HomeMy WebLinkAbout06-20-2017 Item 09 Approval of a reimbursement agreement with Ambient Communities for Offsite and Oversized Public Improvements associated with Orcutt Area Specivic Plan Devevelopment Projects Meeting Date: 6/20/2017
FROM: Michael Codron, Community Development Director
Prepared By: David Watson, Contract Planner
Diane Dostalek, Senior Civil Engineer
SUBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH AMBIENT
COMMUNITIES FOR OFFSITE AND OVERSIZED PUBLIC
IMPROVEMENTS ASSOCIATED WITH ORCUTT AREA SPECIFIC PLAN
DEVELOPMENT PROJECTS
RECOMMENDATION
Adopt a resolution approving a Reimbursement Agreement (Attachment C) for the construction of
specific public improvements by Ambient Communities that benefit other Orcutt Area Specific Plan
(OASP) property owners, authorize the Mayor to execute said Agreement, and authorize the Public
Works Director to implement said Agreement.
REPORT IN BRIEF
Ambient Communities, the developer of the Righetti Ranch, Jones, Imel and Pratt(1)
subdivisions is conditioned to construct numerous public improvements in order to develop their
property. As the first developer coming forward in the OASP, Ambient is bearing an upfront
share of the cost to construct the backbone infrastructure that serves other benefiting properties
in the OASP. When a developer is required to construct offsite or oversized improvements,
Section 16.20.110 of the San Luis Obispo Municipal Code allows the developer to request a
reimbursement agreement with the City to identify those benefitting properties and seek future
reimbursements from them for these improvement costs. As those other properties develop, the
City will attempt to collect a prorated share of the cost of the improvements and then use those
funds to reimburse the original developer who fronted the costs.
A reimbursement agreement and an estimate of the costs allocated to each benefitting property is
being presented to Council for approval. These reimbursable costs are estimates and will not be
collected until documentation of final costs are provided by Ambient. Pursuant to the Municipal
Code, reimbursements shall be made only when the city collects money from the developers of
new projects and failure or error by the city resulting in funds not being collected will not subject
the city to any liability, obligation or debt owed the original developer. The reimbursement
agreement expires in 15 years. The affected property owners have been notified of the proposed
reimbursement agreement.
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DISCUSSION
Background
Ambient Communities has secured various rights of development including Vesting Tentative
and Final Tract Map approvals for the construction of residential communities within the OASP
area. They have acquired four projects in the area commonly referred to as “Righetti Ranch”,
“Jones”, “Imel” and “Pratt(1)”. Ambient is undergoing final map review and approval, public
and private infrastructure improvement plan review, and construction. See Attachment A for a
vicinity map.
As a part of the various approvals noted, Ambient Communities has been conditioned to
complete a host of public infrastructure projects, including roadways, parks, pedestrian and
bicycle paths, water and wastewater utilities, extension of recycled water services and other
improvements to serve this developing neighborhood. These improvements are needed for the
orderly development of the OASP area, and are consistent with the 2010 OASP, Final EIR and
Public Facilities Financing Plans approved by City Council as a “blueprint” for development in
this area. Since Ambient’s developments are “first in” and being constructed prior to other
projects in the OASP area, Ambient has the burden of providing considerable backbone
infrastructure to this area. Portions of this infrastructure also benefit and serve other future
developments outside of the Ambient projects.
Section 16.20.110 of the City’s Municipal Code provides for the possibility of reimbursement
“Whenever improvements are required to be installed adjacent to property other than that being
developed or in greater size or capacity than that required for the development of the property
under consideration.”
Infrastructure Financing
An integral part of the OASP is a Public Facilities Financing Plan (PFFP) that outlines a strategy
for the timely completion of public infrastructure and private improvements to serve the
developing neighborhoods. The heart of the OASP PFFP strategy is based upon a “pay-as-you-
go” philosophy rather than issuing debt to fund infrastructure, which is designed to balance the
cost of mitigating infrastructure with the financial resources available from each new
development. This strategy includes three (3) funding mechanisms to support implementation of
these improvements:
1. An OASP PFFP Impact Fee that is collected from each development project to
fund shared responsibility improvements consisting of backbone roadways, parks,
pedestrian and bicycle paths that benefit all properties within the OASP;
2. Direct developer funding to complete project specific public and private
infrastructure that is integrated into the overall improvements network but not
needed for other development to occur; and,
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3. In some cases, “first in” private developer advance financing of both PFFP and
private infrastructure improvements that are to the partial or exclusive benefit of
other OASP property owners. In the case of improvements completed by
Ambient that benefit other property owners within the OASP, under their
conditions of approval a “Reimbursement Agreement” can be pursued to ensure a
“fair share” contribution back to Ambient is provided by those benefitting owners
when they elect to develop their properties.
Coordination of timing and cost-sharing arrangements for these improvements is particularly
challenging. That challenge is a result of the lack of certainty regarding which property owners
within the OASP may wish to pursue development of their respective properties, and how each
property “fits into the whole” of the OASP infrastructure network. This “phasing” of
infrastructure facility improvements was anticipated in the OASP and PFFP plans, and is
essentially being taken to the next level of detailed implementation by this proposed
Reimbursement Agreement action.
Specific Proposals by Ambient Communities
In the case of Ambient Communities, their initial phases include development of the Righetti
Ranch, Jones and Imel properties. Infrastructure planning and engineering review has been
active since their first subdivisions were approved in 2015. City approval of their final map and
improvement plans is nearing completion. To meet their project conditions, and work within the
PFFP “pay-as-you-go” philosophy, Ambient proposes the following financing plan to complete
initial infrastructure investments:
1. Ambient will complete PFFP-identified roadway, parks and pathway
infrastructure improvements as part of their initial construction. Impact fee
credits will be made available to Ambient for the costs of these improvements
applied to their share of the PFFP Impact Fees otherwise du e at building permit
issuance; and
2. Reimbursements to Ambient from available PFFP impact funds paid by other
OASP developments will occur as fees are collected and after prior obligations
are retired. Said prior obligations include an existing reimbursement agreement
approved by City Council on November 15, 2005, with Orcutt Associates, LLC
for advancing roadway improvements to widen Orcutt Road from two to four
lanes across the Union Pacific Railroad crossing and construct improvements at
the intersection of Laurel Lane; and
3. For those eligible public infrastructure improvements not covered by the OASP
PFFP, such as water, sewer and certain roadways, a “Reimbursement Agreement”
that would allow the City to collect reimbursable costs from other benefitting
owners when they choose to develop their land.
Evaluation of Proposed Ambient Communities “Reimbursement Agreement”
City staff worked with Ambient Communities to develop a Reimbursement Agreement (RA)
subject to criteria established in the City Municipal Code. Ambient provided the supporting
documentation identifying which infrastructure projects constructed by Ambient were outside the
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PFFP and, in their view, benefitted other OASP property owners in whole or in part. Ambient
also provided estimates of costs for the design, permitting and construction of this infrastructure,
along with their initial take on how the costs of these improvements would be allocated to the
other OASP properties.
Over the past several months, staff has worked closely with Ambient to refine both the scope of
these public infrastructure projects and the “fair share” allocation of benefit to other OASP
properties. The result is a draft Resolution (Attachment B) and Reimbursement Agreement
(Attachment C) for Council approval.
Various components of the Reimbursement Agreement are summarized below.
“Excess Public Improvements”
This terminology has been used in the RA to identify those public improvements that are
not otherwise covered by the PFFP infrastructure facility improvement program, and that
could be subject to reimbursement from other OASP properties. Exhibit “A” of the RA is
a summary of the eight (8) Excess Public Improvements that Ambient proposes to build
“up front” with their projects and seeks partial reimbursements from the other owners as
they develop their properties. The Excess Public Improvements are graphically shown on
Attachment D of this agenda report. The benefitting properties and their respective
densities and allocated infrastructure projects are noted graphically in Exhibit “B” of the
RA.
These improvements include off-site water main extensions to the OASP area (Projects
1a and 1b), internal public water mains, recycled water lines and sanitary sewer mains
(Projects 2, 3 and 4) that would be constructed under roadways built by Ambient but that
would connect to other properties (done to avoid having to cut open and repave the
streets if these improvements were otherwise deferred) and Orcutt frontage road
improvements (Projects 6a, 6b and 7).
RA Term
Pursuant to the SLO Municipal Code, the term of this RA will last 15 years. At the end
of this term, the Agreement would expire and no further rights to reimbursement would
be available to Ambient.
