HomeMy WebLinkAboutPM 1998-21 - Agreement/Covenant - 8/10/2006 - r
When Recorded Mail To:
CITY OF F7cSI 9
DEVELOWENi OEP PPAENT
26t�C FRtSNO SIREET iZ�01/200e,2e000�46957
FIiE;SN 0 CA 93121-3&04
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department AVP
P.W. File No. 5494-9821 N
PARCEL MAP AGREEMENT No. 98-21 / _
AND
ADDENDUM FOR SANITARY SEWER EASEMENT
THIS AGREEMENT is made this ),Ck day of n/�Xh _ ,2000, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City,"
and, Shaw-Marty Business Park, LLC,a California Limited Liability Company, 340 West
Cromwell Avenue, Suite 101, Fresno, California, 93711,hereinafter referred to as
"Subdivider"without regard for number or Gender.
RECITALS
A. The Subdivider has filed with the City, a Parcel Map which proposes the
subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno,
State of California, dividing the real property more particularly described as follows:
Parcels A through 000, inclusive, of Parcel Map No. 98-21 as recorded in
Book of Parcel Maps at Page(s)
Fresno ounty Records.
Parcel Map Agreement No. 98 - 21
Page 2
B. The City requires, as a condition precedent to the acceptance and approval of
said Parcel Map, the dedication of streets, highways, public places and easements as are
delineated on the Parcel Map, and deems such dedications as necessary for the public
use; and, requires the construction of improvements of the streets delineated on the
Parcel Map.
C. Section 12-1206 of the Fresno Municipal Code requires the Subdivider to either
construct or enter into an Agreement whereby Subdivider agrees to perform and complete
the work and improvements required as Conditions of Approval for Tentative Parcel
Map No. 98 - 21 dated April 2, 1999 issued by the City and any amendments thereto
(hereinafter referred to as Conditions of Approval and incorporated into this agreement by
this reference), in consideration of the approval of the Parcel Map for recording.
AGREEMENT
In consideration of the approval of said Parcel Map for filing and recording as
provided and required by law, it is mutually agreed and understood by and between the
Subdivider and City, and the Subdivider and City do hereby mutually agree as follows:
1. The Subdivider shall perform the work and improvements at the time a permit
or other grant of approval for development of the parcel is issued by the City or before
September 30, 2001, whichever occurs first, unless prior to this date of performance an
extension of time is approved by the Public Works Director.
2. Prior to the commencement of the work, the Subdivider shall submit
engineered construction plans to the City Engineer for review and approval. The cost to
Parcel Map Agreement No. 98 -21
Page 3
prepare and process such plans, and the inspection of such work, shall be the
responsibility of the Subdivider. The work shall be performed and inspected under a
Street Work Permit issued by the Public Works Department pursuant to such approved
construction plans,.
3. All of the work and improvements and materials shall be performed, installed,
and provided in accordance with the City of Fresno Standard Specifications, adopted
September 11, 1984 by Resolution No. 84-361 and any amendments thereto, hereinafter
referred to as the "Standard Specifications," which are 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 situations where there
are no Standard Specifications for an item of work, it is agreed that such work shall be
performed in accordance with the standards and specifications of the State of California,
Department of Transportation as determined by the City Engineer.
4. The work and improvements are stipulated in the Conditions of Approval and
include the following:
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 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.
Parcel Map Agreement No. 98 -21
Page 4
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.
e. The improvements are more particularly itemized in Exhibit A,
attached hereto and made a part of this Agreement.
5. Prior to the approval of the Parcel Map by the City, the Subdivider shall
furnish to the City the following securities in the amounts itemized in said Exhibit A.
Bonds shall be by one or more duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100% of the
Final Cost Estimate to be conditioned upon the faithful performance of this
agreement.
i. 95% of the Final Cost Estimate shall be in the form of a bond
or irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate
of deposit.
b. PAYMENT SECURITY. Total amount to equal 50%of the Final Cost
Estimate 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. Payment Security shall be in the form of a bond or
irrevocable instrument of credit.
