HomeMy WebLinkAboutT-2420 - Agreement/Covenant - 7/20/2006 r
SUBDIVISION AGREEr4EN
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TIiIS AGREEMENT is made this _,�7day o'f' , 19
by and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City" , and ,
HEADLIi.'E DE EELOKIIEdT CW1PA,%1Y, a California Corporation ,
:zereinafter designated and called the "Subdivider" .
RECITALS
1. The Subdivider has presented to the City a certain final map of a
pro-nosed subdivision of land located within the corporate limits of the City,
and known and described as HEADLINIER HOIAES W. 26, TRACT NO. 2420
a copy of which map is attached to and made a part of this agreement, and
said Subdivider has requested the City to accept the dedications delineated
and shoom on said man for the use and purposes specified thereon , and to
otherwise approve said map in order that the same may be recorded, as re-
quired by law.
2. The City acquires , as a condition precedent to the acceptance and
approval of said map, the dedication of such streets , highways and public
places and easeme:=.c as are delineated and shown on said map, and deems the
sa:ae as necessary for the public use, and also requires that any and all
streets delineated and shown on said map shall be improved by the
construction and tLe installation of the improvements hereinafter specified.
3. Section 12-1012 of the Municipal Code of the City of Fresno requires
ho Subdivider to c;r�'--cr into this agreement with the City whereby Subdivider
agrees to Uo, p r=Or.a and comolet-z the work and matters hereinaftcr in the
agreement mentioned G;:d set forth in detail , within the time hereinafter
mentioned, in consideration of the acceptance of the offers of dedication
by the City of Fresno.
zGREEZ LENT
In consideration of the acceptance of the offers of dedication of the
streets , highways, public ways , easements and facilities as shown and
delineated on said map, and -the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and ttic City, and the Subdivider
and the City do herebv mutually agree as follows :
4 . The Subdivider shall nerform•*--he work and improvements hereinafter
specified on or before SE°T11BZR 30 , 19 74 , to the satisfaction of
the Director of Public Works of the City.
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5. The work and improvements , more specifically shown on the
attached plans and made a part hereof, shall be done in accordance
with the construction standards contained in the City of Fresno
Standard Specifications adopted March 5 , 1970 by Resolution No. 70-36
and as amended and Resolution No. 68-187 and Ordinance 71-73 , at the
sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing as specified in Item 12 .
6 . The work and improvements are as follows :
a. Construct all lar,d,a, a, monuments, and lot corners required
to iocaZe iGnd divisions shown on the final map.
b. Fli u'_ii �-ies includinq complete street lighting conduit
shall be installed underground. sleight, type, spacing,
enc, of stanGards and luminaries shall be as approved by
the 0,ty ra'Hic engineer.
c. Lot drainaqa sha; 1 be in accordance with Sectio? 13-]20.2901 . ]
of t;e Fresno iiun i c i pa I Code.
d. The s:.i d i v i der has deposited with the City the sum of $50,OL',7.51
for the of lowing:
Local Drainage t=ees, 19.5418 acres P $440.00 $8,593.00
Inspection Fees 4,889.46
Bridge Fecs, ii,.542 acres P $220.01 4,299.00
Interse,:tion Signing, 7 P $30.00 each 210.00
Strcet trees, 102 (D $8.00 each 816.00
Island Landscaping, 520 1/1' C@ $2,80 1 ,456.00
Sanitary !-,,Ls:
Ove;s i za ages (�) $155.00 3,028-7D
P4 a;o;' Fac.i 1 i t i c Chzc rge, 55 units Cd) $120.00 113,400.00
Trench Compaction hater Charge
3,327 cu. yds. P $.02 76.54
4:ater Char�7es, Jo ; 11�1o. 2332:
Frontage Charge, 6,0]3.69 1/f C@ $1.50 9,020.54
Fire Hydrant Charge, 612,3LL0 s/f C@ $0.003 1,837.02
Tap Charge, 1 inch, 92 (@ $45.00 each 4, 140.00
Tap Charge, 2 inch, 1 P $160.00 each 160.00
Water Construction Charge, 93 C@ $1 .25 116.25
e. Perform and construct all work shown on the attached plans, unless
specifically omitted herein. "
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7. Subdivider has paid to the City of Fresno, in accordance with
Article 13 , Chapter 13 of the Fresno Municipal Code , the sum of EIGHT THOUSAND '
FIVE HUNDRED NINETY EIGHT Dollars and NO/100 cents
($ '8,598.00 ) to defray the costs of constructing planned local
drainage facilities for the removal of surface and storm waters from the
subdivision. Said sum is computed as follows :
PROPOSED USE NO. ACRES ACRE RATE EXTENSION
R- 1 19.5418 $440.00 $8,598.00
8. It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be clone, performed and installed
in strict accordance with the approved construction plans for said work
on file in the Office of the City Engineer of the City and the Standard
Specifications of the City, which said plans and specif .cations and
standards are hereby referred to and adopted and made a part of this
agreement. In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be clone and
performed in accordance with the standards and specificakions of the
State of California, Division of Highways . All of said work and
improvements and materials shall be done, performed and installed under
the supervision of and to the satisfaction of the City Engineer of the
City.
