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SUBDIVISION A,%-x-1-Rv-vu-jEW--NT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4768
PHASE II OF VESTING TENTATIVE TRACT NO. 4664
P.W. File No. 9844
UGM No. 537
THIS AGREEMENT is made this 20th day of DECEMBER , 19 96 ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and McCaffrey Development LP, a California Limited Partnership, P. O. Box 16369, Fresno,
California, 93755, hereinafter designated and called the "Subdivider," without regard for number or
Gender.
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 2
BF�rT�
A. The Subdivider has presented to the City a certain final map of a proposed subdivision
of land owned by the Owner and located within the corporate limits of the City, and known and
described as Tract No. 4768, Phase II of Vesting Tentative Tract No. 4664/UGM 537, a copy of
which map is attached to and made a part of this Agreement, and said Owner has requested the City
to accept the dedications delineated and shown on said map for the use and purposes specified
thereon, and to otherwise approve said map in iorder that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map, the dedication of such streets, highways and public places and easements as are delineated and
shown on said map, and deems the same as necessary for the public use, and also requires that any.,
and all streets delineated and shown on said map shall be improved by the construction and the
installation of the improvements hereinafter specified.
r .
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time
hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of
Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument and that all
such instruments of subordination, if any, are attached hereto and made a part of this instrument.
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 4664/UGM537
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
December 31, 1997, except as noted in (b), (c) and (d) listed below:
b. Sidewalk and driveway approach construction shall be completed on or before
December 31, 1998, (the Subdivider may submit a written request to the Public Works
Director for an extension of time to complete the construction of the sidewalk and driveway
approaches).
c. Lot corner monumentation which shall be completed to the satisfaction of the
Director of Public Works as provided by the Fresno Municipal Code, on or before
December 31, 1998, (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 December 31, 1998, or upon occupancy of each
individual dwelling, whichever occurs first, to the satisfaction of the Director of the City
Parks, Recreation and Community 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 10.105(c), 10.201, 10.401, 10.402, 10.403, and 10.502
shown in Exhibit "A" attached hereto and hereby made a part of this Agreement. No
occupancy permit shall be issued until an approved "all weather" street frontage and access
is constructed with approved streetlighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision shall not be
construed in any manner to constitute an acceptance and approval of any or all of the streets
and improvements in said subdivision.
' I
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 4
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
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 nonce 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
i
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, inspectim and:testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate landdivisions
shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act,prior to the City's final acceptance
of the subdivision and release of securities, the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final
setting of all monuments requiredin the 'subdivision.
b. All utility systems shall'be installed underground. Subdivider's attention is directed
to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No.
78-522 or any amendments or modifications which may be adopted by Council prior to the
actual installation of the lights. The Subdivider shall construct a complete underground street
light system as approved by the Traffic Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaries shall be in accordance with Resolution
Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council
prior to the actual installation of the lights and shall be approved by the City Traffic Engineer.
Section 12-1010(h) of the City of Fresno Municipal Code requires the undergrounding of
overhead utilities within the subdivision. Completion of all undergrounding of overhead utilities
will be required by Construction Management prior to release of securities.
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
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 and Water Agreement, dated:
October 8, 1996) 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.
i. Install landscaping and an irrigation system in a 10-foot landscape easement along
the side and rear property lines of lots which side- or back-onto West River Vista 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
Landscaping and Lighting Maintenance District No. 1. Additionally, the Subdivider is required
to provide the City of Fresno with copies of signed acknowledgements (see Exhibit "C") from
each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that
the lot will have an annual landscaping maintenance assessment and that the purchaser is aware
of the assessment.
The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works
Department,Engineering Service Division,2600 Fresno Street,Fresno, California,93721-3623.
I
i
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 4664/UGM537
Page 6 !
' f
Pursuant to Section 12-1013 (Improvement Plans and Profiles)of the Fresno Municipal Code,
the Subdivider has posted improvementty with the City guaranteeing the preparation of
the detailed landscaping/irrigation and w plans for the required landscaping to be approved
by the City.
The Subdivider agrees that, in the event the required plans have not been submitted by the
Subdivider to the City for approval within 90 days of the execution of this agreement by the
City, the City shall use the security posted to cause the preparation of the required
landscaping/irrigation and wall plans.
j. Pay the buffer street tree fee in accordance with the master fee resolution. In lieu
of paying the street tree fee, the Subdivider had 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 above named la�dsiccape 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 obligate W*ccept any tree for maintenanoe-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 re�uiscd individual lot tree planting, the Subdivider has
accepted responsibility for street tree planting and has posted Performance Security to secure
planting and maintenance until acceptance of the street trees by the City Parks, Recreation and
Community Service Department.
The Subdivider has entered into a "Developer Tree Planting Agreement" with the City and shall
obtain a street work permit for all landscape installation shown on the plans as part of the
"Developer Tree Planting Agreement," the tree planting plan shall include the types, location,
and number of trees and show all landscaping proposed for planting on Public and/or City
controlled property. The Subdivider agrees that the City shall not be obligated to accept any
tree which is not included in the approved landscaping plan.
1. The vista point designated on the Bullard Community Plan at the extension of North
Polk Avenue has been offered as Outlot 'A " on the final map of Tract No. 4749, Phase V of
Vesting Tentative Tract No. 43001, recorded on October 14, 1996, Volume 60 of Plats at pages
17 and 18, Fresno County Records, for vista point purposes and the Subdivider of said Tract
No. 4749 has posted securities for the vista point construction. As a condition of approval of
Vesting Tentative Tract No. 4664, dated October 19, 1994, the Subdivider of Vesting Tentative
Tract No. 4664 shall reimburse the owner of Vesting Tentative Tract No. 4300 for one-half the
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 7
cost of constructing the vista point upon notification by the City of the established total cost of
the vista point facility.
