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HomeMy WebLinkAboutPM 1991-31 - Agreement/Covenant - 8/16/2006 95096292 c �cAca i►T T MSN. PAST M "T -_ AUG o 71995 FRESNO COUNTY,CALIFORNIA WILLIAM C. GREENWOOD,County Roc de Donita Ghimenti FE BY DEPUTY RECOR ;. .. _ ,.; BD PACE-F-0-1,REC©F DER'S USE: PARCEL MAP A REEME AND STATEMENT OF IMPROVEMENTS City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Parcel Map No. 91-31 P.W. File No. 5494 THIS AGREEMENT is made this 8-01 1 day of MAW N by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Riverview Estates, a partnership, 7145 N. Del Mar Avenue, suite 206, Fresno, California 93711, hereinafter designated and called the "Owner," without regard for number or Gender. Parcel Map Agreement Parcel Map No. 91-31 Page 2 RECITALS 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 two parcels of real property situated in the City of Fresno, County of Fresno, State of California, entitled Parcel Map No. 91-31 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 approval of said map by the Engineer and by the Director of the Development Department, all as required by the Fresno Municipal Code. AGREEMENT In consideration of approval of Parcel Map No. 91-31 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 hereby mutually agree, as follows: 1. Owner shall perform the work and improvements hereinafter specified to the satisfaction of the Engineer on or before May 15, 1996. 2. Wherever used in this agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning: a."Engineer" shall mean the City Engineer of the City of Fresno or, in the alternative at the election of the City, the Public Works Director of the City. Parcel Map Agreement Parcel Map No. 91-31 Page 3 b."Standard Specifications" shall mean the City of Fresno Standard Specifications, adopted March 5, 1970, by the Council of 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 into parcels, including street areas of adjacent existing public streets to the centerlines thereof. 3. All of the work and improvements and materials shall be performed, installed, and provided in strict accordance with the approved plans on file in the Office of the Engineer 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, Articles 10 and 12 of the Fresno Municipal Code. In case there are not any Standard Specifications of City of 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. 4. The work and improvements are as follows: a.All utility systems shall be installed underground. Owner's attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522. The Owner shall construct a complete underground street light system as approved by the Traffic 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 Traffic Engineer. b.Water main extensions and services shall be provided in accordance with applicable Parcel Map Agreement Parcel Map No. 91-31 Page 4 provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. c.Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. d.Lot drainage shall be in accordance with Section 13-120.7012 of the Fresno Municipal Code. e.Perform and construct all work shown on the approved plans on file in the Office of the Engineer (City Standard Drawing Nos. 15-C-9034 thru 15-C-9037, 4-C-399, 10-C-6833 thru 10-C-6834, Water Job No. 4092, and FMFCD Standard Drawing No. DH-13-1 thru 4, unless specifically omitted herein.) f. The Owner has deposited with the City the sum of twenty five thousand six hundred twenty eight and 46/100 Dollars ($25,628.46) for the following: (1) Inspection Fees $4,122.88 Inspection Fees $9,094.88 Less paid with early permits($4 972. ) Inspection Fees Due $4,122.88 (2) Traffic Regulatory Signing, 4 @ $77 $308.00 (3) No Parking and Bike Lane Signing, 6 @ $77 $462.00 (4) Street Tree Inspection Fee, 6 @ $25 (Commercial parcel) $150.00 .(5) Sewer Trench Water Compaction Charge, 615 CY @ $0.12/CY $74.12 (6) UGM Fire Station Fees (Service Area 2) (Zone District C-P-UGM) 2.82 Ac @ $429/Ac $1,387.44 (7) UGM Park Fee (Service Area 6) 2.82 Ac @ $566/Ac $1,596.12 Parcel Map Agreement Parcel Map No. 91-31 Page 5 (8) Sanitary Sewer Fees $10,195.42 (a) Trunk Sewer Charge (Herndon Trunk Sewer Service Area) 14 Units @ $709/Unit $10,195.42 (Note: Major Facilities Fee is to be paid at time of development.) Total Sewer Charges $10,195.42 (9) Water Charges $1,367.70 (a) Well Development Charge (Supply Well No. 153) 2.82 Ac @ $485/Ac $1,367.70 (b) "Wet-Tie" Charge $2,800.00 (B # 12730) (Paid with early constructionl2,800.00) Total Water Charges $1,367.70 (10) UGM Major Street Charge (Zone A) 2.48 Ac @ $2,150/Ac $5,332.00 less Major Street Credit ($27231.00) Charge Due $0.00 (11) UGM Major Street Bridge Charge (Zone A) 2.48 Ac rQ $20/Ac $49.60 (12) UGM Traffic Signal Charge 2.48 Ac @ $860/Ac $2,132.80 (13) UGM At-Grade Railroad Crossing Fee $982.08 Parcel Map Agreement Parcel Map No. 91-31 Page 6 Service Area A-D 2.48 Ac @ $236/Ac $585.28 Service Area A-E 2.48 Ac @ $160/Ac $396.80 Total R-R Crossing Fee $982.08 (14) Present Credits/Future Reimbursements (a) Future Reimbursement - Fire Hydrant 1 @ $300 ea $ 300.00 [Future Reimbursement for Fire Hydrants shall be in accordance with Section 14-107.1(b) of the FMC] TOTAL FEES AND CHARGES (Less Present Credits) $25,628.46 g. Wet-Ties shall be in accordance with B-Job No. 12730. The amounts identified above as Wet-Tie Charges are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Owner shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Owner shall be billed by the city of Fresno for the difference and shall be directly responsible for payment. 