RECORDING REQUESTED BY AND SPACE BELOW FOR RECORDER'S USE WHEN RECORDED MAIL TO:
tity of Ripon
PROJECT IMPROVEMENT AGREEMENT
THIS PROJECT IMPROVEMENT AGREEMENT (the "Agreement") for the Avid Candlewood Suites is made and entered into in the City of Ripon, County of San Joaquin, State of California, this 9th day of May, 2023, by and between the CITY OF RIPON, a municipal corporation of the State of California, hereinafter called "City" and RIPON HOSPITALITY, 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 October 20, 2022, the Director of Planning, pursuant to Ripon Municipal Code Title 16, Chapter 16.72, approved the project with conditions (Planning Application #UP22- 61) for an area located at 1499 N. Jack Tone Road and identified as San Joaquin County Assessor's Parcels numbered 228-110-27 (the "Project Area")
WHEREAS, Developer is required, as a condition of approval of the Conditional Use Permit, 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 Conditional Use Permit, 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 Jack Tone Road which is a 140 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 an ther governmental agency, the consent and approval of which may be required in connection witl any of the work to be performed under this Agreement.
NOW, THEREFORE, IT IS AGREED by and between Developer and City as follows:
Project Improvement Agreement
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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 Avid Candlewood Suites (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 Conditional Use Permit 22-61 dated October 20, 2022, 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 $187,524.75 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 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 1499 N. Jack Tone Road, 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 Conditional Use Permit 22-61 dated October 20, 2022, 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 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 $46,881.19 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 Project Improvement Agreement
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maintenance bond, and should Developer fail after thirty (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.
5. 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) $5,625.74 B Plan Checking Fee, payable to the City of Ripon (3% of Imp. Cost) $5,625.74 C Mapping/GIS Fee, payable to the City of Ripon (1% of Imp. Costs) $1,875.25 D Preparation of Project Improvement Agreement Fee $1,000.00 E PIA recording cost $125.00
Total Development Fees $14,251.73
Less Prior Payments (Ck#1059 dated 1/31/23) -$1,000.00
TOTAL DEVELOPMENT FEES DUE $13,251.73
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.
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.
Project Improvement Agreement
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7. 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.
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 Avid Candlewood Suites shall occur until all improvements contemplated hereunder for inclusion in the Avid Candlewood Suites 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.
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 RIPON HOSPITALITY *By *By al three
Michael Restuccia, Mayor Sueton
Attest
Lisa Roos, City Clerk
* Signature(s) must be accompanied by an
attached notary acknowledgement
Projcct Improvement Agreement
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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 Calitovua
County of _ VANS AUS
on April 19, 4023 before me, Annis Arambula , Notary Public personally appeared Rupindex Dhillon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (isare subscribed to the within instrument and acknowledged to me that he she they executed the same in histher/their authorized capacity(ies), and that by his/her/their signature(o) on the instrument the personts), or the entity upon behalf of which the persoa(3) 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.
ALONZO ARAMBULA
Notary Public - California
WITNESS my hand and offieial seal. Stanislaus Count)
Commission # 2366406
My Comm. Expires Jul 19, 2025
Signature (seal)
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
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)
Project Improvement Agreement
Avid Candlewood Suites
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EXHIBIT A
MAYOR
Dean Uecker
VICE MAYOR
City of Ripon Michael Restucci
COUNCIL MEMBERS
CITY OF RIPON 259 N. Wilma Avenue • Ripon, California 95366 •eo Zuber aniel de Graay
Phone: 209 599-2108 • Fax: 209 599-2685 ary Bartor
corporated 1gto TY ADMINISTRATO
CITY ENGINEER
Kevin Werne
TY ATTORNE
DEPARTMENTS OF PLANNING
and ECONOMIC DEVELOPMENT
October 20, 2022 Ken Zuidervaa
[RECTOR OF PUBLIC WORI
Raj Dhillon DRACO OF CREATON
Manteca Hospitality, Inc.