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-7294 through 10-C-7303 with Water Job No. 4768
(25 Sheets), inclusive;
b. City Drawing Nos: 15-C-9397 through 15-C-9412 (16 Sheets), inclusive;
c. City Drawing Nos: 4-C-432 (1 Sheet), inclusive, unless specifically omitted herein.
5. The Subdivider has deposited with the City the sum of One Hundred Forty-Eight
Thousand One Hundred Six and 23/100 Dollars ($ 148,106.23) for the total fees and charges
obligations as a condition of final map approval. The total fees and charges are more particularly
itemized in Exhibit "B" attached hereto and hereby made part of this Agreement.
6. Subdivider has paid to the City of Fresno, in accordance with Article 13, Chapter 13 of
the Fresno Municipal Code, the required fee to defray the costs of constructing planned local
drainage facilities for the removal of surface and storm waters from the subdivision.
7. It is agreed that the City shall inspect all work. All of the work and improvements and
materials shall be done, performed and installed in strict accordance with the approved construction
plans for said work on file in the Office of the City Engineer of the City and the Standard
Specifications of the City, which said plans and specifications and standards are hereby referred to
and adopted and made a part of this Agreement. In case there are not any standard specifications
of the City for any of said work, it is agreed that the same shall be done and performed in
accordance with the standards and specifications of the State of California, Division of Highways.
All of said work and improvements and materials shall be done, performed and installed under the
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 4664/UGM537
Page 8
inspection of and to the satisfaction of the City Engineer of the City.
8. Prior to the approval by the Council of the City of said final map, the Subdivider shall
furnish to the City:
a. Performance security in the sum of Eight Hundred Forty-Five Thousand and 00/100
Dollars (g 845,000.00), which is equal' to 100% of the total estimated cost of the work
required. Five percent (5%) of said amount, Forty-Two Thousand Two Hundred Fifty w d
00/100 Dollars ($ 42,250.00), shall be cash or a Certificate of Deposit; the remaining 9596,
Eight Hundred Two Thousand Seven Hundred Fifty and 00/100 Dollars ($ 802,750.00) 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 Four Hundred Twenty-Two Thousand Five Hundred
and 00/100 Dollars ($ 422,000.00), 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 authojrized=zporate sureties subject-Wtheapproval of the
City and on forms furnished by the City.
c. Performance security in the suns of Eight Thousand and 00/100 Dollars ($8,000.00),
which is equal to 100% of the total estimated cost of the preparation of Landscaping/Irrigation
and wall improvement plans required. One hundred percent (100%) of said amount shall be
cashier Certificate of Deposit, all to be conditioned upon the faithful performance of this
agreement.
d. Performance security in the sum of Three Thousand Six Hundred and 00/100 Dollars
(g 3,600.00), which is equal to 100% of the total estimated cost of buffer street tree planting
and maintenance required. One hundred percent (100%) of said amount shall be cash or a
Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement.
e. Performance security in the scum of Fifteen Thousand Nine Hundred and 00/100
Dollars (g 15,900.00), which is',equal to 100% of the total estimated cost of lot street tree
planting and maintenance required. One hundred percent (100%) of said amount shall be cash
or a Certificate of Deposit, all to be' conditioned upon the faithful performance of this
agreement.
f. Any and all other improvement security as required by Fresno Municipal Code,
Section 12-1016.
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 9
9. On acceptance of the required work, warranty security shall be furnished to or retained
by the City, in the amount of Nine Thousand Seven Hundred Twenty-Five and 00/100 Dollars
($ 9,725.00), 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.
13. 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.
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
r land be privately 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 covered by this Agreement, or any
part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save the City
harmless from and against any and all injuries to and deaths of persons, and all claims, demands,
costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly
from the performance of any or all work to be done in and upon the street rights-of-way in said
subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4W/TJGM537
Page 10
injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability,
howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider,
the Subdivider's agents, employees and subcontractors, while engaged in the pcaformance of said
work. The Subdivider further agrees that the use for any purpose and by any person of any and all
of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the
Subdivider at all timesprior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12. The Subdivider shall remedy any defective work or labor or any defective materials and
pay for any damage to other work resulting thlerefrom which shall occur within a period of one (1)
year from the date of acceptance of the work;
13. The Subdivider and his subcontractors shall pay for any materials, provisions; an6 6,--- -
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
r 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 Coda, 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 fot 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
C/
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 4664/UGM537
Page 11
Standard Specifications shall at all times remain under the control and direction of the City Engineer
who shall determine locations and depths to be tested. Any compaction tests failing to meet the
City's requirements shall be reordered by the City and paid for by the Subdivider or his agent.
Billing for the private utility tests and any required retesting due to failures shall be made directly
to the Subdivider or his agent.
15. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes
and any other codes of the City.
16. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the determination
of liability if one operation delays another. In no case shall representatives of the City of Fresno
be placed in the position of making decisions that are the responsibility of the Subdivider. It shall
further be the responsibility of the Subdivider to give the City Engineer written notice not less than
two (2) working days in advance of the actual date on which work is to be started. Failure on the
part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall
be solely responsible.
17. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of
his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 46641UGM537
Page 12
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:, or streets as rerquired iby this paragraph, the City'Engineershall 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
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 46641UGM537
Page 13
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a
safe and passable condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations.
