Loading...
HomeMy WebLinkAboutPM 2010-09 - Agreement/Covenant - 3/21/2014 (4) When Recorded Mail To: City Clerk City of Fresno 2600 Fresno street 03/20/2014,20140031663 Fresno, CA 93721-3603 NO FEE-GOVERNMENT CODE 6103 and 27383 City of Fresno Public Works Department P.W. File No. 5494-2010-09 0 LL z 0 U W [17 w SUBDIVISION AGREEMENT a PARCEL MAP NO. 2010-09 Subdivision Agreement Parcel Map No. 2010-09 Page 2 THIS AGREEMENT is made this f/ 2�' day of ftlow-A 201* , by and between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, PAINTBRUSH, LLC, a California Limited Liability Company, 1322 East Shaw Avenue, Suite 340, Fresno, California, 93710, 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 D, inclusive, of Parcel Map No. 2010-09 as recorded in Book °'12. of Parcel Maps at Page(s) :i itin 17- , 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. 2010-09 dated September 23, 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. 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: Subdivision Agreement Parcel Map No. 2010-09 Page 3 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 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: 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. Subdivision Agreement Parcel Map No. 2010-09 Page 4 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," 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 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. 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 Subdivision Agreement Parcel Map No. 2010-09 Page 5 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 a part 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 be furnished to or retained by City in the minimum amount identified in said Exhibit "A," for Subdivision Agreement Parcel Map No. 2010-09 Page 6 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. 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 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 Subdivision Agreement Parcel Map No. 2010-09 Page 7 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 orany 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 all 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: 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 Subdivision Agreement Parcel Map No. 2010-09 Page 8 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 $5,000,000 per accident for bodily injury and property damage. C. PROFESSIONAL LIABILITY(Errors and Omissions)insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to the Subdivider), with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 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(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 a new certificate and all applicable endorsements for such policy(ies). Subdivision Agreement Parcel Map No. 2010-09 Page 9 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 anyone employed directly or indirectly by any of them. Subdivision Agreement Parcel Map No. 2010-09 Page 10 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 under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials, employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 11. Compaction and other materials testing performed for the determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, entitled "Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures,and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 12. Subdivider shall comply with the provisions of the prevailing Building, Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City Subdivision Agreement Parcel Map No. 2010-09 Page 11 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 on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivision Agreement Parcel Map No. 2010-09 Page 12 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. 