6. Prior to the approval of the Parcel Map by the City, the Subdivider shall pay
to the City and/or execute a covenant to defer certain impact fees due which are eligible
to be deferred by relevant FMC provisions, the total fees and charges due as a condition
of Parcel Map approval. The Subdivider shall pay sewer and water connection charges
required to be paid as a condition of approval of the Tentative Parcel Map. Such fees shall
Parcel Map Agreement No. 98 -21
Page 5
be due and payable at the time of development of each parcel, excepting those certain
impact fees due with this agreement. The total fees and charges are more particularly
itemized in Exhibit B, attached hereto and made a part of this Agreement.
7. Upon acceptance of the required work by the City Engineer, a warranty
security shall be furnished to or retained by City in the minimum amount identified in said
Exhibit A, 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.
8. 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.
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
Parcel Map Agreement No. 98 -21
Page 6
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 by this Agreement or the Parcel Map, shall be at
the sole and exclusive risk of the Subdivider at all times prior to the final acceptance of the
work and improvements by the City. -
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 City 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 the
Subdivider or his agent for payment. Compaction test for water facilities installed by City
shall be paid for by City.
Parcel Map Agreement No. 98 -21
Page 7
11. Subdivider shall comply with the provisions of the prevailing Building,
Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City.
12. It shall be the responsibility of the 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 the Subdivider. It shall further be the responsibility of the Subdivider to
give the City 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 the Subdivider to notify
the City Engineer may cause delay for which the Subdivider shall be solely responsible.
13. Whenever the Subdivider varies the period during which work is carried on
each day, he shall give due notice to the City Engineer so that proper inspection may be
provided. Any work done in the absence of the City Engineer will be subject to rejection.
. .,�... The inspection of the work shall not relieve the Subdivider of any ofhis-obligationsto 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 City Engineer 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 City Engineer by the
Subdivider before bonds are released or final acceptance of the work and improvements.
15. Adequate dust control shall be maintained by the Subdivider on all streets
within and without the subdivision on which work is required to be done under this
Parcel Map Agreement No. 98 -21
Page 8
Agreement from the time work is first commenced until the paving of the streets are
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
City Engineer adequate dust control is not being maintained on any street or streets as
required by this paragraph, the City Engineer shall give notice to the Subdivider to comply
with the provisions of this paragraph forthwith. Such notice may be personally served
upon the Subdivider or, if the Subdivider is not an individual, upon any person who has
signed this agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer.
If within 24 hours after such personal service of such notice or within 48 hours after the
mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control,
the City 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 City Engineer shall determine, and
the 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
Parcel Map Agreement No. 98 -21
Page 9
at all times between the commencement and final completion, and adequate dust control
shall be maintained during these operations.
16. The 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 approved 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. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent
of the City.
Parcel Map Agreement No. 98 - 21
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
SHAW-MARTY BUSINESS PARK, LLC
a California Limited Liability Company
By
Mark I. Williamson, P.E., Director
25�_
Public Works Department By:
Rick ake, Manager
APPROVED AS TO FORM:
HILDA CANTO MONTOY By' U
City Attorne Donald V. Pickett, Manager
/ � (Attach Notary Acknowledgments)
By �/
Deputy Subdivider's Mailing Address:
340 West Cromwell, Suite 101
Fresno, California 93711
City of Fresno Mailing Address:
Public Works Director
Public Works Department
2600 Fresno Street.
Fresno, CA 93721-3615
STATE OF CALIFORNIA )
SS.
COUNTY OF Fresno )
On August 29,2000 before me, C.Zuniga
a Notary Public in and for said County and State, personally appeared Rick R. Flake and
Donald V. Pickett
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Is/are subscribed to the within instrument and acknowledged to me that he/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.
C.ZUNIGA
COMM.#1244927 CD
Q a NOTARY PUBLIC-CALIFORNIA CD
CD PRINCIPAL OFFICE IN 33
m FRESNO COUNTY j
ignature o Not My Commission Exp.Dec.6,2003
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/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 of Notary
EXTNOTI --09/25/96bk
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On _ 0 , 2000 before me, ET personally
appeared ersonally
known to me (or provided to me on the basis of satisf ctory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity, and that by
his/her/their signature on the instrument the person, or the entity upon behalf of the CITY
OF FRESNO of which the person acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By P'u A-9-�f-P
D PUTY
FINAL PM 98-21 Agreement v3/3/2000
by md..'st 21 2000
EXHIBIT A Subdivision Agreement for Final Parcel Map No. 98 - 21
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
.................................................................
