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HomeMy WebLinkAboutT-4776 - Agreement/Covenant - 8/17/2006 (5) UBDIVISION AGREEMENT City of _ FR� �I/ PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 937213616 (209)08-1602 Tract No. 4776 PHASE H OF VESTING TENTATIVE TRACT NO. 4421 P.W. He No. 9886 UGM No. 505 THIS AGRFFIVIFNT is made this ! day of TUI , 19-17-1 by and between the CITY of FRESNO, a Municipal Corporation, hereinafter designated and called the `City," and PATRIOT HOMES - FRESNO 111, a Limited Liability Company, 14724 Ventura Boulevard, Suite 901, Sherman Oaks, California, 91403, hereinafter designated and called the "Subdivider," without regard for number or Gender. -- Subdivision Agreement Tract No. 4776, Phase II of Vesting Tentative Tract No. 4421/UGM 505 Page 3 AGREEMENT ,i In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as,shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1. The Subdivider shall: a. Perform the work and improvements hereinafter specified on or before August 31, 1998, except as noted in (b), (c) and (d) listed below: b. Sidewalk and driveway approach construction shall be completed on or before August 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 and driveway approaches). I c. Lot corner monumentation which shall be completed to the satisfaction of the Director of Public Works as provided Eby the Fresno Municipal Code, on or before December 31, 1998, (the Subdivider may submit a written requuest to the Public Works Director for an extension of time to complete lot corner monumentation). d. Lot trees shall be planted by August 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, 903.2, 903.3, 904.4.1.2 and 903.4.2 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. E When a delay occurs due to unforeseen causes beyond the control and without the Subdivision Agreement Tract No. 4776, Phase II of Vesting Tentative Tract No. 4421/UGM 505 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: December 4, 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 and to maintain Outlot "C" of Vesting Tentative Tract No. 4421, in its natural state and open space. The Owner has executed covenants with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed acknowledgements(see Exhibit"C") from each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the assessment. The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works Department,Engineering Service Division,2600 Fresno Street,Fresno,Califmia,93721-3623. ,r Subdivision Agreement Tract No. 4776, Phase H of Vesting Tentative Tract No. 4421/UGM 505 Page 7 No occupancy permit shall be issued for any dwelling unit in Tract No. 4776 unless the noise barrier is constructed and the noise attenuation construction design of the units is provided as identified by the revised acoustical analysis based on the final grades and elevations prepared by certified acoustical engineer delineating the area of the subdivision where railroad noise levels exceed the City's 60 db Ldn outdoor living noise standard and per the Development Department policy regarding exterior wall height (12 foot maximum) and in accordance with the Railroad/Residential Interface Standards of the Bullard Community Plan. Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the.Fresno Municipal Code, the Subdivider has posted improvement security with the City guaranteeing the preparation of the detailed trailway landscaping/irrigation and sound well plans for the required public trailway and the noise barrier wall improvements within Outlot "A" 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 public trailway and sound wall plans. n. Install a six foot high wrought iron fence along the northerly property lines of all proposed residential lots which abut the San Joaquin River top of bluff in order to prohibit access to the river bluff face. The Subdivider has executed a covenant with the City of Fresno for perpetual disclosure and maintenance of said required fence by each respective future lot owner. The required said fence for each lot shall be installed prior to final occupancy of each lot. The Subdivider has posted performance security for the construction of said fence. o. Construct and improve the access road through that portion of Outlot "A" dedicated for right-of-way for storm drainage facilities purposes to the satisfaction of Fresno Metropolitan Flood Control District with improvement plans for said access road to be approved by the City Engineer. The Subdivider has posted performance security for the construction of said access road. Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the Subdivider has posted improvement security with the City guaranteeing the preparation of the detailed storm drainage facilities access road plans for the required within Outlot "A" 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 storm drainage facilities access road plans. Subdivision Agreement Tract No. 4776, Phase II of Vesting Tentative Tract No. 4421/UGM 505 Page 9 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 One Million Five Hundred Eighty-Five Thousand and 00/100 Dollars ($ 1,585,000.00),which is equal to 100% of the total estimated cost of the work required. Five percent (5%)of said amount, Seventy-Nine Thousand Two Hundred Fifty and 00/100 Dollars($ 79,250.00), shall be cash or a Certificate of Deposit; the remaining 95%, One Million Five Hundred Five Thousand Seven Hundred Fifty and 00/100 Dollars ($ 1,505,750.00) 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 Seven Hundred Ninety-Two Thousand Five Hundred and 00/100 Dollars ($ 792,500.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by ones or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City, c. Performance security in the sum of One Thousand Four Hundred and 00/100 Dollars ($ 1,400.00), which is equal to 100% ofr the total estimated cost of buffer street tree planting and maintenance required. One hundred.percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement- d. Performance security in the sum of Nine Thousand Eight Hundred and 001100 Dollars ($ 9,800.00), which is equal to 100% of the total estimated cost of lot street tree planting and maintenance required. One hundred percent (100%) of said amount shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. e. Performance security in the sum of Eleven Thousand Two Hundred and 00/100 Dollars ($ 11,200.00), which is equal to 100% of the total estimated cost of the preparation of Public Trailway and sound wall improvement plans required within Outlot W. One hundred percent (100%) of said amount shall be cashier Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. C Performance security in the sum of Three Thousand and 00/100 Dollars ($ 3,000.00), which is equal to 100% of the total estimated cost of the preparation of storm drainage facilities access road impmvpneiit plans required within Outlot W. One hundred percent (100%�of said amount shall be cashier Certificate of Deposit, all to be conditioned Subdivision Agreement Tract No. 4776, Phase II of Vesting Tentative Tract No. 4421/UGM 505 Page 11 costs,-loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all tines prior to final acceptance by the City of the completed street and other improvements thereon and therein. 12. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 13. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall w maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 14. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements Subdivision Agreement Tract No. 4776, Phase H of Vesting Tentative Tract No. 4421/UGM 505 Page 13 his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 18. Any damage to "the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 19. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be w 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 Subdivision Agreement Tract No. 4776, Phase H of Vesting Tentative Tract No. 4421/UGM 505 Page 15 22: No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Owner or Developer without the written consent of City. The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation PATRIOT HOMES - FRESNO III a Limited Liability Company RAYMOND G. SALAZAR., DIRECTOR PUBLIC WORKS DEPARTMENT By: r, /1A David chwa President and Secretary ATTEST: REBECCA E. KLISCH CITY CLERK BY12*110 APPROVED AS TO A NT Y Ci Attorn (Attach Notary Acknowledgment) By Deputy Revised: Subdivision Agreement Tract No. 4776, Phase II of Vesting Tentative Tract No. 4421/UGM 505 Page 16 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On . , 199 , before me, Personally appeared personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By DEPUTY Tract No. 4776 P.W. File No. 9886 FT4768SA.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 10, 1997 before me, Anna Choi Lo. notary public personally appeared EDDIE CHANG, SENIOR VICE PRESIDENT ®personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. you,aHa w cortrr�e�on#11a044 � Cc�aMa -Ki LC6NVOWcw* $ My cornet E#�e� '16.70 SIGNAT O NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER (Patriot Homes Phase 111) Senior Vice President Subordingtion to Map TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT 1 NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 6/10/1997 DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: General Bank SIGNER(S) OTHER THAN NAMED ABOVE ■ 1994 UNIFORM FIRE CODE and other obstructions. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. See also Section 1001.7. 