HomeMy WebLinkAboutT-4749 - Agreement/Covenant - 8/17/2006• . i
SUBDIVISION AGREEMENT
City of
FRELm�14-1460
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4749
P.W. File No. 9873
UGM No. 484
THIS AGREEMENT is made this day of , 19 9& ,
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called
the "City," and LEO WILSON CO., INC., a California Corporation hereinafter designated and called
the "Subdivider," without regard for number or Gender.
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 2
RECITALS
A. The Subdivider has presented to the City, a certain final map of a proposed
subdivision of land located within the corporate limits of the City, known and described as Tract
No. 4749, Phase V of Vesting Tentative Tract No. 4300 /UGM 484, 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 shown on said map for the use and purposes specified thereon, and to
otherwise approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map, the dedication of such streets, highways and public places and easements as are delineated and
shown on said map, and deems the same as necessary for the public use, and also requires that any
and all streets delineated and shown on said map shall be improved by the construction and the
installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time
hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of
Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument and that all
such instruments of subordination, if any, are attached hereto and made a part of this instrument.
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
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 October
31, 1997 , except as noted in (b), (c) and (d) listed below:
b. Sidewalk and driveway approach construction shall be completed on or before
October 31, 1998, (the Subdivider may submit a written request to the Public Works Director
for an extension of time to complete the construction of the sidewalk and driveway
approaches).
c. Lot corner monumentation which shall be completed to the satisfaction of the
Director of Public Works as provided by the Fresno Municipal Code,on or before
October 31,1998, (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 October 31, 1998, 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 10.105(c), 10.201, 10.401, 10.402, 10.403, and 10.502
shown in Exhibit "A" attached hereto and hereby made a part of this Agreement. No
occupancy permit shall be issued until an approved "all weather" street frontage and access
is constructed with approved streetlighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or all of the streets
and improvements in said subdivision.
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 4
f. When a delay occurs due to unforeseen causes beyond the control and without the
fault or negligence of the Subdivider, the time of completion may be extended for a period
justified by the effect of such delay on the completion of the work. The Subdivider shall file
a written request for a time extension with the Director of Public Works prior to the above
noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any.
Extension of time for completion of improvements (including street trees planting) may be
granted by the Public Works Director with an extension fee from the current Master Fee
Schedule based upon the initial estimated total improvement cost. The Director of Public
Works shall give the Subdivider written notice of his determination in writing, which shall
be final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the City
of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution
No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work, improvements and conditions are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land divisions
shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance
of the subdivision and release of securities, the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final
setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is directed
to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No.
78-522 or any amendments or modifications which may be adopted by Council prior to the
actual installation of the lights. The Subdivider shall construct a complete underground street
light system as approved by the Traffic Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaries shall be in accordance with Resolution
Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council
prior to the actual installation of the lights and shall be approved by the City Traffic Engineer.
Section 12-10101(h) of the City of Fresno Municipal Code requires the undergrounding of
overhead utilities within the subdivision. Completion of all undergrounding of overhead utilities
will be required by Construction Management prior to release of securities.
' Subdivision Agreement
1 Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
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.
L All "Dead-End" Streets created by this subdivision shall be barricaded in accordance
with City Standards within seven (7) days from the time said streets are surfaced, or as directed
by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve this
tract shall be fenced in accordance with City Standards within seven (7)days from the time said
basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance with Section 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified in the Early Sewer and Water Construction
Agreement, dated June 20, 1996) 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.
i. Install landscaping and an irrigation system within the 10-foot landscape easement
along the rear property lines of all lots which back-onto the North Polk Avenue frontage of the
subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing
maintenance of the required landscaping until such time as a maintenance district has been
formed to provide for continued care and maintenance of the required landscaping .
The Owner also agrees to sign a petition asking the Council to include this Tract in the existing
Landscaping and Lighting Maintenance District No. 1. 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.
The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works
Department,Engineering Service Division,2600 Fresno Street,Fresno, California 93721-3623.
' Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 6
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 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.
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, Recreation and Community Services 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.
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
accepted responsibility for street tree planting and has posted Performance Security to secure
planting and maintenance until acceptance of the street trees by the City Parks, Recreation and
Community Service Department and occupancy and maintenance by lot owners.
The Subdivider has entered into a "Developer Tree Planting Agreement" with the City and shall
obtain a street work permit for all landscape installation shown on the plans as part of the
"Developer Tree Planting Agreement," the tree planting 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 which is not included in the approved landscaping plan.
1. Dedicate and improve Outlot "A" for public vista point purposes as designated on the
Bullard Community Plan to vista point standards pursuant to Section 5.2 of the Bullard
Community Plan. No final occupancy shall be issued for any dwelling unit of the subdivision
until the vista point is fully operational and accepted by the City unless an extension of time
is approved by the Director of the Development Department.
m. Install a 6-foot high wrought iron fence along the northerly property lines of all
proposed residential lots which abut Outlot "B" to prohibit access to said Outlot "B". The
Subdivider has executed a covenant of prepetual disclosure and maintenance of said required
fence by each lot owner. The required said fence for each lot shall be installed prior to final
occupancy of each lot. The Subdivider has posted performance security for the construction
of said fence.
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:
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 7
a. City Drawing Nos: 10-C-7224 through 10-C-7229 with Water Job No. 4383
(6 sheets), inclusive;
b. City Drawing Nos: 15-C-9388 through 15-C-9396 (9 sheet), inclusive;
c. City Drawing No: 4-C-435 (1 sheet), inclusive, unless specifically omitted herein.
