HomeMy WebLinkAboutT-4631 - Agreement/Covenant - 8/17/2006 P. W. File No. 9637 Public Works Department
UGM No. 502 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 4631
Phase II of Tentative Tract No. 4537
THIS AGREEMENT is made this ;F,?kv day of , 19-2P--" ,by and
between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called
the "City," and ASSEMI DEVELOPMENT, INC., a California Corporation,
1396 West Hemdon Avenue, Suite 101, Fresno, California 93711, hereinafter designated and
called the "Subdivider," without regard for number or gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the
City, and known and described as Tract No. 4631, Phase II of Tentative Tract No. 4537, a
copy of which map is attached to and made a part of this Agreement, and said Subdivider has
requested the City to accept the dedications delineated and shown on said map for the use and
purposes specified thereon, and to otherwise approve said map in order that the same may be
recorded, as required by law.
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 2
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.
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:
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 3
1. The Subdivider shall:
a. Perform the work and improvements hereinafter specified on or before
August 31, 1995, except the sidewalk, (excluding driveways without sidewalks which
may be further deferred upon written request to the Public Works Director) construction;
b. Lot comer monumentation shall be completed upon construction of the
residential dwellings in Tract No. 4631 but no later than August 31, 1996, to the
satisfaction of the Director of Public Works and/or the City Engineer,
c. The Subdivision lot and buffer trees shall be planted by August 31, 1996, or'
upon occupancy of each individual dwelling, whichever occurs first, to the satisfaction of
the Director of the Parks Recreation and Community Services Department;
d Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the Uniform Fire Code (UFC). The Subdivider's
attention is particularly called to UFC Sections 10.105(c), 10.201, 10.401, 10.402,
10.403, and 10.502 shown in Exhibit "A" attached hereto and hereby made a part of this
Agreement. No occupancy permit shall be issued until an approved "all weather" street
frontage and access is constructed with approved streetlighting on line and operational.
The issuance of any occupancy permits by the City for dwellings located within said
subdivision shall not be construed in any manner to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision;
e. When a delay occurs due to unforeseen causes beyond the control and without
the fault or negligence of the Subdivider, the time of completion may be extended for a
period justified by the effect of such delay on the completion of the work. The
Subdivider shall file a written request for a time extension with the Director of Public
Works prior to the above noted date, who shall ascertain the facts and determine the
extent of justifiable delays, if any. Extension of time for completion of improvements
(including street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial estimated total
improvement cost. The 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.
` Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 4
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot comers required to locate
land divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's
final acceptance of the subdivision and release of securities, the Subdivider shall
submit evidence to the City of Fresno of payment and receipt thereof by the
Subdivider's engineer or surveyor for the final setting of all monuments required in
the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention
is directed to the installation of street lights in accordance with Resolution
No. 68-187 and Resolution No. 78-522 or any amendments or modifications which
may be adopted by Council prior to the actual installation of the lights. The
Subdivider shall construct a complete underground street light system as approved
by the Traffic Engineer prior to final acceptance of the subdivision. Height, type,
spacing, etc., of standards and luminaires shall be in accordance with Resolution
Nos. 78-522
and 88-229 or any amendments or modifications which may be adopted by Council
prior to the actual installation of the lights and shall be approved by the City Traffic
Engineer.
Section 12-1011(h) of the City of Fresno Municipal Code requires the
undergrounding of overhead utilities within the subdivision. Completion of all
undergrounding of overhead utilities will be required by Construction Management
prior to release of securities.
c. Water main extensions and services 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.
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 5
h. Wet-Ties shall be in accordance with Sections 14-107 and 14-111 of the
Fresno Municipal Code. The amounts identified in the Early Sewer, Water and
Storm Sewer Agreement, dated AtAL&7- s*4 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. 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
of all lots which back-onto the North West Avenue frontage of the subdivision.
The Subdivider has executed a covenant with the City of Fresno guaranteeing
maintenance of the required landscaping until such time as a Maintenance District
has been formed to provide for continued care and maintenance of the required
landscaping. The Subdivider also agrees to sign a petition asking the Council to
include this Tract in the existing District.
j. As a condition of final map approval, the Subdivider is required to pay a
street tree fee in accordance with the master fee resolution. In lieu of paying the
street tree fee, the Subdivider has accepted responsibility for the buffer street tree
planting and has posted performance security in the amount of Six Hundred and
00/100 Dollars ($600.00) to guarantee planting and maintenance by the Subdivider
until the City accepts the required buffer street trees for maintenance purposes.
