HomeMy WebLinkAboutT-2770 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this /9day of ,
19�, by and between the City of Fresno, a Municipal
Corporation , hereinafter designated and called the "City
and Riverview Estates, A Partnership
6615 N. Blackstone, Fresno, California 93710
(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
Tract No. 2770 - "Riverview - Phase I"
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 shown on said map for
the use and purposes specified thereon , and to otherwise
approve said map in order that the same may be recorded , as
recuired by law.
2 . The City requires, as a condition precendent 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 same 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 co:istruction 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 acreement
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
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 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 December 31 ,
19 81 , 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 , and as amended at the sole
cost and expense of the Subdivider including all costs of
engineering, inspection and testing as specified in Item 15 .
6 . The work and improvements are as follows :
a. Construct all landmarks, monuments and lot corners
required to locate land divisions shown on the
Final Map.
b. All utility systems shall be installed underground.
The Subdivider' s attention is directed to the
installation of street lights in accordance with
Resolution No. 68-187 ,and Resolution No. 78-522.
The Subdivider shall construct a complete under-
ground street light system as approved by the
Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. of
standards and luminaires shall be in accordance
with Resolution No. 78-522 and shall be approved
by the City Traffic Engineer.
C. Water main extensions and services shall be pro-
vided in accordance with applicable provisions
of Chapter 14 , Article 1 of the Fresno Municipal
Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be
provided in accordance with applicable provisions
of Chapter 9, Article 5 of the Fresno Municipal
Code and all applicable charges shall apply.
e. Lot drainage shall be in accordance with Section
13-120. 2905 (f) of the Fresno Municipal Code.
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f. All "Dead-End" Streets created by this subdivision
shall be barricaded in accordance with City Standards
within seven (7) days from the time said streets
are surfaced, or as directed by the Engineer.
g. Any temporary storm water retention basins con-
structed or enlarged to serve this Tract shall be
fenced in accordance with City Standards within
seven (7) days from the time said basins become
operational, or as directed by the Engineer.
h. Perform and construct all work shown on the attached
plans. (City of Fresno Drawing Nos. 10-C-3758 through
10-C-3789, Water Job No. 3155, 15-C-4227 through 15-C-
4267 and F.M.F.C.D. Drawing Nos. DH-1 through DH-5) ,
unless specifically omitted herein.
i. A portion of the Subdivider' s water requirements is
to provide a water supply well. The water well site
and its respective transmission grid main connection
to the E. Nees Avenue transmission grid main as shown
on the attached plans is subject to revision.
Final selection of well site shall be approved by the
City and will be based on the results of test borings
to be made by the Subdivider.
Subdivider shall prepare and submit to the City for
acceptance, a Grant Deed for said final selected
well site.
Revised construction plans shall be prepared by the
Subdivider indicating the final selected well site and
the subsequent transmission grid main required to
connect the final selected well site to the E. Nees
Avenue transmission grid main.
SPECIFICATIONS:
The pump installation and operation in its entirety
shall be patterned after other City wells. * Specifi-
cations for the procurements of the deep well turbine
pump and companion equipment shall be approved by the
Public Works Director prior to the advertising for bids.
The specifications of the pump shall have the following
limitations:
(a) Maximum horse power = 150*
(b) Maximum system pressure = 55 psi
(c) Maximum draw down will be determined by the
specified yield of the well and in no case
will it exceed 20 feet without the approval
of the Director.
(d) The water supply well shall have a minimum
capacity of 1800 GPM unless otherwise
approved by the City Engineer.
Fire flow shall 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 con-
ditions of peak hour demand, plus fire flow.
* The Public Works Department is currently in the process of com-
pleting a study for water service to the subject area. This
study includes recommendations for an alternative well speci-
fication to insure maximum sand free domestic flow. The Public
Works Director reserves the right to increase the size or alter
the construction specifications of the well prior to bidding.
Well service area fees and refunds will be adjusted accordingly.
