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HomeMy WebLinkAboutDenken Farms - Fire District Transition Fee Agmt.,. C.ak, omatopmN FIRE DISTRICT — TRANSITION FEE AGREEMENT BETWEEN DENREN FARMS AND CITY OF FRESNO THIS AGREEMENT is entered into. on July ], 2009, by and between DENKEN FARMS, L.P., a California limited partnership ("Owuen") end the CITY OF FRESNO ("City") and aphan that reel property subject to the Central-Ormtgc No. 4 armexamm fill with the Fresno Local Agency Formation Commission (hereinafter refereed to as the "Subject Property'). RECITALS A. On er about September 7. 2007, Comet] approved rezone ordinance number R- 07-34 (Subject Rezone), B. The Subject Rezone was required as a prerequisite to the Owners annexation application file i with Fresno Local Agency Formation Commission (LAFCo) under the amexatioe identified as:Central-Orange No 4 (Subject Annexation). C. The Subject Rezone requird mm the Owner pay the Fresno County Fire Protection District Fire Transition Fees (Subject Fees) before the Subject Rezone would become eDeetive. A true and correct copy of the Subject Rezone ordinance bill is attm:lsed as Exhibit "A" and is incorporated herdn. D. The Subject Annexation urdessrecorded will tcmunde on JWy9.2009. The Subject Annexation cannot he recuNed without the Subject Rezone becoming effective. E. City and the Fresno County Fire Protection District(Distrlct) have an agreement (City -District Agreement) drat provides for the obligation of the City to pay fire transition has to the District for a period of time after property detached from the District is turned to the City. The amount of the fa is established in the City -District Agreement. F. On or about, lune 10. 2009, the Owner paid the City approximately $10,000 m sarsty its Subject Fee obligations am the City's representation of the appropriate amount made the City -District Agreement. G. On or about, July 2,2009, the City notified the Owna that the City had miscalculated the Owner's obligations order the City.District Agreement. H. City ortl the Owne currently are in negotiations to resolve the difference in the City's original estimate of the Owner's Subject Fee obligation and the Owner's actual obligation under the City -District Agreement and the Subject Rezone. I. 'rhe City has a strong inrerext in the Subject Annexation being approved on the basis that, as it is plamnd and zoned for industrial use and meets the City's goals for industrial growth and its consistency with the 2003 City -County Memorandum of Understanding for industrial annexations. PAGEtoF4 1. The City and the Owner desire that the Subject.Amexauon m fioalod before it mundane; on July 9, 2009, AGREEMENT NOW, THEREFORE, in consideration of the foregoing Rcsdtals and the mutual covenants containd herein below, the parties agree as follows: 1. The c1tv aprees to the f R a. Final the Subject Rezone and make it tiff live. b- By the end Ofbuainess day on July ], 2009, deliver at] necessary documeots to LAFCn to allow LAFCo to record the Subject Annexations. c. Work in good both with the owner to amicably resolve the dispute related to Ne Subject Fee obiipmno. 3. Owners venae to N f uo a. not the City's agreement m final the Subject Rearm under paragraph I a. does not relieve the Owner of its obligation m pay the Subject Pecs under the Subject Rezone bill. b. Work in good bN with the City to amicably resolve the dispute related to the Subject Fee obligations. C. Satisfy its agreed to obligations by the and of business day on January 9,�pg 3. The City and Owners agree to me following_ 'naN® a. Timelines. Time is ofthe essence with mpe n to this Agreement. Failureto meet a timeline is considerd a maims] breach of this Agreement unlace accepted in writing by the non -breaching party, b. Waiver. The waiver by either party of a breach by the other of my provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of eii the some oradiffvord provision of Nis Agreement. Napmvisionsofthis Agreementmay he waived adess m writing and signed by all parties to this Agreement. Waiver of anyone provision herein shall not be deemed to be a waiver of any other provision herein. C. Covem'rne Lew and V _ This Agreement shall be govemd by. and mnswed and mforcedin accordance with, the laws of Ne Sure ofCaffomla, esubulm& however, any PAGE' OP 4 aonFlict of laws rule which would apply the law oParwNmjunsdiction. Vance for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shell he Fronto County. Cali£ rola d. He di ig . The section headings in this Agreement ate for convenience and reference only and shall not be construed or held in any way to expldn, modify or add to rhe interpretation or meaning of the provisions of this Agreement. Scvemb'I'tvry The provisions ofthis Agevment arc severable. The iavelidity,or tmmforceabiliry of my one provision m this Agreement shall not affect the other provisions. f Int tat ,The parties acknowledge tom this Agreement in its final form is the