HomeMy WebLinkAboutReso 93-338 - Approve entering into agreement with the County of Shasta & the Redding Redevelopment Agency concerning the use of traffic impact & park fees for vicinity & regional projects RESOLUTION NO. 93- A 3-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO AN AGREEMENT WITH THE COUNTY OF SHASTA AND THE REDDING REDEVELOPMENT AGENCY CONCERNING THE USE OF TRAFFIC IMPACT AND PARK FEES FOR VICINITY AND REGIONAL PROJECTS. IT IS HEREBY RESOLVED by the City Council of the City of Redding that the City of Redding enter into an agreement with the County of Shasta and the Redding Redevelopment Agency concerning the use of traffic impact and park fees for vicinity and regional projects, in a form to be approved by the Director of Planning and Community Development and the City Attorney. The accompanying Report to City Council suggests various changes to the draft agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign the agreement when in final form, and all other necessary documentation in connection therewith, on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 7th day of September 1993, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CARL ARNESS, Mayor City of Redding A ST: FORMPPROVED: �J CONNIE STROHMAYER, ty Clerk RAIDALL A. HAYS, City Attorney C1 r it n U AGREEMENT BETWEEN COUNTY OF SHASTA, THE REDDING REDEVELOPMENT AGENCY AND CITY OF REDDING CONCERNING USE OF TRAFFIC IMPACT AND ;i PARK FEES FOR VICINITY AND REGIONAL PROJECTS This agreement is made and entered into on the date specified below by and between the County of Shasta, a political subdivision of the State of California ("County"), The Redding Redevelopment Agency ("Redevelopment Agency") and the City of Redding ("City"). RECITALS WHEREAS, the County, the City and the Redevelopment Agency have entered into an i agreement, pursuant to Health and Safety Code Section 33401, on the 3rd day of September, 1991, regarding the amendment to the Canby-Hilltop-Cypress Redevelopment Project under the Agency's jurisdiction ("Pass-Through Agreement"); and WHEREAS, under said Pass-Through Agreement the Agency agreed to pass through to the County one hundred percent (100%) of the amount of the County's share of the added area tax increments on an annual basis, provided that the County subsequently entered into an agreement with the City, in a form acceptable to the City and Agency, to adopt, impose, collect '! and transmit traffic impact fees and park fees within the Redding sphere of influence and the area known as Churn Creek Bottom to the City for use by the Agency in the addition to or Y it reconstruction of major thoroughfares and bridges and park facilities serving vicinity and regional needs; and 1 WHEREAS, the County has identified several proposed major thoroughfare, bridge and II parks projects, which upon their development, rehabilitation or construction will address current and future vicinity and regional public facility needs benefiting properties within its jurisdiction; and WHEREAS , the Agency has established a list of road improvement projects within or reasonably related to the purpose for which the fees are levied and benefiting the Canby-Hilltop- Cypress Redevelopment Project area; and WHEREAS, the City has similarly identified parks development facility projects necessary to address current and anticipated vicinity and regional needs which will benefit properties within the City and the Canby-Hilltop-Cypress Redevelopment Agency Project Area of the Redding sphere of influence; and WHEREAS, at the request of the Agency and City the parties wish to implement the Pass-Through Agreement in a way which specifically includes the Agency as a party to this Agreement ("Implementing Agreement") and to designate the City as the party to whom park fees collected by the County will be transmitted and used for the purposes stated; and WHEREAS, the City, Agency, and County have mutually agreed that the improvement and development of parks, major thoroughfares and bridge projects of a vicinity or regional nature, which projects will be of benefit to each of the residents of jurisdiction and the Canby- Hilltop-Cypress Project area, and based thereon intend to work cooperatively to most efficiently finance and construct these mutually agreed upon projects as specified herein. !I 2 �i AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the County, Agency, and City agree to the following: SECTION 1. DEFINITIONS. In this agreement, unless specifically provided otherwise, the following definitions shall apply: li A. "Agency" means the Redding