HomeMy WebLinkAboutAgreement A-18-238 with JPJ Inc Facility Fees.pdf/· .. ·
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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 No. 18-238
AGREEMENT
Tract No. 4968 Facility and Development Fees
THIS AGREEMENT is made and entered into this_\,,__~_'" __ day of
-~----\.-'J4==+---' 2018, by and between the COUNTY OF FRESNO, a political subdivision
of the State of California (hereinafter "COUNTY") and JPJ, INCORPORATED, a
California Corporation located at 7030 N. Fruit Avenue, Suite 101, Fresno CA, 93711,
the subdivider of Tract No. 4968 (hereinafter "SUBDIVIDER").
WITNESS ETH
WHEREAS, on December 14, 2000 the Fresno County Planning Commission
approved Initial Study Application No. 4665 and Classified Conditional Use Permit No.
2956 related to Vesting Tentative Subdivision Map No. 4968; and
WHEREAS, on December 14, 2000 the Fresno County Planning Commission
approved Vesting Tentative Subdivision Map No. 4968, Classified Conditional Use
Permit Application No. 2956, Site Plan Review Application No. 7082, and Mitigation
Measures adopted and/or approved through the associated Initial Study Application
25 subject to certain conditions; and
26 WHEREAS, on December 19, 2000, the Board of Supervisors of the County of
27 Fresno adopted the Millerton New Town Infrastructure Plan and Implementation
28 Procedures (Infrastructure Plan) creating and establishing the authority for imposing
1 and charging a fee for the development of public sewer and water facilities identified in 2 Exhibit A to this resolution for projects within the Millerton Specific Plan area (Facility 3 Fee); and 4 WHEREAS, on Decembe_r 7, 2004, the Fresno County Board of Supervisors 5 adopted the latest update to the Millerton Specific Plan (Specific Plan) creating and 6 establishing the authority for imposing and charging a fee-for the development of 7 roadway and park facilities identified in Exhibit A to this resolution for projects within the 8 Millerton Specific Plan area (Development Fee); and 9 WHEREAS, a detailed study of the cost of construction of those sewer and water 10 facilities identified in the Infrastructure Plan and those roadway and park facilities 11 identified in the Millerton Specific Plan was prepared for and reviewed by the 12 Department of Public Works and Planning entitled "MILLERTON NEW TOWN 13 INFRASTRUCTURE PLAN FACILITY FEES AND SPECIFIC PLAN DEVELOPMENT 14 FEES" dated June 2008 ("2008 Fee Document") and is on file with the Department of 15 Public Works and Planning, Development Services and Capital Projects Division; and, 16 WHEREAS, said Infrastructure Plan requires the payment of the Facility Fee to 17 fund the construction of Improvements within the Infrastructure Plan area; and, 18 WHEREAS, said Specific Plan requires the payment of the Development Fee to 19 fund the construction of Improvements within the Specific Plan area; and, 20 WHEREAS, the Board of Supervisors, has by resolution on May 1, 2018, after 21 noticed public hearing and following all other procedures required by law, established 22 the amount of the Facility Fees for Tract No. 4968; and, 23 WHEREAS, the Board of Supervisors, has by resolution on May 1, 2018, after 24 noticed public hearing and following all other procedures required by law, established 25 the amount of the Development Fees for Tract No. 4968; and, 26 WHEREAS, the SUBDIVIDER is required to pay the Facility Fee and 27 Development Fee for each lot before the issuance of a building permit; and, 28 2
1 WHEREAS, the SUBDIVIDER wishes to pay the Facility Fee and Development 2 Fee concurrently with the recordation of a Final Map, according to the terms of this 3 agreement; and, 4 WHEREAS, the SUBDIVIDER has a reservation of capacity in the water and 5 wastewater facilities as per Resolution No. 14-073, adopted by the Fresno County 6 Board of Supervisors on February 25, 2014; and, 7 WHEREAS, the SUBDIVIDER desires to acquire a permanent allocation of 8 capacity for water and wastewater facilities for Tract No. 4968; and 9 WHEREAS, the SUBDIVIDER desires to record a Final Map for Tract No. 4968. 1 O NOW THEREFORE, the parties hereto agree as follows: 11 1. FEE OBLIGATION 12 A. SUBDIVIDER is obligated to pay the Facility Fee and the Development Fee in 13 the amounts shown in Exhibit A to this agreement. Each of the fees is a base fee per 14 lot multiplied by the one hundred six (106) lots in Tract No. 4968 and includes an 15 amount for COUNTY administration of the fee program. 