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HomeMy WebLinkAboutT-4826 - Agreement/Covenant - 8/16/2006 6• SUBDIVISION AGREEMENT City of rnc-Iwo a-,.. PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (559) 498-1602 Tract No. 4826 A PLANNED DEVELOPMENT P.W. File No. 10127 THIS AGREEMENT is made this 2/�"� day of be, 190 19�_, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and CENTRAL PACIFIC BUILDERS, INC., a California Corporation, 466 West Fallbrook Avenue, Suite 110 , Fresno, California 93711 hereinafter designated and called the "Subdivider,"without regard for number or Gender. Subdivision Agreement Tract No. 48261UGM 540 A Planned Development Page 3 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: 1. The Subdivision is subject to the following: a. The work and improvements shall be performed hereinafter specified on or before September 30, 2000, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before September 30, 2002, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Lot comer monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before September 30, 2000, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. The Lot Street trees shall be planted by the City Parks, Recreation and Community Services Department upon occupancy of each lot as provided by code. The Subdivider has paid the required fee for tree planting by the City Parks, Recreation and Community Services Department as shown in Exhibit"B." e. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the 1994 Uniform Fire Code (UFC). The Subdivider's attention is particularly called to UFC Sections 901.3, 901.4.3, 902.1, 903.1, 903.2, 903.3, and 903.4.2 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 with approved street lighting on line and operational. 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. Subdivision Agreement Tract No. 4826/UGM 540 A Planned Development Page 5 acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 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 §13-120.3315 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. h. Wet-Ties shall be in accordance with Sections §14-107and 14-111 and Estimate No. E-16433. The amounts identified below 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. i. As a condition of final map approval the Subdivider is required to install landscaping and an irrigation system in a 10-foot landscape easement along the rear and side property lines of all lots which back-onto and side-onto West Sierra Avenue frontage of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed acknowledgments (see Exhibit"C") from each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that the lot will have an annual Subdivision Agreement Tract No. 4826/UGM 540 A Planned Development Page 7 submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. 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. 5. 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 Four Hundred Two Thousand and 00/100 Dollars ($ 402,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Twenty Thousand One Hundred and 00/100($20,100.00), shall be cash or a Certificate of Deposit; the remaining 95%, Three Hundred Eighty-One Thousand Nine Hundred and 00/100 Dollars($381,900.00)shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and Subdivision Agreement Tract No. 4826/UGM 540 A Planned Development Page 9 accordance with the Standard Specifications of the City. 7. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Seven Thousand Twenty and 001100 Dollars ($ 7,020.00), 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 §2-1016 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. 8. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 9. 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,defend, 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 Subdivision Agreement Tract No. 4826/UGM 540 A Planned Development Page 11 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. 13. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 14. 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. 15. 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. Subdivision Agreement Tract No. 4826/UGM 540 A Planned Development Page 13 City of such sprinkling or treated. 