20. Concrete curbs and gutters, the sanitary sewer system and house connections, together
with water mains, gas mains, and their respective service connections, shall be completed in the
streets and alleys before starting the street and alley surfacing.
21. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit
of the parties hereto, their successors and assigns.
22. No assignment of this Agreement or of any duty or obligation of performance hereunder
shall be made in whole or in part by the Owner or Developer without the written consent of City.
Subdivision Agreement
Tract No. 4768, Phase H of
Vesting Tentative Tract No. 46641UGM537
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRWOP SUBDIVIDER
a Municipal Corporation
McCAFFREY DEVELOPMWT LP,
a California Limited Partnership
RAYMOND G. SALAZAR, DIRECTOR
PUBLIC WOPM DEPARTMENT
,0,f J 1A A A.wA d.,.A J
Robert A. McCaffrey, Gewal Partner
ATTEST:
REBECCA E. KLISCH 4
CITY CLERK M y, Partner
J
BYr
APPROVED AS TO FORM:
HILDA. NT
City AttorLn
By (Attach Notary Acknowledgment)
Deputy
Revised: 12/02/1996
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 15
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On DECEMBER 20th, 199 6 , before me, Jocelyne Gueret personally
appeared Raymond G. Salazar, Public Works Director personally known to me
(or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the
person(s), or the entity upon.behalf of the CITY OF FRESNO of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. -
REBECCA E. KLISCH
CITY CLERK
By
D UTY /
Tract No. 4768
P.W. File No. 537 -
FT4768SA.DOC
STATE OF CALIFORNIA }
) SS.
COUNTY OF FRESNO }
On DECEMBER 3. 1996 , before me, R. LANXER, NOTARY PUBLIC ,
personally appeared ROBERT A. McCAFFREY and KAREN' Mc AFFREY
personally known to me (�tx*iprvxac#!c* �Rka*4eeiaIh �fst
t*1de' ? to be the person(s) whose name(s)*ia/are subs ribed to the
Ir,s
within instrument and acknowledged to me that *) Wtjiey executed
the same inAvi*AYWtheir authorized capacity(ies),and that by hWl$*/their
signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the Instrument.
WITNESS my hand and official seal.
Signature Miis area for official notarial seal)
.M7399
NOTARY W CopMCM
�fy ca".EX,N�.u,199 y
• , i
I CERTIFY UNDER PENALTY OF PERJURY THAT THE "NOTARY SEAL" ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY
DATE COMMISSION EXPIRES
PLACE OF EXECUTION DATE
(Govt. Code, Sec. 27361.7)
Signature (Firm Name If Any)
i
Subdivision Agreement
Tract No. 4768, Phase II of
Vesting Tentative Tract No. 4664/UGM537
Page 16
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on NOVEMBER 27 , 19_2_6, in the office of the Fresno County Recorder in Book
N/A , Page N/A Document No. 96101609 of which the Deed of Trust in
by and between McCAFFREY DEVELOPMENT, L.P. as Trustor, COMMERCE
SECURITIES CORPORATION as Trustee, and VALLIWIDE BANK as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to
the foregoing Subdivision Agreement for Tract No. 4768, Phase II of Vesting Tentative Tract No.
4664.
DATED: NOVEMBER 27 19 96
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WSW
State of CALIFORNIA
County of FRESNO
i
On NOVEMBER 27, 1996 before me, 1RUCE BUTLER, NOTARY PUBLIC
oA'M M M&mu of a"ic A-r a.;WEE ooE.NOTAW ftftV
personally appeared EVELYN HOLLIMAN
NMOM OF SKINEA(SI
❑ personally known to me - OR - ® proved '',to me on the basis of satisfactory evidence
to !be the person(s) whose name(s) is/see
subscribed to the within instrument and ac-
knowledged to me thatAWsheLtW executed
the same in his/her/i kkU authorized
calpacity(ies), and that by Isis/her/Mkgdt
Signature(s) on the instrument the person(s),
BRUCE BUTLER or the entity upon behalf of which the
`onlrn.11t)YOS%t 2
�i000u�rtrn person(s) acted, executed the instrument.
Ca111e EW Sed 29.1999�
WITNESS my hand and official seal.
.s of Nor
OPTIONAL
Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
• ❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
cram
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: i
DATE OF DOCUMENT
SIGNER IS REPRESENTING: `
NAME OR PLASOMM OR WMTYM
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave..P.O.Box 7154•Canoga Park CA 91309.7184
1991 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division
GENERAL
Scope
Sec. 10.101. Fire protection shall be in accordance with this article.
Definitions
Sec. 10.102. For definitions of AUTOMATIC FIRE-EXTINGUISHING SYSTEM,
FACILITY, FIRE DEPARTMENT INLET CONNECTION and STANDPIPE SYSTEM, see
Article 9.
Permits
Sec. 10.103. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public
highways, alleys or private ways open to or generally used by the public. See Section 4.108.
EXCEPTION: A permit is not required for persons employed and authorized by the
water company which supplies the system to use or operate fire hydrants or valves.
Tampering with Fire-protection Equipment and Site Barriers
Sec. 10.104. (a) Fire Department Property. Apparatus, equipment and appurtenances
belonging to or under the supervision and control of the fire department shall not be molested,
tampered with, damaged or otherwise disturbed unless authorized by the chief.
