HomeMy WebLinkAboutT-3726 - Agreement/Covenant - 6/20/2006 .ti
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-----------------------ABOVE SPACE FOR RECORDER ' S USE-------------------
P. W. File No. 8256 Public Works Departme
City of Fresno
SUBDIVISION AGREEMENT
THIS AGREEMENT is made this l U day of Ar c,'� , 1986 , by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and WALTER A. MELTON AND ANNE D.
MELTON, husband and wife, P.O. Box 1173 , San Luis Obispo, CA 93406 ,
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. 3726, 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
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 April 1 , 1987 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
of 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
.i
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 . 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 .
g. Wet-Ties shall be in accordance with Estimate No. E-288 .
The amounts identified 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 .
h. Perform and construct all work shown on the attached plans
(Water Job No . 3578 Sheets 1 , 2 and 3 ) , unless specifically omitted
(2) Sanitary Sewer Fees $ 2 , 527 , 2
(a ) Oversize Charge
10. 53 Ac @ $240/Ac $ 2 , 527 . 20
(Note: Major Facilities
Fee is to be paid at time
of development. )
Total Sewer Charges $ 2, 527 . 20
(3 ) Water Charges $14 , 427 . 51
(a) Fire Hydrant Charge
224 , 844 SF @ $0.75/100 SF $ 1, 686 . 33
(b) Transmission Grid Main
10. 53 Ac @ $375 .00/Ac $ 3 , 948 .75
(c) Water Construction Charge
10 lots @ $1 . 25/lot $ 12 . 50
(d) "Wet-Tie" Charge
(Estimate E-288) $ 8 , 780 . 00
Total Water Charges $14 , 427 . 58
TOTAL FEES AND CHARGES $18 , 893 .78
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.
B . 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.
b. Payment security in the sum of Twenty-Six Thousand Five
Hundred Fifty and 00/100 Dollars ($26 , 550. 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 .
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Two Thousand Five
Hundred Ninety-Three and 00/100 Dollars ($2, 593 . 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
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12 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one (1) year from the date
of acceptance of the work.
13 . The Subdivider and his subcontractors shall pay for any
materials , provisions, and other supplies used in, upon, for , or about
the performance of the work contracted to be done , and for any work or
labor thereon of any kind , and for amounts due under the Unemployment
Insurance Act of the State of California , with respect to such work or
labor, and shall file with the City pursuant to Section 3800 of the Labor
Code, a Certificate of Workers ' Compensation and shall maintain a valid
policy of Workers ' Compensation Insurance for the duration of the period
of construction.
14 . Initial compaction and soil tests for street, sewer , and other
work within the public right-of-way shall be ordered by and paid for by
the City of Fresno . Sewer and utility trench tests shall be taken in
varying locations and depths as required by the Engineer . Compaction
tests failing to meet the City ' s requirements , shall be reordered by the
City of Fresno from the same testing laboratory. Billing for the
required retests shall be made directly to the Subdivider or his agent
for payment . Compaction test for water facilities installed by the City
of Fresno shall be paid for by the City of Fresno .
15 . The Subdivider shall comply with Street , Plumbing, Building ,
Electrical . Zoning Codes and any other codes of the City.
16 . It shall be the responsibility of the Subdivider to coordinate
all work done by his contractors and subcontractors , such as scheduling
the sequence of operations and the determination of liability if one
operation delays another . In no case shall representatives of the City
of Fresno be placed in the position of making decisions that are the
responsibility of the Subdivider . It shall further be the responsibility
of the Subdivider to give the Engineer written notice not less than two
(2) working days in advance of the actual date on which work is to be
17 . Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the 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 .
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
be sprinkled or oiled , as he may deem advisable to eliminate the scatterin
of dust . by equipment and personnel of City or by contract as the City
Engineer shall determine, and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor, the entire cost to City of
such sprinkling or oiling . When the surfacing on any existing street is
disturbed , this surfacing shall be replaced with temporary or permanent
surfacing within fourteen (14 ) calendar days, and the roadway shall be
maintained in a safe and passable condition at all times between the
commencement and final completion, and adequate dust control shall be
maintained during these operations .
