HomeMy WebLinkAboutPM 2002-17 - Agreement/Covenant - 8/11/2006 fi
CONFORMED
COPY
When Recorded Mail To:
City Clerk 0612512003,20030145389
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department
P.W. File No. 5494-0217
PARCEL MAP AGREEMENT No. 2002-17
THIS AGREEMENT is made this lS-e day of ,2003, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as"City,"and,
Guy Stockbridge Family Limited Partnership, a Nevada Limited Partnership, 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:
Parcel A , Parcel B and Outlot "A°, of Parcel Map No. 2002-17 as recorded in
Book of Parcel Maps at Page(s) , Fresno County Records.
r ,
Parcel Map Agreement No. 2002-17
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.2002-17 dated October 31,2002 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
November 11, 2004, whichever occurs first, unless prior to this date of performance an
extension of time is approved by the Public Works Director.
Parcel Map Agreement No. 2002-17
Page 3
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 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.
Parcel Map Agreement No. 2002-17
Page 4
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 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.
Parcel Map Agreement No. 2002-17
Page 5
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 total fees and charges are more particularly itemized in
Exhibit B, attached hereto and made a part of this Agreement.
7. 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.
8. 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.
Parcel Map Agreement No. 2002-17
Page 6
9. 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.
10. 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.
Parcel Map Agreement No. 2002-17
Page 7
11. Subdivider shall comply with the provisions of the prevailing Building,
Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City.
12. 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.
13. 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.
14. 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 No. 2002-17
Page 8
15. 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 thereafterfail 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.
Parcel Map Agreement No. 2002-17
Page 9
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.
16. 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.
17. 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.
18. 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.
19. 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.
H
Parcel Map Agreement No. 2002-17
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Jon R. Ruiz, Director Guy Stockbridge Family Limited Partnership
Public Works Department a Nevada Limited Partnership
By 4 1� ) By: Guy Stockbridge Family, LLC
Michael T. Kim as General Partner
Assistant Director
Public Works Department
Guy Stockbridge , Manager
APPROVED AS TO FORM: (Attach Notary Acknowledgments)
HILDA CANTO MONTO
City Attorney
Subdivider's Mailing Address:
By
Deputy
City of Fresno Mailing Address:
Public Works Director
Public Works Department
2600 Fresno Street.
Fresno, CA 93721-3615
( e-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of �QQ�p
On41,01 cW9 before me,
i Name and Title of Officer(e.g.,"Jane Doe,Notary PubUrM
personally appeared CU 6Cl
Name(&I of Signer(s)
personally known to me -OR- ❑ 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
JILL L JOHNSON signature(s) on the instrument the person(s), or the entity upon
V. COMM.#138M m behalf of which the person(s) acted, executed the instrument.
W NOWY P&Mk-Ca fornla in
FRESNO COUNTY +
My CWft Exp.Nov a 2006 1 WITNESS rn ha andofficial eal.
Ja_�_
Signature otary Public
_---_ -----_-----------OPTI AL--------------------------------------
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.
Description of Attached Document
Title or Type of Document: f J4_17dj
Document Date: Number of P ges:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ��y StoC dye Signer's Name:
o —
B"'Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
-
ElGuardian or Conservator . ElGuardian or Conservator . -
❑ Other: Top of Thumb here ❑ Other: To of Thumb here
Signer Is Representing: Signer Is Representing:
C�uU S�ockbr�da e FFarni (.Q4, LLQ
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On June 20,2003,before me, Elvia Sommerville,Deputy City Clerk,personally appeared,
M.T. Kirn,Assistant Public Works Director, known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s)whose name(s)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(s) the person(s), or the
entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL/SCH
CITY CLERK
a•
sy
Deputy
FORM PM Agreement v3/3/2003
by:JB/3/3/2003
EXHIBIT A Parcel Map Agreement No. 2002-17
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
DESCRIPTION QUANTITY UNIT I UNIT COST UNIT EXTENSION
Sewer Main Extension 0 Lin Ft $0.00 /Lin Ft $0.00
Sewer Housebranch 2 Each $3,500.00 /Each $7,000.00
Water Main Extension 100 Lin Ft $22.00 /Lin Ft $2 200.00
Water Service 2 Each $1,350.00 /Each $2,700.00
Fire Hydyrant 1 Each $200.00 /Each $200.00
Concrete Curb&Gutter 275 Lin Ft $15.00 /Lin Ft $4,125.00
Roadway Excavation 1 Each $5,700.00 Each $5,700.00
Permanent Pavement 5650 Sq Ft $2.20 /Sq Ft $12,430.00
SUB-TOTAL3 0
10% CONTINGENCY* 3,000.
