HomeMy WebLinkAboutPM 2006-43 - Agreement/Covenant - 8/8/2008 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 0810812008,20080113394
NO FEE-GOVERNMENT CODE 6103
and 27383
City of Fresno
Public Works Department
O P.W. File No. 5494-2006-43
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SUBDIVISION AGREEMENT
PARCEL MAP NO. 2006-43
Subdivision Agreement
Parcel Map No. 2006-43
Page 2
THIS AGREEMENT is made this�_day of ( �� 2008, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and,
FIG TREE PROPERTIES, L.P., a California Limited Partnership, 2037 West Bullard, Suite 186,
Fresno, California, 93711, 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 J, inclusive,of Parcel Map No.2006-43 as recorded in
Book /of_ 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 approval of an amendment to Site Plan Review No. S-06-264 to create a
commercial planned unit development; 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. 2006-43 dated
March 30, 2007 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. 2006-43
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 Califomia, 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. 2006-43
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 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 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.
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. 2006-43
Page 5
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 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 or labor
and shall file with City pursuant to Section 3800 of the Labor Code a Certificate of Workers
Subdivision Agreement
Parcel Map No. 2006-43
Page 6
Compensation and shall maintain a valid policy of Workers Compensation Insurance for the 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,
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
Subdivision Agreement
Parcel Map No. 2006-43
Page 7
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 for any 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
company(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
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
Subdivision Agreement
Parcel Map No. 2006-43
Page 8
$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
for any 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
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,
Subdivision Agreement
Parcel Map No. 2006-43
Page 9
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
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.
Subdivision Agreement
Parcel Map No.2006-43
Page 10
If Subdivider should subcontract all or any portion of the services to be performed underthis
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.
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. 'rhe inspection of the work
Subdivision Agreement
Parcel Map No. 2006-43
Page 11
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.
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 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 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 therefore,the entire cost to City
Subdivision Agreement
Parcel Map No. 2006-43
Page 12
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 Califomia 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
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
Subdivision Agreement
Parcel Map No. 2006-43
Page 13
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 any one 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, Califomia.
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,
Subdivision Agreement
Parcel Map No. 2006-43
Page 14
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.
Subdivision Agreement
Parcel Map No. 2006-43
Page 11f
The parties have executed this Agreement on the day and year first written above.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FIG TREE PROPERTIES, L.P.,
Public Works Department A California Limited Partnership
Patrick W iemiller, Director
By: Granite Park Professional Center, LLC
A California Limited Liability Company
Its General Partner
By: By:
Scott Mozier, P.E., Assi nt Director ilt 4is. anager
ATTEST:
Rebecca E. Klisch, CMC
City Clerk
y
Deputy 7161 oSI
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: (Ii�.' 1/0
John W. Fox,
Deputy City Attorney
Date: 2/I Zr 0 !z'
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On�,� X_& before me, Z
(Here insert name and title oft the officer)
personally appeared nC�\\k
who proved to me on the basis of satisfactory evidence to be the persons}whose name(s) is/aye subscribed to
the within instrument and acknowledged to me that he/siaeA+teiy executed the same in his/Itef/their authorized
capacity(4esj, and that by his/Iter/their signatures) on the instrument the person(.&), 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.
I* KRYSTA MARnt*z
Commlalon # 1672773
WITNESS my hand and official seal. notary►ubuc -Como""
Frpno County
!� "M Anb Oto
(Notary Seal)
Siol;&re`of'Nota&Public
ADDITIONAL OPTIONAL INFORMATION
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2008 Version CAP v12,10.07 800-873-9865 www.NotaryCiasses.com
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On July 28, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, P.E. Assistant Public Works Director, who proved to
me on the basis of satisfactory evidence, to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that heishelthey executed
the same in his/her/their authorized capacity(ies), and that by hisiherltheir signature(s) on
the instrument 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.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
s a—
By
Deputy
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust
recorded on October 5, 2007, in the office of the Fresno County Recorder, as Document No. 2007-
0185510, of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California
limited partnership, as Trustor, Chicago Title Company, as Trustee and BILL BARBIS, as Trustee
under the Will of Tepi Barbis, aka Eptherpe Panas Barbis, deceased and by the Judgment of Final
Distribution to Testamentary Trust recorded September 21, 1992 as Document No. 92143811,
Official Records, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Subdivision Agreement between the City of Fresno and
Owner with respect to Parcel Map No. 2006-43.
