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HomeMy WebLinkAboutT-4957 - Agreement/Covenant - 8/14/2006 ABOVE SPACE FQR REC,4RDER S US,E ONLY SUBDIVISION AGREEMENT City of Imin 17FIk -V4&,, PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4957 Phase I of Vesting Tentative Map of Tract No. 4957/UGM P.W. File No. 10299 THIS AGREEMENT is made this 11 day of Ju�.1E 2001, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Peachtree Partners, a California General Partnership, P.O. Box 9652, Fresno, California, 93793, hereinafter designated and called the"Subdivider,"without regard for number or Gender. Subdivision Agreement Tract No. 4957/UGM 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. 4957/UGM, 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. 4957/UGM 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 September 6, 2003, 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 September 6, 2005, (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, September 6 2003, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. The Street trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parkas Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant, or to inspect the required Street Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of this Agreement and/or the "Statement of Covenants Affecting Land Development to Plant and Maintain Front Yard Trees for Tract No. 4957," per Resolution No. 98-129 requirements for 50-foot and 56-foot local street patterns. e. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdivider's attention is particularly called to Part III, Article 9 of UFC relating to Fire Department access and water supply. No occupancy permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met and access is constructed with approved street lighting on line and operational. The issuance of any Subdivision Agreement Tract No. 4957/UGM Page 4 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. 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 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 Subdivision Agreement Tract No. 4957/UGM Page 5 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 luminaires 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 Sections 14-107 and 14-111 of the Fresno Municipal Code. 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 construct a 6-foot high solid masonry wall at the rear of Lot 4 and Lot 5, which back onto the Bush Avenue frontage in accordance with the acoustical analysis of Tentative Tract 4623, per Section 12-105-W-2 and Section 12-306-N-19, Fresno Municipal Code. Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the Subdivider has posted improvement security with the City guaranteeing the preparation of the detail landscaping/irrigation and sound wall plans for the required landscaping/irrigation and the noise barrier wall improvements to be approved by the City. Subdivision Agreement Tract No. 4957/UGM Page 6 The Subdivider agrees that, in the event the required plans have not been submitted by the Subdivider to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required landscaping/irrigation and sound wall plans. Perform and construct all work shown on the following referenced plans[City Drawing Nos: 10-C-7960 through 10-C-7962 with Water Job No. 4799(3 sheets) inclusive; 15-C-10438 through 15-C-10440 (3 sheets) inclusive, unless specifically omitted herein. j. Prior to the approval of the Final Map by the City, the Subdivider shall pay to the City and/or execute to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due 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." k. 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 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 Subdivision Agreement Tract No. 4957/UGM Page 7 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. 5. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence to business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost Estimate to be conditioned upon the faithful performance of this agreement. i. 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the Final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost Estimate 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. