HomeMy WebLinkAboutT-3529 - Agreement/Covenant - 7/3/2006 (2) P . W. File No. 7856 Public Works Department
UGM Agreement No. 154 City of Fresno
(Separate Agreement)
SUBDIVISION AGREEMENT
THIS AGREEMENT is made this 31St
day of May , 1983, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and HORIZON, a California Limited
Partnership, 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. 3529, "Horizon, " 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 gime hereinafter mentioned, in consideration of the acceptance
of the offers of dedication by the City of Fresno.
PW NEB BY CITY COUNCIL
1! 19 tf3
c E R LE CITY c
DUTY
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 improvements
hereinafter specified on or before March 31 , 1984, 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 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 51 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 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
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the actual installation of the lights and shall be approved by the
City Traffic Engineer.
c. The Subdivider has deposited with • the City the sum of One
Thousand Seven Hundred Eighty-nine and 72/100 Dollars ($1,789. 72 ) for
the following :
(1) Inspection Fees $ 802. 72
(2 ) Traffic Regulatory Signing, 4 @ $35 $ 140.00
(3 ) Street Trees, 11 @ $77 $ 847. 00
TOTAL FEES AND CHARGES $1 ,789. 72
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. All 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. 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 Seventeen Thousand Four
Hundred and no/100 Dollars ($17,400. 00 ) , which is equal to 100% of
the total estimated cost of the work required. Five percent (5% ) 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 Eight Thousand Seven Hundred
and no/100 Dollars ($8, 700. 00 ) , which is equal to 50% 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. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016.
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10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Eight Hundred
Seventy and no/100 Dollars ($870 .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,
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 .
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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 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.
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.
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.
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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 Inspector 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
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
a=ter 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 not.ice of any kind, cause any such street or streets to
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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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The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
HORIZON, a California
Partnership
JAMES L. MARTIN
PUBLIC WOR DI4E OR By: R. L. NELSON,
�. General Partner
By
ATTEST:
JACQUELINE L. RYLE
City Clerk
BY
Deputy
APPROVED AS TO FORM :
JAMES A. McKELVEY
City Attorney
By (Attach Notary Acknowledgment)
STATE OF CALIFORNIA
COUNTY OF-------- Fresno J} SS.
On May .12, 1983 J SAFECO
before me, the undersigned, a Notary Public in and for said County
and State, per onally appeared—_ _ FOR NOTARY SEAL OR STAMP
R.
L. e son
QerSOnally known to me
General Partne 9"'••"-040am"""••••"•s•s ••9
to be — rof the partners of the partnership ! OFFICIAL SEAL I
that executed the within instrument, and acknowledged to me that CYNTHIA J.SPEAR j
such partnership executed the same. ! Nota►Y Public, Cdt/allo
FRESNO COUNTY
MY Commission Expires April 3,1997
Signature —_—