HomeMy WebLinkAboutT-2840 - Agreement/Covenant - 6/21/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this day of
196), by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City
and Westcal, Inc.
4228 N. Cedar; Fresno, California 93726
(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. 2840 (UGM No. 40) "Brentwood Estates - 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
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 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 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 .
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 August 31
19 82 to the satisfaction of the Director of Public Works
sof 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 12 .
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 under-
ground. The Subdivider' s attention is directed
to the installation of street lights in accor-
dance with Resolution No. 68-187 and Resolution
No. 78-522. The Subdivider shall construct a
complete underground 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. 7012 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-4178
through 10-C-4193 , Water Job No. 3308 , 15-C-4717
through 15-C-4734 , FMFCD Storm Drain Plans BO-2-1,
BO-2-2 , BO-1-1 through BO-1-5 and FID Pipeline Plans
for Tract No. 2840) , unless specifically omitted
herein.
i. Construction of a water well to serve Water Well
Service Area No. 308 is required. Said well can
be within or without the service area. Water quality
from the well shall be acceptable to the City of
Fresno. Final selection of the water well site shall
be approved by the City and will be based on the re-
sults of the test borings and water quality tests to
be furnished to the City by the developer. The water
well site dedication and construction of its respec-
tive transmission grid main connection to the East
Belmont Avenue grid main is required.
SPECIFICATIONS :
The pump installation and operation in its entirety
shall be patterned after other City wells. Specifi-
cations for the precurements 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 follow-
ing 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 2 , 000 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.
j . Subdivider shall be responsible for the cost of in-
stalling landscaping and irrigation system for
Outlot C (Floodway) . The cost is not to exceed
$121 ,587 ($10. 856 per acre x 11. 2 acres) with a
yearly inflation factor added to the maximum cost,
said inflation factor to be established using
California Construction Cost Index. The turfing
and irrigation system shall be installed when build-
ing permits for the final phase of the development
are secured by the developer, or at the end of three
years from the recording of the first phase of the
final map, whichever comes first.
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k. The Subdivider has deposited with the City the sum
of $172 ,691.47 for the following:
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37 ,200.34
2. Intersection Signing, 20 @ $70. 00. . . . . . . . . . . . $ 1,400. 00
3. Traffic Regulatory Signing, 22 @ $35 . 00. . . . . . $ 770. 00
4 . Street Trees, 256 @ $36 . 00. . . . . . . . . . . . . . . . . . . $ 9 ,216. 00
5. Traffic Island Landscaping Fee, 1,844 L.F.
@ $10. 00/L.F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18 ,440. 00
6. U.G.M. Traffic Signal Charge; (Zone D-1)
82. 74 AC. @ $300/AC. . . . . . . . . . . . . . . . . . . . . . . . . . $ 24 ,822. 00
7. Plan Review Fee (Streets) . . . . . . . . . . . . . . . . . . . . $ 2,716 . 38
8. U.G.M. Fire Station Fee; (Service Area #15)
41. 96 AC. @ $614/AC. . . . . . . . . . . . . . . . . . . . . . . . . . $ 25, 763. 44
9. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12, 964 . 93
a. Oversize, 68. 43 AC. -
@ $180/AC. . . . . . . . . . . . . . . . . . . . $12 ,317 .40
b. Plan Review Fee. . . . . . . . . . . . . . $ 647 . 53
(Note : Major Facilities Fee
is to be Paid at Time of Development)
Total Sewer Charges. . . . . . . . . . . . . . $12 , 964. 93
10. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77 , 486. 23
a. Frontage
Fowler Avenue
1016 . 43 LF @ $3.75. . . . . . . . . . . $ 3, 811. 61
Sunnyside Avenue
959. 51 LF @ $3. 75 . . . . . . . . . . . . $ 3,598 . 16
The developer is required to install the
water main in Fowler Avenue when Phase II
of Tract 2840 is developed. Upon comple-
tion of the water main installation, the
City will reimburse the Frontage Charge
for Fowler Avenue of $3,811. 61.
