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HomeMy WebLinkAboutT-4358 - Agreement/Covenant - 7/6/2006 (2) SUBDIVISION AGREEMENT City of rnIQ-W - ,ir PUBLIC WORKS DEPARTMENT 2600 FRMO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4358 P.W. File No. 9274 THIS AGREEMENT is made this� __day of , 19 , by and between the City of Fresno, a Municipal Corporation, hereinafter desiga and called the "City," and TREND HOMES, INC., a California Corporation, P.O. BOX 16369, Fresno, California, 93755, hereinafter designated and called the "Subdivider," without regard for number or Gender. Subdivision Agreement Tract No. 4358/UGM 463 Page 2 RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Owner and located within the corporate limits of the City, and known and described as Tract No. 4358/UGM 463, said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. B. 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. C. 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. D. The Subdivider desires to construct the improvements and develop the subdivision. E. 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. F. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. Subdivision Agreement Tract No. 4358/UGM 463 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: 1. The Subdivider shall: a. Perform the work and improvements hereinafter specified on or before July 31, 1998, except as noted in (b), (c), and (d) listed below. b. Sidewalk and driveway approach construction shall be completed on or before July 31, 1999, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. Lot corner monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before July 31, 1998, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. Lot trees shall be planted by July 31, 1999, or'upon occupancy of any individual dwelling, whichever occurs first, to the satisfaction of the director of the City Parks, Recreation and Community Services Department as provided by code. . e. Issuance of building permits for any structure within the subdivision shall conform to the requirements of the 1994 Uniform Fire Code (UFC). The Subdivider's attention is particularly called to UFC Sections 901.3, 901.4.3, 902.1, 903.1, 903.2, 903.3, and 903.4.2 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. Subdivision Agreement Tract No. 4358/UGM 463 Page 4 f. 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. 2. 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. 3. 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. Subdivision Agreement Tract No. 4358/UGM 463 Page 5 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. L 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-13148 and E-15662. The amounts identified (in the Early Sewer, Water and Storm Sewer Agreement recorded on April 240 1997) below as "Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. As a condition of final map approval the .subdivider is required to install landscaping and an irrigation system in a 15-foot landscape easement along the rear or side property lines of all lots which back-onto or side-onto the West Bullard Avenue frontage of the subdivision, and in a 10-foot landscape easement along the rear or side property lines of all lots which back-onto or side-onto the North Carnegie Avenue frontage of the subdivision. The ' Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed acknowledgements (see Exhibit "C")from each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works Department, Engineering Services Division, 2600 Fresno Street, Fresno, California 93721-3623. Subdivision Agreement Tract No. 4358/UGM 463 Page 6 j. Perform and construct all work shown on the following referenced plans [City Drawing Nos: 10-C-6760 through 10-C-6770 with Water Job No. 4130 (11 sheets) inclusive; 15-C-9602 through 15-C-9623 (22 sheets) inclusive (including Landscaping Plans 15- C-9615 through 15-C-9623), Drawing No. 4-C-326 (1 sheet) inclusive, Fresno Metropolitan Flood Control District Drawing Nos.: EF-18-1 through EF-18-2 (2 sheets) inclusive,unless specifically omitted herein. k. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans. 1. The Subdivider has deposited with the City the sum of Two Hundred Seventy Thousand Sixty-One and 11/100 Dollars ($270,061.11) for the total subdivision fee and charge obligations as a condition of final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit "B." 4. 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. 4358/UGM 463 Page 7 5. 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 Million Three Hundred Five Thousand and 00/100 Dollars ($1,305,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Sixty-Five Thousand Two Hundred Fifty and 00/100 ($65,250.00), shall be cash or a Certificate of Deposit; the remaining 95%, One Million Two Hundred Thirty-Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($1,239,750.00) shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and b. Payment security in the sum of Six Hundred Fifty-Two Thousand Five Hundred and 00/100 Dollars ($652,750.00), 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 Twenty-Two Thousand and 00/100 Dollars ($22,000.00), which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. d. Performance security in the sum of Three Thousand Eight Hundred and 00/100 Dollars ($3,800.00), 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. e. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Twelve Thousand Twenty-Five and 00/100 Dollars ($12,025.00), 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 Subdivision Agreement Tract No. 4358/UGM 463 Page 8 for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 8. 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. 9. 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 Subdivision Agreement Tract No. 4358/UGM 463 Page 9 from the date of acceptance of the work. 10. 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. 11. Initial soils compaction testing for public utility improvement work within the right-0f-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. 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 Subdivision Agreement Tract No. 4358/UGM 463 Page 10 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. 14. 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. 15. 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. 16. 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 an approved dust palliative 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 Subdivision Agreement Tract No. 4358/UGM 463 Page 11 street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. 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. 17. 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. 18. 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. Subdivision Agreement Tract No. 4358/UGM 463 Page 12 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Owner or Developer 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 TREND HOMES, INC., a California Corporation RAYMOND G. SALAZAR, DIRECTOR PUBLIC WORKS DEPARTMENT By:-X2, � -—j- Robert A. McCdfrey, Presid nt ATTEST: REBECCA E. KLISCH CITY CLERK By: / karen McCaf ey, V' esi nt/Secretary By Dep S TO rA CA O to ey (Attach Notary Acknowledgment) Deputy \bi11\agmt cov\ft4358.doc (May 20, 1997) STATE OF California COUNTY OF Fresno On June 2, 1997 before me, R. Lanier, Notary Public (Name, Title of Officer) personally appeared Robert A. McCaffrey and Karen McCaffrey personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /'(Signature of Notary Public) (This area for notarial seal) R. IANIER COMM.