HomeMy WebLinkAboutT-4191 - Agreement/Covenant - 2/3/2009 d
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P. W. File No . 9054 Public Works Department
UGM No. 454 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 4191
(Phase I of Tentative Tract No . 4191)
Maple View II
(Including 35 Planned Development Lots)
THIS AGREEMENT is made this day ofJ�� 19 ,
by and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Louis Woods, a Married man, as his
sole and separate property, Richard Snyder, Irmgard Snyder , Husband and
Wife, as Joint Tenants and Woodward Classics Estates II, a California
Limited Partnership, hereinafter called the "Owner" without regard for
number or gender and where applicable Woodward Classics Estates II a
California Limited Partnership, 1486 Tollhouse Road, Clovis, California ,
93612, will be individually referred to and called the "Developer" .
Subdivision Agreement
Tract No . 4191
Page 2
RECITALS
1 . The Developer has presented to the City a certain final map of a
proposed subdivision of land held by the Owner and located within the
corporate limits of the City, and known and described as Tract No . 4191,
Maple View II a copy of which map is attached to and made a part of this
Agreement , and said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes
specified thereon, and to otherwise approve said map in order that the
same may be recorded, as required by law.
2 . The City requires , as a condition precedent to the acceptance
and approval of said map, the dedication of such streets , highways and
public places and easements as are delineated and shown on said map, and
deems the same as necessary for the public use, and also requires that
any and all streets delineated and shown on said map shall be improved by
the construction and the installation of the improvements hereinafter
specified.
3 . Upon recordation of Tract No. 4191 the portion of the property
that is within the remainder portions of the subdivision shall be
retained by Louis Woods, a Married man, as his sole and separate
property, Richard Snyder, Irmgard Snyder, Husband and Wife, as Joint
Tenants .
4 . Upon recordation of Tract No . 4191 the portion within the
boundary of the subdivision shall pass in escrow to the Developer, it is
the intent of the Developer to develop the property subject to the
conditions of approval for the tract and this subdivision agreement .
Subdivision Agreement
Tract No . 4191
Page 3
5 . The Developer intends to indemnify and hold Louis Woods, a
Married man, as his sole and separate property, Richard Snyder, Irmgard
Snyder, Husband and Wife, as Joint Tenants harmless with regard to
construction and the installation of the improvements hereinafter
specified.
6 . Section 12-1012 of the Municipal Code of the City of Fresno
requires the Owner to enter into this Agreement with the City whereby
Developer 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 .
7 . The Owner 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 .
8 . 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
understood by and between the Developer and the City, and the Developer
and the City do hereby mutually agree as follows :
Subdivision Agreement
Tract No . 4191
Page 4
9 . The Developer shall perform the work and improvements
hereinafter specified on or before June 30, 1993 , except the sidewalk and
lot corner monumentation which shall be completed upon construction of
the residential dwellings in Tract No . 4191 but no later than June 30,
1994 , to the satisfaction of the Director of Public Works and/or the City
Engineer of the City as provided by Code . The Subdivision lot and buffer
trees shall be planted by June 30, 1994, or upon occupancy of each
individual dwelling, whichever occurs first, to the satisfaction of the
director of the City Parks Department 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 Developer ' 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 with
approved streetlighting on line and operational . The issuance of any
occupancy permits by the City for dwellings located within said
subdivision shall not be construed in any manner to constitute an
acceptance and approval of any or all of the streets and improvements in
said subdivision. When a delay occurs due to unforeseen causes beyond
the control and without the fault or negligence of the Developer, the
time of completion may be extended for a period justified by the effect
of such delay on the completion of the work. The Developer shall file a
written request for a time extension with the Director of
Subdivision Agreement
Tract No . 4191
Page 5
Public Works prior to the above noted date, who shall ascertain the facts
and determine the extent of justifiable delays, if any. Extension of
time for completion of improvements (including street trees planting) may
be granted by the Public Works Director with an extension fee from the
current Master Fee Schedule based upon the initial estimated total
improvement cost . The Director of Public Works shall give the Developer
written notice of his determination in writing, which shall be final and
conclusive.
10 . 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
Developer including all costs of engineering, inspection and testing .
11 . 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 Developer shall submit evidence to the City of Fresno
of payment and receipt thereof by the Developer ' s engineer or
surveyor for the final setting of all monuments required in the
subdivision.
b. All utility systems shall be installed underground.
