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HomeMy WebLinkAboutT-5205 - Agreement/Covenant - 4/25/2006 (3) WHEN RECORDED MAIL TO: City Clerk Z City of Fresno 0 2600 Fresno Street U Fresno, CA 93721-3603 W a 0412512006,20060086698 W J a NO FEE- Government Code 6103 City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File Nos. 10782 and 10830 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5205 (PHASE 1 OF VESTING TENTATIVE MAP NO. 5205/UGM) Subdivision Agreement Tract No. 5205 Page 2 THIS AGREEMENT is made this 5th day of �}DYII 20 , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and COPPER RIVER DEVELOPMENT COMPANY, INC., a California Corporation, 1396 West Herndon Avenue, Suite 101, Fresno, California 93711, and COPPER RIVER RANCH,LLC,a California Limited Liability Company,1396 West Herndon Avenue,Suite 101, Fresno, California 93711 hereinafter designated and called the "Subdivider" or "Developer," without regard for number or Gender. RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City more particularly described as: Lots 1 through 134, inclusive, Outlots A through Z, inclusive, and Outlot AA of Tract No. 5205 according to the map thereof recorded on &ri � , 20(2Z in Volume _of Plats at Page(s) 31 , Fresno County Records, (hereinafter referred to as the"Final Map"and incorporated into this agreement by this reference) and has requested the City to accept the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and to otherwise approve the Final 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 the Final Map, the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map,and deems the same as necessary for the public use,and also requires that any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1014 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 Vesting Tentative Map No. 5205/UGM dated November 3, 2004 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 ' 4 ' Subdivision Agreement Tract No. 5205 Page 3 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 Final Map which may ripen into a fee have subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument. 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 the Final Map, and in consideration of finding of substantial compliance with said Tentative Map, 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 one (1) year of the date of this agreement, except as noted below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before two (2) years of the date of this agreement. C. The Street Trees required for each lot shall be provided and planted by the Subdivider upon occupancy of each lot. All species of Street Trees to be planted in the subdivision shall be as approved by the City Engineer. The Subdivider shall notify the Public Works Department - Construction Management Division of the planting schedules and to schedule inspections. 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 Subdivider's attention is particularly called to Part III,Article 9 of UFC relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and firefighting water supply requirements have been met. ' 4 ' Subdivision Agreement Tract No. 5205 Page 4 No occupancy permit shall be issued until all Fire Department requirements for occupancy have been met. 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 the subdivision. 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. g. The Subdivider shall develop a Fugitive Dust Prevention and Control Plan in compliance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII-Fugitive Dust rules. 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 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as "Public Works Standards") at the sole cost and expense of the Subdivider including all costs of Subdivision Agreement Tract No. 5205 Page 5 engineering, inspection and testing. 3. The work and improvements are as follows: a. Set 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. 