5. The Subdivider has deposited with the City the sum of Seventy-One Thousand Eight
Hundred Fifty-Eight and 38/100 Dollars ($ 71,858.38) for the total fees and charges obligations
as a condition of final map approval. The total fees and charges are more particularly itemized in
Exhibit "B" attached hereto and hereby made part 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 improvements and
materials shall be done, performed and installed in strict accordance with the approved construction
plans for said work on file in the Office of the City Engineer of the City and the Standard
Specifications of the City, which said plans and specifications and standards are hereby referred to
and adopted and made a part of this Agreement. In case there are not any standard specifications
of the City for any of said work, it is agreed that the same shall be done and performed in
accordance with the standards and specifications of the State of California, Division of Highways.
All of said work and improvements and materials shall be done, performed and installed under the
inspection of and to the satisfaction of the City Engineer of the City.
8. Prior to the approval by the Council of the City of said final map, the Subdivider shall
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 8
furnish to the City:
a. Performance security in the sum of Six Hundred Fifteen Thousand and 00/100 Dollars
($ 615,000.00), which is equal to 100% of the total estimated cost of the work required. Five
percent (5%) of said amount, Thirty Thousand Seven Hundred Fifty and 00/100 Dollars
($ 30,750.00), shall be cash or a Certificate of Deposit; the remaining 95%, Five Hundred
Eighty-Four Thousand Two Hundred Fifty and 00/100 Dollars ($ 584,250.00) 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 Seven Thousand Five Hundred and
00/100 Dollars ($ 307,500.00), which is equal to 50% of the total estimated cost of the work
required to secure payment to all contractors and subcontractors performing work on said
improvements and all persons 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 Seven Hundred and 00/100 Dollars ($
700.00), 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. Performance security in the sum of Seven Thousand Two Hundred and 00/100
Dollars ($ 7,200.00), 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.
f. 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 Five Hundred Seventy-Five and 00/100 Dollars
($ 8,575.00), 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
Subdivision Agreement
t Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 9
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.
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. The City shall not be liable to the Subdivider or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or from any
cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any
part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save the City
harmless from and against any and all injuries to and deaths of persons, and all claims, demands,
costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly
from the performance of any or all work to be done in and upon the street rights-of-way in said
subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all
injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability,
howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider,
the Subdivider's agents, employees and subcontractors, while engaged in the performance of said
work. The Subdivider further agrees that the use for any purpose and by any person of any and all
of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Subdivider at all times prior to final acceptance by the City of the completed street and other
1 Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 10
improvements thereon and therein.
12. The Subdivider shall remedy any defective work or labor or any defective materials and
pay for any damage to other work resulting therefrom which shall occur within a period of one (1)
year from the date of acceptance of the work.
13. The Subdivider and his subcontractors shall pay for any materials, provisions, and other
supplies used in, upon, for, or about the performance of the work contracted to be done, and for
any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance
Act of the State of California, with respect to such work or labor, and shall file with the City
pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall
maintain a valid policy of Workers' Compensation Insurance for the duration of the period of
construction.
14. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City Engineer
who shall determine locations and depths to be tested. Any compaction tests failin to meet the
City's requirements shall be reordered by the City and paid for by the Subdivider or his agent.
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 11
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 the City of Fresno
be placed in the position of making decisions that are the responsibility of the Subdivider. It shall
further be the responsibility of the Subdivider to give the City Engineer written notice not less than
two (2) working days in advance of the actual date on which work is to be started. Failure on the
part of the Subdivider to notify the City Engineer may cause delay for,which the Subdivider shall
be solely responsible.
17. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of
his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
i Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 12
18. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
19. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the 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
' Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 13
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.
20. Concrete curbs and gutters, the sanitary sewer system and house connections, together
with water mains, gas mains, and their respective service connections, shall be completed in the
streets and alleys before starting the street and alley surfacing.
21. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit
of the parties hereto, their successors and assigns.
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 14
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 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
LEO WILSON CO., INC.
RAYMOND G. SALAZAR, DIRECTOR a California Corporation
PUBLIC WORKS DEPARTMENT
. Wilson, President
ATTEST:
REBECCA E. KLISCH
CITY CLERK
By
uty
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
FMDA CANTU MONTOY
City ey
By
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of FRESNO
On September 24, 1996 before me, PATRICIA A. BIXLER, NOTARY PIIBLIC
DATE NAME,TITLE OF OFFICER.E.G.,-JANE DOE,NOTARY PUBLIC-
personally appeared LEO A. WILSON
NAME(S)OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(y&*hose name(M is/are
subscribed to the within instrument and ac-
knowledged to me that he/&hnei� executed
the same in hisAK&FAUiai;- authorized
capacity(Les), and that by hist
signature(o on the instrument the person(V
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Ao PATRICIA A. BIXLER
Q z�; COMM. #988384 D WITNESS my hand and official seal.
NOTARY PUBLIC-CALIFORNIA CO
FRESNO COUNTY N
My Comm.Expires March 18,1997
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
Tm.E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 15
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On ,n,/,Q-, 1996, before me, I n f-p g.,P r.,,p e t
personally appeared Raymond Salazar, P.w. Dir-personally known to me (or provided to me on
the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity
upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
Byl:g
PUT
Tract No. 4749
P.W. File No. 9873
' Subdivision Agreement
Tract No. 4749
Phase V of Vesting Tentative Tract No. 4300
Page 16
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on W a.y k- 77, , 191in the office of the Fresno County Recorder in Book
Page Document No. of which the Deed of Trust in by and
between � o� I o p (_ Csla�.as Trustor, �'_ cry i� _ , as Trustee and
►„e - odnLj:ca�Cis Beneficiary, hereby expressly subordinates said Deed of Trust
and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No.
DATED: 2q , 19R�
4:WEP nt1J *J e-1W-
4 t JEP-V fw � ?