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 govemmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and Subdivision Agreement Parcel Map No. 2010-09 Page 13 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 different provision of this Agreement. No provisions of this Agreement may be waived unless in Subdivision Agreement Parcel Map No. 2010-09 Page 14 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. 2010-09 Page 15 The parties have executed this Agreement on the day and year first written above. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation PAINTBRUSH, LLC, Public Works Department A California Limited Liability Company Flatrlek--++earl , Director Scott Mozier, P.E. By: By. Scott Mozier, P.E., Director Bryan N. �gner, Managi Member APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Talia Kolf ri-B - jack Deputy City Attorney Date: i 1 (Attach Notary Acknowledgments) CLERK'S CERTIFICATION State of California ) County of Fresno ) On March 11, 2014 before me, Sherrie L. Badertscher, Deputy City Clerk, personally appeared, Scott Mozier, P.E., Director, Public Works Department , who proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 ``t,{ ❑F FS�s _ ` a ByA6��- x � a Deputy �rFfl cCY. . CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California ) County of Fresno ) On _I ❑r] I,� X13 , before me, CHRISTINE B. BARILE, Notary Public,personally appeared BRYAN N. WAGNER, 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. 6 AL OF CHRISTI HE B. BAt3fLE Wye COMM.#1917598 in Notary Public, State of California N r NOTARY PUBLIC-CALIFORNIA'm FRESNO COUNTY My Comm.Exp.Jan.14,2015 (Notary Seal) EXHIBIT A Parcel Map No. 2010-09 A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS ESTIMATED ESTIMATED [DESCRIPTION QUANTITY UNIT COST COST Underground Overhead Utilities N/A N/A 1 $300,000.00 Interior Monuments 13 $50.001 $650.00 SUB-TOTALI $300,650.00 10% CONTINGENCY* $30,000.00 FINAL COST ESTIMATE*j $331,000.00 *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 authorized corporate $314,000.00 sureties 5% of amount shall be in Cash or a Certificate of Deposit $17,000.00 Payment Security (50%of Final Cost Estimate)** 100% of amount shall be in the form of a Bond by duly authorized $165,500.00 corporate sureties C. WARRANTY SECURITY (due as condition of acceptance of the work)* 5% of first$50,000 of the Final Cost Estimate $3,000.00 3% of next$50,000 $2,000.00 1% of next$400,000 $2,000.00 0.5% of amount over$500,000 $0.00 Minimum Amount $7,000.00 a>- CL kk kk §o G §2e 0cCLUL o 2 ®§ ) \LLaj a o \ f wf �LU 2� Z 69 z } § § - - - cm 69 69 69( O O c ƒ p } ( § - \/ 5 2 a { 6 - � Co � k ® k ® ® © ® % CL k\ CL f L) 2 / § § k §/ f v Q ® § §a r LU Lli - ) = g 2 r ` , 2 ! k � o §� §\ { § = - -m | U) a o 7 \ § , 91 WT ESk � � 0 \ / � / u c # {2 E ) ( � , ® ® : LL � // 7 \ /) I\ LLJ z \ o ?J ) 5 E __ 7 - § t = 5 / k ca § �\ \) /k ) (\ 2\ \ E / ) } ® 00 z E � = E E° u � : LO F 2° § &m 3 3 � w w e 4 2 u E E E LL,ca § § k z 6 \ ■ cn cn ■ § 2 w w 3 [ GLU_ 04 jL) 20 uja oz_ 82 0c o a 0 CD o b z LO /�� \ \ IUl ) CD CD CDy GLU ao LU z CD CD CD CD CD CD 0 0 ) § CD CD CD LO CD 0 LO U) 69 69 61Y 69 69 m C6 C6 Lri Ld LULU O O | \ @ @ $ # ) ± c _ _ i± ± k ±± � uj LL \ s \ \ \\ \ \\ \ EE § § a a Cl) \ / ` i � R \ ® - \ \ & \ & / / § / ) / / % § § 0 ! z ± ) } e e k C/) ) \ 2 @ 4 \ \\ }/ ƒ � 3 2 $ { e _ ) / > / o \ ) &2 cm LLJ Wa CC :] / { \ ) 2 § - \ § ( ( ) 3 I f k ~ @ 6} \ 66LL LL� 6 � \ k ©� \ co 0 k \ tm { , \ z 2@7777 §o & c & a z �f{ / ) - �Gf- / k ` - 2 o w< . 2 , LL _ o §,- ® - 0 0 .