HomeMy WebLinkAboutT-6217 - Agreement/Covenant - Subdivision Agreement - 12/12/2018 7 mill R10for,CrMM'� ' lui 11111
RECORDING REQUESTED BY 2018-0147822
AND WHEN RECORDED MAIL TO: FRESNO County Recorder
Paul Dlctos, CPA
City Clerk Wednesday, Dec 12, 2018 08:00:00 AM
City of Fresno Titles: 3 Pages: 34
2600 Fresno Street Fees: 9
00
Fresno, CA 93721-3603 CA SB2 Fee: 137.137.
Taxes:
0.00
Total: 0.00 0.00
.L (� r� CITY OF FRESNO�MQI irc;h SBZ7dES�L12 �� - -NO FEE-Govemment Code 6103(4 4
City of
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, Califomia 93721-3616
(559) 621-8650
P.W. File No. 12330
O
SION AGREEMENT
FINAL MAP T T NO. 6217, PHASE 2 OF VESTING
TATIVE MAP NO. 6056
N� SUQORiJiNgT/oNs
O
O
DOC#2018-0147822 Page 2 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 2
THIS AGREEMENT is made this 5 � day of NeJyE�"QGtZ 20 1k, by and
between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"
and,WC ASHLAN HAYES,LLC,a California Limited Liability Company, 1446 Ilhouse Road,
Suite 103, Clovis, CA 93611, hereinafter designated and called the"Subdi n t regard for
number or gender.
RECITALS
A. The Subdivider has filed with the City,a Final Ma which poses the subdivision of
land owned by Subdivider, situated in the City of Fresno, resno, State of California,
dividing the real property more particularly described as f I s:
Lots 1 through 62, inclusive and utl B of the Final Map of Tract No.
6217 accoffling to the map there n /Z(/2120/8 _, in
Volume of Plats at Pa e(s) Fresno County Records.
B. The City requires, as a co i n ent to the acceptance and approval of the
Final Map, the dedication of such str ig ays and public places and easements as are
delineated and shown on the Final Ma d deems the same as necessary for the public use,and
also requires that any,and all str is eated and shown on the Final Map shall be improved by
the construction and the ins a improvements hereinafter specified.
C. Section 1 of a Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agree Ith a City whereby Subdivider agrees to do, perform and complete
the work and matt req as Conditions of Approval for Vesting Tentative Map No.6056 dated
September 7, 6 i d by the City and any amendments thereto (hereinafter referred to as
"Conditions p I", hereinafter set forth in detail, within the time hereinafter mentioned, in
conside f acceptance of the offers of dedication by the City of Fresno.
The Subdivider desires to construct the improvements and develop the subdivision.
The Subdivider hereby warrants that any and all parties having record title interest in
t FiMap which may ripen into a fee have subordinated to this instrument and that all such
n t ments of subordination, if any, are attached hereto and made a part of this instrument.
DOC#2018-0147822 Page 3 of 34
Subdivision Agreement
Final Map of Tract No. 6217
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 the Final Map, and in nsideration of
finding of substantial compliance with said Tentative Map, it is mutually a erstood by
and between the Subdivider and the City,and the Subdivider and the C' a ally agree
as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be rmed reinafter specified on or
before one (1)year of the date of this agreement, oted below.
b. The Street Trees required fore I be provided and planted by the
Subdivider upon occupancy of each lot All of Street Trees to be planted in the
subdivision shall be as approved by the Ci i . The Subdivider shall notify the Public
'Works Department- Construction Mrageme Division of the planting schedules and to
schedule inspections.
C. The Issuance of i rmits for any structure within the subdivision shall
conform to the requirements o pre ailing Uniform Fire Code (UFC). The Subdividers
attention is particularly apter 5, Part 9 of Title 24 of California Code of
regulations relating to Fi a ent access and water supply. No building permit shall be
issued until all Fire access and fire fighting water supply requirements have
been met. No o cY it shall be issued until all Fire Department requirements for
occupancy have n The issuance of any occupancy permits by the City for dwellings
located withi ivision shall not be construed in any manner to constitute an
acceptan d ap val of any or all of the streets and improvements in the subdivision.
No certificates of oc cupancywill be issued nor any human occupancy allowed
for y ing on any lot of the subdivision until permanent sanitary sewer and water
S i termined to exist by the Director of Public Utilities Department.
e. When a delay occurs due to unforeseen causes beyond the control and
�M out the fault or negligence of the Subdivider,the time of completion may be extended for
period justified by the effect of such delay on the completion of the work. The Subdivider
shall file a written request for a time extension with the Director of Public Works prior to the
DOC#2018-0147822 Page 4 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 4
above noted date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements (including street trees
planting)may be granted by the Public Works Directorwith an extension fee from the current
Master Fee Schedule based upon the initial estimated total improvement The Director
of Public Works shall give the Subdivider written notice of his dete in i ng.,which
shall be final and conclusive.