Redevelopment Agency. i B. "City" means the City of Redding. C. "County" refers to the County of Shasta. D. "Projects" are those parks, major. thoroughfares, freeways, signals, grade separations, bridges and like improvements mutually agreed upon by the City, Agency, and County by terms of this agreement. E. "Redevelopment Agency" means the Redding Redevelopment Agency. F. "Redevelopment Agency Agreement" or "Pass-Through Agreement" is that agreement between the County, City and Redding Redevelopment Agency dated September 3, 1991. G. "Park" is a park or recreation improvement or facility mutually agreed to by the City and County which is of a vicinity or regional nature. H. "Park Fund Zone of Benefit" means that region set forth in Exhibit "D", consisting of sub-area boundaries which reflect areas of common vicinity benefit within the region. 3 I 1 I. "Road Improvement Projects" means projects to construct or improve bridges or major thoroughfares, as permitted by Government Code Section 66484, which are of a vicinity or regional nature. J. "Technical Advisory Committee" means a committee consisting of the Shasta County Director of Public Works, the Shasta County Director of Resource Management, the City Director of Public Works, the Redevelopment Agency i Secretary, and such other City and County staff as may be helpful in periodically reviewing and making recommendations concerning the parks and road improvement projects contemplated by this agreement. K. "Traffic Zone of Benefit" means that region set forth on Exhibit "A", consisting of East (E) and West (W) Sub-Area boundaries which reflect areas of common vicinity benefit within the overall one of benefit area. SECTION 2. EXHIBITS. The following documents are referred to in, attached to, and hereby made a part of this agreement by reference: A. Exhibit "A" - Joint Projects Zone of Benefit/Sub-Areas. B. Exhibit "B" - Joint Road Improvement Projects and Priorities. C. Exhibit "C" - Joint Parks and Recreation Projects and Priorities. D. Exhibit "D" - Park Fund Zone of Benefit/Sub-Areas. i SECTION 3. ROAD PAPROVEMENT PROJECTS. The City, Agency, and County shall cooperate in the construction of specified road improvement projects as follows: !I 4 i I d �I A. The County shall adopt and impose road improvement fees as permitted by Government Code Section 66484. To the extent permitted by applicable state j law, such County fees shall be based on the same categories of projects and of like amount for each project category as has been imposed by the City. Those fees to be collected by the County within the Traffic Zone of Benefit area shall be transmitted to the Agency for the construction of Road Improvement Projects listed on Exhibit "B" to this agreement based on the stated priorities. B. Upon collection of road improvement fees from within the Traffic Zone of Benefit the County shall place such fee revenues in a separate interest bearing account as provided in Section 66484(e) of the Government Code. Thereafter, the County shall forward to the Agency by August 1st of each year the fees on deposit from the previous year, including both principal and interest earned, to be used for the construction of those projects specifically contemplated by this ::::;;:::;:. :.:: :;;i:::::::::;:i�::i::i::i::::i:::�:;:';::::::";:;:i::::i::;::::;:;::::;i::i::i:::::;::i::::'::<:'::`:::":;•':i :::ri:::i;::i::i:>:;:.v::;: ,i agreement, 1Pt <$, + However, m the event that the County adopts and implements traffic impact fee levels for comparable project categories at rates which are greater in amount than those established by the City, the County may withhold from transfer that share of the total annual fees collected which are attributable to the higher fee levels. 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D. Upon receipt of road improvement fees from the County, as otherwise provided in this agreement, the Agency shall place those funds in one or more separate interest bearing capital facilities accounts or funds as may be necessary to avoid any commingling of such fees with other revenue and funds, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. The funds may be used by the Agency, together with City and/or other funds, for the Road Improvement Projects specified on Exhibit "B" to this agreement based on the stated priorities. E. The Agency shall use the road improvement fees contributed by the County solely to finance specified thoroughfares, freeways, signals, grade separations, and bridges projects that have been determined to be of regional or vicinity benefit by the