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 serviced street light system as approved by the City 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 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. The Conditions of Approval provide for the connection to the City sewer system of 500 equivalent dwelling units(EDU)for developments of said Vesting Tentative Map No. 52051UGM and any amendments thereto including other tentative maps filed within the original area of said Vesting Tentative Map No. 5205. Additionally, the Developer is required to design and construct an on-site tertiary wastewater treatment facility (Copper River ranch treatment facility) acceptable to the City, for Subdivision Agreement Tract No. 5205 Page 6 which construction shall be completed prior to construction of the 501' EDU from developments of said Vesting Tentative Map No. 5205/UGM. Once constructed, all flow from development approved pursuant to said Vesting Tentative Map No. 5205/UGM shall be directed to the Copper River Ranch treatment facility. The City will accommodate permanent sludge discharged from said Copper River Ranch treatment facility to the City sewer system. It is explicitly understood that the terms of this section will survive the completion of this tract and this agreement. 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 Public Works 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 subdivision shall be fenced in accordance with Public Works 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. The Subdivider shall install and maintain the fencing/walls, landscaping, irrigation system and certain public improvements in accordance with the approved improvement plans(i.e.,Landscape and Irrigation Plans,Grading Plans,Street Plans,etc.), within the designated easements or areas required in the Conditions of Approval and delineated on the Final Map. The improvement plans for such landscaping and irrigation systems shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Subdivision Agreement Tract No. 5205 Page 7 Director; such improvement plans shall be approved by the City Engineer. The Subdivider has elected to satisfy all of its Subdivider's maintenance obligations by annexing the Subdivision into CFD-12. The Subdivider shall remain responsible for all of its maintenance obligations as provided in the Conditions of Approval until such time as the City Engineer determines that CFD-12 is responsible for such maintenance thereafter. This final map will be annexed into CFD-12 pursuant to the provisions of the Agreement to Advance Consideration of Final Map for Tract No. 5205, recorded as Document No. AOL -06f 4,701 , Official Fresno County Records. The Subdivider is responsible to provide each prospective purchaser, a "Notice of Special Tax,"pursuant to said CFD-12, in accordance with the provisions of Section 53341.5 of the California Government Code. j. Perform and construct all work shown on the following construction plans and any amendments thereto unless specifically omitted herein: City Drawing Nos. 10-C-8961 through 10C-8987,inclusive (sewer and water); City Drawing Nos. 15-C-13279 through 15-C-13327, inclusive (street); City Drawing Nos. 4-E-1561 through 4-E-1564, inclusive (street lighting). Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. k. Prior to approval of the Final Map by the City,the Subdivider shall pay to the City and /or execute a covenant 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." I. In connection with assigning figures set forth in Exhibits"A"and"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 Subdivision Agreement Tract No. 5205 Page 8 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 . M. SPECIAL MITIGATION MEASURES. Notwithstanding the normal and regular, and special Copper River Ranch Area impact fees, in order to comply with Section 10.0 Transportation and Circulation of the Mitigated Negative Declaration (MND) prepared for Environmental Assessment Number C-04-153, T-5205 dated September 29, 2004 the Subdivider shall do the following: I. Pay to the City a cash-in-lieu mitigation fee of$365,998 for the developer's fair share proportionate cost of off-site street improvements within the City's jurisdiction. ii. Provide to the City a Certificate of Deposit assigned to the City in the amount of$50,013 for the developer's fair share proportionate cost of off-site street improvements outside the City's