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HomeMy WebLinkAboutT-4104 - Agreement/Covenant - 6/27/2006 N,• r P. W. File No. 8935 Public Works Department UGM No. 348 City of Fresno SUBDIVISION AGREEMENT Tract No. 4104 A Planned Development 'Granville Estates ' THIS AGREEMENT is made this 20TH day of 1989, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and Asemi and Sons, Inc. , 1320 West Herndon Avenue, Suite 102, Fresno, California 93711, 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. 4104, a Planned Development, 'Granville 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 specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. a i Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 2 2 . The Subdivider 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 subordination, if any, are attached hereto and made a part of this instrument . 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 th% 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: r 41 Subdivision Agreement Tract No . 4104 , 'Granville Estates ' Page 3 6 . The Subdivider shall perform the work and improvements hereinafter specified on or before January 31, 1991, except the sidewalk and driveway approach construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract 4104 but no later 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. Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 4 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 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 f Subdivision Agreement Tract No . 4104, 'Granville Estates ' Page 5 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. The Subdivider is required to install State Standard "No Parking Anytime" Signs at the following locations : East Teague, south side, from the west limits of the tract to North Cedar Avenue North Cedar Avenue, west side, from south the limits of the tract to East Teague Avenue All 40 foot streets on one side prior to occupancy of any dwelling in a neighborhood block where parking is to be prohibited. Spacing shall not exceed 150 feet depending on locations of intersections and electroliers . The exact locations shall be submitted to and approved by the City Traffic Engineer prior to intallation of sidewalk on the affected streets . Security for these sign installations is included in the performance security, based on the contingency portion of the total estimated cost of the improvements . i . As a condition of final map approval the developer is required to install landscaping and an irrigation system in a (10)-foot landscape easement along North Cedar Avenue and Teague Avenue frontages and the median island in North Eleventh Street 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. j . 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 Two Thousand Six Hundred Twenty-Four and 00/100 Dollars ($2, 624 . 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 i Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 6 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. k. Perform and construct all work shown on the attached plans (City Drawing Nos . 10-C-5621 through 10-C-5632 , with Water Job No . 3794 (12 sheets) , inclusive, 15-C-7121 through 15-C-7135 (15 sheets) , inclusive; Fresno Metropolitan Flood Control District Drawing Nos . C%-19-1 through C%-19-2 (2 sheets) , inclusive) , unless specifically omitted herein. 1. 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. M. The Subdivider has deposited with the City the sum of Two Hundred Fifty Thousand Five Hundred Seventy-One and 50/100 Dollars ($250, 571. 50) for the following: (1) Inspection Fees - $29, 017. 56 Less $9, 536. 96 $19,480. 60 Paid with Early Sewer and Water Construction Agreement (2) Monument Check Fee 208 Lots @ $30 .00/Lot $6,240. 00 (3) Intersection Signing, 14 @ $150 . 00 $2, 100 .00 (4) Traffic Regulatory Signing, 3 @ $38 .00 $114 .00 (5) Street Trees, 246 @ $87. 00 $21,402 .00 Street Tree Inspection Fee 41 Trees @ $23 . 00 ea . $943 . 00 (6) UGM Fire Station Fee; (Service Area No. 13; Zone District R-1/UGM) 39 .93 Ac @ $251.00/Ac $10,022 .43 (7) Sanitary Sewer Fees $3,250 .00 — (a) Lateral Charge 650 LF @ $5 . 