HomeMy WebLinkAboutPM 85-61 - Agreement/Covenant - 12/7/2011 - -n
RECORDED AT REOLIEST OF .M
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86015497
FRESNO COUNTY.CALIFORNIA Z
GALEN LARSON.County Recorder
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BY DEPUTY RECORDER m
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Agreement No. 85-61 Public Works Department
P. W. File No. 5494 City of Fresno p
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PARCEL MAP AGREEMENT N
AND CERTIFICATE OF IMPROVEMENTS O
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(Parcel Map No. 85-61)
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THIS AGREEMENT is made this 17 day of January 1986,
by and between the CITY OF FRESNO, a Municipal Corporation,
hereinafter designated and called the "City," and MEMORIAL BAPTIST
CHURCH, Inc. , a California corporation, hereinafter designated and
called the "Owner," without regard for number or gender.
RECITALS
1. Owner has filed with City a certain parcel map of a proposed
division of land owned by Owner and located within the corporate
limits of City, dividing into 2 parcels the real property situated
in the Ci,",-:y of Fresno, County of Fresno. State of California.
entitled Parcel Map No. 85-61 and described in the attached Exhibit
"A," which is incorporated herein as though set forth in full.
Owner has offered for dedication or has delivered to City a deed or
deeds of easement for all areas delineated on said map to be
dedicated or deeded for street and other public purposes, and has
requested acceptance of said offers of dedication by City and
, 1�a, Fhn Fnrtinnnr �n,i }aar thn PiY•Lanhnr of Tho
'••••rv:a.nl a nF cw i.7.. mwaa
Development Department, all as required by the Fresno Municipal Code.
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AGREEMENT
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In consideration of approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between Owner and City, and Owner and City do 'h
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hereby mutually agree, as follows:
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l., Owner shall perform the work and improvements hereinafter O
specified to the satisfaction of the Engineer on or before February O
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15, 1987. z
2. Wherever used in this Agreement, the following words and -<
phrases shall have the meaning herein given, unless the context Sp
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requires a different meaning: 0
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a. "Engineer" shall mean the City Engineer of the City of 0
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Fresno or, in the alternative, and at the election of the City,
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the Public Works Director of the City. 0
b. "Standard Specifications" shall mean the City of Fresno -n
Standard Specifications adopted March 5, 1970, by the Council of rn
the City of Fresno, including attached details and amendments
thereto.
C. "Division" shall mean and include the real property
shown and described on the parcel map as being divided irity
parcels, including street areas of adjacent existing public
streets to the center lines thereof.
3. The work and improvements to be done by Owner and the fees
to be paid to City for installations to be done by City and for
other required fees and charges are shown on Exhibit "A."
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4. All of the work and improvements and materials shall be
performed, installed, and provided in strict accordance with the i
plans attached hereto and marked Exhibit "B" and with the Standard
Specifications, incorporated herein as though set forth in full.
All of said work and improvements shall also comply with the
requirements of Chapter 12, Article 12 of the Fresno Municipal
Code. In case there are not any Standard Specifications of City for
any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California, Department of Transportation. All of said work
and improvements and materials shall be done, performed and
installed under the supervision of the Engineer, under whose
direction the work shall be inspected as it progresses.
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86015497 M
5. a. owner has furnished to City security in an amount O
equalling 100% of the total estimated cost of the work and C7
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improvements to insure faithful performance of this Agreement. Z
Said sum is designated "estimated total cost of improvements for -�
bond" and is shown on Exhibit "A."
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b. The amount of all fees and charges payable to City 0
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hereunder are due and payable prior to final approval of said O
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parcel map. Said sums are shown on Exhibit "A. " N
6. Owner and his contractor and subcontractors shall pay for O
any materials, provisions, provender, and other supplies or terms -n
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used in, upon, for, or about the performance of the work contracted M
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.
7. Owner shall pay for soil tests made by a reputable soil
testing laboratory to determine gradation, bearing, and resistance
value of soils within the division from which to determine the
nature of the improvement necessary. Owner shall also pay for all
compaction tests necessary to determine if the utility trenches have
been satisfactorily backfilled, and subsoil and base rock have been
satisfactorily compacted.
8. Concrete curbs and gutters, the sanitary sewer system and
house connection, 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.
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9. Time is of the essence of this Agreement. The provisions
contained in this Agreement are intended by the parties to run with f
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d tho me shall bind and inure to the benefit of the i
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parties hereto, their heirs, successors in interest, and assigns.
