HomeMy WebLinkAboutT-4741 - Agreement/Covenant - 8/17/2006 (2) SUBDIVIsioN AGREEMENT
City of
F nc�: ,�
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 937213616
(209)498-1602
Tract No. 4741
PHASE I OF VESTING TENTATIVE TRACT NO. 4741
P.W. File No. 9909
UGM No. 574
THIS AGREEMENT is made this day of , 19-27_,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and Centex Homes, a Nevada General Partnership, 1840 South Central, Visalia, California,
93277, hereinafter designated and called the "Subdivider," without regard for number or Gender.
4.
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 2
B 'CTrAI-Iq
A. The Subdivider has presented to the City a certain final map of a proposed s6divis o
of land owned by the Owner and located within the corporate limits of the City, and known and
described as Tract No. 4741/UGM 574, a copy of which map is attached to and made a part of this
Agreement, and said Owner has requested the City to accept the dedications delineated and ahown
on said map for the use and purposes specified thereon, and to otherwise approve said map in order
that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said,
map, the dedication of such streets, highways and public places aad 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 Subdivift
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 dme,
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 wbdivisi+on.
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 and that all
such instruments of subordination, if any, are attached hereto and made a part of this instrument.
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public
ways, easements and facilities as shown and delineated on said map, and the approval of said map
for filing and recording as provided and required by law, it is mutually agreed and understood by
and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree
as follows:
1. The Subdivider shall:
a. Perform the work and improvements hereinafter specified on or before
July 31, 1998, except as noted in (b), (c) and (d) listed below:
b. Sidewalk construction shall be completed on or before July 31, 1999, (the
Subdivider may submit a written request to the Public Works Director for an extension of
time to complete the construction of the sidewalk).
c. Lot corner monumentation which shall be completed to the satisfaction of the
Director of Public Works as provided by the Fresno Municipal Code, on or before
July 31, 1999, (the Subdivider may submit a written request to the Public Works Director for
an extension of time to complete lot corner monumentation).
d. Lot trees shall be planted by July 31, 1999, or upon occupancy of each individual
dwelling, whichever occurs first, to the satisfaction of the Director of the City Parks,
Recreation and Community Service Department as provided by the Fresno Municipal Code.
e. Issuance of building permits for any structure within the subdivision shall conform
to the requirements of the Uniform Fire Code (UFC). The Subdivider's attention is
particularly called to UFC Sections 901.3, 901.4.2, 901.4.3,903.1, 903.2, 903.3, 904.4.1.2
and 903.4.2, as 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.
f. When a delay occurs due to unforeseen causes beyond the control and without the
fault or negligence of the Subdivider, the time of completion may be extended for a period
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 4
justified by the effect of such defy on the completion of th work. The Subdivider shall ft
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 tent of justifiable delays, if any.
Extension of time for completion of improvements (inclug street trees planting) may be
granted by the Public Works Director with an extension .fee from the currentldMw Fee
Schedule based upon the initial estimated total improvement cost. The Director of Public
Works shall give the Subdivider', written notice of his detdrmination in writing, which shall
be final and conclusive.
2. The work and improvements, more specifically shown on the referenced nced 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, 19849 by xdoiution
No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land divisions
shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act,prior to the City's final aoeephum!
of the subdivision and release of securities, the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thjereof by the Subdivider's agftert or surveyor for the 5t d1
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 Resolutim No.j
78-522 or any amendments or modifications which may be adopted by Council pdm to the
actual installation of the lights. The Subdivider shall construct a eomphe uatlarground stree f
light system as approved by the Traffic Engineer prior to final acceptance of the subdivisioot
Height, type, spacing, etc. of standards and'luminaries shall be in accordance with Rmhdion,
Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Conn"
prior to the actual installation of the lights and shall be approved by the City Traffic Bn&=.'
Section 12-1010(h) of the City of Fresno Municipal Code requires the undexgrounding of
overhead utilities within the subdivision. Completion of all undexgrounding of overhead utilities
will be required by Construction'Management prior to release of securities.
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 5
c. Water main extensions and services shall be provided in accordance with applicable
provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges
shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012 of the Fresno Municipal
Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance
with City Standards within seven (7)days from the time said streets are surfaced, or as directed
by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve this tract
shall be fenced in accordance with City Standards within seven (7) days from the time said
basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance with Section 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified (in the Early Sewer, Water and Storm Sewer
Agreement, dated March 13, 1997) and on Exhibit "B", page 7 as Time and Material Charges
("Wet-Tie Charges") are estimates only and serve as a deposit to cover the actual cost of
construction. Should the actual construction cost be less than the deposit, the Subdivider shall
be refunded the excess. Should the actual construction cost be greater than the deposit, the
Subdivider shall be billed by the City of Fresno for the difference and shall be directly
responsible for payment.
L Install landscaping and an irrigation system in a 30-foot landscape easement along the
rear property line of all lots which back-onto East Shepherd Avenue frontage of the subdivision
and install a landscaping and an irrigation system in a 20-foot landscape along the rear and side
property lines of all lots which back-onto and side-onto the North Sommerville Drive frontage
of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing
maintenance of the required landscaping until such time as a Maintenance District has been
formed to provide for continued care and maintenance of the required landscaping.
The Owner also agrees to sign a petition asking the Council to include this Tract in the existing
district. Additionally, the Subdivider is required to provide the City of Fresno with copies of
signed acknowledgements (see Exhibit "C") from each purchaser of a lot within the subdivision,
attesting to the purchaser's understanding that the lot will have an annual landscaping
maintenance assessment and that the purchaser is aware of the assessment.