Developer ' 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
Developer shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
Subdivision Agreement
Tract No . 4191
Page 6
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 .
h. Wet-Ties shall be in accordance with Estimate No . E-12445 .
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
Developer shall be refunded the excess . Should the actual
construction cost be greater than the deposit, the Developer 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, water, storm sewer,
street, street safety lighting, Irrigation Pipeline and street
lighting .
Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the
Fresno Municipal code, the developer has posted security in the
amount of Thirty-Eight Thousand Two Hundred and 00/100 Dollars
($38, 200 . 00) for the required sewer, water , construction and storm
sewer, and Fifty-Five Thousand Two Hundred and 00/100 Dollars
($55 , 200 . 00) for the required street, street safety lighting, and
street lighting improvement plans and profiles to be approved by the
City Engineer .
Subdivision Agreement
Tract No . 4191
Page 7
The developer agrees that , in the event the required plans and
profiles 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, water, sewer lift station with
force main, storm sewer, street, street safety lighting and street
lighting plans and profiles .
j . As a condition of final map approval the developer is
required to install landscaping and irrigation system in a 20-foot
landscape easement along the East Nees Avenue frontage of the
subdivision excepting the area within Lot 1 which will be provided
for temporary vehicular access . Installation of the landscaping
treatment along with the required solid wall at the rear of said
landscape easement, excluding the irrigation system on said portion
of Lot No . 1 will be deferred by covenant for the area which will
provide temporary vehicular access . The developer shall install the
required landscaping and irrigation system and completion of the
solid wall to this area when the temporary access is removed. The
Developer has executed a covenant with the City of Fresno
guaranteeing maintenance of the required landscaping until such time
as a Maintenance District has been formed to provide for continued
care and maintenance of the required landscaping . The Developer also
agrees to sign a petition asking the Council to include this Tract in
the existing District .
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 Maple Avenue frontage and a
20-foot landscape easement along the East Nees Avenue frontage of the
subdivision. The Developer has executed a covenant with the City of
Fresno guaranteeing maintenance of the required landscaping until
such time as a Maintenance District has been formed to provide for
continued care and maintenance of the required landscaping .
Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the
Fresno Municipal Code, the developer has posted improvement security
in the amount of Eight Thousand Two Hundred and 00/100 Dollars
($8, 200 . 00) with the City guaranteeing the preparation of the
detailed landscaping and irrigation plans for the required
landscaping 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 and irrigation plans .
Subdivision Agreement
Tract No . 4191
Page 8
1 . As a condition of final map approval, the Developer is
required to pay a street tree fee in accordance with the master fee
resolution. In lieu of paying the street tree fee, the Developer has
accepted responsibility for the buffer street tree planting and has
posted performance security in the amount of One Thousand Sia Hundred
Fifty-Three and 00/100 Dollars ($1, 653 . 00) to guarantee planting and
maintenance by the Developer until the City accepts the required
buffer street trees for maintenance purposes .
Prior to planting any street trees in the subdivision, the Developer
agrees to submit a detailed landscaping plan for the North Maple
Avenue and the East Nees Avenue frontage of the subdivision to the
City Parks Department for approval . The plan shall include the
types, location, and number of trees and show all landscaping
proposed for planting on public and/or City controlled property. The
Developer agrees that the City shall not be obligated to accept any
tree for maintenance purposes which is not included in the approved
landscaping plan.
M. As a condition of .final map approval, the Developer is
required to pay a street tree fee for lot trees (for the 35 planned
development lots) in accordance with the master fee resolution. In
lieu of paying street tree fees for the required individual lot tree
planting ; the Developer has accepted responsibility for street tree
planting and has posted Performance Security in the amount of Two
Thousand Nine Hundred Fifty-Eight and 00/100 Dollars ($2 , 958 . 00) to
secure planting and maintenance until acceptance of the street trees
by the City Parks Department and occupancy and maintenance by lot
owners .
