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HomeMy WebLinkAboutT-4224 - Agreement/Covenant - 7/7/2006 ' Mrulw TO: 92154154 '``CLftL� ^` I(`VII—,I%M' CITY OF FRESNO CENT T SLE GOMF'AbUi DEVELOPh1ENT DEPAR-MMMT 2600 Frame,Street FRESNO CA 93721-3604 Q► MIN. PAST OCT 0 $ 1992 FRESNO CWt4-(V.�AuFOF"A WILLIAM C.GREENWOOD.County RSCOK ' • F PLEASE CONFORMEE rr RE ABOVE SPACE FOR RECO�Y DRR'S USE------ - -------- P. W. File No . 9061 Public Works Department City of Fresno SUBDIVISION AGREEMENT Tract No. 4224 Phase I of Tentative Tract No. 4224 THIS AGREEMENT is made this /-VA day of 199 L , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City, " and Peachtree Partners, a California General Partnership, c/o Santa Fe Developers, 2211 North Fine #200, Fresno, California 93727, 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. 4224 , Phase I of Tentative Tract No. 4224 , a copy of which map is Subdivision Agreement Tract 4224 Page 2 attached to and made a part of this Agreement, and said Subdivider has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. 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 4224 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 (except in that work identified for Lot 55 and 56) hereinafter specified on or before July 31, 1993 , except the sidewalk construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract No . No . 4224 but no later than July 31, 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 July 4, 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 . The Subdivider shall perform the work and improvements identified for Lot 55 and 56 on or before June 31, 1995 to the satisfaction of the Director of Public Works and/or the City Engineer of the City of Fresno 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 ��i10 . 207(a) , 10 . 301 (c) , 10 . 301(d) , and 10 . 301(e) shown in Exhibit "A" e Subdivision Agreement Tract 4224 Page 4 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 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. f Subdivision Agreement Tract 4224 Page 5 8 . The work and improvements are as follows : a . Construct all landmarks , monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City' s final acceptance of the subdivision and release of securities , the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider ' s engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider ' s attention is directed to the installation of street lights in accordance with Resolution No . 68-187 and Resolution No . 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights . The Subdivider shall construct a complete 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 . Subdivision Agreement Tract 4224 Page 6 h. Wet-Ties shall be in accordance with Estimate No . E-11025 . The amounts identified below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess . Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment . i . As a condition of final map approval the developer is required to install landscaping and an irrigation system in a 10-foot landscape easement along the East Olive Avenue 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 . Prior to planting any street trees in the subdivision, the Subdivider agrees to submit a detailed landscaping plan for the above named landscape easement of the subdivision to the City Parks Department for approval . The plan shall include the types , location, and number of trees 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. j . Perform and construct all work shown on the following referenced plans [City Drawing Nos : 10-C-5670 through 10-C-5674 with Water Job No . 3908 (5 sheets) inclusive, 15-C-7685 through 15-C-7693 ( 12 sheets) inclusive, and 4-C-213 ( 1 sheet) inclusive, Fresno Metropolitan Flood Control District Nos : G-9-1 through G-9-2 (2 sheets) inclusive) , unless specifically omitted herein. k. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans . 1 . The Subdivider has deposited with the City the sum of Ninety One Thousand One Hundred Forty One and 74/100 Dollars ($91, 141 . 74) for the following : ( 1) Inspection Fees $23, 685 . 15 (2) Monument Check Fee 56 Lots @ $30 . 00/Lot $1, 680 . 00 ` Subdivision Agreement Tract 4224 Page 7 (3) Intersection Signing, 9 @ $165 . 