HomeMy WebLinkAboutT-3521 - Agreement/Covenant - 7/3/2006 V
P. W. File No. 7825 Public Works Departmert
City of Fresno
SUBDIVISION AGREEMENT
THIS AGREEMENT is made this 31S'" day of , 1983, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and TREND HOMES , INC. , a California
Corporation, 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. 3521 , 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.
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 :
AWED BY CITY COUKCILL-19
�
JA 4EYLE,:ITY CLE
By TY /
4. The Subdivider shall perform the work and improvements
hereinafter specified on or before May 31 , 1984, to the satisfaction of
the Director of Public Works of the City, except as follows : ( 1) the
sidewalk and drive approach construction which shall be completed upon
construction of the residential dwellings in Tract No. 3521 but no later
than May 31 , 1985; (2 ) the full section of Cornelia Avenue shall be
completed no later than November 15, 1983 . 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, except any major trunk lines existing
along Cornelia Avenue, shall be installed underground . 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 undergound 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 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.
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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. Perform and construct all work shown on the attached plans
(City Drawing Nos. 15-C-5116 thru 15-C-5119) , unless specifically
omitted herein.
g . Subdivider shall pay for' the construction of the required
at-grade railroad crossing at Cornelia and the Southern Pacific
Transportation Company (SPTC) track in the Gettysburg Avenue
alignment. ' Subdivider shall submit the amount determined by the
railroad company upon demand. Subdivider has deposited with the
City, as security for the railroad crossing construction, a
Certificate of Deposit in the sum of Fifty-two Thousand Five Hundred
Seventy-nine and 52/100 Dollars ($52, 579.52) , which amount represents
the estimated cost of construction of said railroad crossing less the
amount previously paid into the fund account by Tract 3439 and Parcel
Map 82-09 for such work.
Upon receipt of the billing from SPTC after completion of
the at-grade crossing work, the Subdivider shall pay in full the
amount stipulated by SPTC to the City. In the event payment is not
rendered within thirty (30 ) days of demand, the City will use the
Certificate of Deposit to make payment to SPTC; however , should such
billing exceed the amount of the Certificate of Deposit , the
Subdivider will remain fully liable for the total billing amount . If
the billing amount is less than the Certificate of Deposit , the City
will .refund the excess to the Subdivider .
h. 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 Three Thousand Two
Hundred Thirty-four and no/100 Dollars ( $3,234.00 ) 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.
Srior to planting any street trees in the subdivision, the
developer agrees to submit a landscaping plan in accordance with
Parks Department "Street Tree Planting Specifications" for such
street trees within the public right-of-way for the entire
subdivision to the City Parks Department for approval . The plan
shall include the types, general 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.
i . The Subdivider has deposited with the City the sum of
Fifty-one Thousand One Hundred Seventy-one and 13/100 Dollars
($51, 171 .13) for the following :
( 1) Inspection Fees $ 4 , 458. 54
(2 ) Traffic Regulatory Signing , 4 @ $35 $ 140.00
(3 ) UGM Major Street Bridge Charge ( Zone E-4 )
8 . 37 Ac @ $30/Ac $ 251 . 10
(4 ) UGM Trunk Sewer Fee
(Service Area - Cornelia)
8 . 37 Ac @ $1 ,257/Ac $10,521 .09
(5 ) Sanitary Sewer Fees $21 , 400.40
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(a) Lateral Charge
2, 140. 04 LF @ $10/LF $21, 400. 40
(Note: Major Facilities .
Fee is to be paid at time
of development . )
Total Sewer Charges $211400. 40
(6 ) Water Charges $14,400.00
(a) Tap Charge
48 one-inch @ $300 $14, 400.00
Total Water Charges $141400. 00
TOTAL FEES AND CHARGES $51 , 171. 13
(7 ) Fee Deferments - Present Credits - Future Reimbursements
( a) UGM Fire Station Fee Credit
Estimated Future Refund for
Construction of Temporary Fire
Station 16 carried forward
from Tract 3439 Agreement $250 , 573 .32
Present Credit - Fire Station
.Fee, Service Area 16, Zone
District R-2-A
10. 43 Gross Ac @ $308/Ac
(Service Rate per Agreement
with Demac, Inc. , et al,
dated July 1 , 1982) ($ 3, 212. 44 )
Estimated Future
Reimbursement $247, 360 . 88
(Note: The Future Reimbursement 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 developer dated July 1, 1982,
for the installation of temporary Fire
Station 16.
b. UGM Park Fee - Deferred by Covenant
Service Area 4, Zone District R-2-A
10. 43 Gross Ac
@ $2 , 456/Ac $ 25, 616. 08
c. UGM At-Grade Railroad
Crossing Fee Credit
Estimated Future Refund
for construction of
Cornelia SPRR Grade
Crossing after credit
for Tract 3439 and
Parcel Map 82-09 $ 52, 579. 52
Present Credit -
Cornelia Service Area
8 . 37 Ac @ $185/Ac
(Service Rate) ($ 1, 548. 45)
Estimated Future
Reimbursement $ 51 ,031 .07
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Note: The following fees not charged because they
were paid or satisfied with underlying Tract 3094 :
( 1) Sewer Oversize Charge
(2) Fire Hydrant Charge
(3) Transmission Grid Main Charge
(4 ) UGM Water Well Charge
(5) UGM Major Street Charge
(6 ) UGM Traffic Signal Charge
(7 ) UGM Grade. Separation Charge
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.