The Developer has entered into a "Developer Tree Planting Agreement"
with the City and shall obtain a street work permit for all landscape
installation shown on the plans as part of the "Developer Tree
Planting Agreement, " the tree planting plan shall include the types ,
location, and number of trees and show all landscaping proposed for
planting on Public and/or City controlled property. The Developer
agrees that the City shall not be obligated to accept any tree which
is not included in the approved landscaping plan.
n. Perform and construct all work shown on the following
referenced plans (City Drawing Nos . 10-C-6348 through 10-C-6360 with
Water Job No . 455 (13 sheets) inclusive, 15-C-8045 through 15-C-8063
(19 sheets) inclusive, 4-C-258 through 4-C-259 (2 sheets) inclusive,
and Fresno Metro Flood Control District Nos . CY-26-1 through CY-26-3
(3 sheets) inclusive] , unless specifically omitted herein.
Subdivision Agreement
Tract No . 4191
Page 9
o . 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 .
p. The Developer has deposited with the City the sum of Sia
Hundred Eighty Four Thousand Two Hundred Nineteen and 80/100 Dollars
($684 , 219 . 80) for the following :
(1) Inspection Fees $45, 135 .94
(2) Monument Check Fee
165 Lots @ $30 . 00/Lot $4, 950 .00
(3) Intersection Signing, 21 @ $165 .00/Ea $3 ,465 .00
(4) Traffic Regulatory and Warning Signing,
15 @ $73 . 00/Ea $1,095 .00
(5) Street Trees
(City planted lot street trees to be
maintained by the lot owners)
213 Street Trees @ $87 . 00/Tree $18 , 531.00
Street Trees
Privately planted lot street to be
maintained by the Lot Owners
34 Trees @ $23 . 00/Tree $782 .00
Street Tree Field Inspection Fee
(Privately planted buffer street trees
to be maintained by the City' s
Landscape Maintenance District) $125.00
( 6) Sewer Trench Water Compaction Charge,
8, 538 . 83 CY @ $0 . 10/CY $853 . 88
(7) UGM Fire Station Fee;
(Service Area No . 13 ; Zone District R-1/UGM)
51 . 25 Ac @ $251. 00/Ac $12 , 863 . 75
(8) Sanitary Sewer Fees $172 , 665 .08
(a) Lateral Charge
157 . 35 LF @ $10 . 00/LF $1, 573 .50
1, 544 .99 LF @ $5 . 00/LF $7, 724 .95
Subdivision Agreement
Tract No. 4191
Page 10
(b) Oversize Charge
(UGM Reimbursement Area No. 2)
51 . 25 Ac @ $240 . 00/Ac $12, 300 . 00
(c) Trunk Sewer Charge
Herndon Trunk Sewer Service Area
164 Units @ $709 . 00/units $116, 276 .00
(Lot 165 8 .46 AC @ 5 . 8 units/AC-49 . 07)
49 . 07 Units @ $709 . 00/Units $34 , 790. 63
Total $151, 066. 63
(Note: Major Facilities Sewer Service Charge to be paid
as each lot is developed at the current rate. )
Total Sewer Charges $172 . 665 . 08
( 9) Water Charges $344 , 606 . 85
(a) "Wet-Tie" Charge $10, 100.00
(Estimate No . 12445)
(Water Job No . 4055)
(b) Tap Charge
(Service Connections)
(Lot 165 and 2 Landscape Services)
3 2" Meters @ $500 . 00/EA $1, 500 . 00
(Lot 40, 42 , 63 , 64 , 71,
108 and the remainder)
7 1-1/2 : Meters @ $445 . 00/EA $3 , 115. 00
(All remaining lots)
160 1" Meters @ $275 . 00/EA $44 , 000. 00
(c) Frontage
157 . 35 LF @ $6 . 50/LF $1, 022 . 78
( remainder)
1, 544 . 99 LF @ $3 . 25/LF . $5, 021.22
(d) Fire Hydrant Charge (Zone District R-1/UGM)
1 ,767, 913 .0 SF @ $0 . 75/100 SF $13 ,259 .35
Subdivision Agreement
Tract No . 4191
Page 11
(e) Transmission Grid Main
(UGM Reimbursement Area No . A)
51 .25 Ac @ $560 . 00/Ac $28,700 .00
Less TGM Credits [$17,211 . 50]
Net TGM Charge $11,488 . 50
(f) UGM Well Development Charge
(Supply Well No . 101-S)
51 . 25 Ac @ $1, 836 . 00/Ac $94 , 095 . 00
(g) Water Construction Charge
164 . 00 Lots @ $1. 25 /Lot $205 . 00
(h) Well Head Treatment Fee