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 6
The signed acimowledgements shall be sent to Chief of Dpmgn Services do Public Woeb
Department,Engineering Service Division,2600 Fresno Street,Fresno,Califw&,93721.3623.
j. Pay the buffer street tree fee in accordance with the master fee resolution. In lieu
of paying the street tree fee, the Subdivider has accepted resplonsibility for the buffer street tree
planting and has posted performa#rce security 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 is the subdivision, the Subdivider agrees to submit a detailed
landscaping plan for the above named landscaped buffer amments along the Bart Shepherd
Avenue and the North Sommerville Drive frontages of the subdivision to the City Parks
Department for approval. The plajn shall include the types, location, and number of trees and
show all landscaping proposed fojr plaquing 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.
k. Pay the street tree fee for lot trees in accordance with the master fee resolution. In
lieu of paying street tree fees for ,the required individual lot tree planting, the Subdivider has
acxxpted responsibility for street tree planting and has postal Performance Security to secure
planting and maintenance until acceptance of the street trees by the City Parks, Recreation and
Community Service Department.
The Subdivider has entered into a'"Developer Tree Planting Agreement*with the City and small
obtain a street work permit for 0 landscape installation shown on the plans as part of the
"Developer Tree Planting Agreement," the tree planting plan shall include the types, loc adM
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 which is not included in the approved landscaping plan.
1. As a condition of final map approval, the Subdivider has dedicated an easement for,
a multi-purpose pedestrian/bike trail and has posted security to improve said trial along the'
north side of Bast Shepherd Avenue, within the 30-foot Lndscape easement,in aeoos+daooe with;
the policies of the Woodward Park Community.Plan endi the "Master Multi Purpose TM!
Manual," dated October, 1990. Landscaping within said multi-purpose trail adjacent lo'
required was or fence shall comply with the "Landscape Buffer Development Standards" and
the"Master Multi-Purpose Trails Manual." All landscaping shall comply With FMC 12-306-N
23 and 24 and all associated references to other City ordinances. Additionally, at all said trail
entrance the Subdivider shall install removable bollards designed in accordance with the Pada,,
Recreation and Community Services Department requirements.
M. There is insufficient groundwater recharge in the portion of the Woodward Park
Community Plan area formerly designated "Urban Reserve" to offset the consumptive water use of
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 7
this project. Surface water treatment or additional dedicated recharge and conveyance facilities will
be necessary to mitigate the consumptive water use of this phase of the project. The Subdivider
shall provide for the following:
1. A. The Subdivider shall construct a water supply project(s) (i.e., a new recharge
facility, or enhancement of planned or existing recharge facilities) at location and of
design satisfactory to the Water System manager. Such project(s) shall be sufficient
to mitigate direct and cumulative impacts of the project on the area's water supply.
Recharge facility requirements will be calculated at 0.055 wetted acres of recharge
capacity for each developed acre.
B. In the event that fees are established and in effect to support the bond debt service
on the northeast surface water treatment plan and city-wide transmission grid main,
the Subdivider agrees, in lieu of condition 1. A. above, to pay the applicable water
infrastructure fees in effect at the time occupancy permits are issued.
2. A minimum of two independent sources of water supply are required to serve this
project.
n. There is not adequate sewer capacity in the Herndon/Cornelia Trunk Sewer line to serve
this project which is in the Woodward Park Community Plan area formerly designated "Urban
Reserve." In order to comply with the mitigation measures, this project may by approved by
providing the following :
1. The Subdivider shall construct enhancement to the Herndon Trunk Sewer for relief of
segments projected to be over capacity as required by the Director of Public Utilities. A new
sewer impact fee has been developed, in lieu of enhancement construction, the Subdivider has
elected to participate in the financing enhancements to the Herndon Trunk Sewer through
payment of the new sewer capacity enhancement charge.
4. Perform and construct all work shown on the following construction plans together with
all other street improvements required by Section 12-1012 of the Fresno Municipal Code:
a. City Drawing Nos: [ 10-C-7310 through 10-C-7322 with Water Job No. 4435
(13 sheets), inclusive; 15-C-9483 through 15-C-9994 (12 sheets), inclusive; 4-C-443 through
4-C-443A (2 sheets), inclusive];
b. Fresno Metropolitan Flood Control District Drawing Nos: R-11-1 through R-11-11
( 11 sheets), unless specifically omitted herein.
c. Install and complete all other street improvements required by Section 12-1012 of the
r
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 8
Frew Municipal Code in accordance with the City of Fresno standard Sp P, and the
construction plans.
S. The Subdivider has deposited with the City the sum of Three Hundred fthteen
Thousand Six Hundred Twenty-Four and 60/100 Dollars ($ 318,624.60) for the total fes 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 put of 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 impravtments 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 Eagineer of the City and the Standard
Specifications of the City, which said plans and specifications and standards are hereby refea�ed to
and adopted and made a part of this Agreement. in case there are not any standard apedi8cations
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, peffOnned 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 shad
furnish to the City:
a. Performance security in the sum of One Million Four Hundred Twenty Thousand and
00/100 Dollars ($ 1,420,000.00), which is equal to 100% of the total estimated cost of the work
required. Five percent (5%) of said amount, Seventy-One Thousand and 00/100 Dollars
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 9
($ 71,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, One Million Three
Hundred Forty-Nine Thousand and 00/100 Dollars ($ 1,349,000.00) 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 Seven Hundred Ten Thousand and 00/100 Dollars
($ 710,000.00), 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.
d. Performance security in the sum of Three Thousand Two Hundred and 00/100 Dollars
($ 3,200.00), 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.
e. Performance security in the sum of Twelve Thousand and 00/100 Dollars ($ 12,000.00),
which is equal to 100% of the total estimated cost of lot 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.
L 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 Twelve Thousand Five Hundred Fifty and 00/100 Dollars
($ 12,550.00), 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. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 10
10. This Agreement shall in no way be construed as a grant by the City of any rights to the
Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such
land be privately or publicly owned.
