HomeMy WebLinkAbout1995-014 Camino Real Improv. Reimbursement Agmt. r 1 rwv act No. 95014
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO
AND CAMINO REAL ROAD IMPROVEMENT DISTRICT 1992
FOR CONSTRUCTION OF
THE CAMINO REAL SEWER IMPROVEMENTS
THIS AGREEMENT is made this 13th day of July , 1995 , in
San Luis Obispo county, California, by and between the City of
Atascadero, California, hereinafter referred to as "City", and the
Camino Real Road Improvement District 1992, hereinafter referred to
as "District" with reference to the following recitals.
A. Golden West Development, hereinafter referred to as
"Applicant" has developed certain property with the
boundaries of the City, commonly referred to as Assessors
Parcel Numbers 049-141-026, 030, 036, 040, 041 , as shown
on Exhibit A, and herein referred to as The Property; and
B. In order to develop The Property, Applicant opted to
form an assessment district to construct a public service
extension along El Camino Real, to serve The Property.
Said service extension is described as follows: The
eight inch sanitary sewer main constructed in El Camino
Real from approximately 2100 feet north of San Anselmo
Avenue to La Uva Avenue referred to as Project "A"; the
four inch sanitary sewer force main constructed in El
Camino Real from La Uva Avenue to approximately 300 feet
north of Del Rio Road and the sanitary sewer pump station
constructed approximately 300 feet north of Del Rio Road
referred to as Project "B" .
C. Said public service extension is to be shown on a map
attached hereto as Exhibit A.
D. The District's cost descriptions in constructing the
public service extension are described as follows:
r y�y
Project "A" Project "B"
*Gravity Pumpstation & Total
Portion Forcemain
Portion
Engineering Costs 6,280. 9,420. 15, 700.
Permit Costs 557. 835. 1, 392 .
Construction Costs:
Gravity Sewer 84, 605. 127, 377 . 211, 982 .
L.S. & Forcemain
Other Costs 14, 994 . 22, 491. 37, 485.
(ie: City Admin.
Fees)
Total Project Costs $106,436. $160, 123 . 7F$2;, 559.
*Note: Reimbursement for costs relating to gravity main design and
construction are limited to properties whose laterals connect
directly to the gravity main.
E. District has agreed to dedicate, or has dedicated the
public service extension to the City;
F. The public service extension will serve adjacent land
owners within the area of proration, as shown in Exhibit
A, as provided in the rules and regulations of the City.
G. The City will reimburse District on a prorated basis for
part of District's costs in constructing the public
service extension from adjacent land owners according
to Table A. The total reimbursement to the District
shall not exceed $235, 444 .
NOW, THEREFORE, In consideration of the mutual conveyance
contained herein, District 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 or until
such time as the Assessment District bonds are retired,
whichever comes first.
2 . Rate of Reimbursement.
During the term of this Agreement, the City will
reimburse District for his costs in constructing the
public service extension on a prorated basis from
adjacent land owners pursuant to the proration
tirrr
methodology described in Exhibit B. The City will
collect said prorated amount from each adjacent land
owner before permitting said owner to connect to the
public service extension.
3 . Administrative Costs.
Two percent (2%) of all monies collected pursuant to this
agreement shall accrue to the City as administrative fee.
4 . Additional Reimbursement Areas.
4. 1 The City may also make or permit connections to said
public service extensions to serve private property
outside of the area of proration as determined by
------the- - -City- Engineer; provided that reimbursements
shall be paid to the District.
5. Conditions of Reimbursement.
City's obligation to reimburse District is conditioned
on the following:
5. 1 District providing City with an engineer's
certification that extensions are constructed in
substantial conformance with the plans and the
standard improvement specification and drawings
submitted to the City.
5. 2 The utility line extension has been inspected and
approved by the City.
5. 3 Applicable easements have been offered and accepted
by the City.
5. 4 District providing the City with a detailed
accounting, satisfactory to the City, of the amounts
expended for the construction and installation of
the public service extension.
5. 5 District has provided the City with a maintenance
bond, letter of credit or other financial security
satisfactory to the City ("Maintenance Guarantee")
in the 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 its 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.
6. Obligation of City.
If, for any reason, the reimbursement fee is or becomes
legally uncollectible, the City shall not be responsible
in any way for collecting the reimbursement fee and/or
reimbursing the District for the costs of the public
service extension. Reimbursements shall be made only
when the City collects money from the owners of
properties whose buildings are to be connected to the
public gravity sewer or will contribute flow to the
Del Rio Road Wastewater Pumping Station/forcemain,
notwithstanding any provision of any law, this code or
the reimbursement agreement.
7 . Place of Payment.
---Th-e---City- shall- make payment to District-at:-
(Name of company/corporation, person or department,
and address. )
This address may be changed at any time by District by
receipt of written notice to the City.
8 . Successor's and Heirs.
This Agreement shall be binding on and shall enure to the
benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
9. Severability.
Shall any provision of the agreement be held by a court
of competent jurisdiction to be either invalid, void, or
unenforceable, the remaining provisions of the Agreement
shall remain in full force and effect unimpaired by the
court ruling.
10. 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.
