HomeMy WebLinkAboutT-4564 - Agreement/Covenant - 8/18/2006 (2) P. W. File No . 9495 Public Works Department
UGM No . 479 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 4564
Phase III of Tentative Tract No. 4480
THIS AGREEMENT is made this 1� day of AaseitA,lo.4 19m,
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter
designated and called the "City, " and THE HIGHLANDS AT FORT WASHINGTON, a
California Limited Partnership, 575 East Locust , Suite 104 , Fresno ,
California, 93720, hereinafter designated. and called the "Owner" and the
"Developer" . The "Owner" and the "Developer" shall hereinafter
collectively and individually where applicable, shall be jointly
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
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No. 4480
Page 2
No . 4564/UGM 479 , Phase III of Tentative Tract No . 4480, a copy of which
map is attached to and made a part of this Agreement , and said Subdivider
has requested the City to accept the dedications delineated and shown on
said map for the use and purposes specified thereon, and to otherwise
approve said map in order that the same may be recorded, as required by
law.
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 .
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 3
6 . All such instruments of subordination, if any, are attached
hereto and made a part of this instrument .
AGREEMENT
In consideration of the acceptance of the offers of dedication of the
streets, highways, public ways, easements and facilities as shown and
delineated on said map, and the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider
and the City do hereby mutually agree as follows :
7 . The Subdivider shall perform the work and improvements
hereinafter specified on or before December 31, 1994 , except the sidewalk
and driveway approach construction (excluding driveways without sidewalks
which may be further deferred upon request to the Public Works Director)
and lot corner monumentation which shall be completed upon construction
of the residential dwellings in Tract No. 4564 but no later than December
31, 1995, 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 December 31, 1995, or upon occupancy of
each individual dwelling, whichever occurs first, to the satisfaction of
the director of the City Parks Department as provided by code. Issuance
of building permits for any structure within the subdivision shall
conform to the requirements of the Uniform Fire Code (UFC) . The
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 4
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 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
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 5
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
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 .
Section 12-1011(h) of the City of Fresno Municipal Code requires the
undergrounding of overhead utilities within the subdivision .
Completion of all undergrounding of overhead utilities will be
required by Construction Management prior to release of securities .
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 , including
construction of wellhead Treatment Facilities at well Site No . 168-1,
shall be provided in accordance with applicable provisions of Chapter
9 , Article 5 of the Fresno Municipal Code and all applicable charges
shall apply.
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 6
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-12992 .
The amounts identified in the Early Sewer and Water Construction
Agreement , dated June 22 , 1993 , 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 10-foot
landscape easement along the East Saint Andrew Drive frontage and the
median island adjacent of the subdivision. The Subdivider is also
required to install landscaping and an irrigation system in 20-foot
landscape easements along the North Maple Avenue frontage of the
subdivision . The Subdivider has executed a covenant with the City of
Fresno guaranteeing maintenance of the required landscaping until
such time as a Maintenance District has been formed to provide for
continued care and maintenance of the required landscaping . The
Subdivider also agrees to sign a petition asking the Council to
include this Tract in the existing City ' s Landscaping and Lighting
Maintenance District .
Pursuant to Section 12-1013 ( Improvement Plans and Profiles) of the
Fresno Municipal Code, the Subdivider has posted improvement security
in the amount of Five Thousand Five Hundred and 00/100 Dollars
($5 , 500 . 00) with the City guaranteeing the preparation of the
detailed landscaping irrigation and wall plans for the required
landscaping to be approved by the City.
The Subdivider agrees that , in the event the required plans have not
been submitted by the Subdivider to the City for approval within 90
days of the execution of this agreement by the City, the City shall
use the security posted to cause the preparation of the required
landscaping irrigation and wall plans .
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 7
Prior to planting any street trees in the subdivision, the Subdivider
agrees to submit a detailed landscaping plan for the above named
landscape easements along the East Saint Andrew Drive and North Maple
Avenue frontages and along with the East Saint Andrew Drive median
island adjacent of 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 . 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 Eight Thousand One Hundred
Ninety and 00/100 Dollars ($8 , 190 . 00) to secure planting and
maintenance until acceptance of the street trees by the City Parks
Department and occupancy and maintenance by lot owners .
