HomeMy WebLinkAbout1990-06-12 - AGENDA REPORTS - SEWER REIMBURSE TRACT 46110 (2)0
CONSENT CALENDAR
DATE: June 12, 1990
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AGENDA REPORT
City Manager Approval
Item to be presented
SUBJECT: SEWER REIMBURSEMENT DISTRICT
PRIVATE CONTRACT ,SIO. 90-06
TRACT NO. 46110 11
DEPARTMENT: Public Works
BACKGROUND
John E. Medina
The Whitmore Family Trust, the developers of Tract 46110, are installing a
public sewer in Park View Drive and Market Street as a condition of approval for
the project. The lots facing Market Street are significantly lower than the
sewers on Park View Drive and would require a pump station for service. We feel
that a more effective approach is, and we have required, the developers to
install a sewer on Market Street to serve these lots. The developer has agreed
to this condition but has asked for reimbursement for this additional cost from
those properties outside of their subdivision which may now utilize these sewers.
The State Subdivision Map Act and the City's Sanitary Sewer and Industrial Waste
Ordinance authorize the City Council to enter into a reimbursement agreement
when a subdivider installs public sewers that benefit property not within -the
subdivision. The amount reimbursed the subdivider is that portion of the cost
of the improvements in excess of.the construction required for the subdivision.
The agreement provides for the collection of fees from properties utilizing the
sewers. These fees, less the administrative costs, will be transmitted to the
developer as collections are made.
The City is under no obligation to pay any of the reimbursement costs.
Properties within the reimbursement district which do not connect to the sewer
system will not be required to pay the reimbursement charge.
RECOMMENDATION
The City Council approve the agreement, map, and reimbursement rates, and
authorize the execution of the reimbursement agreement with the Whitmore Family
Trust.
ATTACHMENT
Map
Adopted:
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Agenda Item:
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Agreement
THIS AGREEMENT, made and entered into this 11Z 4k day of 1,n e.
19.x, by and between the City of Santa Clarita,
State of California, acting by and through its City Council,
hereinafter called the "City" and __Norris._ George Whitmore and _
—Janet Gail Whitmore,._Trus.tees,of the Whitmore Fami_ly_Trust_.___ __
hereinafter called the Developer"
WITNESSETH,
WHEREAS, the City Council of the City has required that sanitary
sewers be installed as a condition to _T_ract No. 46110 _
located at ___ Market__Street_Santa Clarita, California,and
WHEREAS, in the opinion of said City Council, sewers are to be
constructed that will contain supplemental size, capacity, or
number for the benefit of property not within the subdivision;
and
WHEREAS, the Developer has the necessary funds and is willing to
install said sewers at his own expense, which will provide
sanitary sewer service for his property and other properties as
indicated on EXHIBIT A, attached hereto, and by this .reference
made a part hereof; and
WHEREAS said sewers will be dedicated to the City.
NOW THEREFORE, the parties hereto covenant and agree as
follows:
1. The Developer will construct at his own expense, a sanitary
sewer under Santa Clarita Private.Contract No. PC 90-06.
in accordance with the Plans and Specifications, of
adequate size and capacity to serve all properties within
the boundaries of the reimbursement district as shown on
said EXHIBIT A.
2. The Developer agrees to dedicate the said sanitary sewer to
City for public use. The areas outlined in blue on said
Exhibit A are permitted to use said sanitary sewers upon
payment of charges as prescribed in paragraph 7.
3. The City agrees that the Developer shall be reimbursed
• by the owners of properties within the district that
have not participated in the cost of the sanitary
sewer.
4. That Developer'shall advertise for sealed bids on said
improvements in a periodical of general circulation
within the City, said periodical to be acceptable to
and approved by the City, and said publication to be
made at least fourteen days prior to the date
specified therein for the opening bids. Said
advertisements shall direct bids to be submitted to the
City, 23920 Valencia Blvd., Suite 300, Santa.Clarita,
California 91355. It is agreed that the bids will be
opened by the City Clerk, his assistant, or duly
authorized deputy in the office of the City, at the
time specified in said advertisement, in the presence
of the Developer and other interested parties who
desire to be present. The contract will be awarded to
the lowest responsible bidder as the same is determined
by the City Engineer. In the event that the amount of
the bid of the lowest responsible bidder exceeds the
estimate of the cost of the improvement prepared by the
City Engineer by ten percent or more, the City Engineer
shall advise the Developer of the increased cost and
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the Contractor shall notify the City Engineer, by
letter, whether said bid is acceptable to the
Developer. If either the Developer or the City
Engineer disapprove the excessive bid, the Developer
will re -advertise for bids. The City Engineer may, in
his sole discretion, reject all bids as submitted,
whereupon the Developer will re -advertise for bids as
herein specified. Compliance with the provisions of
this paragraph shall be a condition precedent to the
incurring of any obligation whatsoever on the part of
the City for reimbursement under this agreement.
5. That upon completion of said improvements, and the
acceptance of the same by the City, the Developer agrees to
furnish the City itemized receipt bills covering the total
costs of said improvements, together with an affidavit of
publication of the advertisement for bids herein called for.
