HomeMy WebLinkAboutItem 8.1 Sewer Capacity Asst ProgramG~~~ OF Dp~l f~
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~9`~;~~~ STAFFREPORT CITY CLERK
~~ Il DUBLIN CITY COUNCIL File #^~0~-[~]~
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DATE: May 4, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE : Letter of Agreement with the Dublin San Ramon Services District (DSRSD) for the
creation of a Sewer Capacity Assistance Program
Prepared By: Linda Maurer, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider authorizing the City Manager to execute a Letter of Agreement
with the Dublin San Ramon Services District (DSRSD) to authorize the City to transfer the City's
unused sewer capacity to third parties for economic development purposes.
FINANCIAL IMPACT:
The approval of the proposed program is intended to be revenue positive to the City through the
generation of additional sales and property taxes.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving the agreement between
the City of Dublin and the Dublin San Ramon Services District (DSRSD) for the administration
of the unused City of Dublin sewer capacity.
/~/ Y
Submitted By Re iewed By
Assistant to the City Manager Assistan anager
Page 1 of 3 ITEM NO. .~
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DESCRIPTION:
For the past several months, staff from the City and the Dublin San Ramon Services District
(DSRSD) have discussed the potential for a joint economic development incentive program to
help stimulate economic growth in the community. The City of Dublin, through the purchase of
the existing Civic Center site (100 Civic Plaza) and the current Dublin Senior Center (former
Alameda County Library site - 7600 Amador Valley Boulevard), has over 66 Dwelling Unit
Equivalents (DUE) of sewer capacity in excess of the City's use requirement.
Both City and DSRSD staff designed an economic incentive program that allows the City to
transfer unused sewer capacity at City-owned facilities to private properties to encourage the
recruitment, renovation or re-use of properties in Dublin. The program would allow the City to
provide a credit of up to twenty-five percent (25%) of the connection fees that would otherwise
be paid by the applicant. For example, a new restaurant is looking to move to Dublin and their
sewer capacity requirement is 20 DUE (cost: approximately $300,000). Under this program, the
City could provide up to 25% of the required DUE (or 5 DUE) that could save the new business
approximately $75,000 in costs.
The City of Dublin / DSRSD Liaison Committee met on November 4, 2009 to discuss the
program and the DSRSD members supported a recommendation that its Board authorize the
investigation into the feasibility of the program. The DSRSD Board of Directors approved the
Sewer Capacity Assistance Program at its March 2, 2010 meeting and the agreement with the
City of Dublin to allow the re-allocation of regional and local sewer capacity rights.
Following the Board's action on March 2, 2010, City staff requested that the program also
extend to residential development projects that the City believes would have a economic benefit
to Dublin. An example of this could be a small infill residential project in the downtown,
whereby the residential project would create a higher and better use for the property, and also
possibly provide opportunities for better commercial development projects in its vicinity. The
DSRSD Board of Directors approved the requested change on April 20, 2010.
The City Council is being asked to consider a Letter of Agreement between the City of Dublin
and DSRSD (attached as Exhibit A to Attachment 1) which defines the procedures required for
the administration of the program. The criteria of the program are as follows:
1. The program will create a"deposit account" of the 66.2 DUE that will be held by the
District.
2. The City shall designate, through a letter to DSRSD, the name of the applicant for the
new, expanding or relocating business, the name of the property owner, and the number
of Dwelling Unit Equivalents (DUE) the City desires to allocate to the project.
3. District shall determine the wastewater flow characteristics of the business identified by
the City, and the DSRSD will decide whether the City's allocation request is consistent
with the wastewater flow characteristics for the project.
4. Prior to and as a condition of DSRSD issuing a Sewer Permit authorizing the project to
proceed, the City shall sign an agreement with DSRSD, the applicant and the landowner
(if the person is different than the applicant) regarding management of the DUEs
allocated for the project. The agreement between the City, District, applicant and/or
property owner(s) shall expressly authorize the District to sever, from the specific parcel
Page 2 of 3
of land, the specific number of DUEs having been designated by the City should the new,
expanding, or relocating business fail.
5. The aggregate of the net credits to the deposit account at any one time shall not exceed
the total of sixty six and two-tenths (66.2) DUEs.
