HomeMy WebLinkAboutT-4830 - Agreement/Covenant - 8/16/2006 r
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CITY OF FRESNO
DgVZ'OPMMDEPARTMSNP JAN 2 7 1998
UN 7"Mo ar"
FRESNO CA 93721-3604 i r-:t n f' C'(-)P.S f f w ,t
FRESNO COUNTY,CALIFORNIA
WILLIAM C. GREENWOOD,County R�cord�t
Donita Ghimenti FEE
S
SUBDIVISION AGREEMENT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 937213616
(209) 498-1602
Tract No. 4830
UGM No. 551
P.W. File No. 9954
Phase II of Tentative Tract No. 4339
THIS AGREEMENT is made this_ day of , 19�,
by and between the City of Fresno, a Municipal Corporation, hereinafter desi n and called the
"City," and LAND DEVELOPMENT, INC., a California Corporation, 7545 North Del Mar Avenue,
Suite 206, Fresno, California, 93711,hereinafter designated and called the "Subdivider," without regard
for number or Gender.
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 2
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed subdivision
of land owned by the Owner and located within the corporate limits of the City, and known and
described as Tract No. 4830, (Phase 11 of Tentative Tract No. 4339) said Owner has requested the City
to accept the dedications delineated and shown on said map for the use and purposes specified thereon,
and to otherwise approve said map in_order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said map,
the dedication of such streets, highways and public places and easements as are delineated and shown
on said map, and deems the same as necessary for the public use, and also requires that any and all
streets delineated and shown on said map shall be improved by the construction and the installation of
the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to
enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the
work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time
hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of
Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest in the
Subject Property which may ripen into a fee have subordinated to this instrument.
F. All such instruments of subordination, if any, are attached hereto and made a part of this
instrument.
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
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
January 31, 1999
b. Sidewalk construction shall be completed no later than January 31, 2000
C. Lot corner monumentation shall be completed upon construction of the residential
dwellings in but no later than January 31, 2000 to the satisfaction of the Director
of Public Works as provided by Code.
d. Lot trees shall be planted by January 31, 2000, or upon occupancy of each
individual dwelling, whichever occurs first, to the satisfaction of the director of
the City Parks, Recreation and Community Services Department as provided by
code.
e. Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the Uniform Fire Code(UFC). The Subdivider's
attention is particularly called to UFC Sections 10.105(c), 10.201, 10.401,
10.402, 10.403, and 10.502 shown in Exhibit "A" attached hereto and hereby
made a part of this Agreement. No occupancy permit shall be issued until an
approved "all weather" street frontage and access is constructed with approved
streetlighting on line and operational. The issuance of any occupancy permits by
the City for dwellings located within said subdivision shall not be construed in
any manner to constitute an acceptance and approval of any or all of the streets
and improvements in said subdivision.
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
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339lUGM No. 551
Page 4
a period justified by the effect of such delay on the completion of the work. The
Subdivider shall file a written request for a time extension with the Director of
Public Works prior to the above noted date, who shall ascertain the facts and
determine the extent of justifiable delays, if any. Extension of time for
completion of improvements (including street trees planting) may be granted by
the Public Works Director with an extension fee from the current Master Fee
Schedule based upon the initial estimated total improvement cost. The Director
of Public Works shall give the Subdivider written notice of his determination in
writing, which shall be final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and made
a part hereof, shall be done in accordance with the construction standards contained in the City of
Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No.
84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance
of the subdivision and release of securities, the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final
setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by Council
prior to the actual installation of the lights. The Subdivider shall construct a complete
underground street light system as approved by the Traffic Engineer prior to final acceptance
of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in
accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which
may be adopted by Council prior to the actual installation of the lights and shall be approved by
the City Traffic Engineer.
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
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 Estimate No. E-16312. The amounts
identified (in the Early Sewer, Water and Storm Sewer Agreement, recorded October 16, 1997)
below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost
of construction. Should the actual construction cost be less than the deposit, the Subdivider shall
be refunded the excess. Should the actual construction cost be greater than the deposit, the
Subdivider shall be billed by the City of Fresno for the difference and shall be directly
responsible for payment.
i. Subdivider has attempted but is unable to acquire and dedicate to the City all
easements required for street purposes related to this Agreement prior to final map approval.
Pursuant to Section 12-101l(b)(6) of the Fresno Municipal Code, Subdivider requests that City
acquire the necessary easement or dedication through negotiation or the lawful exercise of City's
power of Eminent Domain. Subdivider agrees to observe all the terms and conditions of the
Addendum to Subdivision Agreement(Right-of-Way Acquisition)("Addendum")attached to this
Agreement and incorporated herein by this reference. Subdivider shall deposit with the City in
cash or Certificate of Deposit or by Instrument of Credit the sums required by the Public Works
Director pursuant to the Addendum.
Such sums shall be security to pay the City the initial cost to acquire the necessary easement,
including but not limited to:just compensation and damages for the interests acquired, City legal
and non-legal staff time as needed to attempt a negotiated purchase, appraisal fees, court costs
and the related expenditures mentioned in the Addendum to acquire the easement through the
r
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 6
lawful exercise of the City's power of Eminent Domain. If deposited funds are less than the
actual full cost to acquire all necessary right-of-way, the Subdivider shall remit to the City such
additional sums as may be required from time to time to prosecute the matter to the conclusion,
such further payment to be made within ten (10) days of the mailing to the Subdivider of a
notice requesting such additional cost. If deposited sums exceed the actual full cost to acquire
the subject right-of-way, then at the conclusion of acquisition proceedings City shall refund the
difference as soon as the City determines the amount of such excess.
j. As a condition of tentative map approval the subdivider is required to install
landscaping and an irrigation system in a 10-foot landscape easement along the side property
lines of all lots.which.side-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 District.
The Owner also agrees to sign a petition asking the Council to include this Tract in the existing
District. Additionally, the Subdivider is required to provide the City of Fresno with copies of
signed acknowledgements (see Exhibit "C") from each purchaser of a lot within the subdivision,
attesting to the purchaser's understanding that the lot will have an annual landscaping
maintenance assessment and that the purchaser is aware of the estimated amount of the
assessment.
