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HomeMy WebLinkAboutT-4741 - Agreement/Covenant - 8/17/2006 (2) SUBDIVIsioN AGREEMENT City of F nc�: ,� PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 937213616 (209)498-1602 Tract No. 4741 PHASE I OF VESTING TENTATIVE TRACT NO. 4741 P.W. File No. 9909 UGM No. 574 THIS AGREEMENT is made this day of , 19-27_, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Centex Homes, a Nevada General Partnership, 1840 South Central, Visalia, California, 93277, hereinafter designated and called the "Subdivider," without regard for number or Gender. 4. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 2 B 'CTrAI-Iq A. The Subdivider has presented to the City a certain final map of a proposed s6divis o of land owned by the Owner and located within the corporate limits of the City, and known and described as Tract No. 4741/UGM 574, 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 ahown 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 aad 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 Subdivift 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 dme, 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 wbdivisi+on. 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. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 3 AGREEMENT In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1. The Subdivider shall: a. Perform the work and improvements hereinafter specified on or before July 31, 1998, except as noted in (b), (c) and (d) listed below: b. Sidewalk construction shall be completed on or before July 31, 1999, (the Subdivider may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk). 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 July 31, 1999, (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 July 31, 1999, 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. 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 Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 4 justified by the effect of such defy on the completion of th work. The Subdivider shall ft 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 tent of justifiable delays, if any. Extension of time for completion of improvements (inclug street trees planting) may be granted by the Public Works Director with an extension .fee from the currentldMw Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider', written notice of his detdrmination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced nced 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, 19849 by xdoiution 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 aoeephum! of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thjereof by the Subdivider's agftert or surveyor for the 5t d1 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 Resolutim No.j 78-522 or any amendments or modifications which may be adopted by Council pdm to the actual installation of the lights. The Subdivider shall construct a eomphe uatlarground stree f light system as approved by the Traffic Engineer prior to final acceptance of the subdivisioot Height, type, spacing, etc. of standards and'luminaries shall be in accordance with Rmhdion, Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Conn" prior to the actual installation of the lights and shall be approved by the City Traffic Bn&=.' Section 12-1010(h) of the City of Fresno Municipal Code requires the undexgrounding of overhead utilities within the subdivision. Completion of all undexgrounding of overhead utilities will be required by Construction'Management prior to release of securities. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 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 (in the Early Sewer, Water and Storm Sewer Agreement, dated March 13, 1997) and 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. L Install landscaping and an irrigation system in a 30-foot landscape easement along the rear property line of all lots which back-onto East Shepherd Avenue frontage of the subdivision and install a landscaping and an irrigation system in a 20-foot landscape along the rear and side property lines of all lots which back-onto and side-onto the North Sommerville Drive frontage of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing district. 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. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 6 The signed acimowledgements shall be sent to Chief of Dpmgn Services do Public Woeb Department,Engineering Service Division,2600 Fresno Street,Fresno,Califw&,93721.3623. j. 