HomeMy WebLinkAboutT-3196 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this 20th day of May •
1980 , by and between the City of Fresno, a Municipal
.Corporation, hereinafter designated and called the "City" ,
. and The Wilson Ranch. Partnership
499 W. Shaw, Suite 130 ; Fresno, California 93704
(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. 3196
a copy of which map is attached to and made a part of this
t
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 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 August 1
19 81 to the satisfaction of the Director of Public Works
of the City.
5. The work and improvements, more specifically shown
on the attached plans and made a part hereof, shall be done
in accordance with the construction standards contained in
the City of Fresno Standard Specifications adopted March 5 ,
1970 by Resolution No. 70-36 , and as amended at the sole
cost and expense of the Subdivider including all costs of
engineering, inspection and testing as specified in Item 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 under-
ground street light system as approved by the
Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. of
standards and luminaires shall be in accordance
with Resolution No. 78-522 and shall be approved
by the City Traffic Engineer.
C. Water main extensions and services shall be pro-
vided in accordance with applicable provisions
of Chapter 14 , Article 1 of the Fresno Municipal
Code and all applicable changes 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.
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f. All "Dead-End" Streets created by this subdivision
shall be barricaded in accordance with City Standards
within seven (7) days from the time said streets
are surfaced, or as directed by the Engineer.
g. Any temporary storm water retention basins con-
structed or enlarged to serve this Tract shall be
fenced in accordance with City Standards within
seven (7) days from the time said basins become
operational, or as directed by the Engineer.
h. Wet-Ties shall be in accordance with B-Job Nos. 9165
and 9199. The amounts indicated as wet-tie charges
are estimates only and serve as a deposit to cover
the estimated cost of construction. Should the actual
cost of construction be less than the estimated amount,
the Subdivider shall be refunded the difference .
Should the actual cost of construction exceed the esti-
mated amount, the Subdivider shall be responsible for
payment of the difference upon billing by the City.
i. Perform and construct all work shown on the attached
plans. (City of Fresno Standard Drawing Nos. 10-C-4116
through 10-C-4121 , Water Job No. 3281 , 15-C-4592
through 15-C-4599 and FMFCD Drawing Nos. AH-4-1 & 2) ,
unless specifically omitted herein.
j . The Subdivider has deposited with the City the sum of
$143 ,405 . 24 for the following:
1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 ,985. 07
2. Intersection Signing, 3 @ $70. 00. . . . . . . . . . . . $ 210. 00
3 . Traffic Regulatory Signing, 5 @ $35 . 00 . . . . . . $ 175. 00
4 . Street Trees, 93 @ $25 . 00 . . . . . . . . . . . . . . . . . . . $ 2 , 325. 00
5. Temporary Pond Maintenance Fee. . . . . . . . . . . . . . $ 2 , 000. 00
6 . Sewer Trench Water Compaction Charge,
1100 C.Y. @ $0 . 04 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44 . 00
7 . U.G.M. Traffic Signal Charge,
36 . 87 AC. @ $300. 00. . . . . . . . . . . . . . . . . . . . . . . . . $ 11 , 061.00
8 . U.G.M. Major Street Charge; (Zone "C") . . . . . . $ 28 , 968.85
9 . Street Paving Fee (Gates Avenue) . . . . . . . . . . . .$ 20 , 949.80
10 . Plan Review Fee (Streets) . . . . . . . . . . . . . . . . . . . $ 1 ,178.55
11. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . $ 147.78
a. Plan Review Fee. . . . . . . . . . . . $ 147 .78
(Note: Major Facilities Fee
is to be Paid at Time of Development)
12 . Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60, 360.19
a. Frontage
1885 LF @ $3.75. . . . . . . . . . . . $ 7 ,068 .75
497 . 89 LF @ $1.875. . . . . . . . . $ 933. 54
b. Fire Hydrant Charge
1, 120 , 944 SF @ $. 0125 . . . . . . $ 14 , 011.80
C. Trans. Grid Main (No. A)
43. 26 AC @ $375. 00. . . . . . . . . $ 16, 222. 50
2A
d. U.G.M. Well Development Charge
Service Area No. 136;
11. 88 AC @ $310. 00 . . . . . . . . . $ 3, 682 . 80
Service Area No. 137 ;
31. 38 AC @ $310. 00 . . . . . . . . . $ 9, 727 . 80
e. "Wet-Tie" Charge
B-Job No. 9165;
2 @ $2 , 300. 00 . . . . . . . . . . . . . . $ 4 ,600. 00
B-Job No. 9199 ;
2 @ $1 ,960 . 00 . . . . . . . . . . . . . . $ 3, 920 . 00
f. Plan Review Fee . . . . . . . . . . . . $ 193 . 00
Total Water Charges . . . . . . . . $60, 360 . 19
TOTAL FEES & CHARGES . . . . . . . . . . . . . . . . . . . . $143 ,405.24
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.