#997399 • NOTARY pMie•CAUfORNIA FRESNO COuNTY My Comm.Expires Aub.22,194 Tract No. 4358 P.W. File No. 9274 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder as Document No. 96054303 of which the Deed of Trust in by and between Trend Homes, Inc., a California Corporation, as Trustor, American Securities Company, a California Corporation, as Trustee, and Wells Fargo Bank, N.A., as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4358/UGM 463.. DATED: ✓ 7 , 191 Wells Fargo Bank, N.A., as Beneficiary B • I/P/Wff (Attach Notary Acknowledgement) STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 28th day of May , 19-92_, before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kathleen Slote personally known to me (or proved on the basis of satisfactory evidence) to be the persons) whose name(* is/are subscribed to the within instrument and acknowledged to me that be/she/they- executed the same in hWher/tf9V authorized capacity(izs1; and that by Wefherft+ie signatureW-on the instrument the person(sl.or the entity upon behalf of which the person(e)-acted, executed the instrument. WITNESS my hand and official seal lA IJM M. Signature C°rr#nb n#1100909 No"Rblc-CalforNo Contra Costa Courdy My commission expires June 19. 2000 My Comm.Bow Jun 19.20DD PFWN STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On this 28th day of May , 19-27—, before me, Laurie M. Geiger a Notary Public in and for the State of California, personally appeared Kristin Miller personally known to me (or proved on the basis of satisfactory evidence) to be the person(4-whose name(0 is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/tkeic authorized capacity(ies}, and that by cher/their signatures} on the instrument the personal, or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal Corrrrdeelon#1100909 Signature iIPLAUK K NoloyRblc-CoQomb Cords Cada Canty My commissio expires June 19. 2000 �MCommF�teeJn19.2000 1994 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901-GENERAL 901.1 Scope. Fire department access and water supply shall be in accordance with Article 9. For firesafety during construction, alteration or demolition of a building, see Article 87. 901.2 Permits and Plans. 901.2.1 Permits. 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 105, Permit f.1. 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. 901.2.2 Plans. 901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 901.3 Timing of Installation. 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 requirements of Section 901.3 may be modified or waived. 901.4 Required Marking of Fire Apparatus Access Roads, Addresses and Fire Protection Equipment. 901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall be in accordance with Section 901.4. 901.4.2 Fire apparatus access roads. When required by the chief, 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. 901.4.3 Fire protection equipment and fire hydrants. 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. PAGE 1 EXHIBIT "A" 1994 UNIFORM FIRE CODE When required by the chief, hydrant locations shall be identified by the installation of reflective markers. See also Section 1001.7. 901.4.4 Premises identification. 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. Numbers shall contrast with their background. 901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. 901.5 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipment. See Sections 902.2.4 and 1001.7. 901.6 Fare Protection in Recreational Vehicle, Mobile Home and Manufactured Housing Parks, Sales Lots and Storage Lots. Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. SECTION 902-FIRE DEPARTMENT ACCESS 902.1 General. Fire department access roads shall be provided and maintained in accordance with Sections 901 and 902. 902.2 Fare Apparatus Access Roads. 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 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 (45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to buildings. EXCEPTIONS: 1.When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief. 2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9. PAGE 2 EXHIBIT "A" 1994 UNIFORM FIRE CODE 3. When there are not more than two Group R. Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 8102.5.1. For required access during construction, alteration or demolition of a building, see Section 8704.2. 902.2.2 Specifications. 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) EXCEPTION: 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 when approved by the chief. 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. 902.2.2.2 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. 902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved by the chief. 902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with approved provisions for the turning around of fire apparatus. 902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall be constructed and maintained in accordance with nationally recognized standards. See Article 90, Standard a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the chief. 902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. 902.2.3 Marking. See Section 901.4. PAGE 3 EXHIBIT "A" 1994 UNIFORM FIRE CODE 902.2.4 Obstruction and control of fire apparatus access. 902.2.4.1 General. 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 Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902.2.4.2 Closure of accessways. 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, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief. EXCEPTION: Public officers acting within their scope of duty. 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. EXCEPTION: When authorized by the chief or performed by public officers acting within their scope of duty. 902.3 Access to Building Openings. 902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings required by this code or the Building Code shall be provided when required by the chief. 902.3.2 Maintenance of exterior doors and openings. 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 (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit doors. For access doors for high-piled combustible storage, see Section 8102.5.2. 902.3.3 Shaftway marking. 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 SHAFTWAY in red letters at least 6 inches PAGE 4 EXHIBIT "A" 1994 UNIFORM FIRE CODE (152.4 mm) 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. 902.4 Key boxes. 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 fire fighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be of a type approved by the chief and shall contain keys to gain necessary access as required by the chief. SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS 903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and 903. 903.2 Required Water Supply for Fire Protection. 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 or within the jurisdiction.When any portion of the facility or building protected is in excess of 150 feet(45 720 mm) 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. See Section 903.4. 903.3 Type of Water Supply. Water supply is allowed to 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 Appendix III-A. 903.4 Fire Hydrant Systems. 903.4.1 General. 903.4.1.1 Applicability. Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4. 903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions,repairs, alterations and servicing shall be in accordance with approved standards. 903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7. 903.4.2 Required installations. 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. See Appendix III-B. PAGE 5 EXHIBIT "A" 1994 UNIFORM FIRE CODE Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902.2. 903.4.3 Protection, marking and obstruction of hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see Section 1001.7. 