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HomeMy WebLinkAboutT-3428 - Agreement/Covenant - 6/30/2006 i SUBDIVISION AGREEMENT THIS AGREEMENT is made this /Zday of , 19_a, by and between the City of Fresno , a Muni pal Corporation, hereinafter designated and called the "City" , and Ernest W. Hahn, Inc. , a California Corporation 200 Continental Blvd. ; E1 Segundo , California 90245 . (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. 3428 - Phase I (UGM No. 117) 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 . ��IPPROVED B CITY COUNCI I.C.C Q- ..� . 19 � JAC U NE L/RYLJ,CITX�L E.R<�� By DEP TY 1 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 improve- ments hereinafter specified on or before August 31 , 19 82 , 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 comple- tion of -the work. The Developer shall file a written re- quest 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. " 2 + i b. All utility systems shall be installed under- ground. 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 com- plete 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 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 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 Sec- tion 13-120. 7012 of the Fresno Municipal Code. f. All "Dead-End" streets created by this subdivision shall be barricaded in accordance with City stan- dards 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. 9520 and 9471. The amounts indicated 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 subdivider shall be refunded the difference. Should the actual 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. i. A portion of the improvements to be installed in Shields Avenue as a condition of final map approval are not a part of the subdivider ' s normal obligation. The City of Fresno agrees to reimburse the subdi- vider for the improvements in Shields Avenue in accordance with the following: 1. The exact work to be paid for by the City shall include all the work shown on City Standard Drawing No. 15-E-3078 ; all the work shown on City Standard Drawing No. 15-E-3079 , with the exception of the curb, gutter, sidewalk and the south 18 feet of permanent pavement; and, all the work shown on City Standard Drawing No. 15-E-3080 , which lies 20 feet north of section line and between Engineer' s Station 39+6231 and Station 42+55 , inclusive. 3 r 2 . The estimated amount of the work and improvements identified above is $66 , 000 . 00 . the actual amount of the reimbursement to be made to the subdivider by the City shall be determined by audit of the "as-built" quantities . 3 . Payment shall be made to the subdivider by the City in the normal course of City business upon completion and acceptance of the work by the City, and receipt of a financial statement to be provided by the subdivider reflecting the actual cost of the work identified, together with a copy of the contractor ' s certificate and release to the subdivider verifying payment to all subcontractors and persons providing mate- rials and labor necessary to accomplish the work and improvements identified above . j . Perform and construct all work shown on the attached plans . (City of Fresno Standard Drawings 15-E-3076 through 15-E-3086, 10-E-1085 through 10-E-1093 , Water Job No. 3357 , FMFCD Standard Drawings BU-6-2 , and irrigation pipeline plans consisting of three sheets for Tract 3428) , unless specifically omitted herein . k. The subdivider has deposited with the City the sum of $.112 , 108 . 84 for the following: 1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 , 514 . 08 (Sewer and Water Inspection Fee Paid with Early Construction Agreement) 2 . Intersection Signing, 3 @ $70 . 00 . . . . . . . . . . . $ 210 . 00 3 . Traffic Regulatory Signing, 26 @ $35 . 00 . . . . $ 910 . 00 4 . Street Trees , 121 @ $36 . 00. . . . . . . . . . . . . . . . . $ 4 , 356 .00 5. Plan Check Fees (Streets) . . . . . . . . . . . . . ... . . . $ 1,190 .63 6. Pond Maintenance Fee. . . . . . . . . . . . . . . . . . . . . . . $ 3 ,000 .00 7 . Sewer Trench Water Compaction Charge, 5 , 775 C .Y . @ $0 . 04 . . . . . . . . . . . . . . . . . . . . . . . . . $ 231 .00 8 . U.G.M. Traffic Signal Charge, 35 . 7 AC. $ $300 . 00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 ,710 . 00 9 . U.G.M. Major Street Charge; (Zone E-2) 35. 7 AC. @ $680. 00 . . . . . . . . . . . . . . . . . . . . . . . . . $ 24 ,276 .00 10 . U.G.M. Park Fee; (Service Area No . 2) 37. 97 AC. @ $230 . 