b. Fire Hydrant Charge
1,260014 SF @ $. 0075. . . . . . . . . $ 9 ,450. 11
319572. 5 SF @ $. 0125. . . . . . . . . $ 3, 994 . 66
C. Trans. Grid Main
68. 43 AC @ $375. . . . . . . . . . . . . . $25, 661. 25
d. U.G.M. Well Development Charge
(Well Service Area No. 30_9'
68 .43 AC @ $440 . . . . . . . . . . . . . . $30,109 . 20
e. Water Construction Charge
169 lots @ $1.25 . . . . . . . . . . . . . $ 211. 25
f. Plan Review Fee. . . . . . . . . . . . . . $ 649. 99
Total Water Charges. . . . . . . . . . . . . . $77 ,486 .23
2B
11. Contribution from developer for the
construction, by the City, of a 12-inch
transmission grid main from the inter-
section of Clovis and Olive Avenue to the
intersection of Belmont and Sunnyside
Avenues in lieu of installing a surge tank
and intertying with County Waterworks
District No. 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30, 000. 00
12. Credits/Reimbursement
a. Water Credits/Reimbursements (T.G.M. )
Total Credits. . . . . . . . . . . . . . $28 , 339. 20
Present Credits. . . . . . . . . . . . $25 ,661. 25 ($ 25, 661. 25)
Sub-total. . . . . . . . . . . . . . . . . . $ 2, 677 . 95
(Note : Reimbursement due
upon completion of water
main installation in accor-
dance with FDIC Section
14-107 .1 (d) )
b. Water Well Credits/Reimbursements
Estimated Construction
Cost. . . . . . . . . . . . . . . . . . . . . . $120 , 000. 00
Present Well Credit. . . . . . . $ 30 ,109. 20 ($ 30 ,109. 20)
Future Credits. . . . . . . . . . . . $ 89, 890 . 80
(Note : Future reimburse-
ment in accordance with FMC
Section 14-107 . 1 (d) (2) )
C. Fire Hydrant Reimbursements
(Future)
16 @ $300 EA. . . . . . . . . . . . . . $ 4 ,800. 00
d. Major Street Construction
Future Reimbursement. . . . . . $ 85, 226. 70
e. Sewer Credits/Reimbursements
(Oversize)
Total Credits. . . . . . . . . . . . . $ 13 , 884 . 00
Present Creidts. . . . . . . . . . . $ 12 , 317. 40 ($ 12, 317 . 40
Sub-total. . . . . . . . . . . . . . . . . $ 1 ,566. 60
(Note: Reimbursement due
upon completion of sewer in-
stallation in accordance with
FMC Section 9-503. 2)
TOTAL FEES AND CHARGES. . . . . . . . . . . . . . . . . . . $172, 691.47
2C
7 . Subdivider has paid to the City of Fresno , in accor-
dance with Article 13, Chapter 13 of the Fresno Municipal Code,
the required fee to defray the costs of constructing planned
local drainage facilities for the removal of surface and
storm waters from the subdivision.
8. It is agreed that the City shall inspect all work .
All of the work and improvements and materials shall be done,
performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of
the City Engineer of the City and the Standard Specifica-
tions of the City , which said plans and specifications and
standards are hereby referred to and adopted and made a part
of this agreement. In case there are not any standard
specifications of the City for any of said work, it is agreed
that the same shall be done and performed in accordance with
the standards and specifications of the State of California,
Division of Highways. All of said work and improvements and
materials shall be done , performed and installed under the
supervision of and to the satisfaction of the City Engineer
of the City.
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9 . Prior to the approval by the Council of the City of
said final map the Subdivider shall furnish to the City:
(a) Performance security in the sum of One Million Six
Hundred Twenty Thousand----Dollars ($ 1 , 620, 000. 00 ) ,
which is equal to 1000 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 performance of this agreement and;
(b) Payment security in the sum of Eight Hundred Ten
Thousand----------------Dollars ($ 810 ,000. 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
duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City.
10 . On acceptance of the required work , warranty security
shall be furnished to or retained by the City, in the amount of
Thirteen Thousand Six Hundred-----------------------Dollars
($13,600. 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.
(a) Any and all other improvement security as required
by the Fresno Municipal Code, Section 12-1016 .
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11. 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 sub-
division 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.
The Subdivider further 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 final acceptance by
the City of the completed street and other improvements thereon
and therein.
