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HomeMy WebLinkAboutReso 074-00 JPA CCC FeesRESOLUTION NO. 74 - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTItORIZING THE MAYOR TO EXECUTE THE JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO DUBLIN-CONTRA COSTA FEES BY AND BETWEEN CONTRA COSTA COUNTY AND CITY OF DUBLIN WHEREAS, the City Council of the City of Dublin has been presented with an agreement entitled "Joint Exercise of Powers Agreement Pertaining to Dublin-Contra Costa Fees By and Between Contra Costa County and City of Dublin"; and WI-~REAS, the City Council is familiar with the terms of the Agreement; and WHEREAS, the City Manager has recommended approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED that the Joint Exercise of Powers Agreement Pertaining to Dublin-Contra Costa Fees By and Between Contra Costa County and City of Dublin is hereby approved and the Mayor, or in his absence the Vice Mayor, is hereby authorized to execute the Agreement in substantially the form attached as Attachment 1 tothe agenda statement. PASSED, APPROVED AND ADOPTED this 16th day of May, 2000. AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor LoCkhart and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ATTEST: K2/G/5-16-00/reso-cococo-jpa.doc (Item 7.1) g:agenmisch-eso ccc jpa agmt JOINT EXERCISE OF .POWERS ~Gi~EEMENT PERTAINING TO DUBUN-CONTRA COSTA 'FEES BY AND ELEVEN CONTP. A COSTA COI~INTY AND CiTY OF DUBLIN This JOINT EXERCISE OF POVVERS AGREEMENT (the "Agreement") is entered into this __ day of June, 2Q00 (the "Effective Date") between the County of Contra Costa (=Contra Costa County"), .a political subdivision of the State of California, and the City of Dublin (the "City"), a municipal corporation duly organized and existing under the laws of .the State of Califom'ia. The City and Contra Costa County may be referred to collectively as the "Parties." RECITALS This Agreement is based on the following facts and circumstances: A. ~o_uthern Contra Costa Develoo_ ~ent Area. There exists in Contra Costa County a geographical area known as Southern Contra Costa County. The approximate boundaries of such area are shown in Exhibit A attached hereto and incorporated herein. B, Doughert¥.Valley Development:' There is an approved development p!an in Southern Contra Costa County known - as Dougherty Valley that includes the Shaped development and the Windemere development. These two developments combined are approved for 11,000 residential units. The project approvals include betwe~.n'300,000 and 600,000 square feet of commercial space spread throughout the_Dougherty Valley Development. The locations of these two developments a..re'shown on the map attached as Exhibit B. The Shapeli and Windemere developments, are.referred to collectively as the "Do.ugherty Valley Developments." C. Eastern Dublin Development.:. There is an approved specific plian for Eastern Dublin, known as the Eastern Dublin Specific Plan. The Eastern Dul:ilin. Specific Plan (and associated general plan amendment) provides for approximately 13,306 residential units, 9,737million square feet of commercial, indu. strial, and office development. The location of the Eastern Dublin Specific Plan/General Plan area is shown on the map attached as Exhibit C. The Eastern Dublin Specific Plan developments are referred to as the "Eastern Dublin Developments," DCC Fee Agreement -1- . May 1,2000 D. Other De..yelopments. in addition, there exist other proPerties within the unincorporated portions of Southern Contra Costa County anticipated to be developed during the duration of this agreement. The exact Io~ation and/or extent, or'these developments is not fully known at this time. These other developments shall be referred to as "Other Developments." E. lmoact of Development. ' The Dougherty Valley Developments are approved for phased development of 1 1,000 units to be completed by approximately 2010. The Dougherty Valley Developments are .initially expected to create 8,500 new residential units. The Eastern Dublin developments are approved for