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. PERFORMANCE SECURITY. Such sums are equal to 100% of the total estimated cost to complete the preparation of the landscape/Irrigation and wall improvement plans and profiles required. Said amounts 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. Subdivision Agreement Tract No. 4957/UGM Page 8 6. Upon acceptance of the required work by the City Engineer, a warranty security shall be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, 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. 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 Subdivision Agreement Tract No. 4957/UGM Page 9 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. 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 Subdivision Agreement Tract No. 4957/UGM Page 10 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. 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. Subdivision Agreement Tract No. 4957/UGM Page 11 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 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 or within forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to Subdivision Agreement Tract No. 4957/UGM Page 12 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, 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. Subdivision Agreement Tract No. 4957/UGM Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Peachtree Partners, A California General Partnership MARK I. WILLIAMSON, P.E., DIRECTOR PUBLIC WORKS DEPARTMENT By: Valley Finest Products, Inc., y� a California General Partnership By. % ! r JA By: ATTEST: Paul G. Wasemiller President REBECCA E. KLISCH CITY CLERK C) Deputy By: William Huffman General Partner (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy DATE arch 2001 CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On,2001,before me,Elvia Sommerville,Deputy,personally appeared Mark Williamson, Director Public Works Department, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH City Clerk d BY. Deputy EXHIBIT A Subdivision Agreement for Tract 4957 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $50,150' Well Construction Cost Estimate $0' Sewer System Construction Cost Estimate $41,175 Street Construction Cost Estimate $219,478 Final Cost Estimate (for Inspection Fee purposes) F_ $310,803 (Al) (Al) E=stimate includes additional 10% contingency pursuant to Fast Tracking guidelines 1120' Landmarks, Monuments, Lot & Block Corners ($50/ea) $6,000 Sub-Total (for bonding purposes) $316,803 . Construction Contingency (10%) $31,680 TOTAL COST ESTIMATE* (for improvement securities purposes) IF $348,483 $348,000 *All amounts rounded to nearest $1000 B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement) Performance Security (100% of Total Cost Estimate) 95% of amount shall be in the form of a bond by duly authorized) corporate sureties or irrevocable letter of credit $330,600 5% of amount shall be in cash or a Certificate of Deposit $17,400 Payment Security (50% of Total Cost Estimate) 100% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $174,000 Faithful Peformance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans (Sewer.Water, Storm Water) $0 Street Light Plans $0. Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit I $0 C. WARRANTY SECURITY REQUIR9MENT* (due as condition of acceptance of the work) 5% of first $50,000 of the Total Cost Estimate $3,000 3% of next $50,000 $2,000 1% of next $400,000 $2,000 0.5% of amount over$500,000 $0 Minimum amount $7,000 EXHIBITA 00/11/00 Prepared By:Jeff B. Date:4/2/01 Print Date:05/14/01 3:36:28 PM Page 1 of 1 EXH/B/T B Subdivision Agreement for Tract 4967 AMOUNT exMM M Mer AMOUNT DUE DEIWRRED A. MISCELuwEOUS FEES a CHARGES 1. IIISPECTION FEE ©FYW Cast Eaftele a10K 0 (?%;5500 dIthl"n b* 10!03 FMW Cast Enlale 41OK-4500K 1 75212 (f700*41L d amount ovr f10K) ©Fi1W Cast ENNnMe over f5001C 1_,-1 (f20.0W*31.5%d anwwd arsr 0001Q Less kr; 11,n Fess pdd vft Ery SswwMakwConsbuollonApssmsnt SO= Lass Mwpeabn Fess paid vft Ery Stmst Crrhuobw Apesnwnt 00 Mnpscdon Fie ® 1 75212 I MONUMENT CHECK FEE ®Lou ww owa, 0��� S' Saest Nsnw Sign elle o C3 44]pr od 0 w«akoteow sloly alpw o®>IP D D 4.STREET TREES ©ClytnslaW10- e"Sh"Tn O 1®prTm �hwpadfon Fee(wlwn pMf+ed by awbdiridw)o pw Tim O �Tn.s by Cwslwatpteeokdial WW2?,2teeNrotlradYp W risala L STREET RIONTS OF WArCHARM pw FMC 11-228M ®C�r ft%bWad by PutAle wra Dh.aar L_J i.