The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works
Department, Engineering Services Division,2600 Fresno Street, Fresno, California 93721-3623.
k. Perform and construct all work shown on the following referenced plans [City
Drawing Nos: 10-C-7386 through 10-C-7388 with Water Job No. 4442 (3 sheets) inclusive;
15-C-9636 through 15-C-9639 (4 sheets) inclusive; 4-C-458 (1 sheet) inclusive, unless
specifically omitted herein.
1. Install and complete all other street improvements required by Section 12-1012
of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and
the construction plans.
M. The Subdivider has deposited with the City the sum of One Hundred Thousand
Five Hundred Sixty-Three and 12/100 Dollars ($100,563.12) for the total subdivision fee and
charge obligations as a condition of final map approval. The total fees and charges are more
particularly itemized and made a part of this agreement in the attached
Exhibit "B."
c
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 7
4. It is agreed that the City shall inspect all work. All of the work and improvements and
materials shall be done, performed and installed in strict accordance with the approved construction
plans for said work on file in the Office of the City Engineer of the City and the Standard Specifications
of the City, which said plans and specifications and standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any standard specifications of the City for any of
said work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements and
materials shall be done, performed and installed under the inspection of and to the satisfaction of the
City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map, the Subdivider shall
furnish to the City:
a. Performance security in the sum of Two Hundred Thirty-Six Thousand and 00/100
Dollars ($236,000.00), which is equal to 100% of the total estimated cost of the work required.
Five percent (5%) of said amount, Eleven Thousand Eight Hundred and 00/100 ($11,800.00),
shall be cash or a Certificate of Deposit; the remaining 95%, Two Hundred Twenty-Four
Thousand Two Hundred and 00/100 Dollars ($224,200.00) 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 One Hundred Eighteen Thousand and 00/100
Dollars ($118,000.00), which is equal to 50% of the total estimated cost of the work required
to secure payment to all contractors and subcontractors performing work on said improvements
and all persons furnishing labor, materials or equipment to them for said improvements.
Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the
City and on forms furnished by the City.
C. Any and all other improvement security as required by Fresno Municipal Code,
Section 12-1016.
t
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 8
6. On acceptance of the required work, warranty security shall be furnished to or retained
by the City, in the amount of Five Thousand Three Hundred Sixty and 00/100 Dollars ($5,360.00), for
guarantee and warranty of the work for a period of one (1) year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of
the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of
Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used
for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to the
Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such
land be privately or publicly owned.
8. The City shall not be liable to-the Subdivider or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or from any cause
whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof.
The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and
against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, resulting directly or indirectly from the performance of any
or all work to be done in and upon the street rights-of--way in said subdivision and upon the premises
adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all
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
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 9
purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall
be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of
the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials and
pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year
from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and other
supplies used in, upon, for, or about the performance of the work contracted to be done, and for any
work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the
State of California, with respect to such work or labor, and shall file with the City pursuant to Section
3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of
Workers' Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall
include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines.
All other compaction testing for private utility installations shall be paid for by the Subdivider or his
agent. Compaction testing performed for determination of compliance with City Standard Specifications
shall at all times remain under the control and direction of the City Engineer who shall determine
locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall
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.
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 10
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes
and any other codes of the City.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the determination of
liability if one operation delays another. In no case shall representatives of the City of Fresno be placed
in the position of making decisions that are the responsibility of the Subdivider. It shall further be the
responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working
days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider
to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider
fails to duly notify City as herein required, any work done in the absence of the Engineer will be
subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable
materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials
have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release
of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time work
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 11
is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust
control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved
dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity
of vehicles and equipment onto any street area or private property adjacent to the subdivision.
Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any
street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to
comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the
Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement
on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the
Subdivider at his address on file with the City Engineer. If, within twenty-four (24) hours after such
personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein
provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any
time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of
any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to
eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer
shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the
entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed,
this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between the
commencement and final completion, and adequate dust control shall be maintained during these
operations.
Subdivision Agreement - Updated to include Acquisition Addendum
Tract No. 4339/UGM No. 551
Page 12
17. 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.
18. 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.
19. 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
LAND DEVELOPMENT, INC. a California
RAYMOND G. SALAZAR, DIRECTOR Corporation
PUBLIC WORKS DEPARTMENT
By:
S ley.SpooWesident
ATTEST:
APPROVED AS TO FORM:
HILDA CANTU MONTOY
City Attorney
By
D puty
(Attach Notary Acknowledgment)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On — g , 1998, before me, �fQ CE L21 W E G U 0 R t='I--- personally
appeared Raymond G. Salazar,director of the Public Works Department 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.
CITY CLERK
REBECCA E. KLISCH
By
UTY
BJW:bjw (10/31/1997)
FT4830B.DOC
CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT
State of California
County of F Qesoo
Ona 31 )q-1 before me, ,
DATE
personally appeared Gl,�
personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence)to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and .,,. AMY L.KELLEY
that by his/her/their signature(s) on the instrument COMM.#1153810
NOTARY PUBLIC-CALIFORNIA
the person(s), or the entity upon behalf of which H FRESNO COUNTY
NIr Cs m.Es p.Aug.30,1100,
the person(s) acted, executed the instrument.
WIT SS y hand and o ici seal.
)'SIGNATURE OF NOTARY
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The data below is not required by law, though 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 OF DOCUMENT
TITLEIS)
ElPARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S) NUMBER OF PAGES
❑ ATTORNEY—IN-FACT
❑ GUARDIAN/CONSERVATOR
❑ OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
NAME OF PERSON(S)OR ENTITYOES)
SIGNER(S) OTHER THAN NAMED ABOVE
Tract No. 4830
P.W. File No. 9954
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on September 8, 1995, in the office of the Fresno County Recorder as Document No.