00/Ea $1,485 .00 (4) Traffic Regulatory and Warning Signing, 3 @ $73 . 00/Ea $219 .00 (5) Street Trees (City planted lot street trees to be maintained by the lot owners) 109 Street Trees @ $90 . 00/Tree $9 , 810 . 00 Street Tree Field Inspection Fee (Privately planted buffer street trees to be maintained by City Landscape Maintenance District No. 1 $129 .00 (6) Sewer Trench Water Compaction Charge, 2 , 488 . 0 CY @ $0 . 08/CY $199 . 04 (7) Sanitary Sewer Fees $14 ,970 .45 (a) Lateral Charge 2 . 037 . 45 LF @ $5 . 00/LF $10, 187. 25 (b) Oversize Charge 19 . 93 Ac @ $240 . 00/Ac $4 , 783 . 20 (Note: Major Facilities Sewer Service Charge to be paid as each lot is developed at the then current rate. ) Total Sewer Charges $14 , 970 .45 (8) Water Charges $35,043 . 10 (a) "Wet-Tie" Charge $8 , 600 . 00 (Estimate No. 11025) (Water Job No. 3908) (b) Tap Charge (Service Connections) Olive Ave. Landscaping 4-2" Meters @ $500 . 00/Ea $2, 000 . 00 Lots 19 & 56 2-1 . 5" Meters @ $445 . 00 Ea $890 . 00 Subdivision Agreement Tract 4224 Page 8 All other Lots 53-1" Meters @ $275 . 00Ea $14 , 575 . 00 (c) Frontage 764 . 04 LF @ $3 . 25/LF $2, 483 . 13 (d) Fire Hydrant Charge (Zone District C-1, Lot 55) 176, 003 . 0 SF @ $1. 25/100 SF $2, 200 . 04 (Zone District R-1, Lots 1-54 and R-P, Lot 56) 563 , 657 . 0 SF @ $0 . 75/100 SF $4 , 227 . 43 (e) Water Construction Charge 54 R-1 Lots @ $1 . 25 /Lot $67 . 50 Total Water Charges $35 , 043 . 10 (9) Landscape Maintenance District Fee $ 3 , 921 . 00 TOTAL FEES AND CHARGES $91, 141 . 74 ( 10) Fee Deferrals-Present Credits-Future Reimbursements (a) Transmission Grid Main Charge - Present Credit-Future Reimbursement 19 . 93 Ac @ $560. 00/Ac $11, 160 .80 Less TGM Credits ($13,320 .00] Net Charge $ 0 Paid with Credit: Future Reimbursements shall be made in accordance with Section 14-107 . 1(d) of the Fresno Municipal Code. (b) Fire Hydrant Reimbursement 5 F.H. @ $300 . 00/F.H. $1, 500. 00 Future Reimbursements shall be made in accordance with Section 14-107 . 1b of the Fresno Municipal Code. Subdivision Agreement Tract 4224 Page 9 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 Eight Hundred Three Thousand and 00/100 Dollars ($803 , 000. 00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Forty Thousand One Hundred Fifty and 00/100 Dollars ($40, 150 . 00) , shall be cash or a Certificate of Deposit . For this project, the remaining performance security of Seven Hundred Sixty-Two Thousand Eight Hundred Fifty and 00/100 Dollars ($762 , 850 . 00) will be secured as follows : Subdivision Agreement Tract 4224 Page 10 1) Improvements to be installed for the subdivision, excluding improvements for the Lot 55 and 56 development, Five Hundred Seventeen Thousand Seven Hundred Fifty and 00/100 Dollars ($517, 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 . 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. 2) Improvements to be installed for Lot 55 and 56 development, Two Hundred Forty Five Thousand One Hundred and 00/100 Dollars ($245, 100 . 00) shall be in the form of a First Deed of Trust . b. Payment security in the sum of Four Hundred One Thousand Five Hundred and 00/100 Dollars ($401, 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 . For this project the payment security shall be as follows : 1) Improvements to be installed for the subdivision, excluding improvements for the Lot 55 and 56 development; Two Hundred Seventy Two Thousand Five Hundred and 00/100 dollars ($272 , 500 . 00) shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. 2) Improvements to be installed for Lot 55 and 56 development, One Hundred Twenty Nine Thousand and 00/100 Dollars ($129 , 000 . 00) shall be in the form of a First Deed of Trust . The use of a deed of Trust as a real property security for the required work for Lots 55 and 56 of the subdivision in being utilized in accordance with Section 66499 (4) and in compliance with the procedures of section 66499 (5) (b) of the State Subdivision Map Act . The Subdivider shall agree to indemnify, defend and hold the City harmless from any liability, cost , damage, fines , penalties , administrative cost and expenses or judicial , administrative or any other cause of action that the City may directly or indirectly incur by accepting, holding , foreclosing or perfecting its secured interest in the subject property. C . 