. 2. The work and improvements ("Improvements"), mo s eci Ily shown on the
referenced plans which are incorporated by reference and ma a part thi Agreement,shall be
done in accordance with the construction standards contained i current edition of the City
of Fresno Standard Specifications and Drawings(City Cou i lution No.70-36 and Resolution
No.84-361)and any amendments thereto,(hereinaft e o as "Public Works Standards") at'
the sole cost and expense of the Subdivider inc g is of engineering, inspection and
testing. The construction cost estimates, an rres ding Improvement and warranty security
requirements for these Improvements are s Exhibit"A"which is incorporated by reference.
3. The Improvements ar foil
a. Set all la m onuments and lot comers required to locate land
divisions shown on the Fin Pursuant to Section 66497 of the State Subdivision Map
Act, prior to the C' i acceptance of the subdivision and release of securities, the
Subdivider shall s vidence to the City of Fresno of payment and receipt thereof by the
Subdivider's eng' r o surveyor for the final setting of all monuments required in the
subdivision.
tility systems shall be installed underground. Subdivider's attention is
dime nstallation of street lights in accordance with Resolution No. 78-522 or any
am a or modifications which may be adopted by Council prior to the actual
in of the lights. The Subdivider shall construct a complete underground serviced
light system as approved by the City Engineer prior to final acceptance of the
�ubdivision. Height,type, spacing, etc. of standards and luminaires shall be in accordance
r th Resolution Nos. 78-522 and 88-229 or any amendments or modifications which maybe
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
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Subdivision Agreement
Final Map of Tract No. 6217
Page 5
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 6,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
d. Sanitary sewer extensions and services shall be provi �dd
ance with
applicable provisions of Chapter 6,Article 3 of the Fresno Munici applicable
charges shall apply.
e. All storm water runoff and other surfa draina shall be discharged in
accordance with the California Building Code as may and City approval of a
storm drainage and grading plan obtained by the v er.
f. All "Dead-End" streets creat bdivision shall be barricaded in
accordance with Public Works Standar it ' v (7) days from the time said streets
are surfaced, or as directed by the City Eng' r.
g. Any temporary sto rai asins constructed or enlarged to serve this
subdivision shall be fenced ina with Public Works Standards within seven (7)
days from the time said basins perational,or as directed by the City Engineer. The
Subdivider shall maintain porary storm drainage basins so as not to create a
nuisance as defined by S 5 of the Fresno Municipal Code or California law until
such time as the City vides official notice to the Subdivider, its successors or
assignees, that the to ry storm drainage basins are no longer required. This term
shall survive the t on or expiration of this Agreement.
h. - s" (i.e., the physical connection of newly constructed water system
facilities t isti g water system facilities already in service) shall be in accordance with
Chapte is 5 of the Fresno Municipal Code. The amounts identified as "Wet-Tie
Cha r timates only and serve as a deposit to cover the actual cost of construction.
Sh h actual construction cost be less than the deposit, the Subdivider shall be
re a excess. Should the actual construction cost be greater than the deposit, the
'der shall be billed by the City of.Fresno for the difference and shall be directly
Oponsible for payment.
i. The Subdivider shall install and maintain the fencing/walls, landscaping,
irrigation system and certain miscellaneous improvements in accordance with the approved
- cY`
DOC#2018-0147822 Page 6 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 6
improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the
designated easements or areas required in the Conditions of Approval and delineated on the
Final Map.
The improvement plans for such landscaping, irrigation sys m iscellaneous
improvements shall be prepared by a licensed Landscape Archi ce ' d irrigation
designer or other persons with landscaping and irrigation design table to the
Planning and Development Director, except that for improve is to maintained by a
City Community Facilities District("CFD"),such improv n s II be approved by the
City Engineer.
j. Perform and construct all work shown fo owing construction plans and
any amendments thereto, unless specifically omitter i .
i. City Drawing Nos. rough 10-C-11760 inclusive(sewer
and water), 15-C-17382 u 15-C-17387 inclusive (street and
landscaping), and 4- 0 in I sive (street lighting).
Install and complete all other s et ' vements required by Section 15-3804 of the
Fresno Municipal Code in a an ith the Public Works Standards and the construction
plans.
k. Prior to a a the Final Map by the City,the Subdivider shall pay to the
City and/or execute ant to defer certain impact fees due which are eligible to be
deferred by releva no unicipal Code provisions,the total fees and charges due as a
condition of Fina ap roval. The total fees and charges are more particularly itemized
and made a h' Agreement in the attached Exhibit"B."
I. 1 nnecbon with the amounts set forth in Exhibits`A"and "B,"the City has
mad ith efforts at predicting the amounts to be credited as reimbursements for
Imp is that will benefit other properties. Because the subject Improvements have
n t b completed at the time of execution of this Agreement, the actual cost of
uction is not yet known.Some degree of reasonable estimation is incorporated into the
Icu abons. Subdivider agrees that-these figures represent City's best estimates only and
t they are subject to fluctuation following calculation of actual construction costs after
mprovement completion and acceptance. It is further subject to Subdivider's submission
and City review of a financial accounting which sets forth those actual costs, and the.
