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HomeMy WebLinkAboutT-3274 - Agreement/Covenant - 6/30/2006 (3) AGREEMENT (For Early Construction of Sewer and Water Improvements) THIS AGREEMENT is made as of this 20 lt4 day of 41 , 1987, by and between Cedar View Estates II , a California Limited Partnership ( "Owner" ) , and the CITY OF FRESNO, a Municipal Corporation ( "City" ) . RECITALS ". A Owner represents p esents and warrants that hE owns real.. pr,Qperty situated in the City of Fresno, County of Fres oildescribed as follows: FOR FILE See attached Exhibit "A" � B. Owner will construct homes on said property and have a legal interest in said property. C . Owner has applied for approval of a subdivision map pertaining to said property designated as Tract No. 3274 . D. Owner wishes to commence construction of water and sewer improvements within the tract being developed prior to approval of the final subdivision map appertaining thereto. E. The City is unwilling to permit such construction or inspect same without assurance that no vested rights or entitlements will be conferred by the issuance of this early construction permit or by the acceptance of such construction upon inspection. F. Owner acknowledges that such improvements will be accepted by the City only if they comply with all applicable City Standards, Codes, and Ordinances and are located within public rights of way as fixed and dedicated upon such subdivision map as may be finally apprdved by the City. G. Owner understands and acknowledges that the improvements described herein shall be subject to acceptance or rejection by the City, upon inspection thereof . NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and the agreement by the City -to permit and inspect the early construction of water and sewer improvements as shown on the approved City Drawing Nos. 10-C-5068 through 10-C-5073 in and upon such property, Owner agrees: 1. Should the final map for said proposed subdivision for any reasons not be approved by the City within six months of the execution of this Agreement , Owner will remove from said property any improvements or constructiion placed or constructed thereon pursuant to this Agreement or, at the election of and in the manner designated by the City Director of Public Works, cap or otherwise alter such improvements to prevent same from becoming a nuisance or hazard; and, in either event , 'shall restore said property as nearly as practicable to its prior condition. 2. Should the undersigned fail to comply with the provisions of Paragraph 1 above, the City or any of its duly authorized officers, employees] or agents, is unconditionally permitted to enter upon said property and accomplish such removal or alteration. 3. Should the Cityl,cause such removal or alteration under the provisions of Paragraph 2 above, the undersigned shall indemnify, hold harmless and efend the City, its officers, employees and agents from any 'Iclaims, lawsuits, costs, liability , damages or expenses, including costs of suit and fees and expenses for legal services, on accoun of any damages claimed by any person to have occurred by reason of ',such removal or alteration. 4. Any costs and expenses of removal shall be a lien on said property and appurtenances running in favor of the City. 5. Fees in the amount of $ 4, 832.48 for the inspection of the installation of improvements described hereinabove shall be paid upon execution of this A:reement. 6. Fees in the amount of $ 1,354.64 for ,plan review of the sewer and water plans, charges in the amount of $ 5,000.00 for necessary wet ties and charge$ in the amount of $ 8,660.00 for water services and meters, and char es in the amount of $ 100. 