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T-6131 - Agreement/Covenant - Subdivision Agreement - 8/29/2017
_, 33 RECORDING REQUESTED BY IIII III I IIII II II II IIII I III II lil IIII IIII II Illil AND WHEN RECORDED MAIL TO: ; FRESNO County Recorder Paul Dictos, C,P,A, City Clerk DOC— 2017-0108487 City of Fresno Acct 8003-North American Title Concord Fresno Street Fres Tuesday, AUG 29, 2017 08:00:00 Fresno, CA 93721-3603 Ttl Pd $153,00 Rcpt # 0004834218 RGR/R4/3-33 NO-FEE-Government Code 6103 - City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 12109 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 6131, PHASE 1 OF VESTING TENTATIVE MAP NO. 6131 1 1 , t Subdivision Agreement Final Map of Tract No. 6131 Page 2 THIS AGREEMENT is made this ��lk day of 4 G G u S i 20 /'7 , by and between the City of Fresno,a Municipal Corporation, hereinafter designated and called the"City," and, LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, 8080 North Palm Avenue, Suite 110, Fresno, CA 93711, as Developer and P.R. FARMS, INCORPORATED, a California Corporation, 2917 East Shepherd Avenue, Clovis, CA 93619, as Owner hereinafter designated and called the "Subdivider,"without regard for number or gender. RECITALS A. The Subdivider has filed with the City,a Final Map which proposes the subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno, State of California, dividing the real property more particularly described as follows: Lots 1 through 181, inclusive and Outlot A of the Final Map of Tract No. 6131 according to the map thereof recorded on Aa&Asi 2 9. .210/7 ,in Volume of Plats at Page(s) g+ham 14, Fresno County Records. 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 15-3806 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. 6131 dated October 5, 2016 issued by the City and any amendments thereto (hereinafter referred to as "Conditions of Approval", hereinafter 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 Final Map which may ripen into a fee have subordinated to this instrument and that all such Subdivision Agreement Final Map of Tract No. 6131 Page 3 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 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. C. 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 Chapter 5, Part 9 of Title 24 of California Code of regulations relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met. 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. d. 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. e. 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 ' 1 Subdivision Agreement Final Map of Tract No. 6131 Page 4 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 ("Improvements"), more specifically shown on the referenced plans which are incorporated by reference and made a part of this Agreement, shall be done in accordance with the construction standards contained in the most current 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 engineering, inspection and testing. The construction cost estimates, and corresponding Improvement and warranty security requirements for these Improvements are set forth in Exhibit"A"which is incorporated by reference. 3. The 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 1 Subdivision Agreement Final Map of Tract No. 6131 Page 5 City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 6,Article 5 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 6,Article 3 of the Fresno Municipal Code and all applicable charges shall apply. e. All storm water runoff and other surface drainage shall be discharged in accordance with the California Building Code as may be amended and City approval of a storm drainage and grading plan obtained by the Subdivider. 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 drainage 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. The Subdivider shall maintain these temporary storm drainage basins so as not to create a nuisance as defined by Section 10-605 of the Fresno Municipal Code or California Law until such time as the City Engineer provides official notice to the Subdivider, its successors or assignees, that these temporary storm drainage basins are no longer required. This term shall survive the termination or expiration of this Agreement. h. "Wet-Ties" (i.e., the physical connection of newly constructed water system facilities to the existing water system facilities already in service) shall be in accordance with Chapter 6, Article 5 of the Fresno Municipal Code. The amounts identified 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, Subdivision Agreement Final Map of Tract No. 6131 Page 6 irrigation system and certain miscellaneous improvements in accordance with the approved improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the