HomeMy WebLinkAboutT-2939 - Agreement/Covenant - 6/28/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this 10 t day of ,
19 78 , by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City" ,
and Quality Homes Construction Company, A Partnership
1616 W. Shaw Avenue, 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
"Hallmark Homes" No. 27 - Tract No. 2939
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 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 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 .
1
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 September 1 ,
19 So 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 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 accordance
with Resolution 68-187 and 78-300 , 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
luminaries shall be in accordance with Resolution
78-300 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 fees and charges shall be
paid.
e. Lot drainage shall be in accordance with Section
13-120. 2905 (f) of the Fresno Municipal Code.
2
f. The Subdivider has deposited with the City the sum of
$70, 634 .66 for the following:
InspectionFees. . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,430. 52
Temporary Drainage Basin Maintenance Fee. . . . . . . . . . . . . . . . . . . $ 1 ,000. 00
Intersection Signing, 11 @ $70 . 00. . . . . . . . . . . . . . . . . . . . . . . . . . $ 770. 00
UGM Traffic Signal Charge, 34 . 11 acres @ $300 . 00. . . . . . . . . . . $10 ,233. 00
Traffic Regulatory Signing, 19 @ $35. 00 ea. . . . . . . . . . . . . . . . . $ 665. 00
Street Trees, 118 @ $25. 00 ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 , 950 . 00
Sewer Trench Water Compaction Charge, 5471 C.Y. @ $0. 04 . . . . $ 218 . 84
Frontage Road Island Landscaping Fee, 906 L.F. @ $4 . 00. . . . . $ 3 ,624 . 00
Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11 ,971. 54
Oversize Fee, 41.1 AC @ $180 . 00. . . . . . . . . . . . $ 7 , 398 . 00
Lateral Charge, 421. 28 L.F. @ $10. 00. . . . . . . $ 4 , 212.80 -
Plan Review Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 360. 74
Major Facilities Fee to be Paid at Time
of Development. . . . . . . . . . . . . . . . . . . . . . . . $ -0-
Oversize Credits. . . . . . . . . . . . . . . . . . . . . . . . . . . $ -0-
Total Sewer Fees $11,971 . 54
Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 ,184 . 26
Fire Hydrant Charge, 10,333 . 2 S.F.
@ $0.75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . $ 7,749. 90
RE51&CA **- (tri• •4W
Wet Tie Charge, 1 - 8" @ $860. 00 . . . . . . . . . . $ 860 . 00
Water Const. Charge, 93 Lots @ $1 . 25 ea. . . . $ 116. 25
Trans. Grid Main Charge, 41.1 AC
@ $375. 00 ea. . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,412. 50
Plan Review Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 455.11
UGM Well Dev. Charge, 41.1 AC @ $355. 00 . . . . $14 , 590. 50
Total Water Fees $39,184 . 26
(10) w�� - s
J
W Cir .
PPti N� -l-*�r^��•�
tents. . . . . . . . . . $19, 223. 40
"' . . . . . . . . . . . . . . $15,412. 50 ($15 ,412. 50)
�E �,KcnTA� . . . . . . . . . . . . . . $ 3,810 . 90
�. Z f plF D+w- . . . . . . . . . . . . . . $ 3 ,810. 90
. . . . . . . . . . . . . $ 2 ,700.00
Total . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70 ,634 . 66
2A
g. Any temporary 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.
h. Perform and construct all work shown on the attached
plans , City of Fresno Standard Drawings No. 10-C-3664
through 10-C-3671 and 15-C-3979 through 15-C-3986, unless
specifically omitted herein.
2B
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 allocates the South 145 feet of the
East 150 feet of Lot 94 for use as temporary facilities to
alleviate the flooding and drainage problem 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 portion of lot from such use. The Subdivider
shall improve such facilities pursuant to City approved con-
struction plans and, upon completion of such improvements, the _
City is permitted to enter such portion of lot and shall maintain
such facilities until such written release is issued.
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 lot until
the City issues its written release.
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
3
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.
3A
9 . Prior to the approval by the Council of the City of said
final map the Subdivider shall:
(a. ) In lieu of any bond or bonds otherwise required,
deposit with First American Title Company of Fresno
a responsible escrow agent,
the sum of Seven Hundred Sixteen Thousand Two Hundred Fifty
Dollars ( $716 ,250. 00 ) (which sum is equal to 150
percent of the total estimated cost of the work and improvement)
to insure the faithful performance of this agreement and 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 that
certain document entitled "Escrow Instructions" executed by
the parties hereto and said escrow agent and hereby made a
part of this agreement. As part of the obligation of the
Subdivider and in addition to any and all security furnished
for the faithful performance of this agreement, the Subdivide;-
agrees that the City shall be entitled to costs and reasonable
expenses and fees , including reasonable attorney' s fees ,
which may be incurred in successfully enforcing the
obligation secured,
10. On adceptance of the required work, warranty security
shall be furnished to or retained by the City, in the amount of
Seven Thousand Seven Hundred Seventy Five ($7 ,775. 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. The warranty security shall
be returned to the Subdivider, less any amount required to be
used for fulfillment of the warranty one year after final acceptance
of the Subdivision improvement.
4
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.
5
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 and shall
' + maintain a valid policy of workers' compensation insurance for
the duration of the period of construction.
5A
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.