(b) Fire Hydrants and Fire Appliances. Fire hydrants and fire appliances required
by this code to be installed or maintained shall not be removed, tampered with or otherwise
disturbed except for the purpose of extinguishing fire, training, recharging, or making necessary
repairs, or when allowed by the fire department. When a fire appliance is removed as herein
allowed, it shall be replaced or reinstalled as soon as the purpose for which it was removed has
been accomplished.
(c) Site Barriers. Locks, gates, doors, barricades, chains, enclosures, signs, tags,
or seals which have been installed by the fire department or by its order or under its control
shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.
EXHIBIT "A„ PAGE 1
1991 UNIFORM FIRE CODE
EXCEPTION: When authorized by the chief or performed by public officers
acting, within their scope of duty.
i
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 k¢pt near fire hydrants, fire department inlet
connections or fire-protection system control Valves in a manner that would prevent such p
equipment or fire hydrants from bring, 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 lire Hydrants. When exposed to vehicular damage, fire
hydrants shall be suitably protected.
Closure of Accessways
Sea, 10.10 . (a). General. The chief is authorized ,to require the installation and
maintenance ofpP
ates or other approved barricades across mads trails or other
g
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 alccessways which have been closed and obstructed in
the manner prescribed by this section.
Fire Protection In Mobile Home and Recreational Vehicle Parks
See. 10.107. Mobile home and recreational vehicle parks shall provide and maintain Ere
hydrants and access roads in accordance with Divisions H 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
1991 UNIFORM FIRE CODE
Division 11
FIRE APPARATUS ACCESS ROADS
General -
Sec. 10.201. Fire apparatus access roads shall be provided and maintained in accordance
with this division.
Plans
Sec. 10.202. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
Required Access
Sec. 10.203. Fire apparatus access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or moved into or within the jurisdiction when any
portion of the facility or any portion of an exterior wall of the first story of the building, is
located more than 150 feet from fire apparatus access as measured by an approved route around
the exterior of the building or facility.
EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be modified by the
chief.
2. When access roads cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions, the chief is authorized to require addi-
tional fire protection as specified in Section 10.501 (b).
3. When there are not more than two Group R, Division 3, or Group M
Occupancies, the requirements of this section may be modified, provided, in the opinion
of the chief, firefighting or rescue operations would not be impaired.
More than one fire apparatus road shall be provided when it is determined by the chief
that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high-piled combustible storage, see Section 81.109 (a).
For open yard storage, see Section 30.102.
For hazardous materials, see Article 80.
For fire safety during construction, alteration or demolition of a building, see Section
87.103 (b).
EXHIBIT "A„ PAGE 3
1991 UNIFORM FIRE CODE
Specifications
Sec. 10.204. (a) Dimensions. Fire a tus 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 aro installed
and maintained indicating the established vertical clearance.
Vertical clearances or widths shall be increased when, in the opinion of the chieff,
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 weatha
driving capabilities. -
(c) 1 unft Radlus. The minimum radius of a fire apparatus access road shall be as
approved by the chief.
(d) Dead Ends. Dead-end fin apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions f 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 accordancewith 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 mad shall not exceed the maximum
approved by the chief.
Obsttion
Sec. 10.205. The required width of aj fine 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 mads to identify such roads and prohibit the obstruction
thereof or both.
Division 111
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
mad 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 "A" PAGE 4
1991 UNIFORM FIRE CODE
Key Boxes
Sec. 10.302. When access to or within a structure or an area is unduly difficult because
of secured openings or where immediate access is necessary for life-saving or firefighting
purposes, the chief is authorized to require a key box to be installed in an accessible location.
The key box shall be a type approved by the chief and shall contain keys to contain necessary
access as required by the chief.
Shaftway Marking
Sec. 10-303. Exterior windows in buildings used for manufacturing or for storage on
shaftways or other vertical Means of storage purposes which open dire communication between
two or more floors shall be plainly marked with the word SHAFT-WAY in red letters at least
6 inches high on a white background. Warning signs shall be easily discernible from the outside
of the building. Door and window openings on such shaftways from the interior of the building
shall be similarly marked with the word SHAFTWAY in a manner which is easily visible to
anyone approaching the shaftway from the interior of the building, unless the construction of the
partition surrounding the shaftway is of such distinctive nature as to make its purpose evident
at a glance.
Exterior Doors
Sec. 10.304. (a) Obstruction and Elimination. Exterior doors or their function shall
not be eliminated without prior approval by the chief. Exterior doors which have been rendered
nonfunctional and which retain a functional door exterior appearance shall have a sign affixed
to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of
letters having principal stroke of not less than 3/4 inch wide and at least 6 inches high on a
contrasting background. Required fire department access doors shall not be obstructed or
eliminated. See Article 12 for exit doors.
(b) Access Doors and Openings. For firefighting purposes, access doors, openings and
exit doors shall be provided and readily accessible in occupancies as required by the Building.,
Code.
For access doors for high-piled combustible storage, see Section 8 1.109 (b).
Floor Openings
Sec. 10.305. Floor openings shall be surrounded by guardrails as set forth in the Building
Code or shall have covers which are automatic closing or maintained in a closed position at all
times.
Division IV
WATER SUPPLIES FOR FIRE PROTECTION
General
Sec. 10.401. An approved water supply capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities, buildings or portions of
buildings are here after constructed or moved into or within the jurisdiction. When any portion
EXHIBIT "A" PAGE 5
1991 UNIFORM FIRE CODE
of the facility or building protected is in excess of 150 feet from a water supply on a public
street, as measured by an approved route around the exterior or of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the chief. _
Type of Water Supply
Sec. 10.402. Water supply may consist of reservoirs, pressure tanks, elevated tanks,
water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by the provision in Appendix M A.
