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Agreement No. 88-11 Public Works Department.
P. W. File No. 5494 City of Pres-no -
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(Parcel Map leo. 80--11)
THIS AGIREMENT is made this ��_ day of � � 1988,
by and between the CITY Or FRESNO, a Municipal Corporation,
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hereinafter designateCeand called the "City," anc, Fossette
investment Co. , lac., A California Corporation, hereinafter a
designated and called the 110wnex." without regard for number o,:
'ycuucs..
RFCxdAuS - -A. owner has filed with City a certain Parcel -Mala of a proposed
division of land owned by Owner and located within the corporate i
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limits of City, dividing into six parcels the real property
("Subject Property") situated in the City of Fresno, County of
Fresno, State of California, entitled "Parcel Map No. 88-11" and � T
described in the attached Exhibit "A-," which is incorporated in 'this
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Agreement. 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
•,_f�IMA£L IGIFG M1 �dLY/YdYItJYYO(•11.' � � �� .. ,
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and has requested acceptance og moid otgors of doilivation by City 1
and aPPrevVAI of the ?yap any the knoinger and I�y the zity Disaotor of
the DeVe3opnant Dapar>Menta all as regalced by th* Fresno Municipal
Code. +
2, Masa City requI es, as a condition gracedent to the
acceptance and approval of par;e1 map Iio. 93-21 the dedication of �Z
such atreets, highways and yablio places and eaosmanta as a.re 4
delineated and Shoran on the Pare*! Maps and 40exts the Zaxtae as �
necessary for the plahlic use, and also requires that any and all
streets delineated and gh-m n on the pakeel kap shall be improved by
the construction and the Installation of the iRproVements
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hereinafter specifiea in this Agreement. �
C. section 12-1206 Of the Municipal Code of the City tat Fresno �
requires the Owner to easter I.ItO thin AgrC<�:est With he City
whereby owner agrees to perform and vamplete the vor k and other
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matters ht'..b•ei at"ts?' in thio Ags',eemont withia the time rOgUiXGd
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3a€:rea:a. in 4os:t;iderat:ttan of the acceptance of the ofter2 of �
dedication and appz:oi ai of the Pa€uex �2ap by the City of a resaao.
WMRE-CRB, City and snub agree as follows:
1.. Wherever used in this Agreement, the following wends and }
1 phrases shall have the meaning herein given. Mess the context
F Za. "Erigineer" shall mean the City Engineer of the City of F
Faesno or, in the alternative. and ac tha elaction of the City.
.
the Public Forks Diractor or the City.
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b. ,st.andares sb*li meads the city or
Standard Specificationo adopted Hareb 5, 1970, VI the council of
the Ciay of r-resno. including att-sched dets is Panzl emendruaants
thereto.
NDivision" shall mean and include the seal property
shown and described or. the Parcel Map ae being aivideid into
parcels, including stre€;t areas of adjacent existing public
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streets to the centerlines thereof.
2. in consideration for the City's approval of Parcel Mafia
No. 88-11 as provided by law: t
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a. Owner shall perform the work and improvements aerose
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the So?ata Fourth. East Date and South O;cangn Avenue frontages �
hereinafter specified on or before May 1. 1931. or prior to the
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issuance zsf a Certificate of Occupancy by the City for aiy
building upon- the Subject Property; or ninety d.ys after receipt
of a written, notice of findings by the Public Work's Director
that fnlfullment of the provisions of this Agreement is
necessax•y for reasons of ptibiie wealth and safety- or are
necessary for the orderly development of the area.
b. Baer shall perform the work and improvmerts ,cross the �
Golden State Boulevard frontage of the Sebject Property s
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hereinafter specified on or before May 1. 1991 or prior to grant
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of access to said boulevard, whicehever occurs earlier: or ninety
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flays after receipt of a wi itten ra4ti,ca of findings by the Public
Works Director that flalfullment of the provisions of this
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ag:oome nt is necessary for reaso:aa of public heat:lz and safety ski
or axe necessary for the orderly development at the area,
3, Vie Baginear may at his option pervAt they Director of the
Development Depatitnaent to issue a Certlgicate of Occupancy pen4;y tts al1°y
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singular parcel if he daterminesa that the parcel pro-Eata share of 0
work and improvements across the South Fourth. East Date and/or �
South G=range Avenue frontages have been Foompleted.
