HomeMy WebLinkAboutCentral USD - Utilities and Offsite Improvements Deferment Agreement development and operation of a temporary elementary school facility APN 422-022-15, 422-022-16, & 422-022-17 expires 10/1/2017UTILITIES AND OFFSITE IMPROVEMENTS DEFERMENT
AGREEMENT BETWEEN CENTRAL UNIFIED SCHOOL DISTRICT
AND CITY OF FRESNO
THIS AGREEMENT is made and entered into effective the ay of
September,2014, ("Effective Date")by and between the Clry OF FRESNO, a California
municipal corporation ("CITY:'), and CENTRAL UNIFIED SCHOOL DISTRICT, a
California public school ("CENTRAL UNIFIED").
RECITALS
WHEREAS, CENTRAL UNIFIED is engaged in a construction project consisting
of the development and operation of a temporary elementary school facif ity (hereinafter
referred to as "Temporary Facilíty") followed by the development and operation of a
permanent elementary school facility (hereinafter referred to as "Permanent Facility") on
the site. The proposed school site is located on the east side of Valentine Avenue
between Clinton and Weldon Avenues, and encompasses Fresno County Assessor's
ParcelNumbers422-022-15, 422-022-16, and 422-022-17. The project site consists of
t14.02acres, hereinafter referred to as the "Property" and more particularly described in
the attached Exhibit A;
WHEREAS, the proposed elementary school is anticipated by CENTRAL
UNIFIED to first be a Temporary Facility designed for approximately four hundred fifty
(450) students grades K-6 in temporary classrooms, faculty work areas, administrative
offices, and parking lot, and to become a Permanent Facility designed for full service for
approximately eight hundred fifty (850) students grades K-6 in permanent facilities, with
classrooms, faculty work areas, administrative offices, multi-purpose facilities,
athletic/recreation areas, and parking lots on the Property;
WHEREAS, CENTRAL UNIFIED anticipates the Temporary Facility will be
constructed and operational on the Property by October 1, 2014, and the Permanent
Facility will be constructed and operational on the Property by October 1,2017. The
actual timing for construction will be subject to funding availability;
WHEREAS, there are insufficient streets, utilities, offsite improvements, and
water and sewer services currently available on the Property;
WHEREAS, the Property is within City's limit boundary;
WHEREAS, Clry would normally require all necessary streets, utilities, and
offsite improvements to be completed with the development of the Temporary Facility,
but will allow deferment of some of those requirements until the development of the
Permanent Facility, or until October 1,2017, whichever occurs first, so long as
CENTRAL UNIFIED agrees to install those streets, utilities, and offsite improvements in
accordance with the provisions of this Agreement. Time for completion may be
extended on a yearly basis upon the written agreement of the Clry Public Works
Director and CENTRAL UNIFIED Superintendent. No extension will be made except
upon a written request by the CENTRAL UNIFIED Superintendent, or his or her
designee, at least 30 days prior to the expiration of the deferment. Where timing of
completion or fulfillment of those streets, utilities, offsite improvements, and
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development impact fees are further considered in this agreement, the possible
extensions, as previously described, shall accompany those considerations; and
WHEREAS, CITY has available water and sewer services which may be
extended to the Property, and is wílling to provide water and sewer service to the
Property so long as CENTRAL UNIFIED installs all infrastructure needed to provide
CITY water and sewer service to the Property and CENTRAL UNIFIED agrees to install
said infrastructure in accordance with the provisions of this Agreement.
AGREEMENT
NOW, THEREFORE, ín consideration of the mutual covenants set forth herein
and for other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereto, agree as follows:
A.
1. Current Requirements and Deferred Requirements. Some portions of
necessary street construction and offsite improvements are required to be completed
along with the construction and development of the Temporary Facility and some
portions of street construction and offsite improvements may be deferred until
constructíon of the Permanent Facility or until October 1,2017, whichever occurs first.
a. Prior to the opening of the Temporary Facility, CENTRAL UNIFIED
shall design and construct, as its sole responsibility, required street construction
and offsite improvements, consisting of:
i. Construction of a portion of Valentine Avenue to safely allow
the operation of the Temporary Facility and alleviate health and safety
concerns associated with the Temporary Facility. Any and all utilities
necessary and/or required by CITY for the Permanent Facility must be
constructed in Valentine Avenue when the street is constructed with
development of the Temporary Facility. These necessary utilities include,
but are not limited to, sewer lines, water lines, gas lines, and storm drains.
