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
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Exhibit B — Page I