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HomeMy WebLinkAboutT-3439 - Agreement/Covenant - 6/30/2006 t FRESNO COUNYY' CALIFORNIA S' AT--3.P..m,N. PAST.-A. _ M 83117 Rocording roquosted by5"' 8 ia8? C;,y Clark,r.vsno,Calllomis 1 No Foo.Govt.Coda 6103 6 27382 �+ Raturn to City Clark,Fmm SUBDIVISION AGREEMENT GALIN LARSON, FEE County Rocordor S ' THIS AGREEMENT is made this day ofIkL 3 , r- U 19VA� , by and between the City of Fresno , a Municipal C i' Corporation, hereinafter designated and called the "City" , and Demac, Inc. , a California Corporation. 4224 North Cedar Avenue , Fresno, CA 93726 (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 3439 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 NLi st`--eets 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 . c� AGREEMENT pptt11 cI BOOK7980PLGE J7 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 March 31 , 19 84 , 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 accordance with the construction standards contained in -e =_tv 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 er_gi.^.eerir_g, 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 G6497 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 4. c b. All utility systems shall beinstalled BOOK7980m- �10 underground. The subdivider ' sattention is directed to the installation of street lights in accordance with Resolution Sawn CITY OF FRESNOi,;(,r R r DEPA TMENT OF FINANCE i DATE _ L-- 19 ; 7 6 7. h �cj •ti ! NAME ��,1 C / 1 ,:t o eC4 ADDRESS r l HAS PAID INTO THE DEPARTMENT OF FINANCE AS FOLLOWS: FUNDDEPT./DIV EXP,/REV. G/L AMOUNT _ r.. o5 3 35 q r;3 ey All +fi r (/Jfl £10\ 0oAJSTI(' • C.� l�< 4 W A TF K N E�'rI d T, [E_5 k l 5 0 31 93 / 4-1 J0 TCEE7-5- z0iJE C) 3 4� e 05-/ 1 1, 7:7 6{ I L!' S uJCiO, ... J4 a 7 `17 y OM AT-OOC FUND DEPT./DIV. EXP./FEV. G/L AMOUNT CHECK CASH a a MONEY DIR .�._ : ORDER DEPC ry�' CHECK NO. D TE BANK NO:: -.AMOUNT i 9;,37 3 67 $[P- c`)z S Q 1 0 fs � DEPARTMENT OF FINANCE c 1 TOTAL BY PEFASE SIGN NAME O,+ S N r 4 .<«Kyt f� yoe+�i•'r.•t+1';I.'Si �47. 13ui !1%e i . pI a,.,. r 1 .:,lr Cr -x' +.r i i" l• + t,`,1 i .., f . 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UCM Sewer Trunk Fee ( Interim) 21 . 96 Ac @ $445. 00 . . . . . . . . . . . . . . . . . . . . . . . $ 9, 772 .20 14 .32 Ac @ $1 ,257. 00 . . . . . . . . . . . . . . . . . . . . . $18, 000. 24 2A �oaK�98�PacE 89 9. UGM Grade Separation Charge (Zone E-4-A Ashlan Avenue) 36.28 Ac @ $1 ,500.00 $54, 420. 00 10. UGM At-Grade Railroad Crossing Fee (Service Area E-4-B) 36.28 Ac @ $185. 00 $___61711 .80 11 . Sanitary Sewer Fees $14,487.70 a. Oversize Charge, 37.35 Ac @ $240.00 . . . . $ 8,964 . 00 b. Lateral Charge, 1 , 104.74 LF @ $5 . 00 . . . $_ 5,523.70 (Note: Major Facilities Fee is to be Paid at Time of Development) Total Sewer Charges . . . . . . . $14 , 847. 70 12. Water Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . $36, 493. 87 a. Fire Hydrant Charge 1,191, 616 SF @ $. 0075 $ 8,937. 12 b. Transmission Grid Main 37.35 Ac @ $375. 00 . . . . $14,006 . 25 c. UGM Well Development Charge (Area 122 ) 37 .35 @ $355. 00 . . . . . . . $13 ,259 . 25 d. Water Construction Charge 233 @ $1 .25 . . . . . . . . . . . $ 291 .25 Total Water Charges . . . . . . $36 , 493. 87 13 . Fee Deferments - Present Credits - Future Reimbursements a. UGM Fire Station Fee Credit Est. Cost Temporary Station 16 . . . . . . . . . . . $257, 078 . 00 Present Credit UGM Fire Station Fees (Service Rate) . . . . . . . ( $ 6 , 504 . 68 ) . . ($ 6 , 504 . 68 ) Future Refund . . . . . . . . . . . . $2_50, 573.32 Note : The Future Refund identified above is based on an estimated cost of the temporary facility. The Actual Refund shall be in accordance with the agreement between the City and the Developer dated July 1 , 1982 , for the installation of temporary Fire Station 16 . 