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-4 ®Cale(rdloipaled fl1.Ilwnrlo.oao O pwLA u awasurmt N 1, pmovedbW OF so-oaln*o ®Landscape em FW W UwpacYon Fe►Prb LS Tdd ---swi Md aweasnwnt pr Loc(hNw won ar*4 7.1IR10A_ eed be) 19ILWAW Fpw LF 1oTAl iAlIM1IVEaua FEES a tPARG" 121,925.12 1121.025.12 ElaaaR 8 v4rA= PIYbA 060MI 321:30 PM Pup 1 d 4 EXHIBIT B Subdivision Agreement for Tract 4957 AMOUNT EXTENSION NET AMOUNT OM OEFEIUM a NPACT FEES.CONSTRUCTIM CREDITS iL FEES TO BE DEFERRED 9.2122 Oma Aaas OAM,Nat Anes 9.2122 Aided Gran Aaw(AO AO); onhrdaa Mw of kUM i C allw1w Stwats M Unb(waldwftQ 0 LUE(nwHwWwftQ R-2VArkw rro MW uW f wM* Ura Urban Gic" MarwgwmM Mw or W 1. LOCAL=ZE mMwpa Mw FWM O®par Ace FMFCO OmMrape Mw Am=pwFWCO Q®pwAm l OoN Fee ®(81) (81)I)AN AA or or potion d M obNpatlon aatMdMd purarwnt In F1dFC0 A> 2. SEWM CONNECTION CNAROE11 hl LWtaI Farrar Fm Fw Foci ®SF ToW Svrwm Fed ®SF �8F.awb4oW1AWWSo CMM Q®per SF Less eatMnWd Lateral Saww C MW C mft LMara1 Saww CMW C 0 (b Owrala Sarver clww LKM Am Frart F-OW EEoq: Fm 8F TOW Svrwm Feat ®SF:subbW CNarain Saww C MW pnr SF Less aslinmW Clrerolm dedNs �Q Less ea9 - CNardOplh CredNs Chemin 8wMr C Mw (C nadc 8Servion Mw se Unks pwUnit (d)WaMwrwMr Fadwnn Char" Fee to be paid at Ura rain in enact at tines d Wwnos d b N&V pewit The M vara owmndy in enact is SZ119 par Unit VWC 96M b) MOW 9 WAM Pia 0VJM1 ]:21:%PM PMP 2 d 4 r EXHIBIT B Subdivision Agreement for Tract 4957 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (=TEMMMM"Chw" ®Trunk Sswer Sella Asa Units per Lkel It. WATER CONN(90 ECTION CHARGES I�Z ur-aYChi( Eatlnhtls 1lwrrber a Job Numbersk Eelinhdsd Deposit(FMC 14-111 (11)S«vb.comeco" 1-MoMrs MID wd senlrw p each 1752000 1-1!!'MNae b ssislkrp senlrw p each 001::�MSO-4113)100 r Meta b edsWq serMces p sada 00 1-SwAoss($735)a Melva(5155) p each 00 1-117'Ssnk s(5880)a I I 1 (5310) p each r GerAc"81,010)a Mori(5111) p each � Solcconq LandeaM sella COMWWon ChUMM fElor Mews b ssistirrp"moss p 00 each00 1-1Q"Mori b satstkrp"noic s p each 00 rel - b ssistirrp"r*" 00 leach .00 .00 ®i•$crNoes 157351 i Meta(5155) p®each 1dR-SeMces(5680)i Matas(5310) p each P�a$Q..Ofl rill 1,ss(51,010)aMetas(5111) p 1 each (c)faahhpa FaadepK LF Fradape 0 LF FrordepK 0 LF Sub-Tota UneN Feet(X awls) LF �LF; w 4abol Frorkepe Charge(K awls) p®Per LF Rao LF FroMye JLF LF Sub-ToW UneN Feet(hd sale) [:==DF ©LF;w aW Frordaps Chaps VA rats) p 58.50 Per LF 0 Sub-Tota Firxrtrrpe Chsrps Lass eMkaalnd F—bes,grape Caedss Fmntow Chaps ( 1 305,577 SF maiden"zonhv ^Pa 100 SF 1.. ©SF;nonaeellentisi—dr4 O t_. !per 100 SF G� p� std ek n chaps 11OM Reknbrasarant Arse 5.21 Gmss Aeras p®Per Or Acre 150.87 Not Acres o per Not Ac C� Lees Ed ncisdTGM Comaucuon 0sclit L Tanenrissim Grid Main Chaps 5158.87 l�T�anaMa�ba Grid Main Gond Debt Service Chaps r yZj&jG,oft Act" O®Per Or Acre 2 0 Not Acres O per Not Ac Lass EM mradTGM Bond Debt Smice Charge Credit Trensmaaiaa GrW Mein Bond Debt Savior ChaMe I.. :J S2 238.58 UOMSuPPIY Fee Supply Well Savics Area LMM Units lm"erNie9 O®per Unit ®LMng Unit 6vuivaieMs(LUQ;non.re.kWftp®Pa UM OOearr 111 v4QM Proud 06r2Wl =IM PM Pep 3 d 4 EXHIBIT B Subdivision Agreement for Tract 4957 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED Lou EO"Obd WM WaW Supply F«CAoomctlon Credits UGM Wabr Supply F« (11J Wap llMd TF« WN Fuad Troatrrwk SanAoo Ana 58 LMN Unft(ewww o o®par Unk 0 LMrq Una EquiwlwMs(LUEI:no 4wew.nd@G®p«Unit Lou Esum.e.d Wei Nand Tmebmnt F«CAralr ctlon Cndfs VM Hwd Tnw6nont Foo (I)RechUM FN Rodwpo Smioo Ana LMnp Unft rooida l"o o par Unk �LW 4 Unit E4ukvJwd.(LUE);no-ww«Miao®p«unk Lon Eawna- Rodwpo F«Cone lion a.dlls Rodw90 Fe M .ee awio.F« 1994 Bad D.et S.M.F«S.M.Ana Lmm unots( ) Q gip«Unit OLW 4 unit EauNal«Ma(LUE);non..aw.nti.o par unk IAoa E.um ew 1994 Bad D*W SwAw Fee CAnWudon Cndils 1994 Bad D&M S@Mw Fee O 4. URBAN GROWN MANAGEMENT(UGM)FEES i CONSTRUCTION CREDITS MON-VOM TOM Nwad Fa 3 O mss (39.4119.42 65.091.83 (25.917.99 NaM: EXTENSION bW Yidudw not mulls d oons4uction aodka SUMMARY TOTAL(A) MISCELLANEOUS FEES S CHARGES 925.12 TOTAL(B)WALT FEES S C*LARGES 091.!3 25 917.99 ffOTAL SUBDMSION FEES and CHARGES DUE MATH AGREEMENT(cm0l 1130=95 000arr s.4rA= Pwr.a 0 r2W'1 321:40 PM Pop 4 094 STATE OF California COUNTY OF Fresno On May 9. 2001 before me, C.A. Henson, Notary Public (Name, Title of Officer) personally appeared Paul G. Wasemiller and William Huffman personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and and official seal. ��..;' C. A. HENS (Signature of Notary Public) pr COMM.#1248627 ao m e NOTARY PUBLIC-CALIFORNIA CO R PRINCIPAL OFFICE IN m FRESNO COUNTY °+1w My Conalulon Exp.Jan.7,2004 (This area for notarial seal)