HomeMy WebLinkAboutT-4706 - Agreement/Covenant - 8/17/2006 SUBDIVISION AGREEMENT
City of
CrsCdMiks I/
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4706
PHASE H OF VESTING TENTATIVE TRACT NO. 4677
P.W. File No. 9821
UGM No. 536
THIS AGREEMENT is made this day of
by and between the CITY of FRESNO, a Municipal Corporation, hereinafter designated and called the
"City," and GOLDEN DAWN-FRESNO, LP, a California Limited Partnership, 16830 Ventura
Boulevard, Suite 352, Encino, California, 91436, hereinafter designated and called the "Owner" or
"Subdivider," without regard for number or Gender.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 2
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed subdivision of
land owned by the Owner and located within the corporate limits of the City, and known and described
as Tract No. 4706, Phase II of Vesting Tentative Tract No. 4677/UGM 536, a copy of which map is
attached to and made a part of this Agreement, and said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise
approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said map,
the dedication of such streets, highways and public places and easements as are delineated and shown on
said map, and deems the same as necessary for the public use, and also requires that any and all streets
delineated and shown on said map shall be improved by the construction and the installation of the
improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to
enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work
and matters hereinafter in the Agreement mentioned and set forth in detail, within the time hereinafter
mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest in the
Subject Property which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways,
easements and facilities as shown and delineated on said map, and the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and understood by and between the
Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows:
1. The Subdivider shall:
a. Perform the work and improvements hereinafter specified on or before
August 31, 1999, except as noted in (b), (c) and (d) listed below:
b. Sidewalk and driveway approach construction shall be completed on or before
August 31, 2001, (the Subdivider 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 which shall be completed to the satisfaction of the
Director of Public Works as provided by the Fresno Municipal Code, on or before
August 31, 2000, (the Subdivider 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 August 31, 2000, or upon occupancy of each
individual dwelling, whichever occurs first, to the satisfaction of the Director of the City Parks,
Recreation and Community Service Department as provided by the Fresno Municipal Code.
e. 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 901.3, 901.4.2, 901.4.3, 903.1, 903.2, 903.3, 904.4.1.2 and 903.4.2, as
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.
f. No certificates of occupancy will be issued nor any human occupancy allowed for any
building on any lot of the subdivision until permanent sanitary sewer and water service is
determined to exist by the Director of Public Utilities Department.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 4
g. When a delay occurs due to unforeseen causes beyond the control and without the
fault or negligence of the Subdivider, the time of completion may be extended for a period justified
by the effect of such delay on the completion of the work. The Subdivider shall file a written
request for a time extension with the Director of Public Works prior to the above noted date, who
shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time
for completion of improvements (including street trees planting) may be granted by the Public
Works Director with an extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give the Subdivider written
notice of his determination in writing, which shall be final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and made
a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno
Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No. 84-361 and
as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection
and testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land divisions
shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of
the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno
of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all
monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is directed
to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No.
78-522 or any amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type,
spacing, etc. of standards and luminaries shall be in accordance with Resolution Nos. 78-522 and
88-229 or any amendments or modifications which may be adopted by Council prior to the actual
installation of the lights and shall be approved by the City Traffic Engineer.
Section 12-1010(h) of the City of Fresno Municipal Code requires the undergrounding of
overhead utilities within the subdivision. Completion of all undergrounding of overhead utilities will
be required by Construction Management prior to release of securities.
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Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 5
c. Water main extensions and services shall be provided in accordance with applicable
provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall
apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges
shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012 of the Fresno Municipal
Code.
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 Section 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified on Exhibit "B", page 7 as Time and Material Charges
("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. Install landscaping and an irrigation system in a 15-foot landscape easement along the rear
property lines of all lots which back-onto East Kings Canyon Road and install landscaping and an
irrigation system in a 15-foot landscape easement along the rear and side property lines of all lots
which back-onto or side-onto North Armstrong Avenue frontages of the subdivision. The Owner
has executed a covenant with the City of Fresno guaranteeing maintenance of the required
landscaping until such time as a Maintenance District has been formed to provide for continued care
and maintenance of the required landscaping.
The Owner also agrees to sign a petition asking the Council to include this Tract in the existing
district. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed
acknowledgements (see Exhibit "C") from each purchaser of a lot within the subdivision, attesting
to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment
and that the purchaser is aware of the assessment.
The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works
Department, Engineering Service Division, 2600 Fresno Street, Fresno, California,93721-3623.
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Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 6
j. As a condition of final map approval, the Subdivider is required to submit plans and
profiles for landscape/irrigation system and a solid 6-foot high wall improvements. Pursuant to
Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the Subdivider
has posted improvement security with the City guaranteeing the preparation of the detailed
landscaping/irrigation and well plans for the required landscaping to be approved by the City
Engineer.
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.
k. Pay the buffer street tree fee in accordance with the master fee resolution. In lieu
of paying the street tree fee, the Subdivider has accepted responsibility for the buffer street tree
planting and has posted performance security to guarantee planting and maintenance by the
Subdivider until the City accepts the required buffer street trees for maintenance purposes.
Prior to planting any street trees in the subdivision, the Subdivider agrees to submit a detailed
landscaping plan for the required street trees within the above name landscape easements along the
East Kings Canyon Road and the North Armstrong frontages 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 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.
1. Pay the 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 to secure planting and
maintenance until acceptance of the street trees by the City Parks, Recreation and Community
Service Department.
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.