FINAL COST ESTIMATE* $37 000.00
*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 shalt be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $35 200
5% of amount shall be in cash or a Certificate of Deposit $1,9001
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 $18,5001
C. WARRANTY SECURITY(due as condition of acceptance of the work)**
5% of first$50,000 of the Final Cost Estimate $1,900
3% of next$50,000 $0
1% of next$400,000 $0
0.5% of amount over$500,000 $0
Minimum Amount $1,900
FORM PM Agreement EXHIBIT A v3-3-00 By: Date: Printed 03/03/03 11:41:17 AM Page 1 of 1
EXHIBIT B Parcel Map Agreement No. 2002-17
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
DO Residential(I5-gallon)Street Trees @ $129.00 per Tree na na (Al)
(Al) Street Tree fees will be payable at the time of development of each
parcel unless otherwise determined by the Park Division.
2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director -nal
3. IRRIGATION PIPELINE(one-time maintenance fee)
DO Lineal Feet @ $5.00 per LF na nal
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
0.6509 Gross Acres
0.6509 Net Acres
0.6509 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
2 Units(residential)
R-1-C Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CW FMFCD Drainage Area
0.6511 Acres per FMFCD (81 $2060 per Acre $1 341.00
Local Drainage Fee 1 $1, $1 341.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge 15-301 E77 $0.00
(b)Oversize Sewer Charge
Oversize Sewer Charge $0.00
(c)Trunk Sewer Charge
Hemdon Trunk Sewer Service Area
DUnits ® 5496.00 per Unit $992.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e Sewer Ca 1city Enhancement Charge
na Trunk Sewer Service Area r�
2 Units @ $0.00 per Unit 1 $0.00
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie')
Estimated Deposit(FMC 14-1114)
(b1)Service Connection Charges
Services and Meters to be paid for and Installed at the time of Building Permit Issuance.
(c)Frontage Charge
Frontage Charge $0.00 $0.00
FORM PM Agreement EXHIBIT B v3r3100 By Dale: Printed 02/21103 9:03:44 AM Pape 1 of 3
r
EXHIBIT B Parcel Map Agreement No. 2002-17
NET AMOUNT
EXTENSION DUE
(d Fire Brent Charge
27 300 SF;residential zoning @ 50.75 per 100 SF 04. 204.
(e)Transmission Grid Main Charge
A UGM Reimbursement Area
0.6509 Net Acres @ 5700.00 per Net Ac $455.63
Less EstimatedTGM Construction Credits 50.00
Transmission Grid Main Charge 1 $4.55.631 $455.63
( Transmission Grid Main Bond Debt Service Charge
0.6509 Net Acres @ $304.00 per Net Ac $197.87
Less EstimatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1 $197.87 $197.87
(q)UGM Water Supply Fee
101s Supply Well Service Area
2 Living Units(residential) @ 5397.00 per Unit 5794.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 94. 0 $794.00
(h)Well Head Treatment Fee
101 Well Head Treatment Service Area
2 Living Units(residential) @ $0.00 per Unit
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $0.00 $0.00
(i)Recharge Fee
101 I Recharge Service Area
2 Living Units(residential) @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee $0.00
(! 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
21 Living Units(residential) @ $895.00 per Unit S1 790.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee 1 11,7 $1,790.