DOC#2018-0147822 Page 7 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 7
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.
M. With regard to fee credits including those referen bov nd herein,
Subdivider may receive designated fee credits from the City as a UGM or
development impact fee for construction of certainrequ' cture improvements
either as apart of this Agreement or at some future dat With ar to the amounts to be
credited as referenced above, Subdivider acknowledg nd a es any such fee credits
are provided contingent upon the City accepting infrastructure improvements
completely installed by Subdivider. Until then, an tw standing any other provision,
Subdivider expressly agrees Subdivider has n any portion of any fee credit and the
Director of Public Works for the City, in th le discretion, may unilaterally amend
this Agreement effective upon ma' notice t Subdivider to adjust (including adding,
reducing or removing) credits at a acceptance of all required infrastructure
improvements by City. Upon a 'u a Subdivider shall pay in full any UGM or
development impact fees; due m ification of the fee credit, prior to approval of the
subdivision map or as may ed by a fee deferral covenant. If the subdivision map
has already been approv ere is no applicable fee deferral covenant, all such fees
shall be promptly pai der. The City may enforce recovery of such fees in any
.manner available or i quity, including but not limited to private foreclosure and sale
of the property i e m ner provided in Section 2924 of the Califomia Civil Code or
successors
4. 1 gre that the City shall inspect all Improvements. All of the Improvements and
materials s n , performed and installed in strict accordance with the approved construction
plans for i on file with the City Engineer and the Public Works Standards, which said
co ti ans and Public Works Standards are hereby referred to and adopted and made a part
o is reement. In the event there are not any Public Works Standards for any of said
vements, it is agreed that the same shall be done and performed in accordance with the
7
DOC#2018-0147822 Page 8 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 8
standards and specifications of the State of California, Division of Highways. All of said
Improvements and materials shall be done, performed and installed under the inspection of and to
the satisfaction of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final ivider shall
furnish to the City the.following improvement securities in the amounts n hi it A. Bonds
shall be by one or more duly authorized corporate sureties Ii usiness in California
subject to the approval of the City and on forms furnished or roved the City, Certificates of
Deposit that is made payable only to the City of Fresno in acceptable to the City Attorney's
office.
a. PERFORMANCE SECU a tal amount shall equal-100% of the
final Cost Estimate, as approved by the C' r, to be conditioned upon the faithful
performance of this Agreement.
i. 95% of the s stimate shall be in the form of a bond or
certificate of de de payable only to the City of Fresno ; and
Cost Estimate shall be in cash or a certificate of
deposit th is a payable only to the City of Fresno.
b. PA RITY. The total amount shall equal 50%of the final Cost
Estimate, as app e City Engineer, to secure payment to all contractors and
subcontractors rmi work on said improvements and all persons furnishing labor,
materials or to them for said improvements. Payment Security shall be in the
form of a b "or ificate of deposit that is made payable only to the City of Fresno .
Any and all other improvement security as required by Section 15-3806 of the
Fre o 'cipal Code.
d. Subject to the requirements of Resolution No.2008-100 adopted by the City
I on May 6, 2008, the Subdivider may request a one-time partial acceptance, for
intenance only, of public improvements required by this agreement that the Subdivider
s constructed, to reduce the amount of the Performance Security required by this
Agreement. At the time of the City's partial acceptance,the City and Subdivider shall enter
into an amendment to this Agreement reducing the Performance Security to an amount
DOC#2018-0147822 Page 9 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 9
consistent with the requirements of Resolution No. 2008-100 required by this Agreement.
The City shall not release any of the original Performance Security or execute the
Amendment to this Agreement until such time as the Subdivider has provided the
Performance Security required by the Amendment.
6. Any damage to the work and improvements constructed pu t agreement
that occurs after installation shall be made good to the satisfaction o ngmeer by the
Subdivider before any securities are released or the final acre mpleted work.
7. The Subdivider shall remedy any defective wo r labor r any defective materials
relating to the Improvements and pay for any damage to ork or improvements resulting
therefrom which shall occur within a period of one (1 the date of acceptance of the
Improvements.
8. To insure the Subdivider co lies wi obligations set forth in paragraph 7, on
acceptance of the required work by the ng' , a warranty security shall be furnished to or
existing securities retained by the City m' imum amount identified in said Exhibit A, as a
guarantee and warranty of the wo 'od of one (1)year following acceptance against any
defective work or labor done or d iv aterials fumished. In accordance with Section 15-3806
of the Fresno Municipal C sai rranty security shall be in the form of cash or a Certificate of
Deposit. The warranty ty s II be released, less any amount required to be used forfulfillment
of the warranty, on 1) fter final acceptance of the subdivision Improvements.
9. i Ag ment shall in no way be construed as a grant by the City of any rights to
the Subdivi r spass upon land rightfully in the possession of,or owned by, another,whether
such Ian ately or publicly owned.
