HomeMy WebLinkAboutT-2739 - Agreement/Covenant - 6/22/2006 I •
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SUBDIVI:� LUN AGREEMENT
THIS AGREEMENT is made this 1-3 4 day of
19�'7 7 , by and between the City of Fresno, a 11unicipal
Corporation , hereinafter designated and called the "City
and BOMBAY CORPOP.ATION, A California Corporation
487 W. Shaw Fresno, California 93711
(Address of Subdivider)
hereinafter designated and called the "Subdivider" .
RECITALS
1 . The Subdivider has presented to the City a certain
final map of a proposed subdivision of land located within
the corporate limits of the City , and known and described as
"WOODWARD PARK ESTATES" - Tract No. 2739
a copy of which map is attached to and made a part of this
agreement , and said Subdivider has requested =he City to
accept the dedications delineated and shown on said :nap for
the use and purposes specified thereon , and to otherwise
approve said map in order that the same may be recordec: , as
required by law.
2 . The City requires , as a condition precedent to the
acceptance and approval of said map , the dedication of such
streets , highways and public places and easements as are
delineated and shown on said map , and deems the sane 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 the installation of the improvements
hereinafter specified.
3. Section 12-1012 of the Municipal Code of the City
_ of Fresno requires the Subdivider to enter into this acreero nt
with the City whereby Subdivider agrees to do , perform and
complete the work and matters hereinafter in the agreement
mentioned and set forth in detail , within the time hereinafter
mentioned, in consideration of the acceptance of the offers
of dedication by the City of Fresno .
t ,
A ;,GEMENT
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 the City , and the Sub-
divider and the City do hereby mutually agree as follows :
4 . The Subdivider shall perform the work and improve-
ments hereinafter specified on or before October 31
19 79 , to the satisfaction of the Director of Public Works
of the City.
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 , as amended, 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 or place all landmarks , monuments and lot corr.:�rs
required to locate land divisions in accordance with the
final map.
b. All utility systems shall be installed underground .
The subdividers ' attention is directed to the installa-
tion of street lights in accordance with Section 12-1011
(i) . The Subdivider shall construct a complete undergrc,.nd
street light system as approved by the traffic engineer
prior to final acceptance of the subdivision. Height, tyre ,
spacing, etc. of standards and luminaries shall be in a --or-
dance with Resolution No . 68-187 and as approved by the
City Traffic Engineer.
C . Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , ArL cle
1 of the Fresno Municipal Code and all applicable fees and
charges shall be paid.
d. Sanitary sewer extensions and services shall be provides
in accordance with applicable provisions of Chapter 9 ,
Article 5 of the Fresno Municipal Code and all applicabi !
fees and charges shall be paid.
e. Lot drainage shall be in accordance with Section 13-120 . 903
(f) of the Fresno Municipal Code.
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f . Any temporary storm water retention basins constructed
or enlarged to serve this tract shall he fenced in accor-
dance with City standards within seven (7) days from the
time said basins become operational , or as directed by the
Engineer.
g . Perform and construct all work as shown on the attached plans
(City of Fresno Drawing Nos . 15-F-73 & 74 , 15-C-3630-3659 ,
10-C-3379-3399 , & 10-C-3428-3432) , unless specifically omitted
herein.
Reimbursements for street work required by the Urban Growth
Management Process shall be in accordance with the Service
Delivery Plan.
h. A portion of the Subdivider ' s water service requirements is
to provide a water supply well at the location shown on the
construction plans together with a transmission grid main
within the Audubon Drive/First Street alignment between an
existing transmission grid main in Alluvial Avenue and a new
transmission grid main in Audubon Drive immediately north-
westerly of the Southern Pacific Railroad right-of-way. " he
water supply well including pumps and facilities is to be
connected to the above mentioned transmission grid main.