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of I r CA,�
County of ( n
On before me, WO 16kl)110,71 �bIL�
Date �n� C� Pe and T of OB' (e.g.,'Jane Dae,N ry Publia")
personally appeared GC
Name(s)of S' er(s)
��
(( ersonally known to me–OR–Elproved to me on the basis of satisfactory evidence to be the persons)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
MARY WALSH ; or the entity upon behalf of which the person(s) acted,
0Comm.#1988492 Q executed the instrument.
TARY PUBLIC CALIFORNI/►0
FRESNO COIJPITY
comm EVim a 21.1-7' WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �^ bLIT-ij
Document Date: I Z"1 C, YJ Number of Pages:
Signer(s) Other Than Named Above: ( 1/
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator -
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
J
0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
1991 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
GENERAL
Scope
Sec. 10.101. Fire protection shall be in accordance with this article.
Definitions
Sec. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM,
FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see
Article 9.
Permits
Sec. 10.103. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public
highways, alleys or private ways open to or generally used by the public. See Section 4.108.
EXCEPTION: A permit is not required for persons employed and authorized by the
water company which supplies the system to use or operate fire hydrants or valves.
Tampering with Fire-protection Equipment and Site Barriers
Sec. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances
belonging to or under the supervision and control of the fire department shall not be molested,
tampered with, damaged or otherwise disturbed unless authorized by the chief.
(b) Fire Hydrants and Fire Appliances. Fire hydrants and fire appliances required
by this code to be installed or maintained shall not be removed, tampered with or otherwise
disturbed except for the purpose of extinguishing fire, training, recharging, or making necessary
repairs, or when allowed by the fire department. When a fire appliance is removed as herein
allowed, it shall be replaced or reinstalled as soon as the purpose for which it was removed has
been accomplished.
(c) Site Barriers. Locks, gates, doors, barricades, chains, enclosures, signs, tags,
or seals which have been installed by the fire department or by its order or under its control
shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.
EXHIBIT "A" PAGE 1
1991 UNIFORM FIRE CODE
EXCEPTION: When authorized by the chief or performed by public officers
acting, within their scope of duty.
Obstruction, Identification and Protection of Fire Hydrants and Fire-
protection Equipment
Sec. 10.105. (a) Obstruction. Posts, fences, vehicles, growth, trash, storage and other
materials or things shall not be placed or kept near fire hydrants, fire department inlet
connections or fire-protection system control valves in a manner that would prevent such
equipment or fire hydrants from being, immediately discernible. The fire department
shall not be deterred or hindered from gaining immediate access to Fire-protection
equipment or hydrants.
A 3-foot clear space shall be maintained around the circumference of fire hydrants
except as otherwise required or approved by the chief.
(b) Identification. Fire-protection equipment and fire hydrants shall be clearly
identified in a mariner approved by the chief to prevent obstruction by parking and other
obstructions.
(c) Fire Hydrant Markers. When required by the chief, hydrant locations shall
be identified by the installation of reflective markers.
(d) Protection of Fire Hydrants. When exposed to vehicular damage, fire
hydrants shall be suitably protected.
Closure of Accessways
Sec. 10.106. (a) General. The chief is authorized to require the installation and
maintenance of gates or other approved barricades across roads, trails or other
accessways, not including public streets, alleys or highways.
When required, crates and barricades shall be secured in an approved manner.
When required to be secured, roads, trails and other accessways shall not be used unless
authorized by the owner and the chief.
(b) Trespassing. Trespassing upon roads, trails and other accessways which
have been closed and obstructed in the manner prescribed by this section is prohibited.
EXCEPTION: Persons authorized by the chief and public officers acting
within their scope of duty.
(c) Obstruction. Vehicles shall not be parked in a manner which obstructs the
entrance to roads, trails or other accessways which have been closed and obstructed in
the manner prescribed by this section.
Fire Protection in Mobile Home and Recreational Vehicle Parks
Sec. 10.107. Mobile home and recreational vehicle parks shall provide and maintain fire
hydrants and access roads in accordance with Divisions H and IV.
EXCEPTION: Recreational vehicle parks located in remote areas shall be
provided with protection and access roadways as required by the chief.
EXHIBIT "A" PAGE 2
1991 UNIFORM FIRE CODE
Division 11
FIRE APPARATUS ACCESS ROADS
General
Sec. 10.201. Fire apparatus access roads shall be provided and maintained in accordance
with this division.
Plans
Sec. 10.202. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
Required Access
Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or moved into or within the jurisdiction when any
portion of the facility or any portion of an exterior wall of the first story of the building, is
located more than 150 feet from fire apparatus access as measured by an approved route around
the exterior of the building or facility.
EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified by the
chief.
2. When access roads cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief is authorized to require addi-
tional fire protection as specified in Section 10.501 (b).
3. When there are not more than two Group R, Division 3, or Group M
Occupancies, the requirements of this section may be modified, provided, in the opinion
of the chief, firefighting or rescue operations would not be impaired.
More than one fire apparatus road shall be provided when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high-piled combustible storage, see Section 81.109 (a).
For open yard storage, see Section 30.102.
For hazardous materials, see Article 80.
For fire safety during construction, alteration or demolition of a building, see Section
87.103 (b).
EXHIBIT "All
PAGE 3
1991 UNIFORM FIRE CODE
Specifications
Sec. 10.204. (a) Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6
inches.
EXCEPTION: Upon approval by the chief, vertical clearance may be reduced,
provided such reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
Vertical clearances or widths shall be increased when, in the opinion of the chief,
vertical clearances or widths are not adequate to provide fire apparatus access.
(b) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather
driving capabilities.
(c) Turning Radius. The minimum radius of a fire apparatus access road shall be as
approved by the chief.
