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HomeMy WebLinkAboutFancher Creek Properties and Subordination - Developmet agreement0 i iNO Comty Reorder iiiimumuuiii Robert Colk Reorder Robert C, Verner DOC— 2010-0097084 F,JdaV, JM 00, nia 11;05;00 Ttl lid $0,00 *r-0003258-088 GSF/117/2_135 Planning and Development Depemnent DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND FANCHER CREEK PROPERTIES, LLC AND SUBORDINATION NOTICE: THIS RECORDED DOCUMENT IS A COPY OF THE ORIGINAL DEVELOPMENT AGREEMENT. AN ORIGINAL OF THE DEVELOPMENT AGREEMENT, INCLUDING ALL EXHIBITS, ATTACHMENTS AND FULL -COLORED MAPS AND DIAGRAMS IS FILED WITH THE CITY OF FRESNO CLERK'S OFFICE, LOCATED AT 2600 FRESNO STREET, ROOM 2133, FRESNO, CA 93721 When Recorded! Mail To'. q7 o City Clerk u Ciy of Fresno 6 2600 Fresno Street Fresno, CA 93721-3603 CITY OF FRESNO 0 i iNO Comty Reorder iiiimumuuiii Robert Colk Reorder Robert C, Verner DOC— 2010-0097084 F,JdaV, JM 00, nia 11;05;00 Ttl lid $0,00 *r-0003258-088 GSF/117/2_135 Planning and Development Depemnent DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND FANCHER CREEK PROPERTIES, LLC AND SUBORDINATION NOTICE: THIS RECORDED DOCUMENT IS A COPY OF THE ORIGINAL DEVELOPMENT AGREEMENT. AN ORIGINAL OF THE DEVELOPMENT AGREEMENT, INCLUDING ALL EXHIBITS, ATTACHMENTS AND FULL -COLORED MAPS AND DIAGRAMS IS FILED WITH THE CITY OF FRESNO CLERK'S OFFICE, LOCATED AT 2600 FRESNO STREET, ROOM 2133, FRESNO, CA 93721 0 • DEVELOPMENTAGREEMENT By and Between THE CITY OF FRESNO and FANCHER CREEK PROPERTIES, LLC. THIS DEVELOPMENT AGREEMENT ("Agreement') is entmed ban this?LNday of )% 2010 (the "Effective Date") by and behveen the City of Fresno, a municipal carpo tion (the "City"), and Fancha Creek Properties, LLC ("Developer"), pumumt to the authority Of Section 65864 ersty. of the Government Cods ofthe State of Cahbmam. RECITALS A. Legal Authority. To strengthen the public planning process, emoirwage private participation in comprehensive planning and reduce the economic risk of development the Legislature Of the State of California adopted Sections 65864 ent seq. of the Government Code ("Development Agreement Law") authorizing any city, wanly or City mrd county to enter Into a bending development agreement with an applicant for a development project, establishing certain development rights in the Property which is the subject of the development pmjsct application. As a charter city, while the City is not limited W the Development Agreement Law W enter into development agreements, the City has elected W enter this Agreement under the Development Agreement taw. B. Project Description. On May 17, 2005, the City certified the Final Environmental Impact Report No. 10133 for the Faacher Creek Project (Resolution No. 2005- 183). The Faucher Creek Project is ImmOd in the southesul ares of the City and consists of approximately 476 acres conholled by Developer. The Feneber Creek Project is a mixed use, master-plawed project that will include residential com rmiu , a town center, retail, and a village center with senior housing, a business park, and park space. This Agreement governs only the moor center portion of the Faneber Crack Pmjat (70" Center"). Attached hereto as Exhibft B and incorporated herein by this reference is a diagram showing the Town Canter Portion of the Faucher Creek Project that is governed by this Agreement. C. Developer's Interest in Land. The Developer is a California limited liability company, the members of which are Ksshian Enterpris®, a Colifmmia limited pertnvship, and Africal Development, LLC, a Califnrrua largest liability company, The real property which is the subject of this Agmanent ("Subject Property") is located in the City of Fremo and is coned in fee by the Developer. The Subject Property is described in Exhilik A (attached hereto and incorporated by reference). Developer Saks to develop the Subject Property consistent with the 2025 Fresno Geaeml Plan ("General Plan") adapted by the City on November 19, 2002 (Resolution No. 2002-379) and the Roosevelt Commonalty Pim pas amended by the adoption of the Genend plan). D. Development Approvals. The following development approvals ("Development Appwvah") affecting the Subject Property have been previously approved by the City of will he approved concurrently with this Agreement 2 0 • 1. Certification of a Final Environmental Impact Report ("EIR"), including project-spocific mitigation measures adopted by the City. (Resolution 2005183). 2. General Plan text amendments approved by the City Council. (Resolution No. 2002-379). 3. Zoning Convince text and map amendments adopted by the City Council. (Ordinance No. 2005-51). 4. This Development Agreement approved by the City Council (Ordinance No. 201048, adopted on March 25, 2010). 5. Official Plan Line Amendment approved by the City Council (Ordinance No. 2010-09, adopted on March 25, 2010). 6. Vesting Tentative Parcel Map No. 200741 approved by the Planning and Development Director on March 25, 2010 (" Vesting Tentative Parcel Map")E( xhibR Jl. E. Certainty Dmbed. Developer delves to Carty out the development of the Subject Property as a mixed use development consistent with the General Pian, the Development Approvals, and this Agreement. The complexity, magnitude and long term build -out of the Subject Property, would be difficult for Developer to undertake if the City had not detemained, through this Development Agreement to inject a sufficient degree of certainty is the land use regulatory process to justify the substantial financial investment associated with development of the Subject Property. In order to obtain the housing, rex and other benefits the development of the Subject Property will provide and to ensure that the impacts of the Town Comm project will be adequately addressed, City, desires cermirry as to the scope of development, including the Town Center's design standards, sed in patticulm that needed infrastructure, facilities most services relined to the Town Center will be provided in a timely fashion. Developer desires certainty regarding the type and amount of development fees and exactions that it will be charged by the City and to define the design review aid pertaining process. Both Parties desire W determine which Party will be responsible for particular infrastructure improvements, including financing of the Town Centeis public facilities and improvements, and the timeline for canstrucfing Nese improvements. As a resWt of the execution of Nis Agreement both Parties an be assured that the development of the Subject Properly, earn proceed without disruption caused by a change in City planning and development policies and requirement. F. Subsequent Development Approval. In addition to the Development Approvals, the development of the Subject Papery will require various additional future land use and construction approvels been the City 10 implement the Development Approvals ("Subsequent Development Approva0"). Subsequent Development Approvals may include but are vat limited to: parcel maps (vesting 0r otherwise), conditional use pomades. site plans and building permits. G. Consistent with General Plan. The City hereby duds and drdermina the, exempon of this Agreement is in the best interests of the public health, safety and general wait= and is consistent with the General Plan and the Rnoeavelt Community Plan. a Voluntary Agreement. This Ageament is voluntarily entered into by the Developer in order to implement the General plan and in consideration of the rights conferred and the procedures specified herein for the development of ere Subject Property. This Agreement is voiunlsrily entered into by the City in the azedise of its legislative discretion Or order to implemmt the Gmmeml Plan and the Roosevelt Concededly Plan and in consideration of the agreemmm and undesfddngs of the Developer hereunder. 1. Project Provides Substantial Benefin, This Agreement fiuthed the pubfic Inaba, safety and general welfare, and ere provisions of this Agreement are consistent with the Gmerd Plan. For the Teasers recited hazels, ere City and Developer have determined that the Town Center is a development for w)dch ads Ageemmt Is appropriate. This Agreamm, will eliminate uncerteinty regrading Development Approvals and Subsequent Development Approvals, deadly anceaneging planning for, inveslmmt in and mmvtbmmt muse and develop the Subject Property Cautioned use and development of ere Safford Property is anticipated b, la tuna, provide the following substantial benefits and contribute to ere provision of needed infrastructure for area growth, thereby achieving the goals and purposes fm which ere Development Agreement few was maned: I. Provide for the development of mused agriminvd land. 2. Provide increased to revmuev for the City. I Provide forfobs and economic development in the City. 4. Provide wfiesavdure improvemmta that ren be utilised by regional users and future users. 5. Mat the gods of the Claudius Plan in put activity centers in areas that will dduco velicle hips and serve au segments of ae City. J. CEQA. TIC City Council, in its independent judgment, a a public hmring on March 25, 2010, afire consideration of the P.IR end an addendum W the BRt, found that oa mbsaryent Or supplemental mvirovmmlal impart report or mvirovmmtal dommrmt in addition to the Previously cortified EM fas identified an Paragraph D) is necessary for ere nppmvol of this Ageemeut. The aty Coundl found teat there have ban an chougm proposed to as tlevdopmwt of the Subject Property by the adoption of ,his Agd®ret which Blade to new "Palledut mvirovmmyl impacts not previously considered. No subsaryrnt changes one anticipated m occur with aspect to cncmnstanca under which the pmjact will be undertaken, and an information has become, or is antidpated to become available which will relate to aigtificant luffa s notluevimnly discussed, fair MU any significant effect previously s uslyzed or the EIR became mom severe, not w18 mitigation mmsurm or editorial, net lemrd in be feasible or not previously considered have my significant effect IG This Agreement was reviewed at a duly noticed public hearing before the Planning Commission of the City. L. The City Council, after a duly noticed public hearing, found that the provisions of this Agreement are consistent with the City's General Plan, the Roosevelt Community Plan, and Other applicable plans and policies of the City. M. On March 25, 2010, the City Council adopted Ordinance No. 2010-08 approving this Agreement. A copy of the Ordwance is attached hereto as Eahibll I and incorporated hereat by this reference. NOW, THEREFORE, in consideration of the mutual coversanta and conditions bmeioafter set funk and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Develops (each herein sometimes celled a "Party, and jointly the "Parder") hereby agree as follows: AGREEMENT ARTICLE I GENERAL PROVISIONS 100. Property Description and Binding Covenants. The Subject Property is that property described in Exhibit A. The Develops repmsents that it has a legal or equitable interest in the Subject Property and that all other fictions holding legal or Notable interests in the Subject Property (excepting owners or chairman in easements) are board by this Agreement. it is intended and deterntinell that the Provisions of this Agreement shall constitute cov®rats which shall not with the Subject Property, and the burdens and benefits hermf shall bind and more to all successors in interest to the Parties, The Developer hereby wanams that any and all parties having record tide interest at the time of execution of this Agreement m the gubjeer Property which may ripen into a fa have taildi azed In this Agreement and that all sock insh usevts. of subordination, if my, as attached heretic and wade a part of this Agreement. To the extort Wee axises any nree of the Subject Property then hes not yet been annued to the City, sad property shell be an moaned prior to expansion of the term of dus Agreement in the same may he amended and the duration extended pursuant to the tams of Section 100. 101. Vested Eights. Develops shall have n vested right to develop the Subject Property for the period this Agreemeat m in effect in accordance with the Development Approvals, Subsequent Development Approvals, the Provisions of dds Agteenreat and Applicable RWss (u defined in Section 102.1). The Parties have negotiated and agreed upon the development impact Ross, parer processing fes, dedication, os, and exactions that will be required in common with the development of the Subject Property. The off -ate improvemems, dedfcishm, and exactions applicable m the Subject Property are set fon in Exh@it F, 'Me Parties iotard But these shell be the only off ite improvements, dedications, and exactions applicable to the deveinpment of the Subject Property during the period Ods Agreement is in effect. The development impact fees applicable to the development of the Subjem Property during the first eight (8) years the A@eannat is in effect me also set fon in Exhibit F Except for die' ransit Fan," the Maida Fan Schedule in effect as of the Effective Date ofthis Agreement shall provide the amount of the 4 tees to be paid during the first eight (8) years this Agreement is in effect. After the firnt eight (8) ysma of this Agreement, the development impact fees applicable to the development of the Subject Property shall be all applicable fees, as reasonably determined by the City, adopted by the City and in effect at the time payment of the fees is required, including any new fees the City adopted at any time the Agreement is in effect. The amount of the tees applicable to Nc development ofthe Subject Property i florNe first eight (8) years the agreement is in effxt shall be as set forth in the most convent adopted Master Fee Schedule at Ne time payment is enquired. The amounts Ofpemit processing Zees shall be those provided in Exhibit C Nothing provided in this Agreement shall limit the Developer fiom exercising vesting rights obtained before or after resection of Nis Agreement Nrough other means, including Vesting Parcel Map No. 2W7- 41 To the extent not otherwise provided in Nis Agreement. the smndmons ofapproval and mitigation measures in the Development Approvals related to dedications and reservation of easements are intended to men the requirements of Government Cade section 65865.2 related to a development agreement providing a provision for the reservation Or dedication of land for a public purpose. 102. Rules, Regulations and Offichd Polieles. 102.1 Applicable Rules, Regulations and Official Policies, For the term of Nis Agreement, the rules, regulations, Ordinances and official policies governing the permitted uses of land density, design, improvement and construction standards and specifications applicable to the development of the Subject Property shall he the Applicable Rules as defined in this Section 102.1. The Applicable Rules are defined as Nose rules, regulations, and official policies set forth in (1) the Development Approvals; (ii) this Agreement (including Exhibits); and (iii) with respect to matters not addressed by these documents, Nose odes regulations official policies, standards and specifications in force on the date of this Ageement, to the extent not inconsistent with Ne Development Approvals endtlds Agreement. The Applicable Rules shall also include, any changes in the General Plan. City of Fresno Zoning Ordinance ("Zoning Ordinance") Or any future Intel, ordinances, regulations or policies adopted by the City which are made applicable by the provisions of Section 102.2. Execpt as otherwise provided in this Agreement, to We extent any fume changes in the General Plan, Zoning Ordinenx or any future rales, oNNmcea, regulations or policies adopted by the aty portion to be applicable to the development of the Subject Property but are inconsistent with the terns and conditions of this Agreement, the terms of flus Agreement shall prevail, undeas the parties mutually agree to amend or modify Otis Agreement paramour to Section 700. TO the extent not otherwise provided in Ws Agreement, the requirements of the Applicable Rules shall fulfill the requirements Of Government Code section 65865.2 related to the agreement speeiFying allowed was, allowed density and intensity of uses and maximum beight and size ofpropresed buildings. 102.2 Changes in State or Federal Law. This Section shall not preclude the appfiration to the development of the Subject Properly of changes in City laws, regulations, plate or famous, the terms Of which are Specifically menaated and required by changes in state or federal laws or regulations. th the event stateor federal laws or regulations enacted after the date of this Agreement, or action by any governmental junsdiction other than the City required by =to or federal laws, prevent or preclude compliance with one or mare provisions of this Agreement or require changes in plans, maps or permits approved by the City, then the Panics shall meet and conf in good faith to determine the feasibility of modifying, extending or suspmdiog one or more previsions of thus Agreement as may be necessary to comply with such state or federal laws or regulations or the regulations of such other governments] junsdiction required by state or federal laws. The Developer shill provide a reasonable number of options to the City and demonstrate the feasibility of modifying, extending or suspending me Agreement in part. Developer is required to provide all engineering and analysis (which shall meet industry and City standards) to support its position. To the extent that any actions of federal or state agencies (or anions of regional and local agencies, including the City, required by federal or state laws) have the effect of preventing delaying or modifying development ofthe Subject Pmpenv, me City shall not in env mmme be liable for my such prevention, delay or modification of mud development The Developer is required, at its cost and wimout coat to or obligation on the pan of me City, to parlcipate On such regional or local programs and to be subject to such development restnctisns us may Its necessary or appropriate by reason ofsuch actions of federal mature agencies requited by federal or state laws (or such actions of regional and local agencies, including the City, reyvned by federal or state laws). 103. City's Reservatlan of Authority. The Portion acknowledge that me intent of the Puhles is that this Agreement be cannoned in a manner that protects the vested rights granted an Developer M1erein to the maximum extent allowed by law. The Parties fimher acknowledge and agree, however, that the City is restricted in its authority to limit is police power by contract and mat the limitations, reservations and exceptions contained in this Agreement are intended to reserve to the City all Of its police power andlm stammry or other legal powers or responsibilities that cannot be so limited. This Agreement shall be construed to reserve to the Cay all such power and authority which cannot be rearmand by contrera, including compliance with the Calif osis Environmental Quality Act (CEQA). Nor shall this Agreement be construed to limit the authority or obligation of the City to bold necessary public hearings, an limit the discrenav of the City or any Of its officers or officials with regard to mies, regulations, ordinances, laws, and evritemrnt of use which require the exercise of discretion by the City or any of its oBicas or Officals. IM. Term; Recordation. The tam of this Agreement shall commence upon me recordation of this Agreement with the County Recorder and shill extend for a period of twenty (20) yours. Thereafter, corns svd tam is modified or "tended by tree ost consent of the Parties, subject an the provisions of Section 700 hereo[ upon expiration of said tam, this Agreement shall be deemed nominated and of no further force and effort and the Paribas shall, upon perform of the City, execute an appropriate certificate of tam andmin which shall be recorded in the officied xnNs of the County, mbjeo, however, to the provisions ofSc OU 307 herr[ The Dlre err of Planning and Development shall record the Agreement without 10 days of land approval by Council. 