The City agrees that the requirement for installation of
that portion of the transmission grid main southeasterly of
the connection of the water supply well with the transmi3sion
grid main will be deleted should the water supply well and
pump installation/operation meet the below listed specifi -a-
tions . The City further agrees that the requirement for .any
portion of the installation of the transmission grid main
within the Audubon Drive/First Street alignment between
Alluvial Avenue and the transmission grid main immediately{
northwesterly of the Southern Pacific Railroad right-of-war
that is southeasterly of an interconnect water main to the
transmission grid main from a water supply well and pump
installation operation developed at an alternate water sutply
well site not shown on the construction plans that meets th
below listed specifications shall be deleted.
The Subdivider and City of Fresno agree that should norti%ns
of the transmission grid main be deleted as hereinabove
mentioned proper adjustments in inspection fees and othe-
charges and credits shall be made accordingly .
SPECIFICATIONS :
The pump installation and operation in its entirety shali bf3
patterned after other City wells . Specifications for the pro-
curement of the deep well turbine pump and companion equipment
shall be approved by the Director of Public Works prior to tht
advertising for bids .
The specifications of the pump shall have the following 1 :mita
tions :
(a) Maximum horse power = 150
(b) Maximum system pressure = 55 psi
(c) Maximum draw down will be determined by the sp _- itic
yield of the well and in no -case will it exceed 20
without the approval of the Director .
The water supply well with the intertie to the City ' s
main on Millbrook Avenue at the Clovis High School shall
have sufficient capacity to provide the tract with a domesti(_
flow of 5 gallons per minute per service plus fire flow.
2-A
Fire flow shalt be determined using the Insurance Service
Office "Guide for Determination of Required Fire Flow"
( 1972) or as designated by the City of Fresno Fire Department .
The system pressures at the point of delivery should be at
least 20 pounds per square inch under flow conditions of
peak hour demand, plus fire flow.
i . The Subdivider shall install a 24-inch (inside diameter)
irrigation pipeline as part of the street and storm drain
improvement plans . The design of this irrigation pipeline
is based on water service requirements of the City of
Fresno and downstream water users . The City of Fresno
agrees to reduce the diameter of the irrigation pipeline
to no less than 18 inches (inside diameter) should the Sub-
divider successfully negotiate or resolve an alternate
method of water transportation for downstream water users .
The Subdivider agrees to dedicate to either the City of
Fresno or the Fresno Irrigation District, at the City ' s
option, an irrigation pipeline easement within 60 days
from the date of execution of this agreement, as indicated
within the area reserved for irrigation pipeline easement on
the final map.
The Subdivider agrees that construction activities will not
restrict or impair water flows in the existing Forkner Canal
until said 24-inch pipeline is capable of transporting zne
required water flows . The Subdivider further agrees to
complete construction of the 24-inch pipeline no later tf-:an
November 15, 1977 .
j . The Subdivider shall dedicate to the City whatever portions
of the required right-of-way along N. First Street which
the Subdivider acquires in the next 90 days from the date
of execution of this agreement. The Subdivider agrees ` D
allow the City to commence to acquire the necessary righ --
of-way through the lawful exercise of its Power of Eminent
Domain after expiration of the 90 day time period mentioned
above.
The Subdivider has deposited with the City cash in the amount
of $44 , 370. 00 . Such sum shall be security to pay the Ciry
the full cost to acquire all necessary right-of-way, inciudin .
Attorney ' s fees , appraisal fees, court costs and related
expenditures, through the lawfull exercise of the City ' s
Power of Eminent Domain. Such security shall be cash or
immediately convertible to cash whenever, if necessary,
the City commences to exercise its Power of Eminent Domain .
If such sum is less than the actual full cost to acquire
all necessary right-of-way, the Subdivider shall remit to
the City the difference within 15 days of the mailing tc
such Subdivider of an itemized list of such costs. If
such sum exceeds the actual full cost to acquire the sub ;�ct
right-of-way, the City shall refund the difference as soon
as the City determines the amount of such excess .
