HomeMy WebLinkAboutT-3151 - Agreement/Covenant - 6/22/2006 1-
------------ABOVE SPACE FOR RECORDER' S USE------------
P.W. File No. 7724 Public Works Department
UGN Agreement No. 142 City of Fresno
SUBDIVISION AGREEMENT
TRACT NO. 3151
THIS AGREEMENT is made this Z 9 fh day of Av i1t 1984 , by and
between the City of Fresno, a Municipal Corporation, hereinafter desig-
nated and called the "City" , and Riverview Estates , a partnership, 320 W.
Bedford, Suite #202 , Fresno, CA 93711, 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. 3151, Rio Vista, 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 Municapal Code of the City of Fresno re-
quires the Subdivider to enter into this Agreement with the City whereby
Subdivider agrees to do, perform, and complete the work and matters here-
inafter in the Agreement mentioned and set forth in detail, within the
time hereinafter mentioned, in consideration of the acceptance of the
AWOVED BY Clif TQC„ lCIL V,�4�
IQ
JAC%�ELINE CLERK
BCC.%�c c ci �C7tt
-tic,C,_
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By
DEPUTY
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 Subdivider shall perform the work and improvements hereinafter
specified on or before September 30 , 1985, to the satisfaction of the
Director of Public Works of the City, except the sidewalk and drive approach
construction which shall be completed upon construction of the residential
dwellings in Tract No. 3151, but no later than September 30 , 1986 . When
a delay occurs due to unforeseen causes beyond the control and without the
fault or negligence of the Developer, the time of completion may be extended
for a period justified by the effect of such delay on the completion of the
work. The Developer shall file a written request for a time .extension with
the Director of Public Works prior to the above noted date , who shall ascer-
tain the facts and determine the extent of justifiable delays , if any. The
Director of Public Works shall give the Developer written notice of his
determination in writing, which shall be final and conclusive .
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.
"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. "
b. All utility systems shall be installed underground.
S'ubdivider' s attention is directed to the installation of street
lights in accordance with Resolution No. 68-187 and Resolution
No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights . The
Subdivider shall construct a complete underground street light system
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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 or any
amendments or modifications which may be adopted by Council prior to
the actual installation of the lights 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. 7012 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. Wet-Ties shall be in accordance with B-Job No. E-60.
The amounts identified above as "Wet-Tie Charges" are estimates
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 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.
i . Perform and construct all work shown on the attached
plans (City Drawing Nos. 10-C-4574 through 4579, inclusive;
15-C-5354 through 5360, inclusive; Water Job J-3484 (6 sheets) ;
and FMFCD Strom Drain Drawing Nos. DI-1-1 through 3, inclusive) ,
unless specifically omitted herein.
j . The Subdivider is required to initiate the formation of
a Maintenance Service Area to pay the perpetual operation and
maintenance (O & M) costs of the required sanitary sewer lift
station including pump replacement costs. The subdivider has
deposited sufficient funds with the City for the estimated cost
of first year O & M and pump replacement. This first year shall
commence with the City's acceptance of the lift station.
k. The Subdivider is required to provide an alternate
source of power to the required sewer lift station, which shall
be either a portable generator or an electrical service
connected to a different P.G. &E. source than the primary
service. The Subdivider has posted security in the amount of
$11, 500 to insure this provision.
