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HomeMy WebLinkAboutT-4473 - Agreement/Covenant - 6/30/2006 s 7 SUBDIVISION AGREEMENT City of LMcit+L■ rW-I W -. . PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4473 Phase I of Tentative Tract No. 4473 P.W. File No. 9397 UGM No. 531 THIS AGREEMENT is made this 27 day of FCaV-u A,e- , 191 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and BUTLER/ROCCA I. a California Limited Partnership, 4203 West Alamos Avenue, Suite 101, Fresno, California, 93711, hereinafter designated and called the "Subdivider," without regard for number or Gender. Subdivision Agreement Tract No. 4473/UGM 531 Page 2 RECiTAI A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Owner and located within the corporate limits of the City, and known and described as Tract No. 4473/UGM 531, said Owner 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.' B. 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. C. 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 tune hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to construct the improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument. F. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. I' 1 Subdivision Agreement Tract No. 4473/UGM 531 Page 3 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: 1. The Subdivider shall: a. Perform the work and improvements hereinafter specified on or before March 31, 1996 b. Sidewalk construction shall be completed no later than March 31, 1997 C. Lot corner monumentation which shall be completed upon construction of the residential dwellings in but no later than March 31, 1997 to the satisfaction of the Director of Public Works and/or the City Engineer of the City as provided by Code. C. Lot and buffer trees shall be planted by March 31, 1997, or upon occupancy of each individual dwelling, whichever occurs first, to the satisfaction of the director of the City Parks Recreation and Community Services Department as provided by code. d. Issuance of building permits for any structure within the subdivision shall conform to the requirements of the Uniform Fire Code (UFC). The Subdivider's attention is particularly called to UFC Sections 10.105(c), 10.201, 10.401, 10.402, 10.403, and 10.502 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 with approved streetlighting on line and operational. 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. s Subdivision Agreement Tract No. 4473/UGM 531 Page 4 e. 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. Extension of time for completion of improvements (including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Dire W of Public Works shall give the Subdivider written notice of his d -minadon in writing, which shall be final and 'conclusive. 2. 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. 3. 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 Nos. 78-522 and 88-229 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. Subdivision Agreement Tract No. 4473/UGM 531 Page 5 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-14182. 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. i. As a condition of final map approval, the subdivider is required to submit plans and profiles for sewer, water, storm sewer, street, street safety lighting, and street lighting. Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal code, the subdivider has posted security for the required improvement plans and profiles to be approved by the City Engineer. The subdivider agrees that, in the event the required plans and profiles have not been submitted by the developer to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the securities posted to cause the preparation of the required sewer, water, sewer lift station with force main, storm sewer, street, street safety lighting and street lighting plans and profiles. j. As a condition of final map approval the subdivider is required to install landscaping and an irrigation system in a 10-foot landscape easement along the rear and side property lines of all lots which back-onto or side-onto the North Polk Avenue frontage of the i r Subdivision Agreement Tract No. 4473/UGM 531 Page 6 subdivision. The Owner 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 Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. k. As a condition of final map approval, the Subdivider is required to pay a