HomeMy WebLinkAboutT-4514 - Agreement/Covenant - 8/18/2006 PLEASE CONFORM
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SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 9372 1-36 1 6
(209) 498-1602
TRACT NO. 4514
P.W. FILE No. 101 17
THIS AGREEMENT ,s made this ZS14 day of MAY
19�9 r , by and between the City of Fresno,a Municipal Corporation, hereinafter designated and
called the "City," and WESTCAL, INC., a California Corporation, P. O. Box 5178, Fresno,
California 93755-5178 hereinafter designated and called the "Subdivider," without regard for
number or Gender.
Subdivision Agreement
Tract No. 4514/UGM 542
Page 2
RECITALS
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. 4514/UGM 542, 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
time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the
City of Fresno.
D. The Subdivider desires to constructthe 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.
Subdivision Agreement
Tract No. 4514/UGM 542
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 Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before May 31, 2000, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before May 31, 2002, (The developer
may submit a written request to the Public Works Director for an extension
of time to complete the construction of the sidewalk and driveway
approaches).
C. The Lot comer monumentation shall be completed to the satisfaction of the
Director of Public Works as provided by Code, on or before May 31, 2000,
(The developer may submit a written request to the Public Works Director
for an extension of time to complete lot comer monumentation).
d. The Lot Street trees shall be planted by the City Parks, Recreation and
Community Services Department upon occupancy of each lot as provided
by code. The Subdivider has paid the required fee for tree planting by the
City Parks, Recreation and Community Services Department as shown in
Exhibit"B."
e. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the 1994 Uniform Fire Code (UFC).
The Subdivider's attention is particularly called to UFC Sections 901.3,
901.4.3, 902.1, 903.1, 903.2, 903.3, and 903.4.2 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 street lighting 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.
Subdivision Agreement
Tract No. 4514/UGM 542
Page 4
f. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
g. 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.
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
Subdivision Agreement
Tract No. 4514/UGM 542
Page 5
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.
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 13-120.3315 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-16423. The amounts
identified (in the Early Sewer, Water and Storm Sewer Agreement, recorded February 3,
1999)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 20-foot landscape easement along the rear
property lines of all lots which back-onto or side-onto the North Chestnut Avenue frontage
of the subdivision and a landscaping and an irrigation system in a 10-foot landscape
easement along the rear property lines of all lots which back-onto the East Alluvial Avenue
frontage of the 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.
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing District. Additionally, the Subdivider is required to provide the City of Fresno with
Subdivision Agreement
Tract No. 4514/UGM 542
Page 6
copies of signed acknowledgments (see Exhibit"C") from each purchaser of a lot within
the subdivision, attesting to the purchasers understanding that the lot will have an annual
landscaping maintenance assessment and that the purchaser is aware of the estimated
amount of the assessment.
The signed acknowledgments shall be sent to Chief of Design Services Go Public Works
Department,Engineering Services Division,2600 Fresno Street,Fresno,California 93721-
3623.
j. Perform and construct all work shown on the following referenced plans
[City Drawing Nos: 10-C-7655 through 10-C-7660 with Water Job No. 4708 (6 sheets)
inclusive; 15-C-10024 through 15-C-10034[landscaping plans 15-C-10032 through 15-C-
10034] (11 sheets) inclusive, Drawing No. 4-C-522 (1 sheet)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.
I. The Subdivider has deposited with the City the sum of One Hundred
Seventy-two Thousand Sixty-five and 31/100 Dollars ($172,065.31) 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."
M. In connection with assigning figures set forth in Exhibit "B," the City has
made its best faith efforts at predicting the amounts to be credited as reimbursements for
improvements that will benefit other properties. Because the subject improvements have
not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
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
construction plans for said work on file in the Office of the City Engineer of the City and the
Subdivision Agreement
Tract No. 4514/UGM 542
Page 7
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.
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 Seven Hundred Sixty-five Thousand and
00/100 Dollars ($765,000.00), which is equal to 100% of the total estimated cost of the
work required. Five percent(5%)of said amount,Thirty-eight Thousand Two Hundred Fifty
and 00/100 ($38,250.00), shall be cash or a Certificate of Deposit; the remaining 95%,
Seven Hundred Twenty-six Thousand Seven Hundred Fifty and 00/100 Dollars
($726,750.00) 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 Three Hundred Eighty-two Thousand Five
Hundred and 00/100 Dollars($332,500.00), which is equal to 50% of the total estimated
cost of the work required to secure payment to all contractors and subcontractors
performing work on said improvements and all persons furnishing labor, materials or
equipment to them for said improvements.
Bonds shall be by one or more duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City.
C. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
6. On acceptance of the required work, warranty security shall be furnished to or
retained by the City, in the amount of Nine Thousand Three Hundred Twenty-Five and 00/100
Subdivision Agreement
Tract No. 4514/UGM 542
Page 8
Dollars ($9,325.00), 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 whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any partthereof. 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
Subdivision Agreement
Tract No. 4514/UGM 542
Page 9
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.
11. 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.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
Subdivision Agreement
Tract No. 4514/UGM 542
Page 10
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.
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
Subdivision Agreement
Tract No. 4514/UGM 542
Page 11
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 Subdivider or, if the Subdivider is not an individual,
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may, without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or 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
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
Subdivision Agreement
Tract No. 4514/UGM 542
Page 12
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.
18. 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.
19. 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,
STATE OF CALIFORNIA,
} S.S.
COUNTY OF no
On April 14, 1999 before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared Jerry A. peyoung and John A. Bonadelle
personally known to me ( FOR NOTARY SEAL OR STAMP
to be
the person(s) whose name(s) IQ/are subscribed to
the within instrument and acknowledged to me that °`" r ANNA M. RENNA
a ,�.
he/she/they executed the same in hkWkw/their CC COMM. IC CALIF 00
Co � � NOTARY PUBLIC CALIFORNIA CD
authorized capacity(ies), and that by hWAwr/their m PRINCIPAL OFFICE IN
FRESNO COUNTY
signature(s) on the instrument the person(s), or °+u. My COMMInlon Eq.Aug.3o,im
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES m nd and off1 1 se
Signatur
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
On 7)'?A--�-/� a/ /9q q before me, Cindy Hamby personally appeared, John
A. White, Public Works Director, 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 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 the
person(s), or the entity upon behalf of the City of Fresno which the person(s) acted,
executed the instrument.
WITNESS my hand and official city seal.
REBECCA E. KLISCH
CITY CLERK
By Ci-,n&4j3 � -
EPUTY
1994 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR SAFETY
ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY
SECTION 901-GENERAL
901.1 Scope. Fire department access and water supply shall be in accordance with Article 9.
For firesafety during construction, alteration or demolition of a building, see Article 87.
901.2 Permits and Plans.
901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposeswhich are installed on watersystems and accessible to public highways,
alleys or private ways open to or generally used by the public. See Section 105, Permit f.1.
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.
901.2.2 Plans.
901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
901.3 Timing of Installation. 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 requirements of Section 901.3 may be modified or waived.
901.4 Required Marking of Fire Apparatus Access Roads, Addresses and Fire Protection
Equipment.
901.4.1 General. Marking of fire apparatus access roads,addresses and fire protection equipment
shall be in accordance with Section 901.4.
901.4.2 Fire apparatus access roads. When required by the chief, approved signs or other
approved notices shall be provided and maintained forfire apparatus access roads to identify such
roads and prohibit the obstruction thereof or both.
PAGE 1 EXHIBIT "A"
1994 UNIFORM FIRE CODE
901.4.3 Fire protection equipment and fire hydrants. Fire-protection equipment and fire hydrants
shall be clearly identified in a manner approved by the chief to prevent obstruction by parking and
other obstructions.
When required by the chief, hydrant locations shall be identified by the installation of
reflective markers.
See also Section 1001.7.
901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or road
fronting the property. Numbers shall contrast with their background.
901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified
with approved signs.
901.5 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipment.
See Sections 902.2.4 and 1001.7.
901.6 Fire Protection in Recreational Vehicle, Mobile Home and Manufactured Housing
Parks, Sales Lots and Storage Lots. Recreational vehicle, mobile home and manufactured
housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access
roads in accordance with Sections 902 and 903.
EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with
protection and access roadways as required by the chief.
SECTION 902-FIRE DEPARTMENT ACCESS
902.1 General. Fire department access roads shall be provided and maintained in accordance
with Sections 901 and 902.
902.2 Fire Apparatus Access Roads.
902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with
Sections 901 and 902.2 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(45 720 mm)from fire apparatus
access as measured by an approved route around the exterior of the building or facility. See also
Section 902.3 for personnel access to buildings.
EXCEPTIONS: 1. When buildings are completely protected with an approved automatic
fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief.
PAGE 2 EXHIBIT "A"
1994 UNIFORM FIRE CODE
2. When access roads cannot be installed due to location on property, topography,
waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require
additional fire protection as specified in Section 1001.9.
3. When there are not more than two Group R. Division 3, or Group U Occupancies, the
requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it is determined by the chief that
access by a single road might be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high-piled combustible storage, see Section 8102.5.1.
For required access during construction,alteration or demolition of a building, see Section
8704.2.
902.2.2 Specifications.
902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet(6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches
(4115 mm)
EXCEPTION: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 when approved by the chief.
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.
902.2.2.2 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.
902.2.2.3 Turning radius.The turning radius of a fire apparatus access road shall be as approved
by the chief.
