HomeMy WebLinkAboutT-3416 - Agreement/Covenant - 6/30/2006 SUBDIVISION AGREEMENT
THIS AGREEMENT is made this day of X Z4440� , 1982,
by and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and WESTCAL, Inc. , a California
Corporation, 4224 North Cedar Avenue, Fresno, California 93726,
hereinafter designated and called the "Subdivider. "
RECITALS
1. The Subdivider has presented to the City a certain final map of
a proposed su division of land located within the corporate limits of the
City, and kn an and described as Tract 3416 - Brentwood Estates No. 2, a
copy of w ch map is attached to and made a part of this Agreement, and
said ubdivider has requested the City to accept the dedications
lineated 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
PPRO YE BY CITY COUNCIL
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� EUNE RY CITY CLER
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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 October 31, 1984, 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 3416, but which shall be completed
no later than October .31, 1985 . 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. "
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 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 underground street light systm
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 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 . Wet-Ties shall be in accordance with B-Job No. B9478. The
amounts identified above as Wet-Tie Charges are estimates only and
serve as a deposit to cover the actual cost of construction. Should
the actual construction cost be less than the deposit, the Owner
shall be refunded the excess. Should the actual construction cost be
greater than the deposit, the Owner shall be billed by the City of
Fresno for the difference and shall be directly responsible for
payment . City will notify Subdivider with respect to any overage or
shortfall of the actual cost as soon as practical after completion of
the work .
-g . Perform and construct all work shown on the attached plans
(City Standard Drawings 15-C-4974 thru 15-C-4998, and 10-C-4335 thru
10-C-4346 ; FMFCD Standard Drawings BO-3-1 thru BO-3-3; Water Job 3355
and FID Plans for Pipeline) , unless specifically omitted herein.
h. Subdivider shall be responsible for the cost of installing
landscaping and irrigation system for Outlot C of Tract 2840
(Floodway) . The cost estimated in September, 1980 was an amount not
to exceed $121, 587 ($10,856 per acre X 11 .2 acres) . The Subdivider
shall be responsible for that amount multiplied by an inflation
factor to be established using the California Construction Cost
Index, for the period from September, 1980 to time of actual
payment . The turfing and irrigation system shall be installed when
building permits for Tract 3416 are secured by the Developer, or by
September 26, 1983, whichever occurs first .
i . The Subdivider has deposited with the City the sum of
$105,103 . 28 for the following ;
( 1) Inspection Fees $ 26, 051 .44
(2 ) Intersection Signing, 16 @ $90 $ 1,440. 00
( 3 ) Traffic Regulatory Signing, 14 @ $35 $ 490. 00
( 4 ) Street Trees, 192 @ $77 $ 14,784 .00
(5 ) FID Pipe Maintenance Fee $ 2,300. 00
(6 ) Traffic Island Landscaping Fee,
100 LF @ $15 $ 1,500. 00
(7 ) Sewer Trench Water Compaction Charge,
6, 925 CY @ $0. 04/CY $ 277.00
(8 ) UGM Traffic Signal Charge; (Zone D-1/E-2 )
44 . 63 Ac @ $370 $ 16, 513. 10
(9 ) UGM Major Street Charge; (Zone D-1/E-2 )
44 .63 Ac @ $1,270 $ 56, 680. 10
( 10 ) Sanitary Sewer Fees $ 11,662 .85
(a) Oversize Charge
46. 61 Ac @ $240/Ac $ 11,186 .40
(b) Plan Review Fee $ 476. 45
(Note : Major Facilities
Fee is to be paid at time
of development . )
Total Sewer Charges $ 11 ,662. 85
( 11) Water Charges $ 58, 121 .29
(a) Fire Hydrant Charge
11468, 811 SF
@ $0 . 75/100 SF $ 11, 016. 08
( b) Transmission Grid Main
46. 61 Ac @ $375/Ac $ 17, 478. 75
(c ) UGM Well Development Charge
(Service Area No. 308 )
46. 61 Ac @ $440/Ac $ 20,508.40
(d) Water Construction Charge
192 Lots @ $1 .25/Lot $ 240. 00
( e) "Wet-Tie" Charge $ 81370. 00
(B #9478 )
( f ) Plan Review Fee $ 508. 06
Total Water Charges $ 58, 121 .29
( 12) Present Credits/Future Reimbursements
( a) Sewer Oversize-Present Credit
Sewer Oversize Fee
46. 61 Ac @ $240/Ac $ 11,186. 40
Present Credit-Extra Depth
320 LF @ $1. 00/LF ($ 320.00 ) ($ 320.00)
Present Credit-Oversize
320 LF ( 10" ) @ $2 . 50/LF ($ 800. 00) ($ 800. 00 )
Net Oversize Fee $ 10, 066 .40
(b) TGM Present Credit
TGM Charge
46. 61 Ac @ $375/Ac $ 17, 478. 75
Present Credit
918 LF ( 12" ) @ $6 . 00/LF ($ 5, 508. 00) ($ 51508. 00)
Net TGM Fee $ 11 , 970. 75
(c) Water Well Credits/Reimbursements
Well Development Charge-Present Credit
Against Future Well Development
Reimbursement Eligible for Tract 2840 :
Future Well Development
Reimbursement-Eligible
Financial Statement for
Tract 2840 $ 72, 392 . 83 (Estimate)
Present Credit-Well
Development
46. 61 Ac @ $440/Ac ( $ 20, 508. 40 ) ($ 20, 508. 40)
Remaining Eligible Well
Development Reimbursement
for Tract 2840 $ 51, 884 .43 (Estimate)
( d) UGM Major Streets Credits/Reimbursement
Major Street Charge-Present Credit
for Construction and Credit against
Future Reimbursement Eligible for
Tract 2840
Major Street Charge-Tract 3416
( Zone D-1/E-2 )
44. 63 Ac @ $1,270/Ac $ 56, 680. 10
Present Credit for
