HomeMy WebLinkAboutPM 1999-16 - Agreement/Covenant - 8/11/2006 � 9
When Recorded Mail To:
City Clerk
City of Fresno 05/31/2001,20010074800
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department
P.W. File No. 5494-99-16
PARCEL MAP AGREEMENT No. 1999-16
THIS AGREEMENT is made this 9"' day of May . 2001, by and between the City of
Fresno, a Municipal Corporation, hereinafter referred to as "City," and, FMY
International, Inc., a California Corporation, Alta Investments, Inc., a California
Corporation, Dean's Valley Enterprises, Inc., a California Corporation, Forever Glory
International, Inc., a California Corporation, Fan Yan, Inc., a California Corporation,
Luture Investment,Inc.,a California Corporation,Stonebull,Inc.a California Corporation,
Western Crown Realty,Inc.,a California Corporation,4974 East Clinton,Fresno, California,
93727, 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 I, inclusive, of Parcel Map No. 99-16 as recorded in
Book of Parcel Maps at Page(s) 6, Fresno County Records.
Parcel Map Agreement No. 1999-16
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. 99-16 dated September 28, 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
October 1, 2001 , whichever occurs first, unless prior to this date of performance an
extension of time is approved by the Public Works Director.
I
Parcel Map Agreement No. 1999-16
Page 3
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
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.
s
Parcel Map Agreement No. 1999-16
Page 4
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.
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
o_r 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
Parcel Map Agreement No. 1999-16
Page 5
to be deferred by relevant FMC provisions, the total fees and charges due as a condition
of Parcel Map approval. 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. 1999-16
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. 1999-16
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 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 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. 1999-16
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. 1999-16
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. 1999-16
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FMY International, Inc.,
A California Corporation
Alta Investments, Inc.,
(!�✓ By —�� A California Corporation
Mark 1. Williamson, Director Dean's Valley Enterprises, Inc.,
Public Works Department A California Corporation
Forever Glory International, Inc.,
A California Corporation
APPROVED AS TO FORM: Fan Yan, Inc.,
HILDA CANTU OY A California Corporation
City Attorne j Luture Investment, Inc.,
A California Corporation
By Stonebull, Inc.,
Deputy A California Corporation
Western Crown Realty, Inc.,
A California Corporation
BY:
City of Fresno Mailing Address: Richard F. Spencer
Public Works Director (Attach Notary Acknowledgements)
Public Works Department
2600 Fresno Street. Land Development Strategies
Fresno, CA 93721-3615 4974 E. Clinton Avenue
Fresno, CA 93727
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 9 , 2001 before me, Eivia Sommerville personally
appeared Mark I. Williamson personally known to me (or provided to me on the
basis of satisfactory 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
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Description of Attached Document
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EXHIBIT A Parcel Map Agreement No. 1999-16
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
[DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION
Sewer Construction 1 each $14,660. L.S. $14,660.00
Water Main Construction 1 each $55,060. L.S: $55,060.
Street Work 1 each $9,810.00 L.S. $9,810.00
SUB-TOTAL79,530.00
10% CONTINGENCY* 8,000.00
FINAL COST ESTIMATE* $88 000.00
*Amounts rounded to nearest $1000
The work and improvements, quantities and costs are estimates. The actual extent of the work and
improvements shall be established by the construction plans approved by the City Engineer.
B. IMPROVEMENT SECURITY REQUIREMENTS (due with parcel map agreement)
**Amounts rounded to nearest $100
Performance Security (100% of Final Cost Estimate)**
95% of amount shall be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $83,6001
5% of amount shall be in cash or a Certificate of Deposit $4,400
Payment Security (50% of Final Cost Estimate)**
100% of amount shall be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $44,000
C. WARRANTY SECURITY(due as condition of acceptance of the work)**
5% of first$50,000 of the Final Cost Estimate $2,500
3% of next $50,000 $1,100
1% of next $400,000 $0
0.5% of amount over$500,000 $0
Minimum Amount $3,600
EXHIBIT B Parcel Map Agreement No. 1999-16
AMOUNT DUE Q
BUILDING
EXTENSION NET AMOUNT DUE PERMITS
A MISCELLANEOUS FEES&CHARGES
1. STREET TREES
Residential(5-gallon)Street Trees $102.00 per Tree na na (A1)
0 Commercial(15-gallon)Street Trees $129.00 per Tree na nal(Al)
(Al) Street Tree fees will be payable at the time of development of each
parcel unless otherwise determined by the Park Division.
2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226((X6)
Lum Sum Charge as established by Public Works Director nal na
3. IRRIGATION PIPELINE(one-time maintenance fee)
DO Lineal Feet $5.00 per LF na nal
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
4.9943 Gross Acres
3.8018 Net Acres
0.0000 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
0 Units(residential)
0 LUE(non-residential)
C-P Zoning
no Input'ugm'if within the Urban Growth Management Area or"no'
1. LOCAL DRAINAGE FEES
JJ' FMFCD Drainage Area
0.0000 Acres per FMFCD $0 per Acre na
FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee $ $0.00 (B1)
(B1)Street Right-of-Way portion of fee obligation previously satisfied.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Ashlan 75 859 SF
Frontage: (LISF
Frontage: 0 SF
Total Square Feet F
75 859 SF; sub-total Lateral Sewer Charge (dl $0.10 per SF $7585.90
Less estimated Lateral Sewer Charge Credits $0.00
Lateral Sewer Charge $7,585.901 N/A $7,585.90
(b)Oversize Sewer Charge
UGM Reimbursement Area
Frontage: Ashlan 75,859 SF
Frontage: 0 SF
Frontage: 0 SF
Total Square Feet 5,859 SF
75 859 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 792.95
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits $0.00
FORM PM Agreement EXHIBIT B v3r3/00 By:Rick Date.01/11/01 9:02:58 AM Page 1 of 4
EXHIBIT B Parcel Map Agreement No. 1999-16
AMOUNT DUE
BUILDING
EXTENSION NET AMOUNT DUE PERMITS
Oversize Sewer Charge $3,792.95 N/A $3,792-
(c)Trunk Sewer Charge
Trunk Sewer Service Area
0 Units per Unit IN/A
(d)Wastewater Facilities Charge
S.T.E.P.
