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HomeMy WebLinkAbout05/18/1993, C-11 - REIMBURSEMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS CO. yp ' IIIry�INII�InIIn� I J MEETING DATE: II II����ui►��I�� 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. I CONCURRENCES: I i The City Attorney and Acting Utilities Director concur with the recommended action. Attachments: 1 - Agreement 2 - Vicinity Map i G:-.Misc%SCGWstw.AG i I A// 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 i 2 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: CI A 67TI ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) Lle C of ,e ORPORATE - ���® / q OFFICER(S) TT before me, 1 , - TITL ) ATE NA- TITLE OF 04k•EG.,VANE DO .NOT Y PUBLI �f� ❑ PARTNER(S) 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 90 L4 o S• ``.�y ow • o C •{ 4 W ti 04 a do ti E• dc H i7 Z M b A U • a yQ 7i k� 0. 0 Qk vos , . J v' .. '%.:p ° Z 9 -Art - • 1 �� A_11 _ 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 B:\Jerry\SCGReim.wp 611-7 X31 �rlL• H4Nb1UNT $ NUR ZIS N R GORT UP Fw o51 s T N RI w / w v p ORCUTT 1200 �uoo 700 Boo 900 ,000 h / O yi 0 • H PKced as \\ A\hM\ \c 2N \' TANK FARM ,goo A u YW ,s �\ e� ,000 � y - - � A