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Home My WebLink AboutT-3887 - Agreement/Covenant - 6/22/2006 f N --------------------ABOVE SPACE FOR RECORDER ' S USE------------------ Tract No. 3887 APN 403-021-11 403-021-15 403-021-16 IMPROVEMENT AGREEMENT This Agreement is entered into as of �&/ LJ-57 2J� , 1987, between the CITY OF FRESNO, a municipal corporation ( "City") , and HERITAGE COMPANIES, INC. , a California corporation ( "Owner") , pursuant to the following. facts : RECITALS A. The Owner proposes to develop, as a residential subdivision, that property located at 8665 and 8735 North Cedar Avenue, also known as Tract Number 3887, Assessor' s Parcel Numbers 403-021-11, 403-021-15, and 403-021-16, ( "Subject Property") . B . As a condition of the City ' s approval of such development , the Owner is required by Tract Map 3887 to construct certain street improvements shown on attached Exhibits "A", "B" , and "C" . These street improvements are necessary to alleviate the needs and burdens that will be imposed by the development on the City ' s public street system. C. The Owner has submitted a request to defer construction for a portion of the necessary street improvements on North Cedar Avenue, and all of the required street and bridge improvements on East Teague Avenue. D. Fresno Municipal Code Section 11-208(e) (6) allows the Public Works Director to approve occupancy of a development if future construction of the street improvements required in connection with such development are guaranteed by specified types of security . AGREEMENT Therefore, the City and the Owner agree as follows : 1. The Owner shall perform all work and install all improvements as described in Paragraph 2 below within 36 months after the execution of this Agreement by the City. The time for completion may be extended by the Public Works Director if he determines, in his sole discretion, that the granting of such an extension will not be detrimental to the public welfare. No extension will be granted unless the Owner submits a written application to the City ' s Public Works Director at least 30 calendar days prior to the expiration of the 36 month period for performance -2- and any previous extension thereof stating the reasons and facts supporting such extension. 2. The work and improvements that the Owner shall perform and install are as follows : a. All street improvements (curb, gutter, sidewalks, bridge construction or canal piping and asphalt pavement ) in East Teague Avenue as shown on Exhibit "A" . b. All street improvements (curb, gutter, sidewalks, median curbs, median caps, and asphalt pavement) in North Cedar Avenue as shown on Exhibits "B" and "C" . C. All the work, improvements and materials required to improve the affected frontage in accordance with the attached Exhibits "A", "B", and "C" . Exhibits "A" , "B", and "C" are incorporated into this Agreement. The performance and installation of the above work and improvements shall comply with the Standard Specifications of the City , as adopted March 5, 1970, by the City Council including details therewith and amendments thereto. In case there are no Standard Specifications of the City for the work or improvements, such performance and installation shall be in accordance with the standards and specifications of the State of California, Department of Transportation. The Owner shall perform, install and provide all work, improvements and materials under the supervision of the Public Works Director, under whose direction the work and improvements shall be inspected as they progress. -3- 3. Before the City signs this Agreement , the Owner shall • provide to the City : a. Performance security in the amount of Thirty-Four Thousand, Five Hundred-Twenty and 50/100 Dollars ($34, 520. 50) which is equal to 100 percent of the total estimated cost of the work and improvements required. Five percent of this amount shall be cash or a Certificate of Deposit. The performance security shall be conditioned upon the faithful performance of this Agreement. b. Payment security in the amount of Seventeen Thousand , Two Hundred-Sixty and 25/100 Dollars ($17, 260. 25) which is equal to 50 percent of the total estimated cost of the work and improvements required. The payment security shall secure payment to all contractors and subcontractors performing any part of the work or improvements, and to all persons furnishing labor, materials or equipment for the work or improvements. C . Any and all other improvement security required by Fresno Municipal Code, Section 12-1016. Bonds shall be by one or more duly corporate sureties authorized to do surety business in California, subject to the approval of the City , and on forms furnished by the City. 4. On acceptance of the required work and improvement by the City , warranty security shall be furnished to or retained by the City in the amount of one Thousand Seven Hundred-Twenty Six and 00/100 Dollars ($1, 726. 00) for guarantee and warranty of the work and improvements, for a period of one year following acceptance, -4- against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code , the warranty security shall be in the form of cash or a certificate of deposit . The warranty security shall be returned to the Owner, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the work and improvements. If the Owner fails to perform to install the work and improvements as specified in this Agreement, this security will be used by the Public Works Director to accomplish the required work and improvements. Any excess will be returned to the Owner. If the security is not sufficient to pay the cost of the work and improvements, the Owner shall pay such excess cost promptly upon demand by the City . 5. As a part of the obligation of the Owner, and in addition to the security furnished for the faithful performance of this Agreement , the City shall be entitled to costs and reasonable expenses and fees, including reasonable attorneys ' fees, which may be incurred in successfully enforcing this Agreement against the Owner. 