NON-BINDING SUMMARY OF CONCEPTUAL TERMS
of a
DECLARATION OF COVENANTS AND AGREEMENT REGARDING WATER SERVICE between the City of Napa
and Napa Valley Unified School District
for
Vintage High School Culinary and Agricultural Facility
(October 31, 2023)
This Non-Binding Summary of Conceptual Terms of a Declaration of Covenants and Agreement Regarding Water Service (“Summary Terms”) is intended to reflect a summary of the conceptual terms tentatively agreed upon between the negotiating representatives from the City of Napa (“City”) and the Napa Valley Unified School District (“NVUSD”) for the Vintage High School Culinary and Agricultural Facility (“Project”) at 1130 Trower Avenue, APN 038-040-020 (“Property”). These Summary Terms are not binding on either party unless they are embodied in a Declaration of Covenants and Agreement Regarding Water Service negotiated and executed by both parties.
Water Services:
The water services will be used only for the purpose of servicing the Project on the portion of the Property north of Trower Avenue wherein the Project is constructed (“Project Site”) and no other uses. The water services shall only be used for classrooms, restrooms, and fire protection and shall not be used for irrigation, livestock, or barn use. Water shall only be used on the Project Site and may not be used to serve outside sources or properties, and may not be sold, given, or traded to outside sources or properties.
As shown on Exhibit A-1, NVUSD shall extend the existing 8-inch water main in Trower Avenue, and install a 3-inch commercial water service and an 8-inch fire water service on the extended main. NVUSD shall also install new water valves and a new public hydrant. All work shall be performed at NVUSD expense.
NVUSD shall comply with all City codes, regulations, standard specifications and other requirements applicable to the installation of the City water main and water services.
Prior to activation of water services, NVUSD shall pay all applicable fees and charges required for the water services and shall comply with all provisions of Summary Terms contained herein.
The City shall not be liable for damage to facilities caused by fire or any associated reason including but not limited to the water service being turned off for failure of payment.
NVUSD shall pay all applicable water rates for Outside services as approved by resolution of the City Council.
The City does not guarantee pressure or flow through water service lines. NVUSD shall be responsible for making any improvements necessary to account for insufficiencies in the pressure or flow to the Project Site. Improvements made, if any, shall be installed after the backflow device and may not exceed the flow capacities of the water service line.
NVUSD shall grant the City the right to access the Project Site to inspect the Project Site and public water facilities during normal business hours, and the right to access the water service line located on the Project Site for the purposes of confirming that City water service is not being provided to other properties and is not being used for purposes other than those permitted herein after providing 24-hour prior notification to NVUSD and allowing NVUSD the opportunity to accompany the City representative Trower Avenue Right of Way Dedication:
As shown on Exhibit A-2, NVUSD shall grant to the City, at no cost to the City, eighty-four feet public right of way for the future extension of Trower Avenue beginning at the terminus of the existing Trower Avenue and ending at the eastern property line of the Property (“ROW Area”).
Prior to the issuance of a building permit for the Project, NVUSD shall grant the ROW Area to the City by an instrument approved by the City Public Works Director as to substance and the City Attorney as to form. In the event NVUSD does not grant the ROW Area to the City prior to issuance of a building permit for the Project, NVUSD shall have no right to City water service (and the City shall have no obligation to provide water service) to the Project or the Project Site until NVUSD has granted the ROW Area to the City.
Public Works Requirements:
As shown on Exhibit A-3, NVUSD shall construct a portion of the future Trower Avenue extension. This will be solely used as a driveway access to the Project until such time that development of the property to the south and east of the Project Site warrants constructing the entire road. Exhibit A-3 generally shows constructing curb, gutter and sidewalk from the east end of Trower to the east end of the accessible parking spaces in the phase 1 parking lot, a commercial driveway to access the parking lot, an accessible ramp on the north side, full structural section of the road (aggregate base rock and asphalt concrete) over the new waterline from the east end of Trower to the east end of the new curb and gutter, lockable access gate at the end of Trower, restriping the end of Trower Avenue to the east end of the pavement parking lot on Trower to the east end of the road, a high visibility crosswalk crossing Trower Avenue, and a reconstructed sidewalk and new driveway on the south side of Trower.
B. NVUSD shall submit the plans for the items in A (above) to the City’s Public Works Director for review and approval and obtain an encroachment permit from the City prior to performing said work.
C. NVUSD shall enter into a Maintenance Agreement with the City where NVUSD will maintain the access from the east end of Trower to the east end of pavement until the construction of Trower to the south and east is completed and the City accepts those improvements into the City’s maintained mileage.
All improvements required above shall be constructed by NVUSD without any cost to the City.
Prior to initiation of water service for the Project, NVUSD shall complete the items in Section 3(A)-(D) above. In the event NVUSD does not complete such items, NVUSD shall have no right to City water service (and the City shall have no obligation to provide water service) to the Project or the Project Site until the items have been completed.
Dedication of Land for Housing:
NVUSD shall use the approximately 2 acres of property south of the future extension of Trower Avenue as shown on Attachment 3 attached to the staff report (“Unused Property”) for either the development of non-residential NVUSD school facilities or the development of affordable housing and no other purposes.
Prior to the issuance of a building permit for the Project, NVUSD shall execute and record against the Property for the benefit of the City an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (“Regulatory Agreement”) in a form approved by the Community Development Director as to substance and the City Attorney as to form. The Regulatory Agreement shall require the Unused Property to be restricted for the development of non-residential NVUSD school facilities or the development of affordable housing made available for rent or for sale to low -and moderate-income households (up to 120% of Area Median Income for Napa County) at a rent or sales price affordable to such households, with at least 25% of units restricted to low-income households (up to 80% of Area Median Income for Napa County). The Regulatory Agreement shall require that in the event the Unused Property is developed for affordable housing, 100% of the units shall remain affordable for no less than 45 years for ownership units and 55 years for rental units commencing on the date of issuance of a certificate of occupancy for the affordable housing project. In the event the Regulatory Agreement is not recorded against the Property prior to issuance of a building permit for the Project, NVUSD shall have no right to City water service (and the City shall have no obligation to provide water service) to the Project or the Project Site until the Regulatory Agreement is recorded.
R2023-__ Page 1 of 3
EXHIBIT A