Loading...
HomeMy WebLinkAboutT-4377 - Agreement/Covenant - 7/6/2006 ,P P. W. File No. 9278 Public Works Department UGM No. 460 City of Fresno SUBDIVISION AGREEMENT Tract No. 4377 (Phase I of Tentative Tract No. 4377) THIS AGREEMENT is made this 3A-Z(- day of 199y , by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City, " and CENTEX REAL ESTATE CORPORATION, a Nevada Corporation, c/o Mangano Homes, 1840 South Central Avenue, Visalia, California 93277, hereinafter designated and called the "Owner" and, shall be 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 Owner and located within the corporate limits of the City, and known and described as Tract No. 4377, a copy of which map is attached to and made a part of this Agreement, and fi Subdivision Agreement Tract No. 4377 Page 2 said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. 2 . The City requires, as a condition precedent to the acceptance and approval of said map, the dedication of such streets, highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said map shall be improved by the construction and the installation of the improvements hereinafter specified. 3 . 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 desires to construct the improvements and develop the subdivision. 5 . 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 . 6 . All such instruments of subordination, if any, are attached hereto and made a part of this instrument. • 1 Subdivision Agreement Tract No. 4377 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 : 7. The Subdivider and the City do hereby mutually agree as follows: a . The Subdivider shall perform the work and improvements hereinafter specified on or before April 31, 1995, except the sidewalk and driveway approach construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract No. 4377 but no later than April 31, 1996, to the satisfaction of the Director of Public Works and/or the City Engineer of the City as provided by Code. b. The Subdivision lot and buffer trees shall be planted by April 31, 1996, 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. c. The shallow well, well-head treatment equipment, and the raw water line must be completed within thirty months after the first " building permit (other than model home permits) is issued for Tract No. 4377. Should funds become available and the City is able to commit such funds towards the construction and completion of all or portions of these improvements within the thirty (30) month period, the Subdivider shall be relieved of the obligation for such construction committed by the City and the Subdivider shall be eligible to reduce the amount of performance securities by an amount approved by the Public Works Director. d. 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 . 105(c) , 10 . 201, 10 .401, 10 . 402, 10 . 403 , and 10 . 502 shown in Exhibit "A" attached hereto and hereby made a part of this Agreement . No occupancy permit shall be issued until- an approved "all weather" street frontage and access is constructed with approved streetlighting on line and operational. The issuance of any occupancy permits by the City for dwellings located within said T Subdivision Agreement Tract No . 4377 Page 4 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. 8 . 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 . 9 . 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 Subdivision Agreement Tract No. 4377 Page 5 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 including construction of a water supply well at Well Site No. 152 with well head treatment facilities 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-12466. 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 Subdivider is required to install landscaping and an irrigation system in a 15-foot landscape easement along the East Church Avenue frontage of the Subdivision and in a 15-foot landscape easement along the South Clovis Avenue frontage of the subdivision. The Owner 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 Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. Subdivision Agreement Tract No. 4377 Page 6 j . As a condition of final map approval, the Subdivider is required to pay a street tree fee for lot trees in accordance with the master fee resolution. In lieu of paying street tree fees for the required individual lot tree planting; the Subdivider has accepted responsibility for street tree planting and has posted Performance Security in the amount of Sixteen Thousand Four Hundred Seventy and 00/100 Dollars ($16, 470 . 00) to secure planting and maintenance until acceptance of the street trees by the City Parks Department and occupancy and maintenance by lot owners . 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 accepted responsibility for the buffer street tree planting and has posted performance security in the amount of One Thousand Six Hundred Twenty and 00/100 Dollars ($1, 620 . 00) to guarantee planting and maintenance by the Subdivider until the City accepts the required buffer street trees for maintenance purposes . Prior to planting any street trees in the subdivision, the Subdivider agrees to submit a detailed landscaping plan for the East Church Avenue and South Clovis Avenue frontages 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 . Perform and construct all work shown on the following referenced plans [City Drawing Nos . 10-C-6437 through 10-C-6449 with Water Job No . 