..................................................................
.................................................................
Water System Construction Cost Estimate
Storm Drain Construction Cost Estimate 15 X70
X
Sewer System Construction Cost Estimate 124 306
. .
Street Construction Cost Estimate
$897 7 994FinaI Cost Estimate (for Inspection Fee purposes)
'1'6T Landmarks, Monuments, Lot 8 Block Comers($50/ea) $8,350
Sub-Total (for bonding purposes) $896,344
Construction Contingency(10%) $89,634
TOTAL COST ESTIMATE*
(for improvement securities purposes) $985,9781 $986,000
`All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $936,700
5%of amount shall be in cash or a Certificate of Deposit $49,300
Payment Security (50%of Total Cost Estimate)
100%of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $493,0001
Faithful Peformance Security to Guarantee Completion of Plans
.................................................................
.................................................................
Street Plans
Utility Plans(Sewer.Water, Storm Water) $t3'
...... .... .............
Street Light Plans S0
Landscaping/Irrigation/Walls $tl
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $2,500
3% of next$50,000 $1,500
1% of next$400,000 $4,000
0.5% of amount over$500,000 $2,400
Minimum amount $10,400
EXHIBIT A AM= Prepared By. Louis Rocha Revised Date:08500000 Print Date:09/01/00 3:22:22 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for Final Parcel Map 98 - 21*
• AMOUNT
EXTENSION NU AMOUNT DUE 009mrED
A. MISCELLANEOUS FEES 3 CHARGES
1. INSPECTION FEE
FkW Cat Eslimata 410K 0
1?%;530011691 U. fee)
FkW Cat EsI' ' >510K 4500K 0
(6700+4%d arnowtt over$1019
Firm Cat Es11mMo ovor$500K
(520.000+2.5%of amount over$50019
Lou Inspection Fees paid wkh Early
S&WWIWMter Construction AW"nwrt 418158.00;
Lou Inspection Fees paid with Early Street
CanstinwUon Agrowrwit 1'1i
kupection Foe $0.001
L MONUMENT CHECK FEE
is€€ ii iii€ 87 Lotti Pal oN and OWcts • per Lot 2 010.00
(&$200)
3.STREET SIGNS
Street Name Sign seta • 173.00 PK sot 1 a3e.00 1 a3e.00
iiiaiiiii€a's€i17 WamltglRegtliatory signs • inoo sign 51 309.001 $1,309.001
4.STREET TREES
Cky kwWW"Non)Street Tress • 102.00 per Tree 0
kapecdon Foe(when planbd by subdivider) Q 28.00 per Tree
t Trees by Coverwrt(Resolution 98-129:2 tress&ct frording 50'streets)
8.SEWER TRENCH WATER COMPACTION CHARGE
iiii 2918 Cubic yards • 121 Per CYi' Oi =(A3.
(M)Charpe paid with Early Contruclion Agreement.
9.WATER CONSTRUCTION CHARGE
Lobearpis 125 per Lot
7.STREET RIGHTS OF WAY ACOLUITIONICONSTRUCTION CHARGE per FMC 11.228(fK8)^
Sum Charge as established by Public Works Director IrrJ
8.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)WA �-N �t
0�( nnkNerwnce cost) t NPsr Lot
�Lots(I cklarlM expenses:legal fees. per Lot
public-I'm .nvsftp ,wVkwwkV, (51 Soo
0 assessment district proceedings min) nes
Sum Landscape area FIM Inspection Fee-Parks 293.00 LS 0
Total 0
EN Is assessment Per Let(information only)
9.I RATION PIPELINE(one-lime matrttenartce fee)
Uncal Feet 55.00 Per IF al
TOTAL MISCELLANEOUS FEES&CHARGES i?! 71 d7? 357 Doi:
E)fH19rr 6 v4Re100 Prepared BY Louis Rocha Revised 0813=000 Printed 09107100 11:38:14 AM Paps 1 of 8
EXHIBIT13 Subdivision Agreement for Final Parcel Map 98 - 21*
AMOUNT
EXTENSION NET AMOUNT DUE DOEPJM
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
Gross Acres
Net Acres
Adjusted Gross Acres(AG Ac): excludes Area of Arterial&Collector Streets
Units(residentiao
..........