M. The Subdivider shall dedicate Outlots "A", "B" and "C" to the Cit or open space
purposes and shall install landscaping and an irrigation system in a manner acceptable to the Director
of Parks, Recreation and Community Services. Prior to the acceptance for maintenance of the
improvement of such outlots by the City of Fresno, such outlots shall be deeded to the City.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 7
4. Perform and construct all work shown on the following construction plans together with
all other street improvements required by Section 12-1012 of the Fresno Municipal Code:
a. City Drawing Nos: [10-C-7204 through 10-C-7211 with Water Job No.4317
( 8 Sheets), inclusive; 15-C-9848 through 15-C-9858 (11 Sheets), inclusive; and 4-C-455 (1 Sheet),
inclusive]; d
5. The Subdivider has deposited with the Cit the sum of One Hundred Seventy-SevxThousand
P Y Y
Four Hundred Seventy-Nine and 33/100 Dollars ($ 177,479.33) for the total fees and charges obligations
as a condition of final map approval. The total fees and charges are more particularly itemized in Exhibit
"B" attached hereto and hereby made part of this Agreement.
6. 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.
a. The Subdivider allocates Outlot "C" for use as temporary facilities to alleviate the flooding
and drainage problem anticipated to be caused by this subdivision and its improvements until such time
as the City, through its Public Works Director, releases in writing such Outlot "C" from such use. The
Subdivider shall improve such facilities pursuant to City approved construction plans and, upon
completion of such improvements, the City is permitted to enter such Outlot "C" and shall maintain such
facilities until such written release is issued.
The Subdivider shall not commence any backfilling operation of the temporary facilities unless the
Public Works Director so authorizes in writing. The Subdivider agrees that the City may deny issuance
of any building permit relating to such lot(s) until the City issues its written release.
No written release shall be issued unless the City Engineer is satisfied that all temporary facilities
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 8
have been backfilled and compacted properly and all temporary drainage structures, such as inlets, outlets,
pipes, and similar structures, have been plugged, removed, and disposed of in accordance with the
Standard Specifications of the City.
7. 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.
8. 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 Seven Hundred Fifteen Thousand and 00/100
Dollars ($ 715,00.00), which is equal to 100% of the total estimated cost of the work required. Five
percent (5%) of said amount, Thirty-Five Thousand Seven Hundred Fifty and 00/100 Dollars
($ 35,750.00), shall be cash or a Certificate of Deposit; the remaining 95%, Six Hundred Seventy-
Nine Thousand Two Hundred Fifty and 00/100 Dollars ($679,250.00) shall be in the form of a bond
or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this
Agreement; and
b. Payment security in the sum of Three Hundred Fifty-Seven Thousand Five Hundred
and 00/100 Dollars ($ 357,500.00), 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.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 9
Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City
and on forms furnished by the City.
c . Performance security in the sum of Three Thousand Six Hundred and 00/100 Dollars
($ 3,600.00), 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 Two Thousand Three Hundred Forty-Six and 00/100
Dollars ($ 2,346.00), which is equal to 100% of the total estimated cost of buffer street tree planting
and maintenance required. One hundred percent(100%)of said amount shall be cash or a Certificate
of Deposit, all to be conditioned upon the faithful performance of this agreement.
e. Performance security in the sum of Twelve Thousand Nine Hundred Fifty-Four and 00/100
Dollars ($ 12,954.00), 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.
f. Any and all other improvement security as required by Fresno Municipal Code, Section
12-1016.
9. On acceptance of the required work, warranty security shall be furnished to or retained by the
City, in the amount of Nine Thousand Seventy-Five and 00/100 Dollars ($ 9,075.00), for guarantee and
warranty of the work for a period of one (1) year following acceptance against any defective work or
labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal
Code, said warranty security shall be in the form of cash or a Certificate of Deposit. The warranty
security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the
warranty one (1) year after final acceptance of the subdivision improvement.
10. This Agreement shall in no way be construed as a grant by the City of any rights to the
Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land
be privately or publicly owned.
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 10
11. The City shall not be liable to the Subdivider or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or from any cause
whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof.
The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and
against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or
all work to be done in and upon the street rights-of-way in said subdivision and upon the premises
adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all
claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or
indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors,
while engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall
be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
12. 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.
13. 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
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 11
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.
14. Initial soils compaction testing for public utility improvement work within the right-of-way
shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street
surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other
compaction testing for private utility installations shall be paid for by the Subdivider or his agent.
Compaction testing performed for determination of compliance with City Standard Specifications shall
at all times remain under the control and direction of the City Engineer who shall determine locations and
depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by
the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required
retesting due to failures shall be made directly to the Subdivider or his agent.
15. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and
any other codes of the City.
16. 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.
17. Whenever the Subdivider varies the period during which work is carried on each day, he shall
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 12
give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to
duly notify City as herein required, any work done in the absence of the Engineer will be subject to
rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill
the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be
rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously
overlooked by the Engineer or Inspector and accepted.
18. 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.
19. Adequate dust control shall be maintained by the Subdivider on all streets within and without
the subdivision on which work is required to be done under this Agreement from the time work is first
commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as
used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon
with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and
equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion
of the City Engineer adequate dust control is not being maintained on any street or streets as required by
this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this
paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is
not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the
election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If, within twenty-four (24) hours after such personal service of such notice or within
Subdivision Agreement
Tract No. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 13
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.
20. 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.
