HomeMy WebLinkAboutT-3590 - Agreement/Covenant - 6/21/2006 8"711698'7
RECORDED AT REOUEST OF
LCINOUKAN
Q.
PLEAS - A
MIDI PAST N;
SEP 2 31987
FRESNO COUNTY.CALIFORNIA
GALEN LARSON,County Recorder
P. W. File No. 8090 &&5* , C::
' public Works Department
UGM No. 192 BY DEPUTY RECORDER City of Fresno
SUBDIVISION AGREEMENT
Tract No . 3590
"F'ancher Creek Ranch"
THIS AGREEMENT is made this / --./N day of 1987 , by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Pacific Homes , a California Limited
Partnership, 4545 North West, Suite 115 , Fresno, California 93705,
hereinafter designated and called the "Subdivider , " without regard for
number and/or gender .
RECITALS
1 . The Subdivider has presented to the City a certain final map of
a proposed subdivision of land owned by the Subdivider and located within
the corporate limits of the City, and known and described as Tract 3590
"Fancher Creek Ranch" , a copy of which map is attached to and made a part
APPROVED BY CIN COUNCIL
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of this Agreement, and said Subdivider has requested the City to accept
the dedications delineated and shown on said map for the use and purposes
specified thereon, and to otherwise approve said map in order that the
same may be recorded , as required by law.
2 . The City requires , as a condition precedent to the acceptance
and approval of said map, the dedication of such streets , highways and
public places and easements as are delineated and shown on said map, and
deems the same as necessary for the public use, and also requires that
any and all streets delineated and shown on said map shall be improved by
the construction and the installation of the improvements hereinafter
specified .
3 . Section 12-1012 of the Municipal Code of the City of Fresno
requires the Subdivider to enter into this Agreement with the City
whereby Subdivider agrees to do , perform and complete the work and
matters hereinafter in the Agreement mentioned and set forth in detail ,
within the time hereinafter mentioned , in consideration of the acceptance
of the offers of dedication by the City of Fresno .
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 said map, and the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider
and the City do hereby mutually agree as follows :
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4 . The Subdivider shall perform the work and improvements
hereinafter specified on or before May 1, 1988 , except the sidewalk and
lot corner monumentation which shall be completed upon construction of
the residential dwellings in Tract 3590 but no later than May 1, 1989 , to
the satisfaction of the Director of Public Works and/or the City Engineer
of the City as provided by Code . Issuance of building permits for any
structure within the subdivision shall conform to the requirements of the
Uniform Fire Code . The Subdivider ' s attention is particularly called to
Sections 10. 207 (a ) , 10 . 301(c) and 10 . 301(d) shown in Exhibit "A" attached
hereto and hereby made a part of this Agreement . No occupancy permit
shall be issued until an approved "all weather" street frontage and
access is constructed . The issuance of any occupancy permits by the City
for dwellings located within said subdivision shall not be construed in
any manner to constitute an acceptance and approval of any or all of the
streets and improvements in said subdivision. When a delay occurs due to
unforeseen causes beyond the control and without the fault or negligence
of the Subdivider , the time of completion may be extended for a 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 above noted date , who shall
ascertain the facts and determine the extent of justifiable delays, if
any. The Director of Public Works shall give the Subdivider written
notice of his determination in writing, which shall be final and
conclusive.
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5 . The work and improvements , more specifically shown on the
referenced plans and made a part hereof , shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications, "City Standards" , adopted September 11 , 1984 , by
Resolution No . 84-361 and as amended , at the sole cost and expense of the
Subdivider including all costs of engineering, inspection and testing .
6 . The work and improvements are as follows :
a . Construct all landmarks , monuments and lot corners required
to locate land divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to
the City' s final acceptance of the subdivision and release of
securities, the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider ' s engineer or
surveyor for the final setting of all monuments required in the
subdivision.
b. All utility systems shall be installed underground .
Subdivider ' s attention is directed to the installation of street
lights in accordance with Resolution No. 68-187 and Resolution
No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights . The
Subdivider shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc . , of standards and
luminaries shall be in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to
the actual installation of the lights and shall. be approved by the
City Traffic Engineer .
C . Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d . Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9 , Article 5 of the
Fresno Municipal Code and all applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120 . 7012
of the Fresno Municipal Code .
f . All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with City Standards within seven (7) days
from the time said streets are surfaced , or as directed by the City
Engineer .
