HomeMy WebLinkAboutPM 2009-06 - Agreement/Covenant - 1/12/2011 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103 01/12/2011,20110004438
and 27383
City of Fresno
Public Works Department
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O P.W. File No. 5494-2009-06
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SUBDIVISION AGREEMENT
PARCEL MAP NO. 2009-06
Subdivision Agreement
Parcel Map No. 2009-06
Page 2
THIS AGREEMENT is made this ZZ dayof DCCCMLi C K 2010, by and between
the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, FRESNO
COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, a Political Subdivision of the State of
California, 1111 "H"Street, 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 and B of Parcel Map No. 2009-06 as recorded in
Book 70 of Parcel Maps at Page(s) (o? fi �?�, 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. 2009-06 dated July 22, 2009 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. 2009-06
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. 2009-06
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. This condition has been satisfied per Exhibit"C,"attached
hereto and made a part of this Agreement.
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. The improvements are more particularly itemized in Exhibit "A.2," 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.1." 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.
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
Subdivision Agreement
Parcel Map No. 2009-06
Page 5
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. Subdivider may receive designated fee credits from the City as
offsets toward a UGM or development impact fee for construction of certain required infrastructure
improvements either as apart of this Agreement or at some future date. Subdivider acknowledges
and agrees any such fee credits are provided contingent upon the City accepting required
infrastructure improvements completely installed by Subdivider. Until then,and notwithstanding any
other provision, Subdivider expressly agrees Subdivider has no right to any portion of any fee credit
and the Director of Public Works for the City, in the Director's sole discretion, may unilaterally amend
this Agreement effective upon mailed notice to Subdivider to adjust(including adding, reducing or
removing)credits at any time prior to acceptance of all required infrastructure improvements by City.
Upon adjustment, Subdivider shall pay in full any UGM or development impact fees, due from
modification of the fee credit, prior to approval of the Parcel Map or as may be deferred by a fee
deferral covenant. If the Parcel Map has already been approved and there is no applicable fee
deferral covenant, all such fees shall be promptly paid by Subdivider. The City may enforce
recovery of such fees in any manner available at law or in equity, including but not limited to private
foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil
Code or successor statute.
7. Upon acceptance of the required work by the City Engineer,a warranty security shall
Subdivision Agreement
Parcel Map No. 2009-06
Page 6
be furnished to or retained by City in the minimum amount identified in said Exhibit "A.1," 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. Indemnification. To the furthest extent allowed by law, Covenantor 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, Covenantor 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 the construction or installation of any structures or
improvements on the Subject Property, or the maintenance of the Subject Property. Covenantor's
obligations under the preceding sentence shall apply regardless of whether Covenantor 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
Subdivision Agreement
Parcel Map No. 2009-06
Page 7
the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Covenantor should subcontract all or any part of the construction or installation of
structures or improvements on the Subject Property, or the maintenance of the Subject Property,
Covenantor 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 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.
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
Subdivision Agreement
Parcel Map No. 2009-06
Page 8
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. WORKERS' COMPENSATION insurance as required under the California
Labor Code. Subdivider shall file with the City pursuant to Section 3800 of the Labor Code,
a Certificate of Workers' Compensation.
d. 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, Sudivider 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. Any Workers' Compensation insurance
policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and
Subdivision Agreement
Parcel Map No. 2009-06
Page 9
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.
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.
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 Engineerwho may determine additional test procedures, and additional
locations to be tested. All materials testing for improvement work within the public easements and
Subdivision Agreement
Parcel Map No. 2009-06
Page 10
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. 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.
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
Subdivision Agreement
Parcel Map No. 2009-06
Page 11
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
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.
Subdivision Agreement
Parcel Map No. 2009-06
Page 12
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 complywith
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
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.
Subdivision Agreement
Parcel Map No. 2009-06
Page 13
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.
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.
