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HomeMy WebLinkAboutT-4879 - Agreement/Covenant - 8/14/2006 ... - ; . !Mir 3? SUBDIVISION AGREEMENT. City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 TRACT NO. 4879 PHASE 11 OF TENTATIVE TRACT NO. 4570 P.W. FILE No. 10109 THIS AGREEMENT is made this ! z2day of , 19__q!�_, by and between the City of Fresno, a Municipal Corporation,hereinafter designated and called the "City," and GRANVILLE HOMES, INC., a California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno, California 93711 hereinafter designated and called the"Subdivider," without regard for number or Gender. Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 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. 4879, Phase II of Tentative Tract No. 4570/UGM 563, 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. F. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 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 Subdivision is subject to the following: a. The work and improvements shall be performed hereinafter specified on or before April 30, 2000, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before April 30,2002, (The developer 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. The Lot corner monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before April 30, 2000, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. The Lot Street trees shall be planted by the City Parks, Recreation and Community Services Department upon occupancy of each lot as provided by code. The Subdivider has paid the required fee for tree planting by the City Parks, Recreation and Community Services Department as shown in Exhibit "B." e. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the 1994 Uniform Fire Code (UFC). The Subdivider's attention is particularly called to UFC Sections 901.3, 901.4.3, 902.1, 903.1, 903.2, 903.3, 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 street lighting 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. 4879 Phase II of Tentative Tract No. 4570/UGM 563 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 prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements(including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written 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 Subdividers engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdividers 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 priorto final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 5 shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Traffic Engineer. 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 Estimate No. E-16421. The amounts identified below as"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. As a condition of final map approval the Subdivider is required to install landscaping and an irrigation system in a 15-foot landscape easement along the rear property lines of all lots which back-onto North Sunnyside 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. 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 acknowledgments (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 Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 6 landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. The signed acknowledgments shall be sent to Chief of Design Services c/o Public Works Department,Engineering Services Division,2600 Fresno Street, Fresno,California 93721- 3623. j. Perform and construct all work shown on the following referenced plans [City Drawing Nos: 10-C-7648 through 10-C-7654 with Water Job No. 4700 (7 sheets) inclusive; 15-C-10004 through 15-C-10012[landscaping plans 15-C-10011 through 15-C- 10012] (9 sheets) inclusive, Drawing No. 4-C-516 (1 sheet) inclusive], unless specifically omitted herein. k. 