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HomeMy WebLinkAboutPM 1995-04 - Agreement/Covenant - 8/15/2006 RECORDED AT REQUEST OF s 951 .37894 Cts TRik Recording Requested by M City Clerk, Fresno, California No Fee-Govt. Code 6103 Return to City Clerk, Fresno OC i 2 7 1995 rRESNO COUNTY, CALIFORNIA WILLIAM C.GREENWOOD. County Recorder Donita Ghimenti FEE :ABOVE.SPACE FOR.RECORDER':.S..lf EQ y`Nc» PARCEL MAPAG- -Ru-vv_,EmiFNT. AND STATEMENT OF IMPROVEMENTS City of - LIC WORKS DEPARTMENT t 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Parcel Map No. 95-04 P.W. He No. 5494 fik THIS AGREEMENT is made this _ day of O CJD z'iL , 19 g S�by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and TAKAICHI YAMAGUCHI, KENT YAMAGUCHI, RONALD YAMAGUCHI, and DAVID YAMAGUCHI, 2279 North Brawley Avenue, Fresno, California 93722, hereinafter designated and called the "Owner," and ALBERTSON'S, INC., A Delaware Corporation, 250 Parkcenter Blvd., P.O.Box 20, Bow, Idaho 83776, hereinafter designated and called the "Developer," and the Owner and Developer shall hereinafter collectively and individually where applicable, shall be jointly designated and called the "Subdivider" without regard for number or Gender. Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 2 RECITALS A. The 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 6 parcels the real property situated in the City of Fresno, County of Fresno, State of California, entitled "Parcel Map No. 95-04 and described in the attached Exhibit "A," which is incorporated in this Agreement. The 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 the map by the Engineer and by the City Director of the Development Department, all as required by the Fresno Municipal Code. B. The City requires, as a condition precedent to the acceptance and approval of Parcel Map No. 95-04 the dedication of such streets, highways and public places and easements as are delineated and shown on the Parcel Map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on the Parcel Map shall be improved by the construction and the installation of the improvements hereinafter specified in this Agreement. C. Section 12-1206 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to perform and complete the work and other matters hereinafter in this Agreement within the time required herein, in consideration of the acceptance of the offers of dedication and approval of the parcel map by the City of Fresno. THEREFORE, City and Subdivider agree as follows: Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 3 AGREEMENT 1. In consideration of approval of Parcel Map No. 95-04 for filing and recording as provided and required by law, Subdivider shall perform the work and improvements hereinafter specified to the satisfaction of the Engineer on or before October 1, 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. 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 Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 4 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. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522. The Subdivider 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 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. Street improvements to be constructed in West Clinton and North Brawley Avenues include: concrete curb and gutter along the frontage of the site, a strip of permanent pavement along the frontage of the site to match existing pavement, together with transition pavement as required. f. The Subdivider has deposited with the City the sum of One Hundred Four Thousand Three Hundred Twenty-Five and 12/100 Dollars ($ 104,325.12) for the total Parcel Map fees and charge obligations as a condition of the final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit "B." g. Perform and construct all work shown on the attached Exhibit "C". 5. The undergrounding of all overhead utilities is required as a condition of the final map. Release of any securities is conditioned on compliance with the undergrounding requirement. 