parties, as specified on Exhibit "B". Furthermore, any such Road ! Improvement Projects for which County traffic impact fees will be used shall directly benefit the zone of benefit sub-area from which the fee originated such that no more than twenty-five (25%) of those County fees generated from each 6 it i i sub-area and transferred to the City for Agency use shall be used to finance projects outside of the sub-area of origin. Where an identified regional project 'I is to be constructed which involves two or more zone of benefit sub-areas, then up to twenty-five (25%) of the fees collected by the County within each affected sub-area may be used by the Agency to finance project components outside of the sub-area of fee origin. F. The list of authorized vicinity and Regional Road Improvement projects for which traffic impact fees collected by the County may be used, and their relative priority, shall be subject to periodic review and modification. As necessary, the Technical Advisory Committee shall meet and review existing projects and priorities, and shall thereafter report to the Board of Supervisors, the Redevelopment Agency Board of Directors and the City Council on recommended modifications to the projects and priorities set forth on Exhibit "B". G. The Agency shall include as part of its annual report information which summarizes the traffic impact fees received from the County for Road Improvement Projects and the status of projects construction, and which identifies the total expenditure of funds from City, Agency and County sources, as further specified in Section 7 of this agreement. H. As part of its annual report the Agency shall also identify those fees collected by the County within each sub-area and transferred to the Agency which remain unexpended in the respective accounts five (5) or more years after deposit of the fee with the County. Where such funds remain either uncommitted or 7 ,i u it I. unexpended for five (5) years or more after deposit with the County, and the Agency has not demonstrated to the County's satisfaction that a reasonable relationship continues to exist between the fee and the purpose for which it was charged, the Agency shall remit all such funds, and interest accumulated thereon, to the County for refund to the then current owner(s) of the affected development project(s) as may be required by governing statutes. I. Any Road Improvement Project built by the Agency within the City boundary through the use of funds collected by the County, and provided to the Agency pursuant to this agreement, shall be adequately maintained by and at the sole expense of the City, using funds other than those fees received from the County pursuant to this agreement. Road Improvement Projects constructed by the Agency in unincorporated areas through the use of funds provided by the County to the Agency, shall be maintained solely by the County until such time that the City assumes jurisdiction of the affected territory. SECTION 4. PARKS DEVELOPMENT PROTECTS. The City and County shall cooperate in the development of park and recreation facilities as follows: A. The County shall adopt park impact fees within the area depicted on Exhibit "D". To the extent permitted by applicable law, the County agrees to adopt such park fees at amounts no less than those amounts established by the City pursuant to Chapter 16.05 of the Redding Municipal Code. B. The County shall adopt a separate park dedication and an in-lieu fees ordinance affecting all development within the area depicted on Exhibit "D", as permitted 8 'I by Government Code Section 66477, for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities which will serve the affected subdivisions. To the extent permitted by applicable statute, the County shall adopt and impose in-lieu park fees at rates no less than those established by the City for similar categories of projects as set forth in Redding Municipal Code Chapter 17.42. C. Upon enactment of the ordinance identified in Section 4.B. the County shall refer each tentative subdivision map received within the area shown on Exhibit "D" to the City for recommendations on dedication of a park site or payment of in-lieu fees consistent with the projects listed on Exhibit "C". If a park site dedication is appropriate in order to implement a proposed project, and the proposed subdivision contains more than fifty (50) parcels, the County shall require the dedication of a park site, or such a dedication together with in-lieu fees. For subdivisions containing fifty (50) parcels or less, the County shall collect an