1. The Subdivider has deposited with the City the sum of
Ninety-Seven Thousand Four Hundred Eighty-Seven and 40/100
Dollars ($97, 487. 40) for the following :
(1) Inspection Fees $19,701. 58
(2) Intersection Signing, 9 @ $90. 00 $ 810. 00
(3) Traffic Regulatory Signing, 11 @ $35. 00 $ 385.00
(4) Street Trees, 36 @ $77. 00 $ 2, 772. 00
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(5) Pond Maintenance Fee $ 6, 210. 00
(6) Sewer Trench Water Compaction Charge,
3, 825 CY @ $0. 04/CY $ 153. 00
(7) UGM Traffic Signal Charge ,
17. 55 Ac @ $370. 00/Ac $ 6, 493. 50
(8) UGM Major Street Charge; (Zone A)
17. 55 Ac. @ $1,825. 00/Ac $32, 028. 75
(9) UGM Fire Station Fee;
(Service Area No. 13)
Zone District R-1-C/UGM
17. 70 Ac @ $251.00/Ac $ 4 , 442. 70
(10) UGM Major Street Bridge Charge; (Zone A)
17. 55 Ac. @ $30. 00/Ac $ 526. 50
(11) Sewer Lift Station Charges :
First Year of Annual Maintenance $ 5, 600. 00
First Year Cost of Pump
Replacement $ 500. 00
Total $ 6,100.00 $ 6,100.00
(12) Sanitary Sewer Fees $ 770. 00
(a) Lateral Charge
154 LF @ $5. 00/LF $ 770. 00
(b) Oversize Charge - See 14 Below
(Note : Major Facilities
Fee is to be paid at time
of development. )
Total Sewer Charges $ 770. 00
(13) Water Charges $17,094.37
(a) Frontage
154 LF @ $1.875/LF $ 288. 75
(b) Fire Hydrant Charge
470, 915 SF @ $0. 75/100 SF $ 3, 531. 87
(c) Transmission Grid Main
17. 70 Ac @ $375. 00/Ac
$6,637.50 Less TGM
Credit of $4 ,394.50
Net TGM Charge
UGM Reimbursement Area A $ 2,243. 00
(d) UGM Well Development
Charge
Supply Well No. 153
17. 70 Ac @ $410. 00/Ac $ 7, 257. 00
(e) Water Construction Charge
19 Lots @ $1. 25/Lot $ 23. 75
(g) "Wet-Tie" Charge
(Estimate E-60) $ 3, 750. 00
8 -/079(.
Total Water Charges $17,094.37
TOTAL FEES AND CHARGES $97.487. 40
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( 14 , Present Credits-Future Reimbursements-Fee Deferments
( a) Sewer Oversize Credits :
Oversize Charge
17 . 70 Ac @ $240 . 00/AC $ 4 , 248 . 00
Oversize Credits :
10" Pipe : 595 LF @ $2 . 50/LF ( $ 1, 487 . 50 )
Extra Depth:
8-12 Ft : 162 LF @ $1. 00/LF ( $ 162 . 00 )
16-20 Ft : 112 LF @ $9 . 00/LF ( $ 1, 008. 00 )
Over 20Ft : 251 LF @ $15 . 00/LF ( $ 3, 765 . 00 )
Total Credits ( $ 6, 422. 50 )
Net Charge Due : 0 . 00
Future Reimbursement : ( $ 2 , 174 . 50 )
Note : Reimbursement shall be made in
accordance with section 9-503 , 2 of the
Fresno Municipal Code.
(b ) Fire Hydrant Reimbursement :
5 FH @ $300 . 00 $ 1, 500 . 00
Note : This reimbursement shall be made
in accordance with Section 14-107 . 1 (b )
of the Fresno Municipal Code .
( c ) UGM Neighborhood Park FeeDeferred
by Covenant . Service Area L 6,
Zone District R-1-C/UGM
17 . 70 Ac @ $1, 324 . 00/AC $ 23, 434 . 80
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.
8. It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done, performed and instal-
led 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 . In case there are not any standard specifications fo the City
for any of said work, it is agreed that the same shall be done and per-
formed 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 inspection
of and to the satisfaction of the City Engineer of the City.
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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 Six Hundred
Fifty-Seven Thousand Four Hundred and 00/100 Dollars
($657, 400. 00) , which is equal to 100% of the total estimated cost
of the work required. Five percent (5%) of said amount shall be
cash or a Certificate of Deposit, all to be conditioned upon the
faithful performance of this Agreement. This security includes
$19, 800.00 to insure the modification of the proposed storm
drainage facilities adjacent to Lot 19 of the subdivision should
such modifications be deemed necessary by the Public Works
Director. Said security shall be retained by the City for a
period of eighteen (18) months following acceptance of all other
subdivision improvements;
b. Payment security in the sum of Three Hundred Twenty-Eight
Thousand Seven Hundred and 00/100 Dollars ($328,700.00) , which is
equal to 50% 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.
c. Any and all other improvement security as required by
Fresno Municipal Code, Section 12-1016.
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Eight Thousand
Seven Hundred and Eighty-Seven and 00/100 Dollars ($8, 787. 00) , for
guarantee and warranty of the work for a period of one (1) 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. The warranty security shall be
returned to the Subdivider, less any amount required to be used for
fulfillment of the warranty one (1) year after final acceptance of the
subdivision improvement, except that the amount of $990. 00 shall be
retained for guarantee of the additional storm drainage work, if
required, for one (1) year following acceptance of such work.
