HomeMy WebLinkAboutMINUTES - 10241995 - C8 TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: OCTOBER 24, 1995
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND OAK CREST-OAKLEY,L.P. A CALIFORNIA LIMITED PARTNERSHIP FOR
SUBDIVISION 6927 IN DRAINAGE AREA 30B
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Approve a reimbursement agreement in the amount of$68,393.95 between the Flood Control District
(District) and Oak Crest-Oakley, L.P. (Developer) and authorize the Chair of the Board to execute the
agreement on behalf of the District.
H. Financial Impact:
Future drainage fees will be obligated to payment of the reimbursement.
M. 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 int he
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.
Continued on Attachment: SIGNATURE:
_RECOMMENDATION OF COUNTY ADM T TOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON !O-,;L4- i APPROVED AS RECOMMENDED_/'OTHER—
OF
VOTE OF SUPERVISORS
� UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig.Div: Public Works(FCE)
Contact: Ronnie Benson(313-2281) 1 hereby Certify that this 18 A And Correct Copy of
cc: County Administrator an action taken and entered on the minutes of the
Community Dev. Board of Supervisors on the date shown.
Building Inspection ATTESTED: . "at'1
County Counsel PHIL BATCHELOR,Clerk of the doard
County Assessor
County Treasurer-Tax Collection Of Supervisors and County Administrator
County Auditor-Controller
Chief Engineer
tom' .Deputy
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective the Contra Costa County Flood
Control and Water Conservation District, a body corporate and politic of the State
of California, (hereinafter called "DISTRICT"), and Oak Crest - Oakley, L.P., a
California Limited Partnership, (hereinafter called "DEVELOPER"), mutually agree
as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision 6927
within Drainage Area 3013, Said development is within the jurisdiction of the
County of Contra Costa (hereinafter called "COUNTY"). To satisfy
COUNTYs conditions of approval for said development, DEVELOPER must
install a portion of the drainage facilities shown on the adopted Drainage
Plan for Drainage Area 30B.
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. 79-138.
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 DISTRICTs above-mentioned Drainage Plan and the Drainage
Area Credit and Reimbursement Policy for said drainage area, which policy is
attached as Exhibit "N' 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 COUNTY.
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 COUNTY. DISTRICT
shall be under no obligation to perform under this agreement unless the drainage
facilities are accepted as complete by COUNTY.
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 DEVELOPrER's installation of the drainage facilities
required by the conditions of approval for said development.
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 COUNTY. 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
OAK CREST -OAKLEY, , L.P.
By
A California Limited Partnership
Chair of the�oard�ofSup�erviso �as, overning By: Oak Crest - Oakley General
body of the Contra Costa County Flood Control and Partner, L.P.
Water Conservation District A- California Limited Partnership,
General Partner
ATTEST: By: Hearthstone Advisors . Inc .
A *QAAQ4.ni1a Corporation, General
Phil Batchelor, Clerk of the Board of Supervisors Partner
and County Administrator
By By-.
Depu Jerk James Griffin, Jr. ,
Sen' r Vice President
Recommended for Approval:
J. Michael Walford
Chief Engineer
By
Approved as to Form:
Victor J.Westman
CountI unsel
By I
LQ
Deputy
Exhibit "A" - Drainage Area Credit and
Reimbursement Policy
Exhibit "B" - Calculation of Reimbursement
Amount
2
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. 1140 and Corps.Code,See.313.) The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of 5/t rX*,JC-iSCC>
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: Aw,t,
[Notary's Seal]
Deborah Holste t Notary Public
LtJ E Comm.#10078820 78
10082 ryry
{� G NOTARY PUBIIG-GAtIFORNtAyI
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1-� IT "A"
DRAI141-E AREA C=IT AND 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 reimbursements s as provided for in various
Drainage Area Fee Ordinances_
I. DEFINITIONS:
1. Drainage Area Plan. 'Ire engineering plan which shows and lists the
size, length, and location of drainage facilities adopted for a
Drainage Area_
2. Drainage Area Fee Ordinances. An ordinance adopted for a Drainage
Area specifying the drainage fee necessary to Clete construction of
the planned facilities.
3. Drainage Area Fee Obligation. The drainage fee due on a development as
dete-imined from the Dra i nage Area Fee Ordirk-u-y--e.
