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T-4704 - Agreement/Covenant - 8/17/2006 (2)
9614 1763 A MIN. PASFrf/ M RCrum : MR OCT 2 2 1 6 CITY OF FRESNO DEVII.OP WfrDEPARThW4T PLEASE CONFOR it 2600FremoStrea FRESNO COUNTY. CALIFORNIA FRESNO CA 93721-3604 WILLIAM C. GREENWOOD, County Recorder Donita Ghimenti IEE�j BY D $ ..................... ........... ........::.... .:;::;:;::>:;ARUYESPACf*<FOR:RECQ.RDi~R:�:USE..:.::::::::;:::::;.:<:::>::::::>;:::.<::::>;;;;::.::-;.;.>:.:::. SUBDIVISION AGREEMENT City Of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4704 P.W. dile No. 9809 UGM No. 557 THIS AGREEMENT is made this //7W day of ,Jv/\, , 19O�Q-, by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and HABITAT FOR HUMANITY FRESNO, INC., a California Corporation, P.O. Box 742, Fresno California 93721, as Owner of all lots within Tract No. 4704 as per Grant Deed recorded OCT 2 2 1996 19 as Document No. 7 l7' �, of Official Records of Fresno County, and as per Grant Deed recorded OCT 2 2 Iggg 19 as Document No. �f Official Records of Fresno County, hereinafter designated and called the "Developer" without regard for number or gender. Subdivision Agreement Tract No. 47041UGM 557 - Revised Bonding Amounts 06/18/19% Page 2 RECITALS A. The Subdivider HERITAGE MANOR HOMES, a California Limited Partnership, 575 East Locust Avenue, Suite 104, Fresno, California, 93720, hereinafter designated and called the "Subdivider," without regard for number or Gender has presented to the City a certain final map of a proposed subdivision of land located within the corporate limits of the City, and known and described as Tract No. 47041UGM 557, 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. 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 Developer to enter into this Agreement with the City whereby Developer 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 Developer desires to construct the improvements and develop the subdivision. E. The Developer 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. t Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% 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 Developer and the City, and the Developer and the City do hereby mutually agree as follows: 1. The Developer shall: a. Perform the work and improvements hereinafter specified on or before July 31, 1997, except as noted in (b), (c), and (d) listed below. b. Sidewalk and driveway approach construction shall be completed 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 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, 1997, (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, 1998, or upon occupancy of each 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 Uniform Fire Code (UFC). The Developer's attention is particularly called to UFC Sections 10.105(c), 10.201, 10.401, 10.4029 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. Subdivision Agreement Tract No. 4704/JGM 557 - Revised Bonding Amounts 06/18/19% Page 4 L When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Developer, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Developer 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 Developer 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 Developer 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 Developer shall submit evidence to the City of Fresno of payment and receipt thereof by the Developer's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Developer'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 Developer 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 Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 5 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 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-14449. The amounts identified(in the Early Sewer, Water and Storm Sewer Agreement, recorded November 9, 1995) 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 Developer shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Developer 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 Developer is required to install landscaping and an irrigation system in a 10-foot landscape easement along the rear property lines of all lots which back-onto the South Arthur Avenue, South Fruit Avenue and the West Jensen Avenue frontages of the subdivision. The Developer is also required to install landscaping and an irrigation system in a 5-foot landscape easement on lots that side-onto the West Grove Avenue and West Garrett Avenue entrance roads, the two outlots for open space landscape Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 6 purposes and the backup treatment along the South Vagedes Avenue will be included in the City's Landscape Maintenance district. 