6. All work and improvements shall be done at the sole cost and expense of the Owner including without limitation all costs of engineering , inspection, testing, surveying, staking, and all applicable fees required by the Fresno Municipal Code . 7. Owner shall indemnify, hold harmless, and defend the City and each of its officers, agents, and employees from any and all loss, liability, costs, and damages ( whether in contract, tort or -5- strict liability , including but not limited to personal injury , death at any time and property damage) , and from any and all claims, demands and actions in law or equity (including attorneys' fees and legal expenses) , arising or alleged to have arisen directly or indirectly out of or in any way connected with (a) performance or installation of the work or improvements by the Owner, its employees, officers, agents, contractors or subcontractors, or ( b) design, installation, operation or maintenance of the work and improvements, regardless of whether the City is actively or passively negligent, except for liability, loss, costs or damage caused solely by the negligence or willful misconduct of the City or its officers, agents, or employees. 8. At all times while the work and improvements are being performed and until they are accepted by the City, the Owner shall maintain a policy of comprehensive liability insurance with limits not less than $1, 000, 000 for bodily injury and $100, 000 for property damage. The insurance policy shall name the City , its officers, and employees as additional insureds with respect to this Agreement , and shall provide that the insurer shall give the City at least 30 days notice prior to cancellation or material change in such policy. Before the work and improvements are initiated , Owner shall provide the City with a certificate evidencing such insurance, in a form satisfactory to the City ' s Risk Manager. 9. Time is of the essence of all provisions of this Agreement . 10. The Owner shall make no assignment of this Agreement or of any duty or obligation of performance hereunder, in whole or in part , without the prior written consent of the City. -6- 11. This Agreement shall be binding upon and inure to the benefit of the City, the Owner, and their respective assignees , transferees, and successors in interest . 12. The provisions of this Agreement are severable . The invalidity or unenforceability of any one provision or part thereof shall not affect the validity or invalidity of any other provisions. City of Fresno Owner : HERITAGE COMPANIES, SNC.; a Municipal Corporation a California"Corporation B y : J S -- . vin D. Johnson Acti P, Public Works Director ATTEST: ,. JACQUELINE L . RYLE City Clerk Attachry Acknowledgement By Deputy APPROVED AS TO FORM HARVEY WALLACE City Attorney 4375h/8/87 -7- 11. This Agreement shall be binding upon and inure to the benefit of the City, the Owner, and their respective assignees, = transferees, and successors in interest . 12. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision or part thereof shall not affect the validity or invalidity of any other provisions. .1, City of Fresno Owner : HERITAGE COMPANIES, SNC.; a Municipal Corporation a California 'Corporation B y : vin D. Johnson ActiW Public Works Director ATTEST: JACQUELINE L . RYLE City Clerk Attach ry Acknowledgement By Deputy STATE OF CALIFORNIA S.S. COUNTY OF FRESNO On this the 25th day of August 1987 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Donald S. Pitarre , personally known to me or proved to me on the basis of satisfactory evidence to be the President, and Kevin J. Castanos , personally known to me or proved to me on the basis of satisfactory evidence to be Vice President of the corporation that executed the within instrument on behalf of the corporation therein named, and -ack- nowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors . OFFICL%L SEAL COLLEEN ALFANO NOTARY PUBLIC•CALIFORNIA FRESNOCOUNTY Colleen Alfano My Comm.Eapires Aug.2J,1991 NOTARY PUBLIC I AND FOR SAID STATE a ENGINEER' S ESTIMATE TRACT NO . 3887 DEFERRED IMPROVEMENTS 1. NORTH CEDAR AVENUE a. Concrete curb and gutter : 17 L.F. ® $7. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119. 00 b. Concrete sidewalk : 68 S .F. ® $1. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119. 00 C. Asphalt pavement : 540 S. F. ® $1. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810. 00 d. Concrete median curb : 420 L.F. ® $6. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21520. 00 e . Concrete median cap : 400 S . F. ® $1. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700. 00 Total North Cedar Avenue . . . . . . . . . . . . . . . . . . . . . . $ 4, 268. 00 2. EAST TEAGUE AVENUE a. Concrete curb and gutter : 20 L.F. Q $7. 00 . . . . . . . . . . . . . . . ... . . . . . . . . . . . . $ 140. 00 b. Concrete sidewalk : 190 S. F. ® $1. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 332. 50 C. Asphalt pavement (Non-UGM) : 360 S . F. ® $1. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 540. 00 d. Asphalt pavement (UGM) : 560 S . F. C $1. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 840. 00 e. 66" Irrigation pipeline 136 L.F. ® $150. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . $20, 400. 00 f. Irrigation inlet structure : 2 EA. ® $4, 000. 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8, 000. 00 Total East Teague Avenue . . . . . . . . . . . . . . . . . . . . . . $30, 252. 50 4375h 8/87 IN Isr, � KZ' Q � r 1 . I J � Q I II I II I � Q I I II II i : r ks Y Q ' qs ai. 6Cr60 ' £�� cas�sr.�.Cr crrr srD cos. C&,,ia carrE� rr ; IL crWsr,P�icr Cirr sw. G2?�vC.PETE S✓L2`/1V/4!'f� 4�5 E. 7,L-',-406UF /Q��t/UE . YCY � � II I� SCACE4B- �4a' e I . ql n MED/,4it/ a-,I.PB FAQ GTY ST�4N0.4.P0 9I 9I r� III `VoSQ� �.�ETE � �I crrr sra,�oa,Po q�l o