HomeMy WebLinkAboutT-4600 - Agreement/Covenant - 8/21/2006 -----------------------------------SPACE FOR RECORDERS USE ONLY-----------------------------------
P.W. File 9506 City of Fresno
Public Works Department
EARLY CONSTRUCTION AGREEMENT
FOR SEWER, WATER AND STORM DRAIN IMPROVEMENTS
FOR COUNTY OF FRESNO TRACT NO. 4600
THIS AGREEMENT is made as of Mt�� 9 a 1994, between
Assemi Development, Inc. ("Subdivider"), and Assemi Development, Inc. ("Owner"), and the CITY
OF FRESNO, a Municipal Corporation ("City").
RECITALS
A. The Owner represents and warrants that it owns real property ("subject property")
situated in the County of Fresno, described as follows:
PROPOSED COUNTY OF FRESNO SUBDIVISION NO. 4600, see attached Legal
Description entitled Exhibit "A" which is hereby incorporated by reference as if set
out in full.
B. The Owner and Subdivider hereby warrant that any and all parties having record title
interest in the Subject Property which may ripen into a fee have subordinated to this instrument.
C. All such instruments of subordination, if any, are attached hereto and made a part of
this instrument.
D. Subdivider will construct homes on the subject property and has a legal interest in
the subject property.
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E. Subdivider wishes to commence construction of the sewer, storm drain, and water
improvements within the tract being developed prior to approval of the final subdivision map for
Tract No. 4600.
F. The City and County of Fresno are unwilling to permit such construction or inspect
the same without assurance that no vested rights or entitlements will be conferred by the issuance
of this early construction permit or by the acceptance of such construction upon inspection.
G. Subdivider acknowledges that such improvements will be accepted only if they
comply with all applicable City standards, codes and ordinances and are located within public rights
of way as fixed and dedicated upon such subdivision map as may be finally approved by the County
of Fresno, provided that in no case shall acceptance of such improvements be final until approval
of the final map by the Fresno County Board of Supervisors.
H. Subdivider understands and acknowledges that the improvement described herein shall
be subject to acceptance or rejection by the City or County upon inspection thereof, and upon the
terms and conditions contained herein.
AGREEMENT
THEREFORE, IN CONSIDERATION of the foregoing recitals and the agreement by the
City to permit and inspect the early construction of the sewer, storm drain, and water improvements
on Tract 4600, it is mutually agreed and understood by and between the Owner, the Subdivider, and
the City, that the Owner, the Subdivider and the City do hereby mutually agree as follows:
1. The Subdivider shall construct and install all work as shown on approved City
Drawing Nos. 10-C-6681 through 10-C-6698 inclusive, and FMFCD Storm Drain Plans Drawing
Nos. DK-41-1 through DK-41-2 in and upon the subject property.
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, 1984, by Resolution
No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
2. 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
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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.
3. Before the City signs this Agreement, the Subdivider shall provide to the City:
a. Inspection fees in the amount of SIXTEEN THOUSAND FOUR HUNDRED
TWENTY-SEVEN DOLLARS ($16,427.00), payable in cash.
b. Sewer and water plan review fees of 0.00 DOLLARS ($0.00), payable in cash.
C. Wet tie charges in the amount of TWENTY-TWO THOUSAND DOLLARS
($22,000.00), payable in cash.
d. Fee for water used for sewer trench compaction in the amount of SEVEN
HUNDRED FIFTY-THREE DOLLARS ($753.00), payable in cash.
e. Performance security in the amount of THREE HUNDRED SEVENTY-TWO
THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS ($372,756.00), which is equal to
100 percent of the total estimated cost of the required sewer and water improvements. Five
percent of this amount, EIGHTEEN THOUSAND SIX HUNDRED THIRTY-EIGHT
DOLLARS ($18,638), shall be cash or a Certificate of Deposit. The performance security
shall be conditioned upon the faithful performance of this Agreement.
f. Payment security in the amount of ONE HUNDRED EIGHTY-SIX
THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS($186,378)which is equal
to 50 percent of the total estimated cost of the required sewer and water improvements. 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.
g. Any and all other improvement security required by the Fresno Municipal
Code, Section 12-1016.