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 Developer 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. j. As a condition of final map approval, the Developer is required to pay a street tree fee in accordance with the master fee resolution. In lieu of paying the street tree fee, the Developer has accepted responsibility for the buffer street tree planting and has posted performance security. tree planting and maintenance by the Developer until the City accepts the required buffer street trees for maintenance purposes. Prior to planting any street trees in the subdivision, the Developer agrees to submit a detailed landscaping plan for the landscape easements, right of ways of the 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 Developer 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. Perform and construct all work shown on the following referenced plans [City Drawing Nos.: 10-C-7113 through 10-C-7123 with Water Job No. 4285 (11 sheets) inclusive; Drawings Nos.: 15-C-9227 through 15-C-9236 (10 sheets) inclusive, Drawing No. 4-C-420 (1 sheet) inclusive, Fresno Metropolitan Flood Control District Drawing Nos.: TT-14-1 through TT-14-5 (5 sheets) inclusive, unless specifically omitted herein. Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% 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 Developer has deposited with the City the sum of Eighty-Three Thousand Five Hundred Sixty-One and 90/100 Dollars ($ 83,561.90) 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. 5. Prior to the approval by the Council of the City of said final map, the Developer shall furnish to the City: a. Performance security in the sum of Two Hundred Thwenty-Nine Thousand and 00/100 Dollars ($ 229,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Eleven Thousand Four Hundred Fifty and 00/100 ($ 11,450.00), shall be cash or a Certificate of Deposit; the remaining 95%, Two Hundred Seventeen Thousand Five Hundred Fifty and 00/100 Dollars ($ 217,450.00) 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 i Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 8 b. Payment security in the sum of One Hundred Fourteen Thousand Five Hundred and 00/100 Dollars ($ 114,500.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. C. Performance security in the sum of Five Thousand Seven Hundred and 00/100 Dollars ($ 5,700.00), 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. 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 Thirteen Thousand Two Hundred Twenty-Five and 00/100 Dollars ($ 13,225.00), 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 Developer, less any amount required to be used 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 Developer to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. Subdivision Agreement Tract No. 4704/UGM $$7 - Revised Bonding Amounts 06/18/19% Page 9 8. The City shall not be liable to the Developer 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 Developer 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 Developer, the Developer's agents, employees and subcontractors, while engaged in the performance of said work. The Developer 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 Developer at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 9. The Developer 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. 10. The Developer 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 Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 10 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-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 Developer 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 Developer or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Developer or his agent. 12. The Developer shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. It shall be the responsibility of the Developer 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 Developer. It shall further be the responsibility of the Developer 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 Developer Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 11 to notify the City Engineer may cause delay for which the Developer shall be solely responsible. 14. Whenever the Developer 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 Developer 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 Developer 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 Developer before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Developer 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 street or streets as required by this paragraph, the City Engineer shall give notice to the Developer to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 12 Developer or, if the Developer is not an individual, upon any person who has signed this Agreement on behalf of the Developer or, at the election of the City Engineer, such notice may be mailed to the Developer 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 Developer 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 besprinkled 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 Developer 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. lb. 