HomeMy WebLinkAboutT-4577 - Agreement/Covenant - 8/21/2006 a Recording Requested by
City Clerk. Fresno. California
No Fee-Govt. Code 6103
Return to City Clerk.Fresno
P. W. File No . 9516 Public Works Department
UGM No . 510 City of Fresno
SUBDIVISION AGREEMENT
Tract No . 4577
(Phase I of Tentative Tract No. 4577)
THIS AGREEMENT is made this 11frq day of �G!/le 19�,
by and between the CITY OF FRESNO, a Municipal Corporation,
hereinafter 'designated and called the "City, " and ROBERT A. McCAFFREY
and KAREN McCAFFREY, Husband and Wife, as Community Property, P.O.
Boa 16369 , Fresno, California 93755 „ hereinafter designated and
called the "Subdivider, " without regard for number or gender.
RECITALS
1 . The Subdivider has presented to the City a certain final map
of a proposed su._division of land owned by the Subdivider and located
within the corpo ate limits of the City, and known and described as
Tract No . 4577, Phase I of Tentative Tract No. 4577 , 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
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 2
i
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 o such streets, highways and
public places and easements as are delinea ed and shown on said map,
and deems the same as necessary for the pu lic use, and also requires
that any and all streets delineated and sh wn on said map shall be
improved by the construction and the insta lation of the improvements
hereinafter specified.
3 . Section 12-1012 of the Municipal ode of the City of Fresno
requires the Subdivider to enter into this Agreement with the City
whereby Subdivider agrees to do, perform a d complete the work and
matters hereinafter in the Agreement menti ned and set forth in
detail, within the time hereinafter mentio ed, 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 instru ent .
6 . All such instruments of subordinat on, if any, are attached
hereto and made a part of this instrument .
. I
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No . 4577
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 shall perform the work and improvements
hereinafter specified on or before May 31, 1995, except the sidewalk
and driveway approach (excluding driveways without sidewalks which may
be further deferred upon written request to the Public Works Director)
construction and lot corner monumentation which shall be completed
upon construction of the residential dwellings in Tract No. 4577 but
no later than May 31, 1996 , 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
May 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. Issuance of building permits for any
structure within the subdivision shall conform to the requirements of
the Uniform Fire Code. The Subdivider ' s attention is particularly
called to UFC Sections 10. 105 (c) , 10 .201, 10 . 401, 10 . 402, 10. 403 , and
Section 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
Subdivision Agreement
Tract No. 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 4
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 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 .
C
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 5
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 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 Fresno Municipal
Code Section 13-120 . 7012 .
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 l enced in accordance with
City Standards within seven (7) days from the time said basins
become operational , or as directed by the City Engineer.
C
Subdivision Agreement
Tract No. 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 6
h. Wet-Ties shall be in accordance with Estimate
No. E-13307. 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 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 Three Thousand Nine Hundred
Sixty and 00/100 Dollars ($3 , 960. 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.
j . Perform and construct all work shown on the following
referenced plans (City Drawing Nos . 10-C-6836 through 10-C-6838
with Water Job No . 4145 (3 sheets) , inclusive; 15-C-8616 through
15-C-8619 (4 sheets) , inclusive; R/W 15-A-6585; and 4-C-341
( 1 sheet) , inclusive) , unless specifically omitted herein.
k. Install and complete all other street improvements
required by Section 12-1012 of the Fresno Municipal Code in
accordance with the City of Fresno standard Specifications and the
construction plans .