21. 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. 4706, Phase II of
Vesting Tentative Tract No. 4677/UGM 536
Page 14
22. No assignment of this Agreement or of any duty or obligation of performance hereunder shall
be made in whole or in part by the Owner or Developer without the written consent of City.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
RAYMOND G. SALAZAR, DIRECTOR GOL EN DAWN-FRES O, LP
PUBLIC WORKS DEPARTMENT a Cali is Limited nership
By: Hearths a visors, Inc.
a Califo i orporation
By: Gen Partner
ATTEST:
.-C- Attached l
REBECCA E. KLISCH Signature BIoCk j
CITY CLERK
By:
Peter Zakar, Senior Vice President
By:
Depu
APPROVED AS TO FORM:
HILDA CANTU M OY
City Attorney
By:
uty
(Attach Notary Acknowledgment)
Revised 09/01/1998
Attachment to "Subdivision Agreement for Phase II of Vesting Tentative Tract No. 4677" between The
City of Fresno Public Works Department and Golden Dawn-Fresno,L.P..
Golden Dawn-Fresno, L.P.
a California limited partnership
By: HFIP/MS #1 GP, L.P.
a California limited partnership
General Partner
By: Hearthstone Advisors,Inc.,
a California corporation
General P er
By:
Peter Zakar ens Vice President
Date: August 3,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
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County of
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Place Notary Seal Above Signa ure of Notary Public
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
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Document Date: Number of Pages:
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Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: M.
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Signer Is Representing:
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0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On , 1998 , before me, personally appeared _
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 signature(s) 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
DEPUTY
Tract No. 4706
P.W. File No. 9821
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On DATE before me, ,
personally appeared ,
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL
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.
SIGNATURE OF NOTAAY
O T ONAC
The data below Is not required by law, though 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
O INDIVIDUAL
O CORPORATE OFFICER
TITLE OF DOCUMENT
TME(S)
O PARTNER(S) O LIMITED
O GENERAL
O TRUSTEE(S)
O ATTORNEY-IN-FACT NUMBER OF PAGES
O GUARDIAN/CONSERVATOR
O OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
NAE of PERSONS)OR EWM(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on April 27, 1995, in the office of the Fresno County Recorder as Document No. 95051104 and modified
per the assignment of Beneficial Interest recorded April 27, 1995 as Document No. 95051106, in the
office of the Fresno County Recorder of which the Deed of Trust in by and between Golden Dawn-
Fresno, LP, a California Limited Partnership, as Trustor, Central Title Company, a California
Corporation, as Trustee, and Residential Funding Corporation, a Delaware Corporation, as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement for Tract No. 4706, Phase H of Vesting Tentative Tract No. 4677/UGM 536.
DATED: 1948'
BENEFICIARY
RESIDENTIAL FUNDING CORPORATION
a Delaware Corporation
By:
By:
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Im IllillSC�"k�
County of Ike Are P!'IVj
On qg before me, vY�e,r, L • 3 MbNSDATr-
,
personally appeared pOC4L.!b191
personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are NOTARY STAMP OR SEAL
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 ,yam MARCI L SUM
of which the person(s) acted, executed the NotuyPuM-IKIMM10r
instrument. Comm"IN
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
B:TlO,:,
The data below It not required by law, though It may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of thb form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OFATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF DOCUMENT
TrrLr(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ TRUSTEE(S)
NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ GUARDIAN/CONSERVATOR
0 OTHER
DATE OF DOCUMENT
PERSON SIGNING IS REPRESENTING:
HMIE OF PERSON(S)OR WUMIES)
SIGNER(S) OTHER THAN NAMED ABOVE
1994 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR SAFETY
ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY
SECTION 901-GENERAL
901.1 Scope. Fire department access and water supply shall be in accordance with Article 9.
For firesafety during construction, alteration or demolition of a building, see Article 87.
901.2 Permits and Plans.
901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public highways, alleys
or private ways open to or generally used by the public. See Section 105, Permit f.1.
EXCEPTION:A permit is not required for persons employed and authorized by the water
company which supplies the system to use or operate fire hydrants or valves.
901.2.2 Plans.
901.2.2.1 Fre apparatus access. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
901.2.2.2 Fre hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to
the fire department for review and approval prior to construction.
901.3 Timing of Installation. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief, are
provided, the requirements of Section 901.3 may be modified or waived.
901.4 Required Marking of Fre Apparatus Access Roads,Addresses and Fre Protection Equipment.
901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall
be in accordance with Section 901.4.
901.4.2 Fre apparatus access roads. When required by the chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit
the obstruction thereof or both.
901.4.3 Fre protection equipment and Pre hydrants. Fire-protection equipment and fire
hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking
PAGE 1 EXHIBIT "A"
1994 UNIFORM FIRE CODE
and other obstructions.
When required by the chief, hydrant locations shall be identified by the installation of reflective
markers.
See also Section 1001.7.
901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the street or road fronting the
property. Numbers shall contrast with their background.
901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with
approved signs.
901.5 Obstruction and Control of Fire Apparatus Access Roads and Fre Protection Equipment. See
Sections 902.2.4 and 1001.7.
901.6 Fre Protection in Recreational Vehicle,Mobile Home and Manufactured Housing Parks,Sales
Lots and Storage Lots.Recreational vehicle,mobile home and manufactured housing parks, sales lots and
storage lots shall provide and maintain fire hydrants and access roads in
accordance with Sections 902 and 903.
EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with
protection and access roadways as required by the chief.
SECTION 902-FIRE DEPARTMENT ACCESS
902.1 General.Fire department access roads shall be provided and maintained in accordance with Sections
901 and 902.