Exhibit “A” Costs Are Estimates, to be Confirmed After Completion of
Construction
The estimates of costs for each of the eight (8) projects were developed by Ambient. The
RA provides that following the completion of each eligible improvement, Ambient will
provide proof of reimbursable costs and the City will be exclusively responsible for
determining the final reimbursable costs for each improvement.
The Director of Public Works will be empowered to implement the RA on behalf of the
City. Decisions of the Director on reimbursable amounts will be considered final.
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Bids to be Provided by Ambient Prior to Construction
As a means of “checks and balances”, bids will be solicited by Ambient and submitted
for review by the City prior to commencing construction of the Excess Public
Improvements. This clause is intended to provide some assurance that the reimbursable
costs listed on Exhibit “A” to the RA are reasonable, and that Ambient has secured
non-collusive bids for the work.
If there is significant variation between the bids secured by Ambient and their en gineer’s
estimates as reflected in Exhibit “A,” revisions to Exhibit “A” will be considered by the
Director and finalized prior to commencing construction on the reimbursement-eligible
projects (Paragraph 8c).
Collection of Reimbursements (Timing and Allocation per Unit)
Reimbursement from benefitting properties will occur on a per unit basis through
collection of reimbursable costs. The per-unit reimbursable amount is identified on
Exhibit “A” of the RA and is based on the OASP densities established for each
benefitting owner, except for the Taylor/Muick subdivision. The new owner of that
particular subdivision is proposing to construct less units than originally planned, so
Exhibit “A” has been revised to reflect their newly proposed unit count.
Section 11 of the RA states that the City shall attempt to collect reimbursements from
benefitting properties prior to the earlier of Final Map recordation or building permit
issuance of the benefitting property, provided that the Excess Public Improvement is
completed and all required documentation is submitted to verify the cost of the
improvement.
In the event that a benefitting owner elects to develop their property at lower density,
Ambient may request that the City revise Exhibit “A” of the RA to redistribute the
shortfall to other benefitting properties that have not yet developed. There is nothing in
the RA that requires the City to revise Exhibit “A” and the City has indicated to Ambient
that it will consider revisions to Exhibit “A” only sparingly. In the case where revisions
are warranted, such as when the actual cost of the improvements varies significantly from
the estimated cost or when a benefitting property develops a significantly more or less
number of units than originally planned, then Section 4 of the RA gives the Public Works
Director ultimate authority to determine any deviations from Exhibit “A”.
City to be Reimbursed for Costs to Implement RA
Ambient will reimburse the City for its costs to determine the reimbursable amount per
Section 9 of the RA.
Indemnification
The City will be indemnified, defended and held harmless by Ambient for implementing
this Agreement and will bear no cost or liability if it fails to collect funds or reimbursable
costs from the benefitting properties.
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Public Outreach
Staff contacted all the affected property owners either by email or letter notifying them of the
impending reimbursement agreement and the impacts on each property owner. As of June 8,
2017, staff has received input or questions from three property owners: Paul Fiala, Beverly
Pratt and Andy Mangano of SLO Orcutt LLC (the developer of the Taylor/Muick subdivision
Tract 3044).
Mr. Fiala wanted confirmation that if he didn’t develop his property, then he wouldn’t have
to pay any reimbursements. That assumption was confirmed by City staff. He also wanted to
know what would happen if he didn’t develop but wanted to connect his existing house(s) to
City domestic and recycled water. If that were the case, he would have to pay the per unit fair
share cost to Ambient for whatever Excess Public Improvement he is utilizing, provided the
RA has not yet expired.
Mr. Mangano wanted assurances that the final reimbursable amount to be paid by his
development would be based on the number of actual units being constructed, not on the
number of units allowed in the tentative map approvals or in the OASP. Staff confirmed that
the reimbursements would be collected on a per unit basis for the actual number of units
being constructed. However, the per unit amount may be proportionally increased or
decreased dependent upon the final cost of the Excess Public Improvements and revisions to
number of units being proposed.
Ms. Pratt, the owner of the Pratt(2) parcel, asked for and received additional clarification on
how the costs were distributed. Like Mr. Mangano, she also wanted clarification that the
amount paid would be based on the number of units actually constructed, not the overall
percentage assigned to her property.
CONCURRENCES
The Public Works Department and Utilities Department concur with the recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan (OASP) and an associated Final Environmental Impact Report
(FEIR) were approved and certified in March 2010. Implementation of the Public Facil ities
Financing Plan (PFFP), including actions such as the appended “Infrastructure Reimbursement
Agreement”, were anticipated as part of the approval of the OASP (see OASP Section 8 Public
Facilities Financing) to secure needed infrastructure in supporting orderly growth in the OASP
Planning Area. Further environmental review was performed with Mitigated Negative
Declarations for the Righetti, Jones, Imel, and Taylor/Wingate subdivisions. Additional
environmental review will be required for Pratt(1) when a development application is submitted.
Approval of this Reimbursement Agreement would not result in any new environmental impacts
that were not previously addressed in the certified OASP FEIR and subsequent tiered
environmental documents. Therefore, no further environmental review is required for this action.
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FISCAL IMPACT
There is no financial impact to the City associated with adopting and implementing the
Reimbursement Agreement. All costs to implement and indemnify shall be borne by Ambient.
Pursuant to the Municipal Code, reimbursements shall be made only when the city collects
money from the developers of new projects and failure or error by the city resulting in funds not
being collected will not subject the city to any liability, obligation o r debt owed the original
developer.
ALTERNATIVES
Continue Consideration of the Proposed Reimbursement Agreement Pending Additional
Information Required. Council may elect to continue consideration of the Reimbursement
Agreement in order to provide additional clarifications or information needed to render a
decision. Should Council elect this alternative, direction should be provided to staff as to the
additional information needed for Council consideration.
Deny Approval of the Reimbursement Agreement. Council may elect not to approve the
Reimbursement Agreement if findings are made that the RA is inconsistent with the conditions
of approval for the Ambient tract map approvals, and/or the RA is inconsistent with San Luis
Obispo’s Municipal Code regarding facilities and improvements benefitting adjacent properties
and/or oversizing and excess facilities do not in fact benefit other parties. Therefore, denying
approval of the Reimbursement Agreement is not a recommended alternative unless the required
findings are made.
Attachments:
a - Vicinity and Ownership Map
b - Resolution Approving Reimbursement Agreement
c - Reimbursement Agreement
d - Excess Public Improvements plat
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Righetti
Ranch
Approved
2015
Imel
Approved
2017
Jones
Approved
2015
West
Creek
Approved
2016
Taylor-
Muick
Approved
2013
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R _____
RESOLUTION NO. (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH AMBIENT COMMUNITIES FOR OFFSITE AND
OVERSIZED PUBLIC IMPROVEMENTS ASSOCIATED WITH ORCUTT
AREA SPECIFIC PLAN DEVELOPMENT PROJECTS
WHEREAS, Ambient Communities, aka Righetti Ranch LP, a Delaware limited partnership,
has made application for the approval of an “Infrastructure Reimbursement Agreement” concerning
the development of residential projects in the Orcutt Area Specific Plan (OASP) Planning Area; and
WHEREAS, Ambient Communities has secured various approvals to construct said
residential communities subject to conditions of approval that require the orderly and timely
completion of public infrastructure improvements to support growth within the OASP; and
WHEREAS, there are certain public improvements associated with the Ambient projects that
include public improvements that must be installed on adjacent properties and/or are greater in size
and capacity than required to serve only the Ambient projects (“Excess Public Improvements”),
thereby qualifying said Excess Public Improvements for reimbursement as set forth in San Luis
Obispo Municipal Code Section 16.20.110; and
WHEREAS, Ambient Communities has presented estimates of the costs to design, permit
and construct said Excess Public Improvements, as well as detailed breakdowns of the adjacent and
nearby properties that may benefit from the installation of the Excess Public Improvements; and
WHEREAS, the approval of a Reimbursement Agreement will assist in the orderly and
timely completion of public infrastructure within the developing Orcutt Area Specific Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The “Infrastructure Reimbursement Agreement” is hereby approved, and the
Mayor is authorized to approve minor revisions and execute said Agreement on behalf of the City.
SECTION 2. The Public Works Director is authorized to administer and implement the
“Infrastructure Reimbursement Agreement” as provided therein.
SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
SECTION 4. Environmental Review. The Orcutt Area Specific Plan (OASP) and an
associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010.
Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the
appended “Infrastructure Reimbursement Agreement”, were anticipated as part of the approval of
the OASP (see OASP Section 8 Public Facilities Financing) to secure needed infrastructure in
supporting orderly growth in the OASP Planning Area. Further environmental review was
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Resolution No. (2017 Series) Page 2
R _____
performed with Mitigated Negative Declarations for the Righetti, Jones, Imel, and Taylor/Wingate
subdivisions. Additional environmental review will be required for Pratt(1) when a development
application is submitted. Approval of this Reimbursement Agreement would not result in any new
environmental impacts that were not previously addressed in the certified OASP FEIR and
subsequent tiered environmental documents. Therefore, no further environmental review is
required for this action.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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INFRASTRUCTURE REIMBURSEMENT AGREEMENT
(Righetti Ranch and Jones Ranch-Vesting Tentative Maps 3063 and 3066)
This Infrastructure Reimbursement Agreement ("Agreement") is entered into this _____
day of ________, 2017 (the "Effective Date"), by and between the City of San Luis Obispo, a
municipal corporation and charter city ("CITY") and Righetti Ranch L.P., a Delaware limited
partnership ("DEVELOPER"). The CITY and DEVELOPER are sometimes hereinafter referred
to individually as a "party" and collectively as "parties."
RECITALS
WHEREAS, DEVELOPER is currently developing a residential project in the City of San Luis
Obispo, California, pursuant to approved Vesting Tentative Tract Map 3063 for property known
as the "Righetti Ranch", and approved Vesting Tentative Map 3066, for property known as the
"Jones Ranch." The development of both the Righetti Ranch and Jones Ranch are jointly referred
to hereinafter as the "Project"; and
WHEREAS, the Project is subject to various City requirements and conditions of approval,
including but not limited to, those of the Vesting Tentative Maps, the Orcutt Area Specific Plan
("Specific Plan") and the Specific Plan's Final Environmental Impact Report ("FEIR"); and
WHEREAS, some of the conditions of approval of the Project require DEVELOPER to install
certain street, water, wastewater and other public infrastructure improvements ("Public
Improvements"); and
WHEREAS, in order to develop the Project, and to connect to existing CITY infrastructure, some
of the Public Improvements are required to be installed adjacent to property other than that being
developed by DEVELOPER or in greater size or capacity than that required for the development
of the Project ("Excess Public Improvements"), and may be eligible for reimbursement under San
Luis Obispo Municipal Code ("SLOMC") Section 16.20.110; and
WHEREAS, CITY and DEVELOPER wish to identify the Excess Public Improvements that
may be eligible for reimbursement and their estimated costs ("Reimbursable Costs"); identify the
properties that are not within the Project site development area that benefit from the Excess
Public Improvements (individually a "Benefitted Property" and collectively "Benefitted
Properties") and each property's prorated share of the Public Improvement costs, and define the
respective rights and obligations of the parties under this Agreement; and
WHEREAS, DEVELOPER is paying for the construction and/or installation of the Public
Improvements, with the development of the Project. DEVELOPER is eligible to be reimbursed
for the Reimbursable Costs, to the extent and on the terms and conditions set forth in this
Agreement.
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AGREEMENT
Subject to the terms and conditions set forth below, the parties agree as follows:
1. Recitals. The above recitals are true and correct. The recitals set forth above, and all
defined terms set forth in such recitals and in the preamble preceding the recitals, are hereby
incorporated into this Agreement as though set forth in full.
2. Term. This Agreement shall expire fifteen (15) years from date of execution. After such
expiration, all of the rights of DEVELOPER shall be null and void and DEVELOPER shall
have no further right to reimbursement for any Reimbursable Costs or interest.
3. Construction of Public Improvements. DEVELOPER shall construct the Public
Improvements to CITY's satisfaction pursuant to all CITY standard specifications and rules
and regulations and per the approved plans, and any approved alterations thereto, on file at
the CITY. CITY shall issue to DEVELOPER an encroachment permit for any Public
Improvements occurring within the CITY's right of way subject to reasonable terms and
conditions. Through the execution of this Agreement, the Parties have identified the Public
Improvements and the estimated costs that are subject to reimbursement, the designated
Benefitted Properties (as defined below) and each Benefitted Properties' prorated share of
the documented Reimbursable Costs, as specified in Exhibit "A," discussed below in
Section 4 of this Agreement.
4. Reimbursable Costs. The Excess Public Improvements and each of the Benefitted
Properties’ prorated share of related Reimbursable Costs are shown on Exhibit "A,"
attached and incorporated by this reference. The prorated shares and Reimbursable Costs
are estimates prepared by DEVELOPER's engineer. The actual amount that DEVELOPER
shall be reimbursed for will be determined in accordance with Section 8 and this Section.
Reimbursable Costs also shall include (i) DEVELOPER's reasonable out-of-pocket costs
incurred in acquiring off-site interests of property needed to construct the Excess Public
Improvements, including the fair market value of the acquired property and associated
reasonable closing costs, but shall not include any charges for time incurred by anyone on
DEVELOPER's behalf. These costs are subject to approval by the City prior to final
acquisition expense; and (ii) Costs DEVELOPER is required to pay and pays CITY for
processing and approving all plans, designs and specifications of the Excess Public
Improvements, including all permitting costs; and (iii) CITY's costs specified in Section 9
of this Agreement. Each of the Benefitted Properties' prorated share of the Reimbursable
Costs is subject to further review and approval by the CITY's Director of Public Works
("Director") at any time prior to collection. If the Director issues a determination or
approval which deviates from Exhibit "A", the Director shall attempt to meet and confer
with DEVELOPER in an attempt for the Parties to mutually agree to such deviations from
Exhibit "A." If the Parties cannot agree to such deviations within thirty (30) days of the
Director's invitation to meet and confer, the Director shall have ultimate authority to
determine any deviation from Exhibit "A."
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5. Benefitted Properties. CITY and DEVELOPER agree that the Excess Public
Improvements significantly benefit the Benefitted Properties. The Benefitted Properties
are deemed to be any and all parcels of land that lie within the Reimbursement Area shown
on Exhibit "B."
6. Reimbursement/Withholding in Event of Protest/Offset.
a. Subject to the terms and conditions hereof, CITY will in good faith attempt to
collect from the Benefitted Properties a prorated share of the documented
Reimbursable Costs, as shown on Exhibit "A", or as otherwise determined by the
Director in accordance with Section 4. CITY shall not be required to reimburse
more money than it actually collects. Failure or error by CITY to collect funds or
Reimbursable Costs will not subject CITY to any liability, obligation, or debt to
DEVELOPER, its successors or assigns. Notwithstanding the foregoing, subject to
the provisions of Section 6(b) and (c) of this Agreement, CITY shall reimburse
DEVELOPER pursuant to the terms of this Agreement for all funds or
Reimbursable Costs actually collected by the CITY. If CITY does not reimburse
DEVELOPER after CITY collects such payments from the owners or developers
of Benefitted Properties, DEVELOPER shall be entitled to exercise all legal
remedies.
b. If any owner or developer of one or more of the Benefitted Properties pays all or a
portion of the Reimbursement Costs under protest, CITY shall not be required to
make reimbursements under this Agreement until the limitation period for
instituting court action to seek a refund of such funds paid under protest has passed,
and no court action ("Action") has been instituted. If an Action is instituted seeking
refund of funds paid under protest, or to prevent CITY from collecting such funds,
or challenging any provision of this Agreement, CITY shall not pay over such funds
to DEVELOPER until the Action has been finalized and the authority of CITY to
collect such funds and reimburse DEVELOPER has been sustained. CITY shall
promptly notify DEVELOPER in writing of the Action. CITY shall reasonably
support DEVELOPER's efforts to participate as a party to the Action, to defend the
Action or settle the Action. Furthermore, CITY shall have the right to turn over the
defense of the Action to DEVELOPER. If, within fifteen (15) days of CITY
mailing a notice in compliance with Section 18 below requesting that
DEVELOPER defend the Action, DEVELOPER fails to undertake the defense of
the Action at DEVELOPER's sole cost and expense, CITY may stipulate to return
of the funds so paid under protest, to cease collecting such funds, or enter into any
other settlement of the Action acceptable to CITY and DEVELOPER shall lose any
right to reimbursement under this Agreement of the amount contested in the Action.
