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HomeMy WebLinkAboutT-4142 - Agreement/Covenant - 7/5/2006 r P. W. File No. 8939 Public Works Department UGM No. 374 City of Fresno SUBDIVISION AGREEMENT Tract No. 4142 THIS AGREEMENT is made this /Zld day of 1990, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and LESLIE P. BUSICR, Trustee of that certain Trust Agreement dated June 11, 1974, P. 0. Boa 4150, Incline Village, Nevada, 89450, 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. 4142, 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. Subdivision Agreement r Tract No . 4142 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. 4 . 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. 5. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. 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 Subdivision Agreement Tract No. 4142 Page 3 understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 6. The Subdivider shall perform the work and improvements hereinafter specified on or before August 31, 1991, except the sidewalk construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract No. 4142 but no later than August 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 (UFC) . The Subdivider' s attention is particularly called to UFC Sections 10.207(a) , 10 .301(c) , 10.301(d) and 10.301(e) shown in Exhibit "A" attached hereto and hereby made a part of this Agreement. No occupancy permit shall be issued until an approved "all weather" street frontage and access is constructed. The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. when a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be 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 , Subdivision Agreement Tract No. 4142 Page 4 notice of his determination in writing, which shall be final and conclusive. 7. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards" , adopted September 11, 1984, by Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing . 8 . The work and improvements are as follows: a. Construct all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider ' s engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider' s attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete 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. Subdivision Agreement Tract No . 4142 Page 5 e. Lot drainage shall be in accordance with Section 13-120. 7012 of the Fresno Municipal Code. f . All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with City Standards within seven (7) days from the time said streets are surfaced, or as directed by the City Engineer. g . Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with City Standards within seven (7) days from the time said basins become operational, or as directed by the City Engineer . h. Wet-Ties shall be in accordance with Estimate No . E-10363 . The amounts identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess . Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i . As a condition of final map approval, the developer is required to submit plans and profiles for sewer, storm sewer, sewer lift station with force main, water, street, street safety lighting, landscaped/irrigation system and streetlighting . Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the developer has posted security in the amounts of Seven Thousand and 00/100 Dollars (7, 000 . 00) for sewer lift station and force main construction and Forty-Six Thousand and 00/100 Dollars (46,000. 00) for the required street, safety lighting and streetlighting improvement plans to be approved by the City. The developer agrees that, in the event the required plans have not been submitted by the developer to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the securities posted to cause the preparation of the required sewer, storm sewer, sewer lift station with force main, water, street, street safety lighting, and streetlighting plans . j . The Subdivider is required to demolish the temporary sewage lift station and abandon the eight inch force main when the Grantland Avenue Trunk Sewer is constructed. The demolition and abandonment shall include payment of City abandonment permit fees and compliance with City requirements not limited to but including : Abandon eight inch force main, clean out manholes , sewer main, remove surface f Subdivision Agreement Tract No. 4142 Page 6 structures of lift station, remove driveway approach, removal of sewer pumps and appurtenances, wet and dry walls; backfill and abandon all electrical services; abandon water service. Concurrently the subdivider is then required to provide permanent