develop, ment of 13,306 residential units and 9.737 million square feet of commercial, indus.trial, and office development. The exact timing and location of the Other Developments are not known at this time. The traffic impact from both of these developments will adversely impact the quality of life for the existing residents of the surrounding City and Contra Costa County territories 'unless those impacts are mitigated by off-sEe street im.provements. Traffic Impaq Mitiqation and Imj3rovements. An Environmental Impact Report,' ~ncluding a traffic study, has been prepared and certified by Contra Costa County for the Dougherty Valley Developments. A project list of public improvements necessary to mitigate the Dougherty Valley Developments was included in the EIR. An Environmental'Impact Report has been certified by the City for the Eastern Dublin Developments, which, together with the Eastem~ Dublin Specific Plan calls for public improvements to mitigate the traffic impacts of the Eastern Dublin Developments, F. Pu mos_e_of Agreement. The Parties recognize that development in .the City will impact the County and that development in the County will impact the City. The purpose of this Agreement is to account for the difference in magnitude of the impacts that the City and County will have on each other. This shall be accomplished through the transfer of fee revenue from the County to the C~ty. The fee will ~epresent the difference in the aggregate costs of mitigation projects. (3. Td-Valley .Transportation Council. The Tri-Valley Transportation Council (TVTC) is made up of representatives from Contra Costa County, Alameda County, Dublin, Livermore, Danville, Pleasanton, and San Ramon. in an effort to comply with Contra Costa County's Measure C, the Council put forth a comprehensive plan for regional transportation problems in the Tri-Valley area. The plan was based on a traffic model, known as the TVTC traffic model, which DCC Fee Agreement -2- May l, 2000 was constructed by Barton-Aschman Associates, Inc. The impact mitigations that are to be funded by the fee to be adopted pursuant to this Agreement will be based on the TVTC model. H. Collection and Use of ImDroY. ernent Fees. The Parties intend and agree that. Dougherty Valley Developments, and Eastern Dublin Developments, shall fund their identified fair.share of the improvements listed in Exhibit. D' attached hereto and incorporated.herein. Impacts of developments in each jurisdiction on the other party's infrastructure will be mitigated by these developments through payment of a fee '. The fee shall hereinafter be referred to as the Dublin-Contra Costa Fee (DCC Fee). The DCC Fee shall represent the difference between the cost of constructing those public improvements i~cluded in Exhibit D which are required to mitigate traffic impacts of the Dougherty Valley Developments on roads in Dublin and the cost of constructing those public improvements included in Exhibit D which are required to mitigate traffic impacts of the Eastern Dublin Developments on roads in Southern Contra Costa County, The TVTC Traffic Model indicates that.the impacts of the Dougherty Valley Developments on roads in the City are greater than those of the Eastern Dublin Developments on roads in Southern Contra Costa. County. Fees shall therefore be collected in Contra Costa County and transferred to the City to compensate for the unequal impacts. County shall collect fees from the Dougherty Valley Developments for the public improvements necessary to mitigate their traffic impacts. As of July 1, 1999, the County has collected $60,(325 from the Dougherty Valley Developments toward the DCC Fee plus interest (for a total of $62,731.45). In addition, the County will collect more monies from Dougherty Valley Developments after July 1, 1999 and prior to the effective date of the DCC Fee from Dougherty. Valley Developments. The total of the preceding two sums shall be referred to as the "Collected DCC Fees." The DCC Fee shall be calculated so that, assuming construction of all 11,000 units and ali non- residential