(d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
(e) Bridges. When a bridge is required to be used as access under this section, it shall
be constructed and maintained in accordance with the applicable sections of the Building Code
and shall use designed live loading sufficient to carry the imposed loads of fire apparatus.
(f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief.
Obstruction
Sec. 10.205. The required width of a fire apparatus access road shall not be obstructed
in any manner, including parking of vehicles. Minimum required widths and clearances
established under this section shall be maintained at all times.
Marking
Sec. 10.206. When required, approved signs or other approved notices shall be provided
and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction
thereof or both.
Division III
FIRE DEPARTMENT ACCESS TO BUILDINGS
Premises identification
Sec. 10.301. (a) General. Approved numbers or addresses shall be placed on all new
and existing buildings in such as position as to be plainly visible and legible from the street or
road fronting, the property. Said numbers shall contrast with their background.
(b) Street or Road Signs. When required by the chief, streets and roads shall be
identified with approved signs.
EXHIBIT "A" PAGE 4
1991 UNIFORM FIRE CODE
Key Boxes
See. 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
w
• of the facility or building protected is in excess of 150 feet from a water supply on a public
street, as measured by an approved route around the exterior or of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the chief.
Type of Water Supply
Sec. 10.402. Water supply may consist of reservoirs, pressure tanks, elevated tanks,
water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by the provision in Appendix M-A.
Fire Hydrants
Sec. 10.403. The location, number and type of fire hydrants connected to a water supply
capable of delivering the required fire flow shall be provided on the public street or on the site
of the premises or both to be protected as required and approved by the chief. Fire hydrants
shall be accessible to the fire department apparatus by roads meeting the requirements of
Division II.
For fire safety during construction, alteration or demolition of a building, see
Section 87.103 (c).
Division V
INSTALLATION AND MAINTENANCE OF
FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS
General
Sec. 10.501. (a) Type Required. The chief is authorized to designate the type and
number of fire appliances to be installed and maintained in and upon all building,s and premises
in the jurisdiction other than private dwellings. This designation shall be based upon the relative
severity of probable fire, including the rapidity with which it may spread. Such appliances shall
be of a type suitable for the probable class of fire associated with such building or premises and
shall have approval of the chief.
(b) Special Hazards. For occupancies of an especially hazardous nature or where special
hazards exist in addition to the normal hazard of the occupancy, or where access for fire
apparatus is unduly difficult, the chief is authorized to require additional safeguards consisting
of additional fire appliance units, more than one type of appliance, or special systems suitable
for the protection of the hazard involved. Such devices or appliances may consist of automatic
fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or
portable fire extinguishers, suitable fire blankets, g apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated or dry chemical or other special fire extinguishing systems.
Where such systems are provided, they shall be designed and installed in accordance with the
applicable Uniform Fire Code Standards.
(c) Buildings under Construction. Fire-protection equipment and systems shall be
installed and maintained in buildings under construction in accordance with Article 87.
EXHIBIT "A" PAGE 6
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. 47491UGM484 19-Sep-96
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (209)498-4451
BUII.DING AND SAFETY SERVICES DIVLSION/LAND DIVISION AND ENGINEERING SECTION
2600 FRESNO STREET,FRESNO CA 93721-3644 TRACT No. ?4749::: » »
>
T. TR./PHASE:
............:..........................
PREPARED BY: LOUiS:RQCHA;:::>:<;»:.::.;: »:<:::::>::>:<::::.>;> UGM No. .$ :::<:>:» ><>
CHECKED BY: ALAN KAW'A ........ _................:.............
_ . ....... :
.............
.
TRACT NAME: GROSS ACREAGE
.......4_.....`..`.<.
ZONING: R.;:ILCTG : ;:::.:.;; :.::::.:.::::: NET ACREAGE
.
.....................................
........................................
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS i2>
O< CO IN o ratio >:;';>>`.::: `'`> :`:':`':`; .:''. '`.. '.`.;:::.> ::.>..:';
LE...:WILSON C ,::a Cahf. rma Corpc� :.::::a:::> .. ... .:::.::.
::. , .. ::.
..S
ADDRESS: 1233WShaw Avei ::ute
:..
........... .. . ..:; : :
. .... .
: :....,
;:......
Rresri CA<9 7 1:. .::
0...:.:::.....
31_
.... :...
224-75 020 0 4
209 .
.._ S .
»:>
I SUBDIVISION CALCULATION SHEET (Includes Early Construction Agreement Calculations)
(Bonding Amounts)
Ia. Water Construction
.......................................
.......................................
.......................................
Engineer's Estimate „<; 565596!0Q'>
.......................................
.......................................
.......................................
Adjustments 53,654 00
Adjusted Cost Estimate 569,250:110:: 69,250;00
lb. Water Well Construction
.......................................
.......................................
.......................................
Engineer's Estimate „..::;::;::::5.0;:00:;::
.......................................
.......................................
............__.........._....._....
Water Well Head Treatment $0 00
Adjusted Cost EstimateSO-00;: So 00;
lc. Water Construction (Part of Early Agreement)
......................_...............
.......................................
.......................................
Engineer's Estimate65,69b 0(}
.......................................
.......................................
.......................................
Adjustments $18324 00 i
Adjusted Cost Estimate $84,020110 $84,020 00.
page 1 1 EXHIBIT 'B"
Tract No. 4749/UGM484 19-Sep-96
2a. Sewer Construction
.......................................
.......................................
.......................................
Engineer's Estimate X69:,604:011:;
Adjustments29.45Q'
Adjusted Cost
Estimate `` 99>054OQ
2b. Sewer Construction (Part of Early Agreement)
.......................................
.......................................
.......................................
Engineer's Estimate 6:9 604 00
.......................................
.......................................
.......................................
