HomeMy WebLinkAboutPM 2003-29 - Agreement/Covenant - 2/22/2006 When Recorded Mail To:
City Clerk
City of Fresno
p 2600 Fresno Street 05/05/1005,10050100151
Z Fresno, CA 93721-3603
O
V
LU NO FEE-GOVERNMENT CODE 6103
Q and 27383
W
-i
a. CITY of FRESNO
Public Works Department
P.W. File No. 5494-10824
SUBDIVISION AGREEMENT
PARCEL MAP NO. 2003-29
Subdivision Agreement
Parcel Map No. 2003-29
Page 2
THIS AGREEMENT is made this 2,(o--*"* day of A Pt?/[- ,2005,by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and,
HERITAGE STORAGE FACILITIES-ASHLAN, LLC, a California Limited Liability Company,
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 and B of Parcel Map No. 2003-29 as recorded in Book ( ' _
of Parcel Maps at Page(s) 9 5 + 8� , Fresno County Records.
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 Panel 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.2003-29
dated June 16, 2004 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.
Subdivision Agreement
Parcel Map No. 2003-29
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 one(1)year
of the date of this agreement, 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.
a
Subdivision Agreement
Parcel Map No. 2003-29
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. Set all landmarks, monuments and lot comers required to locate land
divisions shown on the Parcel Map.
f. The improvements are more particularly itemized in Exhibit A and the
following improvement plans made a part of this Agreement and any amendments thereto:
i. Water & Sewer System Plans: City Drawing Nos: 10-C-8930
through 10-C-8931, inclusive.
ii. Street & Street Lighting Plans: City Drawing Nos. 15-C-12547
through 15-C-12550, inclusive, and 4-C-874.
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.
Subdivision Agreement
Parcel Map No. 2003-29
Page 5
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 fumishing 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
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 fumished 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 retumed 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
S
C
Subdivision Agreement
Parcel Map No. 2003-29
Page 6
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.
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 fqft to meet
Subdivision Agreement
Parcel Map No. 2003-29
Page 7
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.
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.
15. Adequate dust control shall be maintained by the Subdivider on all streets within
Subdivision Agreement
Parcel Map No. 2003-29
Page S
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.
Subdivision Agreement
Parcel Map No. 2003-29
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.
Subdivision Agreement
Parcel Map No. 2003-29
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
HERITAGE STORAGE FACILITIES-ASHLAN LLC
DAVID D. HEALEY, Director
Public Works Department
By: &w 12 By.
Q"�-
Mic ael T. Kim, Assistan Dir ctor
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney (Attach Notary Acknowledgments)
By
Deputy
Type/Print Subdivider's Mailing Address:
City of Fresno Mailing Address: I'
4.
Public Works Director
Public Works Department E-- Itis
2600 Fresno Street.
Fresno, CA 93721-3615 C iA-- 3
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) SS.
On April 13,2005 before me, LA RUE JOHNSON
a Notary Public in and for said County and State, personally appeared RANDEL MATHIAS
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 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.
LA RUE JOHNSON
COMM. #1326849
ture of Nota @my
NOTARY PUBLIC-CALIFORNIA
rY ~ FRESNO COUNTY
Comm.Expires October 26,2005
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
a Notary Public in and for said County and State, personally appeared
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 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 of Notary
EXTNOTI --00/25/88bk
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On u-L 4L, 20057 before me, personally
appeared "Jon., ��'-�-yt— 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
D PUTY —
JB+AK April 4,2005
EXHIBIT A Subdivision Agreement for Parcel Map 2003-29
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $0
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $10,000
Street Construction Cost Estimate $191,000
Final Cost Estimate (for Inspection Fee purposes) $201,000
Landmarks, Monuments, Lot&Block Comers ($50/ea) $0
Sub-Total (for bonding purposes) $201,000
Construction Contingency(10%) $20,100
TOTAL COST ESTIMATE*
(for improvement securities purposes) $221,100 $221,000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $210,000
5% of amount shall be in cash or a Certificate of Deposit $11,100
Payment Security (50%of Total Cost Estimate) -
100% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $110,500
Faithful Peformance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1%of next$400,000 $1,000
0.5%of amount over$500,000 1 $0
Minimum amount 1 $6,000
EXHIBIT A 00111/00 Prepared By: Date: Print Date:04/01/05 5:13:09 PM Page 1 of 1
EXHIBIT B Parcel Map Agreement No. 2003-29
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
OCommercial(15-gallon)Street Trees @ $30.00 per Tree na na (A1)
(A1) Street Tree inspection 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 na nal
3. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet @ $5.00 per LF na nal
4. MONUMENT CHECK Lot&OE FEE
@ $30.00 per Lot
$200.00 $200.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
10.0504 Gross Acres
8.4300 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
32 LUE(non-residential)
C-6 S-L Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AK FMFCD Drainage Area
0.4765 Acres per FMFCD(C-t zone,Street Right-of-way) @ $7 180 per Acre $3,421.00
AK FMFCD Drainage Area
0.4004 Acres per FMFCD(S-L zone,Street Right-of-Way) @ $6 370 per Acre $2 551.00
Local Drainage Fee $5,972.001 $5,972.00 (B1)
(1311)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
Sewer Connection Charges to be paid with Building Permit Application Numbers 04-11689,05-2278.
3. WATER CONNECTION CHARGES
Water Connection Charges to be paid with Building Permit Application Numbers 04-11689,05-2278.
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
Urban Growth Management(UGM)Fees to be paid with Building Permit Application Numbers 04-11689,05-2278.
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
Non-Urban Growth Management(UGM)Impact Fees to be paid with Building Permit Application Numbers 04-11689,05-2278.
EXHIBIT B Parcel Map Agreement No. 2003-29
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Total Impact Fees&Charges $5,972.00 $5,972.00 $0.00
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $200.00
TOTAL(B) IMPACT FEES&CHARGES $5,972.001 1 $0.00
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $6,172.00