ii. Offsite improvements necessary to adequately serve the
Temporary Facility and ensure local, state, and federal health and safety
standards are met; including, but not limited to, asphalt and/or concrete
along Valentine Avenue, curbs and gutters, sidewalks, and landscaping.
iii. An asphalt concrete path built on the nofth side of Weldon
Avenue alignment and on the east side of Valentine Avenue to create a
pedestrian walkway to the existing sidewalk on the north side of Weldon
Avenue.
iv. A concrete driveway built to connect the new parking lot
driveways on Valentine Avenue to the proposed edge of pavement on the
east side of Valentine Avenue. Location and construction of the parking lot
driveways is subject to City approval to ensure their location adheres to
CITY standards and the Fresno Municipal Code.
b. Prior to the opening of the Permanent Facility, or by October 1,
2017, whichever occurs first, CENTRAL UNIFIED shall design'and construct, as
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its sole responsibility, required street construction and offsite improvements,
consisting of:
i. Complete construction of Valentine Avenue frontage
improvements that the Permanent Facility will occupy, including, but not
limited to, all remaining curbs and gutters, sidewalks, landscaping, and all
remaining asphalt concrete work, which includes the reconstruction of
asphalt pavement to achieve at least forty-five to forty-seven feet of
permanent asphalt pavement, measured from the school frontage
concrete curb, not completed prÍor to Temporary Facility and as shown on
CITY approved construction plan sheet numbers 15-C-16481 through 15-
c-16486.
ii. Construction of Weldon Avênue between Valentine Avenue
and the existing terminus to the east, including shifting the new alignment
of Weldon Avenue to meet the existing alignment on the west side of
Valentine Avenue. Weldon Avenue shall be constructed in a manner that
allows two way traffic east of the Permanent Facility site.
2. Construction of Offsite lmprovements. All streets, utilities, and offsite
improvements shall be constructed in accordance wíth CITY Public Works Standard
Specifications and Drawings, Clry standards and policies, void of any health and safety
concerns, and in accordance with requirements set forth in this agreement.
B. Provisions Specific to Water Service: Connection to CITY's municipal water
system by CENTRAL UNIFIED shall be subject to the following conditions:
1. Metered Service Connection. Clry will allow metered and unmetered
service connections for domestic and fire use, respectively, to existing and or proposed
water mains.
2. Construction of New Water System. Prior to the opening of the
Temporary Facility, CENTRAL UNIFIED shall design and construct, as its sole
responsibility, a 14-inch diameter water main in North Valentine Avenue from the
intersection of North Valentine and Normal Avenues to the intersection of North
Valentine and West McKinley Avenues, and a 12-inch water main in West McKinley
Avenue from the intersection of North Valentine and West McKinley Avenues to the
existing water main terminus near North Feland Avenue; prior to the opening of the
Permanent Facility, or by October 1,2017, whichever occurs first, CENTRAL UNIFIED
shall design and construct, as its sole responsibility, an 8-inch water main in a future
location of West Weldon Avenue (all improvements for both Temporary and Permanent
Facilities are hereinafter referred to as "New Water System"). Construction of the New
Water System shall include installation of fire hydrants at standard City spacing in
accordance with CITY Public Works Standard Specifications and Drawings.
3. Water Facility lmprovement Plans for New Water System. Prior to
installation of the New Water System, CENTRAL UNIFIED shall submit engineered
water facility improvements plans, prepared by a Registered Civil Engineer, to CITY's
Department of Public Utilities, for review and approval 'of the New Water System by
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CITY. Clry approval, at CITY's sole discretion, shall be required before construction
and operation of the New Water System by CENTRAL UNIFIED.
4. Alisnments and Permits. Pipeline construction by CENTRAL UNIFIED for
the New Water System shall follow an alignment acceptable to CITY and shall comply
with any required permits issued by CITY.
5. lnspçction Fees and Permits. CENTRAL UNIFIED shall pay all applicable
inspection fees and obtain all necessary construction permits to ensure the New Water
System is in compliance with CITY Public Works Standard Specifications and Drawings,
conditions, policies, and ordinances. The New Water System shall comply with CITY
Public Works Standard Specifications, conditions, policies, and ordinances related to
providing water service including payment by CENTRAL UNIFIED to CITY of all CITY
water connection charges established in CITY's Master Fee Schedule. Said fees shall
be paid by CENTRAL UNIFIED to CITY at the time CITY approves engineered water
facility improvements plans for the New Water System submitted by CENTRAL
UNIFIED.