6. That the City agrees to reimburse the Developer from .
collections, as received, based on a maximum reimbursement
amount of $_5J°O7_g7_, or a sum of money equal in amount to
of the total cost necessarily incurred by the
Developer in the construction of said project for which
reimbursement is being made herein, whichever is the
smaller. The "total cost incurred," referred to in the
preceding sentence, will be computed by the City based upon
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the final quantities and unit prices of the successful
bidder, and the computation thereof by the City shall be
final and conclusive as to the amount of such total cost.
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7. That the City agrees to impose connection charges in
accordance with the Sanitary Sewer and Industrial Waste and
Ordinance No. 91 (as amended) for sewer service for property
that has not participated in the cost of said sewer. It is
mutually agreed that reimbursement charges will not be
imposed against property not utilizing sewers constructed
under Santa Clarita Private Contract No. - P.C..__90_-06-____
8. That the City agrees that before permitting any of the said
property located within the reimbursement district to
connect to said sewer, the City will collect the required
charges. All charges made in accordance with this agreement
shall be paid to the City and shall be deposited in trust to
be transferred to the Developer, together with a description
of the properties making the payments. The Developer agrees
to furnish the City any change in the Developer's address.
9. That the City shall impose a charge of 10% of all
collections to. cover the cost of making collections and
said charge will be deducted from each collection
before transfer to Developer. Said charge shall be
deposited with the City Treasurer and credited to the
City.
10. It is mutually agreed that the obligation of the City to
collect connections charges shall only continue for a period
of 15 years from the date of acceptance of the agreement by
the City Council and all obligations for the City to make
reimbursement payments to the Developer shall terminate at
the expiration of this period.
11. When the Developer has been reimbursed from collections
paid from all areas within the District less the cost
of collection, or reimbursed for the amount stated in
paragraph 6, or the expiration of the 15 -year period
herein stated, whichever comes first, then the
obligations of the City to make reimbursement payments
terminates.
12. The Developer agrees to make no claims for
Ordinance Frontage Charges as provided in Section 20.32.150
of Ordinance No. 90-2.
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13. Neither the City, its General Funds, nor its
officers, agents, or employees shall in any way be
responsible for or obligated to pay any moneys promised to
be paid under this agreement. Payment of any and all costs
of construction of the outlet sewer may be made only from,
and Developer may have resources only to, moneys collected
from properties which have paid Sewer Connection Charges and
under no condition shall the Developer be reimbursed until
requirements of paragraph 5 have been complied with and said
charges have been collected.
In witness thereof, the Developer has affixed their names and the
City Council of Santa Clarita caused this agreement to be
executed by its Mayor and attested by its City Clerk, all in the
day and year herein first above written.
DEVELOPER:
NORRIS GEORGE WHITMORE AND JANET GAIL WHITMORE, TRUSTEES OF THE
WHITMOAE FAMILY TRUST, OWNERS
-ORRIS GEORGE WHITMORE, TRUSTEE
STATE OF C,
COUNTYOF
Personally known to me (or pfOvetl to me on [h
factory evidence a basis of sa tis-
scribetl
to be the person(a) whose name(s) is/are sub -
to the within instrument and acknowledged to Me that
he/she/they executed the same.
WITNESS my han ndOfficial seal-
Signatur
L= -c
me, the
IL WH
a Notary Public in and for
^A, .. ._
BETTY S WOOTEN
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
MY Co . Expires Oec 7, 1990
(This area for official notarial seal)
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FRONTAGE REIMBURSEMENT CONNECTION CHARGES HAVE BEEN INCLUDED
N THE RATES FOR LOTS 5-9 AND 11.21.
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LEGEND
I. INDICATES DIRECTION OF Onuxu.E.
® $' OSTCOfrRETOEA°TECNANTIRoSWERGFCiIIES
® 9
THAT"
tY FnoMM
H ICM COLLECTIox9AGE Gx BE
�0 SJ PC`f,C PERMITS WILL RBEE SSYED FOR CORTECTIIXEI O
E $, MOPERTY PRATICN ATI..:
RATE 11A 0 ), RSSE59ABLC ASSESSABLE I
A'HILI. S P•_E�9 U. 1 E_!ES/K.:O-$fLYS. NS
�pPo= 11.1 /A.IIA "SH AR"
Q NOTE :ARNI i.lSmTARY HITRIBUTARY AYEIEx OYREOF THIS ESTABLISxEWHICH MAY DIITEIn8 WEIIExT
DISTRICT WILL PAY THE SAME RATE AS THE RASA WITHN THE
ESTABLI9xE0 DISTRICT FOR THEIR 1-1.111 NNNLEOES.ALL SCEM
TRIBM'..' AREAS VST BE JIFY OBI THE CITY ENGINEER
N FOA AVAILABLE CAPACITY OF THE SEWER SYSTEM.
0 EXHIBIT WAN APPROYED BY THIS. CARS'. CITY COUNCIL
PRIVATE CONTRACT NO. 90-06
MAP SHOWING PROPERTY FROM WHICH COLLECTION$
CAN BEMADE FOR CONNECTIONS TO SEWERAGE
FACILITIES CONSTRUCTED TO 5CAME
MARKET STREET
CITY OF SANTA CLARITA. CALIFORNIA
DEPARTMENT OF PMLIC WORKS APPROVED
SGLE: i•200 MHRCx. 1990 0 -TC
ONE $.ECT