2013/07/30 Riverside, County DIF Transportation Dept SUBMITTAL TO THE BOARD OF SUPERVISORS � Z
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: TLMA-Transportation Department SUBMITTAL. DATE:
July 18, 2013
SUBJECT: Development Impact Fee (DIF) Funding Transmittal Agreement with the City of
Menifee (City)
RECOMMENDED MOTION: That the Board of Supervisors:
1. Approve and execute the attached DIF Funding Transmittal Agreement to transfer DIF
funding from the County of Riverside (County)to the City; and
2. Direct the Executive Office to transfer $4,134,000 from DIF Fund 30519 Roads, Bridges,
and Major Improvements (Sun City/Menifee Area Plan 17)to the City.
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BACKGROUND: The DIF Program establishes and sets forth policies, regulations, and fees
imposed on new development within the county r ating to the funding and installation of public
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0 Director of Transportation and Land Management
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O Current F.Y.Total Cost: $ 4,134,000 In Current Year Budget: NA
FINANCIAL Current F.Y.Net County Cost: $ 0 Budget Adjustment: No
j DATA Annual Net County Cost: $ 0 For Fiscal Year: 201312014
X` SOURCE OF FUNDS: Development Impact Fee (DIF) (100%) Positions To Be
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a Deleted Per A-30
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There are no General Funds used in this project. Requires 415 Vote ❑
o C.E.O. RECOMMENDATION: APPROVE
u m
BY
in e
County Executive Office Signature
O O
a_ MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Ashley, seconded by Supervisor Stone and duly carried by
01 r- unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
O O
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El 0 Ayes: Jeffries, Tavaglione, Stone, Benoit and Ashley
Nays: None Kecia Harper-Them
Absent: None Cle f tpy fioard
o ,. y 3�0, 2013 BY'
Depu
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xc: rapap., .o.
Prev. Agn. Ref:` District: 315 Agenda Number:
Form11 (Rev071z007) ATTACHMENTS FILED 3 � 56
iA FI"T't 1 -7-! 1r- s-%1 'Y 3".IX ^r -7-r.4r nf%w P1M
The Honorable Board of Supervisors
Development Impact Fee (DIF) Funding Transmittal Agreement with the City of Menifee (City)
July 18, 2013
Page 2 of 2
facilities and acquisition of parks and open space necessary to address the direct and
cumulative environmental impacts generated by new development projects. The DIF Program
encompasses several Area Plans, of which the majority of Sun City/Menifee Area Plan (AP 17)
is now within the incorporated boundaries of the City. Since the incorporation of the City, the
County no longer collects DIF within the City's jurisdictional boundaries.
The DIFs collected within each Area Plan are comprised of several components, one of which is
the Transportation component for Roads, Bridges, and Major Improvements. The County
desires to transmit to the City the unallocated DIF funds collected for this Transportation
component within the applicable portion of Sun City/Menifee Area Plan (AP 17), and the City
desires to receive such funds subject to the condition that the funds be used towards the
construction of eligible Transportation component facilities within this Area Plan.
The understanding embodied in this agreement is for the transmittal of DIF funds by the County
to the City to be used solely toward the construction of those improvement projects in a manner
consistent with the listing of projects that fall within the city limits in the County DIF Public
Facilities Needs List for the Sun City/Menifee Area Plan cinder the Transportation component for
Roads, Bridges, and Major Improvements as set forth in Attachment"A" of this agreement.
The DIF funding agreement was approved by the Menifee City Council on May 28, 2013.