0. Indemnification.
Oa. To the furthest extent allowed by law, Subdivider shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
DOC#2018-0147822 Page 10 of 34
Subdivision Agreement
Final Map of Tract No. 6217
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(whether in contract,tort or strict liability, including but not limited to personal injury,death at
any time and property damage) incurred by City, Subdivider or any other person,and from
any and all claims,demands and actions in law or equity(including attorney's fees, litigation
and legal expensel n
s incurred by City or held to be the liability of City, incg plaintiffs or
petitioners attorney's fees if awarded, in connection with City's def ns fit ctions in any
proceeding), arising or alleged to have arisen directly or indirectly fp ance or in
any way connected with: (i) the making of this Agreement; (ii ce of this
Agreement; (iii)the performance or installation of the work or i rove nts by Subdivider
and Subdividers employees,officers,agents,contracto ctors; ('iv)the design,
installation, operation, removal or maintenance of the i rk and provements; or(v)City's
granting, issuing or approving use of this Agreement.
b. Subdividers obligations under the p sentence shall apply regardless
of whether City or any of its officers, officials, e o agents are negligent, but shall
not apply to any loss, liability,fines, pena 'es, costs or damages caused solely by
the gross negligence, or caused by the nduct, of City or any of its officers,
officials, employees, agents or auth ed vo eers.
C. If Subdivider should n ct all or any portion of the work to be performed
under this Agreement, Subd' ' h quire each subcontractor to indemnify, hold
harmless and defend City a ea f its officers, officials, employees, agents and
volunteers in accordance terms of paragraphs "a" and "b" of this Section.
Notwithstanding the pre i s tence, any subcontractor who is a"design professional'
as defined in Sectio f the California Civil Code shall, in lieu of indemnity
requirements set fo in graphs "a" and "b" of this Section, be required to indemnify,
hold harmless a de City and each of its officers, officials, employees, agents and
volunteers to es extent allowed by law, from any and all loss, liability, fines,
penalties,fo it sts and damages(whether in contract,tort or strict liability, including
but not Ii ersonal injury,death at any time and property damage),and from any and
all claim ma s and actions in law or equity(including reasonable attorney's fees and
litig a s)that arise out of, pertain to, or relate to the negligence, recklessness or
If duct of the design professional, its principals, officers, employees, agents or
v in the performance of this Agreement.
d.. Subdivider further agrees that the use for any purpose and by any person of
y and all of the streets and improvements hereinbefore specified,shall be at the sole and
xclusive risk of Subdivider at all times prior to final acceptance by City of the completed
street and other improvements thereon and therein.
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Subdivision Agreement
Final Map of Tract No. 6217
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e. This Section shall survive termination or expiration of this Agreement.
11. Insurance. Throughout the life of this Agreement, Subdivider all pay for and
maintain in full force and effect all policies of insurance described in this n insurance
company(ies) either(i) admitted by the Califomia Insurance Commissi bu ' ess in the
State of California and rated not less than"A-VII"in Best's Insu uide,or(ii)authorized
by City's Risk Manager. The following policies of insurance a require
a. COMMERCIAL GENERAL LIABILI , which shall be at least as
broad as the most current version of Insurance Se ice(ISO)Commercial General
Liability Coverage Form CG 00 01 and shall i rice for bodily injury, property
damage, and personal and advertising i 'u erage for premises and operations
(including the use of owned and no ed ipment), products and completed
operations, contractual liability(incl ng inde ity obligations under this Agreement),with
limits of liability of not less than 0 0 occurrence for bodily injury and property
damage, $1,000,000 per occurre or onal and advertising injury and $5,000,000
aggregate for products and co ons, and $10,000,000 general aggregate.
b. COMMERC MOBILE LIABILITY insurance,which shall be at least
as broad as the most cu ion of Insurance Services Office (ISO) Business Auto
Coverage For CA 0 II include coverage for all owned, hired, and non-owned
automobiles or oth ice vehicles (Code 1-Any Auto), with combined single limits of
liability of not le t a 000,000 per accident for bodily injury and property damage.
C. RS' COMPENSATION insurance as required under the California
Labor
MPLOYERS' LIABILITY with minimum limits of liability of not less than
$1, 0 ach accident, $1,000,000 disease policy limit and $1,000,000 disease each
e to
ub ivider shall be responsible for payment of any deductibles contained in any insurance
quired hereunder and Subdivider shall also be responsible for payment of any self-insured
re tions.
