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T-4857 - Agreement/Covenant - 8/14/2006
SUBDWIsioN AGPEEMIENT City of IrFlk rd 44 11.04, PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209)08-1602 Tract No. 4857 PHASE II OF VESTING TENTATIVE TRACT NO. 4741 P.W. File No. 10059 UGM No. 574 THIS AGREEMENT is made this 22!d day of t5eo�► .b4, , 19 98 , by and between the CITY of FRESNO, a Municipal Corporation, hereinafter designated and called the "City," and Centex Homes, a Nevada General Partnership, 1840 South Central Avenue, Visalia, California, 93277, hereinafter designated and called the "Owner" or "Subdivider," without regard for number or Gender. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 2 RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Owner and located within the corporate limits of the City, and known and described as Tract No. 4857, Phase II of Vesting Tentative Map No. 4741 /UGM 574, a copy of which map is attached here to and made a part of this Agreement, and said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of said map, the dedication of such streets, highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to construct the improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 3 AGREEMENT In consideration of the acceptance.of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: _. 1. The Subdivider shall: a. Perform the work and improvements hereinafter specified on or before September 31, 1999, except as noted in (b), (c) and (d) listed below: b. Sidewalk and driveway approach construction shall be completed on or before September 31, 2001, (the Subdivider may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). c. Lot corner monumentation which shall be completed to the satisfaction of the Director of Public Works as provided by the Fresno Municipal Code, on or before September 31, 2000, (the Subdivider may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. Lot trees shall be planted by September 31, 2000, or upon occupancy of each individual dwelling, whichever occurs first, to the satisfaction of the Director of the City Parks, Recreation and Community Service Department as provided by the Fresno Municipal Code. e. Issuance of building permits for any structure within the subdivision shall conform to the requirements of the Uniform Fire Code (UFC). The Subdivider's attention is particularly called to UFC Sections 901.3, 901.4.2, 901.4.3, 903.1, 903.2, 903.3, 904.4.1.2 and 903.4.2, as shown in Exhibit "A" attached hereto and hereby made a part of this Agreement. No occupancy permit shall be issued until an approved "all weather" street frontage and access is constructed with approved streetlighting on line and operational. The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 4 f. No certificates of occupancy will be issued nor any human occupancy allowed for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. g. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works priorto the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements (including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards",adopted September 11, 1984,by Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. Construct all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaries shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 5 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. 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 proxided 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 13-120.3315 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 Construction Agreement For Sewer, Water and Storm Drain Improvements For Tract No. 4857, recorded June 18, 1998 as Document No. 98085328) and on Exhibit "B", page 6 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 required 20-foot landscape easement along the rear and side property lines of lots which back-onto and side-onto the North Sommerville Drive frontage of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 6 district. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed acknowledgements(see Exhibit "C")from each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the assessment. The signed acknowledgements shall be sent to Chief of Design Services c/o Public Works Department, Engineering Service Division,2600 Fresno Street, Fresno, California,93721-3623. j. Pay the street tree fee for lot trees in accordance with the master fee resolution. In lieu of paying street tree fees for the required individual lot tree planting, the Subdivider has accepted responsibility for street tree planting and has posted Performance Security to secure planting and maintenance until acceptance of the street trees by the City Parks, Recreation and Community Service Department. The Subdivider has entered into a "Developer Tree Planting Agreement" with the City and shall obtain a street work permit for all landscape installation shown on the plans as part of the "Developer Tree Planting Agreement," the tree planting plan shall include the types, location, and number of trees and show all landscaping proposed for planting on Public and/or City controlled property. The Subdivider agrees that the City shall not be obligated to accept any tree which is not included in the approved landscaping plan. 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-7517 through 10-C-7522 with Water Job No. 4591 (6 sheets), inclusive; 15-C-9878 through 15-C-9883 (6 sheets), inclusive and 4-c-499 (1 sheet), inclusive]; b. Fresno Metropolitan Flood Control District Drawing No. RA-1-1 (1 sheet ), inclusive; c. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans. 5. The Subdivider has deposited with the City the sum of Seventy-Six Thousand Twenty- Eight and 30/100 Dollars ($ 76,028.30) for the total fees and charges obligations as a condition of final map approval, due at the time of execution of this agreement. The total fees and charges due at the time of agreement are more particularly itemized in Exhibit "B" attached hereto and hereby made part of this Agreement. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 7 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 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 Three Hundred Fourteen Thousand and 00/100 Dollars($314,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Fifteen Thousand Seven Hundred and 00/100 Dollars ($ 15,700.00), shall be cash or a Certificate of Deposit; the remaining 95%, Two Hundred Ninety-Eight Thousand Three Hundred and 00/100 Dollars ($ 298,300.00) 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 One Hundred Fifty-Seven Thousand and 00/100 Dollars ($ 157,000.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 8 c. Performance security in the sum of Four Thousand Nine Hundred Ninety-Eight and 00/100 Dollars ($4,998.00), 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. d. Any and all other improvement security as required by Fresno Municipal Code,Section 12-1016. 9. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Six Thousand One Hundred Forty and 00/100 Dollars($6,140.00), for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 10. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such .land be privately or publicly owned. 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 Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 9 performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement,and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any-and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 12. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 13. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 14. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 10 other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 15. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 16. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 17. Whenever the Subdivider varies the period during which work is carried on each day, he shall 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 Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 11 obligations to fulfill the Agreement as prescribed. Defective work shall be made good,and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 18. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 19. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within twenty-four (24) hours after such personal service of such notice or within 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, Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 12 without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or oiling. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 20. Concrete curbs and gutters,the sanitary sewer system and house connections,together with water mains, gas mains, and their respective service connections, shall be completed in the streets and alleys before starting the street and alley surfacing. 21. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. Subdivision Agreement Tract No.4857, Phase II of Vesting Tentative Map Tract No. 4741 Page 13 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. CdY OF FRESNO, SUBDIVIDER a Municipal Corporation CENTEX HOMES a Nevada General Partnership RAYMOND G. SALAZAR, DIRECTOR PUBLIC WORKS DEPARTMENT By: Centex Real Estates Corporation a Nevada Corporation Managing General Partner By: /f, A ATTEST: By: ck gd Division President REBECCA E. KLISCH CITY CLERK By: —AA at—Ad epU6 0 APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorne B . Y Deputy Revis0: 0-14-1998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On I ,eefore me, Z2,ALN/V-7t, , Date �� Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared �/ep_ Z�dnu Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personf&) whose name(&) isktre subscribed to the within instrument and acknowledged to me that he/ehefthey executed the same in hislheHheh authorized V.C.PATiON capacity(ies), and that by hislt}eF l Mir Commission# 1162255 signatures on the instrument the person(&), or Notary Public-California the entity upon behalf of which the person(* Tulare County acted, executed the instrument. 9MVC0MM.EXPire5NOv21,2001 WITNESS my hand and official seal. k1Z.A& Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DocWent . Title or Type of Document: Lb r11S/rL. P.EIE7tT Document Dater I�, /9 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claifned by Signer Signer's Name: le-k— xanc d yj :.- ❑ Individual p ( )�(LS�� d��- Top of thumb here H _Corporate Officer—Titles ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: >lt-�C C 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Cell Toll-Free 1-800-676-6627 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , 19_, in the office of the Fresno County Recorder in Book—, Page Document No. of which the Deed of Trust in by and between as Trustor, , as Trustee, and , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. _ DATED: , 19_ (Attach Notary Acknowledgement) 1994 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901-GENERAL 901.1 Scope. Fire department access and water supply shall be in accordance with Article 9. For firesafety during construction, alteration or demolition of a building, see Article 8.7. 901.2 Permits and Plans. 901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 105, Permit f.1. EXCEPTION:A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. 901.2.2 Plans. 901.2.2.1 Fre apparatus access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 901.2.2.2 Fre hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 9013 Timing of Installation. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. EXCEPTION: When alternate methods of protection, as approved by the chief, are provided, the requirements of Section 901.3 may be modified or waived. 901.4 Required Marking of Fire Apparatus Access Roads,Addresses and Fre Protection Equipment. 901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall be in accordance with Section 901.4. 901.4.2 Fre apparatus access roads. When required by the chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. 901.4.3 Fre protection equipment and Pre hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking PAGE 1 EXHIBIT "A" 1994 UNIFORM FIRE CODE and other obstructions. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. See also Section 1001.7. 901.4.4 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 901.4.5 Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. 901.5 Obstruction and Control of Fire Apparatus Access Roads and Fre Protection Equipment. See Sections 902.2.4 and 1001.7. 