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HomeMy WebLinkAboutT-3802 - Agreement/Covenant - 6/27/2006 P. W. File No. 8368 Public Works Department UGM No. 240 City of Fresno SUBDIVISION AGREEMENT (TRACT NO. 3802) THIS AGREEMENT is made this 23AO1 day of -Ga�� t, 1986, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and Westbrook Estates , Ltd . , A California Limited Partnership, 1750 East Bullard, Suite 104, Fresno, California, 93710, hereinafter designated and called "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. 3802, 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 . ArROVED BY CITY COUtICIL �L�1ttL�t/a)19ssLQ�//n� JACQUELINE L RYLE CITY CLERK By. rzZ-11��477ri�ue � DEPUTY f y 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 December 31 , 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. 3802 but not later than December 31, 1988, to the satisfaction of the Director of Public Works o 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 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. -2- a I z r 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 underground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc . , of standards and luminaires shall be in accordance with Resolution 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. 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 North Seventh 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 . i . Perform and construct all work shown on the attached plans ( 15-C-6017 through 15-C-6024 ; Construction Drawing Water Job No . 3609-eight sheets; 10-C-4924 through 10-C-4931) , unless specifically omitted herein. -3- f 7 1 j . The Subdivider has deposited with the City the sum of Two Hundred Thirty-Five Thousand, Nine Hundred Forty-Six Dollars and 66/cents ($235 , 946 . 66) for the following: (1) Inspection Fees $17 , 949 . 10 Less $5 , 528 . 98 $12, 420. 12 Paid with Early Const . Agreement (2) Intersection Signing, 8 @ $90 .00 $ 720 . 00 (3 ) Traffic Regulatory Signing, 9 @ $35 . 00 $ 315 . 00 (4) Street Trees, 131 @ $60.00/ea $ 7, 860.00 (5) Pond Maintenance Fee $ 2, 385 . 00 (6) UGM Traffic Signal Charge, 24 . 26 Ac @ $370.00/Ac $ 8 , 976 . 20 (7) UGM Major Street Charge; (Zone E-1) 24 . 26 Ac . @ $2, 845 . 00/Ac $ 69,019 . 70 (8) UGM Fire Station Fee; (Service Area No. 13 ) (Zone District R-1/UGM) 24 . 90 Ac @ $251 .00/Ac $ 6, 249 . 90 (9) UGM Major Street Bridge Charge $ 3 , 032 . 50 (Zone E-1) (10) UGM At-Grade Railroad Crossing Fee $ 6, 089 . 26 (Service Area A-B & E-1-A) (A-B) 24 . 26 Ac @ $83 .00/Ac = $2,013 . 68 (E-1-A) 24 .26 @ $168 .00/AC = $4 ,075 . 68 (11) Landscape Maintenance District Fee $ 1, 644 . 82 (12) Sanitary Sewer Fees $ 12, 574 . 50 (a) Oversize Charge (UGM Reimbursement Area No. 4) 24 . 9 Ac @:$240.00/Ac $ 5 , 976 . 00 (b) Lateral Charge 659 . 85 LF @ $10/LF $ 6 , 598 . 50 (Note: Major Facilities Fee is to be paid at time of development . ) Total Sewer Charges $12 , 574 . 50 (13) Water Charges $ 37, 917 . 66 (a) Frontage 659 .85 LF @ $3 .75/LF $ 2 , 474 .44 (b) Fire Hydrant Charge (Zone District R-1/UGM) 812 , 596 SF @ $0 . 75/100 SF $ 6 ,094 . 47 (c) Transmission Grid Main (UGM Reimbursement Area A) 24 . 90 Ac @ $375 .00/Ac $ 9 , 337 . 50 (d) UGM Well Development Charge (Supply Well No . 101-5) 24 . 90 AC @ $800. 00/AC $19, 920 00 . -4- (e) Water Construction Charge 73 Lots @ $1 . 25/Lot $ 91. 25 Total Water Charges $37 , 917 . 66 (14 ) FMFCD Drainage Fee $66,742 .00 TOTAL FEES AND CHARGES $235, 946 . 66 (15) Fee Deferrals-Present Credits-Future Reimbursements (a) UGM Neighborhood Park Fee - Deferred by Covenant Service Area No. 1 Zone District R-1/UGM 24 . 9 AC @ $982 .00/AC $ 24, 451. 80 (b) Fire Hydrant Reimbursement 6 F.H. 2 3300. 00/F.H. $ 1, 800.00 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 Five Hundred Sixty One Dollars and no/cents ($561,000. 00) , which is equal to 100% of the total estimated cost of the work required . Five percent (5%) of said amount ($28 ,050. 00) shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this Agreement; and -5- 4 c f b. Payment security in the sum of Two Hundred Eighty Thousand , Five Hundred Dollars and no/cents ($280, 500 .00) . which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements . Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. c. 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 Eight Thousand Three Hundred Five Dollars and no/cents ($8 , 305 .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. -6- F 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 started . Failure on the part of the Subdivider to notify the Engineer may cause delay for which the Subdivider shall be solely responsible . 17 . Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided . If Subdivider fails to duly notify -7- r 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 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 therefore, the entire cost to -8- 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, a Municipal Corporation JAMES L. MARTIN PUBLIC WORKS DIRECTOR �j ,�" ' - ATTEST: SUBDIVIDER JACQUELINE L. RYLE WESTBROOK ESTATES , LTD. City Clerk A =-. (, Limited Partnership By: h Assoicates, General artner By �tiz� m��n,�e.�r ; Deputy By . o p , resi en APPROVED AS TO FORM: By C. WILLIAM BREWER Actin City for y By (Attach Notary Acknowledgment) MIW:mv 7111gl158 -9- 1992 ECIT10N 10.201.10.205 Division II GENERAL PROVISIONS Tampering with Fire Equipment Sec 10.201.No person shall molest,tamper with,damar^_or other-,A ise disturb anv apparatus,equipment or appurtenance belonging to or under the supervision and control of the ftre 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 Etre 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 ftre appliance is removed as herein perrrutted, it shall be replaced or rcrostalled 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 ar.d w hick is accessible to any public highway,alley or pnvate 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 authonzed to make such use by the water company which supplies water to such hydrants or other valves. Tampering with Barricades,etc. Sec. 10.203. No person, except a person authonzed by the chief or a public officer acting within the scope of his public duties.shall remove,unlock,destrov, tamper with or otherwise molest in anv manner am•lock, rate, door. bamcade, chain, enclosure, sign, taz 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 bamcades and securely lock the same to prevent the use by unauthorized persons of anv road that is not a public highwav 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 authonzed 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 dunes.shall trespass upon any road or trail which has been closed and obstructed in the manner authonzed 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 sucn road or trail. 39 1 10.205-10.209 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 matenal 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 fire department access roads in excess of 150 feet long shall be provided with approved provisions for the tuming around of fire department apparatus. EXCEP'T'ION: When there are not more than two Gr-cup R. Division 3 or It Occupancies as defined in the Building Code,the mcuirrment of this section rrus•be modified when,in the opinion of the cnief,fire-fighnnz or rescue operations would not be impaired. (b) Obstructing. The reouired width of access roadways shall not be obstructed in any manner, including parkins•of vehicles. NO PARKING signs or other appropriate notice,or both,pronibitine 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 extenor walls of the first story of any building. Where the access roadwav canna be provided,approved fire protection system or systems shall be provided a-s reouired 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 moiificd. (e)Oversizing. The chief shall have the authonty to rcauire an increase in the minimum access widths wnere such width is not adequate for fire or rescue operations. (f)Brides.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 Lhc Building Code and using design live loading sufficient to cam the imposed loads of the flre apparatus. Premises Identification Sec. 10.203. 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. 40 2 1902 EDITION 10.203-10.301 Key fox Sec. 10.209.%%1cn access 10 or within a slructurc Of an arca is unduls•difficult because of secured openings or %%here Immediate access is necessary for life- sas inv or fire-fichnne purposes.the chict niav require a key box to be installed in an accessible location.The key box shall he a type approved by the chief and shall If contain keys to Dain 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)T}pe Required.The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildines and premises in the iunsdiction other than private dstcllines. This shall be done according to the relative seventy of probable fire. including the rapidity %%ith %%high 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 ertin_euishers shall be in accordance with U.F.C. Standard No. 10-1. (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 %%here access for fire apparatus is unduly difficult, additional safecuaras may be reouired consisting of additional fire appliance units, more than one type of `- appliance. or special systems suitable for the protection of the hazard insolycd. Such devices or appliances may consist of automatic fire alarm systems.automat- ic spnn}:Icr or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets• breathing anparatus. manual or auto- t matic covers. carbon dioxide, foam. halogenated and dn• chemical or other special tire-extincuishine systems. \k here such systems are installed. they shall be in accordance ss itn