HomeMy WebLinkAboutT-4480 - Agreement/Covenant - 6/29/2006 P.W. File No. 9385 Public Works Department
UGM No.479 City of Fresno
SUBDIVISION AGREEMENT
Tract No.4480
Phase I of Tentative Tract No.4480
THIS AGREEMENT is made this. day of /G!1!P , 19-2-�,by and
between the CITY OF FRESNO, a Municipal Corporation,hereinafter designated and called the
"City," and REGENCY-WILSON V,a California Limited Partnership, 1233 West Shaw Avenue,
Suite 105, Fresno, California,93711,hereinafter designated and called the "Subdivider," without
regard for number or gender.
RECITALS
1. The Subdivider has presented to the City a certain final map of a proposed subdivision of
land owned by the Subdivider and located within the corporate limits of the City, and known and
described as Tract No. 4480AJGM 479, Phase I of Tentative Tract No.4480, 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
in hereinafter specified.
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Subdivision Agreement
Tract No.4480/UGM 479
Phase I of Tentative Tract No.4480
Page 2
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.
4. The Developer desires to construct the improvements and develop the.subdivision.
5. 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.
6. All such instruments of subordination,if any, are attached hereto and made a part of this
instrument.
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:
7. The Subdivider shall perform the work and improvements hereinafter specified on or before
July 31, 1995, except the sidewalk construction and lot corner monumentation which shall be
completed upon construction of the residential dwellings in Tract No.4480/UGM 479 but no later than
July 31, 1996, to the satisfaction of the Director of Public Works and/or the City Engineer of the City
as provided by Code. The Subdivision lot and buffer trees shall be planted by July 31, 1996,or upon
occupancy of each individual dwelling,whichever occurs fust. to the satisfaction of the director of the
City Parks Department as provided by code. Issuance of building permits for any structure within the
subdivision shall conform to the requirements of the Uniform Fire Code (UFC). The Subdivider's
Subdivision Agreement
Tract No.4480/UGM 479
Phase I of Tentative Tract No.4480
Page 3
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. 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 Director of
Public Works shall give the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
8. 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.
9. The work and improvements are as follows:
a. Construct all landmarks,monuments and lot comers 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.
Subdivision Agreement
Tract No. 4480/UGM 479
Phase I of Tentative Tract No. 4480
Page 4
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.
Section 12-1011(h) of the City of Fresno Municipal Code requires the undergrounding of
overhead utilities within the subdivision. Completion of all undergrounding of overhead utilities
will be required by Construction Management prior to release of securities. -
C. Water main extensions and services including construction of a water supply well at
Well Site No. 168 with well head treatment facilities 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-12676. The amounts identified
(in the Early Sewer, Water and Storm Sewer Agreement, dated November 24, 1993)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 install landscaping
and an irrigation system in a 10-foot landscape easement along the East Behymer Avenue
frontage and 10-foot landscape easement and right-of-way with median island along the
East Saint Andrew Drive frontages of the subdivision. The Subdivider has executed a covenant
with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a
Maintenance District has been formed to provide for continued care and maintenance of the
required landscaping. The Subdivider also agrees to sign a petition asking the Council to include
this Tract in the existing District.
Subdivision Agreement
Tract No.4480/UGM 479
Phase I of Tentative Tract No.4480
Page 5
Prior to planting any street trees in the subdivision,the Subdivider agrees to submit a detailed
landscaping plan for the above said landscape easements,right-of-ways and median islands of
subdivision to the City Parks Department for approval. The plan shall include the types,location,
and number of trees 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.
j. Perform and construct all work shown on the following referenced plans (City
Drawing Nos: On-Site, 10-C-6574 through 10-C-6587 with Water Job No.4082(14 sheets)
inclusive;4-C-286 through 4-C-288 (3 sheets) inclusive; and 15-C-8415 through 15-C-8428 (14
sheets) inclusive. Fresno Metropolitan Flood Control Districts Drawings Nos. BZ-3-1 through
BZ-3-2(2 sheets) inclusive], unless specifically omitted herein.
k. Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the
construction plans.
1. The Subdivider has deposited with the City the sum of Four Hundred Five Thousand
Eight Hundred Eighty-One and 98/100 Dollars($405,881.98)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 part of this agreement in attached Exhibit "B." -
10. 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.
a. The Subdivider allocates lots 10, 11 and 12 for use as temporary facilities to alleviate the
flooding and drainage problem anticipated to be caused by this subdivision and its improvements
until such time as the City,through its Public Works Director, releases in writing such lots from
such use. The Subdivider shall improve such facilities pursuant to City approved construction
plans and,upon completion of such improvements, the City is permitted to enter such lots and
shall maintain such facilities until such written release is issued.