11. This Agreement shall in no way be construed as a grant by the City of any rights to the
Subdivider to trespass upon land rightfully in the possession of, or owned by another, whether such
land be privately owned.
12. The City shall not be liable to the Subdivider or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or hem 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 iadhvedy
from the performance of any or all work to be done in and upon the street rights-of-way in no
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 BaWlityo
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 F6 wo cse 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 cw1usive risk of tbo
Subdivider at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 11
13. 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.
14. 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.
15. 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 f ' in 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.
16. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes
,-
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 12
and any other codes of the City.
17. 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 der -minadon
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 shau
further be the responsibility of the Subdivider to give the City Engineer written notice not las 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 dMM
be solely responsible.
18. 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 pwvided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engi�oeex
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 aeeepted.
19. Any damage to the sewer system, concrete work or street paving that occurs atter;
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.
20. 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
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 13
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a
dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the
activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give notice
to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be
personally served upon the Subdivider or, if the 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. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 14
21. Concrete curbs and gutters, the sanitary sewer system and house connections, u gethar
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.
22. Time is of the essence of this Agreement,and the same shall bind and inure bo•the benefit
of the parties hereto, their successors and assigns.
i
Subdivision Agreement
Tract No. 4741, Phase I of
Vesting Tentative Tract No. 4741
Page 15
23. No assignment of this Agreement or of any duty or obligation of performance hereunder
shall be made in whole or in part by the Owner or Developer without the written consent of City.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
CENTEX HOMES,
a Nevada General Partnership
RAYMOND G. SALAZAR, DIRECTOR
PUBLIC WORKS DEPARTMENT By: Centex Real Estate Corporation,
a Nevada Corporation
Managing General Partner
By: - �
ATTEST:
By:J4 49
REBECCA E. KLISCH c gdon, Division President
CITY CLERK
By:
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
7ty A rney
By:
Deputy
LRAr FC4741SAMOC-06/11/1997
7-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C
County of T ��
On � I C1 1 before mei Ica
Nwm and 7ft d after.. on
DWI ( �. .Nobly�l
personally appeared
// NW*-)d 8iprrr(e)
�'t ersonally known to me—OR—❑proved to me on Me basis of satisfactory evidence b be ttw psrwn(s)
``` ����\\ whose name(s)Ware subscribed to the within Instrument
and acknowledged to me that hW**Ahsy exeoutsd the
same In hisfierAheir authorized capacity(les)r and that by
his/herAheir signature(s)on the instrument the person(s)
or the entity upon behalf of which the person(s)#rted:
R.WOO executed the Instrument.
,y COMM.#Notay Pubic—cOirO1"c°
tuwiE couNry WITNESS my hand and official seal.
t*comm.Eq*es KP 26.1V97
wed
OPTIONAL
ThorO the O&MOM bMow Is not r"dmd by raw, ft may prom alwbra to pwsons n4ft an tla dawnW and could prwwrt
fraudulent nmovd and r 8(bo nWN of fids torn to an0VW do*~.
Description of Attached Document
Title or Type of Document:
Document Date• Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(8)
Signer's Name:R c1c _ Signer's Name:
❑ Individual ❑ Individual
CSArpomt r ❑ Corporate Officer
TMe(s): _ VISI(bYn ("�°Sr! �1A.1 Tifie(s):
❑ Partner--❑ Umfted ❑General ❑ Partner--❑ Umited ❑General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator O Guardian or Conservator
❑ Other: Tap of ttmb Mere ❑ Other: 1bP dft06 hM
z
Signer 14 Representing: Signer Is Representing:
0 1904 Netlorrl NaWy Anc*Mon•9299 Rernrret Mre.,P.O.Banc 7164•Cwnpe Perk,CA 91909.7184 Prod.No.9907 Reorder Cel TaN we 14=4MHW
1994 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR SAFETY
ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY
SECTION 901-GENERAL
901.1 Scope. Fire department access and water supply shall be in accordance with Article 9.
For firesafety during construction, alteration or demolition of a building, see Article 87.
901.2 Permits and Plans.
901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public highways, alleys
or private ways open to or generally used by the public. See Section 105, Permit f.1.
EXCEPTION: A permit is not required for persons employed and authorized by the
water company which supplies the system to use or operate fire hydrants or valves.
901.2.2 Plans.
901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
901.2.2.2 Fre hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to
the fire department for review and approval prior to construction.
9013 Timing of Installation. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief, are
provided, the requirements of Section 901.3 may be modified or waived.
901.4 Required Marking of Fre Apparatus Access Roads, Addresses and Fre Protection
Equipment.
901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall
be in accordance with Section 901.4.
901.4.2 Fre apparatus access roads. When required by the chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
901.43 Fre protection equipment and fire hydrants. Fire-protection equipment and fire
hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking
PAGE 1 EXHIBIT "A"
19M UNIFORM FIRE CODE
and other obstructions.
When required by the chief, hydrant locations shall be identified by the hwWlWon of reflective
markers.
See also Section 1001.7.
901.4.4 Promises identification. Approved numbers or addresses shall be placed on all new and a def
buildings in such a position as to be plainly visible and legible Brom the street or rad A -* 6 the
property. Numbers shall contrast with their background.
901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified wiith
approved signs.
901.5 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipe s ret. Sea.
Sections 902.2.4 and 1001.7.
901.6 Fire Protection in Recreational Wilcle, Mobile Home and Manufactured B"111109 Parhs,
Sales Lots and Storage Lots. Recreatloaal'vehicle,mobile home and manufactured housingpa.Ia.Was
lots and storage lots shall provide and maintain fire hydrants and access roads in
accordance with Sections 902 and 903.
EXCEPTION:Recreational vebide parks located in remote areas shall be provided wf
protection and access roadways as required by the chief.
SECTION 902 FIRE DEPARTMENT ACCESS
902.1 General. Fire department access loads shall be provided and maintained in accoirdamet wkh
Sections 901 and 902.
