HomeMy WebLinkAboutPM 1993-10 - Agreement/Covenant - 8/15/2006 -----------------------------------SPACE FOR RECORDERS USE ONLY-----------------------------
Water Job No. 4151
UGM No. 461
EARLY WATER AGREEMENT
P.M. #93-10
(For Early Construction of Water Improvements)
THIS AGREEMENT is made as of Jan. Io. , 1994, between THE VON S
COMPANIES, INC., A MICHIGAN CORPORATION ("Owner"), and the CITY OF FRESNO,
a Municipal Corporation ("City").
RECITALS
A. The Owner hereby warrants that any and all parties having record title interest in
the Subject Property which may ripen into a fee have subordinated to this instrument.
B. All such instruments of subordination, if any, are attached hereto and made a part
of this instrument.
C. Owner represents and warrants that it owns real property ("subject property")
situated in the City of Fresno, County of Fresno, described as follows:
See attached Legal Description entitled Exhibit "A" which is hereby incorporated by reference
as if set out in full.
D. Owner-i-ntends to construct a commercial development on the subject
property and has a legal interest in the subject property.
E. Owner has applied for approval of a parcel map pertaining to the subject property
designated as P.M. #93-10.
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F. Owner wishes to commence construction of water improvements within the tract
being developed prior to approval of the final parcel map for P.M. #93-10.
G. The City is unwilling to permit such construction or inspect same without
assurance that no vested rights or entitlements will be conferred by the issuance of this early
construction permit or by the acceptance of such construction upon inspection.
H. Owner acknowledges that such improvements will be accepted by the City only
if they comply with all applicable City standards, codes, and ordinances and are located within
public rights of way as fixed and dedicated upon such parcel map as may be finally approved
by the City, provided, in no case shall acceptance of such improvements be final until approval
and recordation of the final map by the Fresno City Council and County Recorder respectively.
I. Owner understands and acknowledges that the improvements described herein shall
be subject to acceptance or rejection by the City upon inspection thereof, and upon the terms and
conditions contained herein.
THEREFORE, IN CONSIDERATION of the foregoing recitals and the agreement by the
City to permit and inspect the early construction of water improvements as shown on the
approved City Drawing Water Job #4151, Sheets 1 through 3 in and upon the subject property,
Owner agrees:
1. If the final map for P.M. 93-10 for any reason is not approved by the City and
recorded by the County Recorder within six months after the execution of this Agreement, Owner
will remove from the subject property any improvements or construction placed or constructed
thereon pursuant to this Agreement or, at the election of and in the manner designated by the
City's Director of Public Works, cap or otherwise alter such improvements to prevent same from
becoming a nuisance or hazard; and, in either event, shall restore the subject property to its prior
condition. The time period specified in this paragraph will be extended unless the Public Works
Director determines that the grantin- of such an extension would be detrimental to the public
welfare. No extension will be made except upon written application by the Owner and submitted
to the City's Public Works Director at least 30 days prior to the expiration of the six-month
period for perfonnance or any extension thereof stating the reasons and facts supporting such
extension.
2. If Owner fails to comply with the provisions of Paragraph I above, the City or any
of its duly authorized officers, employees or agents, is unconditionally permitted to enter upon
the subject property and accomplish such removal or alteration.
3. If the City causes such removal or alteration under the provisions of Paragraph 2
above, the undersigned shall indemnify, hold harmless and defend the City, its officers,
employees and agents from any claims, lawsuits, costs, liability, damages or expenses of any
nature, including without limitation, costs of suit and fees and expenses for legal services arising
directly or indirectly out of such removal or alteration.
4. Any costs and expenses of removal shall be a lien on the subject property and
appurtenances running in favor of the City.
5. Upon execution of this Agreement, Owner shall pay fees in the amount of
$1,740.00 for the inspection of the installation of improvements described hereinabove.
6. Charles in the amount of$28,200.00 for necessary wet ties;charges in the amount
of $5,135.00 for water services and meters.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to Owner to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
8. No vested rights or entitlements are conferred by the issuance of this early
construction permit or by acceptance of any improvements constructed thereunder.
9. Owner shall indemnify, defend, and hold the City, its officers, employees, and
agents harmless from any liability, loss, claims, costs or damages (whether in contract, tort, or
strict liability, including without limitation death at any time, personal injury or property
damage), arising directly or indirectly out of the performance of this agreement except for
liability, loss, claims, costs or damages caused solely by the negligence or willful misconduct of
the City.
10. The provisions of this Agreement shall be released and of no further effect upon
recordation of Parcel Map 93-10.
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THE FOREGOING shall burden the subject property described and constitute a covenant
running with the land in favor of and for the benefit of the City and its property, shall be
enforceable thereby, and shall be binding upon the successors, assigns, transferees and heirs of
Owner.
CITY OF FRESNO THE VONS COMPANIES, INC.,
a municipal corporation a Michigan corporation
By: t - By:
R lymond G. Salazar, Acting v' �ref.�icLutir
Public Works Director
By:
5� A,'�
PATRICIA A. WEIMER
ASSISTANT SECRETARY
APPROVED AS TO FORM:
JOSEPH LOUGH
City Attor ey
Deputy
ATTEST:
JACQUELINE L. RYLE
City Clerk
By:
Deputy
01/10/94
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STATE OF CALI ORNI }ss.
