The purpose of this chapter is to provide a means to reimburse
developers who install off-site improvements that may benefit other
properties.
(O94-040)
As used in this chapter, "off-site improvements" shall include
storm drain lines, water lines, and public streets.
As used in this chapter, "construction" shall include design,
acquisition of property, and engineering inspection as well as actual
construction. Administration and legal fees are included in the two
and one-half percent (Section 15.15.050) and are not reimbursable.
(O94-040)
A.
When a developer is required to install an off-site improvement which the Public Works Director determines could benefit other properties, the city may enter into an agreement to reimburse such developer for that portion of the cost of construction of the off-site improvement in excess of the developer's fair share contribution to such improvement in accordance with Section 15.51.040 hereof.
B.
No
such agreement shall be executed until the city, after duly noticed
public hearing, adopts a resolution or other enactment which sets
forth a description of the off-site improvement(s), the area of benefit,
the estimated cost, the method of apportionment, the fees to be imposed,
the time of collection of the fees, and such other matters as may
be required or convenient to include in such resolution.
C.
The
city shall require that developer prepare or pay for the preparation
of the notices, resolutions, estimates, studies, etc., reasonably
necessary or convenient to comply with the requirements of this section.
D.
The
Public Works Director shall review all material prepared and may require
such procedures as he or she deems necessary to ensure the reasonable
and accuracy of all information. The (estimated) costs for actual
construction shall reflect the bid of the lowest responsible bidder.
(O94-040)
Each reimbursement agreement authorized hereunder shall:
A.
Require
all costs of construction of the off-site improvement to be paid for
by the developer.
B.
Set
the term of reimbursement which shall not exceed 10 years from the
date of execution of the agreement by the city.
C.
Provide
that the City of Napa is an accommodator and not a guarantor of reimbursement
pursuant to the agreement; recognizing that other properties may not
develop during the term of the agreement, or new information or circumstances
including use or density changes may modify the assumptions underlying
the cost allocations.
D.
Provide
that the developer shall waive any claim against the city for any
shortfall in the amounts collected.
E.
Provide
that the developer shall indemnify, defend, release, and hold city
harmless from all and any claims, liabilities, actions, injuries,
and damages of any sort whatsoever, including attorneys' fees and
expert witness fees, which in any way arise out of or is connected
to the adoption and implementation of the resolution, reimbursement
agreement, the method of apportionment, collection and/or payment
of the funds. The reimbursement agreement may also include such additional
terms as may be advisable.
(O94-040)
At the time of execution of the agreement, developer shall pay
city a nonrefundable fee in the amount of two and one-half percent
of the estimated cost of actual construction to cover the city's cost
in administering the reimbursement agreement.
(O94-040)
The procedure provided for herein for developer reimbursement
is not intended to be exclusive or preempted of other procedures that
are available, or may become available, under state law or which the
city may choose to pursue by virtue of the California Constitution,
Article XI, Section 7 or the Napa City Charter.
(O94-040)