902.2 Fire Apparatus Access Roads.
902.2.1 Required access.Fire apparatus access roads shall be provided in accordance with Sections 901
and 902.2 for every facility, building or portion of a building hereafter constructed or moved law at
within the jurisdiction when any portion of the facility or any portion of an aneior wall of the fitat"7
of the building is located more than 150 feet(45 720 mm)from fire apparatus access as measured by at
approved route around the exterior of the building or facility. See also Section 902.3 for pe sonad access
to buildings.
EXCEPTIONS: 1.When buildings are completely protected with an approved a mmttic
fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the
chief.
2. When access roads cannot be installed due to location on property, uVography,
waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require
additional fire protection as specified in Section 1001.9.
PAGE 2 EXHIBIT W
1994 UNIFORM FIRE CODE
3. When there are not more than two Group R. Division 3, or Group U Occupancies, the
requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it is determined by the chief that access
by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions
or other factors that could limit access.
For high-piled combustible storage, see Section 8102.5.1.
For required access during construction, alteration or demolition of a building, see Section
8704.2.
902.2.2 Specifications.
902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches
(4115 mm)
EXCEPTION: Vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved by the chief.
Vertical clearances or widths shall be increased when, in the opinion of the chief vertical
clearances or widths are not adequate to provide fire apparatus access.
902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved
by the chief.
902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet(45 720 mm) in length
shall be provided with approved provisions for the turning around of fire apparatus.
902.2.25 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall
be constructed and maintained in accordance with nationally recognized standards. See Article 90,
Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire
apparatus.
Vehicle load limits shall be posted at both entrances to bridges when required by the chief.
902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
902.23 Markin. See Section 901.4.
902.2.4 Obstruction and control of fire apparatus access.
902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed In any
manner,including parking of vehicles.Minimum required widths and clearances established under Section
902.2.2.1 shall be maintained at all times.
Entrances to roads, trails or other accessways which have been closed with gates and barriers In
accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles.
902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of
gates or other approved barricades across toads, trails or other accessways, not including public streets,
alleys or highways.
When required, gates and barricades shall be secured in an approved manner. Roads, trails sad
other accessways which have been closed and obstructed in the manner pretcrtbed by Section 902.2.4.2
shall not be trespassed upon or used unless authorized by the owner and the chief.
EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doom,
barricades, chains, enclosures, signs, tags or seals which have been installed by dw f
department or by its order or under its control shall not be removed, unl ck4 destroyed,
tampered with or otherwise molested in any manner.
EXCEPTION: When authorized by the chief or performed by public officers acting
within their scope of duty.
902.3 Access to Building Openings.
902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall
be maintained readily accessible for emergency access by the fire department.
An approved access walkway leading from fire apparatus access roads to exterior opeoiggt
required by this code or the Building Code shall be provided when required by the chief.
9023.2 Maintnumee of exterior doors and openings. Exterior doors or their function shall not be
eliminated without prior approval by the chief. Exterf for doors which have been rendered EXAM" --
and which retain a functional door exterior appearance shall have a sign affixed to the exterkr aide o[
such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of
not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a eoatrastlmg
background. Required fire department access doors shall not be obstructed or eliminated. See Section
1207 for exit doors.
For access doors for high-piled combustible storage, see Section 8102.5.2.
902.3.3 Shaftway marking. Exterior windows in buildings used for manufaex I&S or for storage
PAGE 4 EXHIBIT "A'
1994 UNIFORM FIRE CODE
purposes which open directly on shaftways or other vertical means of communication between two or
more floors shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches
(152.4 mm) high on a white background. Warning signs shall be easily discernible from the outside of
the building. Door and window openings on such shaftways from the interior of the building shall be
similarly marked with the word SHAF rWAY in a manner which is easily visible to anyone approaching
the shaftway from the interior of the building, unless the construction of the partition surrounding the
shaftway is of such distinctive nature as to make its purpose evident at a glance.
902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of secured
openings or where immediate access is necessary for life-saving or fire fighting purposes, the chief is
authorized to require a key box to be installed in an accessible location. The key box shall be of a type
approved by the chief and shall contain keys to gain necessary access as required by the chief.
SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS
903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and 903.
903.2 Required Water Supply for Fre Protection. An approved water supply capable of supplying the
required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or
portions of buildings are hereafter constructed or moved into or within the jurisdiction.When any portion
of the facility or building protected is in excess of 150 feet(45 720 mm) from a water supply on a public
street, as measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains capable of supplying the required fire flow shall be provided when required by the
chief. See Section 903.4.
903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs,pressure tanks, elevated
tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by Appendix III-A.
903.4 Fire Hydrant Systems.
903.4.1 General.
903.4.1.1 Applicability. Fire hydrant systems and fire hydrants shall be in accordance with Section
903.4.
903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as
required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and
shall be repaired where defective. Addition$,repairs, alterations and servicing shall be in accordance with
approved standards.
903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7.
903.4.2 Required installations. The location, number and type of fire hydrants connected to a water
supply capable of delivering the required fire flow shall be provided on the public street or on the site
of the premises or both to be protected as required and approved by the chief. See Appendix III-B.
PAGE 5 EXHIBIT "A"
1994 UNIFORM FIRE CODE
Fire hydrants shall be accessible to the lire department apparatus by roads meedgg the
requirements of Section 902.2.
903.4.3 Protection, marking and obstructlon of hydrants. When NgmW to vehicular dausM fins
hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction,tion, am Section
1001.7.
903.4.4 Maintenance and use of hydrants. Sege Sections 1001.5 and 1001.6.2.
PAGE 6 EXHIBIT `A'
Tract No. 4741/UGM574 23-Jun-97
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (209)498-4451
BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION
2600 FRESNO MEET,FRESNO CA 93721-3604 TRAGI No. `>�:;;<!47!��[`:: >'
P B : UGM o.