DATED: Q 0
BENEFICIARY
LL BARBIS, as Trustee under the Will
of Tepi Barbis, aka Eptherpe Panas Barbis,
deceased and by the Judgment of
Final Distribution to Testamentary Trust
recorded September 21, 1992 as
Document No. b2143811, Official Records,
(Beneficiary to print4ype document
information, Name, Title and attach Notary
Acknovdedgment)
State of California
County of �5
On J O 0� before ine, C Vtkkkkt
,
Notary Public, personally appeared M who proved to me on the basis of
satisfactory evidence to be the erso whose name i esu cubed to the within instrument
and acknowledged to me tha&she/they executed the same i h' er/their authorized capacity 'es),
and that by by�`er/their signature(4 on the instrument the person( or the entity upon behalf of
which the persoiA) 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. IWvEn
Com 0 wo" 1 Thi
noun n�-co
Signature AAA ALA (Seal) M► �
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on January 9, 2006, in the office of the Fresno County Recorder, as Document No. 2006-
0004202 of which the Deed of Trust in, by and between Fig Tree Properties, L.P., a California
limited partnership, as Trustor, Chicago Title Company, as Trustee and TFS Investments, LLC, a
California limited liability Company, Beneficiary, hereby expressly subordinates said Deed of Trust
and its beneficial interest thereto to the foregoing Subdivision Agreement between the City of
Fresno and Owner with respect to Parcel Map No. 2006-43.
DATED: �U l� 20p8"
BENEFICIARY
TFS Investments, LLC, a California limited
liabili mpany
B .
F ier, Manager
-fcc�u�
(Beneficiary to print4ype document
information, Name, Title and attach Notary
Acknowledgment)
State of California
County of fns^e
On k%` 'a 2oe8 before me, �rls �6Y-C6%
Notary Public, personally appeared 72ma" Xvjw, who proved to me on the basis of
satisfactory evidence to be the perso*) whose names ape—subscribed to the within instrument
and acknowledged to me thatdj�lsl y executed the same in4g3;�sir authorized capacity(ias),
and that bydg c&44ok signature(gjon the instrument the person(g), or the entity upon behalf of
which the person(,$)- ted, 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. CHRIS FOXEN
COMM.0754soIS m
�i W*,MY
No"-Pum mlaFRESNO COUNW
jD
Signature (Seal) Co=L Exp.Jan 21,zoos
EXHIBIT A.1 Parcel Map No. 2006-43
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
SUB-TOTAL (see EXHIBIT A.2)
10% CONTINGENCY* $5,000.00
FINAL COST ESTIMATE* $60,000.00
*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 $57,000
5% of amount shall be in cash or a Certificate of Deposit $3,000
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 $30,000
C. WARRANTY SECURITY(due as condition of acceptance of the work)"*
5% of first$50,000 of the Final Cost Estimate $2,500
3% of next$50,000 $300
1% of next$400,000 $0
0.5% of amount over$500,000 $0
Minimum Amount $2,8T01
Printed 04/30/08 9:15:21 AM Page 1 of 1
EXHIBIT A.2
DATE 04/25/2008
HARBISON INTERNATIONAL INC.
PRELIMINARY COST ESTIMATE
for
PARCEL MAP 2006-43
FRESNO, CA.
ITEM DESCRIPTION QUANTITY UNIT EXTENSION
NO. PRICE
------------------------------------------------------------------------
OFF- SITE WORK CEDAR AVE.