The City Council is being asked to consider adopting
approving the Letter of Agreement with the Dublin Sa
authorizing the City Manager to execute the agreement.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
the proposed resolution (Attachment 1)
n Ramon Services District (DSRSD) and
If the agreement is approved, Staff will begin marketing the program to interested commercial
tenants.
ATTACHMENTS:
Resolution of the City Council of the City of Dublin Approving
the Letter of Agreement between the City of Dublin and the
Dublin San Ramon Services District (DSRSD) for the
Administration of the Unused City of Dublin Sewer Capacity.
o Exhibit A- Letter of Agreement between City of Dublin
and the Dublin San Ramon Services District for the
Administration of the Unused City of Dublin Sewer
Capacity (with DSRSD Board Resolution Nos. 09-10
and 14-10 and Agreement for Permitting Reallocation
of Regional and Local Sewer Capacity Rights as
Attachment A, B and C, respectively, to the letter).
Page 3 of 3
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RESOLUTION NO. XX - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A LETTER OF AGREEMENT WITH
THE DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) FOR THE
ADMINISTRATION OF UNUSED CITY OF DUBLIN SEWER CAPACITY
WHEREAS, the City Council of the City of Dublin (the "City") is desirous of improving the
economic viability of the community through the establishment of certain economic incentive
programs; and
WHEREAS, in an attempt to attract new businesses or retain and/or expand existing
businesses that will provide additional jobs and generate additional,tax revenues for the City,
as well as for certain residential projects that will likely result in greater economic activity in
Dublin, Staff is requesting City Council consideration of an agreement with the Dublin San
Ramon Services District (DSRSD) that will allow the City to provide unused City sewer capacity
rights to new and/or existing businesses and/or projects; and
WHEREAS, the proposed program would require the City, DSRSD, property owner and
applicant to enter into a agreement permitting the re-allocation of regional and local sewer
capacity rights, and the agreement will be recorded with the Alameda County Recorder's Office,
and
WHEREAS, the City Council finds it is in the public interest to enter into this agreement
because the City and its residents will benefit from increased revenues received from both sales
tax revenue that it may not otherwise receive, and from the increase in the property taxes as a
result of improvements to the property; and
WHEREAS, the City Council further finds that the City and its residents may also benefit
from the creation of new jobs in the City that will occur when a new business is established or
an existing business is expanded; and
WHEREAS, the City Council further finds that the City and its residents may also benefit
from the creation of construction jobs created from residential projects that are developed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Letter of Agreement with the Dublin San Ramon Services District (DSRSD)
for the Administration of Unused City of Dublin Sewer Capacity (attached as Exhibit A).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement substantially in the form attached hereto and to undertake such action as may be
necessary and desirable to carry out the intent of this resolution.
PASSED, APPROVED AND ADOPTED this _th day of , 2010, by the following
vote:
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ATTACHMENT 1
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 1
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DUBLIN
SAN RAMON
SERVICES
DISTRICT
Apri121, 2010
Ms. Joni Pattillo
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Letter of Agreement for the Administration of
Unused City of Dublin Sewer Capacity
Dear Joni:
7051 Dublin Boulevard
Dublin, California 94568
Phone: 925 828 0515
FAX: 925 829 1180
w~cvw.dsrsd.com
As you are aware, at the request of the City of Dublin (City), on March 2, 2010, the Board of
Directors of Dublin San Ramon Services District (District) adopted Resolution No. 9-10
(Attachment A) authorizing the City to transfer unused sewer capacity allocated to City
properties to commercial properties where the City would like to stimulate economic growth.
The resolution requires a Letter of Agreement between the City and District to define the
administrative procedures for the administration of the program. In addition, on April 20, 2010,
the District Board of Directors adopted Resolution No. 14-10 (Attachment B) authorizing the
City to also transfer unused sewer capacity to residential development. Upon the City's approval
and acceptance, evidenced by your signature below, this letter will serve as the required Letter of
Agreement.
The procedures for administering the unused capacity transfer program shall be as follows:
• City shall provide to District Engineer, David A. Requa, a letter providing the name of
(and contact information for) the applicant for the new, expanding, or relocating business
(hereinafter, "commercial project") or residential development project (hereinafter,
"residential project" or collectively "project") the City is supporting, the name of (and
contact information for) the owner(s) of the property on which the project is located (if
different than the applicant for the project) and the number of dwelling unit equivalents
("DUEs") the City desires to allocate to the project.