902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm)
in length shall be provided with approved provisions for the turning around of fire apparatus.
902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road,
it shall be constructed and maintained in accordance with nationally recognized standards. See
Article 90, Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the
imposed loads of fire apparatus.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
Vehicle load limits shall be posted at both entrances to bridges when required by the chief.
902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief.
902.2.3 Marking. See Section 901.4.
902.2.4 Obstruction and control of fire apparatus access.
902.2.4.1 General. 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 Section 902.2.2.1 shall be maintained at all times.
Entrances to roads, trails or other accessways which have been closed with gates and
barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles.
902.2.4.2 Closure of accessways. 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, gates and barricades shall be secured in an approved manner. Roads,
trails and other accessways which have been closed and obstructed in the manner prescribed by
Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the
chief.
EXCEPTION: Public officers acting within their scope of duty. 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.
EXCEPTION: When authorized by the chief or performed by public officers acting within
their scope of duty.
902.3 Access to Building Openings.
902.3.1 Required access. Exteriordoors and openings required by this code orthe Building Code
shall be maintained readily accessible for emergency access by the fire department.
An approved access walkway leading from fire apparatus access roads to exterior
openings required by this code or the Building Code shall be provided when required by the chief.
902.3.2 Maintenance of exterior doors and openings. 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
PAGE 4 EXHIBIT "A"
1994 UNIFORM FIRE CODE
having principal stroke of not less than 3/4 inch (19.1 mm)wide and at least 6 inches (152.4 mm)
high on a contrasting background. Required fire department access doors shall not be obstructed
or eliminated. See Section 1207 for exit doors.
For access doors for high-piled combustible storage, see Section 8102.5.2.
902.3.3 Shaftway marking. Exterior windows in buildings used for manufacturing or for storage
purposes which open directly on shaftways orothervertical means of communication between two
or more floors shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches
(152.4 mm)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.
902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of
secured openings orwhere immediate access is necessary for life-saving or fire fighting purposes,
the chief is authorized to require a key box to be installed in an accessible location. The key box
shall be of a type approved by the chief and shall contain keys to gain necessary access as
required by the chief.
SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS
903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and
903.
903.2 Required Water Supply for Fire Protection. 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 hereafter constructed or moved into or within the
jurisdiction. When any portion of the facility or building protected is in excess of 150 feet (45 720
mm)from a water supply on a public street,as measured by an approved route around the exterior
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. See Section 903.4.
903.3 Type of Water Supply. Water supply is allowed to 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 Appendix III-A.
903.4 Fire Hydrant Systems.
903.4.1 General.
903.4.1.1 Applicability. Fire hydrant systems and fire hydrants shall be in accordance with
Section 903.4.
PAGE 5 EXHIBIT "A"
1994 UNIFORM FIRE CODE
903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests
as required by the chief. Fire hydrant systems shall be maintained in an operative condition at all
times and shall be repaired where defective. Additions, repairs, alterations and servicing shall be
in accordance with approved standards.
903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7.
903.4.2 Required installations. 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. See
Appendix III-B.
Fire hydrants shall be accessible to the fire department apparatus by roads meeting the
requirements of Section 902.2.
903.4.3 Protection, marking and obstruction of hydrants.When exposed to vehicular damage,
fire hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see
Section 1001.7.
903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2.
PAGE 6 EXHIBIT "A"
Tract No.46141UGM462 IG-Apr-99
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (559)498-4451
BUR DINr3 AND SAFETY SERVICES DMSIONA AND DIVISION AND ENGINEERING SECTION
2600 FRESNO STREET,FRESNO CA 937213604 TRACT No. 4514
PREPARED BY: I Bill J.Walls UGM No. 542
CHECKED BY: Alan Kawakami P.W.FILE No. 10117
TRACT NAME: I GROSS ACREAGE 22.4906
ZONING: R-1/UGM NET ACREAGE 20.3060
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 94
WESTCAL,INC.,a California Corporation
P.O.Box 5178
ADDRESS: Fresno,CA 93755-5178
SUBDIVISION CALCULATION SHEET
(Includes Early Construction Agreement Calculations)
(Includes Early Issuance of Building Permits)
1a.Water Construction
Engineers Estimate 55 780.00
Adjustments 25 738.00
Adjusted Cost Estimate 81 518.00 S81 518.00
lb.Water Well Construction
Engineers Estimate s0.00
Water Well Head Treatment 0.00
Adjusted Cost Estimate 0.00 0.00
1c.Water Construction (Part of Early Agreement)
Engineers Estimate S55 780.00
Adjustments S25 738.00
Adjusted Cost Estimate 1 518.00 S81 518.00
2a. Sewer Construction
Engineers Estimate 56 173.00
Adjustments 10 561.00
Adjusted Cost Estimate 66 .00 S66 34.
