455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3005, WWW.MILPITAS.GOV
9/19/2023
Item C9
REVISED ATTACHMENTS AFTER
AGENDA PACKET DISTRIBTUION
• Item C9 - Revised Agenda Report
• Item C9 - Revised Attachment 1 “Fee Reimbursement Agreement” • Item C9 - Revised Attachment 2 “Budget Change Form”
CITY OF MILPITAS
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc.; and Approve Budget Appropriation in the Amount of $149180,000.00 to the Non-Departmental Operating Budget in the TASP Fund (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Roberto Alonzo, Principal Civil Engineer, 408-586- 3316)
Category: Consent Calendar-Community Development
Meeting Date: 9/19/2023
Recommendation: Authorize the City Manager to execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc.; and Approve budget appropriation in the amount of $149180,000.00 to the non-departmental operating budget in the TASP Fund.
BACKGROUND:
On January 18, 2022, the City Council approved a Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, Vesting Tentative Map No. MT21-0001 and Environmental Assessment No. EA21- 0002 to allow development of a 32-unit townhome subdivision comprised of two multi-family buildings, up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements on a 1.22 gross acre site located in the muti-family high density residential (R3) zoning district at 2001 Tarob Court (APN 086-36-034) within the Milpitas Metro Specific Plan area.
Projects within the TASP area are required to pay TASP Development Impact Fees (TASP Fee) to be used for design and construction of certain public facilities and improvements within the TASP area. In addition to the construction of the required TASP improvements for the project, the City requested the Developer to replace an existing 12-inch domestic water main within an existing PSUE along the south-eastern part of the property.
The water main replacement will serve more than the Developer’s properties within the TASP Area. The developer will be reimbursed for the actual cost to replace the water main, which is estimated not to exceed $149180,000 from the TASP Fund.
A Fee Reimbursement Agreement is proposed to allow for the reimbursement against the TASP Fund paid by the Developer for replacement of the existing 12” Domestic Water Main. The Fee Reimbursement Agreement has been reviewed by the City Attorney as to form.
ANALYSIS:
Staff recommends the City Council grant authorization to the City Manager to execute the Fee Reimbursement Agreement for the construction of the TASP Public Improvements. The Developer will be reimbursed for the actual cost for the construction of the new public improvement’s design and construction of the new 12 inch domestic water main line that runs along the south-eastern public service utility easement, which is estimated not to exceed $149180,000.
POLICY ALTERNATIVE(S):
Alternative 1:
Do not approve granting authorization to the City Manager to approve the Fee Reimbursement Agreement Amendment.
Pros: None
Cons: If the Fee Reimbursement Agreement is not authorized the City would have to find other means to construct the public improvements or have to construct the public improvements ourselves. The City has determined that there will be greater efficiency if the Developer replaces the new 12-inch domestic water main during the construction of their project.
Reason for Not Recommending: Granting acceptance of installed public improvements would allow the City to own and maintain the improvements and would ensure that water main infrastructure stay up to date and reduce the risk of infrastructure failure.
FISCAL IMPACT:
The fee reimbursement for the public improvements would be funded by the TASP Fee. The actual amount of the reimbursement will be based upon the actual cost for design and construction of the improvements. The estimated reimbursement amount is not to exceed $149180,000. A budget appropriation is needed from the TASP Fund.
California Environmental Quality Act (CEQA):
T
On January 18, 2022, City Council found and determined that the Project is exempt from further CEQA review pursuant to (1) CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning (2) CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan); and (3) CEQA Guidelines Section 15168 (Program EIR). As part of the analysis to develop the conclusion on January 18, 2022, an Addendum to the TASP EIR was determined to be the appropriate document to address the modifications rather than a subsequent or supplemental EIR. The Addendum was developed and fully addressed all potential impacts associated with the project, and no material changes were made to the project that altered the conclusions of the Addendum.
RECOMMENDATION:
Authorize the City Manager to execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc.; and Approve budget appropriation in the amount of $149180,000.00 to the non-departmental operating budget in the TASP Fund.
Attachment(s):
Attachment 1: Fee Reimbursement Agreement
Attachment 2: Budget Change Form
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CITY OF MILPITAS
FEE REIMBURSEMENT AGREEMENT
FOR TRANSIT AREA SPECIFIC PLAN PUBLIC FACILITIES AND
PUBLIC IMPROVEMENTS
This Fee Reimbursement Agreement for Milpitas Metro Plan Public Facilities and Public Improvements (the “Agreement”), dated as of ________, 2023, is by and between the City of Milpitas, a municipal corporation of the State of California (“City”), and KB Home South Bay, Inc., a California corporation (“Developer”).