00 for sewer trench water compactionishall be paid upon the execution of this Agreement . 7. This Agreement hall in no way whatsoever be construed as the granting by the City of any rights to the Owner to trespass upon land rightfully in the possession of , or owned by, another, whether such land be privatel or publicly owned. -2- 8. Owner agrees to indemnify, defend , and hold the City , its officers , employees, and gents from any claims , damages , or costs arising out of the perf rmance of this agreement . THE FOREGOING shall urden the property herein described and constitute a covenant run ing with the land in favor of and for the benefit of the City and i s property, shall be enforceable thereby, and shall be binding upon the successors , assigns, transferees and heirs of Owne . IN WITNESS HEREOF, T e parties hereto have caused this Agreement to be executed as o the day and year first written above. CEDAR VIEW ESTATES II, A CALIFORNIA LIMITED PARTNERSHI , CITY OF FRESNO, BY REGENCY SERVICE CORPORATION, A Municipal Corporation GENERAL PARTNER: B • � _ :4%WUO'� S11—w"A v1 c..r �lRcrSe d I— OF ES L . MARTIN, OF REGENCY SERVICE CORPO TION K Pu is Works Director APPROVED AS TO FORM : By: C. WILLIAM BREWER SECRETARY, REGENCY SERVIC Acting City Attorney CORPORATION By: B y : �C u� JACQUELINE L . RYLE City Clerk Q- roBy: epu y .: NRL/3168h 4/87 I, -3- EARLY CONSTRUCTION C ARGES TRACT NO. 3274 1. Sewer Construction Engineer' s Estimate . . . . . . . . . . . . . . . . . . . . . . $ 67, 820. 00 Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ -0- Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . $ 2. Water Construction Engineer' s Estimate . . . . . . . . . . . . . . . . . . . . . . $ 641936.00 Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11828.00 Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . $ 631108. 00 - ------- _ 3. Total for Inspection Fee Calc lation , . . . . . . . . . . : $103 928.00 6% of First $10, 000.00 . . . . . . . . . . . . . . . . . . . $ 600.00 3-1/2% of next $490, 000. 0 . . . . . . . . . . . . . 0 . . $ 41232.48 2% of costs over $500, 00 .00 . . . . . . . . . . . . . . $ Total Inspection Fees . . . . . . . . . . . . . . . . . . . $ 41832.48 $ 4 , 832.48 4. Engineering Plan Review Water Balance Due . . . . $ 665.54 Date 2/19/87 Amt . Pd. $200 M 83351 Total 865.54 5. Engineering Plan Review Fee S wer: Balance Due $ 689. 10 Date 2/19/87 Amt . Pd. $200 M 83351 Total 889. 10 Total Plan Review F es . . . . . . . . . . . . . . . $ 19354 .64 $ 19354. 64 6. Sewer Trench Compaction Charg . . . . . . . . . . . . . . . . . $ 100.00 ` 7. Miscellaneous Water Charges: (Estimated) Water Job No. 3645 E-463 Wet Tie Connection No. Cedar Ave. & E. Richmond ve. : Install 14 x 8 tapping tee valve $ 21500.00 No. Archie Ave. & E. Omaha Av . : Install 8 x 8 tapping tee & valve $ 21500.00 L Total Water Related Charges . . . . . . . . . . $ 5, 000.00 $ 52000.00 Water Service Charge 12-1" @ $ 660.00/service $ 71920.00 Water Service Charge @ $ /service $ Water Meter Charge —2--Tr- @ $ -0/service $ Water Meter Charge @ $ /service $ 4 Total Water Service & Meter Charges . . $ 8, 660.00 $ 8 , 660.00 Early Construction Agreementreparation Fee . . . $ -0- Date 4/7/87 Amt. Pd. $100. 