16 B. SUBDIVIDER deferred payment of that portion of the Development Fee for 17 Tract No. 4870 allocated to collector roads and now, in addition to the Facility Fee and 18 the Development Fee for Tract No. 4968, is obligated to pay that deferred portion of the 19 Development in accordance with the 2008 Fee Document. The amount deferred is the 20 current base fee per lot plus the three percent (3%) County Administration Fee for one 21 hundred sixty one (161) lots in Tract 4870. This amount is included in the Development 22 Fee shown on Exhibit A. 23 C. The accelerated payback provisions of the 2008 Fee Document are applied 24 as shown on Exhibit A. 25 2. CREDIT FOR FACILITY CONSTRUCTION 26 A. In connection with Tract No. 4870, SUBDIVIDER constructed facilities that 27 are the subject of the Facility Fee and the Development Fee. SUBDIVIDER has 28 furnished COUNTY with documentation of the cost of those constructed facilities and 3
1 SUBDIVIDER's pro rata share of that cost for those completed facilities that are the 2 subject of the Facility Fee and Development Fee. Those costs that are in excess of the 3 fee obligation for prior Tract No. 4870 and also attributable to the fee obligation for Tract 4 No. 4968 are summarized as fee credits for Tract No. 4968 in Exhibit B. 5 B. SUBDIVIDER has furnished COUNTY with documentation of the estimated 6 cost of facilities and of SUBDIVIDER's pro rata share of that estimated cost for facilities 7 that are the subject of the Facility Fees and Development Fees that are to be 8 constructed or installed and not completed at the time of this Agreement. Those costs 9 are summarized in Exhibits C and D. SUBDIVIDER shall provide to COUNTY a 10 summary with supporting documentation of the actual costs within sixty (60) days after 11 completion of the facilities. 12 C. The value of the pro rata share shown by the documentation in paragraphs A 13 and B of this section 2, above, is shown in Exhibit A and is credited against 14 SUBDIVIDER's fee obligation. 15 3. PAYMENT OF FEES 16 A. SUBDIVIDER shall pay the fees due in the amount shown on Exhibit A 17 concurrently with the recordation of the Final Map for Tract No. 4968. 18 B. COUNTY shall deposit SUBDIVIDER's payment into separate accounts and 19 shall accurately account for all funds and interest earned. Funds shall be administered 20 in accordance with the Implementation Procedures of the Millerton New Town 21 Infrastructure Plan. 22 4. ADJUSTMENTS 23 A. Based on documentation that may later be submitted by SUBDIVIDER, and 24 reviewed and accepted by the COUNTY's Department of Public Works and Planning, of 25 actual cost and SUBDIVIDER's pro rata share of that cost furnished in accordance with 26 Section 2, Paragraph B, COUNTY shall revise SUBDIVIDER'S credits shown in Exhibit 27 A to reflect that actual cost. 28 4
1 B. Within 90 days of receiving and accepting the documentation described in 2 paragraph A of this section 4, above, COUNTY shall provide to SUBDIVIDER a revised 3 statement of fees and credits for Tract No. 4968 and notify SUBDIVIDER of any 4 additional fees due. SUBDIVIDER shall pay any such additional fees within sixty (60) 5 days of receiving notice of fees due. 6 5. REIMBURSEMENTS 7 A. COUNTY shall review the Facility Fee and Development Fee accounts 8 annually or as requested by SUBDIVIDER and notify SUBDIVIDER when funds are 9 available in any of the accounts to reimburse SUBDIVIDER for the credits shown on 10 Exhibit A or the latest revised statement of fees and credits. 11 B. Within 60 days of receiving notification of available funds as provided in 12 paragraph A of this section 5, above, SUBDIVIDER shall choose to receive 13 reimbursement or to retain credits toward fee obligations on future projects in the 14 Millerton New Town Specific Plan Area and shall notify COUNTY of its choice in writing. 15 6. NOTICES 16 The persons and their addresses having authority to give and receive notices 17 under this Agreement include the following: 18 19 20 21 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 22 All notices between the COUNTY and SUBDIVIDER provided for or permitted 23 under this Agreement must be in writing and delivered either by personal service, by 24 first-class United States mail, by an overnight commercial courier service, or by 25 telephonic facsimile transmission. A notice delivered by personal service is effective 26 upon service to the recipient. A notice delivered by first-class United States mail is 27 effective three COUNTY business days after deposit in the United States mail, postage 28 prepaid, addressed to the recipient. A notice delivered by an overnight commercial 5