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 as follows : Subdivision Agreement Tract 4224 Page 11 1) For all work (except work pertaining to Lot 55 and 56) , warranty security shall be in the amount of Six Thousand Four Hundred Seventy and 00/100 Dollars ($6 ,470 . 00) ; 2) For work included in Lot 55 and 56 , warranty security shall be in the amount of Three Thousand Forty Five and 00/100 Dollars ($3 , 045 . 00) ; The above warranty security shall be retained as a guarantee and warranty for the work for a period of on ( 1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit . The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement . 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 Subdivision Agreement Tract 4224 Page 12 subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 14 . The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one ( 1) year from the date of acceptance of the work. 15 . The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers ' Compensation and shall maintain a valid policy of Workers ' Compensation Insurance for the duration of the period of construction. 16 . Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno . Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines . All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent . Subdivision Agreement Tract 4224 Page 13 Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City' s requirements shall be reordered by the City and paid for by the Subdivider or his agent . Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent . 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 Subdivision Agreement Tract 4.224 Page 14 Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 20 . Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of 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 Subdivision Agreement Tract 4224 Page 15 Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer . If, within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or oiling . When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations . 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 4224 Page 16 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation PEACHTREE PARTNERS, a California General Partnership MARVIN D. JOHNSON, DIRECTOR PUBLIC WORKS DEPARTMENT Santa Fe Developers , A California General Partnership, General Partner (Formerly known as King Development Co . , a General Partner) ATTE • •� JACQUELINE L. RYLE By CITY CLERK Jeffrey . Ki g, Partner By / »'' By eputy Ronald D. Prestridge, Partner APPROVED AS TO FORM: Valley Finest Products, Inc. , a California Corporation, DBA HARVEY WALLACE Valley Pacific Investments City Attorney / General Partner By j V 4�f� Paul G. Wasemiller, n President By P oaV;d �, as�M►1 <r Secretary By v rances itan, General Partner ' By -�/�.�.n 1�i William H. Huffm n General Partner LR:jld: lb:crm/LAND155/+2514 Revised: 7/16/92 (Attach Notary Acknowledgment(s) ) STATE IF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this day of G[.c c..G,(-c in the year /992 before me, -»c�cy, CLr�� personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as 'Pc a� of the CITY OF FRESNO and acknowledged to me that the CITY OF FRESNO executed it. JACQUELINE L. RYLE, CMC CITY CLERK 49 DEPUTY STATE OF CALIFORNIA COUNTY OF FRESNO On July U5 , 1992, before me, PATTI WASEMILLER, a Notary Public in and for said state, personally appeared JEFFREY H. KING, General Partner of SANTA FE DEVELOPERS, a California General Partnership, General Partner of Peachtree Partners, a California General Partnership, personally known to we (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) , and that by his signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS,my hand and official seal. f PATTI WASEMILLER (Si ature) TTI WASEMILLER Notary Public Fresno County,Caitornia My comm. March 31, 1995 STATE OF CALIFORNIA COUNTY OF FRESNO On July IS, 1992, before me, MARY CLEMENT, a Notary Public in and for said state, personally appeared PAUL G. WASEMILLER, President and P. DAVID WASEMILLER, Secretary of VALLEY FINEST PRODUCTS, INC., a California corporation dba Valley Pacific Investments, General Partner of Peachtree Partners, a California General