HomeMy WebLinkAboutPM 2004-07 - Agreement/Covenant - 3/2/2006 When Recorded Mail To:
City Clerk
City of Fresno 060043502
2600 Fresno Street 03t01tZ006,20
Fresno, CA 93721-3603
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L- NO FEE-GOVERNMENT CODE 6103
Z and 27383
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w _ City of Fresno
Public Works Department
P.W. File No. 5494-2004-07
SUBDIVISION AGREEMENT
r PARCEL MAP NO. 2004-07
• Subdivision Agreement
Parcel Map No. 2004-07
Page 2
(a
THIS AGREEMENT is made this dayof C�a--.,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and BAKERS ASSOCIATES,a California general partnership,hereinafter designated
and called the "Owner," without regard for number or Gender, and RIVERVIEW ESTATES, a
Partnership, 360 West Nees Avenue, Fresno, California 93711, hereinafter designated and
called the "Developer,"without regard for number or Gender. The "Owner" and the "Developer"
shell hereinafter and collectively designated and called the"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. 2004-07 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 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 Vesting Tentative Parcel Map
No. 2004-07 dated June 10, 2005 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.
Via-,
r
Subdivision Agreement
Parcel Map No. 2004-07
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 Subdividerand 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. 84361) 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
Subdivision Agreement
Parcel Map No. 2004-07
Page 4
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. 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 accordancewith
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 corners required to locate land
divisions shown on the Parcel Map.
f. 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
C
Subdivision Agreement
Parcel Map No. 2004-07
Page 5
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
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 orretained byCity 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
R-
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• Subdivision Agreement
Parcel Map No. 2004-07
Page 6
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 anyand 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 fajliffl 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.
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• Subdivision Agreement
Parcel Map No. 2004-07
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 maybe 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 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
s.
Subdivision Agreement
Parcel Map No. 2004-07
Page 8
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.
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,
frn.
Subdivision Agreement
Parcel Map No. 2004-07
Page 9
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.
y Subdivision Agreement
Parcel Map No. 2004-07
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER :
a Municipal Corporation
OWNER:
DAVID D. HEALEY, BAKER ASSOCIATES, a California general
Director Public Works Department partnership
By: �" B :
Michael T. Kirn, Assistant Director David B. Miller, Partner
By:
Dana Blencowe, Partner
ATTEST:
REBECCA E. KLISCH, CMC By:
CITY CLERK Peter B. Miller, Partner
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DEVELOPER:
Depu #y�� RIVERVIEW ESTATES, a Partnership
By: The Roz Group, Inc., a California
Corporation, Formerly Known as
Bargain Homes, Inc., a California
APPROVED Aa FQRMI Corporation Partner
HILDA CANTO MONTCGX�
Cit Attorney ` '�`� B
Y Y �Pi, Y
it
Roznovsky, Presi
By: i By: Better Homes, Inc., a California
Deputy Corporation, Partner
By:
tanley L./Sp President
K:\Louisr\FPM 2004-07117PM 2004-07 Rev. CORRECTED By. Fresno Supreme, Inc., a California
Subdivision Agreement Parcel Map v07-07-04.wpd
Corporation, Partner
By:
Hubert Hoffman, President
(Attach Notary Acknowledgment)
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On January 24, 2006 before me, V. Susan Elwell, Notary Public, personally appeared
David B. Miller and Peter B. Miller,personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
19. SUSAN' ELWELL
u "
COMM #1343896 O
0" +• NOTAW PUSUC-CAUFORWIA
O COUNIv OF CONTRA COSTA
P,►,tir Comm
Notary Public
01/24/2006 13:15 FAX 925 933 4126 MILLER STARR Z002
Subdivision Agreement
Parcel Map No.2004-07
Page 10
The parties have executed this Agreement on the day and year first above written_
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
OWNER:
DAVID D. HEALEY, BAKER ASSOCIATES, a California general
Director Public Works Department partnership
Pr,
BY
Michael T. Kirn, Assistant Director David B.Miller, Partner
ana Blencowe, Partner
ATTEST: -
REBECCA E. KLISCH, CMC By:
CITY CLERK Peter B. Miller, Partner
By: DEVELOPER:
Deputy RIVERVIEW ESTATES, a Partnership
By: The Roz Group, Inc., a California
Corporation, Formerly Known as
Bargain Homes, Inc_, a Califomia
APPROVED AS TO FARM: Corporation Partner
HILDA CANTO MONTOY
City Attorney gy
Ictor Roznovsky, Presi
By: By: Better Homes, Inc:, a California
Deputy Corporation, Partner
BY
tanley L p President
K-%Louisrl PM 200¢07tiFPM 2004-07 Rev- CORRECTED By-* Fresno Supreme, Inc_, a California
Subdivision Agreement Parcel Map v07-07-04.WPd
Corporation, Partner
Hubert Hoffman, President
(Atfach Notary Acknowledgrrment)
01/24/2006 13:15 FAX 925 933 4126 MILLER STARR 003
STATE OF CALIFORNIA )
ss.
