HomeMy WebLinkAboutT-3142 - Agreement/Covenant - 6/22/2006 t
SUBDIVISION AGREEMENT
THIS AGREEMENT is made this -_'L-- day of
19/1/ by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City" ,
and Westwood Properties , Inc.
P. 0. Box 5007 ; Fresno California 91755
(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. 3142
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 mattexs .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 .
APPROI D BY CITY COUNCIL
'
19 .�/
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 February 28
19 83 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. Pursuant to Section 66497 of the State Subdivision
Map Act, prior to the City' s final acceptance of
the subdivision and release of securities, the
subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the
engineer or surveyor for the final setting of
all monuments required in the subdivision.
C. 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.
d. 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.
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12. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51, 619 . 21
a. Fire Hydrant Charge
1, 450 , 104 SF @
$. 0075/SF. . . . . . . . . . . . . . . . $10, 875. 78
b. Trans . Grid Main
46. 78 AC @ $375. 00/AC. . . . $17 , 542. 50
C. U.G.M. Well Development Charge
10 . 12 AC @ $310 . 00/AC. . . . $ 3, 137 . 20
(Service Area No. 136)
36. 66 AC @ $310 . 00/AC. . . . $11, 364 . 60
(Service Area No. 137)
d. Water Construction Charge
158 Lots @ $1 . 25. . . . . . . . . $ 197 . 50
e. "Wet-Tie" Charge. . . . . . . . . $ 7, 900. 00
(B-Job No. 9450)
f. Plan Review Fee. . . . . . . . . . $ 601. 63
Total Water Charges. . . . . . . . . . . $51, 619 . 21
13. Credits/Reimbursements
a. Water Credits
TGM Credits -
Total Present Credits . . . . . . . . . . . . . . . . ($ 16 , 615. 20)
Fire Hydrant Reimburse-
ments (Future)
12 @ $300 . 00/EA. . . . . . . . . $ 3, 600 . 00
b. Street Improvement Credits (UGM)
Total Credit. . . . . . . . . . . . $86 , 760 . 00
Present Credit. . . . . . . . . . $38, 534 . 85 ($ 38, 534 . 85)
Sub-Total. . . . . . . . . . . . . . . $48 , 225. 15
Amount to be reimbursed
in accordance with FMC
Section 11-226 (4) . . . . . . . $48 , 225. 15
TOTAL FEES AND CHARGES . . . . . . . . . . . . . . . . . . . . . $142 , 826. 12
k. Wet-ties shall be in accordance with B-Job No. 9450.
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.
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e. 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.
f. Lot drainage shall be in accordance with Section
13-120. 7012 of the Fresno Municipal Code.
g. All "Dead-End" streets created by this subdivision
shall be barricaded in accordance with City stan-
dards within seven (7) days from the time said streets
are surfaced, or as directed by the Engineer.
h. 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.
i. Perform and construct all work shown on the attached
plans. (City Drawing Nos. 15-C-4792 through 15-C-4806 ,
10-C-4269 through 10-C-4281, Water Job No. 3329 -
14 Sheets , Storm Drain Plans DF-3-1 through EF-3-3 and
Fresno Irrigation District Plans for Tract No. 3142) ,
unless specifically omitted herein.
j . The subdivider has deposited with the City the sum
of $142 , 826. 12 for the following:
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32 , 244. 04
2. Intersection Signing, 17 @ $70. 00. . . . . . . . . . $ 10, 190. 00
3. Traffic Regulatory Signing, 18 @ $35. 00 . . . . $ 630. 00
4. Street Trees, 245 @ $36. 00. . . . . . . . . . . . . . . . . $ 8 , 820. 00
5. Plan Check (Streets) . . . . . . . . . . . . . . . . . . . . . . . $ 2 ,566. 92
6. Sewer Trench Water Compaction Charge,
5000 C.Y. @ $ 00.04/CY. . . . . . . . . . . . . . . . . . . . . . $ 200 . 00
7 . U.G.M. Traffic Signal Charge; (Zone C)
45. 07 AC. @ $300/AC. . . . . . . . . . . . . . . . . . . . . . . . $ 13, 521. 00
8. U.G.M. Major Street Charge; (Zone C)
45. 07 AC. @ $855/AC. . . . . . . . . . . . . . . . . . . . . . . . $ 38, 534 . 85
9. Temporary Pond Maintenance . . . . . . . . . . . . . . . . . $ 2 , 000 . 00
10. Herndon Canal Bridge Fee. . . . . . . . . . . . . . . . . . . $ 25 , 951 .75
11. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . $ 20, 698. 40
a. Oversize, 46 . 78 AC.