The Subdivider has entered into a "Developer Tree Planting Agreement"
with the City and shall obtain a street work permit for all landscape
installation shown on the plans as part of the "Developer Tree
Planting Agreement, " the tree planting plan shall include the types,
location, and number of trees and show all landscaping proposed for
planting on Public and/or City controlled property. The Subdivider
agrees that the City shall not be obligated to accept any tree which
is not included in the approved landscaping plan.
k. Perform and construct all work shown on the following
referenced plans (City Drawing Nos : 10-C-6599 through 10-C-6607 with
Water Job No . 4108 (9 sheets) inclusive; 15-C-8472 through 15-C-8461
( 10 sheets) inclusive; and 4-C-323 through 4-C-324 (2 sheets)
inclusive] , unless specifically omitted herein.
1 . 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 .
M. The Subdivider has deposited with the City the sum of two
Hundred Seventy-Three Thousand Four Hundred Ninety and 23/100 Dollars
($273 , 490 . 23 ) for the following :
( 1) Inspection Fees $3, 439 .27
( 2) Monument Check Fee
57 Lots @ $30 . 00/Lot $1,710 .00
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No. 4480
Page 8
(3) Intersection Signing, 8 @ $165 . 00/Ea $1,320.00
(4) Traffic Regulatory and Warning Signing,
8 @ $73 . 00/Ea $584 .00
(5) Street Trees Field Inspection Fee
(City planted lot street trees to be
maintained by the lot owners)
91 Street Trees @ $23 . 00/Tree $2,093 .00
Street Tree Field Inspection Fee $129 .00
(Privately planted buffer and median
island street trees to be maintained by
the City Landscape and Lighting
Maintenance District No . 1)
( 6) FMFCD Drainage Fee; Drainage Area "BZ" ,
Zone Rating ; R-1
15 . 5508 AC @ $4 , 600 . 00/AC $71, 534 .00
(7) UGM Fire Station Fees ;
(Service Area No . 21 ; Zone District R-1/UGM)
Due for Early Issuance of Building Permit
Lots : 29 through 33 and 35 through 43 , $6 , 532 . 68
inclusive
( 8) UGM Park Fees ;
(Service Area No . 7 ; Zone District R-1/UGM)
Due for Early Issuance of Building Permit
Lots : 29 through 33 and 35 through 43 ,
inclusive $7,954 .05
(9 ) Sanitary Sewer Fees $40,413 . 00
(a) Trunk Sewer Charge
Herndon Trunk Sewer Service Area
57 Units @ $709 . 00/units $40, 413 . 00
(Note : Major Facilities Sewer Service
Charge and the Wastewater Facilities Sewer
Charge , if applicable, are to be paid as
each lot is developed at the then current
rate . )
Total Sewer Charges $40 . 413 .00
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 9
( 10) Water Charges $96, 668 .81
(a) Tap Charge
(Service Connections)
Landscaping East Saint Andrew Drive
buffer and median island
1-1 . 5" meter @ $445 . 00/EA $445 . 00
Landscaping North Maple Avenue
1-1" meter @ $275 . 00/Ea $275 . 00
Lots : 37-39 & 51
4-1 . 5" meters @ $445 . 00/Ea $1, 780 . 00
All Other Lots
53-1" meters @ $275 . 00/Ea $14 , 575 . 00
(b) Fire Hydrant Charge (Zone District R-1/UGM)
471, 568 . 0 SF @ $0 . 75/100 SF $3 , 536 . 76
(c) UGM Well Development Charge
(Supply Well No . 101-5)
16 . 55 Ac @ $1, 836 . 00/Ac $30, 385 . 80
(d) Water Construction Charge
57 Lots @ $1 . 25/Lot $71 . 25
(e) Well Head Treatment Fee
Units by: Living Units
Woodward Park Well Head Treatment Service Area
57 Units @ 535 . 00/Unit $30, 495 . 00
( f) Recharge Fees
Units by: Living Units
Woodward Park Recharge Service Area
57 units @ $265 . 00/Unit $15 , 105 . 00
Total Water Charges $96, 688 . 81
( 11) UGM Major Street Charge (Zone F) $10 , 272 . 00