Adjustments $29,450-00
. ::. . ..............
Adjusted Cost Estimate .:0:.:.5...:4.:.:.:s
. : 954. ` .
........
.:.
3. Storm Sewer Construction (Part of Early Agreement)
.......................................
.......................................
.......................................
Engineer's Estimate
.......................................
.......................................
.......................................
.......................................
Adjustments
........_.............................
............ ..........
_..................._ ....................................
Adjusted Cost Estimate si. QQQ ; QO_
4. Street Construction (Part of Early Agreement)
.......................................
.......................................
.......................................
.......................................
Engineer's Estimate
......................................
.......................................
.......................................
.......................................
Adjustments
_...._.............
Adjusted Cost Estimate $0>00: $Q 00:
4a. Street Construction
.......................................
.......................................
.......................................
Engineer's Estimate S?6$ 1&460
.......................................
.......................................
.......................................
Adjustments _.. <_03:0.;141.601
.......................................
........
.......................................
.......................................
Engineer's Estimate(UGIvn _...._..._...............
.......................................
.......................................
.......................................
.......................................
Adjustments(UGM) ....................................
.
.......................................
.......................................
.......................................
Bluff Vista Point Construction
.........:.....:.......................
.......................................
.......................................
.......................................
.......................................
Adjustments
page 2 EXHIBIT "B'
Tract No. 4749/UGM484 19-Sep-96
Street Construction Continued
Landscape, Fence and Irrigation Construction
Perimeter Masonry Wall or Solid Fence Construction
ILF.
.............................
»:::: 6..:: 2E) ::
Landsoape/Irrigation Construction
SF..>:.::::.;:..: f."40*.--".----'. /SF. OOQ>
5200.:. .........::::::::5:::::::::::.
6-Foot Wrought Iron Fence along Northerly Property Line
;:::...11..6. a4 50....x..
.:::::.: ;:.::...........�...............
..
.......................................
.......................................
Adjusted Cost Estimate 327229Of
E-1 Type Electroliers
.............................
..::::::::::::::
Ea
YJCI`>
E-2 Type Electroliers
21 € "5001"i}0 Ea 5.. ;. '.:`
Safety Lighting
Ea
00.
........
Total Adjusted Street Estimate t .Z7 >9.
b()''
.......................................
Total Construction Cost for Inspection Fee Calculations 548' 3, 00
.......................................
SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) 5 8 0.33't1Q`
ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) $1:8307ttN)
ECA Total for Streets (For Inspection Fee Calculations)
INSPECTION FEE CALCULATIONS
.......................................
.......................................
.......................................
Total for Inspection Fee Calculations ' 54$03300
.......................................
.......................................
7% of First$10,000.00($300.00 min) r7o9 0a'
.......................................
.......................................
4% of next$490,000.00 5 9 (0
.......................................
.......................................
2.5% of cost over$500,000.00 $1,200 83;
.......................................
.......................................
.......................................
Total Inspection Fees2f50$3
.......................................
.......................................
.......................................
Inspection Fees paid with the E. C. A. `>5/b23E10
Total Inspection Fees Due with this Agreement
page 3 EXHIBIT "B"
Tract No. 4749/UGM484 19-Sep-96
.......................................
Sub-Total For Construction Cost Bonding 554803OiQ
.....
Lot and Block Corners, 202 :® SSO Q0;
.......................................
.......................................
.......................................
Sub-Total For Construction Cost Bonding <S;S58=I...3;OQ<
.......................................
.......................................
.......................................
Construction Contingency $56ZfG7;0t
.......................................
.......................................
.......................................
Total Estimated Construction CostSSQO( ;OQ<
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
.......................................
.......................................
.......................................
Total Inspection Fees Due with this Agreement 7T$.3'<
.......................................
Total Estimated Construction Cost » G15f0ltlQF>
SECURITY CALCULATIONS
Performance Security
.......................................
.......................................
.......................................
100% of the Total Estimated Construction Cost $ i15 0Q4
5% Security Deposit(Cash or C.D.) 3(?75Q 0(}i
.......................................
.......................................
.......................................
Performance-9596 $5842fUQO
Payment Security
.......................................
.......................................
.......................................
Labor&Materials-5096 S3Q7x5000
Warranty Security:
.......................................
.......................................
.......................................
596 of First$50,000.00 $25(10!E?0
.........................................
.....................................
.......................................
3% of Next$50,000.00 Q '
.......................................
.......................................
.......................................
1% of Next$400,000.00 4 OQ4 Of?
.......................................
.......................................
.......................................
1/2% of Costs Over$500,000.00 <:
Total Amount to be Retained for Warranty SBSTSOQ'
page 4 EXHIBIT "B"
Tract No. 4749/UGM484 19-Sep-96
II SUBDIVISION FEES AND CHARGES
The Subdivider has deposited with the City the sum of
0.ent'v-OaQ-1,u ad Er E gtmdkid 'and 38/IOQ Dollars :::<:::; >::`.`':::::::;:::::::::
...... :...:.::::. ..:.:.8 ...:.....:..................: ..:...............................................
..................................
.................................
($ for the following:
(1) INSPECTION FEES SIS78
.............:::::..
(Paid with Early Street Construction Agreement, 09/17/96, C.M. #96194)
(2) MONUMENT CHECK FEE
LOTS 00.00
L in 2
(3) INTERSECTION SIGNING
9
(4) TRAFFIC REGULATORYIWARNING SIGNING
It
ea
(S) NO PARKING AND BIKE LANE SIGNING
.;�'>ea
® :170 .::
(6) STREET TREES:
A. City/Privately planted lot trees to be maintained by the lot owners.
0<i Trees :>:::>::51.Ot}.0 <[ Tree >>::::<:::>SQ:4
® :::
B. Street Tree Inspection Fee:
(a) Privately planted Lot Street Tree to be maintained by the lot Owner.
