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HomeMy WebLinkAboutT-3797 - Agreement/Covenant - 7/3/2006 �f •Y G v P. W. File No. 8455 Public Works Department UGM No. 260 City of Fresno SUBDIVISION AGREEMENT Tract No. 3797 "Remington Estates" sfi � A THIS AGREEMENT is made this �_ day of /% , 199Q19 If by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and Remington Estates, a Joint Venture, 7545 North Del Mar Avenue, No. 206, Fresno, California 93711, and Herbert Isheim and Christine Isheim, Husband and Wife, 3551 North Brawley Avenue, Fresno, California 93722, hereinafter designated and called the "Subdivider, " without regard for number or gender. RECITALS 1. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City, and known and described as Tract 3797, "Remington Estates, " 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 'Ph P ROM BY CITY COUNCIL O UNE KYLE. TY CLERK gy �cn�► DEPUTY .� i. .r Subdivision Agreement 'Tract No. 3797 Page 2 specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. 2. The Covenantor 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. 3 . All such instruments of Suborddination, if any, are attached hereto and made a part of this instrtument. 4 . 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. 5. 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. M Subdivision Agreement ' Tract No. 3797 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 . 6 . The Subdivider shall perform the work and improvements hereinafter specified on or before February 28, 1991, except the sidewalk construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract 3797 but no later than February 28, 1992, to the satisfaction of the Director of Public Works and/or the City Engineer of the City as provided by Code. 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 10.207(a) , 10 .301(c) 10.301(d) and 10.301(e) 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 Subdivider, the time of completion may be Subdivision Agreement ' Tract No. 3797 Page 4 extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays if any. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 7. 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. 8. 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 luminaries shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council Subdivision Agreement Tract No . 3797 Page 5 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 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 . B-10603 . 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. i . As a condition of final map approval the developer is required to install landscaping and an irrigation system in a ten-foot landscape easement along the North Brawley Avenue frontage of the subdivision. The Subdivider 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 Subdivider also agrees to sign a petition asking the Council to include this Tract in the existing District. •P Subdivision Agreement Tract No. 3797 Page 6 j . Perform and construct all work shown on the attached plans (City Drawing Nos: 10-C-5219 through 10-C-5226 with Water Job No. 3662 (8 sheets) inclusive and 15-C-6669 through 15-C-6680 (12 sheets) inclusive. Fresno Metropolitan Flood Control District Drawing Nos : AK-7-1 through AK-7-3 (3 sheets) inclusive) , unless specifically omitted herein. k. 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. 1. The Subdivider has deposited with the City the sum of One Hundred Thirty Thousand Nine Hundred Twenty and 11/100 Dollars ($130, 920. 11) for the following: (1) Inspection Fees $28, 212 . 68 (2) Monument Check Fee 89 Lots @ $30 .00/Lot $2 , 670 . 00 (3) Intersection Signing, 12 @ $150 .00 $1, 800.00 (4) Traffic Regulatory Signing, 31 @ $38 . 00 $1, 178.00 (5) Street Trees, 130 @ $87. 00 $11,310. 00 Street Tree Inspection Fee 8 Trees @ $23 .00 ea. $184 . 00 (6) Pond Maintenance Fee, 18, 533 .0 SF @ $0.20/SF $3, 706. 60 (7) Sewer Trench Water Compaction Charge, 4, 916. 67 CY @ $0.06/CY $295. 00 (8) Sanitary Sewer Fees $130.20 (a) Oversize Charge (UGM Reimbursement Area No. 21) Remainder Parcel not part of Tract 3797 0.42 Ac @ $310.00/Ac $130.20 (Note: Major Facilities Fee is to be paid at time of development at the current rate of $200. 00/unit . ) Total Sewer Charges $130 .20 Subdivision Agreement Tract No . 3797 Page 7 (9) Water Charges $31, 579 . 98 (a) "Wet-Tie" Charge $2, 000 . 00 (Estimate No. B-10603) (b) Tap Charge (Service Connections) 89-1" meters @ $170 . 00 Ea $15, 130 . 00 4-1 1/2" meters @ $300 . 00 Ea $1, 200 . 00 (c) Fire Hydrant Charge (Zone District R-1/UGM) 604 , 665 . 0 SF @ $0 . 75/100 SF $4 , 534 . 99 (Remainder Parcel not part of Tract 3797) 18, 085 .0 SF @ $0 .75/100 SF 135 . 