HomeMy WebLinkAboutAgreement A-21-483 Facility and Development Fees Tract No. 6189.pdf1
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21-1045
Recording Requested for the
Benefit of the County of Fresno ,
Department of Public Works
And Plann ing
When Recorded Return To :
Department of Public Works
And Planning
Deve lopment Services
Division Stop 214
Attn: Development Eng ineering
AGREEMENT
FACILITY AND DEVELOPMENT FEES
TRACT NO . 6189
Agreement No. 21-483
12 THIS AGREEMENT is made and entered into th is 16th day of November 2021, by and between th
13 County of Fresno, a political subdivision of the State of California hereinafter called "COUNTY" and 3
14 Development Inc ., a California corporation located at 1396 W. Herndon Avenue , Fresno CA, 93711 , th
15 subdivider of Tract No . 6189 , referred to hereinafter as "SUBDIVIDER." COUNTY and SUBDIVIDER ma
16 be referred to individually as a "Party ," or collectively as "Parties ," to this AGREEMENT .
17 WITNESSETH
18 WHEREAS , on December 14, 2000 the Fresno County Planning Commission approved Vestin
19 Tentative Subdivision Map No . 4968, subject to certain conditions ; and
20 WHEREAS , application has been made for approval of the Final Map for Tract No . 6189 {133-lots)
21 phase two of Vesting Tentative Subdivis ion Map No . 4968 ; and ,
22 WHEREAS, on December 14, 2000 the Fresno County Planning Commission approved Initial Stud
23 Application No . 4665 , Classified Conditional Use Perm it No . 2956 and Site Plan Review Application No
24 7082 related to Vesting Tentative Subdivision Map No. 4968; and ,
25 WHEREAS , on December 19, 2000 the Fresno County Board of Supervisors approved the Millerto
26 New Town Area Infrastructure Plan; and ,
27 WHEREAS , Facility and Development Fees are provided for the Millerton Specific Plan; and ,
28 WHEREAS , SUBDIVIDER has a reservation of capacity in the water and wastewater facilities a
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1 per Resolution No. 14-073 , adopted by the Fresno County Board of Supervisors on February 25 , 2014
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3 WHEREAS , the Millerton New Town Infrastructure Plan Implementation Procedures provide fo
4 reimbursement for cost of construction of fac ilities contained in the Infrastructure Plan through the provisio
5 of Facil ity Fees ; and
6 WHEREAS , SUBDIVIDER desires to acquire a permanent allocation of capacity for water an
7 wastewater facilities for Tract No. 6189 and to file a Final Map for Tract No . 6189 ; and
8 WHEREAS , the document tit led "Millerton New Town In frastructu re Plan Facility Fees and Millerto
9 Spec ific Plan Development Fees ," dated June 2008 (Facility and Development Fees Document) and o
1 O file in the office of the Department of Public Works and Pla nn ing describes Facility Fees and Developmen
11 Fees as provided for in the Millerton Specific Plan and the Implementation Procedures ;
12 NOW THEREFORE , the Parties hereto agree as follows :
13 1. FEE OBLIGATION .
14 SUBDIVIDER is obligated to pay the Facility Fee and Development Fee in the amounts shown i
15 Attachment A to this AGREEMENT prior to the issuance of a building permit. Each of these fees is a bas
16 fee per lot multiplied by the one hundred thirty-three (133 ) lots in Tract No . 6189 and include the fees fo
17 COUNTY admin istration of the fee program .
18 2 . CREDIT FOR FACILITY CONSTRUCTION.
19 A. In connection w ith Tract No . 6189 , SUBDIV IDER constructed facilities or other infrastructur
20 that are the subject of the Facility Fee and Development Fee. SUBDIVIDER has furnished COUNTY wit
21 documentation of the cost of those constructed facilities and SUBDIVIDER 's pro rata share of that cost fo
22 those completed facilities that are the subject of the Facility Fees and Development Fees .
23 B. SUBDIVIDER has furnished COUNTY w ith documentation of the est imated cost of facilitie
24 and SUBDIVIDER's p ro rata share of that estimated cost for those facil it ies that are the subject of th
25 Facility Fees and Development Fees that are to be constructed or installed and not completed at the t im
26 of this AGREEMENT . Those costs are summarized in Attachments C and D. SUBDIVIDER shall provid
27 to COUNTY a summary of the actual costs within sixty (60 ) days after completion of the facilities .
28 C . The value of that participation shown by the documentation in Paragraphs A and B abov
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is shown in Attachment A and is credited aga inst SUBDIVIDER's fee obligation .
