HomeMy WebLinkAboutT-3994 - Agreement/Covenant - 6/22/2006 i
P. W. File No . 8821 Public Works Department
UGM No. 359 City of Fresno
SUBDIVISION AGREEMENT
X=act No. 3996
_Wthclub'
THIS AGREEMENT is made this a�J day of �� iLc(=(,e,��J1989, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Grupe Development Company-Northern
California, 10282 North Friant Road, Fresno, California, 93710-P. O.
Boa 25970, Fresno, Caifornia 93729-5970, 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
No. 3996, 'Beachclub' , 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.
PROVED B CITY COUNCIL
/0-19j--L
!!!C LI E �t
LYLE, ITV CLERK �,��L
By ztt
DEPUTY
M
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 2
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.
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 January 31, 1991, except the sidewalk
construction and lot corner monumentation which shall be completed upon
construction of the residential dwellings in Tract No . 3996 but no later
Subdivision Agreement
Tract No . 3996/ 'Beachclub'
Page 3
than January 31, 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. 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 Subdivider, the
time of completion may be 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.
5. 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
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 4
Resolution No. 84-361 and as amended, at the sole cost and expense of the
Subdivider including all costs of engineering, inspection and testing .
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 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 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 Nos . 78-522 and
88-229 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights and shall be
approved by the City Traffic Engineer.
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 .
e
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 5
h. The Subdivider is required to install State Standard
"No Parking anytime" signs at the following locations :
North Westshore Drive, west side, within the limits of
the subdivision
Spacing shall be approximatly 150-250 feet depending on
locations of intersections and electroliers . The exact locations
shall be submitted to and approved by the City Traffic Engineer prior
to installation of sidewalk on the affected street. Security for
these sign intallations is included in the performance security,
based on the contingency portion of the total etimated cost of the
improvements .
i . As a condition of final map approval, the Subdivider is
required to pay a street tree fee in accordance with the master fee
resolution. In lieu of paying the street tree fee, the Subdivider
has posted improvement security in the amount of Ten Thousand
Forty-Eight and 00/100 Dollars ($10, 048 .00) to guarantee planting
and maintenance until time of occupancy of the required trees by the
Subdivider until the City accepts the street trees for maintenance
purposes.
Prior to planting any street trees in the subdivision, the Subdivider
agrees to submit a detailed landscaping plan for the entire
subdivision to the City Parks Department for approval . The plan
shall include the types, location, and number of trees proposed for
planting. The Subdivider agrees that the City shall not be obligated
to accept any tree for maintenance purposes which is not included in
the approved landscaping plan.
j . Perform and construct all work shown on the attached plans
(City Drawing Nos : 10-C-5594 through 10-C-5598 with Water Job
No. 3805 (5 sheets) inclusive and 15-C-7085 through 15-C-7098
(5 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 Eighty-Seven Thousand Five Hundred Fifty-Eight and 22/100
Dollars ($187,558.22) for the following:
(1) Inspection Fees = $20, 700 .49 Less $7,409 . 12 $13 ,291.37
Paid with Early Sewer and Water
Construction Agreement
(2) Monument Check Fee
83 Lots and 1 outlot @ $30 . 00/Lot $2, 520 .00
f
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 6
(3) Intersection Signing, 12 @ $150 . 00 $1, 800 .00
(4) Street Tree Inspection Fee
157 Trees @ $23 . 00 Ea $3, 611 . 00
