HomeMy WebLinkAboutPM 2004-38 - Agreement/Covenant - 9/13/2006 =r.
I
When Recorded Mail To:
09/07/200,6120060188476
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
w
CL. NO FEE-GOVERNMENT CODE 6103
lL 3 and 27383
c.
O
U City of Fresno
Public Works Department
P. W. File No. 5494 - 2004-38
SUBDIVISION AGREEMENT
PARCEL MAP NO. 2004-38
Subdivision Agreement
Parcel Map No. 2004-38
Page 2
THIS AGREEMENT is made this 30 day of T , 2006, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and,
Paul R. DiTomaso, a married man as his sole and separate property, P.O. Box 1445,
Oakhurst, California,93644, 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 K, inclusive, of Parcel Map No. 2004-38 as recorded
in Book-j� 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. 2004-38 dated December 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 of the approval of the Parcel Map for recording.
Subdivision Agreement
Parcel Map No. 2004-38
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. 2004-38
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 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 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:
i. City Drawing Nos:1 0-C1 0078 through 10-C-10080 inclusive (sewer
and water), 15-C-13691 through 15-C-13694 inclusive (streets), and Drawing No.
4-C-914 inclusive (street lighting).
ii. Fresno Metropolitan Flood Control District Drawing Nos: AG-24-1
through AG-24-3, inclusive.
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, attached hereto and
made a part of this Agreement. Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
i. 95% of the Final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
Subdivision Agreement
Parcel Map No. 2004-38
Page 5
6. Prior to the approval of the Parcel Map by the City, the Subdivider shall pay to the
City and/or execute a covenant to defer certain impact fees due which are eligible to be deferred
pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of Parcel Map
approval. The total fees and charges are more particularly itemized in Exhibit B, attached hereto
and made a part of this Agreement.
7. Upon acceptance of the required work 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
the work contracted to be done and for any work or labor thereon of any kind and for amounts due
under the Unemployment Insurance Act of the State of California with respect to such work or labor
and shall file with City pursuant to Section 3800 of the Labor Code a Certificate of Workers
Compensation and shall maintain a valid policy of Workers Compensation Insurance for the
duration of the period of construction.
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
Subdivision Agreement
Parcel Map No. 2004-38
Page 6
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 tgRbg 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.
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.
Subdivision Agreement
Parcel Map No. 2004-38
Page 7
13. Wheneverthe 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 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
Subdivision Agreement
Parcel Map No. 2004-38
Page 8
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,
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.
20. In the event that the actual cost or Final Cost Estimated is in excess of$1,000, all
of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements, and any maintenance of such improvements,
constitutes a"public work" as defined in Chapter 1, Part 7, Division 2 of the California Labor Code
i
Subdivision Agreement
Parcel Map No. 2004-38
Page 9
to which Section 1771 thereof applies, and Subdivider shall cause the work to be performed as a
"public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider
shall fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the
maintenance of bonds to secure payment of contractors, including the payment of wages to
workers performing the work.
Subdivision Agreement
Parcel Map No. 2004-38
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation Paul R. DiTomaso,
A Married Man As His Sole And Separate
Property
Public Works Department
By: - By:
Michael T. Kirn, P.E., Assistant Director Paul R. DiTomaso
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
4 L
A) (Attach Notary Acknowledgments)
Deputy
ACKNOWLEDGMENT
State of California
County of `�ln A, ----------
On -fit cv(2___ before me, Mary Dai/, Notary Public------________—_
--
(here insert name and title of the officer)
personally appeared----- �'�— —_ -),_� - "'-'s v ----------
----------------------- --------- --------- ------
--------------------------------------------------------------------
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person() whose name( is/are-subscribed to the within instrument and
acknowledged to me that he/sho/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(g) on the instrument the person(s),
or the entity upon behalf of which the person( acted, executed the instrument.