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.Adjustment of various fees, charges, credits and
refunds for the above mentioned revision shall be
mutually agreed on between the Subdivider and the
City.
j . The Subdivider shall obtain and dedicate to the City
all easements required for street purposes which the
Subdivider acquires in the next 90 days from the date
of execution of this Agreement. The Subdivider agrees
to allow the City to commence to acquire the necessary
easements through the lawful exercise of its Power of
Eminent Domain after expiration of the 90 day time
period mentioned above.
k. The Subdivider has deposited with the City cash in
the amount of $63 , 000. 00. Such sum shall be security
to pay the City the full cost to acquire all necessary
easements, including : Attorney' s fees, appraisal fees,
court costs and related expenditures, through the
lawful 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 to the such Subdivider of an itemized list
of such costs. If such sum exceeds the actual full
cost to acquire the subject right-of-way, the City
shall refund the difference as soon as the City
determines the amount of such excess.
1 . The Subdivider has deposited with the City the sum
of $134 , 604 . 35 for the following:
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . $ 25 ,481. 15
2. Intersection Signing, 34 @ $70. 00. . . . . . . $ 2 , 380. 00
3. Traffic Regulatory Signing, 24 @ $35. 00 . $ 840. 00
4 . Street Trees , 331 @ $25. 00. . . . . . . . . . . . . . $ 8 , 275. 00
5. Temporary Pond Maintenance Fee. . . . . . . . . . $ 4 , 000. 00
6. Sewer Trench Water Compaction Charge,
24 , 875 CY @ $. 04 . . . . . . . . . . . . . . . . . . . . . . . . $ 995. 00
7. U.G .M. Right-of-Way Acquisition Charge . . $ 63 , 000. 00
8. U.G.M. Fire Station Fee (Station No. 2)
A'- / 78 . 4959 Ac @ $121 . 00 . . . . . . $9 , 498 . 00
X'-. 4 4 . 8659 Ac @ $148 . 00 . . . . . . $ 720 . 15
$10 , 218 . 15. . . . $ 10 , 218 . 15
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9 . Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84 ,860. 50
a. Fire Hydrant,
2, 500, 506 . 15 SF
@ $. 0075. . . . . . . . . . . . $18 ,753. 80
b. Transmission Grid
Main, 83. 37 Ac. @
$375 . 00 . . . . . . . . . . . . . $31, 263 . 75
C . U.G.M. Well Develop-
ment, 83. 37 Ac. @
$410 . 00 . . . . . . . . . . . . . $34 , 181 . 70
d. Water Construction,
279 Lots @ $1. 25. . . . $ 348 . 75
e. Plan Review. . . . . . . . . $ 312 . 50
Total Water Charges . $84 , 860 . 50
10 . Water Credits/Reimbursements
a. Transmission Grid
Main Credits/Reimburse-
ments
Total Credits. . . . . . $100,208 .40
Present Credits. . . . $ 31,263 . 75. . . . . $ (31 ,263.75)
Sub-total. . . . . $ 68, 944 . 65
Reimbursement Due
Upon Completion of
Water Main Installa-
tion. . . . . . . . . . . . . . . $ 4 , 500 . 00
Future Reimburse-
ments In Accordance
With Fresno Municipal
Code Section
14-107. 1 (d) (2) . . . . . $ 64 ,444 . 65
b. Well Credits/Reimbursements
Estimated Well
Cost*. . . . . . . . . . . . . . $125, 000. 00
Present Well Fee
Credit. . . . . . . . . . . . . $ 34 ,181 . 70 . . . . . $ (34 ,181. 70)
Future Reimburse-
ment in Accordance
With Fresno Municipal
Code Section
14-107 . 1 (d) (2) . . . . . $ 90, 818 . 30
C . Fire Hydrant Reimbursements
(Future)
26 Each @ $300 . 00 . . . $ 7 , 800 . 00
Total Fees and Charges. . . . . . . . . . . . . $134 , 604 . 35
* Actual Reimbursement to be Determined by Audit
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7 . Subdivider has paid to the City of Fresno, in accor-
dance with Article 13, Chapter 13 of the Fresno Municipal Code,
the required fee to defray the costs of constructing planned
local drainage facilities for the removal of surface and storm
waters from the subdivision.