2-B
k. Tl-( Subdivider his del -)_sited with the City the sum of
$130 , 214 . 84 for the icy L l,)wing :
(1) Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $53 , 363 . 15
(2) Temporary Drainage Basin Maintenance Fee. . . . . . . . 5 , 000 . 00
(3) Intersection Signing, 37 @ $70 . 00 each. . . . . . . . . . 2, 590 . 00
(4 ) Traffic Regulatory Signing, 11 @ $35 . 00 each . . . . 385 . 00
(5) Stfeet Trees , 427 @ $10 . 00 Each. . . . . . . . . . . . . . . . . 4 , 270 . 00
(6 ) Railroad Crossing Protection Fees . . . . . . . . . . . . . . . 21 , 875 . 00
(7) Sanitary Sewer Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ,727 . 88
Lateral Charge, 279 . 51 L.F.
@ $10 . 00 . . . . . . . . . . . . . . . . . . . . . . $ 2 , 795 . 10
Oversize Fee, 146 . 16 A.C . @
$180 . 00 . . . . . . . . . . . . . . . . . . . . . . . 26 , 308 . 80
Plan Review Fee. . . . . . . . . . . . . . . . 1 , 623 . 98
Major Facilities Fee (To Be Paid
at time of Development) . . . . . . . -0-
$30 , 727 . 88
(8) Sanitary Sewer Credits/Reimbursements
Total Oversize Fee Credits and
Reimbursements . . . . . . . . . . . . . . . . $67 , 251 . 00
Present Oversize Fee Credit. . . . 26 , 308 . 80 (26 , 308 . 80)
Subtotal. . . . $40 , 942. 20
Reimbursement Due Upon Completion
of Sewer Main installation. . . . . $10 , 000 . 00
Future Refunds in Accordance
with FMC Section 9-503 . 2 (c) . . . . $30 , 942 . 20
(9) Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 , 162 . 21
Fire Hydrant Charge , 4 , 722 , 220
S. F . @ $. 0075. . . . . . . . . . . . . . . . $35 , 416 . 65
Water Construction Charge , 353
Lots @ $1. 25 . . . . . . . . . . . . . . . . . 441 . 25
Plan Review Fee. . . . . . . . . . . . . . . . 1 , 254 . 71
"Wet-Tie" Charge. . . . . . . . . . . . . . . 1, 200 . 00
Transmission Grid Main Charge,
146 . 16 A.C . @ $375. 00 . . . . . . . . 54 , 810 . 00
Water Supply Well Charge ,
146 . 16 A.C . @ $185 . 00 . . . . . . . . 27 , 039 . 60
$120 , 162 . 21
(10) Water Credits/Reimbursements
a. Transmission Grid Main
Credits/Reimbursements
Total Credits/Reimbursements . . 96 , 945. 00
Present Credits . . . . . . . . . . . . . . . 54 , 810 . 00 (54 , 810 . 00)
Subtotal . . . . . . . . . . . . . . . . $42 , 135 . 00
Reimbursement Due Upon Completion
of Water Main Installation. . . $ 4 , 500 . 00
Future Reimbursements in Accor-
dance with FMC Section 14-107 . 1
(d) (1) . . . . . . . . . . . . . . . . . . . . . . . $37 , 635 . 00
b. Water Supply Well Credits/Reimbursement
Estimated Well Construction
Cost* . . . . . . . . . . . . . . . . . . . . . . . $70 , 000 . 00
Present Well Fee Credit
146 . 16 @ $185 .00 . . . . . . . . . . . . 27 , 039 . 60 (27 , 039. 60)
Future Reimbursements in Accor-
dance with FMC Section
14-107 . 1 (d) (2) . . . . . . . . . . . . . . $42 , 960 . 40
C. Fire Hydrant Reimbursements (future)
33 each @ $300. 00 each. . . . . . 9 , 900 . 00
Total Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130 , 214. 84
* Actual Reimbursements to be determined by audit.
7 . SLIL)dIvider has paid to th - City of ►'t-osno , in accor-
dance with Article 13 , Chapter 13 of the Fresno Municipal Code ,
the required Eee to defray the costs of constructing planned
local drainage facilities for the removal of surface and
storm waters from the subdivision .
8 . It is agreed that the City shall inspect all work.