Partnership, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies) , and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ( ignat ) MARY Cs elk3- r'c�iLOCO:NTY `1�CcmmssIan E.cM, Nov. 15, 1994 STATE OF CALIFORNIA COUNTY OF FRESNO On July (S, 1992, before me, PATTI WASEMILLER, a Notary Public in and for said state, personally appeared Ron Prestridge, General Partner of SANTA FE DEVELOPERS, a California general partnership, general partner of Peachtree Partners, a California General Partnership personally ]mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) , and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \ r wo ILLER (Signature) PATTI WASEMILLER cfornia1, 1995 STATE OF CALIFORNIA COUNTY OF FRESNO On July LS, 1992, before me, PATTI WASEMILLER, a Notary Public in and for said state, personally appeared WILLIAM H. HUFFMAN, General Partner of Peachtree Partners, a California General Partnership, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nam(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) , and that by his signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNEhand and official seal. PATTI WASEMILLER (sign tune) PATTI WASEMILLER Notary Public Fresno County,Caiifornia Py Comm. Exp. MPrch 31, 1995 I STATE OF CALIFORNIA COUN'T'Y OF FRESNO On July 15, 1992, before me, PATTI WASEMILLER, a Notary Public in and for said state, personally appeared FRANCES HUFFMAN, General Partner of Peachtree Partners, a California General Partnership, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies) , and that by her signature(s) on the instruvent the person(s) , or the entity upon behalf of which the person(s) acted, executed- the instrument. WITNESS hand and official seal. PATTI WASEMILLER (si )` PATTI WASEMILLER Notary Publlc Fresno County,California My Comm. Exp.March 31, '.935 Tract No . 4224 P.W. File No . 9061 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on FEBRUARY 26, 19 92 , in the office of the Fresno County Recorder in Book Page Document No . 90021890 of which the Deed of Trust i n by and between PEAQHTREE PARTNERS, A CALIFORNIA (SAI, P WIMISHIIP as Trustor, UNION BANK A CALIFORNIA CORPORATION , as Trustee, and UNION BANK, A CALIFORNIA CORPORATION as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No . 4224 , Phase I of Tentative Tract No . 4224 . DATED: UNION BANK, A CALIFORNIA CORPORATION SEE EXHIBIT "A" ATTACHED HERETO AND MADE -�— A PART HEREOF FOR PEACHTREE PARTNERS BY: �/�� 'f✓✓ l SIGNATURES as G. alker, iss' tant Vice President D. R'. einhardt, Vice President (Attach Notary Acknowledaement) LR: jld LAND155/+2514 EXHIBIT "A" PEACHTREE PARTNERS, A CALIFORNIA PARTNERSHIP BY: SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER q BY� JEFF E KPATNER DATE BY: ( O--a S�-.9 -)-- RONALD D. PRESTRIDGE, RTNER DATE BY: VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION, DBA VALLEY PACIFIC INVESTMENTS, GENERAL PARTNER BY: Z4CL - ,-I'9AUL WAS ILLER, ESIDENT DATE BY; to - 'I (- c l SECRETARY DATE BY: - ;z-1 FRANCES HUFFMA , ,f;ENERAL PARTNER DATEf BY: •WILLIAM H. HUFFMN, GENERAL PARTNER 6XTE -- PArn WASEMILLER •. Notary Public FmnMy Comm,caHomia _ E�a f�M 31. 1995 - PAri n WASENUER Not;,ry pudic 7 Fresno County.cagorr is My CO.,�n Exo.March 3). 1935 STATE OF CALIFORNIA) COUNTY OF FRESNO )S.S. On this �+-4. day of -Z-y-rQ__ 1931 before me, the undersigned, a Notary Public in and to for said County and State, personally appeared JEFFREY H. RING, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to- the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAT-- PATTI WASEMILLER STATE OF CALIFORNIA) COUNTY OF FRESNO ) SS. On this day of � _ ,19before me, the undersigned, a Notary Public in and for said Couinty and State, personally appeared PAUL G. WASEMILLER, PRESIDENT AND P. DAVID WASEMILLER, SECRETARY OF VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION dba VALLEY PACIFIC INVESTMENTS, C;ENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL h+.4 ' C';..�IENT 1 MARY Cr 'NOTA` f"i=F �- _�C;RN;A :fA i' FRES O 0-` i; � try COUNTY OF FRESNO )S.S. On this o — day of 19�i before me, the undersigned, a Notary Public in and to for said County and State, personally appeared RONALD D. PRESTRIDGE, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL �� PATn W7;C ILLER PATTI WASEMI ER Notaic STATE OF CALIFORNIA) Fresno Couliiforda COUNTY OF FRESNO ) SS. My Comm.Exp31, 1935 On this ZQ (a�day ofC�_.