8C, City - County Joint Powers Agreement for TCAAP

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Improvements within or serving a Development Site and described in a development agreement (the "Developer Installed Improvements") are constructed pursuant to the TCAAP Master Plan and the respective development agreement. It is the Parties' intent that the Public Improvements and Developer Installed Improvements be constructed in accordance with a desired schedule and goal for completion set forth in the TCAAP Master Plan, and in all instances to be timely constructed and phased to provide adequate utilities for the New Development as it occurs. However, unless otherwise agreed by the Parties, the City will not construct water mains, storm and sanitary sewer elements of the City Public Improvements unless those costs can be charged to a developer pursuant to the City's petition process. 3.5.3. Code Enforcement. The City has the legal authority and responsibility for building code enforcement and site development monitoring as provided in the TCAAP Master Plan to assure development in accordance with the terms of the TCAAP Master Plan and the JDA RFP process for developing Development Sites described above. Section 3.6. Joint Responsibilities. The Parties will complete their joint obligations and responsibilities in a timely manner. Where deemed by the Parties to be more appropriate, the authority necessary for the redevelopment of the TCAAP Site as provided in this Joint Agreement may be exercised by the more appropriate Party as determined by the Parties. 3.6.1. Legislative Authority. The Parties will jointly request legislative bonding authority or other financing for the off-site transportation improvements as agreed upon by the Parties, and other initiatives with the Legislature deemed necessary for implementation of the TCAAP Master Plan, including the construction of the County and City Public Improvements. The Parties shall agree on a reasonable allocation of such funds to the City and County Improvements. 3.6.2. Coordination of Public Improvements. The Parties will coordinate the timing of the Public Improvements which are their separate responsibility to facilitate the staged redevelopment of the TCAAP Site pursuant to the TCAAP Master Plan. Each Party, with review and comment by the other Party, may elect to construct public improvements in advance of any identification of a Development Site or Sites. The Parties shall determine whether land for public amenities such as parks and trails shall first be dedicated by the County, or dedicated by developers as the New Development is implemented. The Parties will recover their costs when New Development takes place to the maximum extent feasible pursuant to Section 3.7. Section 3.7. Cost Allocation, Cost Recovery. The Parties will be undertaking activities in support of the New Development and operations of the JDA which will require extensive public financial investment. It is the intent of the Parties that their respective investment be recovered to the maximum extent feasible (respectively "County Investment" and "City Investment" as defined in Section 1.1). The Parties will determine the respective cost allocation for the Shared Public Improvements, including the storm water pond retention system currently considered a likely requirement for the New Development. 3.7.1. County Cost Recovery. The County will recover the County Investment for the acquisition of the TCAAP Site, County Site Clearance, County Remediation, County 16