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Home My WebLink AboutT-3016 - Agreement/Covenant - 6/21/2006 t SUBDIVISION AGREEMENT t� THIS AGREEMENT is made this Z day of , 19616 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City and GUARANTEE SAVINGS AND LOAN, a California Corporation (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. 3016, San Joaquin Estates - II (uGm No_ 73 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 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 . APPROVED BY CITY COUNCIL 19 '---- PK By , Z SOL�� % CITY ��/'� DEPUTY AGRCECIFNT 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 August 31 19 81 , to the satisfaction of the Director of Public [,;orks 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 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. 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. 2 f. Any temporary ponding basins constructed or en- larged to serve this Tract shall be fenced in accor- dance with City Standards within seven (7) days from the time said basins become operational , or as directed by the Engineer . 9. Perform and construct all work shown on the attached plans. (City Standard Drawing Nos. 15-C-4632 through 15-C-4644 , 10-C-4099 through 10-C-4102, Water Job No. 3274 , Right of Way Drawing 15-A-4265, Storm Drain Drawings AC-A-1 and AC-A-2) , unless specifically omitted herein. h. The subdivider shall submit to the City plans for a traffic signal at Herndon and Brawley Avenues within 90 days following final map approval. i. The Subdivider has deposited with the City the sum of $211, 289. 06 for the following : 1. Inspection Fees - $16 , 762. 32 minus $5, 813 .23 previously paid. . . . . . . . . . . . . . . . . . . . $ 10, 945. 10 2 . Intersection Signing, 4 @ $70. 00. . . . . . . . . . . . . $ 280 . 00 3. Traffic Regulatory Signing, 16 @ $35 . 00. . . . . . $ 560 . 00 4 . Street Trees, 86 @ $25 . 00. . . . . . . . . . . . . . . . . . . . $ 2, 150. 00 5. Sewer Trench Water Compaction Charge, 3, 450 C.Y. @ $. 04/C.Y. . . . . . . . . . . . . . . . . . . . . . . . $ 138 . 00 6. U.G.M. Fire Station Fee. . . . . . . . . . . . . . . . . . . . . . $ 5 , 237 . 60 7. U.G.M. Neighborhood Park Fee; Area 6 . . . . . . . . . $ 80,729 . 30 8 . U.G.P . Right-of-Way Acquisition Charge. . . . . . . $ 95 , 000. 00 U. t Fee, '� � rte- @ s2 7 9 n n -If . . . . ... . 10. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . $ 4, 731 . 10 a. Lateral , 829. 43 LF @ $5. 00/LF. . . . . . . . . . . . . . . . . . $ 4 , 462 . 15 b. Plan Review Fee. . . . . . . . . . . . . $ 268 . 95 (Note : Major Facilities Fee is to be Paid at Time of Development) Total Sewer Charges. . . . . . . . . . . . . $ 4 ,731. 10 11. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11, 517 . 96 a. Fire Hydrant Charge 84 , 368 SF @ $1. 25. . . . . . . . . . . $10 , 546 . 04 516, 470 SF @ $ . 75 . . . . . . . . . . . $ 3, 873 . 45 Less $6 , 345 . 25 paid with Tract No. 2777 . . . . . . . . . . . . . . $ 8 , 074 . 26 b. "Wet-Tie" Charge. . . . . . . . . . . . $ 3,152 . 00 (B-Job No. 9148) C . Plan Review Fee . . . . . . . . . . . $ 291. 70 Total Water Charges. . . . . . . . . . . . . $11, 517 . 96 2A 12. Credits/Reimbursements a. Major Street Construction Credit. . . . . . . . . . . . . . . . . . . . . . $23 , 347. 00 Present ered±t Major- Street -Fee . . . . . . . . . . . . . . . . . . . . . . . Future Reimbursement. . . . . . . . b. Water Credits (Future) Fire Hydrants,, 5 Ea. @ $300 . 