1 courier service is effective one COUNTY business day after deposit with the overnight 2 commercial courier service, delivery fees prepaid, with delivery instructions given for 3 next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile 4 is effective when transmission to the recipient is completed (but, if such transmission is 5 completed outside of COUNTY business hours, then such delivery shall be deemed to 6 be effective at the next beginning of a COUNTY busine~s day), provided that the sender 7 maintains a machine record of the completed transmission. For all claims arising out of 8 or related to this Agreement, nothing in this section establishes, waives, or modifies any 9 claims presentation requirements or procedures provided by law, including but not 10 limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, 11 beginning with section 810). 12 7. VENUE AND GOVERNING LAW. 13 Venue for any action arising out of or related to this Agreement shall only be in 14 Fresno County, California. The rights and obligations of the parties and all interpretation 15 and performance of this Agreement shall be governed in all respects by the laws of the 16 State of California. 17 8. SEVERABILITY. 18 In the event any provisions of this Agreement are held by a court of competent 19 jurisdiction to be invalid, void, or unenforceable, the Parties will use their best efforts to 20 meet and confer to determine how to mutually amend such provisions with valid and 21 enforceable provisions, and the remaining provisions of this Agreement will 22 nevertheless continue in full force and effect without being impaired or invalidated in any 23 way. 24 9. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES. 25 The headings of the sections and paragraphs of this Agreement are for 26 convenience only and shall not be used to interpret this Agreement. This Agreement is 27 the product of negotiation between the Parties. The language of this Agreement shall 28 be construed as a whole according to its fair meaning and not strictly for or against any 6
1 Party. Any rule of construction to the effect that ambiguities are to be resolved against 2 the drafting party shall not apply in interpreting this Agreement. All references in this 3 Agreement to particular statutes, regulations, ordinances or resolutions of the United 4 States, the State of California, or the County of Fresno shall be deemed to include the 5 same statute, regulation, ordinance or resolution as hereafter amended or renumbered, 6 or if repealed, to such other provisions as may thereafter govern the same subject. 7 10. LEGAL AUTHORITY. 8 Each individual executing or attesting this Agreement hereby covenants, 9 warrants, and represents to the other Party: (1) that he or she is duly authorized to 10 execute and deliver this Agreement on behalf of his or her respective Party in 11 accordance with the following: for the SUBDIVIDER, its articles of organization and 12 operating agreement; and for COUNTY, its governing legal authority; (2) that this 13 Agreement is binding upon his or her respective Party; and (3) that his or her respective 14 Party is duly organized and legally existing in good standing in the State of California. 15 11. BINDING EFFECT. 16 This Agreement shall be binding upon, and inure to the benefit of, the successors 17 and assigns of the Parties. 18 12. NO THIRD PARTY BENEFICIARIES. 19 Notwithstanding anything else to the contrary herein, the Parties acknowledge 20 and agree that no other person, firm, corporation, or entity shall be deemed an intended 21 third-party beneficiary of this Agreement. 22 13. COUNTERPARTS. 23 This Agreement may be executed in two or more counterparts, each of which 24 shall be deemed to be an original, and all of which taken together shall constitute one 25 and the same instrument. 26 14. ENTIRE AGREEMENT. 27 This Agreement constitutes the entire agreement between the SUBDIVIDER and 28 COUNTY with respect to the subject matter hereof and supersedes all previous 7
1 Agreement negotiations, proposals, commitments, writings, advertisements,
2 publications, and understanding of any nature whatsoever unless expressly included in
3 this Agreement.
4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
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set forth above.