903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2. PAGE 6 EXHIBIT "A" Tract No. 4358/UGM463 26-Jun-97 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUILDING AND SAFETY SERVICES DMMIONn AND DIVISION AND ENGINEERING SECTION 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. 4358 PREPARED BY: Bill Walls UGM No. 463 —71 CHECKED BY: Alan Kawakami P.W. FILE No. 9274 TRACT NAME: TREND HOMES NO. 26 GROSS ACREAGE 42.7845 ZONING: R-1/UGM NET ACREAGE 39.5110 SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 207 TREND HOMES,INC. ADDRESS: P.O. BOX 16369 Fresno, CA 93755 SUBDIVISION CALCULATION SHEET (Includes Early Construction Agreement Calculations) la.Water Constnution Engineer's Estimate $126,100.00 Adjustments $17,158.00 Adjusted Cost Estimate $143,258.00 $143,258.00 lb.Water Well Construction Engineer's Estimate Water Well Head Treatment Adjusted Cost Estimate 50.00 50.00 lc.Water Construction (Part of Early Agreement) Engineer's Estimate $126,100.00 Adjustments J $17,158.00 Adjusted Cost Estimate $143,25 r $143,258.00 Revised Street Construction Calculations page 1 1 EXHIBIT 'B" Tract No. 4358/UGM463 26-Jun-97 2a. Sewer Construction Engineer's Estimate $122,462.00 Adjustments $17,138.00 Adjusted Cost Estimate $139,600.00 $139,600.00 2b. Sewer Construction (Part of Early Agreement) Engineer's Estimate $122,462.00 Adjustments $17,138.00 Adjusted Cost Estimate $139,600.00 $139,600.00 3. Storm Sewer Construction (Part of Early Agreement) Engineer's Estimate $38,572.00 Adjustments $286.00 Adjusted Cost Estimate $38,286.00 $38,286.00 4. Street Construction (Part of Early Agreement) Engineer's Estimate Adjustments $0.00 Adjusted Cost Estimate $0.00 $0.00 4a. Street Construction Engineer's Estimate $852,675.00 Adjustments ($299,500.00 Engineer's Estimate(UGM) $0.00 Adjustments(UGM) $0.00 Storm Drain Construction $38,572.00 Adjustments ($286.00) Revised Street Construction Calculations page 2 EXHIBIT "B" Tract No. 4358/UGM463 26-Jun-97 Street Construction Continued Landscape,Fence and Irrigation Constructi Perimeter Masonry Wall or Solid Fence tion 2280 LF $25.00 657,000.00 Landscape/Irrigation Construction 45000 SF 61.50 /S 667,500.00 Median Island Landsca in 11 ® 1 60.00 Adjusted Cost Estimate 6715,961.00 E-1 Type Electroliers 16 ® 63,000.00 648,000.00 E-2 Type Electroliers 391 0 62,500.00 697,500.00 Saf Li htmi 110 612,540.00FA 612,540.00 Total Adjusted Street Estimate 6874,001.00 6874,001.00 Total Construction Cost for Inspection Fee Calcu.ations 61,156,859.00 SubTotal for Bonding Calculations(Subtotal fo r Bonding less ECA Bonding) 61,156,859.00 ECA Total for Sewer Water and Storm Drain For Inspection Fee Calculations) 6321,144.00 ECA Total for Streets (For Inspection Fee Cal tions) 1 60.00 INSPECT ON FEE CALCULATIONS Total for Inspection Fee Calculations $1,156,859,0071 7% of First 610,000.00(6300.00 min) 6700.00 4% of next 6490,000.00 619,600.00 2.5% of cost over 6500,000.00 616,421.48 Total Inspection Fees C 636,721.48 Inspection Fees paid with the E. C. A. 613,146.00 Total Inspection Foes Due with this Agree c 623,575.48 Revised Street Construction Calculations page 3 EXHIBIT -B- Tract No. 43581UGM463 26-Jun-97 Sub-Total For Construction Cost Bonding $1,156,859.00 Lot and Block Corners, 523 0 1 $50.00 1 Ea $26,150.00 Sub-Total For Construction Cost Bonding $1,183,009.00 Construction Contingency $121,991.00 Total Estimated Construction Cost $1,305,000.00 TOTAL INSPECTION FEES TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with is Agreement $23,575.48 Total Estimated Construction st $1,305,000.00 SECURI FY CALCULATIONS Performance Security 100% of the Total Estimated Construction Cost $1,305,000.00 5% Security Deposit(Cash or C.D.) $65,250.00 Performance-95% $1,239,750. Payment Security Labor&Materials-50% $652,500.00 Warranty Security: 5% of First$50,000.00 $2,500.00 3% of Next$50,000.00 "51,500.00 1% of Next$400,000.00 $4,000.00 112% of Costs Over$500,000.00 $4,025.00 Total Amount to be Retained for Warren $12,025.00 Revised Street Construction Calculations page 4 EXHIBIT "B" Tract No. 4358/UGM463 26-Jun-97 (A) SUBDMSIO 9 FEES AND CHARGES The Subdivider has deposited with the Cit the sum of Two Hundred Seven Thousand Six -One and 11/100 ( 1 $270,061.11 ) r the following: Lots 128-131,Inclusive,have 'Early Issu nce of Building Permits.'