Subdivision Agreement
Parcel Map No. 2009-06
Page 14
The parties have executed this Agreement on the day and year first written above.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FRESNO COUNTY EMPLOYEES'
Public Works Department RETIREMENT ASSOCIATION,
Patrick Wiemiller, Director a Political Subdivision of the State of
California
By: ".," Xl�
Sc tt Mozier, P.E., As9fstant Director
By:
Eulalio Gomez, Chairmen
FCERA Board of Retirement
APPROVED AS TO FORM: f
By:
_L
JAMES C. SANCHEZ James E. Hackett, Vice-Chairman
City Attorney FCERA Board of Retirement
By: •
S affin,
De y City Attorney
�2�p (Attach Notary Acknowledgments)
Date:
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On I-4K l �U before me, elt L �'( r.3 7
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidenc t e thepersonuhose nam � lare subscribed to
the within instrument and knowledged to me that(h, 'she/they executed the same in(1� /her/their authorized
jcapacity,aw), and that bv(liislher/their signature(s) on the instrument the person(s� or the entity upon behalf of
which the persons) 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.
KIM M. JANTZ
`" - , My Comm.COMM. #1743360
WITNESS my hand and official seal.
;''' NOTARY PUBLIC CALIFORNIAQ
�- • FRESNO COUNTY
e, `rte
Exphes lune 1,2011
(Notary
Signature of Notary Public S
ADDITIONAL OPTIONAL INFORlV1ATION
Ii ISTRUC.70NS FOR COMPLETLNG THIS FOR14I
tiny acknowiedgment completed in California must contain verbiage exactly as
DESCRIPTION OF TTS.ATTACHED DCCU1b1E'1'I' appears above in the notary section or a separate acknowledgment form must,oe
properly completed and attached to :hat document. ne only aYceotton is if a
document is to be recorded outside of California.1n such instances.any alternative
(Title or aesenptton of attached document) acknowledgment verbiage as may be Printed an such a document so long as the
verbiage does not require the nntary to do something that is illegal far a norary in
Cadfamia (i.e. certifying the authorized capacity of the signer). Please check the
(Tule or description of attached document continued) docutnent carefully for proper notarial wording and attach this form ifregt red.
• State and County information must be the State and County where the document
Number of Paces Doctunent Date signer(s)personally appeared before the notary public for acicnowledgmem.
• Date of notarization must be the date that the signers)personally appeared which
i
must also be the same date the acknowiedgtnent is compieted•
(Addittonat information) • The notary public must print his or her name as it appears within his or her
commission foilowed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY Ci.AID/IED BY THE SIGN TR ■ Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) aet'shelow} -is/we)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) "sufficient area permits;otherwise complete a different acknowledgment form.
❑ Parmer(s) - Signature of the notary public must match the signature an file with the office of
the county cleric.
❑ Attorney-(n-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different aecurstent.
❑ Other Indicate title or type of attached document,number of pages and dare.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the Bile(i.e.C50,CFO,Secretary).
Securely attach this document to the signed document
2009 Version CAPA v12.10.07 300-3T-9865 www.NotaryCLuses.com
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACK tO) LEDGMENT
i
State of California
County of
q
On be' me, !/ C
(Here//nett name and title of rhe officer)
personally appearedYOr
who proved to me on the basis of satisfactory evidence to be the person whose name are subscribed to
the within instrument and, cimowledzed to me that{�i�,/sherthev executed the same ' s/ er/their authorized
capacity, and that b hi /her/their sienature4al on the instrument the person(s-, or the entity upon behalf of
which the person acre , e=ecutedthe instrument.
I ceriify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
9 KIM M. JANTZ
t COMM, #1743360 -+
WZTNES my hand d official seal.
