HomeMy WebLinkAboutMINUTES - 09282004 - C.13 0* 13
TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE SHIU, CHIEF ENGINEER
HATE: September 28, 2004
SUBJECT: Approve a Reimbursement Agreement between the Contra Costa County Flood Control and Water
Conservation District and KB Home for Subdivisions 7219 and 7220 in Drainage Area 56,Antioch
area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION(S):
APPROVE a reimbursement agreement in the amount of $26,042.41 between the Contra Costa County
Flood Control and Water Conservation District and KB Home(Developer),effective September 28,2004
through September 2014 or until reimbursed,as stated in Exhibit"A,"and AUTHORIZE the Chair of the
Board to execute the agreement on behalf of the District.
II. FISCAL IMPACT:
Future drainage fees will be obligated to payment of the reimbursement from Drainage Area 56 funds.
Continued on Attachment: X SIGNATURE:
::COMM-ENDATION OF BOARD COMMITTEE
:A PROVE ER
TURE
ACTION OF BOA SEPTEMBER 28, 2004 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE )
AYES: NOES: I hereby certify that this is a true and correct copy of an
ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: SEPFEMIBER 28, 2004
xw:cw
JOHN SWEETEN, Clerk of the Board of Supervisors
G:\GrpDara\F1dCtl\Administration�Board orders\2004 BaacimbAgrnK-Sub 7229&7220.doc and County Administrator
Orifi.Div: Public Works(Flood.Control)
Contact: Hannah Wong(925)313-2381
«: CAO By Q ,Deputy
County Cotutsot
SUBJECT: Approve a Reimbursement Agreement between the Contra Costa County Flood Control and Water
Conservation District and KB Horne for Subdivisions 7219 and 7220 in Drainage Area 56,Antioch
area. (District V)
DATE: September 28, 2004
PAGE: 2
III. BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
The Developer has been required to construct drainage area improvements at a cost that exceeds the amount
of drainage fees required to be paid by the Developer under the terms of the drainage fee ordinance. The
Developer is entitled to a full reimbursement of the excess costs as provided for in the drainage area credit
and reimbursement policy.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Non-approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy.
S
EXHIBIT "A"
DRAINAGE AREA CREDIT AND REIMBURSEMENT POLICY
Adopted June, 1.989
Revised December 1999
The following policy adopted by the Board of Supervisors,
as the governing body of the Contra Costa County Flood
Control and Water Conservation District, shall be used to
determine credits and reimbursements as provided for i n
various Drainage Area Fee Ordinances .
I . Definitions :
1 . Drainaae Area Plan: The engineering plan, which shows
and lists the size, length, and location of drainage
facilities adopted Lor a Drainage Area.
2 . Drainaae Area Fee Ordinance: An ordinance adopted for
a Drainage Area specifying the drainage fee necessary
to complete construction of the planned facilities.
3 . Drainage Area Fee Obligation: The drainage fee due on
a development as determined from the Drainage Fee
Ordinance.
4 . Eligible Costs : The cost of installing drainage.
facilities , which are part of the Drainage Area Plan.
S . in-tract Drainage Facilities: Drainage facilities;
required within the limits of the development .
6 . Off--tract Drainage Facilities : Drainage facilities
required outside the limits of the development .
7 . Credit: When a Drainage Fee Ordinance allows
construction of drainage facilities in lieu of the
payment of drainage fees, the eligible construction
casts may be applied as a credit against the drainage
area fee obligation.
S . Reimbursement : Payment to the developer for the
eligible cost of installing drainage area facilities
in excess of the drainage area fee obligation.
1
IT . GENERAL: Installation of drainage f acilities requi red
as a condition of property development can be very
costly, and in many cases benefits other properties
within the watershed. A Drainage Fee Ordinance spreads
the costs of the drainage facilities to all of the:
benefiting properties and ensures, through a system of
fees, credits, and reimbursements, equitable financial
participation.
The drainage fee ordinance creates a fee obligation on
all properties within the Drainage Area. The ordinance
becomes operative upon a request to develop or improve
a parcel of land. The drainage area fee obligation is
limited to the fee due and is payable either in the
form of cash or the installation of a portion of twhe
drainage facilities shown on the adopted drainage
plan.
When a condition of development requires the
construction of drainage facilities with a cost in
excess of the drainage fee obligation imposed by the
fee ordinance., a portion of the excess cost may be
eligible for reimbursement.