DOC#2018-0147822 Page 12 of 34
Subdivision Agreement
Final Map of Tract No. 6217
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The above described policies of insurance shall be endorsed to provide an unrestricted 30
calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers'
Compensation policy which shall provide a 10 calendar day written notice of such cancellation of
coverage. In the event any policies are due to expire during the term f th' Agreement,
Subdivider shall provide a new certificate evidencing renewal of such cy(i ) not less
than 15 calendar days prior to the expiration date of the expiring 'cy(i Upon issuance
by the insurer, broker,or agent of a notice of cancellation in co ge, di ider shall file with City
a new certificate and all applicable endorsements for such poli ' s
The General Liability and Automobile Liability ins rr olicies shall be written on an
occurrence form and shall name City, its officers,offici n ,employees and volunteers as an
additional insured. Such policy(ies)of insurance s e rsed so Subdivider's insuranceshall
be primary and no contribution shall be requi f Ci . In the event claims-made forms are used
for any Professional Liability coverage,eith licy(ies)shall be endorsed to provide not less
than a five (5)year discovery period, i)th verage shall be maintained for a minimum of five
(5)years following the termination t i g ment and the requirements of this Section relating to
such coverage shall su ion or expiration of this Agreement. Any Workers'
Compensation insurance hal contain a waiver of subrogation as to City,its officers,officials,
agents, employees a I ers.
Subdivid II ave furnished City with the certificate(s) and applicable
endorseme o L required Insurance prior to City's execution of the Agreement
Subdivid h I ish City with copies of the actual policies upon the request of City s Risk
Man y time during the life of the Agreement or any extension, and this requirement shall
s ve ination or expiration of this Agreement.
e fact that insurance is obtained by Subdivider or his/herfits subcontractors shall not be
d ed to release or diminish the liability of Subdivider or his/her/its subcontractors including
without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
1 N.
DOC#2018-0147822 Page 13 of 34
Subdivision Agreement
Final Map of Tract No. 6217
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City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Subdivider or his/herfrts
subcontractors. Approval or purchase of any insurance contracts or policies s II i o way relieve
from liability nor limit the liability of Subdivider, its principals, officers, agents, loy s, persons
under the supervision of Subdivider, vendors, suppliers, invitees, su ntra rs, consultants or
anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any a ion bdivider fails to maintain
the required insurance in full force and effect, the Directo f c Works for the City, or his/her
designee, may order that the Subdivider, or its or subcontractors, immediately
discontinue any further work under this Agreem nd all necessary actions to secure the
work site to insure that public health and safe prot ed. All payments due or that become due
to Subdivider shall be withheld until notice i ed by City that the required insurance has been
restored to full force and effect and t th remiums therefore have been paid for a period
satisfactory to City. Any failure to a required insurance shall be sufficient cause for City
to terminate this Agreement.
If Subdivider shou nt ct all or any portion of the services to be performed under this
Agreement, Subdivid a quire each subcontractor to provide insurance protection in favor of
City, its officers,o em loyees,volunteers and agents in accordance with the terms of each of
the precedin' r hs,except that the subcontractors'certificates and endorsements shall be on
file with S e nd City prior to the commencement of any work by the subcontractor.
2. The Subdivider and his subcontractors shall pay for any materials, provisions, and
o r lies used in, upon, for, or about the performance of the Improvements contracted to be
d for any work or labor thereon of any kind,and for amounts due under the Unemployment
In rance Act of the State of California, with respect to such work or labor.
13. Compaction and other materials testing performed for determination of compliance
with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications,
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DOC#2018-0147822 Page 14 of 34
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Final Map of Tract No. 6217
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entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review
of the City Engineer who may determine additional test procedures, and additional locations to be
tested. All materials testing for improvement work within the public easements and rights-of-way
shall be ordered and paid for by the Subdivider.
14. The Subdivider shall complywith Street, Plumbing, Building, E cal, ing Codes
and any other codes or ordinances of the City.
15. It shall be the responsibility of the Subdivider coo at all work done by his
contractors and subcontractors, such as scheduling the a of operations and the
determination of liability if one operation delays another. In o shall representatives of the City
be placed in the position of making decisions that ar sibility of the Subdivider. It shall
further be the responsibility of the Subdivider to g' he Engineer written notice not less than
two (2)working days in advance of the actu to on hich work is to be started. Failure on the
part of the Subdivider to notify the City En ay cause delay forwhich the Subdivider shall be
solely responsible.
16. Whenever the Su ' ill r v es the period during which work is carried on each day,
it shall give due notice to the r so that proper inspection may be provided. If Subdivider
fails to duly notify City as qu red, any work done in the absence of the City Engineer will be
subject to rejection. The i ction of the Improvements shall not relieve the Subdivider of any
obligation to fulfill ree ent as prescribed. Defective work shall be made good,and unsuitable
materials ma ected, notwithstanding the fact that such defective work and unsuitable
materials h previously overlooked by the City Engineer or City Inspector and accepted.