7a. The Subdivider hereby allocates the following described
property for use as temporary facilities to alleviate the flooding
and drainage problems anticipated to be caused by this subdivision
and its improvements until such time as the City, through its
Public Works Director, releases in writing such property from such
use:
PARCEL A (Ingram Avenue Basin) :
That portion of Parcel "A" of PARCEL MAP NO. 77-42 , in the City
of Fresno, County of Fresno, State of California, according to
the map thereof recorded in Book 28 of Parcel Maps at page 83 ,
Fresno County Records, described as follows:
Commencing at the Northwest corner of said Parcel A, also being
the Northwest corner of Section 33, Township 12 South, Range 20
East, Mount Diablo Base and Meridian, according to the United
States Government Township Plat; thence South 000 02 ' 47" West,
along the West line of said Parcel A, also being the West line
of said Section 33, a distance of 1612 . 00 feet; thence South 890
57 ' 13" East a distance of 74 . 00 feet to the TRUE POINT OF BEGIN-
NING of this description; thence continuing South 89° 57 ' 13"
East a distance of 150 . 00 feet; thence South 001 02 ' 47" West a
distance of 177 . 00 feet; thence North 890 57 ' 13" West a dis-
tance of 150 . 00 feet; thence North 000 02 ' 47" East, parallel
with and 74 . 00 feet East of said West line of Parcel A, also being
the West line of said Section 33 , a distance of 177. 00 feet to the
TRUE POINT OF BEGINNING.
PARCEL B (Nees Avenue Basin) :
That portion of Lot 276 of PERRIN COLONY NO. 2 , in the City of
Fresno, County of Fresno, State of California, according to the
amended map thereof recorded in Volume 4 of Plats at page 68 ,
Fresno County Records, described as follows:
Commencing at the Southwest corner of Section 28, Township 12
South, Range 20 East, Mount Diablo Base and Meridian; thence
North 89° 47 ' 00" East, along the South line of said Section 28 ,
a distance of 40 . 00 feet; thence North 000 13 ' 00" West a dis-
tance of 52 . 00 feet to the TRUE POINT OF BEGINNING of this descrip-
tion; thence North 890 47 ' 00" East, parallel with and 52 . 00 feet
North of said South line of Section 28 , a distance of 250. 00 feet;
thence North 000 13 ' 00" West a distance of 200 . 00 feet; thence
South 890 47 ' 00" West a distance of 250 . 00 feet; thence South
000 13 ' 00" East a distance of 200 . 00 feet to the TRUE POINT OF
BEGINNING.