00 . . . . . . . . . . . . . . . . . . . . . . . . $ 8 ,733 .10 11. Sanitary Sewer Fees . . . . . . . . . . . . . . . . . . . . . . . . $ 31 ,083 .00 a. Oversize Charge; (Area 38) 68 . 88 AC. @ $310. 00 . . . . . . . . . $21 , 352 . 80 b. Lateral Charge, 1417 . 22 L.F. @ $5 . 00 . . . . . . . . $ 7 , 086 . 10 264 . 41 L.F. @ $10 . 00 . . . . . . . . $ 2 , 644 . 10 (Note : Major Facilities Fee is to be Paid at Time of Development) Total Sewer Charges . . . . . . . . . . . . . . $31 , 083 . 00 4 12 . Water Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 76 ,261 .18 a. Zrontaj 296 . 41 L.F. @ $1 . 875 . . . . . . $ 555 . 76 1385 . 22 L.F. @ $3 . 75 . . . . . . $ 5 , 194 . 58 b. Fire Hydrant Charge, 1, 414 , 083 S.F. @ $ . 0125 . . . $17 , 676 . 04 C. Trans . Grid Main (Ser. Area E) 68 . 88 AC. @ $375 . 00 . . . . . . . $25 , 830 . 00 d. U.G.M. Well Development Charge (Service Area No. 310) 37 . 97 AC. @ $440. 00 . . . . . . . $16 , 706 . 80 e. Tap Charge , (Tap and Meter) 1-1/2" X 1-1/2" @ $749 . 00 . $ 749 . 00 f. Meter Charge, One 1-1/2" @ $174 . 00 . . . . . . $ 174 . 00 g. "Wet-Tie" Charge . . . . . . . . . . $ 9 , 375 . 00 (B-Job No . 9520 and 9471) Total Water Charges . . . . . . . . . . . . $76 , 261 . 18 13 . Present Credits/Future Reimbursements a. Traffic Signal Charge Credit Traffic Signal Charge . . . . . $10 , 710 . 00 Present Credit/Traffic Signal Construction. . . . ($ 4 , 710 . 55) ($ 4 ,710 .55) Net Traffic Signal Charge . $ 5 , 999 . 45 b. Major Street Charge Eligible Major Street Reimbursement. . . . . . . . . . . $59 , 927 . 50 Present Credit Major Street Fee. . . . . . . . . . . . . ($24 , 276 . 00) ($ 24 ,276 . 00) Future Reimbursement. . . . . . $35 , 6 1 . 50 C . Sewer Oversize Reimbursement Estimated Eligible Refund. $20 , 247 . 50 Sewer Overdepth Credit. . . . $10 , 314 . 00 Present Credit Oversize Charge. . . . . . . . . . . . . . . . ($21 , 352 . 80) ($ 21 , 352 . 80) Future Reimbursement. . . . . . $ 9 , 208 . 70 (Actual Refund Shall Be Deter- mined By Audit of As-Built Quantities) d. Transmission Grid Main Credit Trans . Grid Main Charge . . . $25 , 830 . 00 Present Credit Estimated Construction Cost. . . . . . ($11 , 026 . 80) ($ 11 , 026 .80) Net Transmission Grid Main Charge . . . . . . . . . . . . . . . . . $14 , 803 . 20 e. Fire Hydrant Future Refund 10 EA @ $300 . 00 . . . . . . . . . . . $ 3 , 000 . 00 TOTAL FEES AND CHARGES . . . . . . . . . . . . . . . . . . . . ($112 ,108 . 84) (Less Present Credits) 5 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 construction plans for said work on file in the Office of 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. 6 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 Seven Hundred Eighty . Thousand------------Dollars ($780 , 000. 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 Three Hundred Ninety Thousand----------------Dollars ($390, 000. 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. 10. On acceptance of the required work , warranty security shall be furnished to or retained by the City, in the amount of Nine Thousand Four Hundred--------------------------Dollars ($9 , 400. 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. (a) Any and all other improvement security as required by the Fresno Municipal Code , Section 12-1016 . 7 11 . The City shall not be liable to the Subdivider or I, A 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. 8 .y 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. 9 r ; • 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 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 11 •'1 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 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 the City. The parties have executed this agreement on the day and year first above written. CITY OF FRESNO, a Municipal Corporation ATTEST: By , - Publ ' * orks irector JACQ ,NE L. KYLE CIT CLE BY1e_ _ �(��±� �� SUBDIVID R: epu APPROVED AS TO FORM: J JAMES A. McKELVEY Au" 1�t�" City Attorney ASSistant Se-cretarK) By SUBDIVIDER Title *Attach Notary acknowledgment 12 STATE OF (a ) SS COUNTY ) On ( , before me, the undersigned, a Nota Pu c in and fo sai County and State, personally appeared known to me to be the President, and known to me to be the Se etary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein 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 . �Xx:s:cxxx:e:�scuxxus:r fs:ys:s:nxx>Kxxa N ry u b l i c OFFICIAL SEAL LOUIS J. MNTARESE p NOTARY PUBLIC•C-A1110RNIA j LOS ANGELES COUNTY �[.O[il� V "I'red.? thy Commission Expires June• /i' 4','1982 ¢� �7 x�cu+asn�rasx.sxxse»scacsrrx�s ,I le ,::.