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HomeMy WebLinkAboutT-4858 - Agreement/Covenant - 8/14/2006 SUBDIVISION AGREEMENT City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4858 PHASE III OF VESTING TENTATIVE TRACT NO. 4741 P.W. File No. 10066 UGM No. 574 THIS AGREEMENT is made this 2g day of a.,4-4m h 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. c Subdivision Agreement Tract No.4858, Phase III 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 October 31, 1999, except as noted in (b), (c) and (d) listed below: b. Sidewalk and driveway approach construction shall be completed on or before October 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 October 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 October 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.4858, Phase III 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 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 13-120.3315 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. 4858, dated September 3, 1998 ) 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 10-foot landscape easement along the rear and side property lines of all lots which back-onto and side-onto the East Perrin Avenue frontage of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing district. Additionally, the Subdivider is required to provide the City of Fresno with copies of Subdivision Agreement Tract No.4858, Phase III 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 shatl 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 Forty-One Thousand and 00/100 Dollars($341,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Seventeen Thousand Fifty and 00/100 Dollars ($ 17,050.00), shall be cash or a Certificate of Deposit; the remaining 95%, Three Hundred Twenty-Three Thousand Nine Hundred Fifty and 00/100 Dollars ($ 323,950.00) 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 Seventy Thousand Five Hundred and 00/100 Dollars ($ 170,500.00), 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 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.4858, Phase III 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-add 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.4858, Phase III 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 instal latiorr-shal I 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.4858, Phase III 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. CITY 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: ATTEST: B *goivision President REBECCA E. KLISCH CITY CLERK i By: ICI± Pi eputy APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTU O OY City Attorne By: z 6 0 eputy 1994 UNIFORM FIRE CODE PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901-GENERAL 901.1 Scope. Fire department access and water supply shall be in accordance with Article 9. For firesafety during construction, alteration or demolition of a building, see Article 87. 901.2 Permits and Plans. 901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to public highways, alleys or private ways open to or generally used by the public. See Section 105, Permit f.1. EXCEPTION:A permit is not required for persons employed and authorized by the water company which supplies the system to use or operate fire hydrants or valves. 901.2.2 Plans. 901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. 901.3 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 Fire 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 Fire 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 Fire protection equipment and fire hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking PAGE 1 EXHIBIT "A" 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 by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 8102.5.1. For required access during construction,alteration or demolition of a building,see Section 8704.2. 902.2.2 Specifications. 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) EXCEPTION: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved by the chief. Vertical clearances or widths shall be increased when, in the opinion of the chief vertical clearances or widths are not adequate to provide fire apparatus access. 