The Subdivider shall not commence any backfilling operation of the temporary facilities
unless the Public Works Director so authorizes in writing. The Subdivider agrees that the City
may deny issuance of any building permit relating to such lots until the City issues its written
release.
No written release shall be issued unless the City Engineer is satisfied that all temporary
facilities have been backfilled and compacted properly and all temporary drainage structures,
such as inlets, outlets,pipes, and similar structures,have been plugged, removed, and disposed of
in accordance with the Standard Specifications of the-City.
Subdivision Agreement
Tract No. 4480/UGM 479
Phase I of Tentative Tract No.4480
Page 6
11. 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.
12. 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 One Million Two Hundred Fifty Thousand and
00/100 Dollars ($1,250,000.00), which is equal to 100% of the total estimated cost of the work
required. Five percent(5%) of said amount, Sixty-Two Thousand Five Hundred and 00/100
Dollars ($62,500.00), shall be cash or a Certificate of Deposit; the remaining 95%, One Million
One Hundred Eighty-Seven Thousand Five Hundred and 00/100 Dollars ($1,187,500.00) 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 Six Hundred Twenty-Five Thousand and 00/100
Dollars ($625,000.00),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. Any and all other improvement security as required by Fresno Municipal Code,
Section 12-1016.
13. On acceptance of the required work, warranty security shall be furnished to or retained by
the City, in the amount of Eleven Thousand Seven Hundred Fifty and 00/100 Dollars ($11,750.00),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
Subdivision Agreement
Tract No. 4480/ JGM 479
Phase I of Tentative Tract No.4480
Page 7
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.
14. This Agreement shall in no way be construed as a grant by the City of any rights to Owner
to trespass upon land rightfully in the possession of,or owned by, another, whether such land be
privately or publicly owned.
15. 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, 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.
16. 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.
Subdivision Agreement
Tract No.4480/UGM 479
Phase I of Tentative Tract No.4480
Page 8
17. 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.
18. Initial soils compaction testing for public utility improvement work within the right-of-way
shall be ordered by and paid for by the City of 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 Specifications shall
at all times remain under the control and direction of the City Engineer who shall determine locations
and depths to be tested. Any compaction tests failing to meet the City's requirements shall be
reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests
and any required retesting due to failures shall be made directly to the Subdivider or his agent.
19. The Subdivider shall comply with Street, Plumbing,Building,Electrical,Zoning Codes and
any other codes of the City.
20. 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.4480/UGM 479
Phase I of Tentative Tract No.4480
Page 9
21. 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.
22. 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.
23. 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 fust 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
Subdivision Agreement
Tract No. 4480/UGM 479
Phase I of Tentative Tract No. 4480
Page 10
provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any
time thereafter fail to maintain adequate dust control,the City Engineer may,without further notice of
any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to
eliminate the scattering of dust, by equipment and personnel of City or by contract as the City
Engineer shall determine, and the Subdivider agrees to pay to City forthwith,upon receipt of billing
therefor,the entire cost to City of such sprinkling or oiling. When the surfacing on any existing street
is disturbed,this surfacing shall be replaced with temporary or permanent surfacing within fourteen
(14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times
between the commencement and final completion, and adequate dust control shall be maintained
during these operations.
24. 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.
25. 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.
26. 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.