64 (d) Transmission Grid Main (UGM Reimbursement Area No. B) (Remainder Parcel not part of Tract 3797) 0 .42 Ac @ $570 . 00/Ac $239 . 40 (e) UGM Well Development Charge (Supply Well No . 301-S) 19.55 Ac @ $410.00/Ac $8,015.50 (Remainder Parcel not part of Tract 3797) 0 . 52 Ac @ $410 .00/Ac $213 . 20 (f) Water Construction Charge 89 Lots @ $1.25 /Lot $111.25 Total Water Charges $31, 579 . 98 (10) UGM Major Street Bridge Charge (Zone E-4) 18. 91 Ac @ $135. 00/Ac $2,552 . 85 Subdivision Agreement - Tract No. 3797 Page 8 (11) UGM Traffic Signal Charge 18.91 Ac @ $860.00/Ac $16,262 . 60 (12) UGM Grade Separation Charge (Service Area, Zone E-4-A) 18.91 Ac @ $1, 500 . 00/Ac $28, 365.00 (13) Landscape Maintenance District Fee $2, 673 .20 TOTAL FEES AND CHARGES $130. 920. 11 (14) Fee Deferrals-Present Credits-Future Reimbursements (a) UGM Fire Station Fee Deferred by Covenant Service Area No. 16 Zone District R-1/UGM 19 .55 Ac @ $1,242.00/Ac $24 ,281. 10 (b) UGM Neighborhood Park Fee Deferred by Covenant Service Area No. 4 Zone District R-1/UGM 19.55 Ac @ $1,230.00/Ac $24, 046.50 (c) UGM Trunk Sewer Fee Deferred by Covenant Service Area: Cornelia Trunk Line Zone District R-1/UGM 18.91 Ac @ $445.00/Ac $8, 414.95 (d) Sanitary Sewer Oversize Charge Present Credit-Future Reimbursement 19 .55 Ac @ $240.00/Ac $4 , 692 .00 Less Oversize Credits [$7,080.50] Net Charge $0 Paid with credits Future Reimbursements shall be made in accordance with Section 9-503.2 of the Fresno Municipal Code (UGM Reimbursement Area No. 21) Subdivision Agreement ' Tract No. 3797 Page 9 (e) Transmission Grid Main Charge - Present Credit-Future Reimbursement 19 . 55 Ac @ $440 . 00/Ac $8, 602 .00 Less TGM Credits [$23, 273 . 00] Net Charge $0 Paid with credits Future Reimbursements shall be made in accordance with Section 14-107. 1(d) of Fresno Municipal Code (UGM Reimbursement Area B) (f) UGM Major Street Charge Present Credit-Future Reimbursement Zone E-4 18 . 91 Ac @ $2,435. 00/Ac $46, 045 . 85 Less Major Street Credit [$61, 687. 00] Net Charge $0 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code (g) Fire Hydrant Reimbursement 9 F.H. @ $300 . 00/F.H. $2 ,700.00 Future Reimbursements shall be made in accordance with Section 14-107. 1b of the Fresno Municipal Code 9 . 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. a. The Subdivider allocates lots 87, 88 and 89 for use as temporary facilities to alleviate the flooding and drainage problem anticipated to be caused by this subdivision and its improvements until such time as the City, through its Public Works Director, releases in writing such lots from such use. The Subdivider shall improve such facilities pursuant to City approved construction plans and, upon completion of such improvements, the City is permitted to enter such lots and shall maintain such facilities until such written release is issued. i Subdivision Agreement 'Tract No. 3797 Page 10 The Subdivider shall not commence any backfilling operation of the temporary facilities unless the Public Works Director so authorizes in writing . The Subdivider agrees that the City may deny issuance of any building permit relating to such lots until the City issues its written release. No written release shall be issued unless the City Engineer is satisfied that all temporary facilities have been backfilled and compacted properly and all temporary drainage structures, such as inlets, outlets, pipes-, and similar - structures, have been plugged, removed, and disposed of in accordance with the Standard Specifications of the City. 10. 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. 11. 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 Nine Hundred Eight Thousand Nine Hundred and 00/100 Dollars ($908, 900.00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Forty-Five Thousand Four Hundred Forty-Five and 00/100 Dollars ($45,445.00) , shall be cash or a Certificate of Deposit; the remaining 95%, Eight Subdivision Agreement Tract No. 3797 Page 11 Hundred Sixty-Three Thousand Four Hundred Fifty-Five and 00/100 Dollars ($863,455 .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 Four Hundred Fifty-Four Thousand Four Hundred Fifty and 00/100 Dollars ($454 , 450 .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 . 12 . On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Ten Thousand Forty-Four and 50/100 Dollars ($10, 044 . 50) , 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. 13. 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 Subdivision Agreement 'Tract No. 3797 Page 12 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. 14 . 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. V Subdivision Agreement " Tract No. 3797 Page 13 15. 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. 