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�TATI to FEE
13 Fire Station Service Area
0.6509 Gross Acres @ $251.00 per Gr Acre $163.38 $163.38
(b UG�BORHOOD PARK FEE
1 Neighborhood Park Service Area
0.6509 Gross Acres @ 5485.00 per Gr Acre $315.69 315.69
(c)UGM MAJOR STREET CHARGE
A Major Street Zone
0.6509 Adjusted Gross Acres @ $2 150.00 per AG Ac $1 399.44
Less Estimated Major Street Charge Construction Credits
Major Street Charge 1 $1.3; $1,399.441
FORM PM Agreement EXHIBIT 8 x/3/9100 By: Dale: Printed 02/21/03 9:03:44 AM Page 2 or 3
EXHIBIT B Parcel Map Agreement No. 2002-17
NET AMOUNT
EXTENSION DUE
(dJ UGM MAJOR STREET BRIDGE CHARGE
A Major Street Bridge Zone
0.6509 Adjusted Gross Acres @ $20.00 per AG Ac $13.02
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1 .0 $13.02
(e)UGM TRAFFIC SIGNAL CHARGE
0.6509 Adjusted Gross Acres @ $860.00 per AG Ac $559.77
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $559.771 $559.77
(111 UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
0.6509 Adjusted Gross Acres @ $0.00 per AG Ac
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 0.0 $0.00
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
0.6509 Adjusted Gross Acres @ $0.00 per AG Ac
Less Trunk Sewer Fee Credits
Trunk Sewer Fee
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
0.6509 Adjusted Gross Acres @ $0.00 per AG Ac
5. POLICE SUBSTATION FEE Informational Only This Fee Due NRth Issuance of Building Permits
Northeast Fresno Service Area
�=J Residential Living Units @ $85.00 per Unit
Total Impact Fees&Charges $8,226.55 $8,226.55
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES
TOTAL(B) IMPACT FEES&CHARGES $8,226,551
TOTAL FEES and CHARGES DUE WITH PARCEL MAP AGREEMENT cash $8,226.55
FORM PM Agreement EXHIBIT B v3/3100 By. Date: Printed 02/21/03 9:03:44 AM Page 3 of 3
City of Fresno
Security Deposit Form
To: Finance Department- Accounting Division
From: Elizabeth Ponce - Public Works Department
X CD Passbook Other
Deposited At: United States Fidelity and Guaranty Company,
Certificate/Acct. No: SW3170
Deposit Amount: $18,500.00 Maturity Date:
Depositor: Name: Stockbridge Development, Inc.
Address: 10680 White Rock Rd Suite 400,Rancho Cordova, CA 95670
Street City/State Zip
Job Address: PM 2002-17
-,/,
Received By: Elizabeth nee� Public Works Engineering Date: July 30, 2003
Authorization to Release
Signature Date
Release To: Name:
Address:
Street city/State Zip
R
t
r
r i
Bond Number: SW3170
Premium:*Included in conjunction
with Performance Elond
$UBDIVIDER'S PAYMENT
(Parcel Map Agreement)
WHEREAS, the City Council of the City of Ff6sno, State of California, and
sTOCIMIDM DEVELOPMENT, INC. (hereinafter
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
Apri 1 1 ' , 20 03 and
Identified as project Parcel Nap Agreement No. 2002-17, Parcel A, Parcel B and Outlot "A"
Is hereby referred to and made a part hereof, and,
WHEREAS, undet the terms of said agreement, principal is.required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City
of Fresno to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE,said principal and the undersigned as corporate surety,are held
firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material
men and other persons employed in the performance of the aforesaid agreement and referred
to In the aforesaid Code of Civil Procedure in the sum of
******EIGHTEEN THOUSAND FIVE HUNDRED AND nol100****** dollars
($ **18,500.00** ), for materials furnished or labor thereon of any kind, or for amounts due
the Unemployment insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount herein above set forth,and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of said agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
� f
Premium: $704.00
FAITHFUL PERF0.RI'1IIANCE.BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
STOCKBRIDGE DEVELOPMENT, INC. (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, -which said agreement, dated
April 1 20 03 and !
identified as project Parcel Map Agreement No. 2002-17, Parcel A, Parcel B and Outlot "A" f
Is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnlsh a
bond for the faithful performance of said agreement.
1
NOW, THEREFORE, we, the principal and UNITED STATES FIDELITY AND GUARANTY COWANYas
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of ***THIRTY TWO THOUSAND FIVE HUNDRED AND no/100**** ;
dollars ($ ****32,500.00**** ) lawful money of the United States, for the payment
of which sum well and truly be made,we bind ourselves,our heirs, successors, executors and
administrators, jointly and severalty, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or it's
heirs, executors, administrators,successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect. l
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
City of Fresno
Security Deposit Form
To: Finance Department -Accounting Division
From: Elizabeth Ponce - Public Works Department
X CD Passbook Other
Deposited At: United States Fidelity and Guaranty Company,
Certificate/Acct. No: SW3170
Deposit Amount: $32,500.00 Maturity Date:
Depositor: Name: Stockbridge Development, Inc.
Address: 10680 White Rock Rd Suite 400,Rancho Cordova, CA 95670
Street City/State Zip
Job Address: PM 2002-17
.� -A Z
Received By: Elizabeth once Public Works Engineering Date: July 30, 2003
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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