HomeMy WebLinkAboutPM 2004-36 - Agreement/Covenant - 10/23/2008 When Recorded Mail To:
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D City of Fresno
L) 2600 Fresno street 10/23/2008120080150047
LLJ Fresno, CA 93721-3603
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NO FEE-GOVERNMENT CODE 6103
and 27383
City of Fresno
Public Works Department
P.W. File No. 5494-2004-36
SUBDIVISION AGREEMENT
PARCEL MAP NO. 2004-36
Subdivision Agreement
Parcel Map No. 2004-36
Page 2
THIS AGREEMENT is made thisday of 2008, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and,
FANCHER CREEK PROPERTIES, LLC., a California Limited Liability Company, 855 M Street,
Suite 1110, Fresno, California 93721, 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 through AQ, inclusive, and Outlots 1 and 2 of Parcel Map
No. 2004-36 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. 2004-36 dated May 24, 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.
Subdivision Agreement
Parcel Map No. 2004-36
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.
4. The work and improvements are stipulated in the Conditions of Approval and include
the following:
Subdivision Agreement
Parcel Map No. 2004-36
Page 4
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 sewerextensions 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 corners required to locate land
divisions shown on the Parcel Map.
f. Perform and construct all work shown on the following construction plans
and any amendments thereto, such plans are on file with the Public Works Department
and are incorporated into this agreement by this reference:
i. City Drawing Nos: 10-C-10766 through 10-C-10782 inclusive (sewer and
water), BO-10-1 through BO-10-14 and BQ-10-1 through BQ-10-14 inclusive
(storm drainage), 15-C-15093 through 15-C-15123 inclusive (street), and Drawing
No. 4-C-1118 through 4-C-1120, inclusive (street lighting).
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 made payable only to the City of Fresno.
Subdivision Agreement
Parcel Map No. 2004-36
Page 5
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.
C. Subject to the requirements of Resolution No. 2008-100 adopted by the City
Council on May 6, 2008, the Subdivider may request a one-time partial acceptance, for
maintenance only, of public improvements required by this agreement that the Subdivider
has constructed, to reduce the amount of the Performance Security required by this
Agreement. At the time of the City's partial acceptance, the City and Subdivider shall enter
into an amendment to this Agreement reducing the Performance Security to an amount
consistent with the requirements of Resolution No. 2008-10 required by this Agreement.
The City shall not release any of the original Performance Security or execute the
Amendment to this Agreement until such time as the Subdivider has provided the
Performance Security required by the Amendment.
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 bythe 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
Subdivision Agreement
Parcel Map No. 2004-36
Page 6
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 policyof Workers Compensation Insurance forthe duration
of the period of construction.
9. Indemnification. To the furthest extent allowed by law, Subdivider shall indemnify,
hold harmless and defend City and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,
tort or strict liability, including but not limited to personal injury, death at any time and property
damage) incurred by City, Subdivider or any other person, and from any and all claims, demands
and actions in law or equity(including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of performance of this Agreement or the performance of any or
all work to be done in and upon the street rights-of-way in said subdivision and upon the premises
adjacent thereto pursuant to this Agreement. Subdivider's obligations under the preceding sentence
shall apply regardless of whether Subdivider or any of its officers,officials, employees or agents are
passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or the willful misconduct, of City or any of its
officers, officials, employees, agents or volunteers.
If Subdivider should subcontract all or any portion of the work to be performed under this
Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City
and each of its officers, officials, employees, agents and volunteers in accordance with the terms of
the preceding paragraph in this Section 9. Notwithstanding the preceding sentence, any
subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil
Code shall, in lieu of indemnity requirements set forth in the preceding paragraph of this Section 9,
be required to indemnify, hold harmless and defend City and each of its officers, officials,
Subdivision Agreement
Parcel Map No. 2004-36
Page 7
employees, agency and volunteers to the furthest extent allowed by law, from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage), and from any
and all claims, demands and actions in law or equity (including reasonable attorney's fees and
litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of the design professional, its principals, officers, employees,agents or volunteers in the
performance of this Agreement.
The Subdivider further agrees that the use forany purpose and by any person of any and all
of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Subdivider at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein. This section shall survive termination or expiration of this
Agreement.
10. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and
maintain in full force and effect all policies of insurance described in this section with an insurance
cornipany(ies) either (i) admitted by the California Insurance Commissioner to do business in the
State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii)
authorized by CITY'S Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and shall include insurance for"bodily injury", "property
damage" and "personal and advertising injury" with coverage for premises and operations
(including the use of owned and non-owned equipment), products and completed
operations, contractual liability(including indemnity obligations under this Agreement),with
limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000
aggregate for products and completed operations.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Business Auto
Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned
Subdivision Agreement
Parcel Map No. 2004-36
Page 8
automobiles or other licensed vehicles (Code 1 -Any Auto), with combined single limits of
liability of not less than $1,000,000 per accident for bodily injury and property damage.
