HomeMy WebLinkAboutT-4623 - Agreement/Covenant - 8/18/2006 y
SUBDIVISION AGREEMENT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4623
Phase I of Tentative Tract No. 4623
P.W. File No. 9876
�Q
THIS AGREEMENT is made this day of 1' x_, 19 G ` ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and PEACHTREE PARTNERS, a California Ge 7!JpAP rtnership, P. O. Box 9652, Fresno,
California, 93793-9652, hereinafter designated and called the "Subdivider," without regard for number
or Gender.
Subdivision Agreement
Tract No. 4623
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. 4623, 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 construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest in the
Subject Property which may ripen into a fee have subordinated to this instrument.
F. All such instruments of subordination, if any, are attached hereto and made a part of this
instrument.
Subdivision Agreement
Tract No. 4623
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public
ways, easements and facilities as shown and delineated on said map, and the approval of said map for
filing and recording as provided and required by law, it is mutually agreed and understood by and
between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as
follows:
1. The Subdivider shall:
a. Perform the work and improvements hereinafter specified on or before
February 28, 1998, except as noted in (b), (c), and (d) listed below.
b. Sidewalk and driveway approach construction shall be completed on or before
February 28, 1999, (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. Lot corner monumentation shall be completed to the satisfaction of the Director
of Public Works as provided by Code, on or before February 28, 1998, (The
developer may submit a written request to the Public Works Director for an
extension of time to complete lot corner monumentation).
d. Lot trees shall be planted by February 28, 1999, or upon occupancy of any
individual dwelling, whichever occurs fust, to the satisfaction of the director of
the City Parks, Recreation and Community Services Department as provided by
code.
e. Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the Uniform Fire Code (UFC). The Subdivider's
attention is particularly called to UFC Sections 10.105(c), 10.201, 10.401,
10.402, 10.403, and 10.502 shown in Exhibit "A" attached hereto and hereby
made a part of this Agreement. No occupancy permit shall be issued until an
approved "all weather" street frontage and access is constructed with approved
streetlighting on line and operational. The issuance of any occupancy permits by
the City for dwellings located within said subdivision shall not be construed in
any manner to constitute an acceptance and approval of any or all of the streets
and improvements in said subdivision.
Subdivision Agreement
Tract No. 4623
Page 4
f. 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 shall be in
accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which
may be adopted by Council prior to the actual installation of the lights and shall be approved by
the City Traffic Engineer.
Subdivision Agreement
Tract No. 4623
Page 5
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable
charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are surfaced,
or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve this
tract shall be fenced in accordance with City Standards within seven (7) days from the time said
basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance with Estimate No. E-15183. The amounts
identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the
actual cost of construction. Should the actual construction cost be less than the deposit, the
Subdivider shall be refunded the excess. Should the actual construction cost be greater than the
deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be
directly responsible for payment.
L As a condition of final map approval the subdivider is required to install
landscaping and an irrigation system in a 10-foot landscape easement along the rear property
lines of all lots which back-onto North Peach 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 copies of
signed acknowledgements (see Exhibit "C") from each purchaser of a lot within the subdivision,
attesting to the purchaser's understanding that the lot will have an annual landscaping
maintenance assessment and that the purchaser is aware of the estimated amount of the
assessment.
Subdivision Agreement
Tract No. 4623
Page 6
The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works
Department, Engineering Services Division,2600 Fresno Street,Fresno, California 93721-3623.
k. Perform and construct all work shown on the following referenced plans [City
Drawing Nos: 10-C-7230 through 10-C-7236 with Water Job No. 4388 (7 sheets) inclusive;
15-C-9343 through 15-C-9349 (7 sheets) inclusive; Fresno Metropolitan Flood Control District
Drawing Nos: W-12-1 through W-12-3 (3 sheets) inclusive, unless specifically omitted herein.
1. 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.
M. The Subdivider has deposited with the City the sum of Forty-Five Thousand
Twenty-Two and 30/100 Dollars ($ 45,022.30) 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 Six Hundred Thousand and 00/100 Dollars
($ 600,000.00), which is equal to 100% of the total estimated cost of the work required. Five
percent (5%) of said amount, Thirty Thousand and 00/100 ($ 30,000.00), shall be cash or a
Certificate of Deposit; the remaining 95%, Five Hundred Seventy Thousand and 00/100 Dollars
($ 570,000.00) 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
Subdivision Agreement
Tract No. 4623
Page 7
b. Payment security in the sum of Three Hundred Thousand and 00/100 Dollars
($ 300,000.00), 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.
6. On acceptance of the required work, warranty security shall be furnished to or retained
by the City, in the amount of Eight Thousand Five Hundred and 00/100 Dollars ($ 8,500.00), 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 part thereof.