12. The Subdivider shall remedy any defective work or labor
or any defective materials and pay for any damage to other work
resulting therefrom which shall occur within a period of one
year from the date of acceptance of the work.
13. 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 subdivision.
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14 . 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 of California, with respect to such work or labor,
and shall file with the City pursuant to Section 3800 of the
Labor Code , a certificate of workers ' compensation insurance
for the duration of the period of construction.
14A. Nothwithstanding any other provisions of this
agreement to the contrary, the parties agree as follows with
respect to UGM policies and paybacks and fire hydrant charges:
Should the City adopt a system for providing capital
improvments or for reimbursing UGM fees which differ from
the UGM policies in effect at the time of the execution of
this agreement, such changes may apply to this subdivision as
may be agreed upon at that time.
Charges for fire hydrants made pursuant to Section
14-107 of the Fresno Municipal Code may be modified and
reimbursed if the City amends its water regulations to exempt
land within the "O" Open Space Zoning District from the payment
of such fees.
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15 . 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 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 re-
quired retests shall be made directly to the Subdivider or his
agent for payment. Compaction test for water facilities in-
stalled by the City of Fresno shall be paid for by the City
of Fresno.
16 . The Subdivider shall comply with Street, Plumbing,
Building, Electrical, Zoning Codes and any other Codes of the
City.
17 . It shall be the responsibility of the Subidivder to
coordinate all work done by his contractors and subcontractors ,
such as scheduling the sequence of operations and the deter-
mination 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 Sub-
divider to notify the Engineer may cause delay for which the
Subdivider shall be solely responsible.
18 . 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 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.
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19 . 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_
20 . 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 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
to maintain adequate dust control 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,ttreet
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
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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 con-
dition at all times between the commencement and final com-
pletion and adequate dust control shall be maintained during
these operations .
21. 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.
22 . 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.
23. 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.
24 . 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.
The parties have executed this agreement on the day and
year first above written.
CITY OF FRESNO, a Municipal Corporation
ATTEST: By
Public T,?orks Director
JACOULINE L. RYLE
CITY CLERK
BY: SUBDIVIDER:
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By SUBDIVIDER
Title
*Attach Notary acknowledgment
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,
U . C; .M . SI-PRLE11' FEES
(Stree t-Signal-R-/W
Calc. byc/ZZ'11 W21ecked by DateB/S-BO U .G .M. Appl . No. �D
Project Description ,Yyi ;97 Service Area No._ �Q _
APN ,3_3 /7
Development Entitlements T .2 8-10
Gross acreage : (ref- . Sec. 1.1-201 , 11-226 FMC)
Total Acreage of !.'roject Ac.
Acreage of Adjacent Major Street (s )
Ac.
- Ac.
Ac.
Ac. Less Ac.
Gross Acres Ac.
Fee Calculations ( Ref . Re:; . 78-253) 30 o0
1"Iajor Street Charge: 'Lone-Zn
�8 .6z f
Gross A c. @ $=2_-��Q��� /A c. _ $ - Z z� 339. 80
✓
(Less) Engineers Construction Estimate Credit $ 42 z„-5-6 .-Ty
Note: � If construction credit is greater than street charge , enter zer
Net Major Street Charge = $ -6-
Traffic Signal Charge:
d•DCS/
Gross A c. @ $ A c
(Less) Traffic Signal Construction Credit
Net Traffic Signal Charge = $ 7- 4 82,2. 0 .
Right-of-Way Acquisition Charge (Ref . 11-226 FMC) _ $
see .,R%t'J Cost/Reimbursement Sheet
Total Street Fees Due = $ z 8.2.,Z. OC
Street Construction Credit/Reimbursement Calculation (Attach
sketch, one per street) (Ref. Res . 78-253)
STREET WORK CLASS RATE LENGTH AMOUNT
,ZO1W��-Z r ,BLAM QN T A vc. L6 1,4AIj- � �`'�__Q_P_x -� : LF
x-_ _LF =$ i27D-._G
�Q_X Z4 7 LF =$ 2(9 SSD r�
?70 ---OC
G
Total Eligible Major Street Consttuction Cost $.fD7-sg�`�1
Note: See UGN Street Reimbursement calculation sheet for amount
of reimburseQent due. (Sheet 2) --
•J, 1J '