28214 Leaf Drive
Tracy, CA 95394
David Burkett
Red Inc Architects
1217 J Street
Modesto, CA 95354
Re: Conditional Use Permit (UP22-61) - Avid Candlewood Suites - 1499 N Jack Tone Road The City of Ripon Planning Commission on October 17, 2022 took the following action on your application:
Motion to approve the Manteca Hospitality, Inc. Conditional Use Permit (UP22-61) based on the findings and subject to the conditions in the staff report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: George Saljian, Commissioner
SECONDER: Dave Collins, Commissioner
AYES: Saljian, Stevenson, West, Van Essen, Collins
Findings:
1. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Purpose Plan, and any other applicable plan adopted by the City.
2. Adequate utilities, roadway improvements, sanitation, water supply, drainage and other necessary facilities have been provided and the proposed improvements are properly related to existing and proposed roadways.
3. The site is physically suitable for the type of development and for the intensity of development.
4. Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare or be injurious to the property or improvements of adjacent properties.
5. The use is compatible with adjoining land uses.
The use is consistent with the zone district in which it is located Conditions:
Building Department - Todd Hatch (209-599-0284)
1. Demolition, construction and placement of all structures on the site will be as approved and in compliance with all applicable building, electrical and plumbing codes, and that any changes to the plans, as approved, will be re-submitted to the Planning Department for additional review and approval.
2. Proponents shall submit appropriate building plans and obtain all necessary building permits for any and all construction on site.
3. Proponent shall provide and install all necessary water meters and backflow prevention devices per City of Ripon Standard Specifications and Standard Details.
4. Proponent shall be required to provide an ADA path of travel from the facility to the public right-of-way.
Engineering Department - Christiana Giedd (209-599-0236)
5. Proponent shall enter into a Project Improvement Agreement (PIA) with the City of Kipon Engineering Department. The PIA will incorporate all right-of-way and public tility and access easements, improvement security, plan check and oversight fces. including general items required by the City. The PIA shall be in place prior to improvement plan review.
6. Proponent shall submit all site improvement plans to the City Engineering Department for review and approval prior to starting the work. All improvements shall be constructed to the latest City of Ripon Standards and City Master Plans in effect at the time of construction plan approval. The General Contractor shall obtain an encroachment permit through the Engineering Department prior to starting any work within the City right-of- way and pay associated fees.
7. Detailed landscape and irrigation plans for on-site landscape improvements shall be submitted to the City Engineer, Public Works Director, and Director of Planning for review and approval. Landscaping and irrigation shall comply with the provisions of Ripon Municipal Code Chapter 13.06 (Water Efficient Landscape), where applicable, a non-potable service will be required. Upon availability of non-potable water on North Jack Tone Road across the property frontage and written notification by the City of Ripon, applicant shall within 120 days switch their landscaping water connection to the non-potable water system. The applicant shall obtain an encroachment permit through the Engineering Department prior to starting any work within the City right-of-way for such modification.
8. Proponent shall develop the site in accordance with the current version of the City of Ripon Storm Water Development Standards and submit the necessary documentation to the Engineering Department. The City will charge associated fees for each Post- Construction Storm Water Development Standards review.
Link to Storm Water Development Standards, bottom right hand side of page:
http://www.cityofripon.org/city_hall/departments/engineering Media filters are not allowed in the City and shall not be installed. Drywells are not allowed within San Joaquin County limits.
9. Contractor performing work shall complete and submit an Erosion and Sediment Control Plan to the Engineering Department prior to beginning the work unless required to complete a Storm Water Pollution Prevention Plan per the Contractor General Permit with the State.
10. Proponent shall comply with the City Survey Monument Preservation Policy.
11. Proponent shall replace any curb, gutter, sidewalk and/or associated handicap ramps if necessary that are damaged, cracked or lifted along the perimeter of the site that may have occurred during construction or existed prior to construction at the discretion of the City Engineer.
