HomeMy WebLinkAboutT-2955 - Agreement/Covenant - 6/22/2006 St1I3nTVTSION AC.REEMEN T
THIN AGREEMi'N`I' i - m,-Ide this day of. ?� ,
1921, by and between the City of Fresno , a Municipal
Corporation , hereinafter designated and called the "City" ,
and _ Leo Wilsom_S;Q —Inc .
1233 W. Shaw Avenue , Suite 105
PrPsnn _ Califnrni ) 917L-'L-
(Address
37 _ (Address of Subdivider)
hereinafter desi(,nated 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
_-_Trart_No_ 2955 — _ --- —
a copy of which map is attached to and made a part of this
agreemE-nt , and said Subdivider has requested the City to
accept tie dedications delineated and shown on said map for
the use and purp,-)ses 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
st:-eets, , highways and public places and easements as are
de:_ine� ted and shown on said map , and dc-ems the same as
necessary for the public use , and also requires that any and
all stre,2ts delineated and shown on said, map shall be improved
by the construction and the installation of the improvements
he--einjifter spec-' _`i(-d .
3. Section 12-101. 2 of the Municipal Code of the City
of Fresno requirc,s the :subdivider to enter into this agreement
wi +=h the City whcrehy uhdivider actrees to do , perform and
complete the work and ;llat_ters hereinafter in the agreement
mentioned and set forth in detail , within the time hereinafter
mentioned , in cot;aidor.+t i ()n of the acceptance of the offers
of dedication by the City of Fresno .
APPRO)�L. ► GUU►.�:.
19
JACQUELINE
9JACQUELINE L RYLE,CITY--C4RK
By-
DEPUTY
AGRT EW:',NT
In consider ion of thc� acceptance of th,_� offers of
dedication of tho strot -t :; , highways , pub i.c w-i\,.,; , easements
and facilities a., shown and delineated on sail map , and the
approval of said reap 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 dc) hereby mutually agree as follows :
i 4 . The Subdivider shall perform the work and improve-
ments hereinafter specified on or before December 31
1981 , to the -atisfaction of the Director of Public Works
of the City.
5 . The work and improvements , more specifically shown
on the attached plans and made a pert 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 wor}: and improvements are as follows :
a . Construct all landmark: , monuments and lot corners
required to locate land divisions shown on the
Final flap.
b. All utility systems shall k>e installed underground .
The subdivider ' s attention is directed to the
ins'allation of street lights in accordance with
Res�)Iution No . 68-187 and Resolution No. 78-522 .
The subdivider shall construct a complete under-
groand street light system as approved by the
Trz.iffic Lngineer prior to final acceptance of the
sub,iivision. IIeight, type, spacing , etc . of
sta:cdards and luminaires sha,.l be in accordance
wit',1 Resolution No. 78--522 and shall be approved
by the City Traffic Engineer.
C . Vv7ater main e:-tensions and :services shall be pro-
vided in accordance with applicable provisions
of Chapter 14 , Article 1 of the Fresno Municipal
Coce and all applicable charges shall apply.
d . Sanitary �;ewur extensions and services shell be
provided in accordance with applicable provisions
of Chapter 9 , Article 5 of the Fresno Municipal
Code and all applicable charges shall apply.
e . bot. shall be :in accordance with Section
13- 1.20 . 2905 ( f) of the Fresno Municipal Code.
2
1.1 . Water Credits/Reimbursements . . . . . . . . . ( $ 44 , 317 . 30 )
a . Transmission Grid Blain
Total Credits . . . . . . . $44 , 317 . 80
Present Credits . . . . . $44 , 317 . 80
b. Fire Hydrant Reimbursements
30 EA. @ $300 . 00 . . . . $ 9, 000. 00 (Future)
TOTAL FEES AND CHARGIS. . . . . . . . . . . . . . . . $322, 672 . 95
h. Wet-Ties shall be in accordance with B-Job No. 8973 .
The amounts indicated above as Wet-Tie Charges are
estimates only and serve as a deposit to cover the
estimated cost of construction. Should the actual
cost of construction be less than the estimate ,
the subdivider shall be refunded the excess. Should
the actual construction cost be greater than the
doposit , the subdivider shall be billed by the City
of Fresno for the difference and shall be directly
responsible for payment.
2 I;
f . Perform and construct all work shown on the
attached plans . 10-C-3934 through 10-C-3959
(water ,lob No. 3191 ) , 15-C-4359 through
15-C-4392 , FPIFCD Drawing Nos. DG-1-1 through
DG-1-10 , unless specifically omitted herein.
y . The subdivider has deposited with the City the
sura of $322 , 672 . 95 for the following :
1 . Inspection Fees . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51 , 203 .
