HomeMy WebLinkAboutT-4606 - Agreement/Covenant - 8/18/2006 (2) 641' 12057 PLEASE Co GO TM
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,SUBDIVISION AGREEMENT
City of
m"nC"dmlkl;i I/ivmt
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4606
P.W. File No. 9588
UGM No. 532
THIS AGREEMENT is made this z 8 day of u.rLc. , 19
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and Minnewawa Ranches, L. P., a California Limited Partnership, 575 East Locust Avenue,
Suite 104, Fresno, California 93711 hereinafter designated and called the "Subdivider," without regard
for number or Gender.
Subdivision Agreement
Tract No. 46061UGM 532
Pap
A. The Subdivider has to the City a certain final map of a subdivision
of land owned by the Owner and lova within the corporate limits of the ' , and )mown aed:
described as Tract No. 46061UGM 532 said Owner has requested the City to the dedicsdoos
delineated and shown on said map fo the use and purposes specified thereon and to otbeerwise
approve said map in order that the a may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance an approval of said
map, the dedication of such streets, hig ways and public places and easements are delineated and
shown on said map, and deems the a as necessary for the public use, and requires that any
and all streets delineated and shown n said Imap shall be improved by the struction and the
installation of the improvements herei specified.
C. Section 12-1012 of the unicipal Code of the City of Fresno req ' the Subdivider
to enter into this Agreement with the ity whereby Subdivider agrees to do, orm and complee
the work and matters hereinafter in the Agreement mentioned and set forth in de ail, within the time
hereinafter mentioned, in consideratio of the acceptance of the offers of dedic Ltion by the City of
Fresno.
D. The Subdivider desireso construct the improvements and Bevel the subdivision.
E. The Subdivider hereby warrants that any and all parties having rd title interest
in the Subject Property which may ri into a fee have subordinated to this ir strument.
F. All such instruments of subordination, if any, are attached hereto and made a part of
this instrument.
rti r
Subdivision Agreement
Tract No. 4606/UGM 532
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public
ways, easements and facilities as shown and delineated on said map, and the approval of said map
for filing and recording as provided and required by law, it is mutually agreed and understood by
and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree
as follows:
1. The Subdivider shall perform the work and improvements hereinafter specified on or
before July 31, 1995, except the sidewalk (and driveway approach) construction and lot corner
monumentation which shall be completed upon construction of the residential dwellings in
Tract No. 4606/UGM 532 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 first, 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 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
f 9u
Subdividw Agreement h
Tract No. 46MUGM 532
Page 4 .
approval of any or all of the streets an improvements in said subdivision. When a delay own
due to unforeseen causes beyond the trot and without the fault or negligence the Subdivider,.
the time of completion may be extend for a period justified by the effect of delay on the
completion of the work. The Subdivi shall file a written request for a time i=ftsion with the
Director of Public Works prior to the ve noted date, who shall ascertain the f wts and determine
the extent of justifiable delays, if any. tension of time for completion of hnpv rements(incla ft
street trees planting) may be granted b the Public Works Director with an extension fee from the
current Master Fee Schedule based u the initial estimated total improvement . The Directm
of Public Works shall give the Subdivi er written notice of his determination in 'ting, which shall
be final and conclusive.
2. The work and improve encs, more specifically shown on the plana and
made a part hereof, shall be done in ardance with the construction standards stained in the City
of Fresno Standard Specifications, "C ty Standards", adopted September 11, 1984, by Resolution
No. 84-361 and as amended, at the le cost and expense of the Subdivider including all-costs of
engineering, inspection and testing.
3. The work and improvei ients are as follows:
a. Construct all 1 dmarks, monuments and lot corners req ' to locate land
divisions shown on the Final p.
Pursuant to Section 66497 of the State Subdivision Map Act, prior the City's final
acceptance of the subdivision and release of securities, the Subdivider submit evidence
to the City of Fresno of payment and receipt thereof by the Subdi 'der's end or
surveyor for the final setting o all monuments required in the subdi ' ' n.
Subdivision Agreement
Tract No. 4606/UGM 532
Page 5
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.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012 of the Fresno
Municipal Code.
L 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-13709. The amounts
identified (in the Early Sewer, Water and Storm Sewer Agreement, dated April 29, 1994)
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. Subdivider has attempted but is unable to acquire and dedicate to the City all
easements required for street purposes related to this agreement prior to final map approval.
Pursuant to Section 12-1011(b)(6) of the Fresno Municipal Code, Subdivider requests that
City aquire the necessary easement or dedication through negotiation or the lawful exercise
of the City's power of Eminent Domain. Subdivider agrees to observe all the terms and
conditions of the Addendum to Subdivision Agreement (Right-of-Way Acquisition)
("Addendum") atached to this agreement and incorporated herein by this reference.
Subdivider shall deposit with the City in cash or Certificate of Deposit or by Instrument of
Credit the sums required by the Development Director pursuant to the Addendum.
Subdivision Agreement
Tract No. 4606JUGM 532
Page 6
Such sums shall be security to y the City the initial cost to aquire the went,
including but not limited to:jus compensation and damages for the ' isoquired, City w
legal and non-legal staff time as to attemp a negotiated purchase, fees,cant
costs and the related expendi mentioned in the Addendum to the easement
through the lawful exercise of a City's power of Eminent Domain. If funds W6
less than the actual full cost'so,
o uire all necessary right-of-way, the S 'eider shall tomtit
to the City such additional su s as play be required from time to to prosecute the
matter to the conclusion, such further payment to be made within ter (10) days of dte `
mailing to the Subdivider of a notice requesting such additional cost. If deposited funds
exceed the actual full cost to uire'the subject right-of-way, then at the conclusion of
acquisition proceedings City sh refund the difference as soon as the 'ty determines the
amounts of such excess.
j. As a condition f final map approval the subdivider is required to instar
landscaping and an irrigation sy tem in a 15-foot landscape easement ale g the rear and side
property lines of all lots which back-Onto or side-onto South Peach Av nue and provide a
10-foot landscape easement alo g the rear and side property lines of all 1 is which back-onto
or side-onto East Grove Aven a frontages of the subdivision. The r has executed a
covenant with the City of Fresn guaranteeing maintenance of the req landscaping until .:
such time as a Maintenance istrict has been formed to provide for ntinued care and
maintenance of the required dscaping. The Owner also agrees to si a petition asldng
the Council to include this T t in the existing District.
k. As a condition o final map approval, the Subdivider is req ' to pay a street
tree fee in accordance with the master fee resolution. In lieu of paying the street tree fes,
the Subdivider has accepted re nsibllity for the buffer street tree plan 'ng and has posted
performance security. tree pl ting and maintenance by the Subdivider ui itil the City a6cepts
the required buffer street trees for maintenance purposes.
