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HomeMy WebLinkAboutT-4675 - Agreement/Covenant - 8/17/2006 r P. W. File No. 9689 Public Works Department UGM No. 459 City of Fresno SUBDIVISION AGREEMENT Tract No. 4675 Phase II of Tentative Tract No. 4385 Cambridge Homes No. 4 THIS AGREEMENT is made this ?�'�- day of _ je4"-oer , 19'74- , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and CAMBRIDGE HOMES, a California General Partnership, 1386 West Herndon Avenue, Suite 102, 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. 4675, Phase II of Tentative Tract No. 4385, Subdivision A�eeatent Tract No. 4675 Phase II of Tentative Tract No. 4385 Page 2 Cambridge Homes No. 4,a copy of which mo is attached to and made a part of this Agreement,and said Subdivider hasrcqueste&the City to accept the dedicatioas delineated and shown on said map for the use and purposes specified thereon, and to otherwise apptove said map in order that the same may ibe 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, d deems the same as necessary for the public use,and also requires that any and all streets elineated 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 M nicipal 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 hiervinafter in the Agreement mentioned and ad forth in detail, within the time here' after mentioned, in consideration of the acceptance of the offers of dedication by the City of resno. D. The Subdivider desires t construct the improvements and develop the subdivisia L E. The Subdivider hereby warrants that any and all parties having record title interest i in the Subject Property which may Open into a fee have subordinated to this instrument. bordination, if any, are attached hereto and made a part of F. All such instruments of su I this instrument. j In consideration of the accept ce of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on said map,and the approval i J, Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No. 4385 Page 3 of said map for filing and recording as provided and required by law, it is mutially 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 November 30, 1995, except the sidewalk and driveway approach (excluding driveways without sidewalks which may be further deferred upon written request to the Public Works Director) construction; b. Lot corner monumentation shall be completed upon construction of the residential dwellings in Tract No. 4675 but no later than November 30, 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 November 30, 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. • i li Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No. 4385 Page 4 2. The worky, and improve mIs,more Op�ificall shown on the referenced Plow anden made a pmt hereof, shall be done in accordance with the construction standards contained in i the City of Fresno Standard Specifications,"City Standards," adopted September 11, 1984,by i Resolution No. 84-361 and as amen ed, at the,!sole cost and expense of the Subdivider including all costs of engineering, ' pectianiid nesting. 3. The work and improvements are as follows: I a. Construct all lan s,monuments and lot comers required to locate land divisions shown on the FinalMap Pursuant to Section 66497 of th State St bdivision Map Act,prior to the City's final acceptance of the subdivision d release of securities, the Subdivider shall submit evidence to the City of Fresno f payment and receipt thereof by the Subdivider's engineer or surveyor for the f setting of all monuments required in the subdivision. b. All utility systems s be instilled underground. Subdivider's attention is directed to the installation of s eet lights'in accordance with Resolution No. 68-187 and Resolution No. 78-522 or any endin is or modifications which may be adopted by Council prior to the actual inst ation of the lights. The Subdivider shall.construct a complete underground street li ht system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Hei t type, spacing, etc.,of standards and luminaires shall be in accordance with R solution Nos. 78-522 and 88-229 or any amendments or modifications hich ma be adopted by Council prior to the actual installation of the lights and shall be appoved by the City Traffic Engineer. i 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 exte:ity ions and services shall be provided in accordance with applicable provisions of Chapr 9, Artile 5 of the Fresno Municipal Code and all applicable charges shall apply e. Lot drainage shall bin accordance with Section 13-120.7012 of the Fresno Municipal Code. f. All "Dead-End" Streis create by this subdivision shall be barricaded in accordance with City Standardwithin s ven (7) days from the time said streets are surfaced, or as directed by the Engineer. Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No. 4385 Page 5 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 Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified (in the Early Sewer, Water and Storm Sewer Agreement, dated October 31, 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 side property line of all lots, which side on-to the North Polk 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 to guarantee planting and maintenance by the Subdivider until the City accepts the required buffer street trees for maintenance purposes (to secure planting and maintenance until inspection of the required buffer street trees by City Parks Department and acceptance of and maintenance by Subdivider Homeowners Association). 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 Polk 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. Perform and construct all work shown on the following referenced plans together with 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 plan. i Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No.4385 Page 6 � ; t a. City Drawings Nos: 1 -0-6907 10-0-6911 with Wow Job No.4230 (5 shedts), inclusive; 15-C-8859 Sh 1 -C-9868 (10 sheets),inclusive; and 4-C-380 (1 sheet) inclusive; b. Fresno Metropolitan nod Contol District Nos: AK-20-1 through AK-20-2(2 sheets), unless specifically omitt d herein.; 5. The Subdivider has deposi d with a City the sum of One Hundred Ninty-Nine Thousand Ninety-One and 86/100 liars ($109,091.86) for the total fees and charges obligations as a condition of finalapproval. The total fees and charges are more particularly itemized in Exhibit "B" ttached hlereto and hereby made part of this Agreement. I 6. Subdivider has paid to the City of Fresno, in accordance with Article 13,Chapter 13 of the Fresno Municipal Code, th regnired fee to defray the costs of constructing planned local drainage facilities for the remo al of surface and storm waters from the subdivision. 7. It is reed that the Ci s all ins It all work. All of the work and improvements � � lx� p and materials shall be done, perform d and installed in strict accordance with the approved construction plans for said work on Ile in the Office of the City Engineer of the City and the I � Standard Specifications of the City, hich said plans and specifications and standards are hereby referred to and adopted and ade a pat of this Agreement. In case these are not any standard specifications of the City f r any of said work, it is agreed that the same shall be done and performed in accordance it the stndards and specifications of the State of California, Division of Highways. of said work and improvements and materials shall be done, performed and installed under the inspe tion of and to the satisfaction of the City Engineer of the City. i i i Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No. 4385 Page 7 8. 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 Six Thousand 00/100 Dollars ($660,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Thirty-Three Thousand and 00/100 Dollars ($33,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, Six Hundred Twenty-Seven Thousand and 00/100 Dollars ($627,000.00) shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and b. Payment security in the sum of Three Hundred Thirty Thousand and 00/100 Dollars ($330,000.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. c. Performance security in the sum of Nine Hundred and 00/100 Dollars ($900.00), 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 Eight Hundred and 00/100 Dollars ($8,800.00), 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. 4675 Phase 11 of Tentative Tract No.4385 Page 8 10. This Agreement shall in i i way be onstrued as a grant by the City of any rights to Owner to trespass upon land righ y in the"session of, or owned by,snotMr,whether such land be privately or publicly o d. 11. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any inju or dams : ge 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. Th Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless m and against any and all injuries to and deaths of i persons, and all claims, demands, casts, 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 als from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and libility,'howvsoever same maybe caused, either directly or indirectly made or suffered by the S bdividerj, 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 specifild, shall be at the sole and exclusive risk of the Subdivider, at all times prior to final acceptancby the C ty of the completed street and other improvements thereon and therein. 