HomeMy WebLinkAboutPM 2010-07 - Agreement/Covenant - 11/2/2016 (5) RECORDING REQUESTED BY AND IIII III I IIII li II II IIII III I II I IIIIII I IIII I VIII I II
WHEN RECORDED MAIL TO: FRESNO County Recorder
City Clerk Paul Dictos, C,P,A.
City of Fresno DOC— 2016-0150830
2600 Fresno Street Acct 8004-Placer Title - Fresno ER
Fresno, CA 93721-3603 Tuesday, NOV 01, 2016 08:00:00
Tt 1 Pd $97-00 Rcpt # 0004641986
RGR/R4/2-27
NO FEE-GOVERNMENT CODE 6103
and 27383 i
City of Fresno
Public Works Department
P.W. File No. 5494-2010-07
SUBDIVISION AGREEMENT
PARCEL MAP NO. 2010-079
PHASE 1 OF VESTING TENTATIVE PARCEL MAP NO. 2010-07
Subdivision Agreement
Parcel Map No. 2010-07
Page 2
THIS AGREEMENT is made thisday of �)C7l�CsE,( ��P by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as"City,"and, FRESNO
40 LIMITED PARTNERSHIP, LP, a California Limited Partnership and DEWAYNE ZINKIN
FAMILY PARTNERSHIP, LP, a California Limited Partnership, 5 East River Park Place West,
Suite 203, Fresno, CA, 93720, 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 P, inclusive and Outlot A of Parcel Map No. 2010-07
according to the map thereof recorded in Book r ' of Parcel Maps at
Page(s)9 9 - BD, Fresno County Records; and
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 15-3506 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. 2010-07 dated March 1, 2011 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. 2010-07
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 construction standards contained in the most current 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 15, Articles 35 and 36 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
3
Subdivision Agreement
Parcel Map No. 2010-07
Page 4
following:
a. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522. The
Subdivider shall construct a complete underground street light system as approved by the
City Engineer prior to final acceptance of the parcel map. Height, type, spacing, etc., of
standards and luminaries shall be in accordance with Resolution No. 78-522 and shall be
approved by the City Engineer.
b. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 6,Article 5 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 6,Article 3 of the Fresno Municipal Code and all applicable
charges shall apply.
d. All storm water runoff and other surface drainage shall be discharged in
accordance with the California Building Code as may be amended and City approval of a
storm drainage and grading plan obtained by the Subdivider.
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 licensed to do business in California subject to the approval
of the City and on forms furnished or approved by the City, Certificates of Deposit that is made
payable only to the City of Fresno in a form acceptable to the City Attorney's office.
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
certificate of deposit made payable only to the City of Fresno ; 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 certificate of deposit
made payable only to the City of Fresno.
Subdivision Agreement
Parcel Map No. 2010-07
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. 2008-100 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
Subdivision Agreement
Parcel Map No. 2010-07
Page 6
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
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 15-3807
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.
a. 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, litigation
and legal expenses incurred by City or held to be the liability of City, including plaintiffs or
petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any
proceeding), arising or alleged to have arisen directly or indirectly out of performance or in
any way connected with: (i) the making of this Agreement; (ii) the performance of this
Agreement; (iii)the performance or installation of the work or improvements by Subdivider
Subdivision Agreement
Parcel Map No. 2010-07
Page 7
and Subdivider's employees,officers,agents,contractors or subcontractors;(iv)the design,
installation, operation, removal or maintenance of the work and improvements; or(v)City's
granting, issuing or approving use of this Agreement.
b. Subdivider's obligations under the preceding sentence shall apply regardless
of whether City or any of its officers, officials, employees or agents are negligent, but shall
not apply to any loss, liability,fines, penalties,forfeitures,costs or damages caused solely by
the gross negligence, or caused by the willful misconduct, of City or any of its officers,
officials, employees, agents or authorized volunteers.