Prior to planting any street ees in the subdivision, the Subdivider roes to submit a
detailed landscaping plan for th landscape easements, right of ways of subdivision to the
City Parks Department for app oval. The plan shall include the types, l tion, and number
of trees and show all landsca ing proposed for planting on public an or City controlled
property. The Subdivider ag s that the City shall not be obligated to accept any tree for
maintenance purposes which i not included in the approved landscaping plan.
1. Perform and co struct all work shown on the following re need plana[City,
Drawing Nos: 10-C-6875 throgh 10-C-6888 with Water Job No. 4215 ( 4 sheets)inclusive,
15-C-8818 through 15-C-882 (10 sheets) inclusive; 4-C-372 (1 shee inclusive. Fresno
Metropolitan Flood Control istrict Drawing No. BD-4-1 through Bd-4-3 (3 sheets)
inclusive], unless specifically mitted herein.
In. Install and comp ete all other street improvements requi by Section 12-1012
of the Fresno Municipal Code accordance with the City of Fresno dard Specifications
and the construction plans.
Y 1
Subdivision Agreement
Tract No. 4606/UGM 532
Page 7
n. The Subdivider has deposited with the City the sum of Two Hundred Fifteen
Thousand Four Hundred Seven and 24/100 Dollars ($ 215,407.24) for the total subdivision
fee and charge obligations as a condition of final map approval. The total fees and charges
are more particularly itemized and made a part of this agreement in the attached Exhibit "B."
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
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.
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 Thousand and 00/100
Dollars ($ 760,000.00), which is equal to 100% of the total estimated cost of the work
required. Five percent (5%) of said amount, Thirty Eight Thousand and 00/100 Dollars
($ 38,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, Seven Hundred
Twenty Two Thousand and 00/100 Dollars ($ 722,000.00) shall be in the form of a bond or
irrevocable instrument of credit; all to be conditioned upon the faithful performance of this
Agreement; and
b. Payment security in the sum of Three Hundred Eighty Thousand and 00/100
Dollars ($ 380,000.00), 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.
Subdivision Agreement
Tract No. 4606/UGM 532
Pap
C. Performancesec in the sum of Two Thousand Seven H Ninety and
00/100 Dollars ($ 2,790.00), w ' h is equal to 100% of the total cost of befl;er
street tree planting and main required. One hundred percent (100 )of said amount
shall be cash or a Certificate of 't, all to be conditioned upon the perform�aoe
of this agreement.
d. Any and all oth improvement security as required by Municipal
Code, Section 12-1016.
6. On acceptance of the aired' work, warranty security shall furnished do or
retained by the City, in the amount f Nine Thousand Three Hundred and /100 Dollars ($
9,300.00), for guarantee and warranty f the work for a period of one(1)year fbi lowing acceptance
against any defective work or labor ne or defective materials furnished. accordance with
Section 12-1016 of the Fresno Muni ci Code, said warranty security shall be ' the form of cash
or a Certificate of Deposit. The w ty security shall be returned to the S bdividex, less any
amount required to be used for fulfillm t 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 C ty of any rights to
the Subdivider to trespass upon land ri htfully in the possession of, or owned b , another, whether
such land be privately or publicly o
8. The City shall not be liable to the Subdivider or to any otim x person, firm or
corporation whatsoever, for any inj or damage that may result to any person or property by at
from any cause whatsoever in, on or a ut the subdivision of said land covered this Agreement,
or any part thereof. The Subdivider h reby releases and agrees to indemnify,d fend, and save the
City harmless from and against any and all injuries to and deaths of perso s, and all claims,
Subdivision Agreement
Tract No. 4606/UGM 532
Page 9
demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon the street rights-of-way..
in said subdivision and upon the premises adjacent thereto pursuant to this Agreement,and also from
all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability,
howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider,
the Subdivider's agents, employees and subcontractors, while engaged in the performance of said
work. The Subdivider further agrees that the use for any purpose and by any person of any and all
of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Subdivider at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon, for, or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance
Act of the State of California, with respect to such work or labor, and shall file with the City
pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall
maintain a valid policy of Workers' Compensation Insurance for the duration of the period of
construction.
r
Subdivisim Agreement
Tract No. 4606/UGM 532
Page 10
11. Initial soils compaction testing for public utility improvement work within the
right-0f--way shall be ordered by and 'd for by the City of Fresno. Public udlityirnpts
shall include street surface impmvem ts, sanitary and storm sewers, City maW facilities and
irrigation lines. All other compaction ting for private utility installations be paid for by the
Subdivider or his agent. Compaction ting performed for determination of pliatnee with City
Standard Specifications shall at all tim remain under the control and direction o the City Eaghm
who shall determine locations and d ths to be tested. Any compaction tests Wiling to meat the
City's requirements shall be reorde by the City and paid for by the Su bdi ' or his agent.
Billing for the private utility tests and y required retesting due to failures sha I be made directly
to the Subdivider or his agent.
12. The Subdivider shall mply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the Ci .
13. It shall be the responsi ility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such scheduling the sequence of operations an the determitnation
of liability if one operation delays an then. In no case shall representatives of the City of Fnxano
be placed in the position of making d isions that are the responsibility of the ubdivider. It-aW
further be the responsibility of the Su ivider to give the City Engineer written lice not less than
two (2) working days in advance of a actual date on which work is to be started. Failure on the
part of the Subdivider to notify the C ty Engineer may cause delay for which 1he Subdivider SW
be solely responsible.
i
Subdivision Agreement
Tract No. 4606/UGM 532
Page 11
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall_ give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of
his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to.the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets with water or the laying of 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
Subdivision Agreement
Tract No. 46OWGM 532
Page 12
Subdivider is not an individual, upony person who has signed this Agri t on beMIf of the
Subdivider or, at the election of the Ci Engineer, such notice may be mailed the Subdivider at
his address on file with the City En • ea. If within twenty-four (24) hours such personal
service of such notice or within forty ght(48) hours after the mailing thereof as herein provided,
the Subdivider shall not have com to maintain adequate dust control shall at any time
thereafter fail to maintain adequate du control, the City Engineer may, with t further notice of
any kind, cause any such street or is to be sprinkled or oiled, as he may advisable to
eliminate the scattering of dust, by uipment and personnel of City or by tract.as the City
Engineer shall determine, and the Subd vider agrees to pay to City forthwith, u receipt of billing
therefor, the entire cost to City of suc sprinkling or oiling. When the su on any exiM ing
street is disturbed, this surfacing shall be reppbeed with temporary or t surfacing within
fourteen (14) calendar days, and the r dway shall be maintained in a safe and passable condition
at all times between the commencem t and final completion, and adequate d st control shall be
maintained during these operations.
16. Concrete curbs and gu rs, the sanitary sewer system and house ,together
with water mains, gas mains, and th r respective service connections, shall oomp10 in the
streets and alleys before starting the s t and alley surfacing.
