HomeMy WebLinkAboutMINUTES - 01051993 - 1.25 2i`
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: January 5, 1993
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND HAL PORTER HOMES FOR SUBDIVISION 7052 IN DRAINAGE AREA 52A,
BRENTWOOD AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve a reimbursement agreement in the amount of $10,370.80 between the Flood Control
District (DISTRICT) and Hal Porter Homes (DEVELOPER) and authorize the Chair of the Board
to execute the agreement on behalf of the District.
II. Financial Impact:
Future drainage fees will be obligated to payment of the reimbursement.
III. Reasons for Recommendations and Background:
The Developer has been required, to construct drainage area improvements at a cost which
exceeds the amount of drainage fees required to be paid by the developer under the terms of
the drainage area fee ordinance. The Developer is entitled to a partial 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 inconsistant with the adopted Credit and
Reimbursement Policy.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
— RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JAN 5 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V' UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this Is a true and correct copy of
TW:kd an action taken and entered on the minutes of tire
c:B05.t1 Board of Superyi the 1993 own.
contact: P. Harrington 313-2285 ATTESTED: ��JJ 9 J
Orig. Div: Public Works (FC) PHIL BATCHELOR,Clerk of the Board
County Administrator of Supervisors and County Administrator
Community Development
Building Inspection
County Counsel BY '� .'Deputy
County Assessor
County Treasurer-Tax Collector
County Auditor-Controller
Chief Engineer
Accounting
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective , the Contra Costa County
Flood Control and Water Conservation District, (hereinafter called"DISTRICT'),and
Hal Porter Homes, a California corporation, (hereinafter called
"DEVELOPER"),mutually agree as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision 7052
within Drainage Area 52A. Said development is within the jurisdiction of the
City of Brentwood (hereinafter called "AGENCY"). To satisfy AGENCY's
conditions of approval for said development, DEVELOPER must install a
portion of the drainage facilities shown on the adopted Drainage Plan for
Drainage Area 52A.
B. The cost to install these facilities exceeds the amount of drainage fees
required by the drainage fee ordinance for said drainage area, Ordinance
No. 78-53.
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.
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.
- Page 1 of 3 -
8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage 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 DEVELOPER submits to DISTRICT acceptable evidence
that DEVELOPER has paid for the installation of the drainage facilities covered by
this agreement.
10. TERMINATION. This agreement shall remain in effect either (1) for 40 quarters 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 of payment required by Section 9 shall
not result in an extension of the termination date.
11. NO OTHER RECOURSE 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.
B. If, after the expiration of the 40 quarters 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 DEVELOPER*
AND WATER CONSERVATION DISTRICT
Hal Porter es
By
Chair of the Board of Supervisors, as g verning By
body of the Contra Costa County Flood Control
and Water Conservation District And By
ATTEST: *Corporations require two signatures,one by the
President or Vice President, and one by the
Phil Batchelor, Clerk of the Board of Supervisors Secretary or Treasurer. Signatures by
and County AdministraIr DEVELOPER must be notarized.
By
Deputy Clerk
Recommended for Approval:
J. Michael Watford
Chief Engineer
Approved as to Form:
Victor J. Westman
County Counie �
By
Deputy
JBB:peo
c:da\DA52aRB2.Agm (11/90)
Exhlbft *A6- Drainage Area Credit and Reimbursement Policy
Exhibit *Bn - Calculation of Reimbursement Amount
Page 2 of 3 -
Note to Developer: For corporations, the contract must be signed by two officers. The first signature
must be that of the chairman of the board, president or vice-president;the second signature must be that
of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190
and Corps. Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of L (- -+Y-A Cosfi�
On the date written below, before me, the undersigned Notary Public, personally
appeared the person(s) signing above for Developer, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Dated: I ! b
[Notary's Seal]
Elaine Clousinp�ANotary Public
Comm. WSW
Any PUK C
Oa11MO MApiMIM
0EJgO'.'�/ Elaine Clousing ;
V Comm. 0885563
�� NOTARY PUBUFLIC.CAMIA6
CONTRA COSTA COUNTY
l�
F My Cww.Espins AprN 30.1
- Page 3of3 -
EiIBIT "A►►
DRAIMAGE AREA CREDIT AND P=flKJRSEM= POLICY
Adopted June, 1989
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 as provided for in various
Drainage Area Fee Ordinances.
