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Home My WebLink AboutT-3754 - Agreement/Covenant - 7/3/2006 f � , AGREEMENT (For Early Construction of Sewer and Water Improvements) THIS AGREEMENT is made as of this 12- day of , 1986) by and between FRESNO INDUSTRIAL PARK,_ A GENERAL PARTNERSHIP, AND FRESNO SUPREME , INC. , A CALIFORNIA CORPORATION, "Owner") , and the CITY OF FRESNO, a Municipal Corporation ( "City") . RECITALS A. Owner represents and warrants that he owns real property situated in the City of Fresno , County of Fresno , described as follows : Parcel M through S of Parcel Map 81-33 . According to the map thereof recorded in Book 38, Pages 62, 63, and 64 , of Parcel Maps , Fresno County Records. Together with a portion of Parcel X of said Parcel Map No. 81-33. Beginning at the Northwest corner of said Parcel X ; thence North 89056138" East , along the North line of said Parcel X, a distance of 545. 50 feet ; thence South 00° 12 ' 56"East , leaving said North line , a distance of 299. 84 feet ; thence North 89047 ' 04" East , a distance of 64. 40 feet ; thence South 00°12 ' 56 East , a distance of 373 . 00 feet ; thence South 89047 ' 04" West , a distance of 326. 74 feet ; thence South 00018 ' 44" East , parallel with and 32. 00 feet East of the East line of Parcel W of said Parcel Map No. 81-33 , a distance of 201. 02 feet ; thence South 89048157" West , along the Easterly prolongation of the North line of said Parcel W and along the North line of said Parcel W, a distance of 282. 02 feet to the Southwest corner of said Parcel X ; thence North 00018 ' 44" West , along the West line of said Parcel X, a distance of 875. 22 feet to the TRUE POINT OF BEGINNING. 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. 3754. 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 approved by the City. f 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-4918 through 10-C-4922 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 construction 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 City cause such removal or alteration under the provisions of Paragraph 2 above, the undersigned shall indemnify, hold harmless and defend the City , its officers , employees and agents from any claims , lawsuits , costs , liability, damages or expenses , including costs of suit and fees and expenses for legal services , on account of any damages claimed by any person to have occurred by reason of such removal . 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, 967. 16 for the inspection of the installation of improvements described hereinabove shall be paid upon execution of this Agreement. 6. Fees in the amount of $1 , 373. 88 for plan review of the sewer and water plans , charges in the amount of $10, 200. 00 for necessary wet ties and charges in the amount of $82. 50 for sewer -2- • t trench water compaction shall be paid upon the execution of this Agreement. 7. This Agreement shall 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 privately or publicly owned. THE FOREGOING shall burden the property herein described and constitute a covenant running with the land in favor of and for the benefit of the City and its property, shall be enforceable thereby, and shall be binding upon the successors , assigns , transferees and heirs of Owner. IN WITNESS HEREOF , The parties hereto have caused this Agreement to be executed as of the day and year first written above. F7,,�A9 Industrial Park, a partnership .