Prior to planting any street trees in the subdivision, the Subdivider agrees to submit
a detailed landscaping plan for the above named landscape easement along the
North West Avenue frontage of the subdivision to the City Parks Department for
approval. The plan shall include the types, location, and number of trees and show
all landscaping proposed for planting on public and/or City controlled property.
The Subdivider agrees that the City shall not be obligated to accept any tree for
maintenance purposes which is not included in the approved landscaping plan.
4. Construct and install all work shown on the following referenced plans together
with all other street improvements required by Section 12-012 of the Fresno Municipal Code
in accordance with the City of Fresno standard specifications and the construction plans.
a. City Drawing Nos.: 10-C-6844 through 10-C-6856 with Water Job
No. 4163 (13 sheets), inclusive; 15-C-8803 through 15-C-8817 (15 sheets),
inclusive and 4-C-369 (1 sheet), inclusive;
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 6
b. Fresno Metropolitan Flood Control District Nos.: AB-7-1 through
AB-7-5 (5 sheets), inclusive, unless specifically omitted herein.
5. The Subdivider has deposited with the City the sum of Two Hundred Ninety-Six
Thousand Four Hundred Twenty and 76/100 Dollars ($296,420.76) for the total fees and
charges obligations as a condition of final map approval. The total fees and charges are more
particularly itemized in Exhibit "B" attached hereto and hereby made partof this agreement.
6. Subdivider has paid to the City of Fresno, in accordance with Article 13,
Chapter 13 of the Fresno Municipal Code, the required fee to defray the costs of constructing
planned local drainage facilities for the removal of surface and storm waters from the
subdivision.
7. 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.
8. Prior to the approval by the Council of the City of said final map, the Subdivider
shall furnish to the City:
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 7
a. Performance security in the sum of Six Hundred Twenty-Five Thousand
and 00/100 Dollars ($625.000.00), which is equal to 100% of the total estimated
cost of the work required. Five percent (5%) of said amount,Thirty-One Thousand
Two Hundred Fifty and 00/100 Dollars ($31,250.00), shall be cash or a Certificate
of Deposit; the remaining 95%, Five Hundred Ninety-Three Thousand Seven
Hundred Fifty and 00/100 Dollars ($593,750.00) shall be in the form of a bond or
irrevocable instrument of credit; all to be conditioned upon the faithful performance
of this Agreement; and
b. Payment security in the sum of Three Hundred Twelve Thousand Five
Hundred and 00/100 Dollars ($312,500.00), which is equal to 50% of the total
estimated cost of the work required to secure payment to all contractors and
subcontractors performing work on said improvements and all persons famishing
labor, materials or equipment to them for said improvements.
Bonds shall be by one or more duly authorized corporate sureties subject to the
approval of the City and on forms furnished by the City.
c. Performance security in the sum of Six Hundred and 00/100 Dollars
($600.00), which is equal to 100% of the total estimated cost of buffer street tree
planting and maintenance required. One hundred percent (100%) of said amount
shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful
performance of this agreement.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
9. On acceptance of the required work, warranty security shall be furnished to or
retained by the City, in the amount of Eight Thousand Six Hundred Twenty-Five and
00/100 Dollars ($8,625.00), 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.
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 8
10. This Agreement shall in no way be construed as a grant by the City of any rights to
Owner to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
11. The City shall not be liable to the Subdivider or to any other person, fum or
corporation whatsoever, for any injury or damage that may result to any person or property by
or from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify,
defend, and save the City harmless from and against any and all injuries to and deaths of
persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be
caused, resulting directly or indirectly from the performance of any or all work to be done in
and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, either directly or
indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and
subcontractors, while engaged in the performance of said work. The Subdivider further -
agrees that the use for any purpose and by any person of any and all of the streets and
improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider
at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12. The Subdivider shall remedy any defective work or labor or any defective materials
and pay.for any damage to other work resulting therefrom which shall occur within a period
of one (1) year from the date of acceptance of the work.
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 9
13. 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.