......
7 Trees®$ `......$?5 0 Tree 51,80 0
(b) Privately planted Buffer Street Trees to be maintained by the City's Lighting and
Landscaping Maintenance District No. 1
L .00::
::.;:.;:.;:.:<.;;::.::.:
>1> 0 no 1—yes) ::: ..
(7) FMFCD DRAINAGE FEE Zone District R 11UGM Pre-Paid w/ A.D.N131
00000 Ac ® SD OQ /Ac S0 Q0<
_..................... .... . ............... ..
(8) POND MAINTENANCE FEE
SF ® /SF 50.:00
(9) FRONTAGE ROAD ISLAND LANDSCAPING FEE
LF ® /LF . . SO OQ:
(10) SEWER TRENCH WATER COMPACTION CHARGE
Cy ® /CY _.
page 5 EXHIBIT "B'
Tract No. 4749/UGM484 19-Sep-96
(11)UGM FIRE STATION FEEOa1'>
.::::..::.::.
.......................................
Service Area No. f>< 4>< >>`> <
( )
(Zone District No. R...L/UG.M. .::: )
__.............. ... Deferred by Covenant.............. >'Y (0=no 1=yes).........................._.....
.......................................
............................. .......................................
... .....
: 24:16 Acres ® SS47 00 /Ac 513;215 3 €
Total UGM Fire Station Fee Due with Agreement0-(a(3
.......................................
.......................................
.......................................
(12) UGM NEIGHBORHOOD PARK FEE <_ ..
Service Area No.
( )
(Zone District No. RIfLTGItfi )
:>::>.....::::::::............................
Deferred by Covenant <': `:. (O=no 1=yes)
24 16 ;Acres ® X1,695 00 /Ac $40;951 20
Total UGM Neighborhood Park Fee Due with Agreement SO DO.
.......................................
.......................................
.......................................
.......................................
(13) SANITARY SEWER CONNECTION CHARGES $29tls
(a)Lateral Charge(All Mains Installed by Developer)
Deferred by Covenant '(0=no 1=yes)
LF /LF...
LF /LF
Total Lateral Charge Due with Agreement 1:fLQ:`
(b) Oversize Charge
.............................
(UGM Reimbursement Area No. 19 )
Deferred by Covenant
(O=no 1=yes)
...................>:.
4 16 Ac ® X244 OQ /Ac 55,198'40.:
Less Oversize Credits(A.S. 11131
Less OverdeP th Credits
Net Oversize Charge `<z50ti0>
Total Oversize Charge Due with Agreement
Q;QO
(c) Trunk Sewer Charge
.........................................
..........................................
.........................................
Trunk Sewer Service Areart ntl #d< _< <`
.........................................
..........................................
52 UNITS ® 5570:00 /UNTT 529,600
(d) Major Facilities Sewer Service Charge and Wastewater Facilities Charge
Fee obligation to be paid at the then current rate in effect at the time of
issuance of building permit. (when applicable)
Total Sewer Connection Charges
page 6 EXHIBIT 'B'
Tract No. 4749/UGM484 19-Sep-96
......................................
(14) WATER CONNECTION CHARGES 35 '31<
.......................................
.......................................
.......................................
(a)Time& Material Charges ("Wet-Tie") ; 10`;000:00
..:.... ... :::.
(Water&Materials Estimate No. 11G` Paid W/E.C.A. 06/20/96
(Water Job No. 438 ':> C.M. #84484
(b.1) Service Connection Charges
Deferred by Covenant <(0=no 1=
yes)
>'Tii< M RS Ea.
1 ETERS >>`24"640Et0
Lots: 10, 24, 44, 50 and 2-future lots in Lot 52
METERS® : X470 00< Ea.
.....:
,:.:
X2.$20 Q
.;:....
2" METERS ® Ea. ::.:.::... W
...:. .....
2-1/2' METERS® Ea. f0 Qp
. ..
1-1/2" SERVICES® Ea. S4 OQ:
Total Service Connection Charges Due with Agreement fi0(0
(b.2) Service Connection Charges Continued
Landscape Service Connections(Not Deferrable by Covenant)
1SERVICES ® ..;,:...;;735:04: Ea. ;,$1029iQt :
-:::;:
I:: 1" METER ® 20 00. Ea. 530 Oil
. 2" METER ® .t20 00 Ea. »:.::......560
(c) Frontage Charge(All Mains installed by Developer)
......
Deferred by Covenant 1 (0=no 1=yes)
LF ® /LF $0;00.;;
:..
Total Service Connection Charges Due with Agreement0U4
(d) Fire Hydrant Charge
..........................................
.........................................
..........................................
.........................................
(Zone District R=1C,M < )
.: .::..
...
... 750515:0::: SF® ...... SO 75. /100 SF $5,6.283. .
(e)Transmission Grid Main Charge
............................
.............................
............................
.............................
(UGM Reimbursement Area No. >i )
Deferred by Covenant :1 (0=no 1=yes) ::
f>> / C
AC
A13 5n.
0>t <
Less TGM Credits #131 A.D.
( )
Net TGM Charge0`a)0
Total TGM Charge Due with Agreement 50.00:
(f)Water Construction Charge
LOTS :/LOT
25
;:
page 7 Exams B.
Tract No. 4749/UGM484 19-Sep-96
UNIT DEFINMON for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply
......:..:.............................................................
Units b Livia`::TT.... <>«<i> > >><>>
Y .... ............................_........................
(g)UGM Water Supply Charge
.............................
(Supply Well No.
'S2>
UNITS/LOTS 354:00>::/UNIT '»' 1$:>4Q8 >`:
Less Well Credits
Net Well Charge $d08..