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 WALTER'A MELTON,
PUBLIC WOR DIR CTOR
Com'
ATTEST: ANNE D`. MEL t
l ^
�Q!� ( �
JACQUELINE L. RYLE
STATE OF CALIFORNIA
COUNTY Qtr F e O exch ' SS.
aOn this day of in the year
a' 1986
r9 before me, the undersigned, a Notary Public in
and for said County and State, personall appeared
Walter A. Melton & Inne D. Melton
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person 3 whose name
AY'A subscribed to the within instrument and !
= acknowledged that tbhv executed the 1
same. �� A
�- � - ---
Signature ,•'��' -
0
CL
e
W Name (Typed or Printed)
Notary Public in and for said County and State
F. 2492 R. 11/82 FOR NOTARY SEAL OR STAMP
r _;
EXHIBIT A
• 1982 EDMON 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
authorized 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 making necessary repairs,or when permitted by the fire depart-
ment. Whenever a fine 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 fust 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. 10.20.3. 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, tag 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)Trespassing. 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, storage 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
i the circumference of the fire hydrants except as otherwise required or approved by
i 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 fire 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 requirement of this section may be
modified when,in the opinion of the chief,fire-fighting or rescue operations would
not be impaired.
(b) Obstructing. The required width of access roadways shall not be
obstructed in any manner, including parking 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 any building. Where the access
roadway canna 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)Oversiring.The chief shall have the authority to require an increase in the
minimum access widths where such width is not adequate for fire 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 fire apparatus.
Premises Identification
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.When access to or within a structure or an area is unduly difficult i
because of secured openings or where immediate access is necessary for life- s
saving or fire-fighting purposes,the chief may require a key box to be installed in
an accessible location.The kev box shall be a type approved by the chief and shall 1
contain keys to gain necessary access as required by the chief. i
Division III
INSTALLATION AND MAINTENANCE OF FIRE-
PROTECTION, LIFE-SAFETY SYSTEMS AND
APPLIANCES
Installation
Sec 10.301.(a)Type 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 relative seventy of probable fire, including the rapidity with
which it may spread. Such appliances shall be of a type suitable for the probable
class of fire associated with such building or premises and shall have approval of
the chief.
Portable fire extinguishers shall be in accordance with U.F.C. Standard No.
10-1.
(b) Special Hazards. In occupancies of an especially hazardous nature or f
where special hazards exist in addition to the normal hazard of the occupancy,or
where access for fire apparatus is unduly difficult, additional safeguards 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. E
Such devices or appliances may consist of automatic fire alarm systems.automat-
ic spnrikler or water spray systems. standpipe and hose, fixed or portable fire
extinguishers, suitable asbestos blankets. breathing apparatus, manual or auto-
matic covers, carbon dioxide, foam. halogenated and dry chemical or other
special tire-extinguishing systems. Where 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 supplying 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 supplying the required fire flow,
W'ater 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 Services Office, "Guide for Determination of Required Fire
Flow."
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 lobe 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.'_07.
(d)Timing of Installation.When fire protection facilities are to be installed by
the developer.such facilities including all surface access roads shall be installed
and made serviceable prior to and during the time of construction. «"ten alternate
methods of protection,as approved by the chief,are provided,the above may be
modified or waived.
(e)Approval and Testing. All fire alarm systems,fire hydrant systems, fire-
extineuishing 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
F
3 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 extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fire-protective or extinguishing
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 necessary to maintain and continue protection whenever any
€ building so equipped is altered. remodeled or added to. All additions. repairs,
alterations and servicine shall be in accordance with recoenized standards.
EXCEPTION. Systems not required by this or anv other code need not be
extended,altered nor auemented.
Soda-acid,foam,loaded stream,antifreeze and water fire extinguishers of the
inverting types shall not be recharged or placed in service for fire protection use.
(b)Systems in High-rise Buildings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Buildine Code shall be maintained in an operable 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 authority.
Vapor Liquid and Liquefied Gas Extinguishers
Sec.10.303.(a)Prohibited Types.Vaporizing liquid extinguishers containing
carbon tetrachloride or chlorobromomethane shall not be installed or used in any
location for fire protection use.
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