902.2 Fre Apparatus Access Roads.
902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901
and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story
of the building is located more than 150 feet (45 720 mm)from fire apparatus access as measured by an
approved route around the exterior of the building or facility. See also Section 902.3 for personnel access
to buildings.
EXCEPTIONS: 1. When buildings are completely protected with an approved automatic
fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the
chief.
2. When access roads cannot be installed due to location on property, topography,
waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require
PAGE 2 EXHIBIT "A"
1994 UNIFORM FIRE CODE
additional fire protection as specified in Section 1001.9.
3. When there are not more than two Group R. Division 3, or Group U Occupancies, the
requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it is determined by the chief that access
by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions
or other factors that could limit access.
For high-piled combustible storage, see Section 8102.5.1.
For required access during construction, alteration or demolition of a building,see Section 8704.2.
902.2.2 Specifications.
902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches
(4115 mm)
EXCEPTION: Vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved by the chief.
Vertical clearances or widths shall be increased when, in the opinion of the chief vertical
clearances or widths are not adequate to provide fire apparatus access.
902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved
by the chief.
902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length
shall be provided with approved provisions for the turning around of fire apparatus.
902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall
be constructed and maintained in accordance with nationally recognized standards. See Article 90,Standard
a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.
Vehicle load limits shall be posted at both entrances to bridges when required by the chief.
902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
902.2.3 Marking. See Section 901.4.
902.2.4 Obstruction and control of fire apparatus access.
902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any
manner, including parking of vehicles. Minimum required widths and clearances established under Section
902.2.2.1 shall be maintained at all times.
Entrances to roads, trails or other accessways which have been closed with gates and barriers in
accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles.
902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of
gates or other approved barricades across roads, trails or other accessways, not including public streets,
alleys or highways.
When required, gates and barricades shall be secured in an approved manner. Roads, trails and
other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2
shall not be trespassed upon or used unless authorized by the owner and the chief.
EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors,
barricades, chains, enclosures, signs, tags or seals which have been installed by the fire
department or by its order or under its control shall not be removed, unlocked, destroyed,
tampered with or otherwise molested in any manner.
EXCEPTION:When authorized by the chief or performed by public officers acting within
their scope of duty.
902.3 Access to Building Openings.
902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall
be maintained readily accessible for emergency access by the fire department.
An approved access walkway leading from fire apparatus access roads to exterior openings
required by this code or the Building Code shall be provided when required by the chief.
902.3.2 Maintenance of exterior doors and openings. Exterior doors or their function shall not be
eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional
and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such
door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less
than 314 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting background.
Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit
doors.
For access doors for high-piled combustible storage, see Section 8102.5.2.
PAGE 4 EXHIBIT "A"
1994 UNIFORM FIRE CODE
902.3.3 Shaftway marking.Exterior windows in buildings used for manufacturing or for storage purposes
which open directly on shaftways or other vertical means of communication between two or more floors
shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches
(152.4 mm)high on a white background. Warning signs shall be easily discernible from the outside of the
building. Door and window openings on such shaftways from the interior of the building shall be similarly
marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the
shaftway from the interior of the building,unless the construction of the partition surrounding the shaftway
is of such distinctive nature as to make its purpose evident at a glance.
902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of secured
openings or where immediate access is necessary for life-saving or fire fighting purposes, the chief is
authorized to require a key box to be installed in an accessible location. The key box shall be of a type
approved by the chief and shall contain keys to gain necessary access as required by the chief.
SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS
903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and 903.
903.2 Required Water Supply for Fre Protection. An approved water supply capable of supplying the
required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or
portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion
of the facility or building protected is in excess of 150 feet (45 720 mm) from a water supply on a public
street, as measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains capable of supplying the required fire flow shall be provided when required by the
chief. See Section 903.4.
903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated
tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by Appendix III-A.
903.4 Fre Hydrant Systems.
903.4.1 General.
903.4.1.1 Applicability.Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4.
903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as
required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and
shall be repaired where defective. Additions, repairs, alterations and servicing shall be in accordance with
approved standards.
903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7.
903.4.2 Required installations. The location, number and type of fire hydrants connected to a water
supply capable of delivering the required fire flow shall be provided on the public street or on the site of
PAGE 5 EXHIBIT "A"
1994 UNIFORM FIRE CODE
the premises or both to be protected as required and approved by the chief. See Appendix III-B.
Fire hydrants shall be accessible to the fire department apparatus by roads meeting the
requirements of Section 902.2.
903.4.3 Protection, marking and obstruction of hydrants. When exposed to vehicular damage, fire
hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see Section
1001.7.
903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2.
PAGE 6 EXHIBIT "A"
Tract No. 470biUGMo�6 _
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. -;47Q6_
PREPARED BY: LOUIS:ROCHA UGM No. 536
CHECKED BY: ALAN KAWAKAMI . ..... P.W. FILE No. 9821
TRACT NAME: PHASE IT TR.*4677: GROSS ACREAGE 5402
ZONING: R-1/UGM NET ACREAGE 241:93Q
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS F 90:
WITH 3 OUTLOTS
G:OLDEN'<DAWN?FRESNO LP a Califomla Limited Partnershi
ADDRESS: 16830: entclra.Boulevard.::
Encino,Calfomia X1436
209 .276-2424 A,P.N<:313 280=50s... .... ......
I SUBDIVISION CALCULATION SHEET(Includes Early Construction Agreement Calculations)
(Bonding Amounts)
1a.Water Construction
Engineer's Estimate $6,3':;460;00?
