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HomeMy WebLinkAboutT-3660 - Agreement/Covenant - 6/21/2006 l f P. W. File No. 8060 Public Works Department UGM No. 172 City of Fresno SUBDIVISION AGREEMENT Tract No. 3660 Phase II of Tentative Tract No. 3600 THIS AGREEMENT is made this �6Lday of Lit_ 1985 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and CDSPEN, a Joint Venture composed of CDS Properties Services, Inc . , a California Corporation, and PENSTAR, a California Corporation, 4955 E. Andersen, Suite 123 , Fresno, CA 93727, 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. 3660, Craycroft Village No . 2 , 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, e ------ 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 . APPROVED BY CITY t;ubdCl+ JAC U INE L. RYLE,CQY CLERK sy iC� DEPUTY I 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 mattershereinafter 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 driveway approach and sidewalk construction which shall be completed upon construction of residential dwellings in Tract No. 3660 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 1 'give the Developer written notice of his determination in writing, which shall be final and conclusive. S . 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 arid improvements are as follows : a . Construct all landmarks , monuments and lot corners required to locate land divisions shown on the Final Map. -2- "Pursuant to Section 664971of 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 . All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with City Standards within seven (7) days from the time said streets are surfaced, or as directed by the Engineer . g. Wet-Ties shall be in accordance with Estimate No . E-82 . The amounts identified above as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess . Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment . h. Perform and construct all work shown on the attached plans (City Drawing Nos . 10-C-4606 through 4609 , inclusive; 15-C-5465 through 5468 , inclusive; and Water Job No . 3500 (4 sheets) , unless specifically omitted herein. i . The Subdivider has deposited with the City the sum of Sixty-Seven Thousand Two Hundred Fourteen and 18/100 Dollars ($67, 214 . 18) for the following : (1) Inspection Fees $9 , 928 . 20 Less $3 , 648 . 29 Paid w/Early Construction Agreement $ 6 , 279 . 91 (2) Intersection Signing, 6 @ $90 .00 $ 540 .00 (3 ) Traffic Regulatory Signing, 7 @ $35 . 00 $ 245 . 00 (4 ) Street Trees, 74 @ $60 . 00 $ 4 , 440 . 00 (5) UGM Traffic Signal Charge, 13 . 11 Ac @ $370 . 00/Ac $ 4 , 850.70 (6) UGM Major Street Charge; (Zone E-5 ) 13 . 11 Ac. @ $335 . 00/Ac $ 4 , 391. 85 (7) FMFCD Drainage Fee $27 , 646 .00 -3- (8) Sanitary Sew6r Febs $ 8 , 734 . 40 (a ) Oversize Charge 13 . 49 Ac @ $240 . 00/Ac $ 3 , 237 . 60 UGM Reimbursement Area 8 (b) Lateral Charge 413 . 24 LF @ $10 . 00/LF $ 4 , 132 . 40 272 . 88 LF @ $5 . 00/LF $ 1, 364 . 40 (Note: Major Facilities Fee is to be paid at time of development . ) Total Sewer Charges $ 8 ,734 . 40 (9) Water Charges $10 , 086 . 32 (a ) Frontage 139 . 88 LF @ $1 . 875/LF $ 262. 28 (b) Fire Hydrant Charge 425, 312 SF @ $0 .75/100 SF $ 3 , 189 . 84 (c) Transmission Grid Main 13 . 49 Ac @ $375 . 00/Ac $ 5 , 058 .75 Less TGM Constr . Credit <$ 3 , 276 .00> Net TGM Fee $ 1, 782 .75 UGM Reimbursement Area A (d ) UGM Well Development Charge (Service Area No. 141) 13 . 49 Ac @ $355 .00/Ac $ 4 ,788 . 95 (e) Water Construction Charge 50 Lots @ $1 . 25/Lot $ 62 . 50 Total Water Charges $10, 086 . 32 TOTAL FEES AND CHARGES $67 , 214 . 18 (10) Fee Deferrals - Future Reimbursements (a ) UGM Neighborhood Park Fees- Deferred by Covenant Service Area No. 6 13 . 49 Ac @ $1 , 800.00/Ac $24 , 282 .00 (b) UGM Fire Station Fee- Deferred by Covenant Service Area No. 2 R-1 Zone District 13 . 49 Ac @ $278 .00/Ac $ 3 ,750.22 (c) Fire Hydrant Reimbursement 4 F.H. @ $300 . 00/F.H. $ 1 , 200. 00 Note: Reimbursement shall be made in accordance with Section 14-107 . 1 (b) of the Fresno Municipal Code . 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. -4- 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 Three Hundred Four Thousand Two Hundred and 00/100 Dollars ($304 , 200 . 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 One Hundred Fifty-Two Thousand One Hundred and 00/100 Dollars ($152 , 100 .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 improvements . 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 . 10. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Six Thousand Forty-Two and 00/100 Dollars ($6,042 . 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 . -5- i T 1 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. 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. 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. -7- 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 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 . -8- 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 . The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation JAMES L. MARTIN CDSPEN, a Joint Venture PUBLIC WORKS DIRECTOR CDS Properties Services, Inc . a Cali ornia Corporation Joint nt7eLATTEST: 'BY JACQUELINE L. RYLE ROBI,RT 'B. KELLIDGG,VICE PRESIDENT City ,Clerk By By Se') L•..7, t,-c..C-tt.t�_ L, PENSTAR Deputy a California -Corporation Joint Venturer APPROVED AS TO FORM: By JAMES A. McKELVEY By City Atto ney By �• (Attach Notary Acknowledgment) GSA:dr `8066G/166 s -9- s� STATE OF CALIFORNIA ) ss . COUNTY OF SAN DIEGO ) On May 24 , 1985 , before me , a Notary Public in and for said County and State , personally appeared ROBERT B. KELLOGG, known to me to be the Vice President of CDS PROPERTIES SERVICES , INC. , a California corporation , the corporation that executed the within instrument , and known to me to be the person who executed the within instrument on behalf of said corporation therein named , and acknowledged to me that such corporation executed the within instrument pursuant to a resolution of its board of directors , said corporation known to me to be one of the joint venturers of CDSPEN, a joint venture , the joint venture that executed the within instrument , and acknowledged to me that such corporation executed the same as such joint venturer, and that such joint venture executed the same . `' ITNESS my hand and official seal . / OFFICIALS£Y '" �" VIVIAN MAYER x :11 Notary Publ c-CalilorIlia PnnC.Gal OtfiCe In rid San Diego County M Comm. Lxp. Mar. 22. 1988 Y VIVIAN MA ER (this area for official notarial seal ) STATE OF CALIFORNIA ) COUNTY OF FRESNO ) SS. On May 21, 19 85 State, persona . RICHAR $, own etooremeeto a be o the PRESIDENT ofndPENSTAR, A CALIFORNIA y appeare for CORPORATION, the Corporation that executed the within instrument, and knowr, to me to be the person who executed the within instrument on behalf of said Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said Corporation known to me to be one of the Joint Venturers of CDSPEN, A JOINT VENTURE, the Joint Venture that executed the within instrument, and acknowledged to me that such Corporation executed th same as such Joint Venturer, and k. that such Joint Venture executed the same. 1 e. i ar� P r�•� t� 4�aZj ,« Notary ublic �a.•, :/� ral``I u;l '9! t ay Blair Tooley i, s i� ca •j 1�1