4, The work dS7E3 x;a;zrx;ovements to be done by M?r53r 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 Exhibi.t "A."
y. All of the work and improvements and materials shall be
performed, installed, and provided in strict accordance with the
attached dans 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
renvzirement, of Chapter. 12, Article 12 of the Fresno r4unicipal
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 o€ California, Department of Transportation. All of said work {
and mprovements and materials shall be daze, performed and
installed under the supervision of the Engineer, under whose
dzzection the work shall be inspected as it progresses. t�
5. a. Owner has furnished to City security in an aitaunt
equ;�3lihng 100% of the coral estimated cost of the work and �
improvements to insure faithful performance of this Agreement. Saidp�
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sum ie designated Hest,il%ated total cost of, improvements for bondo �
and is shown on Exhibit "A". �
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b. The amount of all fees and chaxrgoe payable to City �
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hoxcunder are dud and payable prior to final approval of ssaid M
parcel map. Said rums are shown on Exhibit to". 0
7, Owner and his contractor and sebeozntractors shall pay for 'va
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any mataria3s, provisions, provender, and other supplies or terms �?
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used in, capon, for, or about the -performance of the taexk contracted
to be dome and for .any work or labor thereon of any kind and for j!
,amounts due under the Unempioy;ment InEu-ance Act of the State of !(
California with respect to such work or labor and shall file with
City pursuant to Section 3300 of the Labor Code a Certificate of
Horkers Compensation and shall :maintain a valid policy of Workers
Compensation Insurance for the duration of the neri.od of
construction.
E. The City shall not be liable to the Owner or to any ogler
parson. firm or corporation whatsoever, tor any injury or damage
than may result to any person or property by or from any cause
whatsoever in, on or about the svbdivision of said land co-vexed kq
this Agreement, or any nart thereof. The owner hereby releases and
agrees to indemnify. defend and save the City harmless from acid
against any and all personal injuries to and deaths of persons and
s property damage, and all claims deemands, costs. loss, damage, and
liability, howsoever same .may be caused, resulting directly or
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indirectly from the performance of any or all work and improvements j
to be clone in and upon the street nights-o£-way in the subdivision
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or upon the prwmises adjacent tberet o rurzuant to this Agr.eera-ant. I�
:and also frog all injuries to and deaths of personz, and ail claim,
demands, costs, liability. bass, damage, ho soever caused. either � �p
directly or indirectly made or suffered by the owner, or his :gents, �
eimployees and subcontractors. in connection with the work an4
improvements required by this Agreement. The Owner further agrees
that the use for any purpose and by any person of any of the
streets. work or iarprove1` eats specified in or required by this
Agreement or on the Parcel Map, shall be at the scale and exclusive
risk of the fawner at all tikes prior to sinal acceptance lay the City
of the completed street and the work and inproveme-ts thezeon and
therein.
9. Owner shall pay for soil tests made by a reputable soil
testing laboratory to determine gradatio,a, bearing, and resistance
value of soils within the division Arora which to deteriaine the
nature of the improvement necessary. Owner shall also pay for all
comprests necessary to determine if the utility trenches have
been satisfactorily backfilled, and subsoil and base rock have been �
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satisfactorily compacted.
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lo. Concrete curbs and gutters, the zanit-ary serer system and ;
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house connection, together with water maizs. gas mains, and their gg
respective service connections shad be completed In the streets and 1
' alleys before starting the street and aaley surfacing.
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11. The Engineer may consider extensions to the of this �
Agreement provided such a request is submitted in writing, i,nelvding �
ar explanation for the necessity of such RxtGnoion, togetber With M
the appropriate processing fee as designated in the City's Vatter
Fee Schedule.
12. 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.
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Pursuant to Subdivision Map Act Section 66411.1 and Fresno
Wanicipal Lode Section I.2-1206(f). the undersigned hereby certify
and acknowledge that the construction of improvements identified on
attached Exhibit "A" shall be completed on or. before May 1, 1991, or �rn
an-- approved extension.