Subdivision Agreement
Tract No. 4480/UGM 479
Phase I of Tentative Tract No.4480
Page 11
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
REGENCY-WILSON V, a California
RAYMOND G. SALAZAR,DIRECTOR Limited Partnership
PUBLIC WORKS DEPARTMENT
By: Leo Wilson Co.,Inc.,a Califomia
Corporation General Partner
ATTEST:
By:
JACQUELINE L. RYLE A. ikon, President
CITY CLERK
By L'v � A /g '
Depulry
APPROVED AS TO FORM:
JOU H
C7Atto�m y
(Attach Notary Acknowledgment)
B
LR:nfm:crm:LAND341/+5377
61.191.77-1,89
Revised: 05/16/94
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Subdivision Agreement
Tract No.4480/UGM 479
Phase I of'Tentative Tract No.4480
Page 12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No srs
State of California OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Fresno Though stanza does not mwins 1M Nowy to
fill in the data below,doing so may prove
invaknbls to persons relytrg on Ihs docurnsrt
On 5/23/94 before me, Patricia A. Bigler 0INDIVIDUAL
DATE NAW TnIE OF OFFICER-E-G..*ANE DOE.NOTARY PUBLIC
CORPORATE OFFICER(S)
personally appeared Leo A. Wilson
NAME(S)OF SIGNER(S)
[;personally known to me-OR-El proved to me on the basis of satisfactory evidenceARTNER(s) LIMITED
to be the person(s) whose name(s) is/are 0 GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized 0 GUARDIAN/CONSERVATOR
capacity(ies), and that by his/her/their 0 OTHER:
signature(s) on the instrument the person(s),
PATRICIA A. BIXLER or the entity upon behalf of which the
COMM. X988384 person(s)acted, executed the instrument.
31
NOTARY PUBLIC-CALIFORNIA W SIGNER IS REPRESENTING:
FRESNO COUNTY "' WITNESS my hand and official seal. NAME OF PERSON(s)OR ENTITY(ES)
My Comm.Expires March 18,1997
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent hsudulent reattachment of this term SIGNER(S)OTHER THAN NAMED ABOVE
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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-EXTINGUISHING 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 "A" 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 "All 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
Sec. 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 "All
PAGE 4
1991 UNIFORM FIRE CODE
Key Boxes
Sec. 10.302. When access to or within a structure or an area is unduly difficult because
of secured openings or where immediate access is necessary for life-saving or firefighting
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 necessary
access as required by the chief.
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 between
two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at least
6 inches high on a white background. Warning signs shall be easily discernible from the outside
of the building. Door and window openings on such shaftways from the interior of the building
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 the construction of the
partition surrounding the shaftway is of such distinctive nature as to make its purpose evident
at a glance.
Exterior Doors
Sec. 10.304. (a) Obstruction and Elimination. Exterior doors or their function shall
not be eliminated without prior approval by the chief. Exterior doors which have 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
See. 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
See. 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 IL
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
See. 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 requiied 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
P.W. No. 9385
Tract No.4480
Phase I of Tentative Tract No.4480
EXHIBIT B
(1) Inspection Fees $18,294.38
(2) Monument Check Fee
113 Lots @ $30.00/Lot $3,390.00
(3) Intersection Signing, 16 @ $165.00/Ea $2,640.00
(4) Traffic Regulatory and Warning Signing,
13 @ $73.00/Ea $949.00
(5) Street Trees
(City planted lot street trees to be maintained by
the lot owners)
200 Street Trees @ $90.00/Tree $18,000.00
Street Tree Field Inspection Fee $134.00
(Privately planted buffer street trees to be
maintained by the City Landscape and Lighting
Maintenance District No. 1)
(6) Sanitary Sewer Connection Charge $80,117.00
(a) Trunk Sewer Charge
Hemdon Trunk Sewer Service Area
113 Units @ $709.00/unit $80,117.00
(b) Oversize Charge
40.77 Ac @ $240.00/Ac $9,784.80
Less Oversize Credits: @ 37.78%
of$148,266.00 [$56,014.89]
Net Charge $-0-
Paid with proportional
share of credit
Total Sewer Connection Charge $80,117.00
(7) Water Connection Charges $214,697.67
(a) Tap Charge
(Service Connections)
East Behymer Avenue and East Saint Andrew Drive