95119639 re-recorded on September 20, 1995 in the office of the Fresno County Recorder as
Document No. 95119639 of which the Deed of Trust in by and between Land Development,
Inc., a California Corporation, as Trustor, United Security Bank, a National Association, as
Trustee, and United Security Bank, a National Association, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement for Tract No. 4830/UGM 551.
DATED: \L- 3 , 19L-1—
United Security Bank, a National Association
By�-�
Kbv"GA' KWi-
By:
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On 11/3/97 before me, Dawn R. Zitek, Notary Public
DATE
personally appeared Katherine Karst ,
D personally known to me - OR - ❑
vYAt =) to be the person(s) whose name(s) is/zce NOTARY STAMP OR SEAL
subscribed to the within instrument and
acknowledged to me that hie/she/tWW executed the
same in »s/her=& authorized capacity(M), and
that by h�[ss/her/tom&signature(&) on the instrument cam,«
the person(s), or the entity upon behalf of which61MV
Notary PdAc—California
FREMCOUNN
the persons) acted, executed the instrument. Comm.Expires APR 13.1999
WITNESS my hand and official seal.
SIO URE OF NOTARY
: : i:::25
The data below is not required by law, though 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 Subordination of Subdivision Agreement
TITLE OF DOCUMENT for TR 4830
TITLEISI
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
® OTHER VP for USB
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
NAME OF PERSONISI OR ENTITYQESI
SIGNER(S) OTHER THAN NAMED ABOVE
1994 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR SAFETY
ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY
SECTION 901-GENERAL
901.1 Scope. Fire department access and water supply shall be in accordance with Article 9.
For firesafety during construction, alteration or demolition of a building, see Article 87.
901.2 Permits and Plans.
901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public highways, alleys
or private ways open to or generally used by the public. See Section 105, Permit f.1.
EXCEPTION: A permit is not required for persons employed and authorized by the
water company which supplies the system to use or operate fire hydrants or valves.
901.2.2 Plans.
901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to
the fire department for review and approval prior to construction.
901.3 Timing of Installation. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief, are
provided, the requirements of Section 901.3 may be modified or waived.
901.4 Required Marking of Fire Apparatus Access Roads, Addresses and Fire Protection Equipment.
901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall
be in accordance with Section 901.4.
901.4.2 Fire apparatus access roads. When required by the chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
901.4.3 Fire protection equipment and fire hydrants. Fire-protection equipment and fire
hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking
and other obstructions.
PAGE 1 EXHIBIT "A"
1994 UNIFORM FIRE CODE
When required by the chief, hydrant locations shall be identified by the installation of reflective
markers.
See also Section 1001.7.
901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the street or road fronting the
property. Numbers shall contrast with their background.
901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with
approved signs.
901.5 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipment. See
Sections 902.2.4 and 1001.7.
901.6 Fire Protection in Recreational Vehicle, Mobile Home and Manufactured Housing Parks,
Sales Lots and Storage Lots. Recreational vehicle, mobile home and manufactured housing parks, sales
lots and storage lots shall provide and maintain fire hydrants and access roads in
accordance with Sections 902 and 903.
EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with
protection and access roadways as required by the chief.
SECTION 902-FIRE DEPARTMENT ACCESS
902.1 General. Fire department access roads shall be provided and maintained in accordance with
Sections 901 and 902.
902.2 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 into or
within the,jurisdiction when any portion of the facility or any portion of an exterior wall of the first story
of the building is located more than 150 feet(45 720 mm) from fire apparatus access as measured by an
approved route around the exterior of the building or facility. See also Section 902.3 for personnel access
to buildings.
EXCEPTIONS: 1. When buildings are completely protected with an approved automatic
fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the
chief.
2. When access roads cannot be installed due to location on property, topography,
waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require
additional fire protection as specified in Section 1001.9.
PAGE 2 EXHIBIT "A"
1994 UNIFORM FIRE CODE
3. When there are not more than two Group R. Division 3, or Group U Occupancies, the
requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it is determined by the chief that access
by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions
or other factors that could limit access.
For high-piled combustible storage, see Section 8102.5.1.
For required access during construction, alteration or demolition of a building, see Section
8704.2.
902.2.2 Specifications.
902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches
(4115 mm)
EXCEPTION: Vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved by the chief.
Vertical clearances or widths shall be increased when, in the opinion of the chief vertical
clearances or widths are not adequate to provide fire apparatus access.
902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the unposed
loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved
by the chief.
902.2.2.4 Dead ends.Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length
shall be provided with approved provisions for the turning around of fire apparatus.
902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall
be constructed and maintained in accordance with nationally recognized standards. See Article 90,
Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire
apparatus.
Vehicle load limits shall be posted at both entrances to bridges when required by the chief.
902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief.
902.2.3 Marking. See Section 901.4.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
902.2.4 Obstruction and control of fire apparatus access.
902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any
manner, including parking of vehicles. Minimum required widths and clearances established under Section
902.2.2.1 shall be maintained at all times.
Entrances to roads, trails or other accessways which have been closed with gates and barriers in
accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles.
902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of
gates or other approved barricades across roads, trails or other accessways, not including public streets,
alleys or highways.
When required, gates and barricades shall be secured in an approved manner. Roads, trails and
other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2
shall not be trespassed upon or used unless authorized by the owner and the chief.
EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors,
barricades, chains, enclosures, signs, tags or seals which have been installed by the fire
department or by its order or under its control shall not be removed, unlocked, destroyed,
tampered with or otherwise molested in any manner.
EXCEPTION: When authorized by the chief or performed by public officers acting
within their scope of duty.
902.3 Access to Building Openings.
902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall
be maintained readily accessible for emergency access by the fire department.
An approved access walkway leading from fire apparatus access roads to exterior openings
required by this code or the Building Code shall be provided when required by the chief.
902.3.2 Maintenance of exterior doors and openings. Exterior doors or their function shall not be
eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional
and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of
such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of
not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting
background. Required fire department access doors shall not be obstructed or eliminated. See Section
1207 for exit doors.
For access doors for high-piled combustible storage, see Section 8102.5.2.
