HomeMy WebLinkAboutMINUTES - 08061996 - C16 IrCO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: AUGUST 6, 1996
SUBJECT: SOUTHERN CONTRA COSTA JOINT EXERCISE OF POWERS AGREEMENT (SCC
JEPA. PROJECT NO.: 0676-6P4070
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute the Joint Exercise
of Powers Agreement between the County, the City of San Ramon ("City"), and the Town of
Danville ("Town") regarding the funding of regional and subregional road projects in the Southern
Contra Costa County Area.
II. Financial Impact:
There is no financial impact to the County General Fund. The SCC JEPA will provide funding for
the proposed projects through the imposition of developer fees.
III. Reasons for Recommendations and Background:
Southern Contra Costa County will experience significant growth under the current General Plan,
most notably, within the Dougherty Valley area. In order for the transportation infrastructure to
keep pace with the growth of population in the area, the City, Town, and County have prepared
a Joint Exercise of Powers Agreement. The Agreement provides for the three jurisdictions to
assess developer traffic fees to finance transportation projects made necessary by the area
development.
IV. Consequences of Negative Action:.
Failure to execute the SCC JEPA between the City, Town, and County will leave unfunded
projects necessary to mitigate proposed development in tZShCounty area.
Continued on Attachment:_ SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Njo .® g 1996 APPROVED AS RECOMMENDED_OTHER_
VOyE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
ML:ml 1 hereby car*that this Is a true and Correct oo�py of
g:\transeng\SCC JEPA 6.t8 an action taken and entered on the minutea the
Board of SuWn•
ATTESTED:Public Works�E� PHIL BATCHELOR.
ATCHELOR,
Clerk of the board
Contact: Martin Lysons,Tel. 313-2295 of Supervisors and County Adminmaw
cc: F. Scudero,Accountingt
J. Dillon, City of San Ramon ef►
B.Welch,Town of Danville
Cr/w
JOINT EXERCISE OF POWERS AGREEMENT
PERTAINING TO
Southern Contra Costa Fees
for
Traffic Mitigation
BY AND BETWEEN
CONTRA COSTA COUNTY
CITY OF SAN RAMON
TOWN OF DANVILLE
JOINT EXERCISE OF POWERS AGREEMENT
Southern Contra Costa Fee
for
Traffic Mitigation
This JOINT EXERCISE OF POWERS AGREEMENT (the
"Agreement") is entered into this day of , 1996 (the
"Effective Date") between the COUNTY OF CONTRA COSTA (the
"County"), a political subdivision of the State of California, the City of
San Ramon (the "City"), a municipal corporation duly organized and
existing under the laws of the State of California, and the Town of
Danville (the "Town"), a municipal corporation duly organized and
existing under the laws of the State of California. The City, Town, and
County may be referred to collectively as the "Parties."
RECITALS
This Agreement is based on the following facts and circumstances:
A. Southern Contra Costa (SCC) Development Area. There exists in Contra
Costa County a geographical area comprising the San Ramon Valley, Tassajara Valley
and Dougherty Valley. The San Ramon Valley and Dougherty Valley contain the City,
Town, and portions of the County. The approximate boundaries of the SCC Development
Area are shown on the map attached as Exhibit "A."
B. Dougherty Valley Development. There is an approved development in the
County portion of Dougherty Valley that includes the Shapell project and the Windemere
project. These two projects combined are approved for 11,000 residential units with the
first 8,500 residential units covered by this Agreement. The remaining 2,500 units shall
be constructed only after additional traffic studies are completed. The project approvals
include between 300,000 and 600,000 square feet of commercial space spread throughout
the Dougherty Valley Development. The location of these two projects are shown on the
map attached as Exhibit "C." The Shapell and Windemere projects are referred to
collectively as the "Dougherty Valley Developments."
C. Other Development. There exist other properties outside of Dougherty Valley
and within the City, Town, and County anticipated to be developed during the duration of
this Agreement. The exact location and/or extent of these developments is not fully known
at this time. These developments combined are estimated to contain 1,500 residential
units, 170,000 square feet of commercial space, and 80,000 square feet of office space.
This other development shall be referred to in this Agreement as "Other Developments."