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 resplonsibility for the buffer street tree planting and has posted performa#rce 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 is the subdivision, the Subdivider agrees to submit a detailed landscaping plan for the above named landscaped buffer amments along the Bart Shepherd Avenue and the North Sommerville Drive frontages of the subdivision to the City Parks Department for approval. The plajn shall include the types, location, and number of trees and show all landscaping proposed fojr plaquing 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. k. 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 acxxpted responsibility for street tree planting and has postal 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 small obtain a street work permit for 0 landscape installation shown on the plans as part of the "Developer Tree Planting Agreement," the tree planting plan shall include the types, loc adM 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. 1. As a condition of final map approval, the Subdivider has dedicated an easement for, a multi-purpose pedestrian/bike trail and has posted security to improve said trial along the' north side of Bast Shepherd Avenue, within the 30-foot Lndscape easement,in aeoos+daooe with; the policies of the Woodward Park Community.Plan endi the "Master Multi Purpose TM! Manual," dated October, 1990. Landscaping within said multi-purpose trail adjacent lo' required was or fence shall comply with the "Landscape Buffer Development Standards" and the"Master Multi-Purpose Trails Manual." All landscaping shall comply With FMC 12-306-N 23 and 24 and all associated references to other City ordinances. Additionally, at all said trail entrance the Subdivider shall install removable bollards designed in accordance with the Pada,, Recreation and Community Services Department requirements. M. There is insufficient groundwater recharge in the portion of the Woodward Park Community Plan area formerly designated "Urban Reserve" to offset the consumptive water use of Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 7 this project. Surface water treatment or additional dedicated recharge and conveyance facilities will be necessary to mitigate the consumptive water use of this phase of the project. The Subdivider shall provide for the following: 1. A. The Subdivider shall construct a water supply project(s) (i.e., a new recharge facility, or enhancement of planned or existing recharge facilities) at location and of design satisfactory to the Water System manager. Such project(s) shall be sufficient to mitigate direct and cumulative impacts of the project on the area's water supply. Recharge facility requirements will be calculated at 0.055 wetted acres of recharge capacity for each developed acre. B. In the event that fees are established and in effect to support the bond debt service on the northeast surface water treatment plan and city-wide transmission grid main, the Subdivider agrees, in lieu of condition 1. A. above, to pay the applicable water infrastructure fees in effect at the time occupancy permits are issued. 2. A minimum of two independent sources of water supply are required to serve this project. n. There is not adequate sewer capacity in the Herndon/Cornelia Trunk Sewer line to serve this project which is in the Woodward Park Community Plan area formerly designated "Urban Reserve." In order to comply with the mitigation measures, this project may by approved by providing the following : 1. The Subdivider shall construct enhancement to the Herndon Trunk Sewer for relief of segments projected to be over capacity as required by the Director of Public Utilities. A new sewer impact fee has been developed, in lieu of enhancement construction, the Subdivider has elected to participate in the financing enhancements to the Herndon Trunk Sewer through payment of the new sewer capacity enhancement charge. 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-7310 through 10-C-7322 with Water Job No. 4435 (13 sheets), inclusive; 15-C-9483 through 15-C-9994 (12 sheets), inclusive; 4-C-443 through 4-C-443A (2 sheets), inclusive]; b. Fresno Metropolitan Flood Control District Drawing Nos: R-11-1 through R-11-11 ( 11 sheets), unless specifically omitted herein. c. Install and complete all other street improvements required by Section 12-1012 of the r Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 8 Frew Municipal Code in accordance with the City of Fresno standard Sp P, and the construction plans. S. The Subdivider has deposited with the City the sum of Three Hundred fthteen Thousand Six Hundred Twenty-Four and 60/100 Dollars ($ 318,624.60) for the total fes 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 put 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. 