jurisdiction. The City will hold the money in trust for the purpose of constructing such off-site improvements until such time as the public entity responsible for the off-site improvements either requests the money and the City thereby releases the money to said public entity or until such time as the City determines that the improvements have been constructed and the money is no longer needed for such off-site improvements and in such case the City will refund the money and any interest from the money to the Subdivider. It is explicitly understood that the terms of this section will survive the completion of the tract and this Agreement and that the Subdivider has waived any and all claims related to or arising from the City's collection of said mitigation fees. 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 with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and Subdivision Agreement Tract No. 5205 Page 9 made a part of this Agreement. In case there are not any Public Works Standards 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. 5. Prior to the approval by the Fresno City Council of the 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 licenced to do business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final Cost Estimated 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 to 50% of the Final Cost Estimated (provided, however, this shall be 100% of the Final Cost Estimated if same or actual cost exceeds $25,000) 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 Section 12-1016 of the Fresno Municipal Code. 6. On 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 Subdivision Agreement Tract No. 5205 Page 10 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 improvements thereon and therein. 9. The Subdivider shall remedy any defective work or labor or any defective materials Subdivision Agreement Tract No. 5205 Page 11 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 Public Works Standards 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 of Fresno. 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 Subdivision Agreement Tract No. 5205 Page 12 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 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 Subdivision Agreement Tract No. 5205 Page 13 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 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, togetherwith 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 Subdivider without the written consent of City. Subdivision Agreement Tract No. 5205 Page 14 20. In the event that the actual cost or Final Cost Estimated is in excess of$1,000, all of the work and improvements and materials in the planning, design, pre-construction and construction phases of the work and improvements, and any maintenance of such improvements, constitutes a "public work"as defined in Chapter 1, Part 7, Division 2 of the California Labor Code to which Section 1771 thereof applies, and Subdivider shall cause the work to be performed as a "public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider shall fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the maintenance of bonds to secure payment of contractors, including the payment of wages to workers performing the work. i Subdivision Agreement Tract No. 5205 Page 15 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation COPPER RIVER DEVELOPMENT COMPANY,INC., DAVID D. HEALEY, Director a California Corporation Public Works Department By: W! &c By: Michael T. Kirn, P.E., Assistant Director Darius Assemi, President COPPER RIVER RANCH, LLC, a California Limited Liability Company APPROVED AS TO FORM: By: Darius sse , hir Vice-President i JAMES C. SANCHEZ Interim Ci ttorne By: 1A1 -M-Lyles, Fourth Vi -President By: 11 gero lA V . t�les Seco c� t��c e -Pr�Sid Deputy (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Eresntj ss. on Nardi 3t► ZtaCY�, before me, Cri S � Y f W9��c� Name and Title of Officer(e.g.,1jane Doe,Nbtary Public") personally appeared Varl US A5�emi Name(s)of Signer(s) 1d personally known to me ❑ proved to me on the basis of satisfactory evidence CRISTINAG.LOPEZ to be the person(s) whose name(s) is/are subscribed Commtsaon#155207b to the within instrument and acknowledged to me that Notary Public.Calltornic he/she/the executed the same in his/her/their fresrw CourNy 61MV y Comm.EvMFeb12. 