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Home My WebLink AboutT-3453 - Agreement/Covenant - 6/30/2006 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 November 30 , 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 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 complete underground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of stan- dards 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 Section 13-120. 7012 of the Fresno Municipal Code. f. 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. g. Wet-Ties shall be in accordance with B-Job No. 9574 . The amounts indicated as "Wet-Tie Charges" are esti- mates only and serve as a deposit to cover the actual cost of construction. Should the actual con- struction cost be less than the deposit, the sub- divider 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. h. Perform and construct all work shown on the attached plans. (City Drawing Nos. 10-C-4355 through 10-C-4361, Water Job No. 3373 , Nos. 15-C-4932 through 15-C-4936 and FMFCD Plan No. AK-1-1 through AK-1-3) , unless specifically omitted herein. i. The subdivider has deposited with the City the sum of $124 ,539. 26 for the following: J1 17.(oOS,yS 1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . $ ($17, 605.45 less $7 ,863. 20 paid with Early Construction Agreement) 2. Intersection Signing, 5 @ $90. 00. . . . . . . . . . $ 450. 00 3. Traffic Regulatory Signing, 10 @ $35. 00. . . $ 350. 00 4 . Street Trees, 102 @ $77. 00. . . . . . . . . . . . . . . . $ 7 , 854 . 00 5. Plan Check Fees (Streets) . . . . . . . . . . . . . . . . . $ 844. 07 6. Pond Maintenance Fee. . . . . . . . . . . . . . . . . . . . . . $ 2 , 000. 00 7. Sewer Trench Water Compaction Charge, 6 ,925 C.Y. @ $0. 04/C.Y. . . . . . . . . . . . . . . . . . . . $ 277. 00 8. U.G.M. Traffic Signal Charge; (Zone E-4) 22. 93 AC. @ $300. 00/AC. . . . . . . . . . . . . . . . . . . . $ 6 ,879. 00 3 w , 9 . U.G.M. Major Street Charge; (Zone E-4 ) 22. 93 AC. @ $700 .00/AC. . . . . . . . . . . . . . . . . '. . . . . . $' 16 ,051 .00 10 . U.G.M. Grade Separation Fee; (Service Area E-4-A) , 22. 93 AC. @ $1,500. . . . . $ 34 ,395. 00 11 . Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . $ 6 , 312. 00 a. Oversize Charge; (Area 20) 26. 30 AC. @ $240. 00/AC. . . . . . $ 6, 312. 00 (Note: Major Facilities Fee is to be Paid at Time of Development) Total Sewer Charges. . . . . . . . . $ 6, 312 . 00 12. Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45 , 696 .94 a. Froftage 300 LF. @ $3.75/LF. . . . . . . . . . $ 1,125. 00 1, 323. 87 LF. @ $1 . 875/LF. . . . $ 2, 482. 26 b. Fire Hydrant Charge 853, 934 SF. @ $. 0125/SF. . . . . $10, 674 . 18 C. Transmission Grid Main 26. 30 AC. @ $375. 00/AC. . . . . . $ 9, 862 . 50 d. U. G.M. Well Development Charge (Service Area No. 132) 26. 30 AC. @ $310. 00/AC. . . . . . $ 8, 153 . 00 e. "Wet-Tie" Charge. . . . . . . . . . . . $13 , 400 . 00 Total Water Charges. . . . . . . . . $45 , 696 . 94 13. Present Credits/Future Reimbursements a. Water Fire Hydrants - Future 5 @ $300. 00/EA. . . . . . . . . . . . . . $ 1, 500. 00 b. Sanitary Sewer Estimated Oversize Main Eligible for Refund. . . . . . . . . $14, 21� . 00 Extra Depth Credit. . . . . . . . . . $18 ,368 . 00 Present Credit -_ Oversize Charge. . . . . . . . . . . . . . . . . . . ($ 6, 312 . 00) ($ 6 , 312 . 00 Estimated Future Refund. . . . . $2&,270. 00 (Based on Audit of "As-Built" Quantities) TOTAL FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . . $124 ,539. 26 (Less Present Credits) 14 . Fee Deferments A. Pursuant to Sections 12-4 . 508 and 12-4 . 509 of the Fresno Municipal Code, the following fees are being deferred by the City through a covenant executed by the subdivider : 1. U.G.M. Park Fee (Area 4) 26. 30 AC. @ $504 . 00/AC. . . . . . . . . . . . . $ 13,255. 20 4