(5) FMFCD Drainage Fee $43 , 365 . 00
(6) UGM Fire Station Fee;
(Service Area No . 21; Zone District R-1/UGM)
20.33 Ac @ $1,388. 00/Ac - $28, 218 . 04 Less
$26, 968 . 51 to be deferred and not part of
a Recorded Agreement for Early Issuance of
Building Permit for Lots 73 through 76 ,
inclusive $1, 249 . 53
(7) 'UGM Park Fee;
(Service Area No . 1; Zone District R-1/UGM)
20 .33 Ac @ $1, 102 .00/Ac - $22,403 . 00 Less
$21,411. 59 to be deferred and not part of
a Recorded Agreement for Early Issuance of
Building Permit for Lots 73 through 76,
inclusive $992 . 07
(8) Sanitary Sewer Fees $4,879 .20
(a) Oversize Charge
(UGM Reimbursement Area No. 3)
20.33 Ac @ $240 .00/Ac $4, 879 .20
(Note: Major Facilities
Fee is to be paid at time
of development. )
Total Sewer Charges $4 . 879 . 20
(9) Water Charges $39 , 674 . 50
(a) Fire Hydrant Charge (Zone District R-1/UGM)
559 , 540 SF @ $0 .75/100 SF $4 , 196 . 55
(b) Transmission Grid Main
(UGM Reimbursement Area No. A)
20.33 Ac @ $440. 00/Ac $8, 945 .20
e
Subdivision Agreement
Tract No. 3996/'Beachclub'
Page 7
(c) UGM Well Development
Charge (Supply Well No. 101-S)
20 .33 Ac @ $1, 300 . 00/Ac $26 , 429 . 00
(d) Water Construction Charge
83 Lots @ $1 . 25/Lot $103 . 75
Total Water Charges $39 , 674 . 50
(10) UGM Major Street Charge; (Zone A)
18 . 15 Ac @ $2 , 150 . 00/Ac $39,022 . 50
(11) UGM Major Street Bridge Charge
(Zone A)
18 .15 Ac @ $20 . 00/Ac $363 . 00
(12) UGM Traffic Signal Charge,
18 . 15 Ac @ $860 . 00/Ac $15, 609 . 00
(13) UGM At-Grade Railroad Crossing Fee Service $8, 566 . 80
Area Acres Fee Rate Fee
A-C 18 . 15 Ac @ $144 . 00 Ac $2, 613 . 60
A-E 18. 15 Ac @ $160 . 00 Ac $2 , 904 . 00
E-1-A 18 . 15 Ac @ $168 .00 Ac $3 , 049 .20
Total UGM, At-Grade RR Xing Fees $8. 566 . 80
(14) Millbrook Overlay Sewer Service Area
18. 15 Ac @ $695 . 00/Ac $12, 614 .25
TOTAL FEES AND CHARGES $187, 558 .22
(15) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No. 21
Zone District R-1/UGM
' Subdivision Agreement
Tract No. 3996/'Beachclub'
Page 8
20 .33 Ac @ $1,388 . 00/Ac = $28,218 . 04
Less $1,249 . 53 not deferred by a
Recorded Early Issuance of Building
Permit Agreement for Lots 73 through 76
inclusive $26, 968 . 51\
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No. 1
Zone District R-1/UGM
20 . 83 Ac @ $1, 102 .00/Ac - $22 , 403 . 66
Less $992 . 07 not deferred by a
Recorded Early Issuance of Building
Permit Agreement for Lots 73 through 76
inclusive $21,411. 59
(c) Fire Hydrant Reimbursement
5 F.H. @ $300 . 00/F.H. $1, 500.00
Future Reimbursements shall be made in accordance with
Section 14-107. 1b 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
f
Subdivision Agreement
Tract No . 3996/ 'Beachclub'
Page 9
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
Seventy-Seven Thousand Seven Hundred and 00/100 Dollars
($577, 700 . 00) , which is equal to 100% of the total estimated cost of
the work requixed. Five percent (5%) of said amount , Twenty-Eight
Thousand Eight Hundred Eighty-Five and 00/100 Dollars ($28, 885 .00) ,
shall be cash or a Certificate of Deposit; the remaining 95%, Five
Hundred Forty-Eight Thousand Eight Hundred Fifteen and 00/100 Dollars
($548, 815 . 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 Two Hundred Eighty-Eight
Thousand Eight Hundred Fifty and 00/100 Dollars ($288,850 .00) , which
is equal to 50% of the total estimated cost of the work required to
secure payment to all contractors and subcontractors performing work
on said improvements and all persons furnishing labor, materials or
equipment to them for said improvements .
Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the
City.
c. Performance security - in the sum of Ten Thousand Forty-Eight
and 00/100 Dollars ($10, 048. 00) , which is equal to 100% of the total
estimated cost of street tree planting and maintenance required. One
hundred percent (100%) of said amount shall be cash or a Certificate
of Deposit, all to be conditioned upon the faithful performance of
this agreement .
d. Performance security in the sum of $Six Thousand Five
Hundred and 00/100 Dollas ($6, 500 . 00) which is equal to 100% of the
total estimated cost of preparing required traffic signal plans .