Units by: Living Units
Land Area : 1/4 Net Acre - 1 Unit
Woodward Park Well Head Treatment Service Area
(Single Family Residential including 3 remainder
units) )
167 units @ $535 . 00/Unit $89,345 . 00
Woodward Park Well Head Treatment Service Area
(Lot 165 - 8 . 46 AC @ 1/4 AC/Unit = 34 Units)
34 units @ $535 . 00/Unit $18, 190 . 00
(i) Recharge Fee
Units by: Living Units
Land Area: 1/4 Net Acre a 1 Unit
Woodward Park Recharge Service Area
(Single Family Residential including 3 remainder
units . )
167 units @ $265 . 00/Unit $44 , 255 . 00
Woodward Park Recharge Service Area
(Lot 165 - 8 . 46 AC @ 1/4 AC/Unit - 34 Units)
34 units @ $265 . 00/Unit $9 , 010 . 00
Total Water Charges $344 , 606 . 85
Subdivision Agreement
Tract No . 4191
Page 12
( 10) UGM Major Street Charge (Zone F) $22,722 . 50
48 . 30 Ac @ $2, 500 .00/Ac $120, 750 . 00
Less Major Street Credit [$98, 027 . 50]
Net Major Street Charge $22,722 . 50
( 11) UGM Major Street Bridge Charge
(Zone F)
48 . 30 Ac @ $50 . 00/Ac $2, 415 . 00
( 12) UGM Traffic Signal Charge $34 , 565 . 00
48 . 30 Ac @ $860 .00/Ac $41, 538 . 00
Less Traffic Signal Credit [$6, 973 . 00]
Net Traffic Signal Charge $34 , 565 . 00
( 13) UGM At-Grade Railroad Crossing Fee
Service Area A-D
48 . 30 Ac @ $236 . 00/Ac $11,398 . 80
( 14) Landscape Maintenance District Fee $8,045 . 00
TOTAL FEES AND CHARGES $684 ,219 . 80
( 15) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No. 7
Zone District R-1/UGM
51 . 25 Ac @ $1, 690 .00/Ac $86, 612 . 50
(b) UGM Traffic Signal Charges
Present Credit-Future Reimbursement
48 . 30 Ac @ $860. 00/Ac $41, 538.00
Less Signal Credit [$6, 973 . 00]
Net Charge $34, 565 . 00
Future Reimbursements shall be made in accordance with
Section 11-226(f) of the Fresno Municipal Code.
Subdivision Agreement
Tract No . 4191
Page 13
(C) UGM Major Street Charge (Zone F) $22 , 722 .50
48 . 30 Ac @ $2, 500 . 00/Ac $120, 750 .00
Less Major Street Credit [$98, 027 .50]
Net Major Street Charge $22, 722 . 50
(d) Transmission Grid Main Charge
Present Credit - Future Reimbursement
51 . 25 AC @ $560 . 00/AC $28,700 .00
Less TGM Credits [$17,211.50]
Net TGM Charge $11,488 .50
Future Reimbursements shall be made in accordance with
Section 14-107 . 1 (d) of the Fresno Municipal Code (UGM
Reimbursement Area No . ) .
(e) Fire Hydrant Reimbursement
13 F.H. @ $300 . 00/F.H. $3 , 900. 00
Future Reimbursements shall be made -in AWoordance with
Section 14-107 . 1b of the Fresno Municipal Code.
12 . Developer 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.
13 . 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
Subdivision Agreement
Tract No . 4191
Page 14
14 . Prior to the approval by the Council of the City of said final
map, the Developer shall furnish to the City:
a . Performance security in the sum of One Million Sig Hundred
Seventy Thousand and 00/100 Dollars ($1, 670, 000. 00) , which is equal
to 100% of the total estimated cost of the work required. Five
percent (5%) of said amount, Eighty-Three Thousand Five Hundred and
00/100 Dollars ($83 , 500 . 00) , shall be cash or a Certificate of
Deposit; the remaining 95%, One Million Five Hundred Eighty-Sig
Thousand Five Hundred and 00/100 Dollars ($1, 586 , 500 . 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 Eight Hundred Thirty Five
Thousand and 00/100 Dollars ($835, 000 . 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 Thirty-Eight Thousand Two
Hundred and 00/100 Dollars ($38, 200 . 00) which is equal to 100% of the
total estimated cost of the preparation of sewer , water, and storm
sewer 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.
