HomeMy WebLinkAboutT-3881 - Agreement/Covenant - 6/22/2006 i
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P. W. File No. 8511 Public Works Department
UGM No. 273 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3881
Sommerset No. 3
Phase I of Tentative Tract No. 3881
THIS AGREEMENT is made this 3rd day of January, 1989 , by and between
the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City, " and Kesterson Development Co . , Inc. , 2499 West Shaw
Avenue, #103 , Fresno, California 93711, hereinafter designated and called
the "Subdivider, " without regard for number or gender.
RECITALS
1. The Subdivider has presented to the City a certain final map of
a proposed subdivision of land owned by.the Subdivider and located within
the corporate limits of the City, and known and described as Tract
No. 3881, Sommerset No. 3, 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.
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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 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 :
9 . The Subdivider shall perform the work and improvements
hereinafter specified on or before November 30, 1989, except the sidewalk
and driveway approach construction and lot corner monumentation which
shall be completed upon construction of the residential dwellings in
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Tract 3881 but no later than November 30, 1990, to the satisfaction of
the Director of Public Works and/or the City Engineer of the City as
provided by Code. Issuance of building permits for any structure within
the subdivision shall conform to the requirements of the Uniform Fire
Code. The Subdivider ' s attention is particularly called to
Sections 10. 207(a) , 10. 301(c) and 10. 301(d ) shown in Exhibit "A" attached
hereto and hereby made a part of this Agreement. 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. When a delay occurs due to
unforeseen causes beyond the control and without the fault or negligence
of the Subdivider, the time of completion may be extended for a period
justified by the effect of such delay on the completion of the work. The
Subdivider 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 Subdivider written
notice of his determination in writing, which shall be final and
conclusive.
5. The work and improvements, more specifically shown on the
referenced plans and made a part hereof, shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications, "City Standards" , adopted September 11, 1989 , by
Resolution No . 89-361 and as amended, at the sole cost and expense of the
Subdivider including all costs of engineering , inspection and testing.
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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 Subdivider ' s 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 City
Engineer .
g. 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 City Engineer .
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h. Perform and construct all work shown on the attached plans
(City Drawing Nos. 10-C-5415 through 10-C-5416 W/Water Job
No. 3704 , (2) sheet inclusive; 15-C-6619 through 15-C-6620, (2) sheets
inclusive) , unless specifically omitted herein.
i . Install and complete all other street improvements required
by Section 12-1012 of the Fresno Municipal Code in accordance with
the City of Fresno standard Specifications and the construction plans.
j . The Subdivider has deposited with the City the sum of Thirty
Nine Thousand One Hundred Twenty Six and 48/100 Dollars ($39 , 126 .48 )
for the following:
(1) Inspection Fees = $4 , 607 . 24 less $1, 650. 96 $ 2, 956.28
For Sewer & Water
Construction Agreement
(2) Monument Check Fee
27 Lots @ $25 .00/Lot $ 675.00
(3 ) Intersection Signing, 2 @ $140.00 $ 280.00
(4 ) Traffic Regulatory Signing, 3 @ $35 . 00 $ 105.00
(5) Street Trees , 35 @ $60. 00 $ 2, 100.00
(6) FMFCD Drainage Fee $15, 666.00
(7) Sanitary Sewer Fees $ 6, 920.86
(a) Oversize Charge
(UGM Reimbursement Area No. 21)
5. 37 Ac @ $1, 288 . 80/Ac $ 6, 920. 86
(Note: Major Facilities
Fee is to be paid at time
of development. )
Total Sewer Charges $ 6. 920. 86
(8 ) Water Charges $ 5, 885. 69
(a) Fire Hydrant Charge (Zone District R-1/UGM)
171, 658 SF @ $0.75/100 SF $ 1, 287 . 44
(b) Transmission Grid Main
(UGM Reimbursement Area No. B)
5 . 37 Ac @ 440.00/Ac $2, 362 . 80
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(c) UGM Well Development
Charge (Supply Well No. 301-5)
5 . 37 Ac @ $410.00/Ac $ 2, 201 .70
(d) Water Construction Charge
27 Lots @ $1 . 25 /Lot $ 33 .75
Total Water Charges $ 5 , 885 , 69-
(9 ) UGM Major Street Bridge Charge
(Zone E-4 )
5 . 37 Ac @ $30.00/Ac $ 161 . 10
(10) UGM Traffic Signal Charge,
5 . 37 Ac @ $370.00/Ac $ 1, 986.90
(11) UGM Trunk Sewer Fee;
(Service Area Cornelia; Zone District R-1/UGM)
5 . 37 Ac @ $445 .00/Ac $ 2, 389 . 65
TOTAL FEES AND CHARGES $39 - 126, 48-
(12) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No. 16
Zone District R-1/UGM
5 . 37 Ac @ 1, 242 .00/Ac $ 6, 669 . 54
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No. 4
Zone District R-1/UGM
5 . 37 Ac @ 980.00/Ac $ 5, 262. 60
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(c) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone E-4
5 . 37 Ac @ 1, 565 . 00/AC $ 8,404 . 05
Less Major Street Credit [$31,722.00]
Net Charge $0
Paid with Credits
Future Reimbursements shall be made in accordance with
Section 11-226(f) of the Fresno Municipal Code
(d) Fire Hydrant Reimbursement
2 F .H. @ 300 .00/F.H. $ 600.00
Future Reimbursements shall be made in accordance with
Section 14-107. 1b 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.