sanitary sewer service with the extension of the sanitary sewer main at the southwest boundary of the tract in West Sierra Avenue to future Grantland Trunk Sewer. The Subdivider shall design for the installation of a gravity flow sanitary sewer main extension at West Sierra Avenue to the planned Grantland Expressway at the point of connection to the Grantland Avenue Trunk Sewer pipeline. The developer has posted security in the amount of Ninety-Two Thousand Four hundred and 00/100 Dollars ($92,400.00) to insure for these provisions . The developer agrees that in the event that he fails to comply with the provision of demolition and abandonment of the temporary sewage lift station, force main and the extension of the permanent gravity flow sanitary sewer main when the Grantland Avenue Trunk Sewer is constructed, the City shall use the securities posted to cause for these provisions to be completed. k. 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 the North Polk Avenue frontage of the subdivision. The Subdivider has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Subdivider also agrees to sign a petition asking the Council to include this Tract in the existing District . Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the developer has posted security in the amount of Three Thousand and 00/100 Dollars ($3, 000 . 00) with the City guaranteeing the preparation of the detailed landscaping/irrigation and well plans for the required landscaping along the North Polk Avenue frontage of the subdivision to be approved by the City. The developer agrees that in the event the required plans have not been submitted by the developer to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required landscaping/irrigation and well plans. Prior to planting any street trees in the subdivision, the Subdivider agrees to submit a detailed landscaping plan for the above named landscape easement of the 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. Subdivision Agreement Tract No . 4142 Page 7 1 . Perform and construct all work shown on the attached plans (City Drawing Nos . 10-C-5775 through 10-C-5793 with Water Job No. 3853 (19 sheets) inclusive, 15-C-7297 through 15-C-7318 (22 sheets) , inclusive, Street Light Plans No . 4-C-131 through 4-C-132 (2 sheets inclusive and Fresno Metropolitan Flood Control District No . EG-4-1 through EG-4-4 (4 sheets) inclusive) , unless specifically omitted herein. M. 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 . n. The Subdivider has deposited with the City the sum of Two ?'- '�'-Hundred Fifteen Thousand Four Hundred Seventy and 95/100 Dollars ($215 , 470 . 95) for the following : (1) Inspection Fees = $56 , 550 . 54 Less $19 , 853 . 88 $36, 696 . 66 paid with Early Sewer, Storm Sewer and Water Construction Agreement (2) Monument Check Fee 153 Lots @ $30 .00/Lot $4 , 590 .00 (3) Intersection Signing , 13 @ $165 . 00 Ea $2 , 145 . 00 (4) Traffic Regulatory Signing, 22 @ $73 . 00 Ea $1, 606 . 00 (5) Street Trees, 186 @ $87 . 00 $14 , 529 . 00 1p4Street Tree Inspection Fee $437. 00 ei 19 Trees @ $23 . 00 Ea ( 6) Sanitary Sewer Fees $3 , 282 . 05 (a) Lateral Charge 656 .41 LF @ $5 .00/LF $3 , 282 . 05 (Note: Major Facilities Sewer Charge to be paid as each lot is developed at the current rate of $200/unit . ) Total Sewer Charges $3 . 282 . 06 (7) Water Charges $104, 149 . 45 (a) Tap Charge (Service Connections) 153-1" meters @ $275 . 00 Ea $42 , 075 . 00 Subdivision Agreement Tract No. 4142 Page 8 (b) Frontage 656 .41 LF @ $6 . 50/LF $4 , 266 . 67 (c) Fire Hydrant Charge (Zone District R-1/UGM) 938, 044 .0 SF @ $0 . 75/100 SF $7, 035 . 33 (d) Transmission Grid Main (UGM Reimbursement Area No. A) 30 . 49 Ac @ $560 . 00/Ac $17, 074 . 40 Less TGM Credits [$9 , 789 .00]`' Net TGM Charge $7, 285 . 40 (e) UGM Well Development Charge (Supply Well No . 201-S) 30 .49 Ac @ $1, 420 . 00/Ac $43 , 295 . 80 (g) Water Construction Charge 153 Lots @ $1 . 25 /Lot $191 . 25 Total Water Charges $104 , 149 . 45 (9) UGM Major Street Charge; (Zone C/D-2) 29 . 07 Ac @ $1, 930 .00/Ac - $56, 105 . 10 $6, 770 . 10 Less Major Street Credit [$49, 335 . 00] Net Major Street Charge $6,770 . 10 (10) UGM Major Street Bridge Charge (Zone C/D-2) 29 .07 Ac @ $65.00/Ac $1, 889 .55 (11) UGM Traffic Signal Charge, 29 .07 Ac @ $860 .00/Ac $25, 000 .20 (12) UGM At-Grade Railroad Crossing Fee Service Area ; 29 . 07 Ac @ $262 .00/Ac $7 , 616 .34 (13) Landscape Maintenance District Fee $6, 759 . 60 Subdivision Agreement Tract No . 4142 Page 9 TOTAL FEES AND CHARGES $215 . 470 . 95 (14) Fee Deferrals-Present Credits-Future Reimbursements (a) UGM Fire Station Fee Deferred by Covenant Service Area No. 14 Zone District R-1/UGM 30 . 