WITNESSETH:
WHEREAS, Developer is the permittee of that certain real property (APN No. 086-36-034) located at 2001 Tarob Court in Milpitas, California; and
WHEREAS, on January 18, 2022, the City Council conditionally approved Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, Vesting Tentative Map No. MT21-0001, and Environmental Assessment No. EA21-0002 to allow development of a 32-Unit Townhome Subdivision comprised of two multi-family buildings, up to 50 feet in height (Three to Four Stories), with tandem garages accessed from a central drive aisle, and asso ciated site improvements on a 1.22 gross acre site located in the multi-family high density residential (R3) zoning district at 2001 Tarob Court in Milpitas, California while making findings of CEQA exemption (the “KB Housing Project”); and
WHEREAS, City has adopted a Milpitas Metro Plan and a Transit Area Specific Plan Development Impact Fee (the “TASP Fee”) to provide funds to finance public facilities and public improvements within the Milpitas Metro area; and
WHEREAS, City has adopted a Fiscal Mitigation and Services Plan for the TASP (EPS no. 17107) in 2008, as amended in 2014, outlining the public facilities and public improvements that are to be constructed with the TASP fees (the “Financing Plan”); and
WHEREAS, the Project is in the Milpitas Metro area and subject to the TASP Fee; and
WHEREAS, the total Milpitas TASP Fee for the Project is estimated to be One Million Four Hundred Eight Thousand Two Hundred Eighty-Eight Dollars ($1,408,288). and
WHEREAS, in partnership with the Developer, the City has requested that the developer replace an existing water main that is long passed its recommend life cycle. The developer agrees to replace the water main requested by the City and the City will reimburse the Developer for the construction costs. A complete list of reimbursable items are shown in Exhibit A. (the foregoing being the “Improvements” and the construction documents describing the Improvements being the “Designs”). The Improvements and Designs are included in the Financing Plan and would otherwise be financed by the Milpitas TASP Fee, and which Improvements and Designs will serve more than the KB Housing Project; and
WHEREAS, City and Developer desire to enter into this Agreement to provide for allowable reimbursement against the Milpitas TASP Fee paid by Developer for the Improvements and Designs.
NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Developer hereby agree as follows:
SECTION 1. Allowable Fee Reimbursements
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Subject to the terms, conditions, and obligations of this Agreement, the City shall provide reimbursement to the Developer, from a portion of the Milpitas TASP Fee actually paid by Developer, in an amount based on verifiable actual costs of the Improvements and Designs pursuant to the procedure in Section 9 of this Agreement, which shall equal the actual amount paid by Developer to complete the Improvements and Designs. Under no circumstance shall the reimbursement exceed the amount of One Hundred Eighty Thousand Dollars ($180,000). Under no circumstance shall the reimbursement exceed the actual amount of the TASP fee paid by the developer.
SECTION 2. Reimbursement Issuance Timing
2.1 Developer shall pay the City the full applicable Milpitas TASP Fee, prior to issuance of building permits per conditions of approval 79.
2.2 City shall pay to Developer the reimbursement required hereunder upon Developer’s completion and City’s acceptance of the Improvements and Designs as stipulated hereinafter, including Developer’s provision of all supporting documentation for all costs in accordance with the timing specified in Section 9 below.
SECTION 3. Completion of the Improvements
3.1 Developer shall complete construction of the Improvements in accordance with the plans and specifications approved by City and in accordance with City standard construction specifications and this Agreement, and the related Improvement Agreement. All Improvements shall be completed (determined by filing of a notice of completion) prior to issuance of first certificate of occupancy for the KB Housing project.
3.2 In the event the Improvements are not fully constructed and accepted by City as set forth herein, Developer shall be in breach of this Agreement, and in violation of the Project conditions of approval. In addition to all other legal remedies available at law or equity, City may seek reimbursement from Developer for all reimbursements provided under this Agreement including interest at the legal rate. Additionally, City may withhold any and all certificates of occupancy, building permits or any other City approval or permit relating to the Project.
SECTION 4. Inspection of Improvements
4.1 City shall at all times have access to the construction site during construction of the Improvements. Developer shall furnish City with all reasonable information necessary for ascertaining full knowledge of the Improvements with respect to the progress, workmanship and character of materials and equipment used and employed in the work contemplated herein.
4.2 Neither observation of the work by City nor failure of City to inspect the Improvements or to discover defects in material or workmanship shall relieve Developer from its obligations to complete construction in accordance with the plans and specifications approved by City and to ensure that the Improvements are free of defects in materials and workmanship.