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. IC Place Notary Seal Above (4 �j Si ature of Notary ublic 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 Title or Type of Document: Document Date. __ _ Number of Pages Signer(s) Othei l han Named Above. Gapacity(ies) Claimed by Signeris) Slgiwt Name. Slunel s NamF F-.,i li( . r. tte.:,' hPr,f, _� ■ t' ..l!f6i i IIIIIIeU (�Fi rir� Allot wF I Pit( i , <.,.� . .�. ,<, c�`ix: <`.,<,. �•G�,r��'[i:;�`�'Y`�C"�c<-L�i;�%( '�<"iZ'�"'�C<'�<:(` r<;<� �e�<;J'{<-��4�-(?`i�,i"�L.ZsZ`.<,� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fye-sym-) ss. on MarCh , 1, before me, Ct i S Y Date Name and Title of Officer(e.g.,1jane Doe,NStary Public") personally appeared 'Dan us A52E2em j �"Name(s)of Signer(s) bd personally known to me CJ 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 CRISTINAG.IoPEZ he/she/they executed the same in his/her/their Commlulon# 1552075 authorized capacity(ies), and that by his/her/their •- Notary Public-California signature(s) on the instrument the person(s), or the Fresno County My Comm.EXPIM Feb 12 Zoog entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. PVace Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document' Document Date: _ _ _. _ _ _ Number of Pages Signers) Othei I han Named Above _ Capacity(les) Claimed by Signers) ,�iynel'� Narllf �iCfnels NarnF l.; ` czit '..iti�;. -i I IIIF�e' � _ ._d(lCi� r.. :)�ilc.fi tlt�Bl`• • • h c'114Bi i II7lr1E-Ct f�E°iwiFtl • s 'J"1( i, I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �✓'[_SIZt7 OnIo, before me, DaeName and T�f Officer(e.6.,"Jane[Yoe,Notary Public") personally appeared IX P 5 Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed cRtsriw►�.�o to the within instrument and acknowledged to me that comminlor # �ss2o�s he/she/they executed the same in his/her/their NCl° ft"k-.-urgy r� Freano County authorized capacity(ies), and that by his/her/their • MVCorrxn.Espebl2 2009 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. Place Notary Seal Above !/1 4� c Stynaturd of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ GeneralElPartner—[ILimited ElGeneral IN"I'MIN ❑ Attorneyin Fact • Top of thumb Here ❑ Attorney In Fact Top of thumb Here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Subdivision Agreement T-5205 Page l b SUBDIVIDER COPPER RIVER RANCH, LLC., a California Limited Liability Company By: Granville Homes, Inc., A California Corporation It's Manager Christ i genf ter sisjAnotiFecretary Robert , Pr lanning and Development CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California { County of YrG3/I c"� ss. On ,24% before me, pw61C [Alf Name and Tit a of Officer(e.g.,"Jane be,Notary Public" personally appeared t4n-9Q..-2 Cc_hkr Name(s)of Signer(s) �q personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRIsnNAG.LOPEz to the within instrument and acknowledged to me that Commission# 1552075 he/she/they executed the same in his/her/their Notary Public-California authorized capacity(ies), and that by his/her/their Fresno County signature(s) on the instrument the person(s), or the emy Comm.EoresFeb12,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above V 3'`1.Q a - Signature of Notary P lic 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ,vo ❑ Partner—L-1 Limited ❑ General ,_. Ll Attorney Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here L-1Trustee 11 Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 T-5205 SUBORDINATION The undersigned as holder!'of the beneficial interest in and under that certain'Deed of Trust recorded on D c- m ber. Zj2 2004, in the office of the Fresno County Recorder, as Document No. 2-004— OL9 1 1150 of which the.Deed of Trust in, by.and between rh I uC a.Ca I rnI' Wnf' l i dl a Trustor, Twny i.nanGl G1 1 TI as Trustee and 1 eneficiary, .7-hereby expressly subordinates said Deed of Trust and.,its beneficial interest thereto to the;foregoing . r Subdivision Agreementfor the final Map of Tract No. 5205.