Loading...
HomeMy WebLinkAboutT-3656 - Agreement/Covenant - 6/21/2006 P. W. File No. 8056 Public Works Department UGM Agreement No. 185 City of Fresno SUBDIVISION AGREEMENT Tract No. 3656 THIS AGREEMENT is made this 18K day of Deezo btv 1984 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and Presidio Savings and Loan Association, a California Corporation, P.O. Box 1657, Porterville, CA 93258 , hereinafter designated and called the "Subdivider . " RECITALS l 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. 3656 , 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 . FPR , D BY C CO i9�v�/ By DEPUTY Y , 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 : 4 . The Subdivider shall perform the work and improvements hereinafter specified on or before June 30, 1986, except the sidewalks, block corner monuments, and driveway approaches which shall be completed upon construction of the residential dwellings in Tract No. 3656 but no later than June 30, 1987, 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 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 . -2- 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 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. 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 constructed 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. Perform and construct all work shown on the attached plans (City Drawing Nos . 10-C-4637 through 4644 inclusive, 15-C-5489 through 5498 inclusive, and Water Job 3513 (8 sheets) , unless specifically omitted herein. h. The Subdivider has deposited with the City the sum of Two Hundred Fifty-Seven Thousand Six Hundred Thirty-Eight and 30/100 Dollars ($257 ,638 . 30) for the following: (1) Inspection Fees $20,094 .74 less $13 , 322 . 24 $6, 772 . 50 Paid with early construction agreement (2) Intersection Signing, 11 @ $90.00 $ 990 . 00 (3 ) Traffic Regulatory Signing, 6 @ $35 .00 $ 210. 00 (4 ) Street Trees, 144 @ $60. 00 $ 8 , 640. 00 Not including Outlot A or Millbrook Landscape Strip (5) Pond Maintenance Fee $ 1, 000 . 00 (6) UGM Traffic Signal Charge, 34 . 58 Ac @ $370. 00/Ac $12 , 794 . 60 (7) UGM Major Street Charge; (Zone A) 34 . 58 Ac. @ $1 , 825 . 00/Ac $63 , 108 . 50 -3- i f (8) UGM Major Street Bridge Charge (Zone A) 34 . 58 Ac @ $30. 00/Ac $ 1. 037 . 40 (9 ) UGM At-Grade Railroad Crossing Fee Service Area A-A 34 . 58 Ac @ $180 .00/Ac $ 6 , 224 . 40 ( 10) UGM Fire Station Fee; (Service Area No . 13 ) Zone District R-1-C 35 . 43 Ac @ $251 . 00/Ac $ 8 , 892 . 93 (11) FMFCD Drainage Fee 39 .7183 Ac @ $1, 845 . 00/Ac $73 , 280. 00 (12) Sanitary Sewer Fees $13 , 292 . 00 (a) Oversize Charge 114 Lots @ $78 .00/Lot $ 8 , 892 .00 UGM Reimbursement Area 5 (b) Lateral Charge 880 .00 LF @ 5 .00/LF $ 4 ,400 .00 (Note : Major Facilities Fee is to be paid at time of development . ) Total Sewer Charges $13 , 292 .00 (13 ) Water Charges $54 , 846 . 23 (a) Frontage 707 . 46 LF @ $3 .75/LF $2 , 652 . 98 880 . 00 LF @ $1 . 875/LF $1, 650 . 00 (b) Fire Hydrant Charge Not including Outlot A 1, 169 , 400 SF @ $0.75/100 SF $8 ,770 . 50 (c) Transmission Grid Main 35 .43 Ac @ $375 .00/Ac $13 , 286 . 25 UGM Reimbursement Area A (d) UGM Well Development Charge (Service Area 101-S) 35 . 43 @ $800. 00/Ac $28 , 344 . 00 (e) Water Construction Charge 114 Lots @ $1 . 25 $ 142 . 50 Total Water Charges $54 , 846 . 23 TOTAL FEES AND CHARGES $257 , 638 . 30 (14) Fee Deferments - Future Reimbursements (a) Fire Hydrant Reimbursement 6 F.H. @ $300 . 00 ea $ 1, 800. 00 Note: Reimbursement will be made in accordance with Section 14-107 . 1 (b) of the Fresno Municipal Code . (b) UGM Neighborhood Park Fees Deferred by Covenant Service Area No. 1, Zone District R-1-C 35 . 43 Ac @ $722 . 00 $25 . 580. 46 -4- 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 : In lieu of any bond or bonds required , (a) deliver to the City an instrument of credit in the sum of Six Hundred Forty-Five Thousand and Fifty Dollars ($645 , 050. 