HomeMy WebLinkAboutT-5956 - Agreement/Covenant - 8/26/2010 When Recorded Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 11486
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5956
Subdivision Agreement
Tract No. 5553
Page 2
THIS AGREEMENT is made this 1 1'Hdayof 406V-'3T- 20 iC , by and
between the City of Fresno,a Municipal Corporation, hereinafter designated and called the"City,"
and, FFDA PROPERTIES, LLC, a California Limited Liability Company, located at 1396 West
Herndon Avenue, Suite 101, Fresno, California, 93711 hereinafter designated and called the
"Subdivider,"without regard for number or gender.
RECITALS
A. The Subdivider has filed with the City, a Final 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:
Lot 1 of Tract No. 5956 according to the map thereof recorded
on AtqySi -24 2010 in Volume_'j�_of Plats at
Pages) 65 t Gs , Fresno County Records.
B. The City requires, as a condition precedent to the acceptance and approval of the Final
Map, the dedication of such streets, highways and public places and easements as are delineated
and shown on the Final Map, and deems the same as necessary for the public use, and also
requires that any and all streets delineated and shown on the Final Map shall be improved by the
construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider to
enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the
work and matters required as Conditions of Approval for Vesting Tentative Map No. 5956 dated
January 20, 2010 and Conditional Use Permit Application No. C-09-125 dated October 28, 2009
issued by the City and any amendments thereto (hereinafter referred to as Conditions of Approval,
hereinafter set forth in detail, within the time hereinafter mentioned, in consideration of the
acceptance of the offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest in
the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
Subdivision Agreement
Tract No. 5956
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public
ways, easements and facilities as shown and delineated on the Final Map, and in consideration of
finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by
and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree
as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Street Trees required for each lot shall be provided and planted by the
Subdivider upon occupancy of each lot. All species of Street Trees to be planted in the
subdivision shall be as approved by the City Engineer. The Subdivider shall notify the Public
Works Department - Construction Management Division of the planting schedules and to
schedule inspections.
C. The Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdivider's
attention is particularly called to Part III,Article 9 of UFC relating to Fire Department access
and water supply. No building permit shall be issued until all Fire Department access and fire
fighting water supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The issuance of any
occupancy permits by the City for dwellings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or all of the
streets and improvements in the subdivision.
d. No certificates of occupancywill be issued nor any human occupancy allowed
for any building on any lot of the subdivision until permanent sanitary sewer and water
service is determined to exist by the Director of Public Utilities Department.
e. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion may be extended for
a period justified by the effect of such delay on the completion of the work. The Subdivider
shall file a written request for a time extension with the Director of Public Works prior to the
Subdivision Agreement
Tract No. 5956
Page 4
above noted date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements (including street trees
planting)may be granted by the Public Works Directorwith an extension fee from the current
Master Fee Schedule based upon the initial estimated total improvement cost. The Director
of Public Works shall give the Subdivider written notice of his determination in writing,which
shall be final and conclusive.
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 2002 Edition of the City of Fresno Standard Specifications and
Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments
thereto, hereinafter referred to as the Public Works Standards, 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, Article 10 of the Fresno Municipal Code. In situations where there are no Public
Works Standards 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. 78-522. The
Subdivider shall construct a complete underground street light system as approved by the
City Engineer prior to final acceptance of the Final 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.
Subdivision Agreement
Tract No. 5956
Page 5
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,AdJcle 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. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
f. The improvements are more particularly itemized in Exhibit "A.2," attached
hereto and made a part of this Agreement.
5. Prior to the approval of the Final Map by the City, the Subdivider shall furnish to the
City the following securities in the amounts itemized in Exhibit"A.1." 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 amountto 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 made payable only to the City of Fresno.
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.
C. Subject to the requirements of Resolution No. 2008-100 adopted by the City
Council on May 6, 2008, the Subdivider may request a one-time partial acceptance, for
maintenance only, of public improvements required by this agreement that the Subdivider
has constructed, to reduce the amount of the Performance Security required by this
Agreement. At the time of the City's partial acceptance, the City and Subdivider shall enter
into an amendment to this Agreement reducing the Performance Security to an amount
consistent with the requirements of Resolution No. 2008-10 required by this Agreement.
The City shall not release any of the original Performance Security or execute the
Subdivision Agreement
Tract No. 5956
Page 6
Amendment to this Agreement until such time as the Subdivider has provided the
Performance Security required by the Amendment.
