HomeMy WebLinkAboutT-3351 - Agreement/Covenant - 6/30/2006 P. W. File No. 7617 Public Works Department
UGM Agreement No . 116 City! of Fresno
SUBDIVISION AGREEMENT
Tract No. 3351
Phase I of Tentative Tract No. 3351
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THIS AGREEMENT is made this day of 1984, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Westwood Partners, : General
Partnership, 8252 North Millbrook Avenue, Fresno, CA 93710 , 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. 3351, a copy of which map is
attached to and made a part of this Agreement , and said Subdivider has
requested the City to acgept 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. '
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APP RO CITY COUNCIL -
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JACQUE jLE,CI
By DE U
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3. Section 12-1012 of the Municipal Code of the Cita 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 tiling 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 May 31, 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. 3351 but no later than ', May 31, 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 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 Fresnp Standard
Specifications adopted March 5, 1970 , by Resolution No. 7',0-36, 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.
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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 Ma'p 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 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 undergound street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. , of standard's 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. Subdivider agrees to install 60 street trees ',within the
subdivision to City Parks Department standards for species tree
spacing, and planting methods.
i . Perform and construct all work shown on the attached plans
(City Drawing Nos. 15-C-5320 through 15-C-5326 inclusive; 10-C-4551
through 10-C-4554 inclusive; and Water Job 3392 ( 4 sheets) ) , unless
specifically omitted herein.
j . As a condition of final map approval , the Subdivider is
required to install landscaping and an irrigation system in a 10-foot
landscape easement along Millbrook Avenue adjacent to ', the
subdivision. The Subdivider has executed a covenant with the City of
Fresno guaranteeing maintenance of the required landscaping until
such time as a maintenance district has been formed to provide for
continued care and maintenance of the required landscaping .
k. The condition of tentative map approval which required the
Subdivider to install "a water well is satisfied by Council 's action
to approve creation of Water Well Service Area 101-S and City
construction of the well in this new area. The Subdivider is
required to pay the water well fees for Area 101-S .
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1. The Subdivider has deposited with the City the sum of
Ninety-two Thousand Three Hundred Four and 32/100 Dollars
($92,304. 32) for the following :
(1) Inspection Fees $6,416.62
(9,338 .91 less $2,922. 29
paid with Early Construction Agreement)
( 2) Intersection Signing , 5 @ $90.00 $450 .00
( 3) Traffic Regulatory Signing , 12 @ $35. 00 , $420.00
( 4) Street Tree Inspection Fee, 60 trees @ $8 .75 $525.00
( 5) UGM Traffic Signal Charge,
9. 44 Ac @ $370 .00/Ac $3 ,492.80
( 6) UGM Major Street Charge; (Zone E-1)
9. 44 Ac . @ $2. 230 .00/Ac $21 ,051. 20
(7) UGM Major Street Bridge Charge (Zone E-J)
9. 44 Ac . @ $125.00/Ac. $1 ,180. 00
q10. 14
ire Station Fee,
ice Area No. 13)
District R-1
Ac @ c $2, 545. 14
( 9) Sanitary Sewer Fees $6 ,071 .75
(a) Oversize Charge
10 . 14 Ac @ $240.00/Ac $2,433. 60
UGM Reimbursement Area 4
(b) Lateral Charge
727.63 LF @ $5.00/LF $3,638. 15
(Note: Major Facilities
Fee is to be paid at time
of development. )
Total Sewer Charges
(10) Water Charges $15 ,623. 81
(a) Frontage
727.63 LF @ $1 .875/LF $1,364. 31
(b) Fire Hydrant Charge
Zone District R-1
306 ,500 SF @ $0 .75/100 SF $2,298 .75
(c) Transmission Grid Main
10.14 Ac @ $375.00/Ac $3,802. 50
TGM Reimbursement Area A
(d) UGM Well Development
Charge (Well Service Area 101-5)
10. 14 Ac . @ $800.00/Ac. $8,112. 00
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(e) Water Construction Charge
37 Lots @ $1 . 25/Lot $4,6. 25
Total Water Charges $15 ,623. 81
(11) FMFCD Drainage Fee $31,090. 00
(Note: This is the drainage fee
currently in effect. If the Council
- should approve an increase in rates
prior to final map approval, the Subdivider
shall pay at the new rate.
(12) Landscape Maintenance District
Formation Charge $3 ,438 .00
a) Legal Fees $2, 000. 00
b) City Staff/District Formation $1,000 .00
c) Assessment District Proceeding
Fee ($100 .00 + $4.00/Lot) $248.00
d) Mailing & Posting $120.00
e) County Processing Fee $70 .00
Total $3 43 .00
TOTAL FEES & CHARGES $92 ,304. 32
(13) Fee Deferments - Future Reimbursements
a) UGM Neighborhood park Fee
Deferred by Covenant Service
Area No. 1, Zone District R-1
10. 14 Ac . @ $982. 00/Ac . $9 95 . 48
b) Fire Hydrant Reimbursement
3 F.H. @ $300.00/F.H.
Note: This refund shall be made
in accordance with Section 14-107.1 (b)
of the Fresno Municipal Code
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
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
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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 inspection of and to the satisfaction of the City Engineer of the
City.
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 Two Hundred Eighty-five
Thousand Seven Hundred and 00/100 Dollars ($285 ,700.00) , 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; and
b. Payment security in the sum of One Hundred Forty-two
Thousand Eight Hundred Fifty and 00/100 Dollars ($142,850.00) , 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 labors 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 Five Thousand
Eight Hundred Fifty-seven and 00/100 Dollars ($5,857. 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.
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
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• liab•ility , 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 andliability,
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 (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
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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
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
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 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 t6 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
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.
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.
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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
suchpersonal service of such notice or within forty-eight ( 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
thereafter fail to maintain adequate dust control, the City Engineer may,
without further notice of any kind ,11cause 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
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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
permanent surfacing within fourteen (14) calendar days , and the roadway
shall be maintained in a safe and passable condition at all times between
the commencement and final completion, 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, the City of Fresno Standard Specifications , and the construction
plans.
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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 City.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
JAMES L. MARTIN WESTWOOD PARTNERS ,
IVPUBLIC WO K DIRECTOR a General Partnership
By La Chapelle Corporation, Partner
B �
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ATTEST . Da a Mesple, esident
JACQUELINE L. RYLE
City Clerk By Andes Corporation, Partner
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By By v
Deputy Larry Mese le, Pre dent
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By (Attach Notary Acknowledgment)
GA-.dr
5979G/137
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STATE OF CALIFORNIA)
SS.
COU-TTY OF FRESNO )
On this, day of 4Z—,- 19 before me, the undersigned, a' Notary Public in and
for said County ands tate, personally appeared DALE E. MESPLE personally known to me to
be the President of IA C.HAPEITF CORPORATION and personally appeared IARP.Y P,ESPIE personally
known to me to be the President of ANDES CORPORATION, the corporations that executed the
within instrument and known to Tw to be the persons who executed the within instrument on
behalf of said corporations, said corporations being known to me to be all of the partners
of WESTWOOD PARTNERS, the partnership that' executed the within instruunent, and acknowledged
to me that such corporation executed the same as such partners and that such partnership
executed the same.
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2i' i1 OFFICIAL SEAL l
Q Jenny L. Ellinghouse L9
Notary y Pu 61Ic, California
Principal ',Office In
Name typed or printed) Fresno ',County
Notary Public in and for said County and State ! MY Com. Expires July 26, 1985 4
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