16 . 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 Tract No. 3797 Page 14 17. The Subdivider shall comply with street, plumbing, building, electrical, zoning codes and any other codes of the City. 18 . 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. 19 . 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. Subdivision Agreement Tract No. 3797 Page 15 20. 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. 21. 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 Subdivision Agreement Tract No. 3797 Page 16 control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or oiling . When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations . 22. 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. 23. 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 . 24. 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. Subdivision Agreement Tract No. 3797 Page 17 CITY OF FRESNO, SUBDIVIDER a Municipal Corporation REMINGTON ESTATES, a Joint Venture MARVIN D. JOHNSON BY LAND DEVELOPMENT, INC. , a Public Works Director California Corporation By Stanley L, S President r . _ . ATTEST: BY REZA AND REZA CORPORATION, JACQUELINE L. RYLE a California Corporation City Clerk BY By J —J� 1 � J Rez ' , Pr ' dent Deputy HERBERT ISHEIM and CHRISTINE ISHEIM, APPROVED AS TO FORM: Husband and Wife HARVEY WALLACE City Attorney Herbert Isheim AL By Christine Isheim STATE OF CALIFORNIA ss. COUNTY OF FRESNO On this 10TH day of APRIL SCC in the year 1990 before me thRBERsI'gnISHEIMy anti inandappeared personally known to me W&SEAL (or proved to me on the basis of satisfactory evidence)to be the persons whose name! ABROWN are subscribed to the within instrument,and acknowledged to me thatt heY 41� NOIAnrPUBL10CAUFORNIA t R1 , I OFFICE IN executed It. . FRESNO COUNTY 1932 WITNESS my hand and official s otary Public in d for said State. ACKNOWLEDGMENT—Geeeai—Wolootls Form 233CA—Rev 5.82 01982 WOLCOTTS,INC, STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO //) On l9 g V before me, the undersigned a Notary Public in a d for said State, personally appeared STANLEY L. SPANO personally known to me or proved to me on the basis of satisfactory evid- ence to be the person who executed the within instrument as the . President of Land Development , Inc. , the corporation that executed the within instru- ment on behalf of REMINGTON ESTATES, the Joint Venture that executed the within instrument , and acknowledged to me that such corporation exe- cuted the same as such Joint Venturer and that such Joint Venture executed the same . OFFICIAL SEAL WITNESS my hand and official seal. ANGELA I BROWN .` NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN FRESNO COUNTY My CorranissAn ExD•Fia.15,1992 0 ��) Notary ublic in and for said County and State STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On before me, the undersigned a Notary Public in A-nd for sa State, personally appeared REZA ZAHEDI personally known to me or proved to me on the basis of satisfactory evid- ence to be the person who executed the within instrument as the President of Reza and Reza Corporation, the corporation that executed the within instrument on behalf of REMINGTON ESTATES, the Joint Venture that executed the within instrument , and acknowledged to me that such corporation exe- cuted the same as such Joint Venturer and that such Joint Venture- executed the same. OFFICIAL SEAL WITNESS my hand and official seal. "' ANGELA I BROWN NOTAR'i PUBLIGMIFORNIA ` PRINCIPAL OFFICE IN FRESNO COUNFY Nh Corrrrassae Epp.Na 15,1992 Notary Pfiblic int/and for said County and State Tract No. 3797 "Remington Estates" P.W. File No. 8455 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , 19 , in the office of the Fresno County Recorder in Book , Page Document .No..._ __ - ____ __ of_ which -the— Deed hichthe. .Deed of Trust in by and between as Trustor, as Trustee, and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements . DATED: 19 (Attach Notary Acknowledgment) LR:jz 5027D EXHIBIT "A" 10.101.10.201 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR FIRE SAFETY ARTICLE 10 FIRE PROTECTION Division I OPERATIONS AT FIRES OR OTHER EMERGENCIES Authority at Fires and Other Emergencies Sec.10.101.7he chief and his authorized representatives,as may be in charge at the scene of a fire or other emergency involving the protection of life andlor property or any part thereof,shall have the power and authority to direct such operation as may be necessary to extinguish or control any fire. perform any rescue operation, investigate the existence of suspected or reported fun. gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. In the exercise of mch power.the chief may prohibit any person,vehicle,vessel