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HomeMy WebLinkAboutMINUTES - 05251993 - 1.15 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: May 25, 1993 SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND DANVILLE LAND AND DEVELOPMENT, A CALIFORNIA CORPORATION FOR SUBDIVISION 6531 IN DRAINAGE AREA 48B, WEST PITTSBURG AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: Approve a reimbursement agreement in the amount of $70,440.80 between the Flood Control District (DISTRICT) and Danville Land and Development, a California Corporation (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 inconsistent 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 MAY 2 5 1993 APPROVED AS RECOMMENDED OTHER _ VT OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: i hereby certify tnat this is a true and correct copy•r? an action taken and entetbd on the minutes of the RB:kd 3oard of Supeo r on the date shown. c:B025.t5 :ATTESTED: 2 5 1 g9.9.1 _,_ Orig. Div: Public Works (FCE) 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 Engineering Services 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 Danville Land and Development, a California corporation, (hereinafter called"DEVELOPER"), mutually agree as follows: 2. INTRODUCTION. A. DEVELOPER is subdividing the property designated as Subdivision 6531 within Drainage Area 48B. Said development is within the jurisdiction of the County of Contra Costa (hereinafter called "COUNTY"). To satisfy COUNTY'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 48B. 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. 86-42. 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 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 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 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 Dan. II Lan a opment By Chair of the Board of Supervisors, as governing �'G�'C P � 9 9 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 Administrator DEVELOPER must be notarized. Byf Deputy Clerk Recommended for Approval: J. Michael Walford Chief Engineer Approved as to Form: Victor J. Westman County,Counsel By Deputy JBB:kd c:da\DA48BRB.Agm (Rev. 11/92) Exhibit "A" - Drainage Area Credit and Reimbursement Policy Exhibit TO - Calculation of Reimbursement Amount - Page 2of3 - 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 On the date written below, before me,the undersigned Notary Public, personally appeared the person(s) signing above for Developer, personally know 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 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: (Notary's Seal) Notary Public - Page 3of3 - 4 ' E:CFI L711 "A" DPALN2%CE AREA =I'I' AND POLI Adopted June, 1989 The following policy adopted by the Board of Supervisors, as the governing body of the contra costa county Flood control arra Water Conservation District, shall be used to determine credits and reimbursements as provided for in various Drainage Area Fee ordinances. . I_ DEF INITIONS• 1. Drainage Area Plan. The engineering plan whish shows and lists the size, length, and location of drainage facilities adopted for a Drainage Area. 2. DrajmcTe Area Fee Ordinances. An ordinance adopted for a Drainage Area specifying the drainage fee necessary to complete construction of the planned facilities. 3_ Drainage Area Fee Obliaation. The drainage fee due on a development as determined from the Drainage Area Fee 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 requ=ed 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 duction costs may be applied as a credit against the drainage area fee obligation. 8.- Reimbursement. Payment to the developer for the eligible cost of installing drainage area facilities in excess of the drainage area fee obligation. II. GENERAL: Installation of drainage facilities requ=ed as a condition of property development can be veru costly, and in many cases benefits other praperties within the watershed. A Drainage Fee Ortt:ua spreads the costs of the drainage facilities to all of the benefitting properties arra ensures, t2roucjh a system of fees, credits, and reimbursements, equitable financial parti cipat:icn. The drainage fee ordinance creates a fee obligation on all properties within the Drainage Area. The ordinance beccroes operative upon a request to 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 constriction 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. Fligible Costs. A portion of the cost to install drainage facilities shown on the adopted drainage area plan may be eligible for credit against the reglLrar9 drainage fees arra for reimbursement of costs in excess of the drainage fee obligation. Credit or reirn!3urseme t" 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 cast and 14 percent of the off- tract construction cast 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. 3. Actual off-tract utility relocation acts. 4. Actual off-tract right of Fray 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 Frill be based on at least three independent bids. Mnua developer shall submit said bids to the District for review arra concurrence. Upon District comm xrence. with the bids, the lowest bid shall be the basis for dPtarrn;nation of the credit and reinbursement 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 casts and the fixed mar}arps using then current prices_ If the developer elects to ;*teals a more aptly 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. The developer may apply as a credit tcward the drainage fee obligation the eligible costs to construct drainage area facilities. 2 •V. �eimlur.�emerrt. A. Where the amount of said eligible costs exceed the drainage fee due, the developer, upon entering into a reimbursement mbursement agreement with the District, shall be eligible for a per- ntage reimbursement on the amount of the eligible costs determined by SecIion III. above, in excess of the drainage fee due as follows: Off-tract work: 100% (One Hundred Percent) On-tract work : 50% (Fifty Percent) Prior to the application of the above percentages, the eligible casts 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_ Me reimbursement shall be subject to the following limitations: 1. Pzinbursements shall be paid only from drainage fees collected pursuant to a Drainage Fee Ordinance. 2. If more than one 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 tcltal original amount of all outstanding reimbursement agreements. _ 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 =sement agreements shall remain in effect for 40 quarters. The 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 s shall be waived by the developer. 6. Rpi agreements executed prior to a cjwe=mer t loan shall shame with the goverment loan and other reimbursement agreement(s) the payments calculated in paragraph. B.2 above. 7. Paimbursement agreement(s) executed subseQuent to a gc�verrm�ent 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 gove=mient loan(s) , rather than be disbursed to the subsequent reimbursement agreement(s) . 3 t Upon full repayment of the government loan(s) , payments shall commence to the subsequent reimbursement agreements) . The forty quarter time limit for a subsequent reinbursement agreement shall not start until the date the first payment is made to the 'rnbt=semerrt agreement. VI. Apmlicability: Upon adoption by a drainage area, this policy shall be the basis far all subsequent agreements in that drainage area. Miffs policy will not alter any reh it executed pursuant to a different policy. cy. RSC:sJ DA:ReimPolC March 8, 1990 1. 4 Exhibit "B" Calculation of Reimbursement Amount Drainage Area: 48B Development: Subdivision 6531 Developer: Danville Land and Development 3333 Willow Pass Road Pittsburg, CA 94565 Assessor's Parcel: 097-050-003 in Ar<:: 4 F D.r a e ea 8B ees .. ........:::::....:::::: ...,,,,;,;;;, ;;;;;;;:: .. . a:::.:::::::::..: ........:.::::::::::.::::..:::...:: ... Lot Size Fee Total 2.15 Acres $7,130.00/Acre $15,329.50 Eligible Construction Costs: >:> Tr ct o Description Quantity Unit Cost Total 54" CIPP - Line B 668 LF $ 71.00/LF $47,428.00 Manhole Structure 1 EA $9,000.00/EA 9,000.00 (Special Design) Type 'C' Inlet 1 EA $2,500.00/EA 2,500.00 Modify Manhole 1 EA $1,600.00/EA 1,600.00 Clear & Grub 190 CY $20.00/CY 3,800.00 Drop Structure LS $8,052.00 8,052.00 Sub-Total $72,380.00 Engineering (14%) 10,133.20 Inspection (4.5%) 3,257.10 Total Eligible Construction Costs $85,770.30 Drainage Fees -15.329.50 Eligible Costs Exceeding Fees $70,440.80 TOTAL REIMBURSEMENT $ 70,440.80 JBB:kd c:da\DA48BRB.Agm (Rev. 4/'93)