designated easements or areas required in the Conditions of Approval and delineated on the Final Map. The improvement plans for such landscaping, irrigation system and miscellaneous improvements 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 Director, except that for improvements to be maintained by a City Community Facilities District("CFD"), such improvement plans shall be approved by the City Engineer. j. Perform and construct all work shown on the following construction plans and any amendments thereto, unless specifically omitted herein. i. City Drawing Nos: 10-C-11580 through 10-C-11592 inclusive(sewer and water), 15-C-17046 through 15-C-17060Z inclusive (street and landscaping),4-C-1483 through 4-C-1484 inclusive(street lighting)and 4-E- 2647 through 4-E-2648 inclusive (traffic signal). ii. Fresno Metropolitan Flood Control District Drawing Nos: BV-X-1 through BV-X-8 inclusive. Install and complete all other street improvements required by Section 15-3804 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 Fresno Municipal Code 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 the amounts 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 have not been completed at the time of execution of this Agreement, the actual cost of �9 Subdivision Agreement Final Map of Tract No. 6131 Page 7 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. With regard to fee credits including those referenced above and herein, Subdivider may receive designated fee credits from the City as offsets toward a UGM or development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdivider acknowledges and agrees any such fee credits are provided contingent upon the City accepting required infrastructure improvements completely installed by Subdivider. Until then, and notwithstanding any other provision, Subdivider expressly agrees Subdivider has no right to any portion of any fee credit and the Director of Public Works for the City, in the Director's sole discretion, may unilaterally amend this Agreement effective upon mailed notice to Subdivider to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any UGM or development impact fees, due from modification of the fee credit, prior to approval of the subdivision map or as may be deferred by a fee deferral covenant. If the subdivision map has already been approved and there is no applicable fee deferral covenant, all such fees shall be promptly paid by Subdivider. The City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute. 4. It is agreed that the City shall inspect all Improvements. All of the 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 Subdivision Agreement Final Map of Tract No. 6131 Page 8 construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, 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 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 set forth in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of the City and on forms furnished or approved by the City, Certificates of Deposit that is made payable only to the City of Fresno in a form acceptable to the City Attorney's office. a. PERFORMANCE SECURITY. The total amount shall equal 100% of the final Cost Estimate, as approved by the City Engineer, 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 certificate of deposit that is made payable only to the City of Fresno ; and ii. 5% of the final Cost Estimate shall be in cash or a certificate of deposit that is made payable only to the City of Fresno. b. PAYMENT SECURITY. The total amount shall equal 50% of the final Cost Estimate, as approved by the City Engineer, 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 certificate of deposit that is made payable only to the City of Fresno . C. Any and all other improvement security as required by Section 15-3806 of the Fresno Municipal Code. d. Subject to the requirements of Resolution No. 2008-100 adopted by the City Subdivision Agreement Final Map of Tract No. 6131 Page 9 Council on May 6, 2008, the Subdivider may request a one-time partial acceptance, for maintenance only, of public improvements required by this agreement that the Subdivider has constructed, to reduce the amount of the Performance Security required by this Agreement. At the time of the City's partial acceptance, the City and Subdivider shall enter into an amendment to this Agreement reducing the Performance Security to an amount consistent with`the requirements of Resolution No. 2008-100 required by this Agreement. The City shall not release any of the original Performance Security or execute the Amendment to this Agreement until such time as the Subdivider has provided the Performance Security required by the Amendment. 