Estimated UGM Construction ($ 55, 164 . 00) ($ 55, 164 . 00)
Remaining Fee for UGM
Major Streets-Tract 3416 $ 1,516. 10
Future Eligible UGM
Major Street Reimbursement
per Financial Statement
for Tract 2840 $ 80, 277. 80 (Estimate)
Credit Remaining Fee
Tract 3416 ($ 1, 516. 10) ($ 1,516. 10)
Remaining Eligible UGM
Major Street Reimbursement
Tract 2840 $ 78, 761 . 70 (Estimate)
( e) UGM Traffic Signal Credit
Credit Assigned from
Tract 2840 to Tract 3416 ($ 900. 00) ($ 900. 00 )
( f) UGM Park Fee Credit
Parks Fees
(Service Area No. 2)
41 . 56 Ac (R-1 ) @ $688/Ac $ 28, 593 .28
5. 05 Ac (R-1-A) @ $212/Ac $ 1, 070. 60
Total Parks Fee $ 29, 663 . 88
(Per prior agreement with
the City, this entire fee
is credited against the
landscaping at the Floodway
in Outlot C of Tract 2840. )
(g) Fire Hydrant Reimbursements
(Future)
12 FH @ $300/FH $ 3, 600. 00
0 6 W1. ST. 132\DG F Fc--E
(Future reimbursement WN
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for fire hydrants shall v'1ANPtGEQ oNr-mVRR-`1 . cee
be in accordance with
Section 14-107. 1( b) of rv'tEvv\O V01-c p
the Fresno Municipal Code) tCt_ie� (MANVF�L L-oPEZ
( 13) UGM Fire Station Fees-Deferred
by Covenant
Fire Station Fees
( Service Area No. 15)
41 . 56 Ac (R-1 ) @ $605/Ac $ 25, 143 .80
5. 05 Ac (R-1-A) @ $188/Ac $ 949. 40
Total Fire Station Fees $ 26, 093 .20
TOTAL FEES AND CHARGES ( Less Present Credits) $105, 103.28
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.
B. 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 inspection of and to the satisfaction of the City Engineer of the
City .
9. a. The total estimated cost of the improvements is One Million
Six Thousand Six Hundred Dollars ($1,006, 600.00 ) . In order to secure
the performance of the terms of this Agreement, Subdivider agrees
that there shall be and is hereby created a lien upon the property
below described in the amount of One Million Four Hundred Fifty-nine
Thousand Five Hundred Seventy Dollars ($1 , 459, 570. 00 ) , which amount
represents 145% of said total estimated cost , 958 of which is
required to secure performance of the improvements and 508 of which
is 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 improvements. Five
percent ( 58) of the total estimated cost of the work shall be cash or
a Certificate of deposit .
b. The lien created by this Agreement may be enforced by the
City in the event of default by the Subdivider of any of the
provisions of this Agreement, by judicial foreclosure or by private
sale in the manner prescribed by law for the foreclosure of deeds of
trust and mortgages with powers of sale, and by any other legal or '
equitable means .
C. The lien may be released by the City upon receipt of
adequate alternative security acceptable to the City Attorney
pursuant to Section 12-1016 of the Fresno Municipal Code, or upon
compliance by the Subdivider with all the provisions of this
Agreement and acceptance of the improvements by the City.
d. The property encumbered by the lien is identified as
Assessor ' s Parcel Number 440-030-04 and more particularly described
as follows :
The Northeast quarter of the Southwest Quarter and the
Southeast quarter of the Northwest quarter, all in Section
21 , Township 13 South, Range 21 East, Mount Diablo Base and
Meridian, according to the Official United States Government
Township Plats; EXCEPTING THEREFROM the Southwest quarter of
the Southeast quarter of the Northwest quarter .
10. On acceptance of the required work, warranty s^curity shall be
furnished to the City in the amount of Ten Thousand Five Hundred
Thirty-three Dollars ( $10, 533. 00 ) , for guarantee and warranty of the
improvements 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 .
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
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' 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
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.
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.
15 . 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 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
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 .
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 such
personal 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, 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
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.
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.
or Y
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
irstabove written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
JAMES L. MARTIN
PUBLIC WO DI CTO
ATTEST:
JACQUELINE L. RYLE
City Clerk
B �11 Att&a'
Deputy
APPROVED AS TO FORM:
JAMES A. MCKELVEY
City Attorney
By (Attach Notary Acknowledgments)
STATE OF CALIFORNIA,
COUNTY OF__ Fresno ss.
ON November 8 19 82
before me, the undersigned, a No±ary Public in and for the said State, personally appeared
Robert A. McCaffrey known to me to be the
OFFICIAL SEAL President, and Paula A. DeYoung known to me
ch. to be the Secretary of Westca , Inc.
VICKI K \NA�,.ER
NOTARY PUBLIC - CALIFORNIA _ _
r FRESNO COUNTY y the Corporation that executed_ the within Instrumert_, k_nown to me to be the persons whc
My comm. expires AUG 116, 1933 executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
i
1 _
C ACKNOWLEDGMENT—Corp.—Pres. 6 Sec.—Wokotts Form 226—Rev.3•E6
w Notary Public i�andfor aid sta e.