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HomeMy WebLinkAboutPM 1997-11 - Agreement/Covenant - 8/10/2006 t, CITY OF FRESNO DEVELOPMENT DEPARTMENT 12/01/1999,19990171191 2600 FRESNO STREET COMFORM FRESNO CA 93721-3604 VE SPACE FORRPORDER'SUSEO PARCEL MAP AGREEMENT AND STATEMENT OF IMPROVEMENTS City of LIMCdMIL1: rnM- -.111.0 PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (559) 498-1602 Parcel Map No. 97-11 P.W. File No. 5494-97-11 THIS AGREEMENT is made this —7;�'�7 day of � , 1999, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and , GALAXY INVESTMENT CORPORATION a California Corporation, c/o B. M. Patel, 4061 North Blackstone Avenue, Fresno, California 93726, hereinafter designated and called the "Owner," and designated and called the "Subdivider" without regard for number or Gender. c Parcel Map Agreement No. 97-11 October 27, 1999 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 Two parcels the real property situated in the City of Fresno, County of Fresno, State of California, entitled "Parcel Map No. 97-11" and described in the attached Exhibit "A," which is incorporated in this Agreement. The Owner has delivered the map to the City for approval by the Deputy City Engineer and by the Director of the Development Department, as required by the Fresno Municipal Code. B. The City requires, as a condition precedent to the acceptance and approval of Parcel Map No. 97-11 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. AGREEMENT In consideration of approval of Parcel Map No. 97-11 for filing and recording as provided and required by law, it is mutually agreed and understood by and between Subdivider and City, and the Subdivider and City do hereby mutually agree, as follows: Parcel Map Agreement No. 97-11 October 27, 1999 Page 3 1. The Subdivider shall perform the work and improvements hereinafter specified to the satisfaction of the Engineer on or before October 27, 2000. 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 September 11, 1984, by Resolution No. 84-361 and as amended, 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 Parcel Map Agreement No. 97-11 October 27, 1999 Page 4 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 13-120.3315 of the Fresno Municipal Code. 5. Prior to the approval by the Director of the Development Department of said (final)parcel map, The Subdivider shall furnish to the City the securities listed below. The improvements are more particularly itemized and made a part of this agreement in the attached Exhibit "B". a. Performance security in the sum of Thirteen Thousand Two Hundred Dollars ($ 13,200.00), which is equal to 100% of the total estimated cost of the work requirement. Five percent of said amount, Six Hundred Sixty Dollars ($ 660.00 ), shall be cash or a certificate of deposit; the remaining 95%, Twelve Thousand Five Hundred Forty Dollars ($ 12,540.00 ) 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 Six Thousand Six Hundred Dollars ($6,600.00 ), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials, or equipment to them for said improvements. Parcel Map Agreement No. 97-11 October 27, 1999 Page 5 Bonds shall be by one or more duly authorized corporate sureties subject to the approval of City and on forms furnished by City. 6. On acceptance of the required work, warranty security shall be furnished to or retained by City in the amount of Six Hundred Sixty Dollars ($ 660.00 ), for guarantee and warranty of the work for a period of one (1) 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. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. The 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. 8. 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 Parcel Map Agreement No. 97-11 October 27, 1999 Page 6 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 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. 9. 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 Subdivider or his agent for payment. Compaction test for water facilities installed by City shall be paid for by City. 10. Subdivider shall comply with Street, Plumbing, Building, Electrical, and Zoning Codes and any other Codes of the City. 11. 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 the City be placed in the position of making Parcel Map Agreement No. 97-11 October 27, 1999 Page 7 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. 12. Whenever the 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 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. 13. 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. 14. 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 Parcel Map Agreement No. 97-11 October 27, 1999 Page 8 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 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. 15. 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. 16. 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. 17. 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 Parcel Map Agreement No. 97-11 October 27, 1999 Page 9 hereto, their heirs, successors in interest, and assigns. 18. The obligations of the Owner and Developer provided in this Agreement are joint and several. 19. No assignment of this agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner or Developer 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 27, 2000, or any approved extension. CITY OF FRESNO, OWNER a Municipal Corporation By Aa . GALAXY INVESTMENT CORPORATION, h A. White, Director a California Corporation Pu c Works Department By: APPROVED AS TO FORM: Asho Thakrar, President HILDA CANTU MONTOY / City Atto ey By: B. M. Patel, Chief Financial Officer By Deputy (Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of `,Q Es Jo On p o/3F.Z7. 99 before me, DATES personally appeared 4_clj�p4 77/A jj: A, eldzD/ a-111. "';Iw�z � , ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ism subscribed to the within instrument and acknowledged to me that he/sh9�xecuted the same in his/her ei authorized capacity(ies), and that by his/hek signature(s) on the instrument N ~ �= the person(s), or the entity upon behalf of which COMM.11203074 nNOTARY PUBLIC•CAIIFORNIA H � y� the person(s) acted, executed the instrument. y t FRESNO COUNTY ro My Comm.Esp.Nov.26,2002 WITNESS my hand and official seal. SIGNATURE OF NO ARY QPTIQNAL. The data below is not required bylaw,though it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On 1999 before me, personally appeared John A. White. Director personally known to me (0 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 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By DEP TY FP97-11 Parcel Map Agreement.wpd Parcel Map No. 97-11 P.W. File No. 5494-97-11 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust dated November 21, 1997, recorded on December 3, 1997, in the office of the Fresno County Recorder as Document No. 97159350 of which the Deed of Trust in by and between Galaxy Investment Corporation, a California Corporation, as Trustor, Chicago Title Company, a California corporation, as Trustee, and Merrill Lynch Credit Corporation, a Delaware Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Parcel Map Agreement and Statement of Improvements for Parcel Map No. 97-11. NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, DATED: l 1999 AS TRUSTEE FOR THE REGISTERED HOLDERS OF MERRILL LYNCH MORTGAGE INVESTORS,INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1998-C2; BY By: t--�- (Attach Notary Acknowledgment) EXHIBIT "A" Parcels A and B, inclusive, of Parcel Map No. 97-11 as recorded in Book o of Parcel Maps at Page , Fresno County Records. EXHIBIT "A" Agreement and Statement of Improvements for Parcel Map No. 97-11 27-Oct-99 BONDING CALCULATION SHEET 1. Street Construction (Bonding Amounts) Total Street Construction Cost $ `� 2. Sewer Construction Total Sewer Construction Cost 3. Street Light Construction Type E-1 Electroliers I 1 @ $3,500.00 Ea $7,000.00 Type E-2 Electroliers I @ $2,500.00 Ea $5,000.00 Total Street Light Construction Cost SubTotal For Construction Cost Bonding $12,000.00 Lot and Block Corners, 0 @ $50.00 Ea $0.00 SubTotal For Construction Cost Bonding $12,000.00 Construction Contingency $1,200.00 Total Estimated Construction Cost 601 SECURITY CALCULATIONS Performance Security 100%of the Total Estimated Construction Cost $13,200.00 5% Security Deposit(Cash or C.D.) $660.00 Performance-95% $12,540.00 Payment Security Labor& Materials-50% $6,600.00 Warranty Security: 5%of First$50,000.00 $660.00 3% of Next$50,000.00 $0.00 1% of Next$400,000.00 $0.00 1/2% of Costs Over$500,000.00 $0.00 Total Amount to be Retained for Warranty E EXHIBIT "B" ( Parcel Map No. 97-11) Page 1