6. Any damage to the work and improvements constructed pursuant to this agreement that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before any securities are released or the final acceptance of the completed work. 7. The Subdivider shall remedy any defective work or labor or any defective materials relating to the Improvements and pay for any damage to other work or improvements resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the Improvements. 8. To insure the Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a warranty security shall be furnished to or existing securities retained by the City, in the minimum amount identified in said Exhibit A, as a 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 15-3806 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 released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the subdivision Improvements. 9. 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 Final Map of Tract No. 6131 Page 10 10. Indemnification. a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,tort or strict liability, including but not limited to personal injury,death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims,demands and actions in law or equity(including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff's or petitioner's attorney's fees if awarded, in connection with City's defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii)the performance or installation of the work or improvements by Subdivider and Subdivider's employees, officers,agents,contractors or subcontractors;(iv)the design, installation, operation, removal or maintenance of the work and improvements; or(v)City's granting, issuing or approving use of this Agreement. b. Subdivider's obligations underthe preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability,fines, penalties,forfeitures,costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. C. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a" and "b" of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,forfeitures,costs and damages(whether in contract,tort or strict liability, including but not limited to personal injury, death at any time and property damage),and from any and all claims, demands and actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. �0 Subdivision Agreement Final Map of Tract No. 6131 Page 11 d. 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 Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. e. This Section shall survive termination or expiration of this Agreement. 11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall'be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations,contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivision Agreement Final Map of Tract No. 6131 Page 12 Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers,officials, agents,employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage,either(i)the policy(ies)shall be endorsed to provide not less than a five (5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. \ry Subdivision Agreement Final Map of Tract No. 6131 Page 13 The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed underthis Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials, employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs,except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind,and for amounts due under the Unemployment Subdivision Agreement Final Map of Tract No. 6131 Page 14 Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, entitled "Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdivider shall complywith Street, Plumbing, Building, Electrical,Zoning Codes and any other codes or ordinances of the City. 15. 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 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. 16. Whenever the Subdivider varies the period during which work is carried on each day, it 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 City Engineerwill be subject to rejection. The inspection of the Improvements shall not relieve the Subdivider of any obligation 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 City Engineer or City Inspector and accepted. 17. 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 1�a Subdivision Agreement Final Map of Tract No. 6131 Page 15 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 in strict compliance with all rules and regulations established by the San Joaquin Valley Air Pollution Control Board. 