HomeMy WebLinkAboutT-3627 - Agreement/Covenant - 6/21/2006 (2) M �
AGREEMENT
This agreement between the City of Fresno ( "City" ) and Grupe
Development Company - Northern California ( "Grupe") is entered into
as a condition of approval by the City of Grupe ' s Tract Map 3627 ,
which is Phase I of Grupe ' s 414 acre "Woodward Lake" project. This
agreement concerns certain responsibilities placed on Grupe as a
condition of said map dealing with off-site improvements. These
responsibilities are itemized in paragraphs 28 (b) , 29 (b) , 30 , 31 ,
and 32 of the Development Department Conditions of Approval dated
May 16, 1984 , as amended by paragraph 6 and following paragraphs of
the Addendum dated June 12, 1984 and Council Resolution 84-234 .
These paragraphs are attached hereto and incorporated by reference .
This agreement satisfies the requirement for a "separate agreement"
in Council Resolution 84-234 .
The specific off-site "Street Improvement Items" covered by this
agreement are as follows :
A. Fort Washington Road : "From the south boundary of
Tract 3627 to Friant Road, construct the center two
12-foot lanes plus 4-foot shoulders on both sides . An
additional 12 feet of pavement will be required to
provide for a left-turn lane 200 feet long for west
bound at Friant . " (Para. 28 (b) of Conditions) .
B. Friant Road : "From the south boundary of Tract 3627 to
Shepherd Avenue, construct the center two 12-foot lanes
(or add two lanes to existing two lanes) . Construct
left-turn pockets with concrete island noses (20 feet
long minimum) and transitions as follows :
For southbound traffic at Fort Washington
For northbound traffic at Fort Washington
For southbound traffic at Shepherd
( Para. 29 (b) of Conditions)
C. " . . .construct an additional 12-foot northbound lane
plus 4-foot shoulder on Friant Road from Shepherd to
the south boundary of the tract , plus an additional 8
feet to provide a right-turn lane for northbound
traffic at Fort Washington. " (Para . 30 of Conditions)
C
D. Construct the center four 12-foot lanes plus 4-foot
shoulders on Blackstone Avenue and Friant Road in their
ultimate alignment from the Alluvial alignment to
Audubon Drive . This requirement , in addition to those
previously stated , will result in Blackstone-Friant
becoming a continuous 4-lane street from the existing
6-lane section of Blackstone in Pinedale to the tract .
(Para. 31 of Conaitions)
E . Install traffic signals to City standards at the
following locations :
Friant and Fort Washington Road
Friant and Shepherd Boulevard
(Para . 32 of Conditions)
The parties agree that the following will apply to the above
listed off-site street improvement items .
1. As a condition of City ' s approval of Tract Map 3627 , Grupe
agrees to provide security for street improvement items A, B , C , D,
and E above in the amount set forth in item 11 of this agreement.
2 . All street improvement items included herein will be
subject to the City ' s UGM policies , Major Street Fee programs , and
subject to reimbursements and fee credit provisions of such programs .
3 . If other projects .are developed in the area which, in the
absence of security provided to City by Grupe in accordance with 1
above , would normally be required to construct any of the street
improvement items A, B , C, D, or E, or portions thereof , or would
create conditions warranting such improvements prior to the improve-
ments being warranted by Grupe , then Grupe will not be responsible
for such improvements , and security provided to City for such
improvements by Grupe shall be released .
4 . Grupe ' s obligations as to street improvement items A, B, C,
D, and E will be deemed fulfilled if :
a. Another developer or agency constructs the im-
provement prior to the imposition on any phase of
Grupe ' s Woodward Lake project and Grupe has paid ,
or securea the payment of , its share of the cost
of such improvements.
b. Grupe forms or participates in an assessment
district for the purpose of constructing the
improvements .
C . Grupe is partner to a joint venture or other
organization which enters into an agreement with
the City to construct the improvements ; or
Ci . Any other mechanism is approved by the City to
complete the improvement prior to imposition on
any phase of Grupe ' s Wooaward Lake project.
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5 . As to street improvement item D , if Freeway 41 is construc-
ted or funds are budgeted for its construction from Bullard Avenue
to (or beyond) an interchange with Friant Road prior to implementa-
tion of this improvement , that portion of construction southwesterly
of the interchange , except for transitions , shall no longer be a
requirement of Grupe .