902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved by the chief. 902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with approved provisions for the turning around of fire apparatus. 902.2.2.5 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 902.3.3 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 Fire Hydrant Systems. 903.4.1 General. 903.4.1.1 Applicability.Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4. 903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. 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" Tract No.48581UGM574 18-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. ;...........::48..5.8.,,,; ;; PREPARED BY: LOUIS ROCHA ... UGM No. 574 CHECKED BY: ALAN'KAWAKAMI >_ P.W. FILE No. 1OOfifi TRACT NAME: PHA$I".IILpF TENT:TR.:4741 ; GROSS ACREAGE �8 065t ZONING: Rei/UGM NET ACREAGE " 16 999.x' SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 54 -_ CENTI:X HO'.MES:a.Nevada General Pttrllersiil .. ADDRESS: 1840'S�uth:Centr avenue Vasalia,CaUfnrnla 93277 . 209'€733.2T17 . AP,N;568,02047s.;> '. I SUBDIVISION CALCULATION SHEET(Includes Early Construction Agreement Calculations) (Bonding Amounts) 1a.Water Construction Engineer's Estimate $385 00; Adjustments Adjusted Cost Estimate $4'4,58300> 1b.Water Well Construction Engineer's Estimate Water Well Head Treatment :'$0 00`. Adjusted Cost Estimate 1c.Water Construction (Part of Early Agreement) Engineer's Estimate $38;577 00> Adjustments [- $6:;008 00 Adjusted Cost Estim3$ 6 $44,585D0' page 1 EXHIBIT "B" Tract No.4858/UGM574 18-Sep-98 Street Construction Continued Landscape, Fence and Irrigation Construction Perimeter MaE2nnf Wall or Solid Fence Construction Cd3 C^-� Ea $0 00 Landsca a/Im ation Construction Cd3 Ea Median Island Landscaping Ea :' Adjusted Cost Estimate �7$ f9., E-1 Type Electroliers Cd3 0 00': Ea $0 00 E-2 Type Electroliers 1;1 $2' 00; Ea $27 50b 00; Safety Lighting Total Adjusted Street Estimate $205 519:75;;: Total Construction Cost for Inspection Fee Calculations SubTotal for Bonding Calculations(Subtotal for Bonding less ECA Bonding) 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 $302;224 751 7%of First$10,000.00($300.00 min) V $700 OU> 4%of next$490,000.0011'688 99a 2.5%of cost over$500,000.00 Total Inspection Fees Inspection Fees paid with the E.C.A. $4>708.b0. Total Inspection Fees Due with this Agreement page 3 EXHIBIT "B" Tract No.4858/UGM574 18-Sep-98 II SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of Th— Fou een Tfiousar� O' * Hundred'Thi `Sik and;27/100;Dollars ($ $114;136 27 )for the following: (1) INSPECTION FEES (2) MONUMENT CHECK FEE 54` LOTS @ /LOT(Min$200.00) (3) INTERSECTION SIGNING 0 @ ea $1 38.4.OQ (4) TRAFFIC REGULATORYIWARNING SIGNING 0 @ $77 00< ea $385.00< (5) NO PARKING AND BIKE LANE SIGNING Q @ $77 00> ea (6) STREET TREES: A. City/Privately Planted lot trees to be maintained by the lot owners. Trees @ .4102 00 /Tree B. Street Tree Inspection Fee: (a) Privately planted Lot Street Tree to be maintained by the lot Owner. 104; Trees @$ $:2:8 00; /Tree (b) Privately planted Buffer Street Trees to be maintained by the City's Community Facilities Maintenance District No.2 (O=no 1=yes) (7) FMFCD DRAINAGE FEE Zone District < R 1/UGM 0'0000 Ac (8) POND MAINTENANCE FEE SF @ /SF (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE LF /LF $U00 (10)SEWER TRENCH WATER COMPACTION CHARGE ICY (11) UGM FIRE STATION FEE $0.:7 ............ Service Area No. 21 Zone District No. R:1/UGM Deferred by Covenant 1=yes 18.00Sfi Acres @ $1'388 00 ; /Ac $25;075... Total UGM Fire Station Fee Due with Agreement (12) UGM NEIGHBORHOOD PARK FEE Service Area No. 7=: Zone District No. R 1/UGM.......<<......... '. Deferred by Covenant 1 (O=no 1=yes 18:0556: Acres @ $1'690 00: IAc ,$30'530;85`; Total UGM Neighborhood Park Fee Due with Agreement page 6 EXHIBIT "B" Tract No.4858/UGM574 18-Sep-98 (c) Frontage Charge Deferred by Covenant 1*-.