105. Sale or Assignment; Release. This Agreement, its rights, duties or obligations may be assigned, sold, exchangM or tranferd, in whole or in part, in connection with a transfer by Developer of all or a portion of its interests in the Subject Properly, subject to the terms of this Section. 105.1 A sale, transfer or assigmnent of an or a portion of Developets interest w this Agreement shall not require the approval of the City it s. 'rhe Developer has paid all impact fees then one as required m Exhibit F and all processing fees that due as rxluir ] in Exhibit C by the terns of this Agreement and all public improvements end facilities rquiredi f be constructed or installed by Developer in commotion with the development of the Subject Property, or applicable portion thereat have been construned and installed, or Developer or the propose assignee have Provided stiunty neoprene, he the reasonable discretion of the City, to name construction end installation of such public improvements and facilities and the City receives a copy of the assigmnent that meets the rryuvemants of Section 105.3; or b. The sale, transfer or aesigionsent is to an mfity controlled by or In common control with Developer, or C. The transfer or assignments results fiom the death or overall or physical incapacity of an individual who is a controlling member of the Developer. Unite liability company; or If The transfer or assignment is in trust for the benefit of a sormse, children, grandchildren or ether family members of a controlling member of the Developer hmhd liability company; or e. The transfer or assignment consists of the grenang of a security interest in this Agreement and the enforcement or use of such security interest in accordance with the remedies available th sunder. 105.2 Any other sale, tmsfer or assigtwent of all ora portion of Developer's interest in this Agreement shall requve the prior wdmcn approval of the City, which approval shall not be unreasonably withheld, conditioned or delayer. 1053 Any propose assignee or vansfree shall agree to assume and be bound by all applicable dunes, obligation and covenants of the Developer ander this Agreement. The assumption must be set forth in an assumption agreement f a form reasonably acceptable m and appmvd in writing by the City. Any assumption agreement shell include a Notice to the insinuate that they may be subject to fees for development of the property, as timbre by the terms of this Agreement. 105.4 H the Developer tranfem the Subject property and assigns the Agreement in violation of the tenors of this Station. the City may terminate the Agreement at its discretion with fiffew (15) days written notice. 106. City Costs of Agreement Developer shall pay a One time processing fee as established in Exhibit C for the City's costs to prepare and salamander this Agreement. Developer shall remit p tUacto to the City within thirty (30) days after approved of this Ageemot. ARTICLE DEVELOPh1ENT OF THE SUBJECT PROPERTY 200. Permuted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agrcemem, the Developer may develop the Subject Properly for the was and M accordance with the Applicable Rules, including the standards, uses and processes contained in the "Permitted Uses and Development Shercade" and the Site Plan, both of which are attached as Exhibit D. 201. Approvals. 201,1, processing Subsequent Development Approvals. 201.1.1 Timely Submittals By Developer. Developer acknowledges did City dared begin processing Subsequent Development Approvals unfit Developer submits complete applications. Developer shall use its best efforts to (i) provide to City in a timely manna any and all documents, applications, plans, and other information naessary for City to carry out ire Obligations hereunder, and (ii) cause Developersplanned, engineers, and all other consultants to provide to City m a timely mamer all such donuments, applications, plans and other required materials as set both in the Applicable Rules. Developer shall use ail reasonable effoas m submit or cause to be submitted doconots, applications, plans and other information modally for City to Carry Out its Obligations hereunder that are in a final farm, not subject to unreasonable changes by the Developer and Wal comply with this Agreement and all Applicable Rules. Plan changes made after submittal pursuant m this Section will be subject In such additional charges as provided in Exbibit C The City reserves the night to reject any incomplae or non-modorming submittals, 201.1.2 Timely Processing By City. Upon submission by Developer of all appropriate applications and applicable processing fees for any Subsequent Development Approval, City shall promptly and diligently, subject to the reasonable availability of City resources and Citys procedural requnano[s, common, and coin mplae1i steps necessary m ad an Developers Subsequent Development Approval applications. Upon Developers rnluest and at the City's discretion, the City may provide, m Developers expense, additional stuff medlar staff corsuitmrs for concurrent, expedited planning and processing of each Subsequent Development Approval application. 201.1.3 Effect of Legal Proceedings. Notwithstanding any pending administrative or judicial proceedings, inidmive or referendum concaving the Development Approvals or Subsequent Development Approvals, and provided that such actions by City or Developer are not pmseribal by law m coot order, City shell pmess the Developers applications fen Subsequent Development Approvals a provided for herein to the Ruled extent allowed by law and Developer may proceed with development pmsovt to the Development Approvals or Subseyu®t Development Approval; to the fullest extent allowo! by law. 201.2. Certificates of Occupancy. Subject to any millenniums in Ws Agreement for iasuence of certificates of omupmu:y, the City shall use all reasonable efforts to diligently and promptly provide a certificate of occupancy for any portion ofthe Subject Property when applied for by the Developer and upon completion of all necessary repayments to obtain a certificate of Occupancy. 201.3. Non -Development Entitlement Plan Review. Nothing provided in this Section 201 is intended to include the submission and review by the City of plans for off-site improvement (as required under Exh@it Fi, including but not limited to, construction plans for sheets, sewer lines and traffic signals. Procedures to be used for review of off-site improvements shall be pursuant to then existing City policies, ordinances and standards. Plan submittals for off-site improvements will not be given priority status over my other submittals but will be reviewed on a ^first in fist oro^ basis. 202. Public Facl0tlm. 202.1. Financing and Construction. Developer is responsible for financing and coneauding the fallowing Public facilities m conjmction with the development of the Subject Property, all as ad forth in the mitigation measures of the EIR for the Project (Exhibit D of Resolution No. 2005-I8) and the Development Approvals: 202.1.1 On -Site Improvements. Developer shall construct the On -Site Improvements as provided in Exhibit E. Ali On -Site Improvements wil I be the responsibility of the Developer without any right to reimbursement or credits form the City except as follows: (a), Developer shall construct the Transit Station, as described in Randall L for which it slia0 receive credits for the cost of said construction from the Transit Fee (as described at Item A.10 of Exhablit if said fee is adopted by the City and Developer pays the f is accordance with Item A.10 of Exhibit F: and (b) The Transit Section shall be cunstmcted either on the Subject Property or Off -Site but contiguous to the Subject Property, at a location approved by the City in its sole and reasonable downwron. Developer shall maintain those certain on-site streets, Faucher Comb Drive and Tulare Avenue, as the same are depicted in Exh1�h EE pursuant to the terms and conditions set forth in that certain Easement for Public Access Over Interni Roads at Exhibit K (attached hello and incorporated by reference) as the same star] be recorded against Ne SubjecSubjmtPropertymncum dywiththerecodingofthis Agmemmt. 202.1.2 OffS1te Improvemeon. Developer will commoner all Off -Site Improvem rani as providedin Exblblt F pursuant to the description and timing provided in that exhibit. 202.1.3 Financing of Off -Site Improvements. Developer is responsible for fmancing the construction of the Off -Site Improvements described in Exhibit F (including the Transit Station, as described in Exhibit if built Off -Site and mnfiguous m the Subject Property, as opposed to on We Subject Property. The Developer will only receive aimbursanents and credits from the City for off-site impmvanmts to the cited that they are expressly provided for in ExhbIt FF fl being wdmtood amt Developer shall receive e N for the cost of mrrstmdfon of the Transit Station from the Transit Fee (as described at Item A.10of / d Exhibit Fl it said fee is adopted by the City and Developer pays the fee in accordance with Item A.10 of Exhibit F. 202.2. Community Fae0lties District. 202.2.1 Funding of Improvements. Developer may request and City shall use its good faith efforts to form a community facilities districgs) ("CFO"), for the purpose of funding all or a portion Of the On -Site or Off -Sin Improvements, including without limitation, deism acquisition and construction costs, and public facility maintenance cogs or public services. Upon request from the Developer, City shall diligently got expeditiously initiate CFD proceedings utilizing the special has mechanisms auWorized under the law of the State of California or the Fresno Municipal Code where the pmperty subject to special sues provides primary security for payment of the special taxes, provided, however, any such CFD shall be in mnformmce with City policies regarding land -nosed financing. CiWs obligations under this section are contingent upon the Developer providing adequate security to cover the costs of formation of the district and issuance of the bands and upon the Developer providing the iNbmatim or documents within the Developer's control which we aecessery to form the district and been the bonds to g., the list of infrastructure intended to be funded by the District and the area to be included in the District). Developer may recover costs of thronging and issuance from bond pmcceds to the extent permitted by law. Nottiing provided herein is intended to create o legal duty Of the City o form a CFD. 202.2.2 Funding of Maintenance Coss. Developer shall agree to have the Subject Property either annexed into an waling CFD or included to a special CFD for the overall Fmcher Creek Proje", the creation of which shall be subject to City approval, for the propose of covering maintenance cogs m set forth in Exhibit F The Subject Property shall be included in the applicable CFD only with respect to maintenance of the condition island landscaping in Clovis Avenue along the firemage of the Subject Preperty as said maintenance obligations we more particularly described in Exhibit F, To the extent the Subject Property is included inn CFD together with other aaseged anfities and properties, Developer and City agree to cooperate to obtain an appordhrmnmt of my rescssmrnts payable pursuant to inclusion in said CFD and attributable to the Subject PmPerty specifically. As set forth in Exhibit FF Develop" shall be entitled to reimbmsmrent of urns rebound to annexation into or formation of the applicable CFD tothe extent permitted by law. 2023. Public Works Development Standards; Specifications. In completing the construction of the On -Site and Off -Site Impmvemens described in Eahibbs E and F Developer shall comply with (a) the conditions and turns of the Development Approvals and Subs"prenl Development Approvals. (b) all approved conswcsion plans, (c) all applicable laws, onlinme", and resolutions in effect at the time of construction not inconsigenl with this Ageemmt, and (d) the consmrction gmdads contained in the City's Ssudgd Specifications or effect at the nme of construction If the City does not have standard spaifisxfiom for any outruction to be performed, the Developer will complete commotion in accordance with the standards and specification of the State of California, Department of Transportation. Develop" will complete all construction to the sa0sfaction of, and use materials satisfactory to, the City Engine". The City Engineer may impact all construction and materials. 202.4. Acceptance and Warranty of Public Faciifies. The City's final written acceptance of any Off -Site Improvements will a msmat v finding that it complies with the plass and specifications required above. The City may not umemombly condition, delay or withhold acceptance of Off -Site Imprmemants. 'Me Off -Sit' bnpmvemems shall be owned by the City Upon their completion and acceptmce. Developer shall provide v warranty for any defects (whether kiwi or patent) in work or material or design in the Off -Site Lnpmvem®rs that occur err appem within one year after the date of written acceptance. The warranty shall provide that the City may give written ounce to repair or connect any defect within (7) seven calendar days of amim, Occurring or appearing within one year, and Developer indoor its wammor will repair or correct the deft without additional cost to the City After a failure of the off -Site Improvements requiring an emergency repair by City crews, the Developer cr its warrantor shall reimburse all reasonable costs for labor and materials within fort -five (45) days of invoice. Failure to repair or comm any defect may result in an oBset m, or suspension of, reimbursements, if any, or may be considered a default of this Agreement, anti) the repair or correction is completed to the reasonable satisfaction of the City. Developer shall include the City as a ruined beneficiary, to any subcontract for or warranty of the public bouffi o This subsection will survive terrnmation of this Agreement. 202.5. Prevailing Wages. As the Off -Site Improvements identifiM in ExWblt E as being subject to Prevailing Wages constitute public works, under Share law Developer is required to pay and m cause its contractor and mbcontrnctors to pay prevailing wages for the construction of the Off -Site Improvements m those wages are determined pursuant to Labor Code Sections 1720 or seq, and implementing regulations of Ne Department of Industrial Relatiom and comply with the other applicable provisions of Labor Code Sections 1720 a seq. and implementing regulations of the Department of Industrial Relations. Developer shall or shall cause its contractor and subcontractors to keep and retain such records as me necessary to denexame that prevailing wages have been paid as required bylaw. Duringtheconstrpetionofthe Off -Site Improvements, Developer shall or shall reuse its contractor to post at the Town Center the applicable prevailing rates of per diem wages. Developer shall indemnify, hold harmless and defend (with counsel reasunably acceptable to the City) the City against my claim for damages. compensation, fines. Penalties Or otheramounts arising out of the failure or alleged failure of any person or entity (including Developer, its ContoMiU m and subcontractors) to pay prevailing wages in required by law Or to comply with the other applicable provisions of Labor Code Sections 1720 at seq. and implementing regulations of the Department of mdustrisl Relations; in cmmection withmnsnvetion efthe Off=Site Impmvemens identified in Exhibit P as being subject to Prevailing Wages. 202.6. Grant Fords. As the Developer's State grant respires location of a transit summit (as described m Exhibit L) at the Town Center, City shall ensure flat a Transit Station as defined in Exhibit L that meets at least the level of a Bus Hub (ns specifically described in the Want program guideEves attachedas Exhibit L) and is consistent with any findings of the Transit Study prepared pumuavt to the Fancher Creek settlement agreement by and among Medical Advocates for Healthy Air, the City, the Developer and Cemex Homes, dated April 1, 2006, is located on the Subjeal PmpMy or immediately contiguous Nemo at a location approved by the City in its sole and reasomble discretion. City shall cooperate with Developer to ensues him all permits necessary to Developer's ivfiaswcnne construction are processed in a timely meaner. �Z 202.7. Parking Strucmre(s). Nomithstandingmyotherrsuiremmtinthis Agreerneal, including the Exhibits (and specifically, without limitation Exhibit FF which expressly raluires Off -Site improvements before building permits), the City may issue grading and building permits for the concoction of parking stmctwe(s) and various Off -Site Improvemmts as necessary prior to completion of my Off -Site Improvements under Exhibit roviF, pded (I) the Dir¢rors of public Utilities and Public Weeks Departments find thin con traction of the perking structme(s) will not interfere with the Developer performing its obligation to construct Off -Site Improvements under Exhibit F, (2) Developer is in compliance with the terms of the Agreement, and (3) at the time Developer or its appropriate sulamium sor applion for the required building permits, m at such other time in may he required in connection with the recording of the final Parcel Map, and the Developer, or its appropriate subcontractor, submits payment and performance bonds (consistent with the requvemena under FMC Section 12-1016) Our the Clovis Avenue improvements required in Condition B.l of Exhibit F. The bonds required mdm this section shall only be released upon the City amsprence of the improvement required under Condition B.1 of Exhibit F. Developer and City agree then construction 01 my improvements on-site, including parking somme(s), prior to completion of iM O --Site Improvements u Exhibit F may result in increased] difficulties, complexities and costs to constmet the Off -Site Improvements. Developer agrees that OffSiteimprovements in Exhibit F will be concocted to meet all City standards regaidlem of mass, and specifically, regardless if costs are increased because the Develops constructed parking drumbrre(s) or any Other improvement on-site before completing the Off -Site Improvements described in Exhibit F. 203. Dedications and Other Exaction. Develops shall be responsible for only those dedications and other exaction provided in Exhibit F. 204. Reimbursements and Credits. For the firs) eight (8) years this Agreement is in effecl. Developer shall be responsible for paying only those fees provided in Exhibits C and F. The Developer shall be entitled to only those reimbursements and eredits for the Off Site Improvements restored under Section 202.1.3 a provided in Exhibit F. Notwithstanding the above, Developer shall be responsible for paying my fees the City mllena for other agencies pursuant m (f) state or federal law or (it) any City agreement or City ambiance adopted or entered into to comply with state or federal law m judgment of a court of law, provided that sDev feeps does not hereby waive any fight it may have to contest the validity or meant of my uch 205. Conditions on and Formula for Reimbursement for Off -She Imprmxments. Reimbursement andlor credits that the Developer is expressly allowed under Ex1offift F, shall be gives from appropriate fn programs an provided in the Fromm Municipal Cade undlor adopted City policies for those P programs in effect at the now this Agreement is executed unions the Parties annually agree to me the Fremo Municipal Code an&m. City po0cia for the applicable fee programs as Poet' exist at the time reimbursement is sought, Developer being under no obligation to consider any such alternative reimbmsemmt fm an a. 206. Books and Records. Developer shag establish and maintain throughout rhe term of this Agreement, and for a Sow (4) year period following the date of the last reimhursemmt, records and accounts on the Subject Property and its development, in accordance with normal business l� practices, any reasonable request of the City, and applicable laws, rules end regulations. At the times and in the forms as the City may reasonably request, Developer shall famish City with statements, rounds, reports, data and information related to the vests to be reimbursed. The City at its cost, has the right during reasonable business hours to inspect and every Developers records, books, and documents related to the reimbursable casts. Not more frequently than annually, the City at its rest has the right, but not the obligenon, to audit the Developers books and records. 