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HomeMy WebLinkAboutT-4528 - Agreement/Covenant - 5/1/2009 (2) P. W. File No . 9444 Public Works Department UGM No . 498 City of Fresno SUBDIVISION AGREEMENT Tract No . 4528 THIS AGREEMENT is made this 25 day of J�w 19 , 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. 4528/UGM 498 , 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. Subdivision Agreement Tract No . 4528/UGM 498 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 . 4528/UGM 498 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 May 31 , 1994 , except the sidewalk and driveway approach construction and lot corner monumentation which shall be completed upon construction of the residential dwellings in Tract No . 4528/UGM 498 but no later than May 31, 1995 , to the satisfaction of the Director of Public Works and/or the City Engineer of the City as provided by Code . The Subdivision lot and buffer trees shall be planted by May 31, 1995 , or upon occupancy of each individual dwelling , whichever occurs first , to the satisfaction of the director of the City Parks Department as provided by code. Issuance of building permits for any structure within the subdivision shall conform to the requirements of the Uniform Fire Code (UFC) . The Subdivider ' s attention is particularly called to UFC Sections 10 . 105(c) , 10 . 201, 10 . 401, 10 . 402 , 10 . 403 , and 10 . 502 shown in Exhibit "A" attached hereto and hereby made a part of this Agreement . No occupancy permit shall be issued until an approved "all weather" street frontage and access is constructed with approved streetlighting on line and operational . The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider , the time of completion may be Subdivision Agreement Tract No . 4528/UGM 498 Page 4 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 . B . The work and improvements, more specifically shown on the referenced plans and made a part hereof , shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards" , adopted September 11 , 1984 , by Resolution No . 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 9 . The work and improvements are as follows : a . Construct all landmarks , monuments and lot corners required to locate land divisions shown on the Final Map . Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City ' s final acceptance of the subdivision and release of securities , the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider ' s engineer or surveyor for the final setting of all monuments required in the subdivision . b. All utility systems shall be installed underground. Subdivider ' s attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No . 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights . The Subdivision Agreement Tract No . 4528/UGM 498 Page 5 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 . C . Water main extensions and services including construction of a water supply well at Well Site No . 128 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-13052 . The amounts identified in the Early Sewer and Water Agreement, dated March 25 , 1993 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 30-foot landscape easement along the East Shepherd Avenue frontage and install landscaping and an irrigation system in a 10-foot landscape easement along the North Maple Avenue frontage, within the limits 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 . Subdivision Agreement Tract No . 4528/UGM 498 Page 6 Pursuant to Section 12-1013 ( Improvement Plans and Profiles) of the Fresno Municipal Code, the Subdivider has posted improvement security in the amount of Three Thousand Two Hundred and 00/100 Dollars ($3 , 200 . 