HomeMy WebLinkAboutT-4209 - Agreement/Covenant - 7/7/2006 (2) P. W. File No . 9057 Public Works Department
City of Fresno
SUBDIVISION AGREEMENT
Tract No . 4209 „
"Willowood Estates No. 2"
THIS AGREEMENT is made this /O' day of 19-,
by and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Richard Deveau, a married man, as
his sole and separate property, 1875 Dennis Avenue, Clovis , California,
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 . 4209 , "Willowood Estates No . 2 , " a copy of which map is attached to
Subdivision Agreement
Tract No . 4209
Page 2
and made a part of this Agreement , and said Subdivider has requested the
City to accept the dedications delineated and shown on said map for the
use and purposes specified thereon, and to otherwise approve said map in
order that the same may be recorded, as required by law.
2 . The City requires, as a condition precedent to the acceptance
and approval of said map, the dedication of such streets , highways and
public places and easements as are delineated and shown on said map, and
deems the same as necessary for the public use, and also requires that
any and all streets delineated and shown on said map shall be improved by
the construction and the installation of the improvements hereinafter
specified.
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 .
Subdivision Agreement
Tract No. 4209
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the
streets, highways, public ways, easements and facilities as shown and
delineated on said map, and the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider
and the City do hereby mutually agree as follows :
6 . The Subdivider shall perform the work and improvements
hereinafter specified on or before July 31, 1992 , except the sidewalk
construction and lot corner monumentation which shall be completed upon
construction of the residential dwellings in Tract No . 4209 but no later
than July 31, 1993 , 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 July 31 , 1993 , 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 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 ",? li weather" street frontage
and access is constructed with approved streetlighting on line and
operational . The issuance of any occupancy permits by the City for
Subdivision Agreement
Tract No. 4209
Page 4
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. 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 Subdivider written 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 , monu.m.ents and lot corners required
to locate land divisions shown on the Final Map .
t
c '
Subdivision Agreement
Tract No. 4209
Page 5
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 underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc . of standards and luminaires
shall be in accordance with Resolution 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-11359 .
The amounts identified in early Sewer P-nd Water Agreement as "Wet-Tie
Charges" are estimates only and serve -s a deposit to cover the
actual cost of construction. Should t'-.e 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
Subdivision Agreement
Tract No. 4209
Page 6
be billed by the City of Fresno for the difference and shall be
directly responsible for payment .
i . The Subdivider is required to install State Standard "No
Parking Anytime" and "Tow Away Zone" Signs on South Fine Avenue
within the limits of the subdivision prior to occupancy of any
dwelling unit in a neighborhood block where parking is to be
prohibited
Spacing shall not exceed 150 feet depending on locations of
intersections and electroliers . The exact locations shall be
submitted to and approved by the City Traffic Engineer prior to
installation of sidewalks on the affected streets . Security for
these sign installations is included in the performance security,
based on the contingency portion of the total estimated cost of the
improvements .
j . 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 South Willow and South Fine Avenue
frontages 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 improvement security
in the amount of Two Thousand and 00/100 Dollars ($2 , 000/00) with the
City guaranteeing the preparation of the detailed landscaping and
irrigation plans for the required said landscape easements 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.
k. As a condition of final map approval, the Subdivider is
required to pay a street tree fee in accordance with the master fee
resolution. In lieu of paying the street tree fee, the Subdivider
has posted improvement security in the amount of One Thousand Two
Hundred Eighteen and 00/100 Dollars ($1,218 . 00) to guarantee
planting and maintenance until time of occupancy of the required
trees by the Subdivider until the City accepts the street trees for
maintenance purposes .
,
Subdivision Agreement
Tract No. 4209
Page 7
Prior to planting any street trees in the subdivision, the Subdivider
agrees to submit a detailed landscaping plan for the required
landscape easements 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 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.
1 . The Subdivider has accepted responsibility for street tree
planting and has posted Performance Security in the amount of Four
Thousand Six Hundred Eleven and 00/100 Dollars ($4 , 611 . 00) to secure
planting and maintenance until acceptance of the street trees by the
City Parks Department and occupancy and maintenance by lot owners .
Prior to planting any street trees in the Subdivision the Subdivider
agrees to submit a detailed landscaping plan 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 Subdivider agrees that
the City shall not be obligated to accept any tree which is not
included in the approved landscaping plan.