Fire Hydrants
Sec. 10.403.Ile location, number andtype of fire hydrants connected.to a water auppiy
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 requited and approved by the chief. Fire hydrant
shall be accessible to the fire department apparatus by roads meeting the re quiremerits of
Division IL
For fire safety during construction, alteration or demolition of a building, see
Section 87.103 (c).
Division V
INSTALLATION AND I MAINTENANCE OF
FIRE-PROTECTIOIII AND LIF1&SAFETY` SYSTEMS
General
Sex. 10.501. (a) Type Required. The chief is authorized to designate the type and
number of fire appliances to be installed and maiptained in and upon all building,s and premises
in the jurisdiction other than private dwellings.
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 wig such banding 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 systema 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 hoses, fixed or
portable fire extinguishers, suitable fire blankets, g apparatus, manual or automatic covers,
carbon dioxide, foam, halogenated or dry chtmicat or other special fire extinguishing systems.
Where such systems are provided, they shall be designed and installed in accordance with the
applicable Uniform Fire Code Standards.
(c) Buildings under Construction. Fire-protection equipment and systems shall be
installed and maintained in buildings under construction in accordance with Article 87.
EXHIBIT "A" PAGE 6
1991 UNIFORM FIRE CODE
Timing of installation
Sec. 10.502. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and
made serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief. are
provided, the above may be modified or waived.
EXHIBIT "A" PAGE 7
Tract No. 4768/UGM337 Ct-D"
SUBDIVISION AGREEMENT CALCULATIONS
DEVEMP14 EM DEP"17404T ('09)4N-WI
SUII.DMI AND SPXM=V=D"ION/LAND DIVMN AM IGNGROMMO 3ZCrM
?600 PI BM snUW,MWO CA 93721,MN TRACT No. 9
PREPARED BY: '' �:a' < „ UGM No. j
I
OMCi0D BY: P.W.FILE No.
TRACT NAME: f x GROSS ACREAGE
ZOHN(h. „ "'� NET ACREAGE _
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS
.}.
.. ...' .. ....:.5..:....a ........: fill,. �: ......' :.. .... .
ADDRESS: Q
tT n
;}i }
I SUBDIVISION CALCULATION SHEET(Indion Earp Construction ABreanent Cakukdow)
( Q',fib)
L.Water Consft u two
Engineer's Estimate '`
Adjustmmb
Adjusted Cort Batimate
ib.Water Well Cooskvctkm
Engineer's Endo ate ::;: •;>:<t"`µ'
Water Well Head Treatment
usted Cost Estimate
Adj .
I&Water Coasbucd(n (Part of Early Agreement)
Engineer's Estimate " }
Adjustmenb :::{: 3
•.• yKn�q,.,v})C ;it:n}:?xH.!!,:.:i?^^`^!Y4Y.•`?YADJ�.
O�� �• r ..; ��{yam
Ad,�nated W
pale 1 ! E7QITBIT B'
Tract'No. 4768/UGM537 02-Dec-96
2a. Sewer Construction
.......................................
.......................................
.......................................
Engineer's Estimate665(#
Adjustments
Adjusted Cost Estimate .....
Adj
2b. Sewer Construction (Part of Early Agreement)
Engineer's Estimate
.......................................
.......................................
.......................................
Adjustments kI'76St3
Adjusted Cost Estimate
3. Storm Sewer Construction (Part of Early Agreement)
.......................................
.......................................
.......................................
Engineer's Estimate
.......................................
.......................................
.......................................
Adjustments >' t7t0
Adjusted Cost Estimate M
4. Street Construction (Part of Early Agreement)
.......................................
Engineer's Estimate
Adjustments
Adjusted st Estimate
>>>
4a. Street Construction
Engineer's Estimate
Adjustments '( 2532
.......................................
.......................................
.......................................
Engineer's Estimate(UGIu) ...............' t
.......................................
.......................................
.......................................
Adjustments(UGM)
.......................................
Storm Drain Construction0 <
.......................................
.......................................
.......................................
Adjustments >< t
Page 2 E)=rr 'B'
Tract No. 4768/UGM537 02 Dsc46 '
Stred C.onshudion Condaued
Landscape,Faooe sad brigatioa Construction
Pariumw Masonry Wall or Solid Fence Conshucdm
Lod�cape/Irri tion Construction
MOM
Median Island
x .. *
Es. isms=
Adjusted Cat Estimate MINE=
E-1 Electrolier.
now a AMM Ea
13-2 E wholim
Ea
•'YY;l'li' ;i :v •'ii;il':
•v. , ��•C:�.ti•.i5�{•::::}:.,tiiiC•:titiiii'!.• EA
-------------
Total Adjusted Street Eatimate 5•,i n g
Total Construction Cost for Inspection Fee Calculations
SubTotal for Bonding Caleuladons(Subtotal for Bonding ler ECA Bonding) i
ECA Total for Sem Water and Storm Drain(For mon In Calcination)
ECA Total for Struts(For Inspection Fa Calculations)
INSPECTION FEE CALCULATIONS
+ Total for Inspection Fee Calculations ;.
796 of First$10,000.00 $300.00 min
4% of nut$490,000.00
2.5% of oat over$500,000.00
Total Inspection Fes
Inspection Fees paid with tie E. C. A. ``
Total bgmWon Fees Due with this Agreement
pogo 3 ( ExEmrr B'
Tract No. 4768/UGM537 02-Dec-96
Sub-Total For Construction Cost Bonding '>><V75220`}
9,
Lot
and Block Corners
Sub-Total For Construction Cast Bonding76l5
Construction Contingency
.......................................