'16, LUE(nonresidential)
Zoning
no Input*ugm*if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
r777777777M FMFCD Drainage Area
r7- A.0000.Acres per FMFCD SO per Acre na
FMFCD Drainage Area
0.0000.Acres per FMFCD SO per Acre na
Local Drainage Fee =0.00 (B7)
(BI)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char
Frontage: I.— .
::ISF
Frontage: 0 ISF
Frontage:
0'ISF
Total Square Feet F
SF; sub-total Lateral Sower Charge 0.10 per SF 0.00
Len estimated Lateral Sewer Charge Credits .:$0.00:1
Lateral Sower Charge 1 56-001 1 i0.00 50.00
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
I JUGMReimbursement Area
Frontage: 0 SF
Frontage: 0 SF
Frontage: 0 ISF
Total Square Feet F
SF:sub-total Oversize Sewer Charge per SF 50.00
Len estimated Oversize Credits $0.001
Lou estimated Overdepth Credits $0.00
Oversize Sewer Charge $0.00 50.00
(c Trunk Sewer Charge
Trunk Sewer Service Area
Units @ Oper Unit $0.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently In effect Is$2,119 per Unit(FMC 9-503-b)
EXHIarr B v4/2&00 Prepared BY:Louis Rocha Printed 08/21/00 2:11-.23 PM Page 2 of 6
EXHIBIT B Subdivision Agreement for Final Parcel Map 98 - 21*
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
%Enhancement Charge
Server Ca
Trunk
k Seww Service Area
0 Units 4 369.00 per Unit r-----nal nal
3. WATER CONNECTION CHARGES
(a Time b Material Charges("Wet-Tie")
Estimate Number
Water Job Number
EstimatedDeposit(FMC 14-111-Q $0.0-01(1313)
(BDeposit
p paid with Early Construction Agreement
(bi Service Connection Charges
1'Meters to existing services $320.00 each $0.001 $0.00 1
...........I.......... . . .
1-1/2"Motors to existing services $470. each $0.00 40.00 .00::
2"hAisters;to existing services $620. ach .00 $0.001 4 SO.00
PEN00
11"Services($735)&Meters($195) $930.00F� ch $0.00 40.001
1
1-1/2*Services($880)&Meters($341D) $1,220.00j:: $0.00ch $0.0-0 w
$0.001 :$0�2*Services($1,010)&Meters($411) 1 $1,421.00 each 0= $Ona
(b21 Landscape Service Connection Charges
1 1 -
-0 1"Meters to existing services $320.00 each $0.00 $0-00
::0; 1 $470.00 each $0.00 1 : $0.00
- 11-1/2*110listerstoexisting services
2*Meters to existing services $620.00 each $0.00
:$0.00
1,Services $930.00 each
0 1 $0.001
0 1-12'Services($880)&Meters($343)
$1,220.00 each $0.001 .10.00
In nn
012"Seivic"($1 $1,421.00 each $0.00
.010)&Motors($411) 01
(c)Frontage Char e
Frontag:. L 0 LF
0
Frontage: V: 601-17
Frontage: 0
0 LF
Sub-Toted Lineal Feet(%rate)
LF: sub-total Frontage Charge rate) 53.25 per LF na
Frontage- 0 LF
Frontage. 0 LF
Frontage.