�j NOTARY PUBLIC•CALIFORNK
FRESNO COUNTY M
My Comm.Expires June 1,2011
(Notary Sear
3ienature of Notary Public
ADDITIONAL, OPTIONAL Pii FORMATION
INSTRUCTIONS FOR COMPLETLNG= FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE--=.A.0:-IED DCCT-1,ENT appears above in the notary section or a separate acknawiedgment form must,be
properly completed and attached to ?hat docwnenc Me only zxcapaon is if a
document is to be recorded outside of California..n such instances,any alternative
(Title or description of artachea document) acknotvledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
(Tide or description of attached document continued) doctment carefully Jar proper notarial wording and attach this form if required
State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Data of nomnzavon must be the date chat the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additionai information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print die name(s) of document signer(s) who personally appear at the time of
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2o08 Version CAPA v12.10.07 300-373-9663 www.NotaryClasses.com
CITY'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On T)2C r1bEf DID before me, P.f�1e. L- &&Y' ,r('
Deputy City Clerk personally appeared, 'bCc DZIer , ?E . , Ar
proved to me on the basis of satisfactory evidence to be the persons(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(s) 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
DEPUTY
EXHIBIT A.1
Parcel Map No. 2009-06
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
DESCRIPTION I QUANTITY UNIT UNIT COST UNIT EXTENSION
See Exhibit A.2 for the descritpion and cost of the improvements
SUB-TOTAL $31,300.00
10% CONTINGENCY* $3,000.00
FINAL COST ESTIMATE* $34,000.00
*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 subdivision 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 $32,000.00
authorized corporate sureties or irrevocable Letter of Credit
5% of amount shall be in Cash or a Certificate of Deposit $2,000.00
Payment Security (50% of Final Cost Estimate)**
100% of amount shall be in the form of a Bond by duly $17,000.00
authorized corporate sureties or irrevocable Letter of Credit
C. WARRANTY SECURITY (due as condition of acceptance of the work)**
5% of first$50,000 of the Final Cost Estimate $2,000.00
3% of next$50,000 $0.00
1% of next$400,000 $0.00
0.5% of amount over$500,000 $0.00
Minimum Amount $2,000.00
EXHIBIT A. 2
P.M. 2009-06
FCERA-FRESNO STATION
ENGINEER'S ESTIMATE
OFF-SITE REPAIRS
1. "H" Street Driveway Approach $11,800.00
2. Tulare Street Driveway Approach $ 4,250.00
3. Tulare Street Sidewalk $ 7,800.00
4. Upgrade Handicap Ramp $ 3,300.00
5. Traffic Control $ 1,650.00
6. Job Supervision & Coordination $ 2,500.00
Estimated Total $31,300.00
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R.W.GREENWOOD ASSOCIATES, INC.
CIVIL ENGINEERING - LAND SURVEYING - PLANNING
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City-of EXHIBIT
PUBLIC WORKS DEPARTMENT
City Hall•(559)621-8800 Patrick N.Wiemiller Fresno
2600 Fresno Street Director
Fresno,California 93721-3615 U-Amfftu C"
www.ftesno.gov - I I I I I
RECEIVED 2000
October 19, 2009
JAN 14 2010 -OCT 2 0 g
`
CITY OF FRrSNO By, offa 70
BUILDING & SAFETY SERVIC "S
Ron Greenwood
R.W. Greenwood Associates, Inc.
2558 E. Olive Avenue
Fresno, Ca. 93701
SUBJECT: REQUEST FOR A WAIVER OF UNDERGROUND UTILITIES
ON PARCEL MAP 2009-06
Dear Mr. Greenwood:
Public Works has reviewed your request for a waiver of the requirement to install all existing
overhead utilities underground on Parcel Map 2009-06.
Your request to retain the existing overhead utilities is approved because the installation of
an underground utility system as required by Parcel Map 2009-06 will not make a substantial
contribution to the complete undergrounding of the immediate area and there isn't any
extenuating circumstances that would require replacement of the existing overhead system.
Please call Gary Witzel at 621-8725 if you have any questions.
Sincerely,
Scott Mozier, P.E.
Assistant Director/ City Engineer
SC/GW/10/16/09
c:
Alan Kawakami