(A) The owner of a parcel of property otherwise required to pay a fee under § 16.22.040 will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected Temescal Canyon public safety fees the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate Master Facility Plan where all of the following conditions are satisfied:
(1) The owner has constructed the improvements, or portions thereof, that are identified in the Master Facility Plan;
(2) The city required that the improvements be constructed to contain supplemental size, capacity, number or length of the benefit of property not within the owner’s project;
(3) The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable;
(4) The improvement, or portion thereof, has been dedicated to the public;
(5) The improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works.
(B) The city shall not reimburse the owner for costs related to financing any portion of the Temescal Canyon Public Safety Facility.
(C) An owner shall only be entitled to reimbursement to the extent that the Temescal Canyon Public Safety Facility benefits property not within the owner’s project. Thus, an owner may receive a development fee credit as provided in § 16.23.050 for the portion of the Temescal Canyon Public Facility that serves the owner’s project and reimbursement for the oversized or extra-capacity or extended portion that benefits subsequently developed property.
(D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city’s most current estimated cost of constructing the Temescal Canyon Public Safety Facility or the portion of the Temescal Canyon Public Safety Facility actually completed, by contract or by utilizing city forces.
(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 15 years, to reimburse the owner from the proceeds of the Temescal Canyon public safety fees collected from new projects that directly benefit from the Temescal Canyon Public Safety Facility financed by the fee which is the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund improvements which are of the same type as the improvements constructed by the owner and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.
(`78 Code, § 16.22.060.) (Ord. 2497 § 3, 2000.)