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g. Any temporary storm water retention basins constructed or
enlarged to serve this tract shall be fenced in accordance with City
Standards within seven (7) days from the time said basins become
operational , or as directed by the City Engineer .
h. Subdivider has attempted but is unable to acquire and
dedicate to the City all easements required for street purposes
related to this Agreement prior to final map approval . Pursuant to
Section 12-1011(b) (6) of the Fresno Municipal Code , Subdivider
requests that City acquire the necessary easement or dedication
through negotiation or the lawful exercise of City ' s power of Eminent
Domain. Subdivider agrees to observe all the terms and conditions of
the Addendum to Subdivision Agreement (Right-of-Way Acquisition)
( "Addendum" ) attached to this Agreement and incorporated herein by
this reference . Subdivider shall deposit with the City in cash or
Certificate of Deposit or by Instrument of Credit the sums required
by the Development Department Director pursuant to the Addendum.
Such sums shall be security to pay the City the initial cost to
acquire the necessary easement, including but not limited to : just
compensation and damages for the interests acquired , City legal and
non-legal staff time as needed to attempt a negotiated purchase,
appraisal fees , court costs and the related expenditures mentioned in
the Addendum to acquire the easement through the lawful exercise of
the City' s power of Eminent Domain. If deposited funds are less than
the actual full cost to acquire all necessary right-of-way, the
Subdivider shall remit to the City such additional sums as may be
required from time to time to prosecute the matter to the conclusion,
such further payment to be made within ten (10) days of the mailing
to the Subdivider of a notice requesting such additional cost . If
deposited sums exceed the actual full cost to acquire the subject
right-of-way, then at the conclusion of acquisition proceedings City
shall refund the difference as soon as the City determines the amount
of such excess .
i . As a condition of final map approval the developer is
required to install landscaping and an irrigation system in
a (10)-foot landscape easement along the East Church and South Willow
Avenue backyards of lots 31 through 54 inclusive of the subdivision.
The Subdivider has executed a covenant with the City of Fresno
guaranteeing maintenance of the required landscaping until such time
as a Maintenance District has been formed to provide for continued
care and maintenance of the required landscaping. The Subdivider
also agrees to sign a petition asking the Council to include this
Tract in the existing District .
j . Perform and construct all work shown on the attached plans
(Construction Drawing Water Job No . 3618 , 12 Sheets ; 10-C-5016
through 10-C-5027 ; 15-C-6129 through 15-C-6138 ; BE-3/BF-5-1 through
BE-3/BF-5-3 , R/W DWGS. 10-A-557 through 564 , 15-A-5372 and 5375 ) ,
unless specifically omitted herein.
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k. Install and complete all other street improvements required
by Section 12-1012 of the Fresno Municipal Code in accordance with
the City of Fresno standard Specifications and the construction plans .
1 . The Subdivider has deposited with the City the sum of One
Hundred Three Thousand, Eighty One and 58/100 Dollars ($103 ,081 . 58 )
for the following :
(1) Inspection Fees $32 , 209 . 17
(2) Monument Check Fee
71 Lots @ $25 . 00/Lot $1, 775 . 00
(3) Intersection Signing , 9 @ $120.00 $1, 080.00
(4 ) Traffic Regulatory Signing, 14 @ $35 . 00 $490. 00
( 5) Street Trees, 117 @ $60. 00 $7, 020 . 00
(6 ) Sewer Trench Water Compaction Charge ,
6 . 132 .79 CY @ $0. 04/CY $245 . 31
(7) Water Charges $52, 505 . 02
(a ) Tap Charge - Water Job No . 3618
(Service Connections)
3-2" Meters @ $370.00 Ea . $ 1 , 110. 00
(b) Fire Hydrant Charge (Zone District R-1-UGM)
516 , 836 SF @ $0 . 75/100 SF $ 3 , 876 . 27
(c) UGM Well Development
Charge (Supply Well No. 501-S)
69 . 75 Ac @ $680 . 00/Ac $47 , 430. 00
(d ) Water Construction Charge
71 Lots @ $1. 25 /Lot $ 88 . 75
Total Water Charges $52 , 505 . 02
(8 ) UGM Major Street Bridge Charge
(Zone District D-1/E-2)
15 . 60 Ac . @ $125 .00/Ac $1, 950 .00
(9) UGM Traffic Signal Charge,
15 . 60 Ac @ $370. 00/Ac = $5 , 772 . 00
Less $5,000. 00 Credit = $772 . 00
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( 10) Landscape Maintenance District Fee $5 , 035 . 08
TOTAL FEES AND CHARGES $103 , 081 . 58
(11) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No . (15)
Zone District (R-1-UGM)
17 . 47 Ac @ $605 . 00/Ac $10, 569 . 35
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No . (2)
Zone District (R-1-UGM)
17 . 47 Ac @ $688 . 00/Ac $12 , 019 . 36
(c) Sanitary Sewer Oversize Charge
Present Credit-Future Reimbursement
17 . 47 Ac @ $240 . 00/Ac $4 , 192 . 80
Less Oversize Credits [$37 , 850 .00]
Net Charge $0 . 00
Future Reimbursements shall be made in accordance with
Section 9-503 . 2 of the Fresno Municipal Code
(UGM Reimbursement Area No . 34 )
(d ) Transmission Grid Main Charge' -
Present Credit-Future Reimbursement
17 . 47 Ac @ $435 . 00/Ac $7 , 599 . 45
Less TGM Credits [$71 , 955 . 00]
