HomeMy WebLinkAboutT-3638 - Agreement/Covenant - 6/22/2006 Y •
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P. W. File No. 8075 Public Works Department
UGM Agreement No. 188 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3638
THIS AGREEMENT is made this 2Z day ofm/'jl 1986 , by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and WESTCAL, INC. , A California
Corporation, P.O. Box 5178 , Fresno, CA 93755, hereinafter designated and
called the "Subdivider. "
RECITALS
1. 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, and known' and described as Tract No . 3638, Trend Homes No. 13 , a
copy of which map is attached to and made a part of this Agreement, and
said Subdivider has requested the City to accept the dedications
delineated and shown on said map for the use and purposes specified
thereon, and to otherwise approve said map in-order that the same may be :-
recorded, as required by law.
2 . 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 .
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3 . 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.
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 :
4 . The Subdivider shall perform the work and improvements
hereinafter specified on or before October 1 , 1987 , except the sidewalk
and driveway approach construction and lot corner monumentation which
shall be completed upon construction of the residential dwellings in
Tract No. 3638 but no later than October 1, 1988 , to the satisfaction of
the Director of Public Works of the City. Issuance of building permits
for any structure within the subdivision shall conform to the
requirements of the Uniform Fire Code . The subdivider ' s attention is
particularly called to Sections 10 . 207 (a) , 10. 301 (c) and 10. 301(d) 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 . 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
o,f any or all of the streets and improvements in said subdivision. When
a delay occurs due to unforeseen causes beyond the control and without
the fault or negligence of the Developer, the time of completion may be
extended for a period justified by the effect of such delay on the
completion of the work. The Developer 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. The Director of Public Works shall give the
Developer written notice of his determination in writing, which shall be
final and conclusive .
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5 . The work and improvements , more specifically shown on the
attached plans and made a part hereof , shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications adopted March 5 , 1970. by Resolution No . 70-36 , and as
amended at the sole cost and expense of the Subdivider including all
costs of engineering, inspection and testing as specified in Item 12 .
6 . 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 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 undergound 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 No. 78-522 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 .
C. Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d . Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9 , Article 5 of the
Fresno Municipal Code and all applicable charges shall apply.
e . Lot drainage shall be in accordance with Section 13-120. 7012
of the Fresno Municipal Code .
f . All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with City Standards within seven (7) days
from the time said streets are surfaced, or as directed by the
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 Engineer .
h. 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 12-1011 (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 the
sums required by the Development Department 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
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mentioned in the Addendum to acquire the easement through the 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
conclusion, such further payment 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 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 .
i . As a condition of final map approval the developer is required
to install landscaping and an irrigation system in a 10-foot
landscape easement along Blythe Avenue adjacent to the subdivision.
The developer 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 developer also
agrees to sign a petition asking the Council to include this Tract in
the existing District .
Pursuant to Section 12-1013 ( Improvement Plans and Profiles ) of the
Fresno Municipal Code, the developer has posted $1, 500.00 with the
City guaranteeing the preparation of the detailed landscaping and
irrigation plans for the required landscaping to be approved by the
City.
The developer agrees that , in the event the required plans have not
been submitted by the developer to the City for approval within 90
days of the execution of this agreement by the City, the City shall
use the security posted to cause the preparation of the required
landscaping and irrigation plans .
j . Perform and construct all work shown on the attached plans
(Water Job 3529 10-C-4767 through 10-C-4779 ; 15-C-5856 through
15-C-5872 ; FMFCD Sheets AN-1-1 through AN-1-4 ) , unless specifically
omitted herein.
