HomeMy WebLinkAboutT-4997 - Agreement/Covenant - 8/15/2006 ;, J�BOVE'SPAOtr FSR ir3ECORD�R'S.USE pNLY
SUBDIVISION AGREEM
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4997
of Vesting Tentative Map of Tract No. 4997/NON-UGM
P.W. File No. 10375
THIS AGREEMENT is made this 19 day of
2002, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and VALLEY FINEST PRODUCTS, INC., a California Corporation, 4848 North
First Street, Suite 107, Fresno, California 93726, together hereinafter designated and called the
"Subdivider,"without regard for number or Gender.
Subdivision Agreement
Tract No. 4997
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. 4997/NON-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 required as Conditions of Approval for Tentative Map Tract No. 4997/NON-
UGM dated June 20, 2001 issued by the City and any amendments thereto (hereinafter referred
to as Conditions of Approval and incorporated into this agreement by this reference),hereinafter
set forth in detail,within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication and approval of the Final Map for filing with the County of Fresno to record
by the City of Fresno.
D. The Subdivider desires to constructthe 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. 4997
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 July 31, 2005, 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 July 31, 2007, (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 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-Parks 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.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdividers attention is particularly called to Part III,Article 9
of U FC 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
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. 4997
Page 4
e. 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.
f. 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 comers 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.
Subdivision Agreement
Tract No. 4997
Page 5
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
complete underground street light system as approved by the Traffic Engineer prior to final
acceptance of the subdivision. Height, type, spacing, etc. of standards and 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,subject to reimbursement for oversized facilities as deemed
appropriate by the City.
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.
Subdivision Agreement
Tract No. 4997
Page 6
L Perform and construct all work shown on the following referenced plans:
a. City Drawing Nos: 15-C-10698 through 15-C-106991 (2 sheets),
inclusive; unless specifically omitted herein.
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.
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
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.
Subdivision Agreement
Tract No. 4997
Page 7
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. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
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.
Subdivision Agreement
Tract No. 4997
Page 8
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 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
Subdivision Agreement
Tract No. 4997
Page 9
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.
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
Subdivision Agreement
Tract No. 4997
Page 11
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,
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. 4997
Page 12
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
SEVERO ESQUIVEL INTERIM DIRECTOR VALLEY FINEST PRODUCTS, INC.
PUBLIC WORKS DEPARTMENT a California Corporation
By. _ %"' //LO-Q1-
MARK I. WILLIAMSON
ASSISTANT DIRECTOR P. David Wasemiller, Vice President
ATTEST:
REBECCA E. KLISCH
CITY CLERK
By:
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By:
De uty
DATE:September 23,2002
STATE OF California
COUNTY OF Fresno
On September 24, 2002 before me, C.A. Henson
(Name, Title of Officer)
personally appeared P. David Wasemiller
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
C.A.HENSON
(Signature of Notary Public) 'm NOTARY PusuG6�FOFIMA
m PRFRESNOC OFF
N -L
My OwmWon Exp.Jan.7,2104
(This area for notarial seal)
EXHIBIT A Subdivision Agreement for Tract 4997
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $0
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $0
Street Construction Cost Estimate $15,000
Final Cost Estimate(for Inspection Fee purposes) $15,000 (A1)
(Al) Estimate includes additional 10% contingency pursuant to Fast Tracking guidelines