The parties have executed this Agreement on the day and year
first above written. M
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CERTIFICATE O
Pursuant to Subdivision Map Act Section 66411.1 and Fresno n
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Municipal Code Section 12-1206(f), the undersigned hereby certify C
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and acknowledge that the construction of improvements identified on
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attached EXhlblt aBn shall be completed on or before February
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1987. C7
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OWNER rn
Accepted by:
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CITY OF FRESNO, MEMORIAL.BAPTIST CHURCH, Inc.
a Municipal Corporation a California Corporation O
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JAMES L. MARTIN, /� p
PUBL I C S ECT � B07= �Ceorg�ej. (�' d�""��" rn
ollesen, President
By: 10
ATTEST: Robert A. Braun, Secretary
JACQUELINE L. RYLE
City-Clerk
By
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
, By (Attach Notary Acknowledgment)
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3431g/104
Memorial Baptist Church
7500 N. Millbrook Avenue
Fresno, CA 93710
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STATE OF CALIF013I SNO Ss.
COUNTY OF ���KiG
On this day of iAnwlry , In the year
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EW before me,the undersigned,a Notary Public in
} A and for saidCount and State personally appeared
Geor>�e Ho es
personally known
to me(or proved to me on the basis of satisfactory evidence)to be the
o Pres1dont,V6RC
QFI ICTAL 9f�]IN
xaxax�axrwx�axxxnlwtxtc�r+xa�ara D�BORAN A. B
X}Wiil ct of th
XiCR1iD�of the corporation that oxocutod the within Instrument,and NOTARY f Uel iC�
acknowledged to me that such corporation executed the within instru• t •� r pRINCIPAI O)Ment pursuant to its by-laws or a resolution of its board of directors, FRESNO COM
Pty GommrssuuxpCx7
YSignature
Deborah A. Boswein
1 Namo(Typed or Printed) co
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J Notary Public In and for said County and State
. (This area for official notarial seat)
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CORPORATE ACKNOWLEDGMENT 86015497 NO.202
State of California On this the 17thday of January 1986,before me,
SS.
County of Fresno Krys T. Pusher ,
the undersigned Notary Public,personally appeared
Robert A. Braun
❑ personally known tome
91 proved to me on the basis of satisfactory evidence
to be the person(s)who executed the within instrument as A
secretary or on behalf of the corporation therein
OFFICIAL SEAL named,and acknowledged to me that the corporation executed It.
NOTARY PUBLIC UCALI ORNIA SHER WITNESS my ha d and official seal.
FRESNO COUNTY
My comm. expires MAY 5, I989 S-+
"""'•` Notary's Si a ure
l4nd Hills,CA 81384
7120 122 NATIONAL NOTARY ASSOCIATION•23012 Venlun Bhd.•P.O.Box 1625•Wood
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{ Agreement No. 85-61 Public Works Department 0
P. W. File No. 5494 City of FresnG C
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ATTACHMENT TO PARCEL MAP AGREEMENT
AND CERTIFICATE OF IMPROVEMENTS
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Owner's Name: MEMORIAL BAPTIST CHURCH, Inc., a Calfornia Corporation O
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Property Description: C7
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Parcels A and B of Parcel Map 2406, in the City of Fresno,
County of Fresno, State of Calfornia, according to the map N
thereof recorded in Book 15, Pages 84 and 85 of Parcel Map, p
Fresno County Records. 'n
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Description of improvements to be made by Owner
is as shown on Exhibit "B." Estimated total
cost of improvements for bond: $10,500.00
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Fees and Charges:
Trees 21 @ $60.00 ea. $1,260.00
UGM Fire Station Fee (Service Area 13)
Parcel A $707.82
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UGM Neighborhood Park Fee (Service Area 1)
Parcel A $2,769.24
Parcel B $2,173.60
UGM Water Supply Well Charge
Supply Well 101-S $2,144.00
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UGM Major Street Charge "
Zane E-1 $7,112.50 I
UGM Major Street Bridge Charge -
Zone E-1 $312.50
UGM Traffic Signal Charge
2.50 Ac $925.00
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UGM At-Grade Railroad Crossing Fee
Zone A-D $390.00
Total fees and charges to be paid by Owner $17,994.66
Fees computed by the Fresno Metropolitan Flood Control District to
be collected Iry City Fnn la~ ..
nee 1 ..nl dr facilities i l z-ea
are Q VV LC
paid through the DevelopmentDepartment.
The above estimated improvements. fees, and charges do not include
r engineering, staking. inspection, and testing of utility
installations.
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EXHIBIT "A"
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REF. REV. J APPROVIDa
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