49 Ac @ $547 . 00/Ac $16, 678 . 03 (b) UGM Neighborhood Park Fee Deferred by Covenant Service Area No . 5 Zone District R-1/UGM 30 . 49 Ac @ $1, 695 . 00/Ac $51, 680 . 55 (c) UGM Trunk Sewer Fee Deferred by Covenant Service Area : Grantland Trunk Line Zone District R-1/UGM 30:.49 Ac @ $482 .00/Ac $14 , 011 .74 (d) Sanitary Sewer Oversize Charge Present Credit 30 .49 Ac @ $240 .00/Ac $7,317 . 60 Less Oversize Credits 4$12,748 . 50] Net Charge $0 Paid with credits Future Reimbursements shall be made in accordance with Section 9-503 . 2 of the Fresno Municipal Code (UGM Reimbursement Area No . 19) Subdivision Agreement Tract No . 4142 Page 10 (e) Transmission Grid Main Charge - Present Credit 30.49 Ac @ $560 .00/Ac $17,074 .40 Less TGM Credits [$91789.00] Net Charge $7,285 .40 Future Reimbursements shall be made in accordance with Section 14-107. 1(d) of the Fresno Municipal Code (UGM Reimbursement Area A) (f) UGM Major Street Charge Present Credit Zone C/D-2 29 .07 Ac @ $1,930.00/Ac $56, 105.10 Less Major Street Credit [$49 ,335.00] Net Charge $6,770 .10 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code (g) Fire Hydrant Reimbursement 10 F.H. @ $300 .00/F.H. $3 ,000.00 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 Subdivision Agreement Tract No . 4142 Page 11 for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways . All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. 11 . Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City: a. Performance s-ecurity in the sum of Two Million One-Hundred Ninety-Five Thousand and 00/100 Dollars ($2, 195, 000 . 00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, One Hundred Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($109 , 750 . 00) , shall be cash or a Certificate of Deposit; the remaining 95%, Two Million Eighty-Five Thousand Two Hundred Fifty and 00/100 Dollars ($2 , 085, 250 . 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 One Million Ninety-Seven Thousand Five Hundred and 00/100 Dollars ($1, 097, 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 Seven Thousand and 00/100 Dollars ($7, 000 .00) , which is equal to 100% of the total estimated cost of preparation of temporary sewer lift station with force main improvement plans and profiles 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 . Subdivision Agreement Tract No. 4142 Page 12 d. Performance security in the sum of Forty-Six Thousand and 00/100 Dollars (46, 000 . 00) , which is equal to 100% of the total estimated cost of preparation of street, safety lighting and streetlighting improvement plans and profiles 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 . e. Performance security in the sum of Three Thousand and 00/100 Dollars ($3 , 000 . 00) , which is equal to 100 percent of the total estimated cost of preparation of landscaping/irrigation and well plans 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 agrerment . f . Performance security in the sum of Ninety-Two Thousand Four Hundred and 00/100 Dollars ($92 , 400 . 00) , which is equal to 100 percent of the total estimated cost of work required of demolition and abandonment of the temporary sewer lift station and force main and to reconnect gravity sanitary sewer main in West Sierra Avenue from the southwest boundary of the tract to the future Grantland Avenue trunk sewer at the planned Grantland Expressway location. An inflationary cost factor of 3 . 0 percent per year over ten years was factored into the final cost with Thirty-Five Thousand One Hundred and 00/100 Dollars ($35, 100 . 00) for demolition and abandonment of the temporary sewage lift station and force main and Fifty-Seven Thousand Three Hundred and 00/100 Dollars ($57, 300 . 00) for the design and installation of sanitary sewer main extension. One hundred percent (100%) of said amount shall be cash or Certificate of Deposit, all conditioned upon the faithful performance of this agreement . g . 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 Sixteen Thousand Four Hundred Seventy-Five and 00/100 Dollars ($16, 475 . 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. 4142 Page 13 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. Subdivision Agreement Tract No . 4142 Page 14 14 . The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 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 Subdivision Agreement Tract No. 4142 Page 15 required retesting due to failures shall be made directly to the Subdivider or his agent. 17. The Subdivider shall comply with Street, 'Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 18. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 19 . whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. Subdivision Agreement Tract No . 4142 Page 16 20. , Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 21. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at, his address on -file with the City Engineer.- -If, within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, Subdivision Agreement Tract No . 4142 Page 17 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 contractus 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. Subdivision Agreement Tract No. 4142 Page 18 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation LESLIE P. BUSICK, Trustee of MARVIN D. JOHNSON that certain Trust Agreement PUBLIC WORKS DI ECTOR dated June 11 1974 �r 1 ATTEST: )eslie P. Busick, Trustee JACQUELINE L. RYLE CITY CLERK By (�v� eputy APPROVED AS TO FORM: HARVEY WALLACE CITY ATTORNEY By (Attach Notary Acknowledgment) LR:mv 8289D/682 Revised 08/03/90 STATE OF CALIFORNIA ) ) SS. COUNTY OF FRESNO ) On this 6th day of August, in the year 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared LESLIE P. BUSICK, Trustee of that certain Trust Agreement dated June 11, 1974, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. ELYSA G BEDIAN OFFICIAL SEAL Notary Pub is in and for . EL.YSA J. GARABEDIAN said Count and State (� NOTARY PUBLIC CALlr OR^dIA County PRINCIPAL OFFICE IN H'ESNO COUNTY IAv Comraimon Ezpi;es Sep.25, 1990 EXHIBIT 10.101-10.291 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR FIRE SAFETY ARTICLE 10 FIRE PROTECTION Division I - OPERATIONS AT FIRES OR OTHER EMERGENCIES Authority at Fires and Other Emergencies Sec.10.101.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 d=wf.shall have the power and authority to direct such operatioo.as may be necessary to extinguish or control any fire.perform any rescue operation. investigate the existence of suspected or reported fires,gas !salts or ocher hazardous cooditions or situations or of taking any other action necessary in the reasonable performance of their duty. In the eutzise of such poses: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 rho sane any vehicle,vessel or thing which may impede or interfere with the operations of the fere department and,in the judgment of tie chief.any person not acaully and usefully employed in the c==guishing of such rut or is 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 coaaation with extinguishing any fire. or other emergeary, or disobeys any lawful command of the chief or officer of the firs: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- Autho,"to Barricade Sec.10.103.The chief or odor officer of the fire dcparm mt in charge at the sane of an emergency shall have the authonry to place ropes.guards.barricades or other obstructions arms:any sheet. sUey. place or private property in the vicinity of such operation so as to prt-veat accident or interfereace with the lawful efforts of the fur department to manage and control the situation and to handle faro apparatus. Division 11 GENERAL PROVISIONS Tampering with Fire Equipment Set 10.:01.No person shall molest.tamper with.damage or otherwise disturb L 1985 EDITION /0.201-10.2m any apparatus,equipment or appurtenance belonging to or under the supervision and control of the fits department without authority from the chief or his autho- rized representative to do ser Tampering with Fire Hydrant or Fire Appl lance Sec.10.202—No person shall remove.tamper with orotherwise disturb any fur hydrant or firs appliance required to be installed or maintained under the provi. sioas of this code except for the purpose of extinguishing fire,training purposes. recharging.or making necessary repairs•or when permitted by the firs depart- --t eparttaat. Whenever a fur 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 Ser. 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 fur suppression purposes and which is accessible to any public highway,alley a 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 valva 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.10.201.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. Ckmwe of Roads or Trails Sec.10.205.(a)General.The chief may require the installation and mainte- nance of gates or other approved barricades across roadways. mils or otbrs accasanys.not including public streets,alleys or highways. When required.gates and barricades shall be secured in an approved ma=.