6 . Except as affected by paragraphs 3 , 4 , or 5 above , the
street improvement items A, B, C, D , or E shall be constructed by
Grupe at times deemed appropriate by the Public Works Director ,
based on the effects of increased traffic generated by a specific
phase of Grupe ' s Woodward Lake project, using criteria that would
verify that the improvements were warranted by such specific phase .
This provision may allow approval of future phases of Grupe ' s
Woodward Lake project without construction of street improvement
items . Grupe agrees to provide to the City any traffic studies or
other data required to accurately determine whether or not specific
street improvement item or items are warranted by a specific phase .
7 . Notwithstanding paragraph 6 above , Grupe agrees that street
improvement item B will be constructed as a condition of approval of
Phase II of Grupe ' s Woodward Lake project unless the Public Works
Director determines it is warranted at an earlier date .
8. Except as may be affected by the above provisions , Grupe
agrees that street improvement items will be constructed with the
final phase of Grupe ' s Woodward Lake project unless traffic studies
or other criteria indicate to the satisfaction of the Public Works
Director that Grupe ' s Woodward Lake project would not warrant such
improvements, or portions thereof.
9 . Under the terms herein, the non-completion of street
improvement items A, B, C , D, or E, being constructed as a condition
of a particular phase map under 6 above , will not prohibit the City
from accepting on-site subdivision improvements as complete, should
the City, in the sole discretion of its Public Works Director ,
decide to do so.
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10. Grupe shall cause plans to be prepared for each of the
Street Improvement Items and submit them to the Public Works
Department within 90 days following written notification by the
Public Works Director that the improvement is required , and shall
diligently proceed to construct the improvement upon City approval
of the plans , in conformance with a street work permit to be
obtained by Grupe ' s contractor .prior to start of work .
11. Grupe has furnished to the City :
a. Performance security in the sum of $933 , 300 . 00
which is equal to 100% of the total estimated cost
of the work required including plan preparation.
Five percent ( 5%) of said amount ($46 , 665. 00)
shall be cash or a Certificate of Deposit or as
otherwise approved by Council, all to be condi-
tioned upon the faithful performance of this
agreement ; and
b. Payment security in the sum of $466, 650. 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 im-
provements and all persons furnishing labor ,
materials, or equipment to them for said
improvement.
C. Any and all other improvement security as required
by Fresno Municipal Code , section 12-1016 .
Upon completion of any improvement item, or portion approved as
an item of work , by Grupe , his security shall be partially released ,
Provided that in no case shall the amount of the remaining security
be reduced below that amount necessary to guarantee performance and
payment of the remaining work .
12. On acceptance of the required work , warranty security shall
be furnished to or retained by the City, in the amount of
$10, 166. 50, for guarantee and warranty of the work for a period of
one (1) year following final acceptance against any defective work
or labor done or defective materials furnished ; said warranty
security shall be in the form of cash or a Certificate of Deposit.
The warranty security shall be returned to Grupe, less any amount
required to be used for fulfillment of the warranty one (1) year
after final acceptance of the improvement.
13 . It is agreed that the amount of the performance security
will be reviewed annually by the City to determine if it is
sufficient to cover the cost of the remaining work . If additional
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security is required , Grupe agrees to furnish such additional
security within thirty ( 30 ) days of receipt of notification from the
City of the required increased amount. In like manner , should the
City determine that a reduction in performance security is
appropriate , it shall notify Grupe accordingly and Grupe shall have
the opportunity to submit substitute performance security in the
reduced amount specified by the City.
Dated :
ATTEST: City of Fresno,
JACQUELINE L . RYLE A Municipal Corporation
City Clerk
B y . ell
Deputy P til ' c W r`ks Director r
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
---,,--'Assistant City Attorney G"fupe Development Company
g y,
6345H
5/23/85
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-[ATE Of CALIFOkNIA :SS.
On before me,the undersigned,a Notary Public an and for
said State,pe4onally appeared- William C. JirSa,
personally known to me(or proved to me on the
tj.,.,4 of satuslactnry to Lr the personb:who executed the within instrument as
Vice PreSldent�l�is� _ . � � ,on behalf of Grupe--feu®lOpn
Pthu cu(porauun therein mined,and acknowledr;ad to me that ,
chcoipuratroneaucut•-.l.uuwrth, ,r" >nnenlpursuanttoils -'Y FL:3_.;C • CALI;"OR.,NKA
solull')n ul t)oar'l ,i n e.tcrs. *: ,
itJL:;6 my hand,,nd ulliaal
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ului ( V ___ (This area for official notarial seal
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