street tree fee in accordance with the master fee resolution. In lieu of paying the street tree feet the Subdivider has accepted responsibility for the buffer street tree planting and has posted performance security. tree planting and maintenance by the Subdivider until the City accepts the required buffer street trees for maintenance purposes. Prior to planting any street trees in the subdivision, the Subdivider,agrees to submit a detailed landscaping plan for the landscape easements, right of ways of the subdivision.W the City Parks `Department for approval. The plae shall include the types, locatioh,.add'-MzOM tress and show all landscaping proposed-for planting on public and/or City controlled property. The Subdivider agrees that the City shall not be obligated to accept; any tree for maintenance purposes which is not included in the approved landscaping plan. 1. Perform and construct all work shown on the following referenced plans (City Drawing Nos: 10-C-6951 through 10-C-6959 with Water Job No. 4263 (9 sheets) inclusive; 15-C-8998 through 15-C-9014 (17 sheets) inclusive; 4-C-404 (1 sheet) inclusive, Fresno Metropolitan Flood Control District Drawing No. AK-21-1 through AK-21-3 (3 sheets) inclusive, unless specifically omitted herein. In. 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 One Hundred Ninety-Two Thousand Fifty-Two and 58/100 Dollars (S 192,052.58) for the total subdivision fee and charge obligations as a condition of final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit "B." 4. 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 consftc ion 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 Subdivision Agreement Tract No. 4473/UGM 531 Page 7 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. 5. 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 Nine Hundred Twenty Thousand and 00/100 Dollars ($ 920,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Forty-Six Thousand and 00/100 ($ 46,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, Eight Hundred Seventy-Four Thousand and 00/100 Dollars ($ 874,000.00) shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and b. Payment security in the sum of Four Hundred Sixty Thousand and 00/100 Dollars ($ 460,000.00), 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. .Performance security in the sum of Nine Hundred and 00/100 Dollars ($ 900.00), which is equal to 100% of the total estimated cost of buffer street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. d. Performance security in the sum of Nine Thousand Three Hundred and 00/100 Dollars ($ 9,300.00), which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. Subdivision Agreement Tract No. 4473/UGM 531 Page 8 e. Performance security in the sum of Eighteen Thousand Two Hundred and 00/100 Dollars ($ 18,200.00) which is equal to 100% of the total estimated cost of the preparation of sewer, water and storm sewer improvement plans and profiles required. One hundred per+c o (100%) of said amount shall be cash or a Certificate of Deposit, all leo be conditioned upon the faithful performance of this agreement. d. Performance security in the sum of Thirty-Two Thousand One Hundred and 00/100 Dollars ($ 32,100.00), which is equal to 100% of the total estimated cost of the preparation of street, street safety lighting, and street lighting improvement plans and profiles required. One hundred percent (100%) of said amount shall be cash or Certificate of Deposit all to be conditioned upon the faithful performance of this agreement. f. Performance security in the sum of Two Thousand Four Hundred and 00/10D Dollars ($ 2,400.00), which is equal to 100% of the total estimated cost of the preparation of Landscaping/Irrigation and wall improvement plans required. One hundred percent (100%),of said amount shall be cash or Certificate of Deposit, all to be conditioned upon the fai hful performance of this agreement e. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall,be furnished to or retained by the City, in the amount of Ten Thousand. One Hundred and 00/100 'Dollars ($ 10,100.00), 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. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 8. 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 Subdivision Agreement Tract No. 4473/UGM 531 Page 9 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, defend, 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 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. 