HomeMy WebLinkAboutT-3796 - Agreement/Covenant - 6/30/2006 - •`-� ..cw�tunv A1'�iZEQUE4f ur
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FRESNO �—JAM CALIFORNIA 87023723
023 23
GALEN LARSON, County Recorder
TWkwaWw't �FEE(71
BY DEPUTY RECORDER
P. W. File No. 8381 Public Works Department
UGM No. 243 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3796
"Hampton Court"
THIS AGREEMENT is made this 19th day of FE15RUARY 198 7 .
by and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Robert A. McCaffrey and Karen
McCaffrey, husband and wife; John A. Bonadelle, a single man; Mauro
Anthony Simone and Dianne Marie Simone, husband and wife, as joint
tenants; Tony Simone and Margaret M. Simone, his wife, hereinafter
designated and called the "Subdivider . "
RECITALS
1. The Subdivider has presented t0 the City a certain final map of
a proposed subdivision of land located within the corporate limits of the
City, and known and described as Tract 3796, Hampton Court, a copy of
which map is attached to and made a part 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.
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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:
4 . The Subdivider shall perform the work and improvements
hereinafter specified on or before February 1, 1988, except the sidewalk
and lot corner monumentation which shall be completed upon construction
of the residential dwellings in Tract 3796 but no later than February 1,
1989, to the satisfaction of the Director of Public Works of the City.
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
Developer, the time of completion may be extended for a period justified
by the effect of such delay on the completion of the work. The Developer
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 Developer 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
luminaires 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.
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. Wet-Ties shall be in accordance with Estimate No. E-413 .
The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction.
Should the actual construction cost be less than the deposit, the
Subdivider shall be refunded the excess. Should the actual
construction cost be greater than the deposit, the Subdivider shall
be billed by the City of Fresno for the difference and shall be
directly responsible for payment .
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i. 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.
j . As a condition of final map approval the developer is
required to install landscaping, an irrigation system and fence in
a (10)-foot landscape easement along side property lines of lots 1,
26, 27, 52, 53, 84, 85, 112, 148 and 169 of the subdivision. The
Subdivider has executed a covenant with the City of Fresno
guaranteeing installation and maintenance of the required landscaping
and sprinkler system.
k. The subdivider agrees as a condition of construction to
complete the storm drainage construction work south of Sierra in
accordance with approved storm drainage plans (Ac-4-1 to Ac-4-2) and
insure it is operational prior to placing of pavement in the Tract .
1. Perform and construct all work shown on the attached plans
15-C-6139 through 6148; Ac-13-1 to Ac-13-2; Ac-14-1 to Ac-14-2;
Construction Drawing Water Job No. 3632-10 shts; 15-A-5291 and
10-C-4994 through 10-C-5003, unless specifically omitted herein.
M. 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.
n. The Subdivider has deposited with the City the sum of Ninety
Thousand Five Hundred Fourteen and 05/100 Dollars ($) 90, 514 .05 for
the following:
(1) Inspection Fees $15, 822 .71
(2) Intersection Signing, 13 @ $90.00 $1, 170.00
(3) Traffic Regulatory Signing, 14 @ $35 .00 $490.00
(4) Street Trees, 215 @ $60.00 $12, 900.00
(5) UGM Fire Station Pee; (Lots 113-116)
(Service Area No. 14; Zone District R-1-UGM)
1.0995 Ac @ $547.00/Ac $601.43
(6) UGM Park Fee; (Lots 113-116)
(Service Area No. 6; Zone District R-1-UGM)
1.0995 Ac @ $1, 800.00/Ac $1, 979. 10
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i (7) Sanitary Sewer Fees $8, 332 . 10
(a) Lateral Charge
294 . 16 LF @ $10/LF