in- lieu park fee prior to recording a final subdivision or parcel map. If a park site is required to be dedicated, it shall be offered for dedication to the County for park and recreation purposes consistent with Exhibit "C", but title to any such site resulting from acceptance of a dedication by the County shall be transferred by the County to the City upon subsequent annexation by the City of the territory in which the site is located. D. Where park fees are collected by the County pursuant to paragraph A of this section they shall be placed into an interest bearing capital facilities account and 9 9 I I 1 • • I I ::::�:}' i::i}::i 1€ a i> F. Upon receipt of park fees from the County, pursuant to paragraph D of this section, the City shall place those fees in one or more separate interest-bearing capital facility accounts or funds as may be necessary to avoid any commingling of such fees with other revenue and funds. Principal amounts received, together with interest earned on those funds, shall be committed by the City exclusively for agreed-upon projects within five (5) years after deposit of the fee with the County, or shall be returned by the City to the County for actions required pursuant to Government Code Section 66001, subdivisions (d) through (f). G. Upon receipt of in-lieu park fees from the County pursuant to paragraph D of this section, the City shall similarly place those fees in one or more separate interest- bearing accounts and separately account for those fees originating from the different zone of benefit sub-areas. Principal amounts received, together with interest earned on these funds shall be committed to one or more projects listed on Exhibit "C" within five (5) years after the deposit of such fees with the County or upon the issuance of building permits on one-half (1/2) of the lots created by affected subdivisions, whichever occurs later, or shall be returned by the City to the County for actions required pursuant to Government Code Section 66477, subdivision (f). Furthermore, the City shall use the in-lieu park fees received from the County for community or neighborhood park or recreational facilities for projects within the zone of benefit sub area from which the in-lieu fees were generated that will serve the affected subdivision project. 11 'I H. The list of authorized parks and recreation projects for which fees collected by the County may be used, and their relative priorities, shall be subject to periodic review and modification. As necessary, the Technical Advisory Committee shall periodically meet and review existing projects and priorities, and shall thereafter report to the Board of Supervisors and the City Council on recommended 'I modifications to the list of projects set forth on Exhibit "C". I. The City shall prepare an annual report summarizing the amount of park fees received from the County, the projects for which such fees have been expended, if at all, and matching City or other funds which have been used for park or II recreational facility development or rehabilitation as further specified in Section 7 of this agreement. J. All park or recreational facilities which are developed or rehabilitated by the City pursuant to this agreement shall be adequately maintained by and at the sole expense of the City using funds other than those fees received from the County pursuant to this agreement, except as may be agreed to by the City and the County. SECTION 5. TAX INCREMENTS PASS THROUGH. Upon execution of this agreement, and County adoption of the traffic fee and park dedication and fee ordinances required by Sections 3 and 4 of this agreement, the Redevelopment Agency shall pass through one hundred percent (100%) of the amount of the County's share of the added project area tax increments from the Canby-Hilltop-Cypress Redevelopment Project Area, as set forth in the Pass-Through Agreement. 12 I SECTION 6. TERM. Except as provided in Section 7 or as may otherwise be agreed to by the parties, this agreement shall remain operative until such time that the Pass-Through Agreement between the Redding Redevelopment Agency, the City, and the County dated September 3, 1991, terminates pursuant to the terms of that agreement. SECTION 7. ANNUAL REPORTS. Within one hundred twenty (120)days of the end of each fiscal year the parties shall certify to each of the other parties that they are fully complying with and implementing this agreement. In providing this certification, the parties shall do the following: A. Count . The County shall provide the following additional information: (1) a list of