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HomeMy WebLinkAboutT-3305 - Agreement/Covenant - 6/30/2006 P . c,'. File No. 7678 Public 4;orks Uepartmen Cite of Fresno SUBDIVISION AGREEMENT THIS AGREEMENT is made this 214+ day of , 1983, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the " City , " and RIVERVIEW ESTATES , a Partnership, 6615 North Blackstone Avenue, Fresno, California 9370 , hereinafter designated and called the "Subdivider . " RECITALS 1 . The Subdivider has presented to the City a certain final man of a proposed subdivision of land located within the corporate limmits of the City, and known and described as Tract No . 3305, a copy of which map is attached to and made a part of this agreement , and said SubdJlvider ]as 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 recuired by lace. 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 improvemen=s 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 °aork and matters hereinafter in the Agreement mentioned and set forth ir 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 ApgOVED BY till COUNCIL (f3 u HE L.RY CITY CLERK DEPUTY recording as provided and required by law, it is inutually 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 June 30, 1984 , to the satisfaction of the Director of Public Works of the Citv . 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 ex}ension 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 small 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 exiDense 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 ilap. " Pursuant to Section 66497 of the State Subdivision ',lap 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 . Subdivider ' s attention is directed to the installation of street lights in accordance with Resolution Pio . 68-187 and Resolution Pio. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the ligt;ts . The Subdivider shall construct a complete undergound street light system as approved by the Traffic Engineer prior to final acceptance of t:-Io subdivision. Height , type, spacing , etc. , of standards and luminaires shall be in accordance with Resolution Pio . 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 . 'dater 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 . -2- d. Sanitary sewer extensions and services sr,all be provided in accordance with applicable provisions of Chapter 9 , Article 5 of the Fresno ?lunicipal 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 . Construct concrete sidewalk in accordance with the standard specifications of the City of Fresno . g . The Subdivider has deposited -.pith the City the sum of Sixteen Thousand Thirty-nine and 26/100 Dollars ($16 , 039 . 26 ) for the following : ( 1) Inspection Fees $ 691 . 11 ( 2 ) Street Trees , 10 C $77 each $ 770 . 00 ( 3 ) UGM Traffic Signal Charge, 3 . 33 Ac @ $370/Ac w 1 , 232 . 10 ( 4 ) UGM Major Street Charge; ( Zone A) 3 . 33 Ac C $1 , 825/Ac w 5, 077 . 25 ( 5 ) UGM Fire Station Fee; ( Service area No. 13 ) R-i-B - 4 . 4. 0 Gross Ac iz $251/Ac $ 1 , 027 . 69 ( 6 ) U^-N Major Street Bridge Charge Zone A) , . 33 ac 2 $30/Ac $ 99 . 90 ( 7 ) Sanitary Sewer Fees $ 1 , 032 . 30 ( a) Oversize Charge 3 . 33 Net Ac @ $310/Ac .; 1 , 032 . 30 Total Sewer Charges $ 1 , 032 . 30 (8 ) Water Charges $ 5, 108 . 91 ( a) Fire Hydrant Charge 144 , 928 SF @ $0 . 75/100 SF 1 , 086 . 96 ( b'I '_-'rans;nission Grid 'lain 3 .33 Net. Ac @ $490/Ac $ 1 , 631 . 70 ( c) UGM Well Development Charge - Supply Well No . 153 4 . 40 Ac @ $410/Ac $ 1 , 804 . 00 ( d) Tap Charge 1 - 1 1/2 inch Connec+_ion @ $575 8 575 . 00 (e) Water Construction Charge 9 Lots @ $1 . 25/Lot $ 11 . 25 Total Water Charges $ 5, 108 . 91 TOTAL FEES AND CHARGES $16 , 039_ 26 -3- r . 7 . Subdivider has paid to the Cit, of Fr--sno, ini accordance with Article 13 , Chapter i3 of the Fresno Municipal -ode , the required fee to defray the costs of constructing planned local draina,e facilities for the removal of surface and storm water~ 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 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, vihich said pens ano specifications and standards are hereby referred to and adopted and made u part of this Agreement . In case there are not anv 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; speclLicc;rions o- the State of California , Division of Highways. All of said ; ori; and improvements and materials shall be done , per=ormeu and inSta,l-1 under the inspection of and to the satisfaction of tre City F'ncineer of the City . 9 . Prior to the approval by the Council of the Cite of said final map, the Subdivider small furnish to the City : a . Performance security in the sum of TY:irteen thousand Pine Hundred and no/i00 Dollars ( 413 , 900 .00 ) , 171,icr, is eq„ai to i00 of the total estimated cost of the work required . Five percent ( 50 ) of said amount shall be cash or a Certificate of Deposit , all to be conditioned upon the faithful performance of this Agreer;,ent ; and b. Payment security in the sum of Six Thousand Nine Hundred Fifty, and no/100 Dollars , $6 , 950 . 00 ) , whici, is .c 50 _ne total estimated cost of the work required to secure payment 1=o all contractors and suacontractors performing work- on laic 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 , 1.1arranty s2cur ty s::all ',)e furnished to or retained by the City , in the ar;ount of :pix Eundred L4inety-five and no/100 Dollars ($695. 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 Iunicipal Code , said warranty security shall be in the form of cash or a Certificate of -4- Deposit . he warranty security shall be returned to -he Subdivider , less any amount required to be used for fulfillment of the warranty one ( 1 ) year after final acceptance of the subdivision improvement . 