C. PROFESSIONAL LIABILITY(Errors and Omissions)insurance appropriate to
the respective person's profession (applicable only to those subcontractors who are
providing Professional Services to the Subdivider), with limits of liability of not less than
$1,000,000 per claim/occurrence and policy aggregate.
d. WORKERS' COMPENSATION insurance as required under the California
Labor Code.
e. EMPLOYERS' LIABILITY with minimum limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
Subdivider shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Subdivider shall also be responsible for payment of any self-insured
retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted 30
calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers'
Compensation policy which shall provide a 10 calendar day written notice of such cancellation of
coverage. In the event any policies are due to expire during the term of this Agreement,
Subdivider shall provide a new certificate evidencing renewal of such policy not less than 15
calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the
insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new
certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name City, its officers, officials, agents,employees and volunteers as an
additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall
be primary and no contribution shall be required of City. In the event claims made forms are used
forany Professional Liability coverage, either(i)the policy(ies)shall be endorsed to provide not less
than a 5 year discovery period, or (ii) the coverage shall be maintained for a minimum of 5 years
Subdivision Agreement
Parcel Map No. 2004-36
Page 9
following the termination of this Agreement and the requirements of this section relating to such
coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
employees and volunteers. Subdivider shall have furnished City with the certificate(s) and
applicable endorsements for ALL required insurance prior to City's execution of the
Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of
City's Risk Manager at any time during the life of the Agreement or any extension, and this
requirement shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Subdivider or his/her/it's subcontractors shall not be
deemed to release or diminish the liability of Subdivider,or his/her/it's subcontractors including
without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Subdivider or his/her/it's
subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relief
from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons
under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or
anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain
the required insurance in full force and effect, the Director of Public Works,or his/her designee, may
order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further
work under this Agreement and take all necessary actions to secure the work site to insure that
public health and safety is protected. All payments due or that become due to Subdivider shall be
withheld until notice is received by City that the required insurance has been restored to full force
Subdivision Agreement
Parcel Map No. 2004-36
Page 10
and effect and that the premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this
Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of
City, its officers, officials, employees,volunteers and agents in accordance with the terms of each of
the preceding paragraphs, except that the subcontractors'certificates and endorsements shall be on
file with Subdivider and City prior to the commencement of any work by the subcontractor.
11. Compaction and other materials testing performed for the determination of
compliance with Public Works Standards shall conform to Section 2-11 of the City Standard
Specifications, entitled "Materials Acceptance Testing." Materials testing shall at all times remain
under the review of the City Engineer who may determine additional test procedures,and additional
locations to be tested. All materials testing for improvement work within the public easements and
rights-of-way shall be ordered and paid for by the Subdivider.
12. Subdivider shall comply with the provisions of the prevailing Building, Plumbing,
Mechanical, Electrical and Zoning Codes and any other Codes of the City.
13. 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.
Subdivision Agreement
Parcel Map No. 2004-36
Page 11
14. 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 bythe City
Engineer and accepted.
15. 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.
16. Adequate dust control shall be maintained by the Subdivideron 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
Subdivision Agreement
Parcel Map No. 2004-36
Page 12
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 therefore,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.
17. 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.
18. 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.
19. 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.
20. 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.
21. In performing its obligations set forth in this Agreement, Subdivider shall comply with
all applicable laws, regulations, and rules of the governmental agencies having jurisdiction including,
without limitation, applicable federal and state labor standards and environmental laws and
regulations, Subdivider, not the City, is responsible for determining applicability of and compliance
with all local, state, and federal laws including, without limitation, the California Labor Code, Public
Contract Code, Public Resources Code, Health &Safety Code, Government Code, the Fresno City
Charter, and Fresno Municipal Code. The city makes no representations regarding the applicability
Subdivision Agreement
Parcel Map No. 2004-36
Page 13
of any such laws to this Agreement, the project, or the parties' respective rights or obligations
hereunder including, without limitation, payment of prevailing wages, competitive bidding,
subcontractor listing,or other matters. City shall not be liable or responsible, in law or equity, to any
person for Subdivider's failure to comply with any such laws, whether the City knew or should have
known of the need for the Subdivider to comply, or whether the City failed to notify Subdivider of the
need to comply. The Subdivider is referred to the City's Department of Public Works, Construction
Management Division to obtain the current prevailing wage rates, to the extent said rates are
applicable to the construction of any of the Improvements.