• The District Engineer shall have the discretion to determine whether the number of DUEs
the City desires to allocate to the project are consistent with the wastewater flow
characteristics, including volume and strength in terms of BOD and SS, for the proposed
use. Such determination will be based, in the sole discretion of the District Engineer, on
o~b„n San R~on sen2~es D~stri~t,s a~b~« Ent;Ty EXHIBIT A
Ms. Joni Patillo
Page 2
Apri121, 2010
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information concerning the wastewater flow characteristics provided by the Applicant,
and/or on a schedule of wastewater flow characteristics for the category or categories of
use classifications determined by the District Engineer to be most applicable to the
proposed use.
• The Applicant shall be responsible for complying with the District Codel with respect to
commencing wastewater service, including the acquisition of all additional DUEs
determined to be necessary, the application for a Sewer Permit and compliance with all
conditions thereto, and for paying all fees and charges attributable to the project.
Prior to and as a condition of District issuance of a Sewer Permit authorizing a
commercial project to proceed, City shall sign an agreement with the District, the
applicant, and the landowner (if a person different from the applicant) regarding
management of the DUEs allocated for the project, which agreement shall be in the form
attached hereto as Attachment C, which form of agreement shall be revised to conform to
changes made from time to time to pertinent portions of the District Code.
City shall provide District written notification should the applicant's commercial project
fail and the City desires to transfer the allocated DUEs back to the City from the owner of
the property.
~ The aggregate total of DUEs allocated under this program shall not exceed sixty-six and
two-thirds (66 2/3) DUEs at any time.
No letter request dated after December 31, 2011 by the City to allocate DLTEs will be
honored by District unless approved by the District Board of Directors.
If this Letter of Agreement is satisfactory to the City, please sign and return one copy to the
District. The District is pleased to have this opportunity to assist the City in these challenging
economic times.
Sincerely,
,' / "y~ ~ ~
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c~ ~EG L~~
BERT L. MICHALCZYK
General Manager
ACCEPTED for CITY OF DUBLIN
JONI PATTILLO Date
City Manager
1. This is the District Code of the Dublin San Ramon Se:vices District, which contains the pertinent rules and
regulations as adopted by the District's Board of Directors from time to time,
Ms. Joni Patillo
Page 3
April 21, 2010
Attachments:
(A) DSRSD Board Resolution No. 9-10
(B) DSRSD Board Resolution No. 14-10
(C) Dublin Sewer Capacity Transfer Agreement
cc: D. Requa
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H:\ENGDEPT\Dept Items~ENGMGR~DLTBLIN\DL7E Allocation~I,etter of Agreement - Dublin Fina] draft.doc
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Attachment A
RESOLUTION NO. 9-10
RESOLUTION OF THE BOARI~ OF I~IRECTORS OF I~UBLIN ~AN RAIvION SERVICE~
BISTI~ICT APl'I~OVIl~tG REFUNDINC'r UN LJSED SEWER CAPACITY TO CITY OF IJUBLIN IlV
ACCORDANCE WITH DISTRICT COI~E SECTION 7.2.12.B.