14. 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 fig to meet the City's requirements shall be reordered
by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and
any required retesting due to failures shall be made directly to the Subdivider or his agent.
15. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
16. 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
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 10
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.
17. 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.
18. 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.
19. 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
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 11
streets with water or the laying of a dust coat of oil thereon with sufficient frequency to
prevent the scattering of dust by wind or the activity of vehicles and equipment onto any
street area or private property adjacent to the subdivision. Whenever in the opinion of the
City Engineer adequate dust control is not being maintained on any street or streets as
required by this paragraph,the City Engineer shall give notice to the Subdivider to comply
with the provisions of this paragraph forthwith. Such notice may be personally served upon
the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this
Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice
may be mailed to the Subdivider at his address on file with the City Engineer. If, within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48)
hours after the mailing thereof as herein provided, the Subdivider shall not have commenced
to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust
control, the City Engineer may, without further notice of any kind, cause any such street or
streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust,
by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost
to City of such sprinkling or oiling. When the surfacing on any existing street is disturbed,
this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14)
calendar days, and the roadway shall be maintained in a safe and passable condition at all
times between the commencement and final completion, and adequate dust control shall be
maintained during these operations.
Subdivision Agreement
Tract No. 4631
Phase II of Tentative Tract No. 4537
Page 12
20. 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.
21. 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.
22. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of
City.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
RAYMOND G. SALAZAR, DIRECTOR tM�.DEVELOPMENT, INC., a
CPUBLIC WORKS DEPARTMENT CaliCorporation
By:
ATTEST: Farid Assemi, Presided
JACQUELINE L. RYLE
CITY CLERK
By
Deputy
APPROVED AS TO FORM:
JAMEOUGH
Cit Atto ey
B (Attach Notary Acknowledgment)
RL:cnn:LAND442/+7008:GL19 L77-L89
State of California* )
ss
County of Fresno }
On July 22, 1994, before me, DORIS O'NEAL, Notary Public, personally appeared FARID
ASSEMI, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
' OFr TCIAL SEAL
�-` CORIS O'NEAL '
; n•'-NOTARY P,,31 iC CALIFORNIA
r�t��Af,l TliL;P.E COUNTY
+ `,r✓ M Comm
Y EaQr.BS NOv +8.199a
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TITLE OR TYPE OF DOCUMENT: Subdivision Agreement,Tract 4631, Phase II of Tentative Tract No.
4537
NUMBER OF PAGES: 12, Exhibit A, 6 pages; Exhibit B, 10 pages
DATE OF DOCUMENT: Undated
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1991 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division 1
GENERAL .
Scope
Sec. 10.101. Fire protection shall be in accordance with this article.
Definitions
Sec. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM,
FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see
Article 9.
Permits
Sec. 10.103. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public
highways, alleys or private ways open to or generally used by the public. See Section 4.108.
EXCEPTION: A permit is not required for persons employed and authorized by the
water company which supplies the system to use or operate fire hydrants or valves.
Tampering with Fire-protection Equipment and Site Barriers
Sec. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances
belonging to or under the supervision and control of the fire department shall not be molested,
tampered with, damaged or otherwise disturbed unless authorized by the chief.
(b) Fire Hydrants and Fore Appliances. Fire hydrants and fire appliances required
by this code to be installed or maintained shall not be removed, tampered with or otherwise
disturbed except for the purpose of extinguishing fire, training, recharging, or making necessary
repairs, or when allowed by the fire department. When a fire appliance is removed as herein
allowed, it shall be replaced or reinstalled as soon as the purpose for which it was removed has
been accomplished.
(c) Site Barriers. Locks, gates, doors, barricades, chains, enclosures, signs, tags,
or seals which have been installed by the fire department or by its order or under its control
shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner-.
EXHIBIT "All PAGE 1
1991 UNIFORM FIRE CODE
EXCEPIZON: When authorized by the chief or performed by public officers
acting, within their scope of duty.
Obstruction, Identification and Protection of Fire Hydrants and Fire-
protection Equipment
Sec. 10.105. (a) Obstruction. Posts, fences, vehicles, growth, trash, storage and other
materials or things shall not be placed or kept near fire hydrants, fire department inlet
connections or fire-protection system control valves in a manner that would prevent such
equipment or fire hydrants from being, immediately disceriuble. 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 tilarkers. 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 borne and recreational vehicle parks shall provide and maintain fire
hydrants and access roads in accordance with Divisions H and IV.