2b.Sewer Construction (Part of Early Agreement)
Engineers Estimate 56 173.00
Adjustments S10 561.00
Adjusted Cost Estimate 66 734.00 66 734.00
EXHIBIT"B" Revised Street Tree Fees Pagel
Tract No.4614AJGM452 16-Apr-99
3. Storm Sewer Construction (Part of Early Agreement)
Engineer's Estimate 0.00
Adjustments
Adjusted Cost Estimate 0.00 0.00
4. Street Construction (Part of Early Agreement)
Engineer's Estimate 0.00
Adjustments 0.00
Adjusted Cost Estimate 0.00 0.00
4a. Street Construction
Engineer's Estimate 66 730.50
Adjustments 106 523.00
Engineers Estimate(UGM)
Adjustments(UGM) 0.00
Storm Drain Construction 0.00
Adjustments 2 000.00
Landscape.Fence and Irrigation Construction
Perimeter Mason Wall or Solid Fence Construction
1275 LF® 25.00 A.F 31 875.00
LandscapeArrigation Construction
32324 SF® 2.00 !SF 648.00
Median Island Landscaping
® Ea SO.00
Adjusted Cost Estimate 458 730.50
E-1 Type Elect-rol�iers
1 9 53.000 Ea 27 000.00
E-2 Type Electroliers
17 2 500.00 Ea 2 500.00
Safety,Lighting
L� 875.00 Ea 875.00
Total Adjusted Street Estimate 535 105. 535 105.50
Total Construction Cost for Inspection Fee Calculations 683 357.
SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) =683 357.50
ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) 148 252.00
ECA Total for Streets(For Inspection Fee Calculations)
EXHIBIT"B" Revised Street Tree Fees Page 2
Tract No.45141UGM452 16-Apr.99
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations 3 357.50
7%of First$10,000.00($300.00 min) 700.00
4%of next$490,000.00 19 600.00
2.5%of cost over$500,000.00 4 583.94
Total Inspection Fees 24 883.94
Inspection Fees paid with the E.C.A. 6 230.00
Total Inspection Fees Due with this Agreement 18 653.94
Sub-Total For Construction Cost Bonding 683 357.50
Lot and Block Comers, 239 50.00 Ea 11 950.00
Sub-Total For Construction Cost Bonding =695 307.50
Construction Contingency 69 692.50
Total Estimated Construction Cost 765 000.00
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
Total Inspection Fees Due with this Agreement 18 653.94
Total Estimated Construction Cost 65 000.00
SECURITY CALCULATIONS
Performance Security
100%of the Total Estimated Construction Cost 5765 000.00
5%Security Deposit(Cash or C.D.) i38 250.00
Performance-95% 726 750.00
Payment Security
Labor 3 Materials-50% 5382 500.00
Warranty Security:
5%of First$50,000.00 2 500.00
3%of Next$50.000.00 1 500.00
1%of Next$400,000.00 000.00
112%of Costs Over$500,000.00 1 325.00
Total Amount to be Retained for Warranty 9 325.00
EXHIBIT"B" Revised Street Tree Fees Page 3
Tract No.46141UGM462 16,Apr-99
SUBDMSION FEES,CHARGES AND DEFERRALS
(1) INSPECTION FEES 18 53.94
(2) MONUMENT CHECK FEE
®LOTS 30.00 /LOT(Min$200.00) 2 820.00
(3) INTERSECTION SIGNING
11 a 173.0o ea t so3.00
(4) TRAFFIC REGULATORYIWARNING SIGNING
0 77.00 ea 154.00
(6) NO PARKING t-A-N-D-�BIKE LANE SIGNING
�.J 77.00 ea 50.00
(6) STREET TREES
City planted street trees.
