transferring owner shall be released from any further indemnification or other obligations under this Agreement arising after the date of the transfer and the then current owner of the Parcel shall automatically, without execution of any further Rev. 2/8/99 -3- instruments, be deemed to have assumed the indemnification and other obligations under this Agreement as to such owner's Parcel. Nothing contained herein shall obligate Developer or any owner to indemnify SSF as a result of a breach by any other owner or impose on any owner any liability as a result of the default or non-performance by another owner. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and cancels any prior agreements or understandings, whether written or oral. This Agreement can only be modified by a written amendment hereto executed by all of the parties. 10. Term of Agreement. This Agreement shall continue in effect for a term of sixty (60) years from the date hereof, and shall thereafter automatically be extended for additional terms of ten (10) years each, unless an agreement to terminate this Agreement is duly executed and recorded by the owners of all of the Parcels, the City of SFF, and the City of Brisbane, which agreement shall specify the effective date of termination of this Agreement. 11. Successors and Assigns. The Agreement shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties and all current and future owners of all or any portion of the Parcels. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ovI) 'l~,a~Id S. Toppel,~t~y ~ctori~f~ City of Brisbane CITY OF BRISBANE, a municipal corpor/~tion Attest: ~/~ ~~ ? ~eri Mar(ie Schroed~, City Clerk Rev. 2/8/99 -4- CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: James L. Datzman, Mayor APPROVED AS TO FORM: City of South San Francisco Attest: Sylvia Payne, City Clerk SIERRA POINT, L.L.C., a Delaware limited liability company By: ,Managing Member Rev. 2/8/99 -5-