HomeMy WebLinkAbout05/18/1993, C-11 - REIMBURSEMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS CO. yp '
IIIry�INII�InIIn� I J MEETING DATE:
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city of San Luis OBIspo May 18, 1993
WMCme jCOUNCIL AGENDA REPORT Imo"'' NUMBER:/)w
FROM:
Michael McCluskey, Public Works Direct r .
Prepared by: Gerald W. Kenny, Supervising Civil Engineer
SUBJECT:
Reimbursement Agreement with Southern California Gas Co..
CAO RECOMMENDATION:
By Motion, Approve Reimbursement Agreement with Southern California Gas Co. for Future
Direct Connections to the Industrial Way Watermain.
DISCUSSION:
The construction of the new Southern California Gas Co's. (SCG) maintenance facility at Broad St.
and Industrial Way required the construction of a new 12-inch diameter watermain in Industrial Way
in order to provide adequate fireflow and domestic service for the development. Although the
property was in unincorporated territory at the time, the property had previous approval for and use
of City water service. This water main was constructed as a link of a proposed looped main system
designed by the Utilities Department.
' The reimbursement agreement contained two basic sections: 1) the City reimburses the developer for
- oversizing; 2) new developers reimburse the original developer for the benefit of connecting to the
water main. The City has already met its obligations for the first part of the agreement. In
accordance with City policy per Resolution No. 5906 (1986 Series), the City paid the developer the
difference in cost between the installation of an 8" main and a 12" main. The second portion of the
agreement allows a 15 year time frame for others to make a "direct" connection to the main and pay
a.benefit fee to the original developer. The only likely developer which may or may not make a
direct connection to the main is the proposed "Marigold Shopping Center."
The.Southern California Gas Co., owner and contractor, installed the water main per City
requirements. SCG has requested a reimbursement agreement per City regulations (MC 16.44.91)
and in accordance with such regulations staff has prepared the attached reimbursement agreement.
SCG has complied with the requirements of all City regulations and the rate of reimbursement has
been determined from actual certified cost.
ALTERNATIVES:
Option 1: Deny approval of the agreement. This does not appear to be a logical option, since
SCG has met the code requirements and the work is complete.
7/rl
-City Of San LUIS OBISPO
COUNCIL AGENDA REPORT
SCG Reimbursement Agreement -
Meeting of May 18, 1993
Page Two.
FISCAL IMPACT:
i
The cost for the oversizing ($ 6,640) has already been paid, per City policy. There are no additional
costs to the City.
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CONCURRENCES:
I
i
The City Attorney and Acting Utilities Director concur with the recommended action.
Attachments:
1 - Agreement
2 - Vicinity Map
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G:-.Misc%SCGWstw.AG
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CWATERLINE REIMBURSEMENT AGREEMENT
between
SOUTHERN CALIFORNIA GAS COMPANY
and
CITY OF SAN LUIS OBISPO
THIS AGREEMENT is made and entered into this
day of , 1992, by and between the
CITY OF SAN LUIS OBISPO, a chartered municipal corporation of
the State of California, hereinafter referred to as "City, "
and SOUTHERN CALIFORNIA GAS COMPANY, a California corporation,
hereinafter referred to as "Developer."
WITNESSETH
WHEREAS, a condition of the construction of
Developer's new maintenance facilities at 750 Industrial Way
(unincorporated territory) required the construction of 830
linear feet of 12-inch public water main (City) between Broad
Street (State Highway 227) and the easterly property line of
Developer's site; and
WHEREAS, Developer's property currently is served by
City water under a previous agreement, and
WHEREAS, these public facilities will benefit
properties other than those owned by the Developer; and
WHEREAS, City regulations provide for reimbursement
to developers as prescribed in Chapter 16.44.091 of the
Municipal Code and Resolution No. 5906 (1986 Series) ; and
WHEREAS, the City has approved the installation of
these public improvements per plans approved by the City
Engineer and Utilities Engineer.
