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HomeMy WebLinkAboutT-4707 - Agreement/Covenant - 8/17/2006 i P. W. File No. 9770 Public Works Department UGM No. 484 City of Fresno SUBDIVISION AGREEMENT Tract No. 4707 Phase IV of Vesting Tentative Tract No. 4300 THIS AGREEMENT is made this day of 6et— 19!2,5 by and between the CITY OF FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and REGENCY-WILSON III a California Limited Partnership, 1233 West Shaw Avenue, Suite 105, Fresno,California 93711, hereinafter designated and called the "Subdivider," without regard for number or gender. RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City, and known and described as Tract No. 4707, Phase IV of Vesting Tentative Tract No. 4300 Agreement, and said Subdivider has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. ..ti.. ''r' }.t- - - _ ��: � - �. Y 't:{ L rrr,•l,os4.M1 t s. J���.!{�� •. r r :r i !t _ y.�� y�. - ��: !y•.r ✓r.r{ r'i.r3 ?1 ! v! ! :r. .. .•i•rz .r,:,.4 7:j-:J' � .l-_- '$` I•{• _,•{:��•'.��! {.� r .�• tip• •}iti-••. I till Iffsp, A MAIN I I i .ti. •.ti•: :7:' i[%: .7r✓:v?•: ••. �.: - ! •'_?w(?�.. '7T,F' L q •�:-'Y.S;xr:!L p• y....,r; �:r. �:i::'�.� ;:}:. I .;.;f ":i.:�; �;'y:i.{.y•}_' aJt�:' YL .ifi: •�:yy.{.;Y►-'='• :./.•7. ... :•:•ti' Vii} - .r. .Pf:.•�'�: r. T •tv ti• .L••L_:r�i• .r.•.. .L.Y.. • I I JL :f?. �J •`til::: •�ti:: ::•:�.• .y.• - ..tip: •;.••. r f r�• - �. j i _ I • i I I . i i I , Subdivision Agreement Tract No. 4707 Page 2 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. 1 Subdivision Agreement Tract No. 4707 Page 3 4QUEMENT I In consideration of the acceIPtance 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 followjs: 1. The Subdivider shall: IL Perform the work and improvements h inafter specified on or before October 31, 1996,except the construction of sidewalk and dri eway approaches(excluding driveways without sidewalks which''envy be further deferreupon written request to the Public Works Director). b. Lot corner mon ntation shall be co plated upon construction of the residential dwellings in Tract No. 4707 but no later th October 31, 1997, 40 the satisfaction of the Director of Public Works and/or the Cit Engineer, C. The Subdivision lot and buffer trees s 11 be planted by , October 31, 1997, or upon occupancy of each individual dw lling,whichever occurs first, to the satisfaction of the Director ::of the' Parks, Recreati n and Community Services Department; d. Issuance of bui ding permits for any s cture within the subdivision shall conform to the requirements f true Uniform Fire Co e (UFC). The Subdivider's attention is particularly called to OF Sections 10.105(c), 10 201, 10.401, 10.402, 10.403, and 10.502 shown in Exhibit "A' attached hereto and ereby made a part of this Agreement. No occupancy permit shall be issued until an pproved "all weather" street frontage and access is constructed rth approved streetligh ing on line and operational. The issuance of any occupancy pe -ts by the City for d ellings located within said subdivision shall not be construed i any manner to constitut an acceptance and approval of any or all of the streets and improvements in said subdi ision. Subdivision Agreement Tract No. 4707 Page 4 e. Construction of the City's Sewer Lift station as a requirement of Tract No. 4421, adjacent west of Tract 4707 shall be fully operational and accepted by the City of Fresno prior to occupancy of any dwellings within Tract No. 4707. f. The construction of West River Vista Drive east to West Alluvial Avenue shall be completed and accepted by the City before the City will grant occupancy for any lot north of the West Bedford Avenue alignment (i.e. Lots: 1 through 85, inclusive). 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. Subdivision Agreement Tract No. 4707 Page 5 j 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 shalt submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or survieyor for the final sett in of all monuments required in the subdivision. b. All utility systems shall be installed underground Subdivider's attention is dire ted to the installation o street lights in accordance with, Resolution No. 68-187 and Resolution No. 78-522 or any amendments or modifications which may be opted by Council prio to the actual installation of the lights. The Subdivider hall construct a compl to underground street 'light system as approved by the T c Engineer prior to nal acceptance of the subdivision. Height, type, s acing, etc., of standards and luminaries shall be in accordance with Resolution Nos. 78-522 and 8029 or any amendments or modifications which may be dgpted by Council prior to the actual installation of the lights and shall be appro ed by 'the City Traffic ngineer. Section 12-10101(h) of th City of Fresno Mitnicipal Code requires the undergrounding of overhead utilities within the sub ivision. Completion of all undergrounding of overhead tilities will be required y Construction Management prior to release of securities. C. Water main ext sions and services including construction of a water supply well at Well Site No. 187 shall be provided its accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Munijcipal Code and all applicable charges shall apply. d. Sanitary sewer xtensions and services I'shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all appl cable charges shall app y. e. Lot drainage s all be in accordance wi h Section 13-120.7012 of the Fresno