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 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. A,11 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 Hundred
Thirty-five Thousand Nine Hundred and no/100 Dollars ($135,900.00) .
In order to secure the performance of the terms of this Agreement,
Subdivider agrees that the City will retain any security it holds by
that certain Deed of Trust recorded April 9, 1980, at Book 7500,
Page 390, et seq, on Outlots B and C of Tract No. 3094 as security
for the installation of the improvements required by this Agreement .
Said Deed of Trust is to secure performance of the improvements only
to the extent of 95% of the estimated cost and to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them to the extent of 50% of the estimated cost of said .
improvements. Five percent (5%) of the total estimated cost of the
work, Six Thousand Seven Hundred Ninety-five and no/100 Dollars
($6, 795. 00 ) , shall be cash or a Certificate of Deposit .
b. The lien retained by the City under 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 . After construction of the full pavement section of Cornelia
Avenue to the satisfaction of the Public Works Director, the
developer may request and the City will reconvey individual lots of
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Tract No. 3521, in groups of not fewer than sixteen ( 16 ) lots, from
the Deed of Trust based on a formula computed as follows :
$ of Individual Lots = Total Value of Work Completed to Date
to be Reconveyed Total Estimated Cost of Improvements
The Total Value of Work Completed to Date will be determined
by proof of paid invoices submitted by the Subdivider and verified or
approved by the City. The Total Estimated Cost of Improvements will
be the One Hundred Thirty-five Thousand Nine Hundred and no/100
Dollars ($135,900 . 00) identified in Paragraph 9a above. If the
actual contract amount for the work is less than the Total Estimated
Cost, the lesser amount shall be used in the above calculation. In
no event, however, will partial .reconveyance occur until such time
that the full section of the Cornelia Avenue construction has been
completed to the satisfaction of the City Engineer .
d. Final acceptance of the required improvements by the City
for one-year warranty shall result in the full reconveyance of all
remaining lots under said Deed of Trust. The lien may also 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.
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Four Thousand
Three Hundred Fifty-nine and no/100 Dollars ($4, 359. 00 ) , for guarantee
and warranty of the work 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. The warranty security shall be returned to the
Subdivider, less any amount required to be used for fulfillment of the
warranty one ( 1) year after final acceptance of the subdivision
improvement .
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,
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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 ( 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 4f 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.
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• 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 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 In-epector 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
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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.
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.
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V
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal' Corporation
TREND HOMES, INC.
JAMES L. MARTIN
PUBLIC WDRKS DI ECTO
B
Title
ATTEST;
JACQUELINE L. RYLE
City Clerk _ By
By �� � Title rgfCT r
Deputy
APPROVED AS TO FORM :
JAMES A. MCKELVEY
City Attorney
By (Attach Notary Acknowledgment)
- -------------------- ---- - ----
Stateof California On this the 12ttbayof May 19 83,before me,
County of Fresno SS' Vicki K. Flasher
the undersigned Notary Public,personally appeared
************Rc)hPrt A- Me-raffrav*****
® personally known tome
OFFICIAL SEAL 0 proved to me on the basis of satisfactory evidence
VICKI K WASHER
sem` to be the person(s)who executed the within instrument as
NOTARY PUBLIC - CALIFORNIA
FRESNO COUNTY or on behalf of the corporation therein
My comm. expires AUG 16, 1983 named,and acknowledged to me that the corporation executed it.
WITNESS my ha d and official seal.
Notary's Ignature
CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland Hfs,CA9
State of California On this the 24± tlay of May 1�3,before me,
County of Fresno SS. Vicki K. 11asher
the undersigned Notary Public,personally appeared
John Bonadelle
_ personally known tome
OFFICIAL SEAL O proved to me on the basis of satisfactory evidence
VICKI K WASHER
v NOTARY PUBLIC -CALIFORNIA to be the person(s)who executed the within instrument as
FRESNO COUNTY or on behalf of the corporation therein
! � My comm. expires AUG 16, 193= named,and acknowledged to me that the corporation executed it.
WITNESS my hand and fficial seal.
Notary's Ignature
CORPOP.1'E ACKNOWLEDG^LENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•Woodland tn015,CA