HomeMy WebLinkAboutAgreement A-17-323.pdf
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COUNTY OF FRESNO
SUBDIVISION AGREEMENT
THIS AGREEMENT made and entered into this _____ day of __________, 20 __
by and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter referred to as "COUNTY" and TELESMANIC BROTHERS, LLC, a
California Limited Liability Company, SUBDIVIDER of the hereinafter named subdivision
and referred to herein as "SUBDIVIDER".
WITNESSETH
WHEREAS, SUBDIVIDER has presented to the COUNTY a final map of a
proposed subdivision of land located within the County of Fresno and described as
Tract No. 6057 and,
WHEREAS, said SUBDIVIDER has requested the COUNTY to accept the
dedications indicated on said map for the use and purpose specified thereon, and to
approve said map in order that the same may be recorded, as required by law; and,
WHEREAS, the COUNTY requires as a condition precedent to the acceptance
and approval of said map, the dedication of such streets, highways, public places, and
easements as delineated and shown on said map, and deems the same as necessary
for public use; and,
WHEREAS, the Ordinance Code of the County of Fresno requires SUBDIVIDER
to enter into this Agreement with the COUNTY when all required work is not completed
at the time the map is submitted for approval; and,
WHEREAS, all required construction, including road and drainage facilities have
not been completed, and
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NOW, THEREFORE, in consideration of the acceptance of the offer of
dedication of the streets, public ways, easements and facilities as shown on said map,
and the approval of said map for filing and recording as required by law, it is mutually
agreed as follows:
PERFORMANCE SCHEDULE:
SUBDIVIDER agrees that the work hereinafter specified shall be constructed in
accordance with the following completion schedule:
Excavation and grading Completed
Underground utilities Completed
Pavement 85% Complete
Complete all work July 2019
ROAD IMPROVEMENTS:
SUBDIVIDER agrees:
1. To construct all required improvements in accordance with the
improvement plans and specifications approved by the Department of Public Works and
Planning, hereinafter referred to as the "approved plans".
2. To grade, place aggregate base, pave, and construct drainage facilities on
North Durant Avenue in accordance with the approved plans, the applicable
improvement standards, the specifications, and this Agreement.
3. To obtain and pay for any retesting required by the Department of Public
Works and Planning. The sampling and testing may be done by any recognized testing
firm acceptable to the Department of Public Works and Planning.
4. To install or so provide for installation that no finished surface need be
reopened, all electrical underground lines, telephone lines, and any other underground
utility or drainage system, prior to paving roads. All underground utilities and any
existing underground utilities shall be lowered to a depth of not less than 24 inches
(measured from top of pipe) below street grade shown on the approved plans.
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5. To require SUBDIVIDER'S engineer to verify and certify the subgrade and
aggregate base elevations to the Department of Public Works and Planning prior to the
placement of asphalt paving.
6. To construct all required improvements in accordance with the
improvement plans and specifications for each improvement approved by the Public
Works and Planning, hereinafter referred to as “approved plans” and this Agreement.
7. To maintain an all weather access to all lots that have been issued a
building permit until permanent access is provided. (Note: Building permits shall not be
issued on any lot of this subdivision until such time that the any associated fire
protection facilities are in place and operating.)
8. To fog seal all roads in accordance with the approved plans.
9. The Director of Public Works and Planning, at his sole discretion, may
require changes, alterations, or additional work not shown on the approved plans, when
it is deemed necessary, provided such changes, alterations, or additional work do not
exceed ten percent (10%) of the original estimated cost of the improvements.
DRAINAGE FACILITIES:
10. That additional drainage facilities not shown on the approved plans shall
be constructed when deemed necessary by the Director of Public Works and Planning.
11. That all drainage structures shall be constructed in accordance with the
Fresno County Improvement Standards or as approved by the Director of Public Works
and Planning.
ELECTRICAL AND TELEPHONE LINES AND OTHER UTILITIES:
12. That all services and electrical and telephone lines shall be placed
underground including any other existing facilities within the limits of this subdivision.
13. That all necessary financial arrangements have been made with the
Pacific Gas and Electric Company and the providing local Telephone Company for the
in-tract facilities.
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MAINTENANCE:
14. To provide maintenance of North Durant Avenue and all associated
drainage facilities for a period of one year after completion and acceptance of the work
by the COUNTY.