15 . 79 Ac @ $2, 500 .00/Ac $39, 475 .00
Less Major Street Credit [$29 , 203 .00]
Net Major Street Charge $10, 272 . 00
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No. 4480
Page 10
(12) UGM Major Street Bridge Charge (Zone F)
15 .79 Ac @ $50 . 00/Ac $789 .50
(13) UGM Traffic Signal Charge
15 . 79 Ac @ $860 . 00/Ac $13 , 579 .40
(14 ) UGM Major Street Construction
Charge (Widening Friant Road)
15 .79 Ac @ $134 . 00/Ac $2, 115 .86
(15) Landscape Maintenance District Fee $14 , 355 . 66
TOTAL FEES AND CHARGES $273 ,490 .23
( 15) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fees
Deferred by Covenant
Service Area No . 21
Zone District R-1/UGM
16 . 55 Ac @ $1 , 388 . 00/Ac $22 , 971. 40
Less Early Issuance of
Building Permit
Lots : 29 through 33
and 35 through 43 , inclusive ($6 , 532 . 68]
Net Fire Station Fees Deferred by
Covenant $16, 438 . 72
(b) UGM Neighborhood Park Fees
Deferred by Covenant
Service Area No . 7
Zone District R-1/UGM
16 . 55 Ac @ $1 , 690 . 00/Ac $27, 969 . 50
Less Early Issuance of
Building Permit
Lots : 29 through 33
and 35 through 43 , inclusive ($7, 954 . 05)
Net Park Fees Deferred by Covenant $20 , 015 . 45
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 11
(c) Sanitary Sewer Oversize Charge
Present Credit-Future Reimbursement
16 . 55 Ac @ $240 . 00/Ac $3 , 972 . 00
Less Oversize Credits [$105, 617 . 96]
Net Charge -0-
Paid with credits
Future Reimbursements shall be made in accordance
with Section 9-503 . 2 of the Fresno Municipal Code .
(UGM Reimbursement Area No . 43)
(d) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
16 . 55 Ac @ $560 . 00/Ac $9 , 268 . 00
Less TGM Credits [$28 , 479 . 74]
Net Charge -0-
Paid with credits
Future Reimbursements shall be made in
accordance with Section 14-107 . 1(d) ( 1) of the
Fresno Municipal Code.
(UGM Reimbursement Area No . A)
(e) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone F
15 . 79 Ac @ $2 , 500 . 00/Ac $39 , 475 . 00
Less Major Street Credit [$29 , 203 . 00]
Net Charge ... _ $10, 272 . 00
Future Reimbursements shall be made in
accordance with Section 11-226(f) of the Fresno
Municipal Code .
( f) Fire Hydrant Reimbursement
4 F .H. @ $300 . 00/F .H. $1, 200 . 00
Future Reimbursements shall be made in
accordance with Section 14-107 . 1b of the Fresno
Municipal Code .
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 12
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.
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
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 Nine Hundred One Thousand
and 00/100 Dollars ($901 , 000 . 00) , which is equal to 100% of the total
estimated cost of the work required. Five percent ( 5%) of said
amount , Forty-Five Thousand Fifty and 00/100 Dollars ($45 , 050 . 00) ,
shall be cash or a Certificate of Deposit ; the remaining 95%, Eight
Hundred Fifty-Five Thousand Nine Hundred Fifty and 00/100 Dollars
($855 , 950 . 00) shall be in the form of a bond or irrevocable
instrument of credit ; all to be conditioned upon the faithful
performance of this Agreement ; and
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 13
b. Payment security in the sum of Four Hundred Fifty Thousand
Five Hundred and 00/100 Dollars ($450 , 500 . 00) , which is equal to 50%
of the total estimated cost of the work required to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them for said improvements .
Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the
City.