result of the combined affixes of the ponies and thm, should any provision of this Agreemeat be found to be ambiguous in any wag such ambiguity,shall not be resolved by constroing this Ag mar mt in favor of nr against either petty, but rather by consuming the terms in ancordetwo With their generally accepted meaning. g Amomev's Fe . If either party is required to commence any proceeding or legal action to enforce or interpret my term, cowman pr condition of Ina Agreement, the prevailing party in such proceeding or action shall be entitled b recover from the other party its reawwble aftomey's f and legal expanses. h. P lubii. Each exhibit and attachment refermmd in this Agreement is, by the reference, incorporated into and made a Pon of flus Agreement Prmedancc ofD ts. In the eventofmy conflict between the body ofthis Agreemmt and any Exhibit or Anachmmt here, thetmns and mnditions ofthe bodv of this Agreement shall control and take gecedmce over the turns and conditions expressed within the Exhibit or Anachment. Furthermore.any tems or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body ofthis Agreement shall be null and void. J. Cumulative Remedies. No mmedy or election hereunder shell be deemed exclusive but shdl, wherever possible, be cumulative with all other remediesat law or in equity. IL ExtamcfAincencent. Each party acknowledges that they have read and fully mderstandthecontents of thicggeement. This Agreementmpresmmteentiremdmtegated agreanem between the pazties with respect to the subject manerbereof and supersedes all an, negotiations, repmsrnutions or agreements, either written or oral. This Agreement maybe modified only by written instrument duly authorized and executed by both City and Owners. I. This Agreement may be executed in any number ofmpies by the Parties to this Agreement on sepamte cOmanrpans and will become etitive upon signature by A] panics upon one or more of such counterparts. U// PAGE30F4 IN WITNESS WHEREOF, the panics have executed this Ageanent on the date first above whiten and the sigtztones provide that they have authority to represent lh2v respective parties in this matter. CTC( OF FRESNO, a Municipal OWNERS Corporation DENKEN FAR SLP a C Limed Partn hip HOLD / Hata P,rn,tgnn Its: or of Planning and l Dpvelopmmt Approved] as to from: At P^ra 5 ,� 1C Phelan, •.- Scalar Deputy City AWmey K(TbNKGP br Ij0=N ATTEST: REBECCA E KLISCH CITY LERK BY L% Deputy W7/07 PAGE 4 OF 4 1141( �r Reconciling Requini by. City Clerk, Fresno, Cefflwnla No Fee-GON Code 6103 Return to City Clark, Fresno CRDI NANCE OF THE COUNCIL OF THE CITY OF FRESNO PROPOSED AND INITIATED BY MOVED BY stevlim SECONDED BY Oeoea BILL NO. 11-(52 ORDINANCE NO. 2007-61 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, MENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.5 INCLUSIVE, CHAPTER 12. OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, Rezone Application No. R-07-34 Me been fled by the Leland Pamagian on behalf of Gerken Farms, LP, property owner. Arm the City of Fresno to rezone property as described hereinbelow; and. WHEREAS, pursuanttotheprovisions OfArld 4, Chapter12,ofthe Fresno Munidpal Code(FMC) Fre Planning Commission of the City of Fresno held a public hearing on the 1116 day of July 2007, to consider Rezone Application No. R-07-34 and related Environmental Assessment No. R-07-34, during which Ne Commission recommended 10 Me Council of the City of Fresno approval of Ne subject environmental assessment and rezone application amending the Ci ys Zoning Ondinanoeon real pmpeny described hereinbelow from the AE -20 (El duslve TwenlyAcre Agrlcuttlaal, Fresno Coui and the AL -20 (Limited Twenty Acre Agnculfural, Fresno Couni zone districts to the M-31UGM (Heavy IndustdaUUrban Growth Management) zone district for 158 ayes and OIUGM (Open SpacwUndan Growth Management) zone disVict for 9 acres, and. yawae 7-3 I -^7 fsf�2 7.y.-7 Sj(--cl-n7-SeEsee. )4 ,2r""^]_ �� Ordinance Amending Official Zone Map Rezone Application No. R-07-34 July 31, 2007 Page 2 WHEREAS, the Council of Ne City of Fresno, on Me 31st day of July 2007, recall the recommendation of me Fresno City Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SEGTIONI. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, me adoption of the proposed reaching is in no best interest of the City of Fresno. The Council finds in accordance win Its own Independent judgment Nat more is no substantial evidence in the record that Ne rezoning may have a significant effect on me environment as identified by me Finding of Conbnnity to me 2025 Fresno General Plan Master Environmental Impact Report IMEIR) No. 10130 dated May 31, 2007, prepared for Environmental Assessment No. R-07-34. Accordingly. Environmental Assessment No R -07-M Is hereby approved. SECTION 2. The Council finds me requested M-3IUGM and Ol zone disttlds are consistent with the existing mavy industrial and open spacelponding basin planned land use designation of me Roosevelt