Net Charge $0 . 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1 (d) of the Fresno Municipal Code
(UGM Reimbursement Area D)
(e) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone (D-1/E-2)
15 . 60 Ac @ $1, 270 . 00/Ac $19 , 812 .00
Less Major Street Credit [$80, 362 .00]
Net Charge $0 .00
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Future Reimbursements shall be made in accordance with
Section 11-226 (f ) of the Fresno Municipal Code
(f ) UGM Traffic Signal Charges
Present Credit-Future Reimbursement
15 . 60 Ac @ $370 . 00/Ac $5, 772 . 00
Less Signal Credit ($5, 000.00)
Net Charge - $772 . 00
Future Reimbursements shall be made in accordance with
Section 11-226 (f ) of the Fresno Municipal Code
(g) Fire Hydrant Reimbursement
5 F.H. @ $300 . 00/F.H. $1, 500. 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b of the Fresno Municipal Code
7 . It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done, performed and
installed in strict accordance with the approved construction plans for
said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City, which said plans and specifications
and standards are hereby referred to and adopted and made a part of this
Agreement . In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California , Division of Highways . All of said work and
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
8 . Prior to the approval by the Council of the City of said final
map, the Subdivider shall furnish to the City:
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a . Performance security in the sum of One Million Seventy-seven
Thousand Four Hundred Dollars ($1 , 077 , 400.00) , which is equal to 100%
of the total estimated cost of the work required . Five percent (5%)
of said amount Fifty-three Thousand Eight Hundred Seventy Dollars ,
($53 , 870.00) shall be cash or a Certificate of Deposit, all to be
conditioned upon the faithful performance of this Agreement; and
b. Payment security in the sum of Five Hundred Thirty-eight
Thousand Seven Hundred Dollars ($538 , 700. 00) , which is equal to 50%
of the total estimated cost of the work required to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them for said improvements . Bonds shall be by one or more duly
authorized corporate sureties subject to the approval of the City and
on forms furnished by the City.
C . Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
9 . On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Ten Thousand Eight
Hundred Eighty-seven Dollars ($10, 887 . 00) , for guarantee and warranty of
the work for a period of one ( 1) year following acceptance against any
defective work or labor done or defective materials furnished . In
accordance with Section 12-1016 of the Fresno Municipal Code, said
warranty security shall be in the form of cash or a Certificate of
Deposit . The warranty security shall be returned to the Subdivider, less
any amount required to be used for fulfillment of the warranty one ( 1)
year after final acceptance of the subdivision improvement .
10 . The City shall not be liable to the Subdivider or to any other
person, firm or corporation whatsoever , for any injury or damage that may
result to any person or property by or from any cause whatsoever in, on
or about the subdivision of said land covered by this Agreement, or any
part thereof . The Subdivider hereby releases and agrees to indemnify and
save the City harmless from and against any and all injuries to and
deaths of persons, and all claims, demands, costs, loss , damage and
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liability, howsoever same may be caused , resulting directly or indirectly
from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement , and also from all injuries to and deaths of
persons, and all claims , demands , costs , loss , damage and liability,
howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider ' s agents, employees and
subcontractors , while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified ,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
11 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one (1) year from the date
of acceptance of the work.
12 . The Subdivider and his subcontractors shall pay for any
materials, provisions , and other supplies used in, upon, for , or about
the performance of the work contracted to be done, and for any work or
labor thereon of any kind , and for amounts due under the Unemployment
Insurance Act of the State of California, with respect to such work or
labor, and shall file with the City pursuant to Section 3800 of the Labor
Code, a Certificate of Workers ' Compensation and shall maintain a valid
policy of Workers ' Compensation Insurance for the duration of the period
of construction.
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13 . Initial soils compaction testing for public utility improvement
work within the right-of-way shall be ordered by and paid for by the City
of Frenso. Public utility improvements shall include street surface
improvements , sanitary and storm sewers , City water facilities and
irrigation lines . All other compacion testing for private utility
installations shall be paid for by the Subdivider or his agent .
Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and
direction of the City Engineer who shall determine locations and depths
to be tested . Any compaction tests failing to meet the City ' s
requirements shall be re-ordered by the City and paid for by the
Subdivider or his agent . Billing for the private utility tests and
required retesting due to failures shall be made directly to the
Subdivider or his agent .
14 . The Subdivider shall comply with Street , Plumbing, Building,
Electrical , Zoning Codes and any other codes of the City.
15 . It shall be the responsibility of the Subdivider to coordinate
all work done by his contractors and subcontractors., such as scheduling
the sequence of operations and the determination of liability if one
operation delays another . In no case shall representatives of the City
of Fresno be placed in the position of making decisions that are the
responsibility of the Subdivider . It shall further be the responsibility
of the Subdivider to give the City Engineer written notice not less than
two (2) working days in advance of the actual date on which work is to be
started . Failure on the part of the Subdivider to notify the City
Engineer may cause delay for which the Subdivider shall be solely
responsible.
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16 . Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the City Engineer so
that proper inspection may be provided . If Subdivider fails to duly
notify City as herein required , any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall
not relieve the Subdivider of any of his obligations to fulfill the
Agreement as prescribed . Defective work shall be made good , and
unsuitable materials may be rejected , notwithstanding the fact that such
defective work and unsuitable materials have been previously overlooked
by the Engineer or Inspector and accepted .
17 . Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
the City Engineer by the Subdivider before release of bond, or final
acceptance of completed work .
18 . Adequate dust control shall be maintained by the Subdivider on
all streets within and without the subdivision on which work is required
to be done under this Agreement from the time work is first commenced in
the subdivision until the paving of the streets is completed . "Adequate
dust control" as used herein shall mean the sprinkling of the streets
with water or the laying of a dust coat of oil thereon with sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto any street area or private property adjacent
to the subdivision. Whenever in the opinion of the City Engineer
adequate dust control is not being maintained on any street or streets as
required by this paragraph, the City Engineer shall give notice to the
Subdivider to comply with the provisions of this paragraph forthwith.
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o
Such notice may be personally served upon the Subdivider or, if the
Subdivider is not an individual , upon any person who has signed this
Agreement on behalf of the Subdivider or, at the election of the City
Engineer, such notice may be mailed to the Subdivider at his address on
file with the City Engineer . If , within twenty-four (24 ) hours after
such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not
have commenced to maintain adequate dust control or shall at any time
thereafter fail to maintain adequate dust control , the City Engineer may,
without further notice of any kind , cause any such street or streets to
be sprinkled or oiled , as he may deem advisable to eliminate the
scattering of dust, by equipment and personnel of City or by contract as
the City Engineer shall determine, and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor , the entire cost to City
of such sprinkling or oiling. When the surfacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14 ) calendar days , and the roadway
shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be
maintained during these operations .
19 . Concrete curbs and gutters , the sanitary sewer system and house
connections, together with water mains , gas mains , and their respective
service connections , shall be completed in the streets and alleys before
starting the street and alley surfacing .
20. Time is of the essence of this Agreement , and the same shall
bind and inure to the benefit of the parties hereto, their successors and
assigns .
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21. No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivider
without the written consent of City.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
PACIFIC HOMES, A California
Limited Partnership
MARVIN D. JOHNSON
ACTING PUBUIZ WORKS DIRECTOR SUTTER STREET DEVELOPMENT
COMPANY, INC. , A California
Corporation, General Partner
ATTEST By
Verlin C. Lambeth, President
JACQUELINE L. RYLE
City Clerk
By
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
City Atto ney
By IWI
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L STATE OF CALF I Iss.
