HomeMy WebLinkAboutT-2943 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this 3rd.day of
19A() _, by and between the City of Fresno, a Municipal
-Corporation, hereinafter designated and called the "City" ,
and THE WOODLANDS COMPANY, a General Partnership
1255 West 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
Tract No. 2943 - "Woodland"
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
%..ith the City whereby Subdivider agrees to do, perform and
complete the work and matters hereinafter in the agreement
r..entioned 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 .
APPROVED Y CITY Ntj Ctl
19 77
JA .RYLE, 'W K
ev
DEPUTY
■
• AGREEIZNT
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 June 30 • ,
N
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 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.
The Wet-Tie connection shall be in accordance
with B-Job No. 9131 . she amount indicated as a
Wet-Tie charge is an estimate only and serves
as a deposit to cover the estimated cost of
construction. Should the actual construction
cost be greater than the deposit, the subdivider
shall be billed for the difference and shall be
directly responsible for immediate payment.
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• 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.
f. Perform and construct all work shown on the attached
plans. (Drawing Nos. 10-C-4079 through 10-C-4081
and Water Job No. 3271, .15-C-4609 through 15-C-4612
and 15-C-4612 (A) & 15-C-4612 (B) , and Flood Control
Drawing Nos. AE-11-1 through AE-11-3) , unless speci-
fically omitted herein.
g. The Subdivider has deposited with the City the sum of
r the following:
CM =Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 ,234 . 25
2. Intersection Signing, . 2 @ $70.00. . . . . . . . . . . $ 140. 00
3. Traffic Regulatory Signing, 4 @ $35. 00. - . . . $ 140. 00
4 . Street Trees ; 18 @ $25.00. . . . . . . . . . . . . . . . . . $ 450. 00
5. Neighborhood Park CapitalFee (Area #6) ,
1. 62 AC. @ $3,382. 00. . . . • . . . . $ 5, 478. 84
� Q 6. Sewer Trench Water•Compaction•Charge: • . • • •
750 C.Y. @ $0. 04 . . . $ 30. 00
l 7. U.G.M. Traffic *Signal Charge,
1. 62 AC. @ $300. 00. . . . . . . . . . . . . . . . . . . . . . . . . $ 486. 00
V 8. U.G.M. Major Street Charge; (Zone "C" ) ,
1. 62 AC. @ $855. 00. . . . . . . . . . . . . . ... . . . . . . . $ 1, 385.10
9. Plan Review Fee (Streets) . . . . . . . . . . . . . . . . . . $ 571. 47
t'Vv
10. . Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . .$ 473. 36
a. Oversize, 1. 62 AC.
@ $235. 00. . . . . . . . . . . . .. . . $ 380. 70
b. Plan Review Fee. . . . . . . . . $ 92. 66
(NOTE: Major Facilities
Fee is to be Paid at Time
of Development)
Total Sewer Charges.-: . . . . . . . . .$ 473. 36
11. Water Charges. . . . . . . . . .. . . . . . • .. . . . . . . . . . . . 3, 623. 34
a. Fire Hydrant Charge
52,502 SF. @ $0.0075. . . . . $ 393. 76
b. Trans. Grid Main
1. 62 Gross @ $375.00. . . . .$ 607 . 50
C. U.G.M. Well Development Charge
(Service Area No. 11A)
1. 62 Gross @ $280. 00. . . . . $ 453. 60
d. Water Construction Charge
8 Lots @ $1. 25. . . . . . . . . . . $ 10. 00
e. "Wet-Tie" Charge. . . . . . . . . $1,950. 00
(B-Job No. 9131)
2A
j
f. Plan Review Fee. . . . . . ... . . $ 208. 48
Total Water Charges. . . . . . $3, 623 . 34
12. Water Credits/Reimbursements
a, Trans. Grid Main
S
Upon
,System. r. . . . . . . . . . . . . ,
b. Fire Hydrant (Upon Com-
pletion of Suter system) .
1 Ea. @ $300:00. . . . . . . . . . $ 300. 00
TOTAL FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . . .
Zv�0/2. 3�
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.
B. 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.
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
Twenty Thousand------------Dollars ($220,000. 00 ) ,
which is equal to 100% of the total estimated cost of the .
work required. Five percent of said amount shall be cash
or a certificate of deposit. All to be conditioned upon
the faithful performance of this agreement and;
(b) Payment security in the sum of One Hundred Ten
Thousand-----------------Dollars ($ 110, 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.