M. Perform and construct all work shown on the following
referenced plans [City Drawing Nos : 10-C-6004 through 10-C-6006 with
Water Job No. 3934 (3 sheets) inclusive, 15-C-7672 through 15-C-7677
(6 sheets) inclusive and 4-C-21 (1 sheet) inclusive] , unless
specifically omitted herein.
n. 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 .
o. The Subdivider has deposited with the City the sum of
Sixty-Seven Thousand Ten and 97/100 Dollars ($67, 010 .97) for the
following:
(1) Inspection Fees $7, 317 . 56
(2) Monument Check Fee
41 Lots @ $30 . 00/Lot $1, 230 . 00
(3) Intersection Signing, 6 @ $165 . 00/Ea $990 . 00
(4) Traffic Regulatory and Warning Signing ,
2 @ $73 . 00/Ea $146 . 00
,
4
Subdivision Agreement
Tract No . 4209
Page 8
(5) Street Tree Inspection Fee
(Privately planted lot street trees to
be maintained by the lot owners)
53 Street Trees @ $23 . 00/Tree $1 , 219 . 00
Street Tree Inspection Fee
(Privately planted buffer street trees
to be maintained by the City Landscape
Maintenance District)
14 Trees @ $23 . 00/Tree $322 . 00
(6) FMFCD Drainage Fee (Drainage Area "Z" ) $30, 420 . 00
Zoning Area Fee Rate Fee
R-1 7 . 1197 AC @ $2 , 450 . 00/AC $17, 443 . 00
R-2 2 . 8494 Ac @ $4 , 580 . 00/AC $13 , 050 . 00
Total FMFCD Drainage Fees . . . . . . $30 , 493 . 00
Less FMFCD Credits . . . . . . . . . . . . . [$ 73 . 001
Net FMFCD Drainage Fees . . . . . . . . $30 , 420 . 00
(7) Sanitary Sewer Fees (Lots 1 through 35*) $4 , 049 . 25
(a) Lateral Charge
468 . 09 LF @ $5 . 00/LF $2 , 340 . 45
(b) Oversize Charge
7 . 12 Ac @ $240 . 00/Ac $1, 708 . 80
(Note: Major Facilities Sewer Service
Charge to be paid as each lot is
developed at the current rate. )
Total Sewer Charges $4 . 049 . 25
* Refer to fee deferral covenant for sewer
connection charges for Lots 36 through 41
of Tract 4209 .
(8) Water Charges (Lots 1 throilah 35** ) $18 , 185 . 56
(a) Tap Charge
(Service Connections)
e
Subdivision Agreement
Tract No . 4209
Page 9
Lots 1-35
35-1" Meters @ $275 . 00/Ea $9 , 625 .00
Landscape Buffer S. Willow & S Fine Avenues
2-1" Meters @ $275 . 00/Ea $550 . 00
(b) Frontage
728 . 03 LF @ $3 . 25/LF $2 , 366 . 10
(c) Fire Hydrant Charge
(Zone District R-1)
215, 134 . 0 SF @ $0 . 75/100 SF $1, 613 . 51
(d) Transmission Grid Main
7 . 12 Ac @ $560 . 00/Ac $3 , 987 . 20
(e) Water Construction Charge
35 Lots @ $1 . 25 /Lot $43 . 75
Total Water Charges $18 , 185 . 56
** Refer to fee deferral covenant for water
connection charges for Lots 36 through 41
of Tract 4209 .