3 . PAYMENT OF FEES .
A. SUBDIVIDER shall pay the fees due in the amount shown on Attachment A upo
acceptance of the Final Map for said Tract No . 6189 by the Board of Supervisors .
B. COUNTY shall deposit funds in separate accounts and shall accurately account for all fund
and interest earned . Funds shall be administered in accordance with the provision of the lmplementatio
Procedures of the Millerton New Town Infrastructure Plan.
4. ADJUSTMENTS.
A. Based on documentation , that may later be submitted by SUBDIVIDER and accepted b
COUNTY Department of Public Works and Planning , of actual cost and SUBDIVIDER's pro rata share o
that cost furnished in accordance with Section 2 , Paragraph B, COUNTY shall revise SUBDIVIDER'
credits shown in Attachment A to reflect the actual costs.
B . COUNTY shall provide SUBDIVIDER with a revised statement of fees and credits for Trac
No. 6189 and notify SUBDIVIDER of any additional fees due within ninety (90) days of receiving an
accepting the documentation in paragraph A of this section. SUBDIVIDER shall pay any additional fee
within sixty (60) days of receiving notice of fees due.
5. REIMBURSEMENTS.
A. COUNTY shall review the Facility Fee and Development Fee accounts annually or a
requested by SUBDIVIDER and notify SUBDIVIDER when funds are available in any of the accounts t
reimburse SUBDIVIDER for the credits shown on Attachment A or the latest revised statement of fees an
credits.
B. Within 60 days of receiving notice pf available funds as provided in paragraph A of thi
section 5 , SUBDIVIDER shall choose to receive reimbursement or to retain credits toward fee obligation
on future projects in the Millerton New Town Specific Plan area and shall notify COUNTY in writing of it
choice.
26 6 . NOTICES.
27 The persons and their addresses having authority to g ive and receive notices under thi
28 AGREEMENT include the following:
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COUNTY OF FRESNO
Director of Public Works and Plann ing
County of Fresno
2220 Tulare Street, 6th Floor
Fresno , CA 93721
SUBDIVIDER
Darius Assemi , CEO , Director
3B Development Inc .
a California Corporation
1396 W . Herndon Avenue ,
Fresno , CA 93711
7 All notices between COUNTY and SUBDIVIDER provided for or permitted under this AG REEM EN
8 must be in writing and delivered either by personal service , by first-class United States mail , by an overnigh
9 commercial courier service , or by telephonic facsimile transmission . A notice delivered by personal servic
1 O is effective upon service to the recipient. A notice delivered by firs t-class Un ited States ma il is effectiv
11 three (3) COUNTY business days after deposit in the United States mail , postage prepaid , addressed t
12 the rec ipient. A notice delivered by an overnight commercial courier service is effective one (1) COUNT
13 business day after deposit with the overnight commercial courier service , delivery fees prepaid , wit
14 delivery instructions given for next day delivery , addressed to the recipien t. A notice delivered by telephoni
15 facsimile is effective when transmission to the recipient is completed (but , if such transmiss ion is complete
16 outs ide of COUNTY business hours , then such delivery shall be deemed to be effect ive at the nex
17 beginning of a COUNTY business day), provided that the sender maintains a machine record of th
18 completed transmission.
19 For all claims arising out of or related to this AGREEMENT, noth ing in this section establishes
20 wa ives , or modifies any claims presentation requirements or procedures provided by law, including but no
21 limited to the Government Cla ims Act (Div ision 3.6 of Title 1 of the Government Code , beginning wit
22 section 810).
23 7. VENUE AND GOVERNING LAW .
24 Venue for any action arising out of or related to this AGREEMENT shall only be in Fresno County
25 California . The rights and obligations of the Parties and all interpretation and performance of thi
26 AGREEMENT shall be governed in all respects by the laws of the State of California.
27 8 . SEVERABILITY.
28 In the event any provis ions of th is AGREEMENT a re held by a court of competent jurisdiction to b
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1 invalid , void , or unenforceable , the Parties will use their best efforts to meet and confer to determine ho
2 to mutually amend such provisions with valid and enforceable provisions , and the remaining provisions o
3 this AGREEMENT w ill nevertheless continue in full force and effect without being impaired or invalidate
4 in any way.
5 9. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES.
6 The headings of the sections and paragraphs of this AGREEMENT are for convenience only an
7 shall not be used to interpret this AGREEMENT. This AGREEMENT is the product of negotiation betwee
8 the Parties. The language of this AGREEMENT shall be construed as a whole according to its fair meanin
9 and not strictly for or against any Party. Any rule of construction to the effect that amb iguities are to b
10 resolved against the drafting party shall not apply in interpreting this AGREEMENT .