9. 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. 10. 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. Subdivision Agreement Tract No. 4473/UGM 531 Page 10 11. Initial soils compaction testing for public utility improvement work within tie right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines.. All other compaction 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 Specific stkoa 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 reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility bests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. 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. Subdivision Agreement Tract No. 4473/UGM 531 Page 11 14. 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. 15. 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. 16. 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 an approved dust palliative 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 j Subdivision Agreement Tract No. 4473/UGM 531 Page 12 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 twentyfour (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof,as hamn 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 A 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 treated. 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 thele operations. 16. 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. 17. 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. Subdivision Agreement Tract No. 4473/UGM 531 Page 13 18. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Owner or Developer 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 BUTLER/ROCCA I, a California Limited Partnership RAYMOND G. SALAZAR, DIRECTOR PUBLIC WORKS DEPARTMENT By: Thomas R. Butler, Inc., a California Corporation, as General Partner ATTEST: Thomas R. Butler, President JACQUELINE L. RYLE CITY CLERK By Deputy APPROVED AS TO FORM: CA - O Y (Attach Notary Acknowledgment) Acting ity A y Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - Ne=07 State of California County of Fresno On Febnm y 27, 1995 before me, the undersigned , DATE NAME.TITLE OF OFFlCER•E.G..: k OOE.NOTARY K LIC personally appeared 'ihcmns R. Butler NAWS10F SIGNER1s1 ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that heilshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ID. FRE1f person(s) acted, executed the instrument. mFM 001"9 I g� WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER mLEMl TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED !' ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) } Z1 ❑ GUARDIAN/CONSERVATOR f ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(Sl OR ENTITY(IES SIGNER(S)OTHER THAN NAMED ABOVE r. i 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O,Boz 7184-Canoga Park.CA 91309.718: Subdivision Agreement Tract No. 4473/UGM 531 Page 14 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On 7Wa4,cJL 9 , 1995 before me, personally appeared cw on d.- . personally known to me (or provided to me on the basis of satisfactory evidence) to be the per ns(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By 0, ,A-t;j= %r� DE TY 1991 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR FIRE SAFETY ARTICLE 10 FIRE PROTECTION Division GENERAL Scope Sec. 10.101. Fire protection shall be in accordance with this article. Definitions Sec. 10.102. For definitions of AUTOMATIC FIRE-EXTINGIJISKT jQ SYSTEM, FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see Article 9. Permits Sec. 10.103. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 4.108. EXCEPTION: A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. Tampering with Fire-protection Equipment and Site Barriers Sec. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances belonging to or under the supervision and control of the fire department shall not be molested, tampered with, damaged or otherwise disturbed unless authorized by the chief, (b) Fire Hydrants and Fire Appliances. Fire hydrants and fire appliances required by this code to be installed or maintained shall not be removed, tampered with or otherwise disturbed except for the purpose of extinguishing fire, training, recharging, or making necessary repairs, or when allowed by the fire department. When a fire appliance is removed as herein allowed, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. (c) Site Barriers. Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXHIBIT "Avg PAGE 1 1991 UNIFORM FIRE CODE -- - EXCEPTION: When authorized by the chief or performed by public officers acting, within their scope of duty. Obstruction, Identification and Protection of Fire Hydrants and Fire- protection Equipment Sec. 10.105. (a) Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or things shall not be placed or kept near fire hydrants, fire department inlet connections or fire-protection system control valves in a manner that would prevent such equipment or fire hydrants from being, immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to Fire-protection equipment or hydrants. A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved by the chief. (b) Identification. Fire-protection equipment and fire hydrants shall be clearly identified in a mariner approved by the chief to prevent obstruction by parking and other obstructions. (c) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. (d) Protection of Fire Hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. Closure of Accessways Sec. 10.106. (a) General. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, crates and barricades shall be secured in an approved manner. When required to be secured, roads, trails and other accessways shall not be used unless authorized by the owner and the chief. (b) Trespassing. Trespassing upon roads, trails and other accessways which have been closed and obstructed in the manner prescribed by this section is prohibited. EXCEPTION: Persons authorized by the chief and public officers acting within their scope of duty. (c) Obstruction. Vehicles shall not be parked in a manner which obstructs the entrance to roads, trails or other accessways which have been closed and obstructed in the manner prescribed by this section. Fire Protection in Mobile Home and Recreational Vehicle Parks Sec. 10.107. Mobile home and recreational vehicle parks shall provide and maintain fire hydrants and access roads in accordance with Divisions II and IV. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. EXHIBIT "A" PAGE 2 1991 UNIFORM FIRE CODE Division II FIRE APPARATUS ACCESS ROADS General Sec. 10.201. Fire apparatus access roads shall be provided and maintained in accordance with this division. Plans .. Sec. 10.202. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Required Access Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building, is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified by the chief. 2. When access roads cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require addi- tional fire protection as specified in Section 10.501 (b). 3. When there are not more than two Group R, Division 3, or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 81.109 (a). For open yard storage, see Section 30.102. For hazardous materials, see Article 80. For fire safety during construction, alteration or demolition of a building, see Section 87.103 (b). EXHIBIT "A" PAGE 3 -- - 1991 UNIFORM FIRE CODE Specifications Sec. 10.204. (a) Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Upon approval by the chief, vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. Vertical clearances or widths shall be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. (b) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (c) Turning Radius. The minimum radius of a fire apparatus access road shall be as approved by the chief. (d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (e) Bridges. When 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 shall use designed live loading sufficient to carry the imposed loads of fire apparatus. (f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Obstruction Sec. 10.205. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. Marking See. 10.206. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. Division III FIRE DEPARTMENT ACCESS TO BUILDINGS Premises identification Sec. 10.301. (a) General. Approved numbers or addresses shall be placed on all new and existing buildings in such as position as to be plainly visible and legible from the street or road fronting, the property. Said numbers shall contrast with their background. (b) Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. EXHIBIT "A„ PAGE 4 1991 UNIFORM FIRE CODE Key Boxes See. 10.302. When access to or within a structure or an area is unduly difficult because of secured openings or when immediate access is necessary for life-saving or fi mfighting purposes, the chief is authorized to 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 keys to contain neoessary access as required by the chief. I Shaftway Marking Sec. 10-303. Exterior windows in buildings used for manufacturing or for storage on shaftways or other vertical Means of storage purposes which open dire communication betvwee two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at Kant 6 inches high on a white background. Warning signs shall be easily disoerni6le from the outside of the building. Door and window openings on such shaftways from the int�r:or of the hdidin$ shall be similarly marked with the word SHAFTWAY in a manner which!is easily visible to anyone approaching the shaftway from the interior of the building, unless they duction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance. Exterior Doors See. 10.304. (a) Obstruction and Elimination. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors whichhave been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch wide and at least 6 inches high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Article 12 for exit doors. (b) Access Doors and Openings. For firefighting purposes, access doors, openings and exit doors shall be provided and readily accessible in occupancies as required by the Building., Code. For access doors for high-piled combustible storage, see Section 81.109 (b). Floor Openings Sec. 10.305. Floor openings shall be surrounded by guardrails as set'forth in the Building Code or shall have covers which are automatic closing or maintained in a closed position at all times. Division IV WATER SUPPLIES FOR FIRE PROTECTION General Sec. 10.401. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are here after constructed or moved into or within the jurisdiction. When any portion EXHIBIT "A" PAGE 5 1991 UNIFORM FIRE CODE of the facility or building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior or of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the chief. Type of Water Supply Sec. 10.402. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, the chief may be guided by the provision in Appendix M-A. Fire Hydrants Sec. 10.403. 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 or both to be protected as required and approved by the chief. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Division H. For fire safety during construction, alteration or demolition of a building, we Section 87.103 (c). Division V INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS General Sec. 10.501. (a) Type Required. The chief is authorized to designate the type and number of fire appliances to be installed and maintained in and upon all building,s and premises in the jurisdiction other than private dwellings. This designation shall be based upon 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. (b) Special Hazards. For 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, the chief is authorized to require additional safeguards 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, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable fire blankets, g apparatus, manual or automatic covers, carbon dioxide, foam, halogenated or dry chemical or other special fire extinguishing systems. Where such systems are provided, they shall be designed and installed in accordance with the applicable Uniform Fire Code Standards. (c) Buildings under Construction. Fire-protection equipment and systems shall be installed and maintained in buildings under construction in accordance with Article 87. EXHIBIT "A„ PAGE 6 1991 UNIFORM FIRE CODE Timing of installation Sec. 10.502. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. EXCEPTION: When alternate methods of protection, as approved by the chief. are provided, the above may be modified or waived. EXHIBIT "A" PAGE 7 Tract No. 4473/UGM531 23-Feb-95 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. 4473 . ..._..... ._ .. PREPARED BY: Bill J Walls UGM No. 531 CHECKED BY: AlarT.;KawaTcanu P.W. FILE No. 9397 __._ _. .. ....__ ..._ _.. _._ _..__. TRACT NAME: ThoaswtIe'EstaEes:III GROSS ACREAGE 14.52 .................................... SUBDIVIDER(AS PER MAP) NET ACREAGE . 'i..._.. 