7. It is agreed that the City shall inspect all work. All of the work and impravtments 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 Eagineer of the City and the Standard Specifications of the City, which said plans and specifications and standards are hereby refea�ed to and adopted and made a part of this Agreement. in case there are not any standard apedi8cations 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, peffOnned 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 shad furnish to the City: a. Performance security in the sum of One Million Four Hundred Twenty Thousand and 00/100 Dollars ($ 1,420,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Seventy-One Thousand and 00/100 Dollars Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 9 ($ 71,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, One Million Three Hundred Forty-Nine Thousand and 00/100 Dollars ($ 1,349,000.00) 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 Seven Hundred Ten Thousand and 00/100 Dollars ($ 710,000.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. 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. d. Performance security in the sum of Three Thousand Two Hundred and 00/100 Dollars ($ 3,200.00), which is equal to 100% of the total estimated cost of 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 and 00/100 Dollars ($ 12,000.00), which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. L 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 Twelve Thousand Five Hundred Fifty and 00/100 Dollars ($ 12,550.00), 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. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 10 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. 11. 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 owned. 12. 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 hem 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 iadhvedy from the performance of any or all work to be done in and upon the street rights-of-way in no 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 BaWlityo 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 F6 wo cse 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 cw1usive risk of tbo Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 11 13. 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. 14. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 15. 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 f ' in 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. 16. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes ,- Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 12 and any other codes of the City. 17. 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 der -minadon 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 shau further be the responsibility of the Subdivider to give the City Engineer written notice not las 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 dMM be solely responsible. 18. 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 pwvided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engi�oeex 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 aeeepted. 19. Any damage to the sewer system, concrete work or street paving that occurs atter; 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. 20. 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 Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 13 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, 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. Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 14 21. Concrete curbs and gutters, the sanitary sewer system and house connections, u gethar 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. 22. Time is of the essence of this Agreement,and the same shall bind and inure bo•the benefit of the parties hereto, their successors and assigns. i Subdivision Agreement Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741 Page 15 23. 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 CENTEX HOMES, a Nevada General Partnership RAYMOND G. SALAZAR, DIRECTOR PUBLIC WORKS DEPARTMENT By: Centex Real Estate Corporation, a Nevada Corporation Managing General Partner By: - � ATTEST: By:J4 49 REBECCA E. KLISCH c gdon, Division President CITY CLERK By: APPROVED AS TO FORM: (Attach Notary Acknowledgment) 7ty A rney By: Deputy LRAr FC4741SAMOC-06/11/1997 7- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C County of T �� On � I C1 1 before mei Ica Nwm and 7ft d after.. on DWI ( �. .Nobly�l personally appeared // NW*-)d 8iprrr(e) �'t ersonally known to me—OR—❑proved to me on Me basis of satisfactory evidence b be ttw psrwn(s) ``` ����\\ whose name(s)Ware subscribed to the within Instrument and acknowledged to me that hW**Ahsy exeoutsd the same In hisfierAheir authorized capacity(les)r and that by his/herAheir signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)#rted: R.WOO executed the Instrument. ,y COMM.