The area that contains these Other Developments is referred to as the "SCC Sub-Regional
Fee Area" and is shown on the map attached as Exhibit "D."
Page 2 of 17
D. Regional Development. The City, Town, and County have identified regional
(1-680 freeway) improvement projects which are listed in Section 7 of this Agreement. The
SCC Regional Fee assesses all new development throughout the SCC Development Area
a fee to finance a portion of these improvements. The approximate boundaries of the SCC
Development Area are shown on the map attached as Exhibit "A." "Regional-only
Development" is development in an area within the SCC Development Area and outside
both the Dougherty Valley Development area and the SCC Sub-Regional Fee Area.
E. Impact of Development. The Dougherty Valley Developments are approved
for phased development of 11,000 units to be completed by approximately 2010. The
exact timing and location of the Other Developments are not known at this time. The
Dougherty Valley Developments are initially expected to create 8,500 new residential
units. The traffic impact from the new residential units will adversely impact the quality of
life for the existing residents of the surrounding City, Town, and County unless those
impacts are mitigated by off-site street improvements.
F . Traffic Impact Mitigation and Improvements. An Environmental Impact
Report (EIR), including a traffic study, has been prepared and certified by the County for
the Dougherty Valley Developments. A project list of public improvements necessary to
mitigate the Dougherty Valley Developments was included in the EIR. Following approval
of the Dougherty Valley Developments, a lawsuit was filed by the Town and City against
the County regarding the approval of the Dougherty Valley Developments. The Town,
City, and County have mutually agreed upon a settlement agreement which is based on
a second traffic study and revised project list (South County Traffic Study, 1994). Included
in the settlement agreement are traffic mitigations based upon the revised project list. A
list of the projects and their estimated cost are attached as Exhibit "B" and are collectively
referred to in this Agreement as "the Improvements."
G. Annexation Proposed. The City proposes to annex portions of the Dougherty
Valley Development as phases are completed and an adequate funding mechanism is
established. The development applications for the Dougherty Valley Developments have
been processed and approved by the County. The County will review the improvement
plans for each phase and, as appropriate, issue building permits.
H. Collection and Use of Improvement Fees. The Parties intend and agree that
the traffic mitigation fees collected from the Dougherty Valley Developments and the Other
Developments shall fully fund the Improvements listed in Exhibit "B" as C-1 and C-2
projects, and partially fund the Improvements listed in Exhibit "B" as C-3 projects. The
Parties shall collect fees for the Improvements on an equitable basis. The Parties shall
use the fees collected in a coordinated manner to finance and construct the Improvements.
The purpose of this Agreement is to implement the collection and use of the improvement
fees to construct the Improvements. These traffic mitigation improvement fees will be
referred to as the "Southern Contra Costa Fees" or the "SCC Fees."
Page 3 of 17
NOW, THEREFORE, the Parties agree:
1. Parties.
The parties to this Agreement are City, Town, and County.
2. Definitions.
a. 'Dwelling Unit" means a separate living space for one family. The term does
not include a second unit within the meaning of Government Code Section 65852.2
or the alteration or enlargement of an existing dwelling unit.
b. "Dougherty Valley Developments" refers collectively to the Shapell and
Windemere projects located within the County portion of Dougherty Valley.
C. "Other Developments" refers collectively to developments located within the
SCC Sub-Regional Fee area as designated in Exhibit A and outside of Dougherty
Valley.
d. "Regional-only Development" is development in an area within the SCC
Development Area and outside both Dougherty Valley and the SCC Sub-Regional
Fee Area.
e. "Improvements" refers to those public improvements required to mitigate
traffic impacts of the Dougherty Valley Developments as identified in the Settlement
Agreement and consists of those projects listed in Exhibit"B." "Improvement" refers
to one or part of one of the projects listed in Exhibit "B."
f. "Land Use Entitlement" means a permit or approval granted for the
development of property and includes a subdivision map approval, land use permit,
development plan approval, grading permit, building permit, and architectural or
design review approval.