C. 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 paragraphs "a" and "b" of this Section.
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 paragraphs "a" and "b" of this Section, be required to indemnify,
hold harmless and defend City and each of its officers, officials, employees, agents 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.
d. 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 Subdivider at al) times prior to final acceptance by City of the completed
street and other improvements thereon and therein.
e. 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:
Subdivision Agreement
Parcel Map No. 2010-07
Page 8
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 $5,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000
aggregate for products and completed operations, and $10,000,000 general aggregate.
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.
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(ies) 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
b
Subdivision Agreement
Parcel Map No. 2010-07
Page 9
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 five (5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five
(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, 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/its subcontractors shall not be
deemed to release or diminish the liability of Subdivider or his/her/its 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/its
subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve
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
Subdivision Agreement
Parcel Map No. 2010-07
Page 10
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 for the City, 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 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 Engineerwho 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
Subdivision Agreement
Parcel Map No. 2010-07
Page 11
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
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
Subdivision Agreement
Parcel Map No. 2010-07
Page 12
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 orwithin 48 hours afterthe 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 Chapter 15,
Article 38 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,
' Y
Subdivision Agreement
Parcel Map No. 2010-07
Page 13
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 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.
For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without
limitation, paralegals'fees and expenses,attorneys, consultants fees and expenses,expert witness
fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course
of the representation of the prevailing party in anticipation of and/or during the course of litigation,
whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law,and the
same may be sought and awarded in accordance with California procedure as pertaining to an
award of contractual attorneys' fees.
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
Subdivision Agreement
Parcel Map No. 2010-07
Page 14
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. The provisions of this Agreement are severable. The invalidity or unenforceability of
any one provision in this Agreement shall not affect the validity or enforceability of the other
provisions, which shall remain in full force and effect.
25. 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.
26. 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. 2010-07
Page 15
The parties have executed this Agreement on the day and year first written above.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FRESNO 40 LIMITED PARTNERSHIP, LP
Public Works Department A California Limited Partnership
Scott Mozier, P.E., Director
By: DEWAYNE ZINKIN FAMILY
PARTNERSHIP, LP
• A California Limited Partnership
By: Its Sole General Partner
Andrew J. Beneyl.E., Assistant Director
By: ZINKIN MANAGEMENT, LLC
A California Limited Liability Company
Its Sole General Partner
APPROVED AS TO FORM: By:
De gyne man s Sole Manager
DOUGLAS T. SLOAN
City Attorney
DEWAYNE ZINKIN FAMILY PARTNERSHIP,
•. LP, A California Limited Partnership
By: By: ZINKIN MANAGEMENT, LLC
Raterman-Doidge A California Limited Liability Company
Deputy City Attorney Its Sole General Partner
Al to
Date: ! By: 1/2
De gyne Z kin, ' Sole Manager
(Attach Notary Acknowledgments)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On September 28, 2016 before me, Mary K. Copeland, notary public
(insert name and title of the officer)
personally appeared DeWayne Zinkin
who proved to me on the basis of satisfactory evidence to be the personm whose name*is/ara
subscribed to the within instrument and acknowledged to me that he/s4eAtw-y executed the same in
his/hauthorized capacity(ier'), and that by his/he- signature(.0 on the instrument the
person(-s- ,, or the entity upon behalf of which the person 4 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.
MARY K.COPELANO
WITNESS my hand and official seal. LIM
Notary Public-California
qr�- Froano Cou"
C4mQ.�tiorl:
&&NMm.f i ir"hi 24,2020
Si (Seal)
\I°
A notary public or other'officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On October 17, 2016 before me, Cindy J. Bruer, Deputy City Clerk, personally appeared,
Andrew J. Benelli, Assistant Director of the Public Works Department of the City of Fresno, who
proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State. of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE, CMC
City Clerk, City of Fresno
nn �y of FR fs
By
pU y sx e
R'ETED Oft'
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on August 30, 2016, in the office of the Fresno County Recorder as Document
No. 2016-0115717-00, of which the Deed of Trust, in, by, and between: Fresno 40 Limited
Partnership, .LP, a California limited partnership, and DeWayne Zinkin Family Partnership, LP, a
California limited partnership, as Trustor, Placer Title Company, as Trustee, and U.S. Bank
National Association, d.b.a., Housing Capital Company, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement for the Parcel Map No. 2010-07, Phase 1 of Vesting Tentative Parcel Map No. 2010-
07.
