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HomeMy WebLinkAboutPM 2000-18 - Agreement/Covenant - 8/11/2006 CONFORMED COPY When Recorded Mail To: CITY OF FRESNO @6/18/1@@1, C?ELOPMENT DEPARUiENT 10020100470 2600 FRESNO STREET FRESNO CA 93721-3GO1 NO FEE-GOVERNMENT CODE 6103 CITY of FRESNO Public Works Department P.W. File No. 5494-2000-18 PARCEL MAP AGREEMENT No. 2000 - 18 THIS AGREEMENT is made this /O'er day of Jaw- , 2002, by and between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, Prickett Realty Company, a California Corporation and American Transfer Co., a Califomia Corporation, P. 0. Box 1226, Fresno, California, 93715, hereinafter referred to as "Subdivider"without regard for number or Gender. RECITALS A. The Subdivider has filed with the City, a Parcel Map which 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 through D, inclusive, of Parcel Map No. 2000 - 18 as recorded in Book_Q_of Parcel Maps at Page(s) ��Q , Fresno County Records. c Parcel Map Agreement No. 2000 - 18 Page 2 B. The City requires, as a condition precedent to the acceptance and approval of said Parcel Map, the dedication of streets, highways, public places and-easements as are delineated on the Parcel Map, and deems such dedications as necessary for the public use; and, requires the construction of improvements of the streets delineated on the Parcel Map. C. Section 12-1206 of the Fresno Municipal Code requires the Subdivider to either construct or enter into an Agreement whereby Subdivider agrees to perform and complete the work and improvements required as Conditions of Approval for Tentative Parcel Map No. 2000 - 18 dated February 23, 2001 issued by the City and any amendments thereto (hereinafter referred to as Conditions of Approval and incorporated into this agreement by this reference), in consideration of the approval of the Parcel Map for recording. AGREEMENT In consideration of the approval of said Parcel Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and City, and the Subdivider and City do hereby mutually agree as follows: 1. The Subdivider shall perform the work and improvements at the time a permit or other grant of approval for development of the parcel is issued by the City or before March 31, 2003, 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 C Parcel Map Agreement No. 2000 - 18 Page 3 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 Subdivider. The work shall be performed and inspected under a Street Work Permit issued by 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. Subdivider's 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 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 Parcel Map Agreement No. 2000 - 18 Page 4 and all applicable charges shall apply. C. Sanitary sewer extensions and services shalt 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 Exhibit A, attached hereto and made a part of this Agreement. 5. Prior to the approval of the Parcel Map by the City, 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. 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. 6. Prior to the approval of the Parcel Map by the City, the Subdivider shall pay to the City and/or execute a covenant to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due as a condition of Parcel Map approval. The Subdivider shall pay sewer and water connection charges Parcel Map Agreement No. 2000 - 18 Page 5 required to be paid as a condition of approval of the Tentative Parcel Map. Such fees shall be due and payable at the time of development of each parcel, excepting those certain impact fees due with this agreement. The total fees and charges are more particularly itemized in Exhibit B, attached hereto and made a part of this Agreement. 7. Subdivider has paid to the City of Fresno, in accordance with Article 13, Chapter 13 of the Fresno Municipal Code, the required fee to defray the costs of constructing planned local drainage facilities for the removal of surface and storm waters from the subdivision. 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 Parcel Map Agreement No. 2000 - 18 Page 6 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 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 Parcel Map Agreement No. 2000 - 18 Page 7 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 Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer 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 Parcel Map Agreement No. 2000 - 18 Page 8 Subdivider before bonds are released or final acceptance of the work and improvements. 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 Parcel Map Agreement No. 2000 - 18 Page 9 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 improvements in accordance 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 written consent of the City. III Parcel Map Agreement No. 2000 - 18 Page 10 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation PRICKETT REALTY COMPANY a California Company By Mark I. Williamson, P.E., Director Public Works Department BY W " I Pamela Dixon, President AMERICAN TRANSFER CO. APPROVED AS TO FORM: a California Corporation HILDA CANTO MONTOY City Attorne y. By Pamela Dixon, President Deputy (Attach Notary Acknowledgments) Subdivider's Mailing Address: City of Fresno Mailing Address: American Transfer Co. Public Works Director P. 0. Box 1226, Public Works Department Fresno, California 93715 2600 Fresno Street. Fresno, CA 93721-3615 Date: March 8, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /I ss. County of , before me, )juao na L 6��P_w6e oatJ �Nacre and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared (�m&A, Zx�n Name(s)of Signer(s) ❑ ersonally known tome eved to me on the basis of satisfactory evidence to be the person whose name6d is/it< subscribed to the within instrument and acknowledged to me thatWshe/t*executed the same in Wlier/tWr authorized capacity(><, and that by tX' /her/tP<ir signatureW on the instrument the personK, or WANNA L OTCHMM the entity upon behalf of which the person(' acted, executed the instrument. WIT m hand and offici I se F*#*%^x1rWT%Z1WMAPr&W Y . Place Notary Seal Above FSig atu f ary I OPT NAL 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: Document Date: Number of Pages: i Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual ' i. Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: ©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 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On June 11 , 2002 before me, Cindy Hamby personally appeared Mark I. Williamson personally 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 C. DEPUTY FINAL PM 2000- 18 Agreement v3/32000 r EXHIBIT A Parcel Map Agreement No. 2000 - 18 A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS 17 ESTIMATED I ESTIMATED DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION Street Lights (Type E-2) 1 Each $2 500.00 /Each $2500.00 Street Lights (Type E-2 on PoI4 3 Each $1,200.00 /Each I $3 600.00 Sewer Housebranch4 Each $1 000.00 /Each $4,00050 Sewer Main Extension (""") 0 Lin Ft $0.00 /Un Ft $0.00 Water Main Extension (AA") 0 Lin Ft $0.00 /Lin Ft I $0.00 Concrete Curb&Gutter 0 Lin Ft 1 .00I'/Lin Ft $0.00 Concrete Sidewalk/Approach 0 Sq Ft $0.00 /Sq Ft $0.00 Permanent Pavement 0 Sq Ft $0.00 /Sq Ft $0.00 SUB-TOTAL 10% CONTINGENCY* $1,000.01P FINAL COST ESTIMATE' $11,000. A 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 $10 450 5% of amount shall be in cash or a Certificate of Deposit $550 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 $5 500 C. WARRANTY SECURITY(due as condition of acceptance of the work AA 5%of first$50,000 of the Final Cost Estimate $600 3% of next$50,000 $0 1% of next$400,000 $0 0.5% of amount over$500,000 $0 Minimum Amount 1 $600 FORM PM Agreement EXHIBIT A X3-00 By:Louis Rocha Printed 03/08/02 4:09:45 PM Page 1 of 1