- . . . DATED: Apri t '�'VV'(0. } 1 ' BENEFICIARY By. • . -i-�,iDYY1.GSG • UVa-LYS— V�~ vusi . C pl+xI Go rnP~✓i-�1 - By (Beneficiary to print/type document information, , Name, Title and attach Notary Acknowledgment) i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofA41,4'r/I� On before me, �If yf./ Datg me�-7� 7�5 Naand Title of officer(e.g., Jane Doe,Notary Pu is") personally appeared !I10aG • (.1a�C..Lr Name(s)of Signer(s) �rsonally known to me CHRISTINE S.LINGENFELTER Ci proved to me on the basis of satisfactory evidence ~ COMM.#1380834 --f to be the person(s) whose name(s) is/are subscribed NOTARY PUBLIC•CALIFORNIA to the within instrument and acknowledged to me that FRESNOtlasOCt 2 he/she/the executed the same in his/her/their 40w Comm.Expirras Oct 20,2006 Y 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. Place Notary Seal Above Signatur of No Publi 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 Title or Type of Document: Document Date: _. ^_ _ Number of Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: Individual. Individual Corporate Office: - Title(s) __ Corporate Officer - Title(,,): -_ Partner -- Limitea Caenera! Partner — I imiteo Genera! Attorney it Fact Attorney in Fact ' Tuh nI Ihun,h',r�t. Tni. I rustee i rustee Gksardian or C,a4servatoi Guardian or CnnservaT(-)i I OtI tel Other l Signet Is Nepres( nwmc; Signer Is Representing: I - I ec 2004 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth.CA 91313-2402 Item No 5907 Reorder.Call Toll-Free 1-800-876-6827 T-5205 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 30 , 20,9'1 , in the office of the Fresno County Recorder, as Document No. 2-04-192911#47 911#47 of which the Deed of Trust in, by and between COPP4e el t164-9, PO V6(,0P111EA17-Co uP,9AJY -rhe-. a e4z4ocOeA11 l- , as Trustor, GGaepo .,g r/Z)4/ -7-171-E 0,0,44,419h' , as Trustee and 1-101Z,'W16 I�AP/TA-t- 4QML,- A/ , a IWAI t/ESD771- f�7"NF@SN� Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5205. DATED: /yICN 1 aOdly BENEFICIARY r , E3y: /J --j W 7wUn &.5 Gr. /.�P. 1/ousi.✓G, G ��? CDM�OA'tlf� A- By. /yJiA/,(JESOTffQTit/E0e,'eVYIP (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of FrpSn 0 On Vliil)RX� 1 before me, &jc Ajoa &. L. Z , Datif Name and Title of Officer(e.g., ane Doe,Notary Public") personally appeared ThomQ5 c.- W l)Z , Name(s)of Signer(s) 5d personally known to me -1 proved to me on the basis of satisfactory evidence r►.rto be the person(s) whose name(s) is/are subscribed CRMY1NA G.LAZ to the within instrument and acknowledged to me that Commii#1552075 he/she/they executed the same in his/her/their NoOr'Pubnc'C°mO"wO authorized capacity(ies), and that by his/her/their Fresm County signature(s) on the instrument the person(s), or the 61MY Cam.FxQlresFeb l2'2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above &tai6g,, /a ' Signature of Notary Public �—��— OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ _ Number of Pages: Signer(s) Other Than Named Above: ---,----..---___—_�— ----._ --_-___ -------_ --__---- Capacity(ies) Claimed by Signer(s) Signer's Name: _ -------_--_. Signer's Name: _- Individual Individual Corporate Officer — f itle(s) _ Corporate Officer —Title(s): Partner— L invited General Partner Limited Genera! Attorney in Fact I ); Attorney in Fac? Trustee I rustee Gt.awiar) ,.)I ura,,vatcr Guardian cr (;(anservaior utf)tt - curler Signer Is Fippresunhn(l ! Signer Is Representing. i 2004 Nal on)i Nr r y hr Soh,Ave P I) R1, 240?•CAmI,,w,ith CA 41:31&2402 ft—No 5)0- RF Coll L,U Fr0e 1 WO 679 aA-, T-5205 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Lkftker ,31 , 2004, in the office of the Fresno County Recorder, as Document No.o26D4— 02—q//51 of which the Deed,of Trust in, by and between �o�yep R�'ver RaBch, �s-G� Z Ca 14qrr,iiju ll m l i-Cd lla bs ll co mpmryA /r ifDl'!?�, as`rrustor, rpor2Y-16 0 �'1? , f ft a{r a C r-shje and Cvnso/; - cbrr1 la, - li �� YY1I Beneficiary, Corpe)rA.�-c-)r") hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5205. DATED: 14AX07 BENEFICIARY By: W i l l i a.rn R. 7-a.4*aM, SR , By: ; 14,1„'" (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `�` '� r-'� '^�_fin„ ,(_<z'rSY�`�.'S.`�:r.` ,�..y•." �. _. -t-CGt 1'r� =�'i< 5�',:<"'� ^..