.......................................
.......................................
Total Estimated Construction Cast }
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
Total Inspection Fees Due with this Agreement $ 53' i
Total Estimated Construction Cost ; 84t1k
SECURITY CALCULATIONS
Performance Security
100% of the Total Estimated Construction Cost
5% Security Deposit(Cash or C.D.) 42 2SQ f 0
.......................................
.......................................
.......................................
Performance-95% 49.2
Payment Security
Labor&Materials-5096 X422# E 't1E}<
Warranty Security:
.......................................
.......................................
.......................................
5% of First$50,000.00 S Sf#I E >
.......................................
3% of Next$50,000.00 ` S EI(
196 of Next$400,000.00
.......................................
.......................................
.......................................
1/2% of Costs Over$500,000.00 I 25 `
Total Amount to be Retained for Warranty s9 ?S'tlQ'
page 4 I EXMIT 'B"
Tract No. 4768/UGM537 02 Deo 46
II SUBDIVISION FEES AND CHARGES
The Subdivider budeposited with the Ci the sun of
($' tiE >$Ql : )for the wllavt�:
(1) INVECTION FEES
(2) MONiTBUM CHECK FEL
LOTs ® xy ..,Maw
(3) IlVTERSLCTION MGNING
VIA ® LfM
(4) TRAFFIC REGULATORYMARNING$10NING I�
(S) NO PARXING AND BM LANE SIGNING
® xH .
(� STREET TREES:
A. Cityffloj tdy planted lot trees to be naai� the lot owners.
••::w::i::: [
>ts:�isi.<ti Trees® :. ^:���'!!x!(1 /l/�
ms
I
B. Street Tres Inspection Fee:
(a) Privately planted Lot Suet Tree to be,maintained b)►the lot Owner.
Tim®S � >rTree
(b) Privately planted Buffer Street Trebs to be maintained by tbs City's 7 labtins and
Landscaping Maintenance District No. 1
:> ;>wa (0 n0 1-yo)
r
\-/
AIR
FMFCD DRAINAGE FEE Zane DWict
.................................. '. ® :i •Y�+�'.:n••: '.•�:::.\ •i}: .. n...
(>� POND MAINTENANCE FEL
SF /SF
M FRONTAGE ROAD ISLAND)LANDSCAPING FEE
i
LF
/L a I�
(10)SEWER TRENCH WATER COMPACTION CHARGE
..�.:..:.:: a /CY 1
l
5 B' V
Tract No. 4768/UGM537 02-Dec-96
(11)UGM FIRE STATION FEE
.......................................
(Service Area No.
(Zone District No.
Deferred by Covenant s t1: (0=no 1=yes)
Z 6$?2.:Acres ® 82 000., /Ac
Total UGM Fire Station Fee Due with Agreement : Q:pQ Paid With Compromise
and Release Agreement
.:.....................................
(12)UGM NEIGHBORHOOD PARK FEE .....:. .:::.. ... ..........
>'> '
Service Area No. i>»>< .....
Zone District No.
8>.<....
Deferred by Covenant :> 'a (O=no '=Yes)
>2'ir.G2 Acres :'695Q4> /Ac
............................ ® [iy.: 1►..:.�:::::::. .i:Sii ; >9L7�y;Dyi::$
Total UGM Neighborhood Park Fee Due with Agreement
(13) SANITARY SEWER CONNECTION CHARGES 'g2
(a)Lateral Charge*All Mains and future mains installed or to be installed by Developer.
Deferred by Covenant W(0=n0 1=Yes)
LF ' <> /LF
<;
<<LF /LF
® ... .
Total Lateral Char a Due with Agreement
xt <
(b) Oversize Charge
.............................
............................
(UGM Reimbursement Area No. 9 )
Deferred by Covenantpj (0=no 1=yes)
:....:. .. Ac ./ c..
24f.. A
Lees Oversize Credits <A.D. #131> [ `>$40-J I.5 ]
Less Overdepth Credits
Net Oversize Charge
€ < >SOt >
.. ..
Total Oversize Charge Due with Agreement < " bE Paid With A.D. #131
Credits
(c)Trunk Sewer Charge
Trunk Sewer Service Areal ' tAl!1 <;<
UNITS 7
>' > 23.. t1.(.;. ]. liJNTT
:.....:.. ...:........... :............................
Less Paid w/Compromise and Release Agreement [
Net Trunk Sewer Charge 4QS €
Total Trunk Sewer Charge Due with Agreement $Q25
(d) Major Facilities Sewer Service Charge and Wastewater Facilities Charge
Fee obligation to be paid at the then current rate in effect at the time of
issuance of building permit. (when applicable)
Total Sewer Connection Charges << 829
Page 6 EX Mrr "B-
Trad No. 4768/UOM537 02-D"
(14)WATER CONNECTION CHARGES
(a)Time d<Material Charges("Wd-Tip")
t a
(Wistar do Materials Estimate No. hwlPaidWithB.C.A.
(Water Job No. 10/08/96 C.M. /86213
(M)Service Connection Charges
Deferred by Covenant (0-no 1-yes)
Lob: 32 dt 40
1-112-METERS®Y art:
All other Lob
10 METERS ®
20 METERS ® a Ea.
2-112•METERSO Ea.
1- SERVICES ® Ra.
1-112• SBRVI Ea. .