6. Water Facilities on Property. CENTRAL UN¡FIED shall have the same
responsibilities, duties, and obligations for its private water facilities, including repair and
maintenance, as would a property owner within the jurisdiction of the City of Fresno
subject to the Fresno Municipal Code, as may be amended, including enforcement by
CITY of Fresno Municipal Gode section 6-500 et. seq. ("Water Regulations").
7. Existinq Wells. Prior to the opening of Permanent Facility, or at the time
CENTRAL UNIFIED connects to,ClTY's municipal water system, whichever occurs first,
CENTRAL UNIFIED shall deconstruct and seal any existing on-site well(s) in
compliance with the State of California Well Standards, Bulletin 74-90 or current
revisions issued by California Department of Water Resources and CITY Public Works
Standard Specifications and Drawings, standards, specifications, ordinances, andpolicies. :
C. Provisions Specific to Sewer Service: Connection to CIW's municipal sewer
system by CENTRAL UNIFIED shall be subject to the following conditions:
1. Construction of New Sewer System. Prior to the opening of the Temporary
Facility, CENTRAL UNIFIED shall design and construct a 12-tnch sewer main in North
Valentine Avenue from approximately the northern limits of the Property to the
intersection of Valentine and McKinley Avenues, and a 12-inch sewer main in West
McKinley Avenue from the intersection of North Valentine and West McKinley Avenues
easterly to the existing sewer terminus near North Feland Avenue; prior to the opening
of the Permanent Facility, or by October 1, 2017, whichever occurs first, CENTRAL
UNIFIED shall design and construct an 8 inch sewer main in a future location of West
Weldon Avenue (all improvements for both Temporary and Permanent Facilities are
hereinafter referred to as "New,Sewer System").
2. Sewer Facilitv lmprovement Plans for New Sewer System. Prior to
installation of the New Sewer System, CENTRAL UNIFIED shall submit engineered
sanitary sewer facility improvement plans, prepared by a Registered Civil Engineer, to
CITY's Department of Public Utilities, for review and approval of the proposed New
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Sewer System by CITY. Clry approval, at CITY's sole discretion, shall be required
before construction and operation of the New Sewer System by CENTRAL UNIFIED.
3. Aliqnments and Permits. Pipeline construction by CENTRAL UNIFIED for
the New Sewer System shall follow an alignment acceptable to CITY and shall comply
with any required permits issued by CITY.
4. Sewer Facility Hou,se Branch Laterals. CENTRAL UNIFIED shall design
and construct house branches connected to the sewer main for each parcel within the
limits of New Sewer System construction in accordance with CITY Public Works
Standard Specifications and Drawings.
5. Inspection Fees and Permits. CENTRAL UNIFIED shall pay all applicable
inspection fees and obtain all necessary construction permíts to ensure the New Sewer
System is in compliance with CITY's Public Works Standard Specificatíons and
Drawings, conditions, policies, and ordinances. The New Sewer System shall comply
with CITY Public Works Standard Specifications, conditions, policies, and ordinances
related to providing sanitary sewer service including payment by CENTRAL UNIFIED to
Clry of all CITY sewer connection charges established in CITY's Master Fee Schedule.
Said fees shall be paid by CENTRAL UNIFIED to CITY at the time CITY approves
engineered water facility improvements plans for the New Sewer System submitted by
CENTRAL UNIFIED.
6. Sewer Facilities on Propertv. lt is the sole responsibility of CENTRAL
UNIFIED to repair, maintain, and replace all Sewer Facilities on Property, and CITY
shall have no responsibility or liability for these Sewer Facilities. CENTRAL UNIFIED
shall obtain all necessary permits or other approvals necessary for constructing and
connecting CENTRAL UNIFIED's Sewer Facilities.
7. Abandonment of Existinq On-Site Private Sanitary Sewer Svstem(s). Prior
to the opening of Permanent Facility, or by October 1,2017, whichever occurs first,
CENTRAL UNIFIED shall abandon all existing on-site private sanitary sewer system(s),
including existing sewer septÍc system(s), in accordance with CITY Building and Safety
Department requirements, and Public Works Standard Specifications and Drawings,
conditions, policies, and ordinances.
