HomeMy WebLinkAboutT-3186 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this % day of
19 / , by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City" ,
and Dempsey Construction Corporation
P. O. Box 657; Mammoth Lakes , California, 93546
(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. 3186 - UGM No. 82
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 end
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 .
APPROVED BY Cilr f;uUiiCll
19
JACQII�LJ JY l„�,CITY CLERK
�/ W n y
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 improve-
ments hereinafter specified on or before day--3r
19 82 , to the satisfaction of the Director of Public Works
of the City. 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 comple-
tion of the work. The Developer shall file a written re-
quest for a time extension with the Director of Public Works
prior to the above noted date, who shall ascertain 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 Map Act,
prior to the City ' s final acceptance of the
subdivision and release of securities, the sub-
divider shall submit to the City of Fresno evi-
dence of payment and receipt thereof by the
Engineer or Surveyor for the final setting of
all monuments required in the subdivision.
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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 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 lumi-
naries 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. 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 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 Standard Drawing Nos. 10-C-4173
through 10-C-4176 , 15-C-4686 through 15-C-4690A,
15-C-4749 and FMFCD Standard Drawing Nos. AB6-1
through AB6-5 , Water Job J-3317 , 4 Sheets) , unless
specifically omitted herein.
i. Wet-ties shall be in accordance with B-Job No. 9303.
The amounts indicated are estimates only and serve
as a deposit to cover the estimated cost of construc-
tion. Should the actual construction cost 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.
j . The subdivider is unable to obtain and dedicate to
the City all easements required for street purposes
related to this Agreement, as shown on Exhibit "A".
The subdivider agrees to allow the City to commence
to acquire the necessary easements through negotiation
or the lawful exercise of its Power of Eminent Domain
to obtain the necessary right of way. The subdivider
has deposited with the City cash in the amount of
$12 ,755. 00. Such sum shall be security to pay the
City the full cost to acquire all necessary easements,
including: staff time as needed to attempt a nego-
tiated purchase and attorney' s fees , appraisal fees,
court costs and related expenditures to acquire the
easements through the lawful exercise of the City' s
Power of Eminent Domain. If such sum is less than
the actual full cost to acquire all necessary right
of way, the subdivider shall remit to the City the
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difference within 15 days of the mailing to the
subdivider of an itemized list of such costs. If
such sum exceeds the actual full cost to acquire
the subject right of way, the City shall refund the
difference as soon as the City determines the amount
of such excess.
k. Prior to the City ' s final acceptance of the subdivi-
sion, the subdivider shall deliver to the City a
copy of the recorded covenants , conditions and re-
strictions for the subdivision.
1. The subdivider has deposited with the City tllq sum
of $sr6; 2 for the following:
59, $y(, 37
4,1: Inspection Fees. . . . . . . . . . . . . . . . . . . . . $ P, 708. 01
2. Intersection Signing, 5 EA ?�$ 00
3. Traffic Regulatory Signing, 11 EA @ $3 385. 00
77,
4 . Street Trees, 82 EA @ $3- . . . . . . . . . . . $ 00
5. Temporary Pond Maintenance Fee. . . . . . . . . . . . . . $ 3, 000. 00
6. Plan Review Fee (Street) . . . . . . . . . . . . . . . . . . . . $ 868. 43
7. Sewer Trench Water Compaction Charge,
2 , 750 C.Y. @ $0. 04. . . . . . . . . . . . . . . . . . . . . . . . . . $ 110. 00
8. UGM Right-of-Way Acquisition. . . . . . . . . . . . . . . . $12 , 755. 00
9. UGM Traffic Signal Charge, 14. 09 AC
@ $300. 00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 , 227. 00
10. UGM Major Street Charge; (Zone D-2)
14. 09 AC @ $270. 00. . . . . . . . . . . . . . . . . . . . . . . . . . $ 3, 804. 30
11. UGM Fire Station Fee; (Station No. 2)
14 . 37 AC @ $121. 00. . . . . . . . . . . . . . . . . . . . . . . . . . $ 1, 738. 77
12. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . .. . . . $ 5, 009. 55
a. Oversize, 14. 37 AC
@ $240. 00 (Area 12) . . . . . . $ 3 , 448. 80
b. Lateral , 312. 15 LF
@ $5. 00/LF. . . . . . . . . . . . . . . $ 1 , 560. 75
(Note: Major Facilities Fee
is to be Paid at Time of Development)
Total Sewer Charges. . . . . . . . . . . $ 5, 009. 55
13. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16 , 535. 01
a. Frontage
312. 15 LF @ $1. 875. . . . . . . $ 585. 28
b. Fire Hydrant Charge