12. The Subdivider shall remdy any defective work or labor or any defective materials and pay for any damage to other wk result' g therefrom which shall occur within a period of one (1) year from the date of aecptance o� the work. I Subdivision Agreement Tract No. 4675 Phase H of Tentative Tract No. 4385 Page 9 13. The Subdivider and his subcontractors shall pay for any materials,provisions, and r, 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 failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 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 determination of liability if one operation delays another. In no case shall representatives of Dent ,e Tract No. 4385 be placed in Ibe position of making decisions that are the responsibility of my street area or ; shall further be the responsibility of the Subdi 'der to gi►e the City he City FAgWm 3tice not less than two (2) working days in ad ante of a actual date on quired by this e started. Failure on the part of the Subdivide to notify!the City Engineer ► with the provisions or which the Subdivider shall be solely res po ible. ! ie Subdivider or,if er the Subdivider varies the period during w h work ' carried on each kgreement on behalf hue notice to the City Engineer so that proper specti may be provided. be mailed to the to duly notify City as herein required, any wb done ' the absence of the --four(24)hours abject to rejection. The inspection of the wor shall notl relieve the after the mailing of his obligations to fulfill the Agreement as rescribed� Defective work haintain adequate d, and unsuitable materials may be rejected,n twithstanding the fact that ontrol, the City rk and unsuitable materials have been previou ly overlooked by the streets to be ;tor and accepted. ?dust;by equipment rhage to the sewer system, concrete work or s et pavin that occurs after and the Subdivider e made good to the satisfaction of the City En ' eer by the Subdivider cost to City of such ond, or final acceptance of completed work. d,this surfacing .e dust control shall be maintained by the Subdivider or all streets within '14) calendar days, bdivision on which work is required to be do a undertis Agreement from I times between the rst commenced in the subdivision until the p ing of t e streets is naintained during Pate dust control" as used herein shall mean a sprink g of the streets crying of a dust coat of oil thereon with suffic ent frequ ncy to prevent the Subdivision Agreement Tract No. 4675 Phase II of Tentative Tract No. 4385 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 pf 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. Subdivision Agmenmt Tract No. 4675 Phase II of Tentative Tract No.4383 Page 13 II , The parties have executed this A en=t Ion the day and year first above wriRan. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation CAMBRIDGE HOMES, a California RAYMOND G. SALAZAR, DIREC FOR General Partnership PUBL C WORKS DEPARTMENT I By: Central Pacific Builders,a California Corporation Inend Partner AT'T'EST: i JACQUELINE L. RYLE Steve D. Lutton,President CITY CLERK I By �'cy, - -Yn L�t� By Deputy Boren,Secretary APPROVED AS TO FORM: By: Clovest, a 1palifornia,Corporation General tner JA . LOG Cit Att 3 ey B I Y By D y C. Clennmensen Vice President B (2, By Sidney B. Coi, Secretary (Attach Notary Acknowledgment) LR:crm:LAND452/+7174:GL2 L77-L89 Revised: 11/09/94 i I State of California RIGHT THUM13PRWT(optional) County of Fresno a On 11/22/94 before me Marie Avakian, Notary Public r � IDATEI (NAMEITITLE OF OFFICER-i.e.'JANE DOE.NOTAAY PUBLIC1 a personally appeared Danny C. Clemmensen, Steve D. tutton, INAME(S)OF SIGNERISII IS) Kim Boren and Sidney B. Cox CAPACITY CLAIMED BY SIGNER❑INOIVIDUALIS► ❑CORPORATE OFFICERIS) ® personally known to me -OR- ❑ proved to me on the m�>� basis Of satisfactory ❑PARTNERISI OLIMITED evidence to be the OGENERAL person(s)whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), STONER IS REPRESENTING: and that by his/her/their (Name of Peraonla)or Entityfisa) signature(s) on the instrumentthe person(s), or the entity upon behalf MARIE AVAKM of which the person(s) COMM.1968663 NOTARY PUBLIacted, executed the GCAIIFORNIA RIGHT THUMBPRINT(Optional) C12 PRINCIPAL OFFICE IN instrument. C12 FRESNO COUNTY M►t Commbsion Exp.scotSeot.21.1996 Witness my hand and official seal. 1 0 O (SEAL) o (SIGNATURE OF NOTARY► CAPACITY CLAIMED BY SIGNERIS) ❑INOIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICERIS) The information requested below and in the column to the right is OPTIONAL. 