D.
CENTRAL UNIFIED shall dedicate all of the streets, utilities, and offsite improvements
(including parts of the New Water System and New Sewer System improvements
located within a local or major street) to CITY as the improvements are completed and
ready to be placed into service, and, provided that the improvements have been
designed, installed, and constructed in accordance with thís Agreement's requirements,
E. Reimbursement for Oversized Facilities. Clry and CENTRAL UNIFIED
acknowledge that certain of the improvements CENTRAL UN¡FIED is required to
design, install, and construct under this Agreement are oversized in comparison with the
size and capacity of the improvements necessary only to meet the impact of the
Temporary Facility and Permanent Facility. CITY shall reimburse CENTRAL UNIFIED
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for the costs of designing, installing, and constructing the oversized portions of said
improvements, in accordance CITY's customary policies for such reimbursements.
F. Development lmpact Fees:
1. Development lmpact Fees. Prior to the opening of Temporary Facility,
CENTRAL UNIFIED shall promptly pay to CITY the Citywide traffic signal charge that
reflects Temporary Facility's impact pursuant to CITY's Master Fee Schedule. Prior to
the opening of the Permanent Facility, or by October 1, 2017, whichever occurs first,
CENTRAL UNIFIED shall promptly pay to CITY any and all development impact fees,
including, but not limited to, Citywide fire facilities, Citywide park facilities, Citywide
police facilities, Citywide regional street charge, new growth area major street charge,
and Citywide traffic signal charge pursuant to CIW's Master Fee Schedule, to the
extent that such charges reflect the impacts of the Permanent Facility.
G. Additional Provisions:
The following provisions shall apply to this entire Agreement, including the
provisions addressing water and sewer service:
1.
CENTRAL UNIFIED agrees to promptly pay to CITY any and all fees for water and
sewer service supplied by CITY to CENTRAL UNIFIED's Property as defined in the
Master Fee Schedule. All fees listed in CITY's Master Fee Schedule are regularly
updated and amended from time to time by CITY's Council. Notwithstanding any other
section of this Agreement, the fees and rates set forth by the Master Fee Schedule, as
currently in effect or as it may be amended, are incorporated herein and shall have
precedence over the fees listed in this Agreement. CENTRAL UNIFIED is responsible
to pay the fees and rates as set forth by the Master Fee Schedule. CENTRAL UNIFIED
agrees to maintain its water and sewer service accounts with CITY in a current status.
CENTRAL UNIFIED acknowledges and agrees that should its water or sewer service
account with CITY become sixty(60) days delinquent, City shall have the right, at CITY's
sole option, to discontinue water or sewer service to CENTRAL UNIFIED's Property as
to the delinquent water or sewer service account.
2. Covenants Runninq with the Land. CENTRAL UNIFIED acknowledges
and agrees that all of CENTRAL UNIFIED's covenants, agreements, promises,
representations, and warranties as set forth in this Agreement are covenants running
with CENTRAL UNIFIED's Property as defined in the applicable provisions of Sections
1457 et seq. of the California Civil Code. CENTRAL UNIFIED's covenants,
agreements, promises, representations, and warranties, as contained in thÍs
Agreement, shall run with CENTRAL UNIFIED's Property and shall be binding on
CENTRAL UNIFIED and CENTRAL UNIFIED's successors and assigns and all parties
and persons claiming under them. Within thirty (30) days of execution by the last party
to sígn, CENTRAL UNIFIED agrees to record a copy of thís Agreement as a covenant
running with the land.
3. Successors and Assigns. The covenants and agreements contained in
this Agreement shall be binding upon and shall inure to the benefit of the heirs,
successors and assigns of the parties hereto. CENTRAL UNIFIED may not assign its
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rights and/or obligations under this Agreement without the prior written consent of City,
which consent shall not be unreasonably withhefd. Any such consent by CITY shall not,
in any way, relieve CENTRAL UNIFIED of its obligations and responsibilities under this
Agreement.
4. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the pafty's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
5. Bindinq. Subject to Section 18, below, once this Agreement is signed by
all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees
and representatives. :
6. Compliance With Law. ln providing the services required under this
Agreement, CENTRAL UNIFIED shall at all times comply with all applicable laws of the
United States, the State of California, and CITY, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory a$encies,
now in force and as they may be enacted, issued, or amended duríng the term of this
Agreement. CENTRAL UNIFIED, not CITY, is responsible for determíning applicability
of and compliance with all local, State, and federal Iaws including, without limitation, the
California Labor Code, Public Contract Code, Public Resources Code, Health & Safety
Code, and Government Code; the Fresno City Charter; and the Fresno Municipal Code.
Clry makes no representations regarding the applicability of any such laws to this
Agreement, the project, or the parties' respective rights or obligations hereunder
including, without limitation, payment of prevailing wages, competitive bidding,
subcontractor listíng, or other matters. CITY shall not be liable or responsible, in law or
equity, to any person for CENTRAL UNIFIED's failure to comply with any such laws,
whether Clry knew or should have known of the need for CENTRAL UNIFIED to
comply, or whether CITY failed to notify CENTRAL UNIFIED of the need to comply.
CENTRAL UNIFIED is referred to CITY's Department of Public Works, Construction
Management Division, to obtain the current prevailing wage rates, to the extent said
rates are applicable to the construction of any of the improvements regarding the New
Water System and New Sewer System.
7. Waiver. The waiver by either party of a breach by the other of any
provision of this Agreement shall 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 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.
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8. lndemnification of City. To the greatest extent allowed by law, CENTRAL
UNIFIED 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 (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and propedy damage)
incurred by CITY, CENTRAL UNIFIED, or any other person, and from any and all
claims, demands, liabilities, damages, and actions in law or equity (including attorney's
fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of the performance of this Agreement or the performance of any or all work to be done
in and upon the street rights-of-way, the Property, and premises adjacent thereto,
pursuant to this Agreement, or arising or alleged to have arisen directly or indirectly in
any way related to the construction and installation of the required streets, utilities,
offsite improvements, New Waler System, or New Sewer System by anyone occupying
any portion of CENTRAL UNIFIED's Property. CENTRAL UNIFIED's obligations under
the preceding sentence shall apply regardless of whether CENTRAL UNIFIED or any of
its officers, officials, boards, employees, agents, or volunteers are passively negligent,
but shall not apply to any loss, liability, fines, penalties, fodeitures, costs or damages
caused by the active or sole negligence, or the willful misconduct, of CITY or any of its
officers, officials, employees, agents, or volunteers.
lf CENTRAL UNIFIED should subcontract all or any portion of the work to be performed
under this Agreement, CENTRAL UNIFIED shall require each subcontractor to
indemnify, hold harmless, and defend CITY and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph. Notwithstanding the preceding sentence, any subcontractor who is a
"design professional," as defined in Section 2782.8 of the California Civil Code, shall, in
lieu of indemnity requirements set forth in the preceding paragraph, be required to
indemnify, hold harmless, and defend CITY and each of its officers, officials,
employees, agents, and volunteers, to the furthest extent allowed by law, from any and
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,
tort or strict líability, including but not limited to personal injury, death at any time and
property damage), and from any and all claims, demands, and actions in law or equity
(including reasonable attorney's fees and litigation expenses) that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the design
professional, its principals, officers, employees, agents, or volunteers in the
performance of this Agreement.
This section shall survive termination or expiration of this Agreement.
9. lnsurance. Throughout the life of this Agreement, CENTRAL UNIFIED
shall pay for and maintain in full force and effect all policies of insurance required under
this Agreement with an insurance company(ies) either (i) admitted by the California
lnsurance Commissioner to do business in the State of California and rated not less
than "A.Vll" in Best's lnsurance Rating Guide, or (ii) authorized by the City's Risk
Manager or his/her designee. The required policies of insurance shall maintain limits of
liability of not less than those amounts stated herein. However, the insurance limits
available to the City of Fresno, its officers, officials, employees, agents and volunteers
as additional insureds, shall be the greater of the minimum limits specified herein or the
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full limit of any insurance proceeds available to the named insured.The following policies
of Ínsurance are required:
(a) COMMERCIAL GENERAL LIABILITY or PERSONAL LlABlLlry
insurance that includes coverage:(i) $1,000,000 per occurrence for bodily injury and property
damage;(ii) $1,000,000 per occurrence for personal and advedising
injury;(iii) $2,000,000 aggregate for products and completed
operations; and(iv) $2,000,000 general aggregate applying separately to the
work performed under the Contract(b) COMMERCIAL AUTOMOBILE LIABILITY provisions with limits of
liability of not less than $1,000,000 per accident for bodily and
property damage.(c) WORKERS'COMPENSATION insurance as required by law. Any
Workers' Compensation insurance policy shall contain a waiver of
subrogation as to CITY, its officers, officials, agents, employees,
and volunteers.(d) EMPLOYERS' LlABlLlry INSURANCE with limits of liabílity of not
less than $1,000,000 each accident, $1,000,000 disease policy
limit, and $1,000,000 disease each employee.