the development projects from which road improvement and park fees were collected for deposit in each affected account, including the name of the property owner(s), the Assessor's parcel number(s), a brief description of the project and the deposit date, and identification of the zone benefit sub-area(s) within which the project is located; (2) an itemized accounting of the funds collected for individual projects; (3) the total dollar amount collected, including subtotals for each identified zone of benefit sub-area; and (4) data concerning the degree of subdivision build-out sufficient to enable City compliance with Section 4, paragraph F. B. SAY. The City shall provide the following additional information: (1) the amount of funds received for parks project purposes, by zone of benefit sub-area; (2) an itemized accounting of the expenditure of such funds, including any fund balance from previous year(s) contributions, and the dates of all such expenditures "I 13 by approved project; and (3) the total dollar amounts received from the County and the amounts expended by the City on approved projects, from whatever source, pursuant to this agreement. C. Agency. The Agency shall provide the following additional information: (1) the amount of funds received for traffic project purposes by zone of benefit sub-area; (2) an itemized accounting of the expenditure of such funds, including any fund balance from previous year(s)contributions, and the dates of all such expenditures by approved project; and (3) the total dollar amounts received from the County and the amounts expended by the Agency on approved projects, from whatever source, pursuant to this agreement. D. The information to be provided in certifying that the respective parties are in compliance with this agreement may be in any reasonable form which the certifying party deems appropriate so long as the required information is provided. SECTION 8. INDEMNIFICATION. A. The City and the Agency each shall hold the County, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, which may arise from the direct or indirect operations or activities of the City or Agency, or those of their contractors, sub-contractors, agents, employees or other persons acting on their behalf which relate to the use of funds contributed by the County. Furthermore, the City and Agency shall each indemnify, hold harmless, 14 I I pay all costs and provide a defense for the County, at the County's option, in any action challenging the validity of this agreement, or challenging the City's or the Agency's use of funds received from the County in accordance herewith. B. The County shall hold the City and Agency, and their respective officers, agents employees and representatives harmless from liability for damage which may arise from County adoption of park and traffic fee ordinances, collection of park or traffic fees, or disposition of such fees returned by the City pursuant to terms of this agreement. SECTION 9. AMENDMENT OF PASS-THROUGH AGREEMENT. This agreement shall be of full force and effect upon execution by each party hereto and shall amend the Pass- Through Agreement to the extent of any inconsistencies, including the parties to this agreement and the party designated to receive and use traffic fees to be collected by the County by terms of this Agreement. SECTION 10. MISCELLANEOUS. A. Rules of Construction. The singular includes the plural and "shall" is mandatory and "may" is permissive. Furthermore, this agreement is to be deemed as having been jointly prepared by the parties. B. Severability. If a part of this agreement is held to be invalid, the remainder of the agreement shall remain in full force and effect, provided that if the County is prohibited from contributing funds to Agency for road improvement projects and to City for park projects the Agency shall pass through only ninety percent 15 i f� I (90%) of the tax increment specified in the Pass-Through Agreement. C. Amendments. This writing represents the whole of the agreement between the parties. Changes to this agreement shall be made only by subsequent written amendment approved by the governing body of each party. IN VMNESS WHEREOF, this Agreement has been executed by the parties on the day and year so stated. DATE: COUNTY OF SHASTA PATRICIA A. CLARKE, Chairman Shasta County Board of Supervisors State of California ATTEST: Carolyn Taylor Clerk of the Board of Supervisors I I'I BY APPROVED AS TO FORM: Karen Keating Jahr County Counsel i By 16 l DATED: CITY OF REDDING CARL ARNESS, Mayor City of Redding ATTEST: CONNIE STROHMAYER City Clerk By DATED: REDDING REDEVELOPMENT AGENCY U CHARLIE MOSS Chairman ,I ATTEST: Phil Perry Secretary APPROVED AS TO FORM: Randall A. Hays City Attorney/Agency Counsel By 17 i ,i i • EXHIBIT "A" • JOINT ROAD IMPROVEMENT PROJECTS ZONE OF BENEFIT/SUB-AREAS wl.e/R7 w.Iq.pwln' I APW MIL UICTXM tie L O! 0.4.w nL.7w,&ouwDAATC z 0 ,ug �F Gcz CD ^a ` T.W MIL t•CR?