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. I. The Subdivider has deposited with the City the sum of One Hundred Twenty-four Thousand Eight Hundred Twenty-three and 66/100 Dollars ($124,823.66)for the total subdivision fee and charge obligations as a condition of final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit"B." M. In connection with assigning figures set forth in Exhibit "B," the City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. 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 Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 7 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 underthe inspection of and to the satisfaction of the City Engineer of the City. 5. 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 Six Hundred Sixty-five Thousand and 00/100 Dollars ($665,000.00), which is equal to 100% of the total estimated cost of the work required.Five percent(5%)of said amount,Thirty-three Thousand Two Hundred Fifty and 00/100($33,250.00), shall be cash or a Certificate of Deposit;the remaining 95%, Six Hundred Thirty-one Thousand Seven Hundred Fifty and 00/100 Dollars($631,750.00)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 Three Hundred Thirty-two Thousand Five Hundred and 00/100 Dollars($332,500.00), 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. C. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Eight Thousand Eight Hundred Twenty-Five and 00/100 Dollars ($8,825.00), for guarantee and warranty of the work for a period of one (1) year following Subdivision Agreement Tract No. 4879 Phase 11 of Tentative Tract No. 4570/UGM 563 Page 8 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. 7. 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. 8. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend, and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all 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 Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 9 improvements thereon and therein. 9. 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. 10. 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. 11. Initial soils compaction testing for public utility improvement,work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests 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. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 10 13. 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. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. 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. 16. 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 Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 11 laying of an approved dust palliative 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 orwithin forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. 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. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, Subdivision Agreement Tract No. 4879 Phase II of Tentative Tract No. 4570/UGM 563 Page 12 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. 18. 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. 19. 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 apd year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation GRANVILLE HOMES, INC., a California JOHN A WHITE, DIRECTOR (Zssemi, tion PUBLIC WORKS DEPARTMENT Press nt EST: REBECCA E. KLISCH CITY CLERK ByQOn AAI) ep't A ED AS TO FORM: HILDA CANTU M OY City Attorne (Attach Notary Acknowledgment) By Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On ("�"1 before me, M N��f� �II�C7 Pt,� C t � Dale Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared A-5�6IMi Name(s)of Signer(s) XI personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s) is/are subscribed to the within instrument and ERIN K.GOSSWIllM acknowledged to me that he/she/they executed Comrrfmion#1210"ll the same in