PREPARED Y N
P.W.BY: � .
CHECKS FILE N
G G
ROSS
TRACT NAME: '� ACREA E
:..::....::....:.. .
ZONING: NET ACREAGE
............................_........................................... ........,......:.........fit ..
SUBDIVIDER AS PER MAP NUMBER OF LOTS
ADDRESS:
I SUBDIVISION CALCULATION S1lEET(Includes Early Construction Agreement Calculations)
(Bonding Amounts)
Ia.Water Construction
.......................................
.......................................
.......................................
Engineer's Estimate14Q5Q4
.......................................
.......................................
.......................................
Adjustments 99
.......................................
........................
Adjusted Cost Estimate <<`>:#. ¢ : 4`E1Q> > >`<>$ 6$ p4
lb. Water Well Construction
.......................................
.......................................
.......................................
Engineer's Estimate <$ Q
.......................................
.... .__.__........._.........
.......................................
Water Well Head Treatment
Adjusted Cost Estimate $ 00; ;
lc.Water Construction (Part of Early Agreement)
Engineer's Estimate �14(1,955.Ef4:
.......................................
Adjustments
Adjusted Cost Estimate165 (}7.U(IsStt:0¢::
page 1 I EXffiBTT 'B'
Thul No.474lfEJG S74 23,TWW
2a. Sewer Combvcdos
Ensinews Bstimab {
Adjusemenb
---------------------------------------
Adjusted coat Edim.b
2b. Sewn Consbncdon (Part of Eddy Agree
ti
Enginm's Eatim.te
Adjusbd Cat Estimate
3. Storm Sewn C nsku don (Part of Eari7 Ag )
:a
Engineer's&timate
Adjustmmb ----------------------
Aomftd Cat Bdimats
4. Street Co mhvcdm (Part of WY A=eUMMO
Snjiaeer'e&timateMom
Adjuatmmb
---------------------------------------
Adjusbd Cat Betimate .
4a. Street Cooabvcdm
Engineer's Estimate
A4=meab
Engineers Es imats(UDS
Storm Drain Coosbctiaa
4
Page 2 *BE
Tract No.4741MGM574 23-Jun-97
Street Construction Continued
Landscape,Fence and Irrigation Construction
Perimeter Masonry Wallor Solid Fence Construction
/LF.:.;:.;:.:;.:::.;::
Landscape.ffmgation Construction
Multi-Purpose Pedestrian/Bike Trail
Adjusted Cost Estimate
E-1 Type Electroliers
Ea
E-2 Type Electroliers
Ea
Safety.I-!.8h8..
Ea
Total Adjusted Street Estimate '' : ::; ;: 6<".:::>
Total Construction Cost for Inspection Fee Calculations '' 3 38Q
SubTotal for Bonding Calculaboos(Subtotal for Bonding less ECA Bonding)
.......................................
.......................................
.......................................
ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) << I43 __
ECA Total for Streets(For Inspection Fee Calculations)
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations73$ pt
7% of First$10,000.00($300.00 min) 7ttttf3
.......................................
.......................................
4% of next$490,000.00
2.5% of cost over$500,000.00 >< 59 56<
Total Inspection Fees 3g6S95$
.......................................
.......................................
Inspection Fees paid with the E. C. A. . .; ; 6 :E3
Total Inspection Fees Due with this Agreement € a3< 758
►..:... .........
Page 3 ExMrr -B-
7- 1
Tract No.47411Ut3MS74
Sub-ToW For Conshvdion Cost Bonding
Lot and Bloch '':', s "" Ba
Sub-ToW For Coosbvdion Cast Bonding
Construction Coutingeoay
i
ToMI Zsti■s&tai CMskvCd=
Cost
TOTAL VISPECTION FEES ANO TOTAL TED COST OF COMMCILIC Mi
I
Totd Inspection Few Due with this Agreement h
Totd Batimmal Construction Cost a
'Y TIONS
FIMW
of the Total Hsdmated Construction Cost
59 Secaft Deposit(Cash or C.D.)
pa-ocmm00-95%
Pim Sewrity
Labor dt MabecisL-SO% ..
Warranty Security:
SS of Fist$50.000.00
3 S of Neat$50.000.00
IS of Ned$400,000.00
1/2% of Costs Over$500.000.00
r+c :i2^fC� I
v1-1rwY
Totd Amount to be Retained for Warranty ": :`c
Tract No. 4741/UGM574 23-Jun-97
II SUBDIVISION FEES AND CHARGES
The Subdivider has deposited with the City the sum of
''1etsimtlEz:Hd:::....
......................
(S ''.big'.E t ) for the following:
(1) INSPECTION FEES
(2) MONUMENT CHECK FEE
LOTS MOW 00> /LOT(Including One Outlot
(3) IlVTERSECTION SIGNING
ea
(4) TRAFFIC REGULATORY/WARNING SIGNING
ea
(5) NO PARKING AND BIKE LANE SIGNING
ea
(6) STREET TREES:
A. City/Privately planted lot trees to be maintained.by the.lot owners.
W ;::: ..i.:.:.:
Trees .: €1Q�fi10.. /Tree
B. Street Tree Inspection Fee:
(a) Privately planted Lot Street Tree to be maintained by the lot Owner.
Trees /Tree
(b) Privately planted Buffer Street Trees to be maintained by the City's Lighting and
Landscaping Maintenance District No. 1
(O=no I=yes)
............................
.............................
............................
(7) FMFCD DRAINAGE FEE Zone District <R:= 1#G1VI
....:.:.............::..:...
MEMAc
' /Ac
(8) POND MAINTENANCE FEE
S
00"
_............. ....
