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HomeMy WebLinkAboutPM 2000-09 - Agreement/Covenant - 8/11/2006 When Recorded Mail To: 03/15/2001,20010034401 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE - GOVERNMENT CODE 6103 CITY of FRESNO Public Works Department PW File No. 5494 APN 453-051-06 SUBDIVISION AGREEMENT (Parcel Map 2000-09) THIS AGREEMENT is made this��day of L I E2C , 2001, by and between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, Neighborhood Opportunities for Affordable Housing, Project 1 ( hereinafter referred to as "Subdivider"without regard for number or gender). RECITALS A. The Subdivider has filed with the City a residential parcel map, assigned City application number Parcel Map 2000-09 (hereinafter referred to as the "Project'). The Project is relatively minor in scope, creating 4 parcels and requiring relatively minor public improvements. B. The Project proposes the subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno, State of California, dividing the real property more particularly described as follows: Parcels A, B, C and D of Parcel Map 2000-09 as recorded in Book of Parcel Maps at Page(s) Fresno County Records. C. The Subdivision Map Act, Section 66462, provides that, if, at the time of approval of the final map by the legislative body, any public improvements required by the tentative map have not been completed and accepted, the legislative body, as a condition precedent to the approval of the final map, shall require the subdivider to enter a legally Parcel Map Agreement 2000-09 Page 2 binding improvement agreement in which the subdivider commits to making the improvements and posting adequate performance securities. Fresno Municipal Code Section 12-1208 also authorizes improvement agreements for parcel maps for which tentative maps were approved. D. The City therefore requires, as a condition precedent to the acceptance and approval of the parcel map for the Project, that an improvement agreement be entered into to secure the construction of streets and other improvements as are delineated on the parcel map and specified in the Conditions of Approval for Vesting Tentative Parcel Map No. 2000-09 dated June 16, 2000 (hereinafter referred to as "Conditions of Approval°), which are on file in the City of Fresno, Development Department and incorporated herein by reference and made a part of this Agreement. AGREEMENT In consideration of the approval of the Project and recording of Parcel Map 2000-09 as provided and required by law, and the Subdivider and City do hereby mutually agree as follows: 1. The Subdivider shall perform the work and improvements at the time a building permit or other grant of approval for development of the parcel is issued by the City or before March 1, 2002, whichever occurs first, unless prior to this date of performance an extension of time is approved by the Public Works Director. 2. Prior to the commencement of the work, the Subdivider shall submit engineered construction plans to the City Engineer for review and approval. The cost to prepare and process such plans, and the inspection of such work, shall be the responsibility of the --.,SuWivider..-.he.v .shall be performed and inspected under a Street Work Permit p4by:, the Public Works Department pursuant to such approved construction plans,. 3. All of the work and improvements and materials shall be performed, installed, and provided in accordance with the City of Fresno Standard Specifications, adopted September 11, 1984 by Resolution No. 84-361 and any amendments thereto, hereinafter referred to as the "Standard Specifications,"which are incorporated herein as though set forth in full. All of said work and improvements shall also comply with the requirements of Chapter 12, Articles 10 and 12 of the Fresno Municipal Code. In situations where there are no Standard Specifications for an item of work, it is agreed that such work shall be performed in accordance with the standards and specifications of the State of California, Department of Transportation as determined by the City Engineer. 4. The work and improvements are stipulated in the Conditions of Approval and include the following: a. All utility systems shall be installed underground. Subdividers attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522. The Subdivider shall construct a complete underground Parcel Map Agreement 2000-09 Page 3 street light system as approved by the Traffic Engineer prior to final acceptance of the parcel map. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 78-522 and shall be approved by the City Engineer. b. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. C. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. d. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. e. The improvements are more particularly itemized in the Exhibit A and B, attached hereto and made a part of this agreement. 5. The Project is a completely publicly financed affordable housing project being developed by a nonprofit corporation. The City acknowledges that, due to applicable Federal and State regulations, monies are not at the time of final map approval available to Subdivider to use for adequate performance security as required under the Map Act and the Municipal Code. Entitlements, including subdivisions, must first have been approved before project monies can issue. Therefore, in order to accommodate this unique situation, no City permits authorizing construction of any of the residential structures envisioned herein and improvements required in connection with the Project shall be issued, until each of the following three (3) conditions precedent have been satisfied: a. The Fresno City Council approves an agreement between the Subdivider ^'"gid-CityTestablishing-a Home Investment Partnership Program to - 3a. develop the Project. b. Monies envisioned to be transferred to the Subdivider under the Home Investment Partnership Program agreement have been released to the Subdivider. C. Adequate security as required under the Map Act, the Municipal Code, and herein has been posted. 