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 ("Notice to Comply") with the provisions of this paragraph forthwith. If in the opinion of the City Engineer the Subdivider's failure to comply with the provisions of this paragraph is having an immediate and significant impact on the public's health, safety and welfare, the City Engineer may immediately issue a stop work order until the City receives reasonable assurances that the Subdivider shall comply with the provisions of this paragraph forthwith. Such notices and stop-work orders 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 notices and stop-work orders may be mailed to the Subdivider at his address on file with the City Engineer. If the City Engineer has issued a Notice to Comply and 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 it 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 therefore,the entire cost to City of such sprinkling or treating. 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 Subdivision Agreement Final Map of Tract No. 6131 Page 16 commencement and final completion, and adequate dust control shall be maintained during these operations. 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed under ground shall be completed in the streets and alleys before starting the street and alley surfacing. 19. 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. 20. 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. 21. In addition to the following Covenants Affecting Land Development: a. Maintenance of Certain Public Improvements b. Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees, City-wide fees, and Development Fees c. Relinquishing Access Rights to Outlot A d. Sanitary Sewer Capacity in the Fowler Avenue Trunk Sewer and Deferring Payment of Interim Fee Surety e. Special Solid Waste Disposal Services for Certain Lots as referenced on the Final Map and this Agreement, Subdivider shall comply with all of the Conditions of Approvals that it has not already fully complied with as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement, including but not limited to, any condition to convey to a specific party a fee interest or easement in any parcels, upon Subdivider's completion of all required improvements to said parcels. Subdivider's compliance with such conditions shall be completed within a reasonable time, as determined by the City, after receiving written notice from the City Engineer of the outstanding condition or term with which the ��9 Subdivision Agreement Final Map of Tract No. 6131 Page 17 Subdivider is required to comply. 22. In performing its obligations set forth in this Agreement, Subdivider shall complywith all applicable laws, regulations,and rules of the governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider, not the City, is responsible for determining applicability of and compliance with all local, state, and federal laws including,without limitation,the California Labor Code, Public Contract Code, Public Resources Code, Health&Safety Code,Government Code,the City Charter, and Fresno Municipal Code. The City makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties' respective rights or obligations hereunder including,without limitation, payment of prevailing wages,competitive bidding,subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity, to any person for Subdivider's failure to comply with any such laws, whether the City knew or should have known of the need for Subdivider to comply, or whether the City failed to notify Subdivider of the need to comply. The Subdivider is referred to the City's Department of Public Works, Construction Management Division to obtain the current prevailing wage rates, to the extent said rates are applicable to the construction of any of the Improvements. 23. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals'fees and expenses,attorneys,consultantsfees and expenses,expertwitness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law,and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees. Subdivision Agreement Final Map of Tract No. 6131 Page 18 24. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 25. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 27. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. Subdivision Agreement Final Map of Tract No. 6131 Page 19 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER (Developer) a Municipal Corporation LENNAR HOMES OF CALIFORNIA, INC., Public Works Department A California Corporation Scott Mozier, P.E., Director By: By: Andrew J. Ben , P.E., Assistant birector Mike Miller, Vice President SUBDIVIDER (Owner) P.R. FARMS, INCORPORATED, A California Corporation APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney Patrick V. Ricc i, resident By: ry Raterman-Doidge Deputy City Attorney Date: I :z (Attach Notary Acknowledgments) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno ) On �_/�>it��o?