6. Prior to the approval by the Director of the Development Department of said (final) parcel map, Subdivider shall furnish to the City: • i Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 5 a. Performance security in the sum of One Hundred Ninety-Nine Thousand and 00/100 Dollars ($ 199,000.00), which is equal to 100% of the total estimated cost of the work requirement. Five percent of said amount, Nine Thousand Nine Hundred Fifty and 00/100 Dollars ($ 9,950.00), shall be cash or a certificate of deposit; the remaining 95% One Hundred Eighty-Nine Thousand Fifty and 00/100 Dollars ($ 189,050.00) shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this agreement; and b. Payment security in the sum of Ninty-Nine Thousand Five Hundred and 00/100 Dollars ($ 99,500.00), 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 Two Thousand Seven Hundred Ninty-Four and 00/100 Dollars ($ 2,794.00), which is equal to 100% of the total estimated cost of the planting of street trees along the street frontages. One Hundred percent (100%) of said amount shall be cash or a certificate of deposit, all to be conditioned upon the faithful performance of this agreement; and d. Performance security in the sum of Sixteen Thousand and 00/100 Dollars ($ 16,000.00), which is equal to 100% of the total estimated cost of the preparation of the improvement plans and profiles required. One Hundred percent (100%) of said amount shall be in cash or a Certificate of Deposit. 7. On acceptance of the required work, warranty security shall be furnished to or retained by City in the amount of Four Thousand Nine Hundred Ninety and 00/100 Dollars ($ 4,990.00), 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. Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 6 a. Any and all other improvement security as required by the Fresno Municipal Code, Section 12-1016. 8. 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. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend and save the City harmless from and against any and all personal injuries to and deaths of persons and property damage, and all claims demands, costs, loss, damage, and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work and improvements to be done in and upon the street rights-of-way in the subdivision or upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, liability, loss, damage, howsoever caused, either directly or indirectly made or suffered by the Subdivider, or his agents, employees and subcontractors, in connection with the work and improvements required by this Agreement. The Subdivider further agrees that the use for any purpose and by any person of any of the streets, work or improvements specified in or required Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 7 by this Agreement or on the Parcel Map, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and the work and improvements thereon and therein. 10. 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 re-ordered by City from the same testing laboratory. Billing for the required retests shall be made directly to Subdivider or his agent for payment. Compaction test for water facilities installed by City shall be paid for by City. 11. Subdivider shall comply with Street, Plumbing, Building, Electrical, and Zoning Codes and any other Codes of the City. 12. It shall be the responsibility of 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 City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider 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 Subdivider to notify the Engineer may cause delay for which Subdivider shall be solely responsible. 13. Whenever Subdivider 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 the Engineer will be subject to rejection. The inspection of the work shall not relieve Subdivider of any of his obligations to fulfill the agreement as prescribed. Defective work shall be I Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 8 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. 14. 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 Subdivider before release of bond or final acceptance of completed work. 15. Adequate dust control shall be maintained by 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 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 Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon Subdivider or, if Subdivider is not an individual, upon any person who has signed this agreement on behalf of Subdivider or, at the election of the Engineer, such notice may be mailed to Subdivider 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 Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate 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 Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 9 equipment and personnel of City or by contract as the Engineer shall determine, and Subdivider 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. 16. Subdivider 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. 17. 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. 18. 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. 