g. "Settlement Agreement" refers to the "Agreement to Settle Litigation Relating
to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental
Impact Report," an agreement executed by the Town, City, and County in May,
1994. A list of traffic mitigation projects is included as part of the Settlement
Agreement and attached to this Agreement as Exhibit "B." The traffic mitigation
projects are listed as C-1 projects (to be paid for in full by the Dougherty Valley
Developments), C-2 projects (to be paid in full by Dougherty Valley Developments
and Other Developments), and C-3 projects (the "Danville Mitigation" projects) in
the Settlement Agreement and in Exhibit "B."
h. "Southern Contra Costa Fees" and "SCC Fees" refer to fees imposed by the
City, Town, and County on development within the SCC Development Area. The
SCC Fees include the Dougherty Valley Fee, the SCC Sub-Regional Fee, and the
SCC Regional Fee.
Page 4 of 17
i. "SCC Regional Fee" refers to the category of SCC Fees that is dedicated to
area freeway improvement projects, in accordance with Measure C. The project list
for the SCC Regional Fee is in Section 7 of this Agreement.
j. "SCC Sub-Regional Fee" refers to the category of SCC Fees that is
dedicated to local road improvements that mitigate Dougherty Valley developments
and Other Developments. The projects to be funded by this fee are listed as "C-2"
and T-3" projects in the Settlement Agreement and in Exhibit "B."
k. "S-1 Fee" refers to the category of fee that is dedicated to funding roadway
system improvements that mitigate the Shapell development within Dougherty
Valley (such improvements shall be referred to as "S-1 projects"). These
improvements are to be funded entirely by the Shapell development.
The S-1 Fee is a sub-category of the Dougherty Valley Fee. It will be collected as
part of the Dougherty Valley Fee, and will be placed in the SCC Sub-Regional Fee
trust fund. Funds will be withdrawn from the Sub-Regional Fee trust fund as
needed to construct the S-1 projects.
I. "W-1 Fee" refers to the category of fee that is dedicated to funding roadway
system improvements that mitigate the Windemere project within Dougherty Valley
(these,improvements shall be referred to as "W-1 projects"). These improvements
are to be funded entirely by the Windemere project.
The W-1 Fee is a sub-category of the Dougherty Valley Fee. It will be collected as
part of the Dougherty Valley Fee, and will be placed in the SCC Sub-Regional Fee
trust fund. Funds will be withdrawn from the Sub-Regional Fee trust fund as
needed to construct the W-1 project.
M. "Danville Mitigation Fee" refers to a portion of the Dougherty Valley Fee
($200 per unit) that will partially fund construction mitigation projects (overlays and
soundwalls)within the Town. These projects are listed in the Settlement Agreement
and in Exhibit "B" as C-3 projects.
n. "Dougherty Valley Fee" refers to the category of fee that will be charged only
to developments within the Dougherty Valley. The Dougherty Valley Fee includes
the Danville Mitigation Fee, the S-1 Fee (for the Shapell project), the W-1 Fee (for
the Windemere project), and the Dougherty Valley developments'fair share (pro
rata share determined by the South County Traffic Study) for sub-regional
improvements (the C-1 and C-2 subregional projects).
o. "Single Family Unit" refers to a detached building designed for occupation
as the residence of one family.
Page 5 of 17
p. "Multi Family Unit" refers to a building or part thereof designed and used
exclusively as a dwelling unit among other dwelling units, either on the same parcel
(e.g., apartments and mobile home parks) or under separate ownership (e.g.,
townhomes, duplexes, or duets).
q. "Office" refers to developments.for the purpose of housing non-commercial,
non-manufacturing businesses.
r. "Commercial" refers to developments for the purpose of retail and wholesale
sales of merchandise and services.
S. "Underlying jurisdiction" refers to the party to this Agreement in whose
territory a specific project lies.
3. Collection of Southern Contra Costa (SCC) Fees.
Each party agrees to collect the appropriate Southern Contra Costa (SCC) Fee a
development located within the SCC Development Area which receives a land use
entitlement from that party. The amount of that fee is described in Section 11.
To accomplish the collection of fees, each party agrees:
a. to adopt the necessary ordinance(s) and/or resolution(s) to authorize the
collection of the SCC Fees within its jurisdiction; and
b. to impose a condition of approval upon each development which states
substantially the following:
The project developer shall be required to pay the SCC Fees to the [City,
Town, or County] prior to issuance of building permits for the project.