00) (which sum is equal to 95 percent of the total estimated cost of the work and improvement) to insure the faithful performance of this agreement, all as specified in said instrument of credit entitled Instrument of Credit - Performance and hereby made a part of this agreement . (b) deliver to the City an instrument of credit in the sum of Three Hundred Thirty-Nine Thousand Five Hundred Dollars ($339 , 500. 00) (which sum is equal to 50 percent of the total estimated cost of the work and improvement) to secure payment to all contractors performing work on said improvement and all persons renting equipment or furnishing labor or materials to them, all as specified in said instrument of credit entitled Instrument of Credit - Labor and Materials and hereby made a part of this agreement . -5- (c) deliver to the City cash or a certificate of deposit in the amount of Thirty-Three Thousand Nine Hundred Fifty Dollars ( 33 , 950 . 00) (which sum is equal to 5 percent of the estimated cost of the work and improvement) pursuant to the provisions of Fresno Municipal Code Section 12-1016 (b) . 10 . On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Eight Thousand Eight Hundred Ninety-Five and 00/100 Dollars ($8 , 895 . 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. -6- 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 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 -7- 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 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 -8- 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 . 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. 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 . 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. -9- The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation PRESIDIO SAVINGS & LOAN ASSOCIATION a California Corporation JAMES L. MARTIN PUBLIC WORKS DIRECT R / By JESSE G . DIAZ By VICE PRESIDENT - DEVELOPYIENT ATTEST: JACQUELINE L. RYLE BY City Clerk Urbano C. Anaya, III VP/Finance By Deputy APPROVED AS TO FORM: JAMES A. McKELVEY City Attorney By 41da, lal" ; � l,'ilL�'1 (Attach Notary Acknowledgment) GA: es 8306G/168 -10- WOW-- RECON-1 _RECON-1 (Corporation) PREgIDIQS�VIN,GS STATE OF CALIFORNIA l �" COUNTY OF Tu 1 areT SS. On—De-C-e{{}b,@r_la.,--1 984 111 before me, the undersigned, a Notary Public in and for said State,personally appeared llrbano C- Ana va_ TTI known to me to be the VP/Finance and "known to me to be Secretary = of the corporation that executed the within Instrument, known to me to be the persons who executed the within a Instrument on behalf of the corporation therein named, and a acknowledged to me that such corporation executed the L E AL FFICISA within instrument pursuant to its by-laws or a resolution of OFFICIAL R SEAL its board of directors. RAQUENOTARY PUBLIC•CALIFORNIA WITNESS my hand an official seal. TMARE OOUtM My comm. expires MAR 49, 198E Signature (This area for official notarial seal) RECON-I (Corporation) pRESIDIQSHU1NGS neo 603%.�ssN STATE OF CALIFORNIAiE I SS. COUNTY OF Tulare On November 14 1984 before me, the undersigned, a Notary Public in and for said State,personally appeared_.—she-S-Se–r_ 81a known to me to be the v r/ )eye I QFme_nt and known to me to be Secretary = of the corporation that executed the within Instrument, W known to me to be the persons who executed the within J L Instrument on behalf of the corporation therein named, and a acknowledged to me that such corporation executed the ESOFFICIAL SEAL within instrument pursuant to its by-laws or a resolution of RAOUEL REDMON its board of directors. NOTARY PUBLIC•CALIFORNIA WITNESS my hand a official seal. TULARE COUNTY My comm. �Ues MAR 2S, 1988 Signature x'? zf —� (This area for official notarial seal)