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Home My WebLink AboutT-3053 - Agreement/Covenant - 6/22/2006 r SUBDIVISION AGREEMENT THIS AGREEMENT is made this X�day of , 19 by and between the City of Fresno, a Municipal Corporation , hereinafter designated and called the "City and The Dakota Company, A General Partnership 4222 W. Alamos, Suite 108 , Fresno, California 93711 (Address of Subdivider) hereinafter designated and called the "Subdivider" . RECITALS 1 . The Subdivider has presented to the City certain final maps of proposed subdivisions of land located within the corporate limits of the City, and known and described as Tract No. 3053 and Tract No. 3124 copies of which maps are 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 maps for the use and purposes specified thereon, and to otherwise approve said maps 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 maps, the dedication of such streets , highways and public places and easements as are delineated and shown on said maps, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said maps 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 maps, and the approval of said maps 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 Subdivider 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 , 1980 , 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 accordance 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. 2905 (f) of the Fresno Municipal Code . 1 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 . Any temporary storm water retention basins con- structed 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-3908 through 10-C-3916 and 15-C-4273 through 15-C-4282 and Water Job No. 3232) , unless specifically omitted herein. i . The Subdivider has deposited with the City the sum `'of $69, 673 .90 for the following : •, 1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . $ 9,337 . 62 • 2 . Intersection Signing, 9 @ $70. 00. : . . . . . . $ " 630. 00 -- 3 . Traffic Regulatory Signing, 21 @✓ $35. 00 . $ 1735 .00 • 4 . Street Trees, 94 @ $25 . 00. . . . . . . . . . . . . . . $ 2, 350. 00 5. Temporary Pond Maintenance Fee. . . . . . . . :. $ 1, 000. 00 6. Sewer Trench Water Compaction Charge, 4575 CY @ $. 04 . . . . . . . . . . . . . . . . . . . . . . . . . . $ /183.00 , 7. Traffic island Landscaping Fees (L.S. ) . . $ 7 ,784 . 00 8 . U.G.M. Fire Station Fee (Station No. 2) 28 .1749 AC @ $121. 00. . . . . . . . . . . . . . . . . . . . $ 3 ,409. 16 9. U. G.M. Traffic Signal Charge: 27. 35 AC @ $300. 00. . . . . . . . . . . . . . . . . . . . . . $ 8 ,205. 00 10. U.G.M. Major Street Charge (Zone E-5) 27 . 35 AC @ $180.00. . . . . . . . . . . . . . . . . . . . . . $ 4 ,923. 00 ;J 11. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . $ 964 .80 a. Oversize, 5. 36 AC @ $180. 00. . . . . . . . . . . $ 964 . 80 � J NOTE: Major Facilities Sewer Fee Shall be Paid at Time of Development 12. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . $40,843.57 a. -, Frontage Charge, 340. 16 LF @ $3.75:. . . . . . . . . $1275 .60i.'' 612 . 02 LF @ $1. 875. . . . . . . . . $1147 .54 ` b. Fire Hydrant 903, 982. 00 SF @ $. 0075. . . . . . . . . . . . . . . $6779.87 �F C. Transmission Grid Main J 28 . 51 AC @ $375. 00. . $10,691.25-'�- �. d. U.G.P . Well Develop- ment, 28.51 AC @ $280. 00. . . . . . . . . . . . . . . $7982 . 80 '� e. Tap Charge, 5 Each @ $300. 00. . . . . . . . . . . . $1500. 00 • ,/f. Water Construction, 74 Lots @ $1. 25. . . . . . . . . . $ 92 . 50 �- "Wet-Tie" Charges. . . . . $6450. 00 �. Work by City Forces. . . $4924 . 01 Total Water Charges. $40 ,843 . 57 13 . Water Credits/Reimbursements a. Transmission Grid Main Credits/Reimburse- ments Total Credits. . . . . . . $18 , 419. 60 '� Present Credits. . . . . $10, 691 . 25:'. $ (10 ,691. 25) Sub-Total. . . . . . . . $ 7 , 728 . 35 Reimbursement Due Upon Completion of Water Main Installa- tion. . . . . . . . . . . . . . . . $ 4, 500. 00 Future Reimburse- ments in Accordance With Fresno Municipal Code Section 14-107 . 1 (d) (2) . . . . . $ 3 , 228 . 35 _ •b. Fire Hydrant Reim- bursements (Future) __6 Each @ $300. 00. . . . $ 1800. 00 Total Fees and Charges . . . . . . . . . . . . $69 ,673. 90 j . Wet-Ties shall be in accordance with B-Job No. 3232. 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 deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. 7 . Subdivider has paid to the City of Fresno, in accordance 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 hereby allocates Lot No. 13 of Tract No. 3124 for use as a temporary ponding facility to alleviate the flooding and drainage problems anticipated to be caused by this subdivision and its improvements until such time as the City, through its Public Works Director, releases in writing said lot from such use. 2A