HomeMy WebLinkAboutT-2821 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this F Ute- day of
I91, by and between the City of Fresno, a Municipal Corproation, hereinafter
designated and called the "City" , and VARIANT INVESTMENTS, INC. ,P.O. BOX 8636,
San Marino, California 91108, hereinafter designated and called the
"Subdivider" .
RECITALS
1 . The subdivider has presented to the City two certain final maps
of proposed subdivisions of land located within the corporate limits of the
City, and known and described as Tract No. 2771 , "Parkwood" an Tract No. 2821 ,
"Parkwood No. 2", copies of which maps are attached to and madea part of this
agreement, and said Subdevider has requested the City to accept the dedications
delineated and shown on said maps for the use and purposes specified thereon,
and to otherwise approve said maps in order that the same may be recorded,
as required by law.
2. The City requires, as a condition precendent to the acceptance
and approval of said maps, the dedication of such streets , highways and public
places and easements as are delineated and shown on said maps , and deems
the same as necessary for the public use, and also requires that any and all
stre delineated and shown on said maps 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 agreement 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.
f
% g. Perform and construct all )ork shown on the attached
plans, (Drawings Nos. 10-C-3523 thru 3533, 10-C-3584
thru 3590, 15-C-3834 thru_3857, l�_L_3H3_thru_3B1?_,
and water job nos. 3110-A and 3139.
h. A protion 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 plan 10-C-3525A 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. Specifications for the
procurements of the deep well turbine pump and companion
equipment shall be approved by the Director of Public Works
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.
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 Depart-
ment.
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.
The water supply well with the intertie to the City's grid
main in North First Street at East Alluvial Avenue shall
have sufficient capacity to provide the tracts with domestic
flow of five (5) gallons per minute per service , plus fire
flow.
Adjustment of various fees , charges , credits and refunds for
the above mentioned revision shall be mutually agreed on
between the Subdivider and the City.
i . The Subdivider shall obtain and dedicate to the City or
the Fresno Irrigation District at the City' s option, a
fifteen-foot perpetual and exclusive easement and right-of-
way for the Fresno Irrigation District's Slavonian No. 120
Ditch for the construction, installation, operation ,
maintenance, repair and reconstruction of a pipeline or
pipelines , with the right to flow and conduct water through
said pipelines , across , over, through, and under the real
property lying on the east side of and adjacent to the
North First Street right-of-way from the center line of
Nees Avenue to a point located approximately 1 ,143 feet
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north of the center line of Alluvial Avenue, This easement
and right-of-way shall be free and clear of liens and
encumberances and the Subdivider agrees to indenmify the
City and hold the City harmless from and a(lainst any loss,
liability, attorney's fees, or expense incurred by the City
resulting from .the presence of any such lien or encumberance.
The Subdivider agrees to allow the City to commence to
acquire this easement through the lawful exercise of its
Power of Eminent Domain for all portions of the easement
nr.)'k dedicated to the City or the Fresno Irrigation District
within ninety (90) days of the execution of this agreement.
The Subdivider shall pay the costs incurred by the City
in the acquisition of this easement. These costs shall
include acquisition costs, attorney 's fees , appraisal fees ,
court costs, and all related expenditures .
j . The subdivider shall obtain and dedicate to the City or
the Fresno Irrigation District at the option of the City,
an easement and right-of-way forty feet wide over, upon,
and under the intersection of Nees Avenue and North First
Street for the purpose of constructing, installing,
maintaining, and operating a pipeline, pipelines , and other
conduits to flow and conduct water over, across, and under
said intersection through said pipes , pipelines, and
conduits. The real property upon which said easement and
rights-of-way shall be located is situated in the County of
Fresno, State of California, and is more particularly
described in attached Exhibit "A". The Subdivider shall
also obtain and dedicate to the City and the Fresno
Irrigation district all rights convenient or incidental
to said easement and right-of-way including the right of
ingress to and egress from said easement and right-of-way.