11. Indemnity.
Applicant and District agrees to save, indemnify and hold
harmless, the City of Atascadero, its officers, employees
and agents, from all liabilities, judgements, 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, judgements, 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:
STEVEN J. .S VE R, City Engineer
CAMINO REAL IMPROVEMENT DISTRICT 1992
Approved by the Atascadero City Council on this 13th day of
June , 19 9 5 -
GEORGE P. HIGH&D, Mayor ProTem
CITY OF ATASCADERO
r�
T S
City Cle-rk
APPROVED AS TO FORM:
—A"L—
City Attorney
r
*40,
TABLE A
PRELIMINARY
REIIaURSEMENT PROPERTY ESTIMATE OF
PRORATION AREA"A": ACREAGE ASSES
049-211-052 2.22 S 15,011.94
049-211-016 2.43 S 16,431.99
049-211-053 2.02 S 13.659.51
049-211-00S 328 S 22,179.80
049-211-018 2.98 S 20,151.16
049-214-001 0.84 S 5.680.19
049-214-002 0.04 S 270.49
049-214-003 0.04 S 270.49
049-214-004 0.15 S 1.014.32
049-214-00S 0.08 $ 540.97
049-214-006 0.08 S 540.97
049-214-007 0.12 S 81I.46
049-214-008 0.22 S 1,487.67
049-214-009 0.06 S 405.73
049-214-010 1.18 S 7,979.32
Total 15.74 Acres S 106,436.00
REIMBURSEMENT PROPERTY ESTIMATE OF
PRORATION AREA'B": ACREAGE ASSESSMENT
049-211-019 2.62 S 11,136.77
049-201-030 0.56 S 2,380.38
049.201-031 0.57 S 2.422.89
049-201-032 0.64 S 2,720.43
'049-201-036 1.14 S 4,845.77
049-201-021 1.54 S 6.546.04
049-201-010 0.41 S 1,742.78
049-201-025 1.16 S 4,930.79
049-201=024 1.70 S 7.226.15
049-201-014 1.70 S 7,226.15
049-141-044 1.31 S 5,568.39
049-141-045 1.31 S 5.568.39
049-141-046 1.70 $ 7,226.15
049-141-022 0.70 S 2,975.47
049-141-023 0.56 S 2,380.38
Page 2
Table A
REAvIBURSENMM PROPERTY ESTIMATE OF
PRORATION AREA"B": ACREAGE ASSESSMENT
049-141-024 0.14 $ 595.09
049-131-035 0.18 $ 765.12
049-131-050 0.39 $ 1.657.76
049-131-055 0.85 $ 3,613.08
049-131-048 1.52 $ 6,461.03
049-102-045 2.40 $ 10.201.62
049-102-056 3.45 $ 14,664.84
049-112-002 1.72 $ 7,311.16
049-112-022 0.45 $ 1.912.80
049-112-035 0.65 $ 2,762.94
049-112-036 0.98 $ 41165.66
Atascadero Factory Outlet 7.32 $ 31,114.96
Stores
Total 37.67 S 160,123.00
930504/seweriel
TABLE B
CONSTRUCTION COSTS
DESCRIPTION PROD.A PROJ. S NOT INCLUDED IN TOTAL
AGREEMENT
Mobilization &Site
01 Demolition $ 5,304.00 $ 8,048.00 $ 4.938.00 $ 18,290.00
02 Sewer Tie-In $ 1,500.00 $ 1,500.00
03 8" PVC Sewer Main $ 57,280.00 $ 53,600.00 S 110,880.00
04 6" PVC Sewer $ 896.00 $ 896.00
Lateral
05 4" PVC Sewer $ 1,488.00 S 1,488.00
Lateral
06 Sewer Manholes $ 13,600.00 $ 17,000.00 $ 30,600.00
07 4"PVC Force Main $ 42,237.00 $ 42,237.00
08 22'Steel Sleeve $ 2,610.00 $ 2,610.00
09 Lift Station $ 65,615.00 $ 65,615.00
10 Video Taping $ 706.00 $ 670.00 S 1,376.00
11 Replacement $ 6,215.00 $ 4,812.50 $ 467.50 $ 11,495.00
Asphalt iii
12 2"Water Service $ 1,930.00 $ 1,930.00
13 3" Riser $ 605.78 $ 605.78
14 Phone Conduit $ 387.55 $ 387.55
15 Abandon Water $ 351.47 $ 351.47
Service
16 Abandon 4"Water $ 1,131.53 $ 1,131.53
Main
TOTAL $ 84,605.00 $ 127,377.00 $ 79,411.00 $ 291,393.00
TABLE C
INCIDENTAL COSTS
City of Atascadero Fees S1,392.
Engineering $15,700.
Contract Administration $21,035."
Construction Inspection $10'889'*
Construction Staking S 1,702.' '
Soils Testin $ 3 859.'x'
Total Incidental Costs $54,577.
Project'A' S 21,831.
Pro'ect 'B' $32 746
$54,577.
-ESTIMATE BASED UPON PRORATION OF PROJECTS WAND 'B'
CONSTRUCTION COST AS A PERCENTAGE (18.5%) OF TOTAL
CONSTRUCTION COST OF IMPROVEMENTS IN CAMINO REAL
IMPROVEMENT PROJECT ASSESMENT DISTRICT.
MPRON9305"7ABLEC
EXHIBIT "B"
Estimated fees to be reimbursed to the Camino Real Improvement
Project Assessment District in accordance with Resolution No.
are calculated as follows:
TABLE OF PROJECT COST AND REIMBURSEMENT PRORATION AREA
*Construction **Incidental Reimbursement Cost/Acre
Costs Costs Proration
Area
A $ 84, 605. $ 21,831. 15.74 Acres $ 6, 762 . 13
B $127, 377 . $ 32,746. 37 . 67 Acres $ 4 , 250. 68
* For Construction Cost Breakdown See Table B
**For Incidental Cost Breakdown See Table C
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