EXCEPTION: Recreational vehicle parks located in remote area shall be
provided with protection and access roadways as required by the chief.
EXHIBIT "A" PAGE 2
• 1991 UNIFORM FIRE CODE
Division 11
FIRE APPARATUS ACCESS ROADS
General
Sec. 10.201.Fire apparatus access roads shall be provided and maintained in accordance
with this division.
Plans
Sec. 10.202.- Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
Required Access
Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or moved into or within the jurisdiction when any
portion of the facility or any portion of an exterior wall of the first story of the building, is
located more than 150 feet from fire apparatus access as measured by an approved route around
the exterior of the building or facility.
EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified by the
chief.
2. When access roads cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief is authorized to require addi-
tional fire protection as specified in Section 10.501 (b).
3. When there are not more than two Group R, Division 3, or Group M
Occupancies, the requirements of this section may be modified, provided, in the opinion
of the chief, firefighting or rescue operations would not be impaired.
More than one fire apparatus road shall be provided when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high-piled combustible storage, see Section 81.109 (a).
For open yard storage, see Section 30.102.
For hazardous materials, see Article 80.
For fire safety during construction, alteration or demolition of a building, see Section
87.103 (b).
EXHIBIT "A" PAGE 3
r
1991 UNIFORM FIRE CODE
Specifications
Sec. 10.204. (a) Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6
inches.
EXCEPTION: Upon approval by the chief, vertical clearance may be reduced,
provided such reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
Vertical clearances or widths shall be increased when, in the opinion of the chief,
vertical clearances or widths are not adequate to provide fire apparatus access.
(b) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather
driving capabilities.
(c) Turning Radius. The minimum radius of a fire apparatus access mad shall be as
approved by the chief.
(d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
(e) Bridges. When a bridge is required to be used as access under this section, it shall
be constructed and maintained in accordance with the applicable sections of the Building Code
and shall use designed live loading sufficient to carry the imposed loads of fire apparatus.
(f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief.
Obstruction
Sec. 10.205. The required width of a fire apparatus access road shall not be obstructed
in any manner, including parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all times.
Marking -
Sec. 10.206. When required, approved signs or other approved notices shall be provided
and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction
thereof or both.
Division III
FIRE DEPARTMENT ACCESS TO BUILDINGS
Premises identification
Sec. 10.301. (a) General. Approved numbers or addresses shall be placed on all new
and existing buildings in such as position as to be plainly visible and legible from the street or
road fronting, the property. Said numbers shall contrast with their background.
(b) Street or Road Signs. When required by the chief, streets and roads shall be
identified with approved signs.
EXHIBIT "All PAGE 4
1991 UNIFORM FIRE CODE
Key Boxes
Sec. 10.302. When access to or within a structure or an area is unduly difficult because
of secured openings or where immediate access is necessary for life-saving or firefighting
purposes, the chief is authorized to require a key box to be installed in an accessible location.
The key box shall be a type approved by the chief and shall contain keys to contain necessary
access as required by the chief.
Shaftway Marking
Sec. 10-303. Exterior windows in buildings used for manufacturing or for storage on
shaftways or other vertical Means of storage purposes which open dire communication between
two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at least.
6 inches high on a white background. Warning signs shall be easily discernible from the outside
of the building. Door and window openings on such shaftways from the interior of the building
shall be similarly marked with the word SHAFrWAY 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. 'fie sign shall consist of
letters having principal stroke of not less than 3/4 inch wide and at least 6 inches high on a
contrasting background. Required fire department access doors shall not be obstructed or
eliminated. See Article 12 for exit doors.
(b) Access Doors and Openings. For firefighting purposes, access doors, openings and
exit doors shall be provided and readily accessible in occupancies as required by the Building.,
Code.
For access doors for high-piled combustible storage, see Section 81.109 (b).
Floor Openings
Sec. 10.305. Floor openings shall be surrounded by guardrails as set forth in the Building
Code or shall have covers which are automatic closing or maintained in a closed position at all
times.