901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. 9015 Obstruction and Control of Fire Apparatus Access Roads and Frye Protection Equipment. See Sections 902.2.4 and 1001.7. 901.6 Fire Protection in Recreational Vehicle, Mobile Home and Manufactured Housing Parks, Sales Lots and Storage Lots. Recreational vehicle, mobile home and manufactured housing parks, sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. SECTION 902-FIRE DEPARTMENT ACCESS 902.1 General. Fire department access roads shall be provided and maintained in accordance with Sections 901 and 902. 902.2 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 contracted or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet(45 720 mm) from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to buildings. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief. 2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 1001.9. PAGE 2 EXHIBIT W r L r 1994 UNIFORM FIRE CODE 902.23 Marking. See Section 901.4. 902.2.4 Obstruction and control of fire apparatus access. 902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any manner,including parking of vehicles.Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief. EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXCEPTION: When authorized by the chief or performed by public officers acting within their scope of duty. 9023 Access to Building Openings. 9023.1 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 waIkway leading from fire apparatus access roads to exterior openings required by this code or the Building Code shall be provided when required by the chief. 9023.2 Maintenance of exterior doors and openings. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a cow 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 9102.5.2. 90233 Shaftway marking. Exterior windows in buildings used for mamifacatring or for storage PAGE 4 D(HIBIT W 1994 UNIFORM FIRE CODE Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902-2. 903.43 Protection, marking and obstruction of hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. For marring, see Section 901.4.3. For obstruction, see Section 1001.7., 903.4.4 Maintenance and use of hydrants. See Sections 1001.5 and 1001.6.2. PAGE 6 DST mA7 4°Tzmct Ng.4776MGMSOS 06-JunA7 2a. Sewer Construction Engineer's Estimate .+ !.. fs Adjustments 1443E11 Adjusted Cost Esdro�ate 2t:::.3? a : '::. 2b.Sewer Construction (Fart of Early Agreeonent) Engineer's Estimate >` ZQtyEX!' D ' Adjustments >««< I24EI > Adjusted Cost Estimate 3. Storm Sewer Consftution (Part of Early Agreement) Engineer's Estimate S9yD25Dt ....................................... Adjustments Z.Sp Adjusted Cost Estimate 3.:L54 ;<«><` 4. Street Constr cation (Part of Early Agreement) Engineer's Estimate ....................................... ....................................... Adjustments ............................. _..... Adjusted Cost Estimate 4a. Street Construction Wuding Oudots"A" do W's Improvements) Engineer's Estimate Adjustments � �SI� � ($' Engineer's Estimate(Oudot B"s Access Road) ...................................... Adjustmimta(Outlot B' ....`>> ' Storm Drain Construction x9� 5; .. .. ............. ................. Adjustments page 2 E KMrr W Tied No:4776MGMSOS 06-JWk-W Sub-Total For Construction Cost Bonding Block Co Lot and n = OQ Ea Sub-Total For Construction Cost Bones Construction Contingency Total Estimated Coon Cost SOOp ' TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with this Agreement $2776 ; _ Total Estimated Constuction Cost SECURITY CALCULATIONS Performance Security 100% of the Total Estimated Construction Cost585 5% Security Deposit(Cash or C.D.) s 79? Qflt Performance-95% 2St?5'IS .' Payment Security Labor&Materials-50% > > S? S" Warranty Security: 5% of First$50,000.00 5{ Ef > 3% of Next S50,000.00 tT > 1% of Next$400,000.00 ..---. 1/2% of Costs Over$500,000.00 Total Amount to be Retained for Warranty >5A34 (#` page 4 EXIUBIT'B VirJ505 W 1xm7/ (U)UGM FIRE STATION FEES (Service Area No. (Zone District No. =IGA Deferred by Covenant » > (0=no 1=yes):.:..::.::::. ............... Z6?345:::Acres ® 54 </Ac14,3 UGM Fire Station Fees due for EIBP Lots S2,b08 ' Net Fire Station Fees Deferred(Less EIBP Lots) '>��� � �1 Total UGM Fire Station Fees Doe with y Agreement ... >< ': (12)UGM NEIGHBORHOOD PARK FEES Service Area No. ( ) Zone District No. Deferred by Covenant " (0=no 1=yes)............ Acres '/Ac '''9QEk ........... ....: UGM Park Fees due for EMP Lots Net Park Fees Deferred(Leas EIBP Lots) <?= 3 Total UGM Neighborhd Park Fees Due with Agreement `1`:j•�>�:::.:ixi:>i:::::�:.fir.:4i'ry^: (13) SANITARY SEWER CONNECTION CHARGES (a)Lateral Charge Deferred by Covenant !'` (0=no 1=yes) >Ef `LF 04 /LF 0 >LF tom'> ... ® ...........