4. Southern Contra Costa (SCQ) Fees Trust Fund Accounts.
Each party shall place the fees collected under Section 3 in an interest-bearing individual
trust fund account to be used specifically for the SCC Fees. The deposits in each account
shall be invested in the same manner as other funds of the party. For investment
purposes the funds may be pooled with other funds as long as separate accounting is
maintained and the SCC Fees trust fund accounts are credited with the investment
earnings.
5. Joint Accounting.
Semiannually, on April 1 and October 1 of each year, the Parties shall exchange
information regarding the fees collected and investment earnings in each party's SCC
Fees Trust Fund account. The information shall be shared in a form and manner to be
subsequently agreed to by the Parties.
Page 6 of 17
Within 30 days after the information is exchanged, the Parties shall transfer funds among
themselves from one party's SCC Fees Trust Fund account to another, as appropriate,
based upon the distribution provisions set forth in Section 14.
6. The Southern Contra Costa Fees.
The Southern Contra Costa Fees (SCC Fees) consists of three components: the regional
fee ("SCC Regional Fee"), the sub-regional fee (SCC Sub-Regional Fee), and the
Dougherty Valley Fee, which will be charged only to Dougherty Valley Developments.
7. The SCC Regional Fee.
The regional fee shall be used to fund a portion of the costs of three projects:
1. Improvements to the 1-680 ramps at Alcosta Boulevard
2. Auxiliary lane along 1-680 from Diablo Road to Bollinger Canyon Road
3. Improvements to the 1-680 ramps at Stone Valley Road
If, during the life of this JEPA, another regional fee (e.g., the TVTC fee) is adopted, the
SCC Regional Fee will be adjusted to avoid double-charging developments for any
projects that are both on the SCC list and on the subsequently adopted regional fee project
list. Below is a summary of the SCC Regional Fees.
SCC Regional Residential Fee: $792 per single family residential unit
SCC Regional Commercial Fee: $0.79 per square foot gross floor area
SCC Regional Office Fee: $1.27 per square foot gross floor area
8. SCC Sub-Regional Fee.
The SCC Sub-Regional Fee shall be used to fund projects in the SCC Sub-Regional Fee
Area (within the City, Town, and County). These projects are listed in Exhibit "B" of this
document and in the Settlement Agreement as "C-2" and "C-3" projects. Below is a
summary of the SCC Sub-Regional Fees.
SCC Sub-Regional Residential Fee: $2,128 per single family residential unit
SCC Sub-Regional Commercial Fee: $2.13 per square foot gross floor area
SCC Sub-Regional Office Fee: $3:41 per square foot gross floor area
9. Dougherty Valley Fee.
The Dougherty Valley Fee will include the Danville Mitigation Fee, the S-1 Fee (for the
Shapell project), the W-1 Fee (for the Windemere project), and the Dougherty Valley
Development's fair share (pro rata share determined by the South County Traffic Study)
Page 7 of 17
for sub-regional improvements (these projects are C-1 and C-2 projects in the Settlement
Agreement and in Exhibit "B").
Danville Mitigation Fee: $200 per Dougherty Valley residential unit
S-1 Fee: $937 per Shapell residential unit
Fair Share of C-1 & C-2: $2,009 per Dougherty Valley residential unit
10. W-1 Fee.
The W-1 Fee shall be collected from the residential portion of the Windemere project in
the Dougherty Valley to pay for the construction of Windemere Parkway when needed.
Funds collected as W-1 Fees shall be placed in a Construction Project Deposit Trust Fund
(Fund No. 8198), to be used by the developer to construct Windemere Parkway when
needed. When conditioned to construct Windemere Parkway, the developer shall post a
bond for the project. Once the project is bonded, the developer shall be allowed to
withdraw the W-1 Fee funds to finance the construction of the Windemere Parkway.