(Lots 113-116) $2 , 941. 60
1078. 10 LF @ $5/LF $5, 390. 50
(Note: Major Facilities
Fee is to be paid at time
of development . )
Total Sewer Charges $8 , 3,32 . 1_0
(8) Water Charges $28, 952 .77
(a) Frontage
294. 16 LF @ $6 .00/LF
(Lots 113-116) $1,764. 96
1078. 10 LF. @ $3 .00/LF $3 ,234 . 30
(b) Fire Hydrant Charge (Zone District R-1)
1,144, 334 SF @ $0.75/100 SF $8, 582. 51
(c) UGH Well Development
Charge (Supply Well No. 201-5)
35. 67 Ac @ $425 .00/Ac $15, 159 .75
(d) Water Construction Charge
169 Lots @ $1. 25 /Lot $211. 25
Total Water Charges $28 , 952.77
(9) UGH Major Street Charge; (Zone C/D-2) )
32 .24 Ac. @ $1,700/Ac $54,808.00
Less $44, 953 . 50 Credit $9 , 854 . 50
(10) UGM Major Street Bridge Charge
(Zone District C/D-2)
32 .24 Ac. @ $85 .00/Ac $2,740. 40
(11) UGM Traffic Signal Charge,
32 .24 Ac @ $370.00/Ac = $11,928 .80
Less $8,000.00 Credit = $3 , 928 . 80
(12) UGM Trunk Sewer Fee; (Lots 113-116)
(Service Area Cornelia; Zone District R-1-UGM)
0. 9938 Ac @ $445.00/Ac $442 .24
(13) UGM Major Street Right-of-Way $3 , 300.00
Acquisition Charge
TOTAL FEES AND CHARGES $90, 514 .05
(14) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No. (14)
Zone District (R-1-UGM)
34 .5705 Ac @ 547 .00/Ac $18, 910.07
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(b) UGM Neighborhood Park Fee
i 1. Deferred by Covenant
Service Area No. (5)
Zone District (R-1-UGM)
20. 39 Ac @ 1, 942 .00/Ac $39 , 597 . 38
2. Deferred by Covenant
Service Area No. 6
Zone District (R-1-UGM)
14 .1805 Ac @ 1, 800.00/Ac $25 , 524 .91
(c) UGM Trunk Sewer Fee
Deferred by Covenant
Service Area No. (Cornelia)
Zone District (R-1-UGM)
31.2462 Ac @ 445 .00/Ac $13 ,904 . 57
(d) Sanitary Sewer Oversize Charge
Present Credit-Future Reimbursement
35.67 Ac @ $240.00/Ac $8 , 560. 80
Less Oversize Credits [$3 , 801.00]
Less Credit Tract 2724 [$4 ,759 .80]
Net Charge -0-
Future Reimbursements shall be made in accordance with
Section 9-503 . 2 of the Fresno Municipal Code
(UGM Reimbursement Area No. 16)
(e) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
35. 67 Ac @ $435 .00/Ac $15, 516 .45
Less TGM Credits [$17, 144 . 50]
Net Charge $0
Future Reimbursements shall be made in accordance with
Section 14-107 . 1(d) of the Fresno Municipal Code
(UGM Reimbursement Area A)
(f) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone (C/D-2)
32 .24 Ac @ $1,700.00/Ac $54 , 808 .00
Less Major Street Credit [$44 , 953 . 50]
Net Charge $9, 854 . 50
(g) UGM Traffic Signal Charges
Present Credit-Future Reimbursement
32.24 Ac @ 370.00/Ac $11, 928 . 80
Less Signal Credit [$8,000.00]
Net Charge $3 , 928 . 80
Future Reimbursements shall be made in accordance with
Section 11-226(f) of the Fresno Municipal Code
(h) Fire Hydrant Reimbursement
11 F.H. @ $300/F.H. $3 , 300.00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b of the Fresno Municipal Code
Future reimbursements made for work performed under
this agreement shall be made to Robert A. and Karen
McCaffrey, husband and wife, and John A. Bonadelle, a
single man.
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7. Subdivider has paid to the City of Fresno, in accordance with
Article 13, Chapter 13 of the Fresno Municipal Code, the required fee to
defray the costs of constructing planned local drainage facilities for the
removal of surface and storm waters from the subdivision.
8 . 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.
9 . Prior to the approval by the Council of the City of said final map,
the Subdivider shall furnish to the City:
a. Performance security in the sum of Eight Hundred Fifty
Five Thousand and 00/100 Dollars ($855,000.00) , which is equal to
100% of the total estimated cost of the work required. Five
percent (5%) of said amount Forty Two Thousand Seven Hundred Fifty
and 00/100 Dollars, ($92,750.00), 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 Four Hundred Twenty Seven
Thousand Five Hundred and 00/100 Dollars, ($927, 500.00) , 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.
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Nine Thousand
One Hundred Seventy Five and 00/100 Dollars ($9, 175.00) , 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.