Security shall be cash or a Certificate of Deposit, all to be
conditioned upon the faithful performance in accordance with this
agreement .
e. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016.
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 10
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 Eighty-Eight and 50/100 Dollars ($8,388 . 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 .
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
Subdivision Agreement
Tract No. 3996/ ' Beachclub'
Page 11
subcontractors, while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one (1) year from the date
of acceptance of the work.
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 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 .
Subdivision Agreement
Tract No . 3996/'Beachclub'
Page 12
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.
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 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.
17. 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
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 13
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
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 14
Engineer, such notice may be mailed to the Subdivider at his address on
file with the City Engineer. If, within twenty-four (24) hours after
such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not
have commenced to maintain adequate dust control or shall at any time
thereafter fail to maintain adequate dust control,. the City Engineer may,
without further notice of any kind, cause any such street or streets to
be sprinkled or oiled, as he may deem advisable to eliminate the
scattering of dust, by equipment and personnel of City or by contract as
the City Engineer shall determine, and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor, the entire cost to City
of such sprinkling or oiling. When the surfacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway
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. 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.
21. 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.
f �
Subdivision Agreement
Tract No. 3996/ 'Beachclub'
Page 15
22 . 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
GRUPE DEVELOPMENT COMPANY-
MARVIN D. JOHNSON NORTHERN CALIFORNIA,
PUBLIC WOR IRECTOR a Calif nia Corporation
By
dawo�
Robert A. Christofferson
ATTES Director of Development
JACQUELINE L. RYLE
CI CLERK a
G
By 'hL
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
CITY ATTO --- ---- --
Hy
STATE OF CALIFORNIA
COUNTY OF FRESNO Iss.
on NOVEMBER 8, 1989 before me,the undersigned,a Notary Public in and for
i=
LR:my `� said State,personally appeared ROBERT A. CHRISTOFFERSON
3872D/580
Revised 11/07/8 personally known to me(or proved to me on the
c basis of satisfactory evidence)to be the persons who executed the within instrument as DIRECTOR OF
LLE DEVELOPMENT GRUPE
on behalf of
c v DEVELOPMENT COMPANY—NORTHERN CALIF.
S ; the corporation therein named,and acknowledged to me that 01FIM I SEAL
such corporation executed the within instrument pursuant to Its CATHY A. GRAY
by-laws or a resolution of its board of directors. a NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
WITNESS my hand and official seal. FRESNO COUNTY
N Mf Commiuion Expires Jury 5, 1991
0
Signature __ (This area for official notarial seaq
EXHIBIT "A"
1985 EDITION 10.101.10.201
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.The chief and his authorized representatives,as may be in charge
at the scene of a fire or other emergency involving the protection of life and/or
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 fires. 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 such
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
property in the vicinity thereof.
Interference with Fire Department
Sec.10.102.Any person who obstructs the operations of the fire department in
connection with extinguishing any fire. or other emergency. or disobeys any
lawful command of the chief or officer of the fire department who may be in
charge at such a scene,or any part thereof.or any police officer assisting the fire
department.shalt be guilty of a misdemeanor.
Authority to Barricade
Sec. 10.103.The 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 street, alley. place or private property in the
vicinity of such operation so as to prevent accident or interference with the lawful
efforts of the fire department to manage and control the situation and to handle
fire apparatus.
Division II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.No person shalt molest,tamper with,damage or otherwise disturb
39
• 10.201-10.206 UNIFORM FIRE CODE
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 fire appliance is removed as herein permitted, it shall be
replaced or reinstalled as soon as the purpose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.203. No person shall use or operate any hydrant or other valves
installed on any water system intended for use by the chief for fire suppression
purposes and which is accessible to any public highway,alley or private way open
to or generally used by the public,unless such person first secures a permit for use
from the chief.This section does not apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other valves.
Tampering with Barricades,etc.
Sec. 10.204.No person,except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove,unlock,destroy.
tamper with or otherwise molest in any manner any lock,gate,door.barricade,
chain,enclosure,sign, 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)lir"passing.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.
Obstruction of Fire Protection Equipment
See. 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
40
. (2)
1985 EDITION 10.208-10.207
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.