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PARCEL C (College Avenue Basin) :
That portion of Lots 257 and 258 of PERRIN COLONY NO. 2 , in the
City of Fresno, County of Fresno, State of California, according
to the amended map thereof recorded in Volume 4 of Plats at Page
68 , Fresno County Records, described as follows:
Commencing at the intersection of the Westerly right-of-way line
of North Blackstone Avenue (State Route 41) with the South line of
the Southeast Quarter of Section 28 , Township 12 South, Range 20
East, Mount Diablo Base and Meridian, according to the United
States Government Township Plat; thence, along said Westerly
right-of-way line of North Blackstone Avenue (State Route 41) ,
North 02° 12 ' 00" West a distance of 3138 . 76 feet and North 030
55 ' 40" West a distance of 298 . 30 feet to the Point of Cusp of a
tangent curve, concave to the Northwest, whose Interior Angle is
920 19 ' 39" and Radius is 35. 00 feet; thence Southwesterly and
Westerly, along said curve, an arc distance of 56. 40 feet to the
Point of Curvature of a reverse curve, concave to the Southeast,
whose Interior Angle is 270 21 ' 00" and Radius is 1750. 00 feet;
thence Westerly and Southwesterly, along said curve, an arc dis-
tance of 835 . 37 feet to the Point of Curvature of a curve, con-
cave to the Southeast, whose Interior Angle is 130 33 ' 57" and
Radius is 1389. 73 feet; thence Southwesterly, along said curve,
an arc distance of 329. 04 feet to a point on a non-tangent curve,
concave to the Southeast, whose Interior Angle is 210 56 ' 01" and
Radius is 1742 . 00 feet (the Radial of said non-tangent curve at
said point bears South 390 44 ' 08" East) ; thence Southwesterly,
along said curve, an arc distance of 666. 87 feet to the Point of
Tangency; thence South 280 19 ' 51" West a distance of 283.60 feet;
thence South 610 40 ' 09" East a distance of 214 . 00 feet; thence
South 280 19 ' 51" West a distance of 20. 00 feet; thence South 610
40 ' 09" East a distance of 274 . 97 feet to the TRUE POINT OF BEGIN-
NING of this description; thence continuing South 610 40 ' 09"
East a distance of 220. 00 feet; thence South 280 19 ' 51" West a
distance of 230. 00 feet; thence North 610 40 ' 09" West a distance
of 220. 00 feet; thence North 280 19 ' 51" East a distance of 230. 00
feet to the TRUE POINT OF BEGINNING.
7b. Title to the above property is retained by the Subdivider.
The Subdivider shall improve such facilities pursuant to City
approved construction plans and, upon completion of such improve-
ments, the City shall be permitted to enter upon such property and
maintain such facilities in such a manner that the City sees fit
until such written release is issued; provided, however, that the
Subdivider agrees to indemnify and hold the City harmless from any
liability which may occur as a result of the existence and use of
the facilities or their maintenance .
7c . The Subdivider shall not commence any backfilling operation
of the temporary facilities unless the Public Works Director so
authorizes in writing. The Subdivider agrees that the City may
deny issuance of any building permit relating to such property
until the City issues its written release.
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7d. No written release shall issue unless the City Engineer
is satisfied that all temporary facilities have been backfilled
and compacted properly and all temporary drainage structures , such
as inlets , outlets, pipes , and similar structures, have been plugged,
removed, and disposed of in accordance with the Standard Specifi-
cations of the City.
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 Specifications 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 of the State
of California, Division of Highways. All of said work and improve-
ments and materials shall be done, performed and installed under
the supervision of and to the satisfaction of the City Engineer
of the City.
9 . Prior to the approval by the Council of the City of
said final map the Subdivider shall furnish to the City:
(a) Performance security in the sum of Two Million Nine
Hundred Twenty-One Thousand Dollars ($2 , 921, 000. 00) , which is
equal to 100% of the total estimated cost of the work required.
Five percent of said amount shall be cash or a certificate
of deposit. All to be conditioned upon the faithful perfor-
mance of this agreement and;
(b) Payment security in the sum of One P4illion Four
Hundred Sixty Thousand Five Hundred Dollars ( $1 , 460 , 500 . 00) ,
which is equal to fifty percent of the total estimated cost
of the work required 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 improvement. Bonds shall be by one or more
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duly authorized corporate sureties subject to the approval
of the City.
(c) On acceptance of the required work, warranty security
shall be furnished to or retained by the City , in the amount of
Twenty Thousand One Hundred Five Dollars ($20 ,105. 00) , for
guarantee and warranty of the work for a period of one 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.
(d) Any and all other improvement security as required
by the Fresno Municipal Code , Section 12-1016 .
(e) As a part of the obligation of the subdivider and
in addition to any and all furnishing for faithful performance
of this agreement, the Subdivider agrees that the City shall be
entitled to costs and reasonable expenses and fees, including
reasonable attorney' s fees which may be incurred in effectively
enforcing the obligation secured.
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 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 subcontractors , while
engaged in the performance of said work.
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