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. 18. 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. 19. 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. } STATE OF CALIFORNIA }ss. COUNTY OF FRESNO } On AUGUST 31, 1999, before me DARRYL EVANS, personally appeared RICK NISBETT AND STEVE LUTTON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/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. Signature D02000A , U � , ,dam 65 FORNIAO Y 0 000 A 1994 UNIFORM FIRE CODE and other obstructions. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. See also Section 1001.7. 901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. 901.5 Obstruction and Control of Fre Apparatus Access Roads and Fre Protection Equipment. See Sections 902.2.4 and 1001.7. 901.6 Fre Protection in Recreational Vehicle,Mobile Home and Manufactured Housing Parks,Sales Lots and Storage Lots.Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. SECTION 902-FIRE DEPARTMENT ACCESS 902.1 General.Fire department access roads shall be provided and maintained in accordance with Sections 901 and 902. 902.2 Fre Apparatus Access Roads. 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to buildings. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief. 2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require PAGE 2 EXHIBIT "A" y 1994 UNIFORM FIRE CODE 902.2.3 Marking. See Section 901.4. 902.2.4 Obstruction and control of fire apparatus access. 902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any manner,including parking of vehicles.Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief. EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXCEPTION:When authorized by the chief or performed by public officers acting within their scope of duty. 902.3 Access to Building Openings. 902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings required by this code or the Building Code shall be provided when required by the chief. 902.3.2 Maintenance of exterior doors and openings. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit doors. For access doors for high-piled combustible storage, see Section 8102.5.2. PAGE 4 EXHIBIT "A" 1994 UNIFORM FIRE CODE the premises or both to be protected as required and approved by the chief. See Appendix III-B. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902.2. 903.4.3 Protection, marking and obstruction of hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see Section 1001.7. 903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2. PAGE 6 EXHIBIT "A" Tract No.4826/UGM640 23-Aug49 3. Storm Sewer Construction (Part of Early Agreement) Engineer's Estimate $0,00 Adjustments Adjusted Cost Estimate $O.M 0. 4..Street Construction (Part of Early Agreement) Engineers Estimate $0.00 Adjustments $0.00y Adjusted Cost Estimate 4a. Street Construction Engineer's Estimate $227,558. Adjustments $76,551.50 Engineers Estimate(UGM) $0.00 Adjustments(UGM) $0.00 Storm Drain Construction $3.000.00 Adjustments $10,000.00 Landscape,Fence and Irrigation Construction 6-Foot Perimeter Masonry Wall/Solid Fence Construction 752 LF @1 $35.00 /LF 1 $26,320.00 6-Foot Chain Link Fence Construction 645 LF @ $12.00 /LF 1 $7,740.00 Landscaper/Irrigation Construction 11780 SF @ $2.00 /SF $23,560.00 1.33 width 6-Foot Wall LF@ $0.00 /LF Adjusted Cost Estimate $221.627.00 E-1 Type Electroliers I @ 1 $3.000.00 1 Ea $12,000.0-01 E-2 T ElectroliersI @ $2.500.00 1 Ea $20,000.00 Safety Lighting 8 0 @ $0.00 Ea $0.00 Total Adjusted Street Estimate $253,627.m $253,627.00 Total Construction Cost for Inspection Fee Calculations 3 9 232.00 SubTotal for Bonding Calculations(SubTotal for Bonding less ECA Bonding) $359,232.00 ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) ECA Total for Streets(For Inspection Fee Calculations) EXHIBIT"B" Page 2 Tract No.4826/UGM640 23-Aug-99 SUBDIVISION FEES, CHARGES AND DEFERRALS (1) INSPECTION FEES (2) MONUMENT CHECK FEE 451 LOTS 530.00 /LOT(Min$200.00) �� (3) INTERSECTION SIGNING F 51 Q 173.00 (4) TRAFFIC REGULATORY/WARNING SIGNING © � $77.00 ea (6) NO PARKING- AND BIKE LANE SIGNING L.