The Subdivider agrees to allow the City to commence to
acquire this easement through the lawful exercise of its
power of eminent domain for all portions of the easement and
right-of-way not dedicated to the City and the Fresno
Irrigation District within ninety (90) days of the execution
of this agreement. The Subdivider shall pay the costs
incurred by the City in the acquisition of this easement
and right-of-way. These costs shall include aquisition
costs , attorney's fees , appraisal fees , court fees , and all
related expenditures. .
k. 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.
1 . The Subdivider has deposited with the City cash in the amount
of $76,000.00. 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 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 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 .
A partial release of the security posted by the Subdivider
for street easements adjacent to school sites within the
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• Clovis Unified School District will be made upon delivery
to the City of properly executed, recorded and valid deeds
of Easement.
m. The Subdivider .shall perform the installation of all sewer,
water and street improvements , including service extensions .
required under the UGM Process , for TRACT N0. 2771 AND
TRACT N0. 2821 as a coordinated effort, such that completion
of ALL improvements coincides with the completion date as
stipulated in Paragraph No. 4, Sheet No. 2 of this Agreement.
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(1) Rai 1 road Crossing Protec'Lio�i Equipment $ 19,2.71 .25 '•
2 Inspection Fees. .$ 42,335.33
(3) Intersection Signing; 31 0 $70.00. . . . . . . .S 2,240.00
(4) Traffic Regulatory Signingg 13 @ $35.00. . . . .S 455.00
(5) Street Trees; 349 @ $10.00 . . . . . . . . . . .S 3,490.00
(6) Sewer Trench Water Compaction Charge;
20,125 c.y. @ $0.04 . . . . . . . . . . . .$ 805.00
(7) U.G.M. Fire Station Fees . . . . . . . . $ 23,543.00
(8) Median Island Landscaping Fee;
1 ,313 l .f. @ $4.00. . . . . . . . . . . . .$ 5,252.00
(9) Sanitary Sewer Fees. . . . . . . . . . . . . . .$ 27,227.02
a . Lateral Charge, . . . . . . .
879.89 l .f. @ $5.00. . . . 5 4,399.45
1 ,889.68 l .f. @ $10.00 . .$18,896.80
b. Oversize Fee,
90.84 Ac. @ $180.00. . . . $16,351 .20
C. Plan Review Fee . . . . . . . .$ 1 ,023. 57
d. Major Facilities Fee, ( to be
paid at time of
development) . . . . . . .5 -0-
P0,671 .02
Oversize Credit . . . . . . . .$13,444.00
$27,227.02
(10) Water Charges. . . . . . . . . . . . . . . . . .$ 75,691 .47
a. Fire Hydrant Charge,
2,529,140 s.f. @ $.0075. .$18,968. 55
b. Water Construction Charge,
333 Lots @ $1 .25 . . . . .$ 416.25
C. Transmission Grid Main Charge,
90.84 Ac. @ $375.00. . . .$34,065.00
d. Water Well Supply Charge;
90.84 Ac. @ $185.00. .$16,805.40
e. "Wet-Tie" Charges . . . . . . .$ 4,130.00
f. Plan Review Fee,. . . . . . . .$ 1 ,306.27
$75,691 .47
( 11) Water Credits/Reimbursements
a. Transmission Grid Main
Credits/Reimbursements
Total Credits $71 ,601 .80
Present Credits $34 ,065.00 (34,065.00)
Sub-total $37,536.86
u - Jap Reimbursement Due Upon Completion
of Water Main Installation $ 9,000.00
Future Reimbursements In
Accordance with FMC Section
14-107.1 (d)(2) $28,536.80
�- — b. Well Credits/Reimbursements
13VEstimated Well Cost* $70,000.00
Present Well Fee Credit $16,805.40 (16,805.40)
Future Reimbursement in Accordance
With FMC Section 14-107. 1 (d) (2)
$53,194.60
C. Fire Hydrant Reimbursements (Future)
26 Each @ $300.00 $ 7,800.00
Total Fees and Charges $149,439.67
*Actual Reimbursement to be Determined by Audit
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