NOW, THEREFORE, in consideration of the above, the
City and Developer agree as follows:
1. The City shall pay Eight Dollars ($8.00) per
linear foot of water main to Developer for oversizing from
eight-inch to twelve-inch diameter pipe upon completion and
acceptance of the main per Resolution No. 5906 (1986 Series)
. (830 LF x $8.00 = $6,640.00) upon inspection and approval of
the water main.
2. The Developer shall submit a certified
statement showing the actual cost of the water main extension.
01002092.doc
0910
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3. The City will collect charges for direct water
service connections for adjacent properties, based upon an
eight-inch main, as indicated on the Reimbursement Map and
Rate Sheet attached hereto and marked "Exhibit All, and
incorporated by reference herein. Said charges shall be based
on a proportion of the actual cost of the main and fire
hydrants, as determined by the City Engineer.
4. The Developer shall be eligible for a refund
for a period up to fifteen (15) years from the above date. No
interest shall be paid on, or accrue on any funds subject to
such refund. Frontage reimbursement shall be made only if, as
and when such connection charges are collected by the City per
Chapter 16.44.091.
5. Disbursements of funds collected by the City
shall be made to:
Southern California Gas Company
Attention: -6."fteric-ft C.T. Saunders -CWF
P. 0. Box 3249, Tre at-AnAex- M.L.20G0
Los Angeles, California 90051-1249
Any funds collected by City and sent to the above name and
address shall be deemed to have been properly reimbursed by -°-\
the City. The City will not attempt nor be required to mail }
the funds collected to any party other than listed above
unless the City is notified in writing of any change in the
name or address.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
CITY OF SAN LUIS OBISPO SOUTHERN CALIFORNIA GAS COMPANY,
a California corporation
By: Z,/ W
Mayor W.R. Goulden
Title: Staff Supervisor �f��
ATTEST:
By:
Title: _
City Clerk
01002092.doc
0910
APPROVED AS TO FORM:
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ALL-PURPOSE ACKNOWLEDGMENT NO 209
State of CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
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before me, 1 , - TITL )
ATE NA- TITLE OF 04k•EG.,VANE DO .NOT Y PUBLI
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pers ally appeared /t/ ' ❑ ATTORNEY-IN-FACT
NAMES)OF SIGNERS) ❑ TRUSTEE(S)
rsonally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed ❑ OTHER:_.
OFRCIAL SEAL the same in his/her/their authorized
YOLANDA E PINEDA capacity(ies), and that by his/her/their
`• Notary Public-COVOIT110 signature(s) on the instrument the person(s),
e LOS ANGELES COUNTY or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
My ay 30. 1 �'�E> NAMEOF-PER$C1J1(5)OR EN
MTIg(fES) /
..,,,,... nnQy 30, 1995 acted, executed the instrument.
Witness my hand official s
SIGNAT AF.N Y
ATTENTION NOTARY:Although the information re e d below is OPTIONAL,k could prevent fraudulent attach of this certificate to.unauthorized document.
THIS CERTIFICATE Title r ype of Document/� 2 Q�xte i�ir�Irs/L� 2
MUST BE ATTACHED Nu er of Pages �� Date of Document
TO THE.DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above
6 1891 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.-P.O.Box 7194•Canoga Park CA 9130471
08/25/92 13:46 $805 54.1 4609 RRH DESIGN GROUP 2005
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EXHIBIT A (Sheet 2 of 2)
REIMBURSEMENT RATE SHEET
WATERMAIN EXTENSION IN INDUSTRIAL WAY, EASTERLY OF BROAD STREET,
FOR SOUTHERN CALIFORNIA GAS COMPANY MAINTENANCE FACILITY
A. Total Cost of Watermain $ 42, 676. 00
B. Less $ 8.00/lf x 830 ft -61640.00
(City oversizing contribution)
C. Net Cost of Watermain (A - B) 36, 036. 00
D. Reimbursable Portion (C/2) $ 18, 018.00
E. Assessable Frontage 763 LF
(Pcl A per 2 PM 83)
F. Rate (D/E) $ 23. 61/LF
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