DEVELOPER shall reimburse CITY for its costs and attorneys' fees incurred in
defense of the Action, including reasonable payment for legal services performed
by the CITY's City Attorney, and for any liability CITY incurred in the Action, and
such costs, fees and liability shall not be Reimbursable Costs. In addition, if CITY
fails to impose a requirement upon development projects proposed by owners or
developers of the Benefitted Properties, to pay their respective prorated share of the
Reimbursable Costs, as specified in Exhibit "A" or as determined by the Director
under Section 4 of this Agreement, or fails to collect such funds, DEVELOPER
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may exercise all of its legal rights to attempt to collect such funds from the
Benefitted Properties, which legal rights shall not be interpreted to include an action
against the CITY. In the event DEVELOPER attempts to collect such funds from
the Benefitted Properties, CITY shall assign to DEVELOPER all of its rights to
collect such funds under this Agreement.
c. Offset. CITY reserves the right to offset any Reimbursable Costs it collects against
any unpaid fees, debts or obligations of DEVELOPER to CITY. CITY shall provide
DEVELOPER with notice, in accordance with Section 18, of CITY's intent to offset
any collected Reimbursable Costs against unpaid fees, debts or obligations
described in the notice, and provide DEVELOPER with a reasonable opportunity
to cure.
7. Bids for Installation of Public Improvements. In order to assure the Benefitted Properties
that the costs of construction of the Excess Public Improvements are reasonable, prior to
commencing construction of the Public Improvements, DEVELOPER shall obtain at least
three (3) non-collusive bids for construction of the Public Improvements, and provide
copies to CITY. DEVELOPER is not required to accept any particular bid. However,
when DEVELOPER provides CITY with evidence of actual costs under Section 8,
DEVELOPER must justify to CITY's reasonable satisfaction the selection of one of the
higher bids if the difference between the bids is substantial and/or above the engineer's
estimate set forth in Exhibit "A." As part of the bid packages both contractor and
DEVELOPER shall provide Non-Collusion Affidavits in a form approved by the City
Attorney.
8. Proof and Due Date of Reimbursable Costs.
a. DEVELOPER shall provide CITY with evidence of the actual costs of each of the
Public Improvements in the form of receipted bills, canceled checks, and contracts.
All invoices or other documentation requested by CITY to confirm DEVELOPER's
actual costs of the Public Improvements shall be submitted to CITY within sixty
(60) days of the CITY's acceptance of the respective Public Improvement.
Approval of Reimbursement Costs may occur in phases as projects are accepted by
CITY. Failure to timely submit evidence shall void this Agreement with respect to
that portion of the Public Improvements for which documentation is not timely
filed.
b. Failure to submit evidence sufficient to enable CITY to determine that costs were
properly allocated to a specific Public Improvement shall void DEVELOPER's
right to reimbursement for that Public Improvement. DEVELOPER shall be
deemed to have failed to submit sufficient evidence if, as soon as reasonably
possible after DEVELOPER's original timely submission of evidence, CITY
notifies DEVELOPER, in writing, that the documentation submitted is inadequate,
and after CITY provides such written notice, DEVELOPER thereafter fails to
respond to such notice within sixty (60) days. If DEVELOPER complies with the
deadlines specified in this Section 8(b), such a process shall be repeated until CITY
determines it has adequate documentation to reimburse DEVELOPER or
DEVELOPER has no new documentation to provide to CITY.
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c. Regardless of DEVELOPER's claimed costs incurred in constructing the Excess
Public Improvements, CITY has the authority, through its Director or designee, in
the exercise of his or her reasonable discretion, to determine the amount subject to
possible reimbursement for each Excess Public Improvement. The purpose of this
provision is to prevent unrelated, unjustified, unreasonable or excess costs from
being passed on to the Benefitted Properties, and to ensure that DEVELOPER
exercises reasonable control over costs of construction. If the Director disapproves
any of DEVELOPER's claimed costs, the Director shall attempt to meet and confer
with DEVELOPER to resolve the dispute. If the Parties cannot resolve the dispute
within thirty (30) days of the Director's invitation to meet and confer, the Director
shall have ultimate authority to determine the amount subject to possible
reimbursement.
9. Payment of City Costs to Determine Reimbursable Amount. DEVELOPER shall reimburse
CITY for CITY's actual costs incurred in determining the amount subject to possible
reimbursement, including time and materials. Time/labor costs shall include benefits.
10. Reduction of Reimbursable Costs by Other Reimbursements. DEVELOPER may enter into
agreements with other property owners or developers of the Benefitted Properties or others,
addressing DEVELOPER's right to reimbursement resulting from DEVELOPER's
oversizing or construction of Public Improvements that will benefit development of those
other properties. To the extent DEVELOPER enters into such agreements or receives
payment or consideration from others for costs that are otherwise "Reimbursable Costs"
under this Agreement, such payments or consideration will be credited against the
Reimbursable Costs otherwise due DEVELOPER under this Agreement. Notwithstanding
the foregoing, DEVELOPER has no obligation to attempt to pursue reimbursement from
other property owners or developers of the Benefitted Properties.
11. Timing of Reimbursement/Payment/Interest. Contingent upon completion and CITY's
acceptance of the Public Improvements, and DEVELOPER's timely submission and
CITY's approval of all invoices or other documentation as set forth in Section 8 above, and
subject to Section 6, CITY shall attempt to collect from each of the Benefitted Properties,
prior to the earlier of Final Map recordation or building permit issuance, its respective
prorated share of the Reimbursement Costs, plus interest at two percent (2%) per year from
the date the CITY accepts the Public Improvement subject to reimbursement under this
Agreement. Any amount of Reimbursement Costs CITY collects shall be sent to
DEVELOPER within thirty (30) days of receipt, subject to the provisions of Section 6.
a. All reimbursements shall be by check or warrant made payable to: Righetti Ranch
L.P. and mailed to: 179 Calle Magdalena, #201, Encinitas, CA 92024.
12. Indemnification. DEVELOPER agrees to indemnify, defend and hold CITY, its officials,
agents, employees and contractors, harmless from any expense, liability or claim for death,
injury, loss, damage or expense to persons or property which may arise or is any way
related to: DEVELOPER's design or construction of the Public Improvements; or
DEVELOPER's performance under this Agreement, or that of its contractors or agents; or
Packet Pg 121
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from DEVELOPER's failure to pay prevailing wages for the construction of the Public
Improvements or comply with applicable provisions of the Labor Code; or any litigation
or Action under Section 6 or Section 7. Notwithstanding the foregoing, DEVELOPER
shall have no duty to indemnify CITY for any expense, liability or claim for death, injury,
loss, damage or expense to persons or property which may arise from the sole negligence
or willful misconduct of CITY, officials, agents, employees and contractors.
DEVELOPER's indemnity obligations of this Section 12 shall expire at different times and
may extend beyond expiration or termination of this Agreement. With regard to the
construction of a specific Public Improvement, the indemnity obligation shall expire one
(1) year after CITY's acceptance of that Public Improvement; provided, if CITY requests
DEVELOPER to repair or replace any portion of a Public Improvement within one year
of acceptance, DEVELOPER's indemnity obligation relating to the repaired or replaced
portion of the Public Improvement shall extend for one (1) year commencing from date of
the City’s acceptance of the repair or replacement. The Parties anticipate that
DEVELOPER may construct, and CITY may accept, the Public Improvements, in multiple
phases, at different times and that the indemnity obligations under this section may be
staggered. With regard to any lawsuit or claim filed under Sections 6, 7 or 13, the
indemnity obligation with regard to any such lawsuit(s) or claim(s)shall extend until final
resolution of the lawsuit(s)or claim(s) and satisfaction of City’s related liability, loss and
expense.
13. Labor laws and Prevailing Wages. DEVELOPER shall comply with and adhere to all
applicable labor laws, which may include payment of prevailing wages, nondiscrimination,
payroll records, apprentices, etc. It shall be DEVELOPER's responsibility to determine
the applicability of prevailing wage and other Labor Code provisions to DEVELOPER's
construction of the Public Improvements. DEVELOPER assumes all financial
responsibility for adverse prevailing wage actions or determinations.
14. Entire Agreement/Amendment. This Agreement represents the entire integrated agreement
between the CITY and DEVELOPER regarding reimbursement for the Excess Public
Improvements, and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by a written instrument signed by
both CITY and DEVELOPER.