4059 (13 sheets) inclusive, 15-C-8334 through 15-C-8358 (25 sheets) inclusive, 4-C-261 through 4-C-262 (2 sheets) inclusive and F.M.F.C.D. Drawing Nos . BH-1-1 through BH-1-8 (8 sheets) inclusive] , unless specifically omitted herein. M. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans . n. The Subdivider has deposited with the City the sum of Two Hundred Sixty-Four Thousand Nine Hundred Ninety and 93/100 Dollars ($264, 990 .93) for the following : ( 1) Inspection Fees $54 , 611. 14 (2) Monument Check Fee 124 Lots @ $30. 00/Lot $3 ,720 .00 1 Subdivision Agreement Tract No. 4377 Page 7 (3) Intersection Signing, 17 @ $165.00/Ea $2 , 805 . 00 (4) Traffic Regulatory and Warning Signing, 11 @ $73 .00/Ea $803 . 00 (5) Street Trees (Privately planted lot street trees to be maintained by the lot owners) 183 Street Trees @ $24/Tree $4 , 392 . 00 Street Tree Field Inspection Fee $ 134 .00 (6) Pond Maintenance Fee, 13 , 750 . SF @ $0.20/SF $2 , 750 . 00 (7) Sewer Trench Water Compaction Charge, 8 , 330 CY @ $0 . 10/CY $833 . 00 (8) Sanitary Sewer Fees $103 , 589 . 90 (a) Lateral Charge 700.22 LF @ $5 . 00/LF $3, 501 . 10 (b) Oversize Charge (UGM Reimbursement Area No. 35) 30 . 57 Ac @ $240 . 00/Ac $7,336 . 80 (c) Trunk Sewer Charge Fowler Trunk Sewer Service Area 124 Units @ $748 .00/units $92,752 .00 (Note: Major Facilities Sewer Service Charge and wastewater Facilities Sewer Charge are to be paid as each lot is developed at the then current rate. ) Total Sewer Charges $103 ,589 . 90 (9) Water Charges $61, 105 . 04 (a) "wet-Tie" Charge $16,400 .00 (Estimate No. 12466) (Water Job No. 4059) Subdivision Agreement Tract No. 4377 Page 8 (b) Tap Charge (Service Connections) 116-1" meters @ $275 .00/Ea $31, 900. 00 8-1%" meters @ $445 . 00/Ea $3 , 560 .00 (lots 7, 9 , 20, 21,33 , 60, 98, 103 1-%" meters) 2 - 1" meters @ $275 .00/Ea $ 550 .00 (landscape services) (c) Frontage 423 . 50 LF @ $3 .25/LF $1,376 .38 (d) Fire Hydrant Charge (Zone District R-1/UGM) 955 , 155 .0 SF @ $0 . 75/100 SF $7, 163 . 66 (e) UGM Well Development Charge (Supply Well No. 501-5) 30 . 57 Ac @ $1, 522 . 00/AC $46, 527 . 54 Less Well Credits ($326, 093 . 00] Paid with credits (£) Water Construction Charge 124 Lots @ $1 . 25 /Lot $155 .00 Total Water Charges $61. 105 . 04 (10) UGM Major Street Bridge Charge (Zone D-1/E-2) 29 .28 Ac @ $210 .00/Ac $6, 148 . 80 (11) UGM Traffic Signal Charge $16, 930 . 80 29 .28 Ac @ $860 . 00/Ac $25 , 180 . 80 Less Traffic Signal Credit [$8, 250 . 00] Net Traffic Signal Charge $16, 930 . 80 this zone (12) Landscape Maintenance District Fee $7, 168.25 TOTAL FEES AND CHARGES $264 . 990 . 93 a Subdivision Agreement Tract No. 4377 Page 9 (13) Fee Deferrals-Present Credits-Future Reimbursements (a) UGM Fire Station Fees Deferred by Covenant Service Area No. 15 Zone District R-1/UGM 30 . 57 Ac @ $605 . 00/Ac $18,494 . 85 (b) UGM Neighborhood Park Fees Deferred by Covenant Service Area No. 2 Zone District R-1/UGM 30 . 57 Ac @ $1, 650 .00/Ac $50, 440. 50 (c) Sanitary Sewer Oversize Charge Present Credit-Future Reimbursement 30 . 57 Ac @ $240 . 00/Ac $7,336 . 80 Future Reimbursements shall be made in accordance with Section 9-503. 2 of the Fresno Municipal Code. (UGM Reimbursement Area No. 35) (d) Fire Hydrant Charge - Zone District: R-1/UGM Present Credit-Future Reimbursement 955155 SF @ $0. 75/100/SF $7, 163 . 66 Future Reimbursements shall be made in accordance with Section 14-107(b) of the Fresno Municipal Code. (e) Transmission Grid Main Charge - Present Credit-Future Reimbursement 30 . 57 Ac @ $560 .00/Ac $17, 119 .20 Less TGM Credits [$17, 139 . 00] Net Charge Paid W/Credits Future Reimbursements shall be made in accordance with Section 14-107 . 1(d) (1) of the Fresno Municipal Code. (UGM Reimbursement Area No. D) Subdivision Agreement Tract No. 4377 Page 10 (f) UGM Well Development Charge (Supply Well No. 501-S) 30 . 57 Ac @ $1, 522 . 00/Ac $46, 527. 54 Less Well Credits [$326,093 .00] Net Well Charge Paid w/Credits Future Reimbursements shall be made in accordance with Section 14-107. 1(d) (2) of the Fresno Municipal Code. (g) UGM Major Street Charge Present Credit-Future Reimbursement Zone D-1/E-2 29 .28 Ac @ $2, 180 . 00/Ac $63 , 830 .40 Less Major Street Credit [$73,941 .00] Net Charge Paid W/Credits Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code. (h') UGM Major Street Bridge Charge Present Credit-Future Reimbursement Zone D-1/E-2 29 .28 Ac @ $210 .'00/Ac $6, 148 . 00 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code. (i) UGM Traffic Signal Charges Present Credit-Future Reimbursement 29 .28 Ac @ $860. 00/Ac $25, 180 . 80 Less Signal Credit [$8,250 . 00] Net Charge $16,930 .80 Future Reimbursements shall be made in accordance with Section 11-226(f) of the Fresno Municipal Code. (j ) Fire Hydrant Reimbursement 12 F.H. @ $300 .00/F.H. $3 , 600.00 Future Reimbursements shall be made in accordance with Section 14-107. 1b of the Fresno Municipal Code. Subdivision Agreement Tract No . 4377 Page 11 10 . 