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a , \�( C�� before me,the undersigned,a Notary Public in and for
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M I W: j h said State,personally appeared �( ' �f C (.&H �[ — and
8831g/228 E personally known to me(or proved to me on the
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basis of satisfactory evidence)to be the persons who executed the within instrument a-,
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4) E President and / Secretary,on behalf of ��
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'a T the corporation therein named,and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
c m laws or a resolution of its board of directors,said corporation being
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a) known to me to be the general partner o (
a
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OFF!' SEAL
8 w the limit partnership that executed the within instrument,and 1�°-°`" 1�� SKA
acknowledged to me that such corporation executed the same as f i-?y 1'.+!r� Y• �JURUO-
such partner and that such partnership executed the same. `�'. •r P7piF.n P1 a�C CALIFORNIA
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FRESNO COUNTY
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ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISTION)
WHEREAS Subdivider is unable to acquire and dedicate to the
City all easements and rights-of-way required for street purposes
related to this agreement prior to final map approval ; and
WHEREAS Subdivider desires that acquisition of the required
right-of-ways be diligently pursued; and
WHEREAS Subdivider has notified the City (i .e . , the Public
Works and/or Development Department Director) of his inability to
acquire the necessary easements and rights-of-way , and has requested
that City commence such proceedings as are necessary and proper to
acquire said easements and rights-of-way through negotiation and/or
the lawful exercise of its power of eminent domain ; and
WHEREAS the City hereby agrees to use said power of eminent
domain at the specific request and instance of the Subdivider ;
NOW THEREFORE IT IS AGREED between Subdivider and City as
follows :
1 . Subdivider shall initially deposit , upon execution of this
agreement , the sums set out in paragraphs 2 and 15, below . Such
sums shall be utilized by the City to acquire the necessary easement
and rights-of-way, including but not limited to : just compensation
and damages for the interests acquired, City legal and non-legal
staff time as needed to attempt a negotiated purchase , appraisal
fees , court costs and the related expenditures necessary to acquire
the easement right-of-way through the lawful exercise of the City ' s
power of Eminent Domain. If initially deposited funds are less than
the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such additional sums as may be
required from time to time to prosecute the matter to conclusion ,
such further payments to be made within ten (10) days of the mailing
to the Subdivider of a notice requesting such additional costs . If
deposited sums exceed the actual full cost to acquire the subject
rights-of-way , then at the conclusion of acquisition proceedings
City shall refund the difference as soon as the City determines the
amount of such excess .
2. Said initial deposit shall include funds necessary for the
items specified in Paragraph 15 , captioned "Summary of Initial
Deposit . "
3 . Subdivider shall have the option of providing appraisal and
title reports from qualified and reputable appraisers and title
companies , subject to approval of the City Attorney , in lieu of
deposit of appraisal and title report fees , providing said reports
are issued within 120 days preceding the adoption of the Resolution
of Necessity authorizing the condemnation proceedings .
4 . Subdivider shall have the further option of engaging
his own attorney to negotiate and/or prosecute a condemnation
action for the required easement acquisition . Upon
Subdivider ' s election , no later than twenty - (20) days after the
Council of the City of Fresno approves this agreement , of a
reputable and qualified attorney of his choice , subject to
approval of the City Attorney , City shall appoint said attorney
as a special deputy city attorney , provided said attorney
executes an agreement with City for that purpose . Said special
attorney must , within thirty (30) days of his appointment , file
an action in eminent domain , and shall apply for an order for
immediate possession of the subject property . As soon as is
legally possible after commencing said proceedings in eminent
domain and applying for said order , said special attorney shall
obtain an order for immediate possession pursuant to Section
1255. 410 et seq . of the Code of Civil Procedure . Said special
attorney may draw upon the funds deposited hereunder for
attorney ' s fees and costs by submitting to the City Attorney
for his review and approval an itemized written request
therefore endorsed by Subdivider .
5. Subdivider acknowledges that the initial cash deposits
are estimates only and will increase as the litigation
proceeds . Subdivider agrees to pay all proper and necessary
charges incurred or paid by City in pursuing the condemnation
proceedings to a settlement or final judgment . City incurs no
liability for its failure to accurately or properly estimate
the actual costs incurred in the condemnation action.
6. Following Subdivider ' s initial deposit , City may give
notice to Subdivider that said Subdivider shall deposit such
additional sums as City deems necessary to continue or cause
the continuation of prosecution of the proceedings . Subdivider
shall pay all such sums within ten (10) days of the mailing of
said notice . The notice shall state what costs have been
incurred to date , what additional costs are anticipated ; and
how City intends to apply these additional deposits to , for
example , such items as additional compensation , damages , court
costs , expert witness fees , City Attorney staff time , City
Attorney support staff time , deposition costs , right-of-way
staff time , copying costs , mailing costs , process server fees ,
right-of-way staff fees and costs , property owners ' litigation
expenses, costs and attorney' s fees (when required by law) and
such other and further litigation and administrative costs as
City shall deem necessary to pursue the condemnation action to
final judgment . Subdivider ' s dissatisfaction with the adequacy
or sufficiency of said notice for any reason shall not excuse
Subdivider from any duty or obligation , including the
obligation to deposit additional sums . Prior to the date of
any settlement conference set by the superior court in the
eminent domain proceedings , Subdivider shall be given notice
and an opportunity to participate in any decision to settle the
acquisition proceedings if the proposed compensation exceeds
the opinion of value established by the City ' s appraisal or the
property owner ' s appraisal . However, such participation shall
be limited to advising City staff where the giving of such
advice does not interfere with , restrict , delay or impede the
City Attorney in the prosecution or compromise of the
condemnation proceedings , as he deems necessary and appropriate
in the exercise of his sole professional judgment and
discretion .