00) with the City guaranteeing the preparation of the detailed landscaping/irrigation and wall plans for the required landscaping to be approved by the City. The Subdivider agrees that, in the event the required plans have not been submitted by the Subdivider to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required landscaping/irrigation and wall plans . Prior to planting any street trees in the subdivision, the Subdivider agrees to submit a detailed landscaping plan for the above named landscape easements along the East Shepherd and North Maple Avenue frontages subdivision to the City Parks Department for approval . The plan shall .include the types , location, and number of trees and show all landscaping proposed for planting on public and/or City controlled property. The Subdivider agrees that the City shall not be obligated to accept any tree for maintenance purposes which is not included in the approved landscaping plan. j . As a condition of final map approval , the Subdivider is required to pay a street tree fee for lot trees in accordance with the master fee resolution. In lieu of paying street tree fees for the required individual lot tree planting; the Subdivider has accepted responsibility for street tree planting and has posted Performance Security in the amount of Six Thousand Thirty and 00/100 Dollars ($6 , 030 . 00) to secure planting and maintenance until acceptance of the street trees by the City Parks Department and occupancy and maintenance by lot owners . The Subdivider has entered into a "Developer Tree Planting Agreement" with the City and shall obtain a street work permit for all landscape installation shown on the plans as part of the "Developer Tree Planting Agreement, " the tree planting plan shall include the types, location, and number of trees and show all landscaping proposed for planting on Public and/or City controlled property. The Subdivider agrees that the City shall not be obligated to accept any tree which is not included in the approved landscaping plan. k. Perform and construct all work shown on the following referenced plans [City Drawing Nos : 10-C-6624 through 10-C-6627 with Water Job No . 4121 ( 4 sheets) inclusive, 15-C-8517 through 15-C-8524 (B sheets) inclusive, and 4-C-316 ( 1 sheet) inclusive] , unless specifically omitted herein. Subdivision Agreement Tract No . 4528/UGM 498 Page 7 1 . Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans. M. The Subdivider has deposited with the City the sum of Three Hundred Twelve Thousand Five Hundred Fifty-Eight and 87/100 Dollars ($312 , 558 . 87) for the following : (1) Inspection Fees $ 13 , 260 . 56 (2) Monument Check Fee 57 Lots @ $30 . 00/Lot $ 1, 710 . 00 (3 ) Intersection Signing, 3 @ $165 . 00/Ea $ 495 . 00 (4 ) Traffic Regulatory and Warning Signing, 2 @ $73 .00/Ea $ 146 . 00 (5) Street Trees Field Inspection Fee (Privately planted lot street trees to be maintained by the lot owners) 67 Street Trees @ $23 . 00/Tree $ 1, 541 . 00 Buffer Street Tree Field Inspection Fee $ 129 . 00 (Privately planted buffer street trees to be maintained by the City Landscape and Lighting Maintenance District No . 1) (6) FMFCD Drainage Fee $ 51, 346 . 00 Drainage Area Fee Rate Fee Area "R" 0 . 2669 Ac @ $4 , 850 . 00/Ac $ 1 , 294 . 00 "CX" 14 . 5925 Ac @ $3 , 430 . 00/Ac $ 50 , 052 . 00 Total FMFCD Drainage Fee $ 51 ,346 . 00 (7) UGM Fire Station Fees ; (Service Area No . 13 ; Zone District R-1/UGM) 14 . 86 Ac @ $251 . 00/Ac $ 3 , 729 . 86 (8) UGM Park Fee; (Service Area No . 7 : Zone District R-1/UGM) 14 . 86 Ac @ $1, 690 . 00/Ac $ 25, 113 .40 Subdivision Agreement Tract No . 4528/UGM 498 Page 8 (9) Sanitary Sewer Fees $ 45 , 597 . 85 (a) Lateral Charge 323 . 69 LF @ $5 . 00/LF $ 1, 618 . 45 (b) Oversize Charge (UGM Reimbursement Area No . 43) 14 . 86 Ac @ $240 . 00/Ac $ 3 , 566 .40 (c) Trunk Sewer Charge Herndon Trunk Sewer Service Area 57 Units @ $709 . 00/units $ 40, 413 . 00 (Note: Major Facilities Service Charge and Wastewater Facilities Charge are to be paid as each lot is developed at the then current rate. ) Total Sewer Charges $ 45 , 597 . 85 ( 10) Water Charges $103 , 534 . 77 (a) Tap Charge (Service Connections) Landscape Buffers @ N. Maple & E. Shepherd Aves . 2-1" Meters @ $275 . 00/Ea $ 550 . 00 Lot 57 : 1-1 . 5" Meter @ $445 . 00/Ea $ 445 . 00 All other Lots 56-1" Meters @ $275 . 00/Ea . $ 15, 400 . 00 (b) Frontage 644 . 86 LF @ $3 . 25/LF $ 2, 095 . 80 (c) Fire Hydrant Charge (Zone District R-1/UGM) 502 , 421 . 0 SF @ $0 . 75/100 SF $ 3 , 768 . 16 (d) Transmission Grid Main (UGM Reimbursement Area No . A) 14 . 86 Ac @ $560 . 