7a. The Subdivider hereby allocates the below described
property for• use as a temporary facility to alleviate the
flooding and drainage problems anticipated to be caused by
this subdivision and its improvements until such time as the
City, through its Public Works Director, releases in writing
such property from such use.
BEGINNING at the most Westerly corner of Parcel A, of
Parcel Map No. 1042 , filed in the Office of the County
Recorder, December 22, 1972 , and recorded in Book 5 of
Parcel Maps at Page 74 , Fresno County Records; thence
North 380 51 ' 07" East, along the Northwesterly boundary
of said Parcel A, a distance of 274 . 00 feet; thence South
51° 08 ' 42" East, a distance of 213. 00 feet; thence South
381 51 ' 07 " West, a distance of 274 . 00 feet, to the inter-
section with the Westerly line of said Parcel A; thence
North 510 08 ' 42" West, along said Westerly line, a dis-
tance of 213 . 00 feet to the POINT OF BEGINNING:
EXCEPTING the following described portion:
BEGINNING at the most Westerly corner of said Parcel A;
thence North 380 51' 07" East, along the Northwesterly line
of said Parcel A, a distance of 20. 00 feet to a point of
cusp on a curve, concave to the East, with a radius of
20 .00 feet; thence Southerly along said curve, through a
central angle of 890 59 ' 49" and an arc length of 31 . 41
feet, to a point of cusp; thence North 510 08 ' 42" West,
a distance of 20. 00 feet to the POINT OF BEGINNING.
7b. Title to the above property is retained by the Sub-
divider. the Subdivider shall improve said facility pursuant
2B
to City approved construction plans and, upon completion of
. such improvements, the City shall be permitted to enter upon
such property and maintain said facility in such a manner that
the City sees fit until such written release is issued; pro-
vided , however, that the Subdivider agrees to indemnify and
hold the City harmless from any liability which may occur as
a result of the existence and use of the facility or its
maintenance.
7c . The Subdivider shall not commence any backfilling
operation of the temporary facility unless the Public Works
Director so authorizes in writing. The Subdivider agrees
that the City may deny issuance of any building permit re-
slating to such property until the City issues its written
release.
7d. No written release shall issue unless the City
Engineer is satisfied that the temporary facility has 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. 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:
(a) Performance security in the sum of Four Hundred
Ninety-Five Thousand------ Dollars ($ 495,000. 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 Two Hundred Forty-
Seven Thousand Five Forty-
Hundred ($ 247, 500. 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
t duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City .
(c) On acceptance of the required work , warranty security
shall be furnished to or retained by the City, in the amount of
Seven Thousand Nine Hundred Fifty------------------ Dollars
($ 7 ,950. 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.
(d) 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.
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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.
5A
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.
The Subdivider shall comply with Street, Plumbing,
Building, Electrical, Zoning Codes and any other Codes of the
City.
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.
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.
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Fr7;
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 .
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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Y't
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.
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.
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.
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.
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 F SNO, a Municipal Corporation
ATTEST: By
JACQULINE L. RYLE Pt} is T.o s Director
CITY CLERK
BY: Deputy SUBDIVIDER:
THE WILSON RANCH PARTNERSHIP
APPROVED ASO FORM: V
JAMES A. ,�ALVEY A• H
City Att,//' ''9y B
STATE OF CALIFORNIA ) �—
COUNTY OF— Fresno J} SS.
On 1980
i
before me, the undersigned, a Notary Public in and for said County
and State, personally appeared FOR NOTARY SEAL OR STAMP
William A. Hamilton and
L. Robert Hamilton
a
_ known to me
° to be both of the partners of the partnership
F
athat executed the within instrument, and acknowledged to me that
Aisuch partnership executed the same.
U
rn
Signatur
'e
ti SUNNY S RO My commission expires 6/10/83
Name (Typed or Printed)
0
:E Notary Public in and for said County and State