15. Governing Law and Venue. The interpretation and implementation of this Agreement shall
be governed by the law of California, except for those provisions preempted by federal
law. However, the laws of the State of California shall not be applied to the extent that
they would require or allow the court to use the laws of another state or jurisdiction. The
parties agree that all actions or proceeding arising out of or relating to the Agreement shall
be tried and litigated only in the County of San Luis Obispo or the United States District
Court for the Central District of California.
16. Severability. Invalidation of any provision contained herein or the application thereof to
any person or entity by judgment or court order shall in no way affect any of the other
covenants, conditions, restrictions, or provisions hereof, or the application thereof to any
other person or entity, and the same shall remain in full force and effect.
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17. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
18. Notices. All notices, demands, invoices, or written communications to the parties required
or permitted hereunder shall be in writing and delivered personally or by U.S. mail, postage
prepaid, to the following addresses or such other address as the parties may designate in
accordance with this section:
CITY Director Public Works
919 Palm Street
San Luis Obispo, CA 93401
With a copy to: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
DEVELOPER Righetti Ranch, L.P.
979 Osos Street, Suite E
San Luis Obispo, CA 93401
Attn: Travis Fuentez
Phone: (805) 573-0401
Ambient Communities
179 Calle Magdalena, Suite 201
Encinitas, CA 92024
Attn: Rob Anselmo
Phone: (619) 890-2349
With a copy to: Allen Matkins
1900 Main Street, 5th Floor
Irvine, CA 92614
Attn: John Condas
Phone: (949) 851-5551
19. Interpretation/Ambiguity. This Agreement was negotiated by the Parties, with the advice
and assistance of their respective counsel, and shall not be construed in favor of or
against either Party, regardless of who may have drafted it or any of its terms. Any rule
of construction to the effect that ambiguities are to be resolved against the drafting party
shall not be applied in interpreting this Agreement.
20. Assignment. DEVELOPER shall not assign, transfer or convey any of its rights, duties or
obligations under this Agreement without the prior written approval of CITY. CITY
shall not unreasonably withhold approval of any assignment. Any other assignment shall
be null and void.
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21. Authority to Execute. Both CITY and DEVELOPER do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date written
above.
ATTEST:
______________________________
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick, City Attorney
CITY OF SAN LUIS OBISPO, a
municipal corporation and charter city
_____________________________
Heidi Harmon, Mayor
DEVELOPER
Righetti Ranch, LP
A Delaware Limited partnership
By: NRE Manager, LLC,
a Delaware limited liability company
Its: General Partner
By: Ambient Righetti Manager, LLC,
A California limited liability company
Its: Sole member
By: ____________________________
Travis Fuentez, President
By: ____________________________
Dante Anselmo, Vice-President
APPROVED AS TO FORM FOR
DEVELOPER
____________________________
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RighettiRanchReimbursementAgreementExhibitA6Ͳ7Ͳ2017ImprovementsEligibleforReimbursement1a)OffsitewaterlinefronCedartoOrcuttRoad.Includespressurereducingvaultandrequiredtelemtryperapprovedplans.Reconnectexistingservicesalongrouteandabandonexistingwatermain.707,198.02$AmbientTaylor/MuickFarrior/Hall/Fiala/WestCreek/Garay792 Population 1747404,771$57.2%18,061$2.6% 144,527$20.4%44,819$6.3%95,019$13.4%1b)OffsitewaterlinefromJohnsonRoadtoTiburon.Includessawcutexistingroadtoinstallnewwaterlineperapprovedplans.340,202.19$AmbientTaylor/MuickFarrior/Hall/Fiala,Garay575 Population 1390244,733$71.9%10,920$3.2%27,099$8.0%57,451$16.9%2)WaterMaininRanchHouseRoadtoSponza70,740.35$Jones/Pratt(1)Taylor/MuickPratt(2)/Evans/Anderson470 Population 902 18,051$25.5% 34,289$48.5% 18,400$26.0%3)RecycledWaterMainalongRighettiRanchRoadfromTankFarmtoTiburon/AlongTiburonfromRighettiRanchRoadtoRanchHouseRoad/AlongRanchHouseRoadtoSponza(Note:InteriorRWlinecostwithinParktobepaidthroughPFFP)475,934.29$3063Phase1&2,Jones/Imel/Pratt(1&2)/Taylor/Muick/Farrior/Hall/FialaWestCreek/Evans/Anderson682RecycledWaterdeliverydemandingpm163204,652$43.0%23,797$5.0%80,909$17.0% 114,224$24.0%52,353$11.0%4)SanitarySewerMainlineinRanchHouseRoadfromTiburontoSponza.58,368.46$Taylor/Muick110 Population 23558,368$100%5)IntentionallyLeftBlank6a)Phase1ͲOrcuttRoadEastsideStreetimprovementsfromFialaPropertytoGarayPropertytaper.ToincludelefthandturnlaneatTiburon,culvertextensions,utilityrelocations,stormdraintreatmentfacilitiesandotherimprovementspertheapprovedplans574,457.25$3063Phase2Pratt(1)/Jones/ImelTaylor/Muick367AverageDailyTrips2799 401,294$69.9%173,163$30.1%6b)Phase3ͲOrcuttRoadEastsideStreetimprovementsfromGarayPropertytapertoHansenLane.Toincludecenterturnlane,culvertextensions,utilityrelocations,stormdraintreatmentfacilitiesandotherimprovementspertheapprovedplans770,592.44$3063Phase3/Garay79AverageDailyTrips718331,647$43.0%438,945$57.0%7)OrcuttRoadWestsideStreetImprovementalongGarayFrontage.Improvementstoincludeculvertextensions,utilityrelocation,stormdraintreatmentfacilitiesandotherimprovementspertheapprovedplansforthissectionofwork.365,245.63$Garay45Frontage 100%Frontage365,246$100%TotalReimbursements3,362,739$Ͳ
$1,605,148$52,778$Ͳ$225,436$Ͳ$148,514$876,109$454,754$AllocationofCostPerResidentialUnitTypeByBenefitingPropertyUnitCountSFRMFRTotalPopulation*ADT**SFRShare(303dus)SFRShare(4dus)SFRShare(67dus) SFRShare(0dus) SFRShare(45dus) SFRShare(53dus)Tract3063(Righetti)Phase1(Ambient) 15115137113731,205,176.06$11,540.86$104,079.44$Ͳ$876,108.70$284,972.62$Tract3063(Righetti)Phase2(Ambient) 8732119273994Tract3063(Righetti)Phase3(Ambient) 343484309 CostPerSFRCostPerSFRCostPerSFRCostPerSFRCostPerSFRCostPerSFRTract3066(Jones)Phase1(Ambient) 1452661304573,977.48$2,885.21$1,553.42$Ͳ$19,469.08$5,376.84$Tract3095(Imel)(Ambient) 171742155Pratt1(APN053Ͳ061Ͳ024)(Ambient)5555101349Pratt2(APN076Ͳ481Ͳ007),Evans,Anderson2392394371518 MFRShare(139dus)MFRShare(19dus) MFRShare(105dus) MFRShare(239dus) MFRShare(0dus) MFRShare(57dus)Tract3083WestCreek 671051723571276399,738.09$40,780.04$121,337.60$148,513.67$Ͳ$169,846.26$Farrior,Hall191935121Taylor/Muick(ManganoProposedProject6Ͳ2Ͳ2017) 5357110235844 CostPerMFRCostPerMFRCostPerMFRCostPerMFRCostPerMFRCostPerMFRGaray 45451114092,875.81$2,146.32$1,155.60$621.40$Ͳ$2,979.76$Fiala 441036472559103121847840TotalShareTotalShareTotalShareTotalShareTotalShareTotalShare1,604,914$52,321$225,417$148,514$876,109$454,819$TableNotes(Source:OrcuttAreaSpecificPlanPublicFacilitiesFinancingPlan,2016):TotalSharebyAmbientFarrior/Hall,FialaWestCreekPratt2,Evans,GarayTaylorͲMuick*Population=2.46residents/SFR=1.83residents/MFRGPM=gallonsperminuteAnderson**ADTͲAverageDailyTrips(vehicles)=9.09/SFR=6.35/MFRSFR=singlefamilyresidential;MFR=multiͲfamilyresidentialdus=dwellingunitssomevariationincalculationsduetoroundingTotalBenefitUnitsbyTypeMangano(Taylor/Muick)Ambient(RighettiͲTM#3063/JonesͲTM#3066/ImelͲTM#3095)/Pratt(1)Population=1000ADT=3637GPM=70Pop.=45ADT=157GPMͲ8%Share%SharePop.=111ADT=409GPM=0BenefitingParcelsTotalApprovedorOASPAssignedUnitCountsEstimatedCost(fromattacheddetailedbreakdowns)BenefitingPropertieswithintheOASP(PropertySharebasedonPopulation,RecycledWaterFlowProjectionsorADTPercentage)Pratt(2),Evans,AndersonPop.=437ADT=1518GPM=39%ShareWestCreekPop.=357ADT=1276GPM=28%SharePop.=235ADT=844GPM=18%Share%ShareFarrior/Hall,FialaGarayMethodofAssigningBenefitbyTypeExhibit A Packet Pg 1269