2 . Intersection Signing, 32 @ $70 . 00 . . . . . . . . $ 2 , 240 . :,
3 . Traffic Regulatory Signing , 25 @ $35 . 00 . 3 815 . h,
4 . Street Trees , 516 @ $25 . 00 . . . . . . . . . . . . . . . $ 12 , 900 . 0'
5 . Sewer Trench Water Compaction Charge ,
13 , 300 C .Y . @ $0 . 04 . . . . . . . . . . . . . . . . . . . . . . $ 532 . 5,
6 . U .G.11. Traffic Signal Charge;
157 . 03 AC. @ $300 . 00 . . . . . . . . . . . . . . . . . . . . . $ 47 ,199 . 0
7 . U.G .M. Major Street Charge; (Zone D-2 )
157 . 03 AC . @ $270 . 00 = $42 , 398 . 10
less credit of $38 , 977 . 80 . . . . . . . . . . . . . . . . $ 3 , 420 . 31.
8 . U .G.11. Fire Station Fee; (Station No. 2)
155 . 9772 AC @ $121 . 00 . . . . . . . . . . . . $ 18 , 873 . ..
Se e- A/o 4—1 61 G M. f'a•-kF
9 . Sanitary Sewer Fees . . . . . . . . . . . . . . . . . . . . . . $ 41 , 1 8 . .
a. Oversize, 157 . 03 AC. @ $180 . 00. . . $23 , 255 . 40
b. Lateral , 1190 . 08 LF. @ $10 . 00 . . . . $11 , 990 . 80
302 .00 LF. @ $5 . 00 . . . . . . $ 1 , 510 . 00
C. Plan Review. . . . . . . . . . . . . . . . . . . . . . $ 1 , 106 . 10
Major Facilities Fee Shall Be
Paid As Each Lot Is Developed
Oversize Credit
10" , 852 LF. @ $2 . 00 . . . . . . . . . - $ 1 ,704 . 00
Total Sewer Charges . . . . . . . . . . . . . . $41 , 168. 30
10 . Plater Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . $188 , 09 . ..
a . Frontage
1140. 9 LF . @ $1 . F75 . . . . . . $ 2 ,701 .69
1280 LF. @ $3 . 75 . . . . . . . . . $ 4 , 800 . 00
b. Fire Hydrant Charge
5 , 536 , 019 SF. @ $00 . 75 . . . $ 41 ,520 . 14
C . Trans . Grid Main
157 . 03 AC . @ $375 . 00 . . . . . $ 58 , 886 . 25
d . U.C.M. Well Development Charge
145 . 40 AC. @ $410 .00 . . . . . $ 59 , 614 . 00
11 . 63 AC. @ $530 . 00 . . . . . . $ 6 , 163 . 90
e . Tap Charge
12 - 1 " @ $300. 00 . . . . . . . . $ 3 ,600 . 00
f . Water Construction Charge
360 Lots @ $1 . 25 . . . . . . . . . $ 450 . 00
q . "Wet-Tie" Charge. . . . . . . . . $ 10 ,000 . 00
h. flan Review Fee . . . . . . . . . . $ 933 . 20
Total Water Chargos. . . . . . $188 , 669 . 18
IVA Tac/- /ee c d P-*- � 4 Moe, l6 ' /971
2A
7 . Subdivic:cr ha Maid to the City of Fresno , in accor-
dance with Artic] c 13 , Chapter 13 of the Fresno Municipal. Code ,
the recruired fee to defray the costs of constructing planned
local drainage fl:cilities for the removal of surface and
storm waters from the subdivision .
8. It is acareed that the City shall inspect all work .
Ali of the work and improvements and materials shall be done ,
performed and in: t.alled in strict accordance with the approved
construc-_ion plans for said work on file in the Office of
the City Engineer of the City and the Standard Specifica-
tions cf the Cit; , 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
th<<t the same shall be done and performed in accordance with
thc• standards and spec_ fications of the State of California ,
Division of Iiighways . All of said work and improvements and
materials shall be done , performed and installed under the
supervis._on of ani to the satisfaction of the City Engineer
of the C:.ty ..
3
9 . Prior to the approval by the Council of said final map
the subdivider shall :
(a) Furnish to the City approved performance security
in the sum of $2 , 393 , 050 . 00 , or more, (which sum is equal to
95 percent, or more, of the estimated cost of the work and improve-
ment) to insure the faithful performance of this Agreement. Said
security shall be in the following forms and amounts:
(1) Instruments of credit totaling $1 ,170 ,000. 00;
(2) Assigned performance bond in the amount of
$1, 245, 308 .00.
