HomeMy WebLinkAboutT-3094 - Agreement/Covenant - 6/22/2006 • I
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 July 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
installation 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
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.
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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 Drawing Nos.
10-C-3978 through 10-C-3997, 15-C-4427 through
15-C-4447 , Water Job No. 3252 and 3252-A, and
Flood Control Drawing Nos. AJ-2-1 through AJ-2-5) ,
unless specifically omitted herein.
i . A portion of the Subdivider' s water requirements
is to provide a water supply well. The water well
site and its respective transmission grid main
connection to the West Ashlan Avenue transmission
grid main as shown on the attached plans is subject
to revision.
Final selection of well site shall be approved by
the City and will be based on the results of test
borings to be made by the Subdivider.
Subdivider shall prepare and submit to the City
for acceptance, a Grant Deed for said final selected
well site.
Revised construction plans shall be prepared by the
Subdivider indicating the final selectE!d well site
and the subsequent transmission grid main required
to connect the final selected well site.
SPECIFICATIONS :
The pump installation and operation in its entirety
shall be patterned after other City wells. Specifi-
cations for the precurements of the deep well tur-
bine pump and companion equipment shall be approved
by the Public Works Director prior to the advertising
for bids.
The specifications of the pump shall have the follow-
ing limitations :
(a) Maximum horse power = 150
(b) Maximum system pressure = 55 psi
(c) Maximum draw down will be determined by
the specified yield of the well and in
no case will it exceed 20 feet, except
as provided in (e) below.
(d) The water supply well shall have a minimum
capacity of 2, 000 GPM, except as provided
in (e) below.
(e) In the event that the draw down exceeds
20 feet or the minimum capacity is less
than 2, 000 GPM because the particular
circumstances do not lend themselves to
these standards, and not because of im-
proper installation, the City Engineer
may accept other, less stringent specifi-
cations.
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Fire flow shall be determined using the Insurance
Service Office "Guide for Determination of Re-
quired Fire Flow" (1972) or as designated by the
City of Fresno Fire Department.
Adjustment of various fees , charges , credits and
refunds for the above-mentioned revision shall be
mutually agreed on between the Subdivider and the
City.
j . The Subdivider shall be responsible for piping the
Lisenby - West Branch No. 552 Irrigation Canal.
This work shall be done in accordance with construc-
tion plans which are to be submitted to the City
for approval within sixty (60) days from the date
of execution of this agreement. If the required
work is done by some person other than the sub-
divider , but meets the requirements of this agree-
ment, this requirement shall be fulfilled. In the
event said construction plans are not submitted or
approved within the specified time, the City is
hereby authorized to proceed with the design and
installation of the canal piping.
The Subdivider has delivered to the City Bonds or
Time Certificates of Deposit in the amounts of
:$36 , 000 . 00 as security for performance of the work
shown on the plans to be submitted , and $18 ,000 . 00
for security to guarantee payment for labor and
materials .
In the event the Subdivider fails to perform the
work specified above by the completion date as
shown on Sheet Two (2) of this agreement, the City
is hereby authorized to use as much of the above-
mentioned security as is necessary in order to
complete the work.
Should the costs incurred by the City in perform-
ing said work exceed the amounts posted as security
for such work, the Subdivider shall be responsible
for the additional expenses , and shall make pay-
ment to the City upon demand for said additional
expenses.
k. The City shall defer the street improvements and
railroad crossing work on N. Cornelia Avenue re-
quired as a condition of approval of Tentative
Tract Map No. 3094 and UGIT Application No. 63 un-
til such time as a proposed Community Plan Amend-
ment reclassifying Cornelia Avenue from an arterial
street to a lower classification is acted upon by
the Council. The Subdivider shall not subdivide ,
develop, or otherwise improve Outlots A, B, and C
until such time as the City approves such plan
amendment.
The Subdivider, within sixty (60) days of Council
approval of such plan amendment, shall submit
street improvement plans, to be approved by the
City, which will include improvement of N. Cornelia
Avenue and any Council approved railroad crossing
commensurate with the Cornelia Avenue street classi-
fication and configuration approved by the Council.
The Subdivider shall construct all improvements in
accordance with such plans within six months of the
approval of the plans.
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The Subdivider has delivered to the City of Fresno
his promissory note in the amount of $370 , 000 . 00 ,
secured by a deed of trust in Outlots A, B, and C
of this tract, as security for performance of his
obligation required pursuant to this paragraph.
The promissory note and deed of trust shall be in
a form approved by the City Attorney. The City shall
release such promissory note and deed of trust upon
acceptance of Cornelia Avenue and any railroad
crossing work required by the City, and upon com-
pliance with the provisions of the Fresno Municipal
Code relating thereto.
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The Kuhdivider shnIT pay to the My tha nmnunt al,
0118 , 2an for rho purposo of dwAigning PW con3truathn,-j
_�epara ! Lon and related faciliLius , or Dltnruat(_:
facilitino , wL Lnd nLar Wost Anhian hc�"wn snA M.
Sou &ocn Pacific Railroad ar shown in ottached WhiLit "A" .
In tho ovont thn City cstablishes a servica vrea for such
gradu soparaVion and related facilities ani nsWblishos a
fee acoaame , the Subdividcr shall be enAtied to reim--
bursepants , in accordance with proposaa Section 11 -227
of tho FresnD Municipal Code, upon the collection of
$414 , 000 in fees from development within the DOM Grade
SeparaVion Service Area of Ashlan Avenue .
