HomeMy WebLinkAboutMINUTES - 06181996 - C8 C��
to: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: June 18, 1996
SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL
DISTRICT AND CLAREMONT HOMES, INC., A CALIFORNIA CORPORATION FOR
SUBDIVISION 7163 IN DRAINAGE AREA 30A.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE chair to execute a reimbursement agreement in the amount of
$77,446.83 between the Flood Control District (DISTRICT) and Claremont Homes, Inc.
(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 w>1e 1 ) 199b APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
_ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
RB:cI
g:\fldctl\fcvo\bo 11.t6
Orig.Div: Public Works(Public Works FCE)
Contact: Ronnie Benson 313-2258
cc: County Administrator 1 h=ow*to thb b a b"and wed copy of
Building Inspection an apron Wan ane antand on the MUM d-die
County Counsel Goad d Sup o1�all Mia dMe ah n.
County Assessor ATTESTED:
County Treasurer-Tax Collector ('i-til .a?.Ns c s,c'�rk of the board
County Auditor-Controller of wuprnri^ors and County Administrator
Chief Engineer
Accounting By Deputy
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 Claremont Homes, Inc., a California
Corporation, (hereinafter called "DEVI✓LOPER"), mutually agree as follows:
2. INTRODUCTION.
A. DEVELOPER is subdividing the property designated as Subdivision 7163 within
Drainage Area 30A. Said development is within the jurisdiction of the County of
Contra Costa(hereinafter called "COUNTY").' To''satisfy COIbNTY'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 30A.
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. 84-54.
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.
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
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DEVELOPER has paid for the installation of the drainage facilities covered by this
agreement.
10. TERM NATION. 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 CO A CO TY FLO �D CO -TROL DEVELOPER* �C
AND WA T O ON D
Claremont Homes rlLu
By oee '
Chair of the o d f isors,as governing body of By91
�� U
the ContrCosta County Flood Control and Water
Conservation District And By �Q�t
ATTEST: *Corporations require two si ures, o e by the
President or Vice President,and one by cretary or
Phil Batchelor, Clerk of the Board of Supervisors and Treasurer. Signatures by DEVELOPER must be
County Administrator notarized.
By
Depuotlerk
Recommended for Approval:
J.Michael Watford
Chief Engineer
By
Approved as to Form:
Victor J.Westman
Coun unsel
By I
4&p�'
Deputy 13123 y6
Exhibit"A"-Drainage Area Credit and Reimbursement
Policy
Exhibit"B" -Calculation of Reimbursement Amount
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.
2
State of California
County of ALAMEDA.'
On MAY 1, 1996 before me, the undersigned, a Notary Public in and
for said State, personally appeared ARTHUR L. LORENZINI, JR
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the persons) whose name(B)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 signatures) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrmrient.
0
WITNESS my handan (ficial seal.
�. •:f� S.GARMAN D
Q COMM.1082909 0
-� NOTARY PUBLIC-CALIFORNIA ,C
• ALAMEOA COUNTY
Signature MY COMM.EXPIRES JAN.15,20M
rc
Name S. GARMAN
(typed or printed) (Seal)
r
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of 41PIA )
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:
[Notary's Seal]
Notary Public
4 ESAOpN KRONE G.RODURS V
(x +fl nl.#975992
{VOT4f�Y P1UC•CALIFORNIA
Santa Clara County
gltFO�N�, tly Comm.Expires Oct.25,1996 .a
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g:\fldctl\da\DA30ARBC.Agm (Rev 3/95)
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Exhibit "B" CY g
Calculation of Reimbursement Amount
Drainage Area: 30A
Development: Subdivision 7163
Developer: Claremont Homes
5726 Sonoma Drive
Pleasanton, CA 94566
Assessor's Parcel: 035-282-041 & 045
rains>:; »»;> <>
Lot Area # of Lots Fee Total
4,000 -4,999 s.f. 48 $1,200.00 $57,600.00
5,000 - 5,999 s.f. 1 $1,255.00 $1,255.00
0
6,000 - 6,999 s.f. 1 $1,310.00 $1,310.00
Total 50 $60,165.00
Drainage Fees Due $60,165.00
Eligible Construction Costs:
Tr
. ..............: .: ..;:........: .:..:.;::.;::.::.::.:.;:.;:.;
...:.....::;.::.. . in
........... . .. Ct.Wctrk.::::..::.::..
Description Quantity Unit Cost Total
11 30" RCP; Line A-7 242 LF $ 40.00/1,F $9,680.00
Sub-Total $9,680.00
Engineering (7%) 677.60
County Inspection (5%) 484.00
In-Tract Total $10,841.60
' `ysst3r 'iy'Gi4% > {> > i
Description Quantity Unit Cost Total
48" SRP; Line A-7 745 LF $59.00/LF $43,955.00
42" SRP; Line A-7 340 LF $54.00 EA $18,360.00
Special MH w/Fla ate 1 $21,860.00/EA $21,860.00
Type H MH 1 $1,900.00/EA $1,900.00
Type III MH 2 $2,300.00/EA $4,600.00
Import Fill (STA 12+40 to 715CY $12/CY $8,580.00
17+90
Sub-Total $99,255.00
Engineering (14%) 13,895.70
Right-of-Way 6,000.00
Caltrans Permit 5,760.00
County Inspection Fee (5%) 4,962.75
Off-Tract Total $129,873.45
Total Eligible Costs $140,715.05
Drainage Area Fees - 60,165.00
Eligible Costs Exceeding Fees $ 80,550.05
In-Tract Reimbursement @ 50% $ 3,102.88
Off-Tract Reimbursement @ 100% 74 343.95
0
TOTAL REIMBURSEMENT $ 77,446.83
JBB:kd:mg
gAfldct1\DMDA30Ab.EXB(6/95)
�TT "All
QRAnZkCE AREA =IT AND PO
Adopted June, 1989 N
The following policy adapted by the Board of Supervisors, as the goven i r7 bogy
of the Contra Costa County Flood Control arra Water Conservation District, shall
be used to determine credits and reimhursements as provided for in various
M7aimge Area Fee Ordinances.