Fire Apparatus Access Roads t
Sec. 10.207. (a)General. Fire apparatus access roads shall 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 more than 150 feet from fire department vehicle access.
a
EXCEPTIONS: 1.When conditions prevent the installation of an approved fire
apparatus access road, the chief may permit the installation of a fire-protection
system or systems in lieu of a road,provided the system or systems are not otherwise
required by this or any other code.
2.When there are not more 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,f ire-fighting or rescue operations would not be impaired.
(c)Permissible Modifications.Clearances or widths required by this section
may be increased when, in the opinion of the chief, minimum clearances or
widths are not adequate to provide fire apparatus access.For high-piled combusti-
ble storage,see Section 81.109.
(d)Surface.Fire apparatus access roads 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.
(e)Width.The minimum unobstructed width of a fire apparatus access road
shall be not less than 20 feet.
(f) Vertical Clearance. All fire apparatus access roads shall have an unob-
structed vertical clearance 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 signs are installed
and maintained indicating the established vertical clearance.
(g)71urning Radius.The turning radius of a fire apparatus access road shall be
as approved by the chief.
(h)71urnarounds.All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the turning around of
fire apparatus. ,
(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 not exceed the
maximum approved by the chief.
(k)Obstruction.The required width of any fire apparatus access road shall not
be obstructed in any manner, including parking of vehicles. Minimum required
41
(3)
10.207-10.301 UNIFORM FIRE CODE
. 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
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.
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 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
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.
Such devices or appliances may consist of automatic fire alarm systems,automat-
ic sprinkler or water spray systems, standpipe and hose. fixed or portable fire
extinguishers, suitable asbestos blankets, breathing apparatus,manual or auto-
matic covers. carbon dioxide. foam. halogenated and dry chemical or other
special fine-extinguishing systems.Where such systems are installed.they shall
be in accordance with the applicable Uniform Fue Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
42
(4)
t
1985 EDITION 10.301-10.302
(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.
Water supply may consist of reservoirs,pressure tanks,elevated tanks,water
mains or other fixed system capable of supplying the required fire flow.In setting
the requirements for fire flow,the chief may be guided by the standard published
by the insurance Services Office, "Guide for Determination of Required Fre
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 to be protected as required and approved by the chief.
All hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
(d)Timing of Installation.When fire protection facilities 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.When 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-
extinguishing systems(including automatic sprinklers),wet and dry standpipes.
basement inlet pipes, and other fire-protection systems and pertinents thereto
shall meet the approval of the fire department as to installation and location and
shall be subject to such periodic tests as required by the chief. Plans and
specifications shall be submitted to the fire department for review and approval
prior to construction.
Maintenance
Sec.10.302.(a)General.All sprinkler systems,fire hydrant systems,stand-
pipe systems, fire alarm systems, portable fire extinguishers. smoke and heat
ventilators, smoke-removal systems and other fire-protective or 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 servicing shall be in accordance with recognized standards.
EXCEPTION:Systems not required by this or any other code need not be
extended,altered nor augmented.
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
43
(5)
•. Tract No. 3996 'Beachclub'
P.W. File No. 8821
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on December 23 19R,
in the office of the Fresno County Recorder in Book ,
Page Document No. 88142673 of which the
Deed of Trust in by and between GRUPE DEVELOPMENT COMPANY - NORTHERN CALIFORNIA
as Trustor, VEROUGO SERVICE CORPORATION, A CALIFORNIA CORPORATION , as Trustee,
and GUARANTEE SAVINGS, A DIVISION OF GLENDALE FEDERAI FSB , 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 �y
fi, c,-/. ,4�2�
W. A. Sloan, Vice President
Rosalinda Cantu, Asst. Secretary
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA
ss.
COUNTY OF FRESNO
On this 31st day of October in the year 19 89 .
hpinre me. the undersigned, a Notary Public in and for said State, personally appeared
•--- n—i.lnnr
STATE OF CALIFORNIA
COUNTY OF Fresno ss.
f
on this 6th November
day of
before me, the undersigned, a Notary Public in and for said State, in the year 1989
TRACY DEE M BASHAM Bantu Assistant Secre rarally appeared
NOTARY PUBLIC-CALIFORNIA (or proved to me on the basis of satisfactory evidence)to be the personally known to me
PRINCIPAL IN within instrument on behalf of the Corporation therein named, and acknowledged FRESNO COUNTY
person who executed the
My Commission Expires Dec.27,1991 the Corporation executed it. edged to me that
WITNESS my hand and official seal.