Adjustments $18:;954:00:
Adjusted Cost Estimate 2. $82 414:00:;
1 b.Water Well Construction
Engineer's Estimate
Water Well Head Treatment ;-..:.;;:;:$0.00;;
Adjusted Cost Estimate $Q00;
1c.Water Construction (Part of Early Agreement)
Engineer's Estimate $0'.00
Adjustments
Adjusted Cost Estim `0,001 $0.00`
page 1 EXHIBIT "B"
Tract No.47061UGM536 31-Aug-98
2a. Sewer Construction
Engineer's Estimate <:::$87;320;00;;
Adjustments <>i<$14:,6--88–.—00-1
Adjusted Cost Estimate 102;008.00:: $1.02,008:00::
2b. Sewer Construction {Part of Early Agreement)
Engineer's Estimate $0 00
Adjustments
Adjusted Cost Estimate
3. Storm Sewer Construction (Part of Early Agreement)
Engineer's Estimate $0 00
Adjustments
Adjusted Cost Estimate : 0. $0:00
4. Street Construction (Part of Early Agreement)
Engineer's Estimate $O,OOi
Adjustments - $
Adjusted Cost Estimate $0s00<
4a. Street Construction
Engineer's Estimate
32849500
Adjustments ($30;063.00)
Engineer's Estimate (UGM)
Adjustments(UGM) 80 00
Storm Drain Construction $11;452 0
Adjustments
page 2 EXHIBIT "B"
Tract No. 4706/UGM536 31-Aug-98
Street Construction Continued
Landscape, Fence and Irrigation Construction
Perimeter Masonry Wall or Solid Fence Construction
848 LF ;;$28 O: /LF. $23;744.007
Landscape/Irrigation Construction
12000 SF '$2 00' Ea $24000.007
Median Island Landscaping
@ $0:00;: Ea
Adjusted Cost Estimate
E-1 Type Electroliers
J<1'0 @ liI. 13;000.100 Ea F77$30xo.66
E-2 Type Electroliers
20 @ :$2;500:007 Ea F7 .$50;00000::
Safety Lighting
1. @ ;:;.$10;000 00 Ea $10;000:00>::
Total Adjusted Street Estimate 63tl b $45. .19000
Total Construction Cost for Inspection Fee Calculations
SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) ......v
ECA Total for Sewer Water and Stone Drain (For Inspection Fee Calculations)
ECA Total for Streets (For Inspection Fee Calculations)
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations 1635,6 00
7%of First$10,000.00 ($300.00 min) $7.00i00
4% of next$490,000.00 x;$:1'96000
2.5% of cost over$500,000.00
Total Inspection Fees
Inspection Fees paid with the E. C.A. -$0.00
Total Inspection Fees Due with this Agreement
page 3 EXHIBIT "B"
Tract No. 4706/UGM6J6
Sub-Total For Construction Cost Bonding 1 .
Lot and Block Corners, 255 @ $50 00 Ea $12,75 0;00::
Sub-Total For Construction Cost Bonding IF'763972-m
Construction Contingency $666380
Total Estimated Construction Cost If�77�71
CONSTRUCTION�TJION FE kL ESTIMATED COST OF
Total Inspection Fees Due with this Agreement
Total Estimated Construction Cost
SECURITY CALCULATIONS
Performance Security
100% of the Total Estimated Construction Cost
5% Security Deposit(Cash or C.D.)
Performance- 95%
Payment Security
Labor& Materials- 50%
Warranty Security:
5% of First$50,000.00 $2>500 00>
3% of Next$50,000.00 $1;500 00
11% of Next$400,000.00 $4;000 00
1/2% of Costs Over$500,000.00 $7075.00>
Total Amount to be Retained for Warranty
page 4 EXHIBIT "B"
Tract No.4706/UGM536 31-Aug-98
II SUBDIVISION FEES AND CHARGES
The Subdivider has deposited with the City the sum of
One Hundred Seven Seven Thousand'Foue Hundred Seven -Nine and 33/400 iDollars.
($ $177:;479.331;' )for the following:
(1) INSPECTION FEES "';:121,'690.361
(2) MONUMENT CHECK FEE
`93 LOTS @ $30,00` /LOT(Including 3 Outlots) $2;790:00
(3) INTERSECTION SIGNING
T'2 @ $173 OOi` ea [— '$2,076;007:
(4) TRAFFIC REGULATORY/WARNING SIGNING
= @ $7/00 ea $847:00'
(5) NO PARKING AND BIKE LANE SIGNING
0 @ $77 00 ea
(6) STREET TREES:
A. City/Privately:.planted lot trees to be maintained by the lot owners.
�:t Trees @ $. 07 00> (Tree $0::00
B. Street Tree Inspection Fee:
(a) Privately planted Lot Street Tree to be maintained by the lot Owner.
;150 Trees @ $ $'28 00' /Tree � ;$`4;200 007;
(b) Privately planted Buffer Street Trees to be maintained by the City's Lighting and
Landscaping Maintenance District No. 1
(O=no 1=yes) $293 00<
(7) FMFCD DRAINAGE FEE Zone District R 11UGM'
0;0000 Ac @ $0 00 /Ac 10:00:
(8) POND MAINTENANCE FEE
0:00' SF @ $0 00!: /SF .$0:00:`
(9)SEWER TRENCH WATER COMPACTION CHARGE
[� 53011CY @ ::$0 127: /CY
(10) UGM FIRE STATION FEE
(Service Area No. 15 )
(Zone District No.