Dougherty Valley Development, the City will receive the total sum of $13,473,460 including the Collected DCC Fees. The City, shall use the fees collected in a coordinated manner to finance and construct the improvements listed on Exhibit E. The purpose of this Agreement is to implement the collection and use of the DCC Fees to construct'the Improvements',i DCC Fee Agreement -3- May 1~ 2000 NOW, THEREFORE, the parties agree: Section 1. Parties. The parties to this Agreement are the' City and the County. Section 2. Eecitals. The forgoing Recitals are trUe and correct and are made a part hereof. Section 3. Definifions~. a. "Areawide Improvements" refers to those public improvements required to mitigate traffic impacts of the 'Dougherty Valle~; Developments, and Eastern Dublin Deve, lopments, and consists of those' projects identified in Exhibit D. ' b. "Dougherty Valley Deyel0Pments" refers collectively to the two developments located within the Contra'Costa County portion of Dougherty Valley, one developed by Shapeil Industries of Northern California for the property described in Exhibit A to the Development Agreement BetWeen County of Contra Costa and Shapell Industries, Inc. Relating to the Deveiopiment Commonly known as County Club and Gale Ranch dated January 11, 1995, and. in ExhiBit A to the Development Agreement Between County of Contra Costa and Shape!l Industries, Inc. Relating to the Development Commonly known as the Gale Ranch, dated April 8, 1996 ("Shapell Development"), and the other by the Windeme?e Ranch Partners for the property described in Exhibit A to the Development Agreement By and Between the County of Contra Costa and Windemere Ranch Partners, dated January 18, 199(~ ("Windemere Development"). The Dougherty Valley Developments are initially expected to create 8,500 new residential units, with an expected 11,000 units ultimately. All references to the "Dougherty Valley Developments" include ali 11,000 units. c. "Dublin-Contra Costa Fees".or "DCC Fees;' refers to fees (or portions thereof) imposed by the City and the County in a uniform manner on all Eastern Dublin Developments and Dougherty .Valley Developments, respectively, to mitigate traffic impacts from such developments on infrastructure in the other jurisdiction. The term does not include any fee (or portion thereof) which is imposed to mitigate traffic impacts from developments on infrastructure Within that development's jurisdiction. d. "Improvements" refers t'o..those Public improvements to be constructed by the City with Fee revenues and consists of those projects identified in Exhibit E. e. "Land Use Entitlement" means a permit or approval granted for the development of property and includes a s. ubdivisi0n map approval, land use permit, DCC Fee Agreement -4- May 1, 2000 development plan approval, grading permE~ budding permit, . and architectural or design review approval. Seq'tLon 4. Collection o.f Dublin.Contra C~.sta Fees The County agrees to collect t.he DCC Flee. from any Dougherty Valley Development that receives a land use entitlement. The total amount of revenues to be collected and the amount of the fee to be imposed on development which has not yet received a land use entitlement are described in Exhibit F. To accomplish the collection of fees; the County agrees: a. to adopt the necessary ordinance(s) and/or resolution(s) to impose and to authorize the collection of the DCC. Fee. within its jurisdiction; and b. to impose a conditJ,'on of approval upon each development which states substantially the following: 'q'he project developer shall be required to pay the Dublin-Contra Costa Fees to the County for account of the City, of Dublin prior to issuance of building permits for.the project." Section 5. Transfer of "Collected D. CC Fees". ., The Collected DCC Fees, together with investment earnings thereon, will be transferred by the County to the City Within 30 .days following the Effective Date of this Agreement, together with an accounting .of such revenues sufficient to enable the City to comply with the Mitigation Fee Act, Government Code