HomeMy WebLinkAboutT-4918 - Agreement/Covenant - 8/14/2006 t j
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4918
Phase II of Vesting Tentative Map of Tract No. 4188/UGM 400
P.W. File No. 10186
THIS AGREEMENT is made this 29"t4 day of 1'1
2001, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Northern Sun Villas Estates, a California Limited Partnership, 2278 Trade
Zone Boulevard, San Jose, California 95131, hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
Subdivision Agreement
Tract No. 4918
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 February 28,2003,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 February 28, 2005, (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 February 28,
2003, (The developer may submit a written request to the Public Works
Director for an extension of time to complete lot comer monumentation).
d. The Street trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
approved by the Parks Division. The responsibility to provide and plant,or
to inspect the required Street Tree planting,shall be in accordance with the
Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of
this Agreement and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees for Tract No. 4944,"
per Resolution No. 98-129 requirements for 50- and 56-foot local street
pattens.
e. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met 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
Subdivision Agreement
Tract No. 4918
Page 5
complete underground street light system as approved bythe Traffic Engineer priorto final
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 Sections 14-107 and 14-111 of the Fresno
Municipal Code. 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. A condition of approval of Vesting Tentative Map No. 4188, is the
responsibility to maintain the landscaping within the 20-feet wide landscape easements
required along the rear and side property lines of all lots along South Minnewawa Avenue.
All final map phases of Vesting Tentative Map No. 4188 are required to annex to the
City's landscape maintenance district and be assessed its fair share of the maintenance
cost for such landscape easements whether or not such easements are within a final map
phase.
The final map of Tract No. 4918 (Phase 1 of Vesting Tentative Map No. 4188) was
annexed into the City's Community Facilities District No. 2 (CFD-2) to satisfy a portion of
the tentative map landscape maintenance requirement. Future final map phases of
Vesting Tentative Map No. 4188 will complete the required landscaping as well as
Subdivision Agreement
Tract No. 4918
Page 7
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 the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence
to business in California subject to the approval of the City and on fortes furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
L 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit, and
ii 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate 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. Payment Security shall be in the form of a bond or
Subdivision Agreement
Tract No. 4918
Page 9
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.
9. 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.
10. 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.
11. 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
Subdivision Agreement
Tract No. 4918
Page 11
15. 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.
16. 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 an approved dust palliative 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 orwithin
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
w •-
Subdivision Agreement
Tract No. 4918
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
NORTHERN SUN VILLAS ESTATES
MARK I. WILLIAMSON, P.E., DIRECTOR A Califomia Limited Partnership
PUBLIC WORKS DEPARTMENT By: Northern Califo Universal Enterprises, Co
a Californi orporation, as Partner
By:
By:
Joe Wu, President
ATTEST:
REBECCA E. KLISCH
CITY CLERK
By.
Deputy (Attach Notary'Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO TOY '
City Attorney
By:
Deputy
DATE: OV MBER 15,2000
EXHIBIT A Subdivision Agreement for Tract No. 4818, Phase 11 TTr. 4188
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate
Well Construction Cost Estimate �:=�•.-.-�
i �•...............i ei:s•ir•si:e::aeiu:':
Sewer System Construction Cost Estimate
Street Construction Cost Estimate
µi
Final Cost Estimate (for Inspection Fee purposes) $331,837 Is .. .............................
Landmarks, Monuments, Lot&Block Comers(350/ea) $5,400
Sub-Total (for bonding purposes) $337,237
Construction Contingency(10%) $33,7241
TOTAL COST ESTIMATE"
(for Improvement securities purposes) $370 961 $371,000]
•All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $352,500
�. 5% of amount shall be in cash or a Certificate of Deposit $18,6001
Payment Security (50%of Total Cost Estimate)
100%of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $185,5001
Faithful Peformance Security to Guarantee Completion of Plans
..................
.................................................................
.................................................................
Street Plans
tWater)
Unlit Plans Sewer.Wa er Storm
Street Light Plans
.
a
...........................................
:::::::::::::::::
Ld
nscain /Irri ation/Walls
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT" (due as condition of acceptance of the work)
5% of first $50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $3,000
0.5% of amount over$500,000 $0
Minimum amount $8,000,
EXHIBIT A 00111/00 Prepared By: Louis Rocha Date: 11/10/2000 Print Date:12/06/00 4:40:50 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract No. 4918, Phase II of T.Tr. 4188
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
..............................
Gross Acres
11000': Net Acres
..........................:.
I10i5355i Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
Units(residential)
LUE(non-residential)
..................... .