7, If Subdivider fails to pay the sums stated in the
notice to deposit by the date prescribed , the City shall have
the following remedies in addition to any other remedies
available to it under law or in equity :
a . Subdivider shall have waived and in such event does
hereby waive all his development . entitlements to
build the subject project , and City may summarily
revoke any and all permits issued to build such
project .
b. City may , in its sole discretion , elect to terminate
any acquisition proceedings commenced pursuant to
this agreement . If City so elects , Subdivider shall
indemnify and hold City harmless from any and all
costs , fees , damages and expenses incurred as a
result of said proceedings and the termination and
abandonment thereof .
C. In the alternative , City may , in its sole discretion ,
allow the project to proceed and treat all costs
incurred pursuant to this agreement as a debt due and
owing to the City . In this event , the sums so
demanded in the notice to deposit shall be presumed
to be proper , necessary and correct for continued
proceedings to acquire the easements . Upon the
failure of Subdivider to make timely and full
deposit , as required by the notice , City shall
collect interest on the amount demanded, to the
extent said amounts reflect costs actually incurred ,
and upon any amounts thereafter incurred , at the rate
of ten (10) percent per annum until paid . In any
action brought by the City as the result of
Subdivider ' s failure to timely and fully deposit the
amounts demanded , City may recover its reasonable
attorney' s fees and litigation costs .
8 . Compliance with the terms and conditions of this
agreement is a condition of approval of any and all UGM, tract
map and subdivision map projects which are the subject of the
principal agreement to which this ancillary agreement is a part .
9 . City shall have a lien upon any and all performance ,
payment and other bonds or deposits posted by or for Subdivider
in conjunction with said development as security for the
payment of any costs , charges or fees called for by this
agreement .
10. Upon recordation of the Subdivision Agreement to
which this Addendum is incorporated by reference , City shall
have a lien upon the lands described in paragraph 1 of said
Subdivision Agreement as security for the payment of any costs ,
charges or fees called for by this agreement .
11 . At the conclusion of any condemnation proceedings ,
City shall provide to Subdivider a final statement of the
expenditures of the City relating to the subject acquisition .
Failure of the City to provide any accounting required by this
agreement , however , shall not excuse Subdivider ' s duty to
perform any act , particularly the duty to make full and timely
deposits in accordance with any demands and notices by the
City . Upon rendering of the final accounting referenced
herein , Subdivider may queston or challenge any use of funds
set forth in such accounting and may appeal same to the City
Council .
12 . Any amounts deposited by Subdivider shall be
maintained by City in an interest-bearing account of the City ' s
choice , and may be co-mingled with other City funds in such
account . Interest accruing upon any such deposit shall inure
to and be credited for the benefit of Subdivider , less the
City ' s reasonable or actual costs of administering said account
and less any other charges which may be required or authorized
by law. The parties agree that five (5) per cent of the
amount(s) deposited is the reasonable cost of administering
said account .
13 . Time is of the essence to this agreement since the
City may suffer certain consequences in the event of
Subdivider' s breach, such as inverse condemnation liability ,
Abandonment ( by operation of law) of the condemnation action ,
an award to the property owner of his litigation expenses and
reasonable attorney ' s fees and those sanctions imposed by the
Permit Streamlining Act (Government Code sections 65920, et
seg. ) . —
14 . No partial invalidity of this agreement shall
invalidate the remainder .
_n_
15. Summary of Initial Deposit.
Amount Deposited : Item:
$31 , 562 .00 Original valuation or property
acquisition cost .
$ ' N/A *Initial Appraisal fees .
$ 2 , 500 .00 Right-of-way staff time.
$ N/A *Costs of acquiring title report( s) .
$12 ,200 .00 Attorney' s fees and costs (assuming a
negotiated settlement after filing of
Complaint in eminent domain) .
------------------------------------------
------------------------------------------
$46,262.00 Subtotal
$41626 . 00 Contingency ( ten percent of subtotal)
------------------------------------------
------------------------------------------
$50,888 . 00 TOTAL
NOTES :
*An "E" in the "Amount Deposited" column indicates that
Subdivider has elected the option( s) available in paragraph 3
of this Addendum.
**Enter "0" in the "Amount Deposited" column if there are no
other costs .
