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P. W. File No. 9574 Public Works Department
UGM No. 521 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 4601
THIS AGREEMENT is made this ao?nday of
by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter
designated and called the "City, " and ASSEMI DEVELOPMENT, INC. , a
California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno,
California 93711, hereinafter designated and called the "Subdivider, "
without regard for number or gender.
RECITALS
1 . The Subdivider has presented to the City a certain final map
of a proposed subdivision of land owned by the Subdivider and located
within the corporate limits of the City, and known and described as Tract
No. 4601 , 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.
a'
Subdivision Agreement
Tract No. 4601
Page 2
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 .
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
Subdivision Agreement
Tract No . 4601
Page 3
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 April 30, 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. 4601 but no later
than April 30 , 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 April 30, 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
(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 subdivision shall not be construed in any
manner to constitute an acceptance and approval of any or all of the
Subdivision Agreement
Tract No. 4601
Page 4
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.
Subdivision Agreement
Tract No. 4601
Page 5
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 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-13519 .
The amounts identified (in the Early Sewer, Water and Storm Sewer
Agreement, dated February 4 , 1994) 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 .
Subdivision Agreement
Tract No. 4601
Page 6
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 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 District.
j . 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 Three Hundred and
00/100 Dollars ($360 . 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 North Maple
Avenue frontage 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.
k. 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 One Thousand Six Hundred Twenty
and 00/100 Dollars ($1, 620 . 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.
Subdivision Agreement
Tract No. 4601
Page 7
L. Perform and construct all work shown on the following
referenced plans [City Drawings Nos. : 10-C-6771 through 10-C-6773,
with Water Job No. 4159 (3 sheets) inclusive, 4-C-358 (1 sheet)
inclusive, and 15-C-8708 through 15-C-8710 (3 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 Ninety
Eight Thousand Three Hundred Fifty One and 54/100 Dollars
($98,351.54) for the following:
(1) Inspection Fees $3,541. 60
(2) Monument Check Fee
18 Lots @ $30 .00/Lot $540.00
(3) Intersection Signing, 1 @ $165 . 00/Ea $165 .00
(4) Traffic Regulatory and Warning Signing,
1 @ $73 . 00/Ea $73 .00
(5) Street Trees
(Street Tree Field Inspection Fee for
Privately planted lot street trees to
be maintained by the lot owners)
18 Street Trees @ $24 . 00/Tree $432 .00
Street Tree Field Inspection Fee $134 .00
for Privately planted buffer street
trees to be maintained by the City
Landscape and Lighting Maintenance
District No . 1
(6) FMFCD Drainage Fee
FMFCD Drainage Area "CX"