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 water and sewer improvements by the City, warranty
security shall be furnished to or retained by the City in the amount of SIX THOUSAND SEVEN
HUNDRED TWENTY-EIGHT DOLLARS ($6,728.00) for guarantee and warranty of the work and
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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 subdivider, less any amount required to be used for fulfillment of
the warranty, one year after the final acceptance of the work and improvements. If the Subdivider
fails to perform to install 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 Subdivider. If the security is not sufficient to pay the cost of the
work and improvements, the Subdivider shall pay such excess cost promptly upon demand by the
City.
5. As a part of the obligation of 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 Subdivider or Owner.
6. This Agreement shall in no way be construed as a grant by the City or County of any
right to Subdivider to trespass upon land rightfully in the possession or, or owned by, another,
whether such land be privately or publicly owned.
7. The Owner and Subdivider grants the City of Fresno the right to enter upon the
subject property for purposes of inspection of the improvements.
8. Adequate dust control shall be maintained by the Subdivider on all streets within the
area on which work is required to be done under this Agreement from the time work is first
commenced on Tract No. 4600 until the work and improvements are completed. "Adequate dust
control" as used herein shall mean the sprinkling of the streets with water 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 Tract No. 4600. 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
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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 he may deem advisable to eliminate the scattering of dust, by
equipment and personnel of the City or by contract as the City Engineer shall determine, and the
Subdivider agrees to pay to City forthwith, upon receipt of billing therefore, the entire cost to City
of such sprinkling. When the surface 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.
9. Owner and 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 any time and
property damage), and from any and all claims, demands and actions in law or equity (including
attorney's 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
Subdivider, 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.
10. At all times while the work and improvements are being performed and until they are
accepted by the City, the Subdivider 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,
Subdivider,shall provide the City with a certificate evidencing such insurance,in a form satisfactory
to the City's Risk Manager.
11. Time is of the essence of all provisions of this Agreement.
12. The Owner and Subdivider 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.
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13. This Agreement shall be binding upon and inure to the benefit of the City, the Owner,
the Subdivider, and their respective assignees, transferees, and successors in interest.
14. 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 SUBDMDER AND OWNER:
a municipal corporation ASSEMI DEVELOPMENT, INC.
By: - Q-'A 1�7. r,I'll. By: 6 �H..,..
Ray and G. Salazar H N 0, M /LU Y i(.4 5)^q
Acting Public Works Director
By:
By:
APPROVED AS TO FORM:
AME LOUGH
City Attorn y
Deputy
NUambJSWRI LNL
April 19, 1994
6
State of California )
ss
County of Fresno )
On May 2, 1994, before me, DORIS O'NEAL, Notary Public, personally appeared JOHN
D. MORRIS, personally known to me, or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of ASSEMI
DEVELOPMENT, INC. of which the person acted, executed the instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
DORIS O'NEAL
Q NOTARY PUBLIC CALIFORNIA
rUTARE COUNTY
My Comm ERprosNov 18 1994 I
TITLE OR TYPE OF DOCUMENT: Early Construction Agreement, Tract 4600
NUMBER OF PAGES: 9
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 91-h , 199 'Y , before me,
personally appeared &&n,--L A
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persono r)
whose name(j) is/an subscribed to the within instrument and acknowledged to me that he/aheAMy
executed the same in his/ authorized capacity(i*, and that by his♦1hemWwirsignatureQ() on
the instrument(io the person(X), or the entity upon behalf of the CITY OF FRESNO of which the
person(o acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
Deputy
NUamh/SWRI 1.NL
April 19, 1994
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Tract No. 4600
P.W. File No. 9506
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of trust recorded
on February 28, 1994, in the office of the Fresno County Recorder in Book
Page _____ Document No. 94032905 of which the Deed of Trust in, by, and between Assemi
Development, Inc., as Trustor, Union Bank, a California corporation, as Trustee, and Union Bank,
a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its
beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and
Easements.