4- Eligible Costs. The cost f hist-a 11 i ng drainage facilities which are
part of the Dra i nage Area Plan.
5. In-tract Drainacte Facilities. Drainage facilities required within the
limits of the development_
6. Off-tract Drainage Facilities. Drainage facilities required outside
the limits of the developmeirt.
7. Credit. When a Drainage nage 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 against the drainage area
fee obligation.
8_ Reimbursement. Payment to the developer for the eligible cast of
installing drainage area facilities in excess of the drainage area fee
obligation.
Ir_ 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 benefitting 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 o ainance becomes operative upon a request to
1
I
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
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 reantxirsement of costs in excess of the
drainage fee obligation. Credit or reinbursement 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 constriction cost for allcwan a 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.
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 costs will be based on at least three
independent bids. The developer shall submit said bids to the District for
review and concurrencie. Upon District concurrence with the bids, the lowest
bid shall be the basis for determination of the credit and relubursement
amount.
The District reserves the riot 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 l> a more costly drainage system than shown
on the adapted drainage area plan, the District reserves the riot to
calculate said eligible costs using the then current prices for only the
facilities shown on the adopted plan.
N. Credit. The developer may apply as a credit toward the drainage fee
obligation the eligible costs -to construct drainage area facilities.
2
V. Rs'
A. Where the amount of said eligible casts 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 follows:
Off-tract work: 1000 (One Hundred Percent)
On-tract work : 500 (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 rei mrsement shall be subject to the following limitations:
1. Rei mrsements 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 re' 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 amts.
3. The District reserves the riot 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 $5,000.
5. Rei girsement agreements shall renin in effect for 40 quartets.
The first quarter shall be the one following the quarter in which
the first reimbursement payment is made. Any outstanding balance
awed at the end of the 40 quarters shall be waived by the
developer.
6. Pei x=sement agreements executed prior to a government loan
shall share with the goverrmsent loan and other
agreement(s) the payments calculated in paragraph B.2 above.
7. 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 goverment loan(s) , reimbursement
payments shall c to the subsequent reimbursement
agreement(s) . The forty quarter time limit for a subsequent
reimbursement agreement shall not start until the date the first
payment is made to the reimkinsement agreement.
VI. Applicability: Upon adaption by a drainage area, this policy shall be the
basis for all subsequent rei bursement agreements in that drainage area.
This policy will not alter any agreement executed pursuant to
a different policy.
RSC:sj
OA:Rei lC
March 8, 1990
4
Exhibit"B"
Calculation of Reimbursement Amount
Drainage Area: 30B
Development: Subdivision 6927
Developer: Hal Porter Homes
P.O. Drawer 1088
Brentwood, CA 94513
Assessor's Parcel: 033-030-004
Drama a Area 30B Fees Subdivision 692:7
Lot Area #of Lots Fee Total
10 Acres $5400.00/AC $54,000.00
Total
Drainage Fees Due $54,000.00
Eligible Construction Costs:
Yo Tract Work
Description Quantity Unit Cost Total
Line A 66"CIPP 429 LF $71.20/LF $30,544.80
Line A 60"CIPP 472 LF $67.00/LF $31,624.00
Line A 60"RCP 20 LF $185.00/LF $3,700.00
Type III Manhole 2 $1950.00 ea $3,900.00
Sub-Total $71,763.80
Engineering(7%) $5,023.47
Inspection Fee(5%) $3,588.19
In-Tract Total $80,375.46
Off Tract'Work
Description Quantity Unit Cost Total
Line A 66"CIPP 722LF $71.20/LF $51,406.40
TYPE IV Manhole 1 $1400.00 ea $1,400.00
TYPE III Manhole 1 $1950.00 ea $1,950.00
TYPE A Catch Basin 1 $1995.00 ea $1,995.0011
Sub-Total $56,751.40
Engineering(14%) $7,945.20
Inspection Fee(5%) $2,837.57
Old Tract Total $67,534.17
Total Eligible Costs $147,909.63
Drainage Area Fees ($54,000.00)
$93,909.63
In-Tract Reimbursement @ 50% $25,515.68
Off-Tract Reimbursement @ 100% $42,878.27
Total Reimbursement $68,393.95
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