11 . 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 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
Subdividers 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.
12. 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.
13 . 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.
14 . Initial compaction and soil tests for street, sewer, and other
work within the public right-of-way shall be ordered by and paid for by
the City of Fresno. Sewer and utility trench tests shall be taken in
varying locations and depths as required by the City Engineer.
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i
Compaction tests failing to meet the City' s requirements. shall be
reordered by the City of Fresno from the same testing laboratory.
Billing for the required retests shall be made directly to the
Subdivider or his agent for payment. Compaction test for water
facilities installed by the City of Fresno shall be paid for by the
City of Fresno.
15. The Subdivider shall comply with Street, Plumbing, Building,
Electrical, Zoning Codes and any other codes of the City.
16. 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.
17. 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 .
18. 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.
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19 . 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. 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 therefore, 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 .
20. 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.
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21. 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 .
22. 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
JAMES L. MARTIN Robert A. McCaffrey & Karen McCaffrey
PUBLIC WORK DIRECTOR Husband and Wife
By
ATTEST: By ' '' / / 1-(i
JACQUELINE L. RYLE John A. Bonadelle, a single man
City Clerk
By By --,L
/ Depu
`J Maur Anthony Simone and
APPROVED AS TO FORM: Dian� riLe 5 imone, Husba;�d and Wife
(GGLO CG � ,/; yl7l Xt yC o,C �i�/J/'
C. WIL IAM BREWER ✓�` t� �Lttu��``
Actin ity Attorney By
By
Deputy By .� .
ony Simone and �
_j ret M. Simone
LLc/w
By
B
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(Attach Notary Acknowledgment)
MIW:sn
8448g/218
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i
STATE OF CALIFORNIA) ss
COUNTY OF FRESNO )
On this 21st of January 1987, before me, the undersigned, a
Notary Pub it c in and for said County and State, personally appeared
ARTHUR J. FINI, Vice President and REBA LANIER, Assistant Secretary,
personally known to me to be the persons who executed the within instrument
on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that
executed and whose name is subscribed to the within instrument as the
attorney-in-fact of TONY SIMONE and MARGARET M. SIMONE, and acknowledged
to me that they subscribed the names of TONY SIMONE and MARGARET M. SIMONE
thereto as principals and the name of STEWART TITLE OF FRESNO COUNTY , A
CORPORATION as attorney in fact for said TONY SIMONE & MARGARET M. SIMONE,
and that said STEWART TITLE OF FRESNO COUNTY, A CORPORATION, executed the
same as such attorney-in-fact.
WITNESS MY HAND AND OFFICIAL SEAL =19NOTARY
AL SEAL
AY CH�ODINi
- IC- CALIFORNIA
O COUNTY
xpires OCT 5, 1990
NOTARY BLIC
STATE OF CALIFORNIA) ss
COUNTY OF FRESNO )
On this 21st day of January 1987, before me, the undersigned, a
Notary Pub it c in and for said County and State, personally appeared
ARTHUR J. FINI, Vice President and REBA LANIER, Assistant Secretary,
personally known to me to be the persons who executed the within instrument
on behalf of said STEWART TITLE OF FRESNO COUNTY, the corporation that
executed and whose name is subscribed to the within instrument as the
attorney-in-fact of MAURO ANTHONY SIMONE and DIANNE MARIE SIMONE, and
acknowledged to me that they subscribed the names of MAURO ANTHONY SIMONE
and DIANNE MARIE SIMONE thereto as principals and the name of STEWART
TITLE OF FRESNO COUNTY, A CORPORATION as attorney in fact for said
MAURO ANTHONY SIMONE & DIANNE MARIE SIMONE, and that said STEWART TITLE
OF FRESNO COUNTY, A CORPORATION., executed the same as such attorney-in-fact .
WITNESS MY HAND AND OFFICIAL SEAL OFFICIAL SEAL
WENDY KAY CHIODINI
W a NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
OTARY P I C My comm. expires OCT 5, 1990
GENERAL ACKNOWLEDGMENT
No.20
State of California On this the 21S day of January 19 87 ,before me,
County of Fresno SS. WENDY KAY CHIODINI
the undersigned Notary Public,personally appeared
Robert A. McCaffrey and Karen McCaffrey, Husband
and Wife, and John A. Bonadelle, a Single Man
IS personally known to me '
OFFICIAL SEAL C3 proved to me on the basis of satisfactory evidence
WENDY KAY CHIODIWI to be the person(s)whose name(s) are subscribed to the
NOTARY PUBLIC-CALIFORNIA within instrument,and acknowledged that they executed it.
