HomeMy WebLinkAbout2006-005 Gearhart, Kelly CITY OF ATASCADERO
CONTRACTn�1 Ob-
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO
AND
KELLY GEARHART
FOR CONSTRUCTION OF THE
VALENTINA AVENUE SEWER EXTENSION
THIS AGREEMENT is made this Ail day of r lo , 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 VALENTINA AVENUE,
and
B. In order to develop The Property, Applicant opted to construct a public
sewer extension along VALENTINA 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 22,500.00
Applicant Benefit -3,750.00
TOTAL $18,750.00
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 $19,132.65, 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 Valentina 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: 4 1"
KELLY GEARHART
Approved by the Council of the City of Atascadero on this day of
Vim'`' , 2006.
I
City of Atascadero
BytTom 'Malley,
Attest:
By: ,
Marcia M. Torgerson, City Cle
Approved a, to Form
Patr' Win�.MiCy
Attorney
EXHIBIT A
VALENTINA AVENUE
SEWER EXTENSION REIMBURSEMENT AREA
PROPERTY OWNER REIMBURSEMENT
028-172-014 $3750.00
MILLER
5705 VALENTINA
ATASCADERO, CA 93422
028-172-015 $3750.00
BRINLEY
5755 VALENTINA
ATASCADERO,CA 93422
028-181-025 $3750.00
FIELDS
5750 VALENTINA
ATASCADERO, CA 93422
028-181-026 $3750.00
POULTER
5700 VALENTINA
ATASCADERO, CA 93422
028-181-009 $3750.00
HALL
5670 VALENTINA
ATASCADERO, CA 93422
%NOV EXHIBIT B
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