SECTION 5. Acceptance of the Improvements
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5.1 At such time as the Developer believes that the Improvements are complete, the Developer shall provide written notice of completion to the City, requesting an inspection. Within ten (10) business days, or as mutually agreed following the date of receipt of the Developers’ written notice of completion of Improvements, the City shall conduct a final inspection of the applicable Improvements. If during the final inspection, the City determines that the Improvements have not been completed in accordance with all applicable codes, regulations, permits and approved plans, the City shall prepare a punch list of all items to be completed by the Developer and shall provide such punch list to the Developer within ten (10) business days or as mutually agreed following the final inspection.
5.2 If the City delivers such punch list to the Developer within said ten (10) business day period, or such other mutually agreed upon period, then the Developer shall undertake to repair such punch list items in a diligent manner within twenty (20) calendar days. Upon completion of the punch list work, the Developer shall request another final inspection from the City and within ten (10) business days following such written notice from the Developer, the City shall conduct another final inspection.
5.3 If the City determines that the punch list work is complete and no other deficiencies are identified, the Developer shall be deemed to have successfully completed the final inspection.
If the City determines that the punch list work is not complete, then City and Developer shall repeat the inspection/punch list procedures specified in this Section until the successful completion of the punch list work and a final inspection. At such time as Developer has successfully completed the final inspection, City shall schedule the initial acceptance of the completed Improvements within thirty (30) calendar days thereafter before the City Council.
SECTION 6. Conveyance of the Improvements
Once the Improvements are accepted by the City Council and no liens have been filed with respect to such Improvements within ninety (90) days following the date of filing the Notice of Completion for such Improvement (or if valid liens were filed during such period, such liens have been bonded around or removed prior to acceptance), the Improvements shall become the property of the City. The Developer shall take any and all actions necessary to convey to the City and vest in the City full, complete and clear title to the Improvements through the City’s initial and final acceptance procedures.
SECTION 7. Completion and Acceptance of the Designs
7.1 Developer shall perform and complete the Designs in accordance with the Project conditions.
The Designs are considered deemed complete upon approval of the construction plans and specifications, including all required supporting documents by the City. 4 34905\14361213.2
7.2 In the event the Designs are not fully completed and approved by City and/or other public agencies as set forth herein, Developer shall be in breach of this Agreement and in violation of the Project conditions of approval. In addition to all other legal remedies available at law or equity, City may seek reimbursement from Developer for all reimbursements provided under this Agreement including interest at the legal rate (if and to the extent any such reimbursements have been provided hereunder). Additionally, City may withhold any and all certificate of occupancy, building permit, or any other City approval or permit relating to the Project. City approved plans and specifications, including all supporting documents become City property upon completion of the Designs.
SECTION 8. Delivery of Design Plans and Specifications
Prior to acceptance of the Improvements by the City, the Developer shall deliver to the City copies of all plans, specifications, shop drawings, as-built plans, operating manuals, service manuals, warranties and other documents relating to the design, construction, installation and operation of the applicable Improvements. Plans shall be submitted in CAD format, GIS format and/or PDF format as acceptable to the City.
SECTION 9. Supporting Documents for the Actual Costs
Following Developer’s completion and City’s acceptance of the Improvements and the Designs provided in Sections 3 to 8 above, the Developer shall provide final invoices, records, change order documents, payment invoices, cancelled checks and other necessary documents, as requested by the City, in order to provide to the City a final accounting of the total amount of actual costs for the Improvements and the Designs. The City shall thereafter have sixty (60) days in which to review and approve such items. If the City notifies the Developer within that 60-day period that it does not approve all such items, and, if the Developer disputes the disapproval of such items by the City, the sixty (60) days may be extended as mutually agreed upon to provide an opportunity for the Parties to use diligent and good faith effort to resolve said dispute. Assuming no dispute as to the final accounting (or once said dispute has been resolved), the City shall, within thirty (30) days thereafter, reimburse the Developer the actual costs to complete the Improvement and Design, as documented in the final accounting, not to exceed the amount of TASP fees paid by the Developer. The amount of the actual costs for the Improvements and the Designs shall not exceed the estimated value for “KB Housing Project Improvements” identified on Exhibit “A” in the amount not to exceed One Hundred Eighty Thousand Dollars ($180,000) without the express prior written approval of the City, which will require an amendment of this Agreement.
