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C.11

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	March 17, 2009

Contra

Costa

County

Subject:

Approve a Reimbursement Agreement with LSK Holdings, LLC for Drainage Area 56 Improvements.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/17/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Tim Jensen (925) 313-2390
cc:	Jim Donovan

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 17, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE a reimbursement agreement for $1,279,475 between the Contra Costa County Flood Control and Water Conservation District (FC District) and LSK Holdings, LLC, effective March 17, 2009, through March 17, 2019, as stated in Exhibit “A” of the Agreement, and AUTHORIZE the Chair of the Board to execute the agreement on behalf of the FC District.

FISCAL IMPACT:

The reimbursement will be made from Drainage Area 56 funds, which are collected pursuant to Contra Costa County Ordinance No. 2002-24.

BACKGROUND:

LSK Holdings, LLC, constructed off-site storm drain improvements, which are part of Subdivision 9191. Said development is within the jurisdiction of the City of Oakley (City). City’s conditions of approval for said development requires LSK Holdings, LLC to install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 56.

BACKGROUND: (CONT'D)

The cost to install these facilities exceeds the amount of the drainage fee required by the drainage fee ordinance for Drainage Area 56 (Contra Costa County Ordinance No. 2002-24).

Since the Flood Control District (FC District) has a Drainage Plan and a Drainage Area Credit and Reimbursement Policy (Policy) for said drainage area, LSK Holdings, LLC has requested that the FC District enter into this agreement, pursuant to the Policy. LSK Holdings, LLC is entitled to reimbursement of the drainage facility construction costs in excess of its drainage fees, as provided for in the Policy.

CONSEQUENCE OF NEGATIVE ACTION:

The FC District will not reimburse LSK Holdings, LLC, as required under the Drainage Area Credit and Reimbursement Policy.