�Q ,19c�-I-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared WILLIAM H. HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL PATTI WASEMILLER Notary Public PA."LTI WASEMILLER Fresno County,California STATE OF CALIFORNIA) i1a My Comm Exp.Mach 31, 1995 COUNTY OF FRESNO ) SS On this a day of S �- - ,19 �L before me, the undersigned, a Notary Public in and for said County and State, personally appeared FRANCES HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL �;4' PATTI WASEMILLER PArn WASENNLLER Notary Public Fresno County,California My Conus Exp.Mach 31. 1995 State of California ) County of Fresno ) On June 25, 1992 before me, Dorothy L. Murphy, a Notary Public in and for said State., personally appeared Thomas G. Walker , Assistant Vice President and D. R. Reinhardt. Vice President respectively, of UNION BANK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the person(s) , or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my ha and official e Signature: �^ .c (Seal) DOROTHY L MURPHY OOMK 0961907 Notary PubiFCaftr. FRESNO COUNTY MY Mmm-axPWU MAR 2-1.1996 Tract No . 4224 P.W. File No . 9061 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 26, 19 90 in the office of the Fresno County Recorder .in Book Page Document No. 90021892 of which the Deed of Trust in by and between PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP as Trustor, STEWART TITLE OF FRESNO COUNTY , as Trustee, and BETSY HUFFMAN, AN UNMARRIED WOMAN as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4224 , Phase I of Tentative Tract No. 4224 . DATED: 191 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR PEACHTREE BETSY HU FMAN ff PARTNERS SIGNATURES (Attach Notary Acknowledgement) LR: jld LAND155/+2514 EXHIBIT "A" PEACHTREE PARTNERS, A CALIFORNIA PARTNERSHIP BY: SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER JE F REY KIN PARTNER DATE BY tk G -a�'-�-I, _ RONALD D. PRESTRIDGE, TNER DATE BY: VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION, DBA VALLEY PACIFIC INVESTMENTS, GENERAL PARTNER BY �2A;UL G. WASS IL ER, P SIDENT // DATE c BY; LP - cJ--7 SECRETARY DATE C F NCES� HUF /, ENERAL PARTNER DATE B Y: �- WILLIAM H. HUFFMA , GENERAL PARTNER DATE Eftesmw w sEMILtUR otary Public County,��(� m UP.M"31;1%05 STATE OF CALIFORNIA) COUNTY OF FRESNO )S.S. On this ` day of 3CVY`Q 19�� before me, the undersigned, a Notary Public in and to for said County and State, personally appeared JEFFREY H. RING, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed -the instrument. WITNESS MY HAND AND OFFICIAL SEAL.. TTI ASFI-a= STATE OF CALIFORNIA) COUNTY OF FRESNO ) SS. On this day of ,1 SSL '19-2;!,7 before me, the undersigned, a Notary Public in and for said Couinty and State, personally appeared PAUL G. WASEMILLER, PRESIDENT AND P. DAVID WASEMILLER, SECRETARY OF VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION dba VALLEY PACIFIC INVESTMENTS, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL -�. s-aL MARY ti_7aR`l �LEAf,E�T ark FRii:0PAL 0;FiC= iRNAN `yESN0 CLUN,Y My r�T�`s:� . tics. 15. 1994 SI-ATE OF CAMIFURNTA-) COUNTY OF FRESNO )S.S. On this � _ day of 1932.,_ before me, the undersigned, a Notary Public in and to for said County and State, personally appeared RONALD D. PRESTRIDGE, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL S Jim PArn WASE�R ATTI WASEMILLER Notary Put*c STATE OF CALIFORNIA) Fresno County.CsTif0l" COUNTY OF FRESNO ) SS. My Comm Exp.March 31,1995 On this Jk=day of �-Tu-Yv-- ,1910-, before me, the undersigned, a Notary Public in and for said County and State, personally appeared WILLIAM H. HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL PATTI WASEMILLER Notary Pudic Fresno County,Caffornia STATE OF CALIFORNIA) PATI My Comm. Exp.March 31, 1995 COUNTY OF FRESNO ) SS On this oZ9 +f*' day of wti.a_ ,19q.2�=, before me, the undersigned, a Notary Public in and for said County and State, personally appeared FRANCES HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SMt:� PATT I WAS EM I LL R PAM WASEMILLER Notary Public Fresno County.Cailornfa My Comm Exp.March 31,1995 STATE OF CALIFORNIA ) COUNTY OF Fresno ) SS. q On this s K day of '3t � 19 (-Z; before we, the undersigned, a Notary Public in and for said County and