27 Landmarks, Monuments, Lot& Block Corners ($50/ea) $1,350
Sub-Total (for bonding purposes) $16,350
Construction Contingency(10%) $1,635
TOTAL COST ESTIMATE"
(for improvement securities purposes) $17,985 $18,000
*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 $17,000
5%of amount shall be in cash or a Certificate of Deposit 1 $1,000
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 $9,000
Faithful Performance 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 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $1,000
3%of next$50,000 $0
1%of next$400,000 $0
0.5%of amount over$500,000 $0
Minimum amount $1,000
EXHIBIT A v4/28/00 Prepared By: Rick Date: 5/30/02 Print Date:05/30/02 2:02:34 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-4997
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(7%;$300 minimum fee)
$15,000 Final Cost Estimate>$10K<$500K $900.00
($700 t 4%of amount over$10K)
$0 Final Cost Estimate over.$500K na
($20.300 t 2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $0.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $900.00 $900.00
2. MONUMENT CHECK FEE
16 Lots and Outlots @ $30.00 per Lot $480.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets @ $173.00 per set na na
Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
®City installed(15-gallon)Street Trees @ $129.00 per Tree $516.001 $516.00
Inspection Fee(when planted by subdivider @ $30.00 per Tree na na
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)6
Lum Sum Charge as established by Public Works Director na na
S. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Lots(anticipated maintenance cost) @ $0.00 per Lot na
17�Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
assessment district proceedings @ $0.00 min)
Landscape area Field Inspection Fee-Parks @ $305.00 LS na
Total na na
$0.00 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ 5.00 per LF na na
a. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 1
TOTAL MISCELLANEOUS FEES&CHARGES $1,896.00 $1,896.00
EXHIBIT 8 v11/01101 Printed 06/07/02 2:22:50 PM . Page 1 of 3
EXHIBIT B Subdivision Agreement for T-4997
NET AMOUNT
EXTENSION DUE
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
2.2512 Gross Acres
2.2512 Net Acres
2.2512 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
16 Units(residential)
R-1 Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
DD FMFCD Drainage Area
2.2512 Acres per FMFCD @ 53,350 per Acre x7,542.00
Less FMFCD Credits $4,793.00
Local Drainage Fee [274
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge Iprevlously PEI
(b)Oversize Sewer Charge
Oversize Sewer Charge Previously PEI
(c)Trunk Sewer Charge
Trunk Sewer Service Area
16 Units @ per Unit 8" C$0.66
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per U
(e) Sewer Capacity Enhancement Charge
na Trunk Sewer Service Area
161 Units @ 50.00 per Unit na nal
3. WATER CONNECTION CHARGES
(a)Time 3 Material Charges("Wet-Tie")
F0-2---O 73 Estimate Number (HTE)
Estimated Deposit(FMC 14-111-f)for 8"Fire Service
(b1)Service Connection Charges
—�2"Services(51,010)&Meters($411) (dl 51,421.00 each $2,842.00 $2,842.00
(b2 Landscape Service Connection)&Metes
�1-1/2"Services(5880 8 Meters($340) @ 51,220.00 each 51,220.00 $1,220.00
(c)Frontage Charge
Frontage Charge 113reviously Paidrewous ai
(d)Fire Hydrant Charge
0 SF;residential zoning @ 50.75 per 100 SF lPrevlously P-57il
EXHIBIT B vi vovol Printed 08107102 2:22:50 PM Page 2 of-3
EXHIBIT B Subdivision Agreement for T-4997
NET AMOUNT
EXTENSION DUE
(e)Transmission Grid Main Charge
Transmission Grid Main Charge Previously Paidrevious ai
(f)Transmission Grid Main Bond Debt Service Charge
Transmission Grid Main Bond Debt Service Charge jPrevious ai
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
NON UGM
Total Impact Fees t£Charges $12,411.00 $12,411.00
Note: EXTENSION total Includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $1,896.00
TOTAL(B) IMPACT FEES&CHARGES $12,411.00
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $14,307.00
ECHIBr r B H 1/01/01 Pdnted 0507/02 222:50 PM Page 3 of 3
Tract No. 4997
P.W. File No. 10375
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on , in the office of the Fresno County
Recorder, Document No. , Official Records of which the Deed of Trust
in by and between , as Trustor,
as Trustee
and , as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Subdivision Agreement for Tract No. 4997, a Planned Development of
Vesting Tentative Map Tract No. 4997/UGM.
DATED: , 20
BENEFICIARY
By:
By:
(Attach Notary Acknowledgement)