his/her/their authorized NotcryPubllc-Clallfamia capacity(ies), and that by his/her/their Frntno County F8b signature(s)natures on the instrument the person(s), or MyCflmm.mea Feb 13;2000 9 ( ) P ( ) the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 1 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 Document AA,, U Title or Type of Document: ci ����N A-6 T Document Date: 311(A 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed b Signer Signer's Name: ��h9" _ ❑ Individual Top of thumb here Corporate Officer—Title(s): 1/ � ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: nn Vr I N ,o Signer Is Representing: - WAKM MA64 IC, 0 1997 National Notary Association"9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1$00$76.6627 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. PAGE 1 EXHIBIT "A" 1994 UNIFORM FIRE CODE 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 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 Fire 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 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. PAGE 2 EXHIBIT "A" 1994 UNIFORM FIRE CODE 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. 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 cant' the imposed loads of fire apparatus. PAGE 3 EXHIBIT "A" 1994 UNIFORM FIRE CODE 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. 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 PAGE 4 EXHIBIT "A" 1994 UNIFORM FIRE CODE 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. 902.3.3 Shaftway marking. Exterior windows in buildings used for manufacturing or for storage purposes which open directly on shaftways orothervertical 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 orfire 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 Fire 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. PAGE 5 EXHIBIT "A" 1994 UNIFORM FIRE CODE 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 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 of 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 of hydrants. See Sections 1001.5 and 1001.6.2. PAGE 6 EXHIBIT "A" Tract No.411791UGMW3 17-Mar-99 SUBDIVISION AGREEMENT CALCULATIONS DEVELOPMENT DEPARTMENT (209)498.4451 BUILDING AND SAFETY SERVICES DMSIONAAND DMSION AND ENGINEERING SECTION 2600 FRESNO STREET,FRESNO CA 93721-3604 TRACT No. 4879 PREPARED BY: Bill Walls UGM No. CHECKED BY: Alan Kawakami P.W.FILE No. 10109 TRACT NAME: Phase II of Tentative Tract 4570 GROSS ACREAGE 17.0273 ZONING: R-1IUGM NET ACREAGE 16.4758 SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 67 GRANVILLE HOMES,INC.,a California Corporation ADDRESS: 1396 West Hemdon Avenue,Suite 101 Fresno CA 93711 SUBDIVISION CALCULATION SHEET (Bonding Amounts) 1 a.Water Construction Engineer's Estimate 565 428.00 Adjustments 1, $29,648.00 Adjusted Cost Estimate 95 076.00 95 076.00 1b.Water Well Construction Engineers Estimate 0.00 Water Well Head Treatment 0.00 Adjusted Cost Estimate C� 2. Sewer Construction Engineers Estimate 2 852.00 Adjustments 516 073.00 Adjusted Cost Estimate 98 925.00 98 925.00 4a. Street Constriction Engineers Estimate 1386 418.00 Adjustments 70 204.00 Engineers Estimate(UG" 0.00 Adjustments(UG" 50.00 Storm Drain Construction 36 818.00 Adjustments 29 306.00 EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 1 Tract No.4879AJGM663 17-Mar-99 Landscape,Fence and Irrigation Construction Perimeter Meson�Wall a Slid Fence Construction I_J LF 25.00 ALF 12500.00 LandscapeArrigation Construction 10443 SF 2.00 /SF 20 886.00 Median Island Landscapin 0 a Ea Adjusted Cost Estimate 357112.00 E-1 Type Electrol�iers I ® 3000.00 Ea 6000.00 E-2 TVpe Etectroliers 16 2500.00 Ea 0000.00 Safety Lighting ® 0 Ea Total Adjusted Street Estimate 403 112.00 403 112.00 Total Construction Cost for Inspection Fee Calculations597 113.00 SubTotal for