k. The Subdivider has deposited with the City the sum of One
Hundred Sixty-One Thousand Nine Hundred Thirty-Nine and 11/100
Dollars ($161, 939 . 11) for the following:
(1) Inspection Fees $29 , 494 . 34
(2) Intersection Signing, 21 @ $90 . 00 $ 1, 890. 00
(3 ) Traffic Regulatory Signing, 16 @ $35 . 00 $ 560.00
(4 ) Street Trees , 336 @ $60. 00 $20, 160. 00
(5) Sewer Trench Water Compaction Charge,
8 , 900 CY @ $0. 04/CY $ 356 . 00
(6) UGM Traffic Signal Charge,
38 . 98 Ac @ $370. 00/Ac Less $7 , 300 . 00 (Credit ) $7 . 122 . 60
(7) UGM Major Street Bridge Charge; (Zone E-4 )
38 . 98 Ac . @ $30. 00/Ac $ 1, 169 . 40
(8 ) UGM Right-of-Way Acquisition Charge $62 , 213 . 00
(9) Landscape Maintenance District Formation
$ 6 , 727 . 46
(10) Sanitary Sewer Fees $ 5 , 210. 40
(a) Oversize Charge (Reimbursement Area 23 )
21 . 71 Ac @ $240.00/Ac $5 , 210. 40
(Note : Major Facilities
Fee is to be paid at time
of development . )
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Total Sewer Charges $5 , 210 . 40
(11) Water Charges $27 , 035 . 91
(a ) Fire Hydrant Charge
1 , 297 , 915 SF @ $0 . 75/100 SF $9 , 734 . 36
(b) UGM Well Development (Service Area 301-S)
Charge
40 . 58 Ac @ $410 . 00/Ac $16 , 637 . 80
( c) Tap Charge
4-lu Meters @ $85 . 00/Meter $ 340 . 00
(d ) Water Construction Charge
259 Lots @ $1 . 25/Lot $ 323 . 75
Total Water Charges $27 , 035 . 91
TOTAL FEES AND CHARGES $161 , 939 . 11
(12) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee -
Credit in Conformance with
Agreement for Temporary
Fire Station No . 16
Service Area No . 16
Zone District R-1-C/UGM
40 . 58 Ac @ $60 . 00/Ac $ 2 , 434 . 80
(b) UGM Trunk Sewer Fee
Deferred by Covenant
Service Area - Cornelia
259 Lots @ $70 . 00/Lot $18 , 130 . 00
(c) UGM Neighborhood Park Fee -
Deferred by Covenant
Service Area No . 4
Zone District R-1-C/UGM
40 . 58 Ac @ $720 . 00/Ac $29 , 217 . 60
(d ) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
40 . 58 Ac @ $375 .00/Ac $15 , 217 . 50
Less TGM Credits [$30, 106 . 00]
Net Charge $ -0-
Future Reimbursements shall be made in accordance
with Section 14-107 . 1 (d ) of the Fresno Municipal Code
(UGM Reimbursemnt Area B)
(e) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone E-4
38 . 98 Ac @ $1 , 565 . 00/Ac $ 61 , 003 . 70
Less Major Street Credit [$143 , 926 . 00]
Net Charge $ -0-
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(f ) Oversize Charge (UGM Reimbursement Area 23 )
18 . 87 Ac @ $240/Ac $ 4 , 528 . 80
Less Fee Credit Tract 3150 ($ 4 , 528 . 80]
Net Charge $ -0-
Future Reimbursements shall be made in accordance
with Section 11-226 (f) of the Fresno Municipal Code
(9) Fire Hydrant Reimbursement
15 F .H. @ $300 .00/F .H. $ 4 , 500. 00
Reimbursement shall be made in accordance with
Section 14-107 . 1 of the Fresno Municipal Code
7 . 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.
8 . 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.
9 . 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 One Million One Hundred
Ninety-Six Thousand and 00/100 Dollars ($1 , 196 , 000 .00) , which is
equal to 100% of the total estimated cost of the work required . Five
percent (5%) of said amount ($59 , 800. 00) shall be cash or a
Certificate of Deposit, all to be conditioned upon the faithful
performance of this Agreement ; and
b. Payment security in the sum of Five Hundred Ninety-Eight
Thousand and 00/100 Dollars ($598 ,000 .00) , which is equal to 50% of
the total estimated cost of the work required to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them for said improvements . Bonds shall be by one or more duly
authorized corporate sureties subject to the approval of the City and
on forms furnished by the City.
C . Performance security in the sum of One Thousand Five Hundred
and 00/100 Dollars ($1 , 500 .00) which is equal to 100% of the
estimated cost to prepare landscaping and irrigation plans .
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d . Any and all other improvement security as required by Fresno
Municipal Code , Section 12-1016 .
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City , in the amount of Eleven Thousand
Four Hundred Eighty and 00/100 Dollars ($11 , 480 . 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 .
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 and
save the City harmless from and against any and all injuries to and
deaths of persons , and all claims , demands , costs , loss , damage and
liability, howsoever same may be caused , resulting directly or indirectly
from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement , and also from all injuries to and deaths of
persons , and all claims , demands, costs , loss , damage and liability,
howsoever same may be caused , either directly or indirectly made or
suffered by the Subdivider , the Subdivider ' s -agents , employees and
subcontractors , while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified ,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one ( 1 ) year from the date
of acceptance of the work.
