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County Counsel recommending the Board authorize the Chair to sign the Indemnity, Hold Harmless, Estoppel, and Defense Agreement between El Dorado County and Joe Harn, individually and as the Auditor-Controller of the County of El Dorado relating to the transfer of park and recreation development impact mitigation fees in the amount of $1,738,070.04 to the El Dorado Hills Community Services District.
FUNDING: General Fund.
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DEPARTMENT RECOMMENDATION:
County Counsel recommending the Board authorize the Chair to sign the Indemnity, Hold Harmless, Estoppel, and Defense Agreement between El Dorado County and Joe Harn, individually and as the Auditor-Controller of the County of El Dorado relating to the transfer of park and recreation development impact mitigation fees in the amount of $1,738,070.04 to the El Dorado Hills Community Services District
DISCUSSION / BACKGROUND:
In 1995, the County of El Dorado passed Ordinance No. 4404, establishing “CSD and Parks and Recreation Impact Mitigation Fees,” which authorizes the El Dorado County Board of Supervisors to adopt fees on behalf of community services districts within the County to offset the impacts of new development on parks and recreation services equipment and capital facilities.
In 1997, the County began collecting fees on behalf of EDH/CSD, pursuant to Resolution 112-97, and thereafter began disbursing those fees to EDH/CSD upon request and in accordance with law.
On August 18, 2016 the County and the EDH/CSD entered into a Settlement, Indemnity, and Hold Harmless Agreement whereby the County agreed to transfer the amount of verified expenditures from the EDH/CSD Development Impact Fee account to a EDH/CSD operating account within 15 days of the County confirming the expenditures and in exchange, the EDH/CSD agreed to indemnify the County in the event a court determined that any funds so transferred were subject to refund.
On May 4, 2017 the EDH/CSD made a request for disbursement of funds i...
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