Municipal Co e. f. All "Dead-End Streets created by this subdivision shall be barricaded in accordance wit City Standards within even (7) days from the time said streets are surfaced, or s directed by the City ngineer. I Subdivision Agreement Tract No. 4707 Page 6 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 (in the Early Sewer, Water and Storm Sewer Agreement, dated July 21, 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 Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. As a condition of final map approval, the Subdivider is required to install landscaping and an irrigation system in a 10-foot landscape easement along the rear and side property lines of all Lots which back-or side-onto the West river Vista Drive Frontage of the subdivision. The Subdivider has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance district has been formed to provide for continued care and maintenance of the required landscaping. The Subdivider also agrees to sign a petition asking the council to include this Tract in the existing District. j. As a condition of final map approval the Subdivider is required to pay a street tree fee for buffer street trees 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 landscape easement along the West River Vista Drive Frontage of the subdivision to the City Parks, Recreation and Community Services 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 anv tree for maintenance purposes which is not included in the approved landscaping plan. ► : .` I II Subdivision Agreement Tract No. 4707 Page 7 k. As a condition Of final map approval, the Subdivider is required to pay a street tree fees for lotes in accordance with a master fee resolution, In lieu of paying the street tree, the Subdivider has accepted responsibility for the required individual lotl, tree planting and has Posted Perfortaance Security to secure planting and main ce until acceptance of the street trees the P g e'P by City Parks, Recreation and; Community Services Department and accepted maintenance by lot owners. The Subdivider has entered into a "Developer Tree P • g Agreement" with the City and shall obtain a street work permit for all Ian installation sbown on the plans as part of the "Developer Tree Planing A ent,"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 a obligated to accept any tree which is not include in the approved landscaping plan. 4. Perform and construct all work shown on the �bflowing referenced plans together with all other street improvements uired b Sec�ion 12-1012 of the Fresno g �1 Y Municipal Code in accordance with li the City of Fresno standard specifications and the construction plans. i a. City Drawings Nos: 10-C-7047 throu 10-C-7055 with Water Job No.4271 (9 sheets),inclusive 15-C-9150 through 15- -9164(15 sheets),inclusive; 4-C-408 (1 Sheet) inclusive. 5. The Subdivider has deposited with the Ci the sum of One Hundred Twenty-Three Thousand Four Hun d Seventeen and 10/1 Dollars (S123,417.10) for the total fees and charges obligation as a condition of final p approval. The total fees and charges are more particularly temized in Exhibit "Bl" attached hereto and hereby made part of this Agreement. Subdivision Agreement Tract No. 4707 Page 8 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 lots: 34,35,36,37,73,74 and 75 inclusive, 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 lot 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 lot 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 until the City issues its written release. No written release shall be issued unless the City Engineer is satisfied that all temporary facilities 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 Subdivision Agreement Tract No. 4707 Page 9 ce with and rf rmed in accordance said work, it is agreed that the same I s be done pe gre hill 0 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 Ci of said final map, the Subdivider shall famish to the City: a. Performance security in the sum of Six Hundred FourtyFive Thousand and 00/100 Dollars ($1645,000.00), which is equal to 1000% of the total estimated cost of the work requirtd. Five percent(5%)of said amount,Thirty:Two Thousand Two Hundred F* and 00/100 Dollars ($32,250.00), shall be cash or a Certificate of Deposit; the remaining 95%, Six Hundred Twelve Thousand Seven Hundred F' and 00/100 Dollars $612 750.00 shallbe in the form of a bond or Fifty ( � ) irrevocable instrument of credit;all to be conditioned upon the faithful performance of this Agreement; and b. Payment securi it the sum of Three H dred Twenty-two Thousand Five Hundred and 00/100 Dollars($322,500.00), whic is equal to 50%of the total estimated cost of the work required to secure pa ent to all contractors and subcontractors performing work on said improvemen and all persons furnishing labor, materials or equipment to them for said impro ements. Bonds shall be by one or m re duly authorized co rate sureties subject to the approval of the City and on orms famished by the ity. c. Performance sec 'ty in the sum of 04 Thousand Seven Hundred and 00/100 Dollars ($1,700. ), which is equal to 00% of the total estimated cost of buffer street tree lanting and maintenan a required. One hundred percent (100%) of said amo t shall be cash or a Ce ificate of Deposit, all to be conditioned upon the faithfu performance of this a eement. i Subdivision Agreement Tract No. 4707 Page 10 d. Performance security in the sum of Eleven Thousand Six Hundred and 00/100 Dollars ($11,600.00) which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. e. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 9. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Eight Thousand Seven Hundred Twenty-Five and 00/100 Dollars ($8,725.00), 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 Owner to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 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 Subdivision Agreement Tract No. 4707 Page 11 f e ' er ere rel and covered b this Agreement, or an thereof Th Su 'vid hereby eases Y 8� Y P� agrees to indemnify, defend, and a the City harmless m and against any and all injuries to and deaths of persons, and all claims, deman costs, loss, damage. and liability, howsoever same may be caused, resulting directly or indirectly from the. performance of any or all work toI done in and upon the street rights-of-way in acid subdivision and upon the premises 'aicent thereto pursuant to this Agreement, and also from all injuries to and &MM'Df— rsons, aid all claims, mands, costs, loss, damage and liability, howsoever same may b caused,either directly or indirectly made or suffered by the Subdivider, the Subdivider's gents, 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 hereinbef re specified, shall be at a sole and exclusive risk of the Subdivider at all times prior to nal acceptance by the City of the completed street and other improvements thereon an therein. 12. The Subdivider shall emedy any defective w rk or labor or any defective materials and pay for any damage o other work resulting erefrom which shall occur . within a period of one (1) year fro the date of acceptanc of the work. 13. The Subdivider and his subcontractors sh 11 pay for any materials, provisions, and other supplies used in, upon, for, or abouthe performance of the work Subdivision Agreement Tract No. 4707 Page 12 contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 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. Subdivision Agreement Tract No. 4707 Page 13 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 Fresn' bye placed in the position of making decisions that are the responsibility of the Subdi 'der. It shall further be the responsibility of the. Subdivider to give the City Enginee�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 uy hich the Subdivider shall be solely responsible. 17. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided If Subdivider fails to duly notify City as herein required, any work done in the absence of the Enginee will be subject to rej tion. The inspection of the work shall not relieve the Subdivider of any of his obligati o to fulfill the Agreement as prescribed. Defective work shall b made good, and unsui ole materials may be rejected, notwithstanding the factt such defective work d unsuitable materials have been previously overlooked by the ngineer or Inspector a d accepted. Subdivision Agreement Tract No. 4707 Page 14 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 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, i Subdivision Agreement Tract No. 4707 Page 15 the City Engineer may, without forthr notice of any kind, case any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by f: equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City,forthw'ith, upon receipt of billing therefor, the entire cost to City of such sprinkling or oiling. When the surfacing on any existing seW is disturbed, this surfacing shall be laced with temporary ori permanent surfacing within fourteen (14) calendar days, andthq 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 tI ese operations. 20. Concrete curbs and gu era,the sanitary sewer system and house comnectionsj together with water mains, gas ma' s, and their respective ervice connections, shall be -1- i completed in the streets and alleys before starting the stree and alley surfacing. 21. Time is of the essence of thisi Agreement, and �he same shall bind and inure to the benefit of the parties hereto, �heir successors and ass gns. 22. No assignment of t is Agreement or ofy duty or obligation of performance hereunder shall be ma a in whole or in part b the Subdivider without the written consent of City. i� Subdivision Agreement Tract No. 4707 Page 16 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation REGENCY-WILSON III, a California Limited Partnership RAYMOND G. SALAZAR,DIRECTOR BY: Leo Wilson Co., Inc. PUBLIC WORKS DEPARTMENT a California Corporation as General Partner lt/1� By o A. Wilson, President ATTEST: JACQUELINE L. RYLE CITY CLERK By 04,-;nd.�t, Nay"44,., Deputy APPROVED AS TO FORM: HILDA CANTLJ-MONTOY Ci tto ey By Deputy (Attach Notary Acknowledgement) LR:jad:ds:K:'COM'1WT4707.AGR saw CALIFORNIA ALL-PUR it ACKNOWLEDtiM State of cAlifor is County of FreeF,o On August 30, 199 before me Pat icia A. Bi:lar, notary Pubo: DATE NAME.Tmf OF OWAM-E0.JANE WIL NOTARY I UWJW personally appeared Leo A. Nilson NM*MOF Q personally known to e - OR - ❑ proved to j me on the basis of satisfactory evident to b the person(sf whose name(s) its/$ subscribed to the within instrument Aind.l knowledged to me that he/ exec the Same in his/ r authork capapity(iW, and that by hishmnNhk . :: signatiore(l) on the instrument the, Person( or th10 entity upon behalf of which` th) ` person(S) acted, executed the instrument PATRICIA A. B XUR ae, NOTARY PUBLIC-CA IPOO141A WI I N4SS my hand and official seal. lie FRESNO COON Y My Comm.Expire"Mu h td+t4Y7 • �Qr SMATU11111 OF NOTMY OPTIONAL Though the data below is not requi by law,it may prove valuable to persons relying on the document and could Wovei fraudulent reattachment of this form. 