207. Project Thai The Parties acknowledge that Developer cannot at this time predict when, or the order in which, individual buildings on the Subject Property will be developed. Such decisions with respect to phasing of development of the Subject Property will depend upon a number of circumstances not within the control of Developer, 4whisin8, without limitation, market conditions and demand for the use or uses of the Subjen Property, the condition of capital markets and availability of appropriate financing for the development of the Subjecl Property (such an mnsbaction or interim and permanent loans, and/or equity capital) and other similar factors. In ordm m renin the fkxibility, naeseery to respond to such market conditions, Developer shall have the right to develop the Subject Property in phases, ur such order, and at such limes an Developer deems appropriate within the exercise of it subjective business analysis of those factors determining, in Developer's judgment, the appropriate course of development of the Subject property. Howeve , in connection with each phase, Developer shall be required to: (p comply with the Development Standards set forth in Exhibit D; (it) pay all applicable proceasing fees provided in Exhibit C; (fid pay all applicable develoPmmt impad fees and provide all applicable exactions provided in Exhibit F; and (iv) construct applicable OR -Site Improvements an provided in ExhWit F. 208. Amendments to Development Approvah. Given the long-term build -out of the Town Center, the Parties acknowledge that development of the Subject Property may ropmee amendments to Development Approvals or Subsequent Development Approvals. Amendments to the Development Approvals or Subsequent Development Approvals shall be processed es follows: 2083. Administrative Amendments. Upon the written request of Developer for an amendment or modification to a Development Approval or Subsequent Development Approval, the Planning Director or his/her designee shell determine: (i) whether the requested ameo lmmt or modiRcmon is minor; and (u) whether the registered amendment or modification is consistent with the Applicable Rules. If the Planning Director or hisrher designee finds that the proposed ammdmmt m modification is minor, consistent with the Applicable Rules, and is not subject to further environmental review under CEQA (See CEQA Guideline §§ 15162, 15163), the amendment shall be ddemnnM to be an "Administrative Amendment' and the Planning Director or hio/hm designee may approve, or may approve with appropriate conditions the Administrative Ammdmmt mms(stmt with the procedures dumbed in E Iz buff D. The determination of whether a requested amendment or modification is an Administrative Amendment shall be within the reasonable discretion of the Plamring Director. Examples of nmevdmmts or modifications which may, depending on particular circumstances, be treated u Administrative Amendments, include, but sen not limited to, the followhrg: (1) lot line adjuemrmts rust do not alter the macep s of the project design; (2) alterations in vehicle l� circulation patterns or vehicle access points which do not adversely affect capacity or service levels; (3) change in nail shipments; (4) substitutions of comparable laadseaping for any IaMsceping shown on any final development plan or landscape plan; (5) variations in the location of structures that do not substantially alter the design concepts of the projat; (6) variations is the location or installation of utilities and other in6astrumure corrections o facilities that do not substantially, altar the design concepts of the project; (7) minor agmations in design or c6ufigmaton of buildings that are consistent with the Development Standards set forth in Exhibit D and (8) mer adjustments to the Subject Property legal description. AdministrativeAmendments are subject to a processing fee as provided in Exhibit C. Administrative Amendments thin would be a Minor DOE as defined in Exhibit C will pay the Minor DOP fa. Adminis onve Amendments that are not a Minor DOP will pay the applicable fee provided for in Exhibit _ C. In no event shall an Administrative Amendment be demand a new entitlement or otherwise subject nine development of the Subject Property to my new or increased f or exactions, my provisions of the Fresno Municipal Code or City policies or procedures to the country notwithstanding, 2083 Material Amendments. Any request of Developer for an amendment or modificarion to a Development Approval or Subsequent Development Approval that is reasonably determined by the Planning Director or his/her designee to be a materiel amendment ("Midadul Ammdment"), as opposed to an Administrative Amendment, shut he subject to nsidermon and action pursue[ to the laws in effect at the time the Material Ammdmrnt is considered for approval. Notwithstanding my provision in me Agreement to the contrary, the City may impose munigmon measures necessary to comply with CEQA for Material Amendments. Material Amendments are subject to processing fees as provided in Exhibit C. 208.3 Future Amendments. Any fim a amendment or modification to a Development Approval or Subserluent Development Approval shall be incorporated H this Agement without the need to amend this Agreement. 209. Encumbrances and Leader's Rights. 209.1 Perrdtted Encumbrances. This Agreement shut be sup rim and sector In my lim placedupon Ne Subject Properly. The Parties agra Drat this Agreemmt sball not prevmt or limit any owner of an interest m the Subject Property fiem encumbmng the Subject Property with any deed of Worst or other security device securing financing with respect to the Subject Property. 209.2 Lender's Rights. The holder of my mortgage, deed of cast or other recunty management ("Leader") with respect to the Subject Property, or my portion HmmC Net has requested, in wnting, receipt of notice of my event of default under this Agreement shut be caned to receive a copy of my notice of default and shall be allowed an opportunity to cafe such default. The Lender shall receive a second default notice thirty (30) days before the City instimtes legal proceedings and the Lender stall again be allowed on opportunity to cure such default. The holder of any mortgage, dad of mat or other security mrangement with respect to the Subject Property, or any portion Hereof, shall not be obligated under this; Agreement to mnsrnrct (/ 14 '\ or eemplete improvements or to guarantee such construction or completion, but shall otherwise be bound by WI the tams and conditions of this Agreement Nothing in this Agraman t shall be &=ad to creature, Permit or authorize my such holder in devote the Subject Property, or my portion thereof, to my uses, or to construct my impmvemeon thereon, other than Moa uses and improvements provided for or authorized by this Agreement subject in ell of the tams and conditions offla s Agreement. ARTICLE 3 DEFAULT. REMEDIES TERMINATION 300. General Provisions. Subject to extensions of time by mutual coment in canting, fadure of unreasonable delay by either Party to perf nn my lean or provision of this Agreement shall constitute a default. In the event of default or branch of my tams or conditions of this Agreement rhe Perry alleging such default or breach shall give the other Party not less then thirty (30) days notice in writing specifying Me suture of the alleged default and Me mama in which said default may I e satisfactorily cured. During my and Marty (30) day period Me Party charged with being in default shall not be considered in default for purposes of tanomation or institution of legal proceedings. After notice and expiration of the atony (30) day period, if such default has not been cured or is not being. diligently cured in the mama set forth in the notice, the other Party to this Agreement may at its option: I. Teminate this Agreement, in which event neither party shall have my fnrtha rights against or liability to the other with respect to this Agreement or the Subject Property; provided, however, if porticos of the Subject Property me held in separate ownership at the time such event of default occurs and such event of default is related only to one portion. die Agreement may be terminaled only m to such portion and no such termination shall impair the continuing applicability of this Agrament m the remainder of Me Subject Property; or 2. histitute legal or equitable anion W care cooed or remedy my default including, but amt limited ten, an action for spaifi< party be coma of the tams of this AgeanenMountainsprovided, however, thin in no event shall either party be liable to the other for money daega for any default or brach of this Ageaaent. 301. Developer Default; En(arcemem. No building pewit shall be issued or building Permit application accepted for the building shell of my structure on my portion of the Subject Property if the permit applicant owns or controls such portion of the Subject Property and if such applicant of my entity or person controlling such .applicant bis been threat M be in default as to such portion of Me Subject Property by Me City Council of the City of Ffeano coda the target good conditions of this Agreement undoes such default is cured or this Agfammtis [efminatN. A default as to an onmaofmypoftion ofthe Subject Properly shell have no impact on my portion of the Subject Property not owned by such defaulting owner. The Developer shall cause to be placed in my covenants, conditions and restrictions applicable to the Subject Property, or in my ground lame or conveyance Merged an express provision for an owner of Me Subject Property, I see or City, acting sepaelely or jointly, to enforce Me Pmvisiom of this Agreement and to recover anotneys' fees and costs for such terfore®ent. • 6 302. Annual Review. The City Manager shall, at least every twelve (12) months during the term of this Agreement, review the extent of good each ubstromM compliance by the Developer with the tarns and conditions of this Agreement. Such periodic review shat he limited in scope to compliance with the terms and conditions of this Agreement pursuant to California Govena ent Cade Section 65865.1. Notice of such arcual review shall include the staternmt that my review may result in amendment or nomination of this Agreement. The costa of notice and related costs incurred by the City for the annual review conducted by the City purumt to this Section 302 shall be home by Ore Developer. The City Manager shall provide thirty (301 days prior written notice of such periodic review to the Developer. Such notice shall require the Developer b demonstrate good faith compliance with the terms and conditions or this Agreement and to provide such other information as may he reasonably requested by the City Manager and deemed by him to be required in order to nuenain cnmpliamce with this Agreement If, following such review, the City Manager is not satisfied that the Developer has demonstrated good faith cemplumce with all the tams and conditions of this Atmeemot, the City Manager my refer the matrix, along with his recommendations, to the City Council. Failure of the City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement; nor shall the Developer have or assert any deface to such enforcement by reason of my such failure to conduct an amus) 303. Emforced Delay; Extension of Times of Performance. In addition to specific provisions of this .Agreement, ciths Party hereunder shall not be deemed to be in default where delays or defaults are due an war, insurrection, strikes, walkouts, riots, Floods, earthquakes, fires, casualties, ams of God, governmental entitiesenactment of conflicting state or federal laws or regulations, new or smpplementary Mvimnmental regulations, litigation or similar grounds for excused perforrience, If written notice of such delay is given within thirty (30) days of the mmencenunt of such delay, an exteneim of time for such cause shall be ground in writing for the period of the m orced delay, or longer as may be studiedly agreed upon. 304. Limitation of Legal Acts. In no event shall the City, or its officers, ergots or employees, be liable m damages for my breach or violation of this Agreement, it being expressly understood and agreed that the Developer's sale legal canedy for a breach or violation of this Agreement by the City aludl be a legal action in mm�, specific perfomtsime or other intrusive or derhTMOU relief to enforce thc provisions ofthis Agreement. 305. Applicable Law and Attorneys' Pees. This Agreement shell be command and unforced in accordance with the laws ofthe State of Cal forma. Develops acknowledges and agrees than the City has approved and entered into this Agreement in the sole exercise of its legislative discretion and Out the standard of review of the validity or miming of this Agreement shall be that accorded legislative acts of the City. Should sty legal action he brought by a Party for breach of this Agreement or to enforce my provision herein, the prevailing Party of such actien shat be entitled to reaumble attorneys' fern, seem costs and such other costs as may be fixed by the Court. 16 I / 306. Invalidity of Agreement, 306.1 If this Agreement is determined by a court ro be invalid or unenforceable, this Agreement shall "unusually term as ofthe dale of hard entry ofjudgment. 306.2 If any provision Of this Agreement is determined by a court to be invalid or unenf rceable, Or if any provision of tltis Agreement is rendered invalid or uneo aremble mounding to the terns Of any law which becomes effective after the date of this Agreement end either party in good both determines that such provision is material to its entering into this Agrreman, either party may elect to terminate this Agreement as to all Obligations then ranaining unperformed in accordance with the prdcdures set forth in Section 3011, subject. however, to the provisions of Section 307 herwf. 307. EUea of Termination on Developer's Obligations. Termination of this Agreement shall not affect the Developers obligations to comply with the General Plan and the terms and conditions of any and all land use entitlements approved with respect to the Subject Property Prior to such terninatio t, nor shall it affect may other accounts of the Developer specified In this Agreement to continue after the termination of this Agreement. If tremor; of the Subject Property are held in separate ownership at the time of such termination, this Agreement may be amounted only as to such portion and no such termination shall impair the continuing applicability of this Agreement to. Ne remainderofNe Subject Property. ARTICLE MINEIVDifil INSURANCE 400. Indenmityllasuranee. 400.1. Indemnification. To Ne furthest extent allowed by law. Developer shall indemnify, hold hamdess said defend City and each of its officers, officials. employees, agents and volunteers fiom any and all loss, liability, times, penalties, forfeitures; awns and damages (whether in contract, tort or strict liability, including bun not limited to personal injury, death at my time and property damage) incurred by City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation Osumi arising Or alleged to have arises diready or indirectly out of performance of this Agreement or the performance of any or all work to be done on on-site or off site public or Private improvements pursuant to this Agreement (including, ben not limited to design, nstr ion and/or ongoing operation and malntenamee unless and until Ne facility is dedicated to and officially accepted by the City). Developers obligations under the preceding sentence shall apply regardless of whether Developer or eery of its officers, officials, employees or agents are passively negligent, but shall not apply to any lass, liability, fines, penalties, forfeitoee,.co us or damages caused by the active or sole negligence, Or the willful as i ndua, of City or any Of its officers, officials, employees, agents or volunteers. U Developer should subcontract all or any portion of the services to be performed under Nis Agreement. Developer shall rryuve each aubcovtraam to inderm/ify, hold hamdms and defend City and each Of its officers, officials, employees, agents and vofvntemi in accordance with the trona of the preceding paragraph. The Developer further agrees that the use for airy purpose and by any person of any and ail of the sheets and improvements requved under this Agreement, shall be at the sole and exclusive risk of the Developer at all times prior to final acceptance by the City of the completed sheet and other impmvemmts. This section shall survive nomination or expiration of this Agreanmt 400.3. Insurance. Throughout the fife of this Agreement, Developer shall pay for and maintain in full force and effect all policies of insuranm described in this section with an insureace company(ies) either (i) submitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VB" in Best's Insurance Rating Guide, or (it) authorized by CITY'S Risk Manager. The following policies of insurance are required: COMMERCIAL GENERAL LIABILCfY insurance which shall be at least as booed as the most current version of humanness Services Office (ISO) Commercial General Liability Coverage Form CG 00 OI and shat] include monsoon for bodily injury, PmPerty damage and pemsoml injury with coverage for Promises aM operations (including the rose of owned and mnowned equipment), products out completed operations, contractual liability, (mc]uding infirmary obligations under this Agremmamp,with limits of liability of not has then $S,OOO,OM per occurrence for mdBy injury and property, damage, $1,000,000 per occurrmce for personal injury and $5,000,OI10 aggregate for products and completd operations. It, COMMERCIAL AUTOMOBILE LIABILITY insurance which shell be at least as broad as the most current version of Immune Services Once (ISO) Business Auto Coverage Form CA W 01 and shall include coverage for all owned, hired, and nonownd automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not leas Oman $5,000,000 per accident for bodily injury and property damage. WORKERS' COMPENSATION insurance as required under the Celifomia Labm Code. Developer shall file with the City pursuant to Section 3800 of the labor Code, a Certificates of Workers' Compensation. d. EMPLOYERS' LIABILITY with rtmuman limits of liability of not los than $1,000,000 each accident, $1,000,00(1 disease policy limit and $1,000,000 disease each employee. Developer shell be responsible for payment of any deductibles contained to any insurance patients required hereunder and Developer shall also be responsible for payment of my self- mountretentions. The above described policies of insurance shall be endorsed to provide an umeatriehed 30 calendar day written notice in favor of City of policy ceacellation of coverage, except for the Wodem' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage, hi the event my policies me due to expire during the tam of this AgreammL Developer shall provide a new cutificam evidencing renewid of each policy not less than fifteen (15) calmdar days prior to the corporation date of the expviag policy(ion). Upon issuance by the instant, broker, or agent of a notice of cancellation in coverage, Developer shall Ste with City a new certificate and all applicable odoreanmts for such policy(ies). /q The Oenerd Liability cd Automobile Liability insurance policies shall be written on an