#Notay Pubic—cOirO1"c° tuwiE couNry WITNESS my hand and official seal. t*comm.Eq*es KP 26.1V97 wed OPTIONAL ThorO the O&MOM bMow Is not r"dmd by raw, ft may prom alwbra to pwsons n4ft an tla dawnW and could prwwrt fraudulent nmovd and r 8(bo nWN of fids torn to an0VW do*~. Description of Attached Document Title or Type of Document: Document Date• Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(8) Signer's Name:R c1c _ Signer's Name: ❑ Individual ❑ Individual CSArpomt r ❑ Corporate Officer TMe(s): _ VISI(bYn ("�°Sr! �1A.1 Tifie(s): ❑ Partner--❑ Umfted ❑General ❑ Partner--❑ Umited ❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator O Guardian or Conservator ❑ Other: Tap of ttmb Mere ❑ Other: 1bP dft06 hM z Signer 14 Representing: Signer Is Representing: 0 1904 Netlorrl NaWy Anc*Mon•9299 Rernrret Mre.,P.O.Banc 7164•Cwnpe Perk,CA 91909.7184 Prod.No.9907 Reorder Cel TaN we 14=4MHW 1994 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901-GENERAL 901.1 Scope. Fire department access and water supply shall be in accordance with Article 9. For firesafety during construction, alteration or demolition of a building, see Article 87. 901.2 Permits and Plans. 901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 105, Permit f.1. EXCEPTION: A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. 901.2.2 Plans. 901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 901.2.2.2 Fre hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 9013 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. 901.43 Fre protection equipment and fire hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking PAGE 1 EXHIBIT "A" 19M UNIFORM FIRE CODE and other obstructions. When required by the chief, hydrant locations shall be identified by the hwWlWon of reflective markers. See also Section 1001.7. 901.4.4 Promises identification. Approved numbers or addresses shall be placed on all new and a def buildings in such a position as to be plainly visible and legible Brom the street or rad A -* 6 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 wiith approved signs. 901.5 Obstruction and Control of Fire Apparatus Access Roads and Fire Protection Equipe s ret. Sea. Sections 902.2.4 and 1001.7. 901.6 Fire Protection in Recreational Wilcle, Mobile Home and Manufactured B"111109 Parhs, Sales Lots and Storage Lots. Recreatloaal'vehicle,mobile home and manufactured housingpa.Ia.Was lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903. EXCEPTION:Recreational vebide parks located in remote areas shall be provided wf protection and access roadways as required by the chief. SECTION 902 FIRE DEPARTMENT ACCESS 902.1 General. Fire department access loads shall be provided and maintained in accoirdamet wkh Sections 901 and 902. 902.2 Fire 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 law at within the jurisdiction when any portion of the facility or any portion of an aneior wall of the fitat"7 of the building is located more than 150 feet(45 720 mm)from fire apparatus access as measured by at approved route around the exterior of the building or facility. See also Section 902.3 for pe sonad access to buildings. EXCEPTIONS: 1.When buildings are completely protected with an approved a mmttic 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, uVography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9. PAGE 2 EXHIBIT W 1994 UNIFORM FIRE CODE 3. When there are not more than two Group R. Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 8102.5.1. For required access during construction, alteration or demolition of a building, see Section 8704.2. 902.2.2 Specifications. 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) EXCEPTION: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved by the chief. Vertical clearances or widths shall be increased when, in the opinion of the chief vertical clearances or widths are not adequate to provide fire apparatus access. 902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved by the chief. 902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet(45 720 mm) in length shall be provided with approved provisions for the turning around of fire apparatus. 902.2.25 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 902.23 Markin. 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 toads, 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 sad other accessways which have been closed and obstructed in the manner pretcrtbed 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, doom, barricades, chains, enclosures, signs, tags or seals which have been installed by dw f department or by its order or under its control shall not be removed, unl ck4 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 opeoiggt required by this code or the Building Code shall be provided when required by the chief. 9023.2 Maintnumee of exterior doors and openings. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterf for doors which have been rendered EXAM" -- and which retain a functional door exterior appearance shall have a sign affixed to the exterkr aide o[ such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a eoatrastlmg background. Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit doors. For access doors for high-piled combustible storage, see Section 8102.5.2. 902.3.3 Shaftway marking. Exterior windows in buildings used for manufaex I&S or for storage PAGE 4 EXHIBIT "A' 1994 UNIFORM FIRE CODE 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 SHAF rWAY 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 Fire Hydrant Systems. 903.4.1 General. 903.4.1.1 Applicability. Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4. 903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Addition$,repairs, alterations and servicing shall be in accordance with approved standards. 903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7. 903.4.2 Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by the chief. See Appendix III-B. PAGE 5 EXHIBIT "A" 1994 UNIFORM FIRE CODE Fire hydrants shall be accessible to the lire department apparatus by roads meedgg the requirements of Section 902.2. 903.4.3 Protection, marking and obstructlon of hydrants. When NgmW to vehicular dausM fins hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction,tion, am Section 1001.7. 903.4.4 Maintenance and use of hydrants. Sege Sections 1001.5 and 1001.6.2. PAGE 6 EXHIBIT `A' Tract No. 4741/UGM574 23-Jun-97 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION 2600 FRESNO MEET,FRESNO CA 93721-3604 TRAGI No. `>�:;;<!47!��[`:: >' P B : UGM o. PREPARED Y N P.W.BY: � . CHECKS FILE N G G ROSS TRACT NAME: '� ACREA E :..::....::....:.. . ZONING: NET ACREAGE ............................_........................................... ........,......:.........fit .. SUBDIVIDER AS PER MAP NUMBER OF LOTS ADDRESS: I SUBDIVISION CALCULATION S1lEET(Includes Early Construction Agreement Calculations) (Bonding Amounts) Ia.Water Construction ....................................... ....................................... ....................................... Engineer's Estimate14Q5Q4 ....................................... ....................................... ....................................... Adjustments 99 ....................................... ........................ Adjusted Cost Estimate <<`>:#. ¢ : 4`E1Q> > >`<>$ 6$ p4 lb. Water Well Construction ....................................... ....................................... ....................................... Engineer's Estimate <$ Q ....................................... .... .__.__........._......... ....................................... Water Well Head Treatment Adjusted Cost Estimate $ 00; ; lc.Water Construction (Part of Early Agreement) Engineer's Estimate �14(1,955.Ef4: ....................................... Adjustments Adjusted Cost Estimate165 (}7.U(IsStt:0¢:: page 1 I EXffiBTT 'B' Thul No.474lfEJG S74 23,TWW 2a. Sewer Combvcdos Ensinews Bstimab { Adjusemenb --------------------------------------- Adjusted coat Edim.b 2b. Sewn Consbncdon (Part of Eddy Agree ti Enginm's Eatim.te Adjusbd Cat Estimate 3. Storm Sewn C nsku don (Part of Eari7 Ag ) :a Engineer's&timate Adjustmmb ---------------------- Aomftd Cat Bdimats 4. Street Co mhvcdm (Part of WY A=eUMMO Snjiaeer'e&timateMom Adjuatmmb --------------------------------------- Adjusbd Cat Betimate . 4a. Street Cooabvcdm Engineer's Estimate A4=meab Engineers Es imats(UDS Storm Drain Coosbctiaa 4 Page 2 *BE Tract No.4741MGM574 23-Jun-97 Street Construction Continued Landscape,Fence and Irrigation Construction Perimeter Masonry Wallor Solid Fence Construction /LF.:.;:.;:.:;.:::.;:: Landscape.ffmgation Construction Multi-Purpose Pedestrian/Bike Trail Adjusted Cost Estimate E-1 Type Electroliers Ea E-2 Type Electroliers Ea Safety.I-!.8h8.. Ea Total Adjusted Street Estimate '' : ::; ;: 6<".:::> Total Construction Cost for Inspection Fee Calculations '' 3 38Q SubTotal for Bonding Calculaboos(Subtotal for Bonding less ECA Bonding) ....................................... ....................................... ....................................... ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) << I43 __ ECA Total for Streets(For Inspection Fee Calculations) INSPECTION FEE CALCULATIONS Total for Inspection Fee Calculations73$ pt 7% of First$10,000.00($300.00 min) 7ttttf3 ....................................... ....................................... 