State, personally appeared RF'PSY FHJFFMAN personally known to me (or proved to we on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS h1Y BAND AND OFFICIAL SEAL_ PATTI WASEMILLER ..... Notary Public �� Fresno County,Caliil'omia ary Public in and for said State My Comm Exp.March 31,1 995 PATrI WASEMILLER SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 26, , 19_90, in the office of the Fresno County Recorder in Book Page Document No. 90021891 of which the Deed of Trust in by and between PEACHTREE PARTNERS A CALIFORNIA GENERAL PARTNERSHII as Trustor , STEWART TITLE OF FRESNO COUN'T'Y as Trustee, and S T . NNR cHARTToN ANDyIR,INIA HuFFmAN LIPARI as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No . 4224 , Phase I of Tentative Tract No . 4224 . DATED: 19 / Z See Exhibit "A" attached hereto and made a part hereof for Peachtree9-s.- Partners signatures suakk CHARL VI NIA HUF LIPARI (Attach Notary Acknowledgement) LR: jld LAND155/+2514 EXHIBIT "A" PEACHTREE PARTNERS, A CALIFORNIA PARTNERSHIP BY: SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER B Y• .►,r, - JEF KIN PARTNER DAT BY: & - RONALD D. PRESTRIDGE, NER DATE BY: VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION, DBA VALLEY PACIFIC INVESTMENTS, GENERAL PARTNER PAUL G. WA M LER, ESIDENT DATE qq BY; SECRETARY DATE B Y: FAANCES HUFF GENERAL PARTNER DATE B Y: , 4 7�I WILLIAM H. HUFt,-IJAN, GENERAL PARTNER DATE PAM WASEINLUR Notary Public Fresno County,California My Corr.Ev.March 3l, 1995 STATE OF CALIFORNIA) COUNTY OF FRESNO )S.S. On this day of J'M� 19 - -- before me, the undersigned, a Notary Public in and to for said County and State, personally appeared JEFFREY ti. RING, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to- the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. _ v PATTI WASEMILLER STATE OF CALIFORNIA) COUNTY OF FRESNO ) SS. On this µ day of _ ,19ftj_, before me, the undersigned, a Notary Public in and for said Couinty and State, personally appeared PAUL G. WASEMILLER, PRESIDENT AND P. DAVID WASEMILLER, SECRETARY OF VALLEY FINEST PRODUCTS, INC. , A CALIFORNIA CORPORATION dba VALLEY PACIFIC INVESTMENTS, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL c=� � � MARY Cr MARY CL'E' MENT NOTARY PUBL C-CAL'FORNIA PR'NCIPAL OFFICE iN FRESNO COUNTY tity Ccm.^�ds.- �Exo.:tiov. 15. 1994 COUNTY OF FRESNO )S— S-on this o284�' day of 19_.1 before me, the undersigned, a Notary Public in and to for said County and State, personally appeared RONALD D. PRESTRIDGE, GENERAL PARTNER OF SANTA FE DEVELOPERS, A CALIFORNIA GENERAL PARTNERSHIP, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatures on the insutrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL U�ffi- PA'1M WASEMILLER PATTI WASEMI ER Notary Public STATE OF CALIFORNIA) County,Cakhxrra COUNTY OF FRESNO ) SS. omm EKO.March 31, 1995 On this 2( AV- day of au-v Q- , 19i7i before me, the undersigned, a Notary Public in and for said County and State, personally appeared WILLIAM H. HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL PATTI WASENALLER `�— Notary Public PA TI WASEMILIER Fresno County,Caf nia STATE OF CALIFORNIA) My Comm UP.March 31,1935 COUNTY OF FRESNO ) SS On this oar]"' day of Z-<s y-,Q— , 19 before me, the undersigned, a Notary Public in and for said County and State, personally appeared FRANCES HUFFMAN, GENERAL PARTNER OF PEACHTREE PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL PATTI WASEMILLER PATTI WASEIIMLM Notary Public Fresno County,Cafdotnla My comm.Exp,March 31, 1995 STATE OF CALIFORNIA ) COUN'T'Y OF FRESNO ) SS_ On this C_�day of � _ 191.).--, before me, the undersigned, a Notary Public in and for said County and State, personally appeared SUZANNE C HART TCNv personally known to me (or proved to me on the basis of satisfactory evidence) to . be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behaff-of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. EI& PATTI WADPftubkNotary Notary Public in and for said State sno CourPAM WASEMILLER omm f�cp. S'rNIT' OF CAI J I-')R\!I A ) Cour,riti' 01.' FRESNO ) SS. On this 29th day of June 19 92, before me, the undersigned, a Notary Public in and for said County and State, personally appeared VIRGINIA HUFFMAN LIPARI personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. C. ROSENTHAL NOTARY