All of the work and improvements and materials shall be done ,
performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of
the City Engineer of the City and the Standard Specifica-
tions of the City , which said plans and specifications and
standards are hereby referred to and adopted and made a part
of this agreement. In case there are not any standard
specifications of the City for any of said work , it is agreed
that the same shall be done and performed in accordance with
the standards and specifications o•f the State of California,
JI
Civision of Highways . All of said work and improvements and
.r,aterials shall be done, performed and installed under the
capervision of and to the satisfaction of the City Engineer
of the City.
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1
9 . Prior to the approval by the Council of the City of said
:gal map the Subdivider shall :
In lieu of any bond or bonds required,
(a) deliver to the City an instrument of credit in the
sum of Two Million Three Hundred Seventy-Five Thousand
Dollars ($ 2 , 375 ,000 . 00 ) (which sum is
equal to 95 percent of the total estimated cost of the work and
improvement) to insure the faithful performance of this agreement,
all as specified in said instrument of credit entitled Performance
Instrument of Credit to Guarantee Subdivision Improvements
and hereby made a part of this agreement.
(b) deliver to the City a, labor and materials bond in the
sum of One Million Two Hundred Fifty Thousand
Dollars ($ 1 , 250 , 000 . 00 ) (which sum is equal to 50
percent of the total estimated cost of the work and improvement)
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, all as specified in said
instrument of credit entitled Labor , Material Instrument of Credit
to Guarantee Payment of Subdivision Improve- and hereby made
ments
a part of this agreement.
(c) deliver to the City cash or a certificate of deposit
in the amount of One Hundred Twenty-Five Thousand
Dollars ($ 125 , 000 . 00 ) (which
sum is equal to 5 percent of the estimated cost of the work and
improvement) pursuant to the provisions of Fresno Municipal Code
Section 12-1016 (b) .
(d) deliver to the City cash or a certificate of deposit
in the amount of One Hundred Twenty-Five Thousand
Dollars ( $ 125 , 000 . 00 ) (which sum is
equal to 5 percent of the estimated cost of the work and improve-
ment) pursuant to the provisions of Fresno Municipal Code Section
12-1016 (e) . (Enforcement Costs) .
-4-
10 . The city shall not be lic-l'ble 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 City harmless from and against any and all in-
juries 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 pur-
suant 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 Sub-
divider ' s agents , employees and subcontractors , 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 a't all times prior to final acceptance
by the City of the completed street and other improvements
thereon and therein.
11. Certificates of Occupancy shall be issued by the
Building Official in accordance with the Fresno City Municipal
Code.
In any case no Certificate of Occupancy shall be issued
until all of each of the following improvements have been con-
structed or installed to the satisfaction of the Engineer :
a. Water and Sewer Systems (within Tract) .
b. Water and Sewer Systems (UGM extensions) .
C. Storm Drain Facilities.
d. Temporary or permanent drainage pond.
e. Streets (including finish surface of asphalt concrete
pavement) within the Tract.
• The issuance: of any occup�1-►cy permits by the City for
;:wetlings located within said subdivi_: ion shall not be con-
strued in any manner to constitute an acceptance and approval
of any or all of the streets and improvements in said subdivision.
12 . The Subdivider and his subcontractors shall pay 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 or California,
with respect to such work or labor , as required by Section 3247 of
the Civil Code and shall file with the 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.
13 . Initial compaction and soil tests for street, sewer,
and other work within the public right of way shall be ordered
by and paid for by the City of Fresno. Sewer and utility trench
tests shall be taken in varying locations and depths as required
by tae Engineer . Compaction tests failing to meet the City' s
rev_uirements , 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.
14 . The Subdivider shall comply with Street, Plumbing,
Building, Electrical , Zoning Codes and all other Codes of the
City.
15 . 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 responsibility of the Subdivider .
It shall further be the 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.
6
' i6 . Whenever the Subdivid,..r varif.s the period during
:hich work is carried on each clay , he shall give due notice
::o 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 fulfill the agreement
as prescribed. Defective work shall be made good , and un-
suitable 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 bond, or final acceptance of completed work.