Total Service Connection Charges Due with Agreenwo
(b.2)Service Connection,Charges Continued*(Mat De[errable by Covenant)
Lob: 104&105
Lodscape Service Connection
• 1-112-METERS®ul"M Ea. M.
(c)Frontage Charge *All mainly and fidurei mains installed or to be hrstaMW by Developer.
Deferred by Covenantll (0-no 1=yet
MLF
1,1
AYLF ® :>> AF
Total Service Connection Charges Due with AgreementM ;..,....:,' y
(d)Fine Hydrant Charge
(Zone District ::
e � p '�: ;.;.�
SF t•::,tt;�,::ax'• ~111IlyV•�71i'»....
(e)Transmission Grid Main Charge
(UOM Reimbursement Ares No. M!'!
Deferred by Covariant (O ""i-y")
p.
AC :> !AC
AC•:'. `' '< ?: ��::
Lea TOM Credits .......a:::.;:..:
Lan TOM Credits <A.D. #131> [ ]
t«h'>...
Net TOM Charge <:K:......
Total TOM Charge Due with Agreement
(f)water Conatnstion Charge'
i�
LOTS
\\
•:>.•:.�4•tit:. A:•w•:.v.:t:v ® ....:±:: ::v+.v.:tk : :.
page 7 EXHM T-B-
Tract No. 4768/UGM537 02-Dec-96
UNIT DEFINITION for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply
Units by: Lrvutg Units
(g)UGM Water Supply Charge
.............................
............................
.............................
(Supply Well No. :::><:s <?.(lfs>>>» ;;; .)....................................
S S
UNIT /L :
OT �>� 3
/UNIT
Less Well Credits
l
Net Well Charge
(h) Well Head Treatment Fee
............................
.............................
............................
Well Head Treatment Service Area
S
... ...............::.... ...
> 23<UN1TS/LOT /LO
UNIT T
(i)Recharge Fee
Recharge Service Area
UNITS/LOT S
<..,... �><
.UNTT/LOT
0) 1994 Bond Debt Service Fee
............................
.............................
1994 Bond Debt Service Area: > < 4II
>.. >'
UNIT
...1 ... Qtl' UNIT
Total Water Connection Charges << .... -Paid With Compromise and
Release Agreement
(15)UGM MAJOR STREET CHARGE . .. $f lQ
.................................
..................................
.................................
..................................
(Zone C2< > <»> )
Deferred by Covenant 'Qi (O=no 1=ye0..
....A 9 /A
Less Major Street Credit <A.D. #131>
Net Major Street Charge This Zone '# >
Total TGM Major Street Bridge Charge Due with AgreementFtKQ Paid With A.D. #131
..................................Credits
(16)UGM MAJOR STREET BRIDGE CHARGE 165 2ik
..................................
.................................
(Zone G1D )
Deferred by CovenantQ (0=no 1=yes)
A
C >>/AC
® :.::
Less Major Street Bridge Credit [ '_ ; pt ]
Net Major Street Bridge Charge >°-$2`6SS
Total TGM Major Street Bridge Charge Due with Agreement :655:2 ;`
.......................................
.......................................
(17)UGM TRAFFIC SIGNAL CHARGE .... 23
......::.................
.. ........ iy7 :< <
Deferred by Covenant (0=no 1=yes)
AC /AC..
SbOt>�
.......................................
Less Signal Credit <A.D. #131> [ << 2 - ' l
Net Traffic Signal Charge
Total TGM Major Street Bridge Charge Due with Agreement
Page 8 EXHIBIT 'B"
Tract No.4768/UGM537 02-DwA
(18)UGM GRADE SEPARATION CHARGE •N/A
Deferred by Covenant (0=no 1 )
Servos Arae, Zame: NO
ti•';•v}��U:t+v}}Y••Y •. .•�}>ry:'`}}:Gry:• p }
2::i:v'•^• £ A
Total UGM Major Street Bridge Charge Dub with Agreement
(19)UGM AT-GRADE RAILROAD CROSSING FEE •N/A
Defmred by Covenant (0-no lyes)
}}}}}}' � Ute^'•,`";•:•�v'i`v}".
Service Area: '< �
no
Service Area.
Leas At4hade Railroad Crossing Credit [ l
Total UGM At4rade RR-Xing Foe }.
Total UGM At-Grade RR-Xing Fee Due with Agreement
(20)UGM TRUNK SEWER FEE •N/A
(Seawioe Aron ' :e".x?� S• ...:)
(Zone ilii `: ...:....,........•....
)
Defured by Covamant (0-no I-yes
.�,., AC ..
.. r .j.j /AC -1,1121 1'
Total UGM Trunk Sewer Fee Due with AgreemW nw;,� •,
(21) OVERLAY SEWER SERVICE AREA •. ;• .• ���:•i.� ,v¢><
Deferred by Covenant N< r <} (O-no I.
SAW AC
Total Oveday Sewer Fee Due with Agree. :, . .
(22)UGM MAJOR STREET RIGHT-0F WAY ACQUISITION CHARGE ,
M)UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE
(?�UGM MAJOR STREET BRIDGE RIGHT-O WAY ACQUISITION CHARGE
(2S)UGM RIGHT-0F WAY REIhIDURSENSM CHARGE
00 LANDSCAPE MAINTENANCE DISTRICT FEL
A. AnfichmW Matntemance Ccat(PLnW Arms)
Sq. FL
B. Incidental Expenses(Legal fees,Fublicaliona,j't_.'._u,
�?s:}•:...}: v`• �• Lots ��/Lot .