6. BONDS AND SECURITY. To satisfy the terms of Item 5.c. of this agreement, the Subdivider shall furnish to the City the following securities in the amounts itemized in said Exhibit A. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. Parcel Map Agreement 2000-09 Page 4 a. Performance Security. Total amount to equal 100% of the Final Cost Estimate to be conditioned upon the faithful performance of this agreement. i. 95% of the Final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the Final Cost Estimate shall be in cash or a certificate of deposit. b. Payment Security. Total amount to equal 50% of the Final Cost Estimate to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials, or equipment to them for said improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. 7. The Subdivider is required to pay certain water connection charges and sewer connections as more particularly itemized in the Conditions of Approval. Such connection charges are due and shall be payable at time of issuance of building permits for each parcel. 8. Upon acceptance of the required work by the City Engineer, a warranty security shall be furnished to or retained by City in the minimum amount identified in said Exhibit A, for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a certificate of deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 9. The Subdivider and his contractor and subcontractors shall pay for any materials, provisions, provender, and other supplies or terms used in, upon, for, or about the performance of the work contracted to be done and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California with respect to such work or labor and shall file with City pursuant to Section 3800 of the Labor Code a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction. 10. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend and save the City harmless from and against any and all personal injuries to and deaths of persons and property damage, and all claims demands, costs, loss, damage, and Parcel Map Agreement 2000-09 Page 5 liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work and improvements to be done in and upon the street rights-of-way in the subdivision or upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, liability, loss, damage, howsoever caused, either directly or indirectly made or suffered by the Subdivider, or his agents, employees and subcontractors, in connection with the work and improvements required by this Agreement. The Subdivider further agrees that the use for any purpose and by any person of any of the streets, work or improvements specified in or required by this Agreement or the Parcel Map, shall be at the sole and exclusive risk of the Subdivider at all times prior to the final acceptance of the work and improvements by the City. 11. Initial compaction and soil tests of street, sewer, and other work within the public right-of-way shall be ordered by and paid for by City. Sewer and utility trench tests shall be taken in varying locations and depths as required by the City Engineer. Compaction tests failing to meet City's requirements shall be recorded by City from the same testing laboratory. Billing for the required retests shall be made directly to the Subdivider or his agent for payment. Compaction test for water facilities installed by City shall be paid for by City. 12. Subdivider shall comply with the provisions of the prevailing Building, Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City be placed in the position of making decisions that are the responsibility of the . utxiivi ,aH,1urther be the responsibility of the Subdivider to give the City. : written notice not less than two (2)working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer and accepted. 15. Any damage to the sewer system, concrete work, or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before bonds are released or final acceptance of the work and improvements. Parcel Map Agreement 2000-09 Page 6 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced until the paving of the streets are completed. "Adequate dust control' as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or oiling. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within 14 calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 17. The Subdivider shall install--,all=street*nprove, ents-inaccordance with Section 12-1206 of the Municipal Code of the City of Fresno, the City of Fresno Standard Specifications, and the approved construction plans. 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, shall be completed in the streets and alleys before starting the street and alley surfacing. 19. Time is of the essence of this Agreement. The provisions contained in this Agreement are intended by the parties to run with the land, and the same shall bind and inure to the benefit of the parties hereto, their heirs, successors in interest, and assigns. 20. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the Parcel Map Agreement 2000-09 Page 7 written consent of the City. The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Neighborhood Opportunities for Affordable Housing, Project 1 By IT44110 By: Mark I Williamson, Director Rodge E. Crowley, resident Public Works Department B APPROVED AS TO FORM: Frank Johnso xecutive Director HILDA CANTO TOY City Attor (Attach Notary Acknowledgments) By Deputy Subdivider's-Mailing Address: City of Fresno Mailing Address: Public Works Director NOAH, Project 1 Public Works Department 1713 Tulare Street, Suite 131 2600 Fresno Street. Fresno, CA 93721 Fresno, CA 93721-3615 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l State of California ss. County of Fresno i On February 21, 2001 , before me, Pam Rodrigues, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Frank Johnson*** �. Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,si whose name(w) (Dare subscribed to the within instrument and acknowledged to me thatee she/they executed the same in her/their authorized capacity(iot), and that by 0her/their *,MY PAY RODRIGUES signature(X) on the instrument the person(t), or QColor.rt291" 00 the entity upon behalf of which the person(A) NOTARY PIBUC-CALIFORNIA M mPRINCIPAL OFFICE ttJM acted, executed the instrument. mFRESNO CO�U{N�TYM �/���Exp.1wW�fL,L11N'I WITNESS my hand and official seal. r�— Place Notary Seal Above Signature of Notary P61blic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: Subdivision Agreement (Parcel Man 2000-09) Docum Date.:- . Number of Pages: l ,,,.... Signer(s)Other Tha amed Above: i Capacity(ies) Claimed by ' ner Signer's Name: ❑ Individual s i Top of thumb here ❑ Corporate Officer—Title(s): >< ❑ Partner—>Fact Gener ❑ Attorney in ❑ Trustee ❑ Guardian r ❑ Other: ils resenting: ©1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l' I State of California County of Fresno ss. I� I I I I On , before me, Linda K. Baker Notary Public , ate Name and Title of Officer(e.g.,'Jane Doe,Notary Public) personally appeared Rodger E. Crowley Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence , + i to be th pers (s) whose na s) iia are subscribed to the within instrument and oo LINDA K. BAKER acknowledged to me th I�she/they executed ` the same in h�her/their authorized COMM. #1196101 ►- NOTARY PUBLIC•CALIFORNIA 0 ca ies), and that by(Sm- ter/their FRESNO COUNTY signatur )on the instrument t erso s , or My Comm.Expires Sept. 12,2002 the entity upon behalf of which th perso s) acted, executed the instrument. ITN S my hand and offi ial seal. I I' Place Notary Seal Above nature of Notary Public I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descrip i .,of Attached Document Title or Type of document: Document Date: \ -- Number of Pages: Signer(s) Other Than Named Abob . Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual . Top of thumb here Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact I Trustee 1-1 Guardian or Conservator Ll Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 Parcel Map Agreement 2000-09 Page S CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On 2,fyk 2001 before me, .TDCEL.IIVE (_. ERE7-r D 6 P -r personally appeared meat S v W P n on hersonally known to me (or provided to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By imp- P-LI'Lp OEPUC Development Department Land Division &Engineering NOAH PM 2000-09 Agreement 2/12/2001 EXHIBIT A Parcel Map Agreement No. 2000-09 A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS ESTIMATED ESTIMATED [DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION Lot Grading 4 Each $2 000.00 /Each $8,000.0 Temporary Ponding 4 j Each 1 $1,000.00 /Each $4,000.00 Block Wall 390 Lin Ft $30.00 /Lin Ft $11 700.00 Sewer Housebranch 4 Each $500.00 /Each $2,000.00 Temporary Ponding 4 Each $1,000.00 /Each $4,000.00 Driveway Approach 4 Each $310.00 /Each $1,240.00 Concrete Curb&Gutter 275 Lin Ft $6.60 /Lin Ft $1,815.00 Concrete Sidewalk 1150 Sq Ft $1.80 /Sq Ft $2,070.00 Permanent Pavement 1150 Sq Ft $1.20 /Sq Ft $1,380.00 SUBTOTAL 36 .00 10%CONTINGENCY* $4,000.00 FINAL COST ESTIMATE* $40,000.00 *Amounts rounded to nearest$1000 The work and improvements, quantities and costs are estimates. The actual extent of the work and improvements shall be established by the construction plans approved by the City Engineer. B. IMPROVEMENT SECURITY REQUIREMENTS (due with parcel map agreement) **Amounts rounded to nearest$100 Performance Security (100% of Final Cost Estimate)** 95% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $38,000 5% of amount shall be in cash or a Certificate of Deposit $2,000 Payment Security (50%of Final Cost Estimate)** 100% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $20,000 C. WARRANTY SECURITY(due as condition of acceptance of the work "" 5% of first$50,000 of the Final Cost Estimate $2,000 3% of next$50,000 $0 1% of next$400,000 $0 0.5% of amount over$500,000 $0 Minimum Amount �— $2,000 EXHIBIT B Parcel Map Agreement No. 2000-09 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES I.STREET TREES r7777=m Residential(15-gallon)Street Trees 0 F—J-12-9-0-0 I per Tres 516.00 1 $516.00 1 1 1 B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 1. LOCAL DRAINAGE FEES FMFCD Drainage Area ................. Os5 Vii: AcmPar FMFCD per Acre146 .00 F FM CD Drainage Area M 07+861:€Aces per FMFCD a F��PwAcre F s 1.3-817.66 1 ............ FMFCD Drainage Area ::.0A856 Acres per FMFCD per Acre $1 379.00 FMFCD Drainage Area ..... W 0 AS ;I Acres per FMFCD per Acre ....... Local Drainage Fee 1 SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES P'��*i $54 TOTAL(13) IMPACT FEES&CHARGES I ITOTAL FEES and CHARGES DUE WITH PARCEL MAP AGREEMENT(cash) 11111;10101t('1:8i1. FORM PM Agreement EXHIBIT B vV3100 By, Date: Printed 02/16101 8:50:28 AM Page 1 of 1