17. Time is of the essence f this Agreement, and the same shall bi id and inure to the
benefit of the parties hereto, their su rs and assigns.
i
1
r
Subdivision Agreement
Tract No. 4606/UGM 532
Page 13
18. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
MINNEWAWA RANCH, L.P., a California
Limited Partnership
RAYMOND G. SALAZAR, DIRECTOR
PUBLIC WORKS DEPARTMENT By: Wathen-Castanos, Inc., a California
Corporation, as Ge ral Partner
ATTEST: By:
'Kevin J. hiasos, President
JACQUELINE L. RYLE
CITY CLERK
y:
c and G. Wathen Jr. S ea
By Cv� A"b.e.1.
Deputy
APPROVED AS TO FORM:
J . LOUG
City Attorn y
By
(Attach Notary Acknowledgment)
Subdivision AVwment
Tract No. 46061UGM 532
Page 14
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 5�1i , 1994, fore me,
l��Y personally known to meW. .'
to me on
the basis of satisfactory evidence) to be the persons(* whose name( is/anhe within
instrument and acknowledged to me t he/�executed the same in uthorind
capacity(W), and that by hiVUW6@k signatures on the instrument(it) the (jo, or the entity
upon behalf of the CITY OF FRESN of which the person(JQ acted, executed i be instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By Ct� b�.
DEPUTY
i
I
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On this 9th day of June 9, 1994, before me, Julia E.
Silverstrom, a Notary Public in and for said County and State,
personally appeared KEVIN J. CASTANOS and RICHARD G. WATHEN, JR. ,
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 which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ary Publ and for said State
.IUTA L ILVBMR0M
COMM.f MQI
P-b —C01MMM ..
Rwo COMM
Comm.Eq*es MAR 41.1997
• 'N{ �sw C hN r
TRACT NO. 4606
P.W.FILE NO. 9588 -
S ORDINATION
The undersigned as holder the beneficial interest in and under osrtain
Deed of Trust recorded on April 27, 1994,in the office of the Fresno ty recorder'
as Document No. 94075659 of Records of which the Deed of in by and',
between Minnewawa Ranch, L.P., a California Limited Partnership, as Trustor,
Regency Service Corporation, as and Regency Bank, as beneft ary, hereby
expressly subordinates and Deed Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement f r Tract No. 4606MGM 532.
Dated June 10, 1994
K.
Regency r
By
Robert J. atti, nior Vice- 'dent
STATE OF CALIFORNIA )
ss
COUNTY OF FRESNO )
On this 10th day of June, 1994, before me, Julia R.
Silverstrom, a Notary Publ c in! and for said County and State,
personally appeared Robert J. Longatti, personally kn to me
(or proved to me on the bas's of satisfactory evidence) to be the
person(s) whose name(s) in/are subscribed to the within
instrument and acknowledg to we that he/she/they executed the
same in his/her/their au horized capacity(ies) , and that by
his/her/their signatures) on the instrument the person(a) 0, or
the entity upon behalf of w ich the person(s) acted, executed the
instrument.
WITNESS my hand a d official seal.
�eMI� ary ub n and for said tate
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1991 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FI E SAFETY
RTICLE 10
FIRE PROTECTION
Division 1
ENERAL
Scope
Sec. 10.101. Fire protection 1 be in accordance with this article.
Definitions
Sec. 10.102. For definitions f AUTOMATIC FIRE-EXTINGUIS G SYSTEM,
FACILITY, FIRE DEPARTMENT CONNECTION and STANDPIPE SYSTEM, see
Article 9.
Permits
Sec. 10.103. A permit is requi to use or operate fire hydrants or val intended for
fire-suppression purposes which are installed on water systems and 'ble to public
highways, alleys or private ways open to or generally used by the public. See4.108.
EXCEPTION: A permit is no required for persons employed and aul= by The
water company which supplies the system to use or operate fire hydrae or valves.
Tampering with Fire-protecti n Equipment and Site Barrier
Sec. 10.104. (a) Fire Depa nt Property. Apparatus, equipment an appu
belonging to or under the supervision d control of the fire department shall n be mol
tampered with, damaged or otherwise disturbed unless authorized by the chief.
(b) Fire Hydrants and FI Appliances. Fire hydrants and fire app ' ces required
by this code to be installed or main reed shall not be removed, tampered wi or otherwise
disturbed except for the purpose of ex ' guishing fire, training, recharging, or ' g necessary
repairs, or when allowed by the fire apartment. When a fire appliance is Quad as herein
allowed, it shall be replaced or reinstalled as soon as the purpose for which it removed hes
been accomplished.
(c) Site Barriers. Locks, gates, doors, barricades, chains, enclos
'flu
tags,
or seals which have been installed by the fire, department or by its order or under its control
shall not be removed, unlocked,destro ed, tampered with or otherwise molested in any manner.
i
E HIBIT "A" PAGE I
1991 UNIFORM FIRE CODE
EXCEPTION: When authorized by the chief or performed by pubfic 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
'E CODE
Division 11
RE APPARATUS ACCESS- ROADS - unobstnec�ed
ess therm 13 fleet 6
am y,be reduced,
Fire apparatus access roads shall be provided and nutintained in accordance are nNalled
of the chief,
Plans for fire apparatus access roads shall submitted to the fire a support w
� ro all-weadw
;w and approval prior to construction.
V ad shall be as
�S
IN feet in length
Fire apparatus access roads shall be provided for every Facility, building, per fts.
ing hereafter constructed or moved into or within t ie jurisdiction when any n section, it aha11
ty or any portion of an exterior wall of the first itory of the building, is Building Code
iQ feet from fire apparatus access as measured by an approved route around �apparatus-
uilding
or facility. the maximum
EMONS: 1. When buildings are completely pro acted with an approved
e sprinkler system, the provisions of this section i nay be modified by the
not be obstructed
When access roads cannot be installed due to opography, waterways, is and clearances
e grades or other similar conditions, the chief is au horized to require addi-
Mection as specified in Section 10.501 (b).
When there are not more than two Group R, Division 3, or Group M
the requirements of this section may be modified, rovided, in the opinion A an be ped
firefighting or rescue operations would not be imp Ibit the obstruction
ie fire apparatus road shall be provided when it is determined by the chief
e road may be impaired by vehicle congestion, conc lition of terrain,climatic
actors that could limit access. Ph CS
d combustible storage, see Section 81.109 (a).
d storage, see Section 30.102.
is materials, see Article 80.
ty during construction, alteration or demolition of a building, see Section p on all new
m the street or
ind roads shall be
EXHIBIT "AllPAGE 3 j PAGE 4
1991 UNIFORM FIRE CODE
r
Division 11
FIRE APPARATUS ACCESS ROADS
General
Sec. 10.201. Fire apparatus access roads shall be provided and maintained in accordance
with this division.