Reimbursable Improvement 1a - Waterline Cedar Court to Orcutt Rd
Offsite Waterline Construction Fee Estimate
Item Description Quantity Unit Unit Cost Total
Water System
Mobilization 1 LS 12,500.00 12,500
Traffic Control 1 LS 30,000.00 30,000
1 6" PVC Water Line 62 LF 50.00 3,100
2 8" PVC Water Line LF 104.00 -
3 12" PVC Water Line 800 LF 165.00 132,000
4 8" Ductile Iron Pipe LF 114.00 -
5 12" Ductile Iron Pipe 8 LF 165.00 1,320
6 2" Blowoff Assembly 1 EA 3,200.00 3,200
7 2" Air Relief Valve EA 3,975.00 -
8 Connect to Existing Laterals 6 EA 2,000.00 12,000
9 Gate Valve (6")6 EA 1,300.00 7,800
10 Gate Valve (8")3 EA 1,500.00 4,500
11 Gate Valve (12")13 EA 3,500.00 45,500
12 Thrust Block (6")2 EA 250.00 500
13 Thrust Block (8")3 EA 385.00 1,155
14 Thrust Block (12")9 EA 714.00 6,426
15 4" Warf Head 1 EA 1,000.00 1,000
16 Fire Hydrant 2 EA 8,510.00 17,020
17 Connect to Existing System 3 LS 5,000.00 15,000
18 Waterline Under Crossing 1 LS 5,000.00 5,000
19 CLA VAL 2 EA 3,000.00 6,000
20 Victaulic Couplings 4 EA 300.00 1,200
21 12"x8" Reducer 2 EA 2,000.00 4,000
22 Pipe Support 4 EA 500.00 2,000
23 PRV and Concrete Vault 1 EA 50,000.00 50,000
24 Saw Cut Asphalt Concrete 1,724 LF 2.17 3,741
25 Trench Patch 2,586 SF 4.00 10,344
26 Restore Traffic Striping 1 LS 10,000.00 10,000
PRV Telemetry
1 Telemetry 1 LS 110,000.00 110,000
Sub Total 495,306
Design & Consultants 15.0%74,296
Plan Check 1.9%9,411
Inspection 12.9%63,894
Sub Total 642,907
Contingency 10.0%64,291
Total 707,198
Exhibit A
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Reimbursable Improvement 1b - Waterline Johnson Rd to Tiburon Rd
Offsite Waterline Construction Fee Estimate
Item Description Quantity Unit Unit Cost Total
Water System
Mobilization 1 LS 12,500.00 12,500
Traffic Control 1 LS 30,000.00 30,000
1 6" PVC Water Line LF 50.00 -
2 8" PVC Water Line 1,280 LF 104.00 133,120
3 12" PVC Water Line LF 165.00 -
4 8" Ductile Iron Pipe LF 114.00 -
5 12" Ductile Iron Pipe LF 165.00 -
6 2" Blowoff Assembly 1 EA 3,200.00 3,200
7 2" Air Relief Valve 1 EA 3,975.00 3,975
8 Connect to Existing Laterals EA 2,000.00 -
9 Gate Valve (6")EA 1,300.00 -
10 Gate Valve (8")4 EA 1,500.00 6,000
11 Gate Valve (12")EA 3,500.00 -
12 Thrust Block (6")EA 250.00 -
13 Thrust Block (8")4 EA 385.00 1,540
14 Thrust Block (12")EA 714.00 -
15 4" Warf Head EA 1,000.00 -
16 Fire Hydrant 2 EA 8,510.00 17,020
17 Connect to Existing System LS 5,000.00 -
18 Waterline Under Crossing LS 5,000.00 -
19 CLA VAL EA 3,000.00 -
20 Victaulic Couplings EA 300.00 -
21 12"x8" Reducer EA 2,000.00 -
22 Pipe Support EA 500.00 -
23 Concrete Vault EA 9,000.00 -
24 Saw Cut Asphalt Concrete 2,560 LF 2.17 5,555
25 Trench Patch 3,840 SF 4.00 15,360
26 Restore Traffic Striping 1 LS 10,000.00 10,000
PRV Telemetry
1 Telemetry 1 LS -
Sub Total 238,270
Design & Consultants 15.0%35,741
Plan Check 1.9%4,527
Inspection 12.9%30,737
Sub Total 309,275
Contingency 10.0%30,927
Total 340,202
Exhibit A
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Reimbursable Improvement 2 - Water Main Ranch House Rd to Sponza Rd
Waterline Construction Fee Estimate
Item Description Quantity Unit Unit Cost Total
Water System
Mobilization 0.50 LS 12,500.00 6,250
Traffic Control 0.00 LS 30,000.00 -
1 6" PVC Water Line 0.00 LF 50.00 -
2 8" PVC Water Line 465.00 LF 45.00 20,925
3 12" PVC Water Line 0.00 LF 165.00 -
4 8" Ductile Iron Pipe 0.00 LF 114.00 -
5 12" Ductile Iron Pipe 0.00 LF 165.00 -
6 2" Blowoff Assembly 1.00 EA 3,200.00 3,200
7 2" Air Relief Valve 1.00 EA 3,975.00 3,975
8 Connect to Existing Laterals 0.00 EA 2,000.00 -
9 Gate Valve (6")0.00 EA 1,300.00 -
10 Gate Valve (8")5.00 EA 1,500.00 7,500
11 Gate Valve (12")0.00 EA 3,500.00 -
12 Thrust Block (6")0.00 EA 250.00 -
13 Thrust Block (8")7.00 EA 385.00 2,695
14 Thrust Block (12")0.00 EA 714.00 -
15 4" Warf Head 0.00 EA 1,000.00 -
16 Fire Hydrant 0.00 EA 8,510.00 -
17 Connect to Existing System 1.00 LS 5,000.00 5,000
18 Waterline Under Crossing 0.00 LS 5,000.00 -
19 CLA VAL 0.00 EA 3,000.00 -
20 Victaulic Couplings 0.00 EA 300.00 -
21 12"x8" Reducer 0.00 EA 2,000.00 -
22 Pipe Support 0.00 EA 500.00 -
23 Concrete Vault 0.00 EA 50,000.00 -
24 Saw Cut Asphalt Concrete 0.00 LF 2.17 -
25 Trench Patch 0.00 SF 4.00 -
26 Restore Traffic Striping 0.00 LS 10,000.00 -
PRV Telemetry
1 Telemetry 0.00 LS 61,000.00 -
Sub Total 49,545
Design & Consultants 15.0%7,432
Plan Check 1.9%941
Inspection 12.9%6,391
Sub Total 64,309
Contingency 10.0%6,431
Total 70,740
Exhibit A
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Reimbursable Improvement 3 - Recycled Water Main Tank Farm to Sponza to Ranch House Rd
Reclaimed Waterline Construction Fee Estimate
Item Description Quantity Unit Unit Cost Total
Water System
Mobilization 0.50 LS 12,500.00 6,250
Traffic Control 0.20 LS 30,000.00 6,000
1 6" PVC Water Line 0.00 LF 50.00 -
2 8" PVC Water Line 0.00 LF 104.00 -
3 12" PVC Water Line 0.00 LF 165.00 -
4 8" Ductile Iron Pipe 2,471.00 LF 114.00 281,694
5 12" Ductile Iron Pipe 0.00 LF 165.00 -
6 2" Blowoff Assembly 2.00 EA 3,200.00 6,400
7 2" Air Relief Valve 2.00 EA 3,975.00 7,950
8 Connect to Laterals 4.00 EA 2,000.00 8,000
9 Gate Valve (6")0.00 EA 1,300.00 -
10 Gate Valve (8")5.00 EA 1,500.00 7,500
11 Gate Valve (12")0.00 EA 3,500.00 -
12 Thrust Block (6")0.00 EA 250.00 -
13 Thrust Block (8")4.00 EA 385.00 1,540
14 Thrust Block (12")0.00 EA 714.00 -
15 4" Warf Head 1.00 EA 1,000.00 1,000
16 Fire Hydrant 0.00 EA 8,510.00 -
17 Connect to Existing System 1.00 LS 5,000.00 5,000
18 Waterline Under Crossing 0.00 LS 5,000.00 -
19 CLA VAL 0.00 EA 3,000.00 -
20 Victaulic Couplings 0.00 EA 300.00 -
21 12"x8" Reducer 0.00 EA 2,000.00 -
22 Pipe Support 4.00 EA 500.00 2,000
23 Concrete Vault 0.00 EA 50,000.00 -
24 Saw Cut Asphalt Concrete 0.00 LF 2.17 -
25 Trench Patch 0.00 SF 4.00 -
26 Restore Traffic Striping 0.00 LS 10,000.00 -
PRV Telemetry
1 Telemetry 0.00 LS 61,000.00 -
Sub Total 333,334
Design & Consultants 15.0%50,000
Plan Check 1.9%6,333
Inspection 12.9%43,000
Sub Total 432,668
Contingency 10.0%43,267
Total 475,934
Notes: Interior RW lines within Park ($49,367) Funded Through PFFP
Method of assigning benefit is based on Utilities Department estimates of total
recycled water demands for each property, translated into a gallons-per-minute
delivery demand. OASP parklands costs are prorated by demand estimates below to each property.
