HomeMy WebLinkAboutPM 2004-12 - Agreement/Covenant - 6/8/2005 (2) a
1 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
5/23/205,201113096
NO FEE-GOVERNMENT CODE 6103
and 27383
CITY of FRESNO
Public Works Department
P.W. File No. 5494 -Ofyi2
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J SUBDIVISION AGREEMENT
°- PARCEL MAP NO. 2004-12
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Subdivision Agreement
Parcel Map No. 2004-12
Page 2
THIS AGREEMENT is made this day of l&IQ ,2005,by and
between the City of Fresno,a Municipal Corporation,hereinafter referred to as"City,"and, HELEN
STORELLI, a single woman, HELEN STORELLI HALL, a widow, and STORELLI LAND
COMPANY, 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. 200412 as recorded in Book
of Parcel Maps at Page(s) 90 + q f , 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 Tentative Parcel Map No.200412
dated May 28, 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
Subdivision Agreement
Parcel Map No. 2004-12
Page 3
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 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
Subdivision Agreement
Parcel Map No. 2004-12
Page 4
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. 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, 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
fumished 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
Subdivision Agreement
Parcel Map No. 2004-12
Page 5
i. 95% of the Final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
6. Prior to the approval of the Parcel Map by the City,the Subdivider shall pay to the
City and/or execute a covenant to defer certain impact fees due which are exigible 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
Subdivision Agreement
Parcel Map No. 2004-12
Page 6
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 failinc to meet
City's requirements shall be recorded by City from the same testing laboratory. Billing for the
Subdivision Agreement
Parcel Map No. 2004-12
Page 7
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
and without the subdivision on which work is required to be done under this Agreement from the
Subdivision Agreement
Parcel Map No. 2004-12
Page 8
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.
16. The Subdivider shall install all street improvements in accordance with Section
Subdivision Agreement
Parcel Map No. 2004-12
Page 9
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. 2004-12
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
HELEN STORELLI, a single woman
DAVID D. HEALEY, Director
Public Works Department
Helen Stor i
By ,d d
Michael T. Kim, Assistant Director
HELEN STORELLI HALL, a widow
APPROVED AS TO FORM: By`
Helen Storelli Hall
HILDA CANTO MONTOY
City Attorney
STORELLI LAND COMPANY, LLC,
By (�4a California Limited Liability Company
Deputy
By=
Jc#n Storelli
(
City of Fresno Mailing Address: Attach Notary Acknowledgments)
Public Works Director
Public Works Department Type/Print Subdividees Mailing Address:
2600 Fresno Street.
Fresno, CA 93721-3615 Atm
(voo E 64s CPowleq*-s 57 /dpoo
STATE OF Calii 1,\
COUNTY O v
ONAril 18,2005,before me,
UdAtam a Notary Public in and for said State,personally appeared
John Storelli ,personally known to me(or proved to me on the basis of
satisfactory a 'dence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to
me that he akhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on
the ins ent a person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WI SS y hand an ial seal.
J �ADREANA DAVIS
/ — Comm.#1485340
otary Public in and for said County and State wotutr SWMWIQ Nu,
My Comm Eon APRIL23,2008
STATE OF California )
COUNTY OF Fresno )
ON April 15,2005,before me,
Darryl Evans ,a Notary Public in and for said State,personally appeared
Helen Storelli Hall ,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.
Notary Public in d for said County and State
W0 DARRYL EVANS
COMK*147y472
O NOTARY�IC-CALffMIAA
FRESNO COUNTY
COMM.ECP.MARCH 30 2008-�,
STATE OF California )
COUNTY OF Fresno )
ON April 15,2005,before me,
Darryl Evans ,a Notary Public in and for said State,personally appeared
Helen Storelli ,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.
DARRYL EVA477N
Notary Public'm and for said County and State COMM,#1�V A S 1
• NOTARY PUBLIC-CALIFORNIAA
FRESNO COUNTY
COMM,IXP.MARCH 30,200t!+
CLERK'S CERTIFICATION
STA TE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 10, 2005, before me, Erika Leyva, Deputy City Clerk, personally appeared Michael T.