PUBLIC s FRESNO COUNTY,CALIFORNIA Notary Public in and for said State My Commission Expires Jan.24, 094 11C. ROSENTHAL 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 fire or other emergency involving the protection of life and/or property or any part thereof, shall have the power and authority to direct such operation as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. In the exercise of such power.the chief may prohibit any person,vehicle.vessel or thing from approach- ing the scene and may remove or cause to be removed or kept away from the scene any vehicle.vessel or thing which may impede or interfere with the operations of the fire department and.in the judgment of the chief,any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof. Interference with Fire Department Sec.10.102.Any person who obstructs the operations of the fire department in connection with extinguishing any fire. or other emergency, or disobeys any lawful command of the chief or officer of the fire department who may be in charge at such a scene.or any pan 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 fire department in charge at the scene of an emergency shall have the authority to place ropes.guarAs,barricades or other obstructions across any street. alley. place or private property in the vicinity of such operation so as to prevent accident or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus. Division II GENERAL PROVISIONS Tampering with Fire Equipment Sec 10.201.No person shall molest.tamper with.damage or otherwise disturb 19U EDITION 10.201-10.204 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 rite hydrant or fire appliance required to be installed or maintained under the provi- sions of this code except for the purpose of extinguishing rue.training purposes. recharging, or making accessary repairs.or when permitted by the fire depart- ment. Whenever a fine 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 fuo suppression purposes and which is accessible to any public highway.alley or private way open to or generally used by the public,unless such person first secures a permit for use from the chief.This section does not apply to the use of a hydrant or other valves by a person employed by and authorized to make such use by the water company which supplies water to such hydrants or other valves. Tampering with Barricades.etc. Sec. 10.204. No person. except a person authorized by the chief or a public officer acting within the scope of his public duties,shall remove.unlock.destroy, tamper with or otherwise molest in any manner any lock.gate.door.barricade. chain,enclosure, sign, tag or seal which has been lawfully installed by the rite 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. i (b)Trespassing.No person,except a public officer acting within the scope of his public duties.shall trespass upon any mad 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.mesh.storage or other material or thing hear any fire hydrant.firs department connection or fere protection system control valve that would prevent such equipment or hydrant from being irnmediately discernible or in any other 10.20010.207 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. 1 (b)Identification of Hydrants or Equipment.All fire protection equipment or hydrants shall be clearly identified in a manner approved by the chief to pmvent parking or other obstruction. Fire Apparatus Access Roads Sec. 10.207.(a)General. Foe apparatus access roads shall be provided and maintained in accordance with the provisions of this section. (b)Where Required. Fire apparatus access mads shall be required for every building hereafter constructed when any portion of an exterior wall of the fust story is located more than 1.50 fen►from rut department vehicle access.# EXCEPTIONS: 1.W nen bunaings are compteteli(protected wtth in approved automatic fur sprirWer 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 fur 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 modifued,provided,in the opinion of the chief,fire-fighting or rescue operations would not be impaired. 