HomeMy WebLinkAboutT-2904 - Agreement/Covenant - 6/28/2006 r—
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SUBDIVISION AGREEMENT
THIS AGREEMENT is made this ;L7 day ofQ�/�/1TPSE�
19311 by and between the City of Fresno , a Municipal
Corporation, hereinafter designated and called the "City
and _ FIRST SAVINGS AND LOAN ASSOCIATION
_ 1515 E. 'Shaw Avenue; 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. 2904
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 . ity 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 Decemher 11
1980 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 under-
ground. 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 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 . 2905 (f) of the Fresno Municipal Code.
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� . Any tomporary storm water retention basins
constructed 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 .
g. perform and construct all work shown on the
attached plans . (City of Fresno standard
Drawing Nos . 15-C-4322 through 15-C-4328 and
storm drainage plan Nos. CN-8-1 and 2) , unless
specifically omitted herein.
h. The subdivider has deposited with the City the
sum of $20 , 847 . 18 for the following :
1 . Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . $ 8 , 596 . 19
2 . Intersection Signing , 6 @ $70. 00. . . . . . $ 420 . 00
3. Traffic Regulatory Signing,
2 @ $35. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70 . 00
4 . Street Trees, 62 @ $25. 00. . . . . . . . . . . . . $ 1 , 550 . 00
5 . Temporary Basin Maintenance Fee. . . . . . . $ 11000. 00
6 . U .G.M. Traffic Signal Charge;
14 . 17 AC. @ $300. 00 . . . . . . . . . . . . . . . . . . . $ 4 , 251 . 00
7. U.G.M. Fire Station Fee; (Station #13)
14. 5882 AC . @ $340 . 00 . . . . . . . . . . . . . . . . . $ 4 , 959 . 99
TOTAL FEES & CHARGES. . . . . . . . . . . . . . . . . . $20 , 847 . 18
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 Lots 1 , 2 and 3 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 Lots from such
use.
7b. Title to the above-mentioned lots is retained by the
subdivider. The subdivider shall. improve such facilities pur-
suant to City approved construction plans and, upon completion
of such improvements, the City shall be permitted to enter upon
such Lots and maintain such facilities in such a manner that the
City seas fit until such written release is i_ssueca; pro%,ided ,
�ubdi_vider agrees to indem-�i__' cunei hole 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 Lots until the City issues its written release.
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
Specifications 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 accor-
dance 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.
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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 two hundred sixty-
two thousand three hundred Dollars ($ 262 , 300. 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 ofone hundred thirty-one
thousand one hundred fiftlgollars ($ 131 , 150. 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 .
(c) On acceptance of the required work , warranty security
shall be furnished to or retained by the City, in the amount of
five thousand six hundred twenty-three Dollars
($ 5 , 623 . 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 .
C. Dedication of the site for the future inlet
and drainage line.
DATED this uay of QV�{ 1979 .
ATTEST: CITY OF FRESNO, a municipal
corporation
JACQUELINE L. RYLE,
City Clerk
o By
By Direc Of is Works
Deputy 62 q
APPROVED AS TO FORM: SUBDIVIDER
JAMES A. McKELVEY FIRST AVICA
By ASSOCIATII
City Attorney
'
Ti C
By
putt' B
Title '
STA`E OF CALIFORNIA,
i SS.
COi NTY OF F-resno
ON —AIavember ?7 1979
before me, the undersigned, a Notary Public in and for said State, personally appeared
Donald D_ Dauer nd_ C:ol i s R_ Sahel ine
, known to me to be the
Executive Vice President and Senior Vice President
of the First Savings and Loan Association
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named-, and acknowledged
PAM PIZARROto me that such Corporation executed the same.
. . NOTARY PUBLIC-CALIFORNIA ___ ____Pam Pizarro
PRINCIPAL OFFICE IN _
FRESNO COUNTY WITNESS my hand and official seal.
My Commission Expires Apr.19.1983
Notary Public in and for said State.
orpora ion— o co s Form 222—Rev. 3.64
11/26/79
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