ACKNOWLEDGMENT—Corporation—Wotcotts Folin 222CA-x—qa_5.82 - T y Dee M. Basham
01982 woLcoTTs.INc. Notary Public in and for said State.
•. Tract No. 3996 'Beachclub'
P.W. File No. 8821 '
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on December 23 , 199_,
in the office of the Fresno County Recorder in Book ,
Page Document No. 88142673 of which the
Deed of Trust in by and between GRUPE DEVELOPMENT COMPANY - NORTHERN CALIFORNIA
as Trustor, VERDUGO SERVICE CORPORATION, A CALIFORNIA CORPORATION , as Trustee,
and GUARANTEE SAVINGS, A DIVISION OF GLENDALE FEDERAI FSB J. 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 �y
fi, CJ .
W. A. Sloan, Vice President
Rosalinda Cantu, Asst. Secretary
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA
ss.
COUNTY OF FRESNO
On this 31st day of October in the year 19 89 .
hafnre me. the undersigned, a Notary Public in and for said State, personally appeared
••--- D—irlont
lrr STATE OF CALIFORNIA
i! COUNTY OF Fresno )ss.
M
On this 6th
day of November
before me, the undersigned, a Notary Public in and for said State In the year 1989,
OFFICIAL SEALTRACY DEE Al RAMAN antu Assistant Secre araliy appeared
NOTARY PUBLIC•CALIFORNIA (or proved to me on the basis of satisfactory evidence)to be the Personally known to me
PRINCIPAL OFFICE IN within instrument on behalf of the Corporation therein named, and acknowledged
executed the
FRESNO COUNTY
My COmmrssion Expires Dee.27,1991 the Corporation executed it. to me that
WITNESS my hand and official seal.
ACKNOWLEDGMENT–Cllwahon–Wolcotls Form 222CA-x- T Y Dee t�, Ba.sham
®rOe2 wolcorrs,INc .s-ez Notary Public in and for said State.
Agreement
Tract No. 3996
Page 2
C. All such instruments of Subordination, if any, are attached
hereto and made a part of this instrument; and
D. The Developer intends to construct a residential development
on said property; and
E. The Land Owner has filed and the City has approved Tentative
Tract Map No. 3996 and Land Owner has also filed with the City a
final map for Tract Map No . 3996; and
F. Land Owner has filed and the Planning Commission has
approved a Conditional Use Permit No. 89-92 for a Planned
Development; and
G. Developer has filed building plans and has requested that
the City issue building permits for model homes on said property
(Lots : 73, 74 , 75 and 76 at addresses 10493, 10485, 10477 and 10475
North Camarillo Dirve respectively) ; and
H. The City is unwilling to permit such construction or inspect
same without assurance that no vested rights or entitlements will be
conferred by the issuance of this early construction permit or by
the acceptance of such construction upon inspection.
I . The Owner/Developer acknowledges that such improvements will
be accepted by the City only if they comply with all applicable City
standards, codes, and ordinances, provided, in no case shall
acceptance of such improvements be complete until approval of the
final map by the Fresno City Council .
Agreement
Tract No. 3996
Page 3
J. Owner/Developer understands and acknowledges that the
improvements described herein shall be subject to acceptance or
rejection by the City upon inspection thereof, and upon the terms
and conditions contained herein.
R. It is extremely important to Land Owner and the Developer
that the building permits be issued as soon as possible; and
L. The action on the Final Tract Map No. 3996 by the Council of
the City of Fresno is not expected to be finalized for up to sixty
(60) days .
In consideration of the foregoing, the issuance of said permits
and the promises and covenants herein contained, the undersigned
agree:
1. Should the City of Fresno fail to approve the final tract
map for the described property for any reason within sixty (60) days
of the execution of this Agreement, then the Land Owner and
Developer shall, within ten (10) days after written notice from the
Director of the Development Department of the City of Fresno, remove
from said property any improvements or construction placed or
constructed pursuant to said building permits issued for model
homes; and Land Owner and Developer shall restore said property to
its prior condition.