DATED: nr;l 8 19„9-4 . Union Bank, a California Corporation
as Beneficiary and Trustee
nald M. Vice President
Chuck Guinn, Vice President
STATE OF California )
COUNTY OF Fresno )
On April 28, 1994 before me, Maria R. Lang , a
Notary Public, personally appeared Ronald M. Dunn and Chuck Guinn.
vice Presidents of Union Bank, a California corporation ,
personally known to me, or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) im4are subscribed to the within instrument
and acknowledged to me that /they executed the same in 2Qb2ytheir
authorized capacity(ies) , and that. by mar/their signature(s) on the
instrument the person(s) , or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. MARURLANG
cot>,�,t s9ssree
Notary Pw*-Canamia
'! (Seal) Z - , FRESNO coUNTV
Mtr eaeuroxpires MAY 01.1998
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Tract No. 4600
P.W. File No.9506
EARLY CONSTRUCTION AGREEMENT
FOR SEWER, WATER AND STORM DRAIN IMPROVEMENTS
FOR COUNTY OF FRESNO TRACT NO. 4600
1. SEWER CONSTRUCTION
Engineer's Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140,117.00
Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,432.00
Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . $143,549.00
2. WATER CONSTRUCTION
Engineer's Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . $210,670.00
Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,537.00
Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . $229,207.00
3. STORM DRAIN CONSTRUCTION
Engineer's Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26,166.00
Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,254.00
Adjusted Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,420.00
4. TOTAL FOR INSPECTION FEE CALCULATION $403,176.00
$0410,000.00 (7%) . . . . . . . . . . . . . . . . . . . . . . . . $
$10,001.00-$500,000.00 ($700.00 + 4%) . . . . . . . . . . . . . . . $16,427.00
Over $500,000.00 ($20,000.00 + .5%) . . . . $
Total Inspection Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,427.00 $16,427.00
5. ENGINEERING PLAN REVIEW FEE: WATER
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,795.38
Date 7/16/93 Date 12/20/93
CM No. 70032 CM No. 73175
Amt. Pd. $230.00 Amt. Pd. $3,565.38
Balance Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
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EARLY CONSTRUCTION AGREEMENT
FOR SEWER, WATER AND STORM DRAIN IMPROVEMENTS
FOR COUNTY OF FRESNO TRACT NO. 4600
P.W. File No. 9506
Page 2
6. ENGINEERING PLAN REVIEW FEE: SEWER
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,383.24
Date 7/16/93 Date 12/20/93
CM No. 70032 CM No. 73175
Amt. Pd. $230.00 Amt. Pd. $2,153.23
Balance Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
Total Plan Review Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 $0.00
7. SEWER TRENCH COMPACTION CHARGE . . . . . . . . . . . . . . . . . $753.00
8. MISCELLANEOUS WATER CHARGES: (ESTIMATED)
Water Job No. 4137
E-13218 Wet Tie Connection
(a) Sht. 5, Sta. 22+52-96: Connect 14" water main to . . . . . . . $3,000.00
an existing 14" water main in N. Granville Ave.
(b) Sht. 6, Sta. 10+45: Connect 8" water main to an . . . . . . . . $2,500.00
existing 8" water main in E. Waterford Ave.
(c) Sht. 11, Sta. 10+44-04: Connect 8" water main to . . . . . . . $2,500.00
an existing 8" water main in E. Ticonderoga Ave.
(d) Sht. 12, Sta. 19+95-42: East Behymer and . . . . . . . . . . . . $3,000.00
N. Rowell Ave. Connect 8" water main to an
existing 14" water main
(e) Sht. 15, Sta. 11+40.78: Connect 8" water main to . . . . . . . $2,500.00
an existing 8" water main in North Boyd Avenue south
of East Waterford Avenue
(f) Sht. 16 Sta. 4+31.06: Connect 8" water main to an . . . . . . $3,500.00
existing Q" water main in North Cedar Avenue and
East Brandywine Avenue and install one-way valve
(g) Sht. 17, Sta. 10+00: Connect 14" water main to an . . . . . . $2,500.00
existing 14" water main in East Plymouth Avenue west
of North Cedar Avenue
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EARLY CONSTRUCTION AGREEMENT
FOR SEWER, WATER AND STORM DRAIN IMPROVEMENTS
FOR COUNTY OF FRESNO TRACT NO. 4600
P.W. File No. 9506
Page 3
(h) Sht. 18, Sta. 13+10.92: Connect 14" water main to an . . . . $2,500.00
existing 14" water main in East Behymer Avenue west of
North Rowell Avenue
Total Water Related Charges . . . . . . . . . . . . . . . . . . . . . . . $22,000.00 $22,000,00
9. EARLY CONSTRUCTION AGREEMENT
PREPARATION FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $430.00
Date 4/6/94
CM No. 75016
Amt. Pd. $430.00
Balance Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 $0.00
TOTAL CHARGES $39,180.00
NUam6✓SWRI 1.NL
April 19, 1994
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