The W-1 Fee shall be as follows:
Fee Units Total
Phase 1, Multi-family $750/unit 1285 $ 963,750
Phase 1, Single-family $1,250/unit 1000 $ 1,250,000
Phase 2 $1,800/unit 950 $ 1,710,000
Phase 3 $2,000/unit 1000 $ 2,000,000
Phase 4 $2,000/unit 935 $1,870,000
Total W-1 Fees collected: $ 7,793,750
The W-1 Fee shall be incorporated into the Dougherty Valley Fee for the Windemere
project.
11. SCC Fee Amount and Time of Payment.
The applicability of the SCC Fees on development within the SCC Development Area will
depend upon the location of the development. Dougherty Valley Development will pay the
Dougherty Valley Fee and SCC Regional Fee. Other Development will pay the SCC Sub-
Regional Fee and SCC Regional Fee. Regional-Only Development will pay only the SCC
Regional Fee. Below is a summary of the applicable SCC Residential Fees to each
development area as defined by this Agreement.
Page 8 of 17
Dougherty Valley
Develo ment Other Develo ment
Shapell Windemere County City Town
SCC Regional $792 $792 $792 $792 $792
Fee
SCC Sub- N/A NIA $2,128 $2,128 $2,128
Regional Fee
Dougherty Valley $3,146* $3,717** N/A N/A N/A
Fee
TOTALS $ 3,938 $ 4,509 $ 2,920 $ 2,920 1 $ 2,920
*The Dougherty Valley Fee for the Shapell project includes$937 per unit for the S-1 projects.
**This is the average SCC Dougherty Valley Fee for the Windemere project including the phased W-1 Fee.
The W-1 Fee will increase as noted in the table in Section 10.
The SCC Fees shall be collected prior to the issuance of a building permit.
12. SCC Fee Adjustments.
The amount of each SCC Fee (Dougherty Valley Fee, SCC Sub-Regional Fee, and the
SCC Regional Fee) may be adjusted by a written addendum to this Agreement signed by
the Parties, provided that the adjustment is not in conflict with the terms of the Settlement
Agreement.
On March 1 of each year that this Agreement is in effect, each party shall adjust the fee
for each land use set forth above for inflation. The adjusted fees shall be the amounts in
effect for the preceding calendar year, increased or decreased by the amount of the
change in the Engineering News-Record Construction Cost Index for the San Francisco
Bay Area for the period ending December 31 of the preceding fiscal year. On March 1 of
each year this Agreement is in effect, each party shall increase the amount of each of the
fees set forth above over the amounts in effect for the preceding calendar year by an
amount determined necessary for any significant changes in State or Federal construction
requirements.
13. Administrative Costs.
The total funds to be collected by the SCC Fees shall include a 1% increase over the total
cost of the projects to be constructed under this Agreement to cover the administrative
costs of the Agreement.
Page 9 of 17
14. Fund Distribution.
The parties agree to the following semi-annual distribution of the funds collected by the
SCC Fees:
a. SCC Regional Fees: after withholding 1% of each fee for administrative
costs, SCC Regional Fees will be distributed to the Parties as follows:
City shall receive 19.6%
Town shall receive 73.5%
County shall receive 6.9%
b. SCC Sub-Regional Fees: SCC Sub-Regional Fees will be distributed to the
Parties in accordance with the following table:
Sub-Regional Residential Fees Collected/Building Permit Issued in:
City Town Count
City $1,359 (63.9%) $404 (19%) $1,338 (62.9%)
receives
Town $1,596 (75%)
receives
County $769 (36.1%) $128 (6%) $790 (37.1%)
receives
Total $2,128 $2,128 $2,128
Sub-Regional Commercial Fee: $2.13 per square foot gross floor area
Sub-Regional Office Fee: $3.41 per square foot gross floor area
All the identified commercial and office development in the SCC Sub-
Regional Fee Area are located in the City. The following fee distributions the
SCC Sub-Regional Commercial and Office Fees include the 1% the City is
to withhold to cover the costs of fee collection and quarterly disbursement.