6
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 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
7
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 RESNO, a Municipal Corporation
ATTEST: By �� I 7
Publi W s Director
SUBDI I R• UALITY HOMES CONSTRUCTION COMPANY,
a partnership
STATE OF CALIFORNIA his torney 1a•c a
t � F-
COUNTY of Fresno as' i s or
V On September 8, 1978before me, the undersigned, a Notary Public in and for '4^
said State, personally appeared TSVBDIVIDER
s Leo A. Cetti is Attorney in Fact
known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of
John Mortillaro, Anthony Giannetta and
Carlo Cetti
c ar,,r�s,cr.�rr.�
12 and acknowledged that he subscribed the name of
John Mortillaro, Anthony Giannetta & RMy
OFFICIAL SEAL
5 Carlo Cetti LINDA J. FATIUS
Notary Public, California
Principal Office In
thereto as principal , and h i s Fresno county
own name as Attorney in Fact. . Expires July 11, 1982
t WITNESS my
�L ��I.
Signature
t,d)
e 19
Name(Typed or Printed) (This area for official notarial seal)
s
ADDENDUM TO SUBDIVISION AGREEMENT
FOR TRACT NO. 2939
In further consideration of the approval of Tract
No. 2939, it is mutually agreed and understood by and between
the Subdivider and the City, and the Subdivider and City do
hereby mutually agree as follows :
1. The Subdivider shall acquire all rights and interests
in all private irrigation facilities, easements , or ditches
existing upon the proposed subdivision prior to final
acceptance of any subdivision improvements. In lieu of
acquisition, the Subdivider shall make provisions acceptable
to the City of Fresno, to insure and warrant such rights and
interests will not interfere or conflict with any street,
highway, public place, or public easement dedicated for
public purposes as a condition of the acceptance and approval
of Tract Map No. 2939.-
DATE: nm 10 , Q 7 S CITY OF FRESNO
a Muni c ' al cor oration
BY
t Ass Public VOKs Director
1
SUBDIVIDER:
QUALITY HOMES CONSTRUCTION COMPANY
a P nership
DATE: -
eo A.1 Cetti
DATE:
.0 o ti by Leo A Cetti s ttorney in
DATE: , , i✓ Z' - c.D rht-�CIa
ohn Mor illar . Leo A Cetti h1 Attorney
DATE: 'jZ r A1C ��CC! fit "Z
Ant ny Giannetta eo A. Cett! hiS-Attor
in Fe
ATTEST:
JACQUELINE L. RYL`E, City Clerk
BY J U
Deputy
APPROVE S TO FORM:
JAMES KELVEY, ty Attorney
BY
eputy
DCH:rt
9-26-78
i _
7
. i
V
ADDENDUM TO SUBDIVISION AGREEMENT
FOR TRACT NO. 2939
RECITALS
A. The Subdivider is obligated, pursuant to Section
11-226 of the Fresno Municipal Code, to pay certain Major
Street fees prior to the approval of a subdivision map.
B. The Subdivider may be relieved of the obligation to
pay such fees through Section 11-214 of the Fresno Municipal
Code.
C. ' The Subdivider desires to be relieved of such obligation
and, pursuant to Section 12-214 of the Fresno Municipal Code
has filed a timely appeal of the Public Works Director denial
of such relief.
AGREEMENT
In further consideration of the approval of Tract No. 2939,
it is mutually agreed and understood by and between the
Subdivider and the City, and the Subdivider and City do hereby
mutually agree as follows :
1. The subdivider shall pay Major Street fees as required
in Section 12-226 of the Fresno Municipal Code in the amount of
Thirty Six Thousand, Eight Hundred Thirty-Eight Dollars, and
Eighty Cents ($36,838.80) expressly reserving the right, pursuant
to Section 11-214 of the Fresno Municipal Code, to seek and
obtain relief from such obligation.
2. The City shall hear the Subdivider's appeal pursuant
to the procedures contained in Section 12-214 of the Fresno
Municipal Code. In the event the Subdivider' s appeal is granted
- 1 --
within sixty (60) days of the filing of the appeal, the
City shall refund all or a portion of such Major Street
fees as may be required consistent with such appeal decision.
DATE: CITY OF FRESNO
a munici 1 corporation
By / ZS-7
/fir Public Wo s Director
SUBDIVIDER:
QUALI HOMES CONSTRUCTION COMPANY
a P ership'
DATE: `J ��Zg
-rle,,a,
Leo A. etti
DATE: C&d'f /
a to Cetti
DATE:
John illatId
"
DATE: / 4 IL r &
((( Anth y iannet. A�ta cJ1,
As S .:
By
GelG�s C�{••�LlF��O `�
APPROVED AS TO FORM:
vi AM
1 Y
.iW E OF CALIFORNIA
!,'LIWY OF FRESNO
" n
On this J day of D���G - 19 7 before me, the
L"' I�rsigned, a Notary Public in and for said State, residing therein, duly commissioned
_ I
e-1 sworn, personal ly appeared �yA eC7T1 2,650 W �gr7y
I
614AIA1,C-1T14-
k��vn to me to be the authorized agent of the partners of the partnership that executed
,1Irr L%i thi n i nstri..r.ent , and acknowledged to me that such partnership executed the same .
IN UITNESS WHERE,)F, I have hereunto set my hand and affixed my official seal at my office
it said County, the day and year in this certificate first above written.
OFFICIAL SEAL
/ RICHARD G. HABIB
NOTARY PUBLIC - CALIFORNIA
•� FRESNO COUN;Y
RICHARD G. HABIB
( My c3mm. expires OCT 27, 1979 Notary P U b 1 i C
=aLw,«aZZr...,eAR37ak for the State of Cali1urI1ia with
... 1 .. 1 .,r!' _- . ._ r .- .. r-�....
prom -"Akmwpwpw-
CASHIER'S MEMO
DEPARTMENT OF FINANCE
�. �• 0 P A /1l •
,,. ■S L l V lr
.��PAID INTO THE DEPARTMENT OF FINANCE AS FOI.Lows-*
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1 i.KMI STG 9 - _ FOS.