Accepted by: 0W-?2R
CITY OF FRESNO, Cossette �v tmen* I'
a Municipal Corporation Aof � Cor- r o:o
MARVIN D. JUT�ISQPd B ;/ E/
PUBLIC WO,fit DIRECTOR 3ti
By, - /
a Title
d PPPOIJED AS TO FORM: +
s HAPVZY WALLACE
Al" City Attorney
• By �-—
(.Attach Notary Acknowledgment)
STATE—OAF CALIFORNIA )
COUNTY OF FRESNO )
On th's f 6 day of,— r(� in the Year
before i1e o persona i ly
} appeared personally known to me (or
proved to me on the basis f satisfactory evidence) to be the person
who executed this instrument as the --—
Directoz of the Public Works Department and acknowledged to rye that
the City of Fresno executed it.
JACQUELINE L. RYLE. CMC
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CORPORATE ACKNOWLEDGMENT No.02
State of ORM On this ti a 16th day of _ _19 before ma,
SS.
County of FRESNO !Ladorie Gail i8
the undersigned Notary Public,personalty appeared
f Gus Co�tfe ai-A Judith Coss,-tte
t(I personaily known to me
0 proved tome on the basis of satisfactory evidence
_ to be the persor.{s}who executed the within instrumspt as
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SEAL ult and-
OF:ICIAL SEAL �`2G'Y"£'.$ or on behalf of the corporation therein
7- 7M�ARJORiE GAit REAGAIN named,and acknowledged to me that the ewporat,un executed i!.
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PUBLIC-CALIFORNIA WITNESS my hand and official*at. _ n
�r�' hiY pmm.expires OCT 2i,298 ��� � _ �/
Notary's tg%ure
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Agreement NO.A8-11 Public Vorkv DepzrtA*nt
P. W. Fila No. 5474 City of vrozrlo
67
C°ER` IF12ATE OF IMPROVE24ENTS
Owner's Name: Cossette Investment Co. , Inc_ a California Corporation ^�
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Prorerty Description: ,w2
Parcel 30C" of Parcel Map No. 1810, in the City of Fresno, County
of Fresno, State of California, according to thC_ map thereof
recorded in Boor 9 Page 60 of Parcel Maps, in the office of the
Coanty Recorder of said county.
Excepting therefrom the following described property:
That portion of the southeast quarter of the northwest quarter ,
of Section 23, Township 14 South, Flange ata East, A?ount Diablo
base and meridian, according to the official plat thereof,
described as follows:
Beginning at a point which bears north 89 uegrees 55 minutes 52
seconds west 30 feet and north 00 degrees 05 minutes 45 seconds
east 639 feet from the southeast corner of the northwest quarter
of said section 23; thence north 89 degrees 55 minutes 52
seconds west, parallel with the south boundary of the northwest �
quarter of said section 23, 20 feet; thence north 59 degrees OG t
minutes 44 seconds east, 23.33 feet 4o a point which is 30 feet
west of the east boundary of the nortPwest quarter of said
section 23; thence south 00 decrees 05 minutes 45 seconds gest,
parallel with said east boundary, 12 feet to the point of
beginning.
Also excepting from that laortionof parcel "C" lying within the
northeast quarter of the northwest quarter of section 23, all
minerals, oils, erases and other hydrocarbon substaaces by
whatsoever Mane know that may be within or iender the parcel of
land hereinabove described without, however, that right to ,
drill, dig or mine through the surface ;hereof, as reser.vt�d in
the deed from the State of California to Safari Development �
Company, A Partnership. recorded June 1, 1964 in Book 5014 Page
493 of official records, Document No. 42472.
Description of improvements to be made by Owner
is as shown on Exhibit "B." Estimated total
cost of improvements for Bond: $187,000,00
EXIUDIT 'W'
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Fees and Charges: gr,
Trees 56 @ $60/ea 53,360,00
Total fees and charges to be paid by €wirer $3,360,00
Fees computed by the Fresno Metropolitan Flood Control District to fz
be collected by City for planned local drainage facilities are to be
paid• through the Development Department.
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The above estimated improvements, fees, and charges do not include
engineering, staking, inspection, and testing of utility
ir:sta?lations.
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EXHIBIT "A"
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