occurrence form and shall time City, its officers, officials, agents, employes and volunteer m an dditmon head. Such policy(on) of insurance shall be endorsed so Developers insurance shall be primary and no contribution shall be required of City. Any Workas' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officids, agents, employes and volunteers. Developer shall have fodshd City with the certificate(s) and applicable endonemeals for ALL ropmd insuranceprior m amt ofcoantrumon of any phase of development Developer shall Ounish City with copies of tee acted policies upon the request of Citys Risk Manager a any time during the life of the Agreement or any extension, and this refum mens shall survive termination or expiration of this Agreement If at any time during the life of the Agreement or my extension, Developer foils to maintain the required insurance in full farce and efficl, the Director of Public Works, or hismer designee, may order that the Developer, or its contraction or subcontractors, immediately discontinue any further work under this Agement and take OR necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that became due to Developer shall be withheld until notice is received] by City then the reyuird insurance has been rearmed to full farce and effect and that the premiums therefore have been paid for a pend satisfactory to City. Any failure to maintain the raluird insurance shall he sufficient rause for City to terminate flus Ageemml. If Developer should subcontract all or my portion of the services to be. performed under this Agreement, Developer 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 mdonemena shall be on file with Developer and City prior to the commencement of my work by the subcontmemn 401. Notes to Developer. The City shall promptly give notice to Developer in accordance with Section 600 of this Agreement of my care, action or preceding brought against the City concerning thisAlinement or the Subject Property, ARTICLE 5 PROJECT AS A PRIVATE UNDERTARLNG 500. Project as a Private Undertaking. It is specifically understand and agreed by and between the Parties hereto that the development of the Subject Property is a separately undertaken private development and that the comactud relationship creatd hereunder between the City and Developer is such that Developer is m independent conbaapr ad is not an agent of the City. None of the terns or provisions of this Agreement shall be decried to create a partnership or joint ventwe between the City and Developer or w provides thud party beneficiary rights to my person or entity not a Party bane. The only relationship between the City and the Developer is that of a governmental enfity regdating the development of private Property and the owner ofsuch private property. AATICLE6 NOTICES 600. None". All formal notices required by this Agreement shell be in writing and delivered in person or sent by certified mail, postage prepaid, to the principal offices of the City and the Developer with copies sent w set forth below. The addresses of the parties as of the date hereof are as set forth below. Such written notices, demands, c respondence and communication may be directed in the same manner to such other persons and addresses as either party may from time to time designate in writing. The Developer shall give wd[trn notice to the City, within ten (10) days after the close of escrow, of any sale monomer er of any portion of the Subject Properly and any msignment Of partial assigmnent of this Agmmnent, specifying the more or names of the bousfttee, the transferees mailing address the legal description of the land sold or conferred, and The name and address of any person or entity to whom any notice relating to this Agreement shall be given with respect to such transferred Portion of the Subject Property. Notices required] t0 be given in the City shall be addressed as fo0ows Cityoflicsno Planning and Development Department 2600 Fresno Sneer Fresno, California 93721 Attention: Planning Director Notices required to be given to the Developer shall be addressed as follows: Ed Kramer Faucher Creek Properties, CLC 8365 Fresno Street, Suite 150 Fresno, California 93720 with a copy to: McDonough, Holland & Allen PC 500 Capitol Mall, 18th Floor Ser mto, Calikmla 95814 Attention: T. Hrent Hawkins AETICLE7 MISCELLANEOUS 700. Amendment of Agreement. Tlds Agreement may be amended firm time to orm with respect to my porton of the Subject Property by mutual consent of the City and the Developer (to the estenl that it centuries to own my portion of the Subject Property) and of the then - covert tromm(s) of the portions of the Subject Property affected by such amerWmrnt, with City costs payable by the amendment applicant, in accordance with the provisions of Govemmmt Code Section 65867 and 65868. 20 71 701. Waiver of Provisions. No waiver of my provision of this Agreement shall he effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of my right or remedy, with respect to my occurrence or event shall be doomed a waiver of my other occurrenoo or evmL 702. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 703. Entire Agreement. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement consists of twenty-one (21) pages and Exhibits A through L, which constitute the entire understanding and agreement of the Parries. Said exhibits arc identified as follows: Exhibit A: Legal Description of the Subject Property Exhibit B: Diagram of Area Subject W Agreement Exhibit C: Processing Fees Exhibit D', Permitted Uses and Development Standards Exhibit E: On -Site Improvements Exhibit F: Examines: Of&Site Improvements, Development Impact Fees, Dedications Exhibit G: Intentionally Omitted Exhibit H: Intentionally Omitted Exhibit l: Ordinance Adopting Development Agreement Exhibit J: Faucet Map Exhibit K: Easement for Public Access ova Internal Roads Exhibit L: Transit Station Definition. Exhibits A through L are incorporated into the Agreement. In the event of inconsommy between the Recitals and the provisions of Articles I through 7, the provisions of Articles 1 through 7 shell prevail. IN WITNESS. WHEREOF, the City and the Developer have executed this Agreement as of the date first set forth above. [Signatures continue on next page] 21 V MY: CITY OF FRESNO, a Municip�al�Corporation, By: /N,R4A. /YiCI� a6ek Scott, City Rane¢ee A'1'1'F,SI': REBECCA E. KLJSCH City Clerk By: � DePaty 7/dl/0 APPROVED AS TO FORM: JAMES C. SANCHEZ City A By: rohn W. Fox, Senior Deputy Date: -7/11( /aa i0 xmea Puas[cr_ba rw., cRw a..iwm.n apw�wml a i sw P DEVELOPER: FANCHER CREEK PROPERTIES, LLC, a California limital liability compmy By. KASMAN ENTERPRISES, ac Bymie limited pmNasldp YMl Edward M. Kwhian General Partner By: AFRICAL DEV PMENT. LLC, a "tomia limit d ie iG am y By: Thomas G. Richards Managing Member 21A 2 ' // 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County of re_�n( On-Mri aW before rhaL NAF c Lin t4blic personally appeared who proearl to me on the bens of satisfactory eikeence In W the person(s) whose here*) is/arfl5ulxcribal to the within Instrument and acknowledged M the that tWNIMIKy notated the same in nlallwelta le authorized EygOIE cawc•y(ani and Nal by hhVtaF`lre'n skpalurek) on the f�YWeA 1MRI1 instrument and person(), or the entity upon henall M Which the personls) aped, mvcNed Ne Instnunent. I century under PENALTY OF PERJURY under Me laws of the Stele of Ceffomie that the bregoing paragraph Is true and wited, WITNESS �/my hand am Ifriel sonal signature (dNAV/anr - 2 er OPTIONAL TroupM1 rlre Mbrme�. Mxrxw nW raryrvreObVYw II rrrygbv vNreWe bpxwrs NVN9 m M,Jmmrmr ,uerw.eereem gun,rem,..,ro,wr.,a.e..n.mrrenrwrnr.wro ro.nan.ra„m,.,r. Oeacrlottim of Attached Document n Tile orT Of Document e.� 416 AQIy wean y0 25Yt paaume mte, Lc�i .�Q E) firer m�l>ad.;it an 5Llu,,Zn iejr Slgnanu Other Than Naman REobe_ _ Capaalty(lw) Calmed by signal raNbual o Indecent o cwpwere ommr—rmela): 0Capome Oftener —Tmgs): 0 Farmer—o untied 0 GMgal m PoM P Under r C, r3erMml Ll Ptbmey In Foci 13ArohnI Fort iI There() n OTru¢tee �vrrl,rrb " D Guarani w Conammo 0On"=orCmsarvetor 81 Other. UOher: Sig " therawarrii I I S kRegreeenfrg emrrwrrne�vu..miurm w. so a. area. "rora..m rvumr.axremrA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cafbmia 1 On 7010 On before me.rrSfai personally appeared rzt b who prose M me on the pries of safalpgorY thiourea to be the partianlpt whose ramefp'r lose wGacdbed to Me within instlument and adnowledi to me that radial" exace a the some in hiemeMltdr aimvrizee mpenTypea, and Mat by on the instrument the pemmryef, or the entity upon order of which the persorpop echo, eveoaled the Imtmment. I corMy under PENALTY OF PERI under Me laws of Me Sate of Celilomnia that Me aregaing paragraph Is We mM conent. WITNESS my hand and oaaal Seal. .,.<,. mm -Aa ,3 OPTIONAL Mrwn NeinbmarNn eemr rsiwrrepumdyxw. amararw,vi to y.rsm, ryNp on eMmwrrrenr and cod nmmrr We wad,fi ane rare if anenarooi Description of AtacMd Document tae or Type of Domrmam. 1),oz [t�_4 .6110;,, of fw+f< o f;h l C k Pmp 4&s ^'a Document Dale: Number of Pe , rc;k4d ,.dC.- slaner140Mernan named Rowe: Gpaatyllerd Clamed by Signal Signers Name: Signers Name. fl IMmdual DIncantel I] cartnereDMcmed Presume OCdrpoate it ed DGe _ 0 Panner, in Fad d fl General p Poorney P p OmXe] p General Cr malAfloeda In Fecf Operators In Fad FDam oumm° Ll Torahs nm.nn� F Daman or Gm�srvmw 0011oh: Coruervmm El Quer. o ower: Signer la Pepmeran9: SYpmmla Peprbaentlrq: emmrauw w,.r.wm..�emusman..rox�.mmnoe oxmm...nrrw.mw rarwwn�raaeen. SUBORDINATION The undersigned is holder of the beneficial interest in and under that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated May 1, 2006, in, by and among, FANCHER CREEK PROPERTIES, LLC, a California limited liability company, as "Trustof'or"Borrower,' FINANCIAL TITLE COMPANY, as "Trustee," and CENTRAL PACIFIC BANK, a Hawaii banking corporation, as "Beneficiary," recorded on May 12, 2006 as Document No. 20064)101297 of the official records of the office of the Fresno County Recorder (together with any and all amendments thereto or modifications thereof (the "Deed of Trust''). The undersigned hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the attached DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND FANCHER CREEK PROPERTIES, LLC. DATED: iall 12 2-01C) BENEFICIARY (Beneficiary to pnnVlype Name and Tile; and aHach No" AcknoxledBmelal 1141217v1 3653L V , IS • ACKNOWLEDGMENT State of California County of San Diego On July 12, 2010 before me, Meagan Pomeroy _ artery, pai (insert name and Mie of the officer) personally appeared Reilly Shaughnessy who proved to me on the basis of satisfactory pedants to be the persan(s) whose namets) is/are subscribed to fine within instrument and acknowledged to me that he/she/they executed the same In bislherllheir authorized capacittioes), and that by hismentheir signal on the instrument me assents), or me entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lawsof the State of California that me foregoing paragraph is two and correct. WITNESS my hand and official seal. w COBE] 1n a+nom Y (seal) exhibits n L IIESCRIPTION OF THE SUBfECf PROPERTY OWNED IN FEE Tac Ionian of Ne NOMwen Quarter and O.e SouNwml Qumer of Statim, 4, Townsiup 14 Scutt- Range ]I Faa4 Mount Dmin, Neu. add Mtndim demnhW as follow,: EsgivWsg At Ore Northwest wt," If Aid Section 4; Wexe goods M-33" Oct. Wong the West lice of Aid Nmi Guests, adistance of 9 10 00 fxp thence South W41'21 EutI diNrae of 15 t0 (rat; on TRl1E POINT OF OEOINNRJO, shoo. South 8Y41@1"mmo , vials 11, of 155 fat; fdi, 25 Sam IIt&p"of"Gas West, I i,mceanicume 207.77Setmdw intersecdeo vials 11, 18. 1957 in Boo 3 25 %at wide . FiYc Gas u Electric Company e South rtcnNM Ombra IS. id S in Book 345; qge 634, 1726 County eceSn; sena Basuto call Wog Eat along said S e Insiefly line, a ail to of City I Fr tutee Sou! Sciamlr3j eev5aso West, done Du boundary of the 329 any deeded m Nc City of Fstmo, s vandi l Seo.mtkr 19, 1994 v IMcauaeRe No 94146329 and rmvdM t0. obn 12, 1994, u Pocumml No. mod [s8], ing. a Cmwy Roasts a11J,of Nm fee -1-W South]399`59"Eaelamsg mod[showing.oof W a din to dA 13000 fag Weme NOMI]9urreg Eon almlg o 27M.mussiL aNnwes No 1, fat ne Ne i VWUOIC 31 with Ne South b 5 If Pet of Ton Na, omy moria; Flame, So. I, 7nIThemin5 in Volume 31, prm H WM 55 he S tot Fremo Cowry R m I N 2Lenz South ]gned7 Eat atitanuotheruth sew Nc Sof Tract mrmrofcher ColNo.sign; O2. Signed tt99'26" Eaet ulmg the South houMay of Tract 1681,, Faucher Russians to one rewndW in Volume W at b IS art Of, Time N County Reads, sdiwosnf 374,37 fm, the wi'o gg What boundary s, Fr No nano FaneMr Gh estReaoscehouulate No. 1, mchNetl in Volumeuniannection�l9, pages 33 and H Plats, Fmw Caunry RecoNa Aid West houMary alai kine naryaM eemMve, whaw radius pant haat South 8M'43- b,,mg a Mlus of 47746 feet through n central angle of 189R'4d a dommor of 15399 fist, d¢twe South 8-29'21" Feral along said WA boundary Ad c,Ar in e a distance of 2" 76 (tete times SOMIsm, cry Wong a urgent curve. along Aid Wal boundary and maerlint, insm, e to he NOMwest having a ,atom of 65,11 fees, thmugh a central angle of 78'90'00, a duunx of ge W G,l; Nmce South 69n0'39" West along said Wetd whadryand xmefliw, a,iAanceaf IM.00 feet: then Southwesterly Along o mtgmt curve, along .Aid most Wundmi and ceNnline, wrcave to to, S Ito having a studios of 358.10 feel through a conduct angle of 44'33'25", a dram,, of 278.48 fen; therm South II98'S9" What, along raid Want boundary aM cmuslitse, a distance of 1OM feet- flume South 2398'59" Wal a dorm,, of 177,20 feel IM¢e South 574595" Fivl n dupna of 25308 fen to the mwerlme of Fawher Cmek; trace South 8.57'1f Want along sued mArlirc, a distance of 3366 mg; shares South OY8'S8" West Wong Aid 'ental,,, a dmear a of 421.74 f m Om intduradd n with g lose pnllel wiM and 1]4.20 fM Bwsh oftlrt NaM line of tlm South Wlf,fsaW gxtiw 4; thence Noris 8>55'16" Wen Wong mid into a dismiss of 15.96 fm; dace Wong thin xmedine of Paocoec Cook the following desanhed cousin, (1) South 0%0'09" Out, a dines of 33 34 Toa; (2) South 3°5448" Ful a dc,hnce of 230.14 fx[ OI SouWwm along a mngent curve, tames b the NoMweet having Aetna of 284,60 (xl tMUPp a cnwd angle of 3798'467, a diamce of I9W !xt (4) mw,, SouW 33'34'18" Ohm a dimacceaf 5981 fee; (5) hence SwNwakdy Jong a lai curve, concave la IAe N,rl having a Miva of 51 feet ILmugh A,eowl eagle of 19°15'44", distance of 16809 fat (6) Nerve Stm SP50•U2" West distanceadistance of 11990 feet (7) ese) Ne8wN 58°43'21" Weal, aNsunce of 32:91(ed; (8) Mena 6auN 69%S4T'Watadlroreebf ]9.19 fay (9) Ibemx 3ouN 9P4T25"WmSadhlac of 1856](m, 60) IFen<e strode 5]9]'22" We1t1dimruen!1S740feq (11) IMoa BouN (iVI6'18" Wmt r di dance of 20648 feet (12) Vence lough ]3'38'53" Wen, a cha=t of 8038ke; (13) Nexe swN 84R 1'26"Weq adiwuna of 103.14 feq (14) Wince NoM 8992'53" WUL a dicwuo of IM 99 feN: (IS) 0wnce NMh 89%443" Wen, a di umc of 37576(m1od SmNnttcomeroflhepmpcnydmnMdby Nedeedrm,N,d July22,1966 w Beak5339,page451,Fr County Recmdv; Wince NarF PO4'26"Wal, paalkl wi1M1eM St00(m Not We Wa11i, ofsaid&otlon4,edistance r1291 A] fa110 apoint 881.13feu 362,5 of We Nwh lice Of said sanah Of waena; Neoee NaM PH'31" last a tlirom<of wh 35(anoapaim518.581enS est lima Noah 0T4Z6"Wmt pamlld wild and 9000 (a1 bsi of fele Won of mi dWest I of a dio Ret Iheme NOM 09T33" Wed, parallel with uq ]RW !en Fars of mid Wm line, a diraoce 1641021IO a point whicM1 hese South 1Y9493" Fiat,a disluee of IGT100 fen NM and o8Y5545.2 ]" East, u &auoce of ]000 fag fmm We NOMwest comer o(evtl saoon4; dine Nosh 8'30']1"East adinerceu(90 43 11ce1 In the lRIlEPO1NT OF BEGWNMG. �A EXF®IT B DIAGRAM OF AREA SBBIEC TO TRIS AGREEMENT ) : ® w }."® gat / !\ "; ` ; / w \ ) ! ):! $/\\ }`/ c RSRIBIT C PROCESSING FEES Pmceving of the Darloptrcm Agrtenaut and subsequent subnuuale shall be subjm to Ih follouning fee xbeduk: Tbalopmm Agemment(DA) $ 5gNJD(one'ame fee) OpemimmfPlan (mgM g0.10(peesq. N. of building arta) Minor WPlei s1,MW Alcohol Oevenge Sala (ABSitI 52.0(01pur by Pplinnt) All olbc agplkable prw sing fees (e g, building plain, building gamin, public improvatem Plans, subdivision and parted maps) not lietednlwve shell be subject to the MamrFa Schedule .Mn effort at Ne roof Whatinm m.tingant along a fee being in plane for de mmc or ta annar pmff,,, lhertaumedl at the ttnma ffecution of the Agrtcment All prma mg fm shell be fund at th, time of submil a of the application fpr City mvim and plateauing undo, otherwise peminM under Se Frain Municipal Can, Yt OmAopmnt Opwtllw Plan (lope) dull mem a dryilel wind mabn e) but intluaee funding Inywff aemiinw be Lnlwt detailed mGXrcdmt Beaune mid rnlm ,envna Imide®ping plw, patlng and gatuff el amttmate an pm,jal in Eduld O. It Mlnw OOP shell mann a.arn m to an emat of a pori aly Wl IXf, whadf, the pMtaed nen, fall, within IM rope ofaevelganmt ineludeJ in the manage nage a0.mavl WIP and u ummlmt viN Nm Dad,nmmt SwdWa It Imlh in to Wbit D and Ihae2rt mama be ,imn eepeble of hung pmeaml an an Admiummim Amendment wda eaff, Mg,I athe Apmnmt uW ne tudiatell in Edhiblt D oflbu Nwiffenmt Aglemlmt in Almhol getting, Sala(ABS), dmmnmtly Wled ABCC . ahallh mbjw to N e ponauna of EUtimt D of m is Llrelnpmmt Ageummt �,v EXHBITO PERMITTEO USES AND OEVELO The hunwmg devign VAdinee, m4tleweit Inventing calci' aM imputy devdnpnwm nadmd.:hell be apphmm to all development of the 'Town Cecil as mivided in de Agreement and sill be incmpamed to my Subool Development Appmnls On We Smiled Propetry, 1. Development of the Towu Cmter IXvelopment or the Town Center Null su onswunlly cumply with Ne requiremev¢ of nos ExhLit aM the approved Site Plan shown as Attachment No. I to this Emibir D. The Pluming and Development Depnnment Dirtmor slWl have the diecradim W 11MROOty to approve modNcniore onion the building envelopes thmuph an Admimmtive Anrngmem as de robed in Section 208.1 or the Agreement and she pmcedurn dmmb i in Mu Exhibit provided they do not subaMmlly cbmge the Site Plan layout of ttr town Cmd, A. StmdaNs Pursumt to Seddon ilp of the Am o of , Development of the Town Curter u ^rbl^'a in the Tllming development swdards', emfunguus I . Panel Out mmmercul (Icor space that the limited to 1,200.010 aqu:rc Set CER — letter 11. TPG Camu0m P82). which include n movie hunter, civic uses, and up to 100,000 aquae feet of r laurmt ppc mm (including coffee shops, yogurt as in crown pttlors. ee) 2. Maximum of 740 ,,dcmilunits 6rm,djI mMdufnnn mounted usn repu4ed S. The four Lifestyle Smits& FAmmmi binimp that abut Porcher Crack Drive shall be designed for mulMle noon. a. Clear. mO mwindows"I be toed foe approanvmly sO percent of the ,olio m dee poured Poor moves m,iont m Fender Creek Dive including these buildings to Ne tuM W much of he "Powe Ceum Commcciil Seem - 0 BuFfiingdeuudnnr 5, The four "Lifeslyk Sem & pomanin ts" building Nu aging FarcBu Creek Dove shall be a maximum four stones in height not W exceed the height lint ions dtacntW below. 6. Buildings still have an amsuivc appamce on all side; nmjunlhe fionl elevation. Implementation of &,io features such as the exlmrion of the retail Wwreent around to the aides and the Mak of tN building, provision of tradesman o1niump, mid Far me of texture mlicf indoor color art aquas! to solid interest W blank wells fear., mmc from of veneer, mrmeoW memlwetic urea mW wad trellises, cei awning. etc) All building clevatians (i.e., rears iraludN) mwt provide elevation relief. indentations, moors styles hx, several As= fmn4 reNer than arc large ane), compote mustang, etc: N Wdition rooflines maul vry. ]. ThSubject PropmrysMllbedeelopcdwiNNildingiinamammewhich is auimbk, manor roue cM in keeping with Be guual eppeveme, chuacter, another style of Net Subyct Property. Exmptiom may only he meds for building aR Wted "ch z homed afferent a "mrpaiwe^ Winder, mage, or appearance is squired to be mvmai 1. N which test rho mchltequml ch,i and defining Acmes of a building andll he dmpabhk with uM wmpknrenury he the offer awetime ImW on she Subject l mole excePUM Daly Fit design na dificminns mgnimi to maintain mid "corporate" idm(ty. B. Food facade, poiesman walkways and pervasive ovededg sbdll tr rncnTmawd into We building designs, 9. All mechanical equipmeR Waiting MAC unix, dowruyvw. deMcal mM ares metro', ate, shell he srnxoetl from the public not of way. PNeslrien mgMnya inns the tenial 10, Pmvidc minimum If a 10 fool wide pNnm ftincluding InMscnpinglmm Nunn SanativeAveme W 0u shopping sister This walkwaYSMIIPmviticlandecapingan bothai6n. 11. Provide narioumm of s 10 FIN wNe incorrect m retai jog M Iasue"g hnm NaMMukiAvcrose W the.shopPm%cuncon BnRTing At Im scoydg ma,,ku wlle, and huYdAg height 12. 