Dated: September 29, 2016
BENEFICIARY
U.S. Bank, a National Association,
Successor in interest to Housing Capital
Companp
a Minnesota Partnership
By: l --I VJAI L
Name: Thomas G. Walker
Title: Senior Vice President
(Beneficiary to print/type document information,Name,
Title,and attach Notary Acknowledgment).
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On September 29, 2016 before me, Mary K. Copeland, notary public
(insert name and title of the officer)
personally appeared Thomas G. Walker
who proved to me on the basis of satisfactory evidence to be the person(, whose name(.s-)-is/aF&
subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
his/heq4heif authorized capacity(.ie4 and that by his/be4tbeir signature4Q 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.
MA'60RY K.COPELAND
WITNESS my hand and official seal. Notary Public -California
Z :�,: Fresno County Z
Z Commission#r 2154984
My Comm.Expires Jun 24,2020
Sign ure (Seal)
o•
EXHIBIT A.1
Parcel Map No. 2010-07
A. APPROVED PUBLIC IMPROVEMENT COST ESTIMATES
For itemized descriptions and cost see Exhibit A.2 $329;971..5.0
SUB-TOTAL -- -$329,971.50
10% CONTINGENCY-1 $33,000.00
FINAL COST ESTIMATE-1 $229,846.00
"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 authorized corporate $218;000.00.
sureties
5% of amount shall be in Cash or a Certificate of Deposit $1.1;000.0.0
Payment Security (50%of Final Cost Estimate)*"
100%of amount shall be in the form of a Bond by duly authorized 511.4,900:00
corporate sureties
C. WARRANTY SECURITY(due as condition of acceptance of the work)""
5%of first$50,000 of the Final Cost Estimate S3,000.00
3%of next$50,000 52;000.00
1% of next$400,000 $1,000.00
0.5% of amount over$500,000 $0.00
Minimum Amount F7 $6,00no
EXHIBIT A.2
Ia
IBA
CIVIL ENGINEERING & LAND SURVEYING
RCE#61308 PLS#8619
ENGINEER'S ESTIMATE
PM 2010-07
PARK CROSSING
1. Cole Avenue Trail Reconstruction
LumpSum............................................................................ $13,816.00
2. Sidewalk/Street Trees Along Friant and Fresno Streets. .......... $396.00
3. Fresno Street/Riverpark Striping and Pedestrian Push
Button.....................................................................................$8,391.00
4. Fresno Street/Friant Striping
Lump Sum......................................................... .............. $3,264.00
5. Fresno/Audubon Striping
LumpSum.............................................................................. $3,264.00
6. Friant Road Right Turn Lane Extension (250')
LumpSum.........................................................:.................. $11.300.00
Total ....................................................................................$40,431.00
5477 E. Hedges Ave. • Fresno, CA 93727 • Tel: (559)291.0427 • Fax: (559)255-2685
EXHIBIT A.2
h1 �3
am.