C�Trees 5102.00 /Tree
Street Tree Ins ion Fee(Privately planted lot trees to be maintained by the home owners)
0 Trees Q 28.00 /Tree 0.00
Field Inspection Fee(CFD No.2) �(0=no !ryes) 293.00
(7) FMFCD DRAINAGE FEE Zone District R-1IUGM
Paid by FMFCD Agreement I 0 (Onno !ryes
19.6721 AC 1 945.00 /AC-CM 38 262.00
2.8186 AC 3 100.00 /AC-CZ 738.00
FMFCD Drainage Fee 4 000.00 4 lK)0.00
(8) POND MAINTENANCE FEE
OSF O/SF 0.00
(9) FRONTAGE ROAD ISLAND LANDSCAPING FEE
OLF 0/LF 50.00
(10)SEWER TRENCH WATER COMPACTION CHARGE
3132 CY =0.121 /CY Pd WIECA
(11)SANITARY SEWER FEES
(a)Lateral Charge
Deferred by Covenant (0=no 1=yes
138900.00 SF 0.10 /SF 13 890.00
Lateral Charge Fee Due for EIBP Lots 00
Lateral Charge Deferred by Covenant 13 890.00
Lateral Charge Due with Agreement 50,00 0.00
(b)Oversize Charge
(UGM Reimbursement Area No. 1 )
Deferred by Covenant 1 (O=no 1-yes
138900.00 Ac 0.05 /Ac $6,945.00
Oversize Construction Credits $0.00 ]
Overdepth Construction Credits $0.00 ]
Oversize Charge $6 945.00
Oversize Charge Deferred by Covenant 945.00
Oversize Charge Due with Agreement 12.60 0.00
(c)Trunk Sewer Charge
Trunk Sewer Service Area (Hemdon
®UNITS ® 496.00 (UNIT 46 624.00 46 624.00
(d) Wastewater Facilities Charge
Wastewater Facilities Charge to be paid in accrdance with FMC 9-503(b)
Total Sewer Charges Deferred by Covenant
Total Sewer Charges Due with the Agreement [�
EXHIBIT"B" Revised Street Tree Fees Page 4
Tract No.4614AJGM462 16,Apr-99
(12)WATER CHARGES
(a)Time R Material Charges("Wet-Tie")
(Estimate No. 16351 )
(Water Job No, 4522 )
Time it.Materials Charges("Wet-Tie") $12.000.00
Time it.Materials Charges("Wet-Tie")Due with Agreement aid w a� w
(b1)Service Connection Charges
Deferred by Covenant 1 (0-no 1=yes
V METERS 320.00 1 Ea. 30 .00
01-1R-METERS 470.00 Ea. .00
Service Connection Charges Deferred by Covenantg$30.0j$0.00
Service Connection Charges Due with Agreement .00 0.00
(b2)Landscape Service Connection Charges
Landscape Service Connections(Not Deferrable by Covenant)
1 V METERS® F-$-3-20-0-0-1 Ea. $320.00
1-1/2"METERSC 1 $470.00 Ea. 1470.00
Total Landscape Service Connections Due with Agreement $790,00 790.00
(c)Frontage Charge
Deferred by Covenant 1 (0=no 1-yes
138.00 LF � 3.25 /LF(Alluviaq 1351.75
0
1201.00 LF 3.25 /LF(Chestnut) 5
Frontage Charge Due for EIBP Lots 0
Frontage Charge Deferred by Covenant Frontage Charges Due with Agreement 0 50.00
(d)Fire Hydrant Charge
(Lone District R-1AJGM
690857.0 SF 0.75 /100 SF 5 181.4 5 181.43
(e)Transmission Grid Main Charge
(UGM Reimbursement Area No. A )
Deferred by Covenant 1 (0=no 1-yes
22.4906 AC $560.00 1/AC $12,594.74
AC /AC $0.00
Transmission Grid Main Construction Credits [ $0.00 ]
Transmission Grid Main Charge $0.00
Transmission Grid Main Charge Due for EIBP Lots $0.00
Transmission Grid Main Charge Deferred by Covenant $12 694.74
Transmission Grid Main Charge Due with Agreement 0.00 0.00
(f)Transmission Grid Main Bond Debt Service Charge
(UGM Reimbursement Area No.
Deferred by Covenant 1 O-no 1=yes
22.4906 AC 243.00 /AC $5,465.22
AC /AC $0.00
TGM Bond Debt Construction Credits $0.00 ]
TGM Bond Debt Service Charge $5,465.22
TGM Bond Debt Service Charge Deferred by Covenant 45 465.22 �
TGM Bond Debt Service Charge Due with Agreement
Not applicable for 2 years after map recordation,then due at Building Permit for all undeveloped lots.
(g)Water Construction Charge
94 LOTS Q 51.25 /LOT 11 11
UNIT DEFINITION for Well Head,Recharge Fees 1994 Bond Dept,d Water Supply
Units by: Living Units
(h)UGM Water Supply Charge
IS ply Well No. 101
L 4 UNITS/LOTS 5397.00 /UNIT S37 318.00
UGM Water Well Construction Credits [ $0.00 ]
UGM Water Supply Charge 37 318.00 37 318.00
EXHIBIT"B" Revised Street Tree Fees Page 6
Tract No.46141JGM462 16-Apr-99
(1)Well Head Treatment Fee
Well Head Treatment Service Area 101
®UNITS/LOTS® 0.00 UNIT/LOT $0.00
Well Head Treatment Construction Credits 10.00 ]
Well Head Treatment Fee 0.00 0.00
01 Recharge Fee
Recha a Service Area 101
r 94 UNITS/LOTS® UNIT/LOT $0.00
Recharge Construction Credits ( 0.00 11
Recharge Fee Due 00 0.00
(k)1994 Bond Debt Service Fee
Deferred by Covenant 1 0=no 1= es
1994 Bond Debt Service Area: 0
94 UNITS ® 895.00 UNIT 84130. 00
Bond Debt Well Credits [ 50.00 ]
1994 bond Debt Service Fee $84,130.00
1994 Bond Debt Service Fee Due for EIBP Lots $0.00
1994 Bond Debt Service Fee Deferred by Covenant 130.00
1994 Bond Debt Service Fee due with this Agreement .00
Total Water Charges Deferred by Covenant MTSM M.
