HomeMy WebLinkAboutT-4120 - Agreement/Covenant - 6/27/2006 PLEASE CONFORM RECORDED IN OFFICIAL RECORDS OF
FRESNO COUNTY,CALIFORNIW
AT � _MIN PAST___----M
AUG 2 9 1990
! GALEN LARSON FEE
t County Rocorder !/
--------------------ABOVE SPACE FOR RECORDER' S USE------------------
P.W. File No . 8964 Public Works Department
City of Fresno
IMPROVEMENT AGREEMENT
(with Delegation Provisions)
This Agreement is entered into as of AAoLend- 2,/ 1990, by
and between the CITY OF FRESNO, A Municipal Corporation, hereinafter
designated and called "City" , REGENCY-HALLAIAN, a California Limited
Partnership, hereinafter designated and called "Subdivider" , and
OAKWOOD-DOMINION JOINT VENTURE, a partnership, hereinafter
designated and called "Developer" without regard for number or
gender .
RECITALS
1. The Subdivider is required by the terms of
Section 66462(a) of the Subdivision Map Act to enter into this
Agreement . For that purposes , and without affecting developer ' s
assumption of the duties referenced in this agreement, subdivider
has executed this agreement. By this agreement, subdivider
delegates and developer assumes the duties and obligations provided
for herein.
The Developer is the overall project developer of the Dominion
Planned Community. The Developer has agreed to assume the
subdivider ' s responsibility for Tract 4120 to construct street
improvements and sewer main construction in Shepherd Avenue.
The purpose of this agreement is to guarantee the street and
sewer main construction in East Shepherd Avenue. This will be in
consideration for the approval of pending Tract No. 4120, a copy of
which map is attached to and made a part of this Agreement and will
satisfy the developer ' s UGM street and sewer main construction
requirements in addition to and including the developer ' s standard
street construction requirements as imposed by Fresno Municipal Code
Section 11-208 .
2 . As a condition of the City' s approval of such development,
the Developer is required to construct street improvements as shown
on attached Exhibit "A" and sewer main construction as shown on City
Drawing Nos . 10-C-5643 through 10-C-5645, inclusive. These street
and sewer main improvements are necessary to alleviate the needs and
burdens that will be imposed by the development on the City' s public
street and sewer systems .
3 . The Developer has submitted a request to defer
construction of the necessary street and sewer main improvements on
East Shepherd Avenue.
4 . 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 and sewer improvements required in
connection with such development are guaranteed by specified types
of security.
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AGREEMENT
Therefore, the City and the Developer agree as follows :
1 . The Developer, for the Subdivider , shall perform all work
and install all improvements as described in Paragraph 2 below
within 24 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 Developer submits a written
application to the City' s Public Works Director at least 30 calendar
days prior to the expiration of the 24 month period for performance
and any previous extension thereof stating the reasons and facts
supporting such extension.
2 . The work and improvements that the Developer shall perform
and install are as follows :
(See Attached Exhibit "A" and City Drawings No . 10-C-5643
through 10-C-5645 Inclusive)
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 Developer 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 Developer, for
the Subdivider shall provide to the City:
a . Inspection fees of Five Thousand, Four Hundred
Forty-Six Dollars ($5,446 . 00) payable in cash.
b. Performance security in the amount of One Hundred
Sixty-one Thousand Three Hundred twenty-two Dollars
($161,322 . 00) which is equal to 100 percent of the total
estimated cost of the work and improvements required. Five
percent of this amount, Eight thousand, Sixty-six Dollars
($8, 066 . 00) , shall be cash or a Certificate of Deposit . The
performance security shall be conditioned upon the faithful
performance of this Agreement .
C. Payment security in the amount of Eighty thousand,
Six hundred Sixty-One Dollars ($80 , 661 . 00) 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 .
d. Construction plan security, in the amount of Ten
Thousand and 00/100 Dollars ($10, 000 . 00) , shall be cash or a
Certificate of Deposit . This will secure the preparation of
the necessary street construction plans .
e. Any and all other improvement security required by
Fresno Municipal Code, Section 12-1016 .
f . Attached is a copy of the Engineer ' s Estimate
(Exhibit "B") .