22. If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses.
23. The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. No provisions of this Agreement may be waived unless in
writing and signed by all parties to this Agreement. Waiver of anyone provision herein shall not be
deemed to be a waiver of any other provision herein.
24. This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California, excluding, however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
Subdivision Agreement
Parcel Map No. 2004-36
Page 14
25. Each party acknowledges that they have read and fully understand the contents of
this Agreement. This Agreement represents the entire and integrated agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified only by
written instrument duly authorized and executed by both City and Subdivider.
26. Subdivider intends to petition the City to form a Mello Roos District for the purposes
of reimbursing the Subdivider for those capital expenses incurred during development of the
Fancher Creek Business Park Parcel Map 2004-36, and other Fancher Creek Master Planned
Community improvements as may be added to the Mello Roos District, for which reimbursement is
permitted under the Mello-Roos Community Facilities Act(Government Code§§53311,et seq.). In
addition,the Maintenance District will also be created as part of the Mello Roos District to maintain
those improvements constructed in the Fancher Creek Master Planned Community identified as,but
not limited to, Parks, Lighting, Landscaping, etc. Subdivider shall reimburse the City for all
reasonable and necessary costs associated with establishing the District,as determined by the City
of Fresno. Nothing in this Agreement obligates the City or any other governmental entity to grant
final approval of any matter described within this paragraph. Such actions are legislative, quasi-
judicial, or otherwise discretionary in nature.
Subdivision Agreement
Parcel Map No. 2004-36
Page 18
The parties have executed this Agreement on the day and year first written above.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FANCHER CREEK PROPERTIES, LLC.,
Public Works Department a California Limited Liability Company
By: e-4& Bv: Kashian Enterprises,
"Patrick Wiemiller, Director CALI(AA 1-A a Limited Partnership,
as Member
ATTEST:
Rebecca E. Klisch, CMC Edward M. Kashian, General Partner
City Clerk
By: By: Africal Development, LLC.,
Deputy /0/j0'0g a California Limited Liability Company,
as Member
APPROVED AS TO FORM: `—t
�d
Thomas G. Richards, Manager
JAMES C. SANCHEZ
City Attorney
By:
John W. Fox,
Deputy City Attorney
Date:
(Attach Notary Acknowledgments)
STATE OF CALIFORNIA )
ss.
COUNTY OF
On 0 o�e4,. � l� U6, , , before me, s1`-Q,'' -. An
- I
personally appearedE�olv�f«Y-+ M. 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.
t` ;'k•, .,A STEVEN M.YOUNG
COMM.#1466428 Notary Public in and Or said S .'e
!L' NOTARY PUBLIC-CALIFORNIA fA
FRESNO COUNTY
Yp Comm.Ev.dare.29.2008
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On Nab 6n— M b re me, �l n� Il �'�— o T"I
personally appeared appeared fkD NI C , personally known to
me ( i t^ na cm thee€ ) to be the persons) whose name(%)
is/are subscribed to the within instrument and acknowledged to me that he/ffhe/they executed the
same in his"-heir--authorized capacity(in', and that by his their• signatures) on the
instrument the person(), or the entity upon behalf of which the person(%) acted, executed the
instrument.
WITNESS my hand and official seal. C U
Notary Public ' and fo said State
LETA M.CIAVAGLIA
COMM.#1581774 M
v) ? ; Notary Public Califomla N
W FRESNO COUNTY
My Comm.Exp.June 20,2009
2 1609949.1
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On October 10, 2008 before me, Sherrie L. Badertscher, Deputy City Clerk, personally
appeared, Scott Mozier, for Patrick Wiemiller, Director of Public Works Department, who 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.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
By
Deputy
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on No jem1oC 2 g 200 `] , in the office of the Fresno County Recorder, as Document
No. 2, D-1 —02 12--Zq3 of which the Deed of Trust in, by and between
F'a.nc'ho' Gr6rle Vi'-(:kQrV-t CS ,LLC' A Ca6ft>K0i A Limit-trt L&v6j !i ave as Trustor,
��ho�h c.��� �2 �Y►�fY1y as Trustee and
LP,YjtyA� Va6b C- (&h1- , a EAWA,I t gavlioo� COrVcy��d n Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement for the Parcel Map of No. 2004-36.