�a0/� before me, _ Christine Collins. Notary Public (insert name and title of the officer) personally appeared Mike Miller , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRISTINE Col-LINs Commission#2131344 iIs Notary Public-CaliforniaFresno County My Comm. Expires Nov 7,2019 Signature (Seal) ,�u A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Fresno ) On June 29, 2017, before me, Isabel F. Trejo, a Notary Public, personally appeared PATRICK V. RICCHIUI'I, who 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(les) 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. I certify-under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ISABEIF TREdo Commission 0 2127889 i -o Notary Public-California Z z Fresno County Signature: , _ My Comm.Mires Oct 21,2019+ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document CLERK'S CERTIFICATION State of California ) County of Fresno ) On August 7, 2017 before me, Cherisea Barnes, Deputy City Clerk, personally appeared, Andrew J. Bene lli, P.E., Assistant Director of Public Works of the City of Fresno, who 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 sighature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I.certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal YVONNE SPENCE, CMC City Clerk, City of Fresno of F# � o • � e !q tiV DA 1 ,TED OLt•1 By Deputy 2011 N �1r SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. 2016-0081788-00 of which the Deed of Trust in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOMATE PACKING CO., INC., a California corporation; PALOMATE PACKING CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick Vincent Ricchiuti Family Trust, all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Trustee; and CENTRAL VALLEY COMMUNITY. BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 6131, Phase l of Vesting Tentative Map No. 6131. tluGvsT Dated: Jt 4y- 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a California corporation By: ,� cam- Name: Irk r! se (e CA&r^,A Its: CW w CCe By: Name: Its: (Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment) v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��.r�.,c-(i�n.,�`,�F,r•,r,(•-. - _ :. -.•.�f�"� - - - -- __. . . .;•�., �•�^`�S`���C��c;�n-�n�>,�:lti;!•,i-:C:�r�.r n� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California^� ) Cou On - Iv /—? before me, 4_�nvo vl'C 2Nn 4 b(l cl,- , Date X Here Insert Name and Title of thb Officer personally appeared ��" ► ��� ���� � Name s of Si ner(s) who proved to me on the basis of satisfactory evidence to be the persor$q�_.whose namA is/a A4- subscribed to the within instrument and acknowledged to me that he/executed the same in his/herftl7str authorized capacity(04,-and that by his/h&Wtlieir signatureof-aft the instrument the persoaoq _ or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and official seal. A.MARIE PEREZ Commission #2136938 Z • Notary Public California i Signature = Fresno County M Comm.Ex fres Dec 14,2019 J ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: �(�(h� � Grp Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual. 17 Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.Nationa[Notary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 ti� SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on June 24, 2016, in the office of the Fresno County Recorder, as Document No. . 2016-0081789-00 of which the Deed of Trust in, by and between P.R. FARMS, INCORPORATED, a California corporation; P-R FARMS, INCORPORATED; P-R FARMS, INC., a California corporation; P-R FARMS, INCORPORATED, a California corporation; P.R. FARMS, INC., a California corporation; PALOM.ATE PACKING CO., INC., a California corporation; PALOMATE .PACKING CO., INC.; and PATRICK V. RICCHIUTI, as trustee of the Patrick Vincent Ricchiuti Family Trust, all collectively referred to as Trustor; CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Trustee; and CENTRAL VALLEY COMMUNITY BANK, a California corporation, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest hereto to the foregoing Subdivision Agreement for the Final Map of"[Tact No. 6131, Phase 1 of Vesting Tentative Map No. 6131. ,gUGUsT Dated: / , 2017 "Beneficiary" CENTRAL VALLEY COMMUNITY BANK, a California corporation Name: JQA-FtWe C)/,n1%^t3 Its: i;OY d- C Cc By: Name: Its: (Beneficiaty to print/type document information, Name, Title and attach Notary Acknowledgment) 'Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :r,�rpec=.c,=�.,�a�rss,�c.�c..=:c.M.�c�rss,��c�c.,=_c..=c.sx,�r•,�c�x,�c�;r��rfr..�c.M.�-c,�.r..�=ca-:cs:rsx6xecs ,�:cr-:.c,�c;�ca A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califor ) County of On �� �� 1-7 before me, �• ,� �� ��,I�'�I Date PAQ-yj Here Insert Name and Title of the Officer personally appeared aC— s who proved to me on the basis of satisfactory evidence to be the person0s4 whose name(-is/ag subscribed to the within instrument and acknowledged to me that he/s4eA4 p•executed the same in his/herltLair-authorized capacity(iy4,and that by his/heW+heir signaturejj4-on the instrument the personK or the entity upon behalf of which the persono4zcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TOM A.MARIE PERE Commission#►2136998 �• { amy Notary:Public -California Signature sFresno County Signature of Notary ublic Comm.Expires Dec 14,2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document / !