' (9) Landscape Maintenance District Fee $3 , 131 . 60
TOTAL FEES AND CHARGES $67, 010 , 97
(10) Fee Deferrals-Present Credits-Future Reimbursements
(a) Sewer Lateral Charges : Lots 36-41
Deferred by Covenant
622 . 64 LF @ $10 . 00/LF $6, 226 . 40
157 . 30 LF @ $5 . 00/LF $786 . 50
Total Sewer Lateral Charges $7 , 012 . 90
Subdivision Agreement
Tract No. 4209
Page 10
(b) Sewer Oversize Charges : Lots 36-41
Deferred by Covenant
2 . 85 Gross Ac @ $240/Gross Ac $684 . 00
Less Oversize Credit [$ 0 ]
Net Sewer Oversize Charge $684 . 00
(c) Water Service Connection Charges : Lots 36-41
Deferred by Covenant
6-2" Services @ $905 . 00/Ea $5 , 430 . 00
6-2" Meters @ $500 . 00/Ea $3 , 000 . 00
Total Water Service Connection Charges $8, 430 . 00
(d) Water Service Frontage Charges : Lots 36-41
Deferred by Covenant
622 . 64 LF @ $6 . 50/LF $4 , 047 . 16
157 . 30 LF @ $3 . 25/LF $511 . 22
Total Water Service Frontage Charges $4 , 558 . 38
(e) Water Transmission Grid Main Charge: Lots 36-41
Deferred by Covenant
2 . 85 Ac @ $560 . 00/Ac $1 , 596 . 00
Less TGM Credits [$ 0 ]
Net Water Transmission grid Main Charge $1, 596 . 00
(f) Water Construction Charge: Lots 36-41
Deferred by Covenant
6 Lots @ $1 . 25 /Lot $7 . 50
(g) Fire Hydrant Charge: Lots 36-41
Deferred by Covenant
(Zone District: R-1)
97, 630 SF @ $0 . 75/100 3F $732 . 00
(h) Fire Hydrant Reimbursement
3 F.H. @ $300 . 00/F.H. $900 . 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b of the Fresno Municipal Code
Subdivision Agreement
Tract No . 4209
Page 11
9 . Subdivider has paid to the City of Fresno, in accordance with
Article 13 , Chapter 13 of the Fresno Municipal Code, the required fee to
defray the costs of constructing planned local drainage facilities for
the removal of surface and storm waters from the subdivision.
10 . It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done, performed and
installed in strict accordance with the approved construction plans for
said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City, which said plans and specifications
and standards are hereby referred to and adopted and made a part of this
Agreement . In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California, Division of Highways . All of said work and
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City-.-
11 . Prior to the approval by the Council of the City of said final
map, the Subdivider shall furnish to the City:
a. Performance security in the sum of Two Hundred Sixty-Five
Thousand and 00/100 Dollars ($265, 000 . 00) , which is equal to 100% of
the total estimated cost of the work required. Five percent (5%) of
said amount , Thirteen Thousand Two Hundred Fifty and 00/100 Dollars
($13 , 250 . 00) , shall be cash or a Certificate of Deposit ; the
remaining 95%, Two Hundred Fifty-One Thousand Seven Hundred Fifty and
00/100 Dollars ($251, 750 . 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
Subdivision Agreement
Tract No . 4209
Page 12
b. Payment security in the sum of One Hundred Thirty-Two
Thousand Five Hundred and 00/100 Dollars ($132, 500 . 00) , which is
equal to 50% of the total estimated cost of the work required to
secure payment to all contractors and subcontractors performing work
on said improvements and all persons furnishing labor, materials or
equipment to them for said improvements .
Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the
City.
c. Performance security in the sum of Two Thousand and 00/100
Dollars ($2 , 000 . 00) , which is equal to 100% of the total estimated
cost of the preparation of Landscaping/Irrigation and wall
improvement plans for the required landscape easements . One hundred
percent (100%) of said amount shall be cashier Certificate of
Deposit, all to be conditioned upon the faithful performance of this
agreement .
d. Performance security in the sum of One Thousand Two Hundred
Eighteen and 00/100 Dollars ($1,218 . 00) , which is equal to 100% of
the total estimated cost of street tree planting and maintenance for
the required landscape easements . 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 Four Thousand Six Hundred
Eleven and 00/100 Dollars ($4 , 611 . 00) , which is equal to 100% of the
total estimated cost of street tree planting and maintenance for the
individual lot street trees planting 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 .
f. 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 Five Thousand Six
Hundred Fifty and 00/100 Dollars ($5 , 650 . 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
Subdivision Agreement
Tract No . 4209
Page 13
warranty security shall be in the form of cash or a Certificate of
Deposit . The warranty security shall be returned to the Subdivider, less
any amount required to be used for fulfillment of the warranty one ( 1)
year after final acceptance of the subdivision improvement .
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 t',e 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 . 4209
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
installationsshall 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
Subdivision Agreement
Tract No. 4209
Page 15
Subdivider or his agent . Billing for the private utility tests and any
required retesting due to failures shall be made directly to the
Subdivider or his agent .
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
Subdivision Agreement
Tract No . 4209
Page 16
defective work and unsuitable materials have been previously overlooked
by the Engineer or Inspector and accepted.
20. Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
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
Subdivision Agreement
Tract No . 4209
Page 17
after the mailing thereof as herein provided, the Subdivider shall not
have commenced to maintain adequate dust control or shall at any time
thereafter fail to maintain adequate dust control, the City Engineer may,
without further notice of any kind, cause any such street or streets to
be sprinkled or oiled, as he may deem advisable to eliminate the
scattering of dust, by equipment and personnel of City or by contract as
the City Engineer shall determine, and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor , the entire cost to City
of such sprinkling or oiling . When the surfacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen ( 14) calendar days , and the roadway
shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be
maintained during these operations .
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. 4209
Page 18
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
MARVIN D. JOHNSON, DIRECTOR RICHARD DEVEAU, a Married Man
PUBLIC WORKS DEPARTMENT as His Sole and Separate
Property
ATTES . By
char Deveau
JACQUELINE L. RYLE
CITY CLERK
By
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
By (Attach Notary Acknowledgment)
LR:j ld
` LAND144/+2345
Revised August 1, 1991
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STATE OF CALIFORNIA
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COUNTY S
CO OF
AUGUST 5, 1991
:.;........I...::::: :.: : ::: ;:'.;:::':::: On before me,
i;:::;:;:.:...................::: ::::::::::::::::::. m t' (Notary Name and Title)
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personally appeared RICHARD DEVEAU
P Y PP
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s
personally ktroved to me on the basis of satisfactory evidence)to be the person(s)whose name s'
M
known o me(or P
a� is/are subscribed to the within instrument and acknowledged to me that he/she/the executed the same in his/her/thei
............................. ..... .. c 9 Y i
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upor
behalf of which the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
CHARLENE HOLLAND
-- • NOTARY PUBLIC
FRESNO COUNTY, CALIFORNIA
Signature My C MM'Ssjon Expires Sep.19,1991
T-721 (Notarial Seal)
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 Flres and Other Emergencles
Sec.10.101.The chief and his authorized representatives,as may be in charge
at the sane of a fire or other emergency involving the protection of life and/or
property or any part thereof,shall have the power and authority to direct such
operation as may be necessary to extinguish or control any fire, perform any
rescue operation, investigate the existence of suspected or reported rues, 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 rue department and,in the judgment of the chief,any person not actually and
usefully employed in the extinguishing of such fire or m the preservation of
property in the vicinity thereof.
Interference with Flys Department
See.10.102.Any person who obstructs the operations of the fire department in
connection with extinguishing any fire. or other emergency, or disobeys any
lawful command of the chief or officer of the fire department who may be in
charge at such a scene,or any part thereof,or any police officer assisting the rue
department,shall be guilty of a misdemeanor.
Authority to Barricade
See.10.103.The chief or other officer of the fire department in charge at the
scene of an emergency shall have the authonty to place ropes.guards,barricades
or other obstructions acnm any street. alley, place or private property in the
vicinity of such open000 so as to prevent accident or interference with the lawful
efforts of the fire department to manage and control the situation and to handle-
rim
andlerue apparatus.
Division 11
GENERAL PROVISIONS
Tampering with Firs Equipment
See 10.201.No person shall molest.tamper with,damage or other-ise disu rb
1
ISM EDMON 10.201-10.206
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire 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 fire appliance required to be installed or maintained under the provi-
sions of this code except for the purpose of extinguishing fire.training purposes.
recharging,or making necessary repairs,or when permitted by the fire depart-
ment. Whenever a fire appliance is removed as herein permitted, it shall be
replaced or reinstalled as soon as the purpose for which it was removed has been
axomplished.
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 pubGe,unless such person fust secures a permit for use
from the chief.This section does not apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other valves.
Tampering with Barricades,etc.
Sec. 10.204. No person,except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove,unlock,destroy,
tamper with or otherwise molest in any manner any lock,gate,door.barricade,
chain,enclosure.sign.tag or seal which has been lawfully installed by the fire
department or by its order or under its control.
Closure of Roads or Tralle
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)Trespassbig.No person.except a public officer acting within the scope of
his public dudes,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 nail.
Obstruction of Fire Protection Equlpnwt
Sec. 10.206. (a) General. No person shall place or keep any post, (tate.
vehicle.growth.tush.storage arother material or thing creat any fire hydrant.fire
department connection or fire protection system control valve that would prevent
such equipment or hydrant from being immediately discernible or in any other
2
10.206.10.207 UNIFORM FIRE CODE
manner deter or hinder the fire department from gaining immediate access to said
equipment or hydrant.A minimum 3-foot clear space shall be maintained around
the circumference of the fire hydrants except as otherwise required or approved by
the chief.