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. 17. 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. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 13 18. 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, DEVELOPER a Municipal Corporation HABITAT FOR HUMANITY FRESNO, INC., a RAYMOND G. SALAZAR, DIRECTOR California Non-Profit Benefit Corporation PUBLIC WORKS DEPARTMENT � By. Q_V11k_ pr Jac Holmes, Executive Director ATTEST: By: REBECCA E. KLISCH Tony Carr, esident CITY CLERK r ) By _ (Attach Notary Acknowledgment) ty APVED AS ORM: MONTOY ity Attorney B Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO.5907 State of _r"j_-CL County of _ ,aaer On A I before me, ATE NAME,TITLE OF!FFICER- .G.,-JANE DOE, AAY PUBLIC' personally appeared NAMES)OF SIGN R(S) personally known to e - OR - ❑ proved to me on the basis of sa isfact evidence to be the erson(s whose ame(S is a subscribedto whin instr and ac- knowledged to me that he/ he executed isignaature in his/her their authori d �onand that by his/h r theithe instrument th person , or ntity upon behalf of w Ic the person(s) cted, executed the instrument. ALICE A.LYNCH WITNESS my hand and official seal. ' • '' a r I i'."• COMM.11003142 2 z , Notary Public—Colifornia r, a j FRESNO COUNTY �My Comm.Expires AUG 26. 11097 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL y O PORATE OFFIC 1 _ TITLE OR TYPE OF DOCUME T TITLE(s> ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Subdivision Agreement Tract No. 4704/UGM 557 - Revised Bonding Amounts 06/18/19% Page 14 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On _ n,g„�,t path , 1996, before me, TncP1=�P r17PYPt personally appeared Raymond Salazar, P.W. Dir personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By i pui�) BJW:bjw wPs1W►GmT covu;r47o4C.noC Tract No. 4704 P.W. File No. 9782 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 22, 1995, in the office of the Fresno County Recorder as Document No. 95121327 of which the Deed of Trust in by and between Heritage Manor Homes, a California Corporation, as Trustor, Chicago Title Company, as Trustee, and Habitat for Humanity Fresno, Inc., a California Non- Profit Public Benefit Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4704/UGM 557. DATED: 19-16 Habitat for Humanity, Inc., a California Non-Profit Public Benefit Corporation, as Beneficiary. By: 6*1de Holmes, Executed Director By: Tony Carr, Pr t (Attach Notary Acknowledgement) STATE OF CALIFORNIA ) ss . COUNTY OF FRESNO ) On this 2nd day of August, 1996, before me, Julia E. Silverstrom, a Notary Public in and for said County and State, personally appeared, JACKIE HOLMES AND TONY CARR personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/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 . ?Nary; Pnd for said State XUA E.SILVEMTROM COMM.#988171 -Notary PLbPc—C09f0rn1a y FRF<NO C0UAIiy �>_'►�,;�-- - :.p:re3".'IAS 21,1997 Tract No. 4704 P.W. File No. 9782 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 21, 1995, in the office of the Fresno County Recorder as Document No. 95120634 of which the Deed of Trust in by and between Habitat for Humanity, a California Non-Profit Public Benefit Corporation, as Trustor, Chicago Title Company, as Trustee, and the City of Fresno, a Municipal Corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4704/UGM 557. DATED: g At/eAz4g4 , 1901 City of Fresno, a Municipal Corporation By: Michael A.A. Bierman, City Manager (Attach Notary Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of Fresno On s August, 1996 before me, T,nuis J. Steck � Notary Public, WE NAME.ME OF OFFM fpersonally appeared MirhaPl A_ Riarr,an cF ® personally known to me - OR -❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subs] l to the within instrument and ac knowiedged. to me that helsheAhhey executed the same in hisfiedtheir authorized capacity(ies), and that by hisfiedth& LOUIs J.STECK signatures) on the instrument the person(s), or the COMM.#996923 Z U behalf which the Z *. my Not FRESNO COUNTY mla executed the instrument. P (s) acted, Comm.Expires JUN 4,1997 WITNESS my hand and official seal.- OF NOTMY OPTIONAL Though the data below is not required by law, I may prove valuable to persons relying on the doc urnent and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE City Manager TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) The City of Fresno SIGNER(S)OTHER THAN THOSE NAMED ABOVE AW 1L=4 1991 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR FIRE SAFETY ARTICLE 10 FIRE PROTECTION Division I GENERAL Scope Sec. 10.101. Fire protection shall be in accordance with this article. Definitions See. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM, FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see Article 9. Permits See. 10.103. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 4.108. EXCEPTION: A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. Tampering with Fire-protection Equipment and Site Barriers Sec. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances belonging to or under the supervision and control of the fire department shall not be molested, tampered with, damaged or otherwise disturbed unless authorized by the chief. (b) Flm Hydrants and Flm 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. EXHIBIT "A" PAGE 1 • 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 II and IV. EXCEP'T'ION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. EXHIBIT "A" PAGE 2 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). EXHIBIT "A" PAGE 3 1991 UNIFORM FIRE CODE 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 planed 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. EXHIBIT "All PAGE 4 • 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 Sec. 10.401. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are here after constructed or moved into or within the jurisdiction. When any portion EXHIBIT "All PAGE 5 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 street or on the site of the premises or both to be protected as required and approved by the chief. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Division H. For fire safety during construction, alteration or demolition of a building, see Section 87.103 (c). Division V INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS General 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. EXHIBIT "A'" PAGE 6 ` 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 "A" PAGE 7 Tract No. 4704/UGM557 20-Jun-96 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION ....................................... 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. PREPARED BY: UGM No. Y• - W CHECKED B <2` >'> `.<> » '` P. ALS ...::::::-::::::::::::::::.:>:.;;;:.;;:.;;::::.::;;;::.;:.;:.: FILE No >>98 >'>'''<« :<:.:.;:;:.::I:';'> TRACTNGROSS ACREAGE FOR ; ;:::14:41':; ZONING: ACREAGE SUBDIVIDER AS PER MAP) NUMBER OF LOTS <... 4.. H�BITAGF::.. < :::::>><::'<< At.......: .....:.........,.....:............ :.... .............::.......................:.:.:::::...:::::....:::.:::::::::.:::::.:::::::..::::: DRESS: 57 . I.oaYe�pll�....... .... ......... .... ..................................................................................................................................................................................... .... ........ :- ::: SUBDIVISION CALCULATION SHEET(Includes Early Construction Agreement Calculations) (Bonding Amounts) 1a. Water Construction ....................................... ..................................... .. ....................................... Engineer's Estimate ?5?f ` ....................................... ....................................... ....................................... Adjustments [( 5775GE1( ....................................... ....................................... ....................................... Adjusted Cost Estimate 1b800U0. Estimated Cost of Work Completed 6St30tXk W Estimated Cost of ork 1b.Water Construction (Part of Early Agreement) ................................ ............-......................... ....................................... Engineer's Estimate X225,757 W ....................................... ....................................... AdjustmentsSST756EK? Adjusted Cost Estimate Revised to Reduce the Bonding Amount page 1 EXHIBIT "B" Tract No. 4704MGM557 20-Jun-96 lc. Water Well Construction Engineer's Estimate y p Adjustments pD Adjusted Cost Estimate ........: J :. 2a. Sewer Construction Engineer's Estimate 12bk$9a Adjustments ; Ai":Wk Adjusted Cost EstimateQt Estimated Cost of work CompletedZQt3' Estimated Cost of Remaining Work 2b. Sewer Construction (Part of Early Agreement) Engineer's Estimate .1. 1894`a�Q Adjustments ( 3'16'5800 Adjusted Cost Estimate <«> „:: 3. Storm Sewer Constrution (Part of Early Agreement) ..................................... ....................................... ....................................... Engineer's Estimate :8G+145Qi ....................................... ....................................... ....................................... Adjustments » <( 7?qm Adjusted Cost Estimate, 1 ;> 4. Street Coon (Pert of Early Agreanent) ....................................... ....................................... ....................................... ....................................... Engineer's Estimate 57466113 ....................................... ....................................... Adjustments $Qa�Q Adjusted Cost Estimate 746,G03}30> ST4C,603.OU: 4a. Street Coon Engineer's Estimate ..................................... ....................................... Adjustments (5324, 18 501: Revised to Reduce the Bonding Amount page 2 E)CMIT 'B' Tract No. 4704/UGM557 20-Jun-96 Street Construction Continued Engineer's Estimate(UGM) i$t1pD Storm Drain Construction S18f445Q( ' Storm Drain Construction Adjustments -D 0 Landscape, Fence and Irrigation Construction Perimeter Masonry Wall or Solid Fence Construction /L.F 795... ......::::..... !4.Oa.:. 