Bonding Calculations 597113.00 INSPECTION FEE CALCULATIONS Total for Inspection Fee Calculations 597 113.00 7%of First$10,000.00($300.00 min) 1700.00 4%of next$490,000.00 19600.00 2.5%of cost over$500,000.00 2 427.83 Total Inspection Fees 22 727.83 Total Inspection Fees Due with this Agreement 22 27.83 Sub-Total For Construction Cost Bonding 597 113.00 Lot and Block Comers, 133 ® 50.00 Ea 56 650.00 Sub-Total For Construction Cost Bonding 603 763.00 Construction Contingency 61 237.00 Total Estimated Construction Cost 665 000.00 TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION Total Inspection Fees Due with this Agreement 22 27.83 Total Estimated Construction Cost SECURITY G Performance Security 100%of the Total Estimated Construction Cost 5665 000.00 5%Security Deposit(Cash or C.D.) 33 250.00 Performance-95% 1 750.00 Payment Security Labor b Materials-50% 5332 500.00 EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 2 Tract No.48791UGM663 17-Mar-99 Warranty Security: 5%of First$50,000.00 $2—.5-00-0701 3%of Next$50,000.00 1500.00 1%of Next$400,000.00 000.00 1/2%of Costs Over$500,000.00 25.00 Total Amount to be Retained for Warranty (A) SUBDIVISION FEES AND CHARGES The Subdivider has deposited with the City the sum of One Hundred Twenty-four Thousand Eight Hundred Twenty-three and 661100 $124,823.66 for the following: (1) INSPECTION FEES 22 727.83 (2) MONUMENT CHECK FEE F-671 LOTS $30.00 /LOT(Min$200.00) $2 010.00 (3) INTERSECTION SIGNING ®a 173.00 ea 1384.00 (4) TRAFFIC REGULATORYIWARNING SIGNING as 308.00 (6) NO PARKING AND BIKE LANE SIGNING , 77.00 ea (6) STREET TREES City planted street trees. F-9-fl Trees 102.00 /Tree $9 282.00 Street Tree Inspection Fee(Privately planted lot and buffer trees to be maintained by the Ciy/s Communi Facilities District or homeowners) 0 Trees 28.00 /Tree 0.00 Field Inspection Fee(CFD No.2) 1 (O=no 1-yes) $245.00 (7) FMFCD DRAINAGE FEE Zone District R-1AJGM 17.0273 AC $0.00 /AC Paid WI mt. (8) POND MAINTENANCE FEE OSF /SF (9) 0.00 (9) FRONTAGE ROAD ISLAND LANDSCAPING FEE O LF a ILF 0.00 (10)SEWER TRENCH WATER COMPACTION CHARGE 3848 CY 0.121 /CY 466.00 (11)UGM FIRE STATION FEE 0.00 (Service Area No. 15 ) (Zone District No. R-1/UGM ) Deferred by Covenant 1 (0-no 1=yes 17.0273 Acres a 00 /Ac $`10,30`1.52 Total UGM Fire Station Fee Due with Agreement 0.00 EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 3 Tract No.48791UGM663 17-Mar-99 (12)UGM NEIGHBORHOOD PARK FEE 0.00 (Service Area No. 2 ) (Zone District No. -R-1/UGM ) Deferred by Covenant 1 (00no 1=yes 17.0273 Acres1 650.00 /Ac 28 095.05 Total UGM Neighborhood Park Fee Due with Agreement .00 (13)SANITARY SEWER FEES $23.04 (a)Lateral Charge(Chestnut) Deferred by Covenant 0 (O+no 11-yes 0.00 LF ® 5.00 /LF 0.00 Total Lateral Charge Due with Agreement 0.00 (b)Oversize Charge (UGM Reimbursement Area No. 1 ) Deferred by Covenant 0 (Osno 11-yes 57201 Sf $0.05 /Sf M2860.05 Less Oversize Credits [Less Overdepth Credits [Net Oversize Charge Total Oversize Charge Due with Agreement (c)Trunk Sewer Charge Trunk Sewer Service Area Fowler -� F-----6fl UNITS ® 344.00 /UNIT 23 048.00 (Note: Major Facilities Sewer Service Charge and Wastewater Facilities Charge are to be paid as each lot is developed at the current rate.) (d) Sewer Capacity Enhancement Charge Trunk Sewer Service Area 67 UNITS ® 0.00 /UNIT 0.00 Total Sewer Charges 23 048.00 (14)WATER CHARGES $61.353.60 (a)Time&Material Charges("Wet-Tie") 900.00 (Estimate No. 16421 1) (Water Job No. 4700 1) (b1)Service Connection Charges Deferred by Covenant 1 (0■no 1-yes 631 1"METERS ® 320.00 1 Ea. $201 4 1-1Q"METERS@ 470.00 Ea. TIU80.00 Lot 11,24,50 and 51 will have a 1'%"Meier Total Service Connection Charges Due with Agreement (b2)Service Connection Charges Continued Landsca Service Connections(Not Deferrable by Covenant) 1"METERS® 