>LOO L - i O.tl7 w.A...10tIdUoR y � n �. .I e= > s .m rn 177.. ..n m �1� :. .. ... _ S. = w 171 ...a1 DNt a. =e • i Tri u w • i I��}L _op P.3W LICH7rtai< :�• Y > K j *n • x x- I tis t S II ;s6 wwettu A&C71Msw. wA Ltrttsw.wtw.ttoLlo.wr pp �_ �2 3 pC • `D � fiGOOwICTt7aiIOM dRt�R/RIf HOYM i EDIT "B" JOINT ROAD IlVIPROVEMENT PROJECTS AND PRIORITIES pmiect Name/Road Rmiecr Descriotion South "onrtyvJew Road/Chum SR 273 to Rancho Road. Construct SPRR grade separation, widen. 20,750,000 1 Creek Road add signals, 1-5 interchange improvements inciuding reconstruction en of overcrosstng and bridge. Cypress Avenue Bechelli Lane to Hilhop Drive. Signals, widening and construction 10,000.000 of freeway improvements on 1-5. O r Auditonum Drive Bridge Construct 4-lane expressway from SR 299 to N. Market Street fi.500,000 including bridge across river. p Parkview Avenue Bridge Across Sacramento River. Construct bridge and ridg approach roadway 9,000,000 U on each end to connect to Parkview Ave. ul Hilltop Drive Overcrossing Widen structure and perform associated road work. 1,800,000 at S-H. 4.4 Hilltop Drive Widen overcrossing at i-5, construct interchange. 3,000,000 � I Old Oregon Trail SR 4.4 to Old Atturas Road. 2,000,0001 Knighton Road i-5 to Airoon Road. All new construction to 4-lane expressway. 3,000,000 � I < Hawley Road SR 299 to Twin View Blvd. Widen to lour lanes, new construction 2,000,000 Lu nonneny to Twin View Blvd. < Old Afturas Road City limits to Old Oregon Trail. Realign and add shoulders. 864,500 ! tin Ofd Oregon Trail Paso Robles Ave. to North Sphere boundary. Construct 32-foot-wide 11376,000 < paved section on new and existing alignment. Bear Mountain Road Ofd Oregon Trail to North Sphere ooundary. Construct 32-loot-wide 1,058,080 paved section on new and existing alignment. Pine Grove Avenue 1-5 to Oasis Road. All new construction 4-1ane arterial. 1,137„500 I , I Shasta View Dnve SR 299—E. to Oasis Road. Construct 32-toot paved section on 2,600.000 it new afignmem. Downtown (south CBD) overcrossings of SPRR. 8,000,000 Buenaventura Boulevard. Placer Street to Market Street. New construction on new.alignment. 2,028,000 Extension '1 T exas Springs Road Placer Street to City limits. Complete reconstruction on new 2,251,340 < alignment. Lu < Honeybee Road Texas Sonngs Road to Clear Creek Road. Add shoulders, 640,900 some realignment. I Clear Creek Road Al SR.273 signals. 185,000 Lu 3 Branstetter Lane At SR 273 signals. 1 x5,000 IHappy Valley Road At SR 273 signais. 195.000 ii ! TOTAL 75,891,320 1 i EXIMIT "C" JOINT PARK&AND RECREATION PROJECTS AND PRIORITIES Regional Projects 1. Fishing access to and hiking and bicycle paths along the Sacramento River 2. A community amphitheater 3. A swimming complex 4. A municipal golf course 5. Improved access for handicapped persons at existing regional parks 6. Children's art center 7. Recital hall 8. Extension of the Sacramento River Trail in Turtle Bay 9. Land acquisition along the Sacramento River 10. Land acquisition along the Churn Creek Corridor 11. Clear Creek Corridor Land Acquisition 12. Stillwater Creek Corridor Land Acquisition II Sub-Area 1 Projects 1. West Hills Park Corridor 2. Mary Lake Community Park 3. Cascade Community Park (on Girvan Road) 4. Texas Springs Area Park 5. Neighborhood Park Site Acquisitions and Improvements I Sub-Area 2 Projects �I 1. Bonita Park (off Bonita Road, southwest of Airport) 2. Enterprise Community Park (on Victor Avenue) 3. Neighborhood Park Site Acquisitions and Improvements I 'j Sub-Area 3 Projects i' !i 1. Buckeye Community Park (on Oasis Road) 2. Oregon Trail Park (Shasta College area) 3. Neighborhood Park Site Acquisition and Improvements Sub-Area 4 Projects 1. Trail System/Viewing Area (Powerline Corridor) 2. Caldwell Park (on Quartz Hill Road) 3. Keswick Dam Road Area Park 4. Neighborhood Park Site Acquisitions and Improvements E'%=I'T "D" PARK FUND ZONE OF BENEFTD/ IIB-AREAS i sti PROJECT SPHERE OF /�/ :•q,y' Ci"iY INFL UENC/j' CEN-MAL N i VAL_= 1i l A78 aG I - 1 EL A a0 SHAM VISTA 0 pM �, COI.L.E� 299 G Bi SACRAMFNTC �— ��' \\ REDD(NO ' TMALO HARNr�, � � ,Q S W i CEDRO ZONN�Jv' I RANCHO RD C O ,S 2 REDOING J MUNICIPAL A/RPOR i W V y �419 h 1 DERSCr RD J EXHBIT D -'ARK FEE ARE,4S \