2B BOOK 7980PAGE 90 b. Transmission Grid Main Charge Present Credit Against Future TGM Reim- bursement Eligible for Tract 3094 Future Eligible TGM Reimbursement Tract 3094 $34, 257. 90 Present Credit - TGM Charge for Tract 3439 . . ( $14, 006.25) ($14, 006. 25) (Reduction in Future Eligible TGM Refund for Tract 3094 ) Remaining Eligible TGM Reimbursement Tract 3094 . . . . . . . . . . . . . . $20,251 . 65 (Remaining Eligible Refund for TGM - Tract 3094 is an estimate only. Actual Refund shall be in accordance with FMC Section 14-101. 1(d) ( 2 ) c. UGM Park Fee - Deferred by Covenant (Service Area 4 ) 22. 12 Ac (R-1 ) @ $980/ac . $21 ,67.7. 60 15.23 Ac (R-2A) @$2, 456/ac $37 , 404 .88 Total . . . . $59, 082. 48 d. Fire Hydrants Future Reimbursement 11 ea @ $300 . . . . . . . . . . . . $ 3, 300. 00 TOTAL FEES & CHARGES $1814677 . 66 (Less Present Credits) Je i . The fee identified above as UGM Sewer Trunk Fee is a deposit only. In the event an interim UGM, Sewer Trunk Fee has not been adopted by Council within 60 days of the execution of this agreement by the City, the deposit shall be refunded to the developer by the City. Should an interim fee be adopted by Council which is greater than the deposit , the developer shall be responsible for paying the difference prior to issuance of any certificate of occupancy for units in the development . Should an interim fee be adopted by Council which is less than the deposit, the City shall refund the excess to the developer . j . As a condition of final map approval the developer is required to install landscaping and an irrigation system in a 10-foot landscape easement along Cornelia Avenue adjacent to the subdivision. The developer 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. 2C BOOK7980?AGc J1 Pursuant to Section 12-1013 ( Improvement Plans and Profiles) of the Fresno Municipal Code, the developer has posted $1, 576. 50 with the City guaranteeing the preparation of the detailed landscaping and irrigation plans for the required landscaping to be approved by the City. The developer agrees that, in the event the required plans have not been submitted by the developer to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required landscaping and irrigation plans. k. Outlots A and B of Tract 3439 are being dedicated to the City of Fresno for landscaping purposes with the Final Map of Tract 3439. The City agrees that, in the event the existing lots not included in this subdivision but which are adjacent to Outlots A and B apply for approval of a final map, parcel map or development approval through the special permit process, the City will attempt to collect reasonable fees to reimburse the developer of Tract 3439 for one-half of the cost of the improvements located in the right-of-way adjacent to Outlots A and B. The developer agrees that the reimbursement shall be conditioned upon the proposed developments requiring access to the public streets and submittal of acceptable evidence to the City that the developer of Tract No. 3439 has transferred fee title to Outlots A and B to the adjacent property owners. 1. As a condition of final map approval, the developer is required to pay a street tree fee in accordance with the master fee resolution. In lieu of paying the street tree fee, the Subdivider has posted improvement security in the amount of Nineteen Thousand Nine Hundred Forty-three Dollars ( $19, 943 .00 ) to guarantee planting and maintenance until time of occupancy of the required trees by the developer until the City accepts the street trees for maintenance purposes. Prior to planting any street trees in the subdivision, the developer agrees to submit a detailed landscaping plan for the entire subdivision to the City Parks Department for approval . The plan shall include the types, location, and number of trees proposed for planting. The developer agrees that the City shall not be