�n-�L ..',:``„ -._..,ti<.�,i}G,<.�.��. State of California County of F✓e-y an ss. On to , before me, � c7fi� � Q 2, G)Dfa/'(j Date Name and itle of Office (e.g.,"Jifne Doe,Notary Publi ) personally appeared it 0r/`7 )2_ 7Q✓`Hi d -7 Name(s)of Signer(s) Apersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRISTINAG.LOPEZ to the within instrument and acknowledged to me that Commbslon#1552075 he/she/they executed the same in his/her/their Notary Public-CCMwoo authorized capacity(ies), and that by his/her/their Ffesno County signature(s) on the instrument the person(s), or the My COMM.EVMes Feb 12,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above r 1/C/ Q a -i Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General Hill" ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact y ❑ Attorney in Fact ' Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No_5907 Reorder:Call Toll-Free 1-800-876-6827 4 , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X� State of California ss. County of p7i/'10_-sric7 /n+ I- On ZID��i before me, l��1 �,4i, l� t�'!i � �G ate Name and Titig of Officer(e. Jane boe,Notary Publi ) personally appeared AC tiAe,/ r QAa oal Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRISTaa G.iofEz to the within instrument and acknowledged to me that Commisslon# 1552075 he/she/they executed the same in his/her/their Notary PubNc-Callfomlo Fresno County authorized capacity(ies), and that by his/her/their My comm.FxOesFeb 12,2poq 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. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General El Attorney in Fact El Attorney in Fact 50410111100. y Top of thumb here y h Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 T-5205 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on 30 , 20_x, in the office of the Fresno County Recorder, as Document No. A044-x.29!/S.S of which the Deed of Trust in, by and between ��PE2 .Q/!/F,,�' I� IJELOs�I�'I'JE�tJ`�- CfiiNPJ =NC• a C' i�=yy.eit�i� , as Trustor, CU�'Po�Tio�,i as Trustee and (nq'z-'Pk/dm G/m i Ted , Beneficiary, 2W*014-1 Ty 7-x9, W hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5205. DATED: BENEFICIARY By: A�r�zl 67&4,"y h-V ptx-A By: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �^.cf>-: -- - ,;�.c=c>.c�?,4^F`.Fc^,cl^- �'�`-.. .,crc4`Cf'.�=F- � � ,cM,F:c>,r^�.c�,cc',r�`�,rR,c�,`��-�.r.M.cc>.s=:t`.c:c,et^�=�%•� �•�-�+�..n�. State of California ss. County of P f e�pr1 to On MeLe-da. 31. 2-00u, before me, [�(`i'n47i G . knoL>Z A) k---'V oi,W l,C Date Name and Title of Officer( ,g.,"Jane Doe,Notary Publi ') personally appeared �te j , Na e(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed CRIS MG.LOPEZ to the within instrument and acknowledged to me that Commwgon#1564075 he/she/they executed the same in his/her/their y W*NY R11131C-Ca"00 authorized capacity(ies), and that by his/her/their ifrOMC"* signature(s) on the instrument the person(s), or the My cw".810 F012.204entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Abovef i � 6d�2 � Signature of Notary Publics 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ Ll Partner—[I Limited Ll General WINNI❑ Attorney in Fact El Attorney in Fact Top of thumb here y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ry-e-5n ss. n r On dy 3�, � o, before me, (a^lZ2 rim brtLQ.Z A�)4-tv li 41i4IC Date r Name and Title o officer(e.g Ane Doe,Aotary Public") personally appeared Name(s)of Signer(s) Apersonally known to me ❑ 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 CRISTWAG.LOPEZ he/she/they executed the same in his/her/their Commtsalon#r 1552075 authorized capacity(ies), and that by his/her/their -: Notary P kft-CoNforrda FresmCornt�, signature(s) on the instrument the person(s), or the a0AyComm.E4trefireb12,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITN - i ///ESS myhandand official seal. Place Notary Seal Above / A'/1 R ;A G b G�F-� Signature of o1�t tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—El Limited ❑ General ❑ Attorneyin Fact - • '- Top of thumb here ❑ Attorney in Fact Top of thumb here El Trustee L-1 Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: r; Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On April 