TIT . Eligible Costs : A portion of the cost to install
drainage facilities shown on the adopted drainage area
plan may be eligible for credit against the required
drainage fees and for reimbursement of costs in e_xcess
of the drainage fee obligation. Credit or
reimbursement shall be limited to the following
eligible costs :
1 . Actual in-tract and off-tract construction costs
plus a fixed amount of 7 percent of the in-tract
construction cost and 14 percent of the off-tract
construction cost for allowance of miscellaneous
developer' s costs, including contract preparation,
engineering, bonding, etc . Construction costs do
not include utility relocations or the acquisition
of rights of way.
2 . Actual public agency project inspection fees for
only these drainage area facilities shown on the
adopted drainage plan.
2
3 . Actual off-tract utility relocation costs .
4 . Actual off--tract right of way acquisition costs
needed for the installation of drainage area
facilities, provided the developer does not have a
beneficial interest in the off-tract property.
The determination of construction cost will be based
on at least three independent bids . The developer
shall submit said bids to the District for review and
concurrence. Upon District concurrence with the maids,
the lowest bid shall be the basis for determination of
the credit and reimbursement amount .
The District reserves the right to reject the
developer' s bids or any other proposed value of --said
eligible costs and to calculate said costs and the
fixed markups using then current prices .
If the developer elects to install a more costly
drainage system than shown on the adopted drainage
area plan, the District reserves the right to
calculate said eligible costs using the then cur=ent
prices for only the facilities shown on the adopted
plan.
IV. Credit : The developer may apply as a credit toward the
drainage fee obligation the eligible costs to
construct drainage area facilities .
V. Reimbursement :
A. Where the amount of said eligible costs exceed the
drainage fee due, the developer, upon entering into
a reimbursement agreement with the District, shall
be eligible for a percentage reimbursement on the
amount of the eligible costs determined by Sect ion
III above, in excess of the drainage fee due a s
follows :
Off-tract work: 100% (one hundred percent)
In-tract work : 50% (Fifty percent)
Prior to the application of the above percentaLges ,
the eligible costs in excess of the drainage —fee due
shall be prorated between off--tract work and Ln-
tract work in the same proportion as the total
3
_...
eligible cast: for off-tract work and in-tract work
are to the total eligible costs .
B . The reimbursement shall be subject to the follcswing
limitations :
1 . Reimbursements shall be paid only from drainage
fees collected pursuant to a Drainage Fee
ordinance .
2 . If more than one reimbursement agreement is in
effect in a Drainage Area, the reimbursement
payment to each agreement shall be based on the
ratio of each agreement' s original amount to the
total original amount of all outstanding
reimbursement agreements .
3 . The District reserves the right to utilize not
more than 80 percent of the drainage fees
collected annually, on a fiscal year basis, for
the purpose of making reimbursement payments .
4 . Reimbursement payments shall be made quarterly,
except that, during any quarter the District
reserves the right not to make said payments if
the amount of available funds to be disbursed is
less than $5000 . 00 .
5 . Reimbursement agreements shall remain in effect
for a base period of ten years (40 quarters) . The
first quarter shall be the one following the
quarter in which the first reimbursement payment
is made. The developer shall forfeit any
outstanding balance awed at the end of ten gears
if 80% or more of the money has been reimblu=sed.
If at the end of ten years, less than BO% o the
money has been reimbursed, the agreement shall be
extended for another period of five years . If
after a period of five years the developer has
not been reimbursed 80% of the amount due, the
agreement shall be extended for another period of
five years . Any remaining balance owed after
twenty years shall be forfeited.
6 . Reimbursement agreements executed subsequent+ to a
government loan(s) shall have payments
"calculated" using the pro-rata basis of
.4
paragraph B. 2 . above. However, in order to
accelerate repayment of the government loan ( s) ,
the "calculated" payment shall be applied t o
repayment of the government loan (s) , rather than
be disbursed to the subsequent reimbursement--
agreement
eimbursementagreement (s) . Upon full repayment of the
government loan (s) , reimbursement payments shall
commence to the subsequent reimbursement
agreement (s) . The 40 quarter time limit for a
subsequent reimbursement agreement shall not--
start
otstart until the date the first payment is made to
the reimbursement agreement .
STI . Applicability: Upon adoption by a drainage area, this
policy shall be the basis for all subsequent
reimbursement agreements in that drainage area.. This
policy will not alter any reimbursement agreement
executed pursuant to a different policy.