COUNTY OF %�G ►'do )
On 1 Z q i , 2006 before me,�J.- Ye' Notary Public,personally
appeared Dana Blencowe,personally known to me(or proved 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 she executed the same in her authorized capacity,and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal.
Notary Public
.- -• TERESA JEANNE DIMEOLA',
0 COMM. #1502151 31
0 , NOTARY PUBLIC•CALIFORNIA
� ,p ^ MENDOCINO COUNTY _o
Mu Comm.Euvres July 20,2008 ►
STATE OF CALIFORNIA )
ss.
CONY OF }
On ,2006 before me, ,Notary Public,personally appeared
Peter B.Miller, personaliy known to me(or proved 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 executed the same in his authorized capacity,and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand mid official seal.
Notary Public
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 2, 2005 , in the office of the Fresno County Recorder
�
as Document No. 2QQ5-0122755 of which the Deed of Trust in, by and between:
Baker Associates, a California general partnership
as Trustor,
American Securities Company, a California corporation
as Trustee,
and Wells Fargo Bank, National Association
as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for Parcel Map No. 2004-07.
DATED: December 2, 2005
BENEFICIARY
Ronald M. Dunn.
Vice President
(Beneficiary to print/type Name and Title;
• and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
rK�Sy1 O ss.
County of
On Dr-'l beraZ A29s before me, D1.f/ /Ro, LLokv TGt,(��lCr
Date Name and Title of Officer(e.g.,"Jane Doe,'Notary Public")
personally appeared L`Y1GZlt � ice• �u-r11? ,
Name(s)of Signers)
1K personally known to me
0 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
C am TORO he/she/they executed the same in his/her/their
coWMWdon#1500778 authorized capacity(ies), and that by his/her/their
H0kXVPubft.cworft signature(s) on the instrument the person(s), or the
IFMMCountyentity upon behalf of which the person(s) acted,
My comm.Expires Jun 4,200 4� executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached DocumentL,
Title or Type of Document: 17
SLC,bUYC►lYlGtfiO/�
Document Date: �/�c�eJ'j'fi� r Number of.Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑a General ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact h
Topof thumb here ❑ Attorney in Fact
Top of thumb here
El Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
Final Parcel Map No. 2004-07
P. W. No. 5494-2004-07
'SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 14, 2004 , in the office of the Fresno County Recorder as Document
No. 2004-0278727, of which the Deed of Trust in, by and between
River Bluff Investors, a Joint Venture, composed of Cental Pacific Investments, a California
Corporation; and River Bluff Partners, a California Limited Partnership, as Trustor,
Financial Title Company, California Corporation,:, as Trustee, and
Riverview Estates, a Partnership , as Beneficiary, hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Parcel
Map No. 2004-07.
DATED: 26 ZDo
BENEFICIARY
RIVERVIEW ESTATES, a.Partnership
By: The Roz Group, Inc., a California
Corporation, Formerly Known as
Bargain Homes, Inc., a California
Corporation Partner
B '
Victor Rozno y, Preside
By: Better Homes, Inc., a California
Corporation, Partner
By:
St6nley L. S ano President
By:. Fresno Supreme, Inc., a California
Corporation, Partner
By:
Hubert Hoffman, President
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On January 26, 2006_ before me, Susan Lantz,Notary Public (Name,Title or Officer)
personally appeared Victor Roznovsky, Stanley L. Spano,and Hubert Hoffman
(Name(s)of signer(s)
❑x personally known to me - OR - E or.proved to me on the basis of satisfactory
evidence to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed
the same in their authorized capacities,
SUSANUWTZ and that by their signatures on the
s ornmissionit37/&ds ss instrument the persons, or the entity
•- ' otary Putt-CNifon
Fresno Cotrnry upon behalf of which the persons
My Comm.Eicp"Sep_14e2OOi acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
My commission expires September 14,2006
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Though the data below is not required by law; it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUALS)
XX CORPORATE OFFICERS. P.W. File No. 5494-2004-07
PM 2004-07 Subordination Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED NUMBER OF PAGES
8 GENERAL
ATTORNEY-IN-FACT 12/14/04- No..2004-0278727
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
Parcel Map No. 2004-07
P. W. File No. 5494-2004-07
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on December 14, 2004, as Document No. 2004-0278727, in the office of the
Fresno County Recorder, of which the Deed of Trust in, by and between: . River Bluff
Investors, a Joint Venture, composed of Central Pacific Investments, a California.