Pians
Sec. 10.202. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
Required Access
Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or moved into or within the jurisdiction when any
portion of the facility or any portion of an exterior wall of the first story of the building, is
located more than 150 feet from fire apparatus access as measured by an approved route around
the exterior of the building or facility.
EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified by the
chief.
2. When access roads cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief is authorized to require addi-
tional fire protection as specified in Section 10.501 (b).
3. When there are not more than two Group R, Division 3, or Group M
Occupancies, the requirements of this section may be modified, provided, in the opinion
of the chief, firefighting or rescue operations would not be impaired.
More than one fire apparatus road shall be provided when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high-piled combustible storage, see Section 81.109 (a).
For open yard storage, see Section 30.102.
For hazardous materials, see Article 80.
For fire safety during construction, alteration or demolition of a building, see Section
87.103 (b).
EXHIBIT »A» PAGE 3
r
1991 UNIFORM FIRE CODE ,a
Specifications
Sec. 10.204. (a) Dbuendons. ire apparatus accoeess roads shall have wiu�
width of not less than 20 feet and an u strutted vertical clearance of not less than 13 feet 6
inches.
EXCEPTION: Upon royal by the chief, vertical clearance y be reduced;
provided such reduction does not impair access by fire apparatus and approved AS 3z are imdalled
and maiptained indicating the establish vertical clearance.
Vertical clearances or widths be increased when, in the opinion of the chi',
vertical clearances or widths are not equate to provide fire apparatus access.
(b)Surface. Fire apparatus roads shall be designed and main to support the
imposed loads of fire apparatus and 1 be provided with a surface so as to prov de all-wead:er
driving capabilities. Y
(c) Turning Radius. The ' mum radius of a fire apparatus access stall be as
approved by the chief.
(d) Dead Ends. Dead-end apparatus access roads in excess of IN feet in length
shall be provided with approvedprovi ions for the turning around of fire appar Ltus.
(e) Bridges. When a bridge is uired to be used as access under this i ection, it shall
be constructed and maintained in acco lance with the applicable sections of the Building Code
and shall use designed live loading su tient to carry the imposed loads of fire apparatus.
(f) Grade. The gradient for a re apparatus access road shall not ex the maximum
approved by the chief.
Obstruction
Sec. 10.205. The required wid of a fire apparatus access road shall not be obstructed
in any manner, including parking o vehicles. Minimum required widths and clearances
established under this section shall be aintained at all times.
Marking
Sec. 10.206. When required, a roved,'signs or other approved notices be provided
and maintained for fire apparatus acces roads to identify such roads and prohibit the obstruction
thereof or both.
Division 111
FIRE DEPARTME T ACCESS TO BUILDIh GS
Premises identification
Sec. 10.301. (a) General. Approved numbers or addresses shallbe p on all new
and existing buildings in such as position as to be plainly visible and legible m the street or
road fronting, the property. Said nurr bers shall contrast with their backgrou
(b) Street or Road Signs. When required by the chief, streets an roads shall be
identified with approved signs.
E H I BIT "A" 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, we 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 TT p TT PAGE 5
1991 UNIFORM FIRE CODE
of the facility or building protected is excess of 150 feet from a water y an a P�
street, as measured by an approved rou around the exterior or of the faa7ity buil ft, on=
site fine hydrants and mains capable of pplyittg the required fine flow shall be who
required by the chief.
Type of Water Supply
Sec. 10.402. Water supply ma consist of reservoirs, pressure tanks, elevaled tanks6
water mains or other fixed systemsle of;providing the required fire flow. In.set#ing the
requirements for fire flow, the chief y be glided by the provision in Append x M-A.
Fire Hydrants
See. 10.403.The location, num r and stype of fire hydrants connected towater suppler
capable of delivering the required fire ow shall be provided on the public saw oz on the site
of the premises or both to be protec as.required and approved by the chief. Fire hydrants
shall be accessible to the fire d tent apparatus by roads meeting the re quirvinents of
Division 11. 1
For fire safety during construction alteration or demolition of a building, see
Section 87.103 (c).
ivi$ion V
INSTALLATION ANO MAINTENANCE O
FIRE-PROTECTION ND! LIFE-SAFETY SYS ELAS
General
Sec. 10.501. (a) Type Requi The chief is authorized to desi the type and
number of fire appliances to be install and maintained in and upon allbuilding s and premises
in the jurisdiction other than private dw pings. This designation shall be based u the relative
severity of probable fire, including the pidity with which it may spread. Such shalt
be of a type suitable for the probable cl s of fire associated with such building c r premises and
shall have approval of the chief.
(b)Special Hazards. For occu cies of an especially hazardous nature or where special
hazards exist in addition to the norm hazard of the occupancy, or where for fife
apparatus is unduly difficult, the chief is authorized to require additional safeg consisting
of additional fire appliance units, mo than one type of appliance, or special sstems suitable
for the protection of the hazard involy . Such devices or appliances may con ' of automatic
fire alarm systems, automatic sprinkle or water spray systems, standpipe and hose, fixed or
portable fire extinguishers, suitable fi blankets, g apparatus, manual or aul mutic covers,
carbon dioxide, foam, halogenated or ry chemical or other special fire extinp Shing systems.
Where such systems are provided, the shall be designed and installed in accoi dance with the
applicable Uniform Fire Code Standar s.
(c) Buildings under Cons ction. Fire-protection equipment and systems shall be
installed and maintained in buildings u der construction in accordance with Article 87.
E HIBrIT "A" PAGE 8
1991 UNIFORM FIRE CODE
Timing of installation
Sec. 10.502. When fire protection, including fire apparatus access mads and water
supplies for fire protection, is required to be installed, such protection shall be installed and
made serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief. are
provided, the above may be modified or waived.
EXHIBIT "A" PAGE 7
. Too No.MOMOM ss2
SUBDIVISION AGRE MItNT CALCULATIOIlls
DEVELOPAIM DEPA rrAdM T (209)191"l
it1II.DM AND SAPM 31;RVX=DW SMa AND Ido AND 1140DOMR1M Siic.fl=
7600 PRISM STRIM,PRISM CA 93721-3604 TRACT No.
PRBPARED BY: '{ ' `v <:`> UGM No.
iv v' K
Cimaw BY: P.W. Inas No. '=n
: . i...... •
.TRACT NAM : y :...: •'7
GROSSACREAGE
SUBDIVIDER(AS PER MAP) NET ACREAGE {
�y� ,?:t' ..,�5+..}•:4i::%:is':x':;%i;%';:ini:%v^. :,[:'�'y}S,{{%:%?:�...:...v, y�
:: 1111 %�! :M:vS v :•i r?>}
......................... .ter:v; 'ti'q:i4?:;+.w:w::::::x„•.:..........r..v.:::::...+... ...v
...............�.....................v:vi.::P.4%: %%�v}.:::.:.vim::::::r:::::.,•:?y:i?:•}::•::::}:•}:v::::Ay?:•}:<.: .:. ..•.