or thing from approach- ing the scene and may remove or cause to be removed or kept away from the scene any vehicle.vessel or thing which may impede or interfere with the operations of the fire department and,in the judgment of the chief,any person not actually and usefully employed in the extinguishing of such fire or in the preservation of ptoperty in the vicinity thereof. Interkwence with Fire Department Sec.10.102.Any person who obstructs the operations of the fie department in connection with extinguishing any fire, or other emergency, or disobeys any lawful command of the chief or officer of the rut department who may be in charge at such a scene,or any part thereof,or any police officer assisting the fire department,shall be guilty of a misdemeanor Authority to Barricade Sec.10.103.'Ibe chief or other officer of the fire department in charge at the scene of an emergency shall have the authority to place ropes.guards.barricades or other obstructions across any stmt. alley, place or private property in the vicinity of such operation so as to prevent accident or interference with the lawful efforts of the rut department to manage and control the situation and to handle firs apparatus. Division U GENERAL PROVISIONS Tampering with Fin Equipment See 10.201.No person shall molest.tamper with.damage or otherwise disturb 1 1966 EDITION 10.201.10.206 any apparatus,equipment or appurtenance belonging to or under the supervision and control of the fire department without authority from the chief or his autho- rized representative to do sot 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 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 fist 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,tag or seal which has been lawfully installed by the fire department or by its order or tinder its control. Closure of Roads or Trails Sec.10.206.(a)General.The chief may require the installation and mainte- nance of gates or other approved barricades across roadways, =h or other accessways,not including public streets,alleys or highways. When required,gates and barricades shall be secured in an approved manner When required to be secured,roadways.trails and accessways shall not be used except when authorized by the owner and the chief. (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 obsmrcted 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 toad or mail. Obstructlon of Fire Protection Equipment See. 10.206. (a) General. No person shall place or keep any post, fence, vehicle,growth.trash,storage orother material orthing nearany fur:hydrant.rue department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other 2 10.206.10.207 UNIFORM FIRE CODE 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. (b)Identification of Hydrants or Equipment.All fire protection equipment t or hydrants shall be clearly identified in a manner approved by the chief to prevent parking or other obstruction. Fire Apparatus Access Roads Sec. 10.207.(a)General.Fire apparatus access roads stall be provided and maintained in accordance with the provisions of this section. (b)Where Required.Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located mere than 150 fair from fire department vehicle access..* EXCFJMONS: 1.When buuamgs are comtpietelyprtitected wmh is approved automatic tut sprinkler system,the provisions of ttis section may be modified. 2.When access roadways canna be installed due to topogapby,waterways, nonnegotiable grades or other similar conditions,the chief may require additional fat protection as specified in Section 10.301(b). 3.Wben there are nes mare than two Group R,Division 3 or Group M Occupan- cies,the requirements of this section may be modified,provided.in the opinion of the chief,fire-fighting or resew operations would not be impaired. More than one fire apparatus road may be required when it is determined by the chief that access by a single toad may be impaired by vehicle congestion. condition of terrain,climatic conditions or other factors that could limit access. For high-piled combustible storage,see Section 81.109. (c)Width.The unobstructured width of a fire apparatus access toad shall be not less than 20 feet. (d)Verbal Clearance.Fire apparatus access roads shall have an unobstructed vertical cicua=of not less than 13 feet 6 inches. EXCEPTION:Upon approval vertical clearance may be reduced,provided such reduction does not impair access by fire apparatus and approved sips are installed and maintained indicating the established vertical clearance. (e)Plerndsslble Modifications.Vertical clearances or widths required by this 1 section shall be increased when.in the opinion of the chief,vertical clearances or widths arc not adequate to provide fire apparatus access. (f)Surface.Fire apparatus access toads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (g)Turning Radius.The turning radius of a fire apparatus access road shall be as approved by the chief. (b)Turnorounds.AD dead-end fare apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. *as measured by an unobstructed mute around the exterior of the buidling. 