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HomeMy WebLinkAboutPM 2003-18 - Agreement/Covenant - 8/11/2006 When Recorded Mail To: IIII III III I III II IIII I III I IIII III III I IIII I III I IIII City Clerk FRESNO County Recorder City of Fresno Robert C. Werner 2600 Fresno Street DOC— 2004-0076529 Fresno, CA 93721-3603 Acct 1-Financial Title company Thursday, APR 08, 2004 08:00:00 {c) Tt l Pd $0.00 Nbr-0001442115 NO FEE-GOVERNMENT CODE 6103 r g r/R 7/1-16 and 27383 CITY of FRESNO Public Works Department P.W. File No. 5494-0318 PARCEL MAP AGREEMENT NO. 2003-18 T Parcel Map Agreement No. 2003-18 Page 2 THIS AGREEMENT is made this 26 t4- day of t-A A V-ck ,2004,by and between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, Tom Collins, CPA, Trustee, The Knapp Residence Trust dated September 4, 1997 as to Parcel 1, Billie Balliet Knapp, Successor Trustee, The Franklin Knapp Family Trust, Trust A, an irrevocable Trust, under declaration of Trust, dated May 9, 1991, Restated February 19, 1998 and as amended May 11, 2000 as to Parcel 1, 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, of Parcel Map No. 2003-18 as recorded in Book�of Parcel Maps at Page(s)� Fresno County Records. B. The City requires, as a condition precedent to the acceptance and approval of said Parcel Map, the approval of an amendment to create 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. 03-18 dated September 16, 2003 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. V Parcel Map Agreement No. 2003-18 Page 3 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 1, 2005, 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 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 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, hereinafter referred to as the "Public Works Standards," 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 Public Works Standards 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. Parcel Map Agreement No. 2003-18 Page 4 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. 78-522. The Subdivider shall construct a complete underground street light system as approved by the City 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 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. 2003-18 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 pursuant to FMC Section 12-4.604, 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. 2003-18 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. 2003-18 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. 1 Parcel Map Agreement No. 2003-18 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 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. ■ Parcel Map Agreement No. 2003-18 Page 9 16. The Subdivider shall install all street improvements in accordance with Section 12-1206 of the Municipal Code of the City of Fresno, the Public Works Standards, 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. r� • Parcel Map Agreement No. 2003-18 Page 10 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Tom Collins, CPA, Trustee, Jon R. Ruiz, Director The Knapp Residence Trust Public Works Department dated September 4, 1997 B /6� Michael T. Kim, Assistant Director Tom Collins �},A13& Billie Balliet Knapp, Successor Trustee, h Franklin Knapp Family Trust, Trust A, {- an irrevocable Trust, under declaration APPROVED AS TO FORM: of Trust, dated May 9, 1991, Restated February 19, 1998 and HILDA CANTO MONTOY me ded May 1, 2000 City Att rney .Lel? illi Balliet Kn pp / BY ep y Subdivider's Mailing Address: Billie Balliet Knapp 1640 West Alluvial Avenue Fresno, CA 93711 City of Fresno Mailing Address: (Attach Notary Acknowledgments) Public Works Director Public Works Department 2600 Fresno Street. Fresno, CA 93721-3615 V STATE OF CALIFORNIA COUNTY OF FRESNO } S.S. On February 19,2004 before me, M.Correa a Notary Public in and for said County and State,personally appeared Tom Collins and Billie Balliet Knapp M.CORREA ,— � `°�` Comm.a 1371251 personally known to me (or proved to me on the basis of satisfactory m NOTARY PUBLIC-CALIFORNIA evidence)to be the person(s)whose name(s)is/are subscribed to the FRESNO COUNTY within instrument and acknowledged to me that he/she/they executed IFOA MY COMM.EXPIRES AUG 20.2006 the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s),acted,executed the instrument. WITNESS my hand and official seal. Signature (This area for official notorial seal) nonyack rev.