WHEREAS, Section 7.2.18 of the District Code of Regulations authorizes the District, in
accordance with the public health, welfare, safety, necessity ar~d convenience, to issue permits for
future connections to the l~istrict's wastewater system; and
WI-IEREAS, Section 7.5.13 of the District Code of Regulations authorizes the District to
enter into an agreement with a govenunental agency to provide :wastewater collection and/or
treatment services in exchange for special rates and charges representing an equitable share of the
costs thereof; and
WHEREAS, Section 7.2.17 of the l~istrict Code of I~egulations authorizes the District, in
accordance with the public health, welfare, safety, necessity and convenience, to enter into an
agreement with a governmental agency for priority governmental connections to the District's
wastewater system to facilitate the governmental agency's performance of necessary governmental
functions or services under its jurisdiction; and
WHEREAS, Section 7.2.12 of the District Code provides for the acquisition by governmental
agencies of capacity rights in the District's wastewater system; and
WHEREAS, Section 7.2.12.B of the I~istrict Code authorizes the l7istrict to refund, to
governmental agencies, fees paid for the acquisition of capacity rights ui excess of the agencies'
requirements, as determined by the 1~istrict; a.nd
WHEREAS, City of Dublin ("City") has purchased, for the Civic Center parcel, fifty and two
tenths (50.2) dwelling u.nit equivalents ("DUEs") of excess sewer capacity as determined by the
District, and City has purchased, for the Senior Center parcel, a.n additional sixteen (16) DUEs of
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Res. No. 9-10
excess sewer capacity as dete~mined by the I~istrict; and
WHEREAS, the City is experiencing an unprecedented severe redltction in economic
development resulting in adverse impacts to the public health, welfa.re, safety, necessity and
converuence and a reduction of revenues available to the City to support stimulating economic
development and investmen-t; and
WHEREAS, the Ciry, in the exercise of its police powers to advance the public health,
welfare, safety, necessity aaid convenience, desires to suppoi-t and stimulate economic development
and investment within the City by providing assistance to sp.ecific new, expanding, or relocating
businesses that the City deems eligible for such assistance because fhe business will create jobs,
generate revenue for the City, or otherwise stimulate economic and culttiral activity; and
WHEREAS, the City has requested that the District, in lieu of refunding fees paid by the City
for the acquisition of capacity rights in excess of the City's requirements, as determined by the
District ("excess fees"), allow said excess fees to be used instead as a credit against up to twenty-five
percent (25%) of the connection fees that otherwise would be paid by the new, expanding, or
relocating business; and
WHEREAS, the contemplated development within the City will also benefit the Dist~ict due
to fhe increase in rate rev.enue as the result of the addition of each new sewer customer.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF I~IRECTORS OF DUBLIN
~AN RAMON ~ERVICE~ DISTRICT, a public agency located in the counties, of Alameda and
Contra Costa, that the General Manager or his designee is hereby authorized and directed as follows:
l. To execute for and on behalf of the I~istrict a letter agreement with the City of l7ublin to
develop and implement an administrative procedure to credit sewer connection fees to the City for its
use thl-ough creation and administration of a City "deposit account" held by the District in
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Res. Nae 9-10
accordance with the following criteria: ,
a. Credits to the deposit account sha11 be for a specific number of DUEs for a specific
development on a specific parcel of land, as designated in writing by the City.
b. Debits to the deposit account sha11 be for the specific number of L~UEs having been
so designated by the City in writing, effective when the construction permit is issued
by the District for the specific development designated by the City.
c. District shall issue such a construction permit only after a suitable written agreement,
among District, City and the property owner(s) of the specific pa-rcel of land, duly
signed and aclcnowledged, is delivered to the I~istrict for recordation.
d. The aggregate of all net credits to the deposit account at any one time shall not
eYCeed a total of sixty-six and two-tenths 1~UEs.
e. No credits to the account may be made after December 31, 2011 without approval by
subsequent Resolution of the Board.
2. To develop a standard form of a written agreement that suitably protects the respective
interests of District and City for use as specified in the preceding provisions, and to present the foirrn
for approval by the Board. At a minimum, such agreement shall expressly authorize the Bistrict to
sever, from the specific parcel of land, the specific number of I~UEs having been designated for use
on that parcel by the City in accordance with the preceding provisions, should the new, expanding, or
relocating businesses fail, and should the City, in v~niting, designate those I~UEs for a specific
development on a different parcel of land to provide assistance to another new, expanding, or
relocating business that the City deems eligible for such assistance because the business will create
jobs, generate revenue for the Ciry, or otherwise stimulate economic and cultural activity.
3. To eYecute ior and on behalf of the I~istrict, and su.bmit for recordation as appropriate,
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Res. No. 9-10
any and all additional documents as may be necessaiy to implement the procedure, each in a form
approved by legal counsel.
ADOPTEI) by the Board of I~irectors of I~ublin ~an Ramon Services Dist~ict, a public
agency in the ~tate of California, counties of Alan~eda and Contra Costa, at its regular meeting held
on the 2nd day of March 2010, and passed by th~ following vote:
f~YE~: 5- Directors Daniel Je Scannell, Georgean Me Vonheeder-Leopold,
Richard M, Halket, DeL, (Pat) Howard, Jeffrey G, Hansen
NOES: ~
AB
ATTEST:
H:~Boarcfl03-02
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Attachment B
RESOLUTION N0. 14-10
RESOLUTION OF THE BOARD OF DIRECTORS OF DITBLIN SAN RAMON SERVICES
DISTRICT APPROVING AIVD EXPANDING THE AD1VIIIVISTRATIVE PROCEDLTRE TO
REALLOCATE UNUSED SEWER CAPACITY TO CITY OF DIIBLIN AS AUTHORIZED BY
RESOLUTION. NO. 9-10 TO INCLUDE RESIDENTIAL LJNITS 1N ACCORDANCE WITH '
DISTRICT CODE SECTION 7.2.12.B.