The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and
against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, resulting directly or indirectly from the performance of any
or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises
adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all
Subdivision Agreement
Tract No. 4623
Page 8
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.
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
Subdivision Agreement
Tract No. 4623
Page 9
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.
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
Subdivision Agreement
Tract No. 4623
Page 10
without the subdivision on which work is required to be done under this Agreement from the time work
is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust
control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved
dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity
of vehicles and equipment onto any street area or private property adjacent to the subdivision.
Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any
street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to
comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the
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.
Subdivision Agreement
Tract No. 4623
Page 11
16. Concrete curbs and gutters, the sanitary sewer system and house connections, together
with water mains, gas mains, and their respective service connections, shall be completed in the streets
and alleys before starting the street and alley surfacing.
17. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit
of the parties hereto, their successors and assigns.
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
PEACHTREE PARTNERS, a California General
RAYMOND G. SALAZAR, DIRECTOR Partnership.
PUBLIC WORKS DEPARTMENT
By: %--A��
Frances Huffman, as er
ATTEST:
By. y�;�p�(�j.�r��-•
REBECCA E. KLISCH Bill Huffman, as Partner
CITY CLERK
By: Valley Finest Products, Inc. a California
!tRVED
— Corporation, as Partner
p
AS TO FORM: By: T
'Paul Wasemiller, President
2ey72
ity Atto
BDpty (Attach Notary Acknowledgment)
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 purposes which are installed on water systems and accessible to public highways, alleys
or private ways open to or generally used by the public. See Section 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 for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
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.
PAGE 1 EXHIBIT "A"
1994 UNIFORM FIRE CODE
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.
9015 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipment. See
Sections 902.2.4 and 1001.7.
901.6 Fre 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 Fre 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.
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.
PAGE 2 EXHIBIT "A"
1994 UNIFORM FIRE CODE
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.
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.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
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. Exterior doors and openings required by this code or the 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 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 or other vertical means of communication between two or
more floors shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches
PAGE 4 EXHIBIT "A"
1994 UNIFORM FIRE CODE
(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 SHAFI'WAY 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 or where 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 Fre 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.
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.
PAGE 5 EXHIBIT "A"
1994 UNIFORM FIRE CODE
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. 4623 31-Jan-97
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (209)498-4451
BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION
.......................................
.......................................
.......................................
2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No.
PREPARED B : UGM No.
RE Y
W. F No.
CHECKED B • P. ILE
Y :Alan::EitWa Camt:::::::::::>::>::::>::::>: ::>::::>:::::>::: : >::::::::::::987f► «>:;:::>;<::::
TRACT NAME LOTS
ZONING: GROSS ACREAGE
SUBDIVIDER AS PER MAP NET ACREAGE » :
S
ADDRESS:
SUBDIVISION CALCULATION SHEET
(Bonding Amounts)
la.Water Construction
.......................................
.......................................
Engineer's Estimate 5515Ob
.......................................
.......................................
.......................................
Adjustments233St)0<
Total Cost Estimate
< >i58 » E85
lb.Water Well Construction
.......................................
.......................................
.......................................
Construction Estimate iiii€$t)'_(�€<
.......................................
Water Well Head Treatment
Total Water Well Construction Cost Estimate
2. Sewer Construction
.......................................
.......................................
.......................................
Engineer's Estimatet00` f1
Adjustments '< 670t?fJ<
Total Sewer Construction Cost Estimate 53., . .tib. ...`< Sx.
Revised to Eliminate the Fast Track page 1 1 EXHIBIT "B"
Trict No. 4623 31-Jan-97
3. Street Construction
Engineer's Estimate 19*#t0A>
Adjustments
Storm Drain Construction ?> � 129
?
Adjustments 93:?a4QQ`
Landscape, Fence and Irrigation Construction
Perimeter Masonry Wall or Solid Fence Construction
Ea
Landscape/Irrigation Construction
:.:: Ea
Median Island Landscaping
Ea
.......................................
.......................................
.......................................
Adjusted Cost Estimate $3$ 31000'
E-1 Type Electroliers
MEOW 0 Elk�" Ea
E-2 Type Electroliers
Ea
Safety Lighting
>ii< Ea
Total Adjusted Street Esti
mat
o
Total for Inspection Fee Calculations(Subtotal for Bonding) >``' '! 1.3
INSPECTION FEE CALCULATIONS
.......................................
.......................................
Total for Inspection Fee Calculations ' 55tr0?
...........:...........................
7% of First$10,000.00($300.00 min) 7Qi00
4% of next$490,000.00 r9 G4 a0;<
2.5% of cost over$500,000.00
Total Inspection Fees 23
SubTotal For Construction Cost Bonding
d lock
an B Comers,Lot Corne Ea
Revised to Eliminate the Fast Track page 2 EXHIBIT -B-
Tract No. 4623 31-Jan-97
SubTotal For Construction Cost Bonding `` 5 3 0
.......................................