sections 66000 et. Seq ("AB 6oo"). Section 6. DCC., Fee Account: The County shall place the fees' collected under Section 4 in an interest-bearing · account to be used specifically for distribution to, the City for construction of the Improvements. The deposits in each account' Shall be invested in the same manner as other funds of the party. For investment purposes the funds may be pooled with other funds as long as' separate accounting is maintained and the DCC Fees account is credited with the investment earnings. Section 7. Accountin_q. Semiannually, on April I and October 1 of each year, the County shall remit to the City the DCC Fees collected and investment earnings in the DCC Fee trust account. The County shall include a detailed accounting with each remittance. The information DCC Fee Agreement -5- May 1. 2000 shall be shared in a form and manner to be agreed to subsequently by the Parties. The City shall prepare all documents necessary to comply with AB 1600. _Section 8. Re_qk3Dal Fees. If, during the life of this Agreement, a regional fee is adopted, the DCC Fee will be adjusted to avoid double-charging developments for any improvements that are on both the list of projects to be funded by the DCC Fee and the subsequently adopted regional fee project list. Section 9. D. ablin-Contra costa Fee Amount and Time of Payment. The DCC Fee to be imposed on the. Dougherty Valley Developments and the fee Calculation are attached as Exhibit F. The DCC Fee is calculated on 11,000 units, The fee shall be collected pdor.to .the issuance of a building permit, The County is not liable to the City for the legal inability to collect a fee. Section ,10. Dubli.o,Contra Costa Fee..Ad|ustments. The amount of the DCC Fee shall be adjusted by the County, as set forth below. On March I of each year that this Agreement is in effect, the County shall adjust the DCC Fee in the same manner as City adjusts its Eastern Dublin Traffic Impact Fee for changes in construction costs and land-costs, based on City of Dublin Resolution No. 225-99 and any future City resolutions amending the City's Eastern Dublin Traffic Impact Fee. In addition, on March 1 of each year that this Agreement is in effect, the County shall, increase the amount of the DCC Fees over the amounts in effect for the preceding calendar year by an amount determined necessary for any significant changes in State or Federal construction requirements. Section 11. ¢¢oStruction of the trrm. rovements. a. The City shall use the funds collected under this Agreement only for the design, environrt3ental review, construction contract and reIated costs of the 'Improvements li§ted in Exhibit E. City.may also use such funds to reimburse developers who have constructed the projects, listed in Exhibit E. b. The Parties agree to complete the projects listed in Exhibit D as needed (with development impact fee revenues.) to satisfy the growth management requirements of County and congestion management program requirements of County DCC Fee Agreement -6- May 1, 2000 and Dublin. A c. bpy of the current proje~.pHority list, such as a caP?tal Improvement Plan (CIP), shall be transmitted by both parties to the other at the time of the October 1 disbursement of funds.. (pursuant to Section 7) in order to satisfy these requirements, o. Upon acceptance of an Improvement, the ownership and responsibility for maintenance of the Improvement will re~twith the City. Funds generated by this Agreement shall not be used for maintenance of existing or proposed facilities, nor will the County be liable for any maintenance of any.~f.acility. Section 12. Tier 1.and Tier 2 Improvements The Improvements listed on Exhibit E shall be divided into two tiers. Tier 1 consists of the following projects which shall be the City's first priority to construct: Dougherty Rdad (Segments. 