-4-
Bonds shall be by one or more duly authorized corporate
sureties licensed 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 improvements by the
City, warranty security shall be furnished to or retained by the
City in the amount of Four Thousand, Six Hundred Thirteen Dollars
($4 , 613 . 00) for guarantee and warranty of the work and improvements ,
for a period of one 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, the warranty
security shall be in the form of cash or a certificate of deposit .
The warranty security shall be returned to the Developer, less any
amount required to be used for fulfillment of the warranty, one year
after final acceptance of the work and improvements . If the
Developer 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 Developer . If the
security is not sufficient to pay the cost of the work and
improvements, the Developer shall pay such excess cost promptly upon
demand by the City.
5 . As a part of the obligation of the Developer, for the
Subdivider, 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 Developer .
-5-
6 . All work and improvements shall be done at the sole cost
and expense of the Developer including without limitation all costs
of the engineering, inspection, testing, surveying, staking, and all
applicable fees required by the Fresno Municipal Code.
7. Developer, for the Subdivider, 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 strict liability, including but not
limited to personal injury, death at anytime 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 Developer, 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 willfull
misconduct of the City or its officers, agents, or employees .
B . At all times while the work and improvements are being
performed and until they are accepted by the City, the Developer
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
-6-
such policy. Before the work and improvements are initiated,
Developer 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 Developer 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.
11 . This Agreement shall be binding upon and inure to the
benefit of the City, the Subdivider, the Developer, and their
respective assignees, transferees, and successors in interest .
-7-
t 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 SUBDIVIDER
a Municipal Corporation REGENCY-HALLAIAN, a California
limited partnership
+ By: 4"4w4w," " By: Hallaian Homes, Inc . ,
Marvin D. Johnson a California Corporation
Public Works Director Its General Partner
APPROVED AS TO FORM: By:
Frank M. Hallaian
HARVEY WALLACE President
` City Attorney
DEVELOPER
OAKWOOD-DOMINION JOINT VENTURE
By: a partnership
*,_..,
By: Oakwood Financial Service
Corp. , a, California,,
Corpor tion, Genera Partner
By:Y
Donald E. Wqyant
President
By: The Dominion, a California
General Partnership, General
Partner
By: Gary L. McDonald
Construction Co. , Inc. ,
a California
Corpor it ' s
Ge rtner
B
ffp
L. McDonald
resident
By: Leo Wilson Co . , Inc. , a
California Corporation,
it ' s General Partner
By:
eo A. Wilson
President
08/09/90
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss .
On this 22-n6L day of in the year 0
/9— , before
me
personally appeared
Pff
personally known to me (or provided to me
on the basis osatisfactory evidence) to be the
this instrument as the Diry Person who executed
lic
Department and acknowledged to me that the eCity of Fresnoctor of the bexecuteds
it .
JACQUELINE L. RYLE, CMC
City Clerk
By:
Deputy
08/09/90
1.,%1 L(& CAL11 01041A
COUNTY OF Fresno SS.
On this 13th day of AUgMt in the year of
1990 , before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
d Leo A. Wilson personally known
=.i
H to me (or proved to me on the basis of satisfactory evidence) to be the
w President, axe
z
cc'
y
z ONCIAL SFAs
P $=wry of — LEO Wilson CO., Inc. NOTARY
PUBCIA A. BIXLER
1 e corporation that executed the within instrument and known to me NOTARY PUBLIC-CALIFORNIA
00 to be the persons who executed the within instrument on behalf of said i' NOTARY BOND FILED IN
ac corporation, y�i�c_orp o�r�ti w o e of the FRESNO COUNTY
O CJ3IGWOOt1 LaOlnl�lO[1 Je' �ft t My Commlqsbn Expints January f2.1893
partners of the
partnership that executed the within instrument, and acknowledged to
met
h t such corporation executed the same as such partner and that
such a tnership executed th ame.