AY
WITNESS my hand and official seal. r4 COMM R 1653637 -'
NOTARY PUBLIC-CALIFORNIA
MADERA COUNTY
Signature _ @my Comm.Expires AprH 21,2010
(Seal)
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On September 1. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Michael T. Kim, 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
J
By
Deputy
EXHIBIT A Subdivision Agreement for Parcel Map No. 2004-38
(Construction Requirements)
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $24,260
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $22,348
Street&Storm Drain Construction Cost Estimate $217,020
Final Cost Estimate(for Inspection Fee purposes) $263,628
35 Landmarks, Monuments, Lot& Block Corners ($50/ea) $1,750
Sub-Total (for bonding purposes) $265,378
Construction Contingency(10%) $26,538
TOTAL COST ESTIMATE*
(for improvement securities purposes) IF $291,916 $292,000
*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 $277,000
5% of amount shall be in cash or a Certificate of Deposit $15,000
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 $146,000
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 1 $o
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 $2,000
0.5% of amount over$500,000 $0
Minimum amount $7,000
EXHIBIT A v4/28/00 Prepared By: LouisR Date: 07/06/06 Print Date:07/06/06 9:22:16 AM Pagel of 1
EXHIBIT B Parcel Map Agreement No. 2004-38
AMOUNT
NET AMOUNT DEFERRED/DUE
EXTENSION DUE AT OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
Commercial(5-gallon)Street Trees @ per Tree na na (A1)
(Al) Street Tree inspection fees will be
payable at the time of development of each
parcel unless otherwise determined by
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 na nal
3. IRRIGATION PIPELINE(one-time maintenance fee)
0 Lineal Feet @ $5.00 per LF na nal
4. MONUMENT CHECK FEE
11 Lot&Outlots @ $30.00 per Lot $330.001 $330.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
7.6100 Gross Acres
7.0175 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
21 LUE(non-residential)
M-1 Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AG FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre $0.00
Local Drainage Fee $0.001 $0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: N.Brawley Avenue F 3.6R SF
Total Square Feet 3,00 SF
3 000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $300.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge r $300001 $300.00
(b)Oversize Sewer Char e
Frontage: N.Brawle Avenue 48,700 SF
Total Square Feet 48 700 SF
48 700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $2 435.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge r $2,435.00 $0.00 $2,435.00
EXHIBIT B Parcel Map Agreement No. 2004-38
AMOUNT
NET AMOUNT DEFERRED/DUE
EXTENSION DUE AT OCCUPANCY
(c)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 and/or meters due at time of Development.
(b)Frontage Charge
Frontage: N.Brawiey Avenue 487 LF
Sub-Total Lineal Feet(full rate) 487 LF
487 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $3,165.50
Sub-Total Frontage Charge $3,165.50
Less estimated Frontage Charge Credits $0.00
Frontage Charge $3,165.50 $0.00-1 1 $3,165.50
(c)Transmission Grid Main Charge
7 6 1001 Gross Acres @ F $643 001 per Gr Acre F $_4893 23
Less EstimatedTGM Construction Credits F $0.00
Transmission Grid Main Charge $4,893.231 $0.00 1 $4,893.23j
(d)Transmission Grid Main Bond Debt Service Charge
7.6100 Gross Acres @ $243.00 per Gr Acre $1,849.23
Less EstimatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $1 849.231 $0.00 $1 849.23
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
Not in Urban Growth Management(UGM)Service Area
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)—F—IRE IMPACT FEE
�JSq.Ft.of building space(non-residential) @ F $150.00 per 1000 Sq.Ft. $0.00 (84)
Fire Impact Fee 0.00 " $0.00 $0.00
(b)POLICE FACILITIES IMPACT FEE
0 Sq.Ft.of building space(non-residential) @ $422.00 per 1000 Sq.Ft. $0.00 (84)
Police Facilities Impact Fee 0.00 " $0.00 $0.00
(c)TRAFFIC SIGNAL CHARGE
0.0000 Sq.Ft.of building space(non-residential) @ $0.29 per Sq.Ft. $0.00 (B4)
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge $0.00 " $0.00 $0.00
EXHIBIT B Parcel Map Agreement No. 2004-38
AMOUNT
NET AMOUNT DEFERRED/DUE
EXTENSION DUE AT OCCUPANCY
(134) To be paid at time of development
"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 $12,642.96 $0.00 $12,642.96
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $330.00
TOTAL(B) IMPACT FEES&CHARGES $0.00 1 $12,642.96
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $330.00