SECTION 10. Limited City Obligation
The reimbursement obligations arising from this Agreement are neither a debt of the City nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except for the developer impact fees that would have otherwise been collected for the Improvements, the Designs and other capital facilities set forth in the Project plans for the TASP Fee program. Neither the City of Milpitas general fund nor any other fund of the City, except the TASP Fee program, shall be liable for the reimbursement or payment of any obligations arising from this Agreement. The reimbursement or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement. The Developer shall not compel the forfeiture of any of the City’s property to satisfy any obligations arising from this Agreement.
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SECTION 11. Liens, Claims, and Encumbrances
Prior to acceptance of the Improvements by the City, the Developer shall provide a written guarantee and assurance to the City that there are no liens, claims, or monetary encumbrances on the Improvements and the Designs, together with unconditional final releases from all contractors and material suppliers, and with copies of invoices and corresponding checks issued by the Developer for all items for which fee reimbursements are requested under this Agreement for the Improvements and the Designs. The City shall have no obligation to accept the Improvements, or to issue any reimbursements for Improvements and the Designs until the Developer has cleared any and all liens, claims and monetary encumbrances from the Improvements and the Designs and provided the required documentation, guarantee and assurance in writing, to the satisfaction of the City.
SECTION 12. No Third Party Beneficiary
By entering into this Agreement, City is not entering into any contract or agreement with any general contractor, subcontractor, or other party nor is any general contractor, subcontractor, or other party a third party beneficiary of this Agreement, and City shall have no obligation to pay any general contractor, subcontractor, or other party for any work that such general contractor, subcontractor, or other third party may do pursuant to the plans and specifications for the Improvements and the Designs.
SECTION 13. Warranty and Repair
In accordance with this Section 13 and the terms and conditions of the Subdivision Improvement Agreement, Developer hereby warrants the Improvements as to materials and workmanship and should any failure of any Improvements occur within a period of one (1) year after initial acceptance of such Improvements by City Council, the Developer shall promptly cause the needed repairs to be made without cost to the City. The provisions contained herein shall not be deemed to limit any rights Developer has or may have to seek damages or other relief from any acts or omissions of any contractor involved in the construction or design of the Improvements. Nothing herein shall be construed to limit any other warranties City may have from the manufacturer or any materials used in the Improvements nor in any way limit any rights of City in equity or law under this Agreement.
SECTION 14. Notice
Any notice, payment, or instrument required or permitted by this Agreement to either party shall be deemed to have been received when personally delivered to that party or seventy-two (72) hours following deposit of the same in any United States Post Office, first class, postage prepaid, addressed as follows:
City: Matt Cano, P.E., Deputy City Manager/Acting City Engineer Milpitas City Hall
455 East Calaveras Boulevard
Milpitas, CA 95035
Phone: 408-586-3012
6 34905\14361213.2
Developer: Peter Lezak, Vice President
KB Home South Bay, Inc.
10990 Wilshire Blvd, Suite 700
Los Angeles, CA 90024
Any party hereto may, by notice given hereunder, designate a different address to which subsequent notices, payments, and instruments shall be delivered to it.
SECTION 15. Term
The term of this Agreement shall start as of the date first written above and shall remain in effect for a one-year term, unless extended by the parties by written agreement.
SECTION 16. Captions
Captions to Sections of this Agreement are for convenience purposes only and are not part of this Agreement.
SECTION 17. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.
SECTION 18. Successors and Assigns/Reimbursements to Developer
This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The TASP Fee Reimbursement granted herein shall run with the land with respect to their application against the TASP Fees otherwise payable upon development of the Project.
SECTION 19. Governing Law Venue
This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Santa Clara, State of California.
SECTION 20. Indemnity
To the fullest extent permitted by law, Developer shall protect, indemnify, defend (with counsel acceptable to City) and hold City, its officers, employees, and agents harmless from and against any and all liability, loss, cost and obligations arising out of or resulting from any injury or loss caused directly or indirectly by any cause whatsoever in connection with or incidental to the (i) activities performed by Developer, its officers, employees, or agents under this Agreement, or (ii) negligence, omission or willful misconduct by Developer, its officers, employee, or agents.
SECTION 21. Time of Essence
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Time is of the essence in the performance of this Agreement.
SECTION 22. Waiver
Developer agrees that waiver by City of any breach or violation of any term, condition, or obligation of this Agreement shall not be deemed to be a waiver of any other term, condition, or obligation contained herein or a waiver of any subsequent breach or violation of the same term, condition or obligation.