Deferred by Covenant 1 (0=no 1 yes
26'_5402 Acres @ $605.00 /Ac $16`;056.82:
Total UGM Fire Station Fee Due with Agreement
(11) UGM NEIGHBORHOOD PARK FEE $0.00
(Service Area No. 2 = )
(Zone District No. R-17UGM )
Deferred by Covenant i 1 (0=no 1 yes
;;76.5402 Acres @ $1;650100 /Ac $43:;791 33
Total UGM Neighborhood Park Fee Due with Agreement
page 5 EXHIBIT "B"
Tract No. 4706/UGM536 31- ug-98 SANITARY SEWER CONNECTION CHARGES «>$8257920
(a) Lateral Charge -All Mains to installed by the Subdivider
Deferred by Covenant < :1! (0=no 1=yes
0.00 LF @ $0 00 /LF $0 00
0.00 LF @ $0.001:1/1-F $0 00
Total Lateral Charge Due with Agreement
(b) Oversize Charge
........... .... ...
UGM Reimbursement Area No. 37
..... ........
Deferred by Covenant1 (0=no 1=yes
2-6-5-4-0 27 Ac @ $240.00 /Ac $613.69:65:].
Less Oversize Credits- (from Phsae I Tract No.4677) [ li < $214:73i007 ]
Less Overdepth Credits- ( From Phase I) [ i; $13 196 00. ]
Net Oversize Charge
Total Oversize Charge Due with Agreement -Paid w/Credits
(c) Trunk Sewer Charge
Trunk Sewer Service Area Fowler
110:4° UNITS @ $7:48 t)0; /UNIT $82;579 20
(d) Major Facilities Sewer Service Charge and Wastewater Facilities Charge
Fee obligation to be paid at the then current rate in effect at the time of issuance of
building permit. The following fee rates have been adopted by the Fresno City Council.
MAJOR FACILITIES WASTEWATER FACILITIES
Effective Dates:
Non-Trunk Sewer Area =$200.00/unit 09/01/1996=$2,180.001 unit
Trunk Sewer Area =$400.00/unit 09/01/1997=$2,310.00/unit
09/01/1998=$2,450.00/unit
09/01/1999=$2,600.00/unit
Total Sewer Connection Charges
(13)WATER CONNECTION CHARGES $514634:63::
(a) Time& Material Charges ("Wet-Tie") $7 500 00>
Water& Materials Estimate No. 1:4612
Water Job No.
(b.1) Service Connection Charges
Deferred by Covenant 1 (0=no 1=yes
89 t"METERS @ ::$320 00. Ea. $27-840 00`.'
Lots: 19, 51 and 75
311-1/2"METERS@ :::$470'.00::; Ea. 14t'410-001i
2" METERS @ Ea.
2-1/2"METERS@ Ea. _10-001:
1"SERVICES @ Ea. $0 00;.
1-1/2"SERVICES Ea. «$0 00
Total Service Connection Charges Due with Agreement
............ ....
(b.2) Service Connection Charges Continued
Landscape Service Connections(Not Deferrable by Covenant)
2 2" METERS @ $620 00 Ea. i $1;240 00<
2 2"SERVICES @ $1i 010.00 Ea. $2;020 00
page 6 EXHIBIT "B"
Tract No. 4706/UGM536
(c) Frontage Charge
Deferred by Covenant E:>::::: (O=no 1=yes)
Kings Canyon - No Sevices,All other Mains to be installed by the Subdivider
<-:609!60 1 LF @ $3':25` /LF .:$f;981 20:
Total Service Connection Charges Due with Agreement
(d) Fire Hydrant Charge
Zone District R-11lJGM
-:118263110 SF @ -' $0351/100 SF $6;197.33>
(e)Transmission Grid Main Charge
UGM Reimbursement Area No. E
Deferred by Covenant :i1 (0=no 1=yes
26.5402 AC @ ::...$560.00: /AC $14,862.5-1:.:
0.0000 1 AC @ $0.00 /AC -::.:.:$0.00:.
Less TGM Credits-(From Phase I Tract No.4677) [ $29;559 31! ]
Net TGM Charge Deferred
Total TGM Charge Due with Agreement -Paid with Credits
(f)Transmission Grid Main Bond Debt Service Charge
Deferred by Covenant . (0=no 1 yes
726;�AC @ <$243 00 $6',;449 27
Less TGM Bond Debt Credits [ `,...........;`',.$0;00 J
Net TGM Bond Debt Service Charge Deferred $6 449 27>
Total TGM Bond Debt Service Charge Due with Agreement
Fee not applicable for two years after map recordation,then due at wilding permit or all undevelped lots.