1. DRIVEWAY 1 EA $2, 900 .00 $2, 900
2 . 8" SEWER SERVICE 1 EA $3, 000 .00 $3, 000
TOTAL CEDAR AVE. $5, 900
------------------------------------------------------------------------
OFF-SITE WORK HAMPTON WAY
1. H.C. RAMP 1 EA. $850 .00 $850
2. SIDEWALK 2520 SF $4 .00 $10, 800
3 . 6" WATER SERVICE 9 EA $1, 700 .00 $15, 300
4. 2" WATER SERVICE 1 EA $1, 200 .00 $1, 200
5. 2 .5" WATER SERVICE 9 EA $1, 500 . 00 $13, 500
TOTAL HAMPTON WAY. $41, 650
------------------------------------------------------------------------
15 CONTINGENCY $7, 133
TOTAL COST $54, 683
------------------------------------------------------------------------
THE ABOVE COST ESTIMATE IS BASED ON APPROVED PLANS
------------------------------------------------------------------------
------------------------------------------------------------------------
PAGE 1
EXHIBIT B Parcel Map Agreement No. 2006-43
DEFERRED/
DUE @
BUILDING
PERMIT/DUE
NET AMOUNT @
EXTENSION DUE OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
�0 Commercial(5-gallon)Street Trees @ $30.00 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 na
3. IRRIGATION PIPELINE(one-time maintenance fee)
�0 Lineal Feet @ $5.00 per LF na nal
CECK
4. MONUMENTIOLot&OEE is $30.00 per Lot $300.00 $300.00
(Min$200)
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
4.4898 Gross Acres
3.9693 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
23 LUE(non-residential)
CP Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
JJ FMFCD Drainage Area
0.0000 1 Acres per FMFCD @ per Acre na
Local Drainage Fee $0.00 0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Wastewater Facilities Charge
Upon occupancy of the project,the subdivider shall pay the appropriate
sever 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)
Remainder of the Sewer Connection Charges and Fees previously paid through Application 006-12677.
3. WATER CONNECTION CHARGES
Water Connection Charges and Fees previously paid through Application 006.12677.
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
Not in Urban Growth Management(UGM)service am. No UGM hes due.
5. CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a FIRE FACILITIES IMPACT FEE
0 Sq.Ft.of building space(non-residential) @ $236.00 per 1000 sq.ft. $0.00 (B4)
Fire Impact Fee r——— $0.00 $0.00 t
FORM PM Agreement EXHIBIT B v8/14/03 By:Frank Date: Printed 01/30/08 9:13:56 AM Page 1 of 2
EXHIBIT B Parcel Map Agreement No. 2006-43
DEFERRED/
DUE @
BUILDING
PERMIT/DUE
NET AMOUNT @
EXTENSION DUE OCCUPANCY
(16PARK FACILITY IMPACT FEE
0 Living Units(residential) @ $0.00 per Unit 0
(c QUI) MBY PARKLAND DEDICATION FEE
0 Living Units(residential) @ $0.00 per Unit 0
(d)CITYWIDE REGIONAL STREET CHARGE
3.9693 Adjusted Gross Acres @ $12 030.00 per AG Ac $47 750.68
Less estimated Significant Street Credits
Citywide Street Charge �• $0.00 $0.00
(e NEW GROWTH AREA MAJOR STREET CHARGE
3.9693 Adjusted Gross Acres @ 0.00 per AG Ac 0
(e POLICE FACILITIES IMPACT FEE
Sq.Ft.of building space(non-residential) @ $665.00 per 1000 sq.ft. $0.00 (B4)
Police Facilities Impact Fee $0.00 0.00 t
( TRAFFIC SIGNAL CHARGE
0 Average Daily Trips @ $45.98 per ADT 0.00 (154)
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $0.00 $0.00
(134) To be paid at time of development
t Citywide Impact Fees due at occupancy(Reno.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&Charoes $47,750.68 $0.00 $0.001
Note: EXTENSION total includes net resuits of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES 3 CHARGES $300.00
TOTAL(B) IMPACT FEES 3 CHARGES $0.00
TOTAL SUIDDIVIOION FEES and CHARG S DUE WITH AGREEMENT cnh $300.00
FORM PM Agreement EXHIBIT B WIV03 By:Frank Date: Printed 04/30/08 9:13:56 AM Page 2 of 2