MIW : jh
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CZ
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• 1992 ECITION 10.201-T0.205
Dlvlslon II
- GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.:01.No person shall molest,tamper with,damage or otherwise disturb
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire department without authomy from the chief or his
authonzed representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec. 10.2'0:.No person shall remove,tamper with or oiherx-ise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi-
sions of this cede except for the purpose of extinguishing tire,training purposes.
recharging, or making necessar}, repairs. or when permitted by the fire depart-
ment. Whent.ver a fire appliance is removed as herein permitted, it shall be
replaced or reinstalled as soon as the pur-pose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.203. No person shall use or operate anv hydrant or other valves
installed on any water system inicndcd for use by the chief for circ sunoression
purposes and which is accessible to any public highway,alley or private way open
to or generally used by the public,unless such person first secures a permit for use
from the chief.This section does not arpiy to the use of a hydrant er ether salves
by a person employed by and autnonzed to make sucn use by the water company
which supplies water to such hydrants or other valNcs.
Tampering with Barricades,etc.
Sec. 10.20.3. No person, except a person authonzed by the chief or a public
officer actino within the scope of his public duties,snall remove,unlock,destrov.
tamper with or otherwise molest in any manner any lock. gate, door, bamcade,
Chain. enclosure. sign. ta_ or seal which has teen lawfully installed by the fire
department or by its order or under its control.
Closure of Roads or Trails
Sec. 10.205. (a)General. The chief may install one or more gates,cables or
other bamcades and securely lock the same to prevent the use by unauthonzcd
persons of any road that is not a public highway and over which the fire
deparunent has the right to pass, whether by easement, license, municipal
ow-nership or otherwise, for purposes relaune to fire prevention or control.
provided sucn action does not preclude the autnonzed users of sucn road or trail
from using the same.
(b)Tmpassing. No person-except a public officer acting within the scope of
his public duties,shall trespass upon anv road or trail which has teen closed and
obstructed in the manner authorized by ws section without the express permis-
sion of the chief, nor shall any person park any vehicle so as to obstruct the
entrance to sucn road or trail.
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10.206 10.209 UNIFORM FIRE CODE
Obstruction of Fire Protection Equipment
Sec. 10.206. No person shall place or keep any post. fence. vehicle, growth.
trash. storage or other material or thing near any fire hydrant. fire department
connection or fire protecuon system control valve that would prevent such
equipment or hydrant from being immediately discernible or in any other manner
deter or hinder the fire department from gainine immediate access to said
equipment or hydrant. A minimum 3-foot clear space shall be maintained around
the circumfertncc of the fire hydrants except as otherwise required or approved by
the chief.
Access Roadways for Fire Apparatus
Sec. 10.207. (a) Required Construction. Every building hereafter con-
structed shall be accessible to fire department apparatus by way of access road-
ways with all-weather driving surface of not less than 20 feet of unobstructed
width.with adequate roadway turning radius capable of supporting the imposed
loads of fire apparatus and having a minimum of 13 feet 6 inches of vertical
clearance. Dead-end fire department access roads in excess of 150 feet lone shall
be provided with approved provisions for the fuming around of fire department
apparatus.
EXCEPTION: When there are not more than two Group R. Division 3 or,1
Occupancies as defined in t.5e Bwldine Code.the requirement of this section may be
maimed when.in the opinion of the cn:cf.fire-flehtim or rescue operations would
not be impaired.
(b) Obstructing. The required width of access roadways shall not be
obstructed in any manner.including parking of vehicles. NO PARKING signs or
ocher appropriate notice.or both prohibiting obsuucuons may be required and
shall be maintained.
(c) Extent. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls of the first Story of any building. Where the access
roadway cannot be provided.approved fire protection system or systems shall be
provided as recurred and approved by the chief.
(d)Fire-protection Alternate.Nl,-here fire-protection systems approved by the
chief are provided,the above required clearance may be modified.
(e)Oyer-sizintl.The chief shall have the authonty to require an increase in the
minimum access widths where such width is not adequate for fire or rescue
oper_tions.
(f)BridZes.1lv'here a bridge is required to be used as access under this section.
it shall be constructed and maintained in accordance with the applicable sections
of the Building Code and using design live loading sufficient to carry the imposed
loads of the fir: apparatus.
Premises Identification
Sec. 10.205. Approved numbers or addresses shall be placed on all new and
e.xiseine buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall contrast with their
background.
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199:EDITION 10.:03-10.301
Key Box
Sec. 10.207.When access to or within a structure or an area is unduly dif ficult
because of secured openings or «here immediate access is necessary for life-
saying or fire-Gehtmg purposes,the chief may require a key box to be installed in
an accessible location.The key box shall be a type approved by the chief and shall
contain kens to cam necessan•access as required by the chiet.
Division III
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION, LIFE-SAFETY SYSTEMS AND
APPLIANCES
Installatlon
Sec 10.301.(a)T}pe Required.The chief shall desicnate the tn;%e-and number
of fire appliances to be installed and maintained in and upon ail buildincs and
premises in the iunsdiction other than pnyate d..glhncs. This shall be done
accordinc to the re!anyc seventy of probable tire. including the r aridity ..ith
which it may spread. Such app fiances shall be of a tyre suitable for me^robab!c
class of fire associated with such buildinc or premises anti sha!I hate a^ci-mal of
the chief.