1A dSWmg abed be an appmpna a mor of drought Wlvand andciduwu and vergreen tet species Ino ,dwouca). /A 13. Pmvidc mficint tms to ILe paling Iry atw to ptovidc 50 percent standing of dit perking area sutfam witltin 15 yeava (This agwsemena may to tduad to 40 panvnl if it is demovwld that the conanaints of an existing site would make it impossible to men the normal studatde i Tteu shall also be planted in the normo] IaM.w.aped area along the peripheq of the develcpmcnt an cola to Slade and enhance adPcent ptWntY all puhlic ryh000fway, Parking spoons pmvidM in a palling ammtme no not mquitN to wmply with this "mm,i 14. Phmed IwrWuping Mort tie in plsce bePort issuarcc of the uatilote of capanry. A Hold on C oupanry all It, plead on We proposed dcvelopmmt uoW such time that the phavJ landscaping hu Mrn ayproved and venlied for proper invtnl latim by Ore P Irving Division. 15. Refc to the following table for boiling aM Imduapiag utbxk& wall rtquirtmmd all binding kight mgulaticns. ., a.le n„n&W DMrernna. ^' nawlYl.a mal..rreenoem.n.rn� n.. ..Yw, :sWWW I,.1 lafcd ,. ,.�°„ wmml � w �a„N,,F., pN..a..1 R .,, Im • m�llm �If�.a. aeWlm Wnmlio ff2oM Yb nyelm srinW tquYmie p yb l MNE'Nnwvm) N`Wna! 1A) mnytln W I f�p<rsY � �m pgmyarcrcm ewN f/nlLO. om,k eml F.. rn...� eo bl :o wanu..e m xm�� a°am�l�.. Pw +ul a a12 rvl,mn ., a.le n„n&W DMrernna. ^' nawlYl.a mal..rreenoem.n.rn� • 1• Is I. All Plant: must be dmnght lolcnnt IN IgM mpiog Not IN believed m Muse ANI warn cmuumption by E0%, landscape pII ash l be tev¢wed by DPU m verify 10% reduction ForkNR AmildefNNryrid) 16, A Norman Pricking mimm oma of sA Pushing tissues per Ip00 square fen of retail cotrann ill building rirc+shall he mvnowned during all Pinto the protect 19- ON parking scare shall be invAl for each residential unit. 16. Once and civic fact shall have a m iumum of 4.0 perking spsas per flagstone free with shared pocking with Aemo w Ihemm, 19. Peeking barn o to he flized within the Town Center shall be (those previously approved by Ne City'I Traffic Gginecr, as the rime art w faMinAmichn No. 2 m this Exhibit D). 26. Each plwrie of tN Ill shill provide bicycle Parking spasa Wu or c ,NEy Incased, nameable and in prominent locations, as dewmined by the Planiintg aM Development liimmn In miation to Ore residential dmelopmev4 a formation of IN bicycle parking spaces sbahl be duWbuW throughout IN site m well N 1 bmvcle locker for every 6 midenual odic Numtin of bicycle porting Rrias fond bicycle form if applicable) atnibuteblc to the consistent chmincPment NIT be fell ospuirmil of the Fist Municipal Cade. 21 bicycle pNwg alp mx NO each most of me slot in a bike rock and adult W disclosed Yucughout Je site (Le., m1Ua1WI be played proximate to gut elotn of holdings) Out ahill be gmuµd in mcks whish allow fon Goof cpull Itself, mmo bury YWI be�dequate apaceberwan rack rlou to panic, Ink, and eemave biryeW. Bicycle pMing spaeo and bww cvs, Noe i am 6 can Ila, i1vue, r My vi, be 11 Too, op".'i"i r 35 one vital Islas, 6 Is I. All Plant: must be dmnght lolcnnt IN IgM mpiog Not IN believed m Muse ANI warn cmuumption by E0%, landscape pII ash l be tev¢wed by DPU m verify 10% reduction ForkNR AmildefNNryrid) 16, A Norman Pricking mimm oma of sA Pushing tissues per Ip00 square fen of retail cotrann ill building rirc+shall he mvnowned during all Pinto the protect 19- ON parking scare shall be invAl for each residential unit. 16. Once and civic fact shall have a m iumum of 4.0 perking spsas per flagstone free with shared pocking with Aemo w Ihemm, 19. Peeking barn o to he flized within the Town Center shall be (those previously approved by Ne City'I Traffic Gginecr, as the rime art w faMinAmichn No. 2 m this Exhibit D). 26. Each plwrie of tN Ill shill provide bicycle Parking spasa Wu or c ,NEy Incased, nameable and in prominent locations, as dewmined by the Planiintg aM Development liimmn In miation to Ore residential dmelopmev4 a formation of IN bicycle parking spaces sbahl be duWbuW throughout IN site m well N 1 bmvcle locker for every 6 midenual odic Numtin of bicycle porting Rrias fond bicycle form if applicable) atnibuteblc to the consistent chmincPment NIT be fell ospuirmil of the Fist Municipal Cade. 21 bicycle pNwg alp mx NO each most of me slot in a bike rock and adult W disclosed Yucughout Je site (Le., m1Ua1WI be played proximate to gut elotn of holdings) Out ahill be gmuµd in mcks whish allow fon Goof cpull Itself, mmo bury YWI be�dequate apaceberwan rack rlou to panic, Ink, and eemave biryeW. Bicycle pMing spaeo and Oc ,e9uiad four.form ctearmce shall be pm1a1N fiom motor vehicle ocmechmnl by means of both NMers out les Wn six irM1s or more thin Jur fat in height Dicyck puking spec shell not enwocb into tmommo n ways, Iudecered scar or olhp mipmol Open spaces end dull be lmatd proximal to yrmm s'. U. At lean ose bike loch or other approved storage space, as p roved by the Planing nod Derelopmeoe DMxoo,. sMll be provided for every 6 modtinif unit, 23. The number and locution of Mini puling war,, sMll be demm,i ml pm to Some ofcilifomin Efudding cue._ .SAappinR rare fa@enmu mreux, mrdmmr,n wqe. h"A 1111,91,15 24. Stopping em coMetim uu Anil be provided for stores for providic. slopping cvk for patrons its, home sternums tors, geTeN stores, or, ) At pat of the miew, edff will movies shopping our m11,mim at reof ii i mdun pidN m, send is mvinsists of the uminimum If tom url contours, this ver muss he srtenN by a four font wall 1M1 shall M oonsnuctM of like mu¢nal fin the flore, not of aluminum vibing). 25. [testy depict le shopping wn wllwdon mon famed 'm the limiting arm. Privih a minimum one Inch carne¢ curb around all stopping son wllesvon art,. 26. The design of sensors itsh pW if used within M project, most tommyrot esaory tate elemmlt 56111 M wmpmdble with th, xhinmtuut style of Joe buildings. 27. All moth cwlonv,mif used with, the project shall provide the minimum 10 foot visibility unroll, ui ensure that their lecatim tice, not sensors me flow nfp,1,m,n w,11" vchvle WRG 28insb encl0atm if used within the project shall M wmovued per Nblie Utilities. Solid Wane Dismiss gtmtlmd9. 2hek deffvob 29. Deliveries mod binding mull only he done bnwem the boors of 6: W a.m. and 9:00 Pmt mots, lim loading mw u Ieob1 rot lest turn 150 f fmm residendal seeea. However, when Wemi Mign aN mormi manna lore mmwe arc awroor the I50 ! requirement mry he reinsert in dumi,i eppmpoule by Jur Plamiog and Develapmenl • 0 Dieccmr. Each logo, knent or subsequent owmt shall sign an agreement ecknowbslgin8ihis cmMiliun. W. lMm shall be no idling of woks orthab bailers vrpahing of such tri during non delivery hours&a Oil about. Ovdooa4'ning errs 31_ Outdoor dining is pnmined; however, a mwm an six. but char sidewalk shall IT, a a trmcd to are, for pedesnievs to walk through the meter. No additional poking shall be required] whenever wtdmr dining is Proposed, IhivntNu fuilMe3 32. Then shall & or ncrt than lour dmothtu fxilida of any trod wityin the low, Center. Drove thea facititin 6a111,1,m sed from all public right of w,ye by a tho, fwl IOMsape hadlo, ,xll, ,r men ioadon throw (,, appealed by the front Signs 33. A Mata Sign Program sMll he submitted which will idemtfy, the design. height and local of all future sips, including free smWN6 amnumem, andlof dim iloslsips B. Permitted User l'bc imrnt oftAa Devebpmenl Apccnnmt u mallow for flexible desip, standards, white aW de5odng which runs ate pertained FuMvmwm, the pupose of the mail c Is allow for the uk of pmMreu mmmaaly fond in mgiosl shopping umgo, whle oleo providing farswim land in sufia cnmplexe in a yie, medrn r. Allueeallowedby We Co,Zonioa Torrance n tea c 3 zwe J,t ice mitt har hardly roidemul oda.and mind ase development ,v am permlttod, unless Ratd below'. LOU not pemained ,uomnrd Vents I Sort, semen, storage, r ni 2. RmoatiaNmobile home v,hicicales 9. Body and leader shnpa 12 0 • a. Truck or Extght mnmml s. AmWlaaee serivdupmch anter 6. Wm&hieldrtWv/iesulhlian or window timing WnreAoudnyd'romge/N'Fale�ding aN duvibunan ]. Sbrege YeNsl(xiliucv 8. Taw ymQs SWea 9. Pawn sloops Amends 10, Retail poullry or offs ulek (alwgMenng or dressiW&cludiog Supe Mmkeu) Awns ofConpee Ivn ofPmpM I1. FmrcN More. mortuary, Wry vowing 12 Ceme¢p/meuwlmm M arn�u. 13. SMoMg mrges(encludiog tmti gof! afa st r, Joa my sell such pmdu,o) IA Adolf Gore l3mkHma.ifnof pemrltted by FMC Minn 13.306.N 30. Is, Auwmouve mpeir, unlms effduool wiW m xalowede aervia stoma a deraer In sMmn Ix-las-A.zs of dm Fresno municipal CWe 16 Amomotive paM1s. soon eN eervlce A11IMSolu Alcohol de, ve pmhibiled u,less ,"C Cmditinwl use Pmmit is oeWeem lo ecoNance wish Section 13-301-13 of the Fresno Municipl CMe C. 1u¢ntio mfly DeldId 33 • D. Processing Subsequent Dewdopment Appmvele The Agreement Micfe 3, (Section ]01) armonatiplso, than the pmju may tmc pmrawing of Subsequent Dnclupmcm Approvals such u but rot nnsual Tract s Ic Dgipl and .pennon Plow ori (es dntury tl hallow), i anal Tinct aM Panel Maps, Int from thj Pismaie, "it Dry Panel l Eavar, aM Building & what The Director the wnt Ang ontl air elapmnl pursue wu sluff decide wlmt Subsequent Develapmmt Apurs, of ua gamma pmvuoiti m IM Fresco Municipal Code, Smte law, eM Ik lemu of This Apament. E. Subsequent Development Approvals; %hM be proranetl as follows: 1. s ymnm by the City of Fresno Plmming a^d IXvelopmrnl Depemment Of Complain application, which shall inclode tle following: n. A deuilM ste plan of Ne pmpttd buJtlim(s) in rtlmion to a specific phase of development as &pkted as Dm approved Silc Plan in Auuhmaot I of Wu agreement, informs all pmpised lu&caping h. Dmued ckawa^Ls) f.e. an four ships) that di mbsantlal mot^mury, with We design elements of the Development Agrtammtss deombed wSadoo gofthie Ezhidl O. The PtopwN are Plan slash dal Me mpu red Pushing said sows ways ani the access intaalatiowhip la no monarchy of IF de.anpmcaL it iM Pmjost applicant siball Provides dhamletl vane ionsl slatamnnl which shall subsist on, nwllrcr of employee=it tin, tvpmdn dvigivul parking uus. m addibaq this plan shall include any narcissist ab agm devla(mni or amuWmmu to De Applicable Rule of day Ag¢oran L c The appmpnate mteknarat filhig ka as omlinadm Eshibh c thv Dowlopmmt Anointment shall be paid upon mismisal 17, 11x omission of any of the hams a.e as Want ahove sibs II be ieuv,. for mjaaion of npplimant aubmiWl. 2 Distributors kr, review and commmVaoMidmv of pmjm appmnl'of Subxqumn Denlapmew Approvdr vW1 be moNmabl tinsmith the IXvelopmrnt Pmmmh,P Cmm (DPC) or thousand" auRu dttemdned by de Pluming and Develupmeol Ilefmmwnt Dirtebr. Tina wdl wawa important W anni processing W n:Aaw f Subsequent Dewlopmmt Approvals puaww m Wa Wnu of Nis Agreement. A Any me, aIS, City mulling from Senuem Development Aplxoval widef bawl wi,ard NYsoflmon Dinclor The appelater may ,side by .hears iecuo Dwhe Pl nt Clostate Cevelnp5 mey ys lobe I irtGor, esio to Nm Pluming f'mmia wr iMn will N� Upon Property f g eo hoot w Comm, one Ther shall cisi he scheduled for heated; by Sheim Pluming Commission. The decision of f. Plowing Cpumiaian men Id mmldmo M1Y She... Ciry o moil if. within IS dry+ oe bO Planned eamaussmn ,anion. CmmuWembv foe lM1e rtpmeec the s council Uunct or Ne Mayor sudo rtpumti the City Clerk m , of She Mr mnw for Ciry Cannell eonrWentiart If , n Commo nakc moh a of etc rtpin 15 dive If the it DiWig ar Ne Meyae da rot make knows a shies he ffine. if thlle of the Pumiog kefoission's e,muion.'LS ememos shall , thePw the s on's dike far cansidbe 96 by IM1e Clry a Citil, ou Pluming Correlation's N it d shall be l w,I and IM City Council Ty rest o be o i deny the he Por for ap a,m This pmts, is wteMN to be machos. assh O oosome for aped g of special orbroom any mlid Emsm Ml ird,o Cee sewian E le. an ell a 06 led For handed entitlement ismed rom, gmiun E.IP or c to, say smelled a be handled pursumt b the Remo Municipd Cade for suMlviziaru' m, building C. If Subsequent Rvm;mem Approve a mrya1M far an elamem of Its Pojm that ie coreiaknt with the remtitbd land uses. pmlat scope Me design guideline se forth Is Nis Estibit D(a) No further emiamuncnml review will he required by She City unlaa rtqu'ued by Section 15162 if Ne Sot CEQA Guidelines; (b) biceps as mecifieally set (M in She A mem, se additional osio lsom momma shall be Tde a commit of merwal of the Subsequent Developmet Appmvel; and (c) The City will not citm6m the+pphiouNt for any sm Subsequent Dwelopmem Appnivela to other real City ugrcge (essep for Nc BaNmr Water Dorms and AdiCM's, wbkh nay be mod N Side Dapamment of Awcbolad PevuegI, Control 5, Consistent pm en ander protect, She wwitl be 'm Admmmse Amendment Order S,dwrl MS.1 0( the Allotment sboll he pmceeW using the C,om and aments fDDP) mm provided below led deemommi Of whether en weloodnxnl is AdmNiwtive or Mnerial ,boll be mad, by the Director of Ibe Portland nd IXsxlapm S Department o. P jatmbmiimmilonounlroMueriulAmadmenu,bili besubjectue Smion 208.2 of thu ASIrm mt (Wu w processed mede of Nu ASrsmeundw m City Orem., meads stand Weide) 0 Digo aha operation Plan (WP( powers The Design aha Orrvion Plan (WP) ircluess all requirtmenu rm foo in Sxeun El above. The WPpmeusis mendM Waccrimchoubwoi Mcxpwtcnl and efficient mount, 6, Subsequent Developnmt Appmwls audit Oce Demlopment Agreemena Aa noted Move. J¢ process will is Wwutl through Aa DPC Or alternative su f as detosel by the Planning and Ik IOpmmt Indictor order to rimmuin a mnsiswur review procedure. t Cub pmpmed use cued Iritan tion in the Town CmtcrsMll be subjectta the WP p occas, except hr applitatuv' proposing alcohol sees for either on"'If-S to axles which shall be prwvned as provided hebw. 9_ AIXsiiot Review Cummirtx(DRC) shall be e,whouhN aha shall cownt of those members two Of which will be p,Tmioual playing Haff as appointed by the Pkmlch; and Cevelopmem Du=o,, tied one member appointed by the Developer 9. P ch DOP shall he reviewM and approved (wish wntliiiom R MMsMt) by the DRC for caWomurce to No Ane tra nt and th, TIRE shall wumnmoelYagm Nn the WP Is ice Containment: with this Agamcna 10. In Ne even that the DRC mmol agree N a Monotone manner, rise demmurefion of POP condo marc, shall he rtfened to the floor, and Develcpnvwt Dimfor for final rectsedan 11. Any anion ofties DRC If Oirtropis ambient to offset A thim 15 drys of Nc action uNrn. TM1c hppaldull bebthe Planwng Comniisiion. The decision of0r Planning Cummnissim nal con ri lcM by the City Council i[wiWin lS doye elver Ne Plammg Cammt an dee gthe Cmnndlmomtr.hr Ne mprtarnmwecmmimmt aim the ra.ror requuu Ne Cip c1oL m ¢hdule Ne nano for Ciy eourci l considerationa. Mumve such members thmeewtive sortil Disonor the AWymdo wtmeke such a rtqunt within fiPmat daysuf We Pluming C hedut,i fib,,,cisian, Ne by i law City Council Enol. IFd,erunst Commission fn& reason sialoss by Ne City Coaltie Citth: Council Cmmmission'a dmi�ion aM1ill been tithe aha the City Couwil may appmvG mMifYordenY Nc aq,rsdappiialion. Itis Pmcev u um,rFdtabcmoiipe C thNe6m]2 rFg 12406.Jivlpetmy uMerFreeno MuwcipJ Code section 11-IC6F UM I3A06J Forany PJMmeifnt doneeFmMw Municipal Conde lice wWYaPP Ahaal WObdeinhg Porous, o oted if allowed. 12. In the event of an appeal, a public blaming ood[e to not requimd 4 Almhoue Beverage Sales (ABS) All ABS permits shall No subject to Be fallowing processors: Il. Each Pettit shall be subject to mien std approval by the Fenno Police Department. 19. TFu Planning ars! Develop ,mat Duorcbr is responsible for review of ill ABS Pettis repueso; I5. Notification of mho Directors restaurant APS proem Motors dull be nomioM to all torsi ownelS witlw Jso fce[ of Ihr pmpsel Mae location co mmrneme n Is day appeal period. Id. Any appeal as a mult oI the public robot of her Director, action she 11 be referred w Ne Marmots; and Developreent Depummxm Direct,, for fimW resolution. The Di=Le, Mrsomation shall be final and aM prvk noure cl worried] brgivm to dlirvereekdpssmia. 17. All ABS ImMe NMI h subject mo all pumimu State 4ws No ndakd b ABS. Prier) Creath" and Configuration (PCC) All proposed Tentative Tact " Tmoul Parcel Mason Lot Line Adjustmcma and Voluntary Parcel Mergers, or my other pmctl croactim or configuration (PCC) that is nymlated under the siubdivvion Map AcG shop be subject b 1M mpmprWe pmatlurta as contained In Per $4tt of California Govemsrnt CMc (Subdi,mon Map Art) unit the Ftum Municipal Cmd, ',,pt that my PCCNat is wvutrnt with the AppmvN Site Plan (Anointment No I or thu Exhibit D) ami be apptovM part geomaein (Attachment No. 1 IN, NLe Exhibit D) atwhich mmy be considered only an Admimses ver ArneMm"a Enhc5avon 208.1 of the Agreement) shall be considetd c,,ExNuxg to she, Animism and not object to new or additional conditions imonnial with the Alinement EnNlanerm pwesttd thee, she pammspb 1g.. that are in compliance nth Its, Agreement still the fmM to mm all City Inswonew mrylmmes and shall My be cM1itirmi on providing to socrosvy dedications to mm he rryuimnem of the Agamem (wcbmt; Exhibits). E%AApLE: A tentative prowl mq, ther is a Saha e,ow, IXveWpmeN Appoint shall nor be wMldmd m emus ube o1701Sitm request in Exhibit F. bot Ne map must dNicek she Necessary tight of way recruit mck, Exhibit F. if not almdy ddi and to be City, and , the AA Construction of lie OH -Sim Improv WE candidates of do, veeWg p nrtel resp, a abdivision ngrsmeul aM security foe...union of 0¢ Off-Sns lmpmvementi would nm be required ss s ,Mint, to zppmve the fiaai map. v.� ren.m.sr nv n�mme •v b vvwlefn &amm.®Irnlu .owl, PC v, w, roil hvs'ea �I n pulse or «p. ..w:p.low wwesCuli Now i.'�vw w .eeawn peeled fissl AarwCA mI. Aew.semmv.m. CWry�numlecm.F C, , Mp� CNICenvso m W0o SYrt AOwemd m Cv46udtivl,lm Wp i w N,(s.eCCo.. As) sii she Avl TahWovl Perml4. 19. All tecbniul psruis. iwluding but not limimd m, demolition, girding, decWcal, mahanical, plunlblo& building, team inpmvenent she, spall be suijm bas Pool by the Fusses Municipal f,&, sod C fomiaBuildLng Cod4u Wo endamended by IIs Fmsm Building Cade, a of Nc duo: of this Agreement "I sunpn to a is dry a0p.+I nam In svym to a is dry Its,11 edM Ia SWpn p rMew aw a doenrel on me ertsno Coke' tore. A ATIACENLENT NO.I TO E%NBTY O Approved Conceptual Site Play ££gypp � 1 Ft1 `1 1 1 1 1 i Z TLos. d x t iSB aF33i9I Re CI ¢( � E To =n \(� )](! »}\�& | [q �| To =n )](! \ �| m rN 9 4 9 + s. p �1 p'` •fJ, 2 �__.