Total Water Charges Due with the Agreement 43 406.93
GROSS ACREAGE ADJUSTMENT 22.1808 Gr.AC.
Era k4*s Ante ofArMr l t CabcW Sesek:
ChettnurAvenue r.8313 Ac.
AArvWAvenue 0.3523 Ac.
Abutted Grata Ante 20.3080 Aq.Ac.
(13)UGM FIRE STATION FEE
(Service Area No. 13 )
(Zone District No. R-1IUGM )
Deferred by Covenant 1 (0-no 1=yes
22.4906 Acres ® 251.00 /Ac 5 645.14
UGM Fire Station Fee Due for EIBP Lots 0.00
UGM Fire Station Fee Deferred by Covenant 5 645.14
UGM Fire Station Fee Due with Agreement 0.00 0.00
(14)UGM NEIGHBORHOOD PARK FEE
(Service Area No. 7 )
(Zone District No. R-1/UGM )
Deferred by Covenant 1 (0=no 1=yes
22.4906 Acres 1 690.00 /Ac 38 009.11
UGM Neighborhood Park Fee Due for EIBP Lots 0.00
UGM Neighborhood Park Fee Deferred by Covenant S38 009.11
UGM Neighborhood Park Fee Due with Agreement 0.00 0.00
(15)UGM MAJOR STREET CHARGE
(Zone �)
Deferred by Covenant 1 (0ano lryes
20.3060 AC ® 2 500.00 /AC $50,765.00
UGM Major Street Construction Credit $49,625.00 ]
UGM Major Street Charge This Zone $1,140.00
UGM Major Street Charge Due for EIBP Lots $0.00
UGM Major Street Charge Deferred by Covenant $1 140.00
UGM Major Street Credit due with this agreement 0.00 0.00
EXHIBIT"B" Revised Street Tree Fees Page 6
Tract No.46141UGM462 16-Apr-99
(16)UGM MAJOR STREET BRIDGE CHARGE
(Lone 0)
Deferred by Covenant 1 (0=no 1=yes
20.3060 AC ® 50.00 /AC $1,015.30
UGM Major Street Bridge Construction Credit $0.00 ]
UGM Major Street Bridge Charge $1,015.30
UGM Major Street Bridge Charge Due for EIBP Lots $0.00
UGM Major Street Bridge Charge Deferred by Covenant 1 015.30
UGM Major Street Bridge Charge Due with Agreement $0.00 0.00
(17)UGM TRAFFIC SIGNAL CHARGE
Deferred by Covenant 1 (0=no 1=yes
20.3060 AC 860.00 /AC $17,463.16
UGM Traffic Signal Construction Credit $6,875.00 ]
UGM Traffic Signal Charge $10,588.16
UGM Traffic Signal Charge Due for EIBP Lots $0.00
UGM Traffic Signal Charge Deferred by Covenant $10 588.16
UGM Traffic Signal Charge Due with Agreement 0.00 50.00
(18)UGM GRADE SEPARATION CHARGE
Deferred by Covenant 0 (0=no 1-yes)
Service Area Zone:
20.3060 AC ® F so.55 /AC $0.00
UGM Grade Separation Charge Deferred by Covenant 10.00
UGM Grade Separation Charge Due with Agreement 0.00 $0.00
(19)UGM AT-GRADE RAILROAD CROSSING FEE
Deferred by Covenant (0=no 1=yes)
Service Area:
20.3060 1 AC L0.00 /AC 0.00
UGM At-Grade Railroad Crossing Construction Credit $0.0011
UGM At-Grade Railroad Crossing Fee $0.00
UGM At-Grade Railroad Crossing Fee Due for EIBP Lots $0.00
UGM At-Grade Railroad Crossing Fee Deferred by Covenant $0.00
UGM At-Grade Railroad Crossing Fee Due with Agreement 0.00 50.00
(20)UGM TRUNK SEWER FEE
(Service Area )
(Lone District R-1/UGM )
Deferred by Covenant 0 (0=no 1=yes
22.4906 AC 0.00 /AC 0.00
UGM Trunk Sewer Fee Deferred by Covenant 50.00
UGM Trunk Sewer Fee Due with Agreement 00 0.00
(21)OVERLAY SEWER SERVICE AREA
Deferred by Covenant 0 (0=no 1=yes
22.4906 AC 0.00 /AC 50.00
Overlay Sewer Fee Deferred by Covenant 00
Overlay Sewer Fee Due with Agreement 0.00 50.00
(22)LANDSCAPE MAINTENANCE DISTRICT FEE
�A. Antis ted Maintenance Cosl(Planter Areas
l tl9l Lots ® 94.26 /Lot $8,860.44
B. Incidental Expenses(Legal fees,Publications,Mailings,Engineering)
Assessment District Proceedings
®Lots Q 25.00 /Lot 2350 ($1,080.00mi�
Landscape Maintenance District Fee 11 .00 1 44 11 1 44
TOTAL FEES AND CHARGES DEFERRED BY COVENANT 208 389.20
TOTAL FEES AND CHARGES DUE WITH AGREEMENT 172 065.31
EXHIBIT"B" Revised Street Tree Fees Page 7
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s) of Tract
No. 4514/UGM 563, is subject to an annual assessment currently estimated at $ 108.00 .