IBA
CIVIL ENGINEERING & LAND SURVEYING
RCE#61308 PLS#6619
Preliminary Engineer's Estimate
Friant Road Widening at Shepherd
2/25/2016
Unit of
Item# Description of Work Quantity Measure Unit Price Total
1 Cleaning and Grubbing 1 LS $15,000.00 15,000.00
2 SWPPP 1 Ls $2,500.00 2,500.00
3 SWPPP set up and implementation 1 LS $2,500.00 2,500.00
4 Dust Control 1 LS $5,000.00 5,000.00
5 Traffic Control 1 LS $10,000.00 10,000.00
6 Asphalt(Type B) 105 Ton $95.00 9,975.00
7 Aggregate Base(Class 2) 155 Ton $40.00 6,200.00
8 Excavation and Subgrade Prep 280 Cy $14.00 3,920.00
9 Soil Disposal 90 CY $10.00 900.00
10 Concrete Sidewalk 100 SF $7.00 700.00
11 Install Detectable Warning Devices 2 EA $250.00 500.00
12 Concrete curb ramp 430 SF $9.00 3,870.00
13 Sawcut 675 LF $2.00 1,350.00
14 Concrete Curb and gutter 615 LF $14.00 8,610.00
15 7"AC plug 3 Ton $130.00 390.00
16 Remove existing street light 1 EA $3,000.00 3,000.00
17 Furnish and install street light 1 EA $7,000.00 7,000.00
18 Traffic Signal Modifications 1 LS $75,000.00 75,000.00
19 Loop Detectors 16 EA $500.00 8,000.00
20 Thermoplastic signing/striping 1 LS $15,000.00 15,000.00_
21 Plans and Engineering 1 LS $10,000.00 10,000.00
Total 189,415.00
5477 E. Hedges Ave. • Fresno, CA 93727 • Tel: (559)291-0427 • Fax: (559)255.2685
n�
v
EXHIBIT B Parcel Map No. 2010-07
AMOUNT
DEFERRED, AMOUNT DUE @
NET AMOUNT DUE @ BUILDING AMOUNT DUE @
EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1.STREETTREES
Commercial(5-gallon)Street Trees @ $30.00 per Tree na na(Al)
(Al)Street Tree inspection fees will be
payable at the time of development of each
parcel unless otherwise determined by
Public Works.
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)
O Lineal Feet @ $5.00 per LF na na
4.MONUMENT CHECK FEE
17 Lots&Outlots @ $30.00 per Lot $510.00 $510.00
(Min$200)
TOTAL MISCELLANEOUS FEES&CHARGES $510.00 $510.00
EXHIBIT B 111111111 Printed 13/01/16 11111P11 Page 1 of 5
EXHIBIT B Parcel Map No. 2010-07
AMOUNT
DEFERRED, AMOUNT DUE @
NET AMOUNT DUE @ BUILDING AMOUNT DUE @
EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
25.5612 Gross Acres
21.2061 Net Acres
21.2061 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
123 LUE(non-residential)
-21cz,CPlcz Zoning
u m Input"ugm"if within the Urban Growth Management Area or-no"
1. LOCAL DRAINAGE FEES
CW FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charges previously satisfied through Assessmant District 100. No Fees Due.
(b)Oversize Sewer Charge
UGM Reimbursement Area
Oversize Sewer Charges previously satisfied through Assessmant District 100. No Fees Due.
(c Trunk Sewer Charge
Herndon Trunk Sewer Service Area
Upon occupancy of the project,the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple
Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5153)
(d)Wastewater Facilities Charge
Upon occupancy of the project.the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple
Tiered Equity Program(STEP)as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5153)
(e Sewer Ca acity Enhancement Charge
Herndon Trunk Sewer Service Area
123 LUE(non-residential) @ 5693.00 per Unit na na
EXHIBIT B x11101101, Primed 03/01/16 5:00:31 PM Page 2 of 5
EXHIBIT B Parcel Map No. 2010-07
AMOUNT
DEFERRED, AMOUNT DUE @ .
NET AMOUNT DUE @ BUILDING AMOUNT DUE @
EXTENSION DUE OCCUPANCY PERMIT .00CUPANCY
3. WATER CONNECTION CHARGES
(a Tlme&Material Charges("Wet-Tie")
Estimate Number
Water Job Number
Estimated Deposit(FMC 14-1114) na na
(b)Service Connection Charges
Fees for Water Service Connections and/or Meters due at time of development. Charges based on service sizes determined by the Developer.
(c)Frontage Charge
Frontage Charges previously satisfied through Assessmant District 100. No Fees Due.