DATED: �f 2 2
BENEFICIARY
:
By
LA r►n
sendor V,Le Prisie(t,n —
i
i
By:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Placer i)
On January 22, 2008 before me, Wendy Todhunter , �l OO4 keLv-
DATE NAME,TITLE OF OFFICER"
personally appeared Thomas M. Lynn--------------------------------------------------------------------
NAME(S) OF SIGNER(S)
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. WENDY TODHUNTER 3
COMM.#1755553
NOTARY PUBLIC CALIFORNIA j
PLACER COUNTY
COMM Exp.AUG. 1,2o11
SIGNATURE OF NOTAR
This area for notarial seal
OPTIONAL
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 SIGNED DESCRIPTION OF ATTACHED
DOCUMENT
OINDIVIDUAL Subordination
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
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❑ GENERAL M1A ER OF PAGES
❑ ATTORNEY-IN-FACT
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EXHIBIT A Subdivision Agreement for Parcel Map 2004-36
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $591,465
Well Construction Cost Estimate $800,000
Sewer System Construction Cost Estimate $309,270
Street& Storm Drain Construction Cost Estimate $5,003,009
Final Cost Estimate (for Inspection Fee purposes) $6,703,744
Sub-Total (for bonding purposes) $6,703,744
Construction Contingency(10%) $670,374
TOTAL COST ESTIMATE*
(for improvement securities purposes) $7,374,118 $7,374,000
*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 $7,005,000
5% of amount shall be in cash or a Certificate of
Deposit made payable to the City of Fresno. 1 $369,000
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 $3,687,000
Faithful Performance 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 I $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 $4,000
0.5% of amount over$500,000 $34,400
Minimum amount $43,400
EXHIBIT A v4/28/00 Prepared By: Frank Date: 10/02/08 Print Date: 10/02/08 11:47:14 AM Page 1 of 1
EXHIBIT B Parcel Map Agreement No. 2004-36
AMOUNT
NET AMOUNT DEFERRED I DUE
EXTENSION DUE AT OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$6,703,744 Final Cost Estimate over$500K $275,146.50
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $275,146.50 $275,146.50
2. STREET TREES
�0 Commercial(5-gallon)Street Trees @ $30.00 per Tree na na (Al)
(Al) Street Tree inspection fees will be
payable at the time of development of each
parcel unless otherwise determined by
Public Works.
3. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director $17,265.26 $17,265.26
4. IRRIGATION PIPELINE(one-time maintenance fee)
�0 Lineal Feet @ $5.00 per LF na na
5. MONUMENTCHECK FEE
Lot&Outlots @ $30.00 per Lot $1,290.00 $1,290.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
95.3015 Gross Acres
88.9275 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
267 LUE(non-residential)
M-1/13A-15 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee $0.00 $0.00 (B1)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: N.Fowler Avenue 50,000 SF
Total Square Feet 50 000 SF
50,000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $5,000.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $5,000.00 $0.00 $5,000.00
EXHIBIT B Parcel Map Agreement No. 2004-36
AMOUNT
NET AMOUNT DEFERRED I DUE
EXTENSION DUE AT OCCUPANCY
(b)Oversize Sewer Charge
371 UGM Reimbursement Area
Frontage: rHarvey
Armstrong Avenue 273,600 SF
Frontage: Avenue 50,000 SF
Frontage: Avenue 190,800 SF
Frontage: Avenue 99 400 SF
Total Square Feet 613,800 SF
613,800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF 530,690.00
Less estimated Oversize Credits $7,900.00
Less estimated Overdepth Credits
Oversize Sewer Charge $22,790.00 $0.00 $22,790.00
(c Trunk Sewer Charge
Fowler 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(559-621-5153)
(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)Time&Material Charges("Wet-Tie")
2007 0402 Estimate Number
5203 Water Job Number
Estimated Deposit(FMC 14-111-f) $50,100.00
®8"Fire Services to be installed by City forces. $25,000.00
Total Time&Materials Charges $75,100.00 $75,100.00
(b1 Service Connection Charges(Water Meters due @ Building Permit
42"Services @ $1,710.00 each $6,840.00 $6,840.00
4 2"Landscape Services @ 1 $1,7 10.001 each 1 $6,840.001 1 $6,840.00
(b2)Landscape Service Connection Charges