All the policies of insurance except the Workers' Compensation policy will be
endorsed to provide an unrestricted thirty (30) day written notice in favor of the CITY for
any policy cancellation and any change or reduction in coverage. The Workers'
Compensation policy will provide for a ten (10) day written notice. At least fifteen (15)
days prior to the expiration date of any policy, CENTRAL UNIFIED shall provide a
new certificate of insurance for a renewal policy. lf the insurer, broker, or agent
issues a notice of cancellation, or a notice of change to or reduction in coverage,
CENTRAL UNIFIED shall immediately file with the CITY a certified copy of the new or
renewal policy and certificates.
The General Liability insurance policy will be written on an occurrence form and
will name the CITY, its officers, officials, agents, employees and volunteers as an
additional insured. The policy (ies) of insurance will be endorsed so CENTRAL
UNIFIED'S insurance shall be primary and the CITY will not be required to contribute.
The workers' compensation policy(ies) shall contain a waiver of subrogation in favor of
the City. CENTRAL UNIFIED shall furnish the CITY with the certificate(s) and
applicable endorsements for ALL required insurance prior to CIW's execution of
this agreement. CENTRAL UNIFIED shall furnish the CITY with copies of the actual
policies upon the request of the CITY's Risk Manager and this requirement shall survive
termination or expiration of this Agreement.
lf CENTRAL UNIFIED subcontracts all or any portion of the work to be pedormed
under this Agreement, CENTRAL UNIFIED shall require each subcontractor to provide
insurance protection in favor of the CITY, its officers, officials, employees, agents, and
volunteers in accordance with the terms of each of the preceding paragraphs.
CENTRAL UNIFIED will cause the contractor's and subcontractors' certificates and
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endorsements to be on file with CENTRAL UNIFIED and CITY before the contractor or
subcontractor begins any work. Upon request by the City's Risk Manager, and at least
ten (10) calendar days before beginning to construct any phase of the Development,
CENTRAL UNIF¡ED shall promptly furnish the CITY certificate(s) confirming that the
required insurance is in effect and, in the case of the public liability insurance, that the
CITY and its officers, officials, employees, agents, and volunteers are named as
additional insureds. Each certificate will be in a form acceptable to the City's Risk
Manager. Any insurance required to be maintained by CENTRAL UN¡FIED may be
maintained under a blanket policy covering other locations and other persons, if the
blanket policy is acceptable to the City's Risk Manager and the insurance coverage is
equivalent to the coverage othen¡rise required under this Agreement.
10. Public Health, Safety and Welfare. Nothing contained in this Agreement
shall limit CITY's authority to exercise its police powers; governmental authority, or take
other appropriate actions to address threats to public health, safety, and welfare,
including temporarily suspending water and sewer services as deemed appropriate by
CITY in its sole determination and discretion.
11. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California,
excluding, however, any conflict of laws rule which would apply the law of another
jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
12. Headings. The section headings in this Agreement are for convenience
and reference only and shall not be construed or held in any way to explain, modify, or
add to the interpretation or meaning of the provisions of this Agreement.
13. Severability. The provisions of this Agreement are severable. The
invalidity or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
14. lnterpretation. The parties acknowledge that this Agreement in its final
form is the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather by
construing the terms in accordance with their generally accepted meaning.
15. Attorney's Fees. lf either party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant, or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other party its reasonable attorney's fees and legal expenses.
16. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
17. Precedence of Documents. In the event of any conflict between the body
of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions
expressed within the Exhibit or Attachment. Furthermore, any terms or conditions
Page 1A of 12
contained within any Exhibit or Attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
18. Cumulative Remedies. No remedy or efection hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
19. No Third Party Beneficiaries. The rights, interests, duties, and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it ís not intended that any rights or interests in this Agreement benefit or
flow to the interest of any third parties.
20. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations, or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both CITY and CENTRAL UNIFIED.
(Signatures appear on next page)
Page 11 of 12
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
CENTRAL UNIF¡ED SCHOOL DISTRICT,
ATTEST:
WONNE SPENCE
City Clerk
By:z,t / tu
APPROVED AS TO FORM:
DOUGI-AS T. SLOAN
City Attorney
an-Doidge
City Attorney
Addresses:
City of Fresno
Attn: Scott Mozier
Department of Public Works
2600 Fresno Street
Fresno, CA93721
Phone: (559) 621-5300
FAX: (559) 488-1024
Attachments: Exhibit A
M RD: prn[64803prniAgt] 05-1 6-1 4
Central Unified School District
Attn: l-lilb¿r* f-on*rem 5
41"ô5 N PolK Åvc
Fresno, CA 93722
Phone: (559)
FAX: (559) ,
a California Public
Director of Public Works
Page 12of 12
EXHIBIT'A'
APN: 442-022-15,
442-022-16,
& 442-022-17
All those portions granted to the CENTRAL UNIFIED SCHOOL DISTRICT per Grant
Deeds recorded June 2, 2005 as Document No. 2005-01 22024,2005-0122025, and
2005-0122026, Official Records of Fresno County, situated in the City of Fresno,
County of Fresno, State of California is more particular described as follows:
PARCEL 1
The South 253 feet of the North 932.79 feet of Lot 20 of Tract No. 1688, Victoria
Colony, according to the map thereof recorded in Book 19 Page 30 of Plats, Fresno
County Records.
EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of
any kind or character, ln, on, or thereunder, as reserved in Deeds of record.
PARCEL 2
The South 339 feet of the North.679. 79 feet of Tract No. 1688, Lot 20 of Victoria
Colony, according to the map thereof recorded in Book 19 Page 30 of Plats, Fresno
County Records.
EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of
any kind or character, In, on, or thereunder, as reseryed in Deeds of record.
PARCEL 3
Lot 20 of Tract No. 1688, Victoria Colony, according to the map thereof recorded in
Book 19 Page 30 of Plats, Fresno County Records.
EXCEPTING THEREFROM the North 932.79 feet thereof.
EXCEPTING THEREFROM all oil, gas, other hydrocarbon substances and minerals of
any kind or character, In, on, or thereunder, as reserved in Deeds of record.
Area contains: +610,900 sq.ft. (t14.02 acres)
CALIFORNIA ALL.PURPOSE AGKNOWLEDGMENT
State of California ì
county ot f?ze'sV- f
On efore me,
personally appeared
Name(s) of Signe(s)
WITNESS my official seal.
ò
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documenl
and could prevent fraudulent removal and reattachment of th¡s form to another document.
Description of Attached Document
Title or Type of Document:Ù 7(¿ ?t e-¡ fr t-, ¡ ¿pç 1t ? e I n + Þp¿¡) t*n -+.-f Ø8R<ø¡ e ua
Document Date: Sepre^rr¿rrr /o, a¡¡ f Ç Number of Pages: t r--
Signe(s) Other Than Named Above:¡f<sr-f e
Capacity(ies) Claimed by Signer(s)
lÂtêêlrtae¿_ lao / _
n Corporate Officer - Title(s):n Corporate Officer - Title(s):
E Partner-tr Limited E General
n Attorney in Fact
[] Trustee
n Guardian or Conservator
n Other:
Signer ls Representing:
FRTOERICK W. Urc[G
Gommlsslon , 1913272
llotary Püblic - Galllornir
tresno Counly
who proved to me on the basis of satisfactory evidence to
be the person(dfwhose namefa) is/grreGubscribed to the
within instrument and acknowledged to me that
ne$felI@executed the same in hisl}rf;lllt€l authorized
capacity(lÊdf, and that by hislÞef'llffisignature(s) on the
instrument the personþ'for the entity upon behalf of
which the personþfacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Signer's Name:
n lndividual
Signer's Name:
n lndividual
E Partner-n Limited n General
tr Attorney in Fact
n Trustee
n Guardian or Conservator
Top of thumb here
RIGHTTHUMBPRINT
OF SIGNER
@2007National NotaryAssociation.9350DeSotoAve,POBox2402.Chatsworlh,CA91313-2402.wNat¡onalNotaryorg ltem#5907 Fìeorder:CallToll-Free1-800-876-6827