obligated to accept any tree for maintenance purposes which is not included in the approved landscaping plan. m. The Subdiv'_der and the City hereby acknowledge and reaffirm the terms of the Development Agreement between the City, the Subdivider, and others, dated July 1 , 1982 , for the construction of a temporary fire station. In the event such agreement does not become effective, or in the event the Subdivider fails to perform its obligations pursuant to such agreement, the Subdivider shall not construct and/or occupy any structure on any even numbered restricted lot within Tract 3439 . The term " restricted lot : is defined in Section 1( e) of the Development Agreement and such provision is hereby made a part of this agreement . 2D BOOK (980m; i7? 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. 3 • BOOK�i�S�PA�� y.3 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 Eight Hundred Ninety Thousand-------------Dollars ($ 890 ,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 Four Hundred Forty- five Thousand-------------Dollars ($445 , 000 . 00 ) , which is equal to fifty percent of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvement. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City . (c) On acceptance of the required work , warranty security shall be furnished to or retained by the City, in the amount of Nine Thousand Nine Hundred Fifty---------------------Dollars ($ 9 ,950 . 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 . 10 . In accordance with Section 12-1014 of the Fresno Municipal Code , Subdivider may request acceptance by the City of portions of he work as it progresses and may further request partial release of the appropriate deposit. Should such work be certified by the Public Works Director as being in compliance with all terms of this agreement and the plans and specifications thereto, he shall accept the work and initiate procedures for a partial withdrawal of any deposit in bonds or money by the Subdivider. 4 L BOOK�J�(iP�C: 94 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 cr any defective materials and pay for any damage to other work e_S-_' ting 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 "-11 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. 5 • BOOK7 9 8 0 PAG: 9 5) 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. SA BOOK79SOP46E 06 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- to notify the Engineer may cause delay for which the __.."-:=der 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 to 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. 6 PGCE 97 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 Engineer. If, within 24 hours after such personal service 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 7 r BOOK70lrPAG� �8 c7 • . 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 bf 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, kMunicip, 1 Corporation ATTEST: By Public Works Director r, � z�_Qr::L�T_7E L. RYLE .: __ SUBDIVIDER: DEMAC , IDIC , - Deputy B , JohW B6nadelle, Presi en / 1 •� j wTr F Fresno-- _ + `s BOOK���jUPAuc3 oN_ September 17 82 before me, the undersigned a Notary Public in and for the said State, personally lappeared John Bonadelle Presi ent, and Dominic E: Marcelni n to me to be the to be — known _ S .;\1 the —_S to . VICKI � WA ecretary ot_ DEMAC 3NC.— me NOTARY PUB LfC _ SHF.I? _ —--- --- — --__ CALIF-oRp4,A I� the Cnrprration that executed the Wlttlln Instrument, known to me to be FRESNO CpUtJiY f executed the within Instrument, on behalf of the Corporation herein named, and acknowledged rdy comm. expires AUG 16, j9p to me that such Corporatinn Pxecuted the, within Instrument pursuant to its by or a of its hoard of directors WITNESS my hand and official seal. i! ACKNOWLEDGMENT--corp.—Pres. d $eC.—WOJCOttt formI' ??6—Rev. ]EI I I --— — Notary Public n and for said State.