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. a . The Subdivider allocates lots 1 and 2 for use as temporary facilities to alleviate the flooding and drainage problem anticipated to be caused by this subdivision and its improvements .until such time as the City, through its Public Works Director, releases in writing such lots from such use. The Subdivider shall improve such facilities pursuant to City approved construction plans and, upon completion of such improvements, the City is permitted to enter such lots and shall maintain such facilities until such written release is issued. The Subdivider shall not commence any backfilling operation of the temporary facilities unless the Public Works Director so authorizes in writing . The Subdivider agrees that the City may deny issuance of any building permit relating to such lots until the City issues its written release. No written release shall be issued unless the City Engineer is satisfied that all temporary facilities have been backfilled and compacted properly and all temporary drainage structures, such as inlets, outlets , pipes, and similar structures, have been plugged, removed, and disposed of in accordance with the Standard Specifications of the City. 11 . It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Specifications of the City, which said plans and specifications and standards are hereby referred to and adopted and made a part of this Agreement . In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and Subdivision Agreement Tract No . 4377 Page 12 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. 12 . . 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 Million Two Hundred Eighty Thousand and 00/100 Dollars ($2, 280, 000 . 00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, One Hundred Four Thousand and 00/100 Dollars ($104 , 000 . 00) , shall be cash or a Certificate of Deposit; the remaining 95%, One Million Nine Hundred Seventy six Thousand and 00/100 Dollars ($1, 976, 000 . 00) shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and b. Payment security in the sum of One Million Forty Thousand and 00/100 Dollars ($1, 040, 000 .00) , which is equal to 50% of the total estimated cost of the work required to secure payment to - all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. C. Performance security in the sum of Sixteen Thousand Four Hundred Seventy and 00/100 Dollars ($16, 470 . 00) , which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement . d. Performance security in the sum of One Thousand Sia Hundred Twenty and 00/100 Dollars ($1, 620 .00) , which is equal to 100% of the total estimated cost of buffer street tree planting and maintenance Subdivision Agreement Tract No. 4377 Page 13 required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement . e. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 13 . On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Fifteen Thousand Nine Hundred and 00/100 Dollars ($15,900 .00) , for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit . The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement . 14 . This Agreement shall in no way be construed as a grant by the City of any rights to Owner to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 15 . 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, defend, and save the City harmless from and against any and all injuries Subdivision Agreement Tract No. 4377 Page 14 to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly -or indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider' s agents, employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 16 . 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. 17 . 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 Subdivision Agreement Tract No. 4377 Page 15 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. 18. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include. street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent . Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City' s requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility testsand any required retesting due to failures shall be made directly to the - Subdivider or his agent. 19 . The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 20 . 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 Subdivision Agreement Tract No . 4377 Page 16 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. 21. whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider• of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 22 . 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. 23 . 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 Subdivision Agreement Tract No. 4377 Page 17 dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this .Agreement on behalf of the Subdivider or, at the election of - the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer . If, within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time - thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the 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 Subdivision Agreement Tract No. 4377 Page 18 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 . 24 . 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. 25 . 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 . 26. 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. ivision Agreement t No . 4377 19 26 . No assignment of this Agreement or of any duty or obligation of ormance hereunder shall be made in whole or in part by the Subdivider out the written consent of City. The parties have executed this Agreement on the day and year first e written. OF FRESNO, OWNER inicipal Corporation CENTEX REAL ESTATE CO ORATION [OND G. SALAZAR, ACTING DIRECTOR a Nevada C Frporation ,IC WORKS DEPARTMENT By: Richard a gd n tl Vice Pr dent-Central .ST: Valley ivision and Assistant Secretary ?UELINE L. RYLE ! CLERK Deputy (Attach Notary Acknowledgment) tOVED AS TO FORM: 'sS P. OUGH A me cac:dlk:crm )408/+6485 1 L77-L89 -- - }s_ sem.