�� @ F $77.00 1 ea (6) STREET TREES City planted street trees. ^ L0 Trees 3102.00 /Tree Street Tree Ins action Fee(Privately planted lot trees to be maintained b the home owners) 61 Trees 328.00 [Tree 1 08.00 Field Inspection Fee(CFD No.2) :i](0--no 1-Yes) (7) FMFCD DRAINAGE FEE Zone District: R-1/UGM Drainage Area: "EG" 1.7840 AC S4 850.00 /AC $8 701.00 Drainage Area: `EH' 8.6584 AC S4 980.00 /AC $43,119.00 Less FMFCD Fee Credits [ 0.00 ] Total FMFD Drainage Fees Due with Agreement (8) POND MAINTENANCE FEE — SF DISF 0. (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE �LF Q I _J/LF (10)SEWER TRENCH WATER COMPACTION CHARGE 1892 CY $0.121 /CY /® (11)SANITARY SEWER FEES (a)Lateral Charge Deferred by Covenant 1 (0--no 1=yes 141944.00 SF @ 1 $0.10 /SF Lgs Lateral Charge Fee Due for EIRP Lots Lateral Charge Deferred by Covenant Lateral Charge Due with Agreement (b)Oversize Charge (UGM Reimbursement Area No. 18 ) Deferred by Covenant 1 (o=no 1=yes 141944.00 SF @ $0.05 ISF $7,097.20 Less Oversize Credits [ $0.00 ] Less Overdepth Credits [ $0.00 ] Oversize Charge $7,097.20 Oversize Charge Deferred by Covenant S7 097.20 Oversize Charge Due with Agreement (c)Trunk Sewer Charge Trunk Sewer Service Area IGRANTLAND 45 UNITS (d1 3419.00 /UNIT $18,855.00 (d)Wastewater Facilities Charge Fee obigatgtion to be paid at the rate in effect at time of issuance of building permit.The following fee rates have been adopted by the City Council$2119.00/unk. EXHIBIT"B" Page 4 i Tract No.4826/UGM640 23-Aug-99 (g)Water Construction Charge 45 LOTS51.25 /LOT UNIT DEFINITION for Well Head Recharge Fees 1994 Bond De t 8,Water Supply Units by: [-Living Units (h)UGM Water Su I Char e Su I Well No. 201s 45 UNITS/LOTS Q $354.00 /UNIT $15 930.00 UGM Water Well Construction Credits ( $0'00 j UGM Water Supply Charge �1 (i)Well Head Treatment Fee Well Head Treatment Service Area 201 45 UNITS/LOTS @ r $0.00 UNIT/LOT $00 Well Head Treatment Construction Credits [ —$0--00-1) Well Head Treatment Fee 36.00 (j)Recharge Fee Recharge Service Area 201 45 UNITS/LOTS @ F $0.00 UNIT/LOT 50.00 Recharge Construction Credits [ $0.00 ] Recharge Fee Due (k)1994 Bond Debt Service Fee Deferred by Covenant 1 (O=no 1=yes) 1994 Bond Debt Service Area: r 201 45 UNITS @ $O.QO UNIT $0.00 Bond Debt Well Credits [ $0.00 ] 1994 bond Debt Service Fee $0.00 1994 Bond Debt Service Fee Due for EIBP Lots $0.00 1994 Bond Debt Service Fee Deferred by Covenant $0.00 1994 Bond Debt Service Fee Due with Agreement Total Water Charges Deferred by Covenant Total Water Charges Due with the Agreement $18,789.62 GROSS ACREAGE ADJUSTMENT 10.4523 1 Gr.Ac. Excludes Area of Arterial 6 Collector Sbeels: West Sierra Avenue 0.9365Ac. skeet? 0 Ac. Adjusted Gross Area 9.5158 Adj.Ac. (13)UGM FIRE STATION FEE Service Area No. 1 14 Zone District No. I R-1/UGM Deferred by Covenant 1 (O=no 1=yes 10.4523 Acres $547.00 /Ac $5 717.41 UGM Fire Station Fee Due for EIBP Lots $0.00 UGM Fire Station Fee Deferred by Covenant $5717.41 UGM Fire Station Fee Due with Agreement $0.00 0.00 (14)UGM NEIGHBORHOOD PARK FEE Service Area No. 5 Zone District No. R-1/UGM Deferred by Covenant 1 (O=no 1=yes 10.4523 Acres @ F$1 695.00 /Ac $17,716.65 UGM Neighborhood Park Fee Due for EIBP Lots UGM Neighborhood Park Fee Deferred by Covenant $17 716.65 UGM Neighborhood Park Fee Due with Agreement $0.00 EXHIBIT"B" Page 6 Tract No.4826/UGM640 23-Aug-99 (22)LANDSCAPE MAINTENANCE DISTRICT FEE A. Antici ated Maintenance Cost tPlanter Areas) 451 Lots @ 567.24 /Lot $3,025.80 B. Incidental Expenses(Legal fees,Publications,Mailings,Engineering) Assessment District Proceedings 45 Lots @ 525.00 /Lot $1,500.00 (51,500.00 min Landscape Maintenance District Fee 4,525.50 suagn TOTAL FEES AND CHARGES DEFERRED BY COVENANT < : TOTAL FEES AND CHARGES DUE WITH AGREEMENT EXHIBIT"B" Page 8 '1 ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand thatthe property I/We have purchased lot(s) of Tract No. 4826/UGM 540, is subject to an annual assessment currently estimated at$ 81.00. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4826/UGM 540. I/We understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document I/We have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date FT4826 Subdivision Agreement.wpd (August 20, 1999) EXHIBIT "C"