�§ § ( L� ! )F E � L) a .. e= < a L ) k c _ � a)■—iw_ 2�\ < a u �2a / 6 \ |eta / ± 5 3 w a g= e z22 $ Q ; ((LU GGaaCD � / CO� : 2 \ 0 2- - _ m coN 15 E co � = o t L 0 \ \ � \� a \ m w & i @) k§ k§ §o 0 a 2 22E k jj� / aCD% & co & b q q E :3 CC 4 « cqco � 69LU �D _ _ ° `L�§CC Lu CL \22 / f§ /@ R ]$ Ib , (k ($ 8 CD G� /\ /\ 69 aR ea ee 2 �UU LU z \/ \ E Li \ Li m$ ;A 2 § U bE AEca C 2 E U � rz � e O Li O )j )j f NLLco co co co �0) c-� oLL LL LL \j (\ f ) ) ] \\ \\ k E ® a § \\ /} , e , e o I Q ) Cl \} ) 2 A 22 2 ® CLM CL / § co c �� § //k © J - , ) & ■ CO / co § 0){§ / k } \ \ j \ §f §E 3 cz j} § S}\} § Cb ( ) §\ \\ � J\ U f ui %e k Q ± i L ® z � ] 3 § aa U) E S d n ) CM ra _� E § 7 ; -ƒ) X { J p 2 ¢ � � � ■ 3 ¥ � 2 w § 0 m W T d 0U Oz Q F-IL z� 0U OU 20 Q @J W V. 7 O?,~- ZO_ 2 W Oma 2 a T c9 OD OD C) ZW(djZ t C) n 0 2 w n N O W 7 7 aWOU O UO 0 o OD 0 0 F- o o v o 0 z CD rn o 0 N Ui w C7 O 2 49 49 Q� H W z r� O n o O o aD o 0 0 o O o 0 OD O W O V o V O O O o O O O z OD O OD OD O W N O N 0 O 0 O O O O 0 V fA V O 49 O N N C) 49 Co 49 OD 69 OD z N N N N M 0 O O N N z 49 69 49 60 69 6e 6eEA69 W H W 0 N N N A ¢ ¢ ¢ w w W CN NN N N N N N CL a a a a a 0 0 0 0 0 0 o o o U a 4NO 9 U fA C _0 " ° ° __ W U N ° U N r U = U am U c� U a) m LL d L) o d UL Z U LL .0 = C Q) Z Oct = U U a a��a E a Z� U U p, V NQ ¢ N N N U N N� U C O C O N N C _0 0!n O O 11 O c m ° c LL O N a co =¢ m Na) c c) N m v r a) = c c Z Z) a E > 3 E a) > U U o L 'o (7 o a C7 d a m'5 a m 0) L U � = m _ U d U � o- ? Q LLd U ° d (� c a N m o c N m o - N m -w m U w O w m a M.E 2 E y 2 E y y a) � E ° LL.o,c E -o = v� � E a d Q w E '�¢ N N LL 3¢ N 3 c a)7 N d 0)Z) � 0 N o a v N w w v N w w > —' N w d 2 p, w 2 m m w co v N N C N N C a N N E— C N L C CJI C N C O N �O O N m CL O.p N N > N N 'j O'y N O C7 C7 a d a (7 io d rn. d rn a` CZ)0 J H CCD J H 7UC7 J D d� J J � yLLJ d �J J ca .ym(5 'yO N [2 ~C)V O LL CD "t m L d '� m co D c co N N o L ca j 3 d o 2 � m cox W w 0 10 } m @ o o a wU 0 0 Z OQ Z D DU OU 20 QLl Ll m w, m LU C7 F `2 o Z— 07 co F N D) ZJw � Oma 2 a > rn Z¢@Z cliv O w» `fl Q W O U U O F o 0 0 0 0 ZVE � � o Ow 2:3 Qo H LU z v v m_ m_ O O O co m o 0 o O o o O O rn o rn O o c m O m 1p o (n O O z co o ao 0 o ri o ri v o v0 0 O (D to (D to to O 69 O V» 69 v v o7 07 ID (D y Cl) Cl) (D (D Cl) Cl) Z (fl 603, N N CY) CY) W N N F to bq 6a W 1 Q Q O U (n U U Cf) Q O Q Q O O (� p C C c7 c7 p N a a a CL aLi a a a a CL LL O H O O O O O O O o o O O o 0 0 0 LU C\. ton ton c� v t(On 2 o O @ @ 0 z o, m y o w m U H Q cc a U 2 y o U Q o m ^ d = d a �f. w N (ro Z W U CJ LL Q ro O W c0 a) CL ~ v w u� oL U LL a m W m LL a jZ m m cc m m Z V (n of F (n y w m m nom. =ui °' m C) a F °' � m y °' .� m w a a o Z U o¢ 0 o Cl) W m W .� Q .� W Q Fn U Ic Q cn F m E a L LU O ro `� d m V F 'o LL LL N d ¢ N Q It, 0 o °� U Q E oNi W a- N a U u H y W y y w N Q U E ul E in ° N in w a o a a O Q w w D y o LL o a Qa, w d w E 2m Zo ZN m a 2N m y d 8 2 w (ate w a F y LL d > .� J .� N ' Q m H .o -` y c�Q J c� U F (/J LL ~ J J W Q J U = Q J 2 J U7 d !L W ~ 0 Q to d J O J O Q O to to U O 3 O U a W o O Q O Q a c7 2 U Q O cep 2 alo LL o c�7 W or W LQi Y m 3 n c7 U m 2 o m a 3 E a D w p > m F U. a o v z a m U m_ W a Ld w a m �� o o a WU Z 69 69 � O¢ Z� 7U OU 20 Q W O ao ao OZ~ rn rn ZJ W Oma 2 N L L o6 o6t Z W @1 Z O Cl Cl 0 2 W d Cl) h 2LLLLI== ¢WEU O O O 00 N 00 O F O V N V h Z O 06 D 69 ((0 O ( Oi (0 (O 00 Lf) 00 V 0 Lu 2 O N O N Q p 69 69 b9 F W Z v [Y1 rn N O N h (Ol Z O O lA O N 6" t7 O O O N Z m (70+ N W (D F b9 b9 fA W N oagn t o � U O [n C W ¢ 0 5 w O N N C � O O O U c r,: (� N W o O v E n N c CL 0 O y W W O A� Z 04 > N U 'a cc Q _ Q2' `O ro N U ^ s E m ° o 0 c Q- C7 Z m fa m 3 ¢ W ° Z U) cm L U U LL a c O U Z N m U E m oC H N CW7 ZO o c m rn d 'o d (n X W cC ;O r ld N y � N W W Q N o W � U N L LL N N Q N °' a UJ N y ° :3 z c O ¢ O E r U) aa)w Z W W ¢ Ud J H 'O oLLe yJ¢m aoom 'O J F- c CZ7 Q J r W U 1O o (A(n IL U U to U N } o } p � LL a ¢ m p _ ~ ~ ~ ca W X W