(d Transmission Grid Main Charge
UGM Reimbursement Area
Transmission Grid Main Charges previously satisfied through Assessment District 100. No Fees Due.
(e Transmission Grid Main Bond Debt Service Charge
25.5612 Gross Acres @ $243.00 per Gr Acre $6 211.37
Less amount paid with Building Permits 14-9992,15-2364,
154503,15-5659 $1 764.45
Transmission Grid Main Bond Debt Service Charge $4,426.92 $221.27 $4,205.65
• Fee Due for Parcels C.E,H,and N,previously permitted.
( UGM Water Supply Fee
101-5 ISupply Well Service Area
123 Living Unit Equivalents(non-residential) @ $456.00 per LUE $56,088.00
Less amount paid with Building Permits 14-9992,15-2364,
15-4503.15-5659 $19.152.00
UGM Water Supply Fee $36,936.00 $36,936.00
EXHIBIT B v11/O11D1 Printed 03101/16 5:00:38 PM Page 3 of 5
EXHIBIT B Parcel Map No. 2010-07
AMOUNT
DEFERRED, AMOUNT DUE @
NET AMOUNT DUE @ BUILDING AMOUNT DUE @
EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY
( Well Head Treatment Fee
101 JWell Head Treatment Service Area
123 Living Unit Equivalents(non-residential) @ $0.00 per LUE na
(h Rechar a Fee
101 Recharge Service Area
123 Living Unit Equivalents(non-residential) @ 50.00 per LUE na
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
123 Living Unit Equivalents(non-residential) @ $895.00 per LUE $110.085.00
Less amount paid with Building Permits 14-9992.15-2364.
15-4503,15-5659 $37 590.00
1994 Bond Debt Service Fee $72 495.00 $5 370.00 $67 125.00
4, CITYWIDE IMPACT FEES 8 CONSTRUCTION CREDITS
(a FIRE FACILITIES IMPACT FEE
0 Sq.Ft.of building space(non-residential) @ $0.00 Ft. $0.00(B4)
(b PARK FACILITY IMPACT FEE
Living Units(residential) @ $0.00 per Unit na
(c)QUIMBY PARKLAND DEDICATION FEE
0 Living Units(residential) @ $0.00 per Unit na
(d CITYWIDE REGIONAL STREET CHARGE
21.2061 Adjusted Gross Acres @ $20 233.00 per AG Ac 5429,063.02
Less estimated Significant Street Credits $95,001.91
Citywide Street Charge 5334,061.11 $19,369.26' $314,671.83 g
(e)NEW GROWTH AREA MAJOR STREET CHARGE -
r New Growth Major Street Charge previously satisfied through Assessment District 100. No Fees Due.
EXHIBIT B v11/01101 Printed 03/01/16 5:00:36 PM Page 4 of 5
EXHIBIT B Parcel Map No. 2010-07
AMOUNT
DEFERRED, AMOUNT DUE @
NET AMOUNT DUE @ BUILDING AMOUNT DUE @
EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY
(�POLICE FACILITIES IMPACT FEE
Sq.FL of building space(non-residential) @ $0.00 Ft. $0.00(B4)
( TRAFFIC SIGNAL CHARGE
ADT's (non-residential) @ $0.00 ADT $0.00(B4)
(134)To be paid at time of development
' Fee Due for Parcels C,E,H,and N,previously permitted.
t Citywide Impact Fees due at occupancy(Reso.05-427,428,429)
§ Citywide Street Charge and New Growth Area Major Street Carge due at Building Permit(Reso.07-291)
Total Impact Fees&Char cs S464,968.73 $61,916.55 S88,380.35 $314,671.83 50.00 -
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A)MISCELLANEOUS FEES&CHARGES $510.00
TOTAL(B)IMPACT FEES&CHARGES $61.916.55 588,380.35 $314,671.83 50.00
[TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $62,426.55
a
EXHIBIT B 01/01/01 Printed 03/01/16 5:00:38 PM Page 5 of 5