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AGT. # 15-113
COUNTY OF FRESNO
SUBDIVISION AGREEMENT
7 THIS AGREEMENT made and entered into this9ly! day ofiha.JdlJ , 20/
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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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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 February 2015
Underground utilities July 2016
Subgrade September 2016
Pavement October 2016
Complete all work March 2016
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
Kings Court,Queens Court,and Knights Court in accordance withthe approved plans,
the applicable improvement standards,the specifications,and this Agreement.
To provide,after rough grading,Resistance "R"Value tests in accordance
with the test method California 301-F,as required by the Director of Public Works and
Planning.Base and surfacing requirements will be adjusted to meet any revision
resulting from the tests.
Areas that have been overexcavated shall be reconstructed to the
approved typical section.
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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.
5. To require SUBDIVIDER'S engineer to verify and certify the subgrade and
aggregate base elevations to the Department of Public Works and Planning priorto the
placement of asphalt paving.
6. To construct drainage facilities in accordance with the approved plans and
this Agreement.
In constructing road improvements,SUBDIVIDER shall perform the
following:
a.That portion of the right-of-way lying outside the pavement line shal
be graded to conform to the approved cross-section.
b.All drainage structures shall be cleaned.
c.The entire roadway area shall be swept clean.
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 lotof 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 withthe 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
itis deemed necessary,provided such changes,alterations,or additional work do not
exceed ten percent (10%)of the original estimated cost of the improvements.
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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 bythe Directorof PublicWorks
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 ofthis subdivision.
13.That all necessary financial arrangements have been made with the
Pacific Gas and Electric Company and the providinglocal Telephone Company for the
in-tract facilities.
MAINTENANCE:
14. To provide maintenance of KingsCourt,Queens Court, and Knights Court
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 priorto release ofthe improvement security posted to
guarantee completion and maintenance ofthe work.
15.To provide maintenance ofthe recreation and open space outlots through
the tract Homeowners Association.
ADDITIONAL CONDITIONS:
16.SUBDIVIDER is responsible for all work until the work is accepted bythe
COUNTY.COUNTY'S acceptance shall be conditioned upon the acceptance ofthe
work byother applicable agencies,including butnot 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.
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18.SUBDIVIDER shall furnish to the COUNTY a set of as-built plans for all
work performed.
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 allthe
applicable improvement standards ineffect 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 inthe amount of $5,000.00 to
guarantee placement of survey monuments.
21.SUBDIVIDER has submitted to COUNTY improvement security in the
amount of $945,000.00 which sum constitutes 100 percent of the estimated cost of all
workto guarantee performance and maintenance,plus 10 percent,and improvement
security inthe amount of $429,500.00, to guarantee payment of labor and materials as
provided in the Subdivision Map Act,which sum constitutes 50 percent ofthe estimated
cost of all required improvements.
The securities for performance hereinabove provided shall be for the
purpose ofsecuring the completion ofsaid 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 $201,900.00.This amount shall guarantee
maintenance of Kings Court,Queens Court, and Knights Courtfora period ofone year
after completionofthe workthereof against any defective workor labor done or
defective materials furnished in the construction of the roads.
23.SUBDIVIDER has paid plan check and inspection fees inthe amount of
$83,833.00 to COUNTY.
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24.SUBDIVIDER has paid an Agreement Administration Fee inthe amount of
$6,900.00 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 SUBDIVIDERwithout 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
injury ofany person, or damage to real or personal property caused by each party'sown
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)Anyact, omission, neglect or faultof SUBDIVIDER,their
engineers,contractors or agents,or the employees ofthe same.
(2) Anyact, omission, neglect or fault,except for the sole
negligenceor willful conductofthe COUNTY,its Board ofSupervisors,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.5955 oron any
property immediately adjacenttosuch property,or upon anystreet or highway running
through such property or immediately adjacent tosuch property,which is in connection
with or alleged to be in connection with the construction of improvements for Tract No.
5955.
(4)Any injury to, death of,or damage to, the propertyof
SUBDIVIDER,or its agents,engineers or contractors,or their employees.
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(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. Itis mutually agreed that SUBDIVIDER'S surety,ifany, 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 onlyto
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.
c.COUNTY agrees to hold harmless,defend and indemnify
SUBDIVIDER,its agents,engineers or contractors,or their employees from every claim
demand,suit,loss and damage arising from the negligent or willful conduct of COUNTY,
its Board of Supervisors,officers, or employees acting within the scope oftheir
employment with COUNTY.
28.Attorneys'Fees.If any action be brought by COUNTY forthe recoveryof
any sum due COUNTY underthis Agreement,forany damages forany breach ofthis
Agreement,orto compel the performance ofthis Agreement,COUNTY shall be entitled
to reasonable attorneys'fees should COUNTY prevail.
29. Interpretation. Unless otherwise indicated, the ordinaryand plainmeaning
ofthe words and phrases ofthis Agreement shall be given effect.Any word or phrase
requiring interpretation shallbe interpreted in a mannerconsistent with the spirit and
intentofthe SubdivisionMapActand the SubdivisionOrdinance ofthe Countyof
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.
3 II
4 SUBDIVIDER:
5 Omega Developers, LLC., a
6 Limited Liability Co.
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8 By:
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11 AGREEMENT approved as to Contents
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ALAN WEAVER, Director of the Department of Public Works and Planning
II
COUNTY OF FRESNO
18 By: ~~~~~~~~~~~~
19 Chairman, Board of Supervi
20 II
21 ATTEST:
22 BERNICE E. SEIDEL, Clerk to the Board of Supervisors
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24 By: -·"'-::i;.~...:o~~01:!!.:::'-=-~~~ -cf~.:~-' ___ _
25 Deputy
26 ACR:
27 G:\4360Dev_Engr\Subdivisions (Tract)\ Tract 5955 Chelsea Downs\Subdivision Agreement.doc
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