4% of next$490,000.00 2.5% of cost over$500,000.00 >< 59 56< Total Inspection Fees 3g6S95$ ....................................... ....................................... Inspection Fees paid with the E. C. A. . .; ; 6 :E3 Total Inspection Fees Due with this Agreement € a3< 758 ►..:... ......... Page 3 ExMrr -B- 7- 1 Tract No.47411Ut3MS74 Sub-ToW For Conshvdion Cost Bonding Lot and Bloch '':', s "" Ba Sub-ToW For Coosbvdion Cast Bonding Construction Coutingeoay i ToMI Zsti■s&tai CMskvCd= Cost TOTAL VISPECTION FEES ANO TOTAL TED COST OF COMMCILIC Mi I Totd Inspection Few Due with this Agreement h Totd Batimmal Construction Cost a 'Y TIONS FIMW of the Total Hsdmated Construction Cost 59 Secaft Deposit(Cash or C.D.) pa-ocmm00-95% Pim Sewrity Labor dt MabecisL-SO% .. Warranty Security: SS of Fist$50.000.00 3 S of Neat$50.000.00 IS of Ned$400,000.00 1/2% of Costs Over$500.000.00 r+c :i2^fC� I v1-1rwY Totd Amount to be Retained for Warranty ": :`c Tract No. 4741/UGM574 23-Jun-97 II SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of ''1etsimtlEz:Hd:::.... ...................... (S ''.big'.E t ) for the following: (1) INSPECTION FEES (2) MONUMENT CHECK FEE LOTS MOW 00> /LOT(Including One Outlot (3) IlVTERSECTION SIGNING ea (4) TRAFFIC REGULATORY/WARNING SIGNING ea (5) NO PARKING AND BIKE LANE SIGNING ea (6) STREET TREES: A. City/Privately planted lot trees to be maintained.by the.lot owners. W ;::: ..i.:.:.: Trees .: €1Q�fi10.. /Tree B. Street Tree Inspection Fee: (a) Privately planted Lot Street Tree to be maintained by the lot Owner. Trees /Tree (b) Privately planted Buffer Street Trees to be maintained by the City's Lighting and Landscaping Maintenance District No. 1 (O=no I=yes) ............................ ............................. ............................ (7) FMFCD DRAINAGE FEE Zone District <R:= 1#G1VI ....:.:.............::..:... MEMAc ' /Ac (8) POND MAINTENANCE FEE S 00" _............. .... (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE LF _€ /LF '<' (10) SEWER TRENCH WATER COMPACTION CHARGE CY CY / tii1[€ LOTS 51 THROUGH 55 AND 80 THROUGH 82 INCLUSIVE, HAVE "EARLY ISSUANCE OF BUILDING PERMITS" (EIBP). THE FOLLOWING DEFERRED FEES LISTED REFLECT TOTAL AMOUNT TO BE DEFERRED WITH EARLY ISSUANCE OF BUILDING PERMIT LOTS FEES OBLIGATIONS FACTORED OUT. page 5 1 EXHIBIT "B" Tract No.4741MOMS74 234un* (U)IIGM FMZ STATION FEES (Service Area No. ) (Zone District No. ) Deferred by Covenant (OMno lmyw 1 Acres ® /Ac UOM Fire Station Fos due for EMP Luta Not Fire Station Few Deferred(Less MP Loh) Total LIM Fire Station Few Due with App neat (12)IIGM NEIGEU30RHOM PARK FEES (Service Area No. ) (Zone District No. ) Deferred by Covenant (Oin0 1�yw ry Acres ® IAO UOM Park Fees due for EM Loh Net Part Few Deferred(Less EIBP Loh) Total UOM Nd&orhood Part Few Due with Areemmt (13)SANITARY SEWER CONNECTION CHARGES (a)Lateral Charge Deferred by Covenant (O-ao l—yw) Nath Sommerville Drive flow LF Lateral OwSw due for MBP Loh Net Lateral Chap Deferred(Lea EMP Loh) Total Lateral Chane Due with ASmmmt (b)0"*,d a Charge (UGM Raimhursement Area No. ) Deferred by Coveasot Im.(0-20 1- AC I 0 Me LM Oversize Credih Lm Ovmlepth Credits ( ] Oversize O mp due for EMP Lots Nst Ovosize CharSe Deferred(Lws EMP Loh) Total Oversize Charge Due with Adreemmt (c)Tnaok Sewer Charge Trunk Sewer Service Areapji�� :: i : z.,w::•:.: v: ;s;t:.::}�,'�` ." :.:. n' :>'UMTS ® :; ... •Y/IdNTT (d)Hwndm Trunk Sewer Capadty Enhanoe4na at Charge Trunk Sewer Service Area '::t>:M1i::;{`:;i;:v}::?:•:...,.,.,.. ./pF. I .v!1.••:^iii Ul1lTS ® «: R•. :;v,/1TNlT >:>'c:;..:;•., ;�;: pate 6 Bxfln1T'B' Tzact No. 4741/UGM574 23-Jun-97 (e)Major Facilities Sewer Service Charge and Wastewater Facilities Charge Fee obligation to be paid at the thea current rate in effect at the time of issuance of building permit. The following fe rates have been adopeted by the Fresno City Council: MAJOR FACILITIES WASTEWATER FACILITIES Effective Dates: Non Truck Sewer Area = $200.00/Unit 09/01/1996 = $2,180.00/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 239x42s (14)WATER CONNECTION CHARGES I9'F4t) (a)Time&Material Charges("Wet-Tie") 91O;t( ............................. ............................ (Water&Materials Estimate No. 1 tiS Paid with E.C.A. (Water Job No. ...<':;<'W: 3/17/1997 ............ CM#87890 (b.1)Service Connection Charges Deferred by Covenant (0=no 1=yes) 10 METERS w Ea - Ea. > 1 n 1 METE ::::>� :><:<::: 20 METERS Ea. w 21n METERSO Ea. ......:::.:. . . 1 SERVICES cEs Ea. w 1 E Ea. _ 1/2 S RVI E) .....:,:.:::........... Total Service Connection Charges Due with Agreement „< Q (b.2)Service Connection Charges Continued Landscape Service Connections(Not Deferrable by Covenant) 2 METERS Ea.