902.3.3 Shaftway marking. Exterior windows in buildings used for manufacturing or for storage
purposes which open directly on shaftways or other vertical means of communication between two or
more floors shall be plainly marked with the word SHAFIVAY in red letters at least 6 inches
PAGE 4 EXHIBIT "A"
1994 UNIFORM FIRE CODE
(152.4 mm) high on a white background. Warning signs shall be easily discernible from the outside of
the building. Door and window openings on such shaftways from the interior of the building shall be
similarly marked with the word 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.
902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of secured
openings or where immediate access is necessary for life-saving or fire fighting purposes, the chief is
authorized to require a key box to be installed in an accessible location. The key box shall be of a type
approved by the chief and shall contain keys to gain necessary access as required by the chief.
SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS
903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and 903.
903.2 Required Water Supply for Fire Protection. An approved water supply capable of supplying the
required fire flow for fire protection shall be provided to all premises upon which facilities,buildings or
portions of buildings are hereafter constructed or moved into or within the jurisdiction.When any portion
of the facility or building protected is in excess of 150 feet (45 720 mm) from a water supply on a public
street, as measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains capable of supplying the required fire flow shall be provided when required by the
chief. See Section 903.4.
903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs,pressure tanks, elevated
tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by Appendix III-A.
903.4 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. Additions,repairs, alterations and servicing shall be in accordance with
approved standards.
903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7.
903.4.2 Required installations. The location, number and type of fire hydrants connected to a water
supply capable of delivering the required fire flow shall be provided on the public street or on the site
of the premises or both to be protected as required and approved by the chief. See Appendix III-B.
PAGE 5 EXHIBIT "A"
1994 UNIFORM FIRE CODE
Fire hydrants shall be accessible to the fire department apparatus by roads meeting the
requirements of Section 902.2.
903.4.3 Protection, marking and obstruction of hydrants. When exposed to vehicular damage, fire
hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see Section
1001.7.
903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2.
PAGE 6 EXHIBIT "A"
Tod No. 48301UGM551 30-Oct-97
SUBDIVISION AGREEMENT CALCULATIONS
-Ew�- J
DEVELOPMENT DEPARTMENT (209)498-4451
WELDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SEMON
2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. 4830
PREPARED BY: Bill Walls UGM No. 551
CHECKED BY: Alan Kawakami P.W. FILE No. 9954
TRACT NAME: GROSS ACREAGE 7.6144
ZONING: R-IIUGM NET ACREAGE 7.6144
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 40
LAND DEVELOPMENT, INC., a California Corporation
ADDRESS: 7545 North Del Mar Avenue, Suite 206
Fresno, CA 91711
SUBDIVISION CALCULATION SHEET
(Includes Early Construction Agreement Calculations)
la. Water Construction
Engineer's Estimate $37,520.00
Adjustments $5,605.00
Adjusted Cost Estimate $31,915.00 $31,915.00
lb. Water Well Construction
Engineer's Estimate
Water Well Head Treatment
Adjusted Cost Estimate $0.00 $0.00
lc.Water Construction (Part of Early Agreement)
Engineer's Estimate $37,520.00
Adjustments ($5,605.00
Adjusted Cost Estimate $31,915.00 1 $31,915.00
Updated to include Early Construction page 1 I EXHIBIT "B"
Tact No. 4830/UGM551 30-Oct-97
2a. Sewer Construction
Engineer's Estimate $31,680.00
Adjustments $5,244.00
Adjusted Cost Estimate $36,924.00 $36,924.00
2b. Sewer Construction (Part of Early Agreement)
Engineer's Estimate $31,680.00
Adjustments $5,244.00
Adjusted Cost Estimate $36,924.00 $36,924.00
3. Storm Sewer Construction (Part of Early Agreement)
Engineer's Estimate $0.00
Adjustments $0.00
Adjusted Cost Estimate $0.001 $0.00
4. Street Construction (Part of Early Agreement)
Engineer's Estimate $0.00
Adjustments $0.00
Adjusted Cost Estimate $0.00 $0.00
4a. Street Construction
Engineer's Estimate $122,394.00
Adjustments $4,512.
Engineer's Estimate(UGM) $0.00
Adjustments(UGM) $0.00
Storm Drain Construction $0.00
Adjustments $0.00
Updated to include Early Construction page 2 EXHIBIT 'B'
Tract No. 4830/UGM551 30-Oct-97
Street Construction Continued
Landscape, Fence and Irrigation Construction
Perimeter Masonry Wall or Solid Fence Construction
LF $0.00 1/LF $0.00
Landsca m ation Construction
SF 1 $0.00 1/SF
Median Island Landsca in
1 01 ® $0,001 Ea $0.00
Adjusted Cost Estimate $126,956.00
E-1 T Electroliers
10 ® $3,000.00 Ea $0.00
E-2 Type Electroliers
6 ® $2,500.00 1 Ea $15,000.00
Saf Li htin
0 ® 1 $-0-0-0-1 Ea $000
Total Adjusted Street Estimate $141,906.00 1 L $141,906.00
Total Construction Cost for Inspection Fee Calculations $210,745.00
SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) $210,745.00
ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) $68,839.00
ECA Total for Streets(For Inspection Fee Calculations) $0.00
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations $210,745.00
7% of First$10,000.00($300.00 min) $700.00
4% of next$490,000.00 $8,029.80
2.5% of cost over$500,000.00 $0.00
Total Inspection Fees $8,729.80
Inspection Fees paid with the E. C. A. $3,054.00
Total Inspection Fees Due with this Agreement $5,675.80
Updated to include Early Construction page 3 ( EXHIBIT -B-
Tract No. 4830/UGM551 30-Oct-97
Sub-Total For Construction Cost Bonding 1 $210,745.00
Lot and Block Corners, 72 ® 550.00 Ea $3,600.001
Sub-Total For Construction Cost Bonding $214 345.00
Construction Contingency $21,655.0-0-1
Total Estimated Construction Cost $236,000.00
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
Total Inspection Fees Due with this Agreement $5,675.80
Total Estimated Construction Cost $236,000.00
SECURITY CALCULATIONS
Performance Security
100% of the Total Estimated Construction Cost $236,000.00
5% Security Deposit(Cash or C.D.) $11,800.00
Performance-95% $224,200.00
Payment Security
Labor&Materials-50% $118,000.00
Warranty Security:
5% of First$50,000.00 $2,500.00
3% of Next$50,000.00 $1,500.00
I% of Next$400,000.00 $1,360.00
1/2% of Costs Over$500,000.00 $0.00
Total Amount to be Retained for Warranty $5,360.00
Updated to include Early Construction page 4 ( EXHIBIT -B-
Tr6ct No. 4830/UGM551 30-Oct-97
(A) SUBDIVISION FEES AND CHARGES
The Subdivider has deposited with the City the sum of
One Hundred Eight Thousand Five Hundred Seventeen and 12/100
($ 1 $100,563.12 ) for the following:
(1) INSPECTION FEES $5,675.80
(2) MONUMENT CHECK FEE
401 LOTS ® $30.00 /LOT(Min$200.00) $1,200.00
(3) INTERSECTION SIGNING
0 ® $173.00 ea $346.00
(4) TRAFFIC REGULATORYIWARNING SIGNING
= a $77.00 ea $231.00
(5) NO PARKING AND BUM LANE SIGNING
® $77.00 ea $0.00
(6) ,STREET TREES
City planted lot trees to be maintained by the lot owners.