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WIML N g _ 3AcWa KI ---------- \ I I 1 of I O I, 7•` l r + r """•e,•• y �'h-L '►c'I` � �' �% � �� t ^ ' t l��t It 9 _.�1�iAr J �t ~_8 �•+2"Bi ; �'�- 'i _L:'� lA�ltlall n 4 8 . Sb �' N. r • A ! }'w en11 . • L. M fff i4 yy r 3'! a QG.� �� Il �-�/ � r� S .r 8 �_ '_°,•,• ey^ � Ae � Rsi s r. 'Mgt � l I ^ � 474 13 e YI!$�. N O / l�hr!I 7-�a1 ��� r.Y^� r. 'h{� - � .v...t t. ..t ,.•. a.r I ,,4.C. ,�.� �8 •. 4.e� T3 3�d �•d -y..8 - = r_r ` - .: � i•4- '�,.. aP �a a ' -`:��•t 'i 'e t- '•+ .n.,e.�. ,•$� ^ �8 0 3-. / / :'�.y,� 4 C� rt. 0p•>. • :e i_.Y"'.R�: �,_e -'T.a-e.-.� •S•.. 8y ... :a< A`� �-1.��_-�'!•' '- .• 'a: n � � y` �9�•'(. �t`�� n � `off�;:� B a' } �a3N+3Ar`,j-rte?� i...-d $ai ,$ {8 ..��. •'ro.i3 #? Y• ir1.���a[tee»^e �•t.,.K.w l—�- `A - r��. .e. �er ro' `�• 3 ? ..., a "I. yy w- Y ............................, `�� r"' '`,� _l• In9Z'la $yxA •,aa ^� � � _ ... � "� � � ... `•Vi7 (4..: _ '�y a�-81s A $ ase =va:.ss3--�A:A;; - �s�:.ae.� '_- '�;���...... — a. . ^••�,� r� •�xa� 1881 UNIFORM FIRE CODE PART Ill GENERAL PROVISIONS FOR FI E SAFETY R"TICLE 10 FIRE PROTECTION Division (GENERAL Scope Sec. 10.101. Fire protectiontfAUTOMATIC in accordance with this article. i Definitions Sec. 10.102. For definitionFIRE-EXTINGUISH NO SYSTEM, FACILITY, FIRE DEPARTMENTCONNECTION and STANDPIPE SYSTEM, we Article 9. Permits Sec. 10.103. A permit isreq ' to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water sy and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 4 JOS. EXCEPTION: A permit is no: 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-protecti n Equipment and Lite*Barriers Sec. 10.104. (a) Fire De It Property. Apparatus equipment and appurtenances belonging to or under the supervision d control of the fire ent shall not be molested, tampered with, damaged or otherwise disturbed unless au by the chief. (b) Fire Hydrants and Appliances. Fire by is and fire appliances required by this cede to be installed or main ' od shall not be remov , tampered with or otherwise disturbed except for the purpose of ex guishing fire, training, barging, or Makin oeoessQy repairs, or when allowed by the fire ent. When a fire fiance is removed as herein allowed, it shall be replaced or reins ed as soon as the p for which it was removed has been accomplished. (c) Site Barriers. Locks, tes, doors, barricades, hains, enclosures, signs, tags, or seals which have been installed by the fire department or b its order or under its control shall not be removed, unlocked, destr ed, tampered with or oth 'se molested in any manner. E HIBIT "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. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. EXHIBIT "A" PAGE 2 41 1991 UNIFORM FIRE CODE vision 11 FIRE APPAR 'SUS ACCESS OADS General Sec. 10.201.Fire roads shall be provided and maintained in acowdanoe apparatus provr i with this division. Plans Sec. 10.202. Plans for firescows reads do be submitted to the fie department for review stud approval to construction. Required Access Sec. 10.203. Fire apparatus roods shall be provided for every h dlity, b�ndldi�, or portion of a building hereafter con or.moved into or within the Jurisdictionqty portion of the facility or any portion exterior wall of the first story of the bui3tthg, is located more than 150 feet from fire access as measured by an approved route wound the exterior of the building or facility. ERCEPTIONS: 1. buildings ere completely protected with an gVmved automatic fire sprinkler syste , the provisions of this section may be modified by the chief. 2. Whenaccess cannot be installed doe to topography, waterways, nonnegotiable grades or other editions, the chief is authorized to require addi- tional fire protection as specifi Section 10.501 (b). 3. When thereare not more than two Groupi R, Division 3, or Group M Occupancies, the requirements f this section may be m� ' , provided, in the opinion of the chief, firefighting or operations would not be impaired. More than one fire apparatus shall be provided wh4n it is determined by the chief that access by a single road may beim by vehicle congestio r,condition of terrain, climatic conditions or other factors that could ' t access. For high-piled combustible e, see Section 81.109 a). For open yard storage, we 30.102. For hazardous materials, see 'ele s0. For fire safety during 'on, alteration ordemo '� of a building, see Section 87.103 (b). E HIBIT "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 afire apparatus access road shall be as approved by the chief. (d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (e) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and shall use designed live loading sufficient to carry the imposed loads of fire apparatus. (f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Obstruction Sec. 10.205. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. Marking Sec. 10.206.When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. Division III FIRE DEPARTMENT ACCESS TO BUILDINGS Premises identification Sec. 10.301. (a) General. Approved numbers or addresses shall be placed on all new and existing buildings in such as position as to be plainly visible and legible from the street or road fronting, the property. Said numbers shall contrast with their background. (b) Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. EXHIBIT PAGE 4 1991 UNIFORM FIRE CODE Kay Boxes Sec. 10.,302. When to or within a structure an are is unduly alt becauua of secured openings or where access is for life-saving a firefighting purposes, the chief is au to require a hey box to installed in an access location. The key box shall be a type by the chief and sh�ill contain keys to contain aeoessary access as required by the chief. Shaftway Marking Sec. 10-303. Exterior ws in buildings used'for manufacturing or for doarage 00 shaftways or other vertical of storage purposes which open dire oommun�geion betweda two or more floors shall be p y'marked with the word SHAFT WAY in red lefts at least 6 inches high mt a white bac Warning signs shall easily discernible from the outside of the building. Door and openings on soh ys from the interim of the b `.' shall be similarly marloed with word SHAFTWAY a manner which is easily visible lo anyone approaching the shaftwa ;from the interior of the bf adding,unless the construction of the partition. surrounding the y is of such distinctive Nature as to make its purpose evident at a glance. Exterior Doors Sec. 10.304. (a) O ctlpn and Elimination. Exterior doors or their function shaII not be eliminated without prior by the chief. Exterior doors which have bees rendered nonfunctional and which retain fhnct�ional door exterior�appearance shall have a sign affixed to the,exterior side of such d stating THIS DOOR B The sign shall consist of letters having principal strobe f not less than 3/4 inch 'de and at least 6 inches high an a contrasting background. Req ' fire department accss doors shall not be obstructed a eliminated. See Article 12 for doors. (b) Access Doors and O . For firefighting purposes, access doors, opening and exit doors shall be provided an readily accessible in occupancies as required by the Building., Code. i For access doors for hi -piled combustible storiige, see Section 8 1.109 (b). Floor Openings Sec. 10.305. Floor ope gs shall be surrounded b guardrails as set forth in the Building Code or shall have covers whit are automatic closing or maintained in a closed position at all times. Division IV T WATER SU PLIES FOR FIR PROTECTION General Sec. 10.401. An aggro water supply capable df supplying the required fire flow for fire protection shall be provid to all premises upon w ch facilities, buildings or portions of buildings are here after constru ted or moved into or with the jurisdiction. When any portion EXHIBIT " " PAGE 5 4. 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 Il. For fire safety during construction, alteration or demolition of a building, see Section 87.103 (c). Division V INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION AND LIFE-SAFETY SYSTEMS General Sec. 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 UMFORM FIRE CODE i - Timing of installation See. 10JU. when fire PMWctlon, including Westin acorn roads aad WON supplies for fire protecxion, is an aired to be installed, projection shall be WWWWWWd made serviceable prior io and the time of ERgtv;;, N: When al methods of protection, as approved by the ddtf. are provided, the above may be or waived. j i i EXHIBIT "A" PAGE 7 Tml No. 47071UGM454 23-AnSM SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUDDING AND SAFETY SERVICES DriBION/LAND Dr4`IS1ON AND ENGINEERING SECTION ....................................... ....................................... ....................................... 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. PREPARED B : UGM o. ARE Y N ...................................................................... ................................... Vii' .. P.W. CHECKED BY: '.`:::ISA. . . ; «:;«: GROSSACREAGE ETRACT NAME: ZONING: 3I# Gl+ ><< i > NET ACREAGE E Y . SUBDIVIDERASP MAP NUMBER OF LOTS $4' lEt�rl!Tf~Y VVITQI .IIi,.A.. ...fes. ... .:.. :..Parmers.up. . ...:..::: .. ADDRESS: 2331est .: 542-00- .... . ...:. SUBDIVISION CALCULATION SHEET(Includes Early Construction Agreement Calculations) (Bonding Amounts) la.Water Construction ....................................... ....................................... Engineer's Estimate123,Ct79 QO;. _.. ..... ..._ ....................................... ....................................... Adjustments {$6I,583 00) Adjusted Cost Estimate $62,096 00 $62;096 OQ lb. Water Well Construction . .... .............................. Engineer's Estimate SO 00. . .___. .. . ................................ . . ... ........................... Water Well Head Treatment Adjusted Cost Estimate SO OO lc.Water Construction (Part of Early Agreement) Engineer's Estimate $123,679.00` Adjustments ($61,583.00) Adjusted Cost Estimate $62,096.00'. $62,09600:'. page 1 EXHIBIT -B ` •,Tt�t No.•4T0?/�K31r[4S4 f • 23�` L. &wee Casytrucklm BoximweExtinuft , � Adjuded Cost Batimate 2b. Sewer Consbnrdion (Part Fwle A Engineer's Estinu :• 1. Adjusted Cat Edimste '`` .... . }.., I 3. Storm Sawn Co=Ww ion of F.acb Apwoent) i Engineer's Estimate Imam" Adjuded\.NOSEstimatefw:'.•:::::�:�:"?��� �tt�• 4. Street CondnKdon (Pari FAedy Agr+eemeat) Engineer's Estimate >; Adjustments ::>:'«`:::>.`:::;::'>:n::•t ... `•:: Adjuded Cat Estimat0 <4A nJ:'ii.n :•s4k•irinv.. 