(h)Well Head Treatment Fee
............................
.............................
............................
.............................
Well Head Treatment Service Area >201<
04NIT/LOTUNTTS/L TS_ :
(i)Recharge Fee
.............................
............................
.............................
Recharge Service Area 2QI
..........
S2> UNITS/LOTS OQ> UNTT/LOT i10
::><:
(j) 1994 Bond Debt Service Fee
............................
.............................
............................
1994 Bond Debt Service Area: ;: 4
'.i UNITS . UNIT
>S2.
....................... ® ............. ..............................
.......................................
Total Water Connection Charges3S3I86'
.......................................
.......................................
.......................................
(15)UGM MAJOR STREET CHARGE _`<>'> SQf1K3
.................................
..................................
............................I...I
..................................
(Zone C '> >< < )
...
Deferred by Covenant I (0 no 1=yes)
Z46 AC ® 1.,93;0<00.../AC
Less Major Street Credit(A.D. //131)
Net Major Street Charge This Zone '> 04Q
Total TGM Major Street Bridge Charge Due with Agreement ;;:::gip<OOi
.......................................
.......................................
.......................................
(16)UGM MAJOR STREET BRIDGE CHARGE $ Oi}'
..................................
.................................
..................................
............ .
....................
(Zone CTD::Z
........ ..
Deferred by Covenant :: (0—no 1— es.. ......
......... ::::...:. — —Y. �...
A
:. AC /AC
?fl'4t >
:.;:.;:.;;:.;
...........:.:...............
t
o Street Bridge Credit
Less Major� g
Net Major Street Bridge Charge <>S` 'f570`4ti'
Total TGM Major Street Bridge Charge Due with AgreementQ0
.......................................
.......................................
.......................................
(17)UGM TRAFFIC SIGNAL CHARGED
Deferred by Covenant (0=no 1=Yes)
"'[AC
» /AC
: : 4::X6;:. ® :>:> >:;���0'fl0::. € >;;::;:<�;;:.;;►;:;.;;;:.;:�;;:.;;.>
....................................:..
.......................................
Less Signal Credit(A.D. #131) [ 'SGf41x ]
Net Traffic Signal Charge X14,736b
Total TGM Major Street Bridge Charge Due with AgreementOQ,
page 8 EXHIBIT 'B'
Tract No. 4749/UGM484 19-Sep-96
(18)UGM GRADE SEPARATION CHARGE
Deferred b Cov = —
t
e�aa 0 ao 1— es
MOM"
(Service Area, Zone:
....:.:................................
241:6> AC
.::.....................................:
/AC;;;;:.
Total UGM Major Street Bridge Charge Due with Agreement iqt €
(19) UGM AT-GRADE RAILROAD CROSSING FEE
Deferred by Covenant (0=no 1=Yes)
Service
Area:
16:>;AC «<> /AC
Service
Area:
Less At-Grade Railroad Crossing Credit
Total UGM At-Grade RR-Xing Fee
Total UGM At-Grade RR-Xing Fee Due with Agreement `SOQt
(20)UGM TRUNK SEWER FEE
................
.............;;;
(Service ce
Area
(Zone District TZICTG> )
........................................
Deferred by Covenant :: (0 s no 1=yes)
AC
A 00
_.
Total UGM Trunk Sewer Fee Due with Agreement ;504
21 OVERLAY LAY SEWERSER
VICE AREA
.......::::............................
Deferred by Covenant (0=no 1=yes)
:(
Total OverlaySewer Fee Due with Agreement 'SOElQ'
»:«:»
8 ...................
22 UGMRIGHT-OF-WAYMAJOR STREFT ACQIISITI
ON CHARGE
(23 UGM LOCAL STREET ACQUISITION/CON U
CTION CHARGE
(24)UGM STREET BRIDGE RIG T-0F-W Y ACQUISITION CHARGE
-
[< <<(25) UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE
(26)LANDSCAPE MAINTENANCE DISTRICT FEE
A. Anticipated Maintenance Cost(Plante.r Areas)
...__..
7208, Sq. Ft. ® $0 19 /S F 51,369:52:
B. Incidental Expenses(Legal fees,Publications, Mailings, Engineering)
84 Lots ® 55 00 /Lot 5420:00
NOTE: Lots 51&52 will be charged a total SI,189SZ
of 34 Assessment District Units.
(27) PRIVATE IRRIGATION LINE MAINTENANCE FEE
LF ® /LF 50.00
. ................... .............
TOTAL FEES AND CHARGES DUE WITH AGREEMENT S7I,858'38.:
page 9 EXHIBIT "B'
Tract No. 4749/UGM484 19-Sep-96
III FEE DEFERRALS
.......................................
.......................................
.......................................
(1) UGM FIRE STATION FEE
..... _............._._. ...... >`>>: S13Z1S52>
.........................................
..........................................
(Service Area No. [> 14 > >« )
(Zone District No. RtfUcm...:.:;::;:::
........................................
Deferred by Covenant
24 Acres ® $547 OQ /Ac ;:; 13,21 52
Total UGM Neighborhood Park Fee Deferred by Covenant $13, 152
.......................................
(2)UGM NEIGHBORHOOD PARK FEE
Service Area No. 5<><> >< > ><
( )
(Zone District No. R )
Deferred by Covenant
_................ _....._...........................
..
......................
—24: b: Acres ® 51,69:SQ0. /Ac X40;951 20.;
Total UGM Neighborhood Park Fee Deferred by Covenant $4U95I.2E:
.......................................
.......................................
.......................................
.......................................
(3) SANITARY SEWER FEES
(a)Lateral Charge
Deferred by Covenant
_. . ...... _................
................... .._ _................. ...........