19. The obligations of the Owner and Developer provided in this Agreement are joint and several. Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 10 20. No assignment of this agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider 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 October 1, 1996, or any approved extension. CITY OF FRESNO, OWNER: a Municipal Corporation Takaichi Yama -Uod By Ray and G. Salazar, Director Public Works Department Ke Y(c" amag hi QQ X-� �G Ronald Yamaguchi APPROVED AS TO FORM: C MO OY David Ya.ma chi City orn DEVELOPER: ALBERTSON'S, INC., A Delaware Corporation Deputy By: William H. Arnold, Vice President Real Estate-Law (Attach Notary Acknowledgment) Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 10 20. No assignment of this agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider 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 October 1, 1996, or any approved extension. CITY OF FRESNO, OWNER: a Municipal Corporation Takaichi Yamaguchi By Raymond G. Salazar, Director Public Works Department Kent ac, ch Ronald Y guchi APPROVED AS TO FORM: HILDA CANTIJ MONTOY David Yamaguchi City Attorney DEVELOPER: By ALBERTSON'S, INC., A Delaware Corporation Deputy By:r William H. Arnold, Vice President Real Estate-Law (Attach Notary Acknowledgment) STATE OF CALIFORNIA, }COUNTY OF U S.S. On Oet-0122-v f 0 9�fJ� , before me, 11j,+;A' C"/ lc 0 N-G) a Notary Public in and for said County and State, personalty appeared A It C(f personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 NAt::'I xONG authorized capacity(ies), and that by his/her/their COV!,.31052318 signature(s) on the instrument the person(s), or ._-• Notary P'.:'U!:C—Callfomlo .the entity upon behalf of which the person(s) = Los AN ^�s coiacted, executed the instrument. My Cor!�m. cs FEB8 26.1999 WITNESS my hand and official seal. Signature _ f 1d NOTARY SEAL CLARIFICATION PAGE I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY NANCY KONG DATE COMMISSION EXPIRES FEBRUARY 26, 1999 PLACE OF EXECUTION LOS ANGELES, CALIFORNIA DATE October 10, 1995 (Govt.Code, sec.27361.7) CHICAGO TITLE COMPANY � Signature (Firm Name If Any) NOTARY SEAL CLARIFICATION PAGE I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY DATE COMMISSION EXPIRES PLACE OF EXECUTION DATE (Govt.Code,Sec.27361.7) Signature (Firm Name If Any) IWP41•981 FCRO.1.98(071%) MMEMMMMMMMERM STATE OF CALIFORNIA, COUNTY OF :P7f- OV 0 } S.S. C On �����-ice t , ��-/ S , before me, L-('l"L a Notary Public in and for said County and tate, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 SUZAIVIE C. FORD the entity upon behalf of which the persons cc _� coPUBNW.IC-C IF CO ( ) m r � �' NOTARY PUaLIC•CALIFORNIA CO acted, executed the instrument. PRINCIPAL OFFICE IN >J M FRESNO COUNTY My Commission Exp.Oct 6,1997 WIT J87 V and official s Si7iature STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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. WITNESS my hand and official seal. Signature f 4 TE 160 Legal(2-94) This form is furnished by Chicago Title Company STATE OF CALIFORNIA, COUNTY OF EL�_SN o } S.S. On C)c 4) i q q� , before me, f'L�_ (.Ll2GcL!'SC 'PLu a Notary Public in and for said County and State, personally c - appeared L c personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 F he/she/they executed the same in his/her/their ,`.ti SUZANNE C. FORD authorized capacity(ies), and that by his/her/their car: coMM.91005937 co signature(s) on the instrument the person(s), or CO = r '' NOTARY PUBLIC-CALIFORNIA CO the entity upon behalf of which the personPRINCIPAL OFFICE INs) LD FRESNO COUNTY �,�„� W Commission EXP.Oct.6,1997 acted, executed the instrument. ; WI and and officials I. Sig ture STATE OF CALIFORNIA, COUNTY OF } S.S. On G , ��� , before me, a Notary Public in and for said County and State, personally appeared ya_41no_ ��u'ch personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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 SUZANNE C.FORD 1:0COMM.01005937 signature(s) on the instrument the person(s), or cc `r `V NOTARY PUDLIC•CALIFORNIA 07 the entity upon behalf of which the person(s) CO = '� = PRINCIPAL OFFICE IN ) m FRESNO COUNTY -+ acted, executed the instrument. f my Commission Exp.Oct.6,1997 I ITNES hand and official s nature r TE 160 Legal(2-94) This form is furnished by Chicago Title Company Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 11 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 6e-T-. le , 1995, before me, , 3e 1/ &215 personally appeared )ej9 Y r?oiy,y G'_ S, 4)g, �,a personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WrINESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By46PICITY 0- Albertson's Inc. P.O. Box 20 Boise, Idaho 83726 Attn: William H. Arnold RFD:rfd:PM9504AG.DOC Parcel Map Agreement No. 95-04 (Owner/Developer Format) Page 12 State of Idaho ) OPTIONAL SECTION� County of Ada ) CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below,doing so may prove invaluable to persons On 10-04-95 before me, Josephine M. McDonald, Notary Publ'crelytng on the document. DATE NAML TMX OF OFFICER•EO..