C . Performance security in the sum of Five Thousand Five
Hundred and 00/100 Dollars ($5 , 500 . 00) , which is equal to 100% of the
total estimated cost of the preparation of Landscaping/Irrigation and
wall improvement plans required. One hundred percent (100%) of said
amount shall be cashier Certificate of Deposit , all to be conditioned
upon the faithful performance of this agreement .
d . Performance security in the sum of Eight Thousand One
Hundred Ninety and 00/100 Dollars ($8, 190 . 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 .
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 Ten Thousand Two
Five and 00/100 Dollars ($10 , 005 . 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 .
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 14
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
to and deaths of persons , and all claims, demands, costs , loss, damage
and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon
the street rights-of-way in said subdivision and upon the premises
adjacent thereto pursuant to this Agreement, and also from all injuries
to and deaths of persons , and all claims, demands, costs , loss , damage
and liability, howsoever same may be caused, either directly or
indirectly made or suffered by the Subdivider, the Subdivider ' s agents ,
employees and subcontractors , while engaged in the performance of said
work . The Subdivider further agrees that the use for any purpose and by
any person of any and all of the streets and improvements hereinbefore
specified, shall be at the sole and exclusive risk of the Subdivider at
all times prior to final acceptance by the City of the completed street
and other improvements thereon and therein.
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 15
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 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
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 16
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 .
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
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
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 17
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
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
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 18
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 .
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.
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 19
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
THE HIGHLANDS AT FORT WASHINGTON
a California Limited Partnership
RAYMOND G . SALAZAR, ACTING DIRECTOR
PUBLIC WORKS DEPARTMENT By: Wathen-Castanos , Inc .
a CaliforniaCorpo ation
as General Pt er
_A4
ATTEST: By: 14-
wi�
Kevin C s anos
JACQUELINE L. RYLE Preside t
CITY CLERK _
Byct- » .t�, J ttim�ic B . .0
Deputy4Z"1-chard G. Wathen r . ,
Secretary
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
JAm
LOU H
i y At o
By
LR:crm:dlk:cac
LAND390/+6247
GL19 L77-L89
Revised: 11/05/93
1�
Subdivision Agreement
Tract No . 4564/UGM 479
Phase III of Tentative Tract No . 4480
Page 20
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 1993, before me: C&W
personally appeared R personally
known to me (or provided to me 6n 'the basis of satisfactory evidence)
to be the persons(;d) whose name(,!) is/a-ri-e subscribed to the within
instrument and acknowledged to me that he/sbA64t+mT executed the same
in his/hee4..he - authorized capacity(ies) , and that by his/
signature(,$) on the instrument(if) 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
DEPUTY
LR:crm:cac
LAND390/+6247
STATE OF CAUFORN
W COUNTY OF R�� ) S.S.
W I�
On belore me.
a NOWY Public in and for said County and personalty appeared Fon ntorMY SEAL On STAID
W
personally known to me(or proved to me on the basis of sudslactory
y evidence)to be the persons)whoee ttams(s)isfare subscribed to the
within instrument and acfuowledcged to me that halsftel "executed
the same in hWherAheir auttlorized capscity(iss►.and that by hisffferAfreir
signature(s)on the instrument the pwson(*or the entity upon behalf
of which the oerson(s) acted. executed the in strutnent. � 4
NITNESS my hand and official Seel i ��_"ff
3igna�ure I
1991 UNIFORM FIRE CODE 10.101-10.104
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
GENERAL
Scope
Sec. 10.101. Fire protection shall be in accordance with this article..
Definitions
Sec. 10.102. For definitions of AUTONLNTIC 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
Sec. 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 rein-
stalled 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.
PAGE 1 EXIMIT "All
10.10410.107 1991 UNIFORM FIRE CODE
EXCEPTIOti: 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 manner approved by the chief to prevent obstruction by parking and
other obstructions.
(c)Fire Hydrant Nlarkers.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 sates or other approved barricades across roads, trails or other
accessways, not including public streets, alleys or highways.
IN,-hen required, gates 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 prohib-
ited.
EXCEPTION: Persons authorized by the chief and public officers acting within
their scope of Bury.
(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
Sec. 10.107. Mobile home and recreational vehicle parks shall provide and -
mainmin fire hydrants and access roads in accordance with Divisions H and IV.
