HomeMy WebLinkAbout1990-11-27 - AGENDA REPORTS - SEWER REIMBURSEMENT (2)I
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CONSENT CALENDAR
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AGENDA REPORT
City Manager Approval
Item to be presented by:
DATE: November 27, 1990
SUBJECT: SEWER REIMBURSEMENT DISTRICT
PRIVATE 'CONTRAC N0: 90-06
TRACT N0. 4611
DEPARTMENT: Public Works APN,
BACKGROUND
John E. Medina
An agreement for sewer reimbursement between the Whitmore Family Trust, the
developers of Tract 46110, and the City was previously approved by the Council
on June 12, 1990. Due to unanticipated additional traffic control and
construction delays that were not originally considered, the construction costs
are expected to be above those normally encountered. These higher costs are
directly connected with having to backfill the trench and install and remove
temporary pavement each day during construction in order to allow vehicular
access during non -working hours.
Although Market Street is considered a local street by current City standards,
it does provide the local neighborhood with a major source of vehicular access
which in turn will require the contractor to provide a higher amount of traffic
control than normally required. Also, the length of sewer installed per day
will decrease from the normal levels • due to both the higher traffic intensity
and the backfill and temporary pavement requirements. The proposed change to
the original agreement is located on Line #4 of Item #6, page 3 as follows: .the
original maximum reimbursement amount of $58,307.91 should be changed to
$105,471.68.
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. This increased
reimbursement would now truly reflect the estimated cost to sewer the area
within the district. If the actual cost of .construction is less than
anticipated. in the agreement, there would then be a proportionate reduction in
the corresponding reimbursement rates.
The City Council approve the amended reimbursement rates, and authorize the
execution of the revised agreement with the Whitmore Family Trust.
ATTACHMENT
Agreement
/ce ARROVEN Agenda Ifem:
GR72:83/:ev. 6115i�(
90=11 1j7
WHEN RECORDED MAIL TO:
City of Santa Clarita
23920 Valencia Boulevard
Suite 300
Valencia, CA 91355
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
MIN.
31 RAST. 12 R M.JUL X 199(1
This document is recorded fee exempt pursuant to
Government Code Section 6103 for the benefit of a public
agency.
AGREEMENT FREE E
THIS AGREEMENT, made and entered into this 12th day a
of June, 1990, 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, Trustees of the Whitmore Family Trust,
hereinafter called the "Developer".
W I T N E S S E T H
WHEREAS, the City Council. of.the City has required
that sanitary sewers be installed as a condition to Tract
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, Developer has entered in an Improvement
Security Agreement upon completion to City standards; and.
WHEREAS, the City and Developer may agree that
Developer will be reimbursed for excess sewer capacity
pursuant to Government Code Section 50140 et seq.; and
WHEREAS, said sewers will be dedicated to the City.
alh/AGR72183/rev. 6/15/
0 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 Control No. PC 90-06 in accordance
with the Plans and Specifications contained
therein of adequate size and capacity to serve
all properties within the boundaries of (the
"reimbursement district") the area shown on
Exhibit A.
2. Developer shall offer the sewers for
dedication on the final map; this dedication
shall not be effective until accepted by the
City.
3. The shaded area outlined on Exhibit A shall be
permitted to connect to and use such sanitary
sewers upon payment of.charges as prescribed
in paragraph 7. The City agrees that the
Developer shall be reimbursed by such owners
of properties within the reimbursement
district that have not participated in the
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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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90=1186197
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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 collection., as received, based
on a maximum reimbursement amount of
$58,307.91, or a sum of money equal in amount
of 95.24% 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 the final quantities and unit
price of the successful bidder, and the
computation thereof by the City shall be final
and conclusive as to the amount of such total
cost.
7. That the City agrees to impose connection
charges in accordance with the sanitary Sewer
and Industrial Waste and ordinance No. 90-2
(as amended) for sewer,service under this
agreement for each property identified on
Exhibit A that has not participated in the
cost of said sewer in an amount sufficient to
collect"the amount in Section 6 on a pro rata
basis. It is mutually agreed that
reimbursement charges will not be imposed
against.property not utilizing sewers
constructed under Santa Clarita Private
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90-1186197
e_a%aGR72:83/rev. 6/_S!w
W)
Contract No. P.C. 90-06. Alternatively, the
City may levy a contingent assessment on
property to require the payment of such
charges before connection.to the sewer.
8. That the City agrees that before permitting
any of the 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 agreed 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. This charge represents the reasonable
• cost of administering this agreement.
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
reimbursement 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 waives any and all claims for
Ordinance Frontage Charges as provided in
Section 20.32.13.0 of Ordinance No. 90-2.
13. Neither the City, its General Funds, nor its
• officers, agents, or employees shall in any
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AGR12183/rev
6/15/9c
41
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 recourse.
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 6
have been complied with and said charges have
been collected.
14. This Agreement may be amended only in writing
signed by both parties. Any waiver of a term
or condition hereof shall not be a continuing
waiver thereof.
DEVELOPER:
NORRIS GEORGE WHITMORE AND JANET GAIL WHITMORE, TRUSTEES OF
THE WHITMORE FAMILY TRUST, OWNERS
Attest: CITY OF SANTA CLARITA
Assistant Ci erk Mayor
Donna Grindey Joann Darcy
CITY OF SANTA CLARITA CITY OF SANTA CLARITA
APPROVED AS TO FORM:
i� lu�Q �•
Ell,tabeth L. Hanna
Dated: June 15, 1990
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90-118619'7
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ein/AGR72183/rev. 6/15i�
• STATE OF CALIFORNIA )
L ss.
COUNTY OF %•J�_ t= )
. �On this the :•'day of
19'�(i, befo.e
me, J'- T ; j -'-• —_ the under- _
signed ootary Public, personally appeared /
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) !!'_Z subscribed to the within
instrument and acknowledged to me teat xecuted it.
WITNESS my hand and official seal'
=OFFICIALSEALLAL/'Z OTEN�)(ALIFORNIAmoi%` ' ,ti fi' 4/ OUNTY Notary'$ Signature
c. 7. 1990
STATE OF CALIFORNIA )
• )
COUNT ss.
OF ,�✓ � )
0 this theday of�-,vim/ , 191v, before
me,
sioned Nota
•
, pers
personallknown to me
proved to me n the basis
to be the person(s) whose name
instrument and acknowledged to
WITNESS my hand aad'�official
' "ORAIA
V 'NTY
ura 8. 1994
It
ry•s
, the under-
tisfactory evidence
ribed to the within
,executed it.
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-90-1186197
GENERALACKN
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State of �./,_ /,� r= 1 On this tfT�� day of n 19-9-aefore me,
Countyot�f 7S ✓l"')C"v Oan I SS. Qfi .
OFFICIAL SEAL
r GERI K. DAVIS
i+`c : • t f;CT:.IlY PV21LIC - CALIFORNIA
tet-/ 4.y ;.:ur..:x949i APR 22, 1994
the undersigned Notary Public, personally appeared
u
�arsonally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) t -1-d--<' subscribed to the
within instrument, and acknowledged that executed it.
WITNESS my hand and official seal.
ATTENTION NOTARY: Alttx V the nitx•naoon resueeteo below s OPTIONAL, a aolxo prewmt imutk/ae ansa snt of fes temente toe rw ootlxhent.
THIS CER nRCATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signers) Other Than Named Above
No 20,
S]o19 NATIONALIpDAYASSCOA1pN•aMlift 1NM•PO.9m 719.•Cwc9e PwA,G 91307184
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