Zoning
i ii€=i':u m Input'ugm'it within the Urban Growth Management Area or'no'
1. LOCAL DRAINAGE FEES
8G` FMFCD Drainage Area
1 ;5360';Acres per FMFCD 54:230;per Acre 544,567.00
FMFCD Drainage Area
0000 Acres per FMFCD per Acre na
Less FMFCD Drainage Fee Credits 1 $28,528,211
Local Drainage Fee 1 $16,039.00 $16,039300-1
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: None 0 SF
Frontage 0 SF
Frontage. mo�i. O: SF
Total Square Feet LTJ F
OSF; sub-total Lateral Sewer Charge @ 50.10 per SF 50.00
Less estimated Lateral Sewer Charge Credits I som
Lateral Sewer Charge $0.001 50.00''
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
UGM Reimbursement Area
Frontage: None 0.SF
Frontage. 0.SF
Frontage: ��` 0' SSF
Total Square Feet l�J"F
1�SF;sub-total Oversize Sewer Charge @ 50.05 per SF 50.00
Less estimated Oversize Credits $0.001
Less estimated Overdepth Credits $0.00'
Oversize Sewer Charge $ so.-0-0-1-
(c)
0.00(c)Trunk Sewer Charge
F---Fow-1-erJ Trunk Sewer Service Area
50 Units @ 5344.00 per Unit 1 ,2 $17,200.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Ca achy Enhancement Charge
N/A Trunk Sewer Service Area
50 Units @ 50.00 per Unit $0.00
EXHIBR B v10/11/00 Prepared By:Louis Rocha Date:11/10/2000 2nd Revision:04103101 Printed 04/03/01 4:05:15 PM Page 2 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4918, Phase 11 of T.Tr. 4188
AMOUNT
EXTENSION NET AMOUNT OUE DEFERRED
(a]Transmission Grid Main Charge
UGM Reimbursement Area
0.5355 Gross Acres 560.00 per Gr Acre 5 899.88
0.0000 Not Acres 5700.00 per Net Ac na
Less Esdmat*dTGM Construction Credits-Phase I
Transmission Grid Main Charge 1( so-0-01.
(f)Transmission Grid Main Bond Debt Service Charge
10.5355 Gross Acres Per Gr Acre 32 560.13
0.0000 Net Acres 5304.00 per Net Ac na
Less Estimatec!TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1 $2,560.13
**Subject to vesting tentative map date,fee
may not be applicable until 2-years after date
of Final Map recordation.when applicable,
fee Is due at Building Permit for all
un-developed lots at the fee rate then in
effect.
M Water Supply Fill
—
S Supply Well Service Area
50 Living Units(residential) per Unit 325 350.00
DO Living Unit Equivalents(LUE),non-residential Unit 30.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $25,350.00325,350.00
(h)Well Head Treatment Fee
OMWell Head Treatment Service Area
50LivingUnits(residential) @ per Unit 310 350.00
Living Unit Equivalents(LUE);non-residential @ per Unit 30.00
Less Estimated Well Head Treatment Fee Construction Credits :::Koo
Well Head Treatment Fee 1 310 350.00 350.00
(iRechargUFee
a Fee
601 Service Area
50 Living Units(residential) per Unit 33,050.00
Living Unit Equivalents(LUE);non-residential per Unit 30.00
Less Estimated Recharge Fee Construction Credits 30.00
Recharge Fee $3.050.0053,050.00
(j)1994 Bond Debt Service Fee
�501 1994 Bond Debt Service Fee Service Area
501 Living Units(residential) @ per Unit 312 200.00
Living Unit Equivalents(LUE);non-residential Q per Unit 30.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $12,200.00 90.00 12,200.00
EXHIBIT B 00M1100 Prepared By.Louis Rocha Date:ll/lOr2OOO2nd Revision:04/03/01 Printed 04/03101 4:05:15 PM Page 4 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4918, Phase II of T.Tr. 4188
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(i O�EWER SERVICE AREA
Millbrook Overlay Service Area
10.5355 Adjusted Gross Acres ;.=O:OU =. per AG Ac 0 SO!00 50.00
Total kn ct Fees 3 Charges
',..� 11.81XY2 28'>. •;60195:G1 ..:::...36"3 30.55;::
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 19 771't9$i>
TOTAL(B) IMPACT FEES 3 CHARGES 380195!61 363'230'55`
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash `'=1399`96709<
EXHIBIT B00111/00 Prepared By:Louis Rocha Dale:11/10/2000 2nd Revision:04/03/01 Printed 04/03/01 4:05:16 PM Page 6 of 6