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HomeMy WebLinkAbout2005-019 Candiff, Darin - Seperado Sewer Ext. Reimb. Agmt. is ,`-,'CHI3FF�J CONTRACT#,205 PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND DARIN CANDIFF FOR CONSTRUCTION OF THE SEPERADO AVENUE SEWER IMPROVEMENTS THIS AGREEMENT is made this 1y_ day of 3j,ne , 2005, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and DARIN CANDIFF, hereinafter referred to as "Applicant"with reference to the following recitals. A. Applicant has developed certain property within the boundaries of the City, commonly referred to as a portion of Seperado Avenue; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along Seperado Avenue to serve the property. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Total Engineering and Surveying,Mtgs 1696.50 Plan Check Fees 500.00 Construction 13,401.00 Applicant Benefit - 5,199.17 TOTAL $10,398.33 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $10,190.36, which represents total project expenses less Applicant Benefit and Administrative Fee. NOW,THEREFORE, in consideration of the mutual conveyance contained herein, applicant 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 Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. 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 Applicant is conditioned on the following: 4.1 Applicant 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 Applicant 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. 4.5 Applicant has 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 Applicant 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 Seperado Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: DARIN CANDIFF 4870 SEPERADO AVENUE ATASCADERO, CA 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 Applicant 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: ? o 1 DARIN CANDIFF Approved by the Council of the City of Atascadero on this /41 day of �, 2005- City of Atascadero Bye Attest: By: Marcia M. Torgerson, City Cl Approved as to Form: By: `/ EXHIBIT B SEPERADO AVENUE SEWER EXTENSION REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT AMOUNT 028-061-041 $5,199.17 DOUGLASS 13505 EL CAMINO REAL ATASCADERO, CA 93422 028-061-009 $5,199.17 CAMPEGGI 4912 SEPERADO ATASCADERO, CA 93422 ITEM NUMBER: DATE: m all i {iais i9�» Atascadero City Council Agenda Report - Public Works Department SEWER EXTENSION REIMBURSEMENT AGREEMENTS RECOMMENDATION: Council authorize the City Manager to approve the two Sewer Extension Reimbursement Agreements. DISCUSSION: In conjunction with the development of their property, Mr. Rossi and Mr. Candiff extended the public sewer on Linda Vista and Seperado Avenues, respectively. In doing so, sewer access was provided to other properties. Atascadero Municipal Code allows application for reimbursement from future sewer connections to these extensions as indicated by the following: 7-5.002 Reimbursement when. The City may approve a reimbursement agreement with persons who have paid for public sewer extensions. Application for reimbursement must be submitted within six (6) months of acceptance of sewer extension. Said agreements shall provide for reimbursement of the excess cost borne by said persons, at such time within fifteen (15) years as money is paid to the City for service from said sewer extension. The City shall require the applicant to file and have approved by the City Engineer a reimbursement map showing the method and amount of cost spread to each future connection to the sewer extension. (Ord. 438 § 2 (part), 2004) FISCAL IMPACT: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded.