HomeMy WebLinkAboutMINUTES - 05241994 - 1.1 (2) 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 24, 1994
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND PULTE HOMES CORPORATION FOR SUBDIVISIONS 6492, 7370 AND
7755 IN DRAINAGE AREA 105, BRENTWOOD AREA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE a reimbursement agreement in the amount of $123,813.21 between the Flood Control
District(District)and Pulte Homes Corporation (Developer), and AUTHORIZE the Chair of the Board
to execute the agreement on behalf of the District.
II. Financiallmpact:
Future subregional drainage fees will be obligated to payment of the reimbursement.
111. Reasons for Recommendations and Background:
The Developer has been required to construct drainage area improvements at a cost which exceeds
the amount of subregional drainage fees required to be paid by the developer under the conditions
of approval required by the City of Brentwood, which fees were requested by the District. 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 7'}tp.�t a�j� �q I APPROVED AS RECOMMENDED _ _OTHER
1 hereby certify that this is a true and correcteopy Ot
VOTE OF SUPERVISORS an action taken and entered on the minutes of the
Board of Supefvl on the date shown.
_ UNANIMOUS (ABSENT ) ATTESTED: -7�f, i f 9`<
AYES: NOES: of Sutpervisorss and�ety off the Administrator ABSENT: ABSTAIN:
PH/TW:pe
g:\fldctl\fcbo\Pulte24.t5 By. Deputy
Contact: P. Harrington 313-2271
Orig. Div: Public Works(FCE)
cc: Accounting
Engineering Services
Building Inspection
Community Development
County Administrator
County Assessor
County Auditor-Controller
County Counsel
County Treasurer-Tax Collector
CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REIMBURSEMENT AGREEMENT
1. PARTIES. Effective JWgAl_off / 4 9; , the Contra Costa County Flood
Control and Water Conservation District, (hereinafter called "DISTRICT"), and Pulte
Home Corporation,a Michigan corporation,(hereinafter called"DEVELOPER"),mutually
agree as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision 6492, 7370
and 7755, within Drainage Area 105. 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 Balfour Road storm drain system, which system will be shown on the DA-
105 subregional drainage plan once it is adopted.
B. The cost to install these facilities exceeds the amount of drainage fees now
required by AGENCY, which fees are collected by AGENCY at the request of
DISTRICT.
C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for all
drainage areas.
D. Since DISTRICT will develop an effective Drainage Plan for DA-105 subregional
improvements, and has a Drainage Area Credit and Reimbursement Policy which
will apply 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 now required by AGENCY (provided AGENCY forwards fees to
DISTRICT) 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.
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.
Page 1
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 and except as required by Section 3 above.
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 COS COLIN FLOOD CONTROL DEVELOPER'
A ATER ONSERV TION, DISTRICT Pulte Home Corporation
By By
Chair of t e Board of Supervisors, governing
body of the Contra Costa County Flood Control
and Water Conservation District
And By
ATTEST:
Phil Batchelor, Clerk of the Board of Supervisors "Corporations require two signatures, one by the
and County Administrator President or Vice President, and one by the
Secretary or Treasurer. Signatures by
DEVELOPER must be notarized.
By
Deputy CI k
RECOMMENDED FOR APPROVAL:
J. Michael Walford
Chief Engineer
By
APPROVED AS TO FORM:
Victor J. Westman
County Counsel
r
By �14L�n
Depuqj
Exhibit "A"- Drainage Area Credit and Reimbursement Policy
Exhibit '8"- Calculation of Reimbursement Amount
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v
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� IN
f )
County of �l J0'1 _m1o\_ ) )ss-
On
SOn the date written below, before me, the undersigned Notary Public, personally
appeared the person signing above for Developer, personally known to me{sa�
to be the person whose nameW is/ate
subscribed to the within instrument and acknowledged to me that he/s'Y.001�q executed
the same in his/hwdthWauthorized capacity(W), and that by his/hWtl>+r signatu eW on
the instrument the person„ or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal]
fi >
OFFICIAL NOTARY SEAL
KIRSTIE L JOHNSON
Notary Public—Calffomia s
c, AL.AMEDA000NTY Notary u iC
c I*Comm.E*res SEP 08,1995
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• ED=IT "All
DRAINAGE AREA CREDIT AND POLICY
Adopted June, 1989
Me. 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. UFT T-NI=ONS:
1. Drainage 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 ordinances. An ordinance adopted for a Drainage
Area specifying the drainage fee necessary to Clete construction of
the planned facilities.
3. Drainacxe Area Fee Obligation. 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 Drainacre 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 against the drainage area
fee.cbligation.
8. PRdmbursement. Payment to the developer- for the eligible cast of
installing drainage area facilities in excess of the drainage area fee
obligation.
II. GEi�2AL� 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.
Me drainage fee ordinance creates a fee obligation on all proper i es
within the Drainage Area. The ordinance becomes 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
reinbursement.
IIT. 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 reinburserent shall be limited to the
following eligible costs:
1. Actual in-tract and off-tract construction casts plus a fixed amount of
7 percent of the in-tract construction cost and 14 percent of the off-
tract fiction cast for allowance of miscellaneous developer's
costs, including contract preparation, engineering, banding, etc.
onion 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 concurrence. Upon District with the bids, the lowest
bid shall' be the basis for determinati cn of the credit arra reimbursement
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 mares using then current prices.
If the developer elects to install a more costly drainage system than shown
on the adapted 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 toward the drainage fee
obligation the eligible costs .to construct drainage area facilities.
2 .
V. Re' _.
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 follows:
Off-tract work: 100% (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 shall be subject to the following limitations:
1. Reimbursements shall be paid only from drainage fees collected
want to a Drainage Fee Ordinance.
2. If more than one reimbursement agreement is in effect in a
Drainage Area, the reinbasement payment to each agreement shall
be based on the ratio of each agreement's original- amount to the
total original amount of all outstanding t 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 reinbuxsement payments.
4. Reimbursement payments shall be made, quarterly, except that,
during any quarter the District reserves the riot not to make
said payments if the amount of available funds to be disbursed is
less than $5,000.
5. 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 shall be waived by the
developer.
6. Reinb rsement agreements executed prior to a government loan
shall share with the government loan and other reimbursement
agreement(s) the payments calculated in paragraph B.2 above.
7. agreement(s) executed sur gient 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
,r
Upon Ifull repayment of the government loans) ,
• payments shall ccmmence to the subsequent reambursement
agreements) . . The forty quarter time limit for a subsequent
reimbursement agreement shal1 riot start until the date the first
payment is made to the reimbursement agreement.
VI. A=licability: Upon adaption by a drainage area, this policy shall be the
basis for all subsequent J enent agreements in that drainage area.
This policy will not alter any rein„^seme„t- agreement executed pursuant to
a different policy.
RSC:sj
DA:R.ei_mpolc
March. 8, 1990
4
EXHIBIT '13
CALCULATION OF REPABURSEMENT AMOUNT
Drainage Area: 105
Development: Subdivisions 6492, 7370, 7755
Developer. Pulte Home Corporation
Northern California Division
5976 West Las Positas Boulevard, No. 100
Pleasanton, CA 94588
Assessor's Parcel: 010-028-001 through -097; 010-030-010 and -019
Drainage Area 105 Sr><bregional lees
Lot Area # of Lots Fee Total
6,000 - 6,999 98 $795.00 $772910.00
7,000 - 7,999 65 $825.00 $53,625.00
8,000 - 9,999 38 $870.00 $33,060.00
10,000 - 13,999 6 $960.00 $52760.00
Total 207 $170,355.00
ELIGIBLE CONSTRUCTION COSTS:
OCf Tract Worlr Balfour Road Drain Phase n.
Description Quantity Unit Cost Total
66" CMP 38 LF $118.25 $4,493.50
54" CIPP 1,072 LF $52.30 $56,065.60
60"CIPP 750 LF $56.85 $42,637.50
66" CIPP 340 LF $64.90 $22,066.00
Manhole with Catch Basin 5 each . $2,500.00 $12,500.00
Manhole 1 each $1,850.00 $1,850.00
SD Collar Connections 2 each $800.00 $1,600.00
Outfall Structure 1 each $10,200.00 $10,200.00
Total $151,412.60
,.::
.:
Off Tract Woriz{Balfour Road Drawn Phase TI}
Description Quantity Unit Cost Total
54" CIPP 1,463 LF $55.10 $80,611.30
Type III Manholes 4 each $3,400.00 $13,600.00
Catch Basin with Lateral 1 each $1,600.00 $1,6,00.00
6
SD Collar Connection 1 each $800.00 $800.00
Total $96,611.30
Total Construct Costs $248,023.90
Engineering (14%) $342723.35
Eligible City Inspection Fee $11,420.96
Total $294,168.21
Total Eligible Costs $294,168.21
Drainage Area Fees $170,355.00
Off-Tract Reimbursement @ 100% $123,813.21
TOTAL REIMBURSEMENT $ 123,813.21
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