4a. Street Combuction Engineer's Estimate Adjustments Enginm's EstimateN G Adjustmenb(UGM) MUMMA Storm Drain Construction + `? ...................... ....:::.:... Adjustments pap 2 •,Tract No. 47071UGM454 23-Aue. •. Street Construction Continued Landscape, Fence and Irrigation Construction Perimeter Masonry Wall or SolidFence Construction Ea ............ .................. ::.:::.:::.:::: Landscape/Irrigation Construction Ea ............ ............ . Median I%sland Landscaping_ Ea ff3 .::::::.::::::::.::::::.::: ....................................... ....................................... Adjusted Cost Estimate3�91►52 E-1 Type Electroliers J. Ea E-2 Type Electroliers >I' OQ<> Ea SSAM 31:...::::. <............................ Safety potin$ Ea '': ......::.:: .......: Total Adjusted Street Estimate $4385124f} ;3338514 [ ....................................... S Total Construction Cost for Inspection Fee Calculations '$ S3E+tO` ....................................... ....................................... ....................................... ....................................... SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) "t6y540; ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) > 14t ....................................... ....................................... ....................................... ECA Total for Streets (For Inspection Fee Calculations) INSPECTION FEE CALCULATIONS ....................................... ....................................... ....................................... Total for Inspection Fee Calculations 76.2544t} ....................................... ....................................... 7% of First$10,000.00($300.00 min) ................ ................ __........__................... ......................... 4% of next$490,000.00 319;t>�}.00( ................. ....................................... ....................................... 2.5% of cost over$500,000.00 $1,906 3. ....................................... ....................................... ....................................... Total Inspection Fees ill;►f1G`:3(i ...................................... . .......... .... .................... ........... ...................... .. Inspection Fees paid with the E. C. A. 35,$10 00 :. Total Inspection Fees Due with this Agreement $161396.36;' page 3 ExIMIT '13 •.TAct No.4707/UGU454 Sub-Told For Caartrndion Cat i Lot and Block Corners, :{< :. �® >«::xr..::.:. . .�.<$a --------------- Sub-ToW For Construction Cat Construction CoWngency i Total Fdbmated Construction Cat TOTAL INSPECTIONAM TOTAL ESTIMA COST OF CONSIMUCTION Total Inspection Fees *1h this Agreement :.. i Total Estimated Cat '''" CALCULATI Per Security ` 10096 of the Total Estimated Cost ''`% Y;:•;>.v.;: S 96 Security Deposit(Cash of C. Performance-95 96 PayaaMt Security Labor do Materials-5096 I Warranty Seanity: ....,....:::•: .. �fi r, 596 of First$50,000.00 3%of Neon$50,000.00 I% of Next$400,000.00 1/2% of Costs Over$500,000• Total Amount to be Retained for Warranty i page 4 ExKwr-3- :,Trapt No. 4707/UGM454 23-Aug4. (A) SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of C7ne He}ndred Tweat ' ' +ee' ►oucnuHud 5eveatet �daElfDolla '' ': ......:........... (S �1�3,�1�`>113: )for the following: ....................................... (1) INSPECTION FEES1915 (2) MONUMENT CHECK FEE 89< ..... 0 :.:::: LOTS 0OT (3) INTERSECTION SIGNING ea (4) TRAFFIC REGULATORY/WARNING SIGNING . ea .....8 ® ...:..5'X....... :; (5) NO PARKING AND BIKE LANE SIGNING ........... ..................... ......... .......................... ea ............................. ... ......................... (6) STREET TREES City planted Lot Street Tree to be maintain the individual Lot Owner .... Trees X 104}fl0 /Tree MAW�Q: Street Tree Inspection Fee (a) Privately planted Lot Street Tree to be maintained by the lot Owner. ........... ... . ... ..... .. ..................... Trees S 00 /T'ree �100 (b) Privately planted Buffer Street Trees to be maintained by the City's Lighting and Landscaping Maintenance District No. 1. I; (0=no 1=yes) 31$0 00 ............................ ............................. ............................ (7) FMFCD DRAINAGE FEE Zone DistrictR 1/IIGM; Ac Ac . (8) POND MAINTENANCE FEE SF ® /SF0 :' (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE LF ® ( /LF (10) SEWER TRENCH WATER COMPACTION CHARGE CY ® ; /CY Qp> page 5 EXHIBIT 'Ti r •,Tait.Np-4707/UGM454 (11)UGM FM STATION (Swire Area o. ..: r (Zoos District c ) Dekrred Cgwenaot (O=oo 1=yas) s Acres ® :�< , . /Ac Total UGM Fire Station Fee Doe w>th Ag1�0ament '°::ki::: ;x.<:•.:.: i (12)UGM NEIGHIBORH PARK FEE (Service Area o. _•: .` r` `n`: '`: < <) (Zona District o.. Deferred Cgverwo °•rh '(O=no1—yes) < a 'Acres Q� /Ac I:`<' ' Total UGM NeiShborbood Fee Due with Agreement a "= (13)SANITARY SEWER C CHARGES (a)Lateral Chor=e Deferred Cdvemot >'.(0=80i; 1—yes) • •\x:u Lil:� .....:i;LF /l..F Ly TOW Lateral Charge Due 'th Agreement >. . .... ` (b)Oversize cortege 11 (UGM Rei Atha No. Defectedmsot b f< >.::•.,.,0=noAc 1=yea C4v >r ` Lees Oversize Credits-A.I. #131 ( `S is:..• J Leas Overdepth Credits Not Oversize Charge Total Oversize Charge Due with Agreement (c)Trunk Sewer Charge Trunk Sewer Service ;. Area UNTfS iT ..........:....:.. :::::::::.......... .. (d) Major Facilities Service Charge and W Facilities Charge Fee obligation to be 'd at the then current rate in effict at the time of iesuaac a of building t. (when applicable) Total Sewer Connection C I Page 6 BXZIMIT-3- .