17. 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 :ime work is first 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 suffi-
cient 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 Sub-
divider to comply with the provisions of this paragraph forth-
with. 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 Sub-
divider, 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
7
to maintain adequate dust conti , ,l or shaLl at any time there-
after fall 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 therefore, 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 be-
tween the commencement and final completion and adequate dust con-
trol shall be maintained during these operations .
18 . The Subdivider shall install all street improvements Li
accordance with Section 12-1012 of the Municipal Code of the Citi:
of Fresno and the construction plans.
19 . 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 .
20 . 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 F�•ESNO, P//Muni pal Corporatioi
ATTEST: By
Public Works Director
TO 449 C O CITY
t 1'orporation I
�r k'I'E OF C%LIFORNI\
tiff.
It NTl
I{ /
1). 7 f�r � before me, the under,i;:ned, a Notary Public in and for �•iid
__! 1 — -- — ---- — ---—
";:1r. tu'l',,uieil)' appealed
m known to me to be the \/ t<. _ President, and ____ --•
SUBDIVIDER
Id% known to me to be —__— Secretary of the corporation that executed the within Instrument.
W known to me to be the persons who executed the within
In-trument on behalf of the corporation therein named, and
d 1,nowledged to me that such corporation executed the within
t
� in,u•umrnt pursuant to its by-laws or a resolution of its board •v� v,�;-�;
,.f directors.
pFf"::Aim SEni- �
\�I'rNESS my h nd and official seal. PA-IL11,0:tP. I— KiMI KI ;
signature-"A `l t %i �'� •` ( ) i t _'�C _ Vr4ndpil l�fFic- in
.rwno ..ounP.
�x My GOO. Expires Oct 28, 1979
.1'N�'!?(M�+1n Nli',.1 .,;Y.S(VV)(VY W./�•IY(t
Name (Typed or Printed)
(This aril for 00cist notarial seal)
to mainta :1 adequate dust contr l or shall at any time there-
,
after 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 therefore, 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 be-
tween the commencement and final completion and adequate dust con-
trol shall be maintained during these operations .
18 . 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.
19 . 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 .
20. 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 yea--
first above written.
1
CITY OF F$ESNO, N Municipal Corporatio
ATTEST: By r
Public Works Director
_ C I T'i
TO FOPsk
Altcr ier- kn --
SFE �
ay "' SUBDIVIDER
gra_.- . (2- �? _ _.._ V�e�- �(�►
* Attach Notary acknowledgement
Revised - 9/1/77 ljl
A
AMENDMENT T . UBDIVISIO AGREEMENT
THIS AGREEMENT is made by and between the CITY OF FRESNO,
a municipal corporation, hereinafter referred to as "City" , and
BOMBAY CORPORATION, a California Corporation, 487 W. Shaw, Fresno,
California 93711, hereinafter referred to as "Subdivider" .
WHEREAS, on September 13, 1977, City and Subdivider entered
into a Subdivision Agreement, hereinafter referred to as
"Agreement" , whereby Subdivider dedicated to City certain public
improvements as delineated in Agreement, as well as promised
to construct said certain public improvements prior to October 31,
1979, all as delineated and shown on a certain Final Map of a
proposed subdivision of land known and described as "WOODWARD
PARK ESTATES" , TRACT NO. 2739 located in the City of Fresno,
County of Fresno, State of California, all in consideration of,
and as a condition precedent to, the acceptance and approval
by City of Subdivider' s said Final Map of said Tract No. 2739;
and
WHEREAS, Section 6g of the Subdivision Agreement contains
the requirement that the Subdivider shall perform and construct all
work as shown on plan sheets attached to the Agreement and en-
titled City of Fresno Drawing Nos. 15-F-73 , and 74, 15-C-3630-3659,
10-C-3379-3399, and 10-C-3428-3432; and
WHEREAS, the City and the Subdivider do mutually desire to
modify the cross section of Shepherd Avenue, shown on Drawing No.