.Corporation; and River Bluff Partners, a California Limited Partnership, as Trustor,
Financial Title Company, a California Corporation, as Trustee, and Riverview Estates,
a Partnership, as Beneficiary, hereby expressly.subordinates said Deed of Trust and its
beneficial interest thereto the foregoing Statement . of Covenants ,Affecting Land
Development Deferring Certain Sewer Connection Charges, Water Connection Charges,
Urban Growth Management Fees and Development Fees to the Time of Issuance of
Certificate of Occupancy and Creation of Lien for Parcel Map No. 2004-07.
Dated: January 27, 2006
BENEFICIARY
RIVERVIEW ESTATES, a Partnership
By: The Roz Group, Inc., a California Corporation, Formerly
Known as Bargain Homes, Inc., a California
Corporation, Partner
By:
Victor Rozno y, resident
By: Better Homes, Inc., a California Corporation, Partner
By: ��
Stan! y L. Spa President
By: Fresno Supreme, Inc., a California Corporation, Partner
Hubert Hoffman, President
(Attach Notary.Acknowledgment)
d
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On December 22, 2005 before me, Susan Lantz, Notary Public (Name,Title of Officer)
personally appeared Victor Roznovsk ,Stanley Spano,and Hubert Hoffman
(Name(s)of signer(s)
Qx personally known tome - OR - ❑ or proved to me on the basis of satisfactory
evidence to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed
the same in their authorized capacities,
SUSAN LANTZ and that by their signatures on the
Commission#1371655 instrument the persons, or the entity
Notary PubliF-California � p Y
Fresno County upon behalf of which the persons
Comm.E>4tiresSep14,200i acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
My commission expires September 14,2006
i a r,- fru�� sl x
� .6,; o- aG. i
NA
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL(S)
X CORPORATE OFFICERS P.W. File No.5494-2004-07
PM 2004-07 Subdivision Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) 8 LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California .
County of Fresno
On January 27, 2006 before me, Susan Lantz, Notary Public (Name,Title of Officer)
personally appeared Victor Romovsky, Stanley L. Spano,and Hubert Hoffman
(Name(s)of signer(s)
�x personally known tome - OR - 0 or proved to me on the basis of satisfactory
evidence to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed
the same in their authorized capacities,
SuSANtANTZ and that by their signatures on the
NotaryPuWtpEallorni
Cahm(4aana-ColbriVs instrument the persons, or the entity
Fresm County upon behalf of which the persons .
MyComm.EkpWnSep l4,2= acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
My commission expires September 14,2006
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Though the data below is not required by law, it may prove valuable to persons relying on the
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CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL(S)
X CORPORATE OFFICERS P.W. File No. 5494-2004-07
PM 2004-07 Subordination Agreement
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED NUMBER OF PAGES
8 GENERAL
ATTORNEY-IN-FACT 12/14/04 - No. 2004-0278727
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
CLERK'S CERTIFICATION
State of California)
County of Fresno)
City of Fresno)
On February 1, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Michael T. Kirn, Assistant Public Works Director, 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 be 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.
REBECCA E. KLISCH
CITY CLERK, CMC
d �
By
Deputyr
fi
EXHIBIT A Parcel Map Agreement No. 2004-07
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION
Street Lights (Type'") 07 Each $0.00 /Each $0.00
Street Lights (Type"') F-.Pj Each $0.00 1/Each $0.00
Sewer Housebranch :01 Each $0.00 /Each $0.00
Sewer Main Extension ("*") 0 Lin Ft $0.00 1/Lin Ft $0.00
Water Main Extension{""") 0 Lin Ft. [i $0.00 /Lin Ft $0.00
Concrete Curb& Gutter 440 Lin Ft _ $9.00 /Lin Ft $3,960.00
Concrete Sidewalk/Approach 2522 Sq Ft $2.00 1/Sq Ft $5,044.00
Permanent Pavement 0 Sq Ft $0.00 1/Sq Ft
SUB-TOTAL 9,004.00
- - 10% CONTINGENCY"
~ FINAL COST ESTIMATE" . $10;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 $9,500
5%of amount shall be in cash or a Certificate of Deposit $500
Payment Security (50%of Final Cost Estimate)"
1.00% of amount shall be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $5,000
C. WARRANTY SECURITY(due as condition of acceptance of the work)*'
5% of first$50,000 of the Final Cost Estimate $500
3%-of next$50,000 $0
1% of next$400,000 $0
0.5% of amount over$500,000 $0
Minimum Amount $500
':
FORM PM Agreement EXHIBIT A v3-3-00 By:Frank Date:3-12-2004 Printed 11/01/05 4:56:04 PM Page 1 of 1
EXHIBIT B Parcel Map Agreement No. 2004-07
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
0 CO Commercial(5 allon)Street Trees per Tree (Al)
Public Works.