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.
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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 One Hundred Twenty Two
Thousand and 00/100 Dollars ($122,000. 00) , which is equal to 100% of
the total estimated cost of the work required . Five percent (5$) of
said amount, Six Thousand One Hundred and 00/100 Dollars ($6, 100.00) ,
shall be cash or a Certificate of Deposit : the remaining 95%, One
Hundred Fifteen Thousand Nine Hundred and 00/100 Dollars
($115, 900. 00) shall be in the form of a bond or irrevocable
instrument of credit : all to be conditioned upon the faithful
performance of this Agreement : and
b. Payment security in the sum of Sixty One Thousand and 00/100
Dollars ($61,000.00) , 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 Four Thousand Two
Hundred Twenty Two and 00/100 Dollars ($4 ,220 .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 .
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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 Subdividers 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 . 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.
14 . Initial soils compaction testing for public utility improvement
work within the right-of-way shall be ordered by and paid for by the City
of Fresno. Public utility improvements shall include street surface
improvements, sanitary and storm sewers, City water facilities and
irrigation lines . All other compaction testing for private utility
installations shall be paid for by the Subdivider or his agent.
Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and
direction of the City Engineer who shall determine locations and depths
to be tested . Any compaction tests failing to meet the City' s
requirements shall be reordered by the City and paid for by the
Subdivider or his agent . Billing for the private utility tests and any
required retesting due to failures shall be made directly to the
Subdivider or his agent .
15 . The Subdivider shall comply with Street, Plumbing, Building,
Electrical , Zoning Codes and any other codes of the City.
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16. 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 City 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 City
Engineer may cause delay for which the Subdivider shall be solely
responsible.
17 . Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the City 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 .
18 . 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 .
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19 . 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
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STATE OF CALIFORNIA
ss.
COUNTY OF FE nu
On this . day of nC�'mi�t2_r in the year 199�B
b9t0{��[(e�nme,
,tthe{u�n�errsigned, as Notary Public in and for said State, personally appeared
L.:,..A`:,F.AL lel C�1 D<`, •�7�Q,1�7V1
0'NN NEFER
Ir'ART F1 9UC-CALIFORNIA
v ACIPAL OFF
FRESNO COUNTEYIN personally known to me
MI Uffim Wires Sept.),1991 (or proved to me on the b si Qf satisfactory evidence)to be the persons who executed the
within instrument as � President and Secretary,
respectively,of the Corporation therein named,and acknow to me that the Corporation
executed it pursuant to its y-laws or a resolution of i board directors.
WITNESS my hand a official s I -
�--s &sec—wokolts Form 222CA—Rev. 11.83
(pnceclass&2) Notary Public in nd for said State.
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 .
20. 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.
21. 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.
22 . 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.
i
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
KESTERSON DEVELOPMENT CO. , INC. ,
MARVIN D. JOHNSON a California Corporation
PUBLIC WOR OR
ATTEST:
JACQUNE L. RYLE
CITY CLE K
By lC u
QO-4,Xt
Deput
APPROVED AS TO FORM:
HARVEY WALLACE
CITY ATTORNEY
By (Attach Notary Acknowledgment)
LR:dk: 15d/440
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