13 2"Meters to existing services @ F $530 001 each $6,890.00 $6,890.00
�5 2"Services @ $1,710.00 each F $8,550.00 1 $8,550.00
(c)Frontage Charge
Frontage: N.Armstrong Avenue 1,146 LF
Frontage: N.Fowler Avenue 500 LF
Frontage: E.Belmont Avenue 1,858 LF
Frontage: E.Harvey Avenue 994 LF
Sub-Total Lineal Feet(full rate) 3,504 LF
3,504 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $22,776.00
Less estimated Frontage Charge Credits
Frontage Charge $22,776.00 $0.00 $22,776.00
EXHIBIT B Parcel Map Agreement No. 2004-36
AMOUNT
NET AMOUNT DEFERRED/DUE
EXTENSION DUE AT OCCUPANCY
(d)Transmission Grid Main Charge
E UGM Reimbursement Area
95.3015 Gross Acres @ $643.00 per Gr Acre $61,278.86
Less EstimatedTGM Construction Credits $95 520.00
Transmission Grid Main.Charge $0.00 $0.00 Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
95.30151 Gross Acres @ $243.00 per Gr Acre $23,158.26
Less EstimatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $23,158.26 $0.00 $23,158.26
( UGM Water Supply Fee
501-S Supply Well Service Area
2671 Living Unit Equivalents(non-residential) @ $1,738.00 per LUE $464,046.00
Less Estimated UGM Water Supply Fee Construction Credits $464,046.00
UGM Water Supply Fee $0.00 Paid w/Credits
( Well Head Treatment Fee
501 Well Head Treatment Service Area
2671 Living Unit Equivalents(non-residential) @ $79.00 per LUE $21,093.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $21,093.00 $21,093.00
(h)Rechar a Fee
501 Recharge Service Area
267 Living Unit Equivalents(non-residential) @ $56.00 per LUE $14,952.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee $14,952.00 I $14,952.00
(i)1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
2671 Living Unit Equivalents(non-residential) @ $93.00 per LUE $24 831.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $24,831.00 $0.001 1 $24,831.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES 8 CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
15 Fire Station Service Area
95.3015 Gross Acres @ $1,211.00 per Gr Acre $115,410.12 $0.00 $115,410.12
(b)UGM NEIGHBORHOOD PARK FEE
2 Neighborhood Park Service Area
95.3015 Gross Acres @ $638.00 per Gr Acre $60,802.36 $0.00 $60,802.36
EXHIBIT B Parcel Map Agreement No. 2004-36
AMOUNT
NET AMOUNT DEFERRED I DUE
EXTENSION DUE AT OCCUPANCY
(c UGM MAJOR STREET CHARGE
D-1/E-2 Major Street Zone
88.92751 Adjusted Gross Acres @ $3,161.00 per AG Ac $281 099.83
Less Estimated Major Street Charge Construction Credits $223 568.00
Major Street Charge $57,531.83 $0.00 $57,531.83
(d UG�R STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
88.9275 Adjusted Gross Acres @ $304.00 per AG Ac $27,033.96
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $27,033.96 I $0.00 $27,033.96
(eUG�E SEPARATION CHARGE
Grade Separation Service Area
88.9275 Adjusted Gross Acres @ $0.00 per AG Ac na
( UG�K SEWER FEE
Trunk Sewer Service Area
88.9275 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a FIR�T FEE
0 Sq.Ft.of building space(non-residential) @ $150.00 per 1000 Sq. $0.00,(64)
Fire Impact Fee ]" �t
(b PARK FACILITY IMPACT FEE
0 Living Units(residential) @ $0.00 per Unit na
(c PARKLAND DEDICATION FEE
QUIMBY01 Living Units(residential) @ $0.00 per Unit na
(d NE) W GROWTH AREA MAJOR STREET CHARGE
888.9275 Adjusted Gross Acres @ $8,280.00 per AG Ac $736,319.70
Less estimated Major Street Credits
Major Street Charge $736,319.70�" $0.00 $0.00
(e POLICE ICE FACILITIES IMPACT FEE
0 Sq.Ft.of building space(non-residential) @ $422.00 per 1000 Sq. $0.00 (B4)
Police Facilities Impact Fee $0.001"
EXHIBIT B Parcel Map Agreement No. 2004-36
AMOUNT
NET AMOUNT DEFERRED IDUE
EXTENSION DUE AT OCCUPANCY
( TRAFFIC SIGNAL CHARGE
Average Daily Trips @ $41.47 per ADT $0.00 (84)
Less Estimated Traffic Signal Charge Construction Credits $296,300.00
Traffic Signal Charge $0.00 $0.00
(84) To be paid at time of development
t Citywide Impact Fees due at occupancy(Reso.05-427,428,429)
"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.
Total Impact Fees&Charges $1,235,918.23 $140,265.00 $359,333.53
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $293,701.76
TOTAL(B) IMPACT FEES&CHARGES $140,265.00 $359,333.53
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $433,966.76