00/LF $3 , 250 . 00 (Note: Major Facilities Fee is to be paid at time of development. ) Total Sewer Charges $3 , 250 . 00 Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 7 (8) Water Charges $129,437 . 17 (a) Tap Charge (Service Connections) 205-1" meters @ $170 .00/Ea $34 , 850 .00 Lots 17, 26 & 148 3-1 1/2" meters @ $300 .00/Ea $900 .00 (b) Frontage 2,391.27 LF @ $6 .00/LF $14, 347 . 62 (c) Fire Hydrant Charge (Zone District R-1/UGM) 1,280, 180 .00/SF @ $.75/100 SF $9, 601.35 (d) Transmission Grid Main (UGM Reimbursement Area No. A) 39 .93 Ac @ $440 . 00/Ac $17, 569 .20 (e) UGM Well Development Charge (Supply Well No. 101-S) 39 .93 Ac @ $1,300 . 00/Ac $51, 909 .00 (f) Water Construction Charge 208 Lots @ $1.25/Lot $260 . 00 Total Water Charges $129 . 437. 17 (9) UGM Major Street Charge; (Zone E-1) 37 . 10 Ac @ $1, 680.00/Ac $62,328 . 00 $5, 987. 50 Less Major Street Credit [$56, 340 . 50] Net Major Street Charge $5, 987. 50 (for this zone) (10) UGM Traffic Signal Charge, 37 . 10 Ac @ $175 .00/Ac $31,906 .00 $24 , 836 . 00 Less Traffic Signal Credit [$7, 070 .00] Net Traffic Signal Charge $24, 836 .00 (11) UGM At-Grade Railroad Crossing Fee Service $14, 988 .40 Area Acres Fee Rate Fee A-D 37 . 10 Ac @ $236.00 Ac $8, 755 . 60 E-1-A 37 . 10 Ac @ $168.00 Ac $6, 232 . 80 Total UGM At-Grade RR Xing Fees $14 . 988 . 40 Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 8 (12) Landscape Maintenance District Fee $11, 770 .40 TOTAL FEES AND CHARGES $250 . 571. 50 (13) Fee Deferrals-Present Credits-Future Reimbursements (a) UGM Neighborhood Park Fee Deferred by Covenant Service Area No. 1 Zone District R-1/UGM 39 .93 Ac @ $1, 102 . 00/Ac $44 , 002 . 86 (b) Sanitary Sewer Oversize Charge Present Credit-Future Reimbursement 39 .93 Ac @ $240. 00/Ac $9, 083 .20 Less Oversize Credits Net Charge $0 Paid with AD 98 Future Reimbursements shall be made in accordance with Section 9-503 .2 of the Fresno Municipal Code (UGM Reimbursement Area No . 3) (c) UGM Major Street Charge Present Credit-Future Reimbursement Zone E-1 37. 10 Ac @ $1, 680. 00/Ac $62 ,328 .00 Less Major Street Credit [$56,340 . 50) Net Charge $5, 987 .50 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code (d) UGM Major Street Bridge Charge Present Credit-Future Reinbursement Zone E-1 37. 10 Ac @ $175.00/Ac $6,492 . 50 Less Major Street Credit [$25, 575 .00] Net Charge $0 Paid with Credit Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code Subdivision Agreement Tract No . 4104 , 'Granville Estates ' Page 9 (e) UGM Traffic Signal Charges Present Credit-Future Reinbursement 37. 10 Ac @ $860 . 00/Ac $31, 906 . 00 Less Signal Credit [$7, 070 . 00] Net Charge $24 , 836 . 00 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code (f) Fire Hydrant Reimbursement 12 F.H. @ $300 .00/F.H. $3, 600. 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. 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. t Subdivision Agreement Tract No . 4104 , 'Granville Estates ' Page 10 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 Fifty-Seven Thousand and 00/100 Dollars ($957, 000 . 00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Forty-Seven Thousand Eight Hundred Fifty and 00/100 Dollars ($47, 850 . 00) , shall be cash or a Certificate of Deposit; the remaining 95%, Nine Hundred Nine Thousand One Hundred Fifty and 00/100 Dollars ($909 , 150 . 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 Seventy-Eight Thousand Five Hundred and 00/100 Dollars ($478, 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. Performance security in the sum of Two Thousand Six Hundred Twenty-Four and 00/100 Dollars ($2, 624 . 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. 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 Two Hundred Eighty-Five and 00/100 Dollars ($10,285 .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 Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 11 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 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 Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 12 therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 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 . 