•LANE DOE.NOTARY PUBIC ❑INDIVIDUAL personally appeared William H. Arnold NAME(S)of sIc3+ERts) ®CORPORATE OFFICERS) Vice President. Real Estate Law ®personally known to me - OR -❑ proved to me on the basis of satisfactory TITLE(S) evidence to be the person(,y'j whose name(e 11 PARTNER(S) ❑LIMITED °a.��'E"°`"''�•• is/are subscribed to the within instrument and 11 A GENERAL • goy°���;: e�•'•, acknowledged to me that he%ke4e)executed ATTORNEY-IN-FACT O •. the same in his/ke4keif authorized ( ) c,, y �p Tq�r o 9 capacity(U&), and that by his/he"4hek TRUSTEE(S) S r _ signatureW on the instrument the personal, C or the entity upon behalf of which the GUARDIAN/CONSERVATOR ?* f'U B Ll a * person(4 acted, executed the instrument. J ❑OTHER , +' + ' U ,s' oTF+j F+Iv WITNESS my hand and official seal. ••�s�a"'�����•� - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) SI NATURE OF NOTARY Albertson's,Inc. My Commission Expires: 2-01-99 Residing at Nampa, ID a Delaware corporation OPTIONAL SECTION THIS CERTIFICATE MUST BE TITLE OR TYPE OF DOCUMENT ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE E LEGAL DESCRIPTION That portion of the Northeast quarter of the Southeast quarter of Section 26, Township 13 South, Range 19 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, described as follows: Commencing at the Northeast corner of said Southeast quarter; thence S 00° 04' 50" W, along the East line of said Southeast quarter, a distance of 635.00 feet; thence S 89' 53' 09" W, 20.00 feet to the True Point of Beginning. Thence (1) S 89° 53' 09" W, 412.58 feet; Thence (2) N 60° 06' S1" W, 40.00 feet; Thence (3) S 890 53' 09" W, 180.00 feet; Thence (4) N 560 44' 51" W, 100.00 feet; Thence (5) S 890 53' 09" W, 80.00 feet; Thence (6) N 000 04' 50" E, 560.00 feet to the North line of said Southeast quarter and the centerline of West Clinton Avenue; Thence (7) N 890 53' 09" E, along said centerline 734.99 feet, to the West line of the East 76.00 feet of said Southeast quarter; Thence (8) S 000 04' 50" W, along said West line, 63.50 feet; Thence (9) S 450 01' 01" E, 12.71 feet to a point on a line 67.00 feet West of and parallel to the East line of said Section 26; Thence (10) S 000 04' 50" W along said parallel line, 217.50 feet; Thence 01) N 890 53' 09" E, 47.00 feet to the West line of the East 20.00 feet of said Southeast quarter; Thence (12) S 000 04' 50" W, 345.00 feet to the True Point of Beginning. EXHIBIT "A" Pared Map No. 95-04 18-Oct-95 PARCEL MAP AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUIIAING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION ....................................... ....................................... 2600 FRESNO S rR Xr,FRESNO CA 93721-3604 PARCEL MAP No. >'' 4 < ` PREPARED BY: :::>.;:...;:. .:.:........ ..........:..... LOaa untte:.:..> :...:.::..:.....;.> UGM No. ; :...... :>;56D;;_> :: ; .W o. CHECKED BY: P . FILEN E PROJECT NAME: Yarcel`,...... .:'9 -04:::>;` >::: GROSS ACREAG If G < ' NETACREAG ACREAGE DISTRICTI SUBDIVIDER(AS PER MAP) UNITS ...amaguclz �.:..:.:...:�....:... ... .... . .... ..... .... ..... ...... .... ...... Cab >93;722 ;..;<::: .....ADDRESS: . PARCEL MAP AGREEMENT CALCULATIONS (Bonding Amounts) 1. Water Construction a. 8- Water Main 1105 LF X25 00 /LF 527,625 b. Fire Hydrant Assembly 6. EA X2,400 00 /EA 512,000 OQ; Total Water Construction 639,625 0 .. 39,G25 00 ; 2. Sewer Construction a. 8- PVC Sewer 67U LF ::5;23 00 ILF 515,410 00 _...... .. ...... _ ... . . ........ ... b. Road Bore 55 LF 5100.00 /LF 55,500 00 c. Standard Manholes .3::: EA ;52;000.00 /EA 56,000 OO Total Sewer Construction 526,91 00 526}910 00 'i Page 1 ( EXHIBIT -B- Parcel Map No. 95-04 18-Oct--95 3. Street Construction a. Grading ate.. CY .. 55.:00.::/CY SG,IOOOQ s b. Concrete Curb and Gutter <><>X32> c. AC Pavement 0.36'AC/0.50'AB 3298Q<` S F ,. .i,,..:.: / 20. S ........................... F 956 (t< d. Wheelchair Ramp and Landing............ EA ..S Ch&'1 0(;::/SF :..::.. ............ 