r-451 Trees® $102.00 /Tree $4,590.00
Street Tree Inspection Fee(privately planted buffer trees to be maintained by the
lot owners/City's Maintenance District
Trees®$ $27.33 /Tree $0.00
Street Tree Inspection Fee Required 0 (0=no 1=yes) $0.00
(7) FMFCD DRAINAGE FEE Zone District R-1/UGM
7.6144 Ac ® $6,230.00 /Ac $47,440.00
(8) POND MAINTENANCE FEE
SF ® /SF —$0.00
(9) FRONTAGE ROAD ISLAND LANDSCAPING FEE
I :)LF ® I I/LF $0.00
(10) SEWER TRENCH WATER COMPACTION CHARGE
1138 CY ® $0.12 /CY Paid CM//91114
(11)UGM FIRE STATION FEE $0.00
(Service Area No. 17 )
(Zone District No. R-1/UGM )
Deferred by Covenant 1 1(0—no 1=yes
7.6144 Acres ® r $807.00 /Ac 1 $6,144.82
Total UGM Fire Station Fee Due with Agreement I 50.00
Updated to include Early Construction page 5 EXHIBIT -13-
T=A No. 4830/UGM551 30-Oct-97
(12) UGM NEIGHBORHOOD PARK FEE $0.00
(Service Area No. 4 )
(Zone District No. R-l/UGM )
Deferred by Covenant 1 (0=no 1=yes
7.6144 Acres ® $1230.00 /Ac $9,365.71
Total UGM Neighborhood Park Fee Due with Agreement $0.00
(13) SANITARY SEWER FEES $22,800.00
(a) Lateral Charge(Polk-Installed by A.D. #166)
Deferred by Covenant 0 (0=no 1=yes
BLF ® /LF $0.00
LF ® /LF $0.00
Total Lateral Charge Due with Agreement $0.00
(b) Oversize Charge
(UGM Reimbursement Area No. 19 1)
Deferred by Covenant 1
7.6 1441 Ac ® $240.00 /Ac $1,827.46
Less Oversize Credits ( $0.00 ]
Less Overdepth Credits ( $0.00 ]
Net Oversize Charge $1,827.46
Total Oversize Charge Due with Agreement $0.00
(c)Trunk Sewer Charge
Trunk Sewer Service Area Cornelia
®UNITS ® $570.00 /UNIT 1 $22,800.001
(Note: Major Facilities Sewer Service Charge and Wastewater Facilities Charge
are to be paid as each lot is developed at the current rate.)
Total Sewer Charges $22,800.00
(14)WATER CHARGES $17,603.92
(a)Time& Material Charges("Wet-Tie") Paid W/ECA
(Estimate No. J 14331 )
(Water Job No. 4274 )
(bl) Service Connection Charges
Deferred by Covenant 1 (0=no 1=yes
40 1" METERS ® $320.00 Ea. $12,800.00
1-1/2" METERS® Ea. $0.00
2" METERS ® Ea. $0.00
1" SERVICES ® Ea. $0.00
1-1/2" SERVICES01 Ea. 1 $0.00
Total Service Connection Charges Due with Agreement 50.00
Updated to include Early Construction page 6 EXHIBIT"B"
Tesla No. 4830/UGM551 30-Oct-97
(b2)Service Connection Charges Continued
Service Corrections(Not Deferrable by Covenant)
1' SERVICES ® $735.00 Ea. $1,470.00
0 1' METERS ® $320.00 Ea. $0.00
(c)Frontage Charge
Deferred by Covenant 0 (O=no 1=yes
0.00 ILF ® $3.25 /LF $0.00
LF ® /LF $0.00
Total Service Correction Charges Due with Agreement $0.00
(d)Fire Hydrant Charge
(Zone District R-1/UGM
256522.0 1 SF r $0.75 /100 SF $1,923.97271
(e)Transmission Grid Main Charge
(UGM Reimbursement Area No. B )
Deferred by Covenant 1 (0=no 1=yes)
7.6144 JAC ® $560.00 /AC $4,264.06
AC ® /AC $0.00
Less TGM Credits [ $0.00 J
Net TGM Charge $4,264.06
Total TGM Charge Due with Agreement $0.00
(f)Water Construction Charge
®LOTS ® $1.25 /LOT $50.00
UNIT DEFINITION for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply
Units by: Livin Units
(g)UGM Water Supply Charge
(Supply Well No. 1201s )
®UNITS/LOTS® $354.00 /UNIT $14,160.00
Less Well Credits [ $0.00 J
Net Well Charge $14,160.00
(h)Well Head Treatment Fee
Well Head Treatment Service Area 201
®UNrrs/LOTS® $0.00 UNTr/LOT $0.00
(i)Recharge Fee
Rechan4UNITS/LOTS
Service Area
® $0.00 UNIT/LOT $0.00
0) 1994 Bond Debt Service Fee _
1994 Bond Debt Service Area: 201
®UNITS ® $0.00 UNIT $0.00
Total Water Charges $17,603.92
Updated to include Early Construction page 7 EXHIBIT 'B'
T=dt No. 48301UGM551 30-Oct-97
(15)UGM MAJOR STREET CHARGE 50.00
(Zone E-4 )
Deferred by Covenant 1 (O=no 1=yes
7.6144 AC ® $2,435.00 /AC $18,541.06
Less Major Street Credit [ $0.00 ]
Net Major Street Charge This Zone $18,541.06
Total TGM Major Street Bridge Charge Due with Agreement $0.00
(16)UGM MAJOR STREET BRIDGE CHARGE $0.00
(Zone E-4 )
Deferred by Covenant 1 (0=no 1=yes)
7.61441 AC ® F $135.00 /AC $1,027.94
Less Major Street Bridge Credit [ $0.00 ]
Net Major Street Bridge Charge $1,027.94
Total TGM Major Street Bridge Charge Due with Agreement $0.00
(17)UGM TRAFFIC SIGNAL CHARGE $0.00
Deferred by Covenant ET](O=no 1=yes
7.6144 AC ® 5860.00 /AC $6,548.38
Less Signal Credit [ $0.00 ]
Net Traffic Signal Charge $6,548.38
Total TGM Major Street Bridge Charge Due with Agreement $0.00
(18)UGM GRADE SEPARATION CHARGE
Deferred by Covenant 0 O=no 1=y-
(Service
=Service Area, Zone: )
7.6144 AC ® F /AC $0.00
Total UGM Major Street Bridge Charge Due with Agreement $0.00
(19)UGM AT-GRADE RAILROAD CROSSING FEE $0.00