the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association µhen Lniiorm Fire Code Standanis do not appiy. (c) Water Supply. An approved water supply capable of supoiyin^_ rcouired fire flow for fire protection shall be provided to all premises upon Anich buildings or portions of buildines are hereafter constructed. %%nen any portion of the building protected is in excess of I rO feet from a water supply on a public street, there shall be provided, %nen required by the chief. on-site tire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks. elevated tanks. water mains or otner fixed system capable of suppiyinp the required fire flow. In setting the requirements for Circ flow,the chief may be guided by the standard published 41 3 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 skater supply capable of deh%ermg the required fire flow shall be prosided on the public street or on 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 mcetmg the requirements of Section 10.207. (d)Timini;of Installation.When fire protection facilities are to be installed by the dcceioper. such facilities including all surface access roads shall be installed and made serviceable pnor to and dunng the time of construction. When alternate methods of protection,as approved by the chief,arc provided,the above may be modified or`.arced. (e)Approval and Testing. All fire alarm systems, fire hydrant systems, ftre- cxtineulsnlne systems (including automatic sprinklers). Net and dry standpipes, basement inlet pipes. and other fire-protection systems and pertinents thereto shall meet the arproval of the ire department as to installation and location and shat, b•: subiect to such periodic tests as required by the chief. Plans and specifications shall be submitted to the fire department for review and approsal pnor to construztion. s Maintenance Se-c. 10.302.(a)General. All sprinkler systems. fire hydrant systems.stand- P!7'-- tand- pine systems, tire alarm systems, portabie fire extinguishers. smoi:c and heat ventilators, smokc•rcmocaI systems and other fire-protective or exungwshmg systems or aerliances shall be maintained in an operative condition at all times and shall be replaced or repaired«here defective.Fire-protective or extinguishing_ systems coverage, spacing and specifications shall be maintained in accordance s,ith recocnizcd standards at all times. Such systems shall be extended,altered or augmented as necessary to maintain and continue orotection schene%er am' buiidinc so couirred is altered. remodeled or added to. All additions. repairs. a!ierations and ser icinc shall be in accordance s•itn recocnized standards. ESC1,11FION: Systems not required by this or anv otner coac need not tc extenucj.aiterea nor auernenied. Soda-a,:td,foam,loaded stream, antifreeze and water fire extincuishcrs of the inserting tspcs snall not bc;recharged or placed in sers•ice for fire protection use. (b)Systems in High-rise Buildings.The building owner shall be responsible for assunng that tnc fire and life safety systems required by Sections 1307 and I'M of the Unito;m iiuildinr Code shall be maintained in an operaole condition at all times. Unless otneru ise required by the chief, quarterly tests of such systems shall be conducted by qualified persons approved by tr e chief. A written record shall be maintained and be made available to the inspection autnonty. Vapor Liquid and Liquefied Gas Extinquishers Sec. 10.303.tai Prohibited Types.'Vanonzine liquidextin_•uisners containing carbon te:rcnloncc or ch!orobromometnanc shall not be installed or used in am log atwn for fire p;otection use. 42 4 J a • . State of California County of Fresno On this 4th day of December , 19 86 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROB L. ADOLPH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as PRESIDENT of R. L. ADOLPH ASSOCIATES, INC., the corporation therein named, and acknowledged to me that said corportion executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the partners of WESTBROOK ESTATES, LTD., the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Witness my hand and official seal. OCLAUDIA A. THOMAS NOTARY PUBLIC Notary Public FRESNO COUNTY, CALIFORNIA My Commission Expires Jun.22, 1987 STATE OF CALIFORNIA COUNTY OF —Fresno SS. On this day of Vtcdfv&tw in the year 1986 before me,the undersigned,a Notary Public in and for said County and z State, personally appeared d MARGARET L. BE=COURT I O .. ., ._ . v d personally known to me CLAUDIA A. THOMAS F, (or proved to me on the basis of satisfactory evidence) to be NOTARY PUBLIC WONE of the partners of the partnership that executed the FRESNO COUNTY, CALIFORNIA z F within instrument, and acknowledged to me that such partnership @MY Commission EMpi14s Jun.22,1987 W °C executed the sam J � F n O d v � Signature s v Name (Typed or Printed) Notary Public in and for said County and State F.2493 R. 11/82 FOR NOTARY SEAL OR STAMP