1, 2, 3, and 4); Tassajara Road (Segments 22, 22.A, 23, 24, 'and 25); ScarJeff Drive (Segment 21); and Failon Road (Segments 26, 26A, 27 and 28). Once ali Tier 1 projects are. constructed', the City will use any- remaining DCC Fees to construct Tier2 projects. Section 13. Construction of ImprovelT~n,ts by DeveloDem The City agrees that the County maY require or allow a developer to construct all or a portion of the following projects included in Exhibit E un]ess already constructed: .. (a) Dougherty Road Segment 1, and (b) Doug.herb/Road Segment 2. If a developer constructs such segments; the County will give the developer credit against payment of the DCC Fee if the' improvements are constructed in the ultimate location and in accordance with City's requirements, as described below. The amount of any credit shall be. determined by the Public Works Director of City at the time of bonding for the Improvements, The Public Works Director shall use the unit prices in the City's Eastern Dublin Traffic Impact Fee then in effect, including adjustments for inflation, for the Dougherty 'Road project being constructed, or portion thereof, The amount of the credit, once established, shall not be increased for inflation nor shal] interest accrue on the amountof the 'credit. If the amount of the credit is less .than the amount of the DCC Fee for the deveJopment, the developer shall pay the diffen~nce. If the amount of the credit is greater than the amount of the DCC Fee'for the development, the credit may be "banked" by developer for ten (10) years and may be applied against future DCC Fees imposed on development proposed by'the same developer. At the end of ten (10) years, if the developer has not used all "banked". credits, the developer may apply to the City for reimbursement in the amount of the "banked" credits, provided such DOC Fee Agreement -7- May 1, 2000 reimbursement shall be from DCC Fee.revenues only. Credits may not be sold or .transferred. Prior to constructing any Improvements pursuant to this Section, the developer will be required to submit plans and speoifi..~afions to C.[ty's Public Works Director for review and approval and shall enter in[o an. improvement agreement with City for construction and dedication of the roadway impro~/ements. All such improvements shall be constructed in accordance with City's sbandards and policies which are in force and effect at the time of issuance of the pemlit for tb.e proposed improvements. Prior to execution of the Improvement Ag reement described in the preceding paragraph, the developer shall provide a.cash monument bond, a performance bond and labor and materials bond or other .adequate Security to insure that the improvements will be constructed within the times required by City's Public Works Director. The performance bond or other security shall be in an amount equal to 100% of the engineers estimate of the cost to construct the improvements (including design, engineering, administration, and inspection); the labor and materials bond shall be in an amount.equal to 50% of the engineer's estimate; and the Monument bond shall be in the amount of $500 per street monument to be set. The bonds shall be written by a surety licensed to conduct business in the State of California and approved by City's City Manager. VV'rth the prior written consent of City, Contra Costa County may require a developer to construct all or a portion of any of.the other projects included in Exhibit E. All aspects of construction and credits for ~uch project will be governed by the provisions of this Section 13, with the exception of the amount of the credit to be granted which shall be as determined by City's Public Works Director based on the costs of construction of such project used in calculating the amount of the DCC Fee. Section 14. Advance of Funds by Developers If any Short-Term Traffic Study prepared.in connection with any Land Use Entitlement for new development in the area described in Exhibit A concludes that any of the project(s) listed on Exhibit E are needed to mitigate the impacts of such new development and if sufficient DCC Fee revenues are not available to City to construct such project(s), the County will advance funds in an amount mutually agreed upon by County and City to enable the City to construct such projects, or portions thereof, as