SUBDIVIDER:
JPJ, INCORPORATED, a California
Corporation
By: L,,l.1\~
Dean H. Pryor, CFO
JPJ, INCORPORATED, a California
Corporation
7030 N. Fruit Ave., Suite 101
Fresno, CA 93711
FOR ACCOUNTING USE
ONLY:
ORG: 1170-1178, 1194-1199
FUND: 0085
SUBCLASS: 174141-17428
ACCOUNT: 1450
COUNTY OF FRESNO:
By: ---J..~~~~g_ ___ _
Sal
of th........,.~, Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
CountYi of Fresn , State of California
By: •
Deputy
G:\4360Devs&Pln\ADMIN\BOARD\Board ltems\2010-2019\2018\5-1-18\Tract 4968\Tract 4968 Final Map\T 4968 Facility and
Development Fees Agreement.docx
8
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 certific:cite is altac:hed, antl not the truthfulness, accuracy, or validity of that document. STATE OF California )SS .COUNTY OF --F1~resri-o __________ ) On /lpril 19, 2018 before me, Arna M. Ren,a teari H. Pryor APN No: , Notary Public:, personally appeared who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/~y executed the same in his/h~ir authorized capaclty(lie-)1 and that by his/l~r signature(f) on the instrument the person(1), or the entity upon behalf of which the person(~ acted, executed the Instrument. I certify under PENAL iY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature ........ ~ This area for official notarial seal. OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the documents. D INDIVIDUAL D CORPORATE OfrICER(S) TITU:(S) D PARTNER(S) • LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER SIGNER IS REPRESENTING: 0 GENERAL ---~··~~-·~--········-·····•·--··-·----·· -------Name of Person or Entity Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not requirea by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW ffiLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT -----------------SIGNER(S) OTHER THAN NAMED ABOVE --------------~-~-.--,------== Reproduced by FI~t American n~e Company ll/2007
FACILITY FEES
1 Intake and Transmission Facility
2 Groundwater Extraction Facility
3 Water Treatment Facility
4 Water Distribution and Storage
5 Wastewater Treatment
6 Wastewater Collection
7 Recla imed Effluent Disposal
8 County Administration
Total Facility Fees
Facility Fees Due
DEVELOPMENT FEES
1 Marina Drive
2 Traffic Signal Millerton Rd & Marina
3 White Fox -Marina Parkway
4 Collector Roads 1
5 Millerton Road Improvements
6 Commun ity Park
7 County Administration
Deferred County Admin2
Total Development Fees
Development Fees Due
EXHIBIT A
Millerton New Town
Infrastructure Facility Fees and Development Fees
TRACT 4968
Base Fee per Number Accumulated Estimated
lot" of Lots Fee Fee Credits Expendit ure
$ 1 ,614.61 106 $ 171 ,148.66 $1 .685,309. 78 $ 265,825.00
$ 72 .13 106 $ 7,645.78 $ 1 ,850 .21
s 2 ,512.99 106 S 266,376.94 s 128,369.58 556,000.00
s 3,166.85 106 S 335 ,686.10 S 1.080 ,699.09 192,871.80
s 8 ,360.55 106 S 886,2 18 .30 S 350,345.10 (216,975.00)
$ 1,003.74 106 S 106,396.44 $ 208,406.02 236,520.00
s 577.53 106 S 61 ,218.18 s 92,105.30 80,098.20
s 519.25 106 S 55,040.71
S 17,827.65 S 1,889,73 1.11 $1 ,114,340.00
$ 3,293.36 106 S 349,096.16 S 1,386,536.53
$ 98.54 106 S 10 ,445.24
$ 82.78 106 S 8 ,774.68
$ 2,484.60 106 S 263,367.60 S {400,020 .60) $1,605,522.00
$ 775.90 106 S 82,245.40 s 95.78 0.96 365,647.50
$ 297 .72 106 S 31 ,558.32
210.99 106 $ 22 ,364.62
s 12 ,000.62
$ 7,243.89 $ 779,852.64 $1 ,971,169.50
ITotal Due
Accellerated
Payback Net Due
1.0
1.2 9,174.94
1 .0 -
1 .0
1.0 752,848.20
1.0
1.0
55,040.71
$ 817,063.85
1.0 -
1.0 10,445.24
1.0 8,774.68
1.0 -
1.0 -
1.0 31 ,558.32
22,364.62
12,000.62
$ 73,142.86
$ 73,142.86
i sso 12os.11 I
• The Base Fee per lot is from the Millerton New Town Infrastructure Plan Faci lity Fees and Specific Plan Development Fees report prepared by
R. Heyman January 2005, Updated June 2008 adjusted by change in ENR 20-Cities Index Dec 2007-Dec 2017