83 Chain Link Fence Construction LF /LF Landscaping/Irrigation Construction / _ SF .. SF Amount of Street/Laadscape worm Completed and Accepted ? Adjusted Cost Estimate Y9±5 E-1 Type Electroliers E-2 Type Electroliers 20k> `SOQQ Ea Safety Ughting dt St. Light Electrical Worm .. Ea ... .:.:: ..:::. Amount of Street Light Work Completed and Accepted < ( 8SOOOOi}) Adjusted Cost Estimate Is04lOt '3 Total Adjusted Street Estimate 197`OOiTO ;197 OQaX?s Total Construction Cost for Inspection Fee and Warranty Calculations - '. 40 5 #1(► .....- ....................................... ....................................... SubTotal for Bonding Calculations(Based on the Est Cost of Remaining Work) Inspection Fees Paid with ECA for Sewer Water and Storm DrainIfrIEO` ....................................... ....................................... ....................................... Inspection Fees Paid with ECA for Streetst33 INSPECTION FEE CALCULATIONS ....................................... ....................................... Total for Inspection Fee Calculations >< 1'd03 33 W ....................................... ....................................... 7% of First$10,000.00($300.00 min) 7UO.:00 ....................................... ....................................... ....................................... 4% of next$490,000.00 ....................................... 2.5% of cost over$500,000.00 X22;588.33 ....................................... ....................................... ....................................... Total Inspection Fees 428$<33 Inspection Fees paid with the E. C. A. ;> 42x7 .$'33 Total Inspection Fees Due with this Agreement Revised to Reduce the Bonding Amount page 3 EXHIBIT 'B' Tract No. 4704/UGM557 20-Jun-96 Sub-Total For Construction Cost Bonding1 "1pfQgia Lot and Block Corners > < QO Ea ..................:......® 0.:.. :: .....til; Sub-Total For Construction Cost Bonding 7ggpp ....................................... ....................................... Construction Contingency Qg00 Total Estimated Construction Cost TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with this Agreement 1.70 0 Total Estimated Construction Cost ?,29 Ot t SECURTI'Y CALCULATIONS Performance Security ....................................... ....................................... ....................................... 100% of the Total Estimated Construction Cost .$m-0 Qf1 Q4 ....................................... ....................................... 5% Security Deposit(Cash or C.D.) 1454Q0; ....................................... ....................................... ....................................... Performance-95% 7 5 o oG Payment Security ....................................... ....................................... Labor&Materials-50% S j'1450000 ....................................... ....................................... ....................................... ....................................... Warranty Security: (Total Condnbction) 5% of First$50,000.00 $2SQOiE ....................................... ....................................... ....................................... 3% of Next$50,000.00 I5t10 < ....................................... ....................................... ....................................... 1% of Next$400,000.004;UO E14 ....................................... ....................................... ....................................... 112% of Costs Over$500,000.00 $5;225 00: Total Amount to be Retained for Warranty '1` ?.25a?0 Revised to Reduce the Bonding Amount page 4 EXHIBIT -B- Tract No. 4704/UGM557 20-Jun-96 (A) SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of aSbty.'i'hrae'Thousaadthves Hundred Six ... ae aad:9flllt ..... `>; :<' :`:: ': (S ;:;; •9a.>}for the following: ...................................... ....................................... (1) INSPECTION FEES „ (2) MONUMENT CHECK FEE 8;<L 3ffa(1>/LOT OTS in 200. (M ) (3) INTERSECTION SIGNING ea ® 5...............:: I' QOQ .:.:.: (4) TRAFFIC REGULATORY/WARNING SIGNING >4 77:00 { ea (S) NO PARKING AND BIKE LANE SIGNING ea <:::>:: 0 (6) STREET TREES City/Privately planted lot trees to be maintained by the lot owners. Trees 1......<:. /Tree 96; Street Tree Inspection Fee(privately planted buffer trees to be maintained by the lot owners/City's Maintenance District T €5 reel F' n F — — ield U Fee D No. 1 — o <' 0 no 1- 3 es ............................ ............................. ............................ (7) FMFCD DRAINAGE FEE Zone District =1rM> » Ac A (8) POND MAINTENANCE FEE SF `<r /SF ® [»> < (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE ... LF . /LF ... (10) SEWER TRENCH WATER COMPACTION CHARGE >:.8 71:. CY X4.12:: /CY ;Paid.WIEfA::< ® ..::. (11)UGM FIRE STATION FEE I;532E1Q' ......................................... (Service Area No. :.........:............................... ......................................... .......................................... ......................................... (Zone District No. RIUCrl > ' > >»' ) Deferred by Covenant <' :`' (O=no 1=yes) .... : . ::..:.J9$1: Acres ® S ;Oti.::/Ac :::::.>:::_:1 ,+`28: . ....................................... ....................................... Early Issuance of Building Permits Lots 52-59(Not Deferrable) »< x1532C�0 Total UGM Fire Station Fee Due with Agreement SI,532 Revised to Reduce the Bonding Amount page 5 EXHIBIT 'B' Tract No. 4704/UGM557 20-Jun-96 (12)UGM NEIGHBORHOOD PARK FEE ....... .......... (Service Area No. ..:............ ....................... .......................................... ......................................... .......................................... (Zone District No. Deferred by Covenant <1<;(O=no 1=yes) k9 41 Acres >: $2.�.00 /Ac 43 1194. .. Early Issuance of Building Permits Lots 52-59(Not Deferrable) $4141 31.: Total UGM Neighborhood Park Fee Due with Agreement ?s541 <3 (13) SANITARY SEWER FEES (a)Lateral Charge Deferred by Covenant I> (0=no 1=Yes) > .: Frwt Av7 e. Ave> Jensen . 1215. 1...LF /LF A ........................... # ,CYISS Total Lateral Charge Due with Agreement (b)Oversize Charge ............................ ............................. ............................ (UGM Reimbursement Area No. <;;.fit};::) :................. ....... Deferred by Covenant.............;_><>_ < Ac Ac 19x41.. Oi1.. `658 ........................... Less Oversize Credits [ >r'<>`< `' `' x ':l Less Overdepth Credits [ <>< «..$0 ] ....................................... Net Oversize Charge Total Oversize Charge Due with Agreement0_(KS (c)Trunk Sewer Charge .......................................... ......................................... .......................................... Trunk Sewer Service Area S `95> UNIT lUNTT F10`> ...... .... .......... (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 tlt ; ....................................... ....................................... ....................................... (14)WATER CHARGES ;538321Q:1 ....................................... ....................................... ....................................... (a)Time& Material Charges("Wet-Tie") Paid gVfECA. ....................................... (Estimate No. 2;4449 ) (Water Job No. S. ) (bl)Service Connection Charges . .. Deferred by Covenant :Ii (0=no 1=yes) Ea. 28'48€?rt3€1 METERS . 7 . 1 1/2 METER 0. Ea 4 '< :...:.::::....:.:::.... ........ ....... T Service Connection es Due with Agreement Total Charges Agree Revised to Reduce the Bonding Amount page 6 EXHBrr 'B' Tract No. 47041UGM557 204un-96 (W)Service Connection Charges Continued Landscape Service Connections(Not Deferrable by Covenant) METERS ® S3?A Ea. 32b tI0 M <�<» � 1-1/2' ETE Ea. ::2 X-XMETERS » »;:: . -1/2 1 SERVICES >>< 88x: 00 Ea. ;;...88Q..ff�= (c) Frontage Charge Deferred by Covenant......... -<»» ':(O=no 1=yes)................................. LF ® _: b• 1 ax-Arthur Ave. .464%00:"*. . b(a4?.3 :LF ® 2 .;/LF-Arthur Ave. 1,95 7 Total Service Connection Charges Due with Agreement QQQ` (d)Fire Hydrant Charge .......................................... ......................................... .......................................... (Zone Distrix =IlC1I> .>> `>< < �................._............ .� F / 5... 100 SF (e)Transaussion Grid Main Charge ............................ (UGM Reimbursement Area No. < « ) .::.::.::........ Deferred by Covenant j (O=no 1=yes) AC .:... l4'4 .. 00 AC I ............................ ® ��:�ii( �.....i:: Less TGM Credits ..........:...:......:...:;............ ....................................... ....................................... Less Trench Resurfacing Credits [ >``( 1I'x73E)E0 '] Net TGM Charge $f_Off ' Total TGM Charge Due with Agreement 0' 0 (f) Water Construction Charge T LOS /LOT ...: .:.: ® :......:.::.X1.:25:;: _.:.. 51 :15 UNIT DEFINITION for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply Units is b : i�s< >>:< (g)UGM Water Supply Charge ............................ ............................. ............................ (Supply Well No. 401st >> ) S/L,OTS >;:: ,..::...,:;;:.: _.................................................... UNIT bM /UNIT . Less Well Credits [ ><> >« ] Net Well Charge X28 7..47 fi0 ........:. ...........:....... (h)Well Head Treatment Fee ............................. ............................ ............................. Well Head Treatment Service Area40 <> :. . .::. 