(EIRP) _ (1) INSPECTION FEES $23,575.48 (2) MONUMENT CHECK FEE 207 LOTS ® $30.00 /LOT(Min$200.00) $6,210.00 (3) INTERSECTION SIGNING [-191a $173.00 ea $3,287.00 (4) TRAFFIC REGULATORY/W G SIGNING F9 ® E $77.00 ea $693.00 (5) NO PARKING AND BHM LANE SIGNING = a L $77.00 ea $0.00 (6) STREET TREES City planted lot trees to be main by the lot owners. = Trees 0 1 $100.00 /Tree r- $0.00 Street Tree Inspection Fee(Privately planted buffer trees to be maintained by the City's Landsca &Lighting Maintenance District 258 Trees $26.80 /Tree $6,914.40 Field Inspection Fee(LLMD No. 1) 1 (0=no 1=yes) $210.00 (7) FMFCD DRAINAGE FEE Zone District R-l/UGM c ® /Ac Pd W/Agreement) (8) POND MAINTENANCE FEE ® /SF $0.00 (9) FRONTAGE ROAD ISLAND L SCAPING FEE ® /LF $0.00 (10) SEWER TRENCH WATER COMPACTION CHARGE 5465 Y ® $0.121 /CY Pd W/BCA (11)UGM FIRE STATION FEE $12,065.23 (Service Area No. 14 ) (Zone District No. R-l/UGM ) Deferred by Co em ant 0 (0=no 1=y 42.7845 Acres (M $282.00 /Ac $12,065.23 UGM Fire Station Fee due for E P lots N/A Total UGM Fire Station Fee Due 'th Agreement $12,065.23 Revised Street Construction Calculations page 5 EXHIBIT 'B' Tract No. 43581UGM463 26-Jun-97 (12)UGM NEIGHBORHOOD PARK FEE $1,160.74 (Service Area No. 5 ) (Zone District No. R-1/UGM ) Deferred by Covenant 1 (0=no 1=yea 42.7845 Acres ® $1 695.00 /Ac $72,519.73 UGM Neighborhood Park Fee due for EIBP lots $1,160.74 Total UGM Neighborhood Park Fee Due with Agreement $1,160.74 (13) SANITARY SEWER FEES $118,154.35 (a)Lateral Charge Deferred by Covenant 0 (0=no 1=yes 0.00 ILF ® $10.00 /LF $0.00 0.00 LF ® $10.00 /LF $0.00 Lateral Charge due for EIRP lots $0.00 Total Lateral Charge Due with Agreement $0.00 (b) Oversize Charge (UGM Reimbursement Area No. 18 1) Deferred by Covenant 1 42.78 Ac ® $240.00 /Ac $10,268.28 Less Oversize Credits [ $0.00 ] Less Overdepth Credits [ $0.00 ] Net Oversize Charge $10,268.28 Oversize Charge due for EIRP lots 164.35 Total Oversize Charge Due with Agreement $164.35 (c)Trunk Sewer Charge Trunk Sewer Service Area Herndon 207 1 UNITS ® $570.00 /UNIT 1 $117,990.00 (Note: Major Facilities Sewer Service Charge and Wastewater Facilities Charge are to be paid as each lot is developed at the current rate.) Total Sewer Charges $118,154.35 (14)WATER CHARGES $84,420.48 (a)Time&Material Charges("Wet-Tie") Pd W/ECA (Estimate No. 15662 ) (Water Job No. 4130 ) (b1) Service Connection Charges Deferred by Covenant 1 (0=no 1=yea 195 1- METERS ® 1 $320.00 Ea. $62,400.00 8 1-1/2- METERS® 1 $470.00 Ea. $3,760.00 1-1/2 Meters for lots 20,22, 33, 34, 46, 47, 53 and 54 Total Service Connection Charges Due with Agreement $0.00 Revised Street Construction Calculations page 6 EXHIBIT .130 B- Tract No. 4358/UGM463 26-Jun-97 (b2) Service Connection Charges Continued Service Connections(Not Deferrable by Covenant) 1 1-1/2"METERS 0 $470.00 Ea. 1 $470.00 2'METERS® $620.00 Ea. $0.00 (h3) Service Connection Charges for EIBP lots(128-131) 4 I1"METERS® 5320.00 Ea. Paid W/EIBP (c)Frontage Charge Deferred by Covenant 0 (0=no 1=yea 0.00 ILF ® $6.50 /LF $0.00 0.00 LF ® $6.50 /LF $0.00 Frontage Charge due for EIBP lots $0.00 Total Service Connection Charges Due with Agreement $0.00 (d)Fire Hydrant Charge (Zone District R-1/UGM ) 1337365.0 1 SF 0 1 $0.75 /100 SF $10,030.24 (e)Transmission Grid Main Charge (UGM Reimbursement Area No. A ) Deferred by Covenant 1 (O=no 1=yes 42.7845 1 AC 0 $560.00 /AC $23,959.32 AC ® /AC $0.00 Less TGM Credits [ $0.00 ] Net TGM Charge $23,959.32 Transmission Grid