Project Number: NA
Contract No. L1 (a-00.9
Riverside Co. Transportation
DIF FUNDING TRANSMITTAL AGREEMENT
BY AND BETWEEN THE COUNTY OF RIVERSIDE
ON BEHALF OF THE TRANSPORTATION DEPARTMENT
AND
CITY OF MENIFEE
THIS DIF FUNDING TRA ITTAL AGREEMENT, ("Agreement"), is made and
entered into this]� ay of 2013, by and between the County of
Riverside, a political subdivision of he State of California (County), on behalf of its
Transportation Department, and the City of Menifee (City), a newly incorporated city within the
boundaries of the County of Riverside, and is made with reference to the following background
facts and circumstances:
WHEREAS, the County of Riverside adopted Ordinance No. 659, and subsequent
amendments, establishing the County's Development Impact Fee (DIF) Program; and,
WHEREAS, the DIF Program establishes and sets forth policies, regulations, and fees
imposed on new development in the County relating to the funding and installation of public
facilities and acquisition of parks and open space necessary to address the direct and
cumulative environmental impacts generated by new development projects; and,
WHEREAS, the DIF Program encompasses several Area Plans, of which the Sun
CitylMenifee Area Plan (AP 17) is now within the newly incorporated boundaries of the City;
and,
WHEREAS, the Development Impact Fees collected within each Area Plan are
comprised of several components, one of which is the Transportation component for Roads,
Bridges, Major Improvements; and,
WHEREAS, County desires to transmit to the City unallocated DIF funds collected for
the Transportation component for Roads, Bridges, Major Improvements fund within the Sun
CitylMenifee Area Plan (AP 17) and the City desires to receive such funds, subject to the
condition that the funds be used towards the construction of certain Transportation component
facilities within said Area Plan.
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the parties hereby agree as follows:
1. The above referenced Recitals are incorporated herein.
2 The understanding embodied in this Agreement is for the transmittal of DIF funds
by County to City to be used solely toward the construction of those improvement projects in a
manner consistent with the listing of projects that fall within the City limits in the County DIF
Public Facilities Needs List for the Sun CitylMenifee Area Plan under the Transportation
component for Roads, Bridges, Major Improvements as set forth in Attachment "A", Section
XVIII, items C.1 and C.2, attached hereto and incorporated herein by this reference.
3. City incorporated and began operation as a city according to all applicable rules,
regulations and laws of the State of California as of October 1, 2008.
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JUL 3 0 2013 ;�-C3(Q
4. Upon Tull execution of this Agreement, the County will transmit the amount of
Four Million One Hundred Thirty Four Thousand Dollars ($4,134,000) to the City.
5. The parties agree that should circumstances arise which result in additional work
or costs for the project(s) not covered by the funds transmitted herewith, City shall be solely
responsible to deal with the project costs. The County is neither required to nor responsible for
providing any additional funding for such projects.
6. City shall maintain an accounting of all funds received from County pursuant to
this Agreement in accordance with generally accepted accounting principles. City agrees to
keep all project records for a period of not less than three years from the date a notice of
completion is filed by the City on such projects; or, if the projects are not ones as to which a
notice of completion would normally be recorded, for three years from the date of completion.
City shall permit County or any other appropriate government agency, at any reasonable time,
upon reasonable notice, to inspect any records maintained in connection with the funds and
project(s). County shall have no duty to make any such inspection and shall not incur any
liability or obligation by reason of making or not making any such inspection.
7. No waiver of any event of default or breach by one party hereunder shall be
implied from any omission by the other party to take action on account of such default, and no
express waiver shall affect any default other than the default specified in the waiver and the
waiver shall be operative only for the time and to the extent therein stated. Waivers of any
covenant, term, or condition contained herein shall not be construed as a waiver of any
subsequent breach of the same covenant, term or condition. The consent or approval by one
party to or of any act by the other party shall not be deemed to waive or render unnecessary the
consent or approval to or of any subsequent or similar act.
8. Neither County nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by City under or
in connection with any work performed under the authority or jurisdiction of City in connection
with this Agreement. It is further agreed that pursuant to Government Code Section 895.4, City
shall fully indemnify and hold County harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by City under or in connection with any work performed under the authority or jurisdiction
of City in connection with this Agreement.
9. City shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives from any
liability whatsoever, based or asserted upon any act or omission of City, its officers, employees,
subcontractors, agents or representatives arising out of or in any way relating to or in any way
connected with any work done or this Agreement, including but not limited to property damage,
bodily injury, or death or any other element of any kind or nature whatsoever. City shall defend,
at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of
investigation, defense and settlements or awards, the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives in any
claim or action based upon such alleged acts or omissions.
10. With respect to any action or claim subject to indemnification herein by City, City
shall, at their sole cost, have the right to use counsel of their own choice and shall have the right
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to adjust, settle, or compromise any such action or claim without the prior consent of County;
provided, however, that any such adjustment, settlement or compromise in no manner
whatsoever limits or circumscribes City's indemnification to County as set forth herein. City's
obligation hereunder shall be satisfied when City has provided to County the appropriate form of
dismissal relieving County from any liability for the action or claim involved.
11. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by voluntary negotiations between the parties shall first be decided by the County
Transportation Director or designee, who may consider any written or verbal evidence submitted
by City. This decision shall be issued in writing. However, no action in accordance with this
Section shall in any way limit either party's rights or remedies through actions in a court of law
with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by County
will excuse City from performance in accordance with the terms of this Agreement.
12. City warrants that all aspects of the handling of the funds hereunder and the
project(s) associated therewith shall be undertaken in compliance with all applicable local, state
and federal rules, regulations and laws.
13. City, its successors in interest and assigns, shall be bound by all the provisions
contained in this Agreement.
14. City warrants that the funds received by City pursuant to this Agreement shall be
used in a manner consistent with all applicable regulations and laws. Any provision required to
be included in this type of agreement by federal or state law shall be deemed to be incorporated
into this Agreement.
15. All notices or other communications required or permitted hereunder shall be in
writing and shall be either personally delivered (which shall include delivery by means of
professional overnight courier service which confirms receipt in writing, such as Federal Express
or UPS); sent by telecopy or facsimile machine capable of confirming transmission and receipt;
or sent by certified or registered mail, return receipt requested, postage prepaid to the following
parties at the following addresses or numbers:
If to County: County of Riverside
Assistant Director of Transportation
4080 Lemon Street, 8f" Floor
P.O. Box 1090
Riverside, CA 92502-1090
Telephone: (951) 955-6740
Fax: (951) 955-3198
If to City: City of Menifee
City Clerk's Office
29714 Haun Road
Menifee, CA 92586
Telephone: (951) 672-6777
Fax: (951) 679-3843
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Notices sent in accordance with this paragraph small be deemed delivered upon the next
business day following the: (i) date of delivery as indicated on the written confirmation of
delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally
delivered by other means); (iii) date of transmission (if sent by telecopy or facsimile machine); or
(iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail,
return receipt requested. Notice of change of address shall be given by written notice in the
manner detailed in this paragraph.
16. This Agreement and the attachment(s) hereto contain the entire agreement
between the parties, and are intended by the parties to completely state the agreement in full.
Any agreement or representation respecting the matter dealt with herein or the duties of any
party in relation thereto, not expressly set forth in this Agreement, is null and void.
17. If any term, provision, condition, or covenant of this Agreement, or the application
thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of the instrument, or the application of such term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected thereby and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
18. In the event either party hereto brings an action or proceeding for a declaration of
the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action
arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in
any such action shall be entitled to an award of reasonable attorneys' fees and costs incurred in
such action or proceeding, in addition to any other damages or relief awarded, regardless of
whether such action proceeds to final judgment.
19. This Agreement and all documents provided for herein shall be governed by and
construed in accordance with the laws of the State of California. Any litigation arising from this
Agreement shall be adjudicated in the courts of Riverside County, State of California.
20. City warrants that the execution, delivery and performance of this Agreement and
any and all related documents are duly authorized at time of execution and do not require the
further consent or approval of any body, board or commission or other authority.
21. This Agreement may be executed in one or more counterparts and when a
counterpart shall have been signed by each party hereto, each shall be deemed an original, but
all of which constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their duly authorized representatives on this date.-
COUNTY OF RIVER DE CITY OF ME
I &'�'
By: By:
J H . BENO1T
C irman, Efoard of Supervisors Scott A. Mann, Mayor
ATTEST: ATTEST:
Kecia Harper-Them Kathy Bennett
Cler of the Board City Clerk
By By: IWO&CUt ._
eputy
(Seal)
APPROVED AS TO FORM: APPROVED AS TO FORM:
Pamela J. Walls Julie Hayward Biggs
County Counsel y City Attorney
By. 17c`r A.C-.rd-er
By:
Deputy County Counsel
5
ATTACHMENT "A"
COUNTY OF RIVERSIDE
DIF PUBLIC FACILITIES NEEDS LIST
SUN CITYIMENIFEE AREA PLAN (AP No. 17)
[Attached Behind this Page]
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