901.6 Fre Protection in Recreational Vehicle,Mobile Home and Manufactured Housing Parks,Sales Lots and Storage Lots.Recreational vehicle,mobile home and manufactured housing parks,sales lots and storage lots shall provide and maintain fire hydrants and access roads in accordance with Sections 902 and 903. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by the chief. SECTION 902-FIRE DEPARTMENT ACCESS 902.1 General.Fire department access roads shall be provided and maintained in accordance with Sections 901 and 902. 902.2 Fre Apparatus Access Roads. 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet (45 720 mm)from fire apparatus access as measured by an approved route around the exterior of the building or facility. See also Section 902.3 for personnel access to buildings. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of Sections 902.2.1 and 902.2.2 may be modified by the chief. 2. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the chief is authorized to require PAGE 2 EXHIBIT "A" 1994 UNIFORM FIRE CODE additional fire protection as specified in Section 1001.9. 3. When there are not more than two Group R. Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by7the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 8102.5.1. For required access during construction,alteration or demolition of a building,see Section 8704.2. 902.2.2 Specifications. 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) EXCEPTION: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved by the chief. Vertical clearances or widths shall be increased when, in the opinion of the chief vertical clearances or widths are not adequate to provide fire apparatus access. 902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as,to provide all-weather driving capabilities. 902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved by the chief. 902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with approved provisions for the turning around of fire apparatus. 902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall be constructed and maintained in accordance with nationally recognized standards.See Article 90,Standard a.1.1.The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the chief. 902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. PAGE 3 EXHIBIT "A" 1994 UNIFORM FIRE CODE 902.2.3 Marking. See Section 901.4. 902.2.4 Obstruction and control of fire apparatus access. 902.2.4.1 General. The required width of a fire apparatus access road shall not be obstructed in any manner,including parking of vehicles.Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. 902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other accessways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon or used unless authorized by the owner and the chief. EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXCEPTION:When authorized by the chief or performed by public officers acting within their scope of duty. 902.3 Access to Building Openings. 902.3.1 Required access. Exterior doors and openings required by this code or the Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings required by this code or the Building Code shall be provided when required by the chief. 902.3.2 Maintenance of exterior doors and openings. Exterior doors or their function shall not be eliminated without prior approval by the chief. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch (19.1 mm) wide and at least 6 inches (152.4 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. See Section 1207 for exit doors. For access doors for high-piled combustible storage, see Section 8102.5.2. PAGE 4 EXHIBIT "A" 1994 UNIFORM FIRE CODE 902.3.3 Shaftway marking.Exterior windows in buildings used for manufacturing or for storage purposes which open directly on shaftways or other vertical means of communication between two or more floors shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches (152.4 mm)high on a white background. Warning signs shall be easily discernible from the outside of the building.Door and window openings on such shaftways from the interior of the building shall be similarly marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the shaftway from the interior of the building,unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance. 902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or fire fighting purposes, the chief is authorized to require a key box to be installed in an accessible location. The key box shall be of a type approved by the chief and shall contain keys to gain necessary access as required by the chief. SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS 903.1 General. Water supplies and fire hydrants shall be in accordance with Sections 901 and 903. 