RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
25t or Rima Avenue
Ripon, CA 95366
Attn: Deputy City Clerk
PROJECT IMPROVEMENT AGREEMENT
THIS PROJECT IMPROVEMENT AGREEMENT (the "Agreement") for the Parallel Avenue Self Storage Project is made and entered into in the City of Ripon, County of San Joaquin, State of California, this 12th day of April, 2022, by and between the CITY OF RIPON, a municipal corporation of the State of California, hereinafter called "City" and JKB LIVING, INC., hereinafter called "DEVELOPER" and "OWNER"
WITNESSETH
This Agreement is entered upon the basis of the following facts, understandings and intentions of the City and the Developer.
WHEREAS, On July 1, 2021, the Director of Planning, pursuant to Ripon Municipal Code Title 16, Chapter 16.72, approved the project with conditions (Planning Application #SR21-36) for an area located at 700 Parallel Avenue and identified as San Joaquin County Assessor's Parcels numbered 261-160-10 and 261-160-11 (the "Project Area") WHEREAS, Developer is required, as a condition of approval of the Major Site Review, to construct certain public improvements and/or provide certain Guarantees, in such form and amounts as are deemed sufficient by the City Engineer and the City Attorney of the City of Ripon to cover the cost of said improvements, as indicated in the Major Site Review, including maintenance thereof, and certain other Guarantees, all as required by the applicable Ordinances of the City, and as agreed upon by the parties to this Agreement; and WHEREAS, access to and utilities for the project, if necessary, will be provided from S Parallel Avenue which is a 50 foot right-of-way, and Reynolds Drive which is a 60 foot right-of- way.
WHEREAS, Developer recognizes its responsibility to comply with the Conditions of Approval and the provisions of such Ordinances and the other requirements of the City, and of any other governmental agency, the consent and approval of which may be required in connection with any of the work to be performed under this Agreement.
NOW, THEREFORE, IT IS AGREED by and between Developer and City as follows:
1 Installation of Improvements Developer agrees to prepare and submit "Improvement Plans" to the City Engineering Department for review, approval and signature prior to beginning construction. Developer agrees to construct and complete all required improvements for the Parallel Avenue Self Storage project (the "Improvements") all in accordance with the approved improvement plans.
Without limiting the generality of the foregoing, Developer agrees to comply with the Conditions of Approval of the Major Site Review 21-36 dated July 1, 2021, attached hereto as Exhibit "A".
These improvements are to be completed prior to final inspection approval from the City of Ripon Building Department.
2. Improvement Security Developer shall deposit simultaneously with the signing of this Agreement, a Faithful Performance Improvement Bond and a Labor and Material Bond, in the total amount of $165,704.55, each, and/or equivalent amount in cash, certified check, letter of credit, or other evidence of financing satisfactory to the City Attorney of the City of Ripon, to cover the estimated cost of the construction of and completion of improvements for those public y of the Citor those puched improvements specified in the improvement plans and accompanying cost estimate, attached hereto as Exhibit "B", and as approved by the Ripon City Engineer. Developer agrees that the granting by City of the Project Approval was properly conditioned upon the construction of and completion of certain improvements to Parallel Avenue, as approved by the Ripon City Engineer.
3. Use of Improvement Security In the event that Developer shall fail to complete any of the improvements enumerated above, or to complete any of the work, or any part thereof in accordance with the provisions of this Agreement, the Conditions of Approval of the Major Site Review Permit 21-36 dated July 1, 2021, and other applicable Ordinances of the City of Ripon, or laws applying thereto, and the Plans therefore, within two years of the date of this Agreement, the City, upon thirty (30) days prior written notice to Developer, shall have the immediate right to take over and complete the same, and shall have the further right to immediately call upon the guarantor, bank, or surety company of Developer for reimbursement of its costs, or to appropriate from the cash deposit or any other financial instrument made or given by Developer to City as a guarantee hereunder, sufficient monies for complete reimbursement to the City of any and all reasonable costs which may be incurred by City in connection with the completion of any of the improvements or agreements, as hereinabove set forth. Any excess of such cash or other deposits or bond over and above all costs incurred by the City to complete the same, shall be refundable to Developer, or any applicable guarantor, bank or surety company. If the total amount of such costs of improvements expended by City exceeds the amount of any such cash or other deposit or bond the Suhcash, previously posted by the Developer, the Developer and the Owner shall immediately become personally liable to City for any such additional sum, and shall immediately pay the excess cost to City upon written demand made therefore by City.