so needed. The preceding paragraph shall apply to the following projects listed on Exhibit D which are located within the City of Dublin or Alameda County: (1) Tassajara Road, (2) Dougherty Road, (3) Scaflett Drive, and (4) Fali0n Road. .if the amount of the funds needed by City tO construct the needed project(s) is in excess of the amount of the DCC Fee for such new development, the County shall DCC Fee Agreement -8- May 1, 2000 impose a condition on the new development to require payment of the difference, in which event the developer shall be entitled, to a credit in the amount of.the difference which may be applied against DCC Fees. The County agrees' to require Short-Term Traffic Studies in connection with all applications for Land Use Entitlements. As used herein, "Short-Term Traffic study" shall refer to a project-specific traffic study which evaluates the improvements needed at the time of development as a result of traffic generated or to be generated from existing development, approved but unoccupied/iJnbuilt development and the project which is the subject of the Land Use Entitlement application, to the following roadways located within the City of Dublin or Alameda County: (1) Tassajara Road, (2) Dougherty Road, (3) Scadett Drive, and (4) Fallon Road. Section 15..Annexations. If a development in the County is required by this Agreement to pay the DCC Fee and the development is subsequently incorporated or annexed to another jurisdiction, the County shall require, as a part of the incorporation or annexation that the development will still be responsible to pay the DCC Fee at the time of issuance of building permits. section 16. .Freeway lnterchanc~e. ~ - Thb following 1-580 freeway interchanges, which are regional facilities, are included in this fee program: · Hacienda · Santa Rita/Tass. ajara - El Charro/Failon · Airway Boulevard'. Section ,!7. Independent Planrtin.q'Acti0n. Nothing in .this Agreement shall have. any bearing on the determination of how. many dwelling units or how much non~residential space may be permitted or the nature of the development to be approved by the party having jurisdiction over a particular development, Payment of the DCC Fee shall constitute full mitigation for traffic impacts of Dougherty Valley Developments on. circulation infrastructure in Dublin, and no Dougherty Valley Development shall be Subject to any additional mitigation for traffic impacts in Dublin (including the above !-580 freeway interchanges) whatsoever Sectio. p I8. Amendments. DCC Fee Agreement .-6 May 1, 2000 This Agreement may be amended at. anY time by an amendment mutually executed by the City and the County. Such amendments shall be approved by their · legislative bodies.. Section 19. Indemnification and Hold Harmless. The City shall defend, indemnify, save.', and hold harmless the County and its officers, agents, and employees.from any and all claims, demands, suits, costs, expenses, and liability, including for costs and attorneys' fees, for any damages, injury, sickness, or death, including liability for inverse condemnation, nuisance, or trespass, arising directly or indirectly from, or in 'any way connected with, the design, construction, installation, inspection, operation, maintenance, or repair of those road improvement projects included in Exhibit E and located within the Ci~'s jurisdiction. Nothing in this section is intended to affect the legal liability of any party to third parties by imposing any standard of cate differe'nt from the standard of care imposed by law. Section, 20.. Insurance. For the design, and construction of road jrnprovement projects within their respective jurisdictional boundaries, the Parties to' this Agreement shall cause all contract documents for such work to include.provisions requiring the consultant or contractor: (1) to name all Parties to this Agreement and their officers, agents, and employees as additional insureds under any insurance provided by the consultant or contractor; (2) to provide to all Parties to this Agreement a certificate or certificates of insurance