15-C-3631, from a three-lane divided roadway to a two-lane
undivided roadway with provision for additional lanes on the
north side of Shepherd Avenue; and
WHEREAS, such modification provides street development to
rural standards in harmony with the Woodward Park Community
Plan; and
s
WHEREAS, such modification provides for adequate roadway -
capacity in harmony with the rural density residential standards
contained in the Woodward Park Community Plan;
NOW, THEREFORE, THE PARTIES HERETO, IN CONSIDERATION OF THE PRO-
MISES AND COVENANTS CONTAINED HEREIN DO HEREBY MUTUALLY AGREE
AS FOLLOWS:
1. Subdivider will construct Shepard Avenue in accordance
with the cross section shown on Exhibit "A" of this Amendment,
and made a part hereof by this reference.
The Subdivider shall modify or cause to be modified Drawing
Nos. 15-C-3631, 15-C-3650, 3651 and 3652 and any other appro-
priate plan sheets to incorporate the Shepard Avenue cross section,
as shown on Exhibit "A" .
2 . Except as modified or amended by this Amendment to Sub-
division Agreement, the terms and conditions in the original
Agreement shall be and continue to be in full force and effect.
The parties hereto have executed this Amendment on the day and
year first above written.
State of California)
s4. 2
County of Eresnol'
in thr car one thousand nine
d y "t.-...
July--- -------- rsona►►y �Z
On this... Sixth......... ,yancy..... a.r.Q.ne o��orn. P<
before me, ----- • commissioned and
s; therein. duly m Z ` O
- - ......_ 11
M"": S� dl
................. n
hundred ana.--....S.aY.e.nt_y.--.e. fear. ar.a.tl.nn..-----•-----•------
a Notary Pufilic in and for said tut
c�wa-r------ QxlgDmbay P
........
- appeared ._..-.._.....- ----------•-•--President a(�X---
known to me to be the.....---- who executed the n O
. ............. person.... �3 =>
ff
----------------------. jj&akt"]CfXtlteX------ ------------ - le ouch corporation
p��( t1Ql(]hK� within instrument, and known to me to be tfie p- n�O
and acknowledged to me that m T-4
• the corporation that executed the seal at my office in said N n O
within instrument on behalf of the corporation therein named,
and affixed my official z
ift
executed the same-WHEREOF. l hate hereunto set my > -i
1[Y WITNESS , 4 t
0
T
(;minty. the day and year in this Certificate first ahoy written. --•- -------.-.•- -
� `�,-�.
&------ .......
CORPORATION ACKNOWLEDGMENT Notary blic in and for said i munty and State
Kilner Stationery C-0-
191(' Echo
liated: 7
Subdivider
ATTEST:
JACQUELINE L. RYLE
City Clerk
By /
Deputy
APPROVED AS TO FORM: •
JAMES A. XPKELVEY
City A t ney
f By
WHEREAS, such modification provides for adequate roadway,
capacity in harmony with the rural density residential standards
contained in the Woodward Park Community Plan;
NOW, THEREFORE, THE PARTIES HERETO, IN CONSIDERATION OF THE PRO-
MISES AND COVENANTS CONTAINED HEREIN DO HEREBY MUTUALLY AGREE
AS FOLLOWS:
1. Subdivider will construct Shepard Avenue in accordance
with the cross section shown on Exhibit "A" of this Amendment,
and made a part hereof by this reference.
The Subdivider shall modify or cause to be modified Drawing
Nos. 15-C-3631, 15-C-3650, 3651 and 3652 and any other appro-
priate plan sheets to incorporate the Shepard Avenue cross section,
as shown on Exhibit "A" .
2 . Except as modified or amended by this Amendment to Sub-
division Agreement, the terms and conditions in the original
Agreement shall be and continue to be in full force and effect.
The parties hereto have executed this Amendment on the day and
year first above written.