Construction Contingency '<< S.S ?G ?(l
Total Estimated Construction Cost
(w.9.0..
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
.......................................
.......................................
Total Inspection Fees ' 1x2833':
Total Estimated Construction CostGit) QOQO'
SECURITY CALCULATIONS
Performance Security
100% of the Total Estimated Construction Cost b 0 4OtU
.......................................
.......................................
S% Security Deposit(Cash or C.D.)
.......................................
.......................................
Performance-9596 7ftf0<€
Payment Security
Labor&Materials-5096i 30t `00�M ii
Warranty Security:
.......................................
.......................................
.......................................
5% of First$50,000.00 (70 Q
3% of Next$50,000.00 `€ X}S.....
I% of Next$400,000.00
.......................................
.......................................
1/2% of Costs Over$500,000.00 €€ 3t (tp
Total Amount to be Retained for Warrant ^; fiQ4`OOs
Revised to Eliminate the Fast Track page 3 EXHIBIT 'B"
Trkt No. 4623 31-Jan-97
(A) SUBDIVISION FEES AND CHARGES
The Subdivider has deposited with the City the sum of
�'wo.:aiu�3011►�:.;:::.;>::.;:.;:.;:.;:.;;:.;::.:;.;:;.;:.::.;:.;:.:::. :.; .:,:;:.;:.;::.;:.;:.;;:.:.;;:.;;:.;:.:.;:.;:
..................................
(� >> �4��tS2 ;< ) for the following:
.......................................
.......................................
(1) INSPECTION FEES >> It3
(2) MONUMENT CHECK FEE
LOTS 0
.00.. /LOT in$200.00)
(3) INTERSECTION SIGNING
S< yilili ea
(4) TRAFFIC REGULATORY/WARNING SIGNING
ea
>' Q«
(S) NO PARKING AND BIICE LANE SIGNING
ea
(6) STREET TREES
City planted lot trees to be maintained by the lot owners.
Trees
/Tree
Street Tree Inspection Fee(privately planted buffer trees to be maintained by the
City's Maintenance District
Trees 0$
/Tree
0
= o = es
Field ion Fee D N 1 <�...
F1 ..
............................
.............................
............................
(7) FMFCD DRAINAGE FEE Zone District
/Ac
Ac P >< <
s�ttl.vgr .
.....................
(8) POND MAINTENANCE FEE
SF ..................
F
/SF
...
(9) FRONTAGE ROAD ISLAND LANDSCAPING FEE
LF
(10) SEWER TRENCH WATER COMPACTION CHARGE
Cy ..12..
Revised to Eliminate the Fast Track page 4 EXHIBIT -B-
Tract No. 4623 31-Jan-97
(11) SANITARY SEWER FEES SOtQ
(a)Lateral Charge
Deferred by Covenant 1' (0=no 1—yes)
)
MLF
LF ' < /LF< soo
F
>.. /L f0i1>`:
Total Lateral Charge Due with Agreement
..::
(b) Oversize Charge
Deferred by Covenant i
IAc ito
Ac
Less Oversize Credits
Less Overdepth Credits I ':>< `. l
Net Oversize Charge x6444
Total Oversize Charge Due with Agreement .. ...... .4'Ql
(c)Trunk Sewer Charge
.........................................
Trunk Sewer Service Area
.......................................
.......................................
S
<> 3` UNIT »>» /UNIT
. ...5 .
(Note: Major Facilities Sewer Service Charge and Wastewater Facilities Charge
are to be paid as each lot is developed at the current rate.)
Total Sewer Charges
.......................................
.......................................
.......................................
(12)WATER CHARGES3379!$ 7<
.......................................
.......................................
(a)Time&Material Charges ("Wet-Tie") OR4Ui'
(Estimate No. I $ )
(Water Job No.
(bl) Service Connection Charges
Deferred by Covenant `'> (0=no 1=yes)
»: .
> 3 1 METERS <'; 3tOts Ea.
1,11111111111111.11 ......
1-1/2 METERS 4 € Ea. '::< b ?b
........
...................
Total Service Connection Charges Due with Agreement 4' N)`
(b2) Service Connection Charges Continued
Landscape Service Connections(Not Deferrable by Covenant)
1 METERS Ea
- � Ea �
> 11/2 METERS
® :> » ' 7 '04>:.
METERSEa. >< ...
2
1-1/2" C $0 0Q.