`�0 .BW,B�irgain Homes Inc. , a California Corportation CITY OF FRESNO, V• ]main A Municipal Corporation B y i By ttw7 Victor Roznovs , President I J ES L. MARTIN, Pu lic Works Director BSI: Fresno Supreme Inc. , a California Corporation Partner i APPROVED AS TO FORM : L-aHubert o man, PresicTent JAMES A. McKELVEY t Fresno Supreme Inc. , a California Corporation City Attorney By I!0bert Hoffman, President Assistant ATTEST: � t� JACQUELINE L. RYLE l� City Clerk I• STATE OE` CALTPORNTA'1\\ STATE OF CALIFORNIAF ) COUNTY OF reST10 )ss. Au st 28 ------ ---) On gu1986 ~ - _ -----– before me,the undersigned,a Notary Public in and for said State,personally appeared -_Hubert Hof flan E personally known to me(or proved to me on the a n basis of satisfactory evidence)to be the persons who executed the within instrument as E ° Preside ntJ4XdC r,on behalf of Fresno Supreme U S A the corporation therein named,and acknowledged to me that eee-ewoeeooeee ° w such corporation executed the within instrument pursuant to its a OFF'CAL v c OBER C HOLLFNGSHE by-laws or a resolution of its board of directors, i c NOTARY PUe,IGCALIFOnNIA FRESNO COUNTY Go WITNESS my hand and official seal. MY COMM. EXP. APR. 24,1990 Signatur-111 13-1 -- (This area for official notarial seal) EARLY CONSTRUCTIOV CHARGES TRACT NO . 3754 .as mC—�s�ce c�asose �acrosase 1 . Sewer Construction Engineer ' s Estimate . . . . . . . . . . . . . . . . . . . . . . . $ 63 , 076. 00 Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ - 500. 00 Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . $ 62, 576. 00 2 . Water Construction Engineer ' s Estimate . . . . . . . . . . . . . . . . . . . . . . . $ 70, 200. 00 Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 , 000. 00 Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . $ 72 200. 00 3. Total for Inspection Fee Calculation . . . . . . . . . $134, 776 . 00 6% of First $10, 000. 00 . . . . . . . . . . . . . . . . . . . . $ 600. 00 3-1/2% of next $490, 000. 00 . . . . . . . . . . . . . . . . $ 4 , 367. 16 2% of costs over $500 , 000. 00 . . . . . . . . . . . . . . $ -0- Total Inspection Fees . . . . . . . . . . . . . . . . . . . . . $ 4 , 967. 16 $ 4 , 967. 16 4. Engineering Plan Review Water : Balance Due . . $ 711 . 00 Date 1/31/86 Amt . Pd . $200. 00 CM 75490 Total 911 . 00 5. Engineering Plan Review Fee Sewer : Balance Due $ 662. 88 Date 1/31 /86 Amt . Pd . $200. 00 CM 75490 Total $862. 88 Total Plan Review Fees . . . . . . . . . . . $ 1 , 373. 88 $ 1 , 373. 88 6. Sewer Trench Compaction Charge . . . . . . . . . . . . . . . $ 82 . 50 7. Miscellaneous Water Charges : (Estimated) Water Job No. 3591 E-322 Wet Tie Connection Sheet No. 2 Sta. 9 + 87 Install 12 x 8 tapping tee and 8" gate valve $ 2 , 500. 00 Sheet No. 3 Sta . 9 + 82 Install 12 x 8 Tapping tee and 8" gate valve $ 2 , 500. 00 Sheet No. 4 Sta . 16 + 04. 76 Install 12 x 8 Tapping tee and 8" gate valve $ 2, 500. 00 Sheet No . 4 Sta. 9 + 82 Install 12 x 8 Tapping tee and 8" gate valve $ 2 , 500 . 00 Sheet No. 5 Sta. 15 + 04. 71 Abandon existing 2" water service $ 200 . 00 Total Water Related Charges . . . . . . . . . . . . . . . $10, 200. 00 $ 10, 200. 00 Water Service Charge @ $ /service $ Water Service Charge @ $ /service $ Water Meter Charge @ $ /service $ Water Meter Charge @ $ /service $ Total Water Service & Meter Charges . . $ -0- $ -0- Early Construct-ion Agreement Preparation Fee . . . $ -0- Date 7/23/86 Amt . Pd . $100. 00 CM No. 41468 Total Charges . . . . . . . . . . . . . . . . . . . . . . . . $_16, 623. 54 0703h 8/86 -CASHIER'S MEMO CITY OF FRESNO DEPARTMENT OF FINANCE DATE NAMEKPI�C�1"� ��•/+�� pS1JQ -i+�+�uK-Ifut+ ` ADDRESS 7545 �Q: a- 44� 4AOfE7 �1{ I�� lam- 371 J HAS PAID INTO THEDEPARTMENTOF FINANCE AS FOLLOWS: FUND EPT.IDIV EXP.;REV. G/L AMOUNT (!�30Z i Oil CS2 ;3iZZ , CIL,I '3 6 t-WE21KEy l;o2 n g i nkJ&,!i3M, -27t) 'loo FUND DEPT./DIV. EXP./REV. G/L AMOUNT DIRECT oil GS2 -302i c�177 r _ CHECK FICASH ORDERY " DEPOSIT CHECK NO. DATE BANK NO. AMOUNT 7-1-36 O 0 zr i �i E DEPARTMENT OF FINANCE z• TOTAL :62-31 By--I418 8 0 PLEASE SIGN NAME Pte" J