HomeMy WebLinkAboutAgreement A-15-113 with Omega Developers LLC.pdf AGT. # 15-113
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4 COUNTY OF FRESNO
5 SUBDIVISION AGREEMENT
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7 THIS AGREEMENT made and entered into thisc day of al 20/
8 by and between the COUNTY OF FRESNO, a political subdivision of the State of
9 California, hereinafter referred to as "COUNTY" and Omega Developers, LLC, A Limited
10 Liability Co., SUBDIVIDER of the hereinafter named subdivision and referred to herein
11 as "SUBDIVIDER".
12 WITNESSETH
13 WHEREAS, SUBDIVIDER has presented to the COUNTY a final map of a
14 proposed subdivision of land located within the County of Fresno and described as
15 Tract No. 5955 and,
16 WHEREAS, said SUBDIVIDER has requested the COUNTY to accept the
17 dedications indicated on said map for the use and purpose specified thereon, and to
18 approve said map in order that the same may be recorded, as required by law; and,
19 WHEREAS, the COUNTY requires as a condition precedent to the acceptance
20 and approval of said map, the dedication of such streets, highways, public places, and
21 easements as delineated and shown on said map, and deems the same as necessary
22 for public use; and,
23 WHEREAS, the Ordinance Code of the County of Fresno requires SUBDIVIDER
24 to enter into this Agreement with the COUNTY when all required work is not completed
25 at the time the map is submitted for approval; and,
26 WHEREAS, all required construction, including road and drainage facilities have
27 not been completed, and
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1 NOW, THEREFORE, in consideration of the acceptance of the offer of
2 dedication of the streets, public ways, easements and facilities as shown on said map,
3 and the approval of said map for filing and recording as required by law, it is mutually
4 agreed as follows:
5 PERFORMANCE SCHEDULE:
6 SUBDIVIDER agrees that the work hereinafter specified shall be constructed in
7 accordance with the following completion schedule:
8 Excavation and grading February 2015
9 Underground utilities July 2016
10 Subgrade September 2016
11 Pavement October 2016
12 Complete all work March 2016
13 ROAD IMPROVEMENTS:
14 SUBDIVIDER agrees:
15 1. To construct all required improvements in accordance with the
16 improvement plans and specifications approved by the Department of Public Works and
17 Planning, hereinafter referred to as the "approved plans".
18 2. To grade, place aggregate base, pave, and construct drainage facilities on
19 Kings Court, Queens Court, and Knights Court in accordance with the approved plans,
20 the applicable improvement standards, the specifications, and this Agreement.
21 To provide, after rough grading, Resistance "R" Value tests in accordance
22 with the test method California 301-F, as required by the Director of Public Works and
23 Planning. Base and surfacing requirements will be adjusted to meet any revision
24 resulting from the tests.
25 Areas that have been overexcavated shall be reconstructed to the
26 approved typical section.
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1 3. To obtain and pay for any retesting required by the Department of Public
2 Works and Planning. The sampling and testing may be done by any recognized testing
3 firm acceptable to the Department of Public Works and Planning.
4 4. To install or so provide for installation that no finished surface need be
5 reopened, all electrical underground lines, telephone lines, and any other underground
6 utility or drainage system, prior to paving roads. All underground utilities and any
7 existing underground utilities shall be lowered to a depth of not less than 24 inches
8 (measured from top of pipe) below street grade shown on the approved plans.
9 5. To require SUBDIVIDER'S engineer to verify and certify the subgrade and
10 aggregate base elevations to the Department of Public Works and Planning prior to the
11 placement of asphalt paving.
12 6. To construct drainage facilities in accordance with the approved plans and
13 this Agreement.
14 In constructing road improvements, SUBDIVIDER shall perform the
15 following:
16 a. That portion of the right-of-way lying outside the pavement line shall
17 be graded to conform to the approved cross-section.
18 b. All drainage structures shall be cleaned.