320.00 Ea. 320.00 0 1-1/2"METERS 70.00 Ea. 0.00 (c)Frontage Charge Deferred by Covenant 0 (Onno 1- yes 0.00 LF ® 1 $3.25 /LF $0.00 0.00 LF ® .50 ILF $0.00 Total Service Connection Charges Due with Agreement 0.00 EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 4 Tract No.4879/UGM663 17-Mar-99 (d)Fire Hydrant Charge (Lone District R-1/UW 549980.0 SF ® 0.75 /100 SF 4124.85 (*)Transmission Grid Main Charge (UGM Reimbursement Area No. D ) Deferred by Covenant 1 (Onno 1-yes 17.0273 AC =560.00 /AC 9 535.29 P91AC ® /AC $0.00 Less TGM Credits [ 178.00 ] Net TGM Charge �$11,357.29 Total TGM Charge Due with Agreement 00 (f)Transmission Grid Main Bond Debt Service Charge (UGM Reimbursement Area No. A ) Deferred by Covenant 1 (0-no 1-yes 17.0273 AC ® 243.00 IIAC 137.63 AC ® /AC 00 Less TGM Credits $0.00 j Net TGM Charge N/A* Total TGM Charge Due with Agreement N/A* Not applicable for 2 years after map recordation,then due at Building Permit for all undevelopted lots. (g)Water Construction Charge 67 LOTS ® 1.25 /LOT - 3.75 UNIT DEFINITION for Well Head Rechar a Fees 1994 Bond Det b Water Supply Units by: Livin Units (h)UGM Water Supply Charge ,6Su-pply Well No. 501s 671 UNITS/LOTS® 507.00 /UNIT 33 969.00 Less Well Credits Net Well Charge 33 969.00 (1)Well Head Treatment Fee Well Head Treatment Service Area 501 67 UNITS/LOTS® 207.00 UNIT/LOT $13,869.00 Less Well Head Treatment Credits $0.00 ] Net Well Head Treatment Charge $13,869.00 0)Recharge Fee Recharge Service Area 501 67 UNITS/LOTS® 561.00 UNIT/LOT $4,087.00 Recharge Construction Credits $0.00 ] Total Recharge Fee Due $4,087.00 (k)1994 Bond Debt Service Fee Deferred by Covenant 1 (O-no 1- s 1994 Bond Debt Service Area: 501 67 UNITS ® 244.00 UNIT 16348.00 Less Well Credits Net Well Charge 16348.00 1994 Bond Debt Service Fee due with this Agreement Total Water Charges 61 353.60 GROSS ACREAGE ADJUSTMENT 17.027) Gr.Ac. Excludes Anes@ of Ariwint 6 C wbr Sheeb: NoMSunnyside Avenue 0.5515 Ac. Ad/usisd Gnxs Ane 17.0273 Adj.Ac. EXHIBIT"B" - Revised to Remove Early Construction Catculations. Page 6 Tract No.48791UGM663 17-Mar-99 (15)UGM MAJOR STREET CHARGE (Lone Deferred by Covenant 1 (O-no 1=yes 16.4758 AC ® $2,180.00 /AC $35,917.24 Less Major Street Credit $22,386.00 11 Net Major Street Charge This Zone12 00 Major Street Credit due with this agreement 00 (16)UGM MAJOR STREET BRIDGE CHARGE 50.00 (Zone Deferred by Covenant 1 (O-no 1=yes 16.4758 AC 210.00 /AG $3,459.92 Less Major Street Bridge Credit $0.00 ) Net Major Street Bridge Charge $3,459.92 Total TGM Major Street Bridge Charge Due with Agreement $0.00 (17)UGM TRAFFIC SIGNAL CHARGE0.00 Deferred by Covenant 1 (O-no 1=yes 16.4758 AC ® .00 /AC $14,169.19 Less Signal Credit [ $0.001) Net Traffic Signal Charge 14169.19 Total UGM Traffic Signal Charge Due with Agreement $0.001 (18)UGM GRADE SEPARATION CHARGE Deferred by Covenant 0 0=no 1= es WA Service Area one: I E-4-A 16.4758 1 AC ® F I/AC $0.00 Total UGM Grade Separation Charge Due with Agreement A (19)UGM AT-GRADE RAILROAD CROSSING FEE 0.00 Deferred by Covenant (0-no 1-yes) Service Area: 16.4758 AC Q I0.00 /AC 0.00 Less At-Grade Railroad Crossing Credit [ .00 1 Total UGM At-Grade RR-Xing Fee 0.00 Total UGM At-Grade RR-Xing Fee Due with Agreement 0.00 (20)UGM TRUNK SEWER FEE N/A (Service Area ) (Zone District R-1IUGM ) Deferred by Covenant 1 (O-no 1-yes) 17.0273 AC ® /AC 0.00 Total UGM Trunk Sewer Fee Due with Agreement N/A (21)OVERLAY SEWER SERVICE AREA WA Deferred by Covenant 0 (0=n0 1=yes 17.0273 AC ® I /AC 0.00 Total Overlay Sewer Fee Due with Agreement WA (22)LANDSCAPE MAINTENANCE DISTRICT FEE 3999.23 A. Antic* ated Maintenance Cost(Planter Areas) 671 Lots 34.69 /Lot $2.324.2-3 B. Incidental Expenses(Legal fees,Publications,Mailings,Engineering) Assessment District Proceedin s 67 Lots 25.00 /Lot 1 11 675.00 (51,080.00 