ADDRESS:
;.:.y i::.?:%}::::r.?:y:•.?:.??::%::.::•:r:.:':.:'::::::r•?::::::.;.2;.?•::.,22:2:i::}:2«•,'•'
"iffim
�:. 2•:1'4:2•;;:?!'::;:::::{2•}:n:•::.:ii^y?:•:?i}ist:{S:tiii::'i':':2? :?i::%i'i%::...
..�04:1121:::SjY:a;::;:}%::::;::;::::;:}....:.....................::....:.:::.............:.............
:.:..:.::';:':;syr: <••;:2:.:;:::..;:::::::::::::::::::.:r.':>:r::. ..
SUBDIVISION CALCULATION MWw*Early Construction ASrewmmt )
ing Amounts)
la.Water Construction
Engineer's Estimate <> '16t ”
Adjustments € `< 8860St
.................................
:...............:....................
Adjusted Cost Estimate ? 9 ;:'
lb.Water Wdl Construction
Engineer's Estimate
Water Well Head Treatment
Adjusted Cost Estimate
ic.Water Construction (Part of y Agreement)
Engineer's Estimate263 '`
Adjustments ( 8gbE15 00)'
Adjusted Cost Estimate <_ <'� ..... ........
I
page 1 Worm -E
I•
Trsct'31o. 4606/UGM 532 03-Jun-94
24L Sewer Construction
Engineer's Estimate >1 ►49E1( ;
.......................................
.......................................
Adjustments I9;1ff =
Adjusted Cost Estimate
1 2.687.0 : : 13268.:: :.
2b. Sewer Construction (Part of Early Agreement)
.......................................
.......................................
Engineer's Estimate 126 4s '>
.......................................
Adjustments6191'0(k
......_................
Adjusted Cost Estimate $:132487: 00 51324,8T+ ;
3. Storm Sewer Construction (Part of Early Agreement)
.............._____...............
................_.....................
.......................................
Engineer's Estimate6i36`:EM '=
.......... ...........................
........ ..............................
.......................................
Adjustments 516,31:8 00;
... _ ._..... .......
._.... .....
Adjusted Cost Estimate ; 80,284 OQ: SSQ,284OQ
4. Street Construction (Part of Early Agreement)
.......... . .......... ..........
....... .................... .....
....... . ......... ..................
Engineer's Estimate
................... ..................
. .......... ....... ................
..... .. ........ ...... .........
Adjustments
Adjusted Cost Estimate $0 00. d:t)0
4a. Street Construction
.....................................
......................................
.......................................
Engineer's Estimate 8415,994 30
.....................................
......................................
.......................................
Adjustments 0345,43.:6 20
....................................
.....................................
.. . .... . ........... .........
. . ....... .... ................
Engineer's Estimate(UGM) $76,117 95:
..... ..... . ...................
. ... ... ...... ....... ........
..... .......................... ...
Adjustments(UGM) $6,370.05
. .. .. ........ . . .....
.... ...... .. ...... ... .........
Storm Drain Construction :$88,208.00
.... . . . ...... ..............
.......... .. ... .. ...............
........ .................. .... ...
Adjustments ;'' 8000.
Page 2 EXHIBIT -1
• Tdlct No.4606RJGM 332
Street Contra don Coadnued
Fmosad
Paritnetsr Masonry Wall or Solid Force
'• � i�•:ti:::•{'•:i%iii: .. ...•; ::4iiii i•:''
Median Island Dins
Wit•>•: . :{.}}}:{:.:.>:}•:~:•:::i, :;A....:, •:�.,>.
�
j
Aa�usted Cost MdMYiwa��.Y :•.•x.':. ••
&1 a Electroliers
i}v�..�::;:•::•:•.:�..... ® ::::•�►'��-`. : �}::h"mil�•••• +I���:
&2'1 r aYEkdroliers
ice•':'•:ti.�'•,titi iti:4 {: ® ......i::!R!!!7 !W�y .....C?:; •,.••..L^. .w. t}•
•:•;{.::iii:{v;`v; �i:i7{i i::::iiiii��;{i'iy+k(�'�..ii:.
is
Total Adjusted Street Estimate
Total for Inspection Fee Calculations <«.:..,:. ...;.
rib {
SubTotal for Banding Calculations
»> ' °
Early Construction Agreement Total (For 1w V Fee Calculations)
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations ';`> 6c2' `
7 of First$10,000.00($300.00 min)
4% of neat$490,000.00
2.5%of cost over$.500,000.00
Sub-Total Inspection Fees S24,tf91 79
Less Inspection Fees paid with the E. C. A. .... SJO '
Total Inspection Fees
I
i
page 3 '•b
Trt ct No. 46061UGM 532 03-Jun-94
Sub-Total For Conshvction Cost Bonding
Lot and Block Corners
.......................................
Sub-Total For Construction Cost Bonding » 6901` D€
.......................................
.......................................
....................
Construction Contingency
.......................................
.......................................
Total Estimated Construction Cast ; OOOOQi
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
....._....................
.......................................
......................................
Total Inspection Fees 58,711.79
.......... . . . ....................
Total Estimated Construction Cost 5760,000 00
SECURITY CALCULATIONS
Performance Security
. ............ . . ................ .
... ................. ..............
100% of the Total Estimated Construction Cost 47609000 00
_... ..
... ..... . . ............. . ....
5% Security Deposit(Cash or C.D.) ;$38;000 K
. .. ... ..... . . ......... .....
Performance-95% $722,000.00;
Payment Security
............... .......... ...........
Labor&Materials-50% 5380;000.00;,
Warranty Security:
.. .......... ... ..............
.... ... ........ ..... ............
5% of First$50,000.00 $2,500 00
........... . . ... .......... .
3% of Next$50,000.00 51,500.00.
I% of Next$400,000.00 $4,000 00
1/2% of Costs Over$500,000.00 $1,300.00'
Total Amount to be Retained for Warranty $9,300.00
page 4 EXHIBIT "E
• Tact Na 460MGM 532 dW=44
w
SMDIVM N FEES AND CHARGES
()The wider :aeposded with the tr,dm num of
:x. •.
v•::?tin}:'t'•::•>:o:..........� ......::.. %•:."Swi. .....M•} •n .:} •::..}:.'::{n"'Si:i}:;:.;::}}::�y};:}:..•..,.:...iii:.i:;•;�;•ii:.... v':•} •
:. h:4. ..+::.i':::.i'..::.:':.:. ..�J4 �. }v ::.ern:::;•• 'Sv�Q.•<vy.4:i;.}+: :i.•,4ii�ij:ib::::x
�...... .....T6odgp,�; ". � .. .. .. ......T�!.:�T.R.?:�ii:�':ii'ri:f'�:•iiS:: •:`n:•.: :`::�::t?:v.Y
.• •':'.'{:}��'i'•:.it +:,•.::,,•'� I:A�:
Dollm
the following:
?':::i:•X.ii::i�r.• •f
(1) Impection Fees •.�•.�. `:"
(2) Man nmed Check Fee
#21 LOTS >: '/LOT is$200.00
(3) Intersection Fgning,
(4) Trd5c R"tory/Warning
(S) No Parking and Bike Lane .
as
(6) Street Trees
City/Privately.planted lot trees to maintitined by the lot,owners.