19 C. The entire roadway area shall be swept clean.
20 7. To maintain an all weather access to all lots that have been issued a
21 building permit until permanent access is provided. (Note: Building permits shall not be
22 issued on any lot of this subdivision until such time that the any associated fire
23 protection facilities are in place and operating.)
24 8. To fog seal all roads in accordance with the approved plans.
25 9. The Director of Public Works and Planning, at his sole discretion, may
26 require changes, alterations, or additional work not shown on the approved plans, when
27 it is deemed necessary, provided such changes, alterations, or additional work do not
28 exceed ten percent (10%) of the original estimated cost of the improvements.
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1 DRAINAGE FACILITIES:
2 10. That additional drainage facilities not shown on the approved plans shall
3 be constructed when deemed necessary by the Director of Public Works and Planning.
4 11. That all drainage structures shall be constructed in accordance with the
5 Fresno County Improvement Standards or as approved by the Director of Public Works
6 and Planning.
7 ELECTRICAL AND TELEPHONE LINES AND OTHER UTILITIES:
8 12. That all services and electrical and telephone lines shall be placed
9 underground including any other existing facilities within the limits of this subdivision.
10 13. That all necessary financial arrangements have been made with the
11 Pacific Gas and Electric Company and the providing local Telephone Company for the
12 in-tract facilities.
13 MAINTENANCE:
14 14. To provide maintenance of Kings Court, Queens Court, and Knights Court
15 and all associated drainage facilities for a period of one year after completion and
16 acceptance of the work by the COUNTY.
17 Permanent maintenance shall be assumed by the Homeowners
18 Association serving the tract prior to release of the improvement security posted to
19 guarantee completion and maintenance of the work.
20 15. To provide maintenance of the recreation and open space outlots through
21 the tract Homeowners Association.
22 ADDITIONAL CONDITIONS:
23 16. SUBDIVIDER is responsible for all work until the work is accepted by the
24 COUNTY. COUNTY'S acceptance shall be conditioned upon the acceptance of the
25 work by other applicable agencies, including but not limited to Fresno County Fire
26 District.
27 17. SUBDIVIDER shall cause to be placed by authorized persons, all survey
28 monuments and lot corners as shown on the final map.
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1 18. SUBDIVIDER shall furnish to the COUNTY a set of as-built plans for all
2 work performed.
3 19. In the event an extension is granted to the time within which all work is to
4 be completed on this Tract, SUBDIVIDER hereby agrees that it will comply with all the
5 applicable improvement standards in effect at the time the extension is granted. Failure
6 to make a timely request for an extension may result in the refusal of building permits
7 for undeveloped lots within the tract until such time as the request is made and acted
8 upon by the County Board of Supervisors.
9 FEES AND SECURITIES:
10 20. SUBDIVIDER has provided security in the amount of $5,000.00 to
11 guarantee placement of survey monuments.
12 21. SUBDIVIDER has submitted to COUNTY improvement security in the
13 amount of$945,000.00 which sum constitutes 100 percent of the estimated cost of all
14 work to guarantee performance and maintenance, plus 10 percent, and improvement
15 security in the amount of $429,500.00, to guarantee payment of labor and materials as
16 provided in the Subdivision Map Act, which sum constitutes 50 percent of the estimated
17 cost of all required improvements.
18 The securities for performance hereinabove provided shall be for the
19 purpose of securing the completion of said work, together with any changes, alterations,
20 or additional work provided such changes, alterations, or additional work does not
21 exceed ten percent of the original estimated cost of the improvement.
22 22. When the work has been completed and accepted, the performance and
23 maintenance security may be reduced to $ 201,900.00. This amount shall guarantee
24 maintenance of Kings Court, Queens Court, and Knights Court for a period of one year
25 after completion of the work thereof against any defective work or labor done or
26 defective materials furnished in the construction of the roads.
27 23. SUBDIVIDER has paid plan check and inspection fees in the amount of
28 $83,833.00 to COUNTY.