3 1988 EDITION 10.207-10.301 (i)Bridges.When a bridge is required to be used as access under this section.it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. 0)Grade.The gradient for a fire apparatus access road shall nes exceed the maximum approved by the chief. (It)Obstruction.The required width of any fire apparatus access road shall not be obstructed in any manner.including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. (1)Signs.When required.approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. Premises Identification See.10.208.(a)General.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 contrm with their background. (b)Street or Road Signs.When required by the chief,a street or road shall be identified with approved signs. Key Box Sec.10.209.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 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)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 severity of probable fire. including the rapidity with which it may spread.Such appliarrces 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. w (b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy.or 4 10.301.10.302 UNIFORM FIRE CODE 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. Such devices or appliances may consist of automatic fire alarm systems,auto- matic sprinkler 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 fire-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 the 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 excessof ISO feet from a water supply on a public stmt,as — I measured by an approved route around the exterior of the building.there shall be provided,when required by the chief,on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs,pressure tanks,,elevated tanks,water mains or other fixed systems capable of providing the required fire flow.In setting the requirements for fire flow, the chief may be guided by the provision in Appendix III-A of this code. 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 strew oron the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways mating the requirements of Section 10.207. (d)Fire Hydrant Markus. When required by the chief, hydrant locations shall be identified by the installation of reflective markets. (e)11ming of Installatbn.Wben 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.Wben alternate methods of protection,as approved by the chief,are provided,the above may be modified or waived. (f)Approval and Testing.All fire alarm systems,fire hydrant systems,fire- extinguishing systems(including automatic sprinklers),wet and dry standpipes. basement inlet pipes,and other fire-protection systems and appurtenances thereto shall mat 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 specifica- tions shall be submitted to the fire department for review and approval prior to consatrction. MaIntenanq Sec.10.302.(a)General.All sprinkler systems,fire hydrant systems,stand- pipe systems,fire alarm systems. portable fire extinguishers. smoke and heat 5 r IM EDMON 10.302.10.304 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.Fine-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 orad continue protection whenever any build- ing so equipped is altered.remodeled or added to.All additions.repairs.altera- am orad servicing shall be in accordance with recognized standards. EXCEP'PION:Systems not nquured by this or my order code need not be exteaded.altered nor auger K (b)Symms in High-rbc Buildimp.The building owner shall be responsible for assuring that the fire and life safety systems required by Sections 1807 and 1907 of the Uniform Building Code shall be maintained in an operable condition at all times.Unless otherwise requited by the chief.quarterly tests of such systems I shall be conducted by approved persons.A written recotd shall be maint6ned and be made available to the inspection authority. (c)Smoke-control Systemts.Mechanical smoke-control systema,such as in high-rise buildings,buildings containing atria,covered mall buildings and me- chanical ventilation systems of smokeproof enclosures.shall be maintained in operable condition at all times.Unless otherwise required by the chief.quarterly tests of such systems shall be conducted by approved persons.A written record shall be maintained and be made available to the inspection authority. 6