� f� p•••.,I rN 9 4 s. �1 p'` 2 rN � 4 s. p'` 2 a f 4 s. MS 0 • ATTAC9M16Id NO. 2 TO E%®19' O Pmrk gGmmeMa J • AiTAG'FIpasi Grown 1[eIDTTD Parltlng Cmmdria NMDmtialka Cwnuiq Temp 9(br f*'wAai. Oembesg$IO] Rqe Omn Mr.131 mIwa PE Took 5gAtewng Momper 2M F mo 3600 From Sueq An 1067 Fresno,Fresno,U93]31d616616 Subteen Revised Proposed Perldnp SmrWWs for tAe Furcbv Creek cammerclil Dw ajornot Project 0 be bated at Morm i Avenue aM 5aat Tulare Avenue In the flay of Frozen Der 9,3vn: Includes BN w¢ No, ..ewr^ry^m we auppme,p moms Mme Smbn INObafd6e ngnpod wYA Ne PMm �tlon Natling AweF h bmMOLmiiW tlrc Damm mMn�wmepn,wudmamempg36arcPaPese efdlrmmeaas•Ar.rea saw � Ip sm@clm iia Csgsvflns of awsagwnnb wa6noretheFA plea0e, uo be lsobtat m,her.of Gmom4lfreewPePreaneNomC yhlne mwarm m be mea q be F.ndw oakror cenmr w b<lau,ee u rvaa teen A.wn. some vK Fm Tutors Armue N,M Ory of Fwm, ,11,41mv As Perldng Geometries, v,a 4LMe6'nu for 60 Degree Dm6ond Po,png: 9e u As: fames mlasno seasonal Prtl]IarbAM dw panel r diolpW u 66 define eM Fdbwfig Inventories, slwJa be wlam I. MlNmun Ori Parking Yds rNd,A dwJd W 11'V Masi 1 no Wool soeb y on" aide Mdd, sMWd be 33' . Variable 3. sets a,aac!W VT' e(eanPeR and erybne ora)"Meas naps mould be noosed) is Wap 1. P6 kgaeds "burn Or Par"AWRO hra. Centaurus rmmem oab. an Alarmist Was be overlong kpN of T V should be AbwN. 5, We dada bele NlerytM1 roma any disposable arMwy burial 6. Dkxdanl all aM pmnart avb,ga n approPNs rlwk be arri m amM w � diesbeala, dPolk floor dreugl one projeu fLCgMvl I6]l]MW p ap D. Abstinent Na. ; Pqe l 214!w '0 V^ / / TXJA Mn Bin/exap.E Lmgnvem Oem6u9.E001 CaaJenv lase} ]. The bow lnted%k modulo kngb lar twomry daWkladwpdtlyatrW dpll be 6T]". This kngb does nor surface.q mduwov for the %le nble ovmiul loWdh B At locations when a Isle loaded pray We fronts maskdw "or tmcrne medse flow It re[ommeMd bat any tries "or m¢2 fu'nhue wNFM 3' kat frown one, M1ont edge of be tlYgonal Panting still be okx 0 be rot as prN3y ren by 21- 9. At locations where pealing ahlp front un bob sltiv N a cmcrtm mendan Island It recommended that my peace anNorf aril above Wound be cenww bawecn a ret of four steps EQ. The parking awls McWd be double mpw to enm mr prvwu w cereer end, "hides In Adr nepeahe parkly smll (tie flpoe l). a. ThetlooblemlphysboWdbel"wNewbhe Mn b. Mr WWedeamwbemmen Uatwae"wpevfikellnwsMuldbepmrhtled c Theentl of Wl pvWngsng sWyy should be mntled 11. Rpm I Illuiva® the pmpnae per" aromewc nor dgme magmul pWxy wMout candmims concrete arts. PaMng eubfellpm hr Parpenmcao learkingi Aa lemma wfwm pmWihNakr perking Is uud the foR,,v g Mdennw untold be mmiderw: I. no required backup spam drmW be ll' 1 We imuld be b'9"vide(entrust and enpbyee only pray rugs should be mlded) 3. At locations wave be pWJy s%d((a) fetesmdnuous wweu curb. an gornNe werlunf of IaMn of Y 6" Adcoulci be allowed. t. Sack mould bel r In leryN III my elomebk mvM1rrl lengN 6. "reworW 900 era prvrwrt merI a yropilete shop be hnebed to conal also dheNm oftraMc Row bro* be polecc. 6. Tha bow motlWe lryN par rwo wry causes lmdw paddy Weas shoal be 0feet This kyN done not Include my nduwov Fortin e1omHe overneng dlmevlm. ]. At lvvYom when a Apple bwel parking Wle trouts on o 4dewolk and/or concrete mMpn Island Is Y mo,mmeM du W tram ember ebwe gmunc spam NrnWm wIAM 3 fewfmm cit bent edge of be parling sold be mtxW beaawmh pvby anis L At bodwu rdvue pWdy eWea M1om m unit few of e contrast medhn skid lab ncommanded dost ay vem and/or baNve above ground be tenwtl becxen a sea a four n4 9. The paMbgmh shad los double sensed m ancoutoge peers m canter per wWdda In blaapabe parsed W (wegpna I). & The double strlpng ahwdd be d" code wnhelw b. MW' Whin dumca baexew be two V rodo whim Ina unoWe be provbed c The ntlelog phYq top selfAr(MaJd Mreuded IIIIMI6MMS3YF01 Bhhkh D. AtlWmee No.tIvan l ]/y3009 r^`1111/ ''o ' of Fresno—Fancher CmekTawn Center Fl um Proposed 60 Degree Diagonal Parking GeomeWa I h � r � T— —Pa in0 bV Ini oal F IRS 4' Wo SMpe I I�stameN veseenaer venida I I IIIIf06v136U20JN 0 RD.Alutlm PW3 ..,,.� • 0 yuml I me almpac PL naglwmn ca.'Pon4 On) donw vamd Parning Guldellnes for Parallel Parking: It n aster msend that One my pmld tender consider one Followed bukellmy: I. The minimum band to or puX out spact adjacent to dm year or ad mA shouN be attt of mrsemse arvu HN a min Mun wo an a Inst 2 The misMum bck fdfuR out seem Aould be g feat between rvm am of stalls 3. Snads drouM be l V b Ian& �. Mboaw wFre Partial padding admen b a raised rum starts v of lea Ne son areas ANN beg Net S At buxom more peannl parNry is adywnt eo a ranee tum Nat Y Imam Nm de stable. the and MtlN should be 10 firm 6. Is b ramlare MM clad any cadet M1vniture mWn Nne Ian M1an the paAl q soAs be cantered between me enable or Mired at one nM or Its, Net or bar rush I. The mNmum mo way are wldrmaoule be 33 feet W,M square let of rvnamates mora awns mird heart a rads' and I Ae W. W aquva tganevl a the A madmum of d demand M on arc Summary and Candudomr - auedm W rmWe d one Waw P&N 6rameoly and shared WWq ganendan modytla It rssommmded clot one City, miew and appom the fotlowNg In one other pmenvd: I. Appove one parting=0gewrwmv er 60 Dagen tlbgoml Wltlng 1 /pprvw We para]rgaall gaomavkslor pvpaglnihr paddry 3. APprow Ne Pa(bgaoEgevneuluMTragd PtWN ' 1. Iyproee Na we Ne illi tbartdpMyemlyabwtleorMne Ne nunberafpMgnlls raquWdfar dw PMar lllL06M36Of.0.Ue Fglbho.AVWmeulb.l Page6 YghM 0 Tim & 8W IImM P.E TewpgEm h 4141 Ca PW3 WM on Ae rmWv afdreomt pantrygam a ant shredparwngmendm wliM hb r nldndM du da Nrd Cre&Town C vOnn preps a mixed cmnepnnl she phn Wat . UNbm 6 Clg appro parking and genet for 60 0egrae Qagmal parld" 2 Udgm Aa gtyappmndpadmg aullgnmmio fw perpnrdlcohr par4Ng 3. Wilma Ne C w"y M pamq aoll gmmmWa fOr paMtl paMng 4.. RaahJan the parWng gmmmdm lar Ae concepnN sln plan Wed on he balardq Of Inxeable am ant the required pMng for Necmn prgnt Should you Warty quesdons ar ere and of aWMawl WomnWn Anse "frn w comm ran Lt 559-3E mo Or at Nm•idoAzxlanrom. Am BenaNdn, PE Asso.h¢ 8 flrurdi Mmagv. T)l� Fluno }*rsdMmV ,,10=nF wGeMWner0.grdM 11MO]Am I I311WH36132IXv`i Paglgll O, Aprbnmlb.; pye5 >,ga3p3g //I E MIT E ONSITE IMPROVEMENTS e e � \ j § J \ \ | | °|§ |�\ , � |§n� e � U� ®r RI a ;| \\bR ! ( \ ( §��UMMM §\� U� 0 9 ! /\ \ )) )| { ; BRRre 9p,� «s R\•}ee>!- ! 5 ! K§ R%gipRJ/faJ \6p| .! !\!§§§ 0 �� !��� §/� `|( ,;tq! >// NE \7 \§} w) !° 4° eon 9Q!![ �/ / \Rijt !; / \`/ §\}/ /) R R© ®§ �� z G �Ty@@pR �FOR��R �egC$ o� 0 d Iwo d� >>4 @cCCnS ,SSA m |/ ME ! \ \ / § I/^/\� \\ ( 9rlG m m |#R@Q!&p@\[\\ § i §) \} / h §�§ |RRgIR, ° §§ m %q ) %bean apeD.s /R\| §g9!/! ) ��� \ \ / §! (� (�§ |! , �]§ %q . ! 2!) \» #& u a /{ � \\/\ OR 9g ! rEJ§dJRAR E |E @ \� N§ y/! \ \ i\ 'I • uQRr>e! \/R 5 «, ,&JR ; #9 @ � \( / §( / /� \ / %Ja© ~ , §) . )( � (] 'I 0 • P 56'm+f� MAIN-` T�, ffio �s� gg❑ Z9�2$ ^�..� w Yn ti 3S'Rv� GES '[6 cE o' 0 EnF e ^ �. Z •3^i OFao'i =3e s 0 G 5 LR �o-�� GS Y_ n� m�o I� ri :a� A s Rosa>s�6 €sffs-� 33mG�> �n kg'9'E sn 9m�,E`iQ 6 q q b H 53 �P� ye�pSpS'e. tlg�w o� Gia 9 6F �G n� 3 Rm AAA6 lam^ �5� 2 R R On m�O I� �§ MOW ) > §§ °go �[§ �§ } \ ege®RJ , \/ Op \§\\ rR)G \/@ § 86 6FPR w® /�&; &j A©z \§/ | 22:wa,§!\ER§2 \g//R/\J i §\ ` )] . !\/ FIN ilk o ya8 R� 5� ''qq c�s�e > g�`^g9€€��R� 8la ca- a gg-o 2p8�— k �`ka U;m;j?,fl9 a-.SR=�S 8 s S'a a<@g p�8 go 0 a$6 ^Rw gall X22 F�Sn p� 9g5. l.me B8Ffi'F4 eg Sa 40 11 �$as In 3ricR��2 71!1 CpG.§9�Ee=�Yg��311 8$ BSEg oEFmAe E ae b G 2� y pp w� O 2 R a� 11 \� /! \5#| §&e. /FI\�» \ )\( R §; \� §) ./ , �\§ \� /� \« rm 9` FFlE / 3\\\\ ` O !g §2 ME rƒ RIME \ )7 t \\{ §] \� RAW §` /� ƒb •/p\R=aroeF r/ae � ; \©§/q\ ` \GR\Rf� \/` §; \� \§ §° m)\ ƒb \� § Son H 2- �/) j\) »t\! w e 6 g !\\! x a !! )/ ]` ;|§ |] , �}) \� z A O R C 2 0�4g 9 osoa G'e B ma: �yy^ o@ �b 0 z .a �o n my 40 \(ail \ |§(§ ` ^ | \\ 4 B §) \ } IZ §) §° \§ >00 1 % own A` \o 2 � 0 § / a§ e, ��!\(§ D ) \ F \ / \ \! ■ \( @\ }} \ §° 1 % / �� kW MUM § | /, » a > `�fl� , ,. §] §§ (|§ .; )` \ �!§ / �� • • C OTBEB AGENCY PEES, DEDICATIONS I Olt IMPBOVLFIEMIS Developer shall Comply wub tlw apacUd form eMlor forced rnMiuons pmvged by don egmcws Indeed b,ki unless the paniculac egcmy pmvido effect to Ne City that as, agmcy4 pmvidW a new official letter of wnNboWrequirtmcnp that 0 i au hd to mpla¢ th teres atbchd to tltis pgtammt.During¢chphmi7fdevclfpmmt,DevcbMsr llpmvidewritten wnhuuon by aII of Nefolbwing agencies that they are in with those air mcoff anditiomltquirtmma prior to Nn iswaoce Of any and all building preens finite, Je It, for such plume ofdevelopri 1. Baknuo Water Company taka nnWnan Water Bimlitt) (rya Alienated). Before any talking permlls will be bnued Developer will provide no agreement from Bakman\Yner Con iusy evidencing their agreement to pmWde water to the Development. The city "fill 1101 Fmvide water in tbe@velupment. E. Frtmn Cnunp- Sebedule of Feel, of appbicable vs determined by County to nardmee with sppBeable Iawt and regulations (Exhat F, Attachment 5) J. Frwo M[Papa4an Road Central U4lrie (ExldbB F, .Atnchnum 5) J. Fmna irtig, lad Butriel is required to rig, any pareel or Io clad, maps In the Sugew property that mead, an FID.amend (No Amebment). S. San Joaquin Ads pollution Cusi Bhvla(SIApCB), letter dated July lq 2M, as applicable in denrudned In amordaaa mth applicable law and rn,dideon. • • EJ hjl R AlbaLmeol l OR -$ice lmPewemeotl ■ E 1-1 {) 3%' • • EAlibil F, AmehmeolE ORiite Im rawmeme • I Es I • 0 ENihil F,pnvahwol 14W,41n; EueOoo, xnd Vontiooe 411 \ e FANCIER 'RLLK ERE \ \ e �\)} \[}: e • • e blt F, nn.mwma T"M sisw"..uon m.p ri e —�---- f\ • • Eahibil F. Rmohmme 5 Schedule of Couury Fees OK eWtbn F. nneebmpor6 Frneo Mehra =9n Cwwl MsIrin Nmltt of Rquirem"t, CI 'IHpmgxd tlewwplmawW gmaematam nmBwbkM1 lrtdux potmliJlY d3nifiWm umumnt.l 0TPLT F AT'[ACWffPT 6 impecu vW wM1ich mustMptperb'aiaaM1ugtl ad mitigeYCpmrvyo to me Calif D^—' -V Qmtiry Mt aM me NelblW EovhmimmW Polity O Aat. The Oybiu wpaapvatim wim gu Gry mtl bRPdNO MCIROFOIJTAN FI D CONTROL DLSTRSR W implan®t{Xm o[mk Mage Plm bYmly <eMopmm<pojatwill mtisFj JndnNege NeW NOPJ4ZEOFREQlJMA4 iJS CDONNPPA impar a[ me pmjmt µtry W ao nquimiwms. PODWCAGENM DEVEWPLR O &w orbuiWiop pamilslmepalicWvplummpoNm ofticprgm el Ju ntm weO¢tY We lime of ofs Us, msAimmmo UUswa Area^Yjaar pDatWJwicllhwwilhl Mike Bembg Supvvltins Plmov PlaonloE& DewWpmwt lkpwnml ED RABRIAN LANCGJGBNN'&CO. GryorFFmm 005 N. flail 0W, HD11E in tlap sPsmu Dime tlmwlapewill betgphetl la rselPOe gbh CnwpeAm "BD• "DO -(Z 1 Meeh 3600 Fro Street iRF6N0, CA Mill Frena CA 93121 O tots slmplmmpmilW bene ing RbM 3.3Cp8. Aavmiawm6pycl upM1wtE, rojots PROI NO. 2Et1p-0111 FFJr IDIARY PEP(5)(Sw belga) DRADIAGEAREA y ++DO DRAMAGEA ^ y ^ AP.312 v DATE DAAMAGE AREA EO NM{II OU allow also tlereNp to apply mevmumetlm aMiss wlmlp DnNsgeAM^DO^ mtl apply mem W moo me APN ]13-031-0i.J]APIA&N 'IYYI'ALF6C jEgyp,pp mewsarTme3(Pivawe edualmmas b Mew epggeirm PPDA µmoot bJmce ADDRFSS E'S CJpVi5 Nk8OFT11LARE AVE 'IHpmgxd tlewwplmawW gmaematam nmBwbkM1 lrtdux potmliJlY d3nifiWm umumnt.l Z impecu vW wM1ich mustMptperb'aiaaM1ugtl ad mitigeYCpmrvyo to me Calif D^—' -V Qmtiry Mt aM me NelblW EovhmimmW Polity O Aat. The Oybiu wpaapvatim wim gu Gry mtl f ryhm0mdapb mtlakplMge llumDnWageavtl PbW CmWalMorc Plan. (anplimmwim W implan®t{Xm o[mk Mage Plm bYmly <eMopmm<pojatwill mtisFj JndnNege NeW CDONNPPA impar a[ me pmjmt µtry W ao nquimiwms. Punuve DlrWaYIXelvp F lMiouice �,sofWtlengissumsfir pail; ' O &w orbuiWiop pamilslmepalicWvplummpoNm ofticprgm el Ju ntm weO¢tY We lime of ofs Us, msAimmmo UUswa Area^Yjaar pDatWJwicllhwwilhl O medeinye ren mWst mby eWgalSi Us Eons 2lmmeleNlMmmtwe to Us prow wim mepotUa. a meemmadJnkeM egwsloulelY S]vem Ily(R4)nb. Nothw, tlap sPsmu Dime tlmwlapewill betgphetl la rselPOe gbh CnwpeAm "BD• "DO -(Z 1 Meeh MP*0013aboOt will allow ftUs facilities as roe-pma wpilmm Are a°RD• l ecm cOm Baeeli®bkeml to ifo aha about to me lmrl(Drsivege Asm R^)dninyge ren cb11gs11oo. Ito fz iMiutetl ebanIs valid FeMwry 3p.3W9besetl O tots slmplmmpmilW bene ing RbM 3.3Cp8. Aavmiawm6pycl upM1wtE, rojots eiuriam eedphsu will basubjgy roma nbeahetlulcmdfmutlwtlmeofEevebpmmt ofYmphue. Moab of me patµ MB aedn Muegs mevim by me tleMWu amrmmr gOMomee Whites wilhio Deeiaepe Ane W. To me camit mal µah frriliun me WpWb[m mrbnwe Re csc iL tM DutMl will allow also tlereNp to apply mevmumetlm aMiss wlmlp DnNsgeAM^DO^ mtl apply mem W moo me mtiaye ReW Areadam 1Te➢hginwW metewbmlaawoting mewsarTme3(Pivawe edualmmas b Mew epggeirm PPDA µmoot bJmce r;maWeratiw which may aOm tlu Ito aMiptlm(a) = me timbg w ram ar Re prymem: a) Pem nhmE loutlewlopeEnphaaetl petiuuormcP�maY betlefarabk. b) Matto- Plm nwm maimge mcWtkamry AeamnmcW, mraqulrN bbeemtlmeled intim of paying foo. oroµ NaG0.1n-FRpxa.ume>-Mryewtm-nMM%.Ss)Im n.erwwawxw� j FRESNO OAOMMMF ayi CONFROL jyl f # NOTICE OF RHQIIIRRfp,N'PS Ptplwf4 c) llm annul cowl leered in mmuueting Mena Plav@ui®be syatrn iwilium is adiwi"wrot the doimp ke cbllptbe. d) When Ow actual mW bcurrmi aOucdv3 Mub Pim faNitie aaNs ow k'umbe for cbliewm, oimbure®mt will be uric for the vwm mm neu fixme fin edHcld by the Oimrict from other awaopmmt e) Any"wra for a dmimp lac rtlwa,ryuim We maunnmt ceoxlhlim w a avium w, etlhmw blue GmuolManagvwtbe Obvict aithb lgdryt fivm pyanm wrWe fee. Arm mfmdable 33M Adabbvatim fm or i%ofthe refund wbebo or a Im win be wwow, without Few ceedit. Approve] of felt develepnwvr Ww be mvnlnooM upon cvmpueoce wbh recce Ulemn Rgwrweau I . Omivege bum Nvsire"be dim ad to z b. Goading and debtp Pmlum ebll be asidrn000 or bcbNt No, Inx C. The Ending and dmkW pauum shown m fee mk view oerr bnre edopbd Stam Pvivegemtl Flood C bras Flan 3. The pmpo¢d Melglmewt alWl comWp aM/owN w3brm Dogn a toot Flood (:mvvl blamer Plan 1mflitior locaN within the development or aeestle rl by any offai a lel] wwmem e,ewter by nc µpwigq egatcy'. % Daelapxehell cwnvuctlecilinmas Jwwnm Hxhlbll No.l u'Muter Plan Painnmbbe mmte¢ed by Oevekpef'. NmetquitM. ]. ]M ftllawhy Hvd lmpownep Plem Shell be anbmltad to the obhkt fee reviver pia to lksl deselaptpevt"rwval: % Detling Plan % Smm Palo Plan X Pel Map % Sevi Plan % Water h Sawn Plan fnbme 4. Availability ofdNru3c fadlida Penurenr Mime servlet uasWble pevidM der h ebper can vaibm Ne erowe!Wv PtYofFromthe r®oRmbwvlebeaneyed rotY Mena Flux a qe) . _b. TIM wnniwv effalllna mryl dhYPnP etFh No.2 M1eMwlll ph pmrm ovimt chump tloimpwvice. Pememn Naioye pv1ow111 ea bceNlWk lbw OimictrvoormcNstmpmuy 4Ninv wtll pvmnrmt mviee a arJebk. Tmpavy wNm la esiilmJe tivwglt trove yiO L Ouve. o6no, d uen 659l 4ebrt e.0 wet esWtfa rev�u�ayy aYi"/�1y` V I �1 FRESNO AOPOLI FLOOD MMOL Dib cef NOTIOF OF NEQODIRMXMB Page l of 5. 'IMPmp,md deveWpmml; \� X Appmnmest,Moetl wiWn• ne uun dwigmlMm Wenlml Flood �V Rest, Mope weihblc Is toed es bms. D'nlnG, wasiladng.pp`opnue pmdplm mmp6emd�1 O onlinenm Foo scum. (Sx auadd FbodPlan Paliry.) O _Apyma m W lcwud wiNin a S yue llwN Peme MCI Is Auld on lbe lalevt Flood M W unnm FAM, Mpv emitdfle be, 6e Mse ,W _Osn llJ epp"ra belmemd wdWinoliwJ pweuu. O 6. ltn eubfml sib eonWm agmpne of a cmJus, piqued, NJ m ueW b mono, rtUwge. slomn O wan,and/a amd omm ne meliug mpuoily most m p,ew.N as pert does: domwpmem AtlA4mJlr. eirodeMopmml moy ml inure wib to abJlrym yaam sM common the weal `I or Pipeliw v v. I1w fMnm Gm Waste Act aJ to Sum Gmnel Pate for 6mem WWSDud eAmoco win, Cumwolim and INudnJ AGivitln.(@my lomespei Purim) rzydus dnslcpw W,mmnommm pmjnm distmmay me or sem, amus. W dpdbfoaassociam( Wile lndoswdd acdvery we ounviee"sound Rom National Pdlulml Discharge Elminadm Syaw (NPDFS) pwmmbes. m ineebomm noWo b(d¢e Ye ducharye pollolana, proteins of unions ehe Wen atmos watn se dee mmticipo amm 4an ayawn. and Z aayvalih JUHuda. 'Ibarrtqubem baW bP011mmm BmenW dunW wmb�mnm em to Ware which way be by gmvaW Waaliomat thc Wedewlopmml Nc,mmumclbo. O Smw(1mnJ Pvmllfn Start, WnmD'mchmgu Amwialel wiW fbmmwmo Ae4Nlim aWmrcd Augm11999, (ma4fied DmnobmyC@.) \� A6um lle,gal Cammnim Pumllu equ'vd (mN �V eban9. Pa5a&eed Eimvhmw mtlxpvundlW rnuenwll Eislohmm o(Ylmlmeme(a O Im lluoon atom lfgn c(e ingcm®onplm oftlertlagnmldwlv). Pnmipawwrtqunod o: nboul oNatim Mlmml m bemw' M W mw PYo Pmnil De b We Slam WucRwmcw O (:an6ol Damd(Stab Bmtl). dewkpaW imPl®nl ealmm walapllulin lnnmlbnplq 'b M eliWwnomsmmwJnmoven,mmppmmim imwc9om, vam emplgavnpnmil ,W mmpliarce.eM mmPldemmnml wtifiylw o(eompliarua O b. 6twpmnJPmmlt �Sldm Wampitlmgv Aeccieled wiW lodnniol Atliuitin, Ap11, IM O (nepablea MCDleoidfllA"J ASmm GnnJ IM„mial Pnme hrtryhed fxapodf IYPn of iMmmm deglbM to We NP➢BS rtgmJlwmby 6bnLb Ldmldalpmlf atlon ($IL]nJe. 11n (nlbwbg wleglain of 6Mmdm w gravelly Itlluimi m nNu w IvdmmJ pnmlL' mmufaelotivf.trmli'ng;�myclby aMwale ed hawNma wnlommagmmt Spar& mnpldm mlJ fw am RoRmmmmu daon apcmyxapnad,ut drmbmch m:submit a ofIshol bwhiemmaone fus mnma SPambmWmmnms n, Cmmllose sounestawlkepleemoso assicer extension pmwuiso ppm JhnWeronm umwaxlV ies.mWductmotive Jnngmtbows,mainw muliems Ongle ddmxMOAT aM cop h wpllcmm mdinbn,and annually submit s eeppl blhe SI.b B®rd. nammsel safe.glre. Mtiequnnl-y%lWin. enRryHlaK)IH F.sewe ww� 4 1 FR OhAPOLRAN FI DGOMGL DMIU(T NM4M OF RSQUDiFADiNi3 Page a of o. The Pmpoerd elerelapmem is memueged to vlm W implmem nmm worm gmlllycmmla rtmmnioMed in rhe Fm 10,ra Slum Water Quality Mpugemcat Compnctim W Pop. Construction Guiclelina("ailable at W Diaoim OIRw) m cast Ne requimnem of the SYs Oewnl pctmis, dirst Lepoupful fanonaom wserto cater the mwicipal pans dein stools. test where pmNemw wouctwiM nwMJa wh'vL may <onlmmee nam water nmol(. S. A)eryirmwnl of DU Distress my be sppmM by fiing a stitlm mtia ornppo wiN so,$ o,, of We District witltin ]ca clan of the date of Ibis Nation of Raqu'vnnca¢ 9. The District rremws@engN ot mWify. rest wW totbemqubunmy m)eriae lone. as netessmyw acmmmaYb drosses maM io dm Pro W]^I Aerel W nm] by ]he deml@v or mquLemaaLL made by Oliver agmwm. 19. _9ee la\61Lit No.11w.tlditiaul rommeob. manwmmtiwsaod agoitovmu E Pm Rgm gaWUEO41nem C GIA'S'tFl s]EO FPN'G 111SNO.CAREP PR65NO. CA9lR1 rw.omi�� sweouVe-ax]aryO,Ga)n)-(55911]Nl>]-f/3 (]ol.se]IN n.eu✓fwww �D OTHER REQUIR]OIl IS EXHIBIT NO.2 (shmi l of3) The cost of construction of Mater pins fmilities, excluding dediatkat of mann drain easomma, is eligible for credit against the "We fee of the drainage son served by the frrilitks. A Development Agreement dull be necuted with We District b effect their cool Reimbursement provisions, in accordance with the Drainage Fm Ordinmce, will be included to the mbnl that the developers Male Pin coma exceed the fee of said area. The feu indicated on the cover sheet are the District's adopted Zone: 2 fee man All requiremenk are applicable to the entre ptoject m this time mless the Developer provides a detailed phasing diagrmi. If such a diagram is presorted to the Dinia, Wen a phased fee schedule can be Implemented. Each proposed phase would be tYyect to the District's most current Zane 2 fee metric m the time of mch phut building mtidwmte. The pipeline mzwe an shown on Exhibit No.l, is Wald on the and Memer Plan. Them pipe sine wee determined by the District through the Wen project properal provided to she Staff by the lXveloper. The District's Board of Dumas approved the DNness Amar boundary MIT at Clovis Avenue and the Mester Plan pipelice Mn u shown on Exhibit No. 1 at the July 9, 2M BoW Mating. The calculations tud to dommure the pipe sizm warm that of the District's standard level of service for wormu ld development rumff. If the bad two proposal damgn, than the developer mum notify the District immediately and provide the District with a new alt plan that indicator such land use change. An onsite storm dramatic collection rymes will udoubrcdly he used win this reveloptnent. There is also a private lake proposal within the latest site plan. The devdopa's eagincarr most provide a detdled Wading sed drei,age plan of We site b show how dm on -she collco0m systems hydrology timing will interba with the Dinner's system. If the private Wre is b provide some maim manly summon than calculations of the sbnge freeboard anon be Submitted showing the perk abage and the meshed of lake dewamdng. The proPoed Mater Plot pipeline system will tie b Bain "BO". It hes been determined Mat the row high water elevation within funds 'TO" will be 324.10 U.S.G.S. The pajae onsite irdea will ort be allowed to be commuctd below the 324.10 elevation. Thea are leo "Exempt aures" as shown on Exhibit No. 1. these areas are torted noth and moth of Me FCTC projmt. The Exempt mea drainage is cumamly, being served Mmugh three direct pipeline discherges as French" Creek Wish the sanctioning condition of the pipelines end 0e even growing regulatory environment for storm ware( quality, the District proposes to conduct a Public Hating to mersider including Woe 10 exanpl areas into the Dreinage Arm "BO" system along with Me FCfC pmjan_ Two of three Master Pim pipeline mansions for the exempt was will have to be constructed OTHER REQUIREMENTS ERMRIT NO.2 (sheet 2 of J) through the FCTC pmjen nine as shown on Exhibit No. 1. Typical fifteen fore (15) wide norm dein assumems meet be goanted W the Dimity by the Developer for said exwpt ares Meares Plan pipeline migammm It is recannended that Ne developers engineer mmmt the DLstda m that the most effective dilemmas