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 wnatsoever 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, dariage 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 -wor': . 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 iabor or any defective materials and pay for any damage to other work resulting therefrom 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 i=ssuance 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 -5- the performance of the work contracted to Le &one , AnG for any work or labor thereon of any kind , and for amounts due under `he Unemployment insurance Hct of the State of Calilornia , uAh respect to such work or labor , and shall file with the City pursuant ro Section 3300 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 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 required retests shall be made directly to the Subdivijer or his agent for payment . Compaction test for water facilities i nstai3et by' she City of Fresno shall be paid for by the City of Fresno. 16 . she Subdivider shall comply with Street , Plumbing , Euiiding , Electrical , Zoning Codes and any other codes of the City . 17 . It shall be the responsibility of the Subdivider to coprdinate all work done by his contractors and subcontractors , such as scheJuling the sequence of operations and the determination of liability if one operation delays another . In no case shall representatives of thn Croy of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider . It shall further be the re.sponsibiliLy of the Subdivider to give the Engineer written notice not less than two ( 2 ) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the Engineer may cause delay for which the Subdivider shall be solely responsible . 18 . Whenever the Subdivider varies the period during ;:rich 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 prescribed . Defective work shall be made good , and unsuitable -6- materials c:lay be rejected , not. ith tanding the Lace that such cefective work and unsuitable riaterials have been previously overlooked by the Engineer or Inspector and ;accepted . 19. Any damage to the sewer system, concrete word; 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 w:-:ich 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 sprinklincr 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 rind 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 rhe City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer . If , within twenty-rour ( 24 ) hours after such personal service of such notice or within, forty-eight ( q8 ) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind , cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of 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 surfacing on any existing street is disturbed , this surfacing shall be replaced with temporary or -7- i,er ,al: =nt surrEcing within four=een ( 1= j calendar road:aay Shall be maintained in a sate and passai)le condit:iorl at aiI in between the commencement and final cciflpletion, and adequate dust control shall be maintained during these operations . 21 . The Subdivider shall install all _-treet inprovenents i.n accordance with Section 12-1012 of the Nunicipal 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 main._- , 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 r e same shall bind and inure to the benefit of the partes he-re-to ; their successor_- and assigns. 24 . ldo assignmen, of this Agreement or of any cute or ooligation of performance hereunder s.,a.11 be made in whole or in p ;rt i-n- the .Subdivider without the written consent of City . The parties have executed this Agreement on the day and Vear first above written. CAT. NO. NNO0636 � TO 1954 CA(7-82) TITLE INSURANCE (Corporation as a Partner of a Partnership) AND TRUST STATE OF CALIFORNIA AMOK COMPANY COUNTY OF Fresno } SS. On June 10, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the asis of satisfactory evidence to be the person who executed wthe within instrument as the President, t x pe�san�aHT�k�te mar eo�re�err>f►e�as>ls�f sarlsfatteiry*eWhlt,� - > mibx=c3=v)z== d =="r•'atapy-vf BpttPr Hnmos, Inc. fries the corporation that executed the within instrument on I behalf of Riverview Estates _ - W the partnership that executed OFFICIAL SEAL the within instrument, and acknowledged to me that such BETTY S. NAKAYAMA corporation executed the same as such partner and that a NOTARY PUBLIC-CALIFORNIA such partnership executed the same. .. FFICE "IBJ WITNESS my hand and official seal. �� ,'° PRINCIPAL COUNTY N FRESNO C My Commission Expires July 15,1983 Signature _jj � �� (This area for official notarial seal) r«sunaily know - �vl' tLOZ O 6 `N"Eary Public in and for w me or proved to me on the basis of satisfacto I = the within instrument as the ry evidence to be the w President, Person who executed to-4m-the- rsoti.tu Persoiraf(p-kaenvrr-to Bar sin H luesecuId.C-ivlthia-iastru� s�� erne-en-the-bests-erj_saiisfectiory,�.�e� ome s ����e•_ the corporatij that executed Feta y of ) behalf of ttlVerVlew a within instrument on states the partn hi the within instrument, and acknowledged�o mac that such ti corporation executed the same as such partner and that OFFICIAL SEAL — such partnership executed the same. BETTY S. NAKAYAMA WITNESS my hand and official seal. rr NOTARY PUBLIC-CALIFORNIA ?,ie^ PRINCIPAL OFFICE IN '�. FRESNO COUNTY Signature �j j My Commission Expires July 15.1983 (This area for official notarial seal)