5. Prior to the approval by the Director of the Development Department of said (final) parcel map, Owner shall furnish to the City: a. Performance security in the sum of two hundred forty two thousand and 00/100 Dollars ($242,000.00), which is equal to 100% of the total estimated cost of the work requirement. Five percent of said amount (,$12.100.00) shall be cash or a certificate of deposit, all to be conditional upon the faithful performance of this agreement; and b. Payment security in the sum of one hundred twenty-one thousand and 00/100 Dollars Parcel Map Agreement Parcel Map No. 91-31 Page 7 ($121,000.00), which is equal to 50% of the total estimated cost of the work required 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. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of City and on forms furnished by City. C. Performance security in the sum of four thousand nine hundred sixty two and 00/100 Dollars ($4,962.00), which is equal to 100% of the total estimated cost of street tree planting (42 Residential (& $100/ea. and 6 Commercial @ $127/ea.). One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all conditioned upon the faithful performance of the agreement. 6. On acceptance of the required work, warranty security shall be furnished to or retained by City in the amount of five thousand four hundred twenty and 00/100 Dollars ($5,420.00), for guarantee and warranty of the work for a period of one 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. a. Any and all other improvement security as required by the Fresno Municipal Code, Section 12-1016. 7. Owner and his contractors 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 Parcel Map Agreement Parcel Map No. 91-31 Page 8 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. 8. Initial compaction and soil tests of street, sewer, and other work within the public right-of-way shall be ordered by and paid for by City. Sewer and utility trench tests shall be taken in varying locations and depths as required by the Engineer. Compaction tests failing to meet City's requirements shall be recorded by City from the same testing laboratory. Billing for the required retests shall be made directly to Owner or his agent for payment. Compaction test for water facilities installed by City shall be paid for by City. 9. Owner shall comply with Street, Plumbing, Building, Electrical, and Zoning Codes and any other Codes of the City. 10. It shall be the responsibility of Owner 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 City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the 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 Owner to notify the Engineer may cause delay for which Owner shall be solely responsible. 11. Whenever Owner varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of Parcel Map Agreement Parcel Map No. 91-31 Page 9 the Engineer will be subject to rejection. The inspection of the work shall not relieve Owner 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 Engineer or Inspector and accepted. 12. Any damage to the sewer system, concrete work, or street paving that occurs after installation shall be made good to the satisfaction of the Engineer by Owner before release of bond or final acceptance of completed work. 13. Adequate dust control shall be maintained by Owner 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 in the subdivision until the paving of the streets is 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 Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the Engineer shall give notice to Owner to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this agreement on behalf of Owner or, at the election of the Engineer, such notice may be mailed to owner at his address on file with the Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate Parcel Map Agreement Parcel Map No. 91-31 Page 10 dust control, the 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 Engineer shall determine, and Owner agrees to pay to City forthwith, upon receipt of billing therefor, 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. 14. Owner shall install all street improvements in accordance with Section 12-1206 of the Municipal Code of the City of Fresno, the City of Fresno Standard Specifications, and the construction plans. 15. 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. 16. Time is of the essence of this agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. Parcel Map Agreement Parcel Map No. 91-31 Page 11 17. No assignment of this agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City. The parties have executed this agreement on the day and year first above written. STATEMENT OF IMPROVEMENTS Pursuant to Subdivision Map Act Section 66411.1 and Fresno Municipal Code Section 12-1206(f), the undersigned hereby state and acknowledge that the construction of improvements identified herein shall be completed on or before May 15, 1996, or any approved extension thereof. CITY OF FRESNO, a Municipal Corporation OWNER Riverview Estates, A partnership ByQ-q -(- dJ �,�/� By: Bargain Homes, Inc., A California Raym nd G. Salazar, Director Corporation, Partner Public Works Department By: APPROVED AS TO FORM: Victor Roznovsk.