*.�:�:�:..�A� (O=no 1=yes) East Perrin Avenue J88 23 LF $325 Total Service Connection Charges Due with Agreement ............... (d) Fire Hydrant Charge .................I Zone District 1/UGM SF @ ........... /100 SF (e)Transmission Grid Main Charge UGM Reimbursement Area No. Deferred by Covenant (O=no 1=ye V: 18:0656 AC /AC 10 116 74 JAC .00 : Less TGM Credits Net TGM Charge Deferred $10;116.7..4. TGM Charge Due with Agreement (f)Transmission Grid Main Bond Debt Service Char e Deferred by Covenant 1i (O=no 1=yes .......... :�30`.00�:i AC @ 3243.00�1 ............ .............. Less TGM Bond Debt Credits Net TGM Bond Debt Service Charge Deferred ...........- Total TGM Bond Debt Service Charge Due with Agreement Fee not applicable for two years after map recordation,then due at t ui ding permit or all undeveloped lots (g)Water Construction Charge LOTS @ /LOT ....... $67.50A UNIT DEFINITION for Well Head, Recharge Fees, 1994 Bond Dept, &Water Supply ................ ... ................. ... Units by: Elvin <Urnts (h) UGM Water Supply Charge Supply Well No. 101si UNITS/LOTS @ /UNIT : J21i,438.00:: Less Well Credits 0. Net Well Charge (i)Well Head Treatment Fee Well Head Treatment Service Area UNITS-' @ UNIT/LOT Recharge Fee Rechar e Service Area 101 UNITS-' @ UNITILOT 0;0 (k) 1994 Bond Debt Service Fee 1994 Bond Debt Service Area: ....... . Deferred by Covenant I »<1 1(0=no 1=ye UNITS @ F $895 00:-i UNIT 446,330. Total Bond Debt Service Fee Due with Agreement Living Units in the "Urban Reserve Area" —M Total Water Connection Charges page 7 EXHIBIT "B" Tract No.4858/UGM574 18-Sep-98 (22) UGM MAJOR STREET RIGHT-OF-WAY ACQUISITION CHARGE -N/A (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 (26)LANDSCAPE MAINTENANCE DISTRICT FEE $4 482:00" A Anticipated Maintenance Cost Planter Areas) F. `54' Lots cLD $63.00 /Lots B Incidental Expenses(Legal fees, Publications, Mailings, Engineering) 54 Lots cLD 6;$18:00 /Lot $1 080:00` (Min.$1,080.00) (27) PRIVATE IRRIGATION LINE MAINTENANCE FEE 0:00: LF 00::: /LF TOTAL FEES AND CHARGES DUE WITH AGREEMENT page 9 EXHIBIT "B" Tract No.4858/UGM574 18-Sep-98 (c)Transmission Grid Main Charge UGM Reimbursement Area No. AQ Deferred by Covenant 1$.0656 AC @ $560 00 /AC $10 1:1614:11 0.0000 AC $0 00' /AC 40.,00:.: Less TGM Credits [ $0 00 ] Net TGM Charge $10'116 74<' Total TGM Charge Deferred by Covenant (d)Transmission Grid Main Bond Debt Service Charge Deferred by Covenant 1:8:0656 AC @ $243 00 /AC $0 Less TGM Bond Debt Service Charge Credits Net TGM Bond Debt Service Charge $0 00.:, Total TGM Bond Debt Service Charge Deferred by Covenant "Fee not applicable for two years after map recordation,then due at building permit for all undeveloped lots. (e) 1994'Bond Debt Service Fee Service Area No. 101..::.............:: Deferred by Covenant 5.4'. Units @ .::$895 00;' /Unit ......... Total 1994 Bond Debt Service Fee Deferred by Covenant (5) UGM MAJOR STREET CHARGE Zone <F Deferred by Covenant 16;9993 AC @ $2`5:00 00= /AC Less Major Street Credit Net Major Street Charge This Zone $0 DO> Total UGM Major Street Deferred by CovenantPaid With Credits (6) UGM MAJOR STREET BRIDGE CHARGE Zone zF Deferred by Covenant 16;9993 AC @ $50 00' /AC $84997» Less Major Street Bridge Credit Net Major Street Bridge Charge $849 97 Total UGM Major Street Bridge Charge Deferred by Covenant (7) UGM TRAFFIC SIGNAL CHARGE $14 0.19:40::. Deferred by Covenant :16:9993: AC @ ;x$860 00i /AC $14,;619 40; Less Signal Credit [ $0:00;: ] Net Traffic Signal Charge $14'6i9.40> Total UGM Traffic Signal Charge Deferred by Covenant (8) UGM GRADE SEPARATION CHARGE-N/A Deferred by Covenant $000`< -N/A Service Area Zone: 16.9.993 AC @ $0 00 /AC $000 Total UGM Grade Separation Charge Deferred by Covenant page 11 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. 4858/ UGM No.574, is subject to an annual special tax currently estimated at $ 85.26 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 I�Mful� o �� oo�oo fl4858.doc(September 18, 1998)