HomeMy WebLinkAboutT-3011 - Agreement/Covenant - 6/22/2006 (2) SUBDIVISION AGREEMENT
THIS AGREEMENT is made this day of ,
dO19 , by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City
"Sunrise Unlimited" , a joint venture of Golden Valley,
and _Inc. , a California Corporation and Financial Scene
Incorporated, a California Corporation, 2134 North Fine,
Fresno , California, 93727
(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. 3011 - Phase II
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 .
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 December 31
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 14.
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 underground.
The subdivider' s attention is directed to the in-
stallation of street lights in accordance with
Resolution No. 68-187 and Resolution No. 78-522.
The subdivider shall construct a complete under-
ground street light system as approved by the
Traffic Engineer prior to final acceptance of the
subdivision. height, type, spacing, etc. of stan-
dards 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.
ti. 2
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. Perform and construct all work shown on the attached
plans. City of Fresno Drawing Nos. 10-C-4068 through
10-C-4072 and 15-C-4527 through 15-C-4530 , unless
specifically omitted herein.
h. The subdivider has deposited with the City the sum of
$32, 952 . 20 for the following:
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 , 596. 9
2 . Intersection Signing, 8 @ $70. 00 . . . . . . . . . . . . . . . $ 560. 0
3. Traffic Regulatory Signing, 6 @ $35 .00 . . . . . . . . . $ 210. 0
4 . Street Trees , 99 @ $25 . 00. . . . . . . . . . . . . . . . . . . . . . $ 2 ,475. 0
5. Sewer Trench Water Compaction Charge,
3 , 525 C.Y. @ $0. 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 141. 0
6. U.G.M. Traffic Signal Charge,
21. 38 AC. @ $300.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,414. 0
7 . Engineering Plan Review Fee. . . . . . . . . . . . . . . . . . . . $ 548. 2
8 . Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3, 857 .4
a. Oversize, 21.43 AC.
@ $180. 00 . . . . . . . . . . . . . . . . . . $ 3,857 .40
b. Major Facilities fee is to be paid
at time of development.
9. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $13 ,149. 5
a. Fire Hydrant,
477 , 645 S.F. @ $. 0075. . . . . . $ 3,582 .34
b. Transmission Grid Main,
13. 85 AC. @ $375. 00 . . . . . . . . $ 5,193 .75
C. U.G.M. Well Development,
(Area 136) , 13 .85 AC.
@ $310 . 00 . . . . . . . . . . . . . . . . . . $ 4, 293. 50
d. Water Construction,
64 Lots @ $1.25. . . . . . . . . . . . $ 80 .00
Total Water Charges . . . . . . . . $13 ,149 . 59
TOTAL FEES AND CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . $32 , 952.
7. Subdivider has paid to the City of Fresno, in accordance
with Article 13, Chapter 13 of the Fresno Municipal Code, the re-
quired fee to defray the costs of constructing planned local drain-
age 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
3
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
accordance 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.
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
Eighty-nine Thousand Eight Hundred Dollars ($289, 800. 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, or an acceptable instrument of
credit. All to be conditioned upon the faithful performance
of this agreement, and;
(b) Payment security in the sum of One Hundred Forty-
four Thousand Nine Hundred Dollars ($144 , 900. 00) , which is
equal to fifty percent of the total estimated cost of the
work required to secure payment to all contractors and sub-
contractors 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.
(c) On acceptance of the required work, warranty
security shall be furnished to or retained by the City, in
the amount of Five Thousand Eight Hundred Ninety-eight
Dollars ($5 , 898. 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.
4
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, including
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 subdivision 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 sub-
division 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 lia-
bility, howsoever same may be caused, either directly or in-
directly made or suffered by the subdivider, the subdivider ' s
agents , employees and subcontractors, while engaged in the per-
formance of said work.
The subdivider agrees that the use for any purpose and by
any person of any and all of the streets and improvements herein-
before 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 Fresno
Municipal Code Sections 12-1016 (a) and 12-1016 (d) .
5
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:
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 of asphalt
concrete pavement) within tracts.
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.
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. 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.
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
6
requirements , shall be reordered by the City of Fresno from
the same testing laboratory. Billing for the required retests
shall be made directly to the subdivider or his agent for pay-
ment. Compaction test for water facilities installed 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 all other Codes of the
City.
16. It shall be the responsibility of the subdivider to
coordinate all work done by his contractors and subcontractors ,
such as scheduling the sequence of operations and the determi-
nation 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 subdivider 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. 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 unsuitable materials may
be rejected, not withstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the
Engineer or Inspector and accepted.
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 be-
fore release of security, or final acceptance of completed work.
7
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
sufficient 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 subdivider
to comply with the provisions of this paragraph forthwith. Such
notice may be personally served upon the subdivider, or, if the
subdivider is not an individual , upon any person who has signed
this agreement on behalf of the subdivider, or, at the election
of the City Engineer , such notice may be mailed to the sub-
divider 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 thereafter 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 sub-
divider agrees to pay to City, forthwith upon receipt of billing
therefor , the entire cost to the City of such sprinkling or
oiling. When the surfacing on any existing street is disturbed,
this surfacing shall be replaced with temporary or permanent sur-
facing within 14 calendar days and the roadway shall be main-
tained in a safe and passable condition at all times between
the commencement and final completion and adequate dust control
shall be maintained during these operations.
8
i
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 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
TATE OF CALIFORNIA )
c ) SS.
001TY OF Fresno )
On March 21 ,
1980 before me, the undersigned, a Notary Public in and
:or said County and State, personal y appeared Robert M. Balzhiser known to me to be thl
nt of GOLDEN VALLEY , INC. , the corporation that executed the within instru-
ment and known to me to be one of the persons who executed the within instrument on behalf of
;aid corporation, said corporation being known to me to be one of the joint venturers of
SUNRISE UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me
that such corporation executed the same, both for itself and as such joint venturer and that suc�
joint venture executed the same.
STATE OF CALIFORNIA SS.
COUNTY OF SAN DIEGO )
On march 25, 1980 before me, the undersigned, a Notary Public
known
ally appeared J3Yd le N. Khoury
in an for sai ounty an tate, person
to me to be the Asst. Secretary of GOLDEN VALLEY, INC. , the corporation
that executed the within instrument and known to me to be one of the persons who
executed the within instrument on behalf of said corporation, said corporation
being known to me to be one of the joint venturers of SUNRISE LIMITED, the joint
venture that executed the within instrument, and acknowledged to me that such
corporation executed the same, both for itself and as such joint venturer and
that such joint venture executed the same.
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO
On this 25th day of March 19 80, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Gary A. Gram-ling known to me
to be the Vice President, and Patricia R. Hirai known to me
to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation
that executed the within instrument, said persons being known to me to be the persons who
executed the within instrument on behalf of said corporation, said corporation being known
to me to be one of theoint venturers of Sunrise Unlimited
j the joint venture
that executed the within instrument, and acknowledged to me that such corporation executed
the same, both individually and as joint venturer of said joint venture, and that such
joint venture also executed the same.
�2se5242sz52sS�S?S7S:
OFFICIAL SSAL S?57;2525=_'��zs25Sc''.S�S�Sa4�sa40
WITNESS my hand and official seal. _ *.
AIMBER J. GENTRY
/ NOTARY r ..'rORNIA GNi
C -/` /JJJ FRIM P l c IN J
A L.L SAN D;.
M Commission Expires January 11, 1981
• Notaru Public in-and for said Countvrand State, r Y