1 . Deferred Fee from Tract 4870 added a s negative a-edit
2. County Administrative Fee for Deferred Tract 4870 Collector Road Fee
R. Heyman 1-,0 -201 B
Net Fee Credit
$1 ,779,986.12
$ 3,379.37
$ 417,992.64
$ 937,884.79
$
$ 338,529.58
s 110,985.32
$
$1 ,037,440.37
$
$
$ 942,133.80
$ 379,183.06
$
$
EXHIBIT B Millerton New Town Infrastructure Facility Fees and Development Fees Acummulated Fee Credits -Tract 4968 FACILITY FEES 1 Intake and Transmission Facility 2 Groundwater Extraction Facility 3 Water Treatment Facility 4 Water Distribution and Storage 5 Wastewater Treatment 6 Wastewater Collection 7 Reclaimed Effluent Disposal DEVELOPMENT FEES 1 Marina Drive 2 Traffic Signal Millerton Rd & Marina 3 White Fox -Marina Parkway 4 Collector Roads 5 Millerton Road Improvements 6 Community Park 7 County Administration Credit $1,685,309.78 $ 1,850.21 $ 128,369.58 $1,080,699.09 $ 350,345.10 $ 208,406.02 $ 92,105.30 $1,386,536.53 $ 95,780.96
EXHIBITC Millerton New Town Infrastructure Infrastructure Plan Facllltles Proposed Construction with Tract 4968 1. Intake and Transmission Fac:ilftles Lake Pump Standy Generator Total Estimated Cost JPJ 15.19% Share Total Intake and Transmission Construction 2. Groundwater Extraction Facllltlos No proposed constnictlon 3. Water Treatment Facllltles• Total Estimated Cost 450 GPM Expansion JPJ 38.2% Share Total Water Troatmont Construction 4. Water Distribution and Storage Facllltles• 2344 L.F 12'' Water Main 150 I.F 13" Water Main (MIiierton Rd) 2 EA Connection to existing main 6 EA 12" Gate Valve Subtotal 15% Contingency 20% Engineering, Environmental, Legel Etc 47.00 30.00 6,000.00 2,700.00 Total Water Dlstrlbutllon and Storage Construction 5. Wastewater Treatment Facllltles Purchase 17 Unit Capacity Sell 50 Unit Reserved Capacity Total Wastewater Treatment Construction 6. Wastewater Collectfon Fac:llltles• 4350 LF 8" Sewer Main 65 LF 8" Sewer Main (Millerton Rd) 17 EA Sewer manhole 1100 LF Sewer Force main Subtotal 15% Contingency 20% Engineering, Environmental, Legal Etc Total Wastewater Collec:tlon Fac:llltles 7. Reclaimed Effluent Disposal Facilities• 2452 LF 6" Reclaimed Water Line 245 LF 8" Reclaimed Water Line Subtotal 15% Contingency 20% Engineering, Environmental, Legal Etc 25.00 30.00 2,500.00 20.00 21.00 32.00 Total Reclaimed Effluent Disposal Facilities $ 1,750,000.00 $ 265,825.00 $ 265,825.00 $ 1,631,000.00 $ 623,042.00 $ 556,000.00 $ 110,160.00 $ 4,500.00 $ 12,000.00 $ 16,200.00 $ 142:868.00 $ 21,430.20 $ 26,573.60 s 192,871.80 $ 111,775.00 $ !328,750.00) s (216,975.00) s 108,750.00 1,950.00 42,500.00 22,000.00 s 175,200.00 $ 26,280.00 $ 35,040.00 $ 236,520.00 $ 51.492.00 $ 7,840.00 $ 59,332.00 $ 8,899.80 $ 11,866.40 $ 80,098.20 * Estimate from Opinion of Probable Constniction Cos Gateway Engineering 1-4-201 R. Heyman 1-10-2018
EXHIBIT D Millerton New Town Infrastructure Specific Plan Facilities Proposed Construction with Tract 4968 1. Marina Drive No proposed construction 2. Traffic Signal Millerton Rd & Marina No proposed construction 3. White Fox• Marina Parkway No proposed construction 4. Collector Roads Lakeridge and Sunset Drives* 147,956 SF AC Pavement (2.5" AC over 8" AB} 1 LS Bridge 4,447 LF Concrete Curb & Gutter 10,360 SF Sidewalk 1 LS Signing and Striping Subtotal 15% Contingency 20% Engineering, Environmental, Legal Etc Total Collector Roads 5. MIiierton Road Improvements Permanent Improvements* 15% Contingency 20% Engineering, Environmental, Legal Etc Total MIiierton Road Improvements 6. Community Park No proposed consruction 2.75 $ 406,879.00 710,350 710,350.00 8.65 38,466.55 3.00 31,080.00 2,500 2,500.00 --,---------------$ 1,189,275.55 $ 178,391.33 $ 237,855.11 $1,605,521.99 $ 270,850.00 40,627.50 54,170.00 $ 365,647.50 * Estimate from Opinion of Probable Construction Cost Gateway Engineering 1-04-2018 R. Heyman 1-10-2018