5
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective , 2004,the Contra Costa County Flood Control
and Water Conservation District, a body corporate and politic of the State of California
(hereinafter called"DISTRICT"),and KB Home,(hereinafter called"Developer"),mutually
agree as follows:
2. INTRODUCTION.
A. DEVELOPER has subdivided the property designated as Subdivision 7219 and
Subdivision 7220 within Drainage Area 56. Said development is within the
jurisdiction of the City of Antioch (hereinafter called "AGENCY"). To satisfy
AGENCY's conditions of approval for said development, DEVELOPER built a
portion of the drainage facilities shown on the adopted Drainage Plan for Drainage
Area 56.
B. The cost to install these facilities exceeds the amount of drainage fee required by the
drainage fee ordinance for said drainage area, Ordinance No. 2002-24.
C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said
drainage area.
D. Since DISTRICT has an effective Drainage Plan and a Drainage Area Credit and
Reimbursement Policy for said drainage area,DEVELOPER has requested that the
DISTRICT enter into this agreement with DEVELOPER,pursuant to said policy.
3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount
of fees required by said ordinance, in accordance with the terms of this agreement and the
DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and
Reimbursement Policy for said drainage area, which policy is attached as Exhibit "A," and
made a part hereof by this reference.
4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for
reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and
incorporated herein by this reference.
5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by
this agreement shall be offered for dedication to AGENCY.
Page 1
6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered
by this agreement shall be installed in conformance with the plans and specifications
prepared by DEVELOPER and approved by AGENCY. DISTRICT shall be under no
obligation to perform under this agreement unless the drainage facilities are accepted as
complete by AGENCY.
7. HOLD HARMLESS. DEVELOPER shall defend,indemnify,save and hold DISTRICT,its
governing body,officers,agents and employees absolutely free,clear,and harmless from any
claims, actions, or costs arising from any property and/or rights acquisition which may be
necessary hereunder, or arising from any and all damage to property, injury to persons,
including death, or any other type of liability arising as a result of DEVELOPER`s
installation of the drainage facilities required by the conditions of approval for said
development.
8. NON-RESPONSIBILITY OF DISTRICT. The installation ofdrainage facilities covered by
this agreement is the sole responsibility of DEVELOPER,except for the normal inspection
provided by the AGENCY. DISTRICT assumes no responsibility whatsoever for
construction procedures and methods utilized by DEVELOPER in constructing the drainage
facilities.
9. PAYMENT. Payment terms are set forth in Exhibit"A",except that the first payment shall
not be made until the DEVELOPER submits to DISTRICT acceptable evidence that
DEVELOPER has paid for installation of the drainage facilities covered by this agreement.
10. TERMINATION. This agreement shall remain in effect either(1)for the time as provided in
Section V.B. of Exhibit "A" or (2) until DEVELOPER. has been reimbursed for the total
eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable
evidence ofpayment required by Section 9 shall not result in an extension of the termination
date.
11. NO OTHER RECOI.JRSE AGAINST DISTRICT.
A. This agreement constitutes the total statement of rights between DISTRICT and
DEVELOPER concerning payment or reimbursement for costs of installing the
drainage facilities exceeding the required drainage fees.
Page 2
B. If, after the expiration of the time described in Section V.B. of Exhibit "A",
DEVELOPER has not received the total reimbursement amount,DEVELOPER shall
have no right to further reimbursement by DISTRICT from any drainage fees
thereafter collected by the DISTRICT, or from any other source of DISTRICT
funding.
CONTRA COSTA COUNTY FLOOD CONTROL AND DEVELOPER*
WATER CONSERVATION DIS'-tICT KB Ho
71 By
Chair of/the Board of Supervisors,as governing Name:
body of the Contra Costa Flood Control and
Water Conservation District Title:kP �f
Attest: SEPT. 28, 2004
John Sweeten,Clerk of the Board of Supervisors
and County Administrator And By
Name:
By
epu Clerk I Title:
RECOMMENDED FOR APPROVAL: Taxpayer I.D.#
Maurice M. Shiu
Chief Engineer
*Corporations require two signatures, one by the
President or Vice President,and one by the Secretary or
By t a,: Treasurer. Signatures by DEVELOPER must be
notarized.
APPROVED AS TO FORM:
Silvan B. chesi,
County Co sI 1 r
By e
Exhibit"A"- Drainage Area Credit and Reimbursement
Policy
Exhibit"B" - Calculation of Reimbursement Amount
Page 3
_. .