d. Performance in the sum of Fifty Five Thousand Two Hundred
and 00/100 Dollars ($55 , 200. 00) , which is equal to 100% of the total
estimated cost of the preparation of street, street safety lighting,
Irrigation Pipeline and street lighting improvement plans and
profiles required. One hundred percent ( 100%) of said amount shall
be cash or Certificate of Deposit all to be conditioned upon the
faithful performance of this agreement .
e . Performance security in the sum of Eight Thousand Two
Hundred 00/100 Dollars ($8, 200. 00) , which is equal to 100% of the
total estimated cost of 200 preparation of Landscaping/Irrigation and
wall improvement plans required. One hundred percent (100%) of said
amount shall be cashier Certificate of Deposit, all to be conditioned
upon the faithful performance of this agreement .
Subdivision Agreement
Tract No . 4191
Page 15
f . Performance security in the sum of One thousand Sia Hundred
Fifty-Three and 00/100 Dollars ($1, 653 .00) , which is equal to 100% of
the total estimated cost of buffer 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 .
g . Performance security in the sum of Two Thousand Nine Hundred
Fifty-Eight and 00/100 Dollars ($2,958 . 00) , which is equal to 100% of
the total estimated cost of planned development lot 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 .
h. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
15 . On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Thirteen Thousand
Seven Hundred and 00/100 Dollars ($13 , 700 . 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 Developer, less
any amount required to be used for fulfillment of the warranty one ( 1)
year after final acceptance of the subdivision improvement .
16 . This Agreement shall in no way be construed as a grant by the
City of any rights to Owner to trespass upon land rightfully in the
possession of, or owned by, another, whether such land be privately or
publicly owned.
Subdivision Agreement
Tract No . 4191
Page 16
17 . The City shall not be liable to the Developer 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 Developer hereby releases and agrees to indemnify,
defend, 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 Developer, the Developer ' s agents ,
employees and subcontractors, while engaged in the performance of said
work. The Developer 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 Developer at
all times prior to final acceptance by the City of the completed street
and other improvements thereon and therein.
18 . The Developer 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.
Subdivision Agreement
Tract No . 4191
Page 17
19 . The Developer 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.
20 . 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 Developer 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 Developer
or his agent . Billing for the private utility tests and any required
retesting due to failures shall be made directly to the Developer or his
agent .
Subdivision Agreement
Tract No . 4191
Page 18
21 . The Developer shall comply with Street, Plumbing , Building,
Electrical , Zoning Codes and any other codes of the City.
22 . It shall be the responsibility of the Developer 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 Developer. It shall further be the responsibility
of the Developer 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 Developer to notify the City
Engineer may cause delay for which the Developer shall be solely
responsible.
23 . Whenever the Developer 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 Developer 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 Developer 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 . 4191
Page 19
24 . 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 Developer before release of bond, or final
acceptance of completed work.
25 . Adequate dust control shall be maintained by the Developer 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
Developer to comply with the provisions of this paragraph forthwith.
Such notice may be personally served upon the Developer or, if the
Developer is not an individual, upon any person who has signed this
Agreement on behalf of the Developer or, at the election of the City
Engineer, such notice may be mailed to the Developer 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 Developer shall not
have commenced to maintain adequate dust control or shall at any time
Subdivision Agreement
Tract No . 4191
Page 20
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 Developer 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 .
26 . 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.
27 . 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 .
28 . No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Developer
without the written consent of City.
STATE OF CALIFORMAJ
COUNTY OF FRESNO }
nn-___J_ur e__..Z,. 19 92 ---_before me, the undersigned. a Notary Public in
and for said County and State. personally appeared --------LQujs_Wocxd&----------------
----------------------------------------------------------------------------------------------------------------
known to be to be the person_____ whose name--------------is subscribed to the within instrument. and
acknowledged to me that_he executed the same.
OrrICIAL SEAL
JOAN CYCON /
��Mv
NOTARYrusuc CALlFpi1NU % -__- L/( �• - _FRESNO CCXNTY __....-- `=- -- -- �=--- - ---
cw&,%Easws tllar. is.IM Vt'arys Signature J Joan Cyeon
STATE OF CALIFOR` A)
COLN-1-Y OF FRESNO }
On-------l ume__lZ___________________ 19-----9Z----_before me, the undersigned, a Notary Public in
and for said County and State, personally appeared Ri.ehazd--II_..Snydar--aid--lz4nagar-d-S-nyder
----------------------------------------------------------------------------------------------------------------
known to be to be the personS____ whose name.S a_r_2J49Csubscribed to the within instrument. and
acknowledged to me that they executed the same..