7, 2006 before me, Elvia Sommerville , Assistant Public Deputy City Clerk, personally appeared Michael T. (M.T.) Kirn, Works Director personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(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(s) the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC CITY CLERK By DEPUTY K:\CONSULTANT SERVICES-URSIURS T-5205\AgmtDocs\Subdivision Agreement T-5205 v03-31-06.wpd EXHIBIT A Subdivision Agreement for Tract 5205 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $1,059,195 Well Construction Cost Estimate $250,000 Sewer System Construction Cost Estimate $1,021,875 Street& Storm Drain Construction Cost Estimate $8,810,439 Final Cost Estimate (for Inspection Fee purposes) iF $11,141,50911 349 Landmarks, Monuments, Lot& Block Corners ($50/ea) $17,450 Lump Sum Landmarks, Monuments, Lot& Block Corners (Outlots, etc.) $40,000 Sub-Total (for bonding purposes) $11,198,959 Construction Contingency(10%) $1,119,896 TOTAL COST ESTIMATE* (for improvement securities purposes) $12,318,855 $12,319,000 * 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 $11,703,000 5% of amount shall be in cash or a Certificate of Deposit $616,000 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 $6,159,500 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 acce)tance 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 $4,000 0.5% of amount over$500,000 $59,100 Minimum amount $68,100 EXHIBIT A v4/28/00 Prepared By: Frank Date: 03/29/06 Print Date:03/29/06 3:05:44 PM Pagel of 1 "EXHIBIT B Subdivision Agreement for Copper River Ranch Tract 5205 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $11 141,509 Final Cost Estimate over$500K $457,094.87 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $133,793.00 Less Inspection Fees paid with Early Street Construction Agreement $323,302.00 inspection Fee 0. 0 $0.00 2. MONUMENT CHECK FEE 136 Lots and Outlots @ $30.00 per Lot 4,0 0.00 $4,080.00 (Min$200) 3. STREET SIGNS Street Name Sign sets @ $173.00 per set na nal Warning/Regulatory signs @ $77.00 sign na nal 4. STREET TREES 147 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4,410.00 $4,410.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& 0 replacement of Stamped Concrete Paving @ $20.00 per SF na nal 6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6) Lum Sum Charge as established by Public Works Director na nal 7. SPECIAL MITIGATION MEASURES (a Develo er's roportionate cost cash-in-lieu Lump Sum Cash-in-lieu for off-site street improvements within the City's jurisdiction. 1 $365,998.00 (b Develo er's roportionate cost joint account Lump Sum Off-site street improvements outside the City's jurisdiction. $50,013.00 Total F $416.01 1.00 $416,011.00 B. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2111) Lots(anticipated maintenance cost) @ $0.00 per Lot na 9. IRRIGATION PIPELINE(one-time maintenance fee) L�Lineal Feet @ $5.00 per LF na nal TOTAL MISCELLANEOUS FEES&CHARGES $424,501.00 $424,501.00 EXHIBIT B v11101/01 Printed 03/30/06 1:33:51 PM Page 1 of 4 "EXHIBIT B Subdivision Agreement for Copper River Ranch Tract 5205 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS S FEES TO BE DEFERRED 34.5600 Gross Acres 31.7654 Adjusted Gross Acres(AG Ac); excludes Area of Arterial R Collector Streets 134 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES FMFCD Drainage Area 0.0000 Acres per FMFCD @ $0 per Acre na Local Drainage Fee 1 $0.001 $0.00 (131) (131)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge 0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF (b)Oversize Sewer Charge UGM Reimbursement Area Frontage: N.Copper River Avenue 109,600 SF Frontage: E.Riverbank Avenue 119,600 SF Frontage: N.Cedar Avenue I 37 800 SF Total Square Feet 267, 0 SF 267 000 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $13,350.00 Less estimated Oversize Credits $71,437.00 Less estimated Overdepth Credits $70 904.00 Oversize Sewer Charge 0. 