SCC Sub-Regional Commercial Fee:
City receives $1.36 per square foot gross floor area
County receives $0.77 per square foot gross floor area
TOTAL Fee $2.13 per square foot gross floor area
SCC Sub-Regional Office Fee:
City receives $2.17 per square foot gross floor area
County receives $1.24 per square foot gross floor area
TOTAL Fee $3.41 per square foot gross floor area
Page 10 of 17
C. Qougherty Valley Fees for the Shapell Development: Dougherty Valley Fees
will be distributed to the parties in accordance with the following:
For each residential traffic mitigation fee of $3,146 collected from the
Shapell development for the Dougherty Valley Fee,
City receives $ 2,600
Town receives $ 267
County receives $ 279
TOTAL $ 3,146
For each residential traffic mitigation fee collected from Windemere
development for the Dougherty Valley Fee, the distribution will be as follows:
Phase and TOTAL Town City County
Land Use W-1 Fee Dougherty receives: receives: receives:
Valley Fee
Phase 1 $ 750 $2,959 $267 $1,670 $1,022
Multi Family
Phase 1 $1,250 $3,459 $267 $1,670 $1,522
Single
Family
Phase 2 $1,800 $4,009 $267 $1,670 $2,072
Residential
Phase 3 $2,000 $4,209 $267 $1,670 $2,272
and 4
Residential
For traffic mitigation fees collected from Windemere development or Shapell
development for commercial development within Dougherty Valley, the fees shall be
distributed as follows:
City receives $1.57 per square foot gross floor area
Town receives $0.28 per square foot gross floor area
County receives $0.36 per square foot gross floor area
TOTAL Commercial Fee $2.21 per square foot gross floor area
d. In the event of an incorporation into the City or Town of a development that
encompasses a project listed in the Settlement Agreement, the fund
distribution shall be adjusted, and any SCC fees previously collected for that
project shall be transferred to the incorporating party.
Page 11 of 17
l
15. Construction of the Improvements.
a. City, Town, and County shall use the funds disbursed under Section 14 only
for the design, environmental review, construction contract, and related costs
of the projects listed in Exhibit "B." It is the intention of the Parties that the
projects listed in Exhibit "B" shall be completed as needed to satisfy the
Growth Management and Congestion Management Program requirements.
If a project crosses jurisdictional boundaries, the Parties shall make every
effort to coordinate the projects between jurisdictions. A copy of each party's
current project priority list should be transmitted to the other parties with the
March 1 disbursement of funds.
b. Upon acceptance of an Improvement, the ownership and responsibility for
maintenance of the Improvement rest with the party having jurisdiction over
the area containing the Improvement.
16. Growth Management and Conaestion Management Program Requirements.
The Parties agree to meet and develop a Capital Improvement Plan (CIP) based upon
each party's priority list and the projected fee revenue for the duration of the Agreement.
An initial CIP shall be included in this Agreement by amendment within six months of the
effective date of this Agreement. The parties shall review said CIP annually and make
necessary adjustments by amendment. Updates to the CIP shall be based upon the new
priority lists and projected income of each jurisdiction.
17. Reimbursement for Developer-Constructed Protects.
If a developer elects, or is required as a condition of approval for development, to
construct one or part of one of the Improvements, the developer shall be eligible to receive
reimbursement or credit toward the appropriate SCC Fee.
Credit: A credit is considered to be a portion of the SCC Fee that the developer will be
relieved of paying in exchange for the construction of one or part of one of the
Improvements. The developer shall pay the full Fee amount to the collecting jurisdiction
(i.e., the jurisdiction in which the development lies). After the ensuing semi-annual review
(see Section 5), the Parties will distribute the fees in accordance with the provisions of
Section 14. The underlying jurisdiction (i.e., the jurisdiction in which the subject road
improvements are constructed) will issue the credit for the road improvements to the
developer once it has received its share of the semi-annual fee distribution. The credit
received by the developer shall be limited to the lesser of:
1. the underlying jurisdiction's share of the road fee obligation required by this
Agreement or
2. the "eligible cost" for the Improvement as determined by the underlying
jurisdiction.
Page 12 of 17
For example, if a Dougherty Valley developer elects to construct a C-2 project in the City
(the underlying jurisdiction) as a mitigation for its development, the development would pay
its full Dougherty Valley Fee to the County (the collecting jurisdiction). After the next semi-
annual review, the County would disburse the appropriate share of fees to the City. Credit
would then be issued by the City to the developer.