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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 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 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
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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 there-
from which shall occur within a period of one ( 1 ) 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 .
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 .
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
varrying 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 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.
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 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 res-
ponsibility of the Subdivider. It shall further be the responsibility of
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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 .
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. If Subdivider fails to duly notify
City as herein required, 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 pre-
scribed. Defective work shall be made good, and unsuitable materials may
be rejected, notwithstanding the fact that such defective work and unsuit-
able materials have been previously overlooked by the Engineer or Inspector
and accepted.
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 sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto 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 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 Agreement 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 twenty-four ( 24 ) hours after such personal service of such notice or
within forty-eight ( 48 ) hours after mailing thereof as herein provided, the
Subdivider shall not have commenced to maintain adequate dust control or
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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 City or by contract
as the City Engineer shall determine , and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor, the entire cost to City
of such sprinkling or oiling. when the srufacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or permanent
surfacing within fourteen ( 14 ) calendar days , and the roadway shall be
maintained in a safe and passable condition at all times between the com-
mencement and final completion , and adequate dust control shall be main-
tained 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 , the City
of Fresno Standard Specifications , 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 .
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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 City.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
RIVERVIEW ESTATES, a Partnership
JAMES L. MARTIN
PUBLIC W KS D RECTOR BARGAIN HOMES, INC. , Part er
By
Victor Rozryovsky, Presidefit
ATTEST: BETTER E , I0- rtr
JACQUELINE L. RYLE By: �-City Clerk tanleyL.
_ r,
By
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By � � (Attach Notary Acknowledgment)
GSA:dr
6926G/152
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1 t.
CAT. NO.NN00636 OroAND
TITUE INSURANCE
To 1e5a CA l7--s21 TRUST
(Corporation as a Partner of a Partnership) ATICON COVPANY
g� STATE OF CALIFORNIA 1 SS.
COUNTY OF _ FrP ,nn J
V,a On jujiy 20$. � 984 before me, the undersigned, a Notary Public in and for
xt r, said State, personally appeared
11 ttS a o
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
W the within instrument as the President, rd
a �i nXi)bXtiieXi�rX Ci3 fd� u�i zSY zi`iX� as 3
< g Homes Inc.
the corporation that executed the within instrument on OFFICIAL SEAL
behalf of R'i -je P`.t EState S_ F I f(@ BETTY S.NAKAYAMA
the partnership that executed 0NOTARY PUBLIC.CALIFORNIA
y:t' the within instrument, and acknowledged to me that such NO FRESNO COUNTY
TARY BOND D IN
corporation executed the same as such partner and that nny commission Expires July 15,1987
such partnership executed the same.
WITNESS my hand and official seal.
Signature �� (This area for official notarial seal)
CAI, NO NN00636
19i-"I C:1 (i TITLE INSURANCE
1,C(')p,i,m,w ,s :1 P:lrtner of a Partnership) Qr0 AND TRUST
11 C1 1111Ct H CUMYANY
.N.
,'Vr ell Fresno
e 1; —_JUl;_2o 1984 before me, the undersigned, a Notary Pubiic in and for
Iu St.itC, perslln:111y appeared Victor Romovsky _
rsunall�
known to the or proved to me on the basis of satisfactory evidence to be the person who executed
13 tits within instrument as the President, gx
x
idIC7�S� alIr3ff�t3§ eXc _ i 'iY�ia`�i �iat�ic'T x`�
J xllfl& K3nXYciXrXcr�cr � k�isti €> � ��of
y nargain Hennes , Inc .
the corporation that executed the within instrument on
1)(11 111'of Riverview Estates OFFICIAL" SST '
the partnership chat excc and BETTY S. NAKAYAMA
nc Within instrument, and acknowledged to me that such 5 r NOTARY PUBLIC,CALIFORNIA
g NOTARY BOND FILED IN
<ot-poration exccurcd the same as such partner and that 9 FRESNO COUNTY
'-uch lartncrshi executed the same.
I P q My Commission Expires July 15,1887
WITN1(SS n1y hmid and official seal.
Signature 91kSfa W � /LG�CE� fy!. �•-•�
(This area for official notarial seal)
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