7. Adequate dust control shall be maintained by the Subdivider on all streets within and
w'tliout a subdivision on which work is required to be done under this Agreement from the time
�' irst commenced in the subdivision until the paving of the streets is completed. "Adequate
d 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
t `f
DOC#2018-0147822 Page 15 of 34
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Final Map of Tract No. 6217
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the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision in strict compliance with all rules and regulations established by the San Joaquin Valley
Air Pollution Control Board. Whenever in the opinion of the City Engineer adequ a dust control is
not being maintained on any street or streets as required by this paragrap ,t gineer shall
give notice to the Subdivider to comply("Notice to Comply")with the p thi aragraph
forthwith. If in the opinion of the City Engineer the Subdivider's fa' o ply ith the provisions
of this paragraph is having an immediate and significant imp on the blic's health, safety and
welfare, the City Engineer may immediately issue a sto er until the City receives
reasonable assurances that the Subdivider shall comp provisions of this paragraph
forthwith. Such notices and stop-work orders Ily served upon the Subdivider or, if
the Subdivider is not an individual, upon any erson w has signed this Agreement on behalf of the
Subdivider or,at the election of the City E e , notices and stop-work orders may be mailed
to the Subdivider at his address on file a Engineer. If the City Engineer has issued a
Notice to Comply and within twen r hours after such personal service of such notice or
within forty-eight (48) hours after m ' ing thereof as herein provided, the Subdivider shall not
have commenced to main i de to dust control or shall at any time-thereafter fail to maintain
adequate dust control Engineer may, without further notice of any kind, cause any such
street or streets to rin or oiled,as it may deem advisable to eliminate the scattering of dust,
by equipment an rsonnel of City or by contract as the City Engineer shall determine, and the
Subdivider s t pay to City forthwith, upon receipt of billing therefore,the entire cost to City of
.such n g or treating. When the surfacing on any existing street is disturbed, this surfacing
s placed with temporary or permanent surfacing within fourteen(14)calendar days,and the
shall be maintained in a safe and passable condition at all times between the
mencement and final completion, and adequate dust control shall be maintained during these
operations.
DOC#2018-0147822 Page 16 of 34
Subdivision Agreement
Final Map of Tract No. 6217.
Page 16
18. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, and all other
facilities required to be installed under ground shall be completed in the streets nd alleys before
starting the street and alley surfacing.
19. Time is of the essence of this Agreement, and the same I an i ure to the
benefit of the parties hereto, their successors and assigns.
20. No assignment of this Agreement or of any uty or ligation of performance
hereunder shall be made in whole or in part by the Subdivid a written consent of City.
21. In addition to the following Covenants Aff �L d Development:
a. Maintenance of Certain Publ' Im is
b. Maintenance of Lands a Impro ents for Certain Lots
c. Deferring Certain Se n Charges, Water Connection Charges,
Urban Growth Mana t es, City-wide fees, and Development Fees
d. Temporary Sto a Facilities
e. Acknowledgin h Farm Law
as referenced on the Fi ap d this Agreement, Subdivider shall comply with all of the
Conditions of Approvals t t ha not already fully complied with as of the date of the approval of
the Final Map and a of otherwise set forth in this Agreement, including but not limited to,
any condition to v to a specific party a fee interest or easement in any parcels, upon
Subdivider p tion of all required improvements to said parcels. Subdivider's compliance with
such d' i ns shall be completed within a reasonable time, as determined by the City, after
i ' written notice from the City Engineer of the outstanding condition or term with which the
er is required to comply.
22. In performing its obligations set forth in this Agreement,Subdivider shall comply with
all applicable laws, regulations,and rules of the governmental agencies having jurisdiction including,
DOC#2018-0147822 Page 17 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 17
without limitation, applicable federal and state labor standards and environmental laws and
regulations. Subdivider, not the City, is responsible for determining applicability of and compliance
with all local, state, and federal laws including,without limitation,the California Labor Code, Public
Contract Code, Public Resources Code, Health&Safety Code,Govemme t e, City Charter,
and Fresno Municipal Code. The City makes no representations regardin t pli ility of any
such laws to this Agreement, the project, or the parties' respective rig r ob' ations hereunder
including,without limitation, payment of prevailing wages,corn titive b in ,subcontractor listing,
or other matters. City shall not be liable or responsible, in o uity, to any person for
Subdivider's failure to comply with any such laws, whether e r knew or should have known of
the need for Subdivider to comply, or whether the C' notify Subdivider of the need to
comply. The Subdivider is referred to the C e ent of Public Works, Construction
Management Division to obtain the current vailin ge rates, to the extent said rates are
applicable to the construction of any of the v ments.
23. If either party is requi o co nce any proceeding or legal action to enforce or
interpret any term or condition of s e nt,the prevailing party in such proceeding or action
shall be entitled to recover r party its reasonable attorney's fees and legal expenses.
For the purposes of thi A ent, "attorneys' fees" and "legal expenses" include, without
limitation, paralegals' n xpenses,attomeys,consultants fees and expenses,expert witness
fees and expen ,a I other expenses incurred by the prevailing party s attorneys in the course
of the repre o the prevailing party in anticipation of and/or during the course of litigation,
whether se recoverable as"attomeys'fees"or as"costs"under California law,and the
same sought and awarded in accordance with Califomia procedure as pertaining to an
a rd o ntractual attomeys'fees.
24. The waiver by either party of a breach by the other of any provision of this Agreement
II not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. No provisions of this Agreement may be waived unless in
(. 7
DOC#2018-0147822 Page 18 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 18
writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
25. The provisions of this Agreement are severable. The invalidity or u enforceability of
any one provision in this Agreement shall not affect the validity or a of the other
provisions, which shall remain in full force and effect.