LF
Sub-Total Lineal Feet(full rate) OLF
LF; sub-total Frontage Charge(full rate) 56.50 per LF na
Sub-Total Frontage Charge 50.00
Less estimated Frontage Charge Credits 50.00
Frontage Charge 1 $0.001 1 $0.00150.00
-
(d): Im Hrant Charge -I
.0.1 SF;residential zoning50.75 a
per 100 SF n
SF;non-residential zoning 51.25 per 100 SF naI nal*
na
EXHIBIT 6 v4128J00 Prepared By.Louis Rocha Printed 08121/00 2:11-.23 PM Page 3 of 6
EXHIBIT B Subdivision Agreement for Final Parcel Map 98 - 21*
• AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(eran
Tsmission Grid Main Charge
UGM Reimbursement Area
0.0000 Gross Acres =560.00 per Gr Acre na
0.0000 Net Acres =700.00 per Net Ac 0.00
Less EstlmatedTGM Construction Credits ; : :i..1.7 1.740.00
Transmission Grid Main Charge $0.00150:00: 0.00
( Transmission Grid Main Bond Debt Service Charge
0.0000 Gross Acres ® =243.00 per Gr Acre 0
0.0000 Net Acres ® 5304.00 per Net Ac 50.00
Less EstimatedTGM Bond Debt Service Charge Credits $0.001-
Transmission Grid Main Bond Debt Service Charge $0.501" 50:00'( 50.00'
Subject to vesting tentative map date,tee
may not be applicable until 2-years after date
of Final Map recordation;when applicable,
fee is due at Building Permit for all
un-developed lots at the fee rate then in
Med
( UGM Water Supply Fee
Supply Well Service Area
0 Living Units(residential) ® =0.00 per Unit na
OLiving Unit Equivalents(LUE);non-residential =0.00 per Unit na
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee =0.00
(h Weg Head Treatment Fee
WNI Had Treatrnent Service Area
0 Living Units(residential) 0.00 per Unit 0
OLiving Unit Equivalents(LUE);non-residential® 50.00 per Unit na
Less Estimated Well Head Treatment Fee Construction Credits $0.00
Well Head Treatment Fee $0.00 $0.00
(11 Recharge Fee
0 Recharge Service Area
0 Living Units(residential) @ =0.00 per Unit na
0 Living Unit Equivalents(LUE);non-residential @ =0.00 per Unit na
Less Estimated Recharge Fee Construction Credits $0.00
Recharge Fee $0.001
011994 Bond Debt Service Fee
0 1994 Bond Debt Service Fee Service Area
01 Living Units(residential) =0.00 per Unit na
0 Living Unit Equivalents(LUE);non-residential @ =0.00 per Unit na
Less Estimated 1994 Bond Debt Service Fee Construction Credits 50.00
1994 Bond Debt Service Fee 30.00 $0.0-0-T
EXHIBIT B v4 28100 Prepared By Louis Rocha Printed 06/21/00 2:11:23 PM Page 4 018