Main Charge due for EIBP lots 383.49 Total TGM Charge Due with Agreement $383.49 (f)Water Construction Charge 207 LOTS 0 $1.25 /LOT 5258.75 UNIT DEFINITION for Well Head,Recharge Fees, 1994 Bond Dept, &Water Supply Units by: FIAving Units (g)UGM Water Supply Charge (Supply Well No. 1201s ) 207 UNITS/LOTS® $354.00 /UNIT $73,278.00 Less Well Credits [ $0.00 ] Net Well Charge $73,278.00 (h)Well Head Treatment Fee Well Head Treatment Service Area 201 207 UNTTS/LOTS® 50.00 UNIT/LOT $0.00 Revised Street Construction Calculations page 7 EXHIBIT "B' Tract No. 4358/UGM463 26-Jun-97 (i)Recharge Fee Recharge Service Area 201 207 UNTTS/LoTS a 50.00 UNIT/LOT $0.00 Recharge Construction Credits [ $0.00 ] Total Recharge Fee Due F 50.00 0) 1994 Bond Debt Service Fee 1994 Bond Debt Service Area: 201 207 UNITS a 50.00 UNTr 50.00 Total Water Charges $84,420.48 GROSS ACREAGE ADJUSTMENT �— 42.7845 Gr. Ac. Excludes Area of Arterial&Collector Streets: North Carnegie Avenue 0.8270 Ac. West Bullard Avenue 2.4465 Ac. Adjusted Gross Area 39.5110 Adj. Ac. (15)UGM MAJOR STREET CHARGE $645.39 (Zone C/D-2 ) Deferred by Covenant 1 (0=no I- 39.5110 AC a f $1,930.00 /AC $76,256.23 Less Major Street Credit [ $35,900.00 ] Net Major Street Charge This Zone $40,356.23 Total Major Street Charge Due with Agreement $645.39 Major Street Charge Due for EIRP lots $645.39 (16)UGM MAJOR STREET BRIDGE CHARGE $41.11 (Zone C/D-2 ) Deferred by Covenant 1 (0=no 1=yes) 39.5110 AC a 565.00I/AC $2,568.22 Less Major Street Bridge Credit [ $0.00 ] Major Street Bridge Charge due for EIRP lots 41.11 Net Major Street Bridge Charge $2,527.11 Total TGM Major Street Bridge Charge Due with Agreement $41.11 (17)UGM TRAFFIC SIGNAL CHARGE $342.97 Deferred by Covenant 1 (0=no 1=yes 39.5110 AC $860.00 /AC $33,979.46 Less Signal Credit [ $12,540.00 ] Net Traffic Signal Charge $21,439.46 Total UGM Traffic Signal Charge Due with Agreement $342.97 UGM Traffic Signal Charge Due for EMP lots 342.97 Revised Street Construction Calculations page 8 EXHIBIT 'B' Tract No. 4358/UGM463 26-Jun-97 (18)UGM GRADE SEPARATION CHARGE Deferred by Covenant (0=no 1= es) N/A (Service Area, Zone: E-4-A 39.5110 AC ® F /AC $0.00 Total UGM Grade Separation Charge Due with Agreement N/A UGM Grade Separation Charge Due for EIBP lots N/A (19)UGM AT-GRADE RAILROAD CROSSING FEE $165.69 Deferred by Covenant =1 (0=no 1=yes) Service Area: C/D-2 39.5110 AC ® $262.00 /AC $10,351.88 Service Area: J AC ® /AC $0.00 Less At-Grade Railroad Crossing Credit [ $0.00 ] Total UGM At-Grade RR-Xing Fee $10,351.88 UGM At-Grade RR-Xing Fee for the EIBP lots $165.69 Total UGM At-Grade RR-Xing Fee Due with Agreement $165.691 (20)UGM TRUNK SEWER FEE _ N/A (Service Area ) (Zone District R-1/UGM ) Deferred by Covenant 1 (0=no 1=yes) 42.7845 AC ® /AC $0.00 AC ® /AC $0.00 LOTS ® /LOT $0.00 Total UGM Trunk Sewer Fee Due with Agreement N/A (21) OVERLAY SEWER SERVICE AREA N/A Deferred by Covenant0 (0=no 1=yes 42.7845 AC ® F /AC $0.00 Total Overlay Sewer Fee Due with Agreement N/A (22)LANDSCAPE MAINTENANCE DISTRICT FEE $12,175.27 A. Anticipated Maintenance Cos lanter Areas) 58633 Sq. Ft. 0 50.19 /S.F.1 $11,140.27 B. Incidental Expenses(Legal fees, Publications, Mailings, Engineering) Assessment District Proceedings _ 207 Lots !� $5.00 /Lot $1,035.00 $12,175.27 TOTAL FEES AND CHARGES DUE WITH AGREEMENT $270,061.11 Revised Street Construction Calculations page 9 1 EXHIBIT -B- Tract No. 4358/UGM463 26-Jun-97 (B) FEE DEFFIMUS (1) UGM FIRE STATION FEE $0.00 (Service Area No. 14 ) (Zone District No. R-1/UGM ) Deferred by Covenant 42.78 Acres ® $282.00 /Ac $12,065.23 UGM Fire Station Fee due for EIBP lots N/A Total UGM Neighborhood Park Fee Deferred by Covenant 50.00 (2)UGM NEIGHBORHOOD PARK FEE $71,358.99 (Service Area No. 5 ) (Zone District No. R-1/UGM ) Deferred by Covenant 42.78 Acres ® 51,695.00 /Ac $71,358.99 UGM Neighborhood Park Fee due for EIBP