26. This Agreement shall be governed by, and const nfo in accordance
with, the laws of the.State of California, excluding, however, conflic f laws rule which would
apply the law of another jurisdiction. Venue for purposes o f any action regarding the
enforcement or interpretation of this Agreement and any rig n uties hereunder shall be Fresno
County, California.
27. Each party acknowledges th they ha read and fully understand the contents of
this Agreement. This Agreement repres a and integrated agreement between the
parties with respect to the subject reof and supersedes all prior negotiations,
representations or agreements, ei or oral. This Agreement may be modified only,by
written instrument duly authorize cuted,by both City and Subdivider.
O
DOC#2018-0147822 Page 19 of 34
Subdivision Agreement
Final Map of Tract No. 6217
Page 19
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
WC ASHLAN HAYES, LLC
Public Works Department A California Limited Liability pany
Scott Mozier, P.E., Director
By: JPF CAPITAL, L
A California Limited lity mpany,
Its Sole Memb r
By: By:
Andrew J. Ben i, P.E., Assistant 15irector J a Pet n,
re ' Treasurer
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Mary Rate rman- idg
Deputy City o
Date: l
(Attach Notary Acknowledgments)
. O
DOC#2018-0147822 Page 20 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno
On Oc, ,,i _o i g_before me, Joy Poeng,
(insert n e and i e of the officer)
personally appeared Joshua Peterson
who proved to me on the basis of satisfactory evideoncetperson( whose name(sfi is/am
subscribed to the within instrument and acknowledhe/�Ke/thKy executed the same in
his/Fb4r/thKr authorized capacity(iK, and that by hiignature(�)on the instrument the
person(,g), or the entity upon behalf of which ted, executed the instrument.
I certify under PENALTY OF PERJURY u er the I of the State of California that the foregoing
paragraph is true and correct.
---------------------
,JOY POENO
WITNESS m hand and official seal. NOTARY PUBLIC-CAUFORNIA
y OcrdCOMMISSION#2215801
L IM FRESNO COUNTY
PMyr comm.EW.860-b&r 23,2021
Signature (Seal)
O
O
z�
DOC#2018-0147822 Page 21 of 34
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document
CLERK'S CERTIFICATION
State of California )
County of Fresno )
O
On November 15. 2018 before me, Cindv J. Bru City Clerk, personally appeared,
Andrew J. Benelli Assistant Director of the Pu s artment of the City of Fresno who
proved to me on the basis of satisfactory eviden o the person(s) whose name(s) is/are
subscribed to the within instrument and owl d to me that he/she/they executed the
same in his/her/their authorized capaci n that by his/her/their signature(s) on the
instrument the person(s), or the entity up eh of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJ Y er the laws of the State of Califomia that the
foregoing paragraph is true and c
WITNESS my hand and official s
YVONNE SPENCE, CMC
City Clerk, City of Fresno
By * yo
s
�D pGt-
O
DOC#2018-0147822 Page 22 of 34
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under tha ertain Deed of
Trust recorded on June 15, 2016, in the office of the Fresno County Red r, cument No.
2016-0077129 (as amended and modified) by and between WC Ash e , LL , a California
limited liability company, as Trustor; Old Republic Title C Trustee; and, Assemi
Brothers, LLC,a California limited liability company,as Benefi ry,her y expressly subordinates
said Deed of Trust and its beneficial interest thereto to t Subdivision Agreement for
the Final Map of Tract No. 6217, Phase 2 of Vesting Tent t� p No. 6056.
F
O ERS, LLC,
rnia limi d ' bil company
Y:
Farid Assemi, Manager
Dated: November f, 2018
By:
a mi, er
Dated: November, 2018
O
DOC#2018-0147822 Page 23 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness,accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF
On ry%jbM4r n , 2018 before me, Notary
Public, personally appeared ,who
proved to me on the basis of satisfactory evidence to be th ose namgW
isfare-subscribed to the within instrument and acknowled to m at he/4m4� e
executed the same in his/heir authorized capaci ' d t y his/
( the instrument the person�f, or the enti f of which the
signaturgg"
person(,CJ acted, executed the instrument.
I certify/ under PENALTY OF PERJURY under the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KATRINAINGRAO
Notary Public -California
a -u Fresno County z
Signature (Seal) Z Commission #2167877
My Comm. Expires Oct 14,2020
O
O
z�
DOC#2018-0147822 Page 24 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness,accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF
On (N bVfy] It),eC 2.q , 2018 beforeme, ANotary
Public,personally appeared who
proved to me on the basis of satisfactory evidence to be th hose nameAt
is/arasubscribed to the within instrument and acknowled to m he/she4he�+
executed the same in his/he>�eir authorized capaci d th y hi�eir
signature('4on the instrument the person, or the enti
al
of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under e State of California that
the foregoing paragraph is true and correct. 7�7
WITNESS my hand and official seal.