0 $0.00 ` Paid w/Credits ` Fee Due for Lots under Early Issuance of Building Permits Agreement (cTrunk Sewer Charge Herndon Trunk Sewer Service Area 134 Units @ $496.00 per Unit 4 4. $66,464.00 (d)Copper River Trunk Sewer Charge fee for interior collections stem of Co or River Ranch 134 Units @ $135.00 per Unit L W rv'v�v.vv� $18,090.00 (e)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 Unit(FMC 9-503-b) ( Sewer Cape ity Enhancement Charge Herndon Trunk Sewer Service Area 1341 Units @ $873.00 per Unit ( Copper Avenue Sewer Lift Station Benefit Service Area Charge 134 Units @ $650.00 per Unit $87,100.001 F____$2__6_,6_50_0T01- 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 50124/50418 Estimate Number 5028/5051 1 Water Job Number Estimated Deposit(FMC 14-111-f) 1 0I $0.001(B3) (133) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 91 1"Meters to existing services @ 1 $330.00 each 30,030.001 $0.00 $30,030.00 2 1-1/2"Meters to existing services @ $455.00 each 1 $0.00 $910.00 EXHIBIT B v11/01101 Printed 03/30/06 1:33:51 PM Page 2 of 4 "EXHIBIT B Subdivision Agreement for Copper River Ranch Tract 5205 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (b2 Landscape Service Connection Charges ��2"Meters to existing services @ $530.00 each 2,65 .00 $2,650.00 (c)Frontage Charge 0 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na (d)Transmission Grid Main Charge A UGM Reimbursement Area 34.5600 Gross Acres @ $643.00 per Gr Acre $22,222.08 Less Estimated TGM Construction Credits $144,950.00 Transmission Grid Main Charge $0.001. Paid w/Credits (e)Transmission Grid Main Bond Debt Service Charge 34.5600 Gross Acres @ $243.00 per Gr Acre $8,398.08 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge 8, 9 .08 $2,571.3D* $5,826.70 ( UGM Water Supply Fee 101-S Supply Well Service Area 134 Living Units(residential) @ $456.00 per Unit $61,104.00 Less Estimated UGM Water Supply Fee Construction Credits $250 000.00 UGM Water Supply Fee 0. 0 Paid w/Credits ( Well Head Treatment Fee 101 Well Head Treatment Service Area 134 Living Units(residential) @ $0.00 per Unit (h)Recharge Fee 1011 Recharge Service Area 134 Living Units(residential) @ $0.00 per Unit (i)ig94 Bond Debt Service Fee 101 1994 Bond Debt Service Fee Service Area 1341 Living Units(residential) @F___$_8_9_5_00j per Unit $119,930.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee 11 0 $36,695.00- 4. $83,235.00 4. CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS (a)FIRE IMPACT FEE 134 Living Units(residential) @ $539.00 per Unit $72,226.00 Fire Impact Fee $72,226.00 $22,099.00* $50,127.00 (b)PARK FACILITY IMPACT FEE 134 Living Units(residential) @ $3,398.00 per Unit $455,332.00 Park Facility Impact Fee 55,332.00 $139,318.001- $316,014.00 (c)REGIONAL STREET IMPACT FEE 134 Living Units(residential) @ $549.00 per Unit $73,566.00 Less Estimated Regional Street Impact Fee Construction Credits $1,023,280.00 Regional Street Impact Fee 0.00 $0.001. Paid w/Credits EXHIBIT B v11/01/01 Printed 03/30/06 1:33:51 PM Page 3 of 4 V "EXHIBIT B Subdivision Agreement for Copper River Ranch Tract 5205 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (d)LOCAL MAJOR REGIONAL STREET IMPACT FEE 134 Living Units(residential) @ $1,522.00 per Unit $203,948.00 Local Major Regional Street Impact Fee 203,948.00 $62,402.001- (a) 62,402.00 -(e)SPECIAL INTERIOR COLLECTOR STREET IMPACT FEE for Cor River Ranch 134 Living Units(residential) @ $4,685.00 per Unit $627,790.00 Special Interior Collector Street Impact Fee 627,790.00 $192,085.00* $435,705.00 ( QUIMBY PARKLAND DEDICATION FEE 134 Living Units(residential) @ $0.00 per Unit Quimby Parkland Dedication Fee 0.00 $0.00 - POLICE FACILITIES IMPACT FEE 134 Living Units(residential) @ $624.00 per Unit $83,616.00 Police Facilities Impact Fee > > $25,584.00- (h) $58,032.00 (h)TRAFFIC SIGNAL CHARGE 134 Living Units(residential) @ $414.69 per Unit $55,568.46 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge 41 $17,002.291* $38,566.17 (f)POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits Northeast Fresno Service Area 134 Residential Living Units @ $85.00 per Unit Total Impact Fees&Charges $1,966,634.54 $728,592.67 $1,220,441.87 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $424,501.00 TOTAL(B) IMPACT FEES&CHARGES $728,592.67 $1,220,441.87 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $1,153,093.67 EXHIBIT 8 v11/01/01 Printed 03130/06 1:33:51 PM Page 4 of 4