474 ,451 SF @ $. 0075. . . . . . $ 3 , 558. 38
C. Trans. Grid Main
14. 37 AC @ $375. 00. . . . . . . $ 5 , 388. 75
d. UGM Well Development Charge
(Area 142)
14. 37 AC @ $330. 00. . . . . . . $ 4 ,742. 10
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e. Water Meter Charge
One 1" @ $85.00/EA. . . . . . . $ 85. 00
Two 2" @ $244. 00/EA. . . . . . $ 488 . 00
f. Water Construction Charge
70 Lots @ $1 . 25. . . . . . . . . . $ 87 . 50
g. "Wet-Tie" Charge. . . . . . . . . $ 1,600 .00
(B-Job No. 9303)
Total Water Charges. . . . . . . . . . . $16, 535 . 01
14 . Present Credits/Future Refunds
a. Transmission Grid Main
Estimated Eligible Refund,
2, 880 LF @ $5. 40/LF. . . . . . $15, 552 . 00
Present Credit TGM
Charge. . . . . . . . . . . . . . . . ($ 5, 388 . 75) ($ 5 , 388 . 75)
Estimated Future Refund. . $10,163 . 25
Actual refund shall be determined
by audit of "As-Built" Plans. Pur-
suant to Section 14-107 . 1 of the
Fresno Municipal Code, $4 , 500. 00 shall
be reimbursed from the Water Charge
Connection Fund upon completion of the
water main. Remaining refund shall be
made in accordance with Section 14-107. 1
of the Fresno Municipal Code.
b. Fire Hydrants (Future)
6 EA @ $300 . 00. . . . . . . . . . . $ 1,800. 00
Refund to be made pursuant to Sec-
tion 14-107 . 1 of the Fresno Municipal
Code.
9, 5i4 . 3 2-
TOTALTOTAL
FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . -5.6,VJY.�2-
(Less Present Credits)
15. Fee Deferments
a. Neighborhood Park Capital Fee
14 . 37 AC @ $994 . 00/AC = $14 ,283 . 78
Pursuant to Section 12-4 . 509 of the
Fresno Municipal Code, the subdivider
has entered into a covenant to defer
payment of the park fee until all or
part of the land is sold, leased,
transferred or Certificates of Occupancy
are requested.
7 . Subdivider has paid to the City of Fresno, in accor-
dance 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.
5
7a. The subdivider allocates Lots 56 , 57 , the south
57. 5 feet of Lot 58 and portions of Lots 59 and 60 described
as follows :
Beginning at the Southwest corner of said Lot 60;
thence North 0° 43 ' 08" West, along the West line
of said Lot 60 , a distance of 38. 34 feet; thence
North 700 54 ' 43" East, a distance of 46. 90 feet
to a point on the East line of said Lot 60 , also
being the West line of said Lot 59; thence North
800 11 ' 44" East, a distance of 45. 35 feet to a
point on the East line of said Lot 59 ; thence
South 020 43 ' 08" East along the East line of said
Lot 59, a distance of 57. 15 feet to the Southeast
corner of said Lot 59; thence South 890 16 ' 52"
West along the South line of said Lots 59 and 60,
a distance of 90. 00 feet to the Southwest corner
of said Lot 60 and the Point of Beginning;
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 pur-
suant to City approved construction 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 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.
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S. 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 Specifica-
tions 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 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 .
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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 :
41Lu< 4LS
(a) Performance security in the sum of .Fn„r H„narea
--------Dollars ($4-6- 0 \1,
which is equal to 100% 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 Two Hundred Thirty-
. ,
Two Thousand-------------Dollars ($232 , 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
Seven Thousand Six Hundred Forty-------------------- Dollars
($7 ,640. 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 .
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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 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.
.9
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.
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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.
Il
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
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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 Litd4ek=
Public �� ks ector
JACQULINE L. RYLE
CITY
BY: , SUBDIVIDER: DEM ONSTRUCTION CORPORATION,
--'' Deputy a Cal i for Cp ra on
APPROVED AS TO FORM:
70 194' CA (8 74)
(Corporation)
TITLE INSURANCE
STATE OF CALIFOPN.IA AND TRUST I V I DE R
COUNTY OF SS. ATIOOR coupAXy
State, re me the undersigned, a Notary public in and for said
Personally appeared
known to me to be the
a known to me to be r ident n
X of the corporation that executed the within InSSeecrmeny
known to me to be the persons who executed the within
IL Instrument on behalf of the corporation therein named, and
o acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution ofOFFICIAL SEAL
its board of directors. ""'
BECKY L JANDREY
WITNESS my hand and official seal. i. a NOTARY PUBLIC - CALIFORNIA
MONO COUNTY
My comm, expires MAR 23, 1994
Signature
(This area for official notarial seal)