(9) FRONTAGE ROAD ISLAND LANDSCAPING FEE
LF
_€ /LF
'<'
(10) SEWER TRENCH WATER COMPACTION CHARGE
CY
CY /
tii1[€
LOTS 51 THROUGH 55 AND 80 THROUGH 82 INCLUSIVE, HAVE "EARLY ISSUANCE OF BUILDING
PERMITS" (EIBP). THE FOLLOWING DEFERRED FEES LISTED REFLECT TOTAL AMOUNT TO BE
DEFERRED WITH EARLY ISSUANCE OF BUILDING PERMIT LOTS FEES OBLIGATIONS FACTORED OUT.
page 5 1 EXHIBIT "B"
Tract No.4741MOMS74 234un*
(U)IIGM FMZ STATION FEES
(Service Area No. )
(Zone District No. )
Deferred by Covenant (OMno lmyw
1 Acres ® /Ac
UOM Fire Station Fos due for EMP Luta
Not Fire Station Few Deferred(Less MP Loh)
Total LIM Fire Station Few Due with App neat
(12)IIGM NEIGEU30RHOM PARK FEES
(Service Area No. )
(Zone District No. )
Deferred by Covenant (Oin0 1�yw
ry Acres ® IAO
UOM Park Fees due for EM Loh
Net Part Few Deferred(Less EIBP Loh)
Total UOM Nd&orhood Part Few Due with Areemmt
(13)SANITARY SEWER CONNECTION CHARGES
(a)Lateral Charge
Deferred by Covenant (O-ao l—yw)
Nath Sommerville Drive
flow LF
Lateral OwSw due for MBP Loh
Net Lateral Chap Deferred(Lea EMP Loh)
Total Lateral Chane Due with ASmmmt
(b)0"*,d a Charge
(UGM Raimhursement Area No. )
Deferred by Coveasot Im.(0-20 1-
AC I
0 Me
LM Oversize Credih
Lm Ovmlepth Credits ( ]
Oversize O mp due for EMP Lots
Nst Ovosize CharSe Deferred(Lws EMP Loh)
Total Oversize Charge Due with Adreemmt
(c)Tnaok Sewer Charge
Trunk Sewer Service Areapji�� ::
i
:
z.,w::•:.: v: ;s;t:.::}�,'�` ."
:.:. n' :>'UMTS ® :; ... •Y/IdNTT
(d)Hwndm Trunk Sewer Capadty Enhanoe4na at Charge
Trunk Sewer Service Area
'::t>:M1i::;{`:;i;:v}::?:•:...,.,.,.. ./pF. I .v!1.••:^iii
Ul1lTS ® «: R•. :;v,/1TNlT >:>'c:;..:;•., ;�;:
pate 6 Bxfln1T'B'
Tzact No. 4741/UGM574 23-Jun-97
(e)Major Facilities Sewer Service Charge and Wastewater Facilities Charge
Fee obligation to be paid at the thea current rate in effect at the time of
issuance of building permit. The following fe rates have been adopeted by
the Fresno City Council:
MAJOR FACILITIES WASTEWATER FACILITIES
Effective Dates:
Non Truck Sewer Area = $200.00/Unit 09/01/1996 = $2,180.00/Unit
Trunk Sewer Area = $400.00/Unit 09/01/1997 = $2,310.00/Unit
09/01/1998 = $2,450.00/Unit
09/01/1999 = $2,600.00/Unit
Total Sewer Connection Charges 239x42s
(14)WATER CONNECTION CHARGES I9'F4t)
(a)Time&Material Charges("Wet-Tie") 91O;t(
.............................
............................
(Water&Materials Estimate No. 1 tiS Paid with E.C.A.
(Water Job No. ...<':;<'W: 3/17/1997
............
CM#87890
(b.1)Service Connection Charges
Deferred by Covenant (0=no 1=yes)
10 METERS
w Ea
- Ea.
> 1 n
1 METE ::::>� :><:<:::
20 METERS
Ea.
w
21n METERSO Ea.
......:::.:. . .
1 SERVICES cEs Ea.
w
1 E Ea.
_
1/2 S RVI
E)
.....:,:.:::...........
Total Service Connection Charges Due with Agreement „< Q
(b.2)Service Connection Charges Continued
Landscape Service Connections(Not Deferrable by Covenant)
2 METERS
Ea.<'� �.t){II
- Ea.
METE
(c)Frontage Charge
Deferred by Covenant EV(O=no 1=Yes)
North Sommerville Drive
:
: /LF
Frontage Charges due for EIBP Lots 9?Sf ?
Net Frontage Charge Deferred(Less EIRP Lots) > ? =:l:.VVwl
Total Service Connection Charges Due with Agreement <<' :597 > fi
(d) Fire Hydrant Charge
(Zone District
?61387:Q``SF0-75.. /100 SF ,?Iti
page 7 E3=1T 'B"
Tact No.4741/UGbW4
2S,Titai1�
a.
(e)Trauorebdm Grid Main Chums
(UGM Reimbunemeot Ara No.
Deferred by C.oveneot (0--no 1-yea
)
AC ® /AC
AC ® /AC
Lep TOM Credit [
TOM Charge due for EIBP Lots
Net TOM Charge Deferred(Lep EgBP Lott)
Total TOM Cherie Due with Apoeimmt -Paid wilt C Nits
(f)Water Cond ruction Charge
Mam LOTS ami
UNIT DEFENMON for Well Head &994Pepand Dept,dt water Sw*
Units by: ,.
(�UGM Water SW*Charge
(may well No.
• UNITSa.Om*® • ,ry /UNIT
Lep Well Credits [ ]
Net well Charge
(h)Well Bad Trafinent Fee
Well Had Tratmeot Service Ara
ti V4W UNrrSa=S.*® UMr/LOT
(i)Recharge Fee
..UNM&OTS- ® UrIIT/i,oT r
(�D%Bond Debt Service Fee
19%Band Debt Savior Area:
h. UNITS-* ® UNIT v ... . .
