HomeMy WebLinkAboutPM 1999-26 - Agreement/Covenant - 8/11/2006 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street 11/02/2000,20000133039
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department
P.W. File No. 5494-9926
PARCEL MAP AGREEMENT No. 1999-26
THIS AGREEMENT is made this 3//3-i day of (�/c f� `�- ,2000, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as"City,"and,
Pavilion Garden Partnership, A California General Partnership, 2035 West Bullard, 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 I, inclusive, of Parcel Map No.1999-26 as recorded in
Book of Parcel Maps at Page(s) Fresno County
Records.
Parcel Map Agreement No. 1999-26
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. 1999-26 dated August 8, 2000 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, itis 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
August 8, 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
Parcel Map Agreement No. 1999-26
Page 3
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.
b. Water main extensions and services shall be provided in accordance
Parcel Map Agreement No. 1999-26
Page 4
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
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
Parcel Map Agreement No. 1999-26
Page 5
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
this Agreement, or any part thereof. The Subdivider hereby releases and agrees to
Parcel Map Agreement No. 1999-26
Page 6
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.
11. Subdivider shall comply with the provisions of the prevailing Building,
Parcel Map Agreement No. 1999-26
Page 7
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
Agreement from the time work is first commenced until the paving of the streets are
Parcel Map Agreement No. 1999-26
Page 8
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
at all times between the commencement and final completion, and adequate dust control
Parcel Map Agreement No. 1999-26
Page 9
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. 1999-26
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Pavilion Garden Partnership
a California General Partnership
BY /By:,-- Z I rl"I
Mark I. Williamson, Director
Public Works Department
By:
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgments)
City Attorne
By Subdivider's Mailing Address:
Deputy
Pavilion Garden Partnership
2035 W. Bullard
Fresno, California 93711
City of Fresno Mailing Address:
Public Works Director
Public Works Department
2600 Fresno Street.
Fresno, CA 93721-3615
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On Q ��" � 1 , 2000 before me, Ccmc�c y.��-�cc�personally
appeared 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
By
DEPUTY
FORM PM Agreement v3/3/2000
j
by: ......../0.............. .....
ab9/22/00
Parcel Map Agreement No. 1999-26
Page 12
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on January 5, 2000, in the office of the Fresno County Recorder in
Document No. 20000004080, of which the Deed of Trust in and by
Pavilion Garden Partnership, a California General Partnership, as Trustor, and;
Stewart Title of California, Inc., as Trustee, and;
Housing Capital Company, A Minnesota Partnership, as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to
the foregoing Agreement for Final Parcel Map No. 99-26, Phase I of Tentative Parcel
Map No. 99-26.
Dated: Oc-f o be Z 1200 o
BY: 'J� 4 L&
Beneficiary
Way-KED V,cE PKES►>7En�T
(Attach Notary Acknowledgment)
EXHIBIT A Parcel Map Agreement No. 99-26
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION
Street Lights (Type") 4 Each $3,500.00 /Each $14,000.00
Street Lights (Type **) _Oj Each $0.00 /Each $0.00
Sewer Housebranch 07 Each $0.00 /Each $0.00
Sewer Main Extension (*"') 0 Lin Ft $0.00 /Lin Ft $0.00
Water Main Extension (**") 0 Lin Ft $0.00 /Lin Ft $0.00
Concrete Curb& Gutter 0 Lin Ft $0.00 /Lin Ft $0.00
Concrete Sidewalk/Approach 0 Sq Ft $0.00 /Sq Ft $0.00
Permanent Pavement 0 Sq Ft $0.00 /Sq Ft $0.00
SUB-TOTAL14,000.00
Contingencies 0.00
FINAL COST ESTIMATE* $14,000.00
*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 $13,300
5% of amount shall be in cash or a Certificate of Deposit $700
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 $7,000
C. WARRANTY SECURITY(due as condition of acceptance of the work)**
5% of first $50,000 of the Final Cost Estimate $700
3% of next$50,000 $0
1% of next $400,000 $0
0.5% of amount over$500,000 $0
Minimum Amount $700
EXHIBIT B Parcel Map Agreement No. 1999-26
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
Residential(5-gallon)Street Trees $102.00 per tree na na (Al)
0 Commercial(15-gallon)Street Trees $129.00 per Tree na Da(A1)
(A1) 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 ACQUISITIOWCONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director nal na
3. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet ® $5.00 per LF na na
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
1. LOCAL DRAINAGE FEES
FMFCD Drainage Area
0.0000 Acres per FMFCD SO per Acre na
FMFCD Drainage Area
0.0000 Acres per FMFCD $0 per Acre na
Local Drainage Fee $0.00 $0.00 (B1)
(B1)All of fee obligation paid with earlier development
2. SEWER CONNECTION CHARGES
Sewer connection charges paid with earlier development. No connection charges due at this time.
3. WATER CONNECTION CHARGES
Water connection charges paid with earlier development. No connection charges due at this time.
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
UGM fees paid with earlier development. No UGM fees due at this time.
FORM PM Agreement EXHIBfT B v3r3100 By. Rick Date: 09/22/00 Printed 10111/00 11:53:37 AM Page 1 of 1
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF ��v�� }
On ,1 O - 1-2-- Z)0, before me, oZ /C/ Ae!i�&J::�2 ,
personally eared P J,1
personally known tom (or proved to be 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/theirI N.BROWN
signature(s) on the instrument the person(s) or the entity upon behalf of Z . COf"r^ !19x563 Y
z No Pubilc—Ccditnia
which the person(s) acted, executed the Instrument. �r►o county
M Comm.Ex fres Se 23,2Q02
WITNESS my h d official seal.
Signature (This area for official notarial seal)
ATTENTI OTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type
THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document
Signer(s) Other Than Named Above
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALF RNIA }
COUNTY OF }
On— I/42 before me,
personally appeared
personally known to me (or proved to be 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 J.N.BROWN
signature(s) on the instrument the person(s) or the entity upon behalf of Commis >>945d3
�
which the person(s) acted, executed the Instrument. Notary pLk)jj—caitorrao >
Fresno County
M Comm.Exalres S 23.
WITNESS my d d official al.
Signature (This area for official notarial seal)
ATTENTIO NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type
THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document
Signer(s) Other Than Named Above