6. Prior to the approval of the Final 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
pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of Final 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.1," 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. Indemnification. To the furthest extent allowed by law, Covenantor shall indemnify,
hold harmless and defend City and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability,fines, penalties,forfeitures, costs and damages (whether in contract,
Subdivision Agreement
Tract No. 5956
Page 7
tort or strict liability, including but not limited to personal injury, death at any time and property
damage) incurred by City, Covenantor or any other person, and from any and all claims, demands
and actions in law or equity(including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out the construction or installation of any structures or
improvements on the Subject Property, or the maintenance of the Subject Property. Covenantor's
obligations under the preceding sentence shall apply regardless of whether Covenantor or any of its
officers, officials, employees or agents are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or
the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Covenantor should subcontract all or any part of the construction or installation of
structures or improvements on the Subject Property, or the maintenance of the Subject Property,
Covenantor shall require each subcontractor to indemnify, hold harmless and defend City and each
of its officers, officials, employees, agents and volunteers in accordance with the terms of the
preceding paragraph in this Section 9. Notwithstanding the preceding sentence,any subcontractor
who is a"design professional"as defined in Section 2782.8 of the California Civil Code shall, in lieu
of indemnity requirements set forth in the preceding paragraph of this Section 9, be required to
indemnify, hold harmless and defend City and each of its officers,officials,employees, agency and
volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury,death at any time and property damage), and from any and all claims,demands and
actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out
of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design
professional, its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
10. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and
Subdivision Agreement
Tract No. 5956
Page 8
maintain in full force and effect all policies of insurance described in this section with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do business in the
State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii)
authorized by CITY'S Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property
damage and personal and advertising injury with coverage for premises and operations
(including the use of owned and non-owned equipment), products and completed
operations, contractual liability(including indemnity obligations under this Agreement),with
limits of liability of,not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000
aggregate for products and completed operations.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Business Auto
Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1 Any Auto), with combined single limits of
liability of not less than $1,000,000 per accident for bodily injury and property damage.
C. WORKERS' COMPENSATION insurance as required under the California
Labor Code. Subdivider shall file with the City pursuant to Section 3800 of the Labor Code,
a Certificate of Workers' Compensation.
d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
Subdivider shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Subdivider shall also be responsible for payment of anyself-insured
retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted 30
calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers'
Compensation policy which shall provide a 10 calendar day written notice of such cancellation of
coverage. In the event any policies are due to expire during the term of this Agreement,
Subdivider shall provide a new certificate evidencing renewal of such policy not less than 15
Subdivision Agreement
Tract No. 5956
Page 9
calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the
insurer, broker, or agent of a notice of cancellation in coverage, Sudivider shall file with City a new
certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name City, its officers, officials,agents, employees and volunteers as an
additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall
be primary and no contribution shall be required of City. Any Workers' Compensation insurance
policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and
volunteers. Subdivider shall have furnished City with the certificate(s) and applicable
endorsements for ALL required insurance prior to City's execution of the Agreement.
Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk
Manager at any time during the life of the Agreement or any extension, and this requirement shall
survive termination or expiration of this Agreement.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain
the required insurance in full force and effect, the Director of Public Works,or his/her designee, may
order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further
work under this Agreement and take all necessary actions to secure the work site to insure that
public health and safety is protected. All payments due or that become due to Subdivider shall be
withheld until notice is received by City that the required insurance has been restored to full force
and effect and that the premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this
Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of
Subdivision Agreement
Tract No. 5956
Page 10
City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of
the preceding paragraphs, except that the subcontractors'certificates and endorsements shall be on
file with Subdivider and City prior to the commencement of any work by the subcontractor.
11. Compaction and other materials testing performed for the determination of
compliance with Public Works Standards shall conform to Section 2-11 of the City Standard
Specifications, entitled "Materials Acceptance Testing." Materials testing shall at all times remain
under the review of the City Engineer who may determine additional test procedures,and additional
locations to be tested. All materials testing for improvement work within the public easements and
rights-of-way shall be ordered and paid for by the Subdivider.
12. Subdivider shall comply with the provisions of the prevailing Building, Plumbing,
Mechanical, Electrical and Zoning Codes and any other Codes of the City.
13. 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.
14. 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
Subdivision Agreement
Tract No. 5956
Page 11
fact that such defective work and unsuitable materials have been previously overlooked by the City
Engineer and accepted.
15. 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.
16. 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 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 therefore, 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
Subdivision Agreement
Tract No. 5956
Page 12
final completion, and adequate dust control shall be maintained during these operations,
17. The Subdivider shall install all street improvements in accordance with Section
12-1206 of the Municipal Code of the City of Fresno,the Public Works Standards, and the approved
construction plans.
18. 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.
19. 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.
20. 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.
21. In performing its obligations setforth in this Agreement,Subdividershall complywith
all applicable laws, regulations,and rules of the governmental agencies having jurisdiction including,
without limitation, applicable federal and state labor standards and environmental laws and
regulations, Subdivider, not the City, is responsible for determining applicability of and compliance
with all local, state, and federal laws including,without limitation, the California Labor Code, Public
Contract Code, Public Resources Code, Health&Safety Code, Government Code,the Fresno City
Charter,and Fresno Municipal Code. The city makes no representations regarding the applicability
of any such laws to this Agreement, the project, or the parties' respective rights or obligations
hereunder including, without limitation, payment of prevailing wages, competitive bidding,
subcontractor listing,or other matters. City shall not be liable or responsible, in law or equity, to any
person for Subdivider's failure to comply with any such laws,whether the City knew or should have
known of the need for the Subdivider to comply, or whether the City failed to notify Subdivider of the
Subdivision Agreement
Tract No. 5956
Page 13
need to comply. The Subdivider is referred to the City's Department of Public Works, Construction
Management Division to obtain the current prevailing wage rates, to the extent said rates are
applicable to the construction of any of the Improvements.