Ite My shall make annual application Wr all appreprOte
sLnte, county, and railroad company grants for L
de:.' gn anK construction of the grade separation PDO
related facilitLes as shown in Exhibit "A" . The City
qhall accept any grant or -combination of grants which
equal or exceed ninoty (90) percent of the total cstimat;W
cost of the design and construction of such graT-,
suparation and facilities . In the evcnt Urants are not
awarded, or the Council determines such giants are
Anqufficient for completion of such grade separotio.i
and facilities , by June 31 , 1983 , the City shall use
N ! f"Wo collecto& within the service arca for the
construcHon of those facilities identified in Exhibit
"A" as "Phaco W and "Phase 2" .
The Onsign, con3truction, and completion schedule of
they gradQ separation and related facilities , or altnrnat%-'
facilities if grant Punas are unavailable or insafficient,
shall be within the sole discretion of the City.
In lieu of a cash payment, the subdivider may daliver
to the City a pQssbook or cerLificate uE QzposiL rapye
scohing funds oD deposit at a bank or savings and loun
association havinoffices in Fresno CDunty, WiVornin,
suhject to withdrawal solely upon the vignakuEe W the
Virector of Public Wozks. Interest 00MCK Ln MY SUCh
account shall be retained by the subdivid2r. The
Dircctor may withdraw funds from such security Oupooit
as and when nocaed, in his discrction, for the Usign
aW construction of the grade separation and rulatod or
alLornate facilitjoy and within 15 days oT such witkarawal ,
shall give the subdiviCar written notice of the wiLh -
drawal and the amount.
1 . The Subdivider has deposited with the City the sum
of $82 , 641. 61 for the following:
1. Inspection fees ; $48 ,088 . 90 less
$44 , 452 . 10 (previously paid) . . . . . . . . . . . . . . . . . . . $ 3 ,636 . 80
2. Intersection signing, 25 @ $70 .00. . . . . . . . . . . . . . $ 1 ,750. 00
3. Traffic regulatory signing, 6 @ $35 . 00. . . . . . . . . $ 210. 00
4 . Street trees , 410 @ $25. 00 . . . . . . . . . . . . . . . . . . . . . $10 ,250. 00
5. Traffic island landscaping fee;
1116 LF. @ $10. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11, 160. 00
6. Sewer trench compaction charge;
12075 CY. @ $. 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 483 . 00
7 . UGM traffic signal charge;
74 . 97 AC. @ $300. 00. . . . . . . . . . . . . . . . . . . . . . . . . . . . $22 ,491 . 00
8, Temporary pond maintenance fee . . . . . . . . . . . . . . . . . $ 4 , 000 . 00
9 . Sanitary sewer fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . $14 ,189 .40
a. Oversize ,
78. 83 AC. @ $180. 00 . . . . . . . . . . $14 , }-89. 40
b. Plan review fee. . . . . . . (previously paid)
C. Major facilities fee to be paid at
time of development
TOTAL SEWER CHARGES . . . . . . . . . . . . . . . $1+-il89. 40
10. Water charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $69 , 181 . 01
a. Fire hydrant charge,
2,479 ,470 SF. @ $0 . 0075. . . . . . $18 ,596 . 03
b. Transmission grid main
charge, 7-2-.16 AC. @ $375. 00 . . $2-7—,0-60A0
C. U.G.I.4. well development
charge, 72 .: 6 AC. @ $310 . 00 . . $22-,-369 � 60
d. Water construction charge ,
315 lots @ $1. 25. . . . . . . . . . . . . $ 393. 75
e. Plan review fee,
$1 , 305 .40 less $543. 77
(previously paid) . . . . . . . . . . . . $ 761. 63
TOTAL WATER CHARGES . . . . . . . . . . . . . . . $69-r-14$1 . 01
11. Water credits/reimbursements
a. Transmission grid main
Total credits. . . . . . . . . . . . $63 ,860 . 40
Present credits. . . . .'. . . . . . . . . $2-7--;060. 00 . . ($27 ,060 . 00
Sub-total . . . . . . . . . . . . . . . . . . . . $34,-90-0 . 40
Reimbursement due Ripon
completion of water main
installation. . . . . . . . . . . . . . . . $ 4 ,500 . 00
Future reimbursements in
accordance with FMC
Section 14-107. 1 (d) (2) . . . . . . . $32 , 300 . 40
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b. Fire hydrant
28 @ $300 . 00 . . . . . . . . . . . . . . . . . $ 8 ,400 . 00
C . Water well
Estimated well cost. . . . . . . . . . $150 ,000 . 00*
Present credit . . . .". . . . . . . . . . . $ 22 ,369 . 60 ($22 , 369 . 50;
Future reimbursement in
accordance with FMC
Section 14 . 107 .01 (d) (2) . . . . . . $127 ,630 . 40*
12. Sanitary sewer credits/reimbursements
a. Oversize
Total credits. . . . . . . . . . . . . . . . $ 5 , 280 . 00
Present credits . . . . . . . . . . . . . . $ 5, 280 . 00 ($ 5 ,280. 00;
TOTAL FEES AND CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . $82 , 641. 61.
* Actual well reimbursements to be determined
by audit.
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.
7a. The Subdivider hereby allocates the area shown as
"Outlot A" on the final map for use as a temporary 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 writ-
ing such property from such use.
7b. Title to the above property is retained by the Sub-
divider . The Subdivider shall improve said facility pursuant to
City approved construction plans and, upon completion of such
improvements, the City shall be permitted to enter upon such
property and maintain said facility in such a manner that the
City sees fit until such written release is issued; provided,
however, that the Subdivider agrees to indemnify and hold the
City harmless from any liability which may occur as .a result of
the existence and use of the facility or its maintenance.
7c. The Subdivider shall not commence any backfilling oper-
ation of the temporary facility unless the Public Works Director
so authorizes in writing. The Subdivider agrees that the City
may deny issuance of any building permit relating to such pro-
perty until the City issues its written release .
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