(010698) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On March 26, 2004 , 2004 before me, Elvia Sommervi11P personally Michael T. KiM, Assistant appeared Pub i;c jobrk- Director 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, CMC CITY CLERK By Qc2cc�c� 'r 2�u�2 CIZ DEPUTY FORM PM Agreement vg-22-03 by: JeffB Feb 02, 2004 � t �6 ' . EXHIBIT A Parcel Map Agreement No. 2003-98 A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS ESTIMATED ESTIMATED DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION Exist. Improvement Removal 11 Lump Sum $1,190.00 /Each $1,1 91020 Utility Pole Relocation 11 Each $5,000.00 1/Each $5,000.00 Concrete Sidewalk 619D Sq Ft $2.20 /Sq Ft $1,361.80 Concrete Drive Approach 2 Each $450.00 /Each $900.00 Permanent Pavement 3481 Sq Ft $2.00 /Sq Ft $6,962.00 Concrete Curb& Gutter 276 in Ft $8.00 /Lin Ft $2,208.00 Residential Sewer Service 1 Each $3,850.00 /Each $3,850.00 SUB-TOTAL 21,471.80 10% CONTINGENCY' 2,000.00 FINAL COST ESTIMATE' $23,000.00 "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 $21,900 5% of amount shall be in cash or a Certificate of Deposit $1,200 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 $11,500 C. WARRANTY SECURITY(due as condition of acceptance of the work) 5% of first $50,000 of the Final Cost Estimate $1,200 3% of next $50,000 $0 1% of next$400,000 $0 0.5% of amount over$500,000 $0 Minimum Amount $1,200 FORM PM Agreement EXHIBIT A v3-3-00 By: Date: Printed 02/17/04 3:14:43 PM Page 1 or 1 EXHIBIT B Parcel Map Agreement No. 2003-18 NET AMOUNT EXTENSION DUE A. MISCELLANEOUS FEES$CHARGES 1. STREET TREES ©Residential(15-gallon)Street Trees @ per Tree na na (A1) 2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na na 3. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet @ per LF na na 4. MONUMENT CHECK FEE Lot&Outlots @ $30.00 per Lot $200.00 $200.00 (Min$200) B. IMPACT FEES,CONSTRUCTION CREDITS$FEES TO BE DEFERRED 0.5851 Gross Acres - 0.4689 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 1 Units(residential) R-1-AH Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES ®FMFCD Drainage Area Acres per FMFCD @ per Acre ��Ti• bl Local Drainage Fee $1,987.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Cha e Frontage: W.Alluvial Avenue 11,000 SF Total Square Feet F ®SF; sub-total Lateral Sewer Charge @ per SF i Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge $1,100.00 (b)Oversize Sewer Sewer Charge (�UGM Reimbursement Area Frontage: JW.Alluvial Avenue 11,000 SF Total Square Feet ®SF �SF;sub-total Oversize Sewer Charge @ per SF Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge L $550.00 (c)Trunk Sewer Charge F---Re—rn­do-n1 Trunk Sewer Service Area Units @ per Unit '[ �-96'� (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 (e) Sewer Capacity Enhancement Charge Trunk Sewer Service Area na Units @per Unit ���OQ FORM PM Agreement EXHIBIT B v8114/03 By.Rick Date: Printed 02/02/04 2:47:17 PM Page 1 of 3 EXHIBIT B Parcel Map Agreement No. 2003-18 NET AMOUNT EXTENSION DUE 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") Estimated Deposit(FMC 14-111-i) nal (b1)Service Connection Charges Service Connection Charges to be applied at building permit. (c)Frontage Charge Frontage: W.Alluvial Avenue 110 LF Sub-Total Lineal Feet(full rate) ®LF ©LF; sub-total Frontage Charge(full rate) @ per LF Sub-Total Frontage Charge Less estimated Frontage Charge Credits Frontage Charge (d)Transmission Grid Main Charge UGM Reimbursement Area Net Acres @ [ per Net Ac Less EstimatedTGM Construction Credits Transmission Grid Main Charge (e)Transmission Grid Main Bond Debt Service Charge Net Acres @ per Net Ac Less EstimatedTGM Bond Debt Service Charge Credits �_]b Transmission Grid Main Bond Debt Service Charge � $142.55 (fLqgM Water Supply Fee 1 201 s I Supply Well Service Area Living Units(residential) @ per Unit Less Estimated UGM Water Supply Fee Construction Credits t UGM Water Supply Fee $3� ( Well Head Treatment Fee 201 Well Head Treatment Service Area Living Units(residential) @ per Unit (h)Recharge Fee Recharge Service Area Living Units(residential) @ Unit (t)1994 Bond Debt Service Fee 1994 Bond Debt Service Fee Service Area 1 Living Units(residential) @ $0.00 per Unit FORM PM Agreement EXHIBIT B v8114103 By:Rick Date: Printed 02!02/04 2:47:17 PM Page 2 of 3 EXHIBIT B Parcel Map Agreement No. 2003-18 NET AMOUNT EXTENSION DUE 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 4 Fire Station Service Area 0.58511 Gross Acres @ $74.00 per Gr Acre $43.30 $43.30 (b)UGM NE12HBORHOOD PARK FEE 6 6 Neighborhood Park Service Area 0.5851 Gross Acres @ $302.00 per Gr Acre $176.70 176.70 (c UGM STREET CHARGE B Major Street Zone 0.4689 Adjusted Gross Acres @ $680.00 per AG Ac $318.85 Less Estimated Major Street Charge Construction Credits Major Street Charge �'�1 318.85 (d UGM STREET BRIDGE CHARGE B Major Street Bridge Zone 0.4689 Adjusted Gross Acres @ $5.00 per AG Ac Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $2.34 (e)UGM TRAFFIC SIGNAL CHARGE 0.4689 Adjusted Gross Acres @ $860.00 per AG Ac 403.25 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge (fp2ME SEPARATION CHARGE Grade Separation Service Area 0.4689 Adjusted Gross Acres @ $0.00 per AG Ac na ( UGM TRUNK SEWER FEE Trunk Sewer Service Area 0.4689 Adjusted Gross Acres @ $0.00 per AG Ac na (h OVERLAY da SERVICE AREA Millbrook Overlay Service Area 0.4689 Adjusted Gross Acres @ $0.00 per AG Ac na Total Impact Fees&Charges $6,617.22 $6,617.22 SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $200.00 TOTAL(B) IMPACT FEES&CHARGES $6,617.22 TOTAL FEES and CHARGES DUE WITH PARCEL MAP AGREEMENT cash $6,817.22 FORM PM Agreement EXHIBIT B v8/14/03 By.Rick Date: Printed 02/02/04 2:47:17 PM Page 3 or 3