22. If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this Agreement,the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses.
23. The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. No provisions of this Agreement may be waived unless in
writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
24. This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California, excluding, however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
25. Each party acknowledges that they have read and fully understand the contents of
this Agreement. This Agreement represents the entire and integrated agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified only by
written instrument duly authorized and executed by both City and Subdivider.
Subdivision Agreement
Tract No. 5956
Page 14
The parties have executed this Agreement on the day and year first written above.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
FFDA PROPERTIES, LLC, a California
Public Works Department Limited Liability Company
Patrick Wiemiller, Director
By: 4c By:
see# MBF-08F, P.6, Aasmoiaiqt BlreetaF Darius Ass-e--m-- Vice President
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Shan no Ch in,
Deputy QIty Attorney
Date: ell��1110
(Attach Notary Acknowledgments
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of T�cb-UY,r)
On 5-i-HO before me, RA-LIUC,
Date Here Insert Name and Title of the Officer
personally appeared f)a r i IAS .S sc VK I
Name(s)of Signer(s)
who 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.
LaAMBER MARTINEZ
Commission 1833812 = I certify under PENALTY OF PERJURY under the laws
Notary Public-California z
Fresno County of the State of California that the foregoing paragraph is
M Comm.E fres Feb 12,2013+ true and correct.
WITNESS my hand and official seal.
Signature—
PLQJA�A
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here p Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
CITY'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On 20, 2C/O before me, Con 4�& / --
Deputy City Clerk personally appeared, 5&ciL _� __•v�itv c.�� GtIQt•�4
proved to me on the basis of satisfactory evidence to be the persons(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(s) the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK, City of Fresno
DEPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on ave ' l 1 , 20 N 0 , in the office of the Fresno County Recorder, as Document
No.QO l D 00 Li 1'1Cjj of which the Deed of Trust in, by and between
as Trustor,
cQ,Ci CO. 1 , as Trustee
and k0 pm e,ryi- Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement the Final Map of Tract No. 5956
DATED:
BENEFICIARY
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By:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
r
County of a
On 5_1 +J before me, Et(
Date ere insert Name and Title of the Officer
personally appeared hn �-LCAJ2 . n [Aapbg
who 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
AMBER MARTINEZ which the person(s) acted, executed the instrument.
Commission#1833812
Z Notary Public-California
Fresno County Y
I certify under PENALTY OF PERJURY under the laws
M Comm.WINS Fab 12,2013+ of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact •125.1 L C11 I I ml ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotaryorg Item 115907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT A.1
Tract No. 5956
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED FTSTIMATED
DESCRIPTION QUANTITY JUNIT UNIT COST JUNIT EXTENSION
Street Lights(Type OjEach $0.00 /Each $0.00
Street Lights(Type*') 0 Each $0.00 /Each $0.00
Sewer HousebranchEach $0.00 /Each $0.00
Sewer Main Extension C-1) 0 Lin Ft $0.00 /1-in Ft $0.00
Water Main Extension("") Lin Ft $0.00 /Lin Ft
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
See Exhibit A.2 SUB-TOTAL $22,688.00
10%CONTINGENCY* $2,000.00
FINAL COST ESTIMATE' $25,000.00
*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 subdivision 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 $24,000.00
sureties or irrevocable Letter of Credit
5%of amount shall be in Cash or a Certificate of Deposit $1,000.00
Payment Security (50%of Final Cost Estimate)'
100%of amount shall be in the form of a Bond by duly authorized corporate $12,500.00
sureties or irrevocable Letter of Credit
C. WARRANTY SECURITY(due as condition of acceptance of the work)**
5%of first$50,000 of the Final Cost Estimate $1,000.00
3%of next$50,000 $0.00
1%of next$400,000 $0.00
0.5%of amount over$500,000 $0.00
Minimum Amount $1,000.00
EXHIBIT A. 2
GARY G. GIANNETTA
CONSULe'` W- CIVIL ENGINEER
1119 "S" STREET
FRESNO, CA 93721
(559) 264-3590
FAX (559.) 264-0696
COST ESTIMATE
TRACT 5956
FULTON VILLAGE
April 2, 2010
ITEM DESCRIPTION QUANTITY $ UNIT COST $ EXTENSION
STREET CONSTRUCTION
1 . Street Lights (Relocation) 6 Ea $ 500 . 00 $ 3, 000 . 00
2 . Wheel Chair Ramps 5 Ea 200 . 00 1, 000.00
3. D-ri-v-ewa-y Approach 2 Ea 7-00 .-00 1, 400 . 00
4 . Sidewalk 5, 460 SF 2 . 80 151288 . 00
5 . Street Trees 10 Ea 200 . 00 2, 000 . 00
TOTAL STREET CONSTRUCTION $ 22, 688.00
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