(g)Water Construction Charge
790 LOTS @ $1:2.$> /LOT $112 50
UNIT DEFINITION for Well Head Recharge Fees 1994 Bond Det &Water Supply
Units by: Livin units plus Living Units Equivalents L. U.E. for Outlots A, B& C
3.5242 Net Acres x 5_8 (L.U.E.) per net acres=20.4 Units
(g) UGM Water Supply Charge
Supply Well No. 1501
-110,4 I UNITS @ :::$507,001:I/UNIT ::$55;972:807:
Less Well Credits-(From Phase I Tract No.4677) [ <$201-835..001:: )
Net Well Charge Paid with Credits
(h)Well Head Treatment Fee
Well Head Treatment Service Area 501:
. 1.10:4 UNITS @ $20Z`00': UNIT/LOT $22;852:80;`
(i) Recharge Fee
Rechar a Service Area 501
; 110;4 1 UNITS @ $61.00' UNIT/LOT ;$6;734.40':'
Q) 1994 Bond Debt Service Fee
1994 Bond Debt Service Area:
1) Lots: 1 through 90, inclusive
Deferred by Covenant 1 (O=no 1=yes
Ii90 UNITS @ '$244.00! UNIT $21;960.00'
Total 1994 Bond Debt Service Fee Due for Lots 1-90 with Agreemen :'
page 7 EXHIBIT "B"
ract No.4706/UGM536
2) Outlots A, B and C —Not Deferrable
F777726:4 UNITS @ $244'.00 UNIT/LOT $4;977:60
Total Water Connection Charges
(14) UGM MAJOR STREET CHARGE $Oi001
Zone D-1 /E-2
Deferred by Covenant 1 (O=no 1=yes
24':1930 AC @ '$2 1 80 00 /AC ;::...:::;:$52:1:740-.74
Less Major Street Credit-(From Phase I Tract No.4677) $166;249.00': ]
Less Major Street Credit-(From Phase 11 Tract No.4706) :$15;951::00:: ]
Net Major Street Charge This Zone
Total UGM Major Street Charge Due with Agreement Paid with Credits
(15) UGM MAJOR STREET BRIDGE CHARGE " $0.
Zone
Deferred by Covenant 1 (O=no 1=yes
<. 24.1930 AC @ 1:::::'::::::$210.00: /AC $5;0.80.53
Less Major Street Bridge Credit [ $0 00 ]
Net Major Street Bridge Charge $5:080 53;
Total UGM Major Street Bridge Charge Due with Agreement
(16) UGM TRAFFIC SIGNAL CHARGE
Deferred by Covenant 1 (O=no 1=yes
2471930 AC @ $860 00 /AC $20;805 98::
Less Signal Credit
Net Traffic Signal Charge $20;805 98'
Total UGM Traffic Signal Charge Due with Agreement
(17) UGM GRADE SEPARATION CHARGE -N/A
Deferred by Covenant 771(O=no 1= es) $Oi.00 -N/A
Service Area, Zone: E-4 A ':_..........::..:.::
24':1930 AC @ /AC
Total UGM Grade Separation Charge Due with Agreement
(18) UGM AT-GRADE RAILROAD CROSSING FEE - N/A _'':',:$0 00> -N/A
Deferred by Covenant (O=no 1=yes)
-::...
Service Area: .....
:24:1930 AC 0 /AC ?$0 00>
Service Area: .:
QAC @ /AC $0 00
Less At-Grade Railroad Crossing Credit [ ]
Total UGM At-Grade RR-Xing Fee $0 00;
Total UGM At-Grade RR-Xing Fee Due with Agreement1
(19) UGM TRUNK SEWER FEE -N/A ' :$0;00;; -N/A
.... .... ... ............................ ............. .. . .
Service Area
Zone District R-1/UGM'
Deferred by Covenant 1 (O=no 1=yes
26'.5402 AC @ /AC $0.00':
AC @ /AC $0 00
LOTS @ /LOT $0.00:
Total UGM Trunk Sewer Fee Due with Agreement
page 8 EXHIBIT "B"
Tract No.4706/UGM536
(20) OVERLAY SEWER SERVICE AREA-N/A — :$000<> -N/A
Deferred by Covenant (0=no 1 yes
26:5402 AC @ /AC ...$0:00
Total Overlay Sewer Fee Due with Agreement =:$0100
(21) UGM MAJOR STREET RIGHT-0F-WAY ACQUISITION CHARGE -N/A
(22) UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE -N/A
(23) UGM MAJOR STREET BRIDGE RIGHT-0F-WAY ACQUISITION CHARGE
(24) UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE -N/A
(25) LANDSCAPE MAINTENANCE DISTRICT FEE >$8;72820:':
A Anticipated Maintenance Cost(Planter Areas)
90 Lots @ $78 98 /Lot. :$7'1.08.20::
B Incidental Expenses (Legal fees Publications, Mailings, Engineering)
90 Lots @ $18 00;< /Lot $1',620 00
(26) PRIVATE IRRIGATION LINE MAINTENANCE FEE
/LF
TOTAL FEES AND CHARGES DUE WITH AGREEMENT
page 9 EXHIBIT "B"
Tract No.77MITM5363
III FEE DEFERRALS
(1) UGM FIRE STATION FEE $1:6'`056x82::
Service Area No. : ERR
Zone District No. '1/UGM__
__._._.
Deferred by Covenant
26:5402 Acres @ ;:$605.00 /Ac 1: :'11,61056:82
Total UGM Neighborhood Park Fee Deferred by Covenant
(2) UGM NEIGH130RHOOD PARK FEE _ $43,791::33'
Service Area No. 2 ><
Zone District No. R-11UGM
Deferred by Covenant
<26 5d02 Acres @ $1;650300; /Ac -14339t.31.
Total UGM Neighborhood Park Fee Deferred by Covenant S43jn=I
(3) SANITARY SEWER FEES
(a) Lateral Charge -All Mains to installed by the Subdivider
Deferred by Covenant
0:00 LF @EM/LF
/LF $0 00
0:00 LF @ $0 00
Total Lateral Charge Deferred by Covenant
(b) Oversize Charge
UGM Reimbursement Area No.