000 e. Relocate Signs/Traffic Signs EA 5500;O1. /EA >>:>:.Sl 5#IQt < ::..:.. . f. Raise to Grade '--f :.::.;;5...... /EA ::::.:...................:.......::... g. Flood Control Catch Basin EA /EA h. 18" Storm Sewer Pipe 35> LF /LF i. Storm Sewer Manhole 1: EA 52,50OQII /EA $245t 00 Total Street Construction ;x72,228 OQ. > `:x1 ,2Z.80E1:: 4. Street Light Construction a. E-1 Type Electroliers 5 EA 53;000 00 /EA 515000 00 b. Safety Light _. 1 EA $10,00000 /EA Lump Sum x10,000 00; Total Street Light Construction ;525,000 OQ 525;000:00 ....................................... Subtotal for Construction Cost Bonding € I:63763OQ< Total for Inspection Fee Calculations :xI63F763 ... INSPECTION FEE CALCULATIONS .... ........ .. ... ........ ....... .... .. ..... . . ...... ..... .... Total for Inspection Fee Calculations .:x163;763 00 7% of First$10,000.00(5300.00 min) 5700 00 4% of next$490,000.00 x6 f50 52 2.5% of cost over$500,000.00 xQ 00': Total Inspection Fees 56,850 52:; Page 2 EXHBIT 'B' ■ Parcet Map No. 95-04 18-Oct-95 SubTotal For Construction Cost BondingLb376304'€ Parcel Comers, .... ers :............:::...28:. ® 558 00..:Ea ---> TL4(10 Q4 SubTotal For Construction Cost BondirglIG13:igE ....................................... ....................................... ....................................... Construction Contingency < >533837`flE? ....................................... ....................................... ....................................... Total Estimated Construction Cast ::_ Slf4ft)tf TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Foes ....................................... Total Estimated Construction Cost <S940i0; SECURITY CALCULATIONS Performance Security ....................................... ....................................... ....................................... 100% of the Total Estimated Construction Cost I:99 OQ0 0¢ ..................................... ....................................... ....... ..... ....................... 596 Security Deposit(Cash or C.D.) :$9;950;:00: ..... . .. .................. ...... ... .......... ...................... Performance-9596 5189;050 00 Payment Security ....................................... ....................................... ....................................... ............. ......................... Labor&Materials-5096599500;:00::: Warranty Security: ............ ...................... ............... ......... .......... 5% of First$50,000.00 52;500 04;; 3% of Next$50,000.00 5.1;500 00 . . .. . . .. . ........ .... .... ....... ... ......... ........... . .... .... .. ............... .... I% of Next$400,000.00 5.990 00' ........... .......................... ...................................... ........ .. . ........................ 112% of Costs Over$500,000.00 SO Q4 Total Amount to be Retained for Warranty 54,994 00'< page 3 EXHIBIT -B- •ParceYMap No. 95-04 18-Oct-95 PLAN PREPARATION SECURITY CALCULATIONS Improvement Plans ....................................... ....................................... ....................................... Total Estimated cost of Construction637630 1096 of the Total Estimated Construction Cost rI600(Y00 - Security Amount (A) SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of +EMe Iwgdned dour Thousand Tbtea Htwdre Twenty ive aad_12l10(1 1 ......... (S tY4y32S1 )for the following: ....................................... ....................................... ....................................... ....................................... (1) INSPECTION FEES M. (2) MONUMENT CHECK FEE ...._._. ..... ....... ................_.............. __._. . .. 6 LOTS ® S3o 00; /LOT(Min$200.00) ['. : 5200 OQ (3) INTERSECTION SIGNING C� 5173 OQ. ea .Std . (4) TRAFFIC REGULATORYIWARNING SIGNING 4 ` ® $77,04;ea 308..Q.. (5) NO PARKING AND BIKE LANE SIGNING ® S 'T OU; ea 34.DE1� (6) STREET TREES City planted lot trees to be maintained by the lot owners. Q Trees® s1Z? OQ. /Tree SU 00 Street Tree Inspection Fee(privately planted street trees to be maintained by the lot owners 22'; Trees®S 525 00': lTree $550 00 ......... . ............. .. .... . (7) FMFCD DRAINAGE FEE Zone District GILUGM (Road Areas Only) ;.512,863 QO (8) POND MAINTENANCE FEE SF ISF (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE LF ® /LF .Q4.: Page 4 ?' EXH BTT 'B' P"ti Map No. 95-04 18-Oct-95 (10) SEWER TRENCH WATER COMPACTION CHARGE CY (11)UGM FIRE STATION FEE (Service Area No. : ><> > '<>><>>) (Zone District No. IIEIGIrh: ) ....... Deferred by Covenant ' I (0=no =yes) ... ...::... 485 >:>:> W:/Ac Acres :r::: .