REPORT TO THE CITY COUNCIL FROM: SCOTT MOZIER, PE, Director Public Works Department BY: HARMANJIT DHALIWAL, PE, Assistant Director Public Works Department, High-Speed Rail and Special Projects Division SUBJECT ..Title Approve an Infrastructure Reimbursement Agreement between the City of Fresno and Fancher Creek Town Center, LLC, in the amount not to exceed $3,500,000 for the construction of certain public improvements associated with the Fancher Creek Town Center Project. (Council District 5) ..Body RECOMMENDATION Staff recommends that the City Council approve an Infrastructure Reimbursement Agreement between the City of Fresno and Fancher Creek Town Center, LLC for the construction of certain public improvements associated with the Fancher Creek Town Center Project as required by the Development Agreement between the City of Fresno and Fancher Creek Properties, LLC. EXECUTIVE SUMMARY The City of Fresno (City) entered into a Development Agreement with Fancher Creek Properties, LLC the sole member of Fancher Creek Town Center, LLC (Developer) in July 21, 2010. The Developer is responsible for financing the construction of all public improvements and will only receive reimbursements or credits from the City for certain public improvements to the extent they are expressly provided in Exhibit F of the Development Agreement. The Development Agreement requires the developer to construct certain public improvements including dual southbound left turn lanes at the intersection of Clovis Avenue and Tulare Street (Signal) and trail improvements along both Clovis Avenue and Tulare Street (Trail). The Development Agreement also allows the Developer to receive dollar-for-dollar credit for eligible costs for a park construction (Park). Staff recommends that the City Council approve an Infrastructure Reimbursement Agreement for the construction of the signal, trail, and park improvements. BACKGROUND The Fancher Creek Town Center Project was described as a mixed use, master-planned project that includes residential communities, a town center, retail, and a village center with senior housing, a business park, and park space in the Development Agreement entered into between the City and Developer on July 21, 2010. The Development Agreement requires the developer to construct certain public improvements including dual left turn lanes at the intersection of Clovis Avenue and Tulare Street (Signal) and trail improvements along both Clovis Avenue and Tulare Street (Trail). The Development Agreement also allows the Developer to receive dollar-for-dollar credit for eligible costs for a park dedication and construction (Park). The attached Infrastructure Reimbursement Agreement is consistent with the requirements of the Development Agreement dated July 21, 2010. The Developer has submitted cost estimates for the improvements and park dedication and the Public Works Department and PARCS Department have reviewed and approved the cost estimate and agree that the costs are consistent with current market conditions. The Developer will be dedicating park space and constructing improvements for the Signal, Trail, and Park in accordance with City standards and inspection. The Park improvements have also been reviewed and approved by the PARCS Director as required in the Development Agreement. The City has previously entered into an Infrastructure Reimbursement Agreement with the Developer for the construction of certain sewer improvements on August 19, 2021. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines (CEQA) Section 15378, this item is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because this item does not include a bid or award of a construction or services contract. FISCAL IMPACT The Fancher Creek Town Center is located in Council District 5. Approval of the Infrastructure Reimbursement Agreement will not have any impact on the City's General Fund. The reimbursement for the traffic signal improvements will be funded from the Traffic Signal Impact Fee fund. The reimbursement for the trail improvements, park dedication and construction will be funded through the Quimby Parkland Dedication and Citywide Park Facility Impact Fee funds. Attachments: Location Map Infrastructure Reimbursement Agreement