= KATRINA INGRAO
Notary Public -California
z -+� Fresno County z
Signatu=re (Seal) z Commission #2167877
My Comm. Expires Oct 14,2020
O
O
O
DOC#2018-0147822 Page 25 of 34
SUBORDINATION
The undersigned, as holder of the beneficial interest in and under th ertain Deed of
Trust recorded on June 15, 2016, in the office of the Fresno County Re er, cument No.
2016-0077130, by and between WC Ashlan Hayes, LLC, a California I I ili company, as
Trustor; Old Republic Title Company, as Trustee; and, As s Investments, LLC, a
California limited liability company, as Beneficiary, hereby pressly s bordinates said Deed of
Trust and its beneficial interest thereto to the forgoing Su greement for the Final Map
of Tract No. 6217, Phase 2 of Vesting Tentative Map No.
BE FICIA
n es Investments, LLC, a California
It ility company
y
Darius Assemi, ager
Dated: Novemb Z, 2018
� r
By
Ke 'n Assemi, Manager
Dated: Nove bera, 2018
Ir
By
ONe a Assemi, Manager
Dated: Nove b ra, 2018
r
Z3
DOC#2018-0147822 Page 26 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached,and not the
truthfulness,accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF
On [� y}Q( 2 , 2018 before me, otary
Public,personally appeared 1 10 , who
proved to me on the basis of satisfactory evidence to be th ose namqW
is/arc-subscribed to the within instrument and acknowled to me, at he/sh(.-U
executed the same in his/heir authorized capaci i d tha y his/hen
signaturef ) on the instrument the perso3W, or the enti f of which the
personsq acted, executed the instrument.
I certify under PENALTY OF PERJURY under e State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KATRINA INGRAO
Notary Public -California
i -.:< Fresno County z
Z Commission #2167877
Signature (Seal) My Comm. Expires Oct 14,2020
O
O
O
DOC#2018-0147822 Page 27 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On,N{f-M�W( zt , 2018 beforeme, otary
Public,personally appeared who
proved to me on the basis of satisfactory evidence to be th ose namo
is/ r-subscribed to the within instrument and acknowled to m at he/shedtey
executed the same in hieir authorized capa( , ci d tha y his/herftkeir
signaturcKon the instrument the personor the enti of which the
person(acted, executed the instrument.
I certify under PENALTY OF PERJURY under t e State of California that
the foregoing paragraph is true and correct.
QVITNESS my hand and official seal.
KATRINA INGRAO
Notary Public -California
Signature (Seal) Fresno County
l(OCommission #2167877
M Comm. Expires Oct 14,2020
O
O
z�
DOC#2018-0147822 Page 28 of 34
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness,accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OFe )
On NI \j 2 (- 1'► , 2018 before me, Lkotary
Public, personally appeared who
proved to me on the basis of satisfactory evidence to be th ose nameK
is/aFe-subscribed to the within instrument and acknowled to m at heshe, ep
executed the same in his/.heagieir authorized capaci i d tha y his/herfthuir
signature on the instrument the persor�, or the enti if of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under t e State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KATRINA INGRAO
Notary Public -California
Fresno County Z
Commission #2167877
Signature (Seal) My Comm. Expires Oct 14,2020
O
O
DOC#2018-0147822 Page 29 of 34
EXHIBIT A Subdivision Agreement.for Tract No. 6217
A APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $151,160
Well Construction Cost Estimate n/a
Sewer System Construction Cost Estimate $107,150
Storm Drain Construction Cost Estimate n/a
Street Construction Cost Estimate $765 000
Final Cost Estimate(for Inspection Fee purposes) $1,0 23
138 Landmarks, Monuments, Lot& Block Comers($50/ea) $6
Sub-Total (for bonding purposes)
Construction Contingency(10%) $10 21
TOTAL COST ESTIMATE*
(for Improvement securities purposes) 231 $1,1
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS(due wit u sion agreement)
Performance Security (100%of Total Cost Estima
95°x6 of amount shall be in the form of a ly
authorized corporate sureties or certificat o dep $1,076,000
5% of amount shall be in cash ora Cert' to
Deposit made payable to the City of Fr n $57,000,
Payment Security (50%of Total Cost-Est )
100%of amount shall be in f bond by duly
authorized corporate sureti rt Irate of deposit $566 500
Faithful Performance S to uarantee Completion of Plans
Street Plans $0
Utility Plans (S urate , Storm Water) $0
Street Light s 0
Landsca ' I n/Walls $0
100% u hall be in cash or a Certificate of Deposit $0
C. WAR CURITY REQUIREMENT*(due as condition of acceptance of the work)
o first$50;000 of the Total Cost Estimate $3,000.
I,q% f next$50,000 $2,000
of next$400,000 $4,000
.5% of amount over$500,000 $3,200
Minimum amount $12,2001
EXHIBIT A v4/28/00 Prepared By: Frank Date: 09/25/18 Print Date:09/25/18 4:00:28 PM Page 1 of 1
DOC#2018-0147822 Page 30 of 34
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