EXCEPTION: Recreational vehicle parks located in remote area shall be
provided with protection and access roadways as required by the chief.
PAGE 2 EXHMIT "A"
1991 UNIFORM FIRE CODE 10.201-10.204
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. 10.302. 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 first 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: I. 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,nonne-
gotiable 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).
Specifications
Sec. 10-204. (a) Dimensions Fire apparatus access roads shall have an unob-
structed width of not less than 20 feet and an unobstructed vertical clearance of not
less than 13 feet 6 inches.
EXCEYnON: 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.
PAGE 3 r, vTTT'2 Tm It A It
10.204-10.302 1991 UNIFORM FIRE CODE
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 turning 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 abridge 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
Sec. 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
Sec. 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. 10301. (a) General. Approved numbers or addresses shall be placed on
all new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property.Said numbers shall contrast with their
background.
(b)Street or Road Signs.When required by the chief,streets and roads shall be
identified with approved signs.
Key Boxes
Sec. 10302. 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-
PAGE 4 T TT It A 11
1991 UNIFORM FIRE CODE 10.302-10.401
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 gain necessary access as required by the chief.
Shaltway Marking
Sec. 10.303. Exterior windows in buildings used for manufacturing or for
storage purposes which open directly on shaftways or other vertical means of
communication between two or more floors shall be plainly marked with the word
SHAFrWAY 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 SHAFPWAY 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
Sec. 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/a 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
Sec. 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 hereafter constructed or moved into orwithin
the jurisdiction. When any portion of the facility or building protected is in excess
10.401-10.501 1991 UNIFORM FIRE CODE
of 150 feet from a water supply on a public street, as measured by an approved
route around the exterior 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 III-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
buildings 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,breathing 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.
PAGE 6EXBTBIT "All
a
1991 UNIFORM FIRE CODE 10.501-10.504
(c) Buildings under Construction. Fire-protection equipment and systems
shall be installed and maintained in buildings under construction in accordance
with Article 87.
Timing of installation
Sec. 10.502. When fine 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.
Approval and Testing
Sec. 10503. Fire alarm systems; fire hydrant systems; fire-extinguishing sys-
tems, including automatic sprinklers and wet and dry standpipes; halon systems
and other special types of automatic fire-extinguishing systems;basement pipe in- _
lets;and other fire-protection systems and appurtenances thereto shall meet the ap-
proval of the fire department as to installation and location and shall be subject to
such periodic tests as required by the chief. Plans and specifications shall be sub-
miffed to the fire department for review and approval prior to construction.
Condition of approval of halon systems shall be satisfactory passage of a test
conducted in accordance with nationally recognized standards prior to final
acceptance of the system.
Maintenance
Sec. 10504. (a) General. Sprinkler systems, fire hydrant systems, standpipe
systems, fire alarm systems, portable fire extinguishers, smoke and heat
ventilators, smoke-removal systems and other fire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times and
shall be replaced or repaired where defective. Fire-protection or extinguishing
systems coverage, spacing and specifications shall be maintained in accordance
with recognized standards at all times. Such systems shall be extended, altered or
augmented as necessary to maintain and continue protection whenever any build-
ing so equipped is altered, remodeled or added to. Additions, repairs, alterations
and servicing shall be in accordance with recognized standards.
(b) Systems in High-rise Buildings.The owner of a high-rise building shall be
responsible for assuring that the fire- and life-safety systems required by the
Building Code are maintained in an operable condition at all times. Unless
otherwise required by the chief,quarterly tests of such systems shall be conducted
by approved persons. A written record shall be maintained and shall be made
available to the inspection authority. See U.B.C. Sections 1807 and 1907.
(c)Smoke-control Systems.Mechanical smoke-control systems,such as those
in high-rise buildings, buildings containing atria, covered mall buildings and
mechanical ventilation systems utilized in smokeproof enclosures and for
smoke-removal systems utilized in high-piled combustible storage occupancies,
shall be maintained in an operable condition at all times.Unless otherwise required
PAGE 7 E UT "All