(27)PRIVATE IRRIGATION LINE MAIRIMANCE FEE•N/A
ALF
LF a
}''fvii:•i4i;iir:i:t:vw>.::::•3:i:, A}:•:S:x �•:•,h
TOTAL FEES AND CHARGES DUE WITH AGREEMENT I<11711.::}..3:.;.�• .
page 9 'H'
Tract No. 4768/UGM537 02-Doc-96
III FEE DF.FF.RRAi 4
(1) UGM FIRE STATION FEE pp
(Service Area No.
..........................................
(Zone District No. 1C3C3biI < <` < )
........::..:.....:....................
Deferred by Covenant
'1`G9' Acres ::2{3Q '/Ac A
Total UGM Neighborhood Parr Fee Deferred by Covenant
(2)UGM NEIGHBORHOOD PARK FEE j t
Service Area No.
(Zone District No. IZ1 (3CG1M.
.......:..........)
Deferred by Covenant
..........:......:..........
Acres
Total UGM Neighborhood Park Fee Deferred by Covenant '': 04Q
.......................................
.......................................
.......................................
(3) SANITARY SEWER FEES ?` �; �t
(a)Lateral Charge
Deferred by Covenant
fILF
LF 1LF
`` OaN .. a ?..
< s >
Total Lateral Charge Deferred by Covenant
(b) Oversize Charge
(UGM Reimbursement Area No. r Q})
Deferred by Covenant
Ac /
Ac
::>:;:>::>;::....;:::::::;
Less Oversize Credits <A.D. #131>
.......................................
Less Overdepth Credits
Net Oversize Charge4 04.
Total Oversize Charge Deferred by Covenant
.......................................
.......................................
(4)WATER CHARGES > _ O
(a)Service Connection Charges
Deferred by Covenant
Lots: 32&40
_... ................ _..__......
w
�,> 1-1/2 METERS® ..... ;$ 70 00 Ea.
All Other Lots
1 w METERS
2 METERS Ea.
> <Q..
-1/
. 2 2 METE € Ea.
.Ea
1 SERVICES
; . ..
<> Q...
E CES `<> ;..........
1-1/2" S RVI .:.:..::... � :>: Ea.
.....
Total Service Connection Charges Deferred by Covenant0i ?0 `
page 10 J EXHIBIT 'B'
�i
Traci•No. 4768/UGM537 02-Dw46
(b)Frontage Chime
{� Deferred by Covemat
ALF
Liz NO
•"} ti's :;';`''S'',�:`
: ;
Total Service Caanection ga deferred by Covenant
(c)Tcammistien Grid Main Charge
(UGM Raimbursearmt Area No. , �>; ,1.1)
Deferred by Covenmt
AC
AC 0 •.
Lea TOM Credits
Lea TOM Credits <A.D.#131> [ ]
Net TOM Charge
Total TOM Charge Deferred by Covenant
(6)UGM MAJOR STREET CHARGE
(Zone w}�:k-.�7�f:'. t `a•
Deferred by Covemmt
AC ® /AC
Lea Major Street Credit [ } ]
Not Major Street Charge This Zane
Total UGM Major Street Deferred by Coventmt
(6)UGM MAJOR STREET BRIDGE CHARGE
Deferred by Cava"
INA ® ::•.k•:<<��; a :.}}� ;•, .,
Lea Major Street Bridge Credit <A—D. 6131>
Net Major Street Badge Charge ;•<k% a
Total UGM Major Street Bridge Charge Ddaw d by Covenmt :
M UGM TRAFFIC SIGNAL CHARGE
Deferred by Covenant
.': .:....�.: a.AC :;:........... /AC :
®
Lea Signal Credit <AD g131> [ ]
Not Traffic Signal Charge
Total UGM Traffic Signal Charge DefirrO by Covenant ..
(8)UGM GRADE SEPARATION CHARGE
Deferred by Covenant
Service Ara. Zane:AC
kap 1.1i �:i?NiYo'1�'
Total UGM Grade Separation Charge Wand by Covenant
page 11 BXm1T-9-
Mad No. 4768/UGM537 02-Dec-%
(9)UGM AT-GRADE RAILROAD CROSSING FEE [ (p<
.: ........:..........::...
Deferred by Covenant
..............................................................
...............................................................
..............................................................
Service Area: NIA !>> <.... >s<
..............................................................
...............................................................
>217> AC /
AC
.............
:a >
Service Area: I`
AC ;:::/AC
a?E}
Less At-Grade Railroad Crossing Credit I <' `' SQQ ]
Total UGM At-Grade RR-Xing Fee >< >[ 1Q
Total UGM At-Grade RR-Xing Fee Deferred by Covenant p
.......................................
.......................................
(10)UGM TRUNK SEWER FEE r 0i
Service Area tA«><>»>>»[ ` ` »> < ` '<> >> <
(Zone District =; 7GM-*..*.*.,.*."-. )
Deferred by Covenant
A
Total UGM Trunk Sewer Fee Deferred by Covenant $tQ
.......................................
(11) OVERLAY SEWER SERVICE AREA `` fl`ttf
Deferred by Covenant
A
C /AC
>
Total Overlay Sewer Fee Deferred by Covenant qQ
.......................................
TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT ' <'` {1; <
page 12 EXHIBIT "B'
ACKNOWLEDGEMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and. hereby
acimowledge and understand that the property I/We have purchased lot(s) of
Tract No. 4768, is subject to an annual assessment currently estimated at $ 98.00.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4768. 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 Subdividers Representative Date
[EKNOODR7 wVu
M768=.doc (November 14, 1996)