0 00; LF ® 50.00::; /LF
... .............................
__...__. _.....................
.......................................
O OU LF
S .00. /LF
00
Total Lateral Charge Deferred by Covenant
(b) Oversize Charge
............................
.............................
............................
.............................
(UGM Reimbursement Area No. ;:0;':)
..........
Deferred by Covenant
24 1C. Ac ® 5240'--Dt /Ac $5,798 40
......................................
Less Oversize Credits(A.D. 1/131) [ .;;;::::::525;21 ::1:1:: ]
.......................................
.......................................
.......................................
Less Overdepth Credits [ : < `"<5000 l
......:................................
.......................................
.......................................
.......................................
Net Oversize Charge ::50.00.;;
Total Oversize Charge Deferred by Covenant PD.1W CREDITS
.......................................
.......................................
.......................................
(4)WATER CHARGES $ 460x4
(a) Service Connection Charges
Deferred by Covenant
77> 1" METERS ® 5320 001 Ea. 524,640'OU
1-1/2" METERS® -.-::::;:!:$470.00.:. Ea. $2,820 00
Q<2" METERS ® $0 00. Ea $0 00
0- 2-1/2" METERS® $0 00 Ea. 'Op
0 ` i" SERVICES ® :SO:IlO... Ea. 50 04
1-1/2" SERVICES $0;00.. Ea. _ .50 00
Total Service Connection Charges Deferred by Covenant527;460 t?0
page 10 EXHIBIT "B"
Tract No. 4749/UGM484 19-Sep-96
(b)Frontage Charge
Deferred by Covenant
fl 00:`:LF ® ............:: Q Ofl.: /LF >.; Sfl flfJ.i
LF
Total Service Connection Charges deferred by Covenant SQQ
(c) Transmission Grid Main Charge
............................
.............................
............................
(UGM Reimbursement Area No. < >
............................
Deferred by Covenant
61�AC
1 ,529 6fl
AC ® 50 OQ /AC ...SU UO.
Less TGM Credits(A.D. #131) ( 53126fl lL ]
.........................::........:...
.......................................
.......................................
Net TGM Charge 50a)0
Total TGM Charge Deferred by Covenant :50:x):'`PAID W/CREDITS
(5)UGM MAJOR STREET CHARGE
.................................
..................................
.................................
(Zone R=IILIGM )
...........................
Deferred by Covenant
°:6
`4. AC 1:......,.0;00.../
> .::. :::::. ® x:....93;...:::.. AC
Less Major Street Credit
:.............................:....:...
.......................................
.......................................
Net Major Street Charge This Zone(A.D. #131) ::::::;::50. 0
Total UGM Major Street Deferred by Covenant SO:a* PAID W/CREDITS
40
..........
.......................................
.......................................
.......................................
(6)UGM MAJOR STREET BRIDGE CHARGE ``> :515 40
..................I...............
.................................
(Zone R 1/UGIvi; )
Deferred by Covenant
.................... __.......
.................... ......................
24 16: AC ® $65' 00 /AC 51.570 4p
.......................................
.......................................
.......................................
Less Major Street Bridge Credit ( ` ; J
.................................I.....
.......................................
.
Net Major Street Bridge Charge $1t5?0 4U
Total UGM Major Street Bridge Charge Deferred by Covenant SI,57940:
.......................................
.......................................
.......................................
(7)UGM TRAFFIC SIGNAL CHARGE U.43,35?X
.......................................
Deferred by Covenant
':
Z4 I6AC ® 586Q OU /AC 20,7'I' 'W.-.
............................:..:.......
.......................................
Less Signal Credit(A.D. #131) ( 5603 ` l
Net Traffic Signal Charge $14,73&'.261-1
Total UGM Traffic Signal Charge Deferred by Covenant 5.14.,73..6.26.:;
(8)UGM GRADE SEPARATION CHARGE
.......................................
.......................................
Deferred by Covenaat ....:..........<
(Service Area, Zone: AIVU
24 f6.::AC ® 0 00 /AC 50 Ofl;
Total UGM Grade Separation Charge Deferred by Covenant _ ..... OQ.
page 11 EXHIBIT "B"
• Tract•No. 4749/UGM484 19-Sep-96
(9)UGM AT-GRADE RAILROAD CROSSING FEE .. ....
........
.
.........::::.:................:....:..
Deferred by Covenant
...............................................................
_... ......_..............................
Service Area: 1rRR >.
..................
>:::74 6d. AC ® 50;00.;/AC
...:::.:.:.::.;:: .
................
Service ry ce Area:
E;;<:
......n....00, AC ® _....a0.OQ,. /AC
Less At-Grade Railroad Crossing Credit
...........................::....::....
.......................................
.......................................
Total UGM At-Grade RR-Xing Fee
Total UGM At-Grade RR-Xing Fee Deferred by Covenant0
.......................................
.......................................
(10)UGM TRUNK SEWER FEEOl'
ERR(Service Area )
(Zone District = J[JGI )
Deferred by Covenant
4T` AC OQO> /AC 0 >
2
AC /AC
/
® >> ( <
S
LOT »<' /LOT
Total UGM Trunk Sewer Fee Deferred by Covenaat0>00
.......................................
.......................................
(11) OVERLAY SEWER SERVICE AREA <> 0.
Deferred by Covenant
'....Z46' AC ® S0.00.:/AC 00
Total Overlay Sewer Fee Deferred by Covenant i0q(k?
.......................................
TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT »" 3 3
page 12 EXHIBIT 'B'
f
•
1 ,
ACKNOWLEDGEMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s) of
Tract No. 4749, is subject to an annual assessment currently estimated at $ 54.00.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4749. 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 Subdividers Representative Date
M749.doc ( , 1996)