EXHIBIT13 Subdivision Agreement for Final Parcel Map 98 - 21*
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
€ Fin Station Service ifsea
0.0000 Gross Acres 50.00 per Gr Acre na F-$0-00-1-
50.00
(bI UGM NEIGHBORHOOD PARK FEE
Neighborhood Park Service Area
0.0000 Gross Acres $0.00 per Gr Acre 0 $0.001.
(c UGR STREET CHARGE
Major Street Zone
0 0000 Adjusted Gross Acres a $0.00 per AG Ac na
Less Estimated Major Street Charge Construction Credits $0.001
Major Street Charge 10M 50.00 50.00
(d UGM STREET BRIDGE CHARGE
0 Major Street Bridge Zone
0.0000 Adjusted Gross Acres a 50.00 per AG Ac na
Less Estimated Major Street Bridge Charge Construction Credits 0.00
Major Street Bridge Charge so-wl 1 0.00 ®0
(e)UGM TRAFFIC SIGNAL CHARGE
0.0000 Adjusted Gross Acres a $860.00 per AG Ac na
Less Estimated Traffic Signal Charge Construction Credits $0.00-
Traffic Signal Charge $0.001 $0.00 50.00
(A UGM GRADE SEPARATION CHARGE
:II Grade Separation Service Area
0.0000 Adjusted Gross Acres 50.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge $ $0.00 50.00
( UGM AT-GRADE RAILROAD CROSSING FEE
At-Grade RRXing Service Area
0.0000 Adjusted Gross Acres 50.00 per AG Ac na
At-Grade RRXing Service Area
0.0000 Adjusted Gross Acres 50.00 per AG Ac na
M.Grade RWOng Service Area
0.0000 lAdjusted Gross Acres 50.00 per AG Ac na
Less Estimated At-Grade RRXing Charge Construction Credits 0.00
At-Grade RRXing Fee $6.601 so.-0-0-1-
(h)
0.00 '(h)UGM TRUNK SEWER FEE
TNMc Sewer$@NICs Area
0.0000 Adjusted Gross Acres (g? $0.00 per AG Ac na
Less Trunk Sewer Fee Credits $0.00
Trunk Sewer Fee $0.00 $0.00 50.00
EXHIBIT 8 v4/28100 Prepared BY Louis Rocha Printed 0827100 2:17:23 PM Page 5 of e
EXHIBIT B Subdivision Agreement for Final Parcel Map 98 - 21*
AMOUNT
EXTENIMON NET AMOUNT DUE oEFeueEo
(iOVERLA
EWER SERVICE AREA
Millbrook S=
Sarvios Arm
0.0000 Adjusbd Gross Aeras ® Sl per AG Ac $0.00 —
Tool kyact Fees b Charges00: .£:.3>3°;
OO:
Nob: EXTENSION tool Indudes not rew Its of construction credit
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES € 3S'7 00
TOTAL(B) IMPACT FEES&CHARGES
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash
D0i1Bfr B v4F28100 Prepared By Louis Rocha Revised 08/3=000 Printed 08/30/00 2:59:40 PM Page a of e
ADDENDUM TO PARCEL MAP AGREEMENT NO. 98-21
This addendum is attached to Parcel Map Agreement No. 98-21 and shall remain in
force and effect until such time as the Public Works Director issues and records with the Fresno
County Recorder, a release of this addendum, which release shall not take place until a
sanitary sewer easement as described herein is recorded and sanitary sewer facilities
completed in accordance with standard specifications.
Whereas, Subdivider is in the process of acquiring a public sanitary sewer easement
outside the limits of the parcel map to enable the completion and maintenance of the
permanent public sanitary sewer facilities required as conditions of approval for Parcel Map
No. 98-21; and
Whereas, Parcels A thru DD inclusive, ZZ, AAA thru 000 inclusive, of Parcel
Map No. 98-21, are reliant on the acquisition of an easement for permanent sanitary sewer
service, for a pipeline to run approximately north-south from the southwest corner of said
Parcel A, beyond the limits of Parcel Map No. 98-21, south to a point on the south line of the
southwest quarter of Section 13, Township 13 South, Range 19 East Mount Diablo Base &
Meridian) and easterly to North Marty Avenue north of West Ashlan Avenue, as the same is
schematically depicted on the attached Exhibit 1 to this Addendum; and
Whereas, Subdivider has constructed or is intending to construct interim sanitary sewer
service for several of the above parcels until the easement is acquired; and
Whereas, the form and terms of the document to establish the easement have been
approved in principle by all affected property owners and the City but will require additional and
uncertain time to finalize, consummate and record; and
Whereas, Subdivider requests the City to approve and file for recordation the map of
Parcel Map No. 98-21 prior to the recordation of said easement document.
Now, therefore, City and Subdivider agree as follows:
1. Subdivider shall diligently pursue and coordinate the finalization, consummation and
recordation of the documents required to make and record the above-referenced
sanitary sewer easement.
2. Subdivider agrees that should the easement not be duly recorded prior to any point in
time prior to the 120-day deadline provided for under Government Code Section
66462.5 for commencement of eminent domain proceedings, City may initiate eminent
domain proceedings to acquire the easement and that all acquisition costs including
related services, proceedings and legal costs, shall be paid for by the Subdivider.
Subdivider agrees to waive any right it may have to enforce against the City, whether
defensively or affirmatively, the 120-day deadline provided for under Government Code
Section 66462.5 for commencement of eminent domain proceedings.