$2$;577 SQ: Total UGM Fire Station Fee Due with Agreement $ .OQ (12)UGM NEIGHBORHOOD PARK FEE ......... .... .................... (Service Area No. .......:................................ ......................................... ........................................ (Zone District No. If3GM '= ': ) ... Deferred by Covenant 1` (O=w =yes) Total UGM Neighborhood Park Fee Due with Agreement (13) SANITARY SEWER FEES < 3....1....... bE ` (a) Lateral Charge Deferred by Covenant I (O=no =yes) 744 OOi LF /LF ® S10 00:: 57,44000.: 8e g .... Total Lateral Char Due with Agreement (b) Oversize Charge .................. ....... ........................... ............................ ............................ (UGM Reimbursement Area No. 3 ) _..... ... _ __ Deferred by Covenant 1 1150 Ac ® 5240 W:,/Ac $2 Tb0 00 Less Oversize Credits [ S¢ Less Overdepth Credits ....................................... ............. . .................... Net Oversize Charge 52;760 00: Total Oversize Charge Due with Agreement $0 E}0: (c)Trunk Sewer Charge _......__ ........._.. ........................................ ........................................ ...................................... Trunk Sewer Service Area CorrteIu : >: 'i> 56.38 : UNITS ® 5570 00'; /UNIT S32136 60 (Note: Major Facilities Sewer Service Charge and Wastew er Facilities Charge are to be paid as each lot is developed at the current rate.) Total Sewer Charges .$32,136 60;;! ' Y page 5 EXHIBIT -13- Pane!Map No. 95-04 IS-Oct-95 (14) WATER CHARGES 5114 ....................................... ....................................... (a)Time& Material Charges("Wet-Tie") (Estimate No. 5.1:;:;) (Water Job No. <> ) (bl) Service Connection Charges Deferred by Covenant ......(O=no 1=yes) 1-1 /2SERVI 2 S VI 1 ER Ea. 1-1/2* METE :00� Es. '.3 METE >;S62a0 >> Ea. 'S60t0i) »2w RS® ..:.....5.:: :::::::::::::::::. All services to be installed by the developer. Total Service Connection Charges Due with Agreement (h2) Service Connection Charges Continued Landscape Service Connections(Not Deferrable by Covenant) w 1 METERS -1/2 1 METE Ea > . . RS® (c) Frontage Charge Deferred by Covenant >< I;>':°(0=no 1=yes) .... 669 004. LF Clinton® /I,F _;..S�x3448 5( . S4 ©Of LF Brawley® S6 Sf?; /I.F $3,2Q5 Total Service Connection Charges Due with Agreement $0 00 (d) Fre Hydrant Charge ........................................ ......................................... ......................................... ........ .....__.................. (Zone District C-I/UGM ) XI:1.61 423142 0. SF® SI ZS>>; /100 SF 55;289 28:.; (e)Transmission Grid Main Charge .... ...................... ..... .............. .... ............................. .......................... (UGM Reimbursement Area No. $ < ) Deferred by Covenant 1' (O=no 1=yes) II 50 AC ® $560.00<' /AC 56,440 0 AC ® : /AC0 00 Less TGM Credits ..._ SO.Ot : ) ..........................::..:....... ....................................... Net TGM Charge 56;440 Ob Total TGM Charge Due with AgreementS 0 (f) Water Construction Charge 0.00: UNITS ® $i.25 /UNIT So 00 UNIT DEFINITION for Well Head, Recharge Fess, 1994 Bond Dept, &Water Supply Units by: living.Units Equivalents 5.8 units per X 9.72 acres = 56.38 units page 6 EXHIBIT -B- . Parcel Map No. 95-04 18Oct-" (g)UGM Water Supply Charge ............................ ............................. ............................ ............................. (Supply Well No. 56 38.. UNITS /UNITS 442 04 524,918 46.; Less Well Credits [ Net Well Charge ....................,9I9 46 (h)Well Head Treatment Fee ............................. ............................ ............................. Well Head Treatment Service Area ............................. »:;•>56 38 UNITS ® 92 OQ'UNITS ;. IQ824.9& (i)Recharge Fee ............. ....................... ............................. . ................... Recharge Service Area >3t1 >56'38=< UNITS < UNITS >% .000> V7 1994 Bond Debt Service Fee 1994 Bond Debt Service Area: ::: UNITS 8 UNITS 36.3 °`<38280`' Total Water Charges ; :SI ;4I7 W. (15)UGM MAJOR STREET CHARGE <> 4 _. ................................ (Zone: E-4 C=130...11 ; `;; ) ... .. ....... ..... .... .. Deferred by Covenant 1 ;(O=no no 1=Yes) rr 9 AC ® 52,435 00 /AC a23,6b8 .......:...:...:.....:.............:... ....................................... Less Major Street Credit [ 50 OQ>] Net Major Street Charge This Zone . 523;668 2Q. Total UGM Major Street Charge Due with AgreementO.OQ'.' ....................................... ....................................... ....................................... ...................................... (16) UGM MAJOR STREET BRIDGE CHARGE .. O(1=` ... . ......................... ..... ...... .................. ............ ................... (Zone E-4 ;C-1AJGM': ) Deferred by Covenant I" (0=no 1=Yes) 9 72ii AC ® 5135 00 /AC SI312.2Q> _...... .. __ .. Less Major Street Bridge Credit [ $0 OQ ] Net Major Street Bridge Charge SI3I2.20' Total UGM Major Street Bridge Charge Due with Agreement . ._.....as oa> ...................................... .................... .__.__........ ....................................... (17)UGM TRAFFIC SIGNAL CHARGE Deferred by Covenant 1 (0—no 1=yes) 9.72 AC ® 5860 i 0 /AC 58,359 20';` Less Signal Credit [ 50 00; ] Net Traffic Signal Charge ,:58,359.20 Total UGM Traffic Signal Charge Due with Agreement 50.00: (18) UGM GRADE SEPARATION CHARGE Deferred by Covenant 0" (O=no 1=Yes) SQ U0 (Service Area, Zone: E-4-A ) _..__. ._._ _ . ...__ .....- ......... _. 9 72 AC ® /AC SQ OQ' Total UGM Grade Separation Charge Due with Agreement . ...00:... i page 7 EXHIBIT 'B' Parcel Map No. 95-04 18-Oct-95 (19)UGM AT-GRADE RAILROAD CROSSING FEE ....................................... Deferred by Covenant ;0 (0=no I=yes) ............................................................... Service Area: >.. :::.9,72 'AC ®... .. ... /AC :0 Service Area: N/A.:-- .... .... :. . AC ® /AC SQ . ....................................... ....................................... ...................................... Less At-Grade Railroad Crossing Credit ?' < <> .> << .....:.................................. .........................��.:.K............ Total UGM At-Grade RR-Xing Fee Total UGM At-Grade RR-Xing Fee Due with Agreement .i ....................................... ....................................... (20) UGM TRUNK SEWER FEE >3EfiD h: ....................................... Service Area :f' » ' >> > > ............................ ............................. ............................ ............................. (Zone District Deferred by Covenant '> (O=no 1=yes) T2: AC ® AC .:. <<>AC /AC LOTS <<< /LOT Total UGM Trunk Sewer Fee Due with Agreement " f ....................................... ....................................... ....................................... (21) OVERLAY SEWER SERVICE AREA ; ; OQ4 Deferred by Covenant (0=no 1=yes) 9,?2' AC .....................................:. ....................................... ....................................... Total Overlay Sewer Fee Due with Agreement 0 22 OR STREET RIGHT-OF-WAY ACQUISITION CHARGE ( ) UGM MAJOR Q ...................................... ....................................... ....................................... ....................................... (23) UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE ....................................... ....................................... ....................................... ....................................... (24) UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE s>> ''' ' ....................................... ....................................... ....................................... ....................................... (25) UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE ....................................... ....................................... ....................................... (26)HERNDON AVENUE WIDENING IMPROVEMENTS-CASH IN LIEU TOTAL FEES, CHARGES AND CASH IN LIEU DUE WITH AGREEMENT $ 041325 1Z page 8 EXHIBIT -B- Pamel.Map No. 95-04 18-Oct-95 (B) FEE DEFERRALS (1) UGM FIRE STATION FEE ><= ?$;577:5(}:; (Service Area No. (Zone District No. C-1f[IGI ...... ) Deferred by Covenant 11 SU Acres ® s2,4$S Oct /Ac Total UGM Neighborhood Park Fee Deferred by Covenant r28 5?'15 ' ....................................... (2)UGM NEIGHBORHOOD PARK FEE 7tYT < Service Area No. (Zone District No. :II.............. <) Deferred by Covenant Acres 0 /Ac ............. Total UGM Neighborhood Park Fee Deferred by Covenants 't'4)7 +.::.. (3) SANITARY SEWER FEES (a)Lateral Charge Deferred by Covenant 74 Oa LF ® 54 OE} /1.F ,44fi1t 0 t70: LF ® Total Lateral Charge Deferred by Coveaaat (b) Oversize Charge ........................... ...... ..................... (UGM Reimbursement Area No. Deferred by Covenant .. I I SQ Ac ® 5240 00: /Ac $2?60 00 Less Oversize Credits Less Overdepth Credits [ : :.. . Net Oversize Charge x2,7 .0 Total Oversize Charge Deferred by Covenant _.x2,76 4 ..................................... (4) WATER CHARGES 11;44400'; (a) Service Connection Charges Deferred by Covenant 3 1-1/2" Service® 58s0 00 . Ea. 52,64400 1 2 Servico® 51,010 00 Ea. S1,E1I4 00 METERS® 5620 WEa. 51,864 00 :5 : 1-1/2" METERS® 54 000 Ea. 52,350 OQ Total Service Connection Charges Deferred by Covenant7860:QQ Page 9 �� EXMlT "B" Parcel Map No. 95-04 18-Oct-95 (b) Frontage Charge Deferred by Covenant LF /LF $4,3480 50?dU.;LF ® S6 54>: /L.F S3295 50< Total Service Connection Charges deferred by Covenant SOo (c)Transmission Grid Main Charge ............................. ............................ ............................. ............................ (UGM Reimbursement Area No. B is<> ) ::........... ........ Deferred by Covenant AC ® 5560 /AC 000 Less TGM Credits Net TGM Charge S6,4d0 < Total TGM Charge Deferred by Covenant .: <56,' (5)UGM MAJOR STREET CHARGE 36C$ ................................. .................................. .................................. (Zone E-4 : :C=i'/UG ) ................................. Deferred by Covenant g. .. /AC AC S"13 648?0... ....................................... Less Major Street Credit [ < ; > `''' SOfIQ ] Net Major Street Charge This Zone S23G68.2ff Total UGM Major Street Charge Deferred by Covenant SZ3b68; ....................................... ....................................... ....................................... (6)UGM MAJOR STREET BRIDGE CHARGE 1'R3#22EI .... .. ....................... ........ ...................... . ........ .................... (Zone E-4 .... .=1lUGM . ...... ...................... Deferred by Covenant ::::9.72;.:: AC ® 5.135 04 /AC 51,312 20 Less Major Street Bridge Credit Net Major Street Bridge Charge Sf312 3I Total UGM Major Street Bridge Charge Deferred by Covenant S12 ; (7)UGM TRAFFIC SIGNAL CHARGE ': 2d< Deferred by Covenant 72.: AC ® S86o OU /AC ;8,359 24 Less Signal Credit I ) Net Traffic Signal Charge 5835910;> Total UGM Traffic Signal Charge Deferred by Covenant 58;359 20 (8)UGM GRADE SEPARATION CHARGE Deferred by Covenant iS (Service Area, Zone: E-4-A> ) 9.72: AC ® $0.00; /AC SO 00< Total UGM Grade Separation Charge Deferred by Covenant SO 00` page 10 ry^� EXHIBIT 'B' > Map No. 95-04 IS-W-95 ....................................... ....................................... ....................................... ....................................... (9)UGM AT-GRADE RAILROAD CROSSING FEE < s �0�0(k` Deferred by Covenant ............................................................... ............................................................. Service Area: .. . ... ..... Service Area: .............O El0< AC ;St}04:/AC t70 Less At-Gqide Railroad Crossing Credit Total UGM At-Grade RR-Xing Fee So QQ Total UGM At-Grade RR-Xing Fee Deferred by Covenant . .. ;:;;:.$A.Oa: ....................................... ....................................... ....................................... (10) UGM TRUNK SEWER FEE '' $ ....:::....::::........................ Service Area (Zone District =2'I7G> ) Deferred by Covenant AC /AC AC /AC LOTS /LOT Total UGM Trunk Sewer Fee Deferred by Covenant (11) OVERLAY SEWER SERVICE AREA ................. t1(!(T Deferred by Covenant AC »:: ® .:: Total Overlay Sewer Fee Deferred by Covenant ivt ....................................... TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT ` 93 ` 6t > QM04VBDWMION SPREADSHM FBE:QPRO DSC NO. C tiQPR010utTJ1;::::;,.::•;..:..; FRE NAA page EXHIBIT 'B' f WEST CLINTON AVENUE - - -5- - - - --5- - - - _. ... .... ....... . ........ .. ...... .... .. . I coaTnUcT Az, caaTlR,cT I1 PAVfteW IMTALLM. I. L.Y OOMTM� fTT=NCR AND LA101P0�RA✓y I I LJOW MrMCAU CL*b O OIIeR I I I I I I PARCEL F SM%TTY UCrf W D I I II z W I I PARCEL E I , f I OpLITAJOT STIR' AOM I I "H'un sewer TAIGT AG. } I I PARCEL B rAvnewr I I I J IPARCEL D PARCEL C 3 II m 1 I 1 � I II I I PARCEL A I I I I II = ISI H I I I Q O z \ WA1eR MAW llos Lr. -----------. - -------- -------- copomw ie sTcm sewer AJ%0 GATCN &ASIN I NOTES ( �� ALL WOM SHALL DE PERFORbEO IN ACCORDANCE WITH tXISTING CITY OF FKe5N0 STANDARD 9PtCIFICATION5. I II THE EXACT TYPE AND LOCATION OF ALL I II STREET LIGHTS / SAFtTY LIC frS SHALL Dt CETERMINED DT THE TRAFFIC ENGINEER I Tlf LrDERGROIJNDING OF ALL MERMAID UTILITIt5 15 REQUIRtD A5 A CONDITION OF THE FINAL MAP. RELEASE OF ANY 5ECLRITIt5 15 CONDITIONED ON COI.PLIANCE WITH TYE L44DEIeGROUNDINY'i REOUIREMENT. ALL INTERIOR PROPERTY CORNERS SHALL Bt SET OR PLACED DT A LICtN5ED LAND %M&YOR OR RE015TtRE0 CIVIL ENGINEER. REF. & REV. CITY OF FRESNO - DEVELOPMENT DEPARTMENT REV. 9/26/95 BUILDING & SAFETY SERVICES DIVISION - ENGINEERING & LAND DIVISION SECTION DR. BY: R-IZ SHEET N0. I . EAU u 0 � T CH. BY: OF I SHEETS DATE: `►2�5 PARCEL MAP NO. 95-04 SCALE: N.T.5. FILE N0. 5494 1 y .J