: WHEREAS; Section 7.2.18 of the District Code of Regulations ("District Code") authorizes
: the District; in accordance with the public health, welfare, safety, necessity and convenience, to issue
permits for future connections to the District's wastewater system; and
. WHEREAS, Section 7.5.13 of the District Code authorizes the District to enter into an
agreernent with a govemmental agency to provide wastewater colleetion and/or treatment services in
exchange for special rates and charges representing an equitable share of the costs thereof; and
WHEREAS, Section 7.2.17 of theDistrict Code authorizes the District, in accordance with
the public health, welfare, safety, necessity and convenience, to enter into an agreement with a
governmental agency for priority governmental conneetions to the District's wastewatex system to
facilitate the governmental agency's performance of necessary governmental functions or services
under its jurisdiction; and
WHEREAS; Section 7.2.12 of the District Code provides for the acquisition by go~ernmentaL
agencies of capacity rights in the District's wastewater system; and
WHEREAS, Section 7.2.12.B of the District Code authorizes the District to refund, to `
govemmental agencies, fees paid for the acquisition of capacity rights in, excess of the agericies'
requirements, as determined by the District; and
WHEREAS, City of Dublin ("City") has purchased, for the Civic Center parcel, fifty and two
tenths (50:2) dwelling unit equivalents ("DUEs") of excess Local and Regional sewer capacity; and
City has purchased, for the Senior Center and Senior Housing parcels, an additional sixteen (16);
DUEs of excess Local and Regional sewer capacity; and
1 ~~ a ~
Res. No. 14-10
WHEREAS, City is exper.iencing an unprecedentedly severe reduction in economic
developrnent resulting in adverse impa.cts to the public health, welfare, safety, necessity and
convenience and a reduction af revenues available to City to support stimulating economic
development and investment; and
WH~REAS, City, in the exercise of its police po~wers to advance the public health, weifare,
safety, necessity and converiience; det~rmined that it desired to support and stimulate economic
development and investment ~vithin the City by providing assistance to specific new, expanding, or
relocating businesses that the City deemed eligible for. such assistance beca.use the business will
create jobs, generate revenue for the City, or otherwise stimulate ecanomic and cultural activity; and
WHEREAS, District approved Resolution No. 9-10 authorizing the development and
implementation of an administrative procedure to allow Ciiy to credit excess conn~ction fees paid for
the acquisition of capacity ri.ghts in excess ofthe City's requirements, as determined by the District,
for new, expanding or relocating businesses that the City deemec~ eligible for such assistance; and
WIIEREAS, City desires to fizrther support and stimul.ate economic development and
investment within the City by also providing assistance to specific residentia.l housing proj ects that
the City deemed eligible for such assistance because tlie construction and related activities will create
jobs, provide housing, generate revenue for the City, or otherwise stimulate economic and. cultural
activity; and has requested that the Districtys administrative procedure be expanded to include
residential units of importance to City; and
WHEREAS, the expanded residential development within City will also benefit District due
to the increase in rate revenue as the result of the additinn of each new sewer customer.
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Res. No. 14-10
NOW, THEREFORE, BE TT RESOLVED BY THE B011RD OF DIRECTORS OF DUBLIN
SAN RAMON SERVICES DISTRICT, a public agency located in the counties of Alameda and
Contra Costa, Califomia, thaz the administrative procedure authorized by Resolution No. 9-10 shall
be revised as specified herein to include residential units that the City deemed important to City.
BE IT FURTHER RESOLVED that the letter agreement, which Resolution No. 9-10
authorizes and directs the General Manager or his designee to execute for and on behalf of the
District, shall provide the following additional criterion with respect to residential projects:
a. Once DUEs are designated by the City for use on a specific parcel of land to provide
assistance to a residential proj ect, those DUEs will not be severed from the specific parcel for use on
a different parcel of land (subject to the provisions of to the District Code relating to the reduction,
expiration, ar termination of Sewer Permits and Capacity Rights), nor will the allocated DUEs be
transfemed back to the City.
