Loading...
HomeMy WebLinkAboutAgreeement A-24-276 with HR Land LLC a California Corporation.pdf 24-0269 Agreement No. 24-276 1 Recording Requested for the Benefit of the County of Fresno, 2 Department of Public Works 3 And Planning 4 When Recorded Return To: Department of Public Works 5 And Planning Development Services 6 Division Stop 214 Attn: Development Engineering 7 8 AGREEMENT 9 UNCLASSIFIED CONDITIONAL USE PERMIT NO. 3724 10 TRAFFIC IMPACT FEES 11 12 THIS AGREEMENT is made and entered into this 4th day of June 2024, by and between the 13 COUNTY OF FRESNO, a political subdivision of the State of California (hereinafter"COUNTY") and H&R 14 Land, LLC, a California corporation, located at 1242 N. Rio Vista Avenue, Sanger CA 93657, the 15 developer for Unclassified Conditional Use Permit No. 3724 (hereinafter "DEVELOPER"). COUNTY and 16 DEVELOPER may be referred to herein individually as a "Party" and collectively as "Parties." 17 WITNESSETH 18 WHEREAS, on August 11, 2022 the Fresno County Planning Commission approved Unclassified 19 Conditional Use Permit No. 3724 and Initial Study Application No. 8151; and 20 WHEREAS, said Initial Study Application contained a Transportation Impact Study (TIS) that 21 identified mitigation measures related to traffic impacts; and 22 WHEREAS, condition of approval No. 3 requires that the DEVELOPER enter into an agreement 23 with the COUNTY to provide for funding of the traffic impact fees prior to the issuance of a building permit 24 for development associated with Unclassified Conditional Use Permit No. 3724; and 25 WHEREAS, the Board of Supervisors, as required by Fresno County Ordinance Code section 26 17.88.120, has by resolution on June 4, 2024, after noticed public hearing and following all other 27 procedures required by law, established the amount of the traffic impact fees for Unclassified Conditional 28 Use Permit No. 3724 ("Traffic Impact Fee"); and 1 1 WHEREAS, DEVELOPER will be required to pay the Traffic Impact Fee prior to the issuance of 2 a building permit for any development under Unclassified Conditional Use Permit No. 3724. 3 NOW THEREFORE, the parties hereto agree as follows: 4 1. DEVELOPER shall pay the Traffic Impact Fee for Unclassified Conditional Use Permit No. 5 3724 in the amount of $763,141 as shown in Exhibit B to this Agreement, prior to the issuance of a 6 building permit for any development under Unclassified Conditional Use Permit No. 3724. 7 2. In addition to the amount in Paragraph 1, DEVELOPER shall pay three percent (3%) of 8 the amount shown in Exhibit B to the COUNTY for administration of the Traffic Impact Fee Fund. 9 3. NOTICES. The persons and their addresses having authority to give and receive notices 10 under this Agreement include the following: 11 COUNTY OF FRESNO DEVELOPER 12 Director of Public Works and Planning H&R Land, LLC, County of Fresno a California Corporation 13 2220 Tulare Street, 6th Floor 1242 N. Rio Vista Avenue 14 Fresno, CA 93721 Sanger, CA 93657 15 All notices between the COUNTY and DEVELOPER provided for or permitted under this Agreement must 16 be in writing and delivered either by personal service, by first-class United States mail, by an overnight 17 commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal 18 service is effective upon service to the recipient. A notice delivered by first-class United States mail is 19 effective three COUNTY business days after deposit in the United States mail, postage prepaid, 20 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective 21 one COUNTY business day after deposit with the overnight commercial courier service, delivery fees 22 prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice 23 delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such 24 transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to 25 be effective at the next beginning of a COUNTY business day), provided that the sender maintains a 26 machine record of the completed transmission. 27 For all claims arising out of or related to this Agreement, nothing in this section establishes, 28 waives, or modifies any claims presentation requirements or procedures provided by law, including but 2 I not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with 2 section 810). 3 5. VENUE AND GOVERNING LAW. Venue for any action arising out of or related to this 4 Agreement shall only be in Fresno County, California. The rights and obligations of the parties and all 5 interpretation and performance of this Agreement shall be governed in all respects by the laws of the 6 State of California. 7 6. SEVERABILITY. In the event any provisions of this Agreement are held by a court of 8 competent jurisdiction to be invalid, void, or unenforceable, the Parties will use their best efforts to meet 9 and confer to determine how to mutually amend such provisions with valid and enforceable provisions, 10 and the remaining provisions of this Agreement will nevertheless continue in full force and effect without 11 being impaired or invalidated in any way. 12 7. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES. The headings of the 13 sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret 14 this Agreement. This Agreement is the product of negotiation between the Parties. The language of this 15 Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any 16 Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party 17 shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, 18 regulations, ordinances or resolutions of the United States,the State of California, or the County of Fresno 19 shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended 20 or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. 21 8. LEGAL AUTHORITY. Each individual executing or attesting this Agreement hereby 22 covenants, warrants, and represents to the other Party: (1) that he or she is duly authorized to execute 23 and deliver this Agreement on behalf of his or her respective Party in accordance with the following: for 24 the DEVELOPER, its articles of organization and operating agreement; and for COUNTY, its governing 25 legal authority; (2) that this Agreement is binding upon his or her respective Party; and (3)that his or her 26 respective Party is duly organized and legally existing in good standing in the State of California. 27 9. BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the 28 successors and assigns of the Parties. 3 1 10. NO THIRD PARTY BENEFICIARIES. Notwithstanding anything else to the contrary 2 herein, the Parties acknowledge and agree that no other person, firm, corporation, or entity shall be 3 deemed an intended third-party beneficiary of this Agreement. 4 11. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each 5 of which shall be deemed to be an original, and all of which taken together shall constitute the same 6 instrument. 7 12. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the 8 DEVELOPER and COUNTY with respect to the subject matter hereof and supersedes all previous 9 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and 10 understanding of any nature whatsoever unless expressly included in this Agreement. 11 (Signature page follows.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 IN WITNESS THEREOF, the Parties have executed this Agreement on the date set forth above. 2 3 DEVELOPER: COUNTY OF FRESNO: 4 H&R Land, LLC a California Corporation 5 By: �"^-� By: 6 \\ Nathan Magsig, Chairman of the Board of 7 T Supervisors of the County of Fresno (Printed N Title) 8 242 y ( dress) _ 9W0.• ATTEST: 10 (City, Zip) Bernice E. Seidel 11 Clerk of the Board of Supervisors County of Fresno, State of California 12 13 By: Deputy 14 15 16 17 18 19 20 FOR ACCOUNTING USE ONLY: 21 ORG: 1381 FUND: 0088 22 SUBCLASS: 34288 ACCOUNT: 5800 23 24 25 26 27 28 5 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of Fresno J} On Ott Me 12024 before me, C4yCL 1 Edm i Sfm , NOt&ry Pubbc , Date Here Insert Name and Title o(the Officer personally appeared Nafhan MaASiq Names)of igner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ..'�•'s CYAN EDMiSTEN paragraph is true and correct. " Notary Public-California Fresno County Commission 2389888 WITNESS my hand and official seal. =•i.•o•�� My Comm.Expires Jan 8,2026 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 020119 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 `�11.0 yyh I On 29, 2� before me, Date � Here Insert Name and Title of the c icer personally appeared N ,=W- K � " i Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ERICA ARCHULETA paragraph is true and correct. �= Notary Public-California Fresno County WITNESS my hand and official seal. Commission k 2342375 �•"'� My Comm.Expires Jan 19,2025 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date.- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association