4104 , 'Granville Estates ' Page 13 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. 20. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of Subdivision Agreement Tract No. 4104, 'Granville Estates ' Page 14 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 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 Subdivision Agreement Tract No. 4104 , 'Granville Estates ' Page 15 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. 4104 , 'Granville Estates ' Page 16 CITY OF FRESNO, SUBDIVIDER a Municipal Corporation ASEMI AND SO S, INC. MARVIN D. JOHNSON a C rni orp ration PUBLIC WORFS IRECTOR *,0111 4W WN Far' A emi, President ATTEST: JACQUEVTNE L. R CITX CLER� By DepiiV APPROVED AS .TO FORM: HARVEY WALLACE CITY ATTO NEY (Attach Notary Acknowledgment) LR:mv 4287D/588 �s STATE OF CALIFORNIA On this.......�.....:.......day of........P ?m...P................in the year UI3'1'Y OFR,e r,�no �' ...............l.`�.�;Jas...............................................,before me, ... ...................... n?v ✓A ,j}�!rens ENs.fv �R............. .....y....,a Notary Public,State of California, dulylicensed and sworn,personally appeared.................................. .................... 6107 l................................. of""AL SLAL personally known to me(or proved to me on the basis of" isfacto Yevii�ence) I Lar lOQB Cat 3fic� Ensey to be the person who executed the within instrument as....(.'P•t1. 4: ...... NOTi.RY PUCLK;•r, IC ;- PRINCIPAL o4 # or on behalf of the corporation therein named and acknowledged to me that f RE W CGuru?'r ► such corporation executed the within instrument pursuant to its by-laws or a My Commission Exp:es Apr.23,1990 resolution of its board of directors. IN WITNESS WHEREOF Iave4eunto set my hand and affixed r aY official seal in ....:....:.......County of..1.:c J. O...... rvOftw!dtry's ............................ .....on the date set forth above in this certificate. 0rip a h I01c i Mt MA*ft 1!mt Imm M N'ow towwacw%Form No.28—Acknowledgement to Notary Public— Notary Public,State of daiifomia Corporation(C.C.Sees.1190-1190-1)—(Rev. 1183) My commission expires 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 See.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,shall be guilty of a misdemeanor. Authority to Barricade See. 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 11 GENERAL PROVISIONS Tampering with Fire Equipment Sec 10.201,No person shall molest,tamperwith,damage or otherwise disturb 19 (1) 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,tamperwith 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 fm department or by its order or under its control. Closure of Roads or Trails Sec.10.205.(a)General.The chief may install one or more gates,cables or other barricades and securely lock the same to prevent the use by unauthorized persons of any road that is not a public highway and over which the fire department has the right to pass, whether by easement, license, municipal ownership or otherwise, for purposes relating to fire prevention or control. provided such action does not preclude the authorized users of such road or trail from using the same. (b)Trespassing.No person,except a public officer acting within the scope of his public duties,shall trespass upon any road or trail which has been closed and obstructed in the manner authorized by this section without the express permis- sion of the chief, nor shall any person park any vehicle so as to obstruct the entrance to such road or trail. Obstruction of Fire Protection Equipment Sec.10.206.No person shall place or keep any post,fence,vehicle,growth, trash,storage or other material or thing near any fire hydrant, fire department connection or fire protection system control valve that would prevent such equipment or hydrant from being immediately discernible or in any other manner 40 (2) 1985 EDITION 10.206-10.207 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 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. 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,fire-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)lhrning Radius.The turning radius of a fae apparatus access road shall be as approved by the chief. (h)Turnarounds.