Reimbursement: If the eligible cost of an Improvement to be built by the developer is
greater than the amount credited, the underlying jurisdiction and the developer shall enter
into a reimbursement agreement prior to the commencement of construction of the
Improvement.
Reimbursement will begin at the time additional funds become available to the underlying
jurisdiction for the Improvement constructed by the developer. Reimbursements will be
made at the end of each fiscal quarter, with July 1 being the beginning of the fiscal year.
The underlying jurisdiction reserves the right not to make a quarterly payment if the
amount of available funds in the appropriate SCC Fee trust fund account is less than the
total of all the reimbursements owed. In such cases, the underlying jurisdiction may
choose to pay some lesser amount for each agreement than is owed in a quarter based
on the ratio of the amounts owed for each agreement for that quarter to the total owed that
quarter. A minimum fund balance of$50,000 in each jurisdiction will be maintained each
quarter after all reimbursements are made.
The amount of each quarterly payment will depend on the fund balance, on the amount of
fees collected and available for reimbursement, and on all other terms listed herein. A
developer could therefore be reimbursed in one quarter and not reimbursed in another
quarter because of the construction of an Improvement by the County, City, or Town. No
interest shall be paid on the outstanding balance due to the developer. Interest shall be
used for construction of Improvements or Agreement administration costs.
Reimbursement agreements shall remain in effect until paid in full. The first quarter shall
be the one following the quarter in which the underlying jurisdiction accepts the
constructed road improvements as complete.
Costs eligible for credit or reimbursement: Only those road improvements identified
in Exhibit"B" are eligible for credit or reimbursement. Some improvements (such as curbs,
gutters, paths, sidewalks, drainage facilities, fences, and soundwalls) which are located
along the property frontage of the development are not eligible for credit or reimbursement
unless explicitly identified as part of an Improvement identified in Exhibit "B." Credit or
reimbursement is limited to the amount estimated for the Improvement and used in the
calculation of the SCC Fees.
The determination of the "eligible costs" for credit or reimbursement will be based on at
least three independent bids for the Improvement. The developer shall submit said bids
to the public works department of the underlying jurisdiction for review and concurrence.
Upon the department's concurrence with the bids, the lowest acceptable, verifiable bid
shall be the basis for determination of the credit and/or reimbursement amount. The
eligible amount shall not exceed the estimated cost of the Improvement used in the
Page 13 of 17.
calculation of the SCC Fee and listed in Exhibit "B." The underlying jurisdiction shall
reserve the right to reject the developers' bids or any other proposed value for said
"eligible costs" and to calculate said costs using the bond estimate prices.
Offsite right of way acquisition costs shall be eligible for credit or reimbursement of the
SCC Fee, except that the cost of any right of way work performed by the underlying
jurisdiction (e.g., negotiation, right of way condemnation, etc.) shall be subtracted from the
amount eligible for credit or reimbursement. Right of way for an Improvement that is
dedicated by the developer will not be eligible for credit or reimbursement unless the right
of way take is greater on the developer's side of the road than on the other side of the
road, resulting in an excessive take. In such cases, the amount of reimbursement allowed
shall be determined by the underlying jurisdiction.
Any extra work or change orders, either required by the Parties or determined necessary
by the developer, must be agreed to in writing by the developer and the underlying
jurisdiction to be included in the credit or reimbursement amount. Work performed by the
developer prior to execution of a written credit and/or reimbursement agreement between
the underlying jurisdiction and the developer shall not be eligible for credit or
reimbursement.
Utility Relocation Costs: The developer shall be responsible for utility relocation costs
for projects along the frontage of his development. Any offsite Improvement will be
considered a County, City, or Town project and the underlying jurisdiction will require the
utility companies to relocate the utilities at their cost.
Administrative Costs: The total amount of funds eligible for credit or reimbursement
under each agreement shall be reduced by 1% to cover the administrative costs of the
reimbursement agreement.
18. Independent Planning Action.
Nothing in this Agreement shall have any bearing on the determination of which party will
process a development application for any of the developments. Further, nothing in this
Agreement shall have any bearing on the determination of how many dwelling units or how
much non-residential space may be permitted or the nature of the development to be
approved by the party having jurisdiction over a particular development.