ADOPTED by the Board of Directors of the Dublin San Ramon Services District, a public
agency in the State of California, counties of Alameda and Contra Costa, at its regular meeting held
on the 20th day of Apri12010, and passed by the following vote:
AYES: 5- Directors Daniel J. Scannell, Georgean M. Vonheeder-Leopold,
Richard M. Halket, D.L. (Pat) Howard, Jeffrey G. Hansen
NcT~
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ATTEST:
ottBlJN SAN RAMO~v SERVK~S DI~lCt'
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H:~Board\04-20-10~Duhlin Resale of Capacity for ResidenflaAResolution - Dublin DUE Refund residentual_rvv.dbc ~
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Attachment C
AGREEMENT PERMITTING REALLOCATION OF
REGIONAL AND LOCAL SEWER CAPACITY RIGHTS
This Agreement, made and entered into this day of , 20_, by
and between the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the Counties of
Alameda and Contra Costa, California ("District"), CITY OF DUBLIN, a general law city in the
County of Alameda ("City"), PROPERTY OWNER'S NAME IN ALL CAPS ("Owner") and
APPLICANT'S NAME IN ALL CAPS ("Applicant");
WITNESSETH:
WHEREAS, Applicant has requested and applied for a Sewer Permit from the District to
receive service from the District's sewer facilities; and
WHEREAS, City has agreed to allocate City capacity rights for Applicant's new, expanding,
or relocating business (hereinafter, "project" or "Applicant's Project"); and
WHEREAS, Owner acicnowledges the benefits of using such an allocation to support
Applicant's Project, and believes that those benefits outweigh the risk that such an allocation could
subsequently be removed from the Owner's Property if Applicant's Project is unsuccessful; and
WHEREAS, Owner is therefore willing to agree that if Applicant's Project fails, City may
recover the full amount of City's capacity rights that City has allocated to Applicant's project; and
WHEREAS, under the circumstances specified in, and pursuant to the provisions of,
District Resolution No. 9-10, a portion of City's capacity rights may be allocated to Applicant's
Project pursuant to written agreement in a form approved by the District's Board of Directors; and
WHEREAS, City, Owner and Applicant desire to enter into such agreement in the form
hereof as heretofore approved by the District's Board of Directors;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. Definitions. The following words and terms as used herein shall have the meanings
respectively ascribed thereto except to the extent that any one or more of said
definition(s) may from time to time be amended or revised by the District's Board of
Directors through amendment of the District Code affecting (and/or renumbering) the
provisions referenced below:
A. Applicant - hereinabove described.
B. Applicant's Project -(DESCRIPTION OF PROJECT)
C. BOD - defined in the District Code, Section 7.1.O1.E, as follows:
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"BOD (biochemical oxygen demand) means the quantity of dissolved oxygen
utilized in a biochemical oxidation of organic matter under standard
laboratory procedure in five days at 20 degrees centigrade."
D. Capacity Rights - defined in the District Code, Section 7.1.O1.F, as follows:
"Capacity rights means the flow, BOD and SS capacity purchased by a user
upon obtaining a sewer permit, or, if such data is not available, the peak
month loadings of user during some prior calendar year when it can be shown
to the satisfaction of the district engineer that the prior year's peak month
loadings are more representative of a user's use of the wastewater system."
E. District - hereinabove defined.
F. District Code - the District Code of the Dublin San Ramon Services District,
as adopted, and as amended from time to time by the District's Board of
Directors.
G. Local Sewer Connection Fee - defined in the District Code, Section
7.6.02.A, as follows:
"Local sewer connection fees: For each single family dwelling unit; for each
second dwelling unit; and for all other users, [are] as determined by the
district engineer, based on peak month flow to be discharged to the sewer
system."
H. Non-transferability of permits - defined in the District Code, Section
7.2.13, as follows:
"Each sewer permit issues and the capacity rights conferred run with the land,
subject to the provisions relating to the termination of a permit for failure to
connect to the district's sewerage system within the time provided, and shall
not be terminated to, or used for, any property other than the property for
which the permit was originally issued."
L Owner - hereinabove defined.