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. l0-1. (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 f ire 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 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. 42 (4) 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 Fire Flow.' The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises 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) STATE OF CALIFORNIA ' SS. COUNTY OF �IQQ D • PL ¢.v 0 On this y'L day of in the year r3 , before me, the undersigned, a Notary Public in and for said Cunty and State,personally appeared 00-t,..I e, rn 2 f,e/c- personally known to me (or proved to me on the basis of satisfactory 2 evidence) to bg the nelson whose name -s subscribed to the within instrument and acknowledged that h 2 executed the same. mona Ennvl I�r" �NOT'AY Plj5' i �:+ iFORiJiA�; Signature '' .``�izeG'y`�— C GLt1't �. -< �y 1t-a-�`7 �v _;,� �R��idr, i J Wry �► • I ✓ „iy COc-c,ra FA Name (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA SS. COUNTY OF On this 4 day of 1)ece rrl-6 ein the year CL 14�F , before me, the undersigned,a Notary Public in • and for sai County and State, pers nally appeared e>n.S e H e P�a� Irl esp personally known to me (or proved to me on the basis of satisfactory /f ,.0'1� „� ; _ r �y c evidence) to be the person whose name �� �” ` l� ,; tF( Rid;q�} subscribed to the within instrument and ...,/ " c I N I4 acknowledged that She executed the ,Comm SJ i liNTy �y same. Signature CL AIA ,L4 e� 410, Name (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA 7 SS. COUNTY OF r R es ,v a 1 On this • _ 4� day of 2"Cf l bA<- , in the year CL /`!PF , before me, the undersigned, a Notary Public in N and for said County and State,personally )peared 1' Lnsey personally known to me (or proved to me on the basis of satisfactory - ;��f c. ;IFC�'tN1A c evidence) to be the person whose name �:r- f','! �s subscribed to the within instrument and > M,1990 = acknowledged that SA e- executed the 11 same. r Signature L0 Utz Si gn nn . CL i4 Name (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA COUNTY OF F2GfAiO SS. S On this day of Pyr^ b��- in the year n _ 9��, before me, the undersigned, a Notary Public in Go d and for id ounty and State, personally appeared _ jY)t3deAel �/� /J1RR)Neite �,fe7re MrsP p 11 _ cFF!Cv.� KAL --rine tney Lam-Ina Cat. Z ,j personally known to me (or proved to me on the basis of satisfactory <I �,f N:0T,'.RY RJOU, ( �LIFORNIA _ P,[INCIPAL CFFICE evidence) to be the person whose name +. `;. �t IN 0 o FRESNO COUNTY a S subscribed to the within instrument and {) �''£'�' _ _ 41y Comm!sna�Er.pirzs Apr.20,1930 W = acknowledged that t�i L executed the J same. psignature u a .�J9 /Pt-0 d k e/4-1 �t rC Iy e. �,(IS e✓ aName (Typed or Printed) Notary Public in and for said County and State F.2492 R.11/82 FOR NOTARY SEAL OR STAMP r Tract No. 4104, 'Granville Estates ' P.W. File No. 8935 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on NOVEMBER 2, 1989 , in the office of the Fresno County Recorder in Book --------------- Page ------- Document No. 89-120680 of which the Deed of Trust in by and between ASEMI & SONS, INC. , A CA. , CORP. as Trustor, CENTRAL TITLE CO. , A CA. , CORP , as Trustee, and SEE EXHIBIT "A" ATTACHED 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: 12-4 19 89 AUL P MESPLE D �I E H E t ESPLE_ RENEE ENRIETTA LAQUERR RE E 1 LR:mv MARINETT�,.TTE MESPLE � EINE 4286D/588 as Trustee of The Testamentary Trust under The Last Will and Testament of Henry Raymond Mesple aka Henry Mesple 1 1 r' EXHIBIT "A" BENEFICIARIES: MADELEINE MARIENETTE JOSETTE MESPLE, also known as Madeleine Clement Mesple, as Trustee of the Testamentary Trust under the Last Will and Testament of Henry Raymond Mesple aka Henry Mesple, Deceased, as to an undivided -� interest; PAUL P. MESPLE, a Married Man as his sole and separate property, as to an undivided 4 interest; DENISE HELENE MESPLE, an Unmarried Woman as to an undivided 1/8 interest; and RENEE HENRIETTA LAQUERRIERE, a Married Woman as her sole and seperate property as to an undivided 1/8 interest.