...:::.:::...........
Trees /Tree
Street Tree Inspection Fee(pri y planted buffer trees to be maintained by the
City's Maintenance District
3I > Trees®S :X24 OQ�'/'I'sne ' ►
Street Tree Inspection Fee R l) (Ono l.yes)
(71 FMFCD Drainage Fee District
...::::.....
Aci��S'd:p.:.....
(8) Pond Maintenance Fee,
..
(9) Frontage Road Island Landseap ng Fee,
(10)Sewer Trench Water Compacti Charge,
6237: C ® w�l$Ci,
SO IO: /CY }} }
i
f
i
i
pages EDIT!8'
03-Jun-94 03-Jun-9c
i Cost Bondingd?
:;.;::;:::OM Ea
a Cost Bonding
>.. .. °GO
` :.:::.::.: Dollars
.....................................
.......................................
.......................................
>' > S64T28:40
..... 1 9>
.................::x::..............
on Cost << {> 7:68OOfp
,CTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION6
....._............ ..._..._....
..__......_......_...........
........ .............................
pection Fees87I1�79'
........
........
........... ............
..............
imatod Construction Cost : j760 00Q
i...
.......................................
.......................................
SOQO
i
SECURITY CALCULATIONS
........
..
timated Construction Cost 5760,000:00:
e
(Cash or C.D.) 538:,000 00:
... .. . . ... ...................
'744D?;
................................ .....
X722;000:00
.......................................
......................................
;09638Q;000 Q0` SO;UO
t
.......... .......
.........
........
.. ............... ..................
......................................
00 $2,500:00
_.. __... ... __....... ......
............... .... ............
.......... ..... ..................
00 51:;500:00 5000
1.00 $4,000 OU:r
.......... .. .. ..................
papa W/ECA
5500.000.00 51;3000Q;;1
Letained for Warranty
i
Page 4 EXHIBIT`B' EX UBrr 'F
Tdct lito.4606/UGM 532 0E,Im4
• (11)UGM We NO=Fee,
(SMW Area No. < )
(?one District No. )
LV{�{
} : ..
:�•. W by :J•;y,•..• •<0:•:C:•:C,:ti<j .. �.(0-YM V 1-yes .r:.r_•r•..p•:: k,,y41y
pati '<M1-0C { ::Y;<•:<' >." iZL'•'<y
4; ..
�} > Acres :a':<w'. . ..:.:.. :IAC :: :::•: ><. ::
*Fee.Calculated for the Early M Homo
b: lots.
;t
For b
�....�..J•.
UGM Fire Station Fee Dae with maph:v
(12)UGM park Fee;
'..y<::...
(Service Area 4......
No. ?:>>:<::;:: )
(Zoos District No. > > ``: > )
Deferred b
/>:
Acres Ac
*Few Calculated for the Early M Home Agreement lots.
For bb:
UGM Park Fee Due with the map r:
* The Fee Calculated for the Early Home AVmment is not deferrable
(13) Lary Soni Sewers
C es '
:Ct3 '' •x
(a)Lateral Charve s.
X66.59 L.F ® .:/LF . 3 '
i
LF ® /LF
(b)oversize gorge
(UGM Reimbursemeat Area N . > ' )
Lees Oversize Credits I
f,.,,P
,�■�y=ate<:
Lees Ovenlepth Credits ]
Net Oversize Charge `; 00
( ..
i
(c)Tnmk Sewer Charge
Trunk Sewer Service Area FOf R
l l? UNITS ® ?4$,D /UNTP A8?43b. k3
4 UNITS ® $?4$; .:;/UW(Outlot D) ; :1
Total Trunk Sewer Char ge590.0`76 ,
(Note: Major FacilitiesSower and WastdWater Facilities Charge
are to be paid as each lot is dev oped at the current rate.)
i
Total Sewer Connection Charges l9$ 1
i
pap 6 1 amff,b
'•Tft Ddo. 4606/UGM 532 03-hm 94
(14)Water Connection Charges :k,w
.......................................
.......................................
.......................................
(a) 'Wet-Tie' Charge(Paid with the E.C.A.)
(Estimate No. '>13 < .)
(Water Job No. 4t`S>; )
(b)Tap Charge(Service Connections)
1Z 1' METERS ® Sz7 �0f1 Ea. k75�t)0�
1-1/20 METERS( 00 Ea. S0 t?
2- METERS ® �50�fl0 Ea. #
. 2-1/2 METERS® ...........:
... ................- ...._...... .................._................
1:' 1-1/2-METER ;.....5445 00 Ea. 5445 0(?
.. ..................
Landscape Service Connections
1 ; 1' METERS ® <.....5275 00. Ea. 5275 00:
.. . 2 2' METERS ® ;SQO Q0< Ea.
,040 Oil
(c)Frontage
____ _ _.._ __..... . .. _...
LF ® /IX xa o0
LF ® /LF SO oo
(d)Fire Hydrant Charge
..........................................
(Zone District R 1,MG..M )
592344.0:. SF® S0.75:::/100 SF $4,442 S8
(e)Transmission Grid Main
... ................. .....
(UGM Reimbursement Area No. D )
20..84 AC ® 5560.00 /AC $11,670 40.';
AC ® /AC :40.00:
Less TGM Credits [ $17,675 50::. ]
Net TGM Charge0
(t)UGM Well Development Charge
. . .... ........... .. ..
. .............. . .......
...................... .....
(Supply Well No. 501 )
20.84<i AC ® 51,522.00 /AC 531,718 48;
Less Well Credits [ _ . 0 00 ]
.. .
...... ...............................
. . ............................
Net Well Charge $31.,718.48
(g)Water Construction Charge
i 17.00 LOTS ® 1.25 /LOT $146.25 :
page 7 EXHIBIT -1
•TAM 1w.4606=M 332 t,AIJ6"ArA
.'r
m
(h)(Well Bad Treatment Fee
Unib by:
Well Head Tratment Service Area
tiziiti.,v,,�.. ..J44rvk}Y\\4 }Y.�:i'�``.h,"':}�::{Yi.. �.v*, 1::>t4•::y?i:�$i$%fi?::{�...��. •.4� ..