evidencing such coverage and to .provided at least 30 days' written notice of lapse, cancellation, or other termination of coverage; and (3) to promise to defend, indemnify, including for attorneys' fees and costs, save, and hold harmless Parties to this Agreement and their officers, agents, and employees from any loss, damage, injury, death, clai.m, or demand connect, ed in ariy way with the work or services performed by the consultant or contractor, the consultant's or contractor's subcontractors, or anyone under the consultant's or contractor's direction or control. If more than one consultant or contractor is' empi.o, yed, the term "consultant" or "contractor" shall refer to all consultants and'contractors employed by the Parties to this Agreement. Section 21. Term of Agreement. With the excepti6n of Section 19 (Indemnificatio. n and..Hofd Harmless), which shall remain in effect in perpetuity, this Agreement shall remain in effect from the Effective Date in the opening paragraph until: a. the projects listed· in Exhibit E have been constructed, and DCC Fee Agreement -10- May 1, 2000 b. the last phase of the Dougherty Valley Developments has been built out. Provided, however, this Agreement shall terminate when the City has received a total of $13,473,460 in DCC'.F~ees plus increase or decrease due to adjustments made pursuant to Section 10, if Such receipt occurs sooner than (a) and (b) above. .. Section 2,2. Sole Agreement. This Agreement is the sole agreement on the subject matters of this Agreement between the Parties. Secti°n 2.3... .P. owem.. The powers of this Agreement shall be .exercised subject to the restrictions upon the exercising of such 'powers by the County, as provided in Section 6509 of the Government Code. Section 24, Breach. The sole remedY for breach of this Ag .reement. except for a breach of Section 19 ("Indemnification and Hold Harmless".)and Section 20 ("Insurance") shall be an action for specific performance against the breaching party. Section 2~5, Accountability As required by Section 6505 of the Government Code, the Parties shall provide strict accountability of all funds received and 'disbursed under this Agreement. Section_ 26. S!gnatures. This Agreeme.nt may be signed in.counterparts and the signature pages · attached to form a complete document. Section 27. E×hib'_rts. The following exhibits are included in this Agreement: Exhibit A - Map of Southern Contra Costa County Area Exhibit B - Map ~)f Dougl~erty Valley Developments (Shapell & Windemere Developments) DCC Fee Agreement -11- May 1, 2000 Exhibit C - Exhibit D - Exhibit E - Exhibit F- APPROVED BY: COUNTY OF CONTRA COSTA Map*of Eastern Dublin Specific Plaru'Geno~al Plan Area Improvements Needed for Dougherty Valley Developmerits ~nd Eastern Dublin Improvements.to be constructed by City of Dublin with' Fee Revenues Revenues to be Raised and Fee Amounts By:. Attest: Clerk of the Board of Supervisors Approved as to Form County Counsel CITY OF DUBLIN By: Mayor Attest: City Clerk Approved as to form: City Attorney DCC Fee Agreement -12- -. May 1, 2000 J;\WPD~JV~NRS¥~I 1 ,~001 ',.200 OV~me~x;x;:o.Je~_501 .wpd EXHIBIT A Map of Southern Contra Costa County Area [TO BE PREPARED BY COUNTY] EXHIBIT B Map of Dougherty Valley Developments (Shappell and Windemere Developments) [TO BE PREPARED BY COUNTY] i F I _. EXHIBIT C EXHIBIT D DUBLIN/CONTRA COSTA AREA OF BENEFIT FEE SUMMARY TIF PROJECT COST COUNTY SHARE DUBLIN SHARE DESCRIPTION SEGMENT GRAND TOTAL % $ % $ Dougherty Road 1 $ 3,122,371 34.32 $1,071,598 2.54 $79,308 Dougherty Road 2 $ 3,421,857 31.10 $1,064,198 0.09 $3,080 Dougherty Road 3 $ 131,213 28.02 $361766 0.97 $1,273 Dougherty Road 4 $ 1,928,809 14.47 $279,099 3.50 $67,508 Dublin Blvd.. 5 $ 4,886,232 0.34 $16,613 4.84 $236,494 Dublin Blvd.. 6 $ 1,833,052 0.46 $8,432 15.00 $274,958 Dublin Blvd.. 7 $ 6,518,016 0.07 $4,561 33.79 $2,201,762 Dublin Blvd Ext 8 $ 2,861,071 2.40 $68,666 33.75 $965,611 Dublin Blvd Ext 8A $ 4,776,199 2.31 $110,330 35.37 $1,689,342 Dublin Blvd Ext 9 $ 10,421,360 1.46 $152,152 52.26 $5,446,203 Dublin Blvd gxt 10 $ 