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materials may be rejected , notwithstanding the fact that such defective
work and unsuitable materials have been previously overlooked by the
Engineer or Inspector and accepted .
18 . Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
the City Engineer by the Subdivider before release of bond, or final
acceptance of completed work.
19 . Adequate dust control shall be maintained by the Subdivider on
all streets within and without the subdivision on which work is required
to be done under this Agreement from the time work is first commenced in
the subdivision until the paving of the streets is completed . "Adequate
dust control" as used herein shall mean the sprinkling of the streets
with water or the laying of a dust coat of oil thereon with sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto any street area or private property adjacent
to the subdivision. Whenever in the opinion of the City Engineer
adequate dust control is not being maintained on any street or streets as
required by this paragraph, the City Engineer shall give notice to the
Subdivider to comply with the provisions of this paragraph forthwith.
Such notice may be personally served upon the Subdivider or , if the
Subdivider is not an individual , upon any person who has signed this
Agreement on behalf of the Subdivider or, at the election of the City
Engineer, such notice may be mailed to the Subdivider at his address on
file with the City Engineer . If , within twenty-four (24 ) hours after
such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not
have commenced to maintain adequate dust control or shall at any time
thereafter fail to maintain adequate dust control , the City Engineer may,
without further notice of any kind , cause any such street or streets to
be sprinkled or oiled, as he may deem advisable to eliminate the
scattering of dust , by equipment and personnel of City or by contract as
the City Engineer shall determine, and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor , the entire cost to City
of such sprinkling or oiling. When the surfacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14 ) calendar days, and the roadway
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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. The Subdivider shall install all street improvements in
accordance with Section 12-1012 of the Municipal Code of the City of
Fresno, the City of Fresno Standard Specifications , and the construction
plans .
21 . 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.
22 . 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 .
23 . No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivider
without the written consent of City .
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
JAMES L. MARTIN WESTCAL, I C.
PUBLIC WORKS DIRE TOR A Calif r a Corporation
By t
Ti 1 211
ATTEST:
JACQUELINE L. RYLE By
City Clerk G /
o Title [�
By / - �,^z G`� .— a Lid:.%LL '7�e�
Deputy
APPROVED AS TO FORM:
JAMES A. McKELVEY
City Attorney
By - (Attach Notary Acknowledgment)
MIW:d
4626g/120
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CORPORATE ACKNOWLEDGMENT NO.202
•,,:�.''C"<?.2.�„�,cr.d�•.`'��;,�.cN`Y eca�c'e�,.✓`^i%.�` _ �e.+r.�'�•'._'i��c'.�t.__:'' '' ... .�r'._ir.%'.
State of California On this the 17thdayof April 1986,before me,
SS.
County of Fresno Vicki K . Washer
the undersigned Notary Public,personally appeared
John A. Bonadelle & J . DeYouna
S] personally known to me
❑ proved to me on the basis of satisfactory evidence
0 SP.r3L
�•, to be the person(s)who executed the within instrument as
VICKI K
WASH-,-Pres/Chief Exec Of f
NOTARY PUDL1C CALIFORNIA icr6n behalf of the corporation therein
I a<, •�^ - i'.
FRESNO COUP;Tj named,and acknowledged to me that the corporation executed it.
ray come. cra r, r ; ls, 1^^7 WITNESS my hand and official seal.
t` Notary's Signature
tit
7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364
DaiIBIT A
• 1982 EDITION 10.201-10.205
Division II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.No person shall molest,tamper with,damage or otherwise disturb
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire department without authority from the chief or his
authonzed representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec.10.202.No person shall remove,tamper with or otherwise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi-
sions of this code except for the purpose of extinguishing fire,training purposes,
recharging, or malting necessary repairs,or when permitted by the fire depart-
ment. Whenever a fire appliance is removed as herein permitted, it shall be
replaced or reinstalled as soon as the purpose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.203. No person shall use or operate any hydrant or other valves
installed on any water system intended for use by the chief for fire suppression
purposes and which is accessible to any public highway,alley or private way open
to or generally used by the public,unless such person first secures a permit for use
from the chief.This section does not apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other valves.
Tampering with Barricades,etc.
Sec. 10.204. No person, except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove,unlock,destroy.
tamper with or otherwise molest in any manner any lock, gate. door, barricade,
chain,enclosure, sign, tae or seal which has been lawfully installed by the fire
department or by its order or under its control.