Kirn,Assistant 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 I SCH _
C/TY CLERK ,
By %11'k
Depu
EXHIBIT A.1 Parcel Map Agreement No. 2004-12
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
F— DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION
Street Lights(Type**) 0 Each $0 ffi/Each $0.00
Street Lights(Type"*) 0 Each $0.00 /Each 1 $0.00
Sewer Housebranch -A Each $0.00 /Each I $0.00
Sewer Main Extension (*"') 0 Lin Ft $0.00 1/Lin Ft 1 $0.00
Water Main Extension (**") 0 1 Lin Ft $0.00 /Lin Ft $0.00
Concrete Curb&Gutter 0 in Ft $0.00 /Lin Ft $0.00
Concrete Sidewalk/Approach 0 Sq Ft $0.00 /Sq Ft $0.00
Permanent Pavement 0 Sq Ft $0.00 /Sq Ft $0.00-
SUB-TOTAL (see EXHIBIT A.2) 12 000.00
10%CONTINGENCY* $1,000.001
FINAL COST ESTIMATE* $13 000.00
*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 $12,4
5%of amount shall be in cash or a Certificate of Deposit $700
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 $6 500
C. WARRANTY SECURITY(due as condition of acceptance of the work**
5%of first$50,000 of the Final Cost Estimate $700
3%of next$50,000 $0
1%of next$400,000 $0
0.5%of amount over$500,000 $0
Minimum Amount $700
Printed 04/01/05 8:50:49 AM Page 1 of 1
INGELS-BRAUN & ASSOCIATES
Engineers Estimate
Project: JPl Student Housing Prepared by:J.McKean
Date: 31312005
Prof.No. 03-082
Constrm io»Costs
Item Quantity Unit Unit Cost Total
Lighting
1.) Street Light(City Std.E-1 /70W) 4 ea $3,000.00 $12,000.00
Sub total $12,000.00 _
Construction Total $12,000.00
EXHIBIT A.2
EXHIBIT B Parcel Map Agreement No. 2004-12
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
11 Residential(15-gallon)Street Trees @ $30.00 per Tree $330.00 $330.00
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)
�0 Lineal Feet @ $5.00 per LF na na
4. MONUMENT CHECK FEE
0 Lot&Outlots @ $30.00 per Lot $200.00 $200.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
9.5235 Gross Acres
8.7973 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
152 Units(residential)(Parcel B)
R-4/cz Zoning (Parcel B)
R-A Zoning (Parcel A)
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
L FMFCD Drainage Area
0.4666 Acres per FMFCD(Street Right-of-Way) @ $3940 per Acre $1 838.00
Credit $201.00
Local Drainage Fee $1,637.001 $1 637.00
2. SEWER CONNECTION CHARGES
Sewer Connection Charges for Parcel B to be paid thru Building Permit Application 004-10929. Parcel A due at time of Development.
(a)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
Water Connection Charges for Parcel B to be paid thru Building Permit Application 004-10929. Parcel A due at time of Development.
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
Not in Urban Growth Management(UGM)service area.
EXHIBIT B Parcel Map Agreement No. 2004-12
NET AMOUNT
EXTENSION DUE
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
152 Living Units(residential)(Parcel B) @ $290.28 per Unit $44122.56
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $44122.56
Subject to vesting tentative map date,fee may not be applicable until
2-years after date of Final Map recordation;when applicable,fee is due at
Building Permit for all un-developed lots at the fee rate then in effect.
(b)POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northeast Fresno Service Area
152 Residential Living Units (Parcel B) @ $85.00 per Unit
Total Impact Fees&Charges $1,637.00 $1,637.00
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $530.00
TOTAL(B) IMPACT FEES&CHARGES $1,637.00
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $2,167.00