COUNTY OF
E On before me,
0
U IC.ILWK`i ,
personally appeared
r
EE personally known to me (or proved
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to me on the basis of satisfactory evidence)to be the person(s)whose name(s)408 subscribed to the within
instrument and acknowledged to me that /the xecuted the same in hei authorized capacity(ies),
and that by eir ignature(s) on the instrument the person(s) or the entity upon behalf of which the
0
i
person(s) acted, executed the instrument. OFFICIAL NOTARY SEAL
HOLLV H THOLT
WITNESS my hand and official seal. Notary Public— CaBtontia
LOS ANGELES COUNTY
Signature My Comm.Exires MAR 20.1995
(This area for official notarial seal)
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
J -!
On _t c,: r� _ ;. , 199 ,before me,
personalr�appeared_
personally known to me (or proved to me on the basis o�satisfactory evidence) to be the person(a3
whose name(') is/ar-e subscribed to the within instrument and acknowledged to me that he/sheAboy
executed the same in hislher/thok authorized capacity(i"), and that by his/hed4heir signatures) on
the instruments the person(s), or the entity upon behalf of the CITY OF FRESNO of which the
person(o) acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELIlN'E L. RYLE, CMC
CITY CLERK
Deputy
SEwERN1AS
December 15. 1993
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P.M. #93-10
Water Job #4151
EARLY WATER AGREEMENT
1. WATER CONSTRUCTION
Engineer's Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . $85,264.00
Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (49,264.00)
Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . $36,000.00
2. TOTAL FOR INSPECTION FEE CALCULATION
$0410,000.00 (701o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$10,001.004500,000.00 ($700.00 + 4%) . . . . . . . . . . . . . . . . .
Over $500,000.00 ($20,000.00 + 2.5%) . . . . . . . . . . . . . . . . . .
Total Inspection Fees . . . . . . . . . . . . . . . . . . . . . . . . . . $1,740.00 $1,740.00
3. ENGINEERING PLAN REVIEW FEE: WATER
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $731.00
Date 10/1/93 Date 10/19/93
CM No. 58638 CM No. 73112
Amt. Pd. $460.00 Amt. Pd. $271.00
Balance Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 $0.00
4. MISCELLANEOUS WATER CHARGES: (ESTIMATED)
Water Job No. 4151
E-13450 Wet Tie Connection
Sheet #2 = S3,800.00
Install 14 x 8 tapping tee and valve in N. Cedar Ave.
Sheet #3 = S3,800.00
Install 14 x 8 tapping tee and valve in E. Shepherd Ave.
See Utility Plan:
Install fire hydrant 2 at 54,300.00/each = S8,600.00
See Utility Plan:
Install 8" fire services 3 at 54,000.00/ea =S 12,000.00
Total Water Related Charges . . . . . . . . . . . . . . . . . . . . $28,200.00 $28,200.00
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5. WATER SERVICES AND METER FOR LANDSCAPE IRRIGATION
1 1" meter at $275.00 each =$ 275.00
2 11/2" meters at $445.00 each =$ 890.00
1 2" meter at $500.00 each =$ 500.00
1 11/2" water service at $755.00 each =$ 755.00
1 2" water service at $905.00 each .$.810 9Qpb
WATER SERVICE FOR DOMESTIC USE
2 2" water service at $905.00 each = $1,810.00
NOTE: WATER METER TO BE PAID PRIOR
TO THE ISSUANCE OF A BUILDING PERMIT
Total . . $5,135.00 v' $5,135.00
6. EARLY CONSTRUCTION AGREEMENT PREPARATION FEE
Date 11/24/93
CM No. 73153
Amt. Pd. $430.00 . . . . . . . . . . . . . . $430.00 $0.00
TOTAL CHARGES $35,075.00
01/10/94
NUamb/WATER6.NL
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EXHIBIT "A"
DESCRIPTION
The and propeny simnued is the Slaw of California_County of Fresno. City of Fresno and is d==''bcd as follows:
The But hilt of Lot 37 and the Eut half of Lot 38 of Poria Colony No.2, according to the amended asap thcxwf
recorded in Volu=c 4, Pa$c 68 of Putt, Fresno C uwy Rc+cords.
EXCE MO THEREFROM the South 396 fees of said Lot 38.
CASHIER'S MEMO
CITY OF FRESNO
DVARTMENT OF FINANCII �
DATE+ -Tari- t9 1994• s as, eLs•co
NAME �E VOV1S�"t COM p� -h I ES /�. - K_. r /'1G,,a
ADDRESS h IA E C h 11�I t Y1da A V21 Arcadia is . 91W-7
ell HAS PAID INTO THE DEPARTMENT OF FINANCE AS FOLLOWS: INDEX CODE SUB-OBJECT G/L AMOUNT
b s t()
A30- 11450
I -74-e).nn
n
Landscape Zm=P�
(_ "
tlse jo: 4
mele-
y u n 2- 012Pelem &S5A[-7 533Z agn nn
Oat See. 1-1'12'1 /1.
�l `l u
In.noINDEX CODE SUB-0BJ. G/L AMOUNT MONEY DIRECT
Q 527 M CHECK El CASH D ORDER DEPOSIT
oO 2Dd CHECK NO. DATE BANK NO. AMOUNT
7 LZ- 67.S.60
0
DEPARTMENT OF FINANCE
TOTAL 'S O7 r'.DO BY — Dul�PLE�AS,E 51(CsN NMA- +
75054