�+�* When required to be secured,roadways.trails and accessways shall not be used except when authorized by the owner and the chief. (b)Trespassing.:No person.except a public officer acting within the scope of his public dudes,shall trespass upon any toad 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 obsuva the entrance to such road or trail. Obstruction of Firs Protection Equlpment Sea 10.206. (a) General. No person shall place or keep any post, fence. vehicle.growth.trash.storage or other material or thing near any firs hyd rm r-fire department connection or fire protection system control valve drat would prevent arch equipment or hydrant ftm being immediscely discernible or in any other 2 tpsp�.tpZp7 UNIFORM FIRE CODE manner deter or hinder the Fire department from gaining immediate access to said equipment or hydrant.A minimum 3-foot clearspace shall be maintained around the circumference of the fire hydrants except as otherwise required or approved by the chief. !} (b)Identification of Hydrants or Equipment.All fire protection equipment t or hydrous shall be clearly identified in a manner approved by the chief to prevent parking or other obstruction. Firs Apparatus Access Roads See.10-V7.(a)General.Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. (b)What Required.Fut apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior*-4 of the fust star, is located in=than ISO fee from Fut department vehicle access-.At EXCEPTIONS: I.W nen buugrngs art completel)(PWected+•rah in approved a nomadc fie sprinkler system,the provisions of this section may be modified. 2.Wben access roadways cannot be installed due to topography.watcmys• nonnegotiable Vades or other similar conditions,the chief may trquire additional foe p vtectioa u specified io Section 10.301(b). 3.When there art eros more than two Group R.Division 3 or Group M Occupan- cies.the requireroeats of this section amy be modified.provided,in the opinion of the chief,fur-fighting or rescue operations would not be impaired. More than one fort apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion. condition of terrain.climatic conditions or other facwrs that could limit atxess. For high-piled combustible storage,see Section S 1.109. (e)Width.The unobstrucmrcd width of a fire apparatus access mad shall be not less thaw 20 feet. (d)Yertioi C'Iesraace.Fire apparatus access roads shall have an imobstr obstructed vertical clearance of era less than 13 fat 6 inches. EXCEPTION:Upon approval vertical clearance ataybe reduced,ptvridodsuch r eductioa does ow impair access by fur apparatus and approved signs ars installed and maintained iadicanng the established vertical clearance. (e)Permissible~Modifications. Vertical c!earaaces or widths required by this section shall be increased when,in the opinion of the chief.vertical clearances or widths art not adequate to provide fire apparatus access. (f)Surface.Fwc apparatus access roads shall be designed and maintained to supportthe imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weatlicr driving capabilities. (g)Turning Radhm The mrung radius of a fire apparatus access road shall be as approved by the etuci (h)htruarvvads.All dead-and fire apparatus access roads in excess of 150 fat in length shall be provided with approved provisions for the turning around of fire apparatus. *as measured w an umobst ructed mute arcun2d the _ exterior Of the buzdling- 3 1983 EDMON 10207-10.301 (i)Bridges.when a bridge is required to be used as access under this section.it . shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading suf ficient to cam the imposed loads of fire apparatus. U)Grade.The gradient for a rut apparatus access road shall nes exceed the maximum approved by the chief. (11)Obstruction.The required width of any rue apparatus access tad shall not be obstructed in any manner:including parking of vehicles.Minimuat requited 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 ptobsbit the obstrucdon thereof or both. Premises hdentlfleatlon Sec 10.208.(a)General.Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property.Said numbers shall contrast with their background. (b)Street or Road Signs.When required by the chief.a street or road shall be identified with approved signs. ; Key Box Sec 10.209.When access to or within a structure or an area is unduly difficult beanse of secured openings or wbere immediate access is necessary for fife- saying or rut-fighting purposes.the chief may require a key boot to be installed in an accessible location.The key box shall be a type approved by the chief and shall ooatain keys to gait necessary access as requited 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 rut appliances to be installed and maintained