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4514/UGM 563. I/We understand
that the current estimated assessment is only an estimate for the current year and that the current
year and that the assessment may increase or decrease in future years.
I/We also understand that by signing this document I/We have not waived my/our rights
to protest the assessment amount at the noticed annual public hearing held by the City Council.
Purchaser Date
Co-Purchaser Date Subdividers Representative Date
FT4514 Subdivision Agreement.wpd (April 8, 1999)
EXHIBIT "C"
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS Subdivider is unable to acquire and dedicate to the City all easements
and rights-of-way required for street purposes related to this agreement prior to final map
approval; and
WHEREAS Subdivider desires that acquisition of the required rights-of-way be
diligently pursued; and
WHEREAS Subdivider has notified the City (i.e., the Public Works and/or
Development Department Director)of his inability to acquire the necessary easements and
rights-of-way, and has requested that the City commence such proceedings as are
necessary and proper to acquire said easements and rights-of-ways through negotiation
and/or the lawful exercise of its power of eminent domain; and
WHEREAS the City hereby agrees to use said power of eminent domain at the
specific request and instance of the Subdivider;
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall initially deposit, upon execution of this agreement, the sums set out
in paragraphs 2 and 15, below. Such sums shall be utilized by the City to acquire
the necessary easement and rights-of-way, including but not limited to: just
compensation and damages for the interests acquired, City legal and non-legal staff
time as needed to attempt a negotiated purchase, appraisal fees, court costs and
the related expenditures necessary to acquire the easement right-of-way through
the lawful exercise of the City's power of Eminent Domain. If initially deposited
funds are less than the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such additional sums as may be required from
time to time to prosecute the matter to conclusion, such further payments to be
made within ten (10) days of the mailing to the Subdivider of a notice requesting
such additional costs. If deposited sums exceed the actual full cost to acquire the
subject rights-of-way, then at the conclusion of acquisition proceedings City shall
refund the difference as soon as the City determines the amount of such excess.
2. Said initial deposit shall include funds necessary for the items specified in
Paragraph 15, captioned "Summary of Initial Deposit"
3. Subdivider shall have the option of providing appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the
City Attorney, in lieu of deposit of appraisal and title report fees, providing said
reports are issued within 120 days preceding the adoption of the Resolution of
Necessity authorizing the condemnation proceedings.
Page 1 ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4514
4. Subdivider shall have the further option of engaging his own attorney to negotiate
and/or prosecute a condemnation action for the required easement acquisition.
Upon Subdivider's election, no later than twenty (20) days after the Council of the
City of Fresno approves this agreement, of a reputable and qualified attorney of his
choice, subject to approval of the City Attorney, City shall appoint said attorney as
a special deputy city attorney, provided said attorney executes an agreement with
City for that purpose. Said special attorney must, within thirty (30) days of his
appointment, file an action in eminent domain, and shall apply for an order for
immediate possession of the subject property. As soon as is legally possible after
commencing said proceedings in eminent domain and applying for said order, said
special attorney shall obtain an order for immediate possession pursuant to Section
1255.410 et seq. of the Code of Civil Procedure. Said special attorney may draw
upon the funds deposited hereunder for attorney's fees and costs by submitting to
the City Attorney for his review and approval an itemized written request therefore
endorsed by the Subdivider.
5. Subdivider acknowledges that the initial cash deposits are estimates only and will
increase as the litigation proceeds. Subdivider agrees to pay all proper and
necessary charges incurred or paid by City in pursuing the condemnation
proceedings to a settlement or final judgement. City incurs no liability for its failure
to accurately or properly estimate the actual costs incurred in the condemnation
action.
