HomeMy WebLinkAboutT-3095 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this /v — day of
19JI) , by and between the City of Fresno, a Municipal Corporation, here-
inafter designated and called the "City", and Fresno Supreme, Inc. , A California
Corporation, 6615 North Blackstone, Fresno, California 93710
(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 3095, Woodward Industrial Park (UGM 69)
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.
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 Subdivider and the City do hereby mutually
agree as follows:
4. The Subdivideperfor. the work and improvements hereinafter
C, fo�j i, i9Bi
specified on or before y"' - " 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 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 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 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 provided 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.
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 constructed 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
Standard Drawing Nos. 15-C-4651 thru 15-C-4656, 10-C-4084 thru
10-C-4086, Water Job No. 326, and Storm Drain plans DH-2-1 and
DH-2-2) , unless specifically omitted herein.
i. The Subdivider has deposited with the City the sum of $ 113,156.48
for the following
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,782.86
2. Intersection Signing, 4 @ $70.00. . . . . . . . . . . . . . . . . . 280.00
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3. Traffic Regulatory Signing, 2 @ $35.00. . . . . . . . . . . . .$ 70.00
a 4. Street Trees, 74 @ $25.00. . . . . . . . . . . . . . . . . . . . . . . . . . 1,850.00
5. Temporary Pond Maintenance Fee. . . . . . . . . . . . . . . . . . . . . 3,000.00
6. Sewer Trench Water Compaction Charge, 4 ,650 Cy
@ $0.04/Cy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186.00
7. U.G.M. Traffic Signal Charge; (Zone B)
25.04 AC @ $300.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,512.00
8. U.G.M. Major Street Charge; (Zone B)
25.04 AC @ $710.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,778.40
9. U.G.M. Fire Station Fee; (Station No. 2)
25.49 AC @ $1,250.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,862. 50
10. U.G.M. Neighborhood Park Fee
Amount Being Deferred
25.49 AC @ $5 9.00 AC. . . . . .$15,192.04
11. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,284.36
a. Oversize, 25.49 AC
@ $180.00. . . . . . . . . . . . . . . . . . . . . . .$ 4,588.20
b. Lateral, 459.55 LF
@ $5.00. . . . . . . . . . . . . . . . . . . . . . . . .$ 2,297.75
C. Plan Review Fee. . . . . . . . . . . . . . . . .$ 398.41
(Note: Major Facilities Fee is
to be Paid at Time of Development)
Total Sewer Charges. . . . . . . . . . . . . . . . .$ 7,284.36
12. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29,697.31
a. Frontage
459.55 LF @ $1.875. . . . . . . . . . . .$ 861.66
b. Fire Hydrant Charge
949,978 SF @ $0.0125. . . . . . . . . . . 11,874.72
C. Transmission Grid Main
25.49 AC @ $375.00. . . . . . . . . . . . . . 9,558.75
d. U.G.M. Well Development Charge
25.49 AC @ $280.00. . . . . . . . . . . . . . 7,137.20
e. Plan Review Fee. . . . . . . . . . . . . . . . 264.98
Total Water Charges. . . . . . . . . . . . .$ 29,697.31
13. Water Credits/Reimbursements
a. Transmission Grid Main Credits/
Reimbursements
Total Credits. . . . . . . . . . . . . . . . . . .$ 11,410.20
Present Credits. . . . . . . . . . . . . . . . .$ 9,558.75. • • • • • (9,558.75)
Sub-total. . . . . . . . . . . . . . . . . . 1,851.45
Future Reimbursements In
Accordance With Fresno Municipal
Code Section 14-107.1 (d) (2) . . .$ 1,851.45
b. Fire Hydrant Reimbursements
(Future)
6 Each @ $300.00. . . . . . . . . . . . . . . .$ 1,800.00
14. Sanitary Sewer Credits/Reimbursements
a. Sewer Oversize Credit. . . . . . . . . . .$ 6,682.00
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Present Credit. . . . . . . . . . . . . . . . . .$ 4 ,588.20. . . . . . (4,588.20)
Future Reimbursement In
Accordance with Fresno Municipal
Code Section 9-503.2. . . . . . . . . . . .$ 2,093.80
Total Fees and Charges. . . . . . . . . . . . . . . . . . . . . . . 113,156.), -
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 allocates the below described parcels of land for use as
temporary facilities to alleviate the flooding and drainage problem anticipated
to be caused by this subdivision and its improvements until such time as the City,
through its Public Works Director, releases in writing such parcels from such use.