State of 61�t
County of
On before the
DATE NAME,TITLE of OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared �
NAME(s)SIGNER )
in the capacity as tl /
INDWMIJAL,GENERAL PARTNER,CoRFoRATE OFFICER-E.G.,VICE PRESIDENT
personally known to the -Olt-i!
be the person whose name is/atesubscribed to the within
instrument and acknowledged to me that hel lAwy executed the
same in his/b~authorized capacity(ioa�;and that by
his/l~signatureWon the instruunent the person(or the
entity upon behalf of which the person(Wacted,executed the
instrument.
E)He/W/The also acknowledged to me that such corporation executed the within instrument pursuant to its
by-laws or a resolution of its Board of Directors.
M m
.MME t-. f iTNBSS my hand and official seal,
otarsrnisasaan#CgI~ mig
Notary l'ubtic-C;tlitcrxrla � £
Contra Cwt county
MY� • 13,2 gnature of Notary
P
SIGNATURE REQUIREMENTS
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The
name must be signed exactly as it is typed or printed.
11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in
the property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary
(b)The President (b)An Assistant Secretary
(c)Any Vice-President (c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution
of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is
required. A currently valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of
its Board of Directors."
HSW
G:\CrpData\FldCtl\Curbev\CITIES\Antimb\Sub 7220\Rcimb Agreement 7220.doc
Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
7 State of California
< ss.
County of
On before me, 4�z
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") , z.
personally appeared
Name(s)of Signer(s)
lpersonally known to me
0 proved to me on the basis of satisfactory
All
evidence
it to be the personwhose namee 'ris/,
JANE 1,
L,POLSOf subscribed to the within instrument and
orn^rtisxio7� 1365 ia7 acknowledged to me that he/ y executed'
ti Notary Public-Catff=ls the same in hls it authorized I
Gontm goats coup r capacity(io< and that by his>ir
Mycanri,P ALQ 13,2005 signature) ''n the instrument the persor or
Ft the entity upon behalf of which the person �6
acted, executed the instrument.
v ITNESS m end offw al s al.
i
`^�•.,.m.,,.�'-• Signature of Notary Pubilc
N
; > ONAL
5 p Y YP P relying prevent
Thou h the informat.'on below is not required b law,it may rave valuable to arsons ret in on the document and could rpvent
'z fraudulent removal and reattachment of this farm to another document.
Description of Attached Document
5
YP
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Title or Type of Document:
>ti
z: Document trate: Number of Pages:
Signer(s)Other Than Named Above:
-Ntr;
y� v
Capacity(les) Claimed by Signer
Signer's Name:
C_ Individual Top of thumb here
C_ Corporate Officer—Title(s):
a i C_ Partner—O Limited ❑General
Attorney-in-Fact h !
C_ Trustee <'
❑ Guardian or Conservator
❑ Other:
Signer is Representing: �..
:i �,+ SYb'�'>:.- ti.�� 'S�S\S✓' J '>`�"T�3+ - J' - T 4 \.. '�' v 733 7 �7
0 1,999 National Notary Association•9350 Do Soto Ave.,P.O.Sox 2402>Chatsworth,CA 91373.2402•wvww.natlonalnotary.crg Prod.No.5907 Reorder:Calf To8-Free 1-800.876-8927
EXHIBIT "A"
DRAINAGE AREA CREDIT AND REIMBURSEMENT POLICY
Adapted dune, 1989
Revised December 2999
The following policy adopted by the Hoard of Supervisors,
as the governing body of the Contra Costa County Flood
Control and Water Conservation. District, shall be used to
determine credits and reimbursements as provided for in
various Drainage Area Fee Ordinances ,
I . Definitions :
1. . Drainage- Area Plan: The engineering plan, which shows
and lists the size, length, and location of drairiage
facilities adopted for a Drainage Area..
2 . Drainage Area Fee Ordinance: An ordinance adopted for
a Drainage Area specifying the drainage fee necessary
to complete construction of the planned facilities.
3 . Drainage Area Fee Obligation: The drainage fee due on
a development as determined from the Drainage Fees
Ordinance.
4 . Eligible Costs : The cost of installing drainage
facilities, which are part of the Drainage. Area Plan.
5 . In-tract Drainage Facilities: Drainage facilities
required within the limits of the development .
6 . Off-tract Drainage Facilities : Drainage facilities
required outside the limits of the development .