�, resident Hilda Cantu-Montoy By: Better Homes, Inc., A california Ac 'ng i Attorne Corporation Partner By By: Deputy ( SIanley p esident (Attach Notary Acknowledgment) Parcel Map Agreement Parcel Map No. 91-31 Page 12 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) On7 2 8 ,1993 before me, personally appeared Ra4ama'nd, personally known to me (or proved to me on the basis of satisfactory evidence;to be the person(s) whose name(s) islare subscribed to the within instrument as and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity on behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, Ph.D.,CMC City Clerk By � IV Deputy RFD:PM9131AG.DOC STATE OF CALIFORNIA COUNTY OF FRESNO on Monday, May 08, 1995, Before me, EDMUND W. BERGTHOLD, NOTARYPUBLIC, Personally appeared, STANLEY L. SPANO and VICTOR ROZNOVSKY, Personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL EDMUND W. BERGTHOLD Notary PublIC-Callfomla FRESNO COUNTY ` My Commlwon Expires • June 16, 1995 Sig tura o/Notary official Seal Additional Information CAPACITY CLAIMED BY SIGNERS: DESCRIPTION OF ATTACHED DOCUMENT: PARTNER TYPE OF DOCUMENT: PARCEL MAP AGREEMENT and Statement of Improvements for PM 91-31 NUMBER OF PAGES: "12" DATE OF DOCUMENT: May 08, 1995 SIGNERS ARE REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE: RIVERVIEW ESTATES Raymond G. Salazar a California General Partnership Hilda Cantu-Montoy C iV MA CX.f M TAKMA Y 1 D D WD.S Parcel Map No. 91-31 P.W. File No. 5494 APN 402-030-29 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 8, 1994, in the office of the Fresno County Recorder as Document No. 94094944, and amended by that instrument recorded June 8, 1994 as Document No. 94094945, and that instrument recorded March 1, 1995 as Document No. 95026228, and amended by that instrument recorded March 1, 1995, as Document No. 95026229 in Official Records of Fresno county, of which the Deed of Trust in, by and between Riverview Estates, A Partnership, as Trustor, Union Bank, A California corporation, as Trustee, and Union Bank, A California corporation as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of covenants for Temporary Off-site Drainage facilities for Parcel Map No. 91-31. DATED: May 10, 19 95 UNION BANK, a California Corporation, as Trustee and Beneficiary By. Thomas G. Walker, Vice President By: D. R. Reinhardt, Vice President Certificate Of Acknowledgment State of California ) County of Fresno ) On - May 10. 1995 before me, Dorothy L. Murphy a Notary Public for the State of California,personally appeared Thorn c G. Walker, V.c P PrPsident, and D. R- RP i nhard t, Vice President, of UNION BANK a California Corporation personally known to me(or 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/s executed )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 n behalf of which the rsn(s)acted,executed the instrument. WrrN. S my hand official seal. Signature (Seal) DOROTHY L MURPHY. Z COMM.OW 1907 Z Z Noary Pubiic-California z FRZ';NO COUNTY -' My comm oxPirtr MAR 24,1996 FORM 00211(Rev.6194) f Agreement No. 91-31-A Public Works Department P. W. File No. 5494 City of Fresno ATTACHMENT TO PARCEL MAP AGREEMENT AND STATEMENT OF IMPROVMNMNTS Owner's Name: Riverview Estates, a partnership, 7145 N. Del Mar Avenue, Suite 206, Fresno, California 93711 Property Description: A portion of Parcel "C" of Parcel Map 79-16, lying in Sections 28 and 29, Township 12 South, Range 20 East, Mount Diablo Base and Meridian, according to said Parcel Map recorded in Book 31 of Parcel Maps, Pages 87 through 98, Fresno County Records, described as follows: BEGINNING at the Southwest corner of said Section 28, from which the South line of the Southwest quarter of said section 28 bears North 89°47'00" East, as shown on said Parcel Map No. 79-16; thence South 89° 36'52" West, along the South line of said Section 29, a distance of 79.98 feet; thence North 00° 23'08" West a distance of 42.00 feet to a point on the Northerly right of way line of West Nees Avenue; thence North 89°36'52" East, along said right of way line, a distance of 30.00 feet; thence North 00° 21'28" West a distance of 153.70 feet; thence South 890 38' 32" West, a distance of 208.39 feet; thence North 36° 17' 51" West a distance of 320.25 feet to a point on the centerline of West Audubon Drive; thence North 53* 42' 09" East, along said centerline, a distance of 940.98 feet to a point on the Northeasterly line of said Parcel "C"; thence South 360 00'58" East, along said Northeasterly line, a distance of 42.00 feet; thence South 790 44'53" East, along said Northeasterly line, a distance of 9.89 feet to the intersection point with a non-tangent curve, concave Northeasterly, with a radial bearing to said point of South 530 18'44" West; thence Southeasterly, along said Northeasterly line, along said curve with a radius of 1495.00 feet, through a central angle of 10° 02'31" an arc distance of 262.02 feet; thence non-tangent to said curve, South 470 52'47" East, along said Northeasterly line, a distance of 60.01 feet to the intersection point with a non-tangent curve, concave Northeasterly, with a radial bearing to said point of South 400 58'13" west; thence Southeasterly, along said Northeasterly line, along said curve with a radius of 1495.00 feet, through a central angle of 01° 14'57" EXHIBIT "A" PAGE 1 OF 2 an arc distance of 32.59 feet to the point of reverse curvature of a curve, concave Southwesterly; thence Southeasterly, along said Northeasterly line, along said curve with a radius of 530.00 feet, through a central angle of 50° 03'27" an arc distance of 463.04 feet; thence tangent to said curve, South 00° 13'17" East, along the Easterly line of said Parcel "C", a distance of 308.21 feet to a point on the South line of said Section 28; thence South 89' 47'00" West, along said South line a distance of 779.59 feet to the point of beginning. RFI>PM9171AO.DW EX MIT "A" PAGE 2 OF 2