• '•iii-'-. J3 STATE OF CALIFORNIA11 COUNTY OF �.l S.S. l qq � W On before me. e Notary Public in and for said County aid State.personally appeared FOR NOTARY SFX OR srAMr+ � 61 personally known to me(or proved to me W the basis of satisfactory evidence)to be the persons)whose names)islare subscribed to the within instrument and acknowledged to me that ha✓aheJthey executed R.IAEPSIEY i the same in h�iaRwItheir auth nPueed capacdypo).and that by hialherAheir COa+AA•bic c—Caifornia 1005579signature(s)on the instrument the person(s).or the entity upon behalf z10hoy Notary TULARE COUNTY of which the person(s)acted,executed the instrument Comm.Expires SEP 26.1497 WITNESS my hand and official seal Signature F 2492(5.91) . T Subdivision Agreement Tract No. 4377 Page 20 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) AI On 2 _- 1994 before me, personally a peared Aadd= d- personally known to me or proved to me on the basis of satisfactory evidence) to be the persons(l) whose name(N) is/ams subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ ee r authorized capacity(ies4 , and that by his/he ' heir signature()() on the instrument(j() the person(X) , or the entity upon behalf of the CITY OF FRESNO of which the person(,) acted, executed the instrument. WITNESS my hand and official seal. JACQUELINE L. RYLE, CMC CITY CLERK By ( 4�r"b&4 'IDEPUTY BJW:cac:dlk:crm LAND408/+6485/b GL2 L77-L89 1991 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR FIRE SAFETY ARTICLE 10 FIRE PROTECTION Division GENERAL Scope See. 10.101. Fire protection shall be in accordance with this article. Definitions Sec. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM, FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see Article 9. Permits Sec. 10.103. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 4.108. EXCEPTION: A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. Tampering with Fire-protection Equipment and Site Barriers See. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances belonging to or under the supervision and control of the fire department shall not be molested, tampered with, damaged or otherwise disturbed unless authorized by the chief. (b) Fire Hydrants and Fire Appliances. Fire hydrants and fire appliances required by this code to be installed or maintained shall not be removed, tampered with or otherwise disturbed except for the purpose of extinguishing fire, training, recharging, or making necessary repairs, or when allowed by the fire department. When a fire appliance is removed as herein allowed, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. (c) Site Barriers. Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXHIBIT "A" PAGE 1 1991 UNIFORM FIRE CODE EXCEPTION: When authorized by the chief or performed by public officers acting, within their scope of duty. Obstruction, Identification and Protection of Fire Hydrants and Fire- protection Equipment Sec. 10.105. (a) Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or things shall not be placed or kept near fire hydrants, fire department inlet connections or fire-protection system control valves in a manner that would prevent such equipment or fire hydrants from being, immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to Fire-protection equipment or hydrants. A 3-foot clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved by the chief. (b) Identification. Fire-protection equipment and fire hydrants shall be clearly identified in a mariner approved by the chief to prevent obstruction by parking and other obstructions. (c) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. (d) Protection of Fire Hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. Closure of Accessways Sec. 10.106. (a) General. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, crates and barricades shall be secured in an approved manner. When required to be secured, roads, trails and other accessways shall not be used unless authorized by the owner and the chief. (b) Trespassing. Trespassing upon roads, trails and other accessways which have been closed and obstructed in the manner prescribed by this section is prohibited. EXCEPTION: Persons authorized by the chief and public officers acting within their scope of duty. (c) Obstruction. Vehicles shall not be parked in a manner which obstructs the entrance to roads, trails or other accessways which have been closed and obstructed in the manner prescribed by this section. Fire Protection in Mobile Home and Recreational Vehicle Parks See. 10.107. Mobile home and recreational vehicle parks shall provide and maintain fire hydrants and access roads in accordance with Divisions II and IV. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. EXHIBIT "A" PAGE 2 1991 UNIFORM FIRE CODE Division II FIRE APPARATUS ACCESS ROADS General Sec. 10.201. Fire apparatus access roads shall be provided and maintained in accordance with this division. Plans Sec. 10.202. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Required Access Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the fust story of the building, is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified by the chief. 2. When access roads cannot be installed due to topography, waterways, nonnegotiable grades or, other similar conditions, the chief is authorized to require addi- tional fire protection as specified in Section 10.501 (b). 