(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
1 parking or other obstruction.
Firs 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.Fre apparatus access roads shall be required for every
f building hereafter constructed when any portion of an exterior wall of the fust
story is located more than 150 feet from fire department vehicle access. 'a
EXCEPTIONS: 1.W nen buildings are compteterypmeecred with an approved
automatic fire sprinkler system,the provisions of this section may be modified.
2. When access roadways canna be installed due to topography,waterways.
s nonnegotiable grades or other similar conditions,the chief may require additional
rite protection as specified in Section 10.301(b).
3.When there we eta more than two Group R.Division 3 or Group M Occupan-
cies,the requirements of this section may be modified,provided.in the opinion of
the chief,rue-fighting or rescue operations would not be unpaired.
More than one fire 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 factors that could limit access.
For high-piled combustible storage.see Section 81.109.
? (c).VAdth.The unobstructured width of a fire apparatus access road shall be not
a
less than 20 feet.
(d)Vertical Clearanea 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
i 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 fur:apparatus and shall be provided with a surface so
as to provide all-weather driving capabilities.
(g)7bruing Radius.The turning radius of a fire apparatus access rad shall be
as approved by the chief.
(h)Throarogads.All dead-end fire aopit acts access roads in excess of 150
fat in length shall be provided with approved provisions for the turning around of
fire apparatus.
*as measured by an ,Lxbst-r-c*gid mute around the
exterior of the buidling.
3
1988 EDITION 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.
6)Grade.The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief.
(k)Obstruction.The requited width of any fire apparatus access road shall not
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 idenufv such roads and
prohibit the obstruction thereof or both.
Premium Identlfleatlon
See.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
See.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 requite 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 shalt 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 seventy of probable fire. including the rapidity with
which it may spread.Such appliances shall be of a type suitable for the probable
class of fire associated with such building or prermses and shall have approval of
the chief.
K
(b)Special Hamrds. In occupancies of an especially hazardous nature or
where special hazards exist in addition to the normal hazard of the occupancy.or
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, 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-
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 are installed,they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
# (c)Water Supply.An approved water supply capable of supplying the required
fire flow for fire protection shall be provided to all premises upon which buildings
i 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
j 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 therequired fire flow.In setting
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 required fire flow shall be provided on the public street
oron 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
l shall be identified by the installation of reflective markers.
(e)Tlming 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 iincluding automatic sprinklers►,wet and dry standpipes.
basement inlet pipes,and other fire-protection systems and appurtenances thereto
shall west 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 specifica-
tion shall be subtrutted to the fire department for review and approval prior to
coasu=on.
Makdartance
See.10.302.(a)General.All sprinkler systems,fire hydrant systems.stand-
pipe systems, foe alarm systems, portable fire extinguishers. smoke and heat
5
1988 EDMON 10.302-10.304
ventilators, smoke-removal systems and other fire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fire-protective orexiinguishing
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.All additions,repairs,altera-
tions and servicing shall be in accordance with recognized standards,
EXCEPTION:Systems nes required by this or any abet code need not be
extended,altered nor augmented.
N
(b)Systems in High-rise Buildings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operable condition
at alltimes.Unless otherwise required by the chief,quarterly cess 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-control Systems. Mechanical smoke-control systems.such as in
high-rise buildings,buildings containing atria,covered mall 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
cess of such systems shall be conducted by approved persons.A written record
shall be maintained and be made available to the inspection authority.
6
Tract No . 4209
P.W. File No . 9057
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on March 29 1991
in the office of the Fresno County Recorder in Book -------------------
Page ---------------- Document No . 91036623 of which the
Deed of Trust in by and between Richard Deveau
as Trustor, Regency Service Corporation as Trustee,
and Regency Bank as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Subdivision Agreement for Tract No . 4209 ,
"Willowood Estates No. 2 . "
DATED: August 6 1991
(Attach Notary Acknowledgement)
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►` STATE OF CALIFORNIA)
SS.COUNTY OF FRESNO )
On this491day of-�-�� S f in the yaer g befor/e the undersigned. s Notary Publ'c in and
for said State. personaYly appeared
personally known to be to be the persons who executed the within instrueent as ��President and / /fit
Secretary. respectively of the Corporation therein named. and acknowledged to me that the Corporation executed
It pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and offical seal. =;Wft�p
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