(e) Sewer Capacity Enhancement Charge
na I Trunk Sewer Service Area
0 Units $0.00 per Unit na N/A
3. WATER CONNECTION CHARGES
jal Time&Material Charges("Wet-Tie")
Estimate Number
Water Job Number
Estimated Deposit(FMC 14-111 . N/A
(b1)Service Connection Charges
0 1-Meters to existing services (L $320.00 each $0.00 $0.00 50.00
011-1/2'Meters to existing services (L $470.00 each $0.00 $0.00 $0.00
0 2'Meters to existing services @ $620.00 each $0.00 $0.00 $0.00
0 1'Services($735)8 Meters($195) $930.00 each $0.00 $0.00 $0.00
0 1-1/2'Services($880)8 Meters($340) $1,220.00 each $0.00 $0.00 $0.00
0 2'Services($1.010)&Meters($411) @ $1,42100 each $0.00 1 $0.00 $0.00
(b2)Landsca Service Connection Charges
011"Meters to existing services @ $320.00 each $0.00 $0.00
0 1-1/2'Meters to existing services @ 1 $470.00 leach $0.00 1 $0.00
0 2'Meters to existing services @ $620.00 each $0.00 1 L $0.00
0 1-Services(es($ 8 Meters Meters
($ (L $930.00 each ® $0.00
0 1-112'Services(5880)8 Meters(5340) � $1,220.00 each 50.00 $0.00
012"Services($1,010)8 Meters($411) @ $1.421.00 each $0.00 $0.00
(c)Frontage Charge
Frontage: lAshlan 759 JLF
Frontage: 0 ILF
Frontage: 0 LF
Sub-Total Lineal Feet(full rate) 759 LF
759 LF; sub-total Frontage Charge(full rate) 56.50 per LF S4 930.84
Sub-Total Frontage Charge $4,930.84
Less estimated Frontage Charge Credits $0.00
Frontage Charge 1 $4,930.84 N/A $4,930.84
FORM PM Agreement EXHIBIT B v3Y3100 By:Rick Date:01/11/01 9:02:58 AM Page 2 of 4
� a
EXHIBIT B Parcel Map Agreement No. 1999-16
AMOUNT DUE
BUILDING
EXTENSION NET AMOUNT DUE PERMITS
(d)Fire Hydrant Charge
0 SF;residential zoning per 100 SFna I nal
165 600 SF;non-residential zoning per 100 SF 'a� nal $2,070300-1
(e)Transmission Grid Main Charge
UGM Reimbursement Area
4.9943 Gross Acres @ 5560.00 per Gr Acre na
3.8018 Net Acres per Net Ac S2 661.26
Less EstimatedTGM Construction Credits $0.00
Transmission Grid Main Charge 1 $0.00 52,661.26
( Transmission Grid Main Bond Debt Service Charge
4.9943 Gross Acres 5243.00 per Gr Acre na
3.8018 Net Acres 5304.00 per Net Ac S 1 155.75
Less EstimatedTGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge 0 N/A
$1,155.75
( UGM Water Supply Fee
Supply Well Service Area
0 Living Units(residential) per Unit na
Living Unit Equivalents(LUE);non-residential per Unit na
Less Estimated UGM Water Supply Fee Construction Credits 50.00
UGM Water Supply Fee $0.1501 N/A
(h)Well Head Treatment Fee
Well Head Treatment Service Area
0 Living Units(residential) @ 50.00 per Unit na
Living Unit Equivalents(LUE);non-residential @ =0.00 per Unit na
Less Estimated Well Head Treatment Fee Construction Credits 50.00
Well Head Treatment Fee $0.00 N/A
(i)Recharge Fee
0 Recharge Service Area
0 Living Units(residential) @ 50.00 per Unit na
Living Unit Equivalents(LUE);non-residential @ 50.00 per Unit na
Less Estimated Recharge Fee Construction Credits $0.00
Recharge Fee $ N/A
if 1994 Bond Debt Service Fee
0119 4 Bond Debt Service Fee Service Area
0 Living Units(residential) @ 50.00 per Unit na
0 Living Unit Equivalents(LUE);non-residential @ =0.00 per Unit na
FORM PM Agreement EXHIBIT B v3r3/00 By.Rick Date:01/11/01 9:02:58 AM Page 3 of 4
EXHIBIT B Parcel Map Agreement No. 1999-16
AMOUNT DUE
BUILDING
EXTENSION NET AMOUNT OUE PERMITS
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $0.001 N/A N/A
Total Impact Fees&Char es $22,196.70 $0.00 $22,196.70
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $0.00
TOTAL(B) IMPACT FEES&CHARGES 50.00 522 196.70
TOTAL FEES and CHARGES DUE WITH PARCEL MAP AGREEMENT cash $0.00
FORM PM Agreement EXHIBIT B v3/3/00 By:Rick Date:01/11/01 9:02:58 AM Page 4 of 4