<'� �.t){II - Ea. METE (c)Frontage Charge Deferred by Covenant EV(O=no 1=Yes) North Sommerville Drive : : /LF Frontage Charges due for EIBP Lots 9?Sf ? Net Frontage Charge Deferred(Less EIRP Lots) > ? =:l:.VVwl Total Service Connection Charges Due with Agreement <<' :597 > fi (d) Fire Hydrant Charge (Zone District ?61387:Q``SF0-75.. /100 SF ,?Iti page 7 E3=1T 'B" Tact No.4741/UGbW4 2S,Titai1� a. (e)Trauorebdm Grid Main Chums (UGM Reimbunemeot Ara No. Deferred by C.oveneot (0--no 1-yea ) AC ® /AC AC ® /AC Lep TOM Credit [ TOM Charge due for EIBP Lots Net TOM Charge Deferred(Lep EgBP Lott) Total TOM Cherie Due with Apoeimmt -Paid wilt C Nits (f)Water Cond ruction Charge Mam LOTS ami UNIT DEFENMON for Well Head &994Pepand Dept,dt water Sw* Units by: ,. (�UGM Water SW*Charge (may well No. • UNITSa.Om*® • ,ry /UNIT Lep Well Credits [ ] Net well Charge (h)Well Bad Trafinent Fee Well Had Tratmeot Service Ara ti V4W UNrrSa=S.*® UMr/LOT (i)Recharge Fee ..UNM&OTS- ® UrIIT/i,oT r (�D%Bond Debt Service Fee 19%Band Debt Savior Area: h. UNITS-* ® UNIT v ... . . *•Units/Lots in the'Urban Reserve Area' Total Water Connection Charges , (H)UGM MAJOR STREET CHARGE Paid wili< m; Deferred by Cove mt k „ :Y(0—no 1—yep AC 0 ;. . : IAC Lou Major Street Credit Net Major Sheet Charge This Zane Total UGM or Sheet Due with Maj �,�, Agreement .x:;::::::• ..................:.v.... page 8 j EXEMUT B' i Tract No. 47411UGM574 23-Jun-97 (16)UGM MAJOR STREET BRIDGE CHARGE omit" " ................................. .................................. (Zone *Elam ) Deferred by Covenant (0=no 1=yes) A C ><fi <> /AC Less Major Street Bridge Credit [ _ kt >'] Major UGM Street Bridge Charge due for EMP Lots $ r Net Major Street Bridge Charge Deferred(Less EIBP Lots) Total UGM Major Street Bridge Charge Due with Agreement <„ ? (17)UGM TRAFFIC SIGNAL CHARGE19 Deferred by Covenant xm(0 1— es - -y.:.1..::..::.::::...... AC /AC Less Signal Credit I ...... ..... *4 ] UGM Traffic Signal Charge due for EIBP LotsSt Net UGM Traffic Signal Charge Deferred(Less EIBP Lots) >< $ ' Total UGM Traffic Signal Charge Due with Agreement $9 ' (18)UGM GRADE SEPARATION CHARGE Deferred b Covenant 0—no l— — es Service Area, Zone: :.:.<A ............... .. :..................... .. .. .. Total UGM Major Street Bridge Charge Due with Agreement ...... (19)UGM AT-GRADE RAILROAD CROSSING FEE N/A Defernedby Covenant (O=no 1=yes) Service Area: �j f�/�,�(� C A ;:j24 M■�� ............................ .....................:....... Less At-Grade Railroad Crossing Credit Total UGM At-Grade RR-Xing Fee Total UGM At-Grade RR-Xing Fee Due with Agreement .. (20)UGM TRUNK SEWER FEE N/A (Service Area (Zone District Deferred by Coveasmt € (0=no 1=yes) AC 0 Total UGM Trunk Sewer Fee Due with Agreement SERVICE � 2 Y CE AREA 1 OVERLAY SEWER N/A `>_<:>�::: O 1 :.: yy�//�y..{ Deferred by Covenant (o=no 1=yes) A :./AC Total OverlaySewer Fee Due with meat i E Q ... ..... .. ....................................... 22 UGM MAJOR STREET RIGHT-OF-WAY AC UISITION CHARGE N/A »< >€....................................... ....................................... ....................................... (23)UGM LOCAL STREET ACQUISTITON/CONSTRUCTION CHARGE N/A `> ....................................... (24)UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE N/A Page 9 EXHIBIT -B- Tract No.4741MGM574 23-JWW (ZS)UGM RIGHT-0F WAY CHARGE N/A (26)LANDSCAPE MAIlaMNANCE DISTRICT FEE A. AntimpaW Muma nnoe co.c Mahler Areas) ® \4 \. .: Sq. Ft. ry u /S.F. B. hwideaW Expeam(LeSd fees,Publmbow.Mai s,Bh Bring) Lob +—Wudee One Oudot a three living Unite A (27)PRIVATE IRRIGATION LINE MAJNTENANCE FEE ALF ly .......::i46ii� C:.v%K•: TOTAL FEES AND CHARGES DUE WTTH AGR'EEMIEN'P III FEE DEFE1tRALS (1) UGM FIRE STATION FEES (Service Area No. ) District No. �4 Deferred by Covenant o •Acres ® 130M/Ac UGM Firs Station Fen due with Agreement for EMP Lots Not UGM FS 21 Few Deferred by Covaasnt aA m B®P Lots) Total UGM Fire Station Few Deferred by Covenant ---------------- (2)UGM NEIGHBORHOOD PARK FEES (Service Arae No. (Z,oae District No. Deferred by Covenant UGM Paris Fees due with Agreement for EIBP Lod Net UGM Park Few Deferred by Covmmt(Lees EMP Lod) Total UGM Neighborhood Park Few Deferred by Caveoaat (3)SANITARY SEWER FEES (a)lAtWW Charge Deferred by Covansnt NorthSommerville Drive �.... r...:;:...:....::... ly ALF Lateral Charge due with Agreement for EXBP Lad Net Lateral Charge Deferred by Caveat(Lea EMP Lod) Toed Lateral Charge Deferred by Coveoimt page 10 87H03TT'B' Tract No. 4741/UGM574 23-Jun-97 (b) Oversize Charge (UGM Reimbursement Area No. .. ..... .::..... Deferred by Covenant A46, C1d.. Ac Less Oversize Credits Less Overdepth Credits [ >>< > < > ] Less Oversize Charge due with Agreement for EIRP Lots '< $T Net Oversize Charge Deferred by Covenant(Less EIBP Lots) LL << q ; ' Total Oversize Charge Deferred by Covenant (4)WATER CONNECTION CHARGES (a) Service Connection Charges Deferred by Covenant METERS �`yA.{.�Jy�}�y.y{�� Ea ® ��:::f::'!�Vi<YYV.M.:: "��iii::i�2���:}RV•�V!V�;:�: • y'j�y.]�[�•��.] .••••••••••••• ii:ii ii?i:iiii:ii 2 METERS Ea Xi.'