00/Ac $ 8, 321. 60 Subdivision Agreement Tract No . 4528/UGM 498 Page 9 (e) UGM Well Development Charge (Supply Well No . 101-5) 14 . 86 Ac @ $1, 836 . 00/Ac $ 27, 282 . 96 (f) Water Construction Charge 57 Lots @ $1. 25 /Lot $ 71 . 25 (g) Well Head Treatment Fee Units by: Living Units Woodward Park Well Head Treatment Service Area 57 units @ $535 . 00/Unit $ 30 ,495 . 00 (h) Recharge Fees Units by: Living Units Woodward Park Recharge Service Area 57 units @ $265 . 00/Unit $ 15, 105 . 00 Total Water Charges $103 , 534 . 77 ( 11) UGM Major Street Charge (Zone F) 13 . 92 Ac @ $2 , 500 . 00/Ac $ 34 , 800 . 00 ( 12) UGM Major Street Bridge Charge (Zone F) 13 . 92 Ac @ $50 . 00/Ac $ 696 . 00 (13) UGM Traffic Signal Charge 13 . 92 Ac @ $860 . 00/Ac $ 11, 971 . 20 ( 14 ) UGM At-Grade Railroad Crossing Fee $ 14 , 309 . 76 Area Acres Fee Rate Fee F-1-Maple 13 . 92 Ac @ $514 . 00 Ac $ 7 , 154 . 88 F-1-Chestnut 13 . 92 Ac @ $514 . 00 Ac $ 7 , 154 . 88 Total UGM At-Grade RR Xing Fees $ 14 , 309 . 76 ( 15) Landscape Maintenance District Fee $ 4 , 178 . 47 TOTAL FEES AND CHARGES $312 , 558 . 87 Subdivision Agreement Tract No . 4528/UGM 498 Page 10 (16)Fee Deferrals-Present Credits-Future Reimbursements (a) Fire Hydrant Reimbursement 4 F.H. @ $300 . 00/F.H. $ 1, 200 . 00 Future Reimbursements shall be made in accordance with Section 14-107. 1b of the Fresno Municipal Code . 10 . Subdivider has paid to the City of Fresno, in accordance with Article 13 , Chapter 13 of the Fresno Municipal Code, the required fee to defray the costs of constructing planned local drainage facilities for the removal of surface and storm waters from the subdivision. 11 . It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Specifications of the City, which said plans and specifications and standards are hereby referred to and adopted and made a part of this Agreement . In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways . All of said work and improvements and materials shall be done , performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. , 12 . Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City: a . Performance security in the sum of Four Hundred Seventy Thousand and 00/100 Dollars ($470 , 000 . 00) , which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount , Twenty-Three Thousand Five Hundred and 00/100 Dollars Subdivision Agreement Tract No . 4528/UGM 498 Page 11 ($23 , 500 . 00) , shall be cash or a Certificate of Deposit; the remaining 95%, Four Hundred Forty-Six Thousand Five Hundred and 00/100 Dollars ($446 , 500 . 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 Two Hundred Thirty-Five Thousand and 00/100 Dollars ($235 , 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 . C . Performance security in the sum of Three Thousand Two Hundred and 00/100 Dollars ($3, 200 . 00) , which is equal to 100% of the total estimated cost of the preparation of Landscaping/Irrigation and wall improvement plans required. One hundred percent ( 100%) of said amount shall be cashier Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement . d. Performance security in the sum of Six Thousand Thirty and 00/100 Dollars ($6, 030 . 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 . 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. 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 Seven Thousand Seven Hundred and 00/100 Dollars ($7 , 700 . 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 Subdivision Agreement Tract No . 4528/UGM 498 Page 12 warranty security shall be in the form of cash or a Certificate of Deposit . The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement . 14 . This Agreement shall in no way be construed as a grant by the City of any rights to Owner to trespass upon land rightfully in the possession of , or owned by, another , whether such land be privately or publicly owned. 15 . The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever , for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement , or any part thereof . The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and against any and all injuries 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 Subdivision Agreement Tract No . 