*•Units/Lots in the'Urban Reserve Area'
Total Water Connection Charges ,
(H)UGM MAJOR STREET CHARGE
Paid wili<
m;
Deferred by Cove mt k „ :Y(0—no 1—yep
AC 0 ;. . : IAC
Lou Major Street Credit
Net Major Sheet Charge This Zane
Total UGM or Sheet Due with
Maj �,�, Agreement .x:;::::::• ..................:.v....
page 8 j EXEMUT B'
i
Tract No. 47411UGM574 23-Jun-97
(16)UGM MAJOR STREET BRIDGE CHARGE omit"
"
.................................
..................................
(Zone *Elam )
Deferred by Covenant (0=no 1=yes)
A
C ><fi <>
/AC
Less Major Street Bridge Credit [ _ kt >']
Major UGM Street Bridge Charge due for EMP Lots $ r
Net Major Street Bridge Charge Deferred(Less EIBP Lots)
Total UGM Major Street Bridge Charge Due with Agreement <„ ?
(17)UGM TRAFFIC SIGNAL CHARGE19
Deferred by Covenant xm(0 1— es
- -y.:.1..::..::.::::......
AC /AC
Less Signal Credit I ...... ..... *4 ]
UGM Traffic Signal Charge due for EIBP LotsSt
Net UGM Traffic Signal Charge Deferred(Less EIBP Lots) >< $ '
Total UGM Traffic Signal Charge Due with Agreement $9 '
(18)UGM GRADE SEPARATION CHARGE
Deferred b
Covenant 0—no l—
—
es
Service Area, Zone:
:.:.<A
............... ..
:..................... .. .. ..
Total UGM Major Street Bridge Charge Due with Agreement ......
(19)UGM AT-GRADE RAILROAD CROSSING FEE N/A
Defernedby Covenant (O=no 1=yes)
Service
Area:
�j
f�/�,�(� C A
;:j24 M■��
............................ .....................:.......
Less At-Grade Railroad Crossing Credit
Total UGM At-Grade RR-Xing Fee
Total UGM At-Grade RR-Xing Fee Due with Agreement ..
(20)UGM TRUNK SEWER FEE N/A
(Service Area
(Zone District
Deferred by Coveasmt € (0=no 1=yes)
AC 0
Total UGM Trunk Sewer Fee Due with Agreement
SERVICE �
2 Y CE AREA
1 OVERLAY SEWER N/A `>_<:>�:::
O
1 :.: yy�//�y..{
Deferred by Covenant (o=no 1=yes)
A :./AC
Total OverlaySewer Fee Due with meat i E Q
... ..... ..
.......................................
22 UGM MAJOR STREET RIGHT-OF-WAY AC UISITION CHARGE N/A »<
>€.......................................
.......................................
.......................................
(23)UGM LOCAL STREET ACQUISTITON/CONSTRUCTION CHARGE N/A `>
.......................................
(24)UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE N/A
Page 9 EXHIBIT -B-
Tract No.4741MGM574 23-JWW
(ZS)UGM RIGHT-0F WAY CHARGE N/A
(26)LANDSCAPE MAIlaMNANCE DISTRICT FEE
A. AntimpaW Muma nnoe co.c Mahler Areas)
® \4 \.
.: Sq. Ft. ry u /S.F.
B. hwideaW Expeam(LeSd fees,Publmbow.Mai s,Bh Bring)
Lob
+—Wudee One Oudot a three living Unite A
(27)PRIVATE IRRIGATION LINE MAJNTENANCE FEE
ALF
ly
.......::i46ii� C:.v%K•:
TOTAL FEES AND CHARGES DUE WTTH AGR'EEMIEN'P
III FEE DEFE1tRALS
(1) UGM FIRE STATION FEES
(Service Area No. )
District No. �4
Deferred by Covenant
o •Acres ® 130M/Ac
UGM Firs Station Fen due with Agreement for EMP Lots
Not UGM FS 21 Few Deferred by Covaasnt aA m B®P Lots)
Total UGM Fire Station Few Deferred by Covenant
----------------
(2)UGM NEIGHBORHOOD PARK FEES
(Service Arae No.
(Z,oae District No.
Deferred by Covenant
UGM Paris Fees due with Agreement for EIBP Lod
Net UGM Park Few Deferred by Covmmt(Lees EMP Lod)
Total UGM Neighborhood Park Few Deferred by Caveoaat
(3)SANITARY SEWER FEES
(a)lAtWW Charge
Deferred by Covansnt
NorthSommerville Drive
�.... r...:;:...:....::...
ly ALF
Lateral Charge due with Agreement for EXBP Lad
Net Lateral Charge Deferred by Caveat(Lea EMP Lod)
Toed Lateral Charge Deferred by Coveoimt
page 10 87H03TT'B'
Tract No. 4741/UGM574 23-Jun-97
(b) Oversize Charge
(UGM Reimbursement Area No.
.. ..... .::.....
Deferred by Covenant
A46,
C1d.. Ac
Less Oversize Credits
Less Overdepth Credits [ >>< > < > ]
Less Oversize Charge due with Agreement for EIRP Lots '< $T
Net Oversize Charge Deferred by Covenant(Less EIBP Lots) LL << q ; '
Total Oversize Charge Deferred by Covenant
(4)WATER CONNECTION CHARGES
(a) Service Connection Charges
Deferred by Covenant
METERS �`yA.{.�Jy�}�y.y{��
Ea
® ��:::f::'!�Vi<YYV.M.:: "��iii::i�2���:}RV•�V!V�;:�:
• y'j�y.]�[�•��.]
.••••••••••••• ii:ii ii?i:iiii:ii
2
METERS Ea
Xi.'•i
• �•�
�• 1/2 METE �j�
ii:v:i•iii:J:�.
