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HomeMy WebLinkAboutPM 1998-16 - Agreement/Covenant - 8/10/2006 e , Y 06/02/1999,19990083292 PLEASE CONFORM A80YE, PACE-FOR,REC©RD R'S PARCEL MAP AGREEMENT AND STATEMENT OF IMPROVEMENTS City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (559) 498-1602 Parcel Map No. 98-16 P.W. File No. 5494 THIS AGREEMENT is made this .2/5-r day of yA_�W , 19by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and The Skochko 1993 Living Trust, Zachary Skochko, Brook E. Bahn and Cindy L. Bahn, Janie J. Doak, 1877 East Emerald Avenue, Fresno, California 93720-4205, hereinafter designated and called the "Owner," and designated and called the "Subdivider" without regard for number or Gender. f Parcel Map Agreement No. 98-16 Page 3 AGREEMENT In consideration of approval of Parcel Map No. 98-16 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: 1. The Subdivider shall perform the work and improvements hereinafter specified to the satisfaction of the Engineer on or before May 31, 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 Parcel Map Agreement No. 98-16 Page 5 improvements are more particularly itemized and made a part of this agreement in the attached Exhibit "B" a. Performance security in the sum of Two Hundred One Thousand and 00/100 Dollars ($201,000.00), which is equal to 100% of the total estimated cost of the work requirement. Five percent of said amount, Ten Thousand Fifty and 00/100 Dollars ($10,050.00), shall be cash or a certificate of deposit; the remaining 95%, One Hundred Ninety Thousand Nine Hundred Fifty and 00/100 Dollars ($190,950.00) 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 One Hundred Thousand Five Hundred and 00/100 Dollars ($100,500.00), 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. 6. On acceptance of the required work, warranty security shall be furnished to or retained by City in the amount of Five Thousand Ten and 00/100 Dollars ($5,010.00), 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 Parcel Map Agreement No. 98-16 Page 7 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 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 vanes 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 Parcel Map Agreement No. 98-16 Page 9 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 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 September 30, 1999, or any approved extension. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,Q6j 0 On �� before me, 61,0M1 a C�_ ftA�,, /V6 7,a-2y euC personally appeared J'um ko- StoGt/c.o Ai1D Au4stw personally known to me - OR - ❑ proved to me on the basis of satisfactory. evidence) to be the personCDwhose nameW are NOTARY STAMP OR SEAL subscribed to the within instrument and acknowledged to me that ey executed the same in 114 eir authorized capacity ie , GLORIA D.ADAMS and that by Wh t eir signatureW on the Commission# ii75s48 Notary Public-Califomla instrument the person, or the entity upon behalf � � Fresno Conty of which the persons �W_ MyCornm,Explmsu acted, executed the Apt3,40(J4 instrument. WITNESS my hand and official seal. t" !us!fi'fu ")F NOTARY 11111111111, M 111W W...' OpTIONA(, The data below is not required by law, though it may prove valuable to persons relying an the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUALS 1Or�- AX-0 ❑ CORPORATE OFFICER &4ej— MAr TITLE OF DOCUMENT T'n""t ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: i or reeaoNlal oR e►arrvc= SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of / N U On 2/& l7/ 9 before me, �l.UK./i� b 2AW, D7' UE DATL personally appeared ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence) to be the person( whose name(4fi NOTARY STAMP OR SQL subscribed to the within instrument and acknowledged to me that e![ */ttwV executed the same I his lgr/0,4 r authorized capacity(i@M, GLORIA D.ADAI�S and that by is l r signature(s) on the Commission ll 111 55A instrument the person*, or the entity upon behalf Notary Public-Califom(a Fresno County of which the person acted, executed the My Comm.5pinWAW420M r instrument. WITNESS my hand and official seal. IGNA U EO O ARY .. ..... The data below is riot required by law, 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 AQC� lykp ❑ CORPORATE OFFICER 4t C£c. 11(* TITLE OF DOCUMENT TnLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: WAME OF PERSONS)OR eMTr(IES) SIGNER(S) OTHER THAN NAMED ABOVE CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On , 1999 before me, �) C /y �? V E R E T— personally appeared John A. White, Director 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. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By tEY 6 The Skochko 1993 Living Trust et al Zackary Skochko 1877 East Emerald Avenue Fresno, California 93720-4205 BJW:bjw FP98-16 Parcel Map Agreement.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &I—wo On L before me, 61212>& 4&/cDATE , personally appeared 57-ww JQ ScvCHxc) 4w6 14.44 Scly J._o H-4o personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence) to be the person Dwhose named i re NOTARY STAMP OR STEAL subscribed to the within instrument and acknowledged to me that I SI>6�executed the same in /their authorized capacit ie , DAW and that by / heir signature(s) on the ComrnIzIon#17& W Notary"Ic-Callfcrnla instrument the persor &, or the entity upon behalf FrmnoCo,r,ty of which the perso (s acted, executed the %7MV COMM'BPkM AV3'20M instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONA1.L The data below is not required by law, 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 Tr'LE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ TRUSTEE(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT PERSON SIGNING IS REPRESENTING: N A OF PERSON(S)OR ENTTTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Parcel Map No.98-16 16-Apr-99 PARCEL MAP AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (559)498-4451 BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION 2600 FRESNO STREET,FRESNO CA 93721-3604 PARCEL MAP No. 98-16 PREPARED BY: Bill J.Walls UGM No. N/A CHECKED BY: Alan T.Kawakami P.W.FILE No. 5494 TENTATIVE TP-98-16 PARCELS 8 ZONING: I M-1 GROSS ACREAGE 10.2879 SUBDIVIDER(AS PER MAP) NET ACREAGE 10.2879 The Skochko 1993 Living Trust c/o Zack Skochko ADDRESS: 1877 East Emerald Avenue Fresno California 93720-4205 BONDING CALCULATION SHEET 1a. Street Construction(Annadate) Roadway Excavation 570 @ $3.50 /Cubic Yard $1.995.00 Asphalt Concrete Pavement,T e"B" 308 @ $40.00 /Ton $12 320.00 Aggregated Base Class 11 576 @ $16.50 /Ton $9504.00 Concrete Curb and Gutter 642 $8.00 /Linear Foot $5.136.00J Concrete Valley Gutter $1800.00 /Each $1800.00 Transition Pavement 68 @ $40.00 /Ton r $2,720.00 1b. Street Construction(Angus) Roadway Excavation 720 @ $3.50 /Cubic Yard $2,52 Asphalt Concrete Pavement,Type"B" 465@ 1 $40.00 /Ton $18,600.00 Aggregated Base Class II 875 @ $16.50 /Ton $14,437.50 Concrete Curb and Gutter 897 @ $8.00 /Linear Foot $7.17 Total Street Construction Cost(Annadate and Angus) r $76 208.50 $76,269.90 EXHIBIT "B" Page 1 Parcel Map No.98-16 16-Apr-99 6. Street Light Construction Type E-�1 Electroliers $3,000.00 Ea $0.00 Type E-�2 Electroliers Ea —$5,000.00 Total Street Light Construction Cost SubTotal For Construction Cost Bonding $181,594.50 Lot and Block Corners, 23 $50.00 Ea $1,150. SubTotal For Construction Cost Bonding $182774475-0 Construction Contingency $18,255.50 Total Estimated Construction Cost $201,000.00 SECURITY CALCULATIONS Performance Security 100%of the Total Estimated Construction Cost $201 000.00 5%Security Deposit(Cash or C.D.) $10,0 Performance-95% $190.9 Payment Security Labor&Materials-50% $100 500.00 Warranty Security: 5%of First$50,000.00 $2,5 3%of Next$50,000.00 $1,500.00 1%of Next$400,000.00 $1,01000 112%of Costs Over$500,000.00 r— $0.00 Total Amount to be Retained for Warranty 1 EXHIBIT "B" Page 3 s , Parcel Map No.98-16 16-Apr-99 (c)Trunk Sewer Charge Trunk Sewer Service Area 0.0000 Units $0.00 /Unit $0.00 Total Trunk Sewer Charge Due With Agreement $0.00 Total Sewer Charges(Due With The Agreement) $0.00 (11)WATER CHARGES $4,200.00 (a)Time 3 Material Charges("Wet-Tie") $4,200.00 Water Division E# 16432 Water Job# 4718 (b)Frontage Charge Deferred by Covenant 0 (O=no 1=yes 0.00 LF @ $6.50 /LF $0.00 Total Service Connection Charges Due with Agreement $0.00 (c)Fire Hydrant Charge (Zone District M-1 ) Not Deferrable 0.0 SF @ 1 $0.75 /100 SF $0.00 Total Fire Hydrant Charge Due with Agreement $0.00 (d)Transmission Grid Main Charge Deferred by Covenant 0 (O=no 1=yes F--O.0-000 AC $0.00 /AC $0.00 Less TGM Credits [ $0.00 J Net TGM Charge $0.00 Total TGM Charge Due with Agreement $0.00 (e)Transmission Grid Main Bond Debt Service Charge Deferred by Covenant 1 0 (0=no 1=yes 0.0000 AC @ F-$0.00 /AC $0.00 Less TGM Bond Debt Credits ( $0.00 ] Net TGM Charge $0.00 Total TGM Charge Due with Agreement (n Water Construction Charge (Zone District I R-1 ) Not Deferrable 0.0 Lots @ F—$1.25 /Lot $0.00 Total Fire Hydrant Charge Due with Agreement 0. Total Water Charges(Due With The Agreement) -20000 TOTAL FEES AND CHARGES $4,310.00 EXHIBIT "B" Page 5