@ $240. 00/AC. . . . . . . . . . . . . $11, 227. 20
b. Lateral, 1217 . 99 LF
@ $5. 00/LF. . . . . . . . . . . . . . . $ 6 , 089 . 95
280 LF @ $10 . 00/LF. . . . . . . $ 2 , 800. 00
C. Plan Review Fee . . . . . . . . . . $ 581. 25
(Note : Major Facilities Fee
is to be Paid at Time of Development)
Total Sewer Charges. . . . . . . . . . . $20 , 698. 40
3
1. All U.G.M. Park and Fire Station fees attributable
to the development of subject property in the
amount of $114 , 884 . 31 are being deferred until
issuance by the City of Certificates of Occupancy,
or upon the close of escrow for the sale, lease or
transfer of any of the subject property.
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 Lot (s) 37 , 38 , 116, 117,
118, 119 and 120 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 lot(s) from such use. The subdivider shall
improve such facilities pursuant to City approved construc-
tion plans and, upon completion of such improvements, the
City is permitted to enter such lot (s) 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 lot (s) until the City issues its
written release.
No written release shall issue unless the City Engineer
is satisfied that all temporary facilities have been back-
filled 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
5
Office of the City Engineer of the City and the Standard
Specifications of the City, which said plans and specifica-
tions 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 improvements and materials shall be done, performed and
installed under the supervision of and to the satisfaction
of the City Engineer of the City.
6
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 One Million Three
Hundred Seventy Thousand-- Dollars ($ 1 , 370 , 000. 00 ) ,
which is equal to 1000 of the total estimated cost of the
work required. Five percent of said amount shall be cash
or a certificate of deposit . All to be conditioned upon
the faithful performance of this agreement and;
(b) Payment security in the sum of Six Hundred Eighty-
. ,
Five Thousand------------Dollars ($ 685 , 000. 00 )
which is equal to fifty percent of the total estimated cost
of the work required to secure payment to all contractors
and subcontractors 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 and on forms furnished by the City .
10. On acceptance of the required work , warranty security
shall be furnished to or retained by the City , in the amount of
Twelve Thousand Three Hundred Fifty-----------------Dollars
($ 12 , 350. 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.
( a) Any and all other improvement security as required
by the Fresno Municipal Code , Section 12-1016 .
7
11. 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 sub-
division 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 subdivision
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 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 further 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.
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. 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.
8
14 . 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.
9
15 . 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 laboratory . Billing for the re-
quired retests shall be made directly to the Subdivider or his
agent for payment. Compaction test for water facilities in-
stalled by the City of Fresno shall be paid for by the City
of Fresno.
16 . The Subdivider shall comply with Street, Plumbing,
Building, Electrical, Zoning Codes and any other Codes of the
City.
17 . It shall be the responsibility of the Subidivder to
, coordinate all work done by his contractors and subcontractors ,
such as scheduling the sequence of operations and the deter-
mination 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 Sub-
. divider to notify the Engineer may cause delay for which the
Subdivider shall be solely responsible .
18 . 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 un-
suitable materials may be rejected, notwithstanding the fact
that such defective work and unsuitable materials have been
previously overlooked by the Engineer or Inspector and accepted.
10
19 . 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.
20 . 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 suffi-
cient 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 Sub-
divider to comply with the provisions of this paragraph forth-
with. Such notice may be personally served upon the Sub-
divider, or, if the Subdivider is not an individual , upon any
person who has signed this agreement on behalf of the Sub-
divider, 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 there-
after 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
11
• 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 con-
dition at all times between the commencement and final com-
pletion and adequate dust control shall be maintained during
these operations.
21. 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.
22 . 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.
23. 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.
24 . 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.
The parties have executed this agreement on the day and
year first above written.
CITY OF FRESNO, a Municipal Corporation
ATTEST: By
Pu7;1iTlor s Director
JACQULINE L.
CITY CLE
BY: / SUBDIVIDER:
Deputy
hDDDn1M1n T c mn nnr,+•
STATE OF CALIFORNIA
COUNTY OF
SS.
N. ................................. rt.�-----
\��, SUBDIVIDER
On......... ./32 G t't...................../7...................MR*i
before me, the undersigned,a Notary Public in and for said
County and State,personally appeared .................................. t
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known to me to be.....................President� ...................... o A><b O
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of the Corporation that n°n a
executed the within instrument and the officers who exe-
cuted the within instrument on behalf of the Corporation = F>�
therein named,and ack owledged t that such Corpora- ��v
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tion executed the a u, z z
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Not r Public and for said C F y and State.
Corporation Acknowledgment
G-107/ACK