•,TnFt No. 4707/UGM454 23-Aug-9: (14)WATER CONNECTION CHARGES > (a) Time&Material Charges(-Wet-Tie-) 5 :#> <; ....................... (Water&Materials Estimate No. 12tr Paid w/E.C.A. 07/14/95 (Water Job No. ><> 2 I ° C.M. ##184 (bl) Service Connection Charges .. Deferred by Covenant (0=no 1=yes) 1 RS »>'$ 9... METE Ea. 4 `EI < 1-1 METE /2 Ea. a2MEERS.. .�::............ ...: . ': 2- /2 1 METE Ea ............... 1 SERVICES Ea. Eit ® :: : ......... - / S 1 1 2 ERVI . Ea .::.:::.::.::... E € Total Service Connection Charges Due with Agreement (b2) Service Connection Charges Continued Landscape Service Connections(Not Deferrable by Covenant) 1 METERS <': Ea. 1-1/2 METERS® .:::::,";'.'. Ea. (c) Frontage Charge Deferred by Covenant ' . (0=no 1=Yes) ..:. 3S < _:.8_....:.. ... : LLFF ® ' /LF . ...._ ........J._.......I ........ . ...... . ...... . 4185' ._..S.:.... .:. ....... Total Service Connection Charges Due with Agreement tlt}< (d) Fire Hydrant Charge _... _ ......................................... .......................................... ........................................ .. .. _ > i(Zone District RlfuoM ....... ........ ......._ ... ....... ........ ...... .......... _......._..... ....... ............ ...... .__..... ..... .............. ....... ......._ .._.._............._............... 610972;;0:< SF® SU 75 /100 SF $4.502-29.... (e) Transmission Grid Main Charge ............................ ............................. ............................ ............................. (UGM Reimbursement Area No. A; ) Deferred by Covenant 1. 0—no 1— es 18 31 AC ® 5560 00 /AC 510}253 61} Less A.D. # 131 TGM Credits [ X1.$13,72;_ ] Net TGM Charge 00; Total TGM Charge Due with Agreement (f) Water Construction Charge 89 LOTS ® 51.25.;:/LOT 5111 25" page 7 EXHIBIT' -1 •,Tnpt Mo. 4707AX)M434 UNIT DEPiN oN wiHad, Fees. 1 Bond Dept,alt water Units by: x.: (�UGM Watw&w* (Supply wail No. IN .).. t Less wall Credits 4 Not wall Charge (b)Wall Head Tratmwk ee QUA Well Had Treatment < ani•;. .•.. .. .;:k;}'•:'.a.;;::• :: a •'fY' tiw•.:,p N`lTS/L0TS r��5v.r,•y VNiT/LAJi ... .:.::n;.y.,...:.:}:: -:-}.e> :.}'Ssfi.- i �<•:•:x..a:i}ext•. (i)Radwge Fee NIA Recharz r :Service Area UNTTS/L.OTS :} .: UNTT/LOT .:s':•. :>��:.::, (0 L"4 Bond Debt FF40 1994 Band Debt Service SWIM`: UNITS ® ..W "UNTTA :::.......::. Total Water Charges UGM MAJOR STREET CHARGE Tone " Defettxr n nd Cbwaotot :>:> .n(0= 1 yae s mi Less Major Street Credit Less A.D. #131 Major S Credit [ < ? ] Net Major Street Charge Zow `€° . Total TGM Major Street B 'alga Charge Dao with Agreement (16)UGM MAJOR STREET BRIDGE CHARGE (Zane _ Deferred�..y cowaont ..:.: '.'.(o no 1 yes) > w c Less Major Street Bridge C edit Not Major Street Bridge Cl wp Total TGM Major Street 13 . Charge Dao with (17)UGM TRAFFIC SIGNA L CHARGE Deferred t y Covenant .::::},: I (0= 1=yes) 1? Z9.;AC ® ;/ACT4llC6 Less A.D. #131 Signal C t [ $2091E1x4 ] Net Traffic Signal Charge , Total TGM Major Street B 'dge Charge Due with Agree � I I Page 8 ExRm T'B' i t .Trlst P o- 4707/UGM454 23-Aug-V (18)UGM GRADE SEPARATION CHARGE N/A `'Deferred by ;'`:<.(0=. no — Y ) service Area, zone: .. _ > ) >> AC /AC ® ......................... Total UGM Major Street Bridge Charge Due with AgreementiflQ[ ....................................... ....................................... ....................................... (19)UGM AT-GRADE RAILROAD CROSSING FEE N/A ......... ......:........................... Deferred by Covenant (O=no 1=yes) Service Area: AC .............. .. .. Service Area: C / A AC ® $0 Less At-Grade Railroad Crossing Credit [ ] Total UGM At-Grade RR-XingFee 00' Total UGM At-Grade RR-Xing Fee Due with Agreement $(Y4 < 20 UGM TRUNK SEWER FEE N/A : . .::.:;. ....................................... (Service Area (Zone District R;;11Ikfi; > ) ............. ::::::........ .... Deferred by Covenant 1< (0=no 1=yes) 8 3L:. AC /AC :; Total UGM Trunk Sewer Fee Due with Agreement _._ ;,i , ...... _................. _................._.............. ...................... _..........._.._................... _... ...... .......... ............. (21)OVERLAY SEWER SERVICE AREA N/A .. Deferred by Covenant............. >< < > (0=no 1=yes)........................... ................... ............._....__.... _...._.__................. ....................._ ............................. _. ._......... ......._..._..... . 1S 31: AC /AC $0�f1.:: . Total Overlay Sewer Fee Due with Agreement tkT ........................................ ......... . . ....................................... ....................................... (22)UGM MAJOR STREET RIGHT-OF-WAY ACQUISITION CHARGE ...........I........................... ...... ............................... ...............................I....... ...................................... (23)UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE ....................................... ....................................... ....................................... (24)UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE ....... ....................................... (25)UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE (26)LANDSCAPE MAINTENANCE DISTRICT FEE $4,160 20 A. Anticipated Maintenance Cost(Planter Areas) ........................... __. ....._. ... _._._.__....... ..... _............_....._ _ _..........- 20640.'Sq. Ft. B. Incidental Expenses(Legal fees,Publications,Mailings,Engineering) . ........