2 . Should the Land Owner and Developer fail to comply with the
provisions of Paragraph 1 above, the City of Fresno, or any of its
duly authorized officers, employees or agents, are unconditionally
permitted to enter upon said property and accomplish such removal
and restore said property to its prior condition.
Agreement
Tract No . 3996
Page 4
3 . Should the City of Fresno cause such removal under the
provisions of Paragraph 2 hereof, the Land Owner and Developer shall
hold harmless and defend the City, its officers , employees and
agents from any claims, lawsuits, costs, liability, damages or
expenses, including costs of suit and fees and expenses for legal
services, on account of any damages claimed by any reason to have
occurred by reason of such removal .
4 . To assure the promises herein contained, the Land
Owner/Developer shall deliver to the City of Fresno the sum of
$1.000 . 00 per model home for a total amount of $4 , 000 . 00 evidenced
by cash or a Certificate of Deposit made payable to the City of
Fresno. This deposit may be used by the City to defray all or part
of the costs and expenses of removal with any balance to be returned
to the Land Owner/Developer . After the action by the City approving
the final tract map has become final, the deposit will be returned
to the Land Owner/Developer.
5. Any costs and expenses of removal exceeding the above stated
amount of security, which are stated in writing with a description
of said property by an officer of the City, and recorded in the
County Recorder ' s Office, shall be a lien on said property and
appurtenances running in favor of the City of Fresno .
6 . The obligations of the Owner and the Developer provided in
this Agreement are joint and several.
Agreement
Tract No . 3996
Page 5
7. This Agreement shall in no way whatsoever be construed as
the granting by the City of any rights to the Owner/Developer to
trespass upon land rightfully in the possession of, or owned by,
another, whether such land be privately or publicly owned.
B . The Land Owner/Developer has remitted those development fees
due as a condition of approval of this Agreement as follows :
Major Facilities Fees
4 @ $200/unit $800 . 00
9 . No vested rights or entitlements are conferred by the
issuance of this early construction permit or by acceptance of any
improvements constructed thereunder.
10 . Land Owner/Developer agrees to indemnify, defend, and hold
the City, its officers, employees, and agents harmless from any
claims, damages, liabilities or costs whatsoever arising out of the
performance of this agreement .
11. The foregoing shall : burden the property described and
constitute a covenant running with the land in favor of and for the
benefit of the City of Fresno and its property: be enforceable by
the City by any legal or equitable means; and shall be binding upon
the successor, assigns, transferees, and heirs of Land Owner. In
the event that the action by the City approving the final tract map
is finalized, the foregoing deposit shall be returned to the Land
Agreement
Tract No. 3996
Page 6
Owner/Developer and this covenant shall be of no further force and
effect .
DATED this (off' day of Mot`r2igl6 r t9$1 at Fresno,
California .
Accepted By: LAND OWNER
CITY OF FRESNO
A Municipal or tion GRUPE DEVELOPMENT COMPANY -
r NORTHERN CALIFORNIA, a
9y Calif rnia Corporation
Alvin S is, Acting Director e&r /►
Agv'-
Development Department �l
ROBERT A. CHRISTOFFERSON
Director of Development
ON
DEVELOPER
APPROVED AS TO FORM: NEWCITY CORPORATION, a California
WiToTation
HARVEY WALLACE Le
City Attorn
Deputy
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA
COUNTY OF Fresno SS.
On this 24th day of --OCtober , in the year
1989 before me, the undersigned, a Notary Public in
and for said County and State, personalIN appeared
Dona l d ';- Pi a _ personally known
to me (or proved to me on the basis of sdusfdctory evidence)to be the
President, and
z
O
s personally known to me (or proved to me on the basis of satisfactory OFtC,AL SEAL.
O evidence) to be W' '
WEN M.
R0 ERTS
to Secretary of the corporation that executed the within Instrument, andARY PUBLIC-CALIFORNIA
Fu acknowledged to me that such corporation executed the within instru. OTARY BOND FILED IN
F ment pursuant to Its s o a resolution of its board of directors. FRESNO COUNTY
p ssion Expires January 8.19!33
� t
t
�! Signature
v a�trAWN M-
ROBERTS
Name (Typed or Printed)
Notar ublic in and for said County and State
F 2467 R 11/82 (This area for official notarial seal)
a
)
STATE OF CALIFORNIA FRESNO )ss.