J. Owner's Property - Assessor's Parcel No.
K. Regional Sewer Connection Fee - defined in the District Code, Section
7.6.02.B, as follows:
"Regional sewer connection fees: For each single family dwelling unit;
each second dwelling unit; and for all other users, [are] as determined by
the district engineer, based on peak month flow, BOD and SS to be
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discharged to the sewer system."
L. Residential Discharge Equivalency - as defined in the District Code,
Section 7.1.O1.TT, as follows:
"Residential discharge equivalency means a unit of wastewater discharge
equal in volume and strength to the discharge of a typical single-family
residential user. This shall be 220 gallons per day of flow, 0.421b. per day of
BOD, and 0.45 lb. per day of SS."
M. SS - defined in the District Code, Section 7.1.O1.DDD, as follows:
"SS (suspended solids) means solids that either float on the surface of or are
in suspension in water, sewage or other liquids and which axe largely
removable by laboratory filtration procedures."
N. Sewer Permit - defined in the District Code, Section 7.1.O1.LL.1, as follows:
"The sewer permit confers upon the premises to which it relates the capacity
rights stated in the permit, and if not stated, the capacity rights equivalent to a
single-family dwelling."
Notwithstanding any implication to the contrary, this Agreement shall remain in
effect despite the revision or repeal of any of the sections of the District Code,
including without limitation those referenced above.
2. Allocated Capacity Ri~hts. In response to the Applicant's request City shall,
subject to the right to terminate set forth in Paragraph 4, allocate Capacity Rights to
Owner's Properiy in the amount of xxxxx gpd (gallons per day) flow, xxxxx pounds
per day BOD and xxxxx pounds per day SS [or, xx.xx Residential Discharge
Equivalencies, as applicable]. Said allocation shall be provided to Applicant as an
equivalent portion of credit toward both Regional Sewer Connection Fee and Local
Sewer Connection Fee due for Applicant's Project. Said allocation shall become
effective upon Applicant's payment of the remainder of fees due and District
issuance to Applicant a Sewer Permit for Applicant's Project. In recognition of the
benefits flowing from the allocation of additional Capacity Rights to Owner's
Property as specified in this Agreement, Owner expressly waives the protections that
would otherwise be afforded to Owner by the District Code, including without
limitation those sections referenced above, to the extent they are determined by the
District to be inconsistent with the provisions of this Agreement.
3. Term of A~reement; Effect of Termination. This Agreement shall become
effective upon the date first hereinabove written and, unless earlier terminated
pursuant to Paragraphs 4 or 6 hereof, shall expire ten (10) years from the date of
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issuance of a Certificate of Occupancy pertaining to the Applicant's Project located
on Owner's Property.
In the event of termination by District pursuant to Paragraph 4 or Paragraph 6 of this
Agreement, all rights and privileges of Owner and Applicant hereunder shall cease
and terminate, and all Capacity Rights allocated pursuant to this Agreement shall
forthwith revert to City, and become the property of City, and the Sewer Permit
issued hereunder shall be amended to reflect the reallocation to City of all Capacity
Rights allocated pursuant to this Agreement and the commensurate reduction in
Capacity Rights allocated to Owner's Property. District or City may, but shall not be
required to, record a Notice of Termination against the Owner's Properiy upon which
the Applicant's Project is or was located.
Notwithstanding the foregoing, the Capacity Rights allocated to Owner's Property by
virtue of the Connection Fees paid by Applicant shall remain allocated to Owner's
Property and shall run with such land, subject to the provisions of to the District
Code relating to the reduction, expiration, or termination of Sewer Permits and
Capacity Rights.
4. Allocation Expressly Conditional on Continuin~ Operations: During the term of
this Agreement, should the City determine that Applicant's Project has ceased
operations, all rights and privileges of Owner and Applicant under this Agreement,
shall cease and, upon the written request of City, the District may terminate this
Agreement upon five (5) days' written notice, whereupon all Capacity Rights
allocated pursuant to the Sewer Permit issued hereunder shall, as specified in
Paragraph 3(Term of Agreement; Effect of Termination), revert to City, and become
the property of City. District's right of termination under this Paragraph 4 is in
addition to, and separate from, District's right of termination pursuant to Paragraph 6
(Hold Harmless).
