Loading...
HomeMy WebLinkAboutT-5427 - Agreement/Covenant - 10/2/2013 WHEN RECORDED MAIL TO: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE-Government Code 6103 City of ZPUBLIC WORKS DEPARTMENT U 2600 Fresno Street LLI Fresno, California 93721-3616 a (559) 621-8650 W J O. P.W. File No. 11031 AMENDMENT TO SUBDIVISION AGREEMENT FINAL MAPS OF TRACT NO. 54271UGM PHASE 'I OF VESTING TENTATIVE MAP NO. 54271UGM AND TRACT NO. 56861UGM, PHASE 2 OF VESTING TENTATIVE MAP NO. 54271UGM Amendment to Subdivision Agreement Final Map of Tracts No 5427 and 5868 Page 2 THIS AMENDMENT is made this 26 day of4&nbe-' 2013, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and, LENNAR FRESNO, INC., a California corporation , 8080 North Palm Avenue, Suite 110, Fresno, California 93711, hereinafter designated and called the "Subdivider," without regard for number or gender. RECITALS A. WHEREAS, the Fresno City Council ("Council") approved the Final Maps of Tract No. 5427 and Tract No. 5686 ("the development") on April 24, 2007, including 339 single-family homes on 81.0 acres; and B. WHEREAS, on April 24, 2007, City and Subdivider entered into a Subdivision Agreement for the Final Maps of Tract No. 5427 and Tract No. 5686; and C. WHEREAS, the Conditions of Approval for the development included the installation of a traffic signal at the intersection of Shields Avenue and Temperance Avenue; and D. WHEREAS, the Subdivider retained the firm of TJKM Consultants to prepare the traffic signals plans, which were completed but now require minor modifications prior to advertising for construction bids; and E. WHEREAS, due to the economic downturn, it has taken significantly longer to build out the development than was originally anticipated and the City previously extended the completion date in the Subdivision Agreement to April 24, 2014; and F. WHEREAS, the State of California released a Call for Projects under the Proposition 1 B State-Local Partnership Program ("SLPP") for traffic flow improvement projects with a requirement for a dollar-for-dollar match from uniform development impact fees, with applications due in August 2012 ; and G. WHEREAS, the City of Fresno Public Works Department and representatives of the Subdivider recognized the opportunity for partnering on the project in June 2012, with the Subdivider to provide the required 50% match through payment of development impact fees; Amendment to Subdivision Agreement Final Map of Tracts No 5427 and 5868 Page 3 and H. WHEREAS, on July 19, 2012, the Council adopted Resolution No. 2012-135 authorizing the submission of applications for SLPP funding for three locations, including the traffic signal at the intersection of Temperance Avenue and Shields Avenue; and I. WHEREAS, the Temperance and Shields traffic signal application consisted of a construction phase budget of$430,000, with $215,000 from the SLPP funds and $215,000 from Citywide Traffic Signal Mitigation Impact ("TSMI")fees to be paid by the Subdivider; and J. WHEREAS, in December 2012, the City was notified by the State of California that the Temperance and Shields traffic signal project would be awarded $215,000 in SLPP funding by the California Transportation Commission ("CTC'); and K. WHEREAS, the SLPP funding allocated by the CTC in June 2013 requires the City to advertise the project for construction bids in accordance with State requirements, award by December 2013, and administer the construction contract, which will in turn require the development of project specifications and minor revisions to the previously approved traffic signal plans; and L. WHEREAS, the City has estimated the cost of the engineering plan updates and specification preparation to be $10,000, the cost of which is a preliminary engineering phase cost that is non-reimbursable under the SLPP construction funding and not a part of the dollar- for-dollar matching fund requirements, toward which the Subdivider will contribute $5,000. M. WHEREAS, the City and Subdivider now desire to amend the Subdivision Agreement for the development to reflect the award of the SLPP funds and the method by which the traffic signal project will be delivered. AGREEMENT In consideration of the award of SLPP funding for the Temperance and Shields traffic signal project by the CTC, it is therefore mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1. The City shall ensure that any necessary corrections to the traffic signal plans for Temperance Avenue and Shields Avenue be made. 2. Although not eligible as a cost under the SLPP-funded construction phase of the Amendment to Subdivision Agreement Final Map of Tracts No 5427 and 5868 Page 4 project, the City shall apply TSMI fee credits toward the development and future TSMI fee program reimbursement, consistent with the Fresno Municipal Code, standard City practices and development impact fee program procedures, for the Subdivider's preliminary engineering costs. 