3. When there are not more than two Group R, Division 3, or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. More than one fire apparatus road shall be provided 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 (a). For open yard storage, see Section 30.102. For hazardous materials, see Article 80. For fire safety during construction, alteration or demolition of a building, see Section 87.103 (b). EXHIBIT » p n PAGE 3 4 � a 1991 UNIFORM FIRE CODE Specifications Sec. 10.204. (a) Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. EXCEPTION: Upon approval by the chief, 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. Vertical clearances or widths shall be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. (b) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (c) Turning Radius. The minimum radius of a fire apparatus access road shall be as approved by the chief. (d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (e) 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 shall use designed live loading sufficient to carry the imposed loads of fire apparatus. (f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Obstruction See. 10.205. The required width of a 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. Marking See. 10.206. 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. Division III FIRE DEPARTMENT ACCESS TO BUILDINGS Premises identification Sec. 10.301. (a) General. Approved numbers or addresses shall be placed on all new and existing buildings in such as 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, streets and roads shall be identified with approved signs. EXHIBIT "A" PAGE 4 1991 UNIFORM FIRE CODE Key Boxes Sec. 10.302. 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 firefighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the chief and shall contain keys to contain necessary access as required by the chief. Shaftway Marking Sec. 10-303. Exterior windows in buildings used for manufacturing or for storage on shaftways or other vertical Means of storage purposes which open dire communication between two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at least 6 inches high on a white background. Warning signs shall be easily discernible from the outside of the building. Door and window openings on such shaftways from the interior of the building shall be similarly marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the shaftway from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance. Exterior Doors See. 10.304. (a) Obstruction and Elimination. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch wide and at least 6 inches high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Article 12 for exit doors. (b) Access Doors and Openings. For firefighting purposes, access doors, openings and exit doors shall be provided and readily accessible in occupancies as required by the Building., - Code. For access doors for high-piled combustible storage, see Section 81.109 (b). Floor Openings See. 10.305. Floor openings shall be surrounded by guardrails as set forth in the Building Code or shall have covers which are automatic closing or maintained in a closed position at all times. Division IV WATER SUPPLIES FOR FIRE PROTECTION General Sec. 10.401. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are here after constructed or moved into or within the jurisdiction. When any portion EXHIBIT "A" PAGE 5 1991 UNIFORM FIRE CODE of the facility or building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior or of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the chief. Type of Water Supply Sec. 10.402. 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 M-A. Fire Hydrants Sec. 10.403.The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by the chief. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Division II. For fire safety during construction, alteration or demolition of a building, see Section 87.103 (c). Division V INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS General Sec. 10.501. (a) Type Required. The chief is authorized to designate the type and number of fire appliances to be installed and maintained in and upon all building,s and premises in the jurisdiction other than private dwellings. This designation shall be based upon the relative _ severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. (b) Special Hazards. For occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, the chief is authorized to require additional safeguards 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, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable fire blankets, g apparatus, manual or automatic covers, carbon dioxide, foam, halogenated or dry chemical or other special fire extinguishing systems. Where such systems are provided, they shall be designed and installed in accordance with the applicable Uniform Fire Code Standards. (c) Buildings under Construction. Fire-protection equipment and systems shall be installed and maintained in buildings under construction in accordance with Article 87. EXHIBIT "A„ PAGE 6 1991 UNIFORM FIRE CODE Timing of installation Sec. 10:502. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. EXCEPTION: When alternate methods of protection, as approved by the chief. are provided, the above may be modified or waived. EXHIBIT "A" PAGE 7