SECTION 23. Compliance with Laws
Developer has been alerted to the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the work to be performed under this Agreement by Developer is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Developer agrees to fully comply with such Prevailing Wage Laws. Developer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon Developer and its contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815), public works contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). It shall be the sole responsibility of Developer to determine whether to comply with Prevailing Wage Laws for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to comply with Prevailing Wage Laws for work required by this Agreement.
SECTION 24. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the matters contained herein and may be amended only by subsequent written agreement signed by all parties.
SECTION 25. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.
[signatures on following page]
8 34905\14361213.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day of the year first above written.
CITY:
By:
Ned Thomas
Acting City Manager
APPROVED AS TO FORM:
By: ________________________
Michael Mutalipassi
City Attorney
APPROVED AS TO CONTENT:
By: ________________________
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
APPROVED AS TO CONTENT:
By: ________________________
Matt Cano, P.E.
Deputy City Manager/
Acting City Engineer
KB HOME SOUTH BAY INC.:
By:
Peter Lezak
Vice President
NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES
OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
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City of Milpitas, California
BUDGET CHANGE FORM
From (Credit) To (Debit)
Type of Change
Account
Amount
Account
Amount
Check one:
Budget
Appropriation
Budget Transfer
350-2931
$149180,000
350-951-4841
$149180,00
0 Recommendation: Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc. Approve budget appropriation in the amount of $149180,000 to the non-departmental operating budget in the TASP Fund.
BACKGROUND:
On January 18, 2022, the City Council approved a Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, Vesting Tentative Map No. MT21-0001 and Environmental Assessment No. EA21-0002 to allow development of a 32-unit townhome subdivision comprised of two multi-family buildings, up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements on a 1.22 gross acre site located in the muti-family high density residential (R3) zoning district at 2001 Tarob Court (APN 086-36- 034) within the Milpitas Metro Specific Plan area.
Projects within the TASP area are required to pay TASP Development Impact Fees (TASP Fee) to be used for design and construction of certain public facilities and improvements within the TASP area. In addition to the construction of the required TASP improvements for the project, the City requested the Developer to replace an existing 12-inch domestic water main within an existing PSUE along the south-eastern part of the property. The water main replacement will serve more than the Developer’s properties within the TASP Area. The developer will be reimbursed for the actual cost to replace the water main, which is estimated not to exceed $149180,000 from the TASP Fund.
A Fee Reimbursement Agreement is proposed to allow for the reimbursement against the TASP Fund paid by the Developer for replacement of the existing 12” Domestic Water Main. The Fee Reimbursement Agreement has been reviewed by the City Attorney as to form.
ANALYSIS:
Staff recommends the City Council grant authorization to the City Manager to execute the Fee Reimbursement Agreement for the construction of the TASP Public Improvements. The Developer will be reimbursed for the actual cost for the construction of the new public improvement’s design and construction of the new 12 inch domestic water main line that runs along the south-eastern public service utility easement, which is estimated not to exceed $149180,000.
POLICY ALTERNATIVE(S):
Alternative 1:
Do not approve granting authorization to the City Manager to approve the Fee Reimbursement Agreement Amendment.
Pros: None
Cons: If the Fee Reimbursement Agreement is not authorized the City would have to find other means to construct the public improvements or have to construct the public improvements ourselves. The City has determined that there will be greater efficiency if the Developer replaces the new 12-inch domestic water main during the construction of their project.
Reason for Not Recommending: Granting acceptance of installed public improvements would allow the City to own and maintain the improvements and would ensure that water main infrastructure stay up to date and reduce the risk of infrastructure failure.
FISCAL IMPACT:
The fee reimbursement for the public improvements would be funded by the TASP Fee. The actual amount of the reimbursement will be based upon the actual cost for design and construction of the improvements. The estimated reimbursement amount is not to exceed $149180,000. A budget appropriation is needed from the TASP Fund.
California Environmental Quality Act (CEQA):
Granting authorization to the City Manager to approve the Fee Reimbursement Agreement is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.
RECOMMENDATION:
Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 2001 Tarob Court Project by KB Home South Bay, Inc. Approve budget appropriation of $149180,000 to the non-departmental operating budget in the TASP fund.
Attachment(s):
Attachment 1: Fee Reimbursement Agreement
Attachment 2: Budget Change Form
Check if City Council Approval required. Meeting: September 19, 2023
Requested by: Department Head: Matt Cano Date:
Reviewed by: Finance Director: Lauren Lai Date:
Approved by: Acting City Manager: Ned Thomas Date:
Date approved by City Council, if required: Confirmed by:
FI/24786/V Form 30-222 (Rev. 1/92)