Loading...
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 O O c'Po 1 Osr� N C 'o mL41 �`O n y p LA ■ m pL4 Ln olf 19, 6 Olf o I o� pqp o y�� °tea °43` o >>2�0 o I w �° p2 \ Nc ;° m o rn D;O a) P Cy o a�� O cb �O� •P Z f*1 Ln A a I rnZ T • J J J N N N tD' (A W NNo CA O) N yo Q, °� �;o°> o ,m— ► , co co cfl I 0 0 0 Z� °gyp r N m D ��m FA sr n mor. p U U 64 R 2Or`0 D E W W D F•--i NN 0 0~ �� ? O frn n O ?D, 0 to N y m K D rn a rri z m ~ r --i o m y mom — SAN BENITO D DXC S ,D C: J y D z m o ►� m o z - o c:, "N LA U VA C) OR �\0 ti OcRS �i � i `°°s m O 0