I I=ONS:
1. Drainage Area Plan. The engineering plan which shows and lists the
size, length, and location of drainage facilities adopt-.ed for a
Drainage Area.
2. Drainage Area Fee Ordinances. An ordinance adopted for a Drainage
Area speC;*-3V the drainage fee necessary to complete construction of
the planned facilities.
3 Drainage Area Fee Oblicration. The drainage fee due on a development as
ined ft= the Drainage Area Fee Ordinance.
4. Eligible Costs. The cost of i recta 11 i n 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
oonstnxction costs may be applied as a credit against the drainage area
fee obligation.
8.. Payment to the developer, for the eligible cost of
in IIi- drainage area facilities in excess of the drainage area fee
obligation.
�. 6ENML: Installation ation of drainage facilities requixed 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 benefittiM properties and ensures,
thra3gh a system of fees, credits, and reiTahi rsement s, equitable financial
parti ni tion.
The- drainage fee ordJmanca creates a fee obligation on all properties
within the Drainage Area. The ordinance becomes operative upon a request to
1
develop or improve a pares of land. The draanage area fee obligation is
limited to the fee due and is payable either in the form of cash .cr the
in- aticn of a portion of the drainage facilities shcwn 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 irwosed by
the fee ordinance, a portion of the excess cos-,'- may be eligible for
�. Eligible Costs. A portion of the cost to install drainage facilities shown
on the adapted drainage area plan may be eligible for credit against the
required drainage fees and for Melof casts in excess of the
drainage fee obligation. Credit or reimbursement shall be limited to the
following eligible casts:.
1_ Actual in-tract arra off-tract construction costs plus a fixed amount of
7 percent of the in-tract construction cost and 14 percent of the off-
tract consttructicn cost for allowance of miscellaneous developer's
costs, including contract preparation, engineering, bonding, etc.
Canstsucticn casts 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 l l ation of drainage area facilities, provided the developer does
not have a beneficial interest in the off-tract property.
The determ4*dation of canstruction 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 c===rence with the bids, the lowest
bid shall be the basis for determination of the credit and 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 casts and the
fixed mar:Ja� using then current prices.
If the developer elects to ;*-stall a more costly drainage system than shown
on the adapted drainage area plan, the District reserves the right to
c
'ate said eligible costs using the then current prices for only the
facilities shown on the adopted plan.
IV. Ci dit. The developer may apply as a credit toward the drainage fee
obligation the eligible costs .to construct drainage area facilities.
2
17
V. Reimer nt.
A. Where the amount of said eligible costs exceed the drainage fee due,
the developer, upon entering into a refit agreement with the
District, shall be eligible for a percentage on the
amount of the eligible costs deta=mi_*ed by Section III. above, in
excess of the drainage fee due as follows:
Off-tract wonk: 100% (One Hundred Percent)
On-tract work 50% (Fifty Percent)
Prior to the application of the above percentages, the eligible costs
in ems of the drainage fee due shall be prorated between off-tract
work arra on-tract work in the same proportion as the total eligible
costs for off-t=act work and on-tract work are to the total eligible
costs.
B. The -imbtir sement. shat 1 be subject to the following limitations:
1. Painbursements shall be paid only r— drainage fees collected
pursuant to a Drainage Fee Ordinance.
2. If more than one reimbursement agreement is in effect in a
Drainage Area, the payment to each agreement shall
be based on the ratio of each agreement's original amount to the
total original amount of all agreements-
3- The District reserves the right to utilize not more than 80
percent of the drainage fees collected annually,i y, on a fiscal year
basis, for the purpose of making reimbursement payments.
4- Reinbursement payments shall be made. quarterly, except that,
dca-ing 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 remain in effect for 40 quartets.
The first quarter shall be the one foUcwing 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. Rei m_�asemerrt agreements executedrp i r to a goverment loan
shall share with the ga eament loan and other reimbursement
agreement(s) the payments calculated in paragraph B.2 above.
7. agreement(s) omaited subsevuent to a goverment
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 goloans) , rather
than be disbu sed to the subsegient reimbursement agreement(s) .
3
Upon full repayment of the government loan(s) , reimbursement
payments shall cue to the subsequent reimbursement
agreement(s) . The forty quarter time limit. for a subsequent
reimbuxsement agreement shall not start until the date the first
payment is made to the reizabursement agreement.
Vr. 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 reimim=sement agreement executed pursuant to
a different policy.
RSC:sj
OA:Rei=Polc
Match 8, 1990
4