min) 13,999.23 TOTAL FEES AND CHARGES DUE WITH AGREEMENT124 823.66 EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 6 Tract No.4879/UGM663 17-Mar-99 (B) FEE DEFERRALS (1) UGM FIRE STATION FEE 10 301.52 (Service Area No. 15 ) (Zone District No. R-1AJGM 17.03 Acres ® .00 /Ac 10301.52 Total IJGM Neighborhood Park Fee Deferred by Covenant (2)UGM NEIGHBORHOOD PARK FEE 28095.05 (Service Area No. 2 ) (Zone District No. R-1/UGM 17.03 Acres ® $1,650.00 /Ac 28 095.05 Total UGM Neighborhood Park Fee Deferred by Covenant (3)SANITARY SEWER FEES DEFERRED 0.00 a Lateral Charge L0.001 LF F s-s-b-o-1/1-F .00 0.00 LF ® :0.00 /LF $0.00 Total Lateral Sewer Fees Due for EIRP Lots .00 Total Lateral Charge Deferred by Covenant 00 (b)Oversize Charge GM Reimbursement Area No. 6 57201.0000 Sf ® 50.05 /Sf $2,860.05 Lose Oversize Credits $4,586.00 ] Less Overdepth Credits $5,159.00 ] Net Oversize Charge 0.00 Total Oversize Charge Deferred by Covenant $0.00 TOTAL SANITARY SEWER FEES DEFERRED (4)WATER CHARGES DEFERRED 39 745.29 a Service Connection Charges 1-METERS ® 320.00 Ea. 20160.00 11-12-METERS® 1 $470.00 1 Ea. 1 $1 880.00 Total Service Connection Charges Deferred by Covenant 22 40.00 b Frontage Charge 0.00 LF ® 3.25 /LF 0.00 0.00 LF $6.50 /LF 0.00 Total Frontage Charge Due for EIRP Lots $0.00 Total Frontage Charge deferred by Covenant 0.00 (c)Transmission Grid Main Charge GM Reimbursement Area No. F D 17.03 AC ® 560.00 /AC 9 535.29 0.00 AC ® $0.00 /AC $0.00 Less TGM Credits $8,178.00 ] Net TGM Charge 1.357.29 Total TGM Charge Deferred by Covenant 1 357.29 (d)1994 Bond Debt Service Fee 1994 Bond Debt Service Area: 101 67 Units 244.00 /Units $16,348.00 Net TGM Charge $1634800 Total TGM Charge Deferred by Covenant 16348.00 TOTAL WATER FEES DEFERRED EXHIBIT"B" - Revised to Remove Early Construction Calculations. Page 7 Tract No.4879/UGM563 17-Mar-99 (6)UGM MAJOR STREET CHARGE13 531.24 (Lone 16.48 AC 2 180.00 /AC 35 917.24 Less Major Street Credit [ 22 386.00 J Less Major Street Credit .00 Net Major Street Charge This Zone 13 531.24 Total UGM Major Street Deferred by Covenant 1 31. 4 (6)UGM MAJOR STREET BRIDGE CHARGE $3 208.70 (Lone 16.48 AC 210.00 /AC 3 459.92 Less Major Street Bridge Credit Net Major Street Bridge Charge 3 459.92 Total UGM Major Street Bridge Charge Due for EIBP Lots 251.22 Total UGM Major Street Bridge Charge Deferred by Covenant 3 208.70 (7)UGM TRAFFIC SIGNAL CHARGE $14,169-19 16.48 AC 0.00 /AC 14 169.19 Less Signal Credit Net Traffic Signal Charge 114,169.1119 Total UGM Traffic Signal Charge Deferred by Covenant $14.169.110 (8)UGM GRADE SEPARATION CHARGE 0.00 Service Area Zone: R-1/UGM 16.48 AC $0.00 /AC $0.00 Total UGM Grade Separation Charge Deferred by Covenant 0.00 (9)UGM AT-GRADE RAILROAD CROSSING FEE 0.00 Service Area: 16.48 AC $0.00 /AC 0.00 Service Area: 0 AC /AC $0.00 Less At-Grade Railroad Crossing Credit ( 0.00 ] Total UGM At-Grade RR-Xing Fee 0.00 Total UGM At-Grade RR-Xing Fee Deferred by Covenant 0.00 (10)UGM TRUNK SEWER FEE (Service Area ) (Lone District R-1/UGM ) 17.03 AC ® 0.00 /AC L40.00 AC ® /AC LOTS /LOT Total UGM Trunk Sewer Fee Deferred by Covenant (11)OVERLAY SEWER SERVICE AREA 0.00 17.03 AC a 0.00 /AC lom Total Overlay Sewer Fee Deferred by Covenant 0.00 TOTAL FEES AND CHARGES TO BE DEFERRED BY COVENANT109 050.98 EXHIBIT'B" - Revised to Remove Early Construction Calculations. Page 8 ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 4879, Phase II of Tentative Tract No. 4570/UGM 563, is subject to an annual assessment currently estimated at $ 74.00 The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4879, Phase II of Tentative Tract No. 4570/UGM 563. I/We understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document I/We have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date FT4879 Subdivision Agreementwpd (March 2, 1999)