lots $1,160.74 Total UGM Neighborhood Park Fee Deferred by Covenant $71,358.99 (3) SANITARY SEWER FEES $10,103.93 (a)Lateral Charge Deferred by Covenant 0.00 lix ® $10.00 1/LF $0.00 0.00 LF ® 510.00 /LF $0.00 Lateral Charge due for EIBP lots $0.00 Total Lateral Charge Deferred by Covenant $0.00 (b) Oversize Charge (UGM Reimbursement Area No. 0 ) Deferred by Covenant 42.78 Ac ® 5240.00 /Ac $10,268.28 Less Oversize Credits [ $0.00 ] Less Overdepth Credits [ $0.00 Net Oversize Charge $10,268.28 Oversize Charge due for EIBP lots $164.35 Total Oversize Charge Deferred by Covenant $10,103.93 (4)WATER CHARGES $89,735.83 (a) Service Connection Charges Deferred by Covenant 195 1- METERS 0 $320.00 Ea. $62,400.65- 8 1-1/2- METERS® $470.00 Ea. $3,760.00 0 1- SERVICES 0 $0.00 Ea. $0.00 Total Service Connection Charges Deferred by Covenant $66,160.00 Revised Street Construction Calculations page 10 EXHIBIT -B- Tract No. 4358/UGM463 26-Jun-97 (b)Frontage Charge Deferred by Covenant 0.00 LF ® $6.50 1/LF $0.00 0.00 LF ® $6.50 /LF $0.00 Frontage Charge due for EIBP lots $0.00 Total Frontage Charge deferred by Covenant $0.00 (c)Transmission Grid Main Charge (UGM Reimbursement Area No. A ) Deferred by Covenant 42.78 AC ® $560.00 /AC $23,959.32 0.00 1 AC $0.00 /AC $0.00 Leas TGM Credits [ $0.00 ] Net TGM Charge L$23,959.32 TGM charge due for EIBP lots 383.49 Total TGM Charge Deferred by Covenant 575.83 (5)UGM MAJOR STREET CHARGE 539,710.84 (Zone R-1/UGM ) Deferred by Covenant 39.51 AC ® 51,930.00 /AC $76,256.23 Less Major Street Credit [ $35,900.00 ] Net Major Street Charge This Zone $40,356.23 UGM Major Street Charge due for EIBP lots $645.39 Total UGM Major Street Deferred by Covenant $39,710.84 (6)UGM MAJOR STREET BRIDGE CHARGE $2,527.11 (Zone R-1/UGM ) Deferred by Covenant 39.511 AC a 565.00 /AC $2,568.22 Leas Major Street Bridge Credit [ $0.00 ] Major Street Bridge Charge due for EIBP lots 41.11 Net Major Street Bridge Charge 42,527.11 Total UGM Major Street Bridge Charge Deferred by Covenant $2,527.11 (7)UGM TRAFFIC SIGNAL CHARGE $21,096.49 Deferred by Covenant 39.51 AC ® 5860.00 /AC $33,979.46 Leas Signal Credit [ $12,540.00 ] Net Traffic Signal Charge $21,439.46 UGM Traffic Signal Charge due for EIBP lots $342.97 Total UGM Traffic Signal Charge Deferred by Covenant $21,096.49 Revised Street Construction Calculations page 11 EXHIBIT "B" Tract No. 4358MGM463 26-Jun-97 (8)UGM GRADE SEPARATION CHARGE Deferred by Covenant 50.00 (Service Area, Zone: R-1/UGM 39.51 AC ® $0.00 /AC $0.00 Total UGM Grade Separation Charge Deferred by Covenant $0.00 (9)UGM AT-GRADE RAILROAD CROSSING FEE $10,186.19 Deferred by Covenant Service Area: 39.51 AC 0 $262.00 /AC $10,351.88 Service Area: 0.00 JAC ® $0.00 /AC $0.00 Less At-Grade Railroad Crossing Credit [ $0.00 ] Total UGM At-Grade RR-Xing Fee $10,351.88 UGM At-Grade RR Crossing due for EIBP lots $165.69 Total UGM At-Grade RR-Xing Fee Deferred by Covenant $10,186.19 (10)UGM TRUNK SEWER FEE $0.00 (Service Area ) (Zone District R-1/UGM ) Deferred by Covenant 42.78 AC ® 50.00 /AC $0.00 AC ® /AC $0.00 LOTS ® /LOT $0.00 Total UGM Trunk Sewer Fee Deferred by Covenant $0.00 (11) OVERLAY SEWER SERVICE AREA $0.00 Deferred by Covenant 42.78 JAC ® 50.00 /AC $0.00 Total Overlay Sewer Fee Deferred by Covenant $0.00 TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT 5244,719.38 QMO-RMMVMN RMEAM Er FaE:QMO DISK NO. CAQFRO\FPAGMM FRE NAME: FrOSBA Revised Street Construction Calculations page 12 EXHIBIT -13- ACKNOWLEDGEMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 4358/UGM 463, is subject to an annual assessment currently estimated at $ 57.68 The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4358/UGM 463. Me understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document Me have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date FT43581UGM 463.DOC (May 20, 1997) IEM M 0RE-)MV (�Vj u C u