HomeMy WebLinkAboutT-3402 - Agreement/Covenant - 6/30/2006 1
SUBDIVISION AGREEMENT
THIS AGREEMENT is made this AG 7W day of , A","
19 by and between the City of Fresno, a Municipal
Corporation, hereinafter designated and called the "City",
and Sunrise Unlimited, A Joint Venture, 2160 North Fine Avenue
Fresno California 93727
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 3402 'Sunrise Meadows`-
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 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.
APPRO D BY C11Y COUNCIL
�jA(`p M KYLE. LERK
By
DEPUTY
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 January 30 ,
19 83 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 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 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."
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ITEM NO. 6
b. All utility systems shall be installed under-
ground. The Subdivider's attention is di-
rected to the installation of street lights
in accordance with Resolution No. 68-187 and
Resolution No. 78-522. The Subdivider shall
construct a complete underground 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 Res-
olution No. 78-522 and shall be approved by
the City Traffic Engineer.
c. Water main extensions and services shall be
provided in accordance with applicable pro-
visions 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. Wet-Ties shall be in accordance with B-Job
No. 9614 . The amounts indicated as "Wet-
Tie Charges" are estimates only and serve as
a deposit to cover the actual cost of con-
struction. Should the actual construction
cost be less than the deposit, the subdivider
shall be refunded the difference. Should the
acutal 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.
g. Perform and construct all work shown on the
attached plans. (City Drawings #10C-4361 thru
IOC-4370 Water Job #3371 and Drawings
15C-4942 thru 15C-4947
unless specifically omitted herein.
a
i . The Subdivider has deposited with the City the sum
of 69,003. 43 for the following:
1. Inspection Fees . . . . . . . . . . . . . . . . .$ 10,994.78
2. Intersection Signing, 2 @ $ 90.00 . . . .$ 180.00
3. Traffic Regulatory Signing, 10 @ $ 35.00 $ 350.00
4. Street Trees, 37 @ $ 77.00 . . . . . . . $ 2,849.00
5. Plan Check Fees (Street) . . . . . . . . . . . . .$ 650. 15
6. Pond Maintenance Fee . . . . . . . . . . . . . . .$ 9
7. Sewer Trench Water Compaction Charge,
2,000 C,Y, @ $ 0.04 . . . . . . . . . . $ 80.00
8. U.G.M. Traffic Signal Charge; (Zone C )
20.06 AC. @ $ 370.00 . . . . . . . . . .$ 7,422.20
9. U.G.M. Major Street Charge; (Zone C )
20.06 AC. @ $ 855.00 . . . . . . . . . . . .$ 17.151.30
10. Sanitary Sewer Fees. . . . . . . . . . . . . . . .$
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10. Sanitary Sewer Fees . . . . . . . . . . . b x,344.52
a. Oversize Charge, Area 16
21. 10 AC. @ $ 240.00 . . . . . . $ 5,064.00
AC. @ $ . . . . . $
b. Lateral Charge,
AC. @ $ . . . . . $ A
AC. @ $ $
c. Plan Review Fee. $ 280.52
(Note: Major Facilities Fee
is to be Paid at Time of Development)
Total Sewer Charges. . . . . . . . . . . . $ 5.344.52
11. Water Charges. . . . . . . . . . . . . $__101847.83-
a.
40,847.83_a. Frontage
LF @ $ . . . . . $ A
LF @ $ . $
b. Fire Hydrant Charge
62G„366 SF @ $0.75/100SF • • • • • • $ 4,652.75
c. Transmission Grid Main
21. 10 AC. @ $ 375.00 . . . . . $ 7,912.50
d. U.G.M. Well Development Charge
Service Areas No. 135 & 136
19.70 AC @ $ 295.00 . . . . . $ 5,811.50
1.40 AC @ $ 310.00 . . . . . $ 434.00
e. 1" Water Meter Installed by City Forces
For Private Landscaping on Figarden
DR. . . . . . . . . . . . . . . . . . . .$ 85.00
f. "Wet-Tie" Charge . . . . . . . . . . . $21,600.00
(B Job No. 9614)
g. Plan Review Fee . . . . . . . . . . . . $ 352.08
Total Water Charges . . . . . . . . . $40,847.83 _
12. Present Credits/Future Reimbursements
a. Water
1. Fire Hydrants (future)
4 @ $300.00 EA . . . . . . . . . $ 1,200.00
2. Transmission Grid Main
Eligible for Refund (future). . . .$161926.00
TGM Grid Main
Present Credit. . . . . . . . . . $ 7,912.50 $( 7,912.501
Net TGM Grid Main
Refund (Future) . . . . . . . . . .$ 9,013.50
b. Sanitary Sewer -
Present Over Size Charge . . . . . $ 5,064.00
Estimated Oversize Main
Eligible for Refund . . . . . . $ 787. 50_ $ _787.50
Extra Depth Credit. . . . . . . .$ 1,260.00 $ 1,260.00
t_
Net Charges Due. . . . . . . . . $ 3,016.50
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1
t
c. Major Street Construction Credits
Present Charges. . . . . . . . . . . . $ 17,151.30
Total Estimated Credits*. . . . . . . .$( 6,906.35) $(6,906
Net Charges Due . . . . . . . . . . . .$ 10,244.95
* Final_ Amount to be Reimbursed
in accordance with FMC Section
11-226 (d) (Based on Audit of
"As-Built" Quantities)
Total Fees and Charges
(Less Present Credits) $69,003
13. Fee Deferments
a. Pursuant to Sections 12-4.508 and 12-4.509
of Fresno Municipal Code, the following
fees are being deferred by the City through
a covneant executed by the subdivider:
1. U.G.M. Park Fee JArea 6)
21. 10 AC @ $4,514.00 /AC. $ 95,245.40
h. As a condition of approval of the final map, the Subdivider
shall deliver to the City of Fresno a record copy of the
covenants, conditions and restrictions prior to the City's
acceptance of the subdivision.
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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.
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
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construction plans for said work on file in the Office of
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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:
(a) Performance security in the sum of three hundred thirty sel
thousand seven hundred Dollars ($ 337,700.00 ) ,
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 One hundred sixty eight
thousand, eight hundred fifty Dollars ($ 168,850.00 )
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.
(c) On acceptance of the required work, warranty security
shall be furnished to or retained by the City, in the amount of
Six thousand three hundred seventy seven Dollars
($ 6,377.00 ) , 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.
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.
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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
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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
f . ' y 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 allays 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 Corporatior.
• /
ATTEST. By
* r-/Public Vforks Diredtor
JACQULINE L. RYLE ,
CITY CLERK
BY: SUBDIVIDER: SUNRISE UNLIMITED, a Joint Ventut
Deputy
Join =' urer
APPROVED AS TO FORM:
a
JAMES A. McKELVEY '� F'h nci Scene Incorporated, a California
�brney tt
City Attorney ; o n., Jointurer
ion ��
. j- =_ � � r' .�-- _
BY �;' �� <' i SUBDIVIDER
Title i
r
*Attach Notary acknowledgment
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