HomeMy WebLinkAbout32687Agreement No. 18-239
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18-0411
Recording Requested for the
Benefit of the County of Fresno,
Department of Public Works
And Planning
When Recorded Return To:
Department of Public Works
And Planning
Development Services
Division Stop 214
Attn: Development Engineering
AGREEMENT
TRACT 4968 TRAFFIC IMPACT FEES
THIS AGREEMENT is made and entered into this \ ~ day of
, 2018, by and between the COUNTY OF FRESNO, a political subdivision
12 of the State of California (hereinafter "COUNTY") and JPJ, INCORPORATED, a
13 California Corporation located at 7030 N. Fruit Avenue, Suite 101, Fresno CA, 93711,
14 the subdivider of Tract No. 4968 (hereinafter "SUBDIVIDER").
15 WITNESSETH
16 WHEREAS, on December 14, 2000 the Fresno County Planning Commission
17 approved Initial Study Application No. 4665 and Classified Conditional Use Permit No.
18 2956 related to Vesting Tentative Subdivision Map No. 4968; and
19 WHEREAS, on December 14, 2000 the Fresno County Planning Commission
20 approved Vesting Tentative Subdivision Map No. 4968, Classified Conditional Use
21 Permit Application No. 2956, Site Plan Review Application No. 7082, and Mitigation
22 Measures adopted and/or approved through the associated Initial Study Application
23 subject to certain conditions; and
24 WHEREAS, said Initial Study Application contained a Transportation Impact
25 Analysis (TIA) that identified mitigation measures related to traffic impacts; and
26 WHEREAS, the Millerton Specific Plan, most recently amended on December 7,
27 2004, requires that each development project proponent in the Millerton New Town area
28 pay the project's pro-rata share of the cost of traffic improvements to mitigate traffic
1 impacts, including improvements to four-lane roadway projects and traffic signal 2 installation as described in the TIA; and 3 WHEREAS, the Millerton Specific Plan also provides that each development 4 project proponent in the Millerton New Town area shall enter into an agreement with the 5 County to provide for the funding of the traffic impact fees, which fees shall be payable 6 on a per-unit basis as set forth in the TIA at the time of issuance of a building permit; 7 and 8 WHEREAS, Mitigation Measure No. 2.i of the Mitigation Monitoring and 9 Reporting Program also requires the SUBDIVIDER to pay a pro-rata share of the cost o 10 improvements for four-lane roadways and traffic signal projects as described in the TIA: 11 and 12 WHEREAS, Mitigation Measure No. 2.i also requires that the SUBDIVIDER shall 13 enter into an agreement with the COUNTY to provide for funding of the traffic impact 14 fees prior to recording a Final Map for Tract No. 4968; and 15 WHEREAS, the Board of Supervisors, as required by Fresno County Ordinance 16 Code section 17.88.120, has by resolution on May 1, 2018, after noticed public hearing 17 and following all other procedures required by law, established the amount of the traffic 18 impact fees for Tract No. 4968 ("Traffic Impact Fee"); and 19 WHEREAS, SUBDIVIDER will be required to pay the Traffic Impact Fee for each 20 lot when building permits are issued; and 21 WHEREAS, the SUBDIVIDER desires to record a Final Map for Tract No. 4968. 22 NOW THEREFORE, the parties hereto agree as follows: 23 1. SUBDIVIDER shall pay the Traffic Impact Fee for Tract No. 4968 in the amounts 24 shown in Exhibit A to this Agreement. 25 2. In addition to the amount in Paragraph 1, SUBDIVIDER shall pay three percent 26 (3%) of the amount shown in Exhibit A to the COUNTY for administration of the 27 Public Facilities Fund. 28 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. If payment of the Traffic Impact Fee is not made at the time of issuance of building permits, payment shall be made prior to occupancy of the project improvements. In that case, as a condition of issuance of building permits without payment of the pro-rata mitigation fee, SUBDIVIDER shall execute a separate covenant with the COUNTY acknowledging the requirement for payment of the mitigation fee as a condition of occupancy. 4. The amount of fee shall be adjusted on January 15 annually beginning in 2019 by a percentage equal to the change in the Engineering News Record Construction Cost Index for 20 Cities for the preceding year as published in the Fourth Quarterly Cost Issue in the preceding December. 5. The Traffic Impact Fee shall be imposed and collected in accordance with Section 66000 et seq. of the California Government Code and Chapter 17.88 of the Fresno County Ordinance Code. 6. The Millerton Specific Plan requires that the developers who are developing property within the Millerton Specific Plan improve certain parts of Millerton Road and install the traffic signal at the intersection of Millerton Road and Marina Drive, or pay their pro-rata share of the cost of that project through a "Development Fee," which is established separately from the Traffic Impact Fee. The traffic signal is also identified in the TIA as an improvement necessary to mitigate specific traffic impacts of Tract No. 4968. SUBDIVIDER understands and acknowledges that to the extent the Development Fee and the Traffic Impact Fee cover improvements of Millerton Road and the traffic signal at the intersection of Millerton Road and Marina Drive, those fees cover different components of those improvements and both fees shall be paid in full. 7. The developers wish to provide that the developer who installs the traffic signal will be able to recover part of the cost of the installation of the traffic signal once installed by claiming reimbursement from the Traffic Impact Fee. To that end, if the SUBDIVIDER installs the traffic signal, the COUNTY shall allow 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBDIVIDER to claim reimbursement for the cost of that installation from proceeds of the Traffic Impact Fee. 8. If the COUNTY adopts a regional traffic impact fee for a larger region that includes Tract No. 4968, other than the Development Fee, the SUBDIVIDER agrees that the regional fee shall apply in lieu of the Traffic Impact Fee to units within Tract No. 