903.2 Required Water Supply for Fre Protection. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.When any portion of the facility or building protected is in excess of 150 feet (45 720 mm)from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the chief. See Section 903.4. 903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, the chief may be guided by Appendix III-A. 903.4 Fre Hydrant Systems. 903.4.1 General. 903.4.1.1 Applicability.Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4. 903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs,alterations and servicing shall be in accordance with approved standards. 903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7. 903.4.2 Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of PAGE 5 EXHIBIT "A" 1994 UNIFORM FIRE CODE the premises or both to be protected as required and approved by the chief. See Appendix III-B. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902.2. 903.4.3 Protection, marking and obstruction or hydrants. When exposed to vehicular damage, fire hydrants shall be suitably protected. For marking, see Section 901.4.3. For obstruction, see Section 1001.7. 903.4.4 Maintenance and use or hydrants. See Sections 1001.5 and 1001.6.2. PAGE 6 EXHIBIT "A" Tract No.4857/UGMS74 14-Sep-98 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498-4451 BUILDING AND SAFETY SERVICES DIVISION/LAND DIVISION AND ENGINEERING SECTION 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. >485T<>« <>< PREPARED BY: 15: ©CHA. ....:... ......:'.. :::.... UGM No. :574 CHECKED BY: 'ALMKA., .A}AMf..:..: .:. :...::...,:. P.W. FILE No. TRACT NAME: PHASt".EI MTENT.TR.4741;:.. GROSS ACREAGE 9.69.7 R:ilUGM .:::..: NETACREAGE 8 943;x: SUBDIVIDER(AS PER MAP) NUMBER OF LOTS _ 7> CEN'CE Hb:MES aNevadaanral.partnershi .......... . ADDRESS: 840 South Centralvanu4 Esaira,E�alilamia 9327 2093 211'7 Ai�N..:56$..02Q-47`s.. 1 SUBDIVISION CALCULATION SHEET(includes Early Construction Agreement Calculations) (Bonding Amounts) 1a.Water Construction Engineer's Estimate Adjustments Adjusted Cost Estimate "` $ 888:Off: 1 b.Water Well Construction Engineer's Estimate Water Well Head Treatment i �(fQQ Adjusted Cost EstimateO QQ' 1c.Water Construction (Part of Early Agreement) Engineer's Estimate Adjustments Adjusted Cost Estim $4i1 98Oa}, page 1 EXHIBIT "B" Tract No.48671UGM674 14-Sep-98 2a. Sewer Construction Engineer's Estimate Adjustments 7.*-.* Adjusted Cost Estimate $53�, ,b 6. 2b.Sewer Construction (Part of Early Agreement) Engineer's Estimatei 4.!'�8.�140 0.... Adjustments $1.2 0:58 007 Adjusted Cost Estimate 3. Storm Sewer Construction (Part of Early Agreement) Engineer's Estimate Adjustments Adjusted Cost Estimate S'19 860 00 4. Street Construction (Part of Early Agreement) Engineer's Estimate Adjustments Adjusted Cost Estimate 4a. Street Construction Engineer's Estimate Adjustments Engineer's Estimate(UGM) Adjustments(UGM) $0 OOi Storm Drain Construction Adjustments page 2 EXHIBIT "B" Tratt No.4857/UGM574 14-Sep-98 Street Construction Continued Landscape, Fence and Irrigation Construction Perimeter Mason ry Wall or Solid Fence Construction 77... ................. 7, C F . . a30 0 LandscapeArripation Construction Ea Median Island Landscaping ... ................ ... .............. Ea F777716555.71 F , F Adjusted Cost Estimate E-1 Type Electroliers @ Ea E-2 Type Electroliers @ Ea $27 500 00 Safety Lighting @ Ea Total Adjusted Street Estimate .2 Total Construction Cost for Inspection Fee Calculations 11: SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) 17.. ECA Total for Sewer Water and Storm Drain(For Inspection Fee Calculations) ECA Total for Streets(For Inspection Fee Calculations) INSPECTION FEE CALCULATIONS Total for Inspection Fee Calculations $280;283 25 7%of First$10,000.00($300.00 min) 4%of next$490,000.00 $10,4-1-_1.,-33.i. 2.5%of cost over$500,000.00 Total Inspection Fees Inspection Fees paid with the E.C.A. Total Inspection Fees Due with this Agreement .:W::i 1`1 page 3 EXHIBIT "B" Tract No.4857/UGM574 14-,Sep-98 Sub-Total For Construction Cost Bonding Lot and Block Comers, Ea Sub-Total For Construction Cost Bonding Construction Contingency Total Estimated Construction Cost IF-7--i-733i 1RUMArLMINSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with this Agreement Total Estimated Construction Cost SECURWY CAMULATIONS Performance Security 100%I of the Total Estimated Construction Cost 5%Security Deposit(Cash or C.D.) Performance-95% Payment Security Labor&Materials-50% Warranty Security: 5%of First$50,000.00 V"',60.0�-o ill, 3%of Next$50,000.00 1% of Next$400,000.00 $2;1;40.,07 1/2%of Costs Over$500,000.00 Total Amount to be Retained for Warranty ...... page 4 EXHIBIT "B" Tract No.4857/UGM574 14-Sep-98 II SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of Seven 3ut'1 housand Tvven Elht and30/100Dollars ($ $76 028 30 ; )for the following: (1) INSPECTION FEES 33>: (2) MONUMENT CHECK FEE J =LOTS @ /LOT(Min$200.00) (3) INTERSECTION SIGNING CcD $1: 3 00 ea (4) TRAFFIC REGULATORYMARNING SIGNING ea (5) NO PARKING AND BIKE LANE SIGNING MI @ $7:7 00 ea $0 04< (6) STREET TREES: A. City/Private, ) planted lot trees to be maintained by the lot owners. Trees @ $102:00: /Tree $OsO;' B.Street Tree Inspection Fee: (a) Privately planted Lot Street Tree to be maintained by the lot Owner. +a9' Trees @ $ ,372,00.: (b) Privately planted Buffer Street Trees to be maintained by the City's Community Facilities Maintenance District No.2 1 (0=no 1=yes) $293:D0<i (7) FMFCD DRAINAGE FEE Zone District R 1IUGM 0 0000:Ac $0,00;:: /Ac $000; (8) POND MAINTENANCE FEE SF @ F777777/SF So, (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE LF (10)SEWER TRENCH WATER COMPACTION CHARGE _ 77, Cy @ - /CY (11)UGM FIRE STATION FEE Service Area No. 2 i Zone District No. R..1/UCM Deferred by Covenant ! 7 (0=no1=yes 9:597.6' Acres Q 1:-*'.-'..$T,388'00':::. /Ac $1.3;321 47 Total UGM Fire Station Fee Due with Agreement (12) UGM NEIGHBORHOOD PARK FEE Service Area No. ? ,: Zone District No. R- ttJGM:. >::.;:.»» Deferred by Covenant / (O=no 1=yes 9.5976: Acres @ $1 6.9a 00: /Ac $t6 219.94 Total UGM Neighborhood Park Fee Due with Agreement page 5 EXHIBIT"B" Tract No.4857/1.10M574 14-Sep-98 (13)SANITARY SEWER CONNECTION CHARGES $4`4585EJ0<_ (a)Lateral Charge Deferred by Covenant (O=no lyes) North Sommerville-Drive 518 04 LF @ ;:...55 00> /LF $2 5:90 20i Total Lateral Charge Due with Agreement (b)Oversize Charge UGM Reimbursement Area No. 43' Deferred by Covenant 1 (O=no 1=yes 9:3976; Ac @ 4240.00. /Ac $2;3:03 d2 Less Oversize Credits [ $0:,00. ] Less Overdepth Credits [ $0 00< J Net Oversize Charge $2;303.,42;:: Total Oversize Charge Due with Agreement (c)Trunk Sewer Charge Trunk Sewer Service Area jHbrndon:.; 37: UNITS $70:9 00, /UNIT 77$26:233 OQ (d) Herndon Sewer Capacity Enhancement Charge 37! UNITS- @ $496 00# /UNIT $18;352 00 All 37 Units are in the Urban Reserve Area (e)Wastewater Facilities Charge Fee obligation to be paid at the then current rate in effect at the time of issuance of building permit. The current fee rate adopted by the Fresno City Council on 07/28/1998 is$2,119.00/unit. Total Sewer Connection Charges (14)WATER CONNECTION CHARGES >' $!C:G g4s6fi (a)Time& Material Charges("Wet-Tie") $4 400 00' Water&Materials Estimate No. 16385: Water Job No. 45.91 (b.1)Service Connection Charges Deferred by Covenant (0=no 1 r7771 =ryes .... 37 1"METERS @ $320 00;: Ea. $11 840 q0 __.. _ 1-1/2"METERS@ Ea. $0 00;. 2"METERS Ea. $0,.00.,." 2-1/2"METERS . ..:.. Ea. 1"SERVICES @ Ea. $0 DO;i 1-1/2"SERVICES@F77771 Ea. Total Service Connection Charges Due with Agreement (b.2)Service Connection Charges Continued Landscape Service Connections(Not Deferrable by Covenant) 1"METERS Ea. $0 00 1-1/2"METERS@ F7777 Ea. .......... page 6 EXHIBIT "B" Tract No.48571UGM574 14-Sep-98 (c) Frontage Charge Deferred by Covenant (O=no 1=yes) North Sommerville Drive LF @ S:3?5: /LF Total Service Connection Charges Due with Agreement 00 (d) Fire Hydrant Charge Zone District SF @ SF (e)Transmission Grid Main Charge UGM Reimbursement Area No. Deferred by Covenant 1=ye 9 5976 AC @ .,..4560'.00:: /AC 5 374 66 ........... I AC @ /AC .......... Less TGM Credits Net TGM Charge Deferred Total TGM Charge Due with Agreement (f)Transmission Grid Main Bond Debt Service Charge Deferred by Covenant MMO=no 1=ye ...................... ............ AC @ S 01 ........... Less TGM Bond Debt Credits Net TGM Bond Debt Service Charge Deferred ;;::;40;0.0::::: Total TGM Bond Debt Service Charge Due with Agreement Fee not applicable for two years after map recordation,then due at building permit or all undeveloped lots (g)Water Construction Charge 37 LOTS /LOT UNIT DEFINITION for Well Head echarge Fees, 1994 Bond Dept, &Water Supply Units by: Mid aJriits (h)UGM Water Supply Charge Supply Well No. 37 UNITS/LOTS @ /UNIT Less Well Credits Net Well Charge A (i)Well Head Treatment Fee Well Head Treatment Service Area UNITS-* @ UNIT/LOT 0) Recharge Fee Recharge Service Area 37 UNITS-* @ �O flO: UNIT/LOT (k)1994 Bond Debt Service Fee 1994 Bond Debt Service Area: Deferred by Covenant 1=ye UNITS UNIT Total Bond Debt Service Fee Due With Agreement Living Units in the"Urban Reserve Area" Total Water Connection Charges page 7 EXHIBIT "B" Tract No.4857/UGM574 14-Sep-98 ( 15)UGM MAJOR STREET CHARGE Zone Deferred by Covenant 1 ( =no 1=yes 8 9.435 AC cQ $2 500 00: /AC $22 358 75 '. Less Major Street Credit Net Major Street Charge This Zone Total UGM Major Street Charge Due with Agreement Paid with Credits (16) UGM MAJOR STREET BRIDGE CHARGE Zone Deferred by Coven 1 ( =no 1=yes 8.9435: AC $50.00/AC $44718< Less Major Street Bridge Credit [ Net Major Street Bridge Charge $44T i8 - Total UGM Major Street Bridge Charge Due with Agreem nt (17)UGM TRAFFIC SIGNAL CHARGE .....;:.:: Deferred by Covenant 1 ( =no 1 yes 8 9435' AC @ $8..60.00,: /AC $7&91.x1;., Less Signal Credit [ Net Traffic Signal Charge ._:::::.$3 691:,41: Total UGM Traffic Signal Charge Due with Agreement (18) UGM GRADE SEPARATION CHARGE -N/A Deferred by Covenant 1 =no 1= es '0 -N/A Service Area Zone: $9435 AC @ /AC Total UGM Grade Separation Charge Due with Agreement (19) UGM AT-GRADE RAILROAD CROSSING FEE-N/A -N/A ..,...:::, Deferred by Covenant1 ( =no 1=yes) Service Area: 8.9435' AC /AC Service Area: AC Less At-Grade Railroad Crossing Credit [ ] Total UGM At-Grade RR-Xing Fee $0.01?;; Total UGM At-Grade RR-Xing Fee Due with Agreement (20) UGM TRUNK SEWER FEE-N/A $0:00' -N/A Service Area .... .. .:.:: Zone District R 1/UGM ........................... Deferred by Covenant l ( =no 1=yes 5976.' AC cQ /AC $0 00 AC /AC LOTS cQ /LOT $0 00<! Total UGM Trunk Sewer Fee Due with Agreement page 8 EXHIBIT "B" Tract No.4857./UGM574 14-Sep-98 (21)OVERLAY SEWER SERVICE AREA ;> >:.» ;:.:$0.00:;: -N/A Deferred by Covenant (0 no 1=yes 9 5976 AC /AC .:......... .;. Total Overlay Sewer Fee Due with Agreement $0 00 (22) UGM MAJOR STREET RIGHT-OF-WAY ACQUISITION CHARGE (23) UGM LOCAL STREET ACQUISITION/CONSTRUCTION CHARGE ; _ _...:`:::< N/A (24) UGM MAJOR STREET BRIDGE RIGHT-OF-WAY ACQUISITION CHARGE ' �':'' �N/A (25) UGM RIGHT-OF-WAY REIMBURSEMENT CHARGE -N/A (26) LANDSCAPE MAINTENANCE DISTRICT FEE $3 841 31» A Anticipated Maintenance Cost(Planter Areas) - 37 Lots 7..4,63> /Lots $ 7613 V. B Incidental Expenses(Legal fees Publications, Mailin s Engineering) 37 Lots /Lot (Min.$1,080.00) (27) PRIVATE IRRIGATION LINE MAINTENANCE FEE LF @ .. $0:00.:: /LF TOTAL FEES AND CHARGES DUE WITH AGREEMENT page 9 EXHIBIT"B" Tract No.4857/UGM574 14-Sep-98 III FEE DEFERRALS (1) UGM FIRE STATION FEE $1:3.321,::47;1: Service Area No. 21.. Zone District No. 1NGM............... ........_._ Deferred by Covenant 9.x976: Acres $1388 00; /Ac $13;`321 47 Total UGM Fire Station Fees Deferred by Covenant :321- (2) UGM NEIGHBORHOOD PARK FEE i i_,:::$'16.,219 94€ Service Area No. Zone District No. Deferred by Covenant :.9 5976; Acres $t 6.9A b0 /Ac $15;219 94 Total UGM Neighborhood Park Fee Deferred by Covenant _ (3)SANITARY SEWER FEES $d 893 62; (a)Lateral Charge Deferred by Covenant North Sommerville Drive LF @ /LF .. .