4 4K:':.¢¢i}:4',K•.'S;;'•}i,Y,;:}.}v{ij:
UNITS
is;i4}>i+•�.A..x;{.f}.,K?^:,vY:•;, ® :w<:4:}ti{n'iJf:i:ffff}f:� ............:... :+� ::f '
Well Had Treatment Service Area
K ....:• .K.r wry}ryy�.}, "``�:$:-. -f::
AIM
UNITS
:;�\� i4Y.�:'fi ::)K,''{:;4:-}.:tib:•;: n. :}•`4.y-Z;;}ri::'.::}:;:i:�;ir'••:4'4':',
(i)Recharge Fee
Units by:
Recharge Service Are t
VNaaV
/UNIT
{
Recharge Service Arma
UNITS k
.
Told Water Conneetion Charges(Less et TiefUNIT
Charge) ': '1p € ,,
(13)UGM Major Street Charge;
......... ......__ ......
:?<i'••
AC
/AC
............:..
Lea Major Street Credit [ �"M ]
Net Major Street Charge This Zone f #R
(10 UGM Major Street Bridge Charge
(Zone iBr 2 )
... ,..x.00 AC ® .
b,00• /AC
Lea Major Street Bridge Credit
Net Major Street Bridge Charge
(17)UGM Traffic Signal Charge, ' r
1►OO:.AC ® 8b0�00 /AC1'f .Q
Lea Signal Credit
Net Traffic Si Y
rim Charge
(18)UGM Grade Separation Charge,
(Service Area, Zone:
E-4A )
AC
page 8 87Qfl$ T-
Thtt*o. 4606/UGM 532 03-I
.......................................
.......................................
(19)UGM At-Grade Railroad Crossing Fee, ...,_,..,.. `" �Q« ";
..............................................................
Service Area:
::. ..... AC ® /AC .:: t3a1 ;:
Service Area. :`
Q
AC ® /AC ........ .:::: . .......
.......................................
.......................................
Less At-Grade Railroad Crossing Credit [ « > l
Total UGM At-Grade RR-Xing Fee (}
(20)UGM Trunk Sewer Fee;
._..... . ..... _.. .........
.......................................................................
......................................................................
(Service Area .i
(Zone District _ )
20 84.<AC ® /AC
AC C
LOTS ® /LOT >.
(21) Overlay Sewer Service Area
:::::*:::-::.:20-94..a;AC ® /AC .. Q 00
.......................................
.......................................
.......................................
.......................................
(22)UGM Major Street Right-of-Way Acquisition Charge _.. ._.............. ...
.. ............... ...................
.......................................
.......................................
.......................................
(23)UGM Local Street Acquisition/Construction Charge
...................................
................................... ...
......................................
(24)UGM Major Street Bridge Right-of-Way Acquisition Charge
.......................................
.......................................
.. .............. ....................
.......................................
(25)UGM Right-of--Way Reimbursement Charge .
.......................................
......................................
.......................................
.......................................
(26) Landscape Maintenance District Fee 59,896 20
A. Anticipated Maintenance Cost(Planter Areas)
37940>Sq. Ft. ® 0 23 /S F 8,72620I'
B. Anticipated Maintenance Cost(Median Island)
44
Sq. Ft. ® IS F 50.W0>
C. Incidental Expenses(Legal fees, Publications,Mailings, Engineering)
117:; Lots ® 85 00 /Lot $585:00.
. ........... . .
D. Assessment District Proceedings
117:: Lots ® $5.W /Lot 15W.00,::;
(27) Private Irrigation Line Maintenance Fee
LF ® /L.F So oo
........ .. ... . .................
TOTAL FEES AND CHARGES $215,407.24:*.*
page 9 EXHIBIT -1
` •Ward No.4606/UGM 332 _ •
FEE D
• I .e
M UGM Fire Station Fee
(Servioa Area No.
(Zone District No. `:' NOR
..{, . . :; Deferred byw (O�m J=
:�1v.:: •.v.v::::}:::Acoreas ® •ii::4.L:• /Ac
*Pon Calcubad for the Early M How Apmemut lots.
Mm
For WE .. .. :�:.>r<;.::.�>>: •
Net UGM Fire Station Fee De
(29)UGM Park Fee;
(Service Area No.
: ::>:::3;:<s.:i' .c:.ki•::i<>:rays;
(Zone District No.
<;:<}
Deferred by Co 0.0 (O�ao 1sY°s)...:.,....,
::.>
M1•M1• ...::...M1 ..
:
*Few Calculated for the Early M Home A reerment lots.
lots:ots•
For �•
::.:}:..:::
......................
Net UGM Park Fee Defected ....::<
* The Fee Calculated for the Early Model Home ASm=mt is not deferrable
(30)UGM Trunk Sewer Fee
(Service Area No.
(Zane District No. )
Deferred by Covewmt (Ono 1 mixes)
a
20 .
$4 Ac : /Ac ,....::.:.., maw
w::N
<
QPRO-SUBDIVISION SPREADSHEET-INCLUDES E.C.A.
FILE:QPRO DISK NO.
FILE NAME:
vuTION IA-mgnnd (env rB.C.A.CAWG)
MMEM 20-QSn#nM gtmk III forAw a spummm Rd"71
vm mN!.I -00AIBIIM 46M maw me am m1*mks 6006m)
i
Par 10 I EGBBff'F
................
DDEIDUM TO.SUBDIVISIOl AGREEMN'F
(RIGHT-OF-WAY ACQUISITION)
TRACT NO. 4606
WHEREAS Subdivider is unable to acquire and dedicate to the City all easements and rights-
of-way required for street purposes related to this agreement prior to final map approval; and
WHEREAS Subdivider desires that acquisition of the required right-of-ways be diligently
pursued; and
WHEREAS Subdivider has notified the City (i.e., the Public Works and/or Development
Department Director) of his inability to acquire the necessary easements and rights-of-way, and has
requested that City commence such proceedings as are necessary and proper to acquire said
easements and rights-of-way through negotiation and/or the lawful exercise of its power of eminent
domain; and
WHEREAS the City hereby agrees to use said power of eminent domain at the specific
request and instance of the Subdivider;
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall initially deposit, upon execution of this agreement, the sums set out
in paragraphs 2 and 15, below. Such sums shall be utilized by the City to acquire the necessary
easement and rights-of-way, including but not limited to: just compensation and damages for the
interests acquired, City legal and non-legal staff time as needed to attempt a negotiated purchase,
appraisal fees, court costs and the related expenditures necessary to acquire the easement right-of-
way through the lawful exercise of the City's power of Eminent Domain. If initially deposited funds
are less than the actual full cost to acquire all necessary rights-of-way, the Subdivider shall remit
to the City such additional sums as may be required from time to time to prosecute the matter to
conclusion, such further payments to be made within ten (10) days of the mailing to the Subdivider
of a notice requesting such additional costs. if deposited sums exceed the actual full cost to acquire
the subject rights-of-way, then at the conclusion of acquisition proceedings City shall refund the
difference as soon as the City determines the amount of such excess.