1 . The Subdivider has deposited with the City the sum of
One Hundred Three Thousand Five Hundred Eighty-Seven and 91/100
Dollars ($103 , 587 . 91) for the following :
( 1) Inspection Fees $8,740.78
(2) Monument Check Fee
32 Lots @ $30 . 00/Lot $960.00
Subdivision Agreement
Tract No. 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 7
(3) Intersection Signing, 4 @ $165. 00/Ea $660.00
(4) Street Trees Field Inspection Fee
(Privately planted lot street trees
to be maintained by the lot owners)
44 Street Trees @ $24 . 00/Tree $1,056 .00
(5) FMFCD Drainage Fee (Zone Rating R-2)
Drainage Area: "EG"
5.3265 Acres @ $4, 650. 00/Acre $24,768 .00
(6) Sewer Trench Water Compaction Charge,
1792 CY @ $0. 10/CY $179 .20
(7) Sanitary Sewer Fees $19, 519 .20
(a) Oversize Charge
(UGM Reimbursement Area No. 19)
5 . 33 Acres @ $240 . 00/Acre $1, 279 .20
(b) Trunk Sewer Charge
Grantland Trunk Sewer Service Area
32 Units @ $570 . 00/units $18,240 .00
(Note: Major Facilities Sewer Service Charge and
Wastewater Facilities Charge fee obligation to be
paid at the rate in effect at time of issuance of
building permit . )
Total Sewer Charges $19, 519 .20
(8) Water Charges $32,487 .58
(a) "Wet-Tie" Charge $10, 400. 00
(Estimate No. 13307)
(Water Job No. 4145)
(b) Tap Charge
(Service Connections)
LOTS 1 & 2
2-1"Svcs @ $710 . 00/Ea $1 , 420 . 00
All Lots
32-1" Meters @ $275 . 00/Ea $81800 . 00
(c) Fire Hydrant Charge •(Zone District)
169 , 891.0 •SF @ $0 .75/100 SF $1,274 . 18
Subdivision Agreement
Tract No. 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 8
(d) Transmission Grid Main
(UGM Reimbursement Area No. A)
5 .33 Ac @ $560.00/Acre $2,984 .80
(e) UGM Well Development Charge
(Supply Well No. 201-S)
5 .33 Ac @ $1,420 . 00/Acre $7, 568. 60
(f) Water Construction Charge
32 Lots @ $1.25 /Lot $40.00
Total Water Charges $32 .487.58
(9) UGM Major Street Charge
(Zone C/D-2)
5.33 Ac @ $1,933 . 00/Acre $10,286 .90
(10) UGM Major Street Bridge Charge
(Zone C/D-2)
5 .33 Ac @ $65 . 00/Acre $346 .45
(11) UGM Traffic Signal Charge
5.33 Ac @ $860 .00/Acre $4, 583 .80
TOTAL FEES AND CHARGES $103. 587.91
(12) Fee Deferrals, Present Credits,
Future Reimbursements
(a) UGM Fire Station Fees
Deferred by Covenant
Service Area No. 14
Zone District R-1/UGM
5 . 33 Ac @ $282 . 00/Acre $0.00
Paid with Fire Station 14 Agreement
(b) UGM Neighborhood Park Fees
Deferred by Covenant
Service Area No. 5
Zone District R-1/UGM
5.33 Acres @ $1, 695.00/Acre $9,034 .35
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 9
(c) Fire Hydrant Reimbursement
2 F.H. @ $300 . 00/F.H. - $600 .00 -
Future Reimbursements shall be made in
accordance with Section 14-107-1-b of
the Fresno Municipal Code.
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 Two Hundred
Thirty-Seven Thousand and 00/100 Dollars ($237,000 .00) , which is
equal to 100 percent of the total estimated cost of the work
required. Five percent (5%) of said amount, Eleven Thousand Eight
Hundred Fifty and 00/100 Dollars ($11, 850 . 00) , shall be cash or a
Subdivision Agreement
_ Tract No . 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 10
Certificate of Deposit; the remaining 95 percent, Two Hundred
Twenty-Five Thousand One Hundred Fifty and 00/100 Dollars
($225 , 150 . 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 Hundred Eighteen
Thousand Five Hundred and 00/100 Dollars ($118, 500 . 00) , which is
equal to 50 percent 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 Three Thousand Nine
Hundred Sixty and 00/100 Dollars ($3 , 960. 00) , which is equal to 100
percent 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. 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 Five
Thousand Three Hundred Seventy and 00/100 Dollars ($5,370 . 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 . 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 11
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 . 4577/UGM 510
Phase I of Tentative Tract No . 4577
Page 12
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 requirements shall be reordered by the City
and paid for by the Subdivider or his agent. Billing for the private
Subdivision Agreement
Tract No . 4577lUGM 510
Phase I of Tentative Tract No . 4577
Page 13
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
unsuitable materials may be rejected, notwithstanding- the fact that
such defective work and unsuitable materials have been previously -
overlooked by the Engineer or Inspector and accepted.