PARCEL 1:
A portion of Parcel "A" of Parcel Map No. 77-42, in the City of Fresno, County
of Fresno, State of California, according to the map thereof recorded in Book
28, Page 83 of Parcel Maps, Fresno County Records, and more particularly
described as follows:
COMMENCING at the Northwest corner of Section 33, Township 12 South, Range 20
East, Mount Diablo Base and Meridian, as said Section is shown on the United
States Government Township Plats; thence South 000 02' 47" West, along the West
line of said Section 33, a distance of 908.65 feet; thence North 890 45' 39"
East, a distance of 901.78 feet; thence South 000 14 ' 21" East, a distance of
32.00 feet to the True Point of Beginning; thence continuing South 000 14' 21"
East, a distance of 84.50 feet; thence North 890 45' 39" East, a distance of
150.00 feet; thence North 000 14' 21" West, a distance of 84.50 feet; thence
South 890 45' 39" West, a distance of 150.00 feet to the TRUE POINT OF
BEGINNING.
PARCEL 2:
A portion of Parcel "A" of Parcel Map No. 77-42, in the City of Fresno, County
of Fresno, State of California, according to the map thereof recorded in Book
28, Page 83 of Parcel Maps, Fresno County Records, and more particularly
described as follows:
COMMENCING at the West Quarter corner of Section 33, Township 12 South, Range
20 East, Mount Diablo Base and Meridian, as said Section is shown on the United
States Government Township Plats; thence North 000 02' 47" East, along the West
line of said Section 33, a distance of 759.77 feet; thence South 890 57' 13"
East, a distance of 447.00 feet to the True Point of Beginning; thence continuing
South 890 57' 13" East, a distance of 160.00 feet; thence North 000 02' 47" East,
a distance of 160.00 feet; thence North 000 02' 47" East, a distance of 177.60
feet; thence North 890 57' 13" West, a distance of 160.00 feet; thence South
000 02' 47" West, a distance of 177.60 feet, to the TRUE POINT OF BEGINNING.
PARCEL 3:
A portion of Parcel "B" of Parcel Map No. 77-42, in the City of Fresno, County
of Fresno, State of California, according to the map thereof recorded in Book
28, Page 83 of Parcel Maps, Fresno County Records, and more particularly
described as follows:
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e
COMMENCING at the North Quarter corner of Section 33, Township 12 South, Range
20 East, Mount Diablo Base and Meridian, as said Section is shown on the United
States Government Township Plats; thence South 890 45' 39" West, along the North
line of said Section 33, a distance of 649.50 feet; thence South 00° 02' 47" West,
along the East line of said Parcel "B", a distance of 1723.84 feet; thence North
89° 57' 13" West, a distance of 284.00 feet; thence North 000 02' 47" East, a
distance of 54.70 feet to the True Point of Beginning; thence continuing North
000 02' 47" East, a distance of 87.00 feet; thence North 890 57' 13" West, a
distance of 71.00 feet; thence South 000 02' 47" West, a distance of 87.00 feet;
thence South 890 57' 13" East, a distance of 71.00 feet to the TRUE POINT OF
BEGINNING.
7b. Subdivider shall improve such facilities pursuant to City approved
construction plans and, upon completion of such improvements, the City is
permitted to enter such parcels and shall maintain such facilities until such
written release is issued.
The Subdivider shall not commence any backfilling operation of the temporary
facilities 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 parcels until the City issues its written release.