The total demand by property is then pro-rated to reflect respective shares of total cost.
Ambient = 35 gpm demand estimate 43% of total demands $204,651.62
Farrior/Hall, Fiala = 4 gpm 5%$23,796.70
West Creek = 14 gpm 17%$80,908.78
Pratt 2, Evans, Anderson = 20 gpm 24%$114,224.16
Taylor-Muick = 9 gpm 11%$52,352.74
Exhibit A
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Reimbursable Improvement 4 - Sanitary Sewer in Ranch House Rd from Tiburon to Sponza
Sanitary Sewer
Item Description Quantity Unit Unit Cost Total
Sewer System
Mobilization 0.20 LS 25,000.00 5,000
Traffic Control 0.00 LS 60,000.00 -
1 8" HDPE 490.00 LF 32.00 15,680
2 10" HDPE 0.00 LF 35.00 -
3 12" HDPE 0.00 LF 52.00 -
4 Manhole 2.00 EA 3,600.00 7,200
5 Mahole Deep 2.00 EA 4,500.00 9,000
6 Manhole Rock 0.00 EA 5,000.00 -
17 Connect to Existing System 1.00 LS 2,000.00 2,000
24 Saw Cut Asphalt Concrete 0.00 LF 2.17 -
25 Trench Patch 0.00 SF 4.00 -
26 Install future stub 2.00 EA 1,000.00 2,000
27 Restore Traffic Striping 0.00 LS 6,000.00 -
Sub Total 40,880
Design & Consultants 15.0%6,132
Plan Check 1.9%777
Inspection 12.9%5,274
Sub Total 53,062
Contingency 10.0%5,306
Total 58,368
Exhibit A
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Reimbursable Improvement 6a - Phase 1 Orcutt Road East Side Improvements from Fiala to GarayOrcutt East Side Road Improvement STA 13+25 TO 23+85Item Description Quantity Unit Unit Cost Total DiscussionUnit Cost. Additional To Work Entirely on the West SideTotal D1 Mobilization1.00 LS 18,000.00 18,000 This is an additional charge over the West side construction because the East side work will be done at a different time than the West side development18,000.0018,0002Traffic Control1.00 LS 30,000.00 30,000 Same as above30,000.0030,0003 East Side Road (per Xsec East)1,067.00 LF 171.36182,841 Road Cross Section:Cut Slope with Revegetation: The East side of Orcutt is cut into the slope and requires more recontouring work than the West sidea/c Dyke: The a/c dyke is an additional cost due to road improvement on the east sidePavement With Subbase: Pavement with sub-base is a cost that would occur if all work were on the west side (less 81.25/ft)Saw Cutting: The additional saw cut is entirely due to the work being done on the East sideStreet Grinding: The street grinding is entirely due to work being done on the East sideStriping: The striping is a cost that would occur if the work was done entirely on the West side (less 10.00/ft)80.1185,4774Intersection Blend Tiburon 1,449.00 SF 11.00 15,939 The intersection blend is entirely due to East side construction11.0015,9395Driveway Blend618.00 SF 11.00 6,798 The driveway blend is entirely due to East side construction11.006,7986a/c Dyke @ Int & Drv Blend61.00 LF 10.00 610 The driveway blend is entirely due to East side construction10.006107Vehicle Guardrail271.00 LF 75.00 20,325 The guardrail is entirely due to East side construction75.00 20,3258Lid Structure Mobilization1.00 EA 5,000.00 5,000 East side LID is entirely due to East side construction5,000.005,0009LID Structure Area1,505.00 SF 11.26 16,946 East side LID is entirely due to East side construction11.2616,94610LID Structure Perimeter477.00 LF 45.00 21,465 East side LID is entirely due to East side construction45.0021,46511LID Structure Excavation2.00 EA 1,000.00 2,000 East side LID is entirely due to East side construction1,000.002,00012LID Structure Under Drain Connection2.00 EA 1,000.00 2,000 East side LID is entirely due to East side construction1,000.002,00013LID Structure Landscaping1,505.00 SF 4.00 6,020 East side LID is entirely due to East side construction4.006,02014Culvert Const. Mobilization1.00 EA 15,000.00 15,000 Equipment mobilization on the East side is because the East side will be done at a different time than the West side15,000.0015,00015Culvert Excavation260.44 YD 50.00 13,022 This is entirely East side work50.0013,0224Culvert Headwall Footings572.00 SF 25.00 14,300 This is entirely East side work25.0014,30017 Culvert Pipe Extension1.00 EA 6,000.006,000 If the work were to be done entirely on the West side the pipe extension on the West side would be longer and more expensive. Therefore there is little change in cost in with East side construction - 018Culvert Headwall Area645.00 SF 100.00 64,500 This is entirely East side work100.0064,50019Culvert RSP17.96 YD 150.00 2,694 This is entirely East side work150.002,69420Culvert Excavation Area Clean-Up/Re-Vegetation1,948.00 SF 5.00 9,740 This is entirely East side work5.009,74021Retaining Wall Footings36.00 LF 25.00 900 This is entirely East side work25.0090022Retaining Wall Area180.00 SF 75.00 13,500 This is entirely East side work75.0013,50023Power Pole Bracing5.00 EA 5,000.00 25,000 This is entirely East side work5,000.0025,00024Mail Box Replacement4.00 EA 300.00 1,200 This is entirely East side work300.001,20025Fence Replacement238.00 LF 50.00 11,900 This is entirely East side work50.00 11,900Sub Total 505,701 Sub Total 402,337 Design & Consultants15.0%75,855 60,351 Plan Check1.9%9,608 7,644 Inspection12.9%65,235 51,902 Sub Total 656,400 Sub Total522,234 Contingency10.0%65,640 52,223 Total 722,040 Total 574,457 Additional Cost Over Doing the Work Entirely on the West SideExhibit A Packet Pg 1329
Reimbursable Improvement 6b - Phase 3 Orcutt Road East Side Improvements from Garay to HansenOrcutt East Side Road Improvement STA 23+85 TO 41+13Item Description Quantity Unit Unit Cost Total DiscussionUnit Cost. Additional To Work Entirely on the West SideTotal D1Mobilization1.00 LS 18,000.00 18,000 This is an additional charge over the West side construction because the East side work will be done at a different time than the West side development18,000.0018,0002Traffic Control1.00 LS 30,000.00 30,000 Same as above30,000.0030,0003East Side Road (per Xsec East Side) 1,728.00 LF 170.25 294,192 Road Cross Section:Cut Slope with Revegetation: The East side of Orcutt is cut into the slope and requires more recontouring work than the West sidea/c Dyke: The a/c dyke is an additional cost due to road improvement on the east sidePavement With Subbase: Pavement with sub-base is a cost that would occur if all work were on the west side (less 81.25/ft)Saw Cutting: The additional saw cut is entirely due to the work being done on the East sideStreet Grinding: The street grinding is entirely due to work being done on the East sideStriping: The striping is a cost that would occur if the work was done entirely on the West side (less 10.00/ft)79.00136,5124Intersection Blend Calla Crotalo1,160.00 SF 11.00 12,760 The intersection blend is entirely due to East side construction11.0012,7605Driveway Blend208.00 SF 11.00 2,288 The driveway blend is entirely due to East side construction11.002,2886a/c Dyke @ Int & Drv Blend168.00 LF 10.00 1,680 The driveway blend is entirely due to East side construction10.001,6807Vehicle Guardrail329.00 LF 75.00 24,675 The guardrail is entirely due to East side construction75.00 24,6758Lid Structure Mobilization1.00 EA 5,000.00 5,000 East side LID is entirely due to East side construction5,000.005,0009LID Structure Area2,055.00 SF 11.26 23,139 East side LID is entirely due to East side construction11.2623,13910LID Structure Perimeter633.00 LF 45.00 28,485 East side LID is entirely due to East side construction45.0028,48511LID Structure Excavation2.00 EA 1,000.00 2,000 East side LID is entirely due to East side construction1,000.002,00012LID Structure Under Drain Connection2.00 EA 1,000.00 2,000 East side LID is entirely due to East side construction1,000.002,00013LID Structure Landscaping2,055.00 SF 4.00 8,220 East side LID is entirely due to East side construction4.008,22014Culvert Const. Mobilization1.00 EA 15,000.00 15,000 Equipment mobilization on the East side is because the East side will be done at a different time than the West side15,000.0015,00015Culvert Excavation308.04 YD 50.00 15,402 This is entirely East side work50.0015,40216Culvert Headwall Footings884.00 SF 25.00 22,100 This is entirely East side work25.0022,10017Culvert Pipe Extension2.00 EA 4,000.00 8,000 If the work were to be done entirely on the West side the pipe extension on the West side would be longer and more expensive. Therefore there is little change in cost in with East side construction - 018Culvert Headwall Area990.00 SF 100.00 99,000 This is entirely East side work100.0099,00019Culvert RSP31.67 YD 150.00 4,750 This is entirely East side work150.004,75020Culvert Excavation Area Clean-Up/Re-Vegetation2,079.00 SF 5.00 10,395 This is entirely East side work5.0010,39521Retaining Wall Footings36.00 LF 25.00 900 This is entirely East side work25.0090022Retaining Wall Area180.00 SF 75.00 13,500 This is entirely East side work75.0013,50023Power Pole Bracing3.00 EA 5,000.00 15,000 This is entirely East side work5,000.0015,00024Mail Box Replacement1.00 EA 300.00 300 This is entirely East side work300.0030025Fence Replacement972.00 LF 50.00 48,600 This is entirely East side work50.00 48,600Sub Total 705,386 Sub Total 539,706 Design & Consultants15.0%105,808 80,956 Plan Check1.9%13,402 10,254 Inspection12.9%90,995 69,622 Sub Total 915,591 Sub Total700,539 Contingency10.0%91,559 70,054 Total 1,007,150 Total 770,592 Additional Cost Over Doing the Work Entirely on the West SideExhibit A Packet Pg 1339
Reimbursable Improvement 7 - Orcutt West Side Garay Frontage Improvements
Orcutt Road West Side Frontage Improvement
Item Description Quantity Unit Unit Cost Total
1 Mobilization 1.00 LS 25,000.00 25,000
2 Traffic Control 1.00 LS 30,000.00 30,000
3 West Side Road (per X-Sec A)470.00 LF 200.74 94,345
4 Intersection Blend (Tiburon & Calla Crotalo)SF 11.00 -
5 Driveway Blend 871.00 SF 6.00 5,226
6 a/c Dyke @ Int & Drv Blend LF 10.00 -
Lid Structure Mobilization EA 5,000.00 -
7 LID Structure Area SF 11.26 -
8 LID Structure Perimeter LF 45.00 -
9 LID Structure Excavation EA 1,000.00 -
10 LID Structure Under Drain Connection EA 1,000.00 -
11 LID Structure Landscaping SF 4.00 -
12 Culvert Const. Mobilization 1.00 EA 15,000.00 15,000
13 Culvert Excavation 148.59 YD 50.00 7,430
14 Culvert Headwall Footings 358.00 SF 25.00 8,950
15 Culvert Pipe Extension 1.00 EA 6,000.00 6,000
16 Culvert Headwall Area 405.00 SF 100.00 40,500
17 Culvert RSP 13.00 YD 150.00 1,950
18 Culvert Excavation Area Clean-Up/Re-Vegetation 1,337.00 SF 7.00 9,359
19 Retaining Wall Footings LF 25.00 -
20 Retaining Wall Area SF 75.00 -
21 Power Pole Bracing 0.00 EA 5,000.00 -
22 Mail Box Replacement 1.00 EA 300.00 300
23 Fence Replacment 470.00 LF 25.00 11,750
Sub Total 255,810
Design & Consultants 15.0%38,372
Plan Check 1.9%4,860
Inspection 12.9%33,000
Sub Total 332,041
Contingency 10.0%33,204
Total 365,246
Exhibit A
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Garay~45 SFRProjects1a,1b, 6b,7Taylor / Muick53 SFR67 MFRProjects1a,1b,2,3,4,5,6aWest Creek67 SFR105 MFRProjects1a,3Pratt(2), Evans, Anderson~239 MFRProjects2,3Righetti Hill Open Space and HomesiteFarrior / Hall~19 MFRProjects1a,1b,3Fiala~4 SFRProjects1a,1b,3Project Description 1a. Offsite Water Main from Johnson/Cedar Ct. to Johnson/Orcutt 1b. Offsite Water Main from Johnson/Orcutt to Orcutt/Tiburon 2.Water Main in Ranch House Rd from Tiburon to Sponza 3.Recycled Water Main From Tank Farm/Righetti Ranch to Ranch House/Sponza 4.Sanitary Sewer Main in Ranch House Rd. from Tiburon to Sponza 5.Intentionally Left Blank 6a.Orcutt Road East Side Improvements from Fiala Property to Garay Property 6b. Orcutt Road East Side Improvements from Garay Property to Hanson Lane 7.Orcutt Road West Side Fronting the Garay Property Ambient Breakdown:Tract 3066 (Jones) 14 SFR 52 MFRImel 17 SFR 0 MFRPratt(1), (024) 0 SFR 55 MFRTract 3063 Phase 1 151 SFR 0 MFRTract 3063 Phase 2 87 SFR 32 MFRTract 3063 Phase 3 34 SFR 0 MFRTOTALS 303 SFR 139 MFRORCUTTJOHNSONTANK FARMT I B U R O N HANSONBULLOCKNot A PartTract 3063 Phase 1(Ambient)151 SFRProjects1a,1b,3Tract 3063 Phase 2(Ambient)87 SFR32 MFRProjects1a,1b,3,6a,6bTract 3066 (Ambient)14 SFR52 MFRProjects1a,1b,2,3,6a,6bTract 3063 Phase 3(Ambient)34 SFRProjects1a,1b,6bIMEL(Ambient)17 SFRProjects1a,1b,3,6aPratt(1)(Ambient)55 MFRProjects1a,1b,2,3,6a,6bBENEFITING PARCELS MAP5/26/2017 9:12:20 AMK:\1 Ambient Projects\CA, SLO - Righetti Ranch\2016 03 02 Fare Share Agreement\Reimbursment Agreement\2017 05 01 Benefiting Parcels Map.rvtExhibit B Packet Pg 1359
RECLAIMED WATER MAIN (3) RECLAIMED WATERRighetti Ranch RoadTiburon Road
Ranch House RoadSponza Righetti Ranch RoadOrcutt RoadWATER MAIN SEWER MAIN 1(a) & 1(b) WATER MAIN FROM CEDAR CT.6(a) ORCUTT EAST SIDE6(b) ORCUTT EAST SIDE(7) ORCUTT WEST SIDE FRONTING GARAY(4) SEWER MAIN(2) WATER MAIN Hanson ROAD FRONTAGE Tiburon Road
Orcutt Road5/24/2017 2:29:44 PMK:\1 Ambient Projects\CA, SLO - Righetti Ranch\REVIT Files\Reimbursment Agreement\2017 05 01Reimbursment AgreementExhibit A V2017.rvt
Excess Public Improvements
Eligible for Reimbursement
Ambient Reimbursement Agreement
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