Community Plan and the 2025 Fresno General Plan, as speci0ed In Sedlon 12-40J of dre Fresno Municipal Code. SECTIONS. The Council finds mat the zone district Of the reel property described hereinbelow, located in the City of Fresno and shown on the Official Zone Map of me City of Fresno, is reclassified from the AE -20 (Exclusive Twenty Acre Agncuttural. Fresno County) and the AL 20 (OMfed Twenty Aire Agdcudura( Fresno County) zone districts to the M-3NGM (Heavy IntlusviavUrdan Growth Management) zone dishan for 158 acres and OIUGM (Open Space/Uni Growth Management) zone district for 9 acres. From AE -20 to M-31UGM The land referred to herein is situated in the State of California, County of Fresno and Is resorbed as (allows: Ofdmance Attempting Official Zane Map Rezone Application No. R-07-34 July 31, 200] Page 3 APN: 33042043 The South half of the North half Of Ne Southwest Quarter less the East 204290 feet thereof, and Me North half of Me South half of Me Southwest Quarter, less Me East 2043.90 feet thereof or Section 26. Township 14 South, Range 20 East, Mount Diablo Base and Meridian. APN: 330-020418 The East 2042.90 feet of the south two -!hinds of the North three-quarters of Me Southwest Quarter of Section 26, Township 14 South, Range 20 East, Mount Diablo Base and Member, in Me unincorporated area. County of Fresno. State of California, as per Me Official Plat thereof. Together with Me East half of the Southeast Quarter of the Southwest Quench of Section 26. Township 14 South, Range 20 East, Mount Diablo Base and Meddian, in Me unincorporated area. County of Fresno, State of California, as per Me Official Plat thereof. EXcep0ng therefrom that portion thereof conveyed to the County of Fresno, by deed recorded March 22, 1973, in Book 6143, Page 304, of OMcel R,opi Instrument No 27433 APN: 330420335 Parcel B as shown on Lot Line Aclustrvenl Na. 1999-25 as evidenced by Document recorded April 25, 2000, as Instrument No 00.-05776 of Ofroof Records, being more Pari described as follows: A potion of Me East 1755.04 feelof Me Northwest Ouaderand of the North Quarter of the Southwest Quarterof Section 26, Township 14 South, Range 20 East. Mount Olal Base and Meridian, according to Me Official Plat thereof, described as follows: Commencing at the northeast corner If old Northwest Quarter, Men southerly, along the east line of said Northwest Quarter, a distance of 1924 feet, mare prices, to a po'mt On me Cenledine of North Central Canal No. 26, said point being the true point of beginning, thence westerly along said Centerline a distance of 1755.16 feet to a point on the west line of the East 1755.04 feet of said Northwest Quarter which lies 193127 feet southerly of Me northwest tamer thereof, thence southerly, along said west line and. Me west line of said North QUarterof the Southwest Quarter, a distance of 136155 feet to a paint an the south line of said North Quarter, thence ati terry, along said south fine, a distance of 1755.07 feet, to a paint on Me east line of said Southwest Counter: thence northerly, along the east line of said Soufwest Quarterand the east Imeof said Northwest Quarter, a distance of 1372.06 feet, to he true point of beginning. Ordinance Amending Official Zone Map Rezone Application No, R47-34 July 31, 20W Page 4 APN: 3304211 The South half of the Southwest Quarter of Me Southwest Quarterand the Southwest Quarter of the Southeast Quarter of Ne Southwest Quaderof Sector 26, Township 14 South, Range 20 Ell Mount Diablo Base and Meridian, according some United States Government Township Plats. Excepting me easterly 179.10 feet thereof, From AE 20 N O/UOM r 9 The land Offered to herein is situated in the State of Cali a, County of Fresno and is described as follows' APN: 330-020-32T The Southwest Quarter of the Southeast Quamor of Me Southwest Quarter of Section 26, Township 14 South, Range 20 East, Mount Diablo Base and Missouri. Together with the bastely 179 10 feel of the south half of Me Southwest Quarter of Me Southwest Quarter of said Section 26. Excepting therefrom Me southerly 68.00 feet Membf SECTION 4. This ordinancs shall become effective and in full forceand effect at 12:01 a.m. on the thimili day after its passage and upon annexation of Me subject property into the city of Fresno and upon payment of required fire district himsson fees. fill 111 111 CLERK'S CERTIFICATION STATE OF CALIFORNIA COUNTY OF FRESNO CITY OF FRESNO I, REBECCA E. KLISCH, City Clerk of the City of Fresno, call thal ste foregoing oNinance was adopted by the Councilof Nte Cily of Fresno. Callfomia, ata regular meeting held on be 31st day of July ,2007, by the follovnng vote'. Ayes: D1 hOun, Dages, Ouncan, Sterli,q, Mesteulund, XioR, Peres Noes: None Absent none AbstainNone - REBECCA E. KLISCH City Clerk By 42= i vCN�G APPRCyrEO AS TO FORM: JAMES C. SANCHEZ CityAtfome BY L Jahn W. Fox Deputy City Attorney Date Roel ApplicaEnn No. RV} -3q Filet by Leland Pamagian Avessor ParW Nos, 330-020.03, Oft 235, 31. 32T