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1 24. SUBDIVIDER has paid an Agreement Administration Fee in the amount of
2 $6,900.00 to COUNTY.
3 25. The provisions of the Agreement shall be binding upon the parties hereto
4 and their heirs, successors, or assigns.
5 26. This Agreement shall not be assignable by SUBDIVIDER without the prior
6 written consent of COUNTY'S Director of the Department of Public Works and Planning.
7 Any assignee shall take this Agreement subject to the covenants and conditions set
8 forth herein.
9 27. Hold Harmless and Indemnification. Each party agrees to defend and
10 hold harmless the other party from any and all loss or liability arising from the death or
11 injury of any person, or damage to real or personal property caused by each party's own
12 agent or employee. More specifically:
13 a. SUBDIVIDER agrees to hold harmless, defend and indemnify
14 COUNTY, its Board of Supervisors, officers, and employees from every claim, demand,
15 suit, loss and damage arising from:
16 (1) Any act, omission, neglect or fault of SUBDIVIDER, their
17 engineers, contractors or agents, or the employees of the same.
18 (2) Any act, omission, neglect or fault, except for the sole
19 negligence or willful conduct of the COUNTY, its Board of Supervisors, officers or
20 employees.
21 (3) Any injury to, or death of, any person or damage to any
22 property sustained while on the real property described as Tract No. 5955 or on any
23 property immediately adjacent to such property, or upon any street or highway running
24 through such property or immediately adjacent to such property, which is in connection
25 with or alleged to be in connection with the construction of improvements for Tract No.
26 5955.
27 (4) Any injury to, death of, or damage to, the property of
28 SUBDIVIDER, or its agents, engineers or contractors, or their employees.
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1 (5) Any damage to or taking of any property arising from said
2 plans, specifications or profiles, or arising from the construction of the improvements
3 provided for in this Agreement.
4 b. It is mutually agreed that SUBDIVIDER'S surety, if any, shall not be
5 deemed liable for the performance of any of the foregoing provisions in this section,
6 unless said surety shall undertake the completion of any improvement, and then only to
7 the extent of any act, omission, neglect or fault of the surety, its engineers, agents and
8 contractors, and their employees, while in the course of completion of such
9 improvements.
10 C. COUNTY agrees to hold harmless, defend and indemnify
11 SUBDIVIDER, its agents, engineers or contractors, or their employees from every claim
12 demand, suit, loss and damage arising from the negligent or willful conduct of COUNTY,
13 its Board of Supervisors, officers, or employees acting within the scope of their
14 employment with COUNTY.
15 28. Attorneys' Fees. If any action be brought by COUNTY for the recovery of
16 any sum due COUNTY under this Agreement, for any damages for any breach of this
17 Agreement, or to compel the performance of this Agreement, COUNTY shall be entitled
18 to reasonable attorneys' fees should COUNTY prevail.
19 29. Interpretation. Unless otherwise indicated, the ordinary and plain meaning
20 of the words and phrases of this Agreement shall be given effect. Any word or phrase
21 requiring interpretation shall be interpreted in a manner consistent with the spirit and
22 intent of the Subdivision Map Act and the Subdivision Ordinance of the County of
23 Fresno.
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1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 signed the day and year first above written.
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4 SUBDIVIDER:
5 Omega Developers, LLC., a
6 Limited Liability Co.
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8 By:
9 McDonald, President
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11 AGREEMENT approved as to Contents
12 ALAN WEAVER, Director of the Department of Public Works and Planning
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14 By: -�-�-
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16 COUNTY OF FRESNO
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18 :BY l/l .
19 Chairman, Board of Supervi s
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21 ATTEST:
22 BERNICE E. SEIDEL, Clerk to the Board of Supervisors
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24 By: V
25 Deputy
26 ACR:
27 GA4360Dev_EngrlSubdivisions(Tractffract 5955 Chelsea Downs\Subdivision Agreement.doc
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