R�1y/�/) �yytJ��
{.� .
1• SERVICES>. .. ER CES Ea
•
» 1-1/2 SE VI
R CES Ea.
Total Service Connection Charges Deferred by Covenant 8 £ p(}s
(b)frontage Charge .
Deferred by Covenant
North Sommerville Drive
ALF
Frontage Charge due with Agreement for MP Lots "l t
Net Frontage Charge Deferred by Covenant(Less EIBP Lots) ``< S7E18
Total Frontage Charges deferred by Covenant E '
(c)Transmission Grid Main Charge
(UGM Reimbursement Area No.
Deferred by Covenant
A /
ACC
CC
.........:.:..............:..
Less TGM Credits :.....:................
Less TGM Charge due with Agreement for Lots:
Net TGM Charge fQ
Total TGM Charge Deferred by Covenant _............:<< ; Paid with Credits
(5)UGM MAJOR STREET CHARGE .l
..................................
.................................
..................................
.................................
is
Deferred by Covenant
24 AC IACCO,SIt?.E¢
Less Major Street Credit
Net Major Street Charge This Zone
Total UGM Major Street Deferred by Covenant (#O Paid with Credits
page 11 ( EXIUBIT -B-
Tract No.4741/UGMS74 23,Tos�9'�
(6)UGM MAJOR S VIM BRIDGE CHARGE
(Zow ,ti:"$ *a :,• )
Deferred by Covaosast
.:.
"MAC ® :.. /AC
Las Myoc Street Bridge Credit
Las Myon Street Bridge Charge due with Agreem ut for EIBP
Not Major Street Bridge Charge Deferred(las EIBP Lob)
Total UGM Mayor Street Bridge Cbrge Deferred by Covenant
('1)UGM TRAFFIC SIGNAL CHARGE
}:« •,:o •• �:;$ Deferred by CovenantAC
�K
r
,r k •.
.....n.........
Lea Traffic Signal Credit [ ]
Lea Traffic Signal Charge due with'Agmammit for EMP Lob
Not Traffic Signal Gorge Deferred(Dass E 03P Lob)
Total UGM Traffic Signal Charge Deferred by C7ovanant
(8)UGM GRADE SEPARATION CHARGE
Deferred by Covenant
Service Area. Zone:
AC ® /AC
Total UGM Grade Separation Charge Deferred by Cavukmt N/A
(9)UGM AT-GRADE RAII.ROAD CROSSING FEE
Deferred bey Covenant
Service Ares: ::.•,� r •�'�;x:,? ;A�'
AC ® $.}a /AC
}>:,rr:.
Lea At-Gisde RAAmd Crossing Cm& [ ]
Total UGM At4 ade RR-Xing Fee
Total UGM At-Grade RR Xing Fee Deferred by Covenant N/A
(18)IIGM TRUNK SEWER FEE
(Service Area
(ZoneDiattict ...... ..r
Deferred by Covenant
AC 0
Total UGM Tnmk Sewer Fee Deferred by Covenant `' NIA
(11)OVERLAY SEWER SERVICE AREA
Deferred by Covenant
.:::..:....
Total OvacLy Sewer Fee Deferred by Cavanant ,` '... . ,
TOTAL FEES AND CHARGES TO BE DEFERRED EY COVENANT r .•
page 12 ( EXHBTT�•
ACKNOWLEDGEMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdivider's Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s) of
Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741/UGM 574, is subject to an annual
assessment currently estimated at $ 145.00.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4741. I/We understand that the
current estimated assessment is only an estimate for the current year and that the current year and
that the assessment may increase or decrease in future years.
I/We also understand that by signing this document I/We have not waived my/our rights to
protest the assessment amount at the noticed annual public hearing held by the City Council.
Purchaser Date
Co-Purchaser Date Subdivider's Representative Date
EM MIRR?)
o HU as C as
ft4741.doc (June 11, 1997) another
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An ordinance of the City of Fresno, California, adding subsecti 14-107(f)of do Fresno
Municipal Code relating to deferral of water bond debt services in scheduled for
introduction to the City Council on Tuesday, Juno 24, 1997. Section 14-107(f)reads;
(fl In all zone districts, payment of Bond Debt Service Fees pursuant to subsection
1¢107(a)(8) may be deferred until issuance of a occupancy pemdt pursuant to an
agreement which coo forms to the r+equirenents of Section 12-4.6
The effective date of this ordinance shall become effective at 12:01 a.m. on the thirty-first
day after adoption.
If adopted as noted above the Bond Debt Sarike Fees for this subdivision would be defecred
by covenant for all lots except lots: 51 - SS and 80, 81 and 82, inclusive which.have
'Agreement for Early Issuance of Building Permit.` (EIBP)
1994 Bond Debt Service Fee
1994 Bond Debt Service Area: 101
96 units @ $ 895.00/ unit = $ 85,920.00
1994 Bond Debt Service Fee for EMP lots due with
Subdivision Agreement - $ 7,160.00
1994 Bond Debt Service Fee to be deferred by covenant = $ 78,760.00
If the ordinance listed above is approved prior to recordation of this map Section S of this
agreement will be modified by this addendum to read as follows:
S. The Subdivider has deposited with the City of the sum of Two Hundred Thirty-
Nurse Thousand Eight Hundred Sixty-Four and 60/100 Dollars ($ 239,864.60)for the total
fees and charges obligations as a condition of:final map approval. The dotal fees and charge:
are more particularly itemized in Exhibit W attached hereto and hereby made part of this
Agreement, except for the 1994 Bond Debt Service Fee listed above that would be deferred
by covenant.
The amount of the fee and charge obligations dye with the agreement will be reduced by
Seventy-Eight Thousand Seven Hundred Sixty and 001100 Dollars ($ 78,760.00).