6. Following Subdivider's initial deposit, City may give notice to Subdivider that said
Subdivider shall deposit such additional sums as City deems necessary to continue
or cause the continuation of prosecution of the proceedings. Subdivider shall pay
all such sums within ten (10) days of the mailing of said notice. The notice shall
state what costs have been incurred to date, what additional costs are anticipated;
and how the City intends to apply these additional deposits to, for example, such
items as additional compensation, damages, court costs, expert witness fees, City
Attorney staff time, City Attorney support staff time, deposition costs, right-of-way
staff time, copying costs, mailing costs, process server fees, right-of-way staff fees
and costs, property owners' litigation expenses, costs and attorney's fees (when
required by law) and such other and further litigation and administrative costs as
City shall deed necessary to pursue the condemnation action to final judgement.
Subdivider's dissatisfaction with the adequacy or sufficiency of said notice for any
reason shall not excuse Subdivider from any duty or obligation, including the
obligation to deposit additional sums. Prior to the date of any settlement
conference set by the superior court in the eminent domain proceedings, Subdivider
shall be given notice and an opportunity to participate in any decision to settle the
acquisition proceedings if the proposed compensation exceeds the opinion of value
established by the City's appraisal or the property owner's appraisal. However,
such participation shall be limited to advising City staff where the giving of such
advice does not interfere with, restrict, delay or impede the City Attorney in the
Page 2 ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4514
prosecution or compromise of the condemnation proceedings, as he deems
necessary and appropriate in the exercise of his sole professional judgement and
discretion.
7. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other
remedies available to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may
summarily revoke any and all permits issued to build such project.
b. City may, in its sole discretion, elect to terminate any acquisition
proceedings commenced pursuant to this agreement. If City so elects,
Subdivider shall indemnify and hold City harmless from any and all costs,
fees, damages and expenses incurred as a result of said proceedings and
the termination and abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed
and treat all costs incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so demanded in the notice to
deposit shall be presumed to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect
interest on the amount demanded, to the extent said amounts reflect cost
actually incurred, and upon any amounts thereafter incurred, at the rate of
ten (10) percent per annum until paid. In any action brought by the City as
the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation
costs.
8. Compliance with the terms and conditions of this agreement is a condition of
approval of any and all UGM, tract map and subdivision map projects which are the
subject of the principal agreement to which this ancillary agreement is a part.
9. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by or for Subdivider in conjunction with said development as
security for the payment of any costs, charges or fees called for by this agreement.
10. Upon recordation of the Subdivision Agreement to which this addendum is
incorporated by reference, City shall have a lien upon the lands described in
paragraph 1 of said Subdivision Agreement as security for the payment of any
costs, charges or fees called for by this agreement.
Page 3 ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4314
11. At the conclusion of any condemnation proceedings, City shall provide to
Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this
agreement, however, shall not excuse Subdivider's duty to perform any act,
particularly the duty to make full and timely deposits in accordance with any
demands and notices by the City. Upon rendering of the final accounting
referenced herein, Subdivider may question or challenge any use of funds set forth
in such accounting and may appeal same to the City Council.
12. Any amounts deposited by Subdivider shall be maintained by City in an interest-
bearing account of the City's choice, and may be co-mingled with other City funds
in such account. Interest accruing upon any such deposit shall inure to an be
created for the benefit of Subdivider, less the City's reasonable or actual costs of
administering said account and less any other charges which may be required or
authorized by law. The parties agree that five (5) per cent of the amount(s)
deposited is the reasonable cost of administering said account.
13. Time is of the essence to this agreement since the City may suffer certain
consequences in the event of Subdivider's breach, such as inverse condemnation
liability, Abandonment(by operation of law)of the condemnation action, and award
to the property owner of his litigation expenses and reasonable attorney's fees and
those sanctions imposed by the Permit Streamlining Act(Government Code Section
65920, et sec.). 10
14. No partial invalidity of this agreement shall invalidate the remainder.
Page 4 ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4514
15. Summary of Initial Deposit.
AMOUNT DEPOSITED: ITEM:
$25,800.00 Appraised value of easements.
$000.00 * Initial Appraisal fees.
$4,500.00 Real Estate staff time.
$000.00 * Cost of acquiring title report(s).
$8,000.00 Attorney's fees and costs (assuming a negotiated
settlement after filing of complaint in eminent domain).
$000,00 ** Other:
$38,300.00 Subtotal
$3,8300.00 Contingency (ten percent of subtotal)
$42,130.00 TOTAL
NOTES:
• An"E" in the"Amount Deposited" column indicates that Subdivider has elected the
option(s) available in paragraph 3 of this Addendum.
** Enter"0" in the "Amount Deposited" column if there are no other costs.
Page 5 ADDENDUM TO SUBDMSION AGREEMENT
TRACT NO. 4514