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HomeMy WebLinkAboutT-3529 - Agreement/Covenant - 7/3/2006 r r J,:,. 303-190-10 and 54 a► P. :�. File No. 7856 UGM AGREEMENT NO. 154 FOR SERVICE DELIVERY CONDITIONS This Agreement is made and entered at Fresno, California, and is St effective this day of IWA V 1983, by and between the i CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called "City, " and HORIZON, a Limited Partnership, R. L. NELSON, General Partner, hereinafter designated and called "Developer, " without regard for number or gender . RECITALS 1 . The Developer proposes to improve the following described property and construct a 96-lot residential subdivision plus one common lot for planned unit development purposes under Conditional Use Permit No. 6676 : Parcel "C" of Parcel Map No. 79-91 according to the map thereof recorded in Book 35 of Parcel Maps at Page 14, Fresno County Records, together with the East half of the West 642 . 00 feet of Lot 164 of PERRIN COLONY NO. 2 according to the map thereof recorded in Book 4 at Page 68 of Plats, Fresno County Records. 2 . This property is located within the Urban Growth Management Area. 3 . The Urban Growth Management Ordinance of the City of Fresno, and related provisions , establishes a process intended to identify demands on municipal facilities, improvements, or services created by any proposed development: and to provide the means of satisfying such demands through service delivery requirements. 4 . The development and construction as proposed by Developer 1_acks certziin necessary municipal facilities, improvements, and services . 5 . The Council of the City of Fresno has approved Developer ' s Urban Growth Management Permit Application No. 154, subject to several conditions which provide for the necessary municipal facilities, improvements, and services for such development. A copy of this Urban Growth Management Permit Application and the applicable conditions are attached hereto and made a part of this Agreement . 6 . The Council of the City of Fresno deems it appropriate and equitable that the costs of these conditions be borne by the proposed development which will benefit directly therefrom. APPfa.VED BY CITY COI 101. 19 JACQU41NE L. RYLE,CITY CLERK B °• - DEPUTY V s 1 7. This Agreement is to provide for the installation of all improvements required by the Council in approving Developer ' s Urban Growth Management Permit Application. AGREEMENT In consideration of the processing of development permits or entitlements for the Developer in accordance with usual City policies and procedures applicable to developments within the Urban Growth Management Area, it is mutually agreed and understood by and between the Developer and the City, and the Developer and the City do hereby mutually agree, as follows : 1 . The Developer shall : a. Comply with any and all laws, ordinances, and conditions applicable to the granting of a Conditional Use Permit and the issuance of a building permit; and b. Conform all plans, specifications, and work done, and to be done, to the requirements of the Fresno Municipal Code and all other pertinent laws or ordinances ; and C . Pay all pertinent charges and deposits; and d . Complete all other necessary procedures required by the City of Fresno. 2 . The Developer shall perform the work and furnish, construct, and install all improvements hereinafter specified not later than November 30,, 1983, to the satisfaction of the Public Works Director of the City. No occupancy permit shall be issued until all required work has been completed and all improvements have been constructed . The issuance of any occupancy permit shall not be construed, in any manner, to constitute an acceptance and approval of any or all of the streets and improvement: required of Developer . 3 . ThE� work and improvements more specifically shown on the attached plans and part of this Agreement, shall be done in strict conformance with standards designated in City of Fresno Standard Specifications adopted March 5, 1970, by Resolution No. 70-36 as amended, and in Article 12 of Chapter 12 of the Fresno Municipal Code . In case there are nct any standard specifications of the City for any of said work, it is agreed the same shall be done and performed in accordance -2- — with the standards and specifications of the State of California, Department of Transportation. 4 . All work and improvements shall be done at the sole cost and expense of Developer . The City shall inspect all work . Unless otherwise specified, the costs of engineering inspection and testing shall be the sole resporisibility of Developer . All work , improvements, and materials shall be done, performed and installed to the satisfaction of the City Engineer . 5. The work and improvements are as follows : Street , Sewer , and Water work as per drawings 15-C-5108 thru 5110 inclusive, and 10-C-4448 and 4449 . 6 . Prior to the issuance of granting of a building permit for said development. , the Developer shall pay the following fees : ✓ a. UGM Fire Station Capital Fee ( Station 13 ) .JIVOZ'S6b9 9 . 52 gross acres @ $307/gross acre $ 2 , 922 . 64 / b. UGc9 Neighborhood Park Capital Fee ( Service Area 1) 9 . 52 gross acres @ $2 , 462/gross acre $23 , 438 .24 ,/c . UGM Traffic Signal Charge 8 . 92 gross acres @ $370/gross acre $ 3, 300 .40 v/d . UGM Major Street Bridge Charge ( Zone E-1 ) 8 . 92 gross acres @ $125/gross acre $ 1 , 115. 00 e. UGM Major Street Charge ( Zone E-1 ) 8 . 92 gross acres @ $2 ,230/gross acre $19, 891 . 60 Eligible Major Street Construction Credit ( 36, 581 . 50) Future Reimburseable Amount ($16, 689 . 40 ) Net UGM Major Street Charge -0- f. Water Connection Charges Fire Hydrant Charge 157, 310 SF @ $0 . 75/100 SF 1 , 179 . 82 Transmission Grid Main Charge ( UGM Reimbursement Area A) 9 . 52 gross acres @ $375/gross acre $ 3, 570 . 00 Eligible TGM Credit ( 11 , 492 . 