'r`nsm Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERIS) ❑LIMITED unauthorized document. oGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document Subordination Agreements & Recita]MMUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document OOTHER: DESCRIBED AT RIGHT: Sipnerla)Other Than Named Above SIGNER BS REPRESENTING: (Name of Person(@)or Entityflea) WOLCOTTS FORM 03240 Rev.3.04(price Naw 6.2^1 01664 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 7 67775 63240 8 r' Subdivision Agreement Tract No.4675 Phase II of Tentative Tract No. 4385 X14 ZRMM STATE OF CALIFORNIA ) COUNTY OF FRESNO j s On , 1994, be me, personally appeared orally awn to me(or provided to me on.. basis of satisfacto evidence to be the ns s wh a name(s) is/are subscribed to d1e within instrumentnd acimo ledged to me that be/ ehhey executed the same in his/hpr/their authorized capacity(ies),and that b his/h eir signature(s) on the the person(s), or the entity upon behalf f the OF FRESNO of which the person(s) act4 executed the instrument. WITNESS my hand and official s )ACQUEUNE L. RYLE, CMC CITY CLERK By DEPUTY i LR:crm:LAND452/+7174:GL2 L77-L89 i i I i , V' a . 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N.=4r mor LA 1__ MF --- 0 KT1�R� OInN7Ar _ 's•]170d Orr--� —IrlYON my — -- aaaaaU.7ra 7..et000 p.' _�.-.-.............. a a . 1881 UNIFORM FIRE CODE i PART III GENERA PRO ISIONS FOR FI E S !FETY RTIC E 10 FIR PRO ECTION Divisi n 1 GENE AL Scope Sec. 10.101. Fire protection 1 be in ordance with this article. Definitions Sec. 10.102. For definitions of AUT TIC FIRE-EXTINGUISHING SYSTEM, FACILITY, FIRE DEPARTMENT ET CO CTION and STANDPIPE SYSTEM, see Article 9. Permits Sec. 10.103. A permit is requi 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 ope to or ge erally used by the public. See Section 4.108. EXCEPTION: A permit is n t required for persons employed and authorized by the water company which supplie the syste to use or operate fire hydrants or valves. Tampering with Fire-protect on Equ pment and Site Barriers Sec. 10.104. (a) Fire Depart ent Pro rty. Apparatus, equipment and appurtenances belonging to or under the supervision and contr 1 of the fire department shall not be molested, tampered with, damaged or otherwi disturbed unless authorized by the chief. (b) Fire Hydrants and F' a Applia Vices. Fire hydrants and fire appliances required by this code to be installed or main 'ned shal ;not be removed, tampered with or otherwise disturbed except for the purpose of ex 'nguishin fire, training, recharging, or maldng necessary repairs, or when allowed by the fire epartmen , When a fire appliance is removed as herein allowed, it shall be replaced or reins led as n as the purpose for which it was removed has been accomplished. (c) Site Barriers. Locks, gates, d rs, barricades, chains, enclosures, signs, tags, or seals which have been installed b the fire ti partment or by its order or under its control shall not be removed, unlocked, des tr yed, tam red with or otherwise molested in any manner. I� HIBI "All PAGE 1 1E CODE EMON: When authorized by the chief or performed by public officers within their scope of duty. lentification and Protection of Fire Hydrants and Fire- ppment (a) Obstruction. Posts, fences, vehicles, growth, trash, storage and other shall not be placed or kept near fire hydrants, fire deportment inlet ned in accordance -protection system control valves in a manner that would prevent such hydrants from being, immediately discernible. The fire department red or hindered from gaining immediate access to Fire-protection ants. space shall be maintained around the circumference of fire hydrants utted to the fire required or approved by the chief. motion. Fire-protection equipment and fire hydrants shall be clearly ner approved by the chief to prevent obstruction by parking and other 3rant Markers. When required by the chief, hydrant locations shall facility, building, installation of reflective markers. sdiction when any ion of Fire Hydrants. When exposed to vehicular damage, fire )f the building, is uitably protected. oved route around essways with an approved (a) General. The chief is authorized to require the installation and a modified by the or other approved barricades across roads, trails or other uding public streets, alleys or highways. red, crates and barricades shall be secured in an approved manner. ad tohy, waterways, ie secured, roads, trails and other accessways shall not be used