0 CM No. 44255 Total Charges . . . . . . . . . . . . . . . . . . . . . . . . $19, 947.12 3168h 4/87 2 -- -�1 +L- ; i✓ " S n-2 VT Central 'title com pany A-MJ 4545 N. WEST AVE.. SUITE 106 1 FRESNO. CA 937051 (209)225-6216 5191 N. SIXTH ST.,SUITE 116 1 FRESNO. A 93710 I(209)226.8861 II{� 4747 N. FIRST ST., SUITE 116 I FRESNO, C A 93726 1(209)224.5940 f NF 96 SHAW AVENUE,SUITE 212 1 CLOVIS, CA 93612 1(209)2995706 c PRELIrAINARY REPORT To: :� Your No.: 32 71/ Our No. 7D O162-DS ,r r" Effective DatJAP�UARY 12, 1987 at 7:30 A.M. FOR FILE UPDATED AMENDED In response to the application for a policy of title insurance referenced herein, Central Title Company hereby reports that it is prepared to cause to be issued. as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit B attached. Copies of the Policy forms should be read. They are available from the office that issued this report. This report (and any supplements or amendment hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy of title insurance contemplatec by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE P LICY - 1973 SCHEDULE B AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEV ENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM C RAGE - OTHER � UNKNOWN TITLE OFFICER DWANE STRICKLAND, SUBDIVISION MANAGER The estate or interest in the land hereinafter desc ibed or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: CEDAR VIEW ESTATES II . , A CALIFORNIA LIMITED PARTNERSHIP The land referred to in this Report is situated int the State of California, County of Fresno, and is described as follows: SEE EXHIBIT A ATTACHED HERETO r*.aa Page 1 of 1� r iu CENTRAL TITLE COMPANY Order 00162-DS EXHIBIT "A" LOTS 21 AND 22 OF PERRIN COLON NO . 2, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE AMENDED MAP THEREOF RECORDED IN VOLUME 4 OF PLATS AT PAGE 68, FRESNO COUNTY RECORDS: EXCEPTING THEREFROM THE NORTH 582 . 00 FEET OF SAID LOT 21 FOR THE PURPOSE OF THIS DESCRIFITION THE NORTH LINE OF SAID LOT 21 IS TAKEN TO BE PARALLEL WITH AND 30 , 00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER F SECTION 26, TOWNSHIP 12 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN , Page of CT-848 f TO : Development Services Division Public Counter FROM: Development- Services Land Division n SUBJECT : TRACT MAP N0. A . P . N . The above captioned tentative tract map has been reviewed by staff and the _tentative map fee may now be paid . The amount / due is $ /�/! The above captioned final tract map has been reviewed by staff al the final map fee may now be paid . The amouyt due is $_ GG2 G' * -lan Check fee deposit for—/L, l sewer, /V' Water and A0070 streets due are . $_ Fees for other associated applications may also be payable at this time . Please enter in the space below the applicable information and return to Carl Kassabian . DATE ITEM PAID C .M. NO. 2 / 1 y / _ 1 eZ 00 S35-5 / - -2 55 /7 / 0 / yl Se"'t, 6A., C�!?�� F-Cf Zoo 10 11 Z / I 1 /el Wc,-e„ 11L , t''G, Lit �Z eo GO /1 2 / 19 / P S�-eef CAe,�k. �.e{ 4G6 °o I/ /'A 2 4G2.Qa Recd by : Checked by : _ *Sewer Plan Check Account No . 614-061-3121 $200 . 00` *Water Plan Check Account No . 581-250-3120 $200. 00 *Street Plan Check Account No . 011-051-3119 $400 . 00 34879/102 r�� CITY OF FRESNO DEPARTMENT OF FINANCE /, DATE r/I! 1 ` ,f 7 / X90 -7 $ . UU NAME Ge dor Vier z56-rq,]W -277 ADDRESS C=Je� U rY` CEJ'-f(� r� ��PSrU �f 1 ✓��/ 1 — HAS PALO!NTO THE DEPARTMEN FINANCE AS.Fmows: _ FUND TJDIV £XPJREV. G!L 'AMOUNT r r� 279- L,r� (.� ► :/ I FUND DEPT. DIV. EXP./REV. GA AMOUNTMONEY DIRECT c-)// 0� �!� ;�O CHECK CASH � ORDER DEPOSIT CHECK NO DATE BANK NO AMOUNT 11-3 y , I I DEPARTMENT Of FINANCE 1 TOTAL 1 1 «� BY44255 PLEASE SIGN NAM.` C' r s • y CITY OF FRESNO /� � DEPARTMENT OF FINANCE DATE JOC"tel._. /21 /98-7 s I9) 447.(P- NAME 7NAME CEa�W VleW 11 ADDRESS �Q W S•��11 � 1�n C'.4 �'3 HAS PAID INTO THE DEPARTMENT OF FINANCE AS FOLLOWS: FUNDDEPT./DIV,EXP./REV. GIL AMOUNT a 3[22 46 64 tom IN �. 2 3313 ZC� O 37G�.00 .. 3 l 7c►,as FUND DEPT./DIV. EXP./REV. G/L AMOUNT ntl C SZ 31'L ®,CHECK CASH MONEORDER DEPO'. CHECK NO. DATE BANK NO. AMOUNT 3i 20 its 4� t9 . 7 5240 0033 Ob !_ aq 1 21,50 3313 zo ab ' DEPARTMENT OF FINANCE TOTAL ic)0 -7 t2 BY���"1�� 4428 PLEASE SIGN NAME C