Zoning R-1
4 . 8972 Ac @ $3 .430 . 00/Ac $16,797.00
(7) Sewer Trench Water Compaction Charge,
720 CY @ $0 . 10/CY Paid with E.C.
Agreement
(8) UGM Fire Station Fees;
(Service Area No . 13 ; Zone District R-1/UGM)
4 . 90 Ac @ $251. 00/Ac $1,229 . 90
Subdivision Agreement
Tract No. 4601
Page 8
(9) UGM Park Fees;
(Service Area No . 7; Zone District R-1/UGM)
4 . 90 Ac @ $1, 690 .00/Ac $8,281.00
(10) Sewer Connection Charges $15,790.95
(a) Lateral Charge
323 . 69 LF @ $5 . 00/LF $1, 618 .45
(b) Oversize Charge
(UGM Reimbursement Area No. 2)
4. 55 Ac @ $310. 00/Ac $1,410 .50
(c) Trunk Sewer Charge
Herndon Trunk Sewer Service Area
18 Units @ $709 . 00/units $12,762 .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 Connection Charges $15 .790 .95
(11) Water Connection Charges $34,489 .39
(a) "wet-Tie" Charge (Paid W/E.C. Agreement)
(Estimate No . 13519)
(Water Job No. 4159)
(b) Tap Charge
(Service Connections)
Landscape Buffer
1-1" Meter @ $275 . 00/Ea $275 .00
Lots 8 and 11
2-1 . 5" Meters @ $445 . 00/Ea $890 .00
All Other Lots
16-1" Meters @ $275 . 00/Ea $4 ,400 .00
Subdivision Agreement
Tract No . 4601
Page 9
(c) Frontage
323 . 69 LF @ $3 .25/LF $1, 051.99
(d) Fire Hydrant Charge (Zone District R-1/UGM)
169 , 133 . 0 SF 0 $0 .75/100 SF $1,268 . 50
(e) Transmission Grid Main
(UGM Reimbursement Area No. A)
4 . 55 Ac @ $700 . 00/Ac $3, 185 .00
(f) UGM Well Development Charge
(Supply Well No . 101-S)
4. 90 Ac @ $1, 836 . 00/Ac $8, 996 .40
(g) Water Construction Charge
18 Lots @ $1.25 /Lot $22 . 50
(h) well Head Treatment Fees
Units by: Living Units
Woodward Park Well Head Treatment Service Area
18 units @ $535 . 00/Unit $9, 630 .00
(i) Recharge Fees
Units by: Living Units
Woodward Park Recharge Service Area
18 units @ $265 . 00/Unit $4,770 . 00
Total Water Connection Charges $34 .489 .39
( 12) UGM Major Street Charge (Zone F)
4 . 55 Ac @ $2 , 500 . 00/Ac $11,375 .00
(13) UGM Major Street Charge (Zone F)
4 . 55 Ac @ $50 . 00/Ac $227. 50
Subdivision Agreement
Tract No. 4601
Page 10
(14) UGM Traffic Signal Charge
4 . 55 Ac @ $860 . 00/Ac $3,913 .00
(15) Landscape Maintenance District Fee $1,362.20
TOTAL FEES AND CHARGES $98.351.54
(16) Fee Deferrals-Present Credits-Future Reimbursements
(a) Fire Hydrant Reimbursement
1 F.H. @ $300.00/F.H. $300.00
Future Reimbursements shall be made in accordance with
Section 14-107. 1b 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.
Subdivision Agreement
Tract No. 4601
Page 11
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 One Hundred Thousand and
00/100 Dollars ($100 , 000 . 00) , which is equal to 100% of the total
estimated cost of the work required. Five percent (5%) of said
amount, Five Thousand and 00/100 Dollars ($5,000 . 00) , shall be cash
or a Certificate of Deposit; the remaining 95%, Ninety Five Thousand
and 00/100 Dollars ($95, 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 Fifty Thousand and 00/100
Dollars ($50 , 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 Three Hundred Sixty and
00/100 Dollars ($360 . 00) , which is equal to 100% of the total
estimated cost of buffer 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 Six Hundred
Twenty and 00/100 Dollars ($1, 620 . 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 Four Thousand and
00/.100 Dollars ($4 , 000 . 00) , for guarantee and warranty of the work for a
period of one ( 1) year following acceptance against any defective work or
ibdivision Agreement
-act No. 4601
ge 12
,bor done or defective materials furnished. In accordance with Section
,-1016 of the Fresno Municipal Code, said warranty security shall be in
te form of cash or a Certificate of Deposit. The warranty security
gall be returned to the Subdivider, less any amount required to be used
r fulfillment of the warranty one (1) year after final acceptance of
�e subdivision improvement.
14 . This Agreement shall in no way be construed as a grant by the
ty of any rights to Owner to trespass upon land rightfully in the
ssession of, or owned by, another, whether such land be privately or
blicly owned.