11 All references in this AGREEMENT to statutes , regulations , ordinances or resolutions of the Unite
12 States , the State of California , or COUNTY shall be deemed to include the same statute , regulation
13 ordinance or resolut ion as hereafter amended or renumbered , or if repealed , to such other provisions a
14 may thereafter govern the same subject.
15 10. LEGAL AUTHORITY .
16 Each individual executing or attesting this AGREEMENT hereby covenants , warrants , an
17 represents to the other Party :
18 A . That he or she is duly autho ri zed to execute and del iver this AGREEMENT on behalf of hi
19 or her respective Party in accordance with the following : for the SUBDIVIDER , its articles o
20 incorporation and bylaws ; and for COUNTY , its governing legal authority ;
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B. That this AGREEMENT is binding upon his or her respective Party ; and
C . That his or her respective Party is duly organized and legally existing in good standing i
the State of Californ ia.
BINDING EFFECT .
25 This AGREEMENT shall be binding upon , and inure to the benefit of, the successors and assign
26 of the Parties .
27 12. NO THIRD-PARTY BENEFICIARIES .
28 Notwithstanding anything else to the contrary herein , the Parties acknowledge and agree that n
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1 other person , firm , corporation , or ent ity shall be deemed an intended third-party beneficiary of thi
2 AGREEMENT .
3 13. COUNTERPARTS.
4 Th is AGREEMENT may be executed in two or more counterparts , each of which shall be deeme
5 to be an original, and all of which taken together shall constitute one and the same instrument.
6 14 . ENTIRE AGREEMENT .
7 This AGREEMENT const itutes the entire AGREEMENT between SUBDIVIDER and COUNTY wit
8 respect to the subject matter hereof and supersedes all prev ious AGREEMENT negotiations , proposals
9 commitments , writings , advertisements , publications , and understanding of any nature whatsoever unles
10 expressly included in th is AGREEMENT .
11 15. NON-ASSIGNMENT.
12 This AGREEMENT shall not be assignable by SUBDIVIDER without the prior written consent o
13 COUNTY. Any assignee shall take this AGREEMENT subject to the covenants and conditions set fort
14 here in .
15 16. INDEPENDENT CAPACITY.
16 This AGREEMENT is not intended to and will not be construed to create the relationsh ip of princ ipa l
17 agent, master-servant, employer-employee , partnership , joint ventu re or association between the COUNT
18 and the SUBDIVIDER ; neithe r Party is an officer of the other. Each of the Parties to this AGREEMENT
19 their respective officers , agents and employees , in the performance of this AGREEMENT shall act in a
20 independent capacity , as independent contractors , between each other.
21 (Signature page follows.)
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1 IN WITNESS WHEREOF , the Part ies have executed this AGREEMENT on the date
2 set forth above.
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SUBDIVIDER AND/OR CONSULTANT
~~i.----
(Authonzed Signature)
"Dew)v~ ~ ~~o
Print Name and Title
'~" w . ~l'l~bY\ Ne ,~ lOl
9 Mailing Address
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City , State , and Zip Code
18 FOR ACCOUNTING USE ONLY:
19 ORG: 1170-1178, 1194-1199
ACCOUNT: 1450 , 1450
20 FUND : 0085 , 0085
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SUBCLASS 17414-17422; 17423-17428
Steve Brandau , Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bern ice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
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ACKNOWLEDGMENT
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
County of ,F,e $'oO
On /VP ✓e ml::>ef ?, 20 ?/ before me , De.n i l C. 6-✓r ,?~r:£ 4 /1vfe,y ,1./4/,l_; 1 (irfaert name nd title o the officer) 1
personally appeared De-. rt ' V _j A-sf e,,,,_, ~ ·
who proved to me on the basis of satisfactory evidence to be the person't>i') whose nam ~ is ~
subscribed to the within instrument and acknowledged to me that he/~~y executed the same in
his/~/~eir authorized capacity ~). and that by his/J,(e r/~eir signature.PQ on the instrument the
person i,rj , or the entity upon behalf of which the person ~ acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ----"'--"Aj _____ t:/2-¥---i _. _
~' • .. ?: ~... DARYL C. GAGLIARDI I
-" "'otary Public • California 1 :r ;. Madera County I
" Comm ission# 2317513 •
My Comm. Expires Jan 27, 202•
(Seal )