Closure of Roads or Trails
Sec. 10.205.(a)General.The chief may install one or more gates, cables or
other barricades and securely lock the same to prevent the use by unauthorized
persons of any road that is not a public highway and over which the fire
department has the right to pass, whether by easement, license, municipal
ownership or otherwise, for purposes relating to fire prevention or control,
provided such action does not preclude the authorized users of such road or trail
from using the same.
(b)T-espassing. No person,except a public officer acting within the scope of
his public duties,shall trespass upon any road or trail which has been closed and
obstructed in the manner authorized by this section without the express permis-
sion of the chief, nor shall any person park any vehicle so as to obstruct the
entrance to such road or trail.
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10.206-10.208 UNIFORM FIRE CODE
Obstruction of Fire Protection Equipment
Sec. 10.206. No person shall place or keep any post, fence, vehicle, growth,
trash, storacc or other material or thing near any fire hydrant, fire department
connection or fire protection system control valve that would prevent such
equipment or hydrant from being immediately discernible or in any other manner
deter or hinder the fire department from gaining immediate access to said
equipment or hydrant. A minimum 3-foot clear space shall be maintained around
the circumference of the fire hydrants except as otherwise required or approved by
the chief.
Access Roadways for Fire Apparatus
Sec. 10.207. (a) Required Construction. Every building hereafter con-
structed shall be accessible to fire department apparatus by way of access road-
ways with all-weather driving surface of not less than 20 feet of unobstructed
width, with adequate roadway turning radius capable of supporting the imposed
loads of fire apparatus and having a minimum of 13 feet 6 inches of vertical
clearance. Dead-end firc department access roads in excess of 150 feet long shall
be provided with approved provisions for the turning around of fire department
apparatus.
EXCEPTION: When there are not more than two Group R. Division 3 or M
Occupancies as defined in the Building Code,the reautrtrnent of this section rruv be
modified when,in the opinion of the chief,fere-fighting or rescue operations would
not be impaired.
(b) Obstructing, The required width of access roadways shall not be
obstructed in anv manner,includinc pa.-lane of vehicles. NO PARKING signs or
other appropriate notice,or both prohibiting obstructions may be required and
shall be maintained.
(c) Extent. The access roadway shall be extended to within 150 feet of all
portions of the exterior walls of the first story of anv building. Where the access
roadway cannot be provided,approved fire protection system or systems shall be
provided as required and approved by the chief.
(d)Fire-protection Alternate.Where fire-protection systems approved by the
chief are provided,the above required clearance may be modified.
(e)Oversizing.The chief shall have the authority to require an increase in the
minimum access widths where such width is not adequate for fug or rescue
operations.
(f)Bridges.Where 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 using design live loading sufficient to carry the imposed
loads of the ftre apparatus.
Premises Identlflcatlon
Sec. 10.208. 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. Said numbers shall contrast with their
background.
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1982 EDITION 10.209-10.301
Key Box
Sec. 10.209.Nk'hcn access to or within a structure or an area is unduly difficult t
because of secured openings or inhere immediate access is necessary for life-
sayine or fire-fighting purposes.the chief may 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 gain necessary access as required by the chief. ;
Division III
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION, LIFE-SAFETY SYSTEMS AND
APPLIANCES
Installation
Sec 10.301.(a)TN pe Required.The chief shall designate the type and number
of fire appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than private dwellings. This shall be done
according to the relanye severity of probable fire. including the rapidity wish
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.
Portable fire extinguishers shall be in accordance with U.FC. Standard No.
10-I.
(b) Special Hazards. In occupancies of an especially hazardous nature or i
where special hazards exist in addition to the normal hazard of the occupancy.or i
where access for fire apparatus is unduly difficult. additional safeguaras may be
required consisting of additional Fire appliance units. more than one type of
appliance, or special systems suitable for the protection of the hazard involved. i
Such devices or appliances may consist of automatic fire alarm systems.automat-
ic sprinkler or water spray systems. standpipe and hose, fixed or portable fire E
extinguishers, suitable asbestos blankets. breathing apparatus. manual or auto- 3
matic covers. carbon dioxide. foam. halogenated and dry chemical or other
special fire-exnneuishing systems. Nk here such systems are installed. they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
(c) Water Supply. An approved water supply capable of suppi}ing required
fire flow for fire protection shall be provided to all premises upon which buildings
or portions of buildings are hereafter constructed. When any portion of the
building protected is in excess of 150 feet from a water supply on a public street,
there shall be provided, when required by the chief. on-site fire hydrants and
mains capable of suppling the required ftre flow.