(c) On acceptance of the required work , warranty security
shall be furnished to or retained by the City, in the amount c
Five Thousand Two Hundred---------------------------Dollars
($5 , 200. 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, in-
cluding 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 sub-
division of said land covered by this agreement, or any part
• thereof. The Subdivider hereby releases and agrees to indem-
nify 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 Subdi-
vider' 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, and for
one year thereafter. This obligation shall be secured by the
security posted pursuant to the provisions of the Fresno
Municipal Code , Sections 12-1016 (a) and 12-1016(d) .
11 . Certificates of Occupancy shall be issued by the
Building Official in accordance with the Fresno City Municipal
Code.
In any case, no Certificate of Occupancy shall be issued
until all of each of the following improvements have been con-
structed or installed to the satisfaction of the Engineer:
4A
a. Water and Sewer Systems (within Tracts) .
b. Water and Sewer Systems (UGM extensions) .
C, Storm Drain Facilities.
d. Temporary or permanent drainage pond.
e. Streets (including finish surface or asphalt
concrete pavement) within Tracts.
The issuance of any occupancy permits by the City for
dwellings located within said subdivision shall not be con-
strued in any manner to constitute an acceptance and approval
of any or all of the streets and improvements in said subdivision.
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. This obliga-
tion shall be secured as provided for in Paragraph 9 (c) of this
Agreement.
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• 13. 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 o= 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.
3
SA
14 . 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.
15. The Subdivider shall comply with Street, Plumbing,
Building, Electrical, Zoning Codes and any other Codes of the
City.
16. 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.
17. 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.
I:-.y 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.
r
• 18. 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.
19, 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
T,-,ay , 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, forthx•:ith upon receipt
of billing therefore , the entire cost to the City of such
s_rinhling or oiling . then 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.
20. 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.
21. 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
j the streets and alleys before starting the street and alley
surfacing.
22. 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.
23. 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.
f CITY OF FRESNO, a Municipal Corporate
ATTEST: By
Publ •c !,- s Director
JACQULINE RYLE
7.
CITY C
BY: SUBDIVIDER:
Deputy
THE WOODLANDS COMPANY, a General
Partnership
P PPROVED AS TO FORM: "` BY: PACIFIC LAND GROUP, INC. ,
JP.ASES A. McKELVEY a California corporation
City Atto Managing General Partner
By
By.
Title i n
ad Spr,F. enc President
By
• Carl Motschiedler, Secreta
*Attach Notary acknowledgment
8
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.
20. 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.
21 . 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 alley
TO 446 C (5.79)
(Corporation as a Partner of a Partnership) Oro TITLE INSURANCE
AND TRUST
TO 446 C (5.79) I�3 the
(Corporation as a Partner of a Partnership) Sri
TITLE INSURANCE
AND TRUST .\
STATE OF CALIFORNIA l ATICOR COMPANY '� hereto,
COUNTY OF Fresno } SS.
On October 3, 1980 before me,the undersigned, a Notary Public in and for \
Isaid State, personally appeared ��G}lx'4� • pG7acF' known to me to be the ty or
aPresident, and
W hole or
_ Qaqpp& Paci fi,C_ Tand GrCH 1p, Tnc the corporation that executed
fr the within instrument and known to me tc be the persons who
L executed the within instrument on behalf of said corporation. )f the City.
said corporation being known to me to be one of the partners of
a �wla.wwwwww.w..............a' _
The Woodlands Conroany the partnership OFFICIAL SEAL
that executed the within instrument, and acknowledged to me ; ky and
that such corporation executed the same as such partner and It LINDA K. SALCEDO
that such partnership executed the same. Notory Public, Cotlforrna
FRESNO COUNTY
WITNESS my and ffi 'alaAe� • My Commission Expires Oct.25,19831
Signature �as....www.................a
gal Corporation
Linda K. Salcedo
Name (Typed or Printed)
(This area for official notarial seat
PublAc' !,W,7sDirector
JACQULINE
CITY C
BY: SUBDIVIDER:
Deputy
THE WOODLANDS COMPANY, a General
Partnership
PPPROVED AS TO FORM: BY: PACIFIC LAND GROUP, INC. ,
JAMIES A. McY.£LV£Y a California corporation
City A t t o Managing General Partner
By
I By
Title i and F. Spens r, President
By ' . r
Carl Motschiedler, Secretary
*Attach Notary acknowledgment
8