5. Non-Assi~nability. Neither this Agreement, nor any interest herein, may be
assigned, conveyed, or in any manner transferred by Owner or Applicant to anyone,
including any successor to the Owner (of the Owner's Properiy) or any successor to
the owner of Applicant's Proj ect, or to or by one or more tenants thereof, without the
prior written consent thereto signed by the City Manager and the District's General
Manager, which consent may be conditioned upon the signature of the successor(s)
upon a recordable instrument by which the successor(s) assume(s) all of the rights
and obligations of its predecessor under this Agreement, which shall, at the election
of either the City or the District, be recorded against the Owner's Property upon
which the Applicant's Project is or was located. District and City shall not
unreasonably withhold its consent to an assignment to the successive owner(s) of
Owner's Property or to the successive owner(s) of Applicant's Project.
Notwithstanding the foregoing, no assignment of the Sewer Permit issued hereunder,
or the Capacity Rights pertaining thereto, shall be made with respect to any other
property than Owner's Property hereinabove defined except as specified in
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Paragraphs 2 or 4 above.
6. Hold Harmless. Applicant shall hold harmless, defend, and indemnify District, its
Board of Directors, officers, employees, consultants, and agents from and against any
and all claims, suits, causes of action, or other proceedings for damages, injuries,
losses, costs (including attorneys' fees and costs of suit or other dispute resolution
processes), or any other liability arising out of, or in connection with, the
performance, or failure to perform, any of the duties and obligations of Applicant
hereunder. The duty to defend shall include provision for all costs and fees,
including attorneys' fees, associated with such defense, and the selection of defense
counsel for District, its Board, officers, employees, consultants, and agents shall be
by District.
The duty of Applicant to indemnify District shall include the duty to defend as set
forth in California Civil Code Section 2778; provided that nothing herein contained
shall require Applicant to defend against claims for a liability excluded under the
provisions of California Civil Code Section 2782.
7. Successors. If, and to the extent, approved by the City Manager and the District's
General Manager pursuant to Paragraph 5 hereof, entitled Non-Assignability, the
duties, responsibilities, and rights pertaining and accruing to the parties hereto, shall
run with the land, and be binding upon and inure to the benefit of the successors,
administrators, assigns, and transferees of the respective parties hereto, subject to the
provisions of to the District Code relating to the reduction, expiration, or termination
of Sewer Permits and Capacity Rights.
8. Notices. All notices, necessary or convenient to the performance of the parties
hereunder, shall be in writing, and may be given to the parties by personal delivery,
or by mail, first class (or equivalent) postage prepaid, addressed in the case of District
as follows:
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568-3018
Attention: General Manager
in the case of City, as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
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in the case of Owner, as follows:
Applicant Company Name
Applicant Street Address ,
Applicant City, State, and Zip
Attention: Applicant Contact Person and Title
and in the case of Applicant, as follows:
Applicant Company Name
Applicant Street Address
Applical7t City, State, and Zip
Attention: Applicant Contact Person and Title
9. Recordation. This Agreement shall be submitted by the District to the County
Recorder's Office for the county in which the Owner's Property is located, for
recordation in the Official Records thereof, to give notice of the Agreement in the
public records. Upon recordation, the terms, conditions and obligations of the
Agreement shall run with such land, subject to the provisions of to the District Code
relating to the reduction, expiration, or termination of Sewer Permits and Capacity
Rights.
10. Paragraph Headin~s. Paragraph headings as used herein are for convenience and
shall not be deemed to alter or amend the paragraphs headed thereby.
11. Inte~ration. This Agreement comprises the entire agreement between the parties
with respect to the subject matter thereof, and supersedes and replaces any and all
prior understandings, oral or written, between the parties.
[No further text on this page.J
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
effective as of the date first hereinabove written.
DUBLIN SAN RAMON SERVICES DISTRICT,
a public agency of the State of California
By:
Bert Michalczyk, General Manager
ATTEST:
Nancy G. Hatfield, District Secretary
City of Dublin,
By:
Title
ATTEST:
Title
[TYPE Owners's Name & Title Here]
Date
[TYPE Applicant's Name & Title Here]
Date
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and effective as of the date first hereinabove written.
APPLICANT COMPANY NAME
By:
Applicant Contact Person, Title
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FOR DSRSD USE ONLY
State of California )
County of Alameda )
~n before me, , persona(ly
(name and title of officer)
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seaL
Signature of Notary Public
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