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Home My WebLink About2006-020 Gearhart, Kelly CITY OF ATAS CONTRACT# PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO AND KELLY GEAR-HART O Q FOR CONSTRUCTION OF THE COLIMA AVENUE SEWER EXTENSION THIS AGREEMENT is made this Z�4'-day of 2006, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as "City", and KELLY GEARHART, hereinafter referred to as "Applicant"with reference to the following recitals. A. Applicant has developed certain property on COLIMA AVENUE; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along COLIMA 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 Construction $83,065.00 Applicant Benefit* -15,102.72 $67,962.28 *049-163-082 049-164-007 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 $66,603.03, 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 COLIMA 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: KELLY GEARHART 6205 ALCANTARA 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: 7— /V LLY EARHART ��jj pproved by the Council of the City of Atascadero on thisday of �(U�2006. City of Atascadero By. Tom O'M'a ey, M yor Attest: By. , - /'! [ Marcia M. Torgerson, Cit Jerk Approved AS to Form: Iatric . E t, City Attorney EXHIBIT A COLIMA AVENUE SEWER REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT AMOUNT 049-302-017 $7,551.36 JAMES AND JENNIFER EICKEMEYER 3605 COLIMA AVENUE ATASCADERO, CA 93422 049-302-014 $7,551.36 DONALD AND TAMMY JORDAN 3625 COLIMA AVENUE ATASCADERO, CA 93422 049-302-013 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO, CA 93422 049-302-012 $7,551.36 ROBERT ALLEY 3725 COLIMA AVENUE ATASCADERO, CA 93422 049-302-009 $7,551.36 MICHAEL RAMIREZ 3855 COLIMA AVENUE ATASCADERO, CA 93422 049-163-011 $7,551.36 MARTIN RICHARDSON 3800 COLIMA AVENUE ATASCADERO, CA 93422 049-163-012 $7,551.36 VIVIAN MC COY 3740 COLIMA AVENUE ATASCADERO, CA 39422 049-164-007 $7,551.36 BRIAN DUGAS* 3680 COLIMA AVENUE ATASCADERO, CA 93422 049-163-056 $7,551.36 MICHAEL GARROTTO 3620 COLIMA AVENUE ATASCADERO, CA 93422 049-163-010 $7,551.36 COE 3780 COLIMA AVENUE ATASCADERO, CA 93422 049-163-082 $7,551.36 GEARHART 6205 ALCANTARA ATASCADERO, CA 93422 *Connected to the benefit of the Developer 7,rte`,.. a F. ;, s..: � ''L ac":3t��'•.=U_z^,.�, `'g_" �n irk � .0 }° �� °�,'�C� � x a, : :�� 'i 4�� ' 'Ze ..�� .r�rg �� *� »% � • c Y� �� z ��> ro- "�q ",f. 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