00 ) Future Reimburseable Amount ( $ 7, 922 . 00 ) Net TGM Charge -0- ✓ UGM Water Supply Well Charge (Well Area 101) 9 . 52 gross acres 0 $440/gross acre 4, 188 . 80 -3- g . Sewer Connection Charges l/ Sewer Oversize Charge UGM Reimbursement Area 5 ) 9 . 52 gross acres @ $240/gross acre 2,284 . 80 (Major Facilities Sewer Charges shall be assessed and payable at the time of building permits . ) TOTAL $38, 429 . 70 All applicable development fees are deemed payable even if the City issues building permits before payment of such fees. 7 . The Developer has furnished and delivered to the City of Fresno, a good and sufficient surety bond in the amount of One Hundred Eight Thousand Seven Hundred Forty-four Dollars ($108, 744 . 00 ) , guaranteeing faithful performance of this Agreement, or making a cash deposit or deposit of a savings and loan Certificate of Time Deposit in said amount payable to the City of Fresno on its orders . It is understood that if the cash deposit is made or said certificate is supplied, it will be accepted as security for said improvements, and will be refunded only when the improvements have been made as specified hereunder and accepted by the City of ,-Fresno, and if said improvements are not provided as herein specified, that said security may be used by the Public Work Director to accomplish said improvements, with any excess of said security to be returned to the Developer . If said security is not sufficient to pay the cost of said improvements, the Developer will remain liable to the City for the excess cost thereof . 8 . The City shall not be liable to the Developer 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 proposed development covered by this Agreement, or any part thereof . 9 . The Developer 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 development 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 -4- suffered b: the Developer, the Developer ' s agents, employees and subcontractors, while engaged in the performance of said work. 10. The Developer 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 Developer at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 11 . The Developer 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 , as required by Section 3247 of the Civil Code, and shall file with the City, pursuant to Section 3800 of the Labor Code, a Certificate of Worker ' s Compensation and shall maintain a valid policy of Worker ' s Compensation Insurance for the duration of the period of construction. 12 . Initial compaction and soil tests for street work, water , or sewer trenches, and other work within the public right-of-way, shall be ordered by the City and paid for by the Developer . Water , 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 Developer or his agent for payment . Compaction test for water facilities installed by the City of Fresno shall be paid for by the Developer . 13 . The Developer shall comply with Street, Plumbing, Building, Electrical , Zoning Codes, and all other Codes of the City. 14 . It shall be the responsibility of the Developer 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 Developer . It shall further be the responsibility of the Developer 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 Developer to notify the Engineer may cause delay for which the Developer shall be solely responsible . -5- 15. Whenever the Developer 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. Any work due in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Developer of any of his obligations to fulfill the Agreement as presribed. 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 . Any damage to the water or sewer system, concrete work, street paving , or other facilities constructed by the Developer that occurs after installation, shall be repaired by the Developer at his expense, to the satisfaction of the City Engineer, by the Developer before release of bond, or final acceptance of completed work . 16. Adequate dust control shall be maintained by the Developer on all streets and surfaces within and without the proposed development on which work is requ=ired to be done under this Agreement, from the time work is first commenced in the development until the paving 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.cent 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 proposed development . 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 Developer to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Developer or, if the Developer is not an individual, upon any person who has signed this Agreement on behalf of the Developer or, at the election of the City Eng neer , such notice may be mailed to the Developer 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 Developer 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 -6- % - any such street or surfaces 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 Developer 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. 17 . The Developer shall install all street improvements in accordance with Section 12-1012 of the Municipal Code of the City of Fresno and the construction plans . 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains and their respective service connections, along with any other underground facilities required to be constructed, shall be completed in the streets and alleys before starting the street and alley surfacing. 19 . 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 . -7- The parties have executed this Agreement on the day and year first )ove written. ITY OF FRESNO, DEVELOPER Municipal Corporation HORIZON, a Limited Partnership AMES L . MARTIN UBLIC WCR SDI EI'OR / // R. L . Nelson, General Partner ;EORGE A. KERBER )EVELOPMENT DEPARTMENT DIRECTOR G - ATTEST: JACQUELINE L. RYLE City Clerk Byi'�, �^i, Deputy APPROVED AS TO FORM: JAMES A. MCKELVEY City Attorney By ��y�ir 1 .. ( Attach Notary Acknowledgments) J -8-