Permanent maintenance shall be assumed by the Homeowners
Association serving the tract prior to release of the improvement security posted to
guarantee completion and maintenance of the work.
15. To provide maintenance of the recreation and open space outlots through
the tract Homeowners Association.
ADDITIONAL CONDITIONS:
16. SUBDIVIDER is responsible for all work until the work is accepted by the
COUNTY. COUNTY’S acceptance shall be conditioned upon the acceptance of the
work by other applicable agencies, including but not limited to Fresno County Fire
District.
17. SUBDIVIDER shall cause to be placed by authorized persons, all survey
monuments and lot corners as shown on the final map.
18. SUBDIVIDER shall furnish to the COUNTY a set of as-built plans for all
work performed prior to the release of the maintenance security.
19. In the event an extension is granted to the time within which all work is to
be completed on this Tract, SUBDIVIDER hereby agrees that it will comply with all the
applicable improvement standards in effect at the time the extension is granted. Failure
to make a timely request for an extension may result in the refusal of building permits
for undeveloped lots within the tract until such time as the request is made and acted
upon by the County Board of Supervisors.
FEES AND SECURITIES:
20. SUBDIVIDER has provided security in the amount of $1,000.00 to
guarantee placement of survey monuments.
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21. SUBDIVIDER has submitted to COUNTY improvement security in the
amount of $55,900.50 which sum constitutes 100 percent of the estimated cost of all
work to guarantee performance and maintenance, plus 10 percent, and improvement
security in the amount of $10,000.00, to guarantee payment of labor and materials as
provided in the Subdivision Map Act, which sum constitutes 50 percent of the estimated
cost of all required improvements.
The securities for performance hereinabove provided shall be for the
purpose of securing the completion of said work, together with any changes, alterations,
or additional work provided such changes, alterations, or additional work does not
exceed ten percent of the original estimated cost of the improvement.
22. When the work has been completed and accepted, the performance and
maintenance security may be reduced to $ 16,250.00. This amount shall guarantee
maintenance of North Durant Avenue for a period of one year after completion of the
work thereof against any defective work or labor done or defective materials furnished in
the construction of the roads.
23. SUBDIVIDER has paid plan check and inspection fees in the amount of
$44,247.00 to COUNTY.
24. SUBDIVIDER has paid an Agreement Administration Fee in the amount of
$488.00 to COUNTY.
25. The provisions of the Agreement shall be binding upon the parties hereto
and their heirs, successors, or assigns.
26. This Agreement shall not be assignable by SUBDIVIDER without the prior
written consent of COUNTY'S Director of the Department of Public Works and Planning.
Any assignee shall take this Agreement subject to the covenants and conditions set
forth herein.
27. Hold Harmless and Indemnification. Each party agrees to defend and
hold harmless the other party from any and all loss or liability arising from the death or
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injury of any person, or damage to real or personal property caused by each party's own
agent or employee. More specifically:
a. SUBDIVIDER agrees to hold harmless, defend and indemnify
COUNTY, its Board of Supervisors, officers, and employees from every claim, demand,
suit, loss and damage arising from:
(1) Any act, omission, neglect or fault of SUBDIVIDER, their
engineers, contractors or agents, or the employees of the same.
(2) Any act, omission, neglect or fault, except for the sole
negligence or willful conduct of the COUNTY, its Board of Supervisors, officers or
employees.
(3) Any injury to, or death of, any person or damage to any
property sustained while on the real property described as Tract No. 6057 or on any
property immediately adjacent to such property, or upon any street or highway running
through such property or immediately adjacent to such property, which is in connection
with or alleged to be in connection with the construction of improvements for Tract No.
6057.
(4) Any injury to, death of, or damage to, the property of
SUBDIVIDER, or its agents, engineers or contractors, or their employees.
(5) Any damage to or taking of any property arising from said
plans, specifications or profiles, or arising from the construction of the improvements
provided for in this Agreement.
b. It is mutually agreed that SUBDIVIDER'S surety, if any, shall not be
deemed liable for the performance of any of the foregoing provisions in this section,
unless said surety shall undertake the completion of any improvement, and then only to
the extent of any act, omission, neglect or fault of the surety, its engineers, agents and
contractors, and their employees, while in the course of completion of such
improvements.