4. Maintenance Bond Developer shall deliver to City at the time of the final acceptance by City of any of the improvements, a maintenance bond or bonds, or other satisfactory form of security, in the amount of $41,426.13 which shall continue in force for a period of one (1) year after completion and final acceptance by City to guarantee City the satisfactory performance, functioning, and maintenance of the improvements constructed by Developer and accepted by City hereunder. The bond may be either in the form of a cash deposit, certified check, certificate of deposit, letter of credit payable to the City of Ripon, or other satisfactory evidence of financing, or a surety bond executed by a surety company authorized to transact business in the State of California and satisfactory in form to the City Council. Should any of the improvements constructed hereunder fail in any manner to properly function and perform, and require maintenance, repair, or rebuilding for any reason during the one (1) year period as set forth by the City Council for the continuance of the maintenance bond, and should Developer fail after thirty 2 (30) days' written notice by City to immediately remedy and repair any such malfunction or defect, City shall have the immediate right to correct the deficiency and call upon the surety for reimbursement for any of the costs expended by City to properly maintain, repair, or rebuild the improvements, or shall have the absolute right to appropriate from any cash or other deposits of Developer hereunder sufficient sums for reimbursement to the City of any costs which the City may have expended in connection with the repair or maintenance of any of the improvements.
Any excess of such cash or other deposits or bonds over all costs incurred by the City in connection with any repair, maintenance, or rebuilding shall be refunded to the Developer or any applicable guarantor, bank of Surety Company upon the expiration of the one (1) year period of maintenance as herein provided. If the total costs exceed the amount of such cash, deposits, or bonds, the Developer and the Owner shall become personally liable to the City for any such additional sum, and shall immediately pay such excess cost to City upon written demand by the City therefore.
Development Fees Developer further agrees to pay to City, simultaneously with the signing of this Agreement, the following development fees:
A Inspection Fee, payable to the City of Ripon (3% of Imp. Cost) $4,971.13 B Plan Checking Fee, payable to the City of Ripon (3% of Imp. Cost) $4,971.13 C Mapping/GIS Fee, payable to the City of Ripon (1% of Imp. Costs) $1,657.04 D Preparation of Project Improvement Agreement Fee $1,000.00 E PIA recording cost $85.00
F Benefit Assessment District Fee $146,871.65
Total Development Fees $159,555.95
Less Prior Payments (Ck#3039 dated 11-03-2021) -$1,000.00 TOTAL DEVELOPMENT FEES DUE $158,555.95
Please note that there may be other applicable fees such as storm water development permit fees, survey monument preservation fees, and/or building fees associated with the project that need to be paid separately at the time of each corresponding permit issuance. 3 City Inspection and Approval The construction of all Improvements hereunder are at all times subject to the inspection and final approval of the Ripon City Engineer or any other designated inspector of City, including the final inspection thereof, and their decision shall be conclusive as to the satisfactory completion of the improvements. In addition, in the implementation of this Agreement, any discharge by Developer of any storm drainage water into the Stanislaus River shall also be subject at all times to such further approval as may be required of any governmental agencies having jurisdiction over any such discharge.
Extensions No extension of time or release of surety bond, cash, or other deposit shall be made except upon a certification of the Ripon City Engineer or other designated engineer of work, that the work performed and covered by this Agreement and guaranteed by the Faithful Performance Improvements Bonds or any cash deposits required hereunder has been satisfactorily completed, approved, and finally accepted by the Ripon City Council.
Recording Costs Developer shall pay for all costs of recording this Agreement with the San Joaquin County Recorder.
9. Assignment It is agreed that, until completion of the required Improvements and final acceptance by City, Developer shall not have the right to transfer or assign this Agreement or to transfer or assign any right, title, and interest in any of the real property or the Improvements to be constructed thereon to any third person or persons, without first obtaining the prior written consent by City to any such transfer. In any event, no sales or transfer of interest in any of the lots included in the Parallel Avenue Self Storage Project shall occur until all improvements contemplated hereunder for inclusion in the Parallel Avenue Self Storage Project respectively shall have been first completed by Developer and accepted by City or Developer has received written consent from City to transfer said lots.
10. Attorney's Fees In the event it becomes necessary to enforce any of the provisions of this Agreement by Court action, the prevailing party shall be entitled to reasonable attorney's fees as may be awarded by a Court of competent jurisdiction.
11. Insurance Developer agrees to provide the City evidence showing the City listed as an additional insured by Developers insurance carrier, the general contractor's and sub- contractor's insurance carriers.
IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
"CITY" "DEVELOPER" and "OWNER"
CITY OF RIPON, a municipal corporation JKB Living, Inc. *By *By lena
Dean Uecker, Mayor es K. Brenda, President
Attest
Lisa Roos, City Clerk
* Signature(s) must be accompanied by an
attached notary acknowledgement
4 ACKNOWLEDGEMENT
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 Stanislaus
On April 5, 2022 _before me, _ Tara Tickenoff _ Notary Public personally appeared
he souves riend ton the bain saiator and ance beded person lah asg stame. executed the same in hiyher/their authorized capacity(ies), and that by his/her/their signature(g) 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.
TARA TICKENOFF
Notary Public • California
WITNESS my hand and official seal. Stanislaus County
Commission # 2371113
My Comm. Expires Aug 16, 2025
Signature Tara Tickerost (seal)
ACKNOWLEDGEMENT
1 notary public or other officer completing this certificate verifies only the identity of he individual who signed the document to which this certificate is attached, and no the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me, _ 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.
Signature (seal)
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