� Title or Type of Document: x(4Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): C:.1 Partner — I-, Limited 1.-.1 General 1F1 Partner — I::1 Limited ❑ General I-1 Individual J Attorney in Fact IJ Individual 1.7 Attorney in Fact 1-1 Trustee Guardian or Conservator I-1 Trustee CI Guardian or Conservator 1-1 Other: CI Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ti EXHIBIT A Subdivision Agreement for Tract No. 6131 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $393,377 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $324,740 Storm Drain Construction Cost Estimate $180,065 Street Construction Cost Estimate $2,900,000 Final Cost Estimate(for Inspection Fee purposes) $3,798,182 433 Landmarks, Monuments, Lot& Block Corners ($50/ea) $21,650 Sub-Total (for bonding purposes) $3,819,832 Construction Contingency(10%) $381,983 TOTAL COST ESTIMATE* (for improvement securities purposes) $4,201,815 $4,202,000 *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 certificate of deposit $3,992,000 5% of amount shall be in cash or a Certificate of Deposit made payable to the City of Fresno. $210,000 Payment Security (50%of Total Cost Estimate) 100%of amount shall be in the form of a bond by duly authorized corporate sureties or certificate of deposit $2,101,000 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 1 $0 C. WARRANTY SECURITY REQUIREMENT*(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 $4,000 0.5%of amount over$500,000 $18,500 Minimum amount $27,500 EXHIBIT A A/28100 Prepared By: Frank Date: 05/22/17 Print Date:05/22/17 4:16:40 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $3,798,1821 Final Cost Estimate over$500K $109,627.00 (S20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $37,118.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee (Acct./Fund/Org.34555-10101-180423) $72,509.00 $72,509.00 2. MONUMENT CHECK FEE 184 Lots and Outlots @ $30.00 per Lot $5,520.00 $5,520.00 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set na r1a 01 Warning/Regulatory signs @ $77.00 sign 1a ne 4. STREET TREES 181 Inspection Fee(when planted by subdivider) @ S30.00 per Tree $5,430.00 $5,430.00 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 Lump Sum Charge as established by Public Works Director na a 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-11,Annexation No.80) Anticipated Operational Maintenance Costs: Lump Sum Landscaping Operational Costs $38,406.001 1 $38,406.00 Lump Sum Other Operational Costs $1,206.00 $1,206.00 Lump Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.001 $305.00 Public Works Total $39.917.001 $39,917.00 S453.13 Estimated assessment per Lot(information only) 7. STREET PLAN CHECK FEES Lump Sum Account/Fund/Org.:34552-10101-180201 $17,853.00 $17,853.00 TOTAL MISCELLANEOUS FEES&CHARGES $141,229.00 $141,229.00 EXHIBIT B v3/14/06 Printed 06/07/17 11:34:35 AM Page 1 of 6 EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY B. IMPACT FEES,CONSTRUCTION CREDITS& FEES TO BE DEFERRED 34.4233 Gross Acres 32.7807 Net Acres 32.7807 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 181 Units(residential) RS-5 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES BV FM FCD Drainage Area 34.4224 Acres per FMFCD @ $6,520 per Acre $224,434.00 Less Preliminary Credit per FMFCD memo dated 6/6/2017 S74,000.UU Local Drainage Fee 150,434.OU 150,434.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage' N.Armstron Avenue 60,700 SF Frontage N.FowlerAvenue 60,700 SF Total Square Feet 121,400 SF 121,400 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $12,140.00 Less estimated Lateral Sewer Charge Credits $0.00 Lateral Sewer Charge12,140.00 $00-01 $12,140.001 (b)Oversize Sewer Charge UGM Reimbursement Area Frontage:IN.Armsironq Avenue 60,700 SF Frontage N.Fowler Avenue 60,700 SF Total Square Feet 121,400 SF 121,400 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $6,070.00 Less estimated Oversize Credits $0.00 Less estimated Overdepth Credits $0.00 Oversize Sewer Charge $00-01 $6,070.00 EXHIBIT B v3/14/08 Printed 06/07/17 11:34 35 AM Page 2 of 6 �9 EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY (c)Trunk Sewer Charge Fowler Trunk Sewer Service Area 181 Units @ $344.00 per Unit' 62,264.00 $62,264.00 (d)Wastewater Facilities Charge 181 Units @ $2,119.00 per Unit $383,539.00 $383,539.00 Fee to be paid at the rate in effect at time of issuance of building permit. (FMC 6-304(a)(5)) ( Fowler Trunk Sewer Interim Fee Surety 0 181 Units @ $574.00 per Unit $0.00 $103,894.00 Payable at the rate in effect at time of issuance of Certificate of Occupancy.The fee rate currently in effect is S574 per Living Unit or Living Unit Equivlent. 