7Q:: aUd&lRc�cs' ,s esllfarnia; amtted Par ershlp ADDRESS: 4203N, Alamos Aveane:: Fresnj0.California 93711 '; SUBDIVISION CALCULATION SHEET (Bonding Amounts) la. Water Construction Engineer's Estimate $7506.00' Adjustments $24,533:00 Adjusted Cost Estimate $100,219.00'`` 10% Fast Track Contingency $10,022.00 Total Cost Estimate $110,241.00 $110,241.00'' lb. Water Well Construction Construction Estimate $0.00' Water Well Head Treatment $0.00 Water Well Construction Subtotal Cost $0.00 10% Fast Track Contingency 50:00 Total Water Well Construction Cost Estimate $0.00' $0:00 page 1 EXHIBIT "B" Tw•No. 44731UGM531 23-Fa6r9S 2. Sewer Conshn edon Engineer's Estimate r Adjustments . T... . Adjusted Cost Estimate s'$a►s 10% Fast Track Contingency Total Sewer Construction Cost Estimate 1: ? ►.:::::.::::.::. .............:+ ....... 3. Street Construction Engineer's Estimate Adjustmisits Engineer's Estimate(UGM) E „ Adjustments(UGM) ><` E ' ., Storm Dein Construction8 #IE1M <{ Adjustments :E } Landscape, Fence and Irrigation Construction Perimeter Masonry Wall or Solid Fence Construction X40' LF 7. Ott: /LF X28►9a .0D Landscape/Imgation Construction I` ® : SIS,t)<,10'00 Ea ':�1�,Cat�•'Ot�:' Median Island Landscaping ® Ea Adjusted Cost Estimate3: 9,3T' : E-1 Type Electroliers 5: ® S3t)00.00'; Ea <?ZiS�f.00 E-2 Type Electroliers 15' ® S2,S00 00,. Ea 537�3q 0 Safety..Ushting:._ Adjusted Suva Estimate Subtotal 5579. ' ... .. .. .. . . ........... ...... 10% Fast Track Contingency Total Adjusted Street Estimate 5637.2$'T.OtI.: Page 2 EXHBIT W TractNo. 4473/UGM531 23-Feb-95 Total for ' Impedron Fee Calcrrlations(Subtotal for Bonding) 5827,699OQ:< INSPECTION FEE CALCULATIONS ....................................... ....................................... Total for Inspection Fee Calculations $21695 ....................................... ....................................... ....................................... 7% of First$10,000.00($300.00 min) _57410: ....................................... ....................................... 4% of next$490,000.00 19.8pQ ....................................... ....................................... ....................................... 2.5% of cost over$500,000.00 Total Inspection Fees _ «` 2$ 9248 ...................................... ....................................... ........ .... ....................... Subtotal for Construction Cost Bonding(Less Fast Track) S752..,45400, ..................................... ....................................... ...................................... Total Amount of Fast Track Contingencies 57514 W . ......... ........................ .. .................................... ..... ............................... SubTotal For Construction Cost Bonding(Including Fast Track) $8827,694 0( ..............__........ ..........----_ __. _._. _.......... Lot and Block Comers, 165'® $SO;UFI: Ea 58,25Q Ot! ....................................... ...................................... ...................................... SubTotal For Construction Cost Bonding x835, 9 00 ....... ............................. ..................................... ... ... .............................. ..................................... Construction Contingency $84;051 00. Total Estimated Construction Cost 5920,000.00;! TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION ................... ............. ... ..................... . ......... .... ................................. ... Total Inspection Fees 528,492.48 Total Estimated Construction Cost 5920,000.00' page 3 EXHIBIT "B" Tact No. 4473/UGM531 23-F" SECURITY CALCULATIONS Performance Security 100% of the Total Estimated Construction Cost ::$qMI 001 S% Security Deposit(Cash or C.D.) $46,Q00 b0 Performance-9596 $874lOtXlaDfl Payment Security Labor&Materials-5096 Warranty Security: 5% of First$50,000.00 3% of Next$50,000.00 I% of Next$400,000.00 4iQQt i l > 4' 1/2% of Costs Over$500,000.00 ! Total Amount to be Retained for Warranty PLAN PREPARATION SECURITY CALCULATIONS Sewer,Water and Storm Sewer Improvement Plans Total estimated cost of construction26Q*1d$.dl . 7% of the Total Estimated Construction Cost Security Amount Street, street safety lighting, and Street Lighting Improvement Pians Total estimated cost of construction $458,40 00. 7% of the Total Estimated Construction Cost $32,lOt?00'` - Security Amount Landscaping, Irrigation and Wall Improvement Plans Total estimated cost of construction $33 90p0. 