16.20.110 Reimbursement.
A. Eligibility. Whenever improvements are required to be installed adjacent to property other than that being developed or in greater size or capacity than that required for the development of the property under consideration, the developer of the improvements may be eligible for reimbursement if the following conditions are satisfied:
1. The city and developer agree that the improvements significantly benefit and serve property that is not within the subdivision or site development area;
2. The city and developer enter into a reimbursement agreement in a form approved by the city attorney; and
3. The developer submits evidence of the actual costs of the improvements described in the reimbursement agreement.
a. Evidence shall be provided in the form of receipted bills, canceled checks, or contracts.
b. Evidence shall be submitted within sixty days of the city’s acceptance of the improvements. Failure to timely submit evidence shall void the reimbursement agreement.
B. Conditions of Reimbursement Payments. Whenever property develops where:
1. Improvements have been installed by the developer of an adjoining or nearby property;
2. The improvements directly benefit the property currently being developed;
3. An agreement for reimbursement has been entered into by the city and developer who installed these improvements;
4. Not more than fifteen years have elapsed since the execution of the reimbursement agreement; and
5. The original developer has submitted satisfactory documentation. The city will attempt to collect from the benefiting party, prior to the issuance of the development permits, a prorated share of the documented cost of improvements described in the reimbursement agreement. Reimbursement will be in accordance with Section 66485 et seq. of the Subdivision Map Act as amended from time to time.
C. Payment of Reimbursement.
1. When prorated shares of the cost of improvements are collected from the developers of new projects, the money collected shall be paid in accordance with the terms of the agreement. The city shall not be required to reimburse more money than it collects.
2. Reimbursements shall be made only when the city collects money from the developers of new projects, notwithstanding any provision of any law, this code or the reimbursement agreement. Failure or error by the city resulting in funds not being collected will not subject the city to any liability, obligation or debt owed the original developer. (Ord. 1729 § 4 (Exh. A), 2023)