Division IV
WATER SUPPLIES FOR FIRE PROTECTION
General
Sec. 10.401. An approved water supply capable of'supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities, buildings or portions of
buildings are here after constructed or moved into or within the jurisdiction. When any portion
EXHIBIT "A" oArF &
■
1991 UNIFORM FIRE CODE
of the facility or building protected is in excess of 150 feet from a water supply on a public
street, as measured by an approved route around the exterior or of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the chief.
Type of Water Supply
Sec. 10.402. Water supply may consist of reservoirs, pressure tanks, elevated tanks,
water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by the provision in Appendix M-A.
Fire Hydrants
Sec. 10.403.The location, number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street or on the site
of the premises or both to be protected as required and approved by the chief. Fire hydrants
shall be accessible to the fire department apparatus by roads meeting the requirements of
Division H.
For fire safety during construction, alteration or demolition of a building, see
Section 87.103 (c).
Division V
INSTALLATION AND MAINTENANCE OF
FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS
General
Sec. 10.501. (a) Type Required. The chief is authorized to designate the type and
number of fire appliances to be installed and maintained in and upon all building,s and premises
in the jurisdiction other than private dwellings. This designation shall be based upon the relative -
severity of probable fire, including the rapidity with which it may spread. Such appliances shall
be of a type suitable for the probable class of fire associated with such building or premises and
shall have approval of the chief.
(b) Special Hazards. For occupancies of an especially hazardous nature or where special
hazards exist in addition to the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, the chief is authorized to require additional safeguards consisting
of additional fire appliance units, more than one type of appliance, or special systems suitable
for the protection of the hazard involved. Such devices or appliances may consist of automatic
fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or
portable fire extinguishers, suitable fire blankets, g apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated or dry chemical or other special fire extinguishing systems.
Where such systems are provided, they shall be designed and installed in accordance with the
applicable Uniform Fire Code Standards.
(c) Buildings under Construction. Fire-protection equipment and systems shall be
installed and maintained in buildings under construction in-accordance with Article 87.
EXHIBIT "A" P4r;F s
1991 UMFORM FM CODE
Timing of installation _
Sec. 10:502. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and
made serviceable prior to and during the time of rnstivction.
EXCEPTION: Whm alternate methods of protection, as approved by the chief. we
provided, the above may be modified or waived.
EXHIBIT "A"
Tract No. 46311UGM 502 07-Jul-9
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (209)498-4451
BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERINGSECTION
....... . .. .................. ... .
.. ......... ........ .............
2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No.
PREPARED BY: LOUIS ROCHA UGM No. 502
CHECKED BY: P.W. FILE No. 9636
_ __. ......__..
TRACT NAME: PHASE 11 OF TENTATIVE TRACT NO.4537
SUBDIVIDER(AS PER MAP)
ASSEMI DEVELOPMENT, INC.,>A California Corporation
ADDRESS: 1396 West Herndon Avenue, Suite,# 101
Fresno,California 73711
(209)436-0900 APN:405-080=1&2, 405-113-01,&405-128-01',
SUBDMSION CALCULATION SHEET (Includes Early Construction Agreement Calculations)
(Bonding Amounts)
la. Water Construction
Engineer's Estimate $130,132.00,
Adjustments ($18,975:.00)
Adjusted Cost Estimate $111,157.00 $111,157.00
lb. Water Well Construction
Engineer's Estimate
Water Well Head Treatment
Adjusted Cost Estimate $0.00 $0.00
lc. Water Construction (Part of Early Agreement)
Engineer's Estimate $65,520.00
Adjustments $2,300.00
Adjusted Cost Estimate $67,820.00 $67,820.00'
page 1 I EXHIBIT "F
• Tract No. 46311UGM 502 07-Jul-9
2a. Sewer Construction
. ....... .... . ..... . ....
Engineer's Estimate $129,202.00,'`
Adjustments ($4,036.00)
Adjusted Cost Estimate $125,166.00 $I25166 00
2b. Sewer Construction (Part of Early Agreement)
Engineer's Estimate $69,022:00
Adjustments ($654.00)
Adjusted Cost Estimate $68,368.00 ;$68,368 00
3. Storm Sewer Construction (Part of Early Agreement)
Engineer's Estimate $12,260.00
Adjustments $778.00
Adjusted Cost Estimate $13,038.00 $13,038.00
4. Street Construction (Part of Early Agreement)
Engineer's Estimate
Adjustments
Adjusted Cost Estimate $0.00 $0.00
4a. Street Construction
Engineer's Estimate $188,913.70
Adjustments ($15,350..00)
Engineer's Estimate(UGM)
Adjustments(UGM)