89 UNITS/LOTS® 7:00: UNIT/LOT �2 4Q3:Q4 (i)Recharge Fee ............................. ............................ ............................. ............................ Recharge Service Area 40.1<> $9' UNITS/LOTS® _:. 4#1 ,UNIT/LOT Revised to Reduce the Bonding Amount page 7 EXHIBIT -B. Tradt No. 47041UGM557 20-Jun-96 (j) 1994 Bond Debt Service Fee ............................. ............................ 1994 Bond Debt Service Area: >$9 UNITS ...........................::............................. UNIT ® ................... _....................:.Ot) Total Water Charges Aly (15)UGM MAJOR STREET CHARGE _> ....... ................................. .................................. ... ....................... (Zane E' :> <`< >><<> ) Deferred by Covenant i>'< (0=no 1=yes) AC / ....................: ..:......:..... Less Major Street Credit [ 44:..O.2": ] Net Major Street Charge This Zone4i Total TGM Major Street Bridge Charge Due with Agreement . ....................................... ....................................... ....................................... (16)UGM MAJOR STREET BRIDGE CHARGE0 > .................................. ................................. .................................. (fie ' » ............ ) Deferred by Covenant '(0=no 1=yes) AC AC Less Major Street Bridge Credit Net Major Street Bridge Charge8,tI'7 Total TGM Major Street Bridge Charge Due with Agreement $U;:UUU, ....................................... ....................................... ....................................... (17)UGM TRAFFIC SIGNAL CHARGE .....................::... .....:::.. Deferred by Covenant..............'> (0=no 1=yes)................................. A /A Less Signal Credit [ Net Traffic Signal Charge9,9I©2tk Total TGM Major Street Bridge Charge Due with Agreement0,a : (18)UGM GRADE SEPARATION CHARGE Deferred by Covenant ::..: 0=no..1.=.........):s: > E ' '' >> >(Sererce Area, ' > >SA < > ............ >: A «< /A Total UGM Major Street Bridge Charge Due with Agreement ....................................... ....................................... ....................................... (19)UGM AT-GRADE RAILROAD CROSSING FEE ................... Deferred by Covenant [ E '(O=no 1=yes) Service Area: s./ 1?'S? AC AC El(# ................... ::.......:....... ................... Service Area: < '/ ® �0. Less At-trade Railroad Crossing Credit I > <« « [ `] Total UGM At-Grade RR-Xing Fee ((# Total UGM At-Grade RR-Xing Fee Due with AgreementETQt# Revised to Reduce the Bonding Amount page 8 EXHIBIT -B- Tract No. 4704/UGM557 204un-96 (20)UGM TRUNK SEWER FEE tk1 (Service Area ................... ) (Zone District .... .................. Deferred by Covenant {. (O=no 1=yes) . :.. :. 19 41 AC ® .. /AC 0 AC ...../AC .OQ. LOTS /LOT ;fit}X16;: l; . Total UGM Trunk Sewer Fee Due with Agreement .. . s:Q (21 OVERLAY SERVICE AREA > Deferred by Covenant a (0=no 1=yes) ' C ::: z'Total OverlaySewer Fee Due with Agreement 0?Ek ....................................... ....................................... ....................................... (22)UGM MAJOR STREET RIGHT-OF-WAY ACQUISITION CHARGE 23 UGM LOCAL STREET AC UISITION/CONSTRUCTION CHARGE ( ) Q ....................................... ....................................... ....................................... (24)UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE ....................................... ....................................... ....................................... ....................................... (25)UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE (26)LANDSCAPE MAINTENANCE DISTRICT FEE :4.0 ....................................... A. Anticipated Maintenance Cost(Planter Areas) .................... ............................ ............................. _...... ........................... ><1 7T S2> . Ft. 18< /S.F. 23 Q 0 St B. Incidental Expenses(Legal fees,Publications, Mailings, Engineering) _.... _................... ......... ............... Lots ® ;. /Lot ,;.:: 5 ( 350.00 Min) X23— , (27)PRIVATE IRRIGATION LINE MAINTENANCE FEE L.F ® a; /LFii1b: ....................................... TOTAL FEES AND CHARGES DUE WITH AGREEMENT 5835t59f « Revised to Reduce the Bonding Amount page 9 EXHIBIT 'B' Tradt No. 4704/UGM557 20-Jun-% (B) FEE DEFERRALS ....................................... ....................................... ....................................... (1) UGM FIRE STATION FEE I:S28Qp ............:.:....:.:......::... (Service Area No. ......................................... (Zone District No. R;IITG » <) .... ................................ Deferred by Covenant '.:._ .41 Acres $OQ:OQ:: /Ac X15,528 Eft#.: Total UGM Neighborhood Park Fee Deferred by Covenant15,52$ ....................................... ....................................... (2)UGM NEIGHBORHOOD PARK FEE43t7 .............:....................... Service Area No. 3 s >> ( ) .