00 Ea. . . . . . . . . . $ 1 , 500. 00 TOTAL FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . $211, 289 . 0( j . Wet-Ties shall be in accordance with B-Job No. 9148. The amounts indicated as "Wet-Tie Charges" are esti- mates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the subdivider shall be refunded the difference. Should the actual con- struction cost be greater than the deposit, the sub- divider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. k. The Subdivider shall obtain and dedicate to the City all easements required for street purposes which the Subdivider acquires in the next 90 days from the date of execution of this Agreement. The Subdivider agrees to allow the City to commence to acquire the necessary easements through the lawful exercise of its Power of Eminent Domain after expiration of the 90 day time period mentioned above. 1. The Subdivider has deposited with the City cash in the amount of $95 , 000 . 00. Such sum shall be security to pay the City the full cost to acquire all necessary easements, including: Attorney' s fees, appraisal fees, court costs and related expenditures, through the law- ful exercise of the City' s Power of Eminent Domain. Such security shall be cash or immediately convertible to cash whenever, if necessary, the City commences to exercise its Power of Eminent Domain. If such sum is less than the actual full cost to acquire all necessary right-of-way, the Subdivider shall remit to the City the difference within 15 days of the mailing to the Subdivider of an itemized list of such costs . If such sum exceeds the actual full cost to acquire the sub- ject right-of-way, the City shall refund the difference as soon as the City determines the amount of such excess. 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. 2B M I: M O P A N D U M � Finance Depar. tmenL FILE NO. 7363 SROM Engineerinq Division DATE 8-1-80 Attached is a check in the amount of $ 211 , 289 . 06 for the following : Please deposit funds in the accounts that are listed below UGM ONLY SUBDIVISIONS SUBDIVISION NAME TRACT NO. 3016 DEVELOPERS NAME: Guarantee Saviligs and Loan DEVELOPERS ADDRESS : 1177 Fulton Mall, Fresno, Ca . 93721 AMOUNT ACCOUMT NUMBER Inso�ction Fees $ 10 , 945 . 10 10000-4230 . 3122 Trees r $ 2 , 150 . 00 10000-3050 -3118 Signs $ 840 . 00 10000-4310 -3118 Water Compaction Sewer Chg. $ 138 . 00 52000-4710 -3304 UGM Oversize Sewer Chg. AREA $ Sewer Connection Chg. (Lateral) $ 4I 462 .15 54400 -4000 -3305 Sewer Major Facilities Chg. $ 54400 -4000 -3305 -Sewer Plan Review Fee $ 268 - 95 54000 4950 3121 Landscaping Fees $ 71330 3000 0000 Water Construction Chg. $ 52000 4710-3304 Water Frontage Chg . $ 52200-4000-3305 Water Service Connection Chg_ . $ 52200-4000-3305 (Tap) UGM Fire .Sattion Fee - Station #2 5 , 237 . 60 74007-4000-0000 UGM Water Trans Grid AREA Water Fire Hydrant Fees $ 8 , 074 . 26 52200-4000-3305 Water Main Connection Chg. $ 3 , 152 .00 ' 52903-1690-0000 (Wet Ties - B Job # 9148 Water Engineering Fee $ 2'91„70 52200-4000-3120 (Phan Check) Ponding Site Plaintenance $ 73040-4000-0000 UGM Well Development AREA $ UGM Major Streets ZONE $ .s FsX UGM Grade Separation Fee $ 42802-4000-4-96+ Engineer Review of Street If Improvement Plans $ 10000-4210-3119 Waiver, Deviation, & Time Ext . $ 10000-4210-3110 Misc. Paving $ 25300-4000-3450 UGM Neighborhood Park Fee; Area 6 80 , 729 . 30 _74016-4000-0000 UGM Right-of-Way Acquisition Chg . 95 , 000 . 00 74031-4000-0000 z i Rev. 7-2-80