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HomeMy WebLinkAbout2008-001 Hix-Lynch Sewer Extensionf z0og cC7� PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND GARY L. HIX AND BARBARA LYNCH FOR CONSTRUCTION OF THE VALENTINA NORTH SEWER EXTENSION THIS AGREEMENT is made this Nt day of , 2008, in San Luis Obispo County, California, by and between the CiYy of Atascadero, California, hereinafter referred to as "City", and Gary L. Hix and Barbara Lynch, hereinafter referred to as "Applicants" with reference to the following recitals. A. Applicants have opted to connect to the city sewer system at applicants' property on Valentina Ave. in the City of Atascadero; and B. In order to connect to the sewer system, Applicants constructed a public sewer extension along the upper section Valentina Avenue to serve the Property. Said service extension is described as follows: Approximately 512 feet of 8" gravity sewer beginning approximately 160' southeast of Dolores Avenue. on Valentina Avenue. and extending 512 feet southeast then northeast on Valentina Avenue. C. E The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. The Applicants' cost descriptions in construction of the public sewer extension are described as follows: Description Fees and Permits Engineering and Surveying Construction Applicant's Benefit Total $ 2,692.94 1,412.33 41,051.00 (4,515.63) TOTAL $40,640.64 F. Applicants have agreed to dedicate, or have dedicated the public sewer extension to the City. 1 G. The City will reimburse Applicants for part of Applicants' costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicants shall not exceed $39,827.83 which represents total project expenses less Applicants' share and City Administrative Fee. NOW, THEREFORE, in consideration of the mutual conveyance contained herein, Applicants and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicants for Applicants' costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit A. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicants is conditioned on the following: 4.1 Applicants providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicants providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. 2 4.5 Applicants have provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicants for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Valentina Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicants at: Gary L. Hix and Barbara Lynch 5455 Valentina Avenue Atascadero, California 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 10. Indemnity Applicants agree to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgments, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities, judgments, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: /212 707 Gary. IMix Date: 12,I > Z—a %J .1 L Barbara Lync Approved by the Council of the City of Atascadero on this 8th day of January, 11: Attest: By: M C UILZ- Marcia McClure. Torgerson, City Clerk Approved as to Fo By: Brian Pierik, City Attorney City of Atasca4�ro B: Mikel3rennler, Mayor El EXHIBIT A VALENTINA AVENUE WEST SEWER EXTENSION REIMBURSEMENT AREA Property Owner Reimbursement Amount 028-172-001 $ 4,515.63 Hix, Gary L. TRE et.al. 5455 Valentina Avenue Atascadero, CA 93422 028-172-029 $ 4,515.63 Pauls, Glen A. and Kristen J. 5505 Valentina Avenue Atascadero, CA 93422 028-172-030 $ 4,515.63 Buckheim, Kurt A. and Debbie A. P.O Box 1893 Atascadero, CA 93423 028-172-012 $ 4,515.63 Vincent, MD 5615 Valentina Avenue Atascadero, CA 93422 028-181-003 $ 4,515.63 Sorensen, Bethany D. et.al. 5450 Valentina Avenue Atascadero, CA 93422 028-181-030 $ 4,515.63 Thompson, Robert L. TRE et.al. 5500 Valentina Avenue Atascadero, CA 93422 Exhibit A — Page 1 Property Owner Reimbursement Amount 028-181-029 $ 4,515.63 Bloomfield, Joan C. 5550 Valentina Avenue Atascadero, CA 93422 028-181-027 $ 4,515.63 Hobson, Deric and Eileen P.O. Box 423 Templeton, CA 93465 028-181-028 $ 4,515.63 Shirley, Keith B. and Susan A 5600 Valentina Avenue Atascadero, CA 93422 028-181-008 $ 4,515.63 Vagnini, Kathy A. and Rick R 5650 Valentina Avenue Atascadero, CA 93422 Exhibit A — Page 2 EXHIBIT B VALENTINA AVENUE WEST SEWER EXTENSION REIMBURSEMENT AREA MAP WAR 0 0 0 o o c°u Exhibit B — Page I