Patricia A. Bixler
Name (Typed or Printed)
Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP
CT-76
ENGR/2164/A16 —8—
COU NTY OF FRBNO )
• On_August 13 ,19 90 beforL me,the undcnianed,a Notary Public in and for
said Staic,personally
appeared Frank M Hallaian personally
known to me to be the persort(s)who executed the within instrument as President and
secretary,on behalf of Hal i a i an Hom s
,the corporation therein named,and
acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of
its board of directors,said corporation being known to me to be the general partner of
Re!2ency–H a llaian ,the limited
partnership that executed the within instrument,and acknowledged to me that such corporation executed the same
as such partner and that such partnership executed the same
`EAL
WITNESS my hand and of Gaal seal. JQ �i" t'YCON
NOTARY F U:'t.-!G-CAUFORNIA
�fX NOTArtY ti-)ND FILED IN
FRL'S NG COUNTY
My Com-iission Expi,oq March 15. 1991
STATE OF CALIFORNIA) -
COUNTY OF FRESNO )
On August 13 19 9 0 before me,the undetsiped,a Notary Public in and for
said State:,personally
appeared Gary L McDonald persortally
known to me to be the person(s)who executed the within instrument as President and
secretary,on behalf of—GaryL McDonald Construction
T n the corporation therein named,and
acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of
its board of directors,said corporation being known to me to be the general partner of
Th Dominion the limited
partnership that executed the within instrument,and acknowledged to me that such corporation executed the same
as such partner and that such partnership executed the same
o,Fe^,raL SEAL
WITNESS my hand and official seal
CYCON
:NOTnh'+ FUCLIC-CALIFORNIA]
N:')Ta ,f 50iVD FILED IN }
FR"ri!VO COUNTY
Fly Comr-Irssion Eco res March i5. 1991
-r-�-rT
i
j
STATE OF CALIFORNIA l
COUNTY OF Fresno } SS.
pn this_15th day of August ),in the year of
d 1990 before me, the undersigned, a Notary Public in
n
> 2 and for said County and State, personally appeared
c (A Donald E. Weyant agxe xaWdxkarAvAx
L a �_
= XdrCAK*X proved to me on the basis of satisfactory evidence) to be the
pFFICI`.L _
L) ¢ President, xndx R s 14 J ��^,,r r?
v z of Oakwood 1. ' yt',:
= F oo Financial sere;�P Ori I ;f NOT {•t, PU1 I
PRINCIF;;_ oar-Cl
n = �E�Zi S #r?4�?F75 �it�x i ` FREStiO :,0UNTY
Z O racoane�tbkxx t My commissio!t Expires",eg.-4,!�:+C
the corporation that executed the within instrument and known to me
¢ to be the persons who executed the within instrument on behalf of said
O corporation, s8d corpora tion being,known to me to be one of the
7 ¢ partners of vakwOod-Domini ori Joint Vent ire , the
N11 v partnership that executed the within instrument, and acknowledged to N
me that such corporation executed the same as such partner and that 00
C p such p:+rtn p executed the same.
^'Ronald E ebbs
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EXHIBIT "A11
to 16' HANNA A HANNA INC.
32' ENGINEERS, SURVEYORS 6 PLANNERS
1707 N. FRESNO STREET
1 N FRESNO, CALIF. 93703
PHONE (209) 443-1061
TITLE 11[IOAT w.o. • 1.0. Me. /IL[ Mo.
89-08 A-2284
i
NORTH MILLBROOK
r.vicT rnr�r A%/CPlII 117
Jf
a
ENGINEER'S COST ESTIMATE
SHEPHERD AVENUE IMPROVEMENTS
EXHIBIT "B"
I . UGM STREET CONSTRUCTION
Unit
Description Quantity Unit Cost Totals
1 . Concrete Median Curb 2 , 486 l . f . $6 . 00 $14 , 916 . 00
2 . A.C. Pavement 46, 668 s . f . $1 . 30 60, 668 . 40
3 . Median Island Cap 3 , 000 s . f . 1 . 50 4 , 500 . 00
Total $80 , 084 . 40
II . NON-UGM STREET CONSTRUCTION
Unit
Description Ouantity Unit Cost Totals
1. Concrete Curb & Gutter 865 l . f . $7 . 00 $ 6, 055 . 00
2 . A.C. Pavement 15, 520 s . f . $1 . 30 20, 176 . 00
3 . A.C. Transition Pave 7, 230 s . f . $0 . 60 4 , 338 . 00
4 . Streetlights 6 ea . $3 , 000 . 00 18 ,000 . 00
Total $48 , 569 . 00
III . SEWER MAIN CONSTRUCTION
1 . 8" Sewer Main 2013 l . f . $13 . 00 $26, 169 . 00
2 . 48" Manholes 5 ea . $1, 300 . 00 6, 500 . 00
3 . (Inspection fees for this portion of work was previously
paid on CM No. 55365) .
TOTAL ENGINEER'S ESTIMATE $32. 669.00
ENGR/2164/A16