1 Exhibit A
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Deputy City Clerk
DEFERRED IMPROVEMENT AGREEMENT
THIS DEFERRED IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into this __ day of June, 2023, by and between Gary Mohler and Amy Mohler, husband and wife as joint tenants (“OWNERS”) and the CITY OF RIPON, a Municipal Corporation (“City”). It is made with respect to certain real property (the “Property”) owned by Owner, located at 1265 Mohler Road, Ripon, CA 95366, and more particularly described in Exhibit “A”.
WITNESSETH
WHEREAS, Owner has previously filed an application for a Parcel Map (PM22-79) to subdivide a 17.79 acre parcel into two separate parcels comprised of a 0.64 acre parcel (the Existing Farmhouse”) and a 17.15 acre parcel for existing orchards and outbuildings (the “Agricultural Parcel”) collectively referred to as the (“Project”) which was approved by Ripon Planning Commission on or about December 19, 2022; and
WHEREAS, due to the Project’s proximity to the City of Ripon, Owner would ordinarily be required, as a condition of approval of the Project, to immediately dedicate land and construct certain public improvements and/or provide certain Guarantees for the benefit of the City of Ripon, 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, 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, Owner 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 Owner and City as follows:
1. General Owner agrees to comply with the Conditions of Approval for the Parcel Map, attached hereto as Exhibit “B”.
2 2. Improvements Upon execution of this Agreement, Owner shall execute and submit to the City of Ripon an Irrevocable Offer of Dedication of land needed for the eventual widening of Mohler Road and the construction of the Improvements as set forth in Exhibit “C”.
Without limiting the generality of the foregoing, Owner agrees to construct one half of an 82 foot major arterial street section along the frontage of the Existing Farm House parcel, as shown in City of Ripon Standard ST-9 including, but not necessarily limited to asphalt, aggregate base rock, curb, gutter, sidewalk, street lighting, landscaping, striping, median, sanitary sewer, storm drains, water lines, and all public utilities, including gas, electricity, telephone and cable, which may be required by City, in the sole discretion of the City Engineer, at such time as development of the Agricultural Parcel necessitates said Improvements (triggering event), but in no event later than December 31, 2035. In the discretion of the City Engineer, a five (5) year extension may be granted.
Owner agrees to prepare and submit “Improvement Plans” to the City Engineering Department for review, approval and signature prior to beginning construction. All improvements shall be in conformance with the current improvement Standards and Specifications of the City of Ripon; that is, those in effect at the time of construction. Owner agrees to construct and complete all required “Improvements” in accordance with the approved improvement plans. The contractor providing work shall obtain a City of Ripon issued Encroachment Permit prior to beginning construction.
Owner 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 on 3 mil Mylar film, double matte and an electronic version in AutoCAD and PDF formats.
3. Completion of Improvements In the event that Owner shall fail to complete any of the improvements enumerated above at such time as is set forth in Section 2, above, or fails to perform any of the work, or any part thereof in accordance with the provisions of this Agreement and/or other applicable Ordinances of the City of Ripon, or laws applying thereto, and the Plans therefore, the City, upon thirty (30) days prior written notice to Owner, shall have the immediate right to take over and complete the same, and shall have the further right to immediately call upon Owner to remit 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. At such time, Owner shall immediately become personally liable to City for any sums necessary to complete the Improvements, and shall immediately pay all such costs to City upon written demand made therefore by City.
4. Maintenance Bond Owner 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 twenty-five percent (25%) 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 Owner 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 Attorney. 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 Owner 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 3 Owner 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 Owner 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, 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 City therefore.
5. 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.
6. 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.
7. Recording Costs Owner shall pay for all costs of recording this Agreement with the San Joaquin County Recorder.
8. 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.
9. Insurance Owner agrees to provide the City evidence showing the City listed as an additional insured by its insurance carrier, the general contractor’s and sub-contractor’s insurance carriers.
11. Erosion Control Plan Owner shall incorporate an erosion control plan into the construction documents. This plan is to be a copy of the plan submitted to the State Water Resources Control Board as part of Owner’s Construction Activity Storm Water Permit.
12. Geotechnical Report Owner, at its sole expense, shall provide the City Engineering Department with a Geotechnical Report for the Improvements, in a form satisfactory to the City Engineer.
13. Boundary Encroachments Owner shall resolve any boundary encroachment problems prior to providing the right-of-way and PUE irrevocable offer of dedication, if applicable.
14. Air Pollution Permitting Owner acknowledges and agrees to comply, as applicable, with San Joaquin Valley Air Pollution Control District Rule 8021-Construction, Demolition, Excavation, Extraction and Other Earthmoving Activities, which requires the owner or operator of a construction project to submit a Dust Control Plan to the District if at any time the project involves:
Residential developments of ten or more acres of disturbed surface area, Non-residential developments of five or more acres of disturbed surface area, or Moving, depositing, or relocating of more than 2,500 cubic yards per day of bulk materials on at least three days of the project.
4 See Website for more details: www.valleyair.org
15. Joint Trench Utilities The joint trench shall include electric, gas, and telecommunications infrastructure. Owner shall submit the joint trench plans to the City Engineer for approval of an Encroachment Permit prior to installing the joint trench infrastructure in compliance with the City’s municipal code. Owner, at its sole expense, shall underground all overhead utilities along entire frontage of property, except power transmission facilities of a 35 KV or greater.
Underground distribution facilities for public utilities shall be located in a public right-of-way or public utility easement. (Development Title Section 9-1155.2). Owner shall coordinate these improvements with the necessary utility companies.
IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY”
CITY OF RIPON, a Municipal Corporation
By
Michael Restuccia Mayor
Attest
Lisa Roos City Clerk
“OWNERS”
By
By
Gary Mohler, Owner
Amy Mohler, Owner
5 ACKNOWLEDGEMENT
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)
ACKNOWLEDGEMENT
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)
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.
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. 6 ACKNOWLEDGEMENT
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)
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. 7 Exhibit “A”
Geometric description of land
That certain real property lying in the southwest quarter of Section 25, Township 2 South, Range 7 East, Mount Diablo Meridian described as follows:
Commencing at the south quarter corner of said Section 25; thence North 00°13'42" West on the north-south quarter section line, 1177.80 feet; thence leaving said quarter section line North 89°39'17" West, 20.00 feet to the west right-of-way line of Mohler Road and the Point of beginning; thence continuing North 89°39'17" West, 189.00 feet; thence South 00°13'42" East, 168.00 feet; thence South 89°39'17" East, 189.00 feet to said west right-of-way line of Mohler Road; thence North 00°13'42" West, 168.00 feet to the Point of beginning.
The above-described parcel being 0.73 acres more or less.
Current Assessment number a portion of 257-270-76
For deferred improvement agreement purposes only This geometric description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer of sale of the land described, until processed by the local agency of authority 8 Exhibit “B”
DEPARTMENTS OF PLANNING
and ECONOMIC DEVELOPMENT
Gary Mohler
1265 S Mohler Road
Ripon, CA 95366
January 3, 2023
Re: Tentative Parcel Map (PM22-79)
To whom it may concern:
The City of Ripon Planning Commission on December 19, 2022 took the following action on your application:
Motion to approve the Tentative Parcel Map (PM22-79) for Gary Mohler, based on the findings and subject to the conditions of the staff report.
RESULT: ADOPTED (UNANIMOUS)
MOVER: George Saljian, Commissioner
SECONDER: Steve Stevenson, Commissioner
AYES: Saljian, Stevenson, Van Essen
Findings:
1. Consistency Finding - The proposed subdivision is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
2. Design and Improvement Finding – The design and improvement of the proposed subdivision is consistent with the General Plan and any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
3. Type of Development finding - The site is physically suitable for the type of development proposed, which includes verification that any portion of the project used for habitable structures, is not in the 100 year flood plain.
4. Density of Development finding – The site is physically suitable for the proposed density of development.
5. Fish and Wildlife finding – Neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. Public Health Finding – The design of the subdivision or type of improvement is not likely to cause significant public health problems.
7. Access Finding - The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
City of Ripon
259 N. Wilma Avenue • Ripon, California 95366
Phone: 209 599-2108 • Fax: 209 599-2685
MAYOR
Michael Restuccia
VICE MAYOR
Leo Zuber
COUNCIL MEMBERS
Daniel de Graaf
Gary Barton
Dean Uecker
CITY ADMINISTRATOR/
CITY ENGINEER
Kevin Werner
CITY ATTORNEY
Thomas Terpstra
CITY CLERK/FINANCE DIRECTOR
Lisa Roos
DIRECTOR OF PLANNING &
ECONOMIC DEVELOPMENT
Ken Zuidervaart
DIRECTOR OF PUBLIC WORKS
James Pease
DIRECTOR OF RECREATION
Kye Stevens
9 8. Dedication Finding – Any land or improvements to be dedicated to the City is consistent with the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
9. Energy Finding – The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
Conditions of Approval:
Planning Department – Ken Zuidervaart (599-0222)
1. Resultant parcels shall meet all current applicable standards and regulations for the future proposed R1E (Single Family Residential Estate) district.
2. Proponent shall enter into a Deferred Improvement Agreement with the City of Ripon which shall stipulate the following:
a. An irrevocable offer of road dedication and PUE for the future ultimate width of Mohler Road. b. Timing of when the property will be required to connect to City water and sewer services, along with appropriate fees upon connection.
c. Timing of when curb, gutter, sidewalk and roadway improvements shall be required.
3. Proponent shall work with the City of Ripon Engineering Department to finalize the Parcel Map process (Parcel Map Process flow chart attached).
Environmental Analysis:
In accordance with the California Environmental Quality Act and the Guidelines, this project is Categorically Exempt, pursuant to CEQA Guidelines Section 15315.
Please proceed with the next step of the Parcel Map Process.
Sincerely,
Shelby DeHaven
Planning Department
Cc: Ken Zuidervaart, Director of Planning and Building
Engineering Department
Building Department
Ripon Fire Department
10 Exhibit “C”
Required improvements upon triggering event in the Deferred Improvement Agreement.
1. Dedication of sufficient right-of-way to facilitate construction of one-half of an 82 foot major arterial street section along the frontage of the Existing Farm House parcel, pursuant to City of Ripon Standard ST-9.
2. Dedication of a 10 foot P.U.E. (Public Utility Easement) along the frontage of the Existing Farm House parcel.
3. Design and installation of necessary conduit and infrastructure for joint trench, to include but not be limited to electric, gas and telecommunications. Such joint trench plans shall be submitted and approved by the City Engineer and owner shall coordinate these improvements with the necessary utility companies.
4. Design and installation of appropriate curb, gutter and sidewalk, including aggregate base rock and asphalt to facilitate construction of the full half-width of an 82 foot major arterial street section. Such improvements may include design and installation of necessary water, wastewater and storm drainage facilities across the frontage of the Existing Farm House parcel, including street lighting, fire hydrants, street striping and other improvements as required by the City Engineer. Such improvement plans shall be submitted to the City Engineer for review and approval prior to improvement installation.
5. Owner further agrees to abandon the existing well and septic system upon the triggering event and hook up to City water and sewer. At such time owner shall pay appropriate development fees for hooking up to water, sewer and storm.