Storm Drain Construction $52,773.00
Adjustments $0.00
page 2 EXHIBIT "F
Tract No. 4631/UGM 502 07-Jul-9
Street Construction Continued
Landscape, Fence and Irrigation Construction
Perimeter Masonry Wall or Solid Fence Construction
347 LF $35.00 /LF $12,145.00.
Landscape/Irrigation Construction
5205 SF $2.00 /SF $10,410.00'
Median Island Landscaping
® 50.00
.... . .. ........ ..................
. ........ . .........................
Adjusted Cost Estimate >;$248,891:70
E-1 Type Electroliers
3' ® $3,000.00'' Ea $9,000,00',
E-2 Type Electroliers
25 ® $2,500.00 Ea $62,500,00.'
Safety Lighting
® Ea 50.00''
Total Adjusted Street Estimate $320,391.70` $320,3.01.70 `.
Total for Inspection Fee Calculations $5561714.70
Early Construction Agreement Total (For Inspection Fee Calculations) $1492226.00
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations $556,7,14.70
7% of First $10,000.00($300.00 min) $700.00»
4% of next $490,000.00 $19,600.00
2.5% of cost over$500,000.00 $1,417.87
Sub-Total Inspection Fees $21,717.87
Less Inspection Fees paid with the E. C. A. $6,269.00
Total Inspection Fees $15,448.87
page 3 EXHIBIT -F
• Tract No. 46311UGM 502 07-Jul-9,
.......................................
...... ... ..........................
Sub-Total For Construction Cost Bonding 5556,714.70
Lot and Block Corners, 182 ® $50.00 Ea $9300.00
....................... ............
. .......................... ..........
.......................... ...........
Sub-Total For Construction Cost Bonding 5565,814.70
.......................................
......................................
............ .......................
Construction Contingency
........................... ...........
............................ ..........
Total Estimated Construction Cost $625,000 00
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
................. ... .. .......... .
.................. ............. ...
............ ............ .... .....
Total Inspection Fees .$154.48.87
Total Estimated Construction Cost $625,00.0. OQ'
SECURITY CALCULATIONS
Performance Security
100% of the Total Estimated Construction Cost $625,00.0.00
5% Security Deposit(Cash or C.D.) $31,250.00
Performance-95% $593,750.00
Payment Security
Labor&Materials-50% $312,500.00
Warranty Security:
5% of First$50,000.00 $2,500.00
3% of Next$50,000.00 $1,500.00
1% of Next$400,000.00 $4,000.00
1/2% of Costs Over$500,000.00 $625.00
Total Amount to be Retained for Warranty $8,625.00
page 4 EXHIBIT "F
.. Tract No. 4631/UGM 502 07-Jul-9
SUBDIVISION FEES AND CHARGES
(A) Perform and construct all work shown on the following referenced plans.
City Drawing Nos: 10-0=6844 Thru 10-C-6856 with Water Job No.4163(13 sheets).inclusive;
15-C-8803 Thru 15-C-8817(15 sheets),inclusive;and 4-C-369(I sheet),inclusive.
Fresno Metropolitan Flood Control District Nos: AB-J-1 Thru AB-1-5(5 sheets), inclusive..
unless specifically omitted herein.
(B)The Subdivider has deposited with the City the stun of
Two Hundred Ninety-Six Thousand Four Hundred Twenty and 76/100
Dollars
($ $296,420.76 ) for the following:
.....................................
.......................................
......................................
(1) Inspection Fees $15,448 87
(2) Monument Check Fee
70 LOTS $30.00 > /LOT(Min$200.00) $2,100 00
(3) Intersection Signing,
8 ® $173.00''ea $1,384.00
(4) Traffic Regulatory/Warning Signing,
1 ® $77.00 ea $77.00:;
(5) Street Trees
(City planted lot trees to be maintained by the lot owners.)
. .. . .. .. . . ..... ...........
154 Trees® $100.00 /Tree $15,400.00
Street Tree Inspection Fee(privately planted buffer trees to be maintained by the
City's Landscape and Lighting Maintenance District No.1)
Trees®$ $25.00 /Tree $0.00.'