4968, if the Traffic Impact Fee is not already paid for such units and if the regional traffic impact fee is not more than the Traffic Impact Fee. 9. Under the conditions described below, COUNTY shall recalculate the Year 2025 traffic volumes for the roads impacted by Tract No. 4968 and the pro-rata share of the cost of improvements for Tract No. 4968, and may reduce the amount of the Traffic Impact Fee. Those conditions include _the following: a. A traffic impact analysis or traffic study is prepared for a new project generating more than 1,000 trips per day that impact any of the roads or traffic signals impacted by Tract 4968; and b. The new project requires a General Plan Amendment and was not included in the TIA for Tract 4968; and c. The new project is approved by the.COUNTY (approved Tentative Map or Conditional Use Permit.) or begins construction through sovereign (tribal) right within two years after final occupancy is granted or within five years from the first building permit, whichever is greater. 10. Recalculation of the Traffic Impact Fee as stated in Paragraph 9 above shall be considered a redefinition of the Traffic Impact Fee imposed on each lot in Tract No. 4968. Refunds of overpayments for parcels on which the Traffic Impact Fee has been collected, but which have not yet been sold by the SUBDIVIDER, may be provided in a separate Reimbursement Agreement for Traffic Impact Fees for Tract No. 4968, as may later be executed between COUNTY and SUBDIVIDER. 11. NOTICES. The persons and their addresses having authority to give and receive notices under this Agreement include the following: 4
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Director of Public Works and Planning County of Fresno 2220 Tulare Street, 6th Floor Fresno, CA 93721 SUBDIVIDER John A Bonadelle, President JPJ, INCORPORATED, a California Corporation 7030 N. Fruit Ave., Suite 101 Fresno, CA 93711 . All notices between the COUNTY and SUBDIVIDER provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by fir~t-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 12. VENUE AND GOVERNING LAW. Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this 5
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement shall be governed in all respects by the laws of the State of California. 13. SEVERABILITY. In the event any provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the Parties will use their best efforts to meet and confer to determine how to mutually amend such provisions with valid and enforceable provisions, and the remaining provisions of this Agreement will nevertheless continue in full force and effect without being impaired or invalidated in any way. 14. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the County of Fresno shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. 15. LEGAL AUTHORITY. Each individual executing or attesting this Agreement hereby covenants, warrants, and _represents to the other Party: (1) that he or she is duly authorized to execute and deliver this Agreement on behalf of his or her respective Party in accordance with the following: for the SUBDIVIDER, its articles of organization and operating agreement; and for COUNTY, its governing legal authority; (2) that this Agreement is binding upon his or her respective Party; and (3) that his or her respective Party is duly organized and legally existing in good standing in the State of California. 6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 16. BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the Parties. 17. NO THIRD PARTY BENEFICIARIES. Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree that no other person, firm, corporation, or entity shall be deemed an intended third-party beneficiary of this Agreement. 18.COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and all of which taken together shall constitute one and the same instrument. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the SUBDIVIDER and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. 7
1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set
2 forth above.
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SUBDIVIDER:
JPJ, INCORPORATED, a California
Corporation
By: ..J..1\~
Dean H. Pryor, CFD
JPJ, INCORPORATED, a California
Corporation
7030 N. Fruit Ave., Suite 101
Fresno, CA 93711
FOR ACCOUNTING USE ONLY:
ORG: 1301-1306, 1329, 1336-1338, 1346-1356
FUND: 088
COUNTY OF FRESNO:
By: ~~~,.£.J,,~lo.M!!!~----
Sal
of the rd upervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
Coun of Fres o, State of California
By: -W.:..\..IIU~~~~-----
Deputy
SUBCLASS: 34201.:34207, 34235, 34245-34247, 34257-34264
ACCOUNT: 1450
G:\4360Devs&Pln\ADMIN\BOARD\Board ltems\2010-2019\2018\5-1-18\Tract 4968\Tract 4968 Final Map\T4968 Agreement Traffic
Impact Fees.docx
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California )SS .COUNTY OF _,,.,.Fres:ri ____________ ) APN No: On April 17, 2018 before me, Arm M. Rerm , Notary Public, personally appeared I:ean H. ~r who .. proved to rnc on the b~sis.ofsatisfactory evidence to be the person(,t) whose name(t) is/;.i;e subscribed to the ·wiffi.in instrument and acknowledged to me that he/~y executed the same in hls/h~ir authorized capacity(ies,, and that by his/~eir signature(J) on the instrument the person(i), or the entity upon behalf of which the person(i) acted, executed the instrument. I certify under PENAL W OF PERJURY under the lt1ws of the State of California that the foregoing paragraph is true and correct. This area for official notarial seal. OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Nota,y to fill in the data below, doing so may prove invaluable to persons relying on the documents. D TNDJVIDUAL D CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) • LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER SIGNER IS REPRESENTING: Name of Person or Entity D GENERAL Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR 1YPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT -----~-----------SIGNER(S) OTHER THAN NAMED ABOVE Reproduted by First American Title Company 11/2007
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