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County Counsel recommending the Board authorize the Chair to sign the Defense, Indemnity, and Hold Harmless Agreement between the County of El Dorado and El Dorado Hills Community Services District relating to the transfer of park and recreation development impact mitigation fees in the amount of $1,738,070.04 and any subsequent transfers to the El Dorado Hills Community Services District.
FUNDING: El Dorado Hills Community Services District Development Impact Mitigation Fee Account (8963117).
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DEPARTMENT RECOMMENDATION
County Counsel recommending the Board authorize the Chair to sign the Defense, Indemnity, and Hold Harmless Agreement between the County of El Dorado (“County”) and El Dorado Hills Community Services District (“EDH/CSD”) relating to the transfer of park and recreation development impact mitigation fees in the amount of $1,738,070.04 and any subsequent transfers of development impact mitigation fees to EDH/CSD.
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. In 2005, the County and EDH/CSD also entered into the Agreement Pertaining to the Collection of Park and Recreation Fees relating to the collection of the development impact mitigation fee. The County has disbursed those fees to EDH/CSD upon request pursuant to the terms of the County Ordinance, 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 F...
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