Subdivision Agreement
Tract No. 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 14
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 such personal
service of such notice or within forty-eight (48) hours after the
mailing thereof as herein provided, the Subdivider shall not have
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 15
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 .
. t
Subdivision Agreement
Tract No . 4577/UGM 510
Phase I of Tentative Tract No. 4577
Page 16
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.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
ROBERT A. McCAFFREY and
KAREN McCAFFREY, Husband and
RAYMOND G. SALAZAR, � DIRECTOR Wife, as Community Property
PUBLIC WORKS DEPARTMENT
' By
Robert A. McCaffndW
ATTEST:
JACQUELINE L. RYLE
CITY CLERK By
Karen McCaff ey
By ( 1�
Deputy
APPROVED AS TO FORM:
JP. OUG
CITY TTO NEY
By (Attach Notary Acknowledgment)
LR:jmz
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Rer4SEp: K�or/�i�
Subdivision Agreement
Tract No. 4577/UGN 510
Phase I of Tentative Tract No. 4577
Page 17
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On 2) 1994 before me,
personally appeared RQ,Lj- ori pt ,,AJV.
personally known to me (or [proved to me on the basi of satisfactory evidence to be the
person(A) whose name($) is/mag subscribed to the within instrument and acknowledged to me
that he/ems-executed the same in his/ke->.-tea== authorized capacity(iw) , and that by
his signature(S) on the instrumentW the person()(), or the entity upon behalf
of the CITY OF FRESNO of which the person(it) acted, executed the instrument.
WITNESS my hand and official seal.
JACQUELINE L. RYLE, CMC
CITY CLERK
By. L't�»O�.it, r4 a +!Lw4C
DEPUTY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.sl
State of Calif o r n i a OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Fresno Though statute does riot require the Notimy to
fill in the data below,doing so may prove
invaluable io persons relying on the document
On 5/17/94 before me,Michele L. Hogan, Notary Public OINDIVIDUAL
DATE NAIJE,TITLE OF OFFICER-E.G..-JANE DOE,NOTARY PUBLIC'
CORPORATE OFFICER(S)
personally appeared Robert A. and Karen McCaffrey
NAME(S)OF SIGNERS) ' TM.E(S)
®personally known to me-OR-0 proved to me on the basis of satisfactory evidence ❑PARTNER(S) []LIMITED
to be the person(s) whose name(s) is/are 0 GENERAL
subscribed to the within instrument and ac- 0 ATTORNEY-IN-FACT
knowledged to me that he/she/they executed 0 TRUSTEE(S)
the Same in his/her/their authorized 0 GUARDIAN/CONSERVATOR
capacity(ies), and that by his/her/their
HE signature(s) on the instrument the person(s), OTHER:
w:::]
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNES my d seal. NAM OF PERSONS)OR ENTTTY(IEs)
OF NOTARY
ti
M0(/0;7QL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though Me dolt requested here is not required by law.
r k Could pevad ftwxkA d reatddw eW cleft form SIGNERS)OTHER THAN NAMED ABOVE
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5
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
See. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM,
FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see
Article 9.
Permits
See. 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.
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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
See. 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
Sec. 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.
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J 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
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. 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.
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Key Boxes
See. 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
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 3/4 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
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 here after constructed or moved into or within the jurisdiction. When any portion
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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 H.
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.
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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.
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