CITY OF FRESNO
a Mun' al Co orat n
By
Publik W Director
t
Dated:
BOM BA CORPORATION
Bye
i
Dated:
Subdivider
ATTEST:
•. JACQUELINE L. RYLE
City Clerk
By
_L ��e
Deputy
APPROVED AS TO FORM:
JAMES A. KELVEY
City A t ney
BYJ.KOM .Or
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MODIFICATION F SUBDIVISIO AGREEMENT
The CITY OF FRESNO, a municipal corporation,, hereinafter
referred to as "City" , and BOMBAY CORPORATION, a California
corporation, hereinafter referred to as "Subdivider" agree as
follows :
RECITALS
1. The City approved the Final Subdivision Map of Tract
No. 2739, "Woodward Park Estates" on September 13 , 1977 and
pursuant to this approval, required the Subdivider to enter
into a subdivision agreement, hereinafter referred to as
"Subdivision Agreement" , to guarantee the installation of
public improvements.
2. Pursuant to this Subdivision Agreement, Subdivider
posted security in the form of an assignment of a certificate
of deposit in the amount of $44 , 370. 00 to guarantee acquisition
of the right-of-way for sewer and water easements . Subdivider
also posted an assignment of a certificate of deposit in the
amount of $125, 000. 00 for enforcement posts.
3. The Subdivider has dedicated =o the City portions of
the right-of-way required for sewer and water easements and
the full amount of posted security is no longer needed to
secure the Subdivider' s performance.
4 . The City has repealed Subsection 12-1016 (e) of the
Fresno Municipal Code, pursuant to Ordinance No. 78-12 ,
relating to enforcement costs of improvement security and
Subdivider' s posted security is no longer required.
5 . The City has adopted Resolution No. 78-57 authorizing
the Public Works Director of the City of Fresno to modify the
Subdivision Agreement pertaining to Tract No. 2739 and release
the entire security posted by Subdivider for enforcement costs
and release $27 , 750. 00 of the security posted for acquisition
of sewer and water easements.
-1-
r•
r �
AGREEMENT
In consideration of the above, it is mutually agreed and
understood by and between the Subdivider and the City, and the
Subdivider and the City do hereby mutually agree and thereby
modify the Subdivision Agreement as follows :
1. The City shall release the assignments of the above
described Certificates of Deposit and the Subdivider shall
acknowledge receipt of said Certificates of Deposit at the
time this agreement is executed.
2. The Subdivider shall deposit with the City, at the
time this agreement is executed, cash in the amount of $16, 620. 00
in satisfaction of the requirements of Section 6 (j ) of the
Subdivision Agreement.
3. The Subdivider agrees, as a part of the obligation
of the Subdivider and in addition to any and all security
furnished for the faithful performance of the Subdivision
Agreement, that the City shall be entitled to costs and
reasonable attorney' s fees which may be incurred in successfully
enforcing the obligation secured under the terms of the
Subdivision Agreement.
SUBDIVIDER
BOMBAY CORPORATION
�C fornia cor ration
Dated : 2 —{ By
Title
OU LI
Dated: By
Title
CITY OF FRESNO
JAMES L. MARTIN
Dated: 2
0- JAMES
7� Publ ' c Wor Director
By
APPROVED AS TO FORM: S-�
Title
JAMES A. McKELVEY
Acting/City Attorney'
By i
T
Title --
DCH:sl
2/15/78 -2-
RELEASE OF ASSIGNMENT
Pursuant to Council of the City of Fresno Resolution
78-57 , the City of Fresno hereby releases the assignment
of Certificates of Deposit, Numbers 42432 and 42433, in the
i
principal amount of $125, 000. 00 and $44 ,370. 00 respectively.
Dated: ��G� / ('7 CITY OF FRESNO
JAMES L. MARTIN
Public Works Director
B
;Pie
TITLE IP'v
Bombay Corporation hereby acknowledges receipt of Certificates
of Deposit, Numbers 42432 and 42433, and thereby accepts the
foregoing release of assignment.
Dated: Z — Ilv �� BOMBAY CORPORATION
a ' fornia corporation
B
Title
DCH:sl
2/15/78
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