7c. No written release shall issue unless the City Engineer is satisfied
that all temporary facilities have been backfilled and compacted properly and
all temporary drainage structures, such as inlets, outlets, pipes, and similar
structures, have been plugged, removed, and disposed of in accordance with the
Standard Specifications of the City.
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 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. Incase 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 improvements
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 said final map the Subdivider shall:
In lieu of any bond or bonds required,
(a) deliver to the City an instrument of credit in the sum of ONE MILLION
FORTY SIX THOUSAND NINE HUNDRED Dollars ($1,046,900.00) (which sum is equal to 95
percent of the total estimated cost of the work and improvement) to insure the
faithful performance of this agreement, all as specified in said instrument of credit
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;a "
entitled Performance Instrument of Credit to Guarantee Subdivision Improvements
and hereby made a part of this agreement.
(b) deliver to the City an instrument of credit in the sum of FIVE
HUNDRED FIFTY ONE THOUSAND Dollars ( $551,000.00 ) (which sum is equal to 50 percent
of the total estimated cost of the work and improvements) to secure payment to all
Contractors performing work on said improvement and all persons renting equipment or
furnishing labor or materials to them, all as specified in said instrument of credit
entitled Labor and Materials Instrument of Credit to Guarantee Payment of Subdivision
Improvements and hereby made a part of this agreement.
(c) deliver to the City cash or a certificate of deposit in the amount
of FIFTY FIVE THOUSAND ONE HUNDRED Dollars ( $55,100.00 ) (which sum is equal
to 5 percent of the estimated cost of the work and improvement) pursuant to the provi-
sions 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 ELEVEN THOUSAND AND TEN
Dollars ( $11,010.00 ) 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 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.
(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 sahll 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
cone in and upon the street rights-of-way in said subdivision and upon the
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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
liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider's agents, employees and subcontractors,
while engaged in the performance 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 hereinbefore 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) .
11. 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.
12. No occupancy permit shall be issued until an approved "all weather"
street frontage and access is constructed. 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.
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
requirements, shall be reordered by the City of Fresno from the same testing
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laboratory. Billing for the required retests shall be made directly to the
Subdivider or his agent for payment. 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 determination 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 before release of bond, or final acceptance of
completed work.
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 sub-
division 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
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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 agree-
ment on behalf of the Subdivider, or, at the election of the City Engineer,
such notice may be mailed to the Subdivider 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 Subdivider agrees to pay to City, forthwith upon
receipt of billing therefore, 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 surfacing within 14 calendar days
and the roadway shall be maintained 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.
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 in part by the Subdivider
without the written consent of the City.
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• The parties have executed this agreement on the day and year first above
written.
CITY OF FRESNO, a Municipal Corporation
ATTEST: BY_ kl�k-L�
i ,'o s rirector
JACQUELINE L. RYLE `�
City Clerk
SUBDIVIDER:
BY:
Hubert Hoffman, President
APPROVED AS TO FORM: Fresno Supreme, Inc. , A California Corporation
JAMES A. MCKELVEY
SUBDIVIDER
BY:A •
AL
Title
STATE OF CALIFORNIA,
COUNTY Of
Fresno ss.
ON July 29 lg 80 ,
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Hubert Hoffman known to me to be the
President, and- knwm4o-sae
to-btthe-
y. BETTY S. NAKAYAK.A 7' secretary of
N;-NPY PL; Llca�lwk' '� ` Fresno Supreme, Inc.
Fr I�
kl� ! ' l ' I
� ','
the Corporation that executed the within Instrument, known to me to be the persons who
�. P ..
' `�'• Fitrc1'r C,-V) executed� executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its bylaws or a
M.
,rr,,
resolution of its board of directors.
WITNESS my hand and official seal.
ACKNOWLEDGMENT--Corp.—Prat. 5 Sec.—Woleotts Form 226--Rev.161
Notary Public in and for said SMe.
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