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)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 ate 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 If support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (g)Turning Radius.The turning radius of a fie apparatus access road shall be as approved by the chief. (h)Turnarounds. All dead-end fie apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fact apparatus. *as 7ieasured by an unobstructed route around the exterior of the buidling. 3 1988 EDITION 102"-10—IM (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. (j)Grade.The gradient for a fur:apparatus access road shall not exceed the maximum approved by the chief. (k)Obstruction.The required width of any fire apparatus access road shall not be obstructed in any mariner, including parking of vehicles. Minimum requited widths and clearances established under this section shall be maintained at all times. (1)Signs. When required.approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. Premises Identiflcation 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.Wben 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 rim-righting purposes.the chief may require a key box to be installed in an accessible location.The key box shall be a type appii9ved by the chief and shall contain keys to gain necessary access as required by the chief. Division 111 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 fut, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. K (b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy,or 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, trate 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- manic sprinkler or water spray systems,standpipe and hose.fixed or portable fie extinguishers, suitable asbestos blankets, breathing apparatus.manual or auto- manic 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 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 1 measured by an approved route around the exterior of the building,there shall be provided,when required by the chief,on-site fire hydrants and mains capable of supplying the required fire flow. $ Water supply may consist of reservoirs,pressure tanks.elevated tanks,water mains or other fixed systems capable of providing the required fire flow.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 fine flow shall be provided on the public stmt 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 :Markets. When required by the chief. hydrant locations shall be identified by the installation of reflective markers. (e)Timing of Installation.When fine 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.fie- 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 fire department as to installation and location and shall be subject to such periodic tests as required by the chief.Plans and specifrea- dons shall be submitted to the fire department for review and approval prior to construction. Malydenance Sec. 10.302.(a)General. All sprinkler systems. fire hydrant systems.stand- pipe systems. fire alarm systems. portable fur extinguishers. smoke and heat 1968 EDITION 10-M-10.304 ventilators. smoke-removal systems and other fm-protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and shall be replaced or repaired wbere defective.Fire-protective or extinguishing systems coverage.spacing and specifications shall be maintained in accordance with recognized standards at all times.Such systems shall be attended,altered or augmented as necessary to maimain and continue protection whenever any build- ing so equipped is altered,remodeled or added oa All additions,repairs.altera tions and servicing shall be in accordance with recognized standards. EXCEPTION:Systems am req,;- by this or nap other code need not be extended,altered nor anamesmed. K (b)System In BIgh-rise Buildings.The building owner shall be responsible for assuring that the fur 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 othcrwisc required by the chief.quarterly tests of such systems shall be conducted by approved persons.A written tecord shall be maintained and be made available to the inspection authority. (c)Smoke-am&W Systems.Mechanical smoke-control systems,such as in high-rise buildings,buildings containing atria,covered mall buildings and me- chanical ventilation systems of smokepwd cock==,shall be maintained in operable condition at all times.Unless otherwise requited 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. 6