3. Upon receipt of the $220,000 cash payment and copies of paid engineering invoices from the Subdivider, and following the execution of this Amendment, the City shall prepare a determination letter for the Subdivider's future eligible traffic signal impact fee reimbursement. The eligible amount shall be $220,000 plus approved consultant engineering costs, less the Subdivider's TSMI fee obligation of$140,579.91 for the development. 4. The Subdivider shall contribute $5,000 toward the City's cost to prepare the bid specifications and to update the engineering drawings, the $5,000 being a part of the Subdivider's $220,000 payment. This $220,000 payment, less any refunded amount due to cost savings, shall be included in the eligible TSMI reimbursement to the Subdivider. 5. The necessary construction phase funding of $430,000 ("available construction funds") shall be composed of$215,000 in SLPP funds which the City will receive from the State of California, and $215,000 in TSMI to be paid by the Subdivider to the City for the construction phase, prior to the execution of this amendment. The necessary engineering plan update and specification preparation funding of $5,000 shall also be paid by the Subdivider prior to execution of this amendment, resulting in a total amount of $220,000 to be paid by the Subdivider to the City. 6. The City will pay all costs for bidding, construction contracts, construction management, inspection, testing and associated work to be performed by the City. The Subdivider's obligations are solely limited to making the $220,000 cash payment to the City. 7. Should the traffic signal project be completed for less than the available preliminary engineering and construction phase funds, the City shall refund 50% of the cost savings to the Subdivider within 90 calendar days. The City will also deduct any refunded savings from the Subdivider's future TSMI fee reimbursement. 8. Upon completion of all work required by the Subdivision Agreement and the Conditions of Approval, the Subdivider may request tract acceptance per the City's standard practices. The acceptance of the tracts shall not be withheld due to the City's work on the Temperance and Shields traffic signal. 9. The City has the sole authority to determine the lowest responsive and responsible bidder. The City reserves the right to award a contract or to reject all bids and re- Amendment to Subdivision Agreement Final Map of Tracts No 5427 and 5868 Page 5 advertise at the discretion of the Council. The Subdivider's contribution is limited to the dollar figures as noted in this Amendment. 10. Unless modified by language in this Amendment, all other provisions of the Subdivision Agreement shall remain in full force and effect. Amendment to Subdivision Agreement Final Map of Tracts No 5427 and 5868 Page 6 The parties have executed this Amendment on the day and year first above written. CITY OF FRESNO, a Municipal Corporation SUBDIVIDER Public Works Department Patrick Wiemiller, Director LENNAR FRESNO, INC. a CaliforniaCorp ion By: Mike Miller, Vice President By: Scott Mozier, P.E., Assista4i Director APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: T � Kolluri-Barbick (Attach Notary Acknowledgments) Dep ty City Attorney Date: "I 2 CLERK'S CERTIFICATION State of California) County of Fresno ) On September 27, 2013, before me, Cindy Bruer, Deputy_City Clerk, personally appeared Scott Mozier, Assistant Director of the Public Works Department of the City of Fresno who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to be 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), acted, executed the instrument. I certify under PENALTY OR PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE SPENCE. CMC CITY CLERK, City of Fresno F FRFsya gye Deputy ° yM1. �'�rFo apt OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California ) County of Fresno) O before me, Christine Collins Notary Public personally appeared 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 paragraph is true and correct. WITNESS my hand and official seal. MCHRISTINE=OLLINS No Public Signature 9663CAUFOAUNTY �+.7,2015 ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date Number of Pages TYPE OF IDENTIFICATION [ ] Satisfactory Evidence — identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal Copyright© 1994, Ali Rights Reserved,California School of Notary Public,Inc.