< ::::. Lateral:.. r a due for EIBP Lots ... .. Charge '�S:tE < Net Lateral Charge Deferred(Less EIBP Lots) # :; Total Lateral Charge Due with Agreement QQi ` -N/A (b) Oversize Charge ............................. (UGM Reimbursement Area No. Deferred by Covenant '(0=no 1—yes)....................... Less Oversize Credits—AD#131 [ > ? `':. Q ) Leas Overdepth Credits Oversize Charge} due for EIBP Lots Net Oversize Charge Defred(Leas EIBP Lots) Total Oversize Charge Due with Agreement Paid with AD#131 Credits (c)Trunk Sewer Charge Trunk Sewer Service Area > >'= W UNITS ® SSTO </UN1T t .; (d)Major Fadlifes Sewer Service Charge sad Widewatec Facilities Charge Fee obligation to be paid at the then current rate in effect at the time of issuance of building permit.'Ile foBovwmg fee rates have been adopted by the City Carmcil. Page 6 1 EXEMUT'B' �7iactl 4776/LTGM505 O&Jun-97 (f)Water Construction Charge 45 LOTS ® :.... SI.?S> /LOT 1I$:75> UNIT DEFINITION for Well Head.Recharge Fees. 1994 Bond Dept, &Water Supply Units by: v>;>:> > >::>; s: ......... (g)UGM Water Supply Charge ............................ ............................. ............................ (Supply Well No. 2l] 3> >`>»<> .).................... S.;°UNITS/LOTS® 535 Ek3; /[JNIT33,t► t14 Less Well Credits [ S6E ] Net Well Charge .. ': 3f63t4¢ (h)Well Head Treatment Fee ............................. ............................ ............................. ................ . ... Well Head Treatment Service Area :«>»<>2Q1 ........................... ::-:::.:..:.::......... gS> UNITS/LO'I S CK#>'UNIT/LOT (i)Recharge Fee Recharge Service Area Qt >�s«<<3�< UNITSLOTS �.�k"UNTT/LOT ......... ::::...... (j) L494 Bond Debt Service Fee 1994 Bond Debt Service Area: A SMIEW UNIT :<':UNIT Q(1 Total Water Connection Charges33 ` (15)UGM MAJOR STREET CHARGE (Zone Deferred by Covenant ::>::::1` (O=no 1—yes) IAC Less Major Street Credit UGM Major Street Charge due for EIBP Lots ?r%< v Net UGM or Street Deferred EIBP Lots Major Charge (Less ) _ Total UGM Major Street Charge Due with Agreement ........... r<> ,...:;.,maid with Credit (16)UGM MAJOR STREET BRIDGE CHARGE .............» 0 (Zone C1D =>< >' << ) ............ Deferred by Coven=& «<(0=tn 1=yea) Less Major Street Bridge Credit ( ] Major Street Bridge Charge due for EIBP Lots +tmv 59f Net UGM Major Street Bridge Charge Defected(Leas EIBP Lot rl, Total UGM M 'or Street BridgeDue with Charge ........... _.:. : . pages ECffiBIT B- r •.Tact mi 4776/UGM506 06-Joa-W (26)LANDSCAPE MAINTENANCE DISTRICT FEE A. Anticipated Maintenance/��rhater Areas) Sq.FL ?.}:.ii;•;.:4+:.:�w:{Jy�ni(•:C-- :.+.h'.}.l:v:y .;.:.��wejl:M^ iYeC•`:f:. B. Incide W Expenses(Legal fees :Pablicadons,MsBin>T ,.EagiaeerinpJ >:Lots (27)PRIVATE IRRIGATION LINE MAD ENANCE FEE LIT �/LF ..... ..... TOTAL FEES AND CHARGES DUE WITH AGREEMENT r 54'F3 page 10 ( EX aBTP B- K r Tnct INo.4776fUGM505 06-Jum,.97 • t (4)WATER CHARGES (a) Service Connection Charges Deferred by Covenant 9 1' METERS3?A Q Ea. 525=28EkA 2' 1-1/2 METERSt� 474 tll#: Ea. S9 ( < Q 2' METERS <':; .... Ea. . 2-1/2-METERS® .. St} Ea. tT 1 SERVICES :::.::4> 1-1/2 SERVICESox Total Service Connection Charges Deferred by Covenant (b)Frontage Charge Deferred by Covenant 6.00> LF ::>::::>:::::<: tyfk /LF >: Frontage Charge due for EIBP Lots $tE { Net Frontage Charge Deferred(Less EMP Lots) Total Service Connection Charges deferred by Covenant Qf ` (c)Transmission Grid Main Charge (UGM Reimbursement Area No. Deferred by Covenant �tta� AC 0 !A C Less TGM Credits Less TGM Charge due for EIBP Lots Net TGM Charge Deferred(Less EIBP Lots) » QQt ' Total TGM Charge Deferred by Covenant ...............E ' Paid w/AD g131 Credits (5)UGM MAJOR STREET CHARGE SQ f1(t ( eJDi= ) Deferred by Covenant ii:•k4:i:v.:i:;?i — vi•::-:is C A 542> A C Less Major Street Credit UGM Major Street Charge due for EIBP Lots -- Net Major Street Charge This Zone Total UGM Major Street Deferred by Covenant S ! Paid w!Credits (6)UGM MAJOR STREET BRIDGE CHARGE << 1 $ = .................................. ................................. .................................. (Zone Deferred by Covenant 25.3642; AC ;:/AC >51.5t31t Leas Major Street Bridge Credit [ { _ J Less Major Street Bridge Charge due for EIBP Lots >:.. Net Major Street Bridge Charge9 Total UGM Major Street Bridge Charge Defamed by Covenant $+ page 12 EXHIBIT-B' 1 - ACKNOWLEDGEMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT Me 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. 4776, is subject to an annual assessment currently estimated at $ 44.52. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4776, Phase II of Vesting Tentative Track No. 4421/UGM 505. 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 LSG�Uli EM M O D 07 as C as 4 N776mdoc (Jum 9, 1997)