7 . Credit: When a Drainage Fee Ordinance allows
construction of drainage facilities in lieu of the
payment of drainage fees , the eligible construction
casts may be applied as a credit against the drainage
area fee obligation.
S . Reimbursement : Payment to the developer for the
eligible cost of installing drainage area facilities
in excess of the drainage area fee obligation.
i
Il . GENERAL. Installation of drainage facilities required
as a condition of property development can be very
costly, and in many cases benefits other properties
within the watershed. A Drainage Fee Ordinance spreads
the costs of the drainage facilities to all of the
benefiting properties and ensures, through a system of
fees, credits, and reimbursements , equitable financial
participation.
The drainage fee ordinance creates a fee obligation on
all properties within the Drainage Area. The ordinance
becomes operative upon a request to develop or improve
a parcel of land. The drainage area fee obligation is
limited to the fee due and is payable either in the
form of cash or the installation of a portion of the
drainage facilities shown on the adopted drainage
plan.
When a condition of development requires the
construction of drainage facilities with a cost in
excess of the drainage fee obligation imposed by the
fee ordinance, a portion of the excess cost may be
eligible for reimbursement .
III . Eligible Costs : A portion of the cost to install
drainage facilities shown on the adopted drainage area
plan may be eligible for credit against the required
drainage fees and for reimbursement of costs in excess
Of the drainage fee obligation. Credit or
reimbursement shall be limited to the following
eligible costs :
1 . Actual in-tract and off-tract construction costs
plus a fixed amount of 7 percent of the in-tract
construction cost and 14 percent of the off-tract
construction cost for allowance of miscellaneous
developer' s costs, including contract preparation,
engineering, bonding, etc . Construction costs do
not include utility relocations or the acquisition
of rights of way.
2 . Actual public agency project inspection fees for
only those drainage area facilities shown on the
adopted drainage plan.
2
3 . Actual off-tract utility relocation casts .
4 . Actual off-tract right of way acquisition costs
needed for the installation of drainage area
facilities, provided the developer does not have a
beneficial interest in the off-tract property.
The determination of construction cost will be based
on at least three independent bids . The developer
shall submit said bids to the District for review and
concurrence. Upon District concurrence with the bids,
the lowest bid shall be the basis for determination of
the credit and reimbursement amount .
The District reserves the right to reject the
developer' s bids or any other proposed value of said
eligible costs and to calculate said costs and the
fixed markups using then current prices.
If the developer elects to install a more costly
drainage system than shown on the adopted drainage
area plan, the District reserves the right to
calculate said eligible costs using the then current
prices for only the facilities shown on the adopted
plan.
IBJ. Credit : The developer may apply as a credit toward the
drainage fee obligation the eligible costs to
construct drainage area facilities .
V. Reimbursement :
A. Where the amount of said eligible costs exceed the
drainage fee due, the developer, upon entering into
a reimbursement agreement with the District, shall
be eligible for a percentage reimbursement on the
amount of the eligible costs determined by Section
III above, in excess of the drainage fee due as
fellows :
Off-tract work: 100% (One hundred percent)
In-tract work : 50s (Fifty percent)
Prior to the application of the above percentages ,
the eligible costs in excess of the drainage fee due
shall be prorated between off-tract work and in-
tract work in the same proportion as the total
3
eligible casts for off-tract work and in-tract work
are to the total eligible costs.
B . The reimbursement shall be subject to the fallowing
limitations :
1 . Reimbursements shall be paid only from drainage
fees collected pursuant to a Drainage Fee
Ordinance .
2 . If more than one reimbursement agreement is in
effect in a Drainage Area, the reimbursement+.
payment to each agreement shall be based on the
ratio of each agreement' s original amount to the
total original amount of all outstanding
reimbursement agreements .
3 . The District reserves the right to utilize not
more than 80 vercent of the drainage fees
collected annually, on a fiscal year basis, for
the purpose of making reimbursement payments .
4 . Reimbursement payments shall be made quarterly,
except that, during any quarter the District
reserves the right not to make said payments if
the amount of available funds to be disbursed is
less than $5000 . 00 .
5 . Reimbursement agreements shall remain in effect
for .a base period of ten years (40 quarters) . The
first quarter shall be the one following the:
quarter in which the first reimbursement payment
is made. The developer shall forfeit any
outstanding balance owed at the end of ten years
if 80% or more of the money has been reimbursed.