Ea
(c) Frontage Charge
Deferred by Covenant (0=no 1=yes)
.:: ® In/LF
... .. . ..LF >' `'t?0
:::Total Service Connection Char es Due withAgreement
Revised to Eliminate the Fast Track page 5 EXHIBIT 'B"
Tract No. 4623 31-Jan-97
(d)Fire Hydrant Charge
(Zone District 1t 21cti<>
5:. . :;>SF
?<:<:>.3 .1 7 .. /100 SF
(e)Transmission Grid Main Charge
Deferred by Covenant (0 1— es
— —Y....)....
VMMWCAC /AC
Less TOM Credits
Less Trench Resurfacing Credits
Net TGM Charge € 6>
Total TGM Charge Due with Agreement . .... _t
(f)Water Construction Charge
LOTS
' 75../L
UNIT DEFINITION for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply
Units by:
Total Water Charges9 79tY1<
.......................................
(13)LANDSCAPE MAINTENANCE DISTRICT FEE J.¢
....:....................:..............
A. Anticipated Maintenance Cost(Planter Areas)
Sq. Ft. ® <> > € .Q 14> IS.F. <$ b92 9O
B. Incidental Expenses(Legal fees,Publications,Mailings,Engineering)
@Elm
Lots `>/Lo 350.00 Min
$2442
(14)PRIVATE IRRIGATION LINE MAINTENANCE FEE
LF
TOTAL FEES AND CHARGES DUE WITH AGREEMENT45OZ3
Revised to Eliminate the Fast Track page 6 EXHIBIT "B'
Tract No. 4623 31-Jan-97
(B) FEE DEFERRAIS
(I)SANITARY SEWER FEES 5t85
(a)Lateral Charge
Deferred by Covenant
LF
OEM
Total Lateral Charge Deferred by Covenant
(b) Oversize Charge
............................
.............................
............................
(UGM Reimbursement Area No.
Deferred by Covenant
Ac
/Ac
4
Less Oversize Credits
Less Overdepth Credits [ '`< <'
.......................................
Net Oversize ChargergQ
Total Oversize Charge Deferred by Covenant <' b444
(2)WATER CHARGES ;< 2
(a)Service Connection Charges
Deferred by Covenant
<< .:.
1 METERS Ea.
1-1/2 w METERS >� <'::.�€'Z�. ����. Ea.
Total Service Connection Charges Deferred by CovenantGC '
(b)Frontage Charge
Deferred by Covenant
LF
LFNow/LF .. ...............
Total Service Connection Charges deferred by Covenant $ :
(c)Transmission Grid Main Charge
Deferred by Covenant
>as1IaXI AC :SGl4 /AC <'
.....
AC
Less TGM Credits
Less TGM Credits
........................ ..................................................r....6. G ........pNet TGM Charge ..............
Total TGM Charge Deferred by Covenant
TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT -E- 1
2t$O1 '
QPAOSUBDIV=K WRFAMHEE'
FIIE QMO DISK NO. ::5• 4::<t<";c>'::'`i:::::
FMZ NAME
sEt #33;??`?>#E 3E?%`s??:
Revised to Eliminate the Fast Track page 7 EXHIBIT -B-
ACKNOWLEDGEMENT 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. 4623, is subject to an annual assessment currently estimated at $ 25.00
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4623. Me 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.
Me 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
E�[Lj� D 07 00 C 00
FT4623.DOC (January 31, 1997)
State of California
County of Monterey
On March 11, 1997 before me, the undersigned, a Notary Public in and
for said State, personally appeared FRANCES HUFFMAN ------------ ,
perser3a-14r-)a t-bc�-in-- (or proved to me on the basis of satisfactory evidence)
to be the person(W whose name(O is/ate subscribed to the within instrument
and acknowledged to me that-die/she/t-�iey executed the same in-mss/her/t-herr
authorized capacity(iss) , and that by h-i&/her/t-he--ir signature 0 on the
instrument the person(O , or the entity upon behalf of which the person(O
acted, executed the instrnmemt.
WIZNESS my hand and official seal.
KATH L GAMBERIlfii
COMM.*1024247
Notary PJAC—cdNeNa
signature MV C�� UM
COY 19
Name Kathi L. Gamberutti
(typed or printed) (Seal)
STATE OF CALJFORNIA SS.
COUNTY OF Fresno
On Marcb12,-1997 before me, MARGIE ROBINSON
personally appeared
BILL HUFFMAN AND PAUL WASE4ILLER
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 j
their authorized capacity(es),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.
TNESS my hand and official se
Signature CGL ' (Seal)
MARGIE ROBINSON
MARGIE R�1�087121833
COmmbabn
✓ MARGIE ROBINSON
Notary Pl1bAc—Ccfomio
Commission 1087283 Frem County
Notary
Put4c_ 08728 b � ���des Feb 15.2000
Fresno County
MY COMM Expires Feb 15.2000