I. DEF'I:N=ONS
1. Drainacre Area Plan. The engineering plan which shows and lists the
size, length, and location of drainage facilities adopted for a
Drainage nage Area.
2. Drainage Area Fee ordironces. An ordinance adapted for a Drainage
Area specifying the drainage fee neces-;sary to cxomplete construction of
the planned facilities.
3. Drainage Area Fee Obligation. The drainage fee due on a development as
frcmm the Drainage Area Fee Ordinance.
4. Eligible Costs. Me 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 costs may be applied as a credit aga ist the drainage area
fee.obligation.
8 Paywnt to the develcper for the eligible cost of
installing drainage area facilities in execs of the drainage area fee
Obligation.
11. GENERAL: Installation of drainage facilities required as a condition of
property development can be very costly, and in many cases Benefits other
px a ties within the watershed. A Drainage Fee Ordinance spreads the costs
of the drainage facilities to all of the benefitting properties and ensures,
th=cugh 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 beds operative upon a request to
1
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 area 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
I=I. 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 arra for reinbirsement 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 constniction cost and 14 percent of the off-
tract construction cost for allowance of miscellaneous developer's
costs, including contract preparation, enJineer'inJ, bonding, etc.
Construction costs do not include utility relocations or the
acquisition of riots of way.
2. Actual public agency project inspection fees for only those drainage
area facilities shown on the adopted drainage plan.
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 determinati on of construction costs will be based on at least three
indeperrlent 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 detenainatian of the credit and reitburSement
amount.
The District reserves the right to reject the developer's bids or any other
proposed value of said eligible costs arra 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.
IV. Credit. Zhe developer may apply as a credit toward the drainage fee
obligation the eligible costs .to construct drainage area facilities.
2
V. Reimbursement.
A. dere 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 reirbursement on the
amount of the eligible costs determined by Section M. above, in
excess of the drainage fee due as follows:
Off-tract work: 1000 (One Hundred Percent)
On-tract work : 50% (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 on-tract work in the same proportion as the total eligible
costs for off-tract work and on-tract work are to the total eligible
costs.
B_ The reimbursement shall be subject to the following limitations:
1. Reimbursements shallbe 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 amort to the
total original amount of all agreements.
3. Me 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- 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 $5,000.
5. Reimbursement agreements shall resin in effect for 40 quarters.
Me first quarter shall be the one following the quarter in which
the first reimbursement payment is made. Any outstanding balance
owed at the end of the 40 quarters shall be waived by the
developer.
6. agreements executed prior to a 'government loan
shall share with the government loan and other
agreement(s) the payments calculated in paragraph B.2 above.
7. Reimbursement agreement(s) executed subsequent to a government
loan(s) shall have payments "calculated" using the pro-rata basis
of paragraph B.2. above. However, in order to accelerate
repayment of the government loan(s) , the "calculated" payment
shall be applied to repayment of the government loan(s) , rather
than be disbursed to the subsequent reimbursement agreement(s) .
3
Upon full repayment of the gove_rrment loans)
, reimbursement
payments shall ccamence to the subsequent reinbursement
agreemen (s) . The forty quarter time limit for a subsequent
reimbursement agreement shall not start until the date the first
payment is made to the Ynbimmement agreement.
V2. =licability: 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 rei =sement agreement emoted pursuant to
a different policy.
RSC:sj
DA:PainPo1C
March 8, 1990
4
Exhibit "B"
Calculation of Reimbursement Amount
Drainage Area: 52A
Development: Subdivision 7052
Developer: Hal Porter Homes
P.O. Drawer 1088
Brentwood, CA 94513
Assessor's Parcel: 017-150-002, -003, -004, -005, -007, -018
grajnage Area . Fees .. .
5.165 Net Acres $ 4,000/Acre $ 20,660
.00
Eligible Construction Costs:
C7► f TrajCt.Wark
Description Quanity Unit Cost Total
68' of 66" RCP - Line A 1 LS $ 27,220.00 $ 27,220.00
approximate
Sta. 35+00 to 35+66,
1 - 6' x 17' Junction Box
2 - 60" RCP stubs
Sub-Total $27,220.00
Engineering (14%) 3.810.80
Total Eligible Costs $ 31,030.80
Drainage Area 52A Fees $ 20,660.00
Total Costs Exceeding Fees $ 10,370.80
ALLOWABLE REIMBURSEMENT $ 10,370.80
TW:kd
c:DAWA52A.EXB