2. Said initial deposit shall include funds necessary for the items specified in Paragraph
15, captioned "Summary of Initial Deposit."
3. Subdivider shall have the option of providing appraisal and title reports from qualified
and reputable appraisers and title companies, subject to approval of the City Attorney, in lieu of
deposit of appraisal and title report fees, providing said reports are issued within 120 days preceding
the adoption of the Resolution of Necessity authorizing the condemnation proceedings.
M
Subdivision Agreement
Tract No. 46061UGM 532
4. Subdivider shall have th further option of engaging his own to neg9tiate
and/or prosecute a condemnation actio for the required easement acquisition. Subdivider's
election, no later than twenty (20) s after the Council of the City of F approves this
agreement, of a reputable and qualifi attorney of his choice, subject to of the,City
Attorney, City shall appoint said atto "y as a special deputy city attorney, p said attorney
executes an agreement with City for at purpose. Said special attorney must, within thirty; (3(�
days of his appointment, file an acti n in eminent domain, and shall apply for an order for
immediate possession of the subject pro 'rty. As soon as is legally possiblecommencing said
proceedings in eminent domain and a lying for said order, said special a. y shall obtain as
order for immediate possession pursuanto Section 1255.410 et seq. of the Code f Civil Procedure.
Said special attorney'may draw upon th funds:deposited hereunder for attorney' fees and costs by
submitting to the City Attorney for his review and approval an itemized wri request therefore
endorsed by Subdivider.
5. Subdivider acknowledges that the initial cash deposits are esti only and will
increase as the litigation proceeds. Subdivider agrees to pay all proper and necessary charges
incurred or paid by City in pursuing the condemnation proceedings to a settlement or final judgment.
City incurs no liability for its failure to accurately or properly estimate the actual costs incurred in
the condemnation action.
6. Following Subdivider's nitial deposit, City may give notice to S1 ibdivider that said
Subdivider shall deposit such addition sums as City deems necessary to con 'nue or cause the
continuation of prosecution of the pr *dingsSubdivider shall pay all such rn ms within tel`(10)
days of the mailing of said notice. 71 a notice shall state what costs have incurred to date,
what additional costs are anticipated; at d how City intends to apply these additio W deposits to, for
example, such items as additional con pensation, damages, court costs, expert witness fees, City
Attorney staff time, City Attorney support staff time, deposition costs, right f way staff time,
copying costs, mailing costs, process se er fees, right-of-way staff fees and costs property owners'
litigation expenses, costs and attorneys fees (when required by law) and such other and further r '
litigation and administrative costs as City shall deem necessary to pursue the coridemnation actim
to final judgment. Subdivider's dissatisfaction with the adequacy or sufficiency of said notice for
any reason shall not excuse Subdivide from any duty or obligation, includinj the obligation to
deposit additional Slims. Prior to the to of any settlement conference set by the superior court
in the eminent domain proceedings ubdivider shall be giver) notice and opportunity to
participate in any decision to settle the a uisition proceedings if the proposed con pensation exceeds
the opinion of value established by the ity's appraisal or the property owner's sisal. However,
such participation shall be limited to a vising City staff where the giving of su h advice does not
interfere with, restrict, delay or imped the City Attorney in the prosecution or i ompromise of the
condemnation proceedings, as he dee s necessary and appropriate in the a rcise of his sok
professional judgment and discretion.
Page 2
Subdivision Agreement
Tract No. 4606/UGM 532
7. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other remedies available
to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may summarily
revoke any and all permits issued to build such project.
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall indemnify
and hold City harmless from any and all costs, fees, damages and expenses incurred
as a result of said proceedings and the termination and abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed and
treat all costs incurred pursuant to this agreement as a debt due and owing to the
City. In this event, the sums so demanded in the notice to deposit shall be presumed
to be proper, necessary and correct for continued proceedings to acquire the
easements. Upon the failure of Subdivider to make timely and full deposit, as
required by the notice, City shall collect interest on the amount demanded, to the
extent said amounts reflect costs actually incurred, and upon any amounts thereafter
incurred, at the rate of ten (10) percent per annum until paid. In any action brought
by the City as the result of Subdivider's failure to timely and fully deposit the
amounts demanded, City may recover its reasonable attorney's fees and litigation
costs.
8. Compliance with the terms and conditions of this agreement is a condition of approval
of any and all UGM, tract map and subdivision map projects which are the subject of the principal
agreement to which this ancillary agreement is a part.
9. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by or for Subdivider in conjunction with said development as security for the
payment of any costs, charges or fees called for by this agreement.
10. Upon recordation of the Subdivision Agreement to which this Addendum is
incorporated by reference, City shall have a lien upon the lands described in paragraph I of said
Subdivision Agreement as security for the payment of any costs, charges or fees called for by this
agreement.
Page 3
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•
t'
Subdivision Agreement
Tract No. 46061UGM 532
11. At the conclusion of any condemnation prococdings, City shall to Subdividet
a final statement of the expenditures o the City relating to the subject aoq . . Fad it of '
City to provide any accounting req ' by this agreement, however, shall not case Su�divkWi
duty to perform any act, particularly duty',to make full and timely deposits accordance with
any demands and notices by the City. Upon rendering of the final accounting W=aamd berein,
Subdivider may question or challenge y 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, d maybe co-mingled with other City fun is in such account
Interest accruing upon any such deposi shall inure to and be credited for the bez efit of Subdivider,
less the City's reasonable or actual co is of administering said account and less any other charges
which may be required or autho ' by law. The parties agree that five ( per cent of the
amount(s) deposited is the reasonable st of administering said account.
13. Time is of the essen a to this agreement since the City y suffer certain
consequences in the event of Subd vider's breach, such as inverse condmnation liability,
Abandonment (by operation of law)of the'condemnation action, an award to the property owner of
his litigation expenses and reasonable attorney's fees and those sanctions impmed by the Permit
Streamlining g Act (Government Code tions 65920, gt .).
14. No partial invalidity of this agreement shall invalidate the rem ' der.
i
i
i
i
w
i
Page 4
- I
A
i
S
l
Subdivision Agreement
Tract No. 4606/UGM 532
15. Summary of Initial Deposit.
Item: Amount Deposited:
Original valuation or property $6,000.00
acquisition cost
Right-of-way staff time $1,500.00
Attorriey's fees and costs (assuming a $3,000.00
negotiated settlement after filing of
complaint in eminent domain)
------------------------------------
------------------------------------
Subtotal $10,500.00
Contingency (ten percent of subtotal) $5,000.00
------------------------------------
------------------------------------
TOTAL $15.500.00
* This estimate may be subject to revision upon receipt of a formal appraisal report from
Real Property Analysts. It should also be noted that the proposed right-of-way has not yet
recieved final approval from the Public Works Department.
Page 5