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Agmt22 City_ County Land Swap
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Agmt22 City_ County Land Swap
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Last modified
4/26/2022 12:28:58 PM
Creation date
4/26/2022 12:28:09 PM
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Agreement
Contractor Name
Site Preparation and Development Fees
PROJECT NAME
City and County Land Swap Maple St.
RMP File Number
304.5
Date
2/3/2022
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16.7 County Self -Insured. Notwithstanding any other provision of this Section 16, <br />City accepts County's self-insured coverage as satisfying the provisions of this Section. <br />17. Compliance with Laws. County shall comply with all federal, state and local laws, <br />ordinances and regulations in the performance of this Agreement except those as to which it is immune, <br />provided however the immunity carve out shall not be deemed to exempt or relieve County from any of its <br />obligations under this Agreement. County shall, at its own cost and expense, obtain all necessary permits <br />and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any <br />and all deposits legally required by those public utilities that will serve the development on the Property. <br />Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall <br />be furnished to the City Engineer upon request. <br />18. Encroachment Permits. County shall obtain, at its sole cost and expense, any encroachment <br />permits required by City in order to perform the Work. Such encroachment permits may include only such <br />conditions as are generally applied to construction work such as the Work elsewhere in the City. <br />19. Payments. County agrees that it will pay, when due, all those furnishing labor or materials <br />in connection with the Work. This paragraph shall not be interpreted to enlarge or expand the County's <br />duty to pay its own employees or employees or consultants of City as to which reimbursement had been <br />provided elsewhere in this Agreement. <br />20. Intentionally Omitted. <br />21. Monuments. All pipes and monuments, if any, which are destroyed or displaced during <br />construction operations shall be replaced by County at the time of the final inspection of the permanent <br />improvements. <br />22. Pavment of Specified Citv Standard Development Fees. <br />22.1 In connection with County's permanent development of the Property, County <br />agrees to pay to City those processing fees ("Processing Fees") and development fees <br />("Development Fees") set forth in Attachment 2 attached hereto and incorporated herein. The <br />Development Fees shall be at the rates and in the amounts in effect as of the Effective Date of this <br />Agreement, subject to annual increases on the first anniversary of the Effective Date and each year <br />thereafter based on the increase in the Construction Cost Index for San Francisco over the prior <br />one-year period, as published from time to time by the Engineering News Record ("ENR Index"). <br />Except as otherwise set forth above with respect to payment of the Processing Fees and <br />Development Fees, County shall have no obligation to pay any other City development related fees <br />or charges, nor shall County be required to contribute to area wide improvements. <br />22.2 County shall receive credits against any Development Fees, including fees for <br />water, sewer, and wastewater treatment capacity, for use of the Maple Street Shelter (22,320 sq. ft. <br />/141 residents/ 20 employees) formerly operated by County at 1580 Maple and the Women's Jail <br />at 1590 Maple (19,218 sq. ft. / 120 occupants / 20 employees). Standard Development Fees shall <br />only be imposed to the extent that a permanent development exceeds this baseline. For purposes <br />of calculating fees and credits for water capacity, sewer system capital facilities, and wastewater <br />treatment capacity, shelter space shall receive Land Use Category designation "Motel." <br />22.3 Notwithstanding the above, the Development Fees payable by County for a <br />navigation center shall not exceed the sum of Three Hundred Ninety Thousand Two Hundred <br />Forty -Six Dollars ($390,246.00) (the "Fee Cap"), subject to annual increases beginning on the third <br />REV: 01-21-2022 SK <br />ATTY/AGR.2022.010.1/City- County Land swap (Page 5 of 14) <br />
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