12. Proponent shall be responsible for the following off-site/on-site improvements as approved by the City Engineer:
a. Proponent shall dedicate a 10'-0" PUE along the property frontage of North Jack Tone Road as necessary and as approved by the City Engineer. b. Proponent shall install a left turn pocket and necessary striping along N. Jack Tone Road for access to their site. Left turn pocket shall be designed, signed and striped for passenger vehicle access only (no trucks). Such improvements shall be as approved by the City Engineer.
c. Proponent shall install a Type II slurry seal for any and all work being performed in the right-of-way across the projects property frontage. Such slurry plan shall be submitted and approved by the City Engineer.
• Proponent shall install landscaping and improvements in the median on N. Jack Tone Road between Colony Road and Santos Avenue. Such landscaping improvements shall be submitted to the City Engineer and Public Works Director for review and approval.
e. Proponent shall provide access to the City of Ripon's park-and-ride lot and signage as approved by the City Engineer.
13. Proponent shall prepare and deliver a copy of the record drawings to the City Engineer prior to final acceptance of the improvements. The drawings will be an electronic version in AutoCAD and PDF formats.
14. Proponent shall design and construct a trash enclosure in accordance with City of Ripon Standard Specifications and Standard Details and shall be required to be covered with a roof structure to comply with storm water requirements. Such trash enclosure shall be designed to match the architecture of the main building on-site. Proponent shall provide a detailed plan for the trash enclosure to the Engineering Department and Planning Department for review and approval.
Planning Department - Ken Zuidervaart (209-599-0222)
15. Any signage for the facility shall be under separate permit and in compliance with local sign regulations.
16. That the Use Permit shall expire in eighteen months if not used for the approved use and in compliance with conditions specified by the Commission.
17. That the off-street parking facility shall comply with local regulations (i.e. number of stalls, circulation system, access driveways, size of stalls, lighting, landscaping, etc.) a. Driveway entrance to the site shall be constructed in accordance with City Standards.
b. Handicap stalls shall be provided pursuant to ADA regulations. c. Bike stalls shall be provided as required by local regulations.
18. Applicant acknowledges and agrees that the project contains suites potentially used as an "Extended Stay Hotel" ', which, for purposes of this Condition, is defined as "a hotel in which provisions for cooking are made in individual rooms or suites, and in which guests can stay for more than 30 days, but less than 180 days". Under no circumstances shall the project, or any portion thereof, be utilized, sold, leased or otherwise conveyed for the purpose of providing temporary or permanent shelter for persons without charge, or at substantially reduced or subsidized rent. Rather, the sole use for which the project shall be approved is an "Extended Stay Hotel," as defined herein. Violation of this condition of approval is cause for immediate revocation of the project's Use Permit.
19. Proponent shall provide a reciprocal access easement through their parking lot for access to the City of Ripon's park-and-ride lot at the southeast area of their parcel. Such recorded access easement shall be submitted and approved by the Director of Planning.
Ripon Police Department - Ed Ormonde (209-599-0259)
20. Proponent shall provide a detailed lighting plan to the Chief of Police and the Planning Department for review and approval. Plan shall depict adequate lighting around the outside of the facility and site for security purposes. The lighting plan shall also include appropriate shielding as necessary in order to comply with the Ripon Municipal Code Chapter 16.156 pertaining to Lighting and Glare.
21. Proponent shall stripe and sign the driveway for right-out turn movements only as approved by the Chief of Police.
Ripon Consolidated Fire District - Dennis Bitters (209-599-4209)
22. That the proponent shall comply with the standard conditions of the Ripon Consolidated Fire District, including but not limited to providing 'knox box' facilities (grand master keyed for all facilities), on-site hydrants, fire sprinklers for the buildings with an OSY assembly, separate control room for sprinkler controls, eight inch crash bollards, etc.