Buffer and Median Island Landscaping
2-1" Meters @ $275.00/EA $550.00
P.W.No. 9385
Tract No. 4480
Phase I of Tentative Tract No. 4480
Page 2
Lots: 12, 13, 31, 71-78 and 81-105
36-1.5" Meters @ $445.00/Ea $16,020.00
All Other Lots:
77-1" Meters @ $275.00/Ea $21,175.00
(b) Frontage Charge
East Behymer Avenue
340.0 LF @ $3.25/LF $1,105.00
(c) Fire Hydrant Charge (Zone District R-1/UGM)
1,393,693.0 SF @ $0.75/100 SF $10,452.70
(d) UGM Water Well Supply Charge
(Supply Well No. 101-5)
40.77 Ac @ $1,836.00/Ac $74,853.72
(e) Water Construction Charge
113 Lots @ $1.25 /Lot $141.25
(f) Well Head Treatment Fees
Units by: Living Units
Woodward Park Well Head
Treatment Service Area
113 units @ $535.00/Unit $60,455.00
(g) Recharge Fees
Units by: Living Units
Woodward Park Recharge Service Area
113 units @ $265.00/Unit $29,945.00
(h) Transmission Grid Main Charge -
Present Credit
40.77 Ac @ $560.00/Ac $22,831.20
Less TGM Credits: 37.78% of
$133,548.50 [$50,454.62]
Net Charge $-0-
Paid with proportional
share of credit
Total Water Connection Charges $214.697.67
EXHIBIT B
e
P.W.No. 9385
Tract No. 4480
Phase I of Tentative Tract No.4480
Page 3
(8) UGM Major Street Charge (Zone F) $11,821.00
40.39 Ac @ $2,500.00/Ac. $100,975.00
Less Major Street Credit [$89,154.00]
Net Major Street Charge $11,821.00
(9) UGM Major Street Bridge Charge (Zone F)
40.39 Ac @ $50.00/Ac $2,019.50
(10) UGM Traffic Signal Charge
40.39 Ac @ $860.00/Ac $34,735.40
(11) Landscape Maintenance District Fee $13,671.77
(12) North Friant Road Widening Fee
40.39 net acres @ $134/acre - $5,412.26
TOTAL FEES AND CHARGES $405.881.98
ESTIMATED FEE DEFERRALS for information only)
(a) Major Facilities Sewer Charge and
Wastewater Facilities Charge (when
applicable), are to be paid at the then
current rate in effect at the time of
issuance of building permit.
(b) UGM Fire Station Fees
Deferred by Covenant
Service Area No. 21
Zone District R-1/UGM
40.77 Ac @ $1,388.00/Ac $56,588.76
(c) UGM Neighborhood Patio Fees
Deferred by Covenant
Service Area No.7
Zone District R-1/UGM
40.77 Ac @ $1,690.00/Ac $68,901.30
LR:cmi
LAND341/+5377
EXHIBIT B
Tract No.448/UGM 479
P.W.File No. 9385
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on /lilies 7 . OIL, in the office of the Fresno County
Recorder in Book, .Page Document No.`?476 of
which the Deed of Trust in by and between Regency-Wilson V., A California Limited as
Parmership
Trustor, Commerce Securities Corporation , as Trustee, and Bank of Fresno as
Beneficiary,hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for Tract No.4480/UGM 479, Phase I of Tentative Tract No.4480.
DATED: May 24, 19_.!14
OF FRESNO
N Z. De r Asstrpo ate Secret
James D. ton, or ice President
(Attach Notary Acknowledgement)
LR:nfm
LAND431/+5377
GL19 L90
Tract No.448/UGM 479
P.W. File No. 9385
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on / 27 , 19-22L. in the office of the Fresno County
Recorder in Book Page Document No.94-oe96 76of
which the Deed of Trust in by and between_Regency-Wilson V., A California Limited as
Partnership
Trustor. Commerce Securities Corporation as Trustee, and Bank of Fresno V as
Beneficiary.hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for Tract No.4480/UGM 479.Phase I of Tentative Tract No.4480.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.
State of California OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of FresnO Though OWN does not require the NoWyID
till in the data below,doing so may prow
On may 24, 1994 before me, Patricia D. McConnico invaluable to persons nilying on ft d0QxnwL
DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC 0 INDIVIDUAL
Nancy K. Decker and James D. Hamilton ❑CORPORATE OFFICER(S)
personally appeared ,
NAME(S)OF SIGNER(S) TITLE(S)
®personally known to me-OR-❑proved to me on the basis of satisfactory evidence ❑PARTNER(S) 0 LIMITED
to be the person(s) whose name(s) is/are 0 GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that he/she/they executed 0 TRUSTEE(S)
PATRICIA D.MC CONNICO the same in his/her/their authorized 0GUARDIANICONSERVATOR
COMM i986M capacity(ies), and that by his/her/their 0OTHER:
'•' NOc'i,PuWc—Cc*(=. signature(s) on the instrument the person(s),
RZESNOCOUNTY
My comm.Evpir.a F®2Q 1997 or the entity upon behalf of which the
person(s)acted,executed the instrument.
SIGNER IS REPRESENTING:
W my hand and official seal. NME OF PERSON(S)OR ENTITY(IEb7
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
could the data P� jmM two is not �� SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Rertnret Ave.,P.O.Box 7184•Carapa Park CA t)ttl09