in and upon all buildings and petmises in the jurisdiction other than private dwellings. This shall be done according to the m1anve severity of probable fur. including the rapidity with which a may spread.Such appliances shall be of a type suitable for the probable class of fat associated with such building or premises and stall have approval of the Chief. K (b)Spedd Haard& In occupancies of m especially hazardous mutt or wbese special hoards exist in addition to the normal hazed of the occupancy,or 1 10.301-10.702 UNIFORM FIRE CODE where access for fire apparatus is unduly difficult.additional safeguards may be requited consisting of additional fire appliance units. more than one type of appliance,or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems.auto. made sprinkler or water spray systems.standpipe and hose,fixed or portable fare extinguishers•suitable asbestos blankets. breathing apparatus•annual or auto. raaticcoven• carbon dioxide. foam. halogenated and dry chemical or ocher special fire-extinguishing systems.Whets such systems are installed.they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fur Protection Association when Uniform Fire Code Standards do not apply.. (c)Water Supply.An approved water supply capable of supplying the required fare flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. Wben any portion of the building protected is in excess of 150 feet from a water supply on a public street•as measured by an approved route around the exterior of the building.there shall be provided.when required by the chief.on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs.pressure tanks.,elevated tanks,water mains or other fixed systems capable of providing the required fire flow.Insetting the requirements for fire flow, the chief may be guided by the provision in Appendix III-A of this code. The location,number and type of fire hydrants connected to a water supply capable of delivering the requited fire flow shall be provided on the public street a 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 requiruneats of Section 10.207. (d)Fire Sydmat Markers. When.required by the chief.hydrant locations shall be identified by the installation of reflective marinas. (e)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 trade serviceable prior to and during du time of construction.When alternate methods of protection,as approved by the chief,are provided.the above may be modified or waived. (f)Approval and Testing.All fire alarm systems,fire hydrant systems.fire- extinguishing systems(including automatic sprinklers).wet and dry standpipes, basement inlet pipes•and other f are-protection systems and appurtenances 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 specif ica- doas shall be submitted to the fire department for review and approval prior to construction. Makrt mance See.10.302.(a)General.All sprinkler systems,fare hydrant systems.stand- pipe systems. fire alarm systems, portable fire extinguishers. smoke and heat 5 19th EDITION 10=-10.304 venahmcr,smoke-removal systems and ocher tire-protective or extinguishing Systems or appliances shall be mnrntarned III an operanve condition at all ttwo and shall be replaced or repaired where defective.Fire-protective a eitinguishiug systems coverage.spacing and specifications shall be maintained in accordance with recognized standards at a!1 times.Such systems shall be extended.altered or augmented as necessary to maintain and continue protection whenever any build. ing so equipped is altered.remodeled or added to All additions.repairs.aitera- tiom and servicing shall be in accordance with recopized standards. E[CEMON:Systems not required by this or mop adner code need tot be —amdedaltered tar augmented. (b)Systems in Blgb-rise Buildtags.The building ownershan be responsible for assuring that the free and life safety systems mqui ed by Sections 1807 and I907 of the Uniform Building Code shalt be mtainotioW in eco opeobte 000dition atailtimes.Uokssabetwiserequiredbytbeddef.gwrtatytestsofsuchsystems ' shallbe conducted by approved persons.A wtitten record shall be maintained and be made available to the inspection authority. (c)Smoke cDntrol Systems.Mechanical smoke control systems.such as in high-rise butldmgs.buildings containing atria,covered mall buildings and me- chmmical vemtilatim systems of smokeptoof cnclosures.shall be maintained in operable condition at all tuna.Unless otherwise required by the chief,quarterly tem of such systems shall be conducted by approved persons.A written tecotd shall be maintained and be made available to the inspection iruhority. 6