Street Tree Inspection Fee Required 1 (0=no 1=yes) $134.00'«
(6) FMFCD Drainage Fee Zone District N/A
Ac ® /Ac $0.00'
(7) Sewer Trench Water Compaction Charge, (Paid with E.C.A.)
CY ® /CY '$0.00..
page 5 1 EXHIBIT "1:
Tract No. 4631/UGM 502 07-Jul-9
.......
......................................
.....................................
(8) UGM Fine Station Fee; $3,781:26
(Service Area No. 2 )
(Zone District No. R-1-B/UGM& ' .R-1-C/UGM )
Deferred by Covenant 0'''(O=no 1=yes)
28.78 Acres ® $122.00 /Ac $3,511.16
(Service Area No. 2 )
(Zone District No. R-1-E/UGM )
Deferred by Covenant 0"(O=no 1=yes)
3.65Acres ® $74.00 /Ac $270.10
Total UGM Fire Station Fee Due: $3,781.26:
............................. ........
.......................................
(9) UGM Park Fee; $15,434:74
. . ........... . ... ..........
.. .. ............. ... .........
(Service Area No. 6 )
(Zone District No. R-1-B/UGM& R-1-C/UGM )
Deferred by Covenant 0` (0=no 1=yes)
28.78 ' Acres ® $498.00 /Ac $14,332.44
(Service Area No. 6 )
(Zone District No. R-1-E/UGM )
Deferred by Covenant 0 (0=no 1=yes)
3.65 Acres ® $302.00 /Ac $1,102.30;
Total UGM Park Fee Due: $15,434.74
(10) Sanitary Sewer Connection Charges $72,837''.50
(a) Lateral Charge
North West Avenue
150.00 LF ® $5.00 /LF $750.00
West Spruse Avenue
1191.34 LF ® $10.00 /LF $11,913.40''
North Warren Avenue
158.46 LF a $10.00 /LF $1,584.60
North Van Ness Boulevard
426.27 LF ® $10.00 /LF $4,262.70
(b)Oversize Charge
(UGM Reimbursement Area No. 10 )
Oversize Charge for 12.86ac. paid w/ FT-2829
19.57 Ac $240.00 /Ac $4,696.80
Ac ® /Ac $0.00
Less Oversize Credits [ ]
Net Oversize Charge $4,696.80
page 6 EXHIBIT -1
Tract No. 4631/UGM 502 07-Jul-9
' (c)Trunk Sewer Charge
............. .... . . . . .
.. . ........... . ... . . .
Trunk Sewer Service Area Herndon
70 UNITS ® $709.00 /UNIT ,$49,630.00
Total Sewer Connection Charges $72,837.50
...................................
(11) Water Connection Charges 477,680:34
(a) "Wet-Tie" Charge(Paid with the E.C.A.) $8,100.00;;
(Estimate No. E-13563 )
(Water Job No. 4163 )
(b)Tap Charge(Service Connections)
Lots: 2-4, 7-11,&52
9' 1-1/2" METERS® ' $340.00 Ea. $3,060.00
All Other Lots:
61'' 1-1/2" METERS® $470.00'' Ea. $28,670.00
Lots: 2-4,7-11, &52
9 1-1/2" SERVICES $880.00 Ea. $7,920.00
Landscape Service Connections
North West Avenue
1 1" METERS ® $320.00 Ea. $320.00
1-112" METERS® Ea. $0.00'
(c) Frontage Charge
North West Avenue
346.88 LF ® $3.25 /LF $1,127.36
West Spruse Avenue
1191.34 LF ® $6.50 /LF $7,743.71
North Warren Avenue
158.46 LF ® $6.50 /LF $1,029.99'
North Van Ness Avenue
426.27 LF ® $6.50 /LF $2,770.76
(d) Fire Hydrant Charge
(Zone District R-1-B/UGM,R-1-C/UGM &R-1-E/UGM)
1134963.0 SF 0 $0.75 /100 SF $8,512.22
(e)Transmission Grid Main
(UGM Reimbursement Area No. A )
TGM Charge for 12.86 ac. paid w/FT-2829
19.57 AC ® $560.00 /AC $10,959.20
AC ® /AC $0.00
Less TGM Credits [ ]
Net TGM Charge $10,959.20
page 7 EXHIBIT -F
• Tract No. 4631/UGM 502 07-Ju1-9.