O;l.'tc L SFJIL
JOAN CYCON
NOTARY PUBLIC CALIFORNIA t
FRESNO COUNTY -- --�=_ -w ------------ --- ------y-------- —
41y Comm. Expires Mar. 15. 1995 ?'otary's Signature: Joan C con
S 01 CALIFORNIA
COU71' ' F F
011-----
-- /C 19_/�______before mc. the undersigned. a Notary Public in
and t„ State. �crsunallc appearedG[�!a____ /Q�S�~j
--------------------------------- ---•---__lJ - --
per.on.,ll% knu,.n to me to he the /`i ��___ -�� -------- of the corporation that executed the
,•ithm instrument and personall% kno%n to me to he the person who c\ccutcd the within instrument on hehalf of
G /�' C�/ '=,J corp�rati,�n rersonall7 known a to be one uf�be prrtners of_-___--__________-_-__
,aid c ,r oration. ��
1 P / /
Lam- ��l'�l �Q-�� /C � the partnership that
c\ccutcd the within instrument. and ackno%ledged to me that such corporation executed the same as such partner
.rnd that .uch h.trtnership c\ecutcd the sante.
«"I 1% til� nt\ hand and official scat.
J.00MPUBCYCON
..... --.--.
6
/ PROM COU r�Yj
,' o r tiwla�.Mir.I&
Subdivision Agreement
Tract No . 4191
Page 21
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO,
a Municipal Corporation
OWNER
MARVIN D. JOHNSON, DIRECTOR Louis Woods , a Married Man, as
PUBL WORKS DEPARTMENT his sole and separate property
(3�60IS WOODS
ATTEST:
Richard D. Snyder and
JACQUELINE L . RYLE Irmgard Snyder, Husband and
CITY CLERK Wife a Joint T ants
By
Deputy RICHARD D. SNYDER
APPROVED AS TO FORM: IRMGAR SNYDER
HARVEY WALLACE i
City At ey
OWNER AND DEVELOPER
By WOODWARD CLASSICS ESTATES II
a California Limited
Partnership
GARY MASON, C ,
as General a ner
By:
ary M n, President
(Attach Notary Acknowledgment)
WW: jld:crm/LAND263/+4227
GL2 L77-L89
Revised: 06/11/92
EXHIBIT "A"
10.101-10.201 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
OPERATIONS AT FIRES OR OTHER EMERGENCIES
Authority at Fires and Other Emergencies
Sec. 10.101.The chief and his authorized representatives,as may be in charge
at the scene of a fie 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 ries. 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 fue 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
Sec. 10.103.The chief or other officer of the fine 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
fie apparatus.
Division 11
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.No person shall molest,tamper with,damage or otherwise disturb
1
1 S EDmoN 10.201-102M
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fur department without authority from the chief or his autho-
rized 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 fine 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 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
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 snake 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[Wanner any lock,gate,door,barricade,
chain, enclosure,sign, tag or seal which has been lawfully installed by the fur
department or by its order or under its control.
Closure 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, trails or other
accessways,not including public streets,alleys or highways. !
When required,gates and barricades shall be secured in an approved manner.
When required to be secured.roadways,trails and accessways shall not be used
except when authorized by the owner and the chief.
(b)Trespassing.No person.except a public officer acting within the scope of
his public duties,shall trespass upon any road or trail which has been closed and
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. (a) General. No person shall place or keep any post, fence,
vehicle,growth,trash,storage or other material or thing near any fire hydrant,fire
deparunent connection or fire protection system control valve that would prevent
such equipment or hydrant from being immediately discernible or in any other
2
10.206.10.207 UNIFORM FIRE CODE
manner deter or hinder the fist department from gaining immediate access to said
equipment or hydrant.A minimum 3-foot clear space shall be maintained around
the circumference of the fire hydrants except as otherwise required or approved by
the chief.
{ (b)Identification of Hydrants or Equipment.All fire protection equipment
or hydrants shall be clearly identified in a manner approved by the chief to prevent
I parking or other obstruction.
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.
EXCEFfIONS: 1.W nen burluings are completety'protected with an approved
automatic fire sprinkler system,the provisions of this section may be modified.
