PLAN CHECK FEE AGREEMENT
THIS PLAN CHECK FEE AGREEMENT (the "Agreement") for the PEREIRA SUBDIVISION is made and entered into in the City of Ripon, County of San Joaquin, State of California, this _ day of , 2025, ("Effective Date") 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".
RECITALS
This Agreement is entered upon the basis of the following facts, understandings and intentions of the City and the Developer.
WHEREAS, On March 10, 2020, the Ripon City Council, pursuant to Ripon Municipal Code Title 16, Chapters 16.48, 16.68, 16.60 and 16.96, approved the project with conditions (Planning Application #A19-01, #Z19-01, #DA19-01 & #S19-01) for an area located at 22898 N.
Ripon Road and 22874 N. Ripon Road, Ripon, CA and identified as San Joaquin County Assessor's Parcels numbered 261-210-08 & 261-210-09 (the "Project Area"); WHEREAS, Developer is required, as a condition of approval of the Development Agreement, to construct all required improvements for the Periera Subdivision ("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 Development Agreement, 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;
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;
WHEREAS, prior to construction, Developer is required to secure approval from the City Engineering Department for all plans pertaining to the Improvements, which must comply with the Conditions of Approval of the Development Agreement DA19-01 dated April 14, 2020 and the conditions of the approved Tentative Subdivision Map #S19-01; WHEREAS, Developer desires, and City is willing, to enter into a Subdivision Improvement Agreement for the project, by which Developer will, among other matters, provide for the construction of the Improvements in exchange for the City's recordation of a Final Map for the project;
WHEREAS, Developer is currently working to secure financing to provide such Guarantees and Improvements that are required by the Conditions of Approval and will be required by the Subdivision Improvement Agreement, but has not yet secured said financing; Plan Check Fee Agreement Page
Pereira Subdivision
WHEREAS, Developer has requested that City staff begin reviewing the improvement plans for the Improvements before securing financing for the project; and WHEREAS, Developer is willing to pay City's plan checking costs for its review of the improvement plans before a Subdivision Improvement Agreement is finalized.
NOW, THEREFORE IT IS AGREED by and between Developer and City as follows:
1. Term. This Agreement shall terminate upon the earlier of the following: one (I) year following the Effective Date, or upon the execution of a Subdivision Improvement Agreement for the Project Area that provides for the completion of or security for the Improvements.
2. Plan Submittal. Developer agrees to prepare and submit "Improvement Plans" to the City Engineering Department for review and conditional approval. Developer agrees to construct and complete all required improvements for the Pereira Subdivision all in accordance with the improvement plans as approved in writing by the Ripon City Engineer. Without limiting the generality of the foregoing, Developer agrees all Improvements on the Improvement Plans shall designed to comply with the Conditions of Approval of the Development Agreement DA19-01 dated April 14, 2020 and the conditions of the approved Tentative Subdivision Map #S19-01.
3. Nonrefundable Plan Check Fee. Developer agrees to pay the City, simultaneously with the signing of this Agreement, the Plan Check Fee of $136,733 that equates to 3 percent of improvement costs. City shall not review any plans until the Plan Check Fee has been paid in full. Developer agrees that the Plan Check Fee is nonrefundable and assumes the risks inherent with the City reviewing the Improvement Plans before Developer executes a Subdivision Improvement Agreement with the City. Developer hereby waives any and all rights to bring legal action against the City for reimbursement of all or any portion of the Plan Check Fee.
4. City Review and Conditional Approval. City agrees to review the Improvement Plans, provide comments, and once all comments have been addressed to the satisfaction of the City Engineer, provide a conditional approval. City's final approval of the Improvement Plans shall be expressly contingent upon the parties entering into a Subdivision Improvement Agreement in substantially in the form of the Draft Subdivision Improvement Agreement attached hereto as "Exhibit A" and incorporated herein. Upon Developer's submission of satisfactory plans and upon the approval and execution of the Subdivision Improvement Agreement by Developer and the Ripon City Council, the City Engineer will issue final approval to Improvement Plans by signing the approved plans.
5. Assignment 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 on which the Improvements are to be constructed to any third person or persons, without first obtaining the Plan CH Page 2 of 3
Subdivision
prior written consent by City to any such transfer, which consent may be withheld or conditioned in the absolute discretion of City.
6. Attorney's Fees. In the event it becomes necessary to enforce any of the provisions of the 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.
7. Survival. Developer's covenants in Section 3 of this Agreement shall survive the expiration or other termination of this Agreement.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto.
9. Severability. If a court of competent jurisdiction holds any Agreement clause to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision. To that end, this Agreement shall be construed as not containing such clause and the provisions of this Agreement are declared to be severable.
10. No Promise or Representation. Developer and City agree that nothing in this Agreement is to be construed as a representation, promise, or commitment on the part of City to give special treatment to, or exercise its discretion favorably for, the Project or Developer.
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
*By
Daniel de Graaf, Mayor ames Brenda, President
Attest
Lisa Roos, City Clerk
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