14,139,385 0.31 $43,832 28.14 $3,978,823 Dublin Blvd Ext 11 $ 20,361,405 5.23 $1,064,901 22.24 $4,528,376: Airway Blvd Interchange 12 $ 2,080,000 0.68 $14,144 12.26 $255,008 Hacienda 13 $ 1,358,792 1.30 $17,864 30.25 $411,035 Hacienda 14 $ 3,150,317 0.21 $6,616 ' 6.81 $214,537: Hacienda Interchange 15 $ 4,502,298 1.30 $58,530 30.25 $1,361,945 i Arnold Road 16 $ 4,264,616 1.00 $42,64_6 50.00 $2,132,308 Central Parkway 16A $ 1,323,898 1.00 $13,239 50.00 $661,9491 Central Parkway 17 $ 6,681,062 1.20 $80,173 21.25 $1,419,7261 Central Parkway 18 $ 4,335,073 0.18 $7,803 46.04 $1,995,8681 Central Parkway 18A $ 3,909,472 0.17 $6,846 98.92 $3,867,250 Gleason 19 $ 588,755 7.25 $42,685 42.04 $247,513 Gleason 19A $ 4,549,372 7.25 $329,829 42.04 $1,912,556 Gleason 20 $ 6,693,436 0.50 $33,467 99.391 $6,652,606 Scarlet Drive 21 $ 8,321,777 11.65 $969,487 16.29 $1,355,617 Tassaj ara Road 22 $ 9,222,004 39.90 $3,679,580 26.19 $2,415,243 Tassaj ara Road 22A $ 6,218,065 23.99 $1,491,714 62.79 $3,904,323 Tassajara Road 23 $ 5,083,778 9.28 $471,775 57.05 $2,900,295 Tassaj ara Road 24 $ 257,400 2.96 $7,619 34.28 $88,237 Tassajara Rd Interchange 25 $ 13,017,658 2.96 $385,323 34.28 $4,462,453 Fallon Road 26 $ 6,992,297 34.36 $2,402,553 24.59 $1,719,406 Fallon Road 26A $ 5,275,974 24.52 $1,293,669 44.99 $2,373,661 Fallon Road 27 $ 773,018 5.71 $44,139 13.13 $101,497 Fallon Rd Interchange 29 $ 13,919,751 5.71 $794,818 13.13 $1,827,663 Creek Trail 29 $ 1,063,335 0.00 $0 0.00 $0 Totals $ 187,981,116 $16,115,266 $61,753,431 COUNTY ROADWAYS Total Improv't COUNTY SHARE DUBLIN SHARE ' DESCRIPTION TIF SEGMENT wlSIgnal~G~d'g BHdge Co~ LS Dougherty Rd Seg. A $2,337,720 29.09 $680,043 1.30 $30,390 Dougherty Rd Seg. B $6,083,220 32.14 $1,955,147 1.68 $102,198 Dougherty Rd Seg. C $1,808,400 41.17 $744,518 2.32 $41,955 Bollinger Rd Seg. D $2,353,560 16.00 $376,570 1.15 $27,066 Bollinger Rd Seg. E $5,164,500 48.93 $2,526,990 4.05 $209,162 Bollinger Rd Seg. F $4,686,000 70.66 $3,311,128 6.77 $317,242 Bollinger Rd Seg. G $2,409,000 79.73 $1,920,696 9.94 $239,455 Boltinger Rd Seg. H $2,355,540 41.55 $978,727 1.86 $43,813 East Branch Seg. I $5,392,200 92.33 $4,978,618 1.05 $56,618 Windermere Seg. J $3,895,320 62.99 $2,453,662 20.61 $802,825 Windermere Seg. K $2,205,720 61.39 $1,354,092 23.85 $526,064 Camino Tassajara Seg. L $1,136,440 43.42 $493,442 21.56 $245,016 Tomls $39,827,620 $21,773,632 $2,641,806 Net Difference in impacts between Dublin and Contra Costa County: Shapell Share (53% of Net Difference): Windemere Share {47% of Net Difference): RESULTANT WINDEMERE FEE (PER DWELLING UNIT) ADJUSTED SHAPELL FEE (CONSIDERING PREVIOUS GALE RANCH PAYMENT)* WINDEMERE FEE WITH 1% ADMIN FEE ADDED SHAPELL FEE WITH 1% ADMIN FEE ADDED *NOTE: Because Shapell paid only $246/unit for Gale Ranch (1,216 units), the remaining Shapell units will be charged the higher fee to make up the difference. g:\transeng\ml\dublin\Documents\FINAL Fee Calculation.xls $13,473,460 $7,140,934 $6,332,526 $1,225 $1,483 $1,237 $1,498 EXHIBIT E Improvements to Be Constructed by City of Dublin with Fee Revenues 1. Dougherty Road (Segments 1, 2, 3 and 4)* 2. Dublin Boulevard (Segment 6)** 3. Dublin Boulevard Extension (Segments 7, 8, SA, 9, 10 and 1'1)~ 4. Airway Boulevard (Segment '12)** 5. Hacienda Drive (Segments 13, ~14'and '15)** 6. Arnold Road (Segment 16)** 7. Central Parkway (Segments 16A, '17, 18 and 18A)** 8. Gleason Drive (Segments 19, 19A and 20)** 9. Scarlet Drive (Segment 21)* 10. Tassajara Road (Segments 22, 22A, 23, 24 and 25)* 11. Fallon Road (Segments 26, 26A, 27 and 28)* Note: References to "Segments" are to Segments shown on Exhibit D. *Tier 1 projects (see Section 12) **Tier 2 projects (see Section '12) EXHIBIT F Revenues to be RaiSed'and Fee Amounts Total Revenues to be collected from Valley Developments $13,473,460* La.nd .,Use Windemere Development' Shapetl Development Fee* $~,225 $1,483** per Dwelling Unit per Dwelling Unit *Fees will be adjusted pursuant to Section 10, '* The fee for the .1,216 units subject to the County Club at Gale Ranch Development Agreement will be $245' per unit.