2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions,the chief may require additional
fire protection as specified in Section 10.301(b).
3.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
i
the chief,fit-fighting or rescue operations would not be impaired.
More than one fire apparatus road may be mquii ed when it is determined by the
ii chief that access by a single road may be impaired by vehicle congestion,
condition of terrain,climatic conditions or other factors that could limit access.
a For high-piled combustible storage,see Section 81.109.
(c)Width.The unobstructured width of a fire apparatus access road shall be not
less than 20 feet.
(d)Vertical Clearance.Fire apparatus access roads shall have an unobstructed
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.
(e)Permissible Modifications. Vertical clearances or widths required by this
section shall be increased when,in the opinion of the chief.vertical clearances or
widths are not adequate to provide fire apparatus access.
(f)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.
(g)"Awning Radius.The turning radius of a fire 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.
*as measured by ar. unobstructed route around the
exterior of the buidli.ng.
3
I
1988 EomoN 10.207-10-301
(i)Bridges.When a bridge is required to be used as access under this section.it
shall be constructed and maintained in accordance with the applicable sections of
the Building Code and using designed live loading sufficient to carry the imposed
loads of fire apparatus.
0) Grade.The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief.
(k)Obstruction.The required width of any fire apparatus access road shall na
be obstructed in any manner,including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
(1)Signs. When required, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
Premises Identification
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
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 fine, including the rapidity with
which it may spread.Such appliances shall be of a type suitable for the probable
class of fine associated with such building or premises and shall have approval of
the chief.
K
(b) Special Hazards. In occupancies of an especially hazardous nanrte or
where special hazards exist in addition to the normal hazard of the occupancy,or
d
10.301-10.302 UNIFORM FIRE CODE
where access for fire apparatus is unduly difficult,additional safeguards may be
required consisting of additional fire appliance units, mote than one type of
appliance,or special systems suitable for the protection of the hazard involved.
Such devices or appliances may consist of automatic fire alarm systems, auto-
matic sprinkler or water spray systems.standpipe and hose,fixed or portable fire
extinguishers. suitable asbestos blankets, breathing apparatus.manual or auto-
matic covers, carbon dioxide, foam. halogenated and dry chemical or other
special fire-extinguishing systems. Where such systems ate installed,they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
(c)Water Supply.An approved water supply capable of supplying the required
fire flow for fire protection steal I be provided to al l 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,as
measured by an approved route around the exterior of the building,there shall be
provided,when requited by the chief,on-site fine 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 firs flow.In setting
the requirements for fire flow, the chief may be guided by the provision in
Appendix IIs-A of this code.
The location, number arid 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) Fire Hydrant Markers. When required by the chief, hydrant locations
shall be identified by the installation of reflective markers.
(e)Tuning 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.
(f)Approval and Testing. All fire alarm systems,fire hydrant systems. fire-
extinguishing systems(including automatic sprinklers),wet and dry standpipes.
basement inlet pipes,and other fire-protection systems and appurtenances thereto
shall meet the approval of the fur department as to installation and location and
shall be subject to such periodic tests as required by thechief.Plans and specifica-
tions shall be submitted to the fire department for review and approval prior to
construction.
Maintenance
Sec. 10.302.(a)General.All sprinkler systems.fie hydrant systems,stand-
pipe systems, fire alarm systems, portable fire extinguishers, smoke and heat
19U EDITION 10.902-10.304
ventilators, smoke-removal systems and other fns-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fur-protective orextinguishing
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 build-
ing so equipped is altered.remodeled or added to AD additions.repairs.altera-
-. tions and servicing shall be in accordance with recognized standards.
EXCEPTION:Systems not required by this or any other code need not be
extended,altsmd nes augmented.
K
(b)Systems In High-rise BuRdings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operable condition
at all times.Unless otherwise required by the chief.quarterly tests of such systems
shall be conducted by approved persons.A written record shall be maintained and
be made available to the inspection authority.
(c)Smoke-controi Systems. Mechanical smoke-control systems.such as in
high-rise buildings.buildings containing atria,coveted mail buildings and me-
chanical ventilation systems of smokeproof enclosures, shall be maintained in
operable condition at all times.Unless otherwise required by the chief.quarterly
tests of such systems shall be conducted by approved persons.A written record
shall be maintained and be made available to the inspection authority.
r
6