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HomeMy WebLinkAboutReso - CC - 076-1997RESOLUTION NO. 76-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING SANITARY SEWER SERVICE EXTENSION AGREEMENT BETWEEN THE CITY AND LLOYD A. KWOK AND MARGARET A. KWOK FOR 6170 SKYLINE BOULEVARD AND AUTHORIZING CITY DIRECTOR OF PUBLIC WORKS TO EXECUTE AGREEMENT RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the real property at 6170 Skyline Boulevard in the unincorporated area of San Mateo County is suffering septic system difficulties; and WHEREAS, the County and the owners of the property, Lloyd and Margaret Kwok, have asked the City to allow the property to connect to the City sanitary sewer main located in Skyview Drive in the City; and WHEREAS, the owners of the property are willing to bear the costs of the connection; and WHEREAS, the connection to the City main would benefit the owners and the community, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Director of Public Works is authorized and directed to execute the Sanitary Sewer Service Extension Agreement attached hereto as Exhibit A by and on behalf of the City. 2. The Clerk is directed to attest to the signature of the Director. MAYOR I, JUDITH A MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 15th day of SEPTEMBER . 1997, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARRISON, JANNEY, NONE NONE 9E When recorded, mail to: City Clerk City of Burlingame 501 Primrose Road Burlingame, CA 94010 SANITARY SEWER SERVICE EXTENSION AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LLOYD A. KWOK AND MARGARET A. KWOK FOR 6170 SKYLINE BOULEVARD, SAN MATEO COUNTY This Sewer Service Extension Agreement (hereinafter Agreement) between the City of Burlingame (hereinafter City) and Lloyd A. Kwok and Margaret A. Kwok (hereinafter, collectively Owners) on behalf of themselves, their heirs, successors and assigns, is entered into as follows: RECITALS WHEREAS, the Owners own the real property located at 6170 Skyline Boulevard in the unincorporated area of San Mateo County and as more particularly described in Exhibit A and as generally shown in Exhibit B hereto (hereinafter Property); and WHEREAS, the septic system on the Property is failing and it may not be possible to engineer a replacement system; and WHEREAS, the Owners and the County of San Mateo have requested the City to consider allowing the Owners to construct a sanitary sewer lateral that would connect to the City sanitary sewer main at Skyview Drive in the City; and WHEREAS, the Owners are willing to bear the expense of the construction and connection and to pay sewer service charges to the City; and WHEREAS, this service extension would provide a community benefit to the Owners and the area, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Connection. City shall allow Owners to connect to the City sanitary sewer main located in Skyview Drive. 2. Construction. Owners shall be solely responsible for construction and installation of all necessary piping, pumping, and plumbing work in accordance with the laws and regulations of the County of San Mateo and the City. 1 A 3. Permits. Owners shall obtain and pay for all necessary permits from the County of San Mateo and the City and any other regulating agency before beginning any work under this Agreement. 4. Acquisition ofRieht-of-Way. Owners shall be solely responsible for obtaining any necessary property interests to install, construct, or maintain the sewer lateral and shall be solely responsible for maintenance, repair, and operation of the lateral and associated equipment and trenching. 5. Future Sanitary Sewer System. Owners understand and agree that the County of San Mateo or some other public agency may create or undertake an improvement or sanitary district for providing sanitary sewer service to the Property and other properties in the area through a system of mains and laterals different from that being installed and extended under this Agreement. Owners agree to participate in and connect to such a different system as such an improvement or sanitary district may provide and remove the connection installed under this Agreement in accordance with City and County of San Mateo requirements. 6. Fees and Charges. Owners agree to pay all sewer service charges and fees to the City pursuant to City laws and regulations. 7. Binding on and Benefit to Successors and Assigns. This Agreement is intended to and does bind and inure to the benefit of the parties' heirs, successors, and assigns pursuant to the terns of the Agreement. 8. Notices. Notices required to be given under this Agreement shall be addressed as follows: To City: To Owners: City Engineer Lloyd A. Kwok and Marjorie A. Kwok City of Burlingame 6170 Skyline Bouelvard 501 Primrose Road Burlingame, CA 94010 Burlingame, CA 94010 The addresses to which the notice shall be or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service. Entire Agreement. This Agreement constitutes the entire agreement between the parties. 10. Runs with the land. This Agreement shall run with the land. The City shall cause this Agreement to be recorded with the County Recorder, and a copy will be provided to Owners. 11. Hold Harmless. Owners shall defend, hold harmless, and indemnify City, its officers and employees, from any and all claims for injuries, damage, costs or expenses, in law or in equity, to persons and/or property, including attorneys fees, which may arise out of the use of the sewer lateral to the Property, unless the cause of the injury or damage is the negligence or willful misconduct of the City, its officers, employees, volunteers, or agents. 12. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 13. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and Owners. 14. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 15. Termination. This Agreement shall terminate on October 1, 1999, unless the sanitary sewer connection contemplated by this Agreement has been completed pursuant to this Agreement. IN WITNESS WHEREOF the parties hereto have executed this License Agreement on the day of 1997. Dated: LIZ Dated: Dated: 9/15/97 CITY OF BURLINGAME Director of Public Works Lloyd A Kwok Margaret A. Kwok 4 EXHIBIT A DESCRIPTION OF REAL PROPERTY AT 6170 SKYLINE BOULEVARD That real property located in San Mateo County, State of California, described as: BEGINNING at a point on the Southwesterly line of the State Highway, commonly known as Skyline Boulevard, said point being located along said Southwesterly line, South 380 25' East 677.03 feet from a point in said Southwesterly line opposite Engineer's Station 637 plus 26.88 P.T. as said Engineer's Station is shown on the maps of the State Division of Highways, Division IV, San Mateo County, Route 55 Section "A", said point also being the most Easterly corner of the lands described in the Deed from Panama Realty Co. to Herbert A. Lebert and wife, dated September 8, 1947 and recorded September 12, 1947 in Book 1368 of Official Records at page 413 (File No. 87126-G), Records of San Mateo County, California; thence from said point of beginning North 38° 25' West along said Southwesterly line of Skyline Boulevard, 127.00 feet; thence leaving said boulevard; South 51' 35' West 264.38 feet to the Southwesterly line of said lands described in the Deed to Lebert (87126-G); thence along the Southwesterly and Southwesterly lines of said lands, South 43' 44' East 127.55 feet and North 510 35' East 252.56 feet to the point of beginning. F: \WP51\DOCS\ATTORNEY\PARCEL. DES d\ { v' a 4 W cQ a 0 V. 0 Q V/ VV m o a 1 � o m 41 LO