$Z 590.20:: Total Lateral Charge Deferred by Covenant (b)Oversize Charge UGM Reimbursement Area No. Deferred by Covenant 9 597:6: Ac @ $240 00 /Ac $2 303 42 Less Oversize Credits [ $0 D0 ) Less Overdepth Credits [ . $QMO. ) .. ............... Net Oversize Charge 2:'303:42;" ::> Total Oversize Charge Deferred by Covenant (4)WATER CHARGES 18,59829`< (a)Service Connection Charges Deferred by Covenant 37.. 1"METERS $320 00: Ea. $11!'84Q Od< 4 1-1/2"METERS „$Q OQ: Ea. 0 2"METERS %7 Ea. 0 2-1/2"METERS $O.OQ:: Ea. $0 DO 0' 1"SERVICES :::40--'.0Q..: Ea. :0 1-1/2"SERVICES $0 00;> Ea. $Q,DO Total Service Connection Charges Deferred by Covenant (b) Frontage Charge Deferred by Covenant North Sommerville Drive 518 04: LF $3 25< /LF $1 683 63> Total Service Connection Charges deferred by Covenant page 10 EXHIBIT "B" Trilct No.4857/UGM574 14-Sep-98 (c)Transmission Grid Main Charge UGM Reimbursement Area No. Ai i! 71:7-71 Deferred by Covenant AC ow.00.- Less TGM Credits Net TGM Charge Total TGM Charge Deferred by Covenant (d)Transmission Grid Main Bond Debt Service Charge Deferred by Covenant 9.5976 0:: AC /AC; Less TGM Bond Debt Service Charge Credits Net TGM Bond Debt Service Charge Total TGM Bond Debt Service Charge Deferred by Covenant ...ao .0 I . -**Fee not applicable for two years after map recordation,then due latu Iding permit for all undeveloped lots. (e) 1994 Bond Debt Service Fee Service Area No. Deferred by Covenant 37 Units @ /Unit $33 t15 00 Total 1994 Bond Debt Service Fee Deferred by Covenant (5) UGM MAJOR STREET CHARGE Zone Deferred by Covenant 8 9435: AC @ /AC Less Major Street Credit Net Major Street Charge This Zone ........... I Total UGM Major Street Deferred by Covenant Paid With Credits (6)UGM MAJOR STREET BRIDGE CHARGE Zone Deferred by Covenant AC @ /AC; $44. Less Major Street Bridge Credit ..... .... 3 Net Major Street Bridge Charge 8- .......... Total UGM Major Street Bridge Charge Deferred by Covenant . ........ (7)UGM TRAFFIC SIGNAL CHARGE Deferred by Covenant 8 9135; AC @ /AC; ....:..*.....47: .1 41.:::::: Less Signal Credit Net Traffic Signal Charge Total UGM Traffic Signal Charge Deferred by Covenant (8) UGM GRADE SEPARATION CHARGE-N/A Deferred by Covenant -N/A Service Area Zone: $0. 0 '94WIAC; @ $0 00 IAC Total UGM Grade Separation Charge Deferred by Covenant page 11 EXHIBIT "B" Tract No.4857/UGM574 14-Sep-98 (9) UGM AT-GRADE RAILROAD CROSSING FEE-NIA - ::SOOQ' N/A Deferred by Covenant Service Area: ::8.9435 AC at /AC $0 00: Service Area. 770.0.000 AC @ $0.00`' /AC $0 00 Less At-Grade Railroad Crossing Credit [ Total UGM At-Grade RR-Xing Fee $0 D0."si Total UGM At-Grade RR-Xing Fee Deferred by Covenant (10)UGM TRUNK SEWER FEE-NIA N/A Service Area . .... Zone District 1910UPIA, Deferred by Covenant 9.60; AC @ /AC $0 00[ AC @ IAC $0.0G- LOTS 0 00LOTS @ :.. ....... /LOT $0 00: Total UGM Trunk Sewer Fee Deferred by Covenant (11)OVERLAY SEWER SERVICE AREA-N/A .:::::$0OQ: N/A Deferred by Covenant 9 60 AC @ ':...:..$0:0.5,. /AC $0 00 Total Overlay Sewer Fee Deferred by Covenant TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT page 12 EXHIBIT "B" ACKNOWLEDGEMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE SPECIAL TAX I/We the undersigned have been advised by the Subdividers Representative that the lot(s)I/we have purchased is/are situated within the City of Fresno Community Facilities District No. 2 and that such district was formed by the City Council to fund the installation and maintenance of landscaping. I/We hereby acknowledge and understand that the property I/we have purchased, lot(s) of Tract No. 4857/ UGM No.574, is subject to an annual special tax currently estimated at$ 135.00 and that this amount represents my/our fair share of the costs for the installation and yearly maintenance of landscaping maintained by the City. I/We understand that the current estimated special tax is only an estimate for the current year and that the amount of the special tax may increase in future years without notice. I/We also understand that even though an additional amount may be levied to landscape and maintain median islands, it is not presently included in the annual special tax levy. Purchaser Date Co-Purchaser Date Subdivider's Representative Date fEMH,- 0 0 C "C', ft4857.doc(July 27, 1998)