Deferred by Covenant 0 (0=no 1=yes)
Service Area:
7.6144 AC 0 /AC $0.00
Service Area:
- J AC ® /AC $0.00
Less At-Grade Railroad Crossing Credit [ ]
Total UGM At-Grade RR-Xing Fee $0.00
Total UGM At-Grade RR-Xing Fee Due with Agreement $0.00
(20)UGM TRUNK SEWER FEE $0.00
(Service Area )
(Zone District )
Deferred by Covenant 1 (0=no 1=yes)
7.6144 AC ® /AC $0.00
AC ® /AC $0.00
LOTS ® /LOT $0.00
Total UGM Trunk Sewer Fee Due with Agreement $0.00
Updated to include Early Construction page 8 EXHIBIT 'B'
Tra6t No. 4830/UGM551 30-Oct-97
(21) OVERLAY SEWER SERVICE AREA 50.00
Deferred by Covenant (0=no 1=yes
7.6144 AC ® /AC $0.00
Total Overlay Sewer Fee Due with Agreement $0.00
(22)UGM MAJOR STREET RIGHT-OF-WAY ACQUISITION CHARGE
(23)UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE
(24)UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE 71
(25)UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE
(26)LANDSCAPE MAINTENANCE DISTRICT FEE $676.40
A. Antici ted Maintenance Cos lanter Areas)
40 1 Lots $8.16 1/EA. $326.40
B. Incidental Expenses(Legal fees, Publications, Mail n$35O.00
ering)
®Lots ® $18.00 /Lot (Minimum$350.00)
(27)PRIVATE IRRIGATION LINE MAINTENANCE FEE
LF ® /LF $0.00
TOTAL FEES AND CHARGES DUE WITH AGREEMENT $100,563.12
Updated to include Early Construction page 9 EXHIBIT-B-
Tract No. 4830/UGM55I 30-Oct-97
(B) FEE DEFERRALS
(1) UGM FIRE STATION FEE $6,144.82
(Service Area No. 17 )
(Zone District No. R-1/UGM )
Deferred by Covenant
7.6144 Acres ® 5807.00 /Ac $6,144.82
Total UGM Neighborhood Park Fee Deferred by Covenant $6,144.82
(2)UGM NEIGHBORHOOD PARK FEE $9,365.71
(Service Area No. 4 )
(Zone District No. R-1/UGM )
Deferred by Covenant
7.6144 Acres ® $1,230.00 /Ac $9,365.71
Total UGM Neighborhood Park Fee Deferred by Covenant $9,365.71
(3)SANITARY SEWER FEES $0.00
(a)Lateral Charge
Deferred by Covenant
0.00 ILF ® 1 $0.00 1/LF $0.00
0.00 LF ® 1 $0.00 /LF $0.00
Total Lateral Charge Deferred by Covenant $0.00
(b) Oversize Charge
(UGM Reimbursement Area No. 1 19 1)
Deferred by Covenant
7.6144 Ac ® $0.00 /Ac $0.00
Less Oversize Credits [ $0.00 ]
Less Overdepth Credits [ $0.00 ]
Net Oversize Charge $0.00
Total Oversize Charge Deferred by Covenant $0.00
(4)WATER CHARGES $17,064.06
(a) Service Connection Charges
Deferred by Covenant
40 1- METERS ® $320.00 Ea. $12,800.00
0 1-1/2" METERS® $0.00 Ea. $0.00
0 2- METERS ® $0.00 Ea. $0.00
0 1" SERVICES ® $0.00 Ea. $0.00
0 1-1/2- SERVICES® $0.00 Ea. $0.00
Total Service Connection Charges Deferred by Covenant $12,800.00
Updated to include Early Construction page 10 EXHIBIT-B-
r' ^
Tract No. 4830/UGM551 30-Oct-97
(b) Frontage Charge
Deferred by Covenant
0.00 LF $3.25 /LF $0.00
0.00 LF ® $0.00 /LF $0.00
Total Service Connection Charges deferred by Covenant $0.00
(c)Transmission Grid Main Charge
(UGM Reimbursement Area No. B )
Deferred by Covenant
7.6144 JAC ® $560.00 /AC $4,264.06
0.0000 AC ® $0.00 /AC $0.00
Less TGM Credits [ $0.00 ]
Net TGM Charge $4,264.06
Total TGM Charge Deferred by Covenant $4,264.06
(5)UGM MAJOR STREET CHARGE $18,541.06
(Zone R-1/UGM )
Deferred by Covenant
7.6144 AC ® $2,435.00 /AC $18,541.06
Less Major Street Credit [ $0.00 ]
Net Major Street Charge This Zone $18,541.06
Total UGM Major Street Deferred by Covenant $18,541.06
(6)UGM MAJOR STREET BRIDGE CHARGE $1,027.94
(Zone ERR )
Deferred by Covenant
7.6144 AC ® F $135.00 /AC $1,027.94
Less Major Street Bridge Credit [ ]
Net Major Street Bridge Charge $1,027.94
Total UGM Major Street Bridge Charge Deferred by Covenant $1,027.94
(7)UGM TRAFFIC SIGNAL CHARGE 1 $6,548.38
Deferred by Covenant
7.6144 AC ® $860.00 /AC $6,548.38
Less Signal Credit [ $0.00 ]
Net Traffic Signal Charge $6,548.38
Total UGM Traffic Signal Charge Deferred by Covenant $6,548.38
(8)UGM GRADE SEPARATION CHARGE
Deferred by Covenant $0.00
Service Area, Zone: R-1/UGM
7.6144 AC ® $0.00 /AC $0.00
Total UGM Grade Separation Charge Deferred by Covenant $0.00
Updated to include Early Construction page 11 EXHIBIT -B-
Tsact No. 4830/UGM551 30-Oct-97
(9) UGM AT-GRADE RAILROAD CROSSING FEE $0.00
Deferred by Covenant
Service Area:
7.6144 AC ® $0.00 /AC $0.00
Service Area
0.0000 1 AC ® $0.00 /AC $0.00
Less At-Grade Railroad Crossing Credit [ $0.00 )
Total UGM At-Grade RR-Xing Fee $0.00
Total UGM At-Grade RR-Xing Fee Deferred by Covenant $0.00
(10) UGM TRUNK SEWER FEE $0.00�
(Service Area )
(Zone District R-1/UGM )
Deferred by Covenant
7.6144 AC ® $0.00 /AC $0.00
AC ® /AC $0.00
LOTS ® /LOT $0.00
Total UGM Trunk Sewer Fee Deferred by Covenant $0.00