Portable fire extinguishers shall be in accordance with U.F.C. Stardard No.
10-I.
(b) Special Hazards. In occupancies of an especially hazarcous nature or e
where special hazards exist in addition to the normal hazard of the occupancy,c i
where access for circ apparatus is unduly difricult, additional safccuaras may be
required consisting of additional circ appliance units, more than one tyre of
appliance.or special systems suitable for the protection of the hazed involved.
Such devices or armhanccs may consist of automatic fire alarm systems,automat- I
is spnnkler or water spray systems. standpipe and hose. fixed or portable fire
extincuisncrs, suitable asbestos blankets. breathing annaratus. manual or auto-
matic covers, carbon dioxide, foam. halocenatcd and dn- chemical or other
special tire-exur.cuisnin^_ systems. %\here such systems arc installed. they shall
be in accordance with tAe applicable Uniform Fire Code Standards or stanea.ds of
the \ationai Fire Protection Association .-.nen Unoorm Fire Code Stancards do
not apply.
(c) Water Supply. An approved ..ater supply capable of supplying reouired
fire f1o.y for fire protection snali be Provided to all premises upon unicn buildings
or portions of bwidines are hereatter constructed. When any portion of the
building protected is in excess of I:0 feet from a water supply on a pubiic street.
then shall be provided. when rcuulreo b} the chict, on-site tire hydrants and
mains caoable of supniying the required(ire t1o.y.
Water supply may consist of rescnoirs, pressure tanks, elcyated tanks. water
mains or otner fixed system capable of suppi}ing the required fire flow. In setting
the requirements for fire flow,the chief may he guided by the standard publisned
:1
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10.301.10.303 UNIFORM FIRE COCE
by the Insurance Sentces Office, "Guide for Determination of Required Fire
Flory. '
The location, number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street
or on the site of the premises to be protected as rcoutrcd and approved by the chief.
All hvdtants shall be accessible to the fire department apparatus by road%%ays
meeting the requirements of Section 10.207.
(d)Timin(_of Installation.When fire protection facilities arc to be installed by
the dcvcio:er. such facilities includinc all surface access roads shall be installed
and made seri tccablc pnor to and dunne the time of construction.When alternate
methods of protection,as approved by the chief,arc provided,the above may be
modified or%valved.
(c) Approval and Testing. All fire alarm systems, fire hydrant systcros, ftre-
exnncuishmc systems(includinc automatic spnnklers). wct and dry standpipes.
basement inlet pipes. and other fire-protection systems and pert(ncnts thereto
shall meet tnc arpro%al of the fire department as to installation and location and
shalt be subject to such periodic tests as rcoutred by the chief. Plans and
specifications shall be submitted to the fire department for review and approval
pnor to construction.
Maintenance
Sec. 10.302.(a)General. All sprinkler systems.fire hydrant systems,stand-
` p systems, fire alarm systems, portable fire extinLutshers, smoke and neat
ventilators, smoke-removal systems and other fire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be rcpiaccd or repaired where defective.Fire-'protective orextineulshtne
systems coverage. spacing and specifications shall be maintained to accordance
yytth recocmzed standards at all times.Such systems shall be extended,altered or
aucmcnted as necessary to maintain and continue orotection yyncnc%er am
budding so equtored is altered. remodeled or added to. All additions, repairs.
alterations and seri rcrn_e shall be in accoraance yyun reco_n(zcd standards.
F\CLI'1*10.N: Systems not required by this or any otner coec need not N,
e.xunued.a:terca nor aucmcnted.
Soda-a,:td,foam, loaded stream,antifreeze and water fire extin_uuners of the
in%crt=types snail not be recharged or placed to service for circ protection use.
(bI Si stems in Hitth-rice Buildincs.The burldmc ouncr shall be resoons(bic
for assunnc that tnc fire and life safety systcros reauired by Sections IS07 and
IQ07 of tie Uniform Build(n_Code shall be maintained to an operroic condition
at all tim:s. Unless otheryy(se required by the chief, quarterly tests of such
systcros shall be conducted by qualified persons approved by the chief. A yynttcn
record shall be maintained and be made available to the inspection autnon(y.
Vapor Liquid and Liquefied Gas Extinguishers
Sec. 10.303.(a)Prohibited Types.Vaporizing liquid exrtm_uishurs containing
carbon tetrachlondc or chlorobromometnane shall not be tnswlled or used to any
location for(ire protection use.
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