19. Amendments.
This Agreement may be amended at any time by an amendment mutually executed by the
City, Town, and County. Such amendments shall be approved by the governing board or
council of each party.
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20. Existing Area of Benefit Proarams.
The SCC Fee generates revenue to fund improvements mitigating impacts attributable to
the Dougherty Valley and Other Developments; it is not intended to replace existing areas
of benefit.
The parties agree to amend their existing area of benefit programs to eliminate any
duplication of projects between their existing areas of benefit and this Agreement. Each
party shall be responsible for amendments to their own area of benefit project lists and
shall hold the other parties harmless in the event of liability arising from the failure to
amend the project list for its own area of benefit.
21. Indemnification and Hold Harmless.
Each party to this Agreement shall defend, indemnify, including for attorneys' fees and
costs, save, and hold harmless the other parties, their boards or councils, officers, agents,
and employees from any and all claims, demands, suits, costs, expenses, or liability for
any damages, injury, sickness, or death, including liability for inverse condemnation,
nuisance, or trespass, arising directly or indirectly from, or in any way connected with, the
design, construction, installation, inspection, operation, maintenance, or repair of those
road improvement projects located within the indemnitor's jurisdiction.
Nothing in this section is intended to affect the legal liability of any party to third parties by
imposing any standard of care different from the standard of care imposed by law.
Nothing in this section is intended to affect the provisions of Government Code Section
57325 as to territory annexed subsequent to the execution of this Agreement.
A party is not liable to another party for the inadvertent failure or legal inability to collect
a fee.
22. Insurance.
For the design and construction of road improvement projects within their respective
jurisdictional boundaries, the Parties to this Agreement shall cause all contract documents
for such work to include provisions requiring the consultant or contractor: (1) to name all
Parties to this Agreement, their boards or councils, officers, agents, and employees as
additional insureds under any insurance provided by the consultant or contractor; (2) to
provide to all Parties to this Agreement a certificate or certificates of insurance evidencing
such coverage and to provided at least 30 days' written notice of lapse, cancellation, or
other termination of coverage; and (3) to promise to defend, indemnify, including for
attorneys' fees and costs, save and hold harmless all Parties to this Agreement, their
boards or councils, officers, agents, and employees from any loss, damage, injury, death,
claim, or demand connected in any way with the work or services performed by the
consultant or contractor, the consultant's or contractor's subcontractors, or anyone under
the consultant's or contractor's direction or control. If more than one consultant or
Page 15 of 17
contractor is employed, the term "consultant" or "contractor" shall refer to all consultants
and contractors employed by the Parties to this Agreement.
23. Term of Agreement.
With the exception of Section 21 (Indemnification and Hold Harmless), which shall remain
in effect in perpetuity, this Agreement shall remain in effect from the Effective Date in the
opening paragraph until:
a. the projects listed in Exhibit "6" have been constructed, and
b. the last phase of the Dougherty Valley Developments has been built out.
24. Attorneys' Fees.
If legal action is necessary to enforce this agreement, the prevailing party is entitled to
reasonable court costs and attorneys' fees.
25. Powers.
The powers of this Agreement shall be exercised subject to the restrictions upon the
exercising of such powers by the County, as provided in Section 6509 of the Government
Code.
26. Sole Agreement.
This Agreement is the sole agreement on the subject matters of this Agreement between
the parties. However, nothing contained herein shall supersede or amend any provision
of the Settlement Agreement.
Page 16 of 17
27. Sianatures.
This Agreement may be signed in counterparts with the signature pages attached to form
a complete document.'
APPROVED BY:
COUNTY OF CONT OSTA
By: F/p a oved b un el
n
d.--���`
Attest:
Clerk of the Boar of Supervisors
CITY OF SAN RAMON
By: Form approved by Counsel
&�� Awn-,- f 'lr .
Attest:
City Clerk
TOWN OF DANVILLE
By: Form approved by Counsel
Attest:----yy� `
Town Clerk
g:\TransEng\SCC JEPA.t8
August 5,1996
Page 17 of 17