Deferred by Covenant
=:26:5402 Ac @ $240:00: /Ac $6;369 65
Less Oversize Credits ( $23;473 00> ]
Less Overdepth Credits ( $13 196 00<> ]
Net Oversize Charge
>$0.00::::
Total Oversize Charge Deferred by Covenant ............." Paid with Credits
(4)WATER CHARGES $3:1 2312Q«
(a)Service Connection Charges
Deferred by Covenant
87 1" METERS @ $320;00 Ea. $27;840 00
Lot: 19 51 and 75
3` 1-1/2"METERS@ :..;..::.$470.00:: Ea. $1;410 00
0 2"METERS @ $0:00€ Ea. 10:00
a>:0 2-1/2" METERS@ 50-00 Ea. $0:00
0 1"SERVICES @ $0.00: Ea. $0 00
0
1-1/2"SERVICES $0.00< Ea. ::$0 00>
Total Service Connection Charges Deferred by Covenant
(b) Frontage Charge
Deferred by Covenant
Kings Canyon- No Services,All other Mains to be installed by the Subdivider
609.60 LF @ $3.25: /LF $1;981.120::
Total Service Connection Charges deferred by Covenant 1;98.1:20
page 10 EXHIBIT "B"
faCi NO. X41 J b
(c) Transmission Grid Main Charge
UGM Reimbursement Area No.
Deferred by Covenant
26 5402 AC @ $560 00 /AC $14 862 51 s
26:5402 AC @ $0.00' /AC < $0 00
Less TGM Credits
Net TGM Charge $0:00::
Total TGM Charge Deferred by Covenant Paid with Credits
(d) Transmission Grid Main Bond Debt Service Charge
Deferred by Covenant
F77YgElAC @ $243.00. /AC $6;449:27'
Less TGM Bond Debt Service Charge Credits
Net TGM Bond Debt Service Charge $6;449 2Z«
Total TGM Bond Debt Service Charge Deferred by Covenant "
-" Fee not applicable for two years after map recordation,then due atui ing permit for all undeveloped lots.
(e) 1994 Bond Debt Service Fee
Service Area No. 501'
Deferred by Covenant
F7777777790 Units @ $244 00' /Unit :::::.;...$2T'960.00..
Total 1994 Bond Debt Service Fee Deferred by Covenant /
(3) UGM MAJOR STREET CHARGE ..!
Zone Dm1`/E 2 <i.
Deferred by Covenant
724 1930 AC @ $2,1:80 00 /AC $52>7.40:74.
Less Major Street Credit-(From Phase II Tract No.4706) $166;249 00« ]
Less Major Street Credit-(From Phase II Tract No.4706) $15 951.00. ]
Net Major Street Charge This Zone $0;00::
Total UGM Major Street Deferred by Covenant -Paid with Credits
(6) UGM MAJOR STREET BRIDGE CHARGE
Zone ! D-11&2= >
Deferred by Covenant
7:24:.1930 AC @
7$210 00 /AC
Less Major Street Bridge Credit
Net Major Street Bridge Charge
Total UGM Major Street Bridge Charge Deferred by Covenant
(7) UGM TRAFFIC SIGNAL CHARGE
Deferred by Covenant
24.11930 AC @ $860;00 /AC 120,805.98..
Less Signal Credit [ !I $0.00:' ]
Net Traffic Signal Charge ;;120,805.9&:
Total UGM Traffic Signal Charge Deferred by Covenant
page 11 EXHIBIT "B"
,act No.4706/UGM536
(8) UGM GRADE SEPARATION CHARGE -N/A
Deferred by Covenant $O00` -N/A
Service Area, Zone: R-1/UGM
24:i 930 AC
@ *30:00 /ACi ': .
Total UGM Grade Separation Charge Deferred by Covenant
(9) UGM AT-GRADE RAILROAD CROSSING FEE - N/A -:! :30.00*': -N/A
Deferred by Covenant
......... ................... .........................
Service Area:
>24 ]930 AC $0.00' /AC
Service Area:
0.0000 AC @ $O.00I' /AC $0.00:
Less At-Grade Railroad Crossing Credit [ $0.00:: ]
Total UGM At-Grade RR-Xing Fee :$0:00:
Total UGM At-Grade RR-Xing Fee Deferred by Covenant
(10) UGM TRUNK SEWER FEE -N/A ; $OOO -NIA
Service Area
Zone District R-1/UGM :.:
Deferred by Covenant
F777T6 AC @ ;$0.00: /AC
AC @ IAC $Q.00<
LOTS @ /LOT $0 00
Total UGM Trunk Sewer Fee Deferred by Covenant
(11) OVERLAY SEWER SERVICE AREA-N/A $0;00 -NIA
Deferred by Covenant
26:54 AC @ a'$0`.00 /AC $0.00::
Total Overlay Sewer Fee Deferred by Covenantb
TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT > 'I
page 12 EXHIBIT "B"
1
ACKNOWLEDGEMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE SPECIAL TAX
I/We the undersigned, have been advised by the Subdivider's Representative that the lot(s) I/we have
purchased are situated within City of Fresno Community Facilities District No. 2 and that such district
was formed by the City Council to fund the installation and maintenance of landscaping.
We hereby acknowledge and understand that the property I/we have purchased, lot(s) of Tract
No. 4706/UGM No. 536, is subject to an annual special tax currently estimated at$ 91.98, and that this
amount represents my/our fair share of the costs for the installation and yearly maintenance of landscaping
maintained by the City. I/We understand that the current estimated special tax is only an estimate for the
current year and that the amount of the special tax may increase in future years without notice.
I/We also understand that even though an additional amount may be levied to landscape and maintain
median islands, it is not presently included in the annual special tax levy.
Purchaser Date
Co-Purchaser Date Subdivider's Representative Date
[EKH-HINY "C',
(Ft4706 June 16, 1998)