3. WATER CONNECTION CHARGES (a Time 8 Material Charges("Wet-Tie") 2017 0131 Estimate Number 5664 Water Job Number Estimated Deposit(FMC 14-111-f) 26,200.00 $02](B3) (133) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 181 1"Meters to existing services @ $330.00 each $59,730.00 $0.00 1 $59,730.00 (b2)La-ndsc�ape Service Connection Charges 312"Meters to existing services @ $530.00 each $1,590.OU $1,590.00 (c)Frontage Char e Frontage-IN.Armstronq Avenue 607 LF Frontage:IN.Fowler Avenue 607 LF Sub-Total Lineal Feet(full rate) 1,214 LF 1,214 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $7,891.00 Less estimated Frontage Charge Credits Frontage Charge $7,891.00 $0.00 $7,891.00 EXHIBIT B v3/14108 Printed 06/07/17 11:34:36 AM Page 3 of 6 �O EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY (d)Transmission Grid Main Charge E UGM Reimbursement Area 34.4233 Gross Acres @ $643.00 per Gr Acre S22,134.18 Less Estimated TGM Construction Credits $0.00 Transmission Grid Main Charge $22,134.18 SO.00 $22,134.18 (e)Transmission Grid Main Bond Debt Service Charge 34.4233 Gross Acres @ $243.00 per Gr Acre $8,364.86 Less Estimated TGM Bond Debt Service Charge Credits $0.00 Transmission Grid Main Bond Debt Service Charge8,364.86 $0.00 $8,364.86 (f)UGM Water Supply Fee 501-S Supply Well Service Area 181 Living Units(residential) @ 51,738.00 per Unit 5314,578.00 Less Estimated UGM Water Supply Fee Construction Credits S0.00 UGM Water Supply Fee 314, $314,578.7071 ( Well Head Treatment Fee 501 Well Head Treatment Service Area 181 Living Units(residential) @ $79.00 per Unit $14,299.00 Less Estimated Well Head Treatment Fee Construction Credits 50.00 Well Head Treatment Fee $14,299.0011 1 $114,299.zo] (h)Rechar a Fee 501 Recharge Service Area 181 Living Units(residential) @ $56.00 per Unit 510,136.00 Less Estimated Recharge Fee Construction Credits $0.00 Recharge Fee $10,136.00 $10,136.00 EXHIBIT B v3/14/08 Printed 06/07/17 11:34:36 AM Paye 4 of 6 EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY (i)1994 Bond Debt Service Fee 501 1994 Bond Debt Service Fee Service Area 181 Living Units(residential) @ $93.00 per Unit 516,833.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee $16,833.00 $0.0-01 $16,833.00 4. CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS (a FIR) E FACILITIES IMPACT FEE 0181 Living Units(residential) @ 5539.00 per Unit $97,559.00 Fire Impact Fee $97,559.00 1 $0.001 1 $97,559.00 t (b)PARK FACILITY IMPACT FEE 181 Living Units(residential) @ $2,278.00 per Unit $412,318.00 Less estimated Park Facility Impact Fee Credits $0.00 Park Facility Impact Fee412,318.00 $0.00 $412,318.00 t (c)QUIMBY PARKLAND DEDICATION FEE 181 Living Units(residential) @ $1,120.00 per Unit $202,720.00 Less estimated Quimby Parkland dedication Fee Credits $100,836.01 Quimby Parkland Dedication Fee $101,883.99 $101,883.99 (d)CITYWIDE REGIONAL STREET CHARGE 32.78071 Adjusted Gross Acres @ $8,361.00 per AG Ac $274,079.43 Less estimated Significant Street Credits $0.00 Citywide Street Charge274,079.43 U.UU $27=§ (e)NEW GROWTH AREA MAJOR STREET CHARGE 32.7807 JAdjusted Gross Acres @ $18,790.00 per AG Ac 5615,949.35 Less estimated Major Street Credits $332.100.00 Major Street Charge 283,849.35 0.00 283,849.35 § EXHIBIT B v3/14/O8 Printed 06/07/17 11:34:36 AM Page 5 of 6 EXHIBIT B Subdivision Agreement for Tract No. 6131 AMOUNT DEFERRED, AMOUNT DUE @ NET AMOUNT DUE @ BUILDING AMOUNT DUE @ EXTENSION DUE OCCUPANCY PERMIT OCCUPANCY (f)POLICE FACILITIES IMPACT FEE 181 Living Units(residential) @ $624.00 per Unit $112,944.OU Police Facilities Impact Fee112.944.001 $0.00 $112,944.00 t TRAFFIC SIGNAL CHARGE ( 181 Living Units(residential) @ $450.94 per Unit $81,620.14 Less Estimated Traffic Signal Charge Construction Credits $150,000.00 Traffic Signal Charge 0.00 $0.0-01 Paid w/Credits (84) To be determined at time of development Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation;when applicable,fee is due at Building Permit for all un-developed lots at the fee rate then in effect. t Citywide Impact Fees due at occupancy(Reso.05-427,428,429) § Citywide Street Charge and New Growth Area Major Street Carge due at Building Permit(Reso.07-291) Total impact Fees&Charges $2,482,730.81 $655,184.99 $237,057.04 $941,467.78 $622,821.00 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $141,229.00 TOTAL(B) IMPACT FEES&CHARGES $655,184.99 $237,057.04 $941,467.78 $622,821.00 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) $796,413.99 EXHIBIT B v3/14/08 Printed 06/07/17 11:34:36 AM Page 6 of 6