(b) Furnish to the City payment security in the sum of
$1,259 , 000. 00, or more, (which is equal to 50 percent, or more , of
the total estimated cost of the work and improvement) 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. Said security shall be
in the following forms and amounts:
(1) Assigned labor and materials bond in the
amount of $1, 245 ,308 . 00;
(2) An instrument of credit in the amount of
$15, 000 . 00 .
(c) Deliver to the City cash or a certificate of deposit
in the amount of $125, 950. 00 (which sum is equal to 5 percent of
the estimated cost of the work and improvement) pursuant to the
provisions of Fresno Municipal Code Section 12-1016 (b) .
(d) On acceptance of the required work, warranty
security shall be furnished to or retained by, the City, in the
amount of $18 , 095 . 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 accor-
dance with Section 12-1016 of the Fresno Municipal Code, said
warranty security shall be in the form of cash or a certificat
of deposit.
4
11 . The city :Miall not be liable to the Subdivider cr
to any other parson , firm or corporation whatsoever , for any
inju:-y or damaJ.e that may result to any person or property
by o from any cause whatsoever in , or. or about the sub-
divi:;ion of said land covered by this agreement , or any part
:hereof. The i.bdivider hereby releases and agrees to ince.nnlfy
.and Nave the C ,.y harmless from and against any and all ir. juri.es
:.o and deaths (,f persons , and all claims , demands , costs , 1 Z)s:s ,
damage and liai>i lity , howsoever same may be caused , result.incy
directly or indirectly from the performance of any or all work
Lo be done in ,!iid upon the street rights of way in said subdivision
and upon the p~emises adjacent thereto pursuant to this agreement,
-ind ilso from ,:).1 injuries to and deaths of persons , and all
=lairns , demand: , costs loss , damage ar.d liability , howsoever !-,am --
.nay
,am :.nay be caused , dither directly or indirectly made or suffered
Dy the Subdivider, the Subdivider ' s agents , employees and
subcontractors , while engaged in the performance of said work.
rhe Subdivider further agrees that the use for any purpose and
Dy any person c>1: any and all of the streets and improvements
iereinbefore s;)c!cified , shall be at the sole and exclusive risk
�Df the Subdivider at all times prior to final acceptance by
the City of th(. completed street and other improvements thereon
and therein.
12 . 'he -ibdi.vider shall remedy any defective work or Libor
.-)r anv defe:ctiv�.: materials and pay for any damage to other work
resu Lting thur(21 rum '„'bleb shall occur within a period of one
Year from the date o1 acceptance of the, work.
13 . Pio o .:�:upancy permit shall be issued until an approved
"all. weather" ..treat frontage and access is constructed. The
issuance of any occupancy permits by the City for dwellings
located within said :,ubdivision shall not be construed in any
:Wanner to constitute an acceptance and approval of any or all
of the streets and improvements in said suLdivision .
5
14 . The Su:)divid er and his subcontractors shall pay
-for any materials , pro%,isions , 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 clue under the Unemployment Insurance Act of
the State of California, with respect to such work or labor ,
an3 shall file with the City pursuant to Section 3800 of the
Labor Ccde , a certificate of workers ' compensation and shall_
maintain a valid policy of workers ' compensation insurance for
the duration of the period of construction.
5A
Initi ,; ' coml ;ict ion and soil tests for street , sewer , orator
anc3 other work 4: i hi n t he publ i c rictht of way shal l be ordered
by and raid for th(- Ci Ly of Fresno. Sewer , water and utility
trench tests sh.i ! he taken in varyin<t .locations and depths
as req ii red by t ,,c, I;ngineor . Compaction testas failing to meet
the City ' s requi roment .> , shall be reordered t>y the City of
Fresno from the ;ame testing laboratory . Billing for the re-
quired retests s;,.ill he mace directly to the Subdivider or his
agent for payment. . Compaction test for water facilities in-
stalled by the Ci '=y of Fresno shall be paid for by the City
of Fresno .
16 , The Su;)) Iivider shall comply w-.th Street , Plumbing ,
Building , Electrical , Toning Codes and any other Codes of the
City.
17 , It shaLl be the responsibility of the Subidivder to
coordinate all work done by his contract=ors and subcontractors ,
such as scheduling the sequence of operations and the deter-
mination of liability if one operation delays another. In
no case shall re.)resen*atives of the City of Fresno be placed
in the position ()t making decisions that are the responsibility
of the Subdivider . It small further be the responsibility of
th, Su.-)divider to give the Engineer written notice not less
thin t,..ro (2) wor;,ing days in advance of the actual date on
which ..;ork is to be started . Failure on the part of the Sub-
divide -
ub-divide - to notii,., the Engineer may cause delay for which the
Suadiv-(i( r shall lie so.iely responsible .