2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director nal na
3. IRRIGATION PIPELINE(one-time maintenance fee)
0 Lineal Feet $5.00 per LF na na
4. MONUMENT CHECK FEE
Lot&Outlots @per Lot $200.00 _$0.00
$30.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO-Wb Mto
12.1993 Gross Acres
10.0588 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
58 LUE(non-residential)
C-P/BA-20 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
DH FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre _ na
Local Drainage Fee $0.00 _$0.00](1211)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: W.Nees Avenue F 169.0070 SF
Total Square Feet 1=000 SF
F7769._55-51 SF; sub-total Lateral Sewer Charge @ $0.1 @ per SF $16 900:00
Less amount paid with development under application#04-5692 F $0.00
Lateral Sewer Charge 5751 $16,900.00
(b)Oversize Sewer Charge
7 UGM Reimbursement Area "
Frontage: IN.Palm Avenue 20,000 SF
Frontage: IW.Nees Avenue I 169 000 SF
Frontage: IW.Audubon Avenue I 31 000 SF
Total Square Feet 220 000 SF
220 000 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $11,000,00
Less amount paid with development under application#04-5692
Oversize Sewer Charge S9 688.70 $0.00 $9,688.70
i e� 3
EXHIBIT B Parcel Map Agreement No. 2004-07
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
Upon occupancy of the project,the subdivider shall pay the appropriate
sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)
as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(55921-5153)
(d)Wastewater Facilities Charge
Upon occupancy of the project,the subdivider shall pay the appropriate
sewer facility charge pursuant to the Simple Tiered Equity Program(STEP).
as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5153)
3. WATER CONNECTION CHARGES
(a)Service Connection Charges
Water Services,Landscape Services and/or.meters due @ Building Permit - - - -
(b)Frontage Char e
Frontage: N.Palm Avenue 160 LF
Frontage: W.Nees Avenue 1 690 LF
Frontage: W.Audubon Avenue _ 260 LF
Sub-Total Lineal Feet(full rate) ,110 LF
tF 1 894 LF; sub-total Frontage Charge(full rate) @ F $6.501 per LF $12 311.00
Less estimated Frontage Charge Credits $0.00
Frontage Charge $12,311.00 $0.00 __$12,311.00
(c)Transmission Grid Main Charge
A UGM Reimbursement Area
t 93 7.96Gross Acres @ r $643.00 per Gr Acre $5,124.261
Less EstimatedT.GM Construction Credits
Transmission Grid Main Charge $5,124.26 $0.00 $5,124
(d)Transmission Grid Main Bond Debt Service Charge
t 7.9693 Gross Acres @ _ $243.00 per Gr Acre7715-36.54
Less EstimatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge _$1936.54 $0.00 $1,936.54
(e UGM Water Supply Fee
101-S Supply Well Service Area
t 33 Living Unit Equivalents(non-residential) @ $456.00 per LUE $15 048.00
Less Estimated UGM Water Supply Fee Construction Credits __ $0.00
UGM Water Supply Fee 515,048.00 $15 048.00
( Well Head Treatment Fee
101 Well Head Treatment Service Area
ti 33 Living Unit Equivalents(non-residential) @ $0.00 per LUE _ $0.00
� � 3
EXHIBIT B Parcel Map Agreement No. 2004-07
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
( )Rechar a Fee
101 Recharge Service Area
t 33 Living Unit Equivalents(non-residential) @ $0.00 per LUE
(h)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
ti 331 Living Unit Equivalents(non-residential) @ $895.00 per LUE $29 535.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $29,535.00 $0.00 M,535,010
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)_UGM FIRE STATION FEE
2 Fire Station Service Area
t 7.4735 Gross Acres @ __$492 00 per Gr Acre $3,676.96 $3,676.96 $0.00
(b)UGM NEIGHBORHOOD PARK FEE
6 Neighborhood Park Service Area
t 7.4735 Gross Acres @ $821.00 per Gr Acre 76-135,774 r $0.00 $6 135.74
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
0.0000 Sq.Ft.of building space(non-residential) @ $0.00 per Sq.Ft. $0.00 (B4)
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge _ $0.001 $0.001 1 $0.00
(B4) To be paid at time of development
t Quantities reduced with regard to amount paid with development under application##04-5692
Total Impact Fees&Charges $100,356.20 $18,724.96 $871631.24
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $0.00
TOTAL(B) IMPACT FEES&CHARGES $18,724,961 F $81,631,241
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $18,724.961
_ I