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.
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