15 . The City shall not be liable to the Subdivider or to any other
rson, firm or corporation whatsoever, for any injury or damage that may
sult to any person or property by or from any cause whatsoever in, on
about the subdivision of said land covered by this Agreement, or any
rt thereof . The Subdivider hereby releases and agrees to indemnify,
fend, and save the City harmless from and against any and all injuries
and deaths of persons, and all claims, demands, costs, loss, damage
d liability, howsoever same may be caused, resulting directly or
directly from the performance of any or all work to be done in and upon
e street rights-of-way in said subdivision and upon the premises
jacent thereto pursuant to this Agreement, and also from all injuries
and deaths of persons , and all claims, demands, costs , loss, damage
d liability, howsoever same may be caused, either directly or
directly made or suffered by the Subdivider, the Subdivider ' s agents,
iivision Agreement
:t No . 4601
13
.oyees and subcontractors , while engaged in the performance of said
t. The Subdivider further agrees that the use for any purpose and by
person of any and all of the streets and improvements hereinbefore
:ified, shall be at the sole and exclusive risk of the Subdivider at
times prior to final acceptance by the City of the completed street
other improvements thereon and therein.
16 . The Subdivider shall remedy any defective work or labor or any
active materials and pay for any damage to other work resulting
,"efrom which shall occur within a period of one ( 1) year from the date
►cceptance of the work.
17 . The Subdivider and his subcontractors shall pay for any
:rials, provisions , and other supplies used in, upon, for, or about
performance of the work contracted to be done, and for any work or
►r thereon of any kind, and for amounts due under the Unemployment
►rance Act of the State of California, with respect to such work or
►r, and shall file with the City pursuant to Section 3800 of the Labor
a Certificate of Workers ' Compensation and shall maintain a valid
:cy of Workers ' Compensation Insurance for the duration of the period
,onstruction .
18 . Initial soils compaction testing for public utility improvement
within the right-of-way shall be ordered by and paid for by the City
'resno . Public utility improvements shall include street surface
-ovements , sanitary and storm sewers , City water facilities and
gation lines . All other compaction testing for private utility
Subdivision Agreement
Tract No. 4601
Page 14
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 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
Subdivision Agreement
Tract No . 4601
Page 15
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
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
Subdivision Agreement
Tract No. 4601
Page 16
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
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 .
Subdivision Agreement
Tract No. 4601
Page 17
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.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
RAYMOND G. SALAZAR, ACTING DIRECTOR ASSEMI DEVELOPMENT, INC. , a
PUBLIC WORKS DEPARTMENT a rniaMw
By: `l
ATTEST: ia—ridl Assemi , esident
JACQUELINE L. RYLE
CITY CLERK
By C� (Attach Notary Acknowledgment)
Deputy
APPROVED AS TO FORM:
JAMES OU H
City tto ne
By
BJW:crm
LAND427/+6788
GL19 L77-L89
i<
i.
:ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.
State of CALIFORNIA OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of FRESNO Though stan,te does not require the Notary to
fill in the data below,doing so may prove
OR invaluable to persons relrN on the doamlent.
On A Ilefore me, NAME TITLE of ICE .ULG..-J/WE DOE.NOTARY PUBIC' ❑INDIVIDUAL
FARID ASSENI ❑CORPORATE OFFICER(S)
personally appeared P
NAME(S)OF SIGNERS) mRESIDE"
19personally known to me-OR-❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) ❑ LIMITED
to be the person(s) whose name(s) is/are ❑ GENERAL
subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT
knowledged to me that he/she/they executed ❑TRUSTEE(S)
the same in his/her/their authorized ❑GUARDIAN/CONSERVATOR
capacity(ies), and that by his/her/their
o>rrczAT S>EAZ signature(s) on the instrument the person(s), OTHER:
DORIS O'NEAL or the entity upon behalf of which the
m TVgv PUBLIC CAUrorlreA
-L0.ARE COUNTY person(s)acted,executed the instrument.
"'`"'°' "''e'"°''° 90' SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES)
I
SIGNATURE Of NVARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTS7A31-AI NT OF COM S. 4601
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES 7 DATE OF DOCUMENT
Though the data requested here i°not required by law,
h Could prevent fraudulent reattachment of this form SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7194-Canoga Park CA 91309
1991 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division 1
GENERAL
Scope
Sec. 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) Fine 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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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
Sec. 10.107. Mobile home and recreational vehicle parks shall provide and maintain fire
hydrants and access roads in accordance with Divisions H 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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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 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: 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).
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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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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
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
See. 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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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 sheet 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 IL
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
See. 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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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 "All PAGE 7