3. Subdivider agrees that any and all securities which have been provided by Subdivider to
guarantee the performance of the required public improvements under Parcel Map
Agreement 98-21 may be subsequently utilized at the sole election of the City to
complete the acquisition of the easement, in addition to any costs otherwise to be borne
Addendum to Parcel Map Agreement No. 98-21
Page 2
from a failure to satisfactorily complete construction of all sanitary sewer facilities
pursuant to standard City specifications and as required and approved by the City. This
paragraph does not limit the City's remedies.
4. Subdivider agrees that City shall withhold the issuance of new building permits for said
Parcels A thru DD inclusive, ZZ, AAA thru 000 inclusive, proposing to connect to the
interim sanitary sewer upon findings by the Public Works Director that the interim
sanitary sewer connection has insufficient capacity to provide service for said parcels.
No building permit shall be finaled for purposes of occupancy for any parcel for which
adequate sanitary sewer, storm drain and other required facilities have not been legally
constructed and accepted. Nothing in this paragraph limits the City's remedies.
5. Subdivider agrees to indemnify, defend and hold harmless the City from all claims or
actions of whatever nature arising from whatever extent from any aspect or phase of the
development of Subdivider's project, including, but not limited to, claims or actions
arising out of development and construction undertaken in connection with satisfaction
of any map condition. Subdivider agrees that the City is a public entity and subject to
limitations in accepting the responsibility or liability of others. Subdivider therefore
understands and agrees to be liable in whole for any damage or loss sustained by any
third party from the development and maintenance of the sanitary sewer line over which
the above-referenced easement will extend.
CITY OF FRESNO SUBDIVIDER
a Municipal Corporation SHAW-MARTY BUSINESS PARK, LLC
A California Limited Liability Company
By: By
Mark 1. Williamson, P.E., Director . Flake, Manager
Public Works Director
By:
Donald V. Oickeft, Manager
APPROVED AS T ORM
Hilda Can - ontoy (Attach Notary Acknowledgements)
City Att ney
By
0 Deputy
EXHIBIT--1
Addendum to Parcel Map Agreement No. 98-,21
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Po. box 1349 `�"�Y L�IA1.1�-1�"CtA
C-700
ACVT E No./61 / CITY OF FRESNO DEPARTMENT OF PUBLIC WORK
REF. k REV. A F oRTio*1 -F ilAr. */EST Ir- of Ti-IE S•E. I,• -fr-T{ APPROVED
CONST. ENC. O GE ENC.
P�•l• 98�Z� S.V/ y4-F SEG 13�13-19, V,/tTg.1 Poe:Tzo,s of CITY DESIGN ENG.
PLOT-1¢�$ T4(t3 y/t.lfEt�Tori IVAC-r, 14 &—V,S PaGrE
ZK-9� Z\ of f�o2D oF• i�J�`CS� F.G.R• -TbpEEpE1� DR. BY:ScTp SHEET NO.
R£So. 8ZZ SQQ -VO -fae. 6A-r-( of �-eaSrlo (row: CH BY: OF I SHEET
is-a- 78o DATE: G/i3�loao r
P-934Z-8Z P�guc ✓� ,r.,4j,4 606r- f PvePoSES SCALE: AS NOTED
STATE OF California )
SS.
COUNTY OF Fresno )
On November 29, 2000 before me, C.Zuniga
a Notary Public In and for said County and State, personally appeared Rick R. Flake and
Donald V. Pickett
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) .
Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capac'ity(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. f A C.C.ZUNIGA
Cr '" NOTARYPUBLIC-CALIFORNIA a)
(p PRINCIPAL OFFICE IN
�p FRESNO COUNTY
My Commission Exp.Dec.6.2003
S' natur of No
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
a Notary Public in and for said County and State,personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/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 of Notary
D(TNOT1 -09/25/96bk
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On , 2000, before me,Jocelyne Gueret, Deputy,personally
appeared Mark I.Willi mson,Director of Public Works, known to me(or proven to me
on the basis of satisfactory evidence) to be the person(s)whose name(s)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 City Seal.
REBECCA E. KLISCH
City Clerk
i
BY: ri, Imp
puty