23. Proponent shall provide appropriate access to the roof of the structure for public safety purposes. Such access shall be as approved by the Ripon Consolidated Fire Chief.
24. Proponent shall provide an AED (Automated External Defibrillator) on every floor and located around the entrance of the swimming pool facility.
25. Proponent shall provide in-service emergency evacuation training on the elevators.
Miscellaneous
26. Proponent shall comply with the requested conditions as necessary in the attached letter dated September 2, 2022 from the San Joaquin Valley Air Pollution Control District.
27. Proponent shall comply with the requested conditions as necessary in the attached letter dated September 5, 2022 from Pacific Gas and Electric Company.
28. Proponent shall comply with the requested conditions as necessary in the attached letter
29. Proponent shall comply with the requested conditions as necessary in the attached letter dated August 18, 2022 from the San Joaquin County Environmental Health Department.
30. Proponent shall comply with the requested conditions as necessary in the attached letter dated October 11, 2022 from the Modesto Irrigation District.
Cc: Ken Zuidervaart, Director of Planning and Building
Kevin Werner City Engineer
Ed Ormonde, Police Chief
Dennis Bitters, Fire Chief
Todd Hatch, Building Official
EXHIBIT B
Engineer's Opinion of Probable Cost
This Project Location, CA
3/6/2023
The quantities and prices shown below were created by specific direction from the City of Ripon and were protested by MCR Engineering as an innaccurate representation of the proposed work at the time of this estimate was created.
Item Description Quantity Unit Cost Total
A. Site Preparation
1. Mobilization 1 LS $ 5,000.00 5,000.00
2. Curb Removal 400 LF $ 10.00 EA 69 4,000.00
3. Finish Grade 1 LS $ 2,000.00 $ 2,000.00
SUBTOTAL $ 9,000.00
C. Sanitary Sewer
1. 6" Sewer (PVC) 92 LF $ 40.00 $ 3,680.00
2. 48" Sanitary Sewer Manhole 1 EA $ 5,000.00 $ 5,000.00 SUBTOTAL $ 8.680.00
D. Water System
1. 8" Water (DR-14) 54 LF $ 40.00 $ 2,160.00
2. Connect to Existing Water 1 EA 2,500.00 $ 2,500.00
3. 3" Backflow & Meter EA 5,000.00 $ 5,000.00
4. 1" Backflow & Meter EA 2,500.00 $ 2,500.00
5. 8" Double Check Dector Check Valve & FDC EA 12,000.00 $ 12,000.00
6. 8" Gate Valve EA 1,900.00 $ 1,900.00
SUBTOTAL $ 26.060.00
E. Non-Potable Water System
1. 2" Water 81 LF $ 20.00 $ 1,620.00
SUBTOTAL $ 1,620.00
F. Concrete
1. 8" Median Curb 286 LF $ 18.00 $ 5,148.00
2. Valley Gutter 36 LF $ 27.00 $
972.00
SUBTOTAL $ 6,120.00
G. Paving
7. Type I! Slurry Seal 3,600 SF $ 2.00 $ 7,200.00
2. 3.0" AC / 5.0" AB (T1=5.5) 2,800 SF $ 7.90 $
22,120.00
SUBTOTAL $ 29,320.00
H. Electroliers, Signage & Striping
1. Striping & Signage 1 LS $ 5,000.00 $ 5,000.00
SUBTOTAL $ 5,000.00
J. Miscellaneous
1. Landscaping Streetscape 4,951 SF $ 15.00 $ 74,265.00
2. Erosion Control (During Construction) 1 LS $ 2,000.00 $ 2,000.00
SUBTOTAL $ 76,265.00
TOTAL $ 163,065.00
15% Contingency $ 24,459.75
GRAND TOTAL 187,524,75
ENGINEERING
1242 DUPONT COUR • MANTECA. CALIFORNIA 95336 • TEL: 209.239.6229 • FAX: 209 239.8839 Page 1 of 1