FRS COMM WITNESS my hand and official seal.
My comm. expires 'OCT 5. 1990
Notary's Signat
7110 192 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills,CA 91365-462E
i
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;
WHEREAS Subdivider desires that acquisition of the
required right-of-ways be diligently pursued;
WHEREAS Subdivider has notified the 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 deposit, upon execution of this
agreement, the sums set out in paragraphs 2 and 12, 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 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 in lieu of deposit of appraisal and
title report fees, providing said reports are issued within six
months of the anticipated Resolution Of Necessity authorizing
the condemnation proceedings.
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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 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
therefor 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
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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
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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 question 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
sec. . ) .
14. No partial invalidity of this agreement shall
invalidate the remainder.
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15. Summary of Initial Deposit.
Amount Deposited: Item:
$ 700.00 Property acquisition cost.
$ 750.00 Real Estate Staff time.
$ 1,500.00 Attorney ' s fees and costs (assuming a
negotiated settlement after filing of
complaint in eminent domain) .
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$ 2,950.00 Subtotal
$ 350.00 Contingency (ten percent of subtotal)
$ 3, 300.00 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 110" in the "Amount Deposited" column if there are no
other costs.
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• 1882 EDITION 10.201.10.205
DIVISion II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.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 authonty from the chief or his
authonzed representauve to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec.10.202.No person shall remove,tamper with or otherwise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi.
sions of this code except for the purpose of extinguishing fire,training purposes.
recharging.or malting necessary repairs.or when permitted by the fire depart-
ment.Whenever a firs appliance is removed as herein permitted; it shall be
replaced or reinstalled as soon as the purpose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.:03. No person shall use or operate any hydrant or other valves
installed on any water system intended for use by the chief for fire suppression
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 apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other valves.
Tampering with Barricades.etc.
Sec. 10.204. No person.except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove.unlock,destroy.
tamper with or otherwise molest in any manner any lock. gate,door, barricade.
chain,enclosure,sign, tag or seal which has been lawfully installed by the fire
s'-> department or by its order or under its control
Closure of Roads or Trails
Sec. 10.:05.(a)General.The chief may install one or more gates.cables or
other barricades and securely lock the same to prevent the use by unauthorized
persons of any road that is not a public highway and over which the fire
department has the right to pass, whether by easement, license, municipal
ownership or otherwise. for purposes relating to fire prevention or control.
provided such action does not preclude the authonzed users of such road or trail
from using the same.
(b)Tttspassing.No person.except a public officer acting within the scope of
his public duties,shall trespass upon any road or trail which has been closed and
obstructed in the manner authorized by this section without the express permis-
sion of the chief. nor shall any person park any vehicle so as to obstruct the
entrance to such road or trail.
39
..s
10.206-10.208 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 protection 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 gaining immediate'access to said
equipment or hydrant.A minimum Moot clear space shall be maintained around
the circumference 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 mad-
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 long shall
be provided with approved provisions for the turning around of fire department
apparatus.
EXCEPTION:When there are not mon:than two Group R. Division 3 or M
Occupancies as defined in the Building Code.the requirement of this section may be
modified when.in the opinion of the chief.fire-fighting 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
other appropriate notice.or both.prohibiting obstructions may be required and
shall be maintained.
(e) Extent. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls of the fust story of any building. Where the access
roadway cannot be provided.approved fire protection system or systems shall be
provided as required and approved by the chief.
(d)Fire-protection Alternate.Where fire-protection systems approved by the
chief are provided.the above required clearance may be modified.
(e)Oversizing.The chief shall have the authority to require an increase in the
minimum access widths where such width is not adequate for fire or rescue
operations.
(f)Bridges.Where 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 fire apparatus. .
Premises Identification
Sec. 10.208. Approved numbers or addresses shall be placed on all new and
existing 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.
40
2
1982 EDITION 10.209-10.301
Key Box
Sec. 10.209.%%'hen access to or within a structure or an arca is undtjly difficult
because of secured ol+enings or where immtcdiate access is ncccssarn• for life- I
saving or firc-fighting purposes.the chief map require a key box to be mstallcd in
an accessible location.The key box shall he a type approved by the chief and shall
contain keys to Bain necessary access as required by the chief.