Whenever the Subdivider varieE the period during
which work is carried on each day , he sl-.all c-ive due notice
to the Engineer :•o that proper inspection may be provided.
An / wo:-k done in the absence of the Engineer will be subject
to rejection . Tl,e inspection of the work shall not relieve
thc� Subdivider of any of his obligation_ to fulfill the agreement
as pre:>cribed. D(-fective work shall be made good , and un-
suitable materia : :, may ho rejected , notwithstanding the fact
that such, defective work and unsuitable materials have been
provi ous i y the Enq ineer or Inspector and accepted .
1 9 . Any d.-,ma(le 1 :� the sower syste n, water system,
concrt to work , :,trcet_ l>aviny or any wor'. required by this
-1,irecr. ent that c;ccuirs :,ftur installation shall be made clood to
the sat_i sfact ion of the City Enclineer b�• the subdivider
before , elease c� :- bond , or final acrept,,nce of completed work .
20 . Adequ,� i ,, dust control shall be maintained by the
Subdivider on al ! streets within and without the subdivision
on which work is. required to be done unCer t}-.is a(lreement , frori
th , time work is ' first commenced in the subdivision until the
paving of the streets is completed . "Ac'eduate dust control " ,
as used herein , ::'call mean the sprinklii a of the streets with
water , or the la,:- ung of a dust coat of cil thereon , with sul-fi -
ciont 'requency to prevent the scattering of dust , by wind or
th- ac'-ivity of vi,hiclos and equipment , on tc any street area
or private property adjacent to the subdivision . Whenevcr, in
the opinion of thc. City Engineer , adequate dust control is riot
being maintained on any street or streets as required by this
pa -agr;iph , the C l y Enclineer shall sive notice to the
divider to oomph., with the provisions of this paragraph forth-
wii_h . Such notice may be personally served upon the Suh-
divider , or , if t}-.c Sufi)divider is not an individual , upon any
person w.-Io has signed this agreement on behalf of the Su�D-
divide,- , or , at Ire el,_ ction of the Cite Engineer , such notic,-�
ma,.- be mailed to the :.',,;uciivider at -his address on file with the
City Er.c inner. 24 hours after such personal servi :�e
of sucl notice o : .,iithln 48 hours after the mailincl thereof
as herein provi d. d , t h- "iihdivider shall not: have coinmen,-ed
to maintain adequ:,te dust control or shall at any time there-
after fail to mair;t_.,in idcquato dust control , the City Engineer
may , without further notice of any kind , cause any such street
or streets to be �-prinl:loci or oiled , as he may deem advisable
to eliminate the scat-t-orincl of dust , by equipment and personnel
of the C._ty or h%, contract as the City Engineer shall determine ,
am t.hr :,uhdivid ► , ► to pray to City , forthwith upon receipt
of hil l i nq thorel ore , t 1w onti re cost to the City of such
sprinkling or of 1 i n(7 . 1.hen the surfacing on any existing
7
street is disturbed, --his 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
aid house connections together with water mains , gas mains and
t.ieir respective service connections shall be completed in
tie streets and alleys before starting the street and alley
s-rfacing.
:.3 . Time is of the essence of this agreement, and the
same shall bind and inure to the benefit of the parties hereto,
t:ieir 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 .
'!'ha parties= have executed this agreement on the day and
year first above written.
CITY OF FRESNO, a unicipal Corpora-.i:-)r.
,
A'"TEST: By —
Publ7_11jo
-_ _ irector
J? CnULIrIi; L. )2Yi�i�..
CI T1' CLI:RK
BY : �- SUBDIVIDER:
�^ DerT)uty
T.RCI WTT.q( INC_
_ v ; - ----
AI'PROVED AS TO (Title )
Th ML C T xR.-.r/r+t[ire•,
(Corporation)
STATE OF CALIFORNIA [VIDER
COUNTY OF
Fresno } SS.
On Oct. 22 , 1979 before me, the undersigned, a Notary Public in and for said
State, personally appeared Leo A. Wilson
w known to me to he the President, and
a
W ktimrn–ttr tnr tube–T––––––––––--Secretary of the corporation that executed the within Instrument,
X known to me to be the persons who executed the within
W Imtrument on behalf of the corporation therein named, and
a acknowledged to me that such corporation executed the within r
I instrument pursuant to its by-laws or a resolution of its board ( –
Of directors. 1 •tom OFFICIAL Sr -— l
IWITNESS my hand and official seal. ; jt--� ROuq� Ar '
Ar� Psi,L1E'- E'{oass it
Signature__J! Lel—\ f P0"AlIrP` C
Moor ('Type(l or Printed)
OFC - 2ir:,,