4528/UGM 498 Page 13 any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 16 . The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one ( 1) year from the date of acceptance of the work. 17 . The Subdivider and his subcontractors shall pay for any materials , provisions , and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers ' Compensation and shall maintain a valid policy of Workers ' Compensation Insurance for the duration of the period of construction. 18 . Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno . Public utility improvements shall include street surface improvements , sanitary and storm sewers , City water facilities and irrigation lines . All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent . Compaction testing performed for determination of compliance with City Subdivision Agreement Tract No . 4528/UGM 498 Page 14 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 notify City as herein required, any work done in the absence of the Subdivision Agreement Tract No . 4528/UGM 498 Page 15 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 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 Subdivision Agreement Tract No . 4528/UGM 498 Page 16 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 . 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 . Subdivision Agreement Tract No . 4528/UGM 498 Page 17 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, Municipal Corporation SUBDIVIDER VIDEOPMENT, INC. MARVIN D. JOHNSON, DIRECTOR a C po ation PUBLIC WORKSDEPARTMENT Byemi , President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.51E State of �SQ_t,t�0►` �� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of IYL�0Q Though statute does not require the Notary to fill in the data below, doing so may prove On ` aq before me, � � ` ' Nctc, 2k i ; invaluable to persons relying on the document. DATt NAME,TITLE OF OFFICER-E'.G.,"JANE DOE`hl TARY PUBLIC" ❑ INDIVIDUAL RPORATE OFFICER(S) personally appeared NAME(S)OF SIGNER(S) TITLE(S) personally 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 ❑ OTHER: OFFICIAL NOTARY SEAL signature(s) on the instrument the person(s), WANDAD.POTTS or the entity upon behalf of which the Notary Public—California FRESNO COUNTY person(s) acted, executed the instrument. My Comm.Expires NOV 25,1994 SIGNER IS REPRESENTING: WITNESS my hand and official Seal. NAME OF PERSON(S)OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71 f Subdivision Agreement Tract No . 4528/UGM 498 Page 18 Tract No . 4528/UGM 498 P.W. File No . 9444 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on AUGUST 24 19 92 , in the office of the Fresno County Recorder in Book , Page Document No . 92128730 of which the Deed of Trust in by and between ASSEMI DEVELOPMENT, INC. as RIGHT THUMBPRINT(OPTIONAL) State of California CcW County of Fresno r � CD 0 On April 29, 1993 before me, Elizabeth Ayala, Notary Public (DATE) (NAME,TITLE OF OFFICER-I.E.,JANE DOE,NOTARY PUBLIC-) personally appeared W. Allan Johnson and George E. Buck -------- CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SIGNER(S)) ❑ INDIVIDUAL(S) IN CORPORATEVice President OFFICER(S) & Vice Pres. ❑ PARTNER(S) (TITLE(S)) %Xpersortally known to me -OR. ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR OFFICIAL SEAL to me that he/she/they executed the same in ❑ OTHER: E ELI! ASE X14 �` e LA his/her/their authorized capacity(ies), and that by NO-i f r�Y Pi�BU&'_r CA�i OR��If his/her/their signature(s) on the instrument the l PFIir�CyPNL OFFICE W person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: FRESNO CC)UNTY person(s) acted,executed the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) =° My Comm;.Ssion Exp. �0P 7. 1933 ` -p_u� Witness my ha n official seal. (SEAL) (SIGNATURE 0 0 Y) ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATESubordination MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT Number of Pages Date of Document 4/2$/93 L DESCRIBED AT RIGHT: Signer(s) Other Than Named Above N/A WOLCOTTS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRINT—Rev.12-92 m1992 WOLCOTTS FORMS,INC.