•i • �•� �• 1/2 METE �j� ii:v:i•iii:J:�. R�1y/�/) �yytJ�� {.� . 1• SERVICES>. .. ER CES Ea • » 1-1/2 SE VI R CES Ea. Total Service Connection Charges Deferred by Covenant 8 £ p(}s (b)frontage Charge . Deferred by Covenant North Sommerville Drive ALF Frontage Charge due with Agreement for MP Lots "l t Net Frontage Charge Deferred by Covenant(Less EIBP Lots) ``< S7E18 Total Frontage Charges deferred by Covenant E ' (c)Transmission Grid Main Charge (UGM Reimbursement Area No. Deferred by Covenant A / ACC CC .........:.:..............:.. Less TGM Credits :.....:................ Less TGM Charge due with Agreement for Lots: Net TGM Charge fQ Total TGM Charge Deferred by Covenant _............:<< ; Paid with Credits (5)UGM MAJOR STREET CHARGE .l .................................. ................................. .................................. ................................. is Deferred by Covenant 24 AC IACCO,SIt?.E¢ Less Major Street Credit Net Major Street Charge This Zone Total UGM Major Street Deferred by Covenant (#O Paid with Credits page 11 ( EXIUBIT -B- Tract No.4741/UGMS74 23,Tos�9'� (6)UGM MAJOR S VIM BRIDGE CHARGE (Zow ,ti:"$ *a :,• ) Deferred by Covaosast .:. "MAC ® :.. /AC Las Myoc Street Bridge Credit Las Myon Street Bridge Charge due with Agreem ut for EIBP Not Major Street Bridge Charge Deferred(las EIBP Lob) Total UGM Mayor Street Bridge Cbrge Deferred by Covenant ('1)UGM TRAFFIC SIGNAL CHARGE }:« •,:o •• �:;$ Deferred by CovenantAC �K r ,r k •. .....n......... Lea Traffic Signal Credit [ ] Lea Traffic Signal Charge due with'Agmammit for EMP Lob Not Traffic Signal Gorge Deferred(Dass E 03P Lob) Total UGM Traffic Signal Charge Deferred by C7ovanant (8)UGM GRADE SEPARATION CHARGE Deferred by Covenant Service Area. Zone: AC ® /AC Total UGM Grade Separation Charge Deferred by Cavukmt N/A (9)UGM AT-GRADE RAII.ROAD CROSSING FEE Deferred bey Covenant Service Ares: ::.•,� r •�'�;x:,? ;A�' AC ® $.}a /AC }>:,rr:. Lea At-Gisde RAAmd Crossing Cm& [ ] Total UGM At4 ade RR-Xing Fee Total UGM At-Grade RR Xing Fee Deferred by Covenant N/A (18)IIGM TRUNK SEWER FEE (Service Area (ZoneDiattict ...... ..r Deferred by Covenant AC 0 Total UGM Tnmk Sewer Fee Deferred by Covenant `' NIA (11)OVERLAY SEWER SERVICE AREA Deferred by Covenant .:::..:.... Total OvacLy Sewer Fee Deferred by Cavanant ,` '... . , TOTAL FEES AND CHARGES TO BE DEFERRED EY COVENANT r .• page 12 ( EXHBTT�• ACKNOWLEDGEMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdivider's Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 4741, Phase I of Vesting Tentative Tract No. 4741/UGM 574, is subject to an annual assessment currently estimated at $ 145.00. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4741. I/We understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document I/We have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdivider's Representative Date EM MIRR?) o HU as C as ft4741.doc (June 11, 1997) another �} , :.:; ::c:: An ordinance of the City of Fresno, California, adding subsecti 14-107(f)of do Fresno Municipal Code relating to deferral of water bond debt services in scheduled for introduction to the City Council on Tuesday, Juno 24, 1997. Section 14-107(f)reads; (fl In all zone districts, payment of Bond Debt Service Fees pursuant to subsection 1¢107(a)(8) may be deferred until issuance of a occupancy pemdt pursuant to an agreement which coo forms to the r+equirenents of Section 12-4.6 The effective date of this ordinance shall become effective at 12:01 a.m. on the thirty-first day after adoption. If adopted as noted above the Bond Debt Sarike Fees for this subdivision would be defecred by covenant for all lots except lots: 51 - SS and 80, 81 and 82, inclusive which.have 'Agreement for Early Issuance of Building Permit.` (EIBP) 1994 Bond Debt Service Fee 1994 Bond Debt Service Area: 101 96 units @ $ 895.00/ unit = $ 85,920.00 1994 Bond Debt Service Fee for EMP lots due with Subdivision Agreement - $ 7,160.00 1994 Bond Debt Service Fee to be deferred by covenant = $ 78,760.00 If the ordinance listed above is approved prior to recordation of this map Section S of this agreement will be modified by this addendum to read as follows: S. The Subdivider has deposited with the City of the sum of Two Hundred Thirty- Nurse Thousand Eight Hundred Sixty-Four and 60/100 Dollars ($ 239,864.60)for the total fees and charges obligations as a condition of:final map approval. The dotal fees and charge: are more particularly itemized in Exhibit W attached hereto and hereby made part of this Agreement, except for the 1994 Bond Debt Service Fee listed above that would be deferred by covenant. The amount of the fee and charge obligations dye with the agreement will be reduced by Seventy-Eight Thousand Seven Hundred Sixty and 001100 Dollars ($ 78,760.00).