Water supply may consist of reservoirs.pressure tanks.elevated tanks. water
mains or other fixed system capable of supplying the required fire flow. In setting
the requirements for fire flow.the chief may be guided by the standard published
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10.301-10.303 UNIFORM FIRE CODE
by the Insurance Sen-ices Office. "Guide for Determination of Required Fire
Flow.
The location, number and type of fire hydrants connected to a wafer supply
capable of delivering the required fire flow shall be proytded on the public street
or on the site of the premises tobe protected as required and approved by the chief.
All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
(d)Timing of Installation.When fire protection facilities arc to be installed by
the developer, such facilities including all surface access roads shall be installed
and made sen iccable pnor to and during the time of construction. When alternate
methods of protection, as approved by the chief,are provided,the above may be
modified or waived.
(c)Approval and Testing. All fire alarm systems, fire hydrant systems. fire-
extincuishing systems(including automatic sprinklers). wet and dry standpipes,
basement inlet pipes, and other fire-protection systems and pertinents thereto
shall meet the approval of the fire department as to installation and location and
shall be subject to such periodic tests as required by the chief. Plans and
specifications shall be submitted to the fire department for review and approval
prior to construction.
Maintenance
Sec. 10.302.(a)General. All sprinkler systems. fire hydrant systems. stand-
= pipe systems. fire alarm systems, portable fire extinguishers, smoke and heat
ventilators, smoke-removal systems and other fire-protective or oxtinguishtne
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fire-protective orexuncutshin^_
systems coverage. spacing and specifications shall be maintained in accordance
with recognized standards at all times.Such systems shall be extended,altered or
augmented as necessan to maintain and continue protection whenever arry
building so equipped is altered. remodeled or added to. All additions. repairs.
alterations and sentcing shall be in accordance with recognized standards.
F\CEPTIO.N: Svstems not required by this or anv other coac need not be
extended.alterea nor aucmcnted.
Soda-acid, foam.loaded stream, antifreeze and water fire extinguishers of the
inyertmg types shall not be recharged or placed in sen-ice for fire protection use.
(b)Systems in High-rise Buildings.The building owner shall be responsible
for assunng that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operabie condition
at all times. Unless otherwise required by the chief, quarterly tests of such
systems shall be conducted by qualified persons approved by the chief. A written
record shall be maintained and be made available to the inspection autnonty.
Vapor Liquid and Liquefied Gas Extinguishers
Sec. 10.303.(a)Prohibited Types.Vaponzing liquid extinguishers containing
carbon tetrachloride or chlorobromomethane shall not be installed or used in any
location for fire protection use.
42
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ADDENDUM B
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISTION)
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;
WHEREAS Subdivider desires that acquisition of the
required right-of-ways be diligently pursued;
WHEREAS Subdivider has notified the 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 deposit, upon execution of this
agreement, the sums set out in paragraph 2 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 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
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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 following items :
$19, 557 Original valuation or property
acquisition cost.
$10 ,000 Additional costs for probable garage
relocation and acquisition of
additional 1300 square feet .
$ -0- Appraisal fees . (Subdivider has
elected to supply in lieu of deposit. )
$ 2 ,000 Right-of-way staff time .
$ -0- Costs of acquiring 15 title reports .
(Subdivider has elected to supply in
lieu of deposit. )
$25 ,000 Attorney ' s fees and costs for a
negotiated settlement after filing of
complaint in eminent domain.
$56, 557 Subtotal
$ 5, 656 Contingency ( ten percent of subtotal )
$62 , 213 TOTAL
3 . Subdivider shall have the option of providing
appraisal and title reports in lieu of deposit of appraisal and
title report fees, providing said reports are issued within six
months of the anticipated Resolution Of Necessity authorizing
the condemnation proceedings .
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
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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
therefor endorsed by Subdivider .
5. Subdivider acknowledges that these 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 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
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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:
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 incured 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
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e
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.
d . 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.
e. 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 .
f . 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 .
8 . 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 queston or challenge any use of funds
set forth in such accounting and may appeal same to the City
Council .
9 . Any amounts deposited by Subdivider shall be
maintained by City in an interest-bearing account of the City' s
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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
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 .
10 . 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
and 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, e-z�
seq. ) .
11 . No partial invalidity of this. agreement shall
invalidate the remainder .
JJA: jrt
1671i/46
4-15-86
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