7% of the Total Estimated Construction Cost $2i# 00;. - Security Amount page 4 EXHIBIT -8- Tact No. 4473/UGM531 23-Feb45 (A) SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of One Hundred Ninety Two Thousandfifty-Two and 58/100 Dollars (5 .5192,Q52.58: ) for the following: ....................................... ..................................... (1) Inspection Fees 528,492 48 (2) Monument Check Fee .............. .. . _..._.. ... ...... .. 64 LOTS ® 530 00 /LOT(Min$200.00) ;; 51,920 a0 (3) Intersection Signing, .............. 9: ® 5173.OE? ea $1,557 OQ. (4) Traffic Regulatory/Warning Signing, S77.00::::ea 51,540.DO (5) No Parking and Bike Lane Signing ® ea 50 00 (6) Street Trees City/Privately planted lot trees to be maintained by the lot owners. Trees® .$100.00 /Tree SO 00 Street Tree Inspection Fee(privately planted lot trees to be maintained by the lot owners. 93Trees®$ $25.00` /Tree $2,325.00 Street Tree Inspection Fee Required 1 (O=no 1=yes) $134.00. ..... . ..... ...... . . (7) FMFCD Drainage Fee Zone District AK 14.5167 : Ac ® S300.00:1: /Ac 02,9%.06'- (8) 52,986 00(8) Pond Maintenance Fee, SF /SF (9) Frontage Road Island Landscaping Fee, LF ® /LF $0.00 (10) Sewer Trench Water Compaction Charge, 3130); Cy ® $0.121 /CY 5379 00 page 5 EXHIBIT "B" Trict'No. "73/UGM531 23•Fi1z-9S 11 UGM Fire Station Fog •,.,:;.:;:.:; .. Sem m (Service ANo. (Zone District No. Ia } ;`:) Deferred.by Covenant :I (0-no 1=yes) Acres /Ac � .. *Fees Calculated for the Early Model Home Agreement lots. For lots: UGM Fire Station Fee Due with the map . ...... (12)UGM Park Fee, VA Service Area No. (Zone District No. =' # '[`' ><>>' ') Deferred by Covenant < (0=no '-yes) Acres Ac •Fees Calculated for the Early Model Home AQremamat lots. For lots: UGM Fire Park Fee Due with the mapE ` * The Fee Calculated for the Early Model Home Agreement is not deferrable (13)SanitmT Sewer Fees :,; ``'•<:+K •..� .�f., (a)L.aterai Charge LF !m Ci ./L,F4.14 S2,474rl .. LF !m :/L,F ., (b)Oversize Charge (UGM Iteimbursameat Am No. .. Ac Less Oversize Credits Less Overdepth Credits [ : Net Oversize Charge ,A , (c)Trunk Sewer Charge . . .............._..__... ...... . .................................. . ... Trunk Sewer Service Area 64 UNITS ® rS7E1# /UNIT . 410' (Note: Major Facilities Sewer Service Charge and Wastewater Facilities Gorge as to be paid as each lot is developed at the current rate.) Total Sewer Charges 542.99.W : page 6 EXHIBIT'B' 7r*ct„No. 4473/UGM531 23-Feb-95 (14)Water Charges ................... ...... ....... ... ............. ... ............... (a) "Wet-Tie” Charge : :w Soo..00 ; (Estimate No. 14182 ) (Water Job No. (b)Tap Charge(Service Connections) .... .. . 63: 1" METERS ® S32t?00 Ea. 520,16E3.OG 1 1-1/2" METERS® ; 547ff 00< Ea. $474 f10 2" METERS ® Ea. a .. .. 2-1/2" METERS( :. Ea. 50 OErr 1" SERVICES ® Ea. $ 00. 1-1/2"SERVICES( Ea. SO 00: _ .. Landscape Service Connections 1" METERS. ® Ea. Q,OtI i 1-1/2"METERS 5741 ., (c)Frontage .... . LF ® lI,F $0 OQ LF /LF (d)Fire Hydrant Charge .......................................... ......................................... .......................................... (Zone District _.............._ .._...... _..... ........... 44':1293 0 SF® 75; /100 SF $3,309 ?0 (e)Transmission Grid Main ..................... ......... .......................... ............................. (UGM Reimbursement Area No. g ) 14.52, AC ® 5560 00 /AC $8,131.20:> AC ® /AC $0:00 Less TGM Credits [ ($34,965.31): ] Net TGM Charge $0 00.. (f)UGM Well Development Charge ............................. ..................... . ... (Supply Well No. 14.52:: AC ® 51,042.00 /AC $15,129:84:: Less Well Credits Net Well Charge : 515,129,84 (g)Water Construction Charge 64.00:;LOTS ® 51.25 :/LOTS $80.00 page 7 ( EXHIBIT "B" TOCL140. "731UGM331 23-F", (h)(Well Head Treatment Fee Units by: ........................................ Well Head Tres tumt Service Area UNITS ® /UNIT 'Q Well HadTreatmnt Service UNITS ':/UNIT::>.......:....... .... ® `. ............................ .............. (i)Recharge Fee by: Units .....i:•iii\.}i:LNi:Lv!{!•}:{•i:b:...:.�i::v:•r.:iii::iiiiiii'Ji�iiii�!�� Rechow Service AreL :,Y:i:<}n'•'J�•',.i}.`�A•iR +i�i;::i:.:i::iiiii:'iii� :!.Ati:9t!:Y >:UNITS Recharge Service Area UNITS /UNIT Total Water Charges ...... �. < (0)UGM Major Street Charge; n Leas Major Street Credit [ j Net Major Street Charge This Zone (16)UGM Major Street Bridge ChargeAli ................................ (Zone I37 .; AC ® :` Q4` /ACS Leas Major Street Bridge Credit [ :J Net Major Street Bridge Charge SI,841�. _.................... ........... (17)UGM Traff9¢Signal Charge, 37Q AC ® X860 tIQ: /AC �1I►' Lasa Signal CreditXI Net Traffic Signal Charge K- tett (19)UGM Grade Separation Charge, (Service Area, Zone: :13.70::` AC ® x345 Q©:;/AC ,?26t' page 8 EXHIBIT 'B' Tract No. 4473/UGM531 23-Feb-95 (19)UGM At-Grade Railroad Crossing Fee, ................................. .............. ......... . . . ............... .. ......................... ... .. ....... .... ...... .... ............ . .......................... Service Area: AC . .® ....... /AC $0'.00 Service Area: AC ® /AC $0.00:: Less At-Grade Railroad Crossing Credit [ ] ..................... ...__..__. ....... ........._ Total UGM At-Grade RR-Xing Fee 00 <., (20) UGM Trunk Sewer Fee; (Service Area ) (Zone District ) 14 AC ® /ACfl 0f1 AC ® !AC 0(1 LOTS ® /LOT $k1Ot (21) Overlay Sewer Service Area 14.S2':AC ® /AC $0 fl0 ....................................... ....................................... ....................................... (22) UGM Major Street Right-0f--Way Acquisition Charge . ..................................... ........................... ........... (23) UGM Local Street Acquisition/Construction Charge (24) UGM Major Street Bridge Right-0f--Way Acquisition Charge ......... ............. . .. .......... ........... . ....... ................. ........................ .............. ......... . ............... .......... (25) UGM Right-0f--Way Reimbursement Charge ...... .............................. .............. .. ...... .......... (26) Landscape Maintenance District Fee .. ... ..... .... ............... A. Anticipated Maintenance Cost(Planter Areas) 10552 Sq. Ft. ® S0 23 /S.F52.426:96';: B. Anticipated Maintenance Cost(Median Island) Sq. Ft. C. Incidental Expenses(Legal fees, Publications,Mailings, Engineering) Assessment District Proceedings 64 Lots ® $5.00...:/Lot $350:00350.00 Min.) 52,776.96' (27) Private Irrigation Line Maintenance Fee LF ® /LF 50.00 ..... TOTAL FEES AND CHARGES 5192,052.5$ page 9 EXHIBIT W Tma No. 4473/UGM531 23-F" "f (B) FEE DEFEPJ AU (1) UGM Fm Station Fee ` ��.. :. .......:��' (Service Area No. 1G (Zone District No. R i/1+at ) Deferred by Covenant ;: 1 (O=no 1=yes) 14:52:. Acres ® $1.242 00,::/Ac 318,033a84:i *Fees Calculated for the Early Model Home Agreement lots. For lots: Net UGM Fire Station Fee Deferred . . 8 > (2)UGM Park Fee; (Service Area No. (Zone District No. Deferred by Covenant (0=no 1=yes) 14 ST::Acres ® ,234. 4 :/Ac SX • d ' *Fera Calculated for the Early Model Home Agreement lots. For lots: Net UGM Park Fee Deferred * The Fee Calculated for the Early Model Home Agreement is not deferrable (3)UGM Trunk Sewer Fee (Service Area No. ) (Zone District No. ) Deferred by Covenant (0=no layes) 14.52'; Ac® /AcQC . (4)Major Facilities Sewer Charge and Wastewater Charge Fee obligation to be paid at the rate in effect at the time of issuance of buildinj permit. QM04UsUMMN SPREADSHM . ......................... ......... . ... ........................... .. ........ ......................... . .. ...... .. ....................... ....... . ....................... ............ . ............ . ......... Pa33t QmO Dm NO. ItA" M NAME- P'r1471A WQ) VERSION 3.1 —0607/19P3 (added mw ditA to 2 pkas to d aiLW&) VERSION 3.2—OLW/IM (added UOM Well Dov.dwr-3.2) VERSION 3.7 —MINIM (Ravfrd and updoW to hopmatim and bmdleS ode's) VERSION 3.4—OWMIM (Revfrd Warr Cheers to hmduds laedemp SaeviosI VERSION 3.41— IW12/19P3 (Revimed has ft pe"d added omhW HOLoW VERSION 3.12- I IJ01/1990 (Rovkd UGM Pert ad Fes Pee CekuWhs for EMHA) VERMN 3.43- I IAO/19P3 (Added Mdlm blind L edrspe Calwtktiaes) VERSION 3.M— II/I6/IM (Revird sumer toe bee hop.2I>24 fieW imp.12P>131) ) VERSION 3.43— 12A9 IM (Revkd Cel PI67.1 R of om S 4AMO-00 adadrka.) VERSION 4.0—00/16/1994 (Revised to delft Peewee CmedlsFwe Reiaebteamsa) VERSION 4A1—06/19/199/ (Refoemard for%remo oe s Fabere['R'ako memoved ECA) VERSION 4.1 —00!31/1994 (Added vows mod no aasmrw and OVALUEO) VERSION/.2—06/16/1991 (Dek ad the D:awb*ell we) VERSION 43 — 11/30/1994 (Cormctd an error in td UGM perk fm ma) VERSION 4.3P— 12/14/1994 (Nero vetmim eddsd to aewtkr Am swains) page 10 EXHIBIT 'B'