COUNTY OF I
On OCTOBER 25, 1989 before me,the undersigned,a Notary Public in and for
said State,personally appeared ROBERT A. CHRISTOFFERSON and
Epersonally known to me(or proved to me on the
basis of satisfactory evidence)to be the persons who executed the within instrument as DIRECTOR OF
LL E DEVELOPMENT President and Secretary,on behalf of GRUPE
c 8 DEVELOPMENT COMPANY—NORTHERN CALIF.
u
the corporation therein named,and acknowledged to me that OFFICIAL SEAL
w suchcorporationexecuted the within instrument pursuanttoits CATHY A. GRAY
cg C NOTARY PUBLIC-CALIFORNIA
by-laws or a resolution of its board of directors. PRINCIPAL OFFICE IN
WITNESS m hand and official seal. FRESNO COUNTY
m
y �� Mg Commission Expires July 5, 1991
N
Signature (This area for official notarial seal)
r�
l
C
Agreement
Tract No. 3996
Page 7
STATE OF CALIFORNIA )
ss .
COUNTY OF FRESNO } . 1
On this day, of _ No� in the year L-199 ,
before me dSala , personally
appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be
the person who executed this instrument as Acting Director of the
Development Department and acknowledged to me that the City of
Fresno executed it .
JQUELIN E, CMC
City Cle
8
('6eputf—i
LR:dk
3737D/578
EXHIBIT 'A"
The real property referred to in this Agreement is situated in the
City of Fresno, County of Fresno, State of California, and is
described as follows :
A portion of Section 15, Township 12 South, Range 20 East, Mount
Diablo Base and Meridian, in the City of Fresno, County of Fresno,
State of California,
TOGETHER WITH a portion of Outlot "A" of Tract 3799, "Mariner ' s
Pointe" according to the map thereof recorded in Volume 45 of Plats
at Pages 9 and 10, Fresno County Records, described as follows:
BEGINNING at the Southeast corner of Lot 26 of Tract 3989 ,
"Americana Shores" , according to the map thereof recorded in Volume
47 of Plats at Pages 50 through 52, Fresno County Records; said
point being on the Westerly right-of-way line North Westshore Drive
as shown on Tract 3879 , according to the map thereof recorded in
Volume 46 of Plats at Pages 62 through 65, Fresno County Records,
said Westerly right-of-way line of North Westshore Drive being also
shown on Tract 3799, "Mariner 's Pointe" according to the map
thereof recorded in Volume 45 of Plats at Pages 9 and 10, Fresno
County Records; said point being on a curve concave Southeasterly
with a radius of 823 . 00 feet (a radial through said point bears
North 41' 29 ' 47" West) ; thence Southerly, along the Westerly
right-of-way line of said North Westshore Drive, the following
courses : Southwesterly along said curve through a central angle of
570 28 ' 13" and an arc length of 825 . 51 feet to the point of
tangency; thence South 080 58 ' 00" East, a distance of 297 . 89 feet
to the point of curvature of a curve concave to the West with a
radius of 977 . 00 feet; thence Southerly along said curve through a
central angle of 180 49 ' 20" and an arc length of 320 . 95 feet;
thence North 830 56 ' 40" West, a distance of 564 .79 feet to a point
on the East right-of-way line of North Friant Road; thence North
050 11 ' 22" East, along the Easterly right-of-way line of said
North Friant Road, a distance of 522 .42 feet; thence South
83" 56 ' 40" East, a distance of 175 . 00 feet; thence North
05' 11 ' 22" East, a distance of 245. 00 feet; thence North
83" 56 ' 40" West, a distance of 175 .00 feet to a point on the
Easterly right-of-way line of said North Friant Road; thence North
05' 11 ' 22" East, along the Easterly right-of-way line of said
North Friant Road, a distance of 22 .00 feet to the non-tangent
point of curvature of a curve concave Southeasterly with a radius
of 1914 . 00 feet (a radial through said point bears North
84" 47 ' 52" West) ; thence Northeasterly along said curve through a
central angle of 280 49 ' 00" and an arc length of 962 . 64 feet to
the Southwest corner of Lot 37 of said Tract 3989; thence South
45' 42 ' 35" East, along the Southwesterly line of said Tract 3989,
a distance of 550 .76 feet to the POINT OF BEGINNING.
LR:dk
3737D/578