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9. Prior to the approval by the Council of the City of said
final map the Subdivider shall
(a) furnish to City a bond in the sum of ONE HUNDRED FORTY ONE
THOUSAND Dollars ($ ,,-141 ,000.00) (which sum is equal to 100 percent
of the total estimated cost of the work and improvement plus the amount
of any payment for drainage facilities required by Paragraph 7 hereof) ,
conditioned upon the faithful performance of this agreement, and a
bond in the sum of SEVENTY THOUSAND, FIVE HUNDRED
Dollars ( ,,,70,500.00) , which sum is equal to 50 percent
of said total estimated cost, to secure payment to all contractors and
subcontractors performing work on said improvement and all persons
renting equipment or furnishing labor or materials to them for said
improvement. Said bonds shall be by a corporate surety or sureties
authorized to do business in the State of California and acceptable
to the City, and shall be on forms furnished by the City.
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10. 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 indemnify and save the
the City harmless from and against any and all injuries to and deaths of
persons, 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 to be done in and upon the street rights
of way in said subdivision and upon the premises adjacent thereto pursuant
to this agreement, and also from all injuries to and deaths of persons ,
and all claims , demands, costs , loss , damage and liability, howsoever
same may be caused, either directly or indirectly made or suffered by
the Subdivider, the Subdivider's agents , employees and subconstructors ,
while engaged in the performance of said work.
The Subdivider agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to fir_al acceptance by the City of the completed street and oti:er
improvements thereon and therein.
No occupancy permit shall be issued until an approved "all weather"
street frontage and access is constructed. 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 said sul)division.
11. The Subdivider and his subcontractors s'_lall pa-,/ for any
materials, provisions and other supplies 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, as required by Section 4200 of the Government Code .
12 . Initial compaction and soil tests for street, sewer, and other
work within tiie public right of �-,iay shall be ordered by and paid for by
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the City of Fresno. Sewer and utility trench tests shall be taken in
varying locations and depths as required by the Engineer. Compaction tests
failing to meet the City' s requirements , shall be reordered by the City
of Fresno 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 the City of Fresno shall
be paid for by the City of Fresno.
13. The Subdivider shall comply with Street, Plumbing, Building,
Electrical, Zoning Codes and any other Codes of the City.
14 . 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
of Fresno be placed in the position of making decisions that are the
responsibillty of the Subdivider. It shah furl-her be ':.').0 responsibility
of the Subdivider to give the 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 Engineer
may cause delay for which the Subdivider shall be solely responsible .
15. whenever the Subdivider varies the period during which work
is carried on each day, he shall give due notice to the Engineer so that
proper inspection may be provided. Any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall
not relieve the Subdivider of any of - his obligations to -_F l{ill the
agreement as prescribed. Defective work shall be made cool, and unsuit-
able materials may be rejected, notwithstanding the fact: that such
defective work and unsuitable materials have been previously overlooked
by the Engineer or Inspector and accepted.
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 release of bone?, or final acceptance
of completed work.
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
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commenced in the subdivision until the paving of the streets is 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, on to , 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 Sub-
divider, 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 wiChin 43 hours after the
mailing thereof as herein provided, the Subdivider shall no;: 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 the 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
the 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 shall be
maintained during these operations .
17 . The Subdivider shall install all street improvements in
accordance with Section 12-1012 of the Municipal Code of the City of
Fresno and the 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 .
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19 . Time is of the essence of this agreement, and the same shall bind
and inure to the benefit of the parties hereto, their successors and
assigns .
The parties have executed this agreement on the day and year first
above written.
CITY OF FRESNO, a Municipal Corporation
ATTEST: By
Dir6ctor Public Works
CITY
NEADLiNER DEVELOPMENT COM?ANY, a Calif. , Corp.
APPROVED AS TO FORM '
SPE ER THOMAS 1R., Cit Attorn y
rte^ e Y 1
Date4
SJBDIVID .R
*Attach Notary acknowledgement
Revised-Entirety, 4/73 va
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