(11) OVERLAY SEWER SERVICE AREA $0.00
Deferred by Covenant
7.6144 AC 0 $0.00 /AC 1 $0.00
Total Overlay Sewer Fee Deferred by Covenant $0.00
TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT 1 $58,691.97
QPRO.SUBDIVISION SPREADSHEEr
FDE:QPRO DISK NO. CAqpcoW W
FRE NAME: Fr4M.WQI
Updated to include Early Construction page 12 EXHIBIT "B'
ACKNOWLEDGEMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s)
of Tract No. 4830/UGM 551, is subject to an annual assessment currently estimated at $2j,15.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4830/UGM 551.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
FTM01UGM SSI.DOC (October 31 1997)
EXU Il "C"
'1!
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WA Y A CQ UISNYON)
TRACT NO. 4830
(PHASE II OF TENTATIVE TRACT NO. 4339)
WHEREAS Subdivider is unable to acquire and dedicate to the City all easements and
rights-of-way required for street purposes related to this agreement prior to final map approval; and
WHEREAS Subdivider desires that acquisition of the required right-of-ways be diligently
pursued; and
WHEREAS Subdivider has notified the City (i.e., the Public Works and/or Development
Department Director) of his inability to acquire the necessary easements and rights-of-way, and has
requested that City commence such proceedings as are necessary and proper to acquire said easements
and rights-of-way through negotiation and/or the lawful exercise of its power of eminent domain; and
WHEREAS the City hereby agrees to use said power of eminent domain at the specific request
and instance of the Subdivider;
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall initially deposit, upon execution of this agreement, the sums set out in
paragraphs 2 and 15, below. Such sums shall be utilized by the City to acquire the necessary easement
and rights-of-way, including but not limited to: just compensation and damages for the interests
acquired, City legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal fees,
court costs and the related expenditures necessary to acquire the easement right-of-way through the
lawful exercise of the City's power of Eminent Domain. If initially deposited funds are less than the
actual full cost to acquire all necessary rights-of-way, the Subdivider shall remit to the City such
additional sums as may be required from time to time to prosecute the matter to conclusion, such further
payments to be made within ten (10) days of the mailing to the Subdivider of a notice requesting such
additional costs. If deposited sums exceed the actual full cost to acquire the subject rights-of-way, then
at the conclusion of acquisition proceedings City shall refund the difference as soon as the City
determines the amount of such excess.
2. Said initial deposit shall include funds necessary for the items specified in Paragraph 15,
captioned "Summary of Initial Deposit."
3. Subdivider shall have the option of providing appraisal and title reports from qualified and
reputable appraisers and title companies, subject to approval of the City Attorney, in lieu of deposit of
appraisal and title report fees, providing said reports are issued within 120 days preceding the adoption
of the Resolution of Necessity authorizing the condemnation proceedings.
ADDENDUM TO SUBDIVISION AGREEMENT PAGE 1
TRACT NO.48301UGM 551
4. Subdivider shall have the further option of engaging his own attorney to negotiate and/or
prosecute a condemnation action for the required easement acquisition. Upon Subdivider's election, no
later than twenty (20) days after the Council of the City of Fresno approves this agreement, of a
reputable and qualified attorney of his choice, subject to approval of the City Attorney, City shall
appoint said attorney as a special deputy city attorney, provided said attorney executes an agreement
with City for that purpose. Said special attorney must, within thirty (30) days of his appointment, file
an action in eminent domain, and shall apply for an order for immediate possession of the subject
property. As soon as is legally possible after commencing said proceedings in eminent domain and
applying for said order, said special attorney shall obtain an order for immediate possession pursuant
to Section 1255.410 et seq. of the Code of Civil Procedure. Said special attorney may draw upon the
funds deposited hereunder for attorney's fees and costs by submitting to the City Attorney for his review
and approval an itemized written request therefore endorsed by Subdivider.