unless to require addi- >wner and the chief. )assing. Trespassing upon roads, trails and other accessways which n 3, or Group M nd obstructed in the manner prescribed by this section is prohibited. led, in the opinion EPTION: Persons authorized by the chief and public officers acting scope of duty. ruction. Vehicles shall not be parked in a manner which obstructs the reined by the chief trails or other accessways which have been closed and obstructed in if terrain, climatic bed by this section. in Mobile Home and Recreational Vehicle Parks Mobile home and recreational vehicle parks shall provide and maintain fire [ding, see Section roads in accordance with Divisions II and IV. 7-PTION: Recreational vehicle parks located in remote areas shall be protection and access roadways as required by the chief. EXHIBIT "A" PAGE 2 PAGE 3 1991 UNIFORM FIRE CODE Specifications See. 10.204. (a) access roads shall have an u� width of not less than 20 feet and an ob vertical clearance of not less than 13 fat 6 inches. EXCEPTION: Upon by the chief, vertical clearance may be reduced, provided such reduction does not im accessi by fie apparatus and approved signs ars installed and maintained indicating the estab ' verb clearance. Vertical clearances or widths be ' creased when, in the opinion of die chief, vertical clearances or widths are not uate to provide fire apparatus access. (b)Surface. Fire apparatus roads hall be designed and maintained to the imposed loads of fire apparatus and sh be p with a surface so as to providew htMth t driving capabilities. (c) Turning Radius. The ' ' um us of a fire apparatus access road shall be as approved by the chief. (d) Dead Ends. Dead-end appara access roads in excess of 150 feet in length shall be provided with approved provi "ons for turning around of fire apparatus. (e) Bridges. When a bridge is required be used as access under this section, it shall be constructed and maintained in actio ancewi the applicable sections of the Building Code and shall use designed live loading su ficient to the imposed loads of fire apparatus. (f) Grade. The gradient for a re a tus access road shall not exceed the maximum approved by the chief. Obstruction Sec. 10.205. The required wi th of a fr apparatus access road shall not be obstructed A. in any manner, including parking vehicles ' Minimum required widths and clearances established under this section shall be maintain at all times. Marking Sec. 10.206. When required, proved gns or other approved notices shall be provided and maintained for fire apparatus acce s roads identify such roads and prohibit the obstruction thereof or both. Division III FIRE DEPARTM NT A CESS TO BUILDINGS Premises identification Sec. 10.301. (a) General. Aproved n tubers or addresses shall be placed on all new and existing buildings in such as poli on as to a plainly visible and legible from the street or road fronting, the property. Said nu bers sh contrast with their background. (b) Street or Road Signs. When r uired by the chief, streets and roads shall be identified with approved signs. E H I B�T "Q.. PAGE 4 1991 UNIFORM FIRE CODE Key Boxes Sec. 10.302. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the chief and shall contain keys to contain necessary access as required by the chief. Shaftway Marking . Sec. 10-303. Exterior windows in buildings used for manufacturing or for storage on shaftways or other vertical Means of storage purposes which open dire communication between two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at least 6 inches high on a white background. Warning signs shall be easily discernible from the outside of the building. Door and window openings on such shaftways from the interior of the building shall be similarly marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the shaftway from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance. Exterior Doors Sec. 10.304. (a) Obstruction and Elimination. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch wide and at least 6 inches high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Article 12 for exit doors. (b) Access Doors and Openings. For firefighting purposes, access doors, openings and exit doors shall be provided and readily accessible in occupancies as required by the Building., Code. For access doors for high-piled combustible storage, see Section 81.109 (b). Floor Openings Sec. 10.305. Floor openings shall be surrounded by guardrails as set forth in the Building Code or shall have covers which are automatic closing or maintained in a closed position at all times. Division IV WATER SUPPLIES FOR FIRE PROTECTION General Sec. 10.401. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are here after constructed or moved into or within the jurisdiction. When any portion EXHIBIT "All PAGE 5 1991 UNIFORM FIRE CODE of the facility or building protected excess f 150 feet from a water supply ons 0 public street, as measured by an approved to around exterior or of the fat0ty a btu, on- site fire hydrants and mains capable of applying the required fire flow shall be provided when required by the chief. Type of Water Supply Sec. 10.402. Water supply consist reservoirs, pressure tanks, elevated taola, water mains or other fixed systems ca le of ' ' g the required fire flow. In setting do requirements for fire flow, the chief y be gui by the provision in Appendix M A. Fire Hydrants Sec. 10.403.The location, a and of fire hydrants connected to a water supply capable of delivering the required fuye flow shall provided on the public street a the a of the premises or both to be pro as and approved by the chief. Fire hydrants shall be accessible to the fire ent tus by roads meeting the requirements of Division H. For fire safety during constructio , alterati or demolition of a building, see Section 87.103 (c). Divisi n V INSTALLATIO AND 'MAINTENANCE OF FIRE-PROTECTION AND IFE-SAFETY SYSTEMS General Sec. 10.501. (a) Type Req ' ed. The chief is authorized to designate the type and number of fire appliances to be install and m retained in and upon all building,s and premises in the jurisdiction other than private d ellings. "s designation shall be based upon the relative severity of probable fire, including th rapidity th which it may spread. Such appliances shall be of a type suitable for the probable lass of associated with such building or premises and shall have approval of the chief. (b)Special Hazards. For occu cies of an especially hazardous nature or where special hazards exist in addition to the no al of the occupancy, or where access for fire apparatus is unduly difficult, the chie is autho zed to require additional safeguards consisting of additional fire appliance units, mo a than on type of appliance, or special systems suitable for the protection of the hazard invol ed. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkl r or wa r spray systems, standpipe and hose, fixed or a portable fire extinguishers, suitable ire blan ts, g apparatus, manual or automatic covers, carbon dioxide, foam, halogenated o dry the 'cal or other special fire extinguishing systems. Where such systems are provided, ey shall designed and installed in accordance with the applicable Uniform Fire Code Stand ds. (c) Buildings under Cons cdon. ire-protection equipment and systems shall be installed and maintained in buildings under truction in accordance with Article 87. E HIB ''T A PAGE 8 1991 UNIFORM FIRE CODE Timing of installation Sec. 10.502. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. EXCEPTION: When alternate methods of protection, as approved by the chief. are provided; the above may be modified or waived. EXHIBIT "A" PAGE 7 Tract No. 4675/UGM 459 SUBDIVISION AGR EME T CALCULATIONS DEVELOPMENT DEPARTMENT CX0)4984451 BUILDING AND SAFETY 3MVICES DIVISION DIVISION EMINEFRINGSECMN 2600 FRESNO STREET.FRESNO CA 93721-3604 TRACT No. ;:;:•:: :.: PREPARED BY- LO[1I5 ROCHA UGM No.. °° "' ': >:..,a•> CHECKED BY: AK 1:1/04!94::: P.W. FILE No. ............ .>. TRACT NAME: PHASE n OF T. TR 4385` GROSS ACREAGE !) `> CAMBRIDGE HO NO 4 ECA BONDING AMOUNT 0 QO NET ACREAGE ;••..•.. !tt •. SUBDIVIDER(AS PER MAP) CAMBRM, t H4 :::• ADDRESS: 1386 WBST N A ,SLID 102209 4;16100 A'1�At3� ;? r,. FRESNO, CA 531.11 w :: (I) SUBDMSION CALCULATION SIMET(Includes Early Construction Agreement Calculations) (Bonding A�' ounts) tr la. Water Construction Engineer's Estimate �8Q,4f)7.Q4 .... .. .... ................. ................................... . . ............................. Adjustments (s1gz2.Od : Adjusted Cost Estimate lb. Water Well Construction Engineer's Estimate Water Well Head Treatment Adjusted Cost Estimate SO 4C SOOQ.. lc. Water Construction (Part of Early Agreem t) Engineer's Estimate $80;407;00 Adjustments a(51:0822.00) Adjusted Cost Estimate S78,S$5 lXt; T8,S800' i ge 1 EXHIBIT '1 Tract No. 4675/UGM 459 09-Nov-9 2a. Sewer Construction Engineer's Estimate $50,270.00 Adjustments $21654.06.. Adjusted Cost Estimate $52,924.00 552,924.00:: 2b. Sewer Construction (Part of Early Agreement) Engineer's Estimate $50,270.00 Adjustments $2,654.00 Adjusted Cost Estimate $52,924.00 $-52,924.00- 3. Storm Sewer Construction (Part of Early Agreement) Engineer's Estimate $13,410.00 Adjustments $0.00 Adjusted Cost Estimate $13,410.00 $13,410.00 4. Street Construction (Part of Early Agreement) Engineer's Estimate Adjustments Adjusted Cost Estimate $0.00 4a. Street Construction Engineer's Estimate $375,882.20'' Adjustments Engineer's Estimate(UGM) Adjustments(UGM) Storm Drain Construction Adjustments $13,410.00 page 2 EXHIBIT 'F Tract No. 4675/UGM 459 b9�AT6v� Street Construction Continued i . Landscape,Fence and Irrigation Construc ion Perimeter Masonry Wall or Solid Fence onstruction 9 Q-A Landscape/Irrigation Construction 6400.. SF, s2:40 Median Island Landscaping Adjusted Cost Estimate41I,342.2Q E-1 Type Electroliers 53,000 ... .. SAM; E-2 Type Electroliers 12: ® $2,500.00: Safety Lighting ® .Da Total Adjusted Street Estimate $06,34 , 0 Total Construction Cost for Inspection Fee Ca culations SubTotal for Bonding Calculations(Subtota for Bondi less ECA Bonding) ECA Total for Sewer Water and Storm D n(For Ins on Fee Calculations) <> .+ 41> ECA Total for Streets(For Inspection Fee alculations0 > INSPE TION 'CALCULATIONS Total for Inspection Fee Calculations ZS87,8S1,20! 7 7% of First$10,000.00($300.00 min) $700 00: 1 4% of next$490,000.00 $ 19,t 2.5% of cost over$500,000.00 52,196 28`'. Total Inspection Fees 522,496.28 Inspection Fees paid with the E. C. A. $6,097;00 Total Inspection Fees Due with this Ag ment $16,3".2t' I � ge 3 ( EXHIBIT ') Tract No. 4675/UGM 459 09-Nov-9 ........ .................................... .... .. Sub-Total For Construction Cost Bonding 5'587,651::20; Lot and Block Corners, 184:: ® $50.00; Ea $9,z000p .......... .... ...................... ....................................... Sub-Total For Construction Cost Bonding $:597,p5120<: ... .. ............................... .... ... ................. .......... Construction Contingency 562,948:80`: .. .... . ............ ... .... . .. ................. ... ... ........ . ..... .. ....... .. ....... . Total Estimated Construction Cost $660,000:00 ........ ........ .... ......... . TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with this Agreement $16,399.28 Total Estimated Construction Cost 5660,000.00,, SECURITY CALCULATIONS Performance Security 100% of the Total Estimated Construction Cost $660,000.00 5% Security Deposit (Cash or C.D.) $33,000.00 Performance -95% $627,000.00 Payment Security Labor&Materials-50% $330,000.00 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 $800.00 Total Amount to be Retained for Warranty $8,800.00 page 4 EXHIBIT " Tract No. 4675/UGM 459Na►-9 n (II) SUBDI SION ES AND CHARGES The Subdivider has deposited with the City the sum One Hundred Ninety-Niue Tho N Wtd B¢1I00 Dollars (S 5199,091.86 ) or the fall g: (1) Inspection Fees (2) Monument Check Fee 98 LOTS ® 530.00 (3) Intersection Signing, 5173 00 (4) Traffic Regulatory/Warning Si ning, (S) No Parking and Bike Lane Sig Ing 0 ® : (6) Street Trees (A) City/Privately planted lot to be maintained by the lot owners. 0: Trees® 5100 00:<: /Tree (B) Street Tree Inspection Fee rivately pi ted Lot Street Trees to be maintained by the lot owners and privately planted Buf Of Street Tees to be maintained by the City's Lighting and Land ping Maint cc District No. 1) (a) Lot Street Tree Inspecti n Fee requi 112 Trees® $25.00 : /Tree ,$ 0 (b) Street Tree Inspection ee required 1 (0-no 1=yes) 5134 , (7) nfFCD Drainage Fee ne Distric C ® /Ac (8) Pond Maintenance Fee, F /SF S00Q'' (9) Frontage Road Island Lan ping Fee, F ® /LF i0Q0' (10) Sewer Trench Water Compac 'on Charge Y ® /CY SQ04. ge S EXHIBIT "I Tract No. 4675/UGM 459 09-Nov-9 (11) UGM Fire Station Fee; 10::00 .......... .................... .. (Service Area No. 16 ) (Zone District No. R-11UGM ) Deferred by Covenant 1 (O=no 1=yes) 18.15 Acres ® $1,242.00, /Ac $0.00: * Fees Calculated foFthe Early Model Home Agreement lots. For lots: UGM Fire Station Fee Due with the map $0.00 (12) UGNI Park Fee; $0.00 (Service Area No. 4 ) (Zone District No. R-1/UGM } Deferred by Covenant 1 (0=no 1=yes) 18.15 Acres ® $1,230.00 /Ac $0.00 * Fees Calculated for the Early Model Home Agreement lots. For lots: UGM Fire Station Fee Due with the map $0.00'; * The Fee Calculated for the Early Model Home Agreement is not deferrable ........................ ..... . ... (13) Sanitary Sewer Connection Charges $81,27600 (A) Lateral Charge North Polk Avenue 610.00 LF a $5.00 /LF $3,050.00 West Garland Avenue 1216 LF ® $10.00 /LF $12,160.00; North Barcus Avenue 585 LF cQ $10.00 /LF $5,850.00 (B) Oversize Charge (UGM Reimbursement Area No. 21 } 18.15 Ac cQ $240.00 /Ac $4,356.00 Less Oversize Credits [ $0.00;' ] Less Overdepth Credits [ $0.00' ] Net Oversize Charge $4,356.00 (C) Trunk Sewer Charge Trunk Sewer Service Area Cornelia 98 UNITS ® $570.00 /UNIT $55,860.00`''. page 6 EXHIBIT " Tract No. 4675/UGM 459 09-x4 (D) Major Facilities Sewer Char and W Facilities Charge Fee obligations are to be paid the then in effect at the time of issuance of building permit. Total Sewer Connection Charg8f2?6 I `: (14) Water Connection Charges 148 ........... ..... ........... (A) Time and Materials 'Wet-Ti " Charges6� t1. .'. (Paid with the Early Construc ion Agra t (Water&Materials Estimate o. 13846: ) (Water Job No. 423.0' ) I (B) Service Connections Charag 98 1" METERS ® 5320.00 Ea. 51�360,E1t :; 1-1/2' METERS® Ea. U.Oi>R:: 1' SERVICES ® Ea. O,pQ Landscape Service Connection 1' METERS ® Ea. TiIT OQ 1-1/2' METERS® , Ea. 0:0Q (C) Frontage Charges West Garland Avenue 1216.00; LF ® 56.50 S7.904.OQ::. North Barcus Avenue 585.00 LF ® $6.50 /L.F .13.802,S (D) Fire Hydrant Charge (Zone Dis�rict R-1NGM ) 629344.0 SF 0 j $0.75 /100 SF 54.720.08' (E) Transmission Grid Main (UGM Reimbursement Area No. B. ) 18.15 AC ® _$560.00 /AC 510.164:00 Less TGM Credits [ $8,671:00 ) Net TGM Charge $1,493:00 (F) UGM Water Supply Well barge(also a Development Charge) (Supply Well No. 301-S ) 18.15 AC ® $1,042.00 /AC $18,912.30 Less Well Credits Net Well Charge $18,912.30 ge 7 EXHIBIT • Tract No. 4675/UGM 459 09-Nov-9 (G) Water Construction Charge 98.00 UNITS ® $1.25 /UNIT $122.50 (H) Well Head Treatment Fee N/A Units by: Well Head Treatment Service Area UNITS ® /UNIT $0.00 (I) Recharge Fee N/A Units by: Recharge Service Area UNITS ® /UNIT $0.00 Total Water Connection Charges (Less Wet Tie Charge) $68,314.38 (15) UGM Major Street Charge; $0.00 (Zone E4 ) 16.98 AC ® $2,435.00; /AC $41,346.30 Less Major Street Credit [ $57,288.00 ] Net Major Street Charge This Zone $0.00 (16) UGM Major Street Bridge Charge $2,292.30 (Zone E-4 ) 16.98 AC $135.00 /AC $2,292.30 Less Major Street Bridge Credit [ $0.00 ] Net Major Street Bridge Charge $2,292.30 (17) UGM Traffic Signal Charge, $14,602.80' 16.98 AC ® $860.00 /AC $14,602.80 Less Signal Credit [ $0.00 ] Net Traffic Signal Charge $14,602.80 (18) UGNI Grade Separation Charge, (Service Area, Zone: E-4-A ) 16.98 AC $345.00 /AC $5,858.10 page 8 EXHIBIT Tract No. 4675/UGM 459 (19) UGM At-Grade Railroad C ng Fee, 50 >` Service Area: AC ® / C k Service Area: AC ® / CQ.00... Less At-Grade Railroad Crossing C t [ ] .r Total UGM At-Grade RR-Xing F SQ3xf (20) UGM Trunk Sewer Fee;N/A (Service Area ) (Zone District ) L. 45 18.35 AC ® AC AC ® AC 30al0 LOTS ® OT Sf)OCs; (21) Overiay Sewer Service Area 1.81S AC ® AC 50;00, (22) UGM Major Street Right-of- ay Acquisi on Charge so,00 (23) UGM Local Street Acquisition Constructs n Charge 50 (24) UGM Major Street Bridge Ri ht-of-Way acquisition Charget)0 (25) UGM Right-of-Way Reimbu ent Cha a 50;00 (26) Landscape Maintenance Dist ct Fee A. Anticipated Maintenance C t(Planter A ) 9300 Sq. Ft. ® 50.23, /S.F. ; 529139.00 B. Anticipated Maintenance Co t(Median Is and) 0 Sq. Ft. ® $0.00 VS,F. . $0.00 C. Incidental Expenses(Legal , Publica ions,Mailings, Engineering) 98 Lots ® $5.00 /Lot $490.00 D. Assessment District Proceedings 98 Lots ® $5.00 /Lot $490.00: 53,119;00 (27) Private Irrigation Line Main enance Fee IO2.00 LF ® $5.00 /L.F $510.00: ' TOTAL FEES AND CHARGES 5199,091.86 I page 9 EXHIBIT , 'TractNo. 4675/UGM 459 09-Nov-S (IIn FEE DEFERRALS ....................... . . .... .............. . ...... . . . . .. (1) UGM Fire Station Fee $22,542.30 (Service Area No. 16 ) (Zone District No. R-11UGM ) Deferred by Covenant 1 (O=no 1=yes) 18.15 Acres �r ® $1,242.00 /Ac $22,542.30 Fees Calculated for the Early Model Home Agreement lots. For lots: N/A $0.00 Net UGM Fire Station Fee Deferred $22,5.42.30, (2) UGM Park Fee; $22,324.50, (Service Area No. 4 ) (Zone District No. R-1/UGM ) . .. .. ....... .... . Deferred by Covenant 1 (O=no 1=yes) 18.15Acres ® $1,230.00 /Ac $22,324.50' Fees Calculated for the Early Model Home Agreement lots. For lots: N/A $0.00 Net UGM Park Fee Deferred $22,324.50 * The Fee Calculated for the Early Model Home Agreement is not deferrable (3) Major Facilities Sewer Charge and Wastewater Charge Fee obligations to be paid at the then rate in effect at the time of issuance of building premit. QPRO-SUBDIVISION SPREADSHEET -INCLUDES E.C.A. FILE: QPRO DISK NO. 5 FILE NANIE: FT4675.WQ1 . VERSION 1.0 —M01/19% (mav apncadsheet to iwlude E.C.A.Calc's) VERSION 2.0 — 05/19/1994 (Revisd fotmnt as a`rmmna Exhibit'B") VERSION 2.1 — 05/31/1994 (added&c llc call orae ad®value fuoctiom) VERSION 3.0 —06/16/1994 (Modirod the ECA Inpeaim I m Cftk%"6M*) page 10 EXHIBIT "