If at the end of ten years, less than 80% of the
money has been reimbursed, the agreement shall be
extended for another period of five years . 2f
after a period of five years the developer has
not been reimbursed 80% of the amount due, the
agreement shall be extended for another period of
five years. Any remaining balance owed after
twenty years shall be forfeited.
6 . Reimbursement agreements executed subsequent to a
government loan(s) shall have payments
"calculated" using the pro -rata basis of
4
_
paragraph H . 2 . above . However, in order to
accelerate repayment of the government loans)
the "calculated" payment shall be applied tco
repayment of the government loan (s) , rather than
be disbursed to the subsequent reimbursement
agreement (s) . Upon full repayment of the
government loan (s) , reimbursement payments shall
commence to the subsequent reimbursement
agreement (s) . The 40 quarter time limit for a
subsequent reimbursement agreement shall not
start until the date the first payment is made to
the reimbursement agreement .
VS . Applicability: Upon adaption by a drainage area, this
policy shall be the basis for all subsequent
reimbursement agreements in that drainage area. This
policy will not alter any reimbursement agreement
executed pursuant to a different policy.
5
EXHIBIT rear
DA 56 Line Z-1 (Station 0+00 to Station 1+28)
DA 56 Line E (Station 0+00 to 12+77)
Eligible Cost Worksheet
DA 56 Line Z-1 (Station 0+00 to 1+28) Equivalent Quantities per adopted 1987 DA 56 plan
We accept the developers longer pipe length as an "equivalent system"to the ado ted plan Line Z-1 outfall.)
Description Quantity Unit Cost I Total
66"Cl V RCI -jacked** 178 LF $400.00 $ 71,200.00
Outfall structure wl rip rap" 1 EA $8,580.00 $ 8,580.00
Sub-Total $ 79,780.00
Offsite Engineering (14%) $ 11,169.20
Inspection (3.5% Sub-Total) $ 2,792.30
DA 56 Line Z-1 (Station 0+00 to 1+28)Construction Cost $ 93,741.50
DA 56 Line E (Station 0+00 to 12+77) Equivalent Eligible Quantities per adopted 1987 DA 56 pian
(Although the adopted 1987 DA 56 pian shows Line E to use 300 LF of 36" RCP and 977 LF of 27" RCP, we
accept the developer's larger pipe sizes as an "equivalent system"to the adopted plan Line E.)
Line E Offsite
Desai n Quantity Unit Cost Total
tio
48"RCP Class ill'** 310 LF $123.00 $ 38,130.00
36"RCP Class V*** 179 LF $99.25 $ 17,765.75
36"RCP Class ill*** 788 LF $83.50 $ 65,798.00
Manholes*** 5 EA $3,450.00 $ 17,250.00
Sub-Total $ 138,943.75
Offsite Engineering (14%) $ 19,452.13
Inspection (3.5% Sub-Total) $ 4,863.03
DA 56 Line E(Station 0+00 to 12+76)Construction Cost $ 163,258.91
DA 56 Line Z-1 (Station 0+00 to 1+28) Construction Cost $ 93,741.50
DA 56 Line E(Station 0+00 to 12+77) Construction Cost $ 163,258.91
Total Construction Cost $ 257,000.41
Sub 7219 Total DA 56 Fee Obligation Paid on 01/18/01 $ 109,433.00
Sub 7220 Total DA 56 Fee Obligation Paid on 10/17/01 $ 111,525.00
Total DA 55 Fee Obligation previously paid will be the REFUND AMOUNT $ 220,958.00
Total Construction Cost $ 257,000.41
Total Refund Amount $ (220,958.00)
Deduct for De Anza Trail at Lindsey Basin $ (10,000.00)
Total Reimbursement Agreement Amount $ 26,042.41
Nates:
*We used the lowest bidder's (independent) cost estimate
**KB Homes did not submit a competitive bid for this eligible item. Therefore we used the District's cost
estimate for this item. 178 LF of bore-and-jacked 66-inch storm drain pipe at$400/LF was agreed to be the
equivalent of Line Z-1 (Station 0+00 to 1+28)during the District's meeting with KB Homes on June 1, 2004.
***Actual construction costs per Dave Jacobson's March 11, 2004 letter
G:1GrpDatalFldCtllCurDaviCITIES\Antioch\Sub 7220g7220 DA 56 Line Z1 reimb1.x1s]Sheet1
H. Wong Reprinted 6/15/2004 7:39 AM