5. Subdivider acknowledges that the initial cash deposits are estimates only and will increase
as the litigation proceeds. Subdivider agrees to pay all proper and necessary charges incurred or paid
by City in pursuing the condemnation proceedings to a settlement or final judgment. City incurs no
liability for its failure to accurately or properly estimate the actual costs incurred in the condemnation
action.
6. Following Subdivider's initial deposit, City may give notice to Subdivider that said
Subdivider shall deposit such additional sums as City deems necessary to continue or cause the
continuation of prosecution of the proceedings. Subdivider shall pay all such sums within ten (10) days
of the mailing of said notice. The notice shall state what costs have been incurred to date, what
additional costs are anticipated; and how City intends to apply these additional deposits to, for example,
such items as additional compensation, damages, court costs, expert witness fees, City Attorney staff
time, City Attorney support staff time, deposition costs, right-of-way staff time, copying costs, mailing
costs, process server fees, right-of-way staff fees and costs, property owners' litigation expenses, costs
and attorney's fees (when required by law) and such other and further litigation and administrative costs
as City shall deem necessary to pursue the condemnation action to final judgment. Subdivider's
dissatisfaction with the adequacy or sufficiency of said notice for any reason shall not excuse Subdivider
from any duty or obligation, including the obligation to deposit additional sums. Prior to the date of
any settlement conference set by the superior court in the eminent domain proceedings, Subdivider shall
be given notice and an opportunity to participate in any decision to settle the acquisition proceedings
if the proposed compensation exceeds the opinion of value established by the City's appraisal or the
property owner's appraisal. However, such participation shall be limited to advising City staff where
the giving of such advice does not interfere with, restrict, delay or impede the City Attorney in the
prosecution or compromise of the condemnation proceedings, as he deems necessary and appropriate
in the exercise of his sole professional judgment and discretion.
7. If Subdivider fails to pay the sums stated in the notice to deposit by the date prescribed, the
City shall have the following remedies in addition to any other remedies available to it under law or in
equity:
ADDENDUM TO SUBDIVISION AGREEMENT PAGE 2
TRACT NO.48301UGM 551
f
a. Subdivider shall have waived and in such event does hereby waive all his development
entitlements to build the subject project, and City may summarily revoke any and all permits
issued to build such project.
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall indemnify and hold
City harmless from any and all costs, fees, damages and expenses incurred as a result of said
proceedings and the termination and abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed and treat
all costs incurred pursuant to this agreement as a debt due and owing to the City. In this event,
the sums so demanded in the notice to deposit shall be presumed to be proper, necessary and
correct for continued proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect interest on the amount
demanded, to the extent said amounts reflect costs actually incurred, and upon any amounts
thereafter incurred, at the rate of ten (10) percent per annum until paid. In any action brought
by the City as the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation costs.
8. Compliance with the terms and conditions of this agreement is a condition of approval
of any and all UGM, tract map and subdivision map projects which are the subject of the principal
agreement to which this ancillary agreement is a part.
9. City shall have a lien upon any and all performance, payment and other bonds or deposits
posted by or for Subdivider in conjunction with said development as security for the payment of any
costs, charges or fees called for by this agreement.
10. Upon recordation of the Subdivision Agreement to which this Addendum is incorporated
by reference, City shall have a lien upon the lands described in paragraph 1 of said Subdivision
Agreement as security for the payment of any costs, charges or fees called for by this agreement.
11. At the conclusion of any condemnation proceedings, City shall provide to Subdivider a
final statement of the expenditures of the City relating to the subject acquisition. Failure of the City to
provide any accounting required by this agreement, however, shall not excuse Subdivider's duty to
perform any act, particularly the duty to make full and timely deposits in accordance with any demands
and notices by the City. Upon rendering of the final accounting referenced herein, Subdivider may
question or challenge any use of funds set forth in such accounting and may appeal same to the City
Council.
12. Any amounts deposited by Subdivider shall be maintained by City in an interest-bearing
account of the City's choice, and may be co-mingled with other City funds in such account. Interest
accruing upon any such deposit shall inure to and be credited for the benefit of Subdivider, less the
ADDENDUM TO SUBDIVISION AGREEMENT PAGE 3
TRACT NO. 4830/UGM 561
City's reasonable or actual costs of administering said account and less any other charges which may
be required or authorized by law. The parties agree that five (5) per cent of the amount(s) deposited
is the reasonable cost of administering said account.
13. Time is of the essence to this agreement since the City may suffer certain consequences
in the event of Subdivider's breach, such as inverse condemnation liability, Abandonment(by operation
of law) of the condemnation action, an award to the property owner of his litigation expenses and
reasonable attorney's fees and those sanctions imposed by the Permit Streamlining Act (Government
Code sections 65920,
14. No partial invalidity of this agreement shall invalidate the remainder.
15. Summary of Initial Deposit.
Item: Amount Deposited:
Original valuation or property acquisition cost . . . . . . . . . . . . . . . . . . . . . $16,850.00
Initial Appraisal fees * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E
Right-of-way staff time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000.00
Costs of acquiring title report(s) * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E
Attorney's fees and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000.00
(assuming a negotiated settlement afterfiling of complaint in eminent domain)
Other: Engineering ** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00
Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24,350.00
Contingency (ten percent of subtotal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,435.00
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26.785.00
NOTES.
* An "E" in the "Amount Deposited" column indicates that the subdivider has elected the
option(s) available in paragraph 3 of this addendum.
** Enter "0" in the "Amount Deposited" column if there are no other costs.
ADDENDUM TO SUBDIVISION AGREEMENT PAGE 4
TRACT NO. 4830NGM 551