(f) UGM Well Development Charge
(Supply Well No. 90 )
Water Supply Well Charge for 12.86 ac. paid w/FT-2829
19.57'' AC ® $280.00'`' /AC $5,479.60'"
Less Well Credits [ ]
Net Well Charge $5,479.60''
(g)Water Construction Charge
70.00UNITS ® $1.25 /UNIT $87.50:'
Total Water Connection Charges (Less Wet Tie Charge) $77,6$0.34
.......................................
.......................................
.......................................
(12) UGM Major Street Charge;
AO
(Zone
(Zone C/D-2 )
31.47 AC ® $1,930.00 /AC " $60,737.10
Less Major Street Credit [ ]
Net Major Street Charge This Zone $60,737.10
(13) UGM Major Street Bridge Charge $2,045.55.:::.
(Zone CID-2 )
31.47 AC (a $65.00 /AC $2,045.55
Less Major Street Bridge Credit [ ]
Net Major Street Bridge Charge $2,045.55
(14)UGM Traffic Signal Charge, $27,064.20
31.47 AC ® $860.00 /AC $27,064.20'
Less Signal Credit [ ]
Net Traffic Signal Charge $27,064.20
(15) UGM Grade Separation Charge,
(Service Area, Zone: N/A )
AC ® /AC $0.00'>
(16) UGM At-Grade Railroad Crossing Fee, $0.00
Service Area: N/A
AC ® /AC $0.00
Service Area:
AC ® /AC $0.00
Less At-Grade Railroad Crossing Credit [ ]
Total UGM At-Grade RR-Xing Fee $0.00
page 8 EXHIBIT "1
l�
' Tract No. 4631/UGM 502 07-Jul-9,
' i
......................... ..........
. .. .................................
......................................
(17)Landscape Maintenance District Fee 52;296 20
A. Anticipated Maintenance Cost(Planter Areas)
6940 Sq. Ft. ® $0.23 /S.F. $1,596.20'
B. Anticipated Maintenance Cost(Median Island)
Sq. Ft. ® /S.F. $0.00
C. Incidental Expenses(Legal fees, Publications, Mailings, Engineering)
70 Lots ® $5.00 /Lot $350.00;
D. Assessment District Proceedings
70 Lots ® $5:00 /Lot $350.00
$2,296.20
_._.
TOTAL FEES AND CHARGES ; 296,420 76
FEE DEFERRALS
(18) Major Facilities Sewer Charge and Wastewater Facilities Charge
Fee obligation to be paid at the then rate in effect at the time of issuance of building permit.
..... ... ... ...... .. .......
.. ..... ....... ... ... . .......
. . .. .. .. .. ....... .... ........
. .... . ...... ......... .. . ...
(19) UGM Fire Station Fee; $0.06
(Service Area No. 2 )
(Zone District No. R-1-B/UGM &R-1'
-C/UGM)
Deferred by Covenant 0 (0=no 1=yes)
28.78 Acres ® $122.00 /Ac $0.00
(Service Area No. 2 )
(Zone District No. R-1-E/UGM )
Deferred by Covenant 0 (O=no 1=yes)
3.65 Acres ® $74.00 /Ac $0.00'
Total UGM Fire Station Fee Due: $0.00'.
(20) UGM Park Fee; $0.00
(Service Area No. 6 )
(Zone District No. R-1-B/UGM &R-1-C/UGM)
Deferred by Covenant 0 (0=no 1=yes)
28.78 Acres ® $498.00 /Ac $0.00
(Service Area No. 6 )
(Zone District No. R-1-E/UGM )
Deferred by Covenant 0 (O=no 1=yes)
3.65 Acres ® $302.00 /Ac $0.00
Total UGM Park Fee Due: $0.00
page 9 EXHIBIT -1
Trwt No. 4631/UGM 502 07-Jul-9
F
QPRO-RMDIVISION SPREADSHEET-INCLUDES E.C.A.
FILE: QPRO DISK NO. 6
FILE NAME: f T4631A.WQ1
VERMN 1.0—02001/199-4 (new epnndebeet to mohde E.C.A.Glee)
VE L13ON 20—06/19/199-4 (Revired fames r weenow E%bibk'B')
page 10 EXHIBIT "'