(Zone District No. :.R`f`lllGl `«> Deferred by Covenant ... :,. I9 .,I„Acres Total UGM Neighborhood Park Fee Deferred by Covenant43{? ttsj ....................................... ....................................... (3) SANITARY SEWER FEES 3390: (a)Lateral Charge Deferred by Covenant LF .. ..,.. LF ® M /LF 5G,075 55, Total Lateral Charge Deferred by Covenant ;..,,.. 8,633 }. (b) Oversize Charge ............................ ............................. ............................ ............................. (UGM Reimbursement Area No. 3.7 ) Deferred by Covenant :.... .I9 41` Ac ® ,.;/Ac $4..tt58 4t3.< ....................:.:......:..::..... Less Oversize Credits [ << ;:'<'<' ><< ] ....................:.................. ....................................... ....................................... ....................................... Less Overdepth Credits [ < » > Net Oversize Charge4,CiS8.4Q::: Total Oversize Charge Deferred by Covenant 4 bsggt#:;> (4)WATER CHARGES $ Q837 (a) Service Connection Charges Deferred by Covenant 1 METERS Ea. �28�8EJ tiff i 1 M 1/ ........ ..... ......................... ETERS® .......5�4:::.:.:.:::::.. Total Service Connection Charges Deferred by Covenant 48t?'E ' Revised to Reduce the Bonding Amount page 10 EXHIBIT -B- Tradt No. 4704/UGM557 20-Jun-96 41 (b) Frontage Charge Deferred by Covenant SbE?tyU LF ® X6.50 /LF X3,640`0(# Total Service Connection Charges deferred by Covenant x5;603.TS_ (c)Transmission Grid Main Charge ............................. ............................ (UGM Reimbursement Area No. < < ` ) ...:........................ Deferred by Covenant I9 + I.. AC ® S 6E)Q0 /AC slog AC Less TGM Credits [ j3 ,79U t)Q) ] Less TGM Credits [ <;; ( 175x4 }'] Net TGM Charge Total TGM Charge Deferred by Covenant ....................................... ....................................... ....................................... (5)UGM MAJOR STREET CHARGE ................................. .................................. ................................. (Zone a=llf,3Gl4t"<` ) Deferred by Covenant ............ AC ® 2«X95.00, /AC X49,X085 ..................................::... ....................................... Less Major Street Credit [ ;i ; ; 43-02-0G' ] ........................::.:... ....................................... ....................................... Net Major Street Charge This Zone 54;806;IS. Total UGM Major Street Deferred by Covenant4 $Uti.25.: ....................................... ....................................... (6)UGM MAJOR STREET BRIDGE CHARGEZ.$f1Z .................................. (Zone R=IGIvI ) Deferred by Covenant .... 1�57 AC ® SI60,Q0, /AC 81I Zt}:< ... .. Less Major Street Bridge Credit [ <' ;` i;< > t}E0< ] ................................:...... ....................................... ....................................... Net Major Street Bridge Charge 58fI = Total UGM Major Street Bridge Charge Deferred by Covenant ....................................... ....................................... ....................................... Cn UGM TRAFFIC SIGNAL CHARGE Deferred by Covenant :TS?':AC ® `'>a86Q........./AC Si5;l ....................................... Less Signal Credit [ 5fQ ] Net Traffic Signal Charge 53;910 Total UGM Traffic Signal Charge Deferred by Covenant (8)UGM GRADE SEPARATION CHARGE ....................................... Deferred by Covenant <t> (Service Area, Zone: -'. IITG> '' _ >) Total UGM Grade Separation Charge Deferred by Covenant SOE Revised to Reduce the Bonding Amount page 11 EXHIBIT 'B" Tract No. 4704/UGM557 20-Jun-96 (9)UGM AT-GRADE RAILROAD CROSSING FEE .::::...::::::::...............:.:..:.. Deferred by Covenant Service Area: 00. /AC Sern Area: o`aa AC :fill'::/AC Less At-Grade Railroad CrossingCredit € > [ l Total UGM At-Grade RR-Xing Fee Total UGM At-Grade RR-Xing Fee Deferred by Covenant taQ (10) UGM TRUNK SEWER FEE ?( Service Area ... .... . ... .. (Zone District Deferred by Covenant AC /AC AC /AC LOTS <«< /LOT Total UGM Trunk Sewer Fee Deferred by Covenant44 < (11) OVERLAY SEWER SERVICE AREA "<< Q _ Deferred by Covenant «. / AC A f)0 C >:::>::»» Total Overlay Sewer Fee Deferred by CovenantQ4 ....................................... TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT 1I....... QM04U MVMN WRF.ADBFM .......................................... FM&QFRO DMK NO. FIE NAIL: :4T Revised to Reduce the Bonding Amount page 12 EXHIBIT "B" ACKNOWLEDGEMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Developer Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 4704, is subject to an annual assessment currently estimated at $ 264.77. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4704. I/We 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 I/We 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 Developer's Representative Date [�(�� D �V 0000 M704e1.doc (June 18, 1996)