Division III
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION, LIFE-SAFETY SYSTEMS'AND
APPLIANCES
Installation
Sec 10.301.(a)Type Required.The chief shall designate the type and number
of fire appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than private dwellings. This shall be done
according to the relative severity of probable fire. including the rapidity with
which it may spread.Such appliances shall be of a type suitable for the probable
class of fire associated with such building or premises and shall have approval of
the chief.
Portable fire extin_euishers shall be in accordance with U.F.C. Standard No.
10-I.
(b) Special ]Hazards. In occupancies of an especially hazardous nature or !
where special hazards exist in addition to the normal hazard of the occupancy.or
where access for fire apparatus is unduly difficult.additional safeguards may be
required consisting of additional fire appliance units. more than one type of
appliance,or special systems suitable for the protection of the hazard involved.
Such devices or appliances may consist of automatic fire alarm systems.automat-
ic sprinkler or water spray systems. standpipe and hose. fixed or portable fire
extinguishers, suitable asbestos blankets. breathing apparatus. manual or auto-
matic covers. carbon dioxide. foam. halogenated and dry chemical or other I
special circ-extinguishing systems. %%'here such systems arc installed.they shall
be in accordance with the applicable uniform Fire Code Standards or standards of
the National Fire Protection Association when uniform Fire Code Standards do i
not apply. t
(c) Water Supply. An approved water supply capable of supplying rcqutred
fire flow for ire protection shall be provided to all premises upon which buildings
or portions of buildings are hereafter constructed. «ten any portion of the
building protected is in excess of 150 feet from a water supply on a public street.
there shall be provided. when rcqutred by the chief. on-site fire hydrants and
mains capable of supplying the required fire flow.
A'ater supply may consist of reservoirs.pressure tanks.elevated tanks.water
mains or other fixed system capable of supplying the required fire flow.In setting
the requirements for fire flow.the chief may be guided by the standard published
41
3
10.301.10.303 UNIFORM FIRE CODE
by the Insurance Services Office. "Guide for Determination of Required Fire
Flow. '
The location. numhcr and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street
oron the site of the premises tobc protected as required and approved by the chief.
All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.307.
(d)Timing of Installation.When fire protection facilities are to be installed by
the developer.such facilities including all surface access roads shall be installed
and made serviceable prior to and during the time of construction.Allen alternate
methods of protection.as approved by the chief.are provided.the above may be
modified or waived.
(c)Approval and Testing.All fire alarm systents.fire hydrant systems.fire-
cxtincuishing systems(including automatic sprinklers). wet and dry standpipes.
basement inlet pipes. and other fire-protcction systems and pertincnts thereto
shall meet the approval of the fire department as to installation and location and
shall be subject to such periodic tests as required by the chief. Plans and
specifications shall be submitted to the fire department for review and approval
prior to construction.
Maintenance
Sec. 10.302.(a)General.All sprinkler systems.fire hydrant systems.Stand-
pipe systems. fire alarm systems. portable fire extinguishers. smoke and heat
ventilators. smoke-removal systems and other tire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where deTective.Fire-protective or extinguishing
systems coverage.spacing and specifications shall be maintained in accordance
with recorntzed standards at all times.Such systems shall be extended.altered or
I augmented as necessary to maintain and continue protection whenever any
building,so equinpc d is altered.remodeled or added to. All additions, repairs.
alterations and servicing shall be in accordance with recognized standards.
EXCEPTION: Systems not required by this or any other code need not be
extended.alterea nor augmented.
Soda-acid.foam.loaded stream.antifreeze and water fire extinguishers of the
inverting types shall not be recharged or placed in service for fire protection use.
(b)Systems in High-rise Buildings.The buildine owner shall be responsible
for assunne that the fire and life safety systems required by Sections 1307 and
1907 of the teniform Buildine Code shall be maintained in an operable condition
at all times. finless otherwise required by the chief. quarterly tests of such
systems shall be conducted by qualified persons approved by the chief.A written
record shall be maintained and be made available to the inspection authority.
Vapor Liquid and Liquefied Gas Extinguishers
Sec. 10.303.(a)Prohibited Types.Vaporizing liquid extinguishers containing
carbon tetrachloride or chlorobromomcthane shall not be installed or used to any
location for fire protection use.
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