__... __ ...... ...... .... 84: Lots ® 3�S 00' /Lot ! $445 00> .... .. ......... .......... -„�...t,.. 4,1..fI20 (27) PRIVATE IRRIGATION LINE MAINTENANCE FEE LF ® /LF $6.00. ................................ TOTAL FEES AND CHARGES DUE WITH AGREEMENT X12.3 41T.10 page 9 EXHIBIT "B Trkt 14p.4M/UGM434 3,At ■: `n (B) 'EB DMRAIS (1) UGM FIRE STATION (Sarvim Aran (Zone District Aeras /Ac Total UGM Ndobodml Fee DdaTed by Covemmn� € (2)UGM NEIGHBORHOOD PARK FEEi (Setvice Area NO. (Zone District No. Acm Total UGM Neighborhood Fes Defamed by Covenant E, (3)SANITARY SEWER (a)Lateral Charge Deferred Covenant Ax 1l Ems: LY 0 :...,.{. #..,. LY ALY .23 < .. Total Lateral Charge De by Covenant € a:.... (b)Oversiae Cbarge (UGM Re' Ates No. k) :.;::.;:.;:.::.;:.;:<.;:.;:.:.;;;>:.;;:.: Deferred CbvmW Ac . . :: /Ac ............. Less A.D. #131 Oversiae is >`<< v Less Overdepth Credits <:>:<<>`M" L i::J;:; •'3 Net Oversize Charge T ersize De Covenant Total Charge by ..... .....................:.:.... WATER CHARGES (a)Service Connecoon C Deferred Covenant 1 METERS Ea. ................... -1 Ea. 1 /2 ■ A :•iY: Z Ea. METERS :•i}iii:}{ti': •r}. � • {� •:: .;{r y /�-1EL :::.:: C�iX+ 1 SERVICES ® ,': .#1. Ea. 0: I-1/2'SERVI Total Service Connection Deferral by Covenant $291ww I ixr Io l EXHW.a. a 7.•Tr.Ft No.4707/UGM454 23-Aug-9 r, . (b)Frontage tag Charge Deferred by Covenant `33 '< LFILF 84I 8 : LF ® ;:.:: .... /LF Total Service Connection Charges deferred by Covenant >> ESSf328 (c)Transmission Grid Main Charge ............................ ............................. ............................ (UGM Reimbursement Area No. < > ) ......................... Deferred by Covenant 3 . / C b' < AC /AC ....................... Less TGM Credits [ 4>€ I ] Net TGM Charge Total TGM Charge Deferred by Covenant Sp:£¢: UGM MAJOR STREET CHARGE <: : tE< (� .............. ::::::::: (Zone at=lll < ) .. . . .................. Deferred by Covenant _..... .......................... _.................._..... _...._.... ..._....................... . ..................._...... .......................... _.................. ....... _....._._._.._.............. X7;29 AC ® 93fOQ /AC 3 ,369�7Q.:. ........................-............ ....................................... Less Major Street Credit [ 3 88 i. ] ..:...........................:....... ....................................... ....................................... Less A.D. #131 Major Street Credit I = <] Net Major Street Charge This Zone }0Q Total UGM Major Street Deferred by Covenant .. : ....................................... ....................................... ....................................... (6) UGM MAJOR STREET BRIDGE CHARGE285 .................................. .................................. ................................. (Zone Deferred by Covenant __.. __ ...__._.............._... _... .._.. __....._ _._...__._......._..... ... 724<AC ® X65 00 /AC F 123 85 Less Major Street Bridge Credit Net Major Street Bridge Charge $I l23 85<: Total UGM Major Street Bridge Charge Deferred by Covenant 51.;123 $S ....................................... ....................................... ....................................... (7)UGM TRAFFIC SIGNAL CHARGE Deferred by Covenant 17 29 AC ® $860 00 /AC X14,869+40::; Less A.D. #131 Signal Credit [ $20;910?4 ] Net Traffic Signal Charge (} <i Total UGM Traffic Signal Charge Deferred by Covenant (8)UGM GRADE SEPARATION CHARGE N/A ....................................... Deferred by Covenant $ 00 ................. .... ....... ... ... .................................. .. .. (Service Area, Zone: R 11LTGM ) 17.29 AC ® $0.00 /AC Total UGM Grade Separation Charge Deferred by Covenant $0.00 page 11 EXMIT -1 a Ts"No.4707/UCM454 78-At +lS' �• a M UGM AT-GRADE AD CROSONG FEE N/A sDo buM CalvepM Service Area- AC A: Service Area: IAC AC At-C?a ,eea de RaHtcoad ' € Credit .a.:. :z L Total UGM At-Grade RR- 'Pae • ' Total UGM Atdiade RR- Fee Defeeed by Covenant >::{:' (10)UGM TRUNK SEWER N/A (Service Arae ..:;,, n;•... : ::... ) 001 . �';tet. :n ': ••^.•::• (Zone District Defected Caveomt Y;.; C. y. :.�.�•.�.:fii�.''p:#fid•';• AC ® ,: h Ra/ACs :> Total UGM Trunk Sewer Fie Deferred by Covenant j $`x�101 (11)OVERLAY SEWER SERVICE AREA N/A Deferred b r Covemot AC J110. M Total Overlay Sewer Fee D fieried by Covenant E L FEES AND CHARGES TO BE DEFERRED BY COVENANT ; { I j I j f . i Page 12 Exmrr'B' -j- r Tract No. 4707 P.W. File No. 9770 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 13, , 1990 in the office of the Fresno County Recorder in Book . Page Document No. 90028380 of which the Deed California Limited Partnership, of Trust in by and between REGENCY WILSON, III, a as Trustor, UNION BANK, a Corporation Corpo a n UNION BANK, a California California , hsr`�Orustee, and , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4237. UNION BANK, a California Corporatioi as Trustee and Beneficiary DATED: September 6, . 19 95 By: onald M. nn, Vice President D. R. ei hardt, Vice Presiden (Attach Notary Acknowledgement) L R:jad:KACOM MOMT4707.AG R i .i= I I • owpfmft Of AduwwloftOwd a[ Fresno ) on bdbm a% VTNAIR= smdcmwoKpwsoodiy Vice P e t of Union Ba paeooft Imo�a a me Or a me as the a[ arideeoeI a be the PON* mm*)irAtte Vebeaibed a-tln erlYa t�MlrrrM�t M�1 -cif--A letlro a me ad X. that by hiNherAhe(r��M r ptaon(i).a the eedty beheKd 1YhICh drc s) ttsecvnd dte imantaeat. �r wrrNESS my i I FORM 00211(Rev.6/94) i .i