as for three apeases can be detamivd, end the riming of the handsome co rdinated with the FCTC project. The Developer will be required to mswct Me Master Plan facilities to save the exempt mass as shown an Ethilon No. 1. no District will eximbarm Me Developer the can of the fxilitics in accordance with the Domoge Foo Craitwtt. To acmmmodke Me mcevsary capacity to handle the projttl's dmhtage, Basin "BO" most be excavated m that de floor is lowered on an armors thirty feet to depth. no developer will m inquired m complete 04 basin excavation and goading and remove approximately 68,000 mine yards. The Disaict will were the Developer a an fa permit for the removal of the normal. Following excavation, my dieradmij some of normal WasWgmwth emblished anon be re-hydn avow ed at the appxoNie¢ acasm. The Developer meet containers Me din loading marts Fetcher Creek with the Fasts Irrigation District- The Deva0pxr must mmtruct a temporary Wdgo or conduit Mar allows Fender Crash an flow. Normally FID thus the water flow down within Faucher Creekin Bepwnb Oc Wror NovmMerofeachyeu. Thiswoadonlyallowalimired time In damll such a temporary bridge or canduit in Futcher Creek. Tics will require coastal plumian between FID, FMFCD em Me Developer. The Developer will he responsible for my permits m wok within Famha Creel: and Me related Mud route. The Developer will elm be responsible to smaller and dewatar the basin Luing the period of as. tion and naffed! conahacrm. Them is Me potential to supply surface water foam Basin "SO" to the FCIC private her mdlar manor landscaping supply. provided tha facilities nom uy for such feature me mentioned m Me developers expend and to Me exact City or Salman Warr District andtlemm water is appte d for this puryow. The Developer man connotes to Me attached FMFCD lakes policy. The Oevelapor meet propose and gain Me District's written approval of a "Lakes Ojecom r d Plan" so it is aver as to the method of walor inllowand dewmednell of" lake. The Develop llm btalb iodimWyde the Prime lake into Fatrder Crack. !bore an rcro proposed iniac to be a c(M an the gam side of Clovis Avenue m the Tulare Avenue alignment shown an Bxhibit No. 1. The City of Foram has extended an 18° dismrner moms titian Mesa the ear sale of Clovis Avenue to the settlement ent inner of p Clovis and Tulare Avenue. "here Is an outln at the southwest motor of Clovis and Tulme Avenue that will provide the east sideofClovis Avenue with temporary service. OTBEBBEQDIRRMENTB EMBBIT NO 2 (shat y of 9) The Permanent Master Plan pipeline Atsin "Mme Avenue betwmn Mirmawawa and Clovis Avenues is currently being designed. Coaamction of this pipeline AE be provided by the District and may begin in May of 2009. Once the pipeline is compiets the tmnpormy, siphon can be abandoned by the City and permanent wrvice will he milable. Most of the FCTC project site lira within Flood Zone "AO" as indicted on the bosh available F'Fd1A Map. The Developer must comply with FBMA for development wits a flood plain, (m aten hM flood plain policy). Hoaeve. the District understands that the Developer has submitted a CI.OMAR to FEMA for removal of the subject FCTC pmject from the Zone 'AO'. The Diann msdmbads that FEMA bas approved the map clear , subject In the condition of ceaein gmdiog improvements M Fancher Comic Dnmrion Bain. The Developer shall make Mpmvamrnm Albin the Diablo Faucher Creek Bain under a permit from the District b comply, with Be FEMA CIAMAR or develop In accordawe Aft the City's Floodplain Meoagamm Ordirmmre. It appears favorable for the Davelcpm to comply Ath the CIAMAR inland of mitigmiog the Impacts of the development through FEMA's Zone A floodphin policy. 275 k f Y P Imary 090 pliecia Because of the mAetively high velocities and volumes of fluod flow assoneted with primary Bond plains, and because the primary Brod plain is responsible for passing the lthu hst pucmuge of the flood event, development located in such Flood plebs is subjW h aubwntiil risk, both m itself and in others as a tesuh of the Potmrial for bknW p and diversion of flood warps, in view of these factors, the following policy sustained is pmpused: Poiicv 1) All poposed davGopment activity shdl be the subject of a detailed hydrological flood hoard investigatioo to determine the nelationship of the pmpoaed dewhilaa ant h the secondary Bond plain and do Primary Flood plain; ant Inch f, m idmdfy the cminwed high wmpekvaden of the loo- yxar Flood evme 2) All devalo t andtor Prominent impmwer am activity which, if he eid ury within she penfloodwey. nay ass", impale, retsµ m change rite direction of Bow of wmeddan, byit Jf,or bythe GVAing or change the ediec debris or Is plashed where the flow of woe would tarty such obaandondownstwn b the damage orchlefa Flt of either life orproperty, should not he penonted- SecoM Food Plain BCeaase development within secondary flood! plebe is subject h inundation, but withwt the deem of i rrmasM veloddes of flood wilting, aM biomass the excessive developmma of the xwMary flood Plain can insult ut iscmaeM wehr aurfsee ekvetiota through displacement of fland waters, the fallowing policy siatoromt is suggested &ILZ I) Devalopnent in secondary flood plaits is generally anepmble when a Mailed hydrological flood hnand investigation Open had b n prepared I Micating that the now MPP for developsnenr is located within a secondary a opposes w a pdromy flood plain. 2) no development moat be properly Flood proofed below the estimated high wmedevetion of the loo-yranood event. d) The dewlapment is accomplished in such a way a to prohibit the d'uplacpnmt of any and ell flood wines from that pntdon of the Flood plain to be developed. ..w.arommym. r+.wa. `1 4 AS -41 15 3614 W- POLICY MANU- •.AL I Date Adopted: Wuary 26, 1982 Dale last Amentled: ClasiRretion: PROGRAMS Subject: Private lakes I Approved By: 1. The preservation, c vatied and recharge of the surface water entitlements of the FzeT Clovis metzopoliten area for recharge of the local groundwater aquifer is a long -terns objective of the Fresno Metropolitan Flood Control District. The following represents suggestions to all involved entities to assist in securing this objective. A. A private lake developer should demonstrate that the proposed lake(s): (1) will not have a substantial negative impact on water use when compared to the alternative of otfher open -apace uses such as landscaping; (2) will not increase net water use or increase the risk of negative groundwater quality impacts; and (3) will not divert water frac a more efficient or productive recharge facility resulting in increased evaporation lasses and recharge efficiency loaves. B. The surface water entitlement seed for private lake water level maintenance, o; recharge within the private lake, should be the subjectof an entitlement contract with the entitlement agency. - Such contract should provide that the private lake shall be subordinate in water delivery priority to public recharge facilities also relying on surface water deliveries, and, that said agency will satisfy all delivery requirements to public facilities before delivery is made to private facilities. C. A private lake developer who includes recharge in the lake's purpose should agree to forfeit receipt of surface waters when it is determined that the maintenance required to sustain such recharge is no longer performed r has become ineffective in maintaining the lake's recharge capacity. 2. The construction, filling, operation and maintenance of rivate lakes for aesthetic reeler e o storm esterrposes Creates direct iamacta on the District t rough increased rink of flooding and system impact. Me followino are District tadWluyssyaawale l 1�� DOW adopted: •lanubq 26,1987 Date last amended: clessifimnom PROGRAMS Subject: Private Lakes APPnr/ed 6y: Policies concerning the design, construction, operation and maintenance of such facilities: A. She private lake design, construction and operation must avoid the creation or maintenance of conditions conducive to mosquito breeding. Such design, construction and Operations plan must be reviewed and approved by the appropriate mosquito abatement authority. hemw�,asb. 2 �b • POLICY MDahr Adopted: •nary 26, 1987 ANUAL Date Last Amended: aassleranon: PROGRAMS Subject: Private Lakes Appmvsd 8y: 8. The private lake plan must provide for appropriate and regular maintenance. If groundwater recharge is a design purpose of the lake, the maintenance program must maintain the lake's recharge capacity. C. The design of the private lakelsl must include sufficient free -board area v and volume to safely control overfilling due to error, accident or rainfall. The following minimums apply: (1) such area and volume shall be sufficient to accept a thirty-six hour error in maximum FID delivery. )2) such area c and volume shall he sufficient to accept one-half foot of rainfall on the area of the lake and any additional drainage area contributing runoff to the lake, this volume requirement in addition to 2.cµ1. D. The private lake design and operations plan shall include a plan of relief end dewatering. If the lake is directly connected to, or overflows to, ENE'CD facilities than both of the following are required: )1) an automatic valve to abut off deliveries into the lake when the design water surface elevation is reached; (2) the granting of authority to EMECD to enter the premises and manually shut off lake deliveries. E. The private lake developer shall prepare a formal maintenance program which specifically identifies, among other details, the timing and method of lake draining for maintenance purposes. If drained to EMECD facilities, a prior written agreement with MMD is required. F. When the private lake is to include storm runoff webwwb+Abnw<aw+ 3 IsI1 Dace adopted: drnuary 26, 1987 POLICY MAAL Date last Amended: aassincanon; PROGRAMS Subject: Private lakes Approved By; management in its design, construction and operation, the following conditions must he met: (1) The lake must have a method of direct relief to FMFCO facilities. (2) The lake developer must provide engineering calculations to demonstrate the routing of a 100 - year 10 -day event through the lake, such design to provide a minimum free -board of 1 feet above the 100 -year water surface elevation. I£ in -lake storage for the 100 -year event is proposed, a means of after event dewatering the lake to restore the design capacity for the 100 -year event is required. (3) The lake developer must pay standard drainage fees on total area of development, provided: Is) if the FMFCD facilities must be extended o increased due to the lake development proposal, any increase in FMFCD system costs or pro -rata costs per parcel within any drainage area must be paid in cash in addition to the standard drainage fees. (b) If development and related storm drainage use of the lake does not have a negative impact on the FMFCD system and its costa, or costs per parcel, then fees will not be required on the area of the lake when such area is zoned open - space. (C) All replanning, engineering and related costs to restructure the FMFW system to accomodate a private lake as a component of the public drainage system oust be paid by the developer, in addition to standard drainage fees, to the District. es.aba.r.V+.-h+a xa. 1 Date Adopted: 10anuary 26, 1987 POLICY IMIeIJAL Date tact Amended: ctassinmdon: PROGRAMS Subject: Private lakes I Appeared By: (9) A public drainage easement encompassing the area of the lake and related free -board shall be granted at no coat to FMFCo. (5) The private lake developer must develop and ensure full implementation and funding of an on-going lake maintenance program. The developer may contract with FMFCD for performance of maintenance work. (6) The private lake developer shall provide liability insurance of the type and limits determined by FMFGD. Developer shall ensure continued coverage Of MMD and the development by such insurance. The District shall prohibit all non -storm drainage discharges into its Systema, including those systema which drain into private lakes, District basins, District Pumping plants, and the San Joaquin Jiver. All discharges into the District's system shall comply with established Storm water quality discharge standards a agencies- be enacted by appropriate local State and Federal aa'awumy....M'�Yly Exhibit F, Attachment San Joaquin Valley Air Pollution Con rni Dishier July 16, 2009 Letter 0 ®San Joaquin Valley AIR POLLUTION CONTROL DISTRICT July 16, 2909 Michael Sanchez City of Fresno Planning and Development Depmtiment 2600 Fresno Street Fresno, CA 93721 Project: Fancher Creek Development Agreement District Reference No: 2009(1 Dear Mr. Sanchez • Per the City of Fresno's request, the San Joaquin Valley Unified Air Pollution Control Distinct (District) has reviewetl Me proposed Development Agreement (Agreement) between the City and Fenchar Creek Properties. The District offers; the following comments: 1, The District hes considered the Information provided in the Agreement, and has determined that this Agreement commutes a discretionary approval by the City of Fresno. Furthermore, development of the project would equal or exceed Distinct Rule 9510 (Indirect Source Review) applicability thresholds. Therefore, the projeal would be subject M Ire provisions 0 District Rule 9510, Including emission reduction requirements and any related fee requirements. 2. The District recommeMs compliance with District Rum 9510, before issuance of the first building pemit for each project phase, including payment of all applicable fees, be made a condition of approval. Information about hereto comply verb District Rule 9510 can be found online at: hnIjbM.vallavair.onvISFASPHOrrbn. 3. The Distinct recommends that Exhibit F. Section C of the Agreement, Other Agency Fees, Dedications sni Improvements, be revised to Include the District as an agency for demonstration of compliance. In addftlon to canpliance wNr District Rule 9510, individual development projects may 8180be subject to Me following District rums: LrMxJMn FpoNXOYag/IYMW,panwq&n amen leer YYXF YIrre tmasweri 1 1, Wbl44"Wi M'. IFam4sarP4allllaep �11\Y111 r.Y p .` LwrYawpH.aaw weN+nrXran Ialcarrr H..a. wwW dm anY4mrHt4 Ifill 1H:IMIar-aW iM:mN Md116 FU: LH;namltl 111b811 �Xrtnµge FanNPo• zvrti MMr`W • A. Regulation Mg.(Fughive PM10 Prohlbhlons), B. Rule 4102 (Nuisance), C. Rule 4601 (Architectural Coatings), D. Rule 4641 (Cutback, Slaw Cure, and Emulsified Asphalt, Paving and Maintenance Operations. and E. Distnct Rule 4002 (National Emission Standards for Hazmdous Air Poilutants). 4. The above Gat of miss is neither exhaustive nor exclusive. To Identify other Dhtmx vies or regulations that apply to this prolect or to obtain information about Dindrid permit requirements, the applicant is strongly enceuraged to contact the District's Small Business Assistance OBice al (559) 230-5888. Current District rules can be found online at: lYww,vallevair orulnuiest1ruiesilst ht If you have any questions or require further information, please call Pella Siong at (559) 230-5930. Sincerely, David Waver lector of Permit Services D _ Arnaud Medalist (9/(" Permit Services Manager DW:Ps 0 • F ]TG INI N'1lONp YOMIT 41� E% IT INTENTIONA YOfrRITEO • • EXIT I ORDINANCE ADOPTING DEVELOPMENT ACREHMENT \1� City CWk pequeifedby City Fresno, Car M1b Feo-GOH LMe 610 R MwatyCfarlt.F m 4 BILL NO. 8-] ,o. ORDINANCE NO. 3010-8 AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING THE OFFICIAL ZONE MAP OF THE CITY OF FRESNO HERETOFORE ADOPTED BY ARTICLES 1 TO 4.6 INCLUSIVE, CPoIPTER 12, OF THE FRESNO MUNICIPAL CODE, BEING THE ZONING ORDINANCE OF THE CITY OF FRESNO WHEREAS, gammen 10 Me innovations of Go nimmaM Cada Sedans 65864, at 6ea., the City of Fresno is adhda d M enter Into a developmnd egRernent with any Semon fraying a legal or eauMble moment n one Pmpany for Me development of Me properly, and, WHEREAS, Fancher Cmek PRpeMas, a CeIlasMa limited IlabilHy compe0y, CDeveloper) has an Intares I In enlemng into a development agreement IS develop the property garereay desM bed In EIMIbH'A' 0 Ma ordinance which Is alached herea end Mcnrpomled MRin by reference ('Subled Pmpem/); aM, WHEREAS, approval M e development agreement as separated by Me Developer will allow the development of the Fancber Creek Tam Center whIch la compdeed of 1.2 muton square feet of meed Sabah Space and Tog raSMened units an a BE ease she ('Pmpased Prolecl'); and, WHEREAS, Me Prayosed Pmlect was pad of a anger dmparriont palest, cammody lowwn as Me Fender CRek Development Prejed"Ich ancompea6ed an approximately 470 are purled site; and WHEREAS, Me FazMr CRek Devil 1 apmeM PRNak hdudlrg Ma Prepoaetl Pmlecl on the Subject Psopefty, urea endommenally assessed In EIR No. 10133, vHgtl1 waa cediMd by Crawl) an May 17, 31105: sed, 4 as /0 02010— q _P • • ;. rdineces Adoptllg a Development "inent(as amOMed) BetameeyaM 5, 2010 Me CNy of Fresno antl FanMer Creek PropaMes, LLC. Merck 2fi, 2010 Page 2 WHEREAS, City Muff and Me Developer negotiated a dMainpmenlagreement(Induaiv i ofEMloda 'A'to'L') Mates idled -Development Agreement By and Eelween Ma City of present art Fancher Creek Properties, LLC doled March 25, 2010 ('Development Agmemeny); and WHEREAS, Ma Council approved Ranine R-0 1e on"1T, 9 5 for Me Fuer Crack Oevdapmenl Prof act. wblM retuned a porton or Mn Subpd Property, wTkb Yid W ed awbltlala of mnirg Mat Me Developer Imball or upgra to traffic: signals at the fidueiig Intencedlore as pari of Me overall Fancher Crack Development Prolect I. himnowawa Avenue at Tulare Street U. Minnevowa Avenue at Belmont Avenin IR Belmont Avenue at Tempenrea Avenue N. Bell Avenue at Armstrong Avenue V. Govis Avenue at Tulare Avenue A Clovis Avenue at Belmont Avenue VI. Temperance Avenue at Kings Canyon RaaQ And, WHEREAS, none ofMe Interventions Usled above were bund w he rncessxrymitpeaon measures under EIR No. 10133; end, WHEREAS, Me Public Worts Delrwlmentin cornldentlonofMe Proposed Project, has detainnne ; Mal not all of Me IMeme til Ifaled above 9nuid be required as a coMMoo of Ura Proposed Pmjeol based on Me tlming of Improvements formleted public Infrastructure and therefore, has determined Mat only Me lcllowtlg Mtenecdons should be crude an obllgatlon of Me Developer in Me Pmpoaetl Development Agreement I. "chane" Avenue at Tulare Street II. Minnewawa Avenue at Belmont Avenue V. Cuvla Avenue at Tulare Avenue A. Clovis Avenin at RalmoM Avenue; MM, •d of Fera Ine�pWg a Development Agreement (ea Atlo • • emeMad) yaM edween nn Gty of Fresm and Ferrol Creak Properties, LLC. rM 25, 2010 +•F`' Pege3 WHEREAS, the Public Warks Depemlentisremnmend'eg Cut Rloselnleraxtiwrs required uMe R-0 14 but net made a condition of Me P o cored Project con be adequately obtained by corldnonip otMr poribns of Me Fancher Creek Development Protect and, WHEREAS, Pursuant b Me preNsions of Section 65061 of Me Owernment Code, me Plaonlog C nddcslsn of Me City d Resor held a Wbec heading on Argue! 19, 2008, as cornlder me Proposed DeveloprnenlAgn grant during which Me Planning Comnsa ch cons tiered and faccurnameadgreen, Of Me Pmposed D&MIOPment Agreement pursuant 0 Pre nant Comnession Resolution No. 12913; and, W HEREAS, Me Coundl of Me City of Fnano, on Manch 25,20 10, rxaiwul therecammeMe9ans d Me Plenning Cammtselon eM Ma Gy sbR ea tletalled In tlw sbR npod ro Gauche for Ma pNoduc gen am adoption dthis Ordlnanco alppawog the Development Affesoment. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTON 1. Coundl ands Ma! CEOA Gl llme Sw9on 15162 requires the following: (a) When an FIR has been certified or a negaP daciandon adoptetl for e project. no subaaquent EIR swill M Prepand for Mal project unless On bad agency delemines, on Me basis of substantial evidence In Me light of Me whole record, one ormoredMefollawfw: (1) Substantial Menges are Proposed In the profed "IM Wit require major nNNons of Me PrWous EIR or rngative dedantlon due to the enchantment d new elpnMmnl emlrammental effects are subalawai inoreese In Me seventy dpnvbusly ldentlfied signi5wnl effects; (2) Substantial charges oodawith nsped to Me circumstances under which Me Protect Is undermken which win ngwn m.pr nNsloru of the grAous EIR or negative dedare6on due to Me invoNamenl of new segnfican enWonneental effects de a sub sande l Incomes In Me seventy d proddenty identified significant eReols: or (3) New Information of suleslsunal lmlf orlame, which was rpt lWaW and could cot have been known Wiwi IM evening a meseneble diligence at the tine her previous EIR was oetiMd as wmPRW Or the hall dede Ston was adoplad, shoes any of Me following: (A) TM Pmjgd will Mw oro Or mon significant effects had *1�n • HeAdoptng a Oevabpmenl Agreement (m amelWedl ottheGty of Prean antl Pancher CreakPropenbs, LLCch 25, All) Page 4 J dhciwed le Me previous EIR or negative dadaretlon; (B) Significant effects prerbudy eyamkhd will be subslanllelty more severe Man shown In th premises EIR: (C) Mitigation measures or eltenia wrspmiousycord net d he feedbk would In fad be feasible and mould subetsntalty reduce one or more significant effects of Me PmJKt. dR the Prefect pmpwhnts destine to adopt Me mitt aton Maas" or allemadve: or (0) MMgatlon measures ur allematives winch are conitlerebly different from those m allzed In Me previous EIR weed substantially reduce ere or more significant affects on the emlronnlent, but the protest proponents decline d aftl Me muton measure or alternative. SECTION2. Coundl6MsinitslndependengMgmenl,besedunntsrev dEIRNo,10133 and the AAdardum prepared for EIR No. 10133 dated June 29, 2009, and Me entire admintsbadve record, Inducing but not limited m me Staff reports. Mh unit and dscumertary evidence submitted or Council and the Plannin Commission, Met th Proposed Project was part 0 Me protect seasoned under EIR No. 10133 and Met here of Me dreumatsmas Mat woud require a new environmental document pursuant to CEOA Gudellnes semen 15162. 'h required d approve the Proposed Cevelopment Agreement. AccaM6gly, Council hereby adopla Me Addendum prepared! for EIR No. 10133 dsbd June 29, W09, SECTION 3. Council puts Mat the PmPwed Pmjed is a eavebpmeM for which the Develnpnhnt A9reemord Is appropriate pursuant to Me evidence and findings preNtled In Me Stiff Report to Coundl baled March 25, 2010. SECTION4, Courwllfinde. in ecmAenco cots Sectlonfi56fii.6 of Ma GovemmentCnde,eM pursuantWIhaevdaneandfiMiNsprovided In Me StaffReportto Cour dated Marts26,2010,tel: (a) The Oevelnpmenl Agreement is being adopted pursuant o thW Ordlnenco and Is subject k referendum. Ill mo Mop m Ung a Oevebpmant Agreement (as amended) y eImnd BeMreen MBC of Fresno andFancies Creek Ptoper9es, LLC. Momh 25, 2010 page 5 (b) Tire Development Agreement Is consistent wM Me 2025 Fream Oenerel Plan and 61a 11owevNl Community Pan. Vic) The Development Agreement Includes appm ail of subdivisions, as defined N SecEan 684]3.] of Me Subdihslon Map Act and hosed upon a worsen verification pmNded by Salmon Water Comperry, direct July 30, 2008, Met Mere Is suMaenlweter supply, an defined by Section 694]3.], a serve the Proposed Project and no determined In ere Water Supplygsseasmanipepered in Me EIR No, 10133, and altemahyaG, Met SeCOM 664]3.] does not appy a this Proposed Ihojad because it includes a rasklenliel project %there Me Immediate contig taus pmpedas surrounding th metatarsal Project alte am or prevl0uely hava been developed for urban uw pursuem m Seam 86113.1(). SECTION 6. Coumtiflma Mature OBvelopnrentAgreemoMmmplfes%IIh9re Fresno Muntdpal Cade and other applicable ordinances (indudbeg Me comil ons of zoning under Ranine No. R-00.14), standards, pclkiec and regulations of Me CIGof Fresno pursuant In line "once and findings provloed In tM SUfI Report a Council datetl March 25, ]010. SECTION 6. Council MMS Mat Me DBvelopmentAgreemem armors the WbllcheelM, safety and volare and Mi not be motMeay deMnmAtal in Me we, enjoy+mnl, or valuation of prop" of otirer pemms mated in Me AclnilyofMe Subject Property, pursuant to Me evidence and findings provided In Me Staff Report a Coundl dated Meth 25, 2010. SECTION 2. Council finds Met Me wnaMxhbn of this public adehes required In Development Agmerem! te combust Me Development Is adequate to serve the Development pursuant to Bw aNdancs and findings pmWded in Me Self Report lo Council pushed March 25, 2010. SECTIONS. Council fills Mat the Developmetd Agreement pmAdes for dear and subeantial )oidia benefit to Me City of Froano and residents moment a the evidence and findbgs prodded MMe Staff Report to Council dated Match 25. 2010. SECTION 9. Council hereby adopts and approves Me Development Agreement UUed - a mment Agreement By and Beareen the GG of Frei aid Fancier Creek Properties LLC; 0 Ordlrence Adopting a DevN•ni Agreement los Maha ) • ' By end Belvaten Me City of Fresrn ane Fericher Creek fteartes,LLC. March 25, 2010 page 6 dated March 26, 2010. In substantially Me ams tone ea i t prey h Councl In Me StaRRepp1 to Council dated Manic 25, M10 end Wendel the Cly Manager aWar his or her deslgnes M Melhe and eaedAe Me proposed Development Agreement, subject to City Atlonsty s C51ce approval as h farm, On behalf 0 M Cly of Fresno. SECTION 10. Tlis ordinance shelf baseness eftective and In hit hive and aged at 12:01 a.m. on Me IMrly-fret day after IN passage and, only as to Me parcel rot already annexed Into Me Gy, Upon annamflon of east pleat bre Me City of Fresno. ;O. CLERICS CERTIFICATION STATE OF CALIFORNIA COUN OFFRESNO CITT OF FNESNO • I, REBECCA E. nISCH, City Clerk Of the City of Foam, mNly dog d o foreon ardinaam "a adOPUld by Ulla COuncA of Me COY of Fresno, Celwomle, at a regular meefl g "to on Cie 75th day of liarrb 2010, by ft fo O%Oat wf9: Am: Bn NaIe, Brart1, Mgea, perm, soerliM, Mona, Nee[erlund Noes: zone Absent: Mune Abstain: done APPROVEOASTOFORM: JAMES C. SANCHEZ City Aflamey B/q�� �� . F.xT—'T� ate : o Oav8101mant Agreement by and between City of Finand and FanMn Geek PropeMw, LLC Filed by 0re City of Beano Asaeeca Pamef No. APNIsX 512070-01, 07, 17, 10, 29, 32, 39. 18, w fi0 *ELto A -L EXAMUf A DOCRWHON OF T@ SIALTET PROPFRT OWNED WFEE Tbu pmHon of Ne Northwest Questa and the SOLMwe d Quarter of Salim 4, Township 14 Somh,Range2l Pmt, Mout Diablo Bueaad Meddieq dmaibedufJlowa: Beginning p the NoMwmt mmw of mid Section 4; there Soolh Otl4.33^ Em4 WON the Waq line of said NoMwmt Quetta, edielaaceof9lo.0Ufat thmceSow*S9°41'21^Emla distance of 83.50 fart to Me TRITE POINT OF BEGMNING; thence SouW 89.41'21" Had, a dictum of 155.84 feet tlwnce Nmm OM'33" Weal, edipmce of201.T] fed m iheioteeectim wimme SoudMy line IdI 382factwide PatlBOOmdgy Reatcdnpmye South rmuded October 18, 1957 w Book 3982, page 624, Fresno Couay ftonasde; @mea South ]2%1'5]" Baal. Jong mid S e pmp lien, a ald to of City o fcd; meta Sour* iT91'S6^ Wap, Jong lir bond N of rhe pmPaly dmded b me City of 4, an ravrdN Sept®ba 19, 1994 m Dda®sot No.94146329eMf 89.%fw; sectnial Itnnobar Mot 1; 1994, m DommmtWO saidtI5], Ft®o Caudyof 130., fact; aof NorlPoet PW can h don 9'59said"Bart Jaug mMbaa of W.a diemnm of 130Ap 2p; etWx NOM I] PW Bop Tract said LvuodeLe Legacy Heenan of o. 1, fed I the intervention 3 with page; 5 uffian b Sof Pi of Taet No. Ody tagmy Rumen NO. 1, 72v 1'5d N Voluor 31, f98 54 and O of Pleb, Pana County Remrda; 27";Mono,South 22°31'S2"Paet eamalong ecce IIIendaSofWeed 1681, pa aid uaa g,,aeI4; o2. Soonl ]3'29.26^ Beet Jong me of flats. ba renuo of ITntt 1681, panda, a Ohm m of 74.37fa No. e rerealad in Volume W page 25 ofPlate, Preto Coanry Rmnrde, a digemm b s No. I feet to the intVamri a w,N the W3 aboudery of Tenn No. 1589, Pmnha Cmek Went bIm No. 1, rn being th Volume 19, pages 23 sod 24 Pleb, Pfeem Scuty Recanis,along sad Wed boundary elm said the omtaHee ofNoM UIUM Avenue; tbma Soumciy Jug a son3-Egmt curve, Jang said Wap 6ouderyandh 4 conn anglelIOne of pointbeets SOutb80'00'43"East, e vinaee&aof 4]].46 Poet, t along a d We angle of 18and ea^, a on, a II of 1e of fan; t*mce taolh S%9lwat Esq along add Wed bounden and OWOK bS a diel®z of comedian, hq; Ito Me SOdbwmlaly Jong a CROS O awe, Jong maid Wap bomdan and cmtulinq ,ease t0 me NoMwmt ffi * a radim of 65.11 f duough a control angle of ]5.OD'00^, a Nafema of 88.64fad; mince SOUI* 69%0.39"WM,N 8 said Westb Wong d Weetr,adidmceof IOO.00 IG, C meta SouWwedMy Jaug a lingual awe, Wong mid Wed bouduy evd COM"nVM", coecene a tba 8.agfeet hMello a adim of 358.10 feet, WON said e asst mgPo of to" oa25", a diamnm of 2]8.48 tet Ihman &A L=8'9" Wen, JOag eJd Wal 7.20 fed; am emmlum, a diemece of 10.00 fab; tbmce SOWN Met to 9" Wat a diel of ee ter, feu; Wince Soulb 5T45.35" est a ng said of 252.08 fad b ce f 32.66 of Pavans Crook; Mateo South 8dome ^ Wap Jane said ante of, a .74 fm of 32.66 fed; n d, South 0°48'58^ Wast Jong said I Bout Of a North OO 421.]4 fes m 0r i sac Seioo whh a um North withend 174aWent het Wd of Ora NoMImo of dmI15.% Seal* Halfof WON Me ona;Wmof NOM 89°55'16" West Jong mid tinea amen; of 15.96 feet theta Jovg Ott nce o f33. of PmeLm Ltaek the following daaibed o of 23 4 t Soudt) Sou 9" Beal, n daawag of 3334 font (2) South 3.54'28" Hut, a anama of 2%..14 fat (3) gha oade Jong a of 8 W,a meceve m the NmWwal, heriag n radius of 284.60 fed, furalgh a cmhJ angle of 3]°28'46", e 22 N1 0r e^w� • • diems« of 186.12 feeh (wnm4) lhm« Soon ve to th" Weal, a dietmce of 59.81 o of W. in« S gh atetly dong) molest mrve, mouse m Oro. od ; (4 hiving a oath 2f 500.00 feel, Uw.gh a amW 90 f of I9'15'44", dlnmae of 168.09 feel; (6) thmce 92.91 feet; (01" Weet, a dislm«2f 119.90 f«0 (7) thm«Soon Sg°43'21"Wesl,edialm«ofI2.910n; (8) W,nce Sarah 6]%1'4T Weal,. diamnm of79.19 [ad; (9) Ihmae So.th7047'2r Wen,adismo«of 185.6] fat; (10) thm« Somh 57V7'22" West, a dielm« of 181.40 fat; (11) thm« South 692618" Wast, a dinmae of 2(6.48 feet; (12) Ihm« Sour 73%8'53" W00% a dinance of 80.38 feet; (13) thmce Son% 8421'26" West, a 6nma of 103.14 bet; (14) thmce NOM 8942'53" Wal, a dlernce of 104.99 tat; (15) then« Noah 89%4.43" Wal, a i is mce 2f 375.76 tm to the 80.theaat mesa of the property described by du deed amaded My 22, 1966 in Book 5339, Mc451, Fre no CountyRecmdn; thence North 0'04'26" Wag, pmalld with and 68.00 feet Best ofthe Wag 1i« 2f« d Sermon 4, a dlnmm of 291.87 feet m e point 881.13 het South of the North line of said So.thn Q.enc, nonce North 094.31" Baez, a dinmoce of 362.55 feet %a point 518.58 tun Bath of said Non6 fn, Ihmce Noah OMW West, ]mild with and 70.00 feet F of said Wast IinF a diem« of 329.81 feet theme North 0'0413" Was, pvalld with and 70.00 feet Bae[ 2f said Wet beta a diem.« of 1641.02 feet in a point which been South Otl4'33" Banc, a diems« of IIIW.00 feet and Nun% 89%5'27 Bal, e didanceof70.Wfeet&2m%e NaM comes2fMdSm m4; Wmae Nm%8%0'31^Peal, adismn«ofW.43fattothe MUBFO1 OFBBGM 0. r..M BTTJ PAN( LL AJ AP I 1� jib Panda EXHIBIT K EASEMENT FOR POBIAC ACCESS OVER INTERNAL ROARS c,Yt-l'k c,y.ffm. auto Foss. Sow, Flamu.CA 91721-1W) AIIN. PYmm6+�J aPemaO�grtmml NG FO£- GOVPRNl OGP 6105 EASEMENT FOR PUBLIC ACCESS OVER P"IERNAL ROARS WREREAS, FwcMr Cooed, Pmpnuq VI.C, a Califomie he in:d lucidity wmPeuy C DewloPers) is the awm of the east Pmpeny shouted in be Ciy of Fmno. County of Room. Ste¢ of Callfmow as cimcdME in BRJbIt A Ammud basin end inwryontM by refema 1"Sublea Pwperm, 1; WHEREAS, 0 ... scot Meby w,mal that my and all punier having wood tide merest no ow Subom Pmpeny which may ripen into o fee 6111 aubomatd W Us i c ruarl and Shut all sw5 immonenu of"boNinnioq if any; are attached bees, used msdea pan of Skis iMnnmt; and WHEREAS, Buell intends W Ill the Subject Ptopmy ponsal m the term of Jut cauin ltmehement Agwnem decd . by and hetwwt We Ciy of Ream,a u m miml mmomuon ("CM") and R1r11wer("Revempmmt Agmemwr) a1 Van of We Img1a Faochm Geek Ptumt which shut be a mused me, muter-plameS Peoom dad will mulch mitill commowlliq a Own, cone remil, a village miner with senior hou al a Embea Park. pA Two and iatemal rods omcoul for MR,c circulation within due Wundarim of the Sublal POPCOLY m well u to and boom public righmofwl io thus vicinity of the School Pmpup; am 0 WHEREAS, devebpri of Ne Submit Pmpeent include thou cemin "twoull mads, Fmchar Clock Olive uul Title Avenue ( Internal RG,l at the same we generally depowd on that (admin pito sop at Pshlblt R cos l mod, and imuryomted by crossow and WHEREAS, the Intimal Food, ate usluded In and opinions an insured pan of the Cimlation Fideral of drt W25 Rama Genial Plan adopted by the City on Novnmba 19, 2N2 (Rwlilio, No. 2002-319); and WRE111i pevdoper dooms to mninvm the Intimal Rnadi nM intends W constmct the some to City sped icanonv and mvossn Ne surae In 161 counter of private dnvcu, repining wnwl of Importance, command and mstalladion of any and all utilities In be PlaeM within or piping add hommal Reade; and WREREAH, the City helium, chat the Imomal Roils, Ihoup)t pnvetely twnbitds, he meible to tM1e public av desmed nameless, m u,dv a imPlem t the aforementioned Clrtv6don 2lement ofNe 2t1U Ftcrmm General Pop, COVEN.aNT$ CONU NOW THEREFORE, in continual of the Results, which art lumby incorporated as if fully Net Ink hertw and in aamideration of Ne mvulsom; Ind produce, compound Mttin and let oNer vallable coni dead,¢, doe rtccipt and cuffs ry of which is hall ackmwwlmged list pevelaper h,Nry duvewnu Wt the Subject respects shall be hi domeyed ercurdmo d. pad, occupied, developed modules. aM improvd dusted to Ne following wv mmiemn, and t,tr, om, which art for me nonstop of mh.mivg accountants'. usew w. Votes , posimbihty and sides of the Sh"i Fiction, thew UrKog consciousuM the public at IMe.'and to mmimiae pouible Wvme efill on Ne public health, sissypence. and Went rt6 welfare ..venins, mMitium- and msWn ctcs coconut in th", It hir Public A¢w Over Ini Rock (Th a s"i shall son wiin dw Subject Prop,my amid shall he bidding upon end orae¢ to the bemflt of ean, successive owner ofthe Subject PropcM and his bel¢ mca wri "signs. I. Top Imomal Rol thnk be acc"sible W be public for Pnlaban not vehicular orates and egrtss. inducing emergency sudide mons at all limo mmiomm with a public fight oFwey. 'Ihe Intmld Roads shell be mnamM mnsinent wiN lost W Slee luno. 2 the of the InImW Reads shall at all mimes be subject m all appoddi laws. meioauces, rale; meeolmiom and mlmaem inch of the Cily; County. Sum and any shot, govemme,al mthoneo as in low enfomcmem provide uW opelicatmn of the alifome Vehicle W' bw 1 Orrcbper shell pink and somite the Cii prior approval, which unreel shill not be unconscionably Wihheld in he piston it seeks to nit¢the hospital Ruads in any rams, that ,(ably be expected WimpatrdFc con dation on said Immul goods, mtludinm, but not limitd to chongn in Iodine, hum that annual upon in Ne Oewlapmant Agostinelli • q. Fsch of We wvnuus, conditiotu' nN restaurant mnwe In Jtie Fasemrnt shell me With the Somica Perf esry and shall be binding on each masseuse owner of Ne Sugm Pmpgty, Ns horn, re0mstromovar. sumcssors W woman 5. TO the furthest exon[ drawer by hold hmolma and defend City, its oRirsoM I (^Ivdmmirsei •) from any and dl mu, liability, fi ittuamM by Indermin c, and from any and all c cit Ong name Is. few and litigatione conduction inamemonce or we f Ju lowered evdudingmr loss, liability, lima. penaltiqbarleyi erre negligence, mJrc willed warrantor of IMe, of at, Pmpenr^g awmremor algae tern. n of Ne Development emorK,nt or foam angers n and mainteolmne of teRad mpct forth in ,a pn wepmcnt ortandapparent or or m�mm. saner rnpnt m me anmwminn and m.erer ,doper hereby agrees to imannify. employees, ager¢ and rnhwaen sum. forfeitures. ar sis and danng® mods and winner in law or equity f by, or among out of than d®iter or rca Pooh hart but mcifcory or damages round by rhe attire or well as my duns arising net nfor hM Purmma 6. The coamom and corm am, of this Eusemm an intended to binary dre public antl public performer as well re porynties. aPpurteant Airman rlY. it a spurred that me City abW Mrs lie right to enforce Wu Comment by my Inger or epuitable seem. i. The eoMimmar, and obligations of Jun Euem ed shall remein in full force and elfot and such two as but Cousin and Dergopment [literacy of dw Ciry of From ureas a warier rerwe of such canditionar and ob4&aiws end teener rvch rermu sandy try. Form, County ReenNo,. met medullary he Pno aiwLiuf than prominent sen w waned independent and namable and y of my noes position ur poMm Jneof mull no, after, me twenty or eowrmbdity of my under precision formed submerse, by course of oris byammo t w acquires, in comment mnt dla Foremen, any geuaer b (ores me oder, car singular ircdudet rte pew, and Jre plural ircedu do singant 13� M WflN S WHEREOF. DevelWcr end Cl* Mve camcd Jin A,,,, to be ealy exxuled=Of IW dey end yur 6rmaWve wNkrt CITY DEVELOPER CRY OF FRESNO, a Muoicio FANCHER CREEK PROPERTIES, LLC. a celifomia limina liability wwwa RY" By EASIHANF.NfERPRLSES, a:Califamm limiW pmN hap Brace RWd.Inteim Ciry hWiager EJWaNM.K,Owan Geamal Pmmer By: AFRfCALDFVROPMENT.ILC. n COlifnmu limipd liabilirywmpany Tlomss G.Rk & Mana®ng M® ATTESF_ REBECCA E RLMO Ciry Ckrk By. Dtputy MPROVED AS TO FORM: JAMES C S\NCHEZ CityAXomey Bp Ia1m W.Fox.Seaior Deputy Aie: • 0 CITYCI.EIU('SCMURCATION STATEOFCAU RNIA ) COUNWOFMSNO ) aa. C OFF SNO ) On bothersome, OeporyClry Clmk pemonally appemM personally Wmw w me for peoWtlal W me on me huts of smohmay evidence) to be w owners) whose nemga) Wart Swrowd to the within imuummt am uc6wwlmJgml to an, Ntl M6Mlthry exernM the same in hiAmoh,ir mahovN ummily(no. and th o try hidbedibn, sigmmre(s) on the aswment(s) The pamools). or me motor upon which the personG),mad. exeatm tM monument Wt SS my hoer and ntficml send LEEraearc RESECLA E KLISCH. CMC By. O[PIITY Isf Exhibit L Infill Infrastructure Grant Program Program Guldeiince (Rev. 1/30109) "Transit Station Defined" "Bus Hub" means an intersection of three or more boa mutes, where one mute or a combination Of mutes has a minimum scheduled headway of 10 contains or in least six buses per hourduring peak hours- Pcak hours means Ne time between 7 a.m. to 10 a.m., inclusive, and 3 p.m. to 7 p.m., inclusive, Monday through Friday or the shemauve peak hours daigRaid for the transportation corridor by the anent agency. "Bus Tmrufm Station" means an arrival, depnom, or transfer point for the movie intercity, inbaregiooel, of intdneg oral box xsvion having permnamt investment in multiple has docking faeilitia, ticketing eorvicea, and passenger shelbs. "Transit Station" means a nil or light -mil nation, fury terminal, Bus Hub, or Bus Transfer Stenon. Included in this definition are planned transit stations otherwise meaning this definition whine construction is programed into a Re9101121 or State Transpanation Improvement Program to ho completed nes more than five years from the deadline for subminal of applications set torch in the NOFA. Fhanwi REPORT TO THE CITY COUNCIL AGENDAtTEMNO. 10:00an f COUNCILMEEpING: &25-10 March 25, 2010 APVR VEO BY FROM: JERRY BISHOP, Assistant Director Planning or Devebpment Dapartma narsrtHwroiPEc[da KEITH BERGTMOLD, Assistant Oirecror[� Planning and Development Dep�ergtmenV/'D c�rvu BY: MIKE SANCHE2, Planning Man er Planning NDiv CHbn SUBJECT: CONSIDERATION OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FRESNO AND FANCHER CREEK PROPERTIES, LLC. AND THE REPEAL OF THE TULARE STREEET OFFICIAL PLAN LINE WITHIN THE FANCHER CREEK TOWN CENTER yr x,em, im hn n 1 RECOMMENDATION o�se_io-r 6 Staff recommends that Me City Council lake has following actions. Cod, ro-B• s 1. Consider and adopt an addendum dated June 29, 2009 to Environmental Impact Report No. 10133 prepared for the Fancher Crack Project as earthed through Council Resolution No. 200&183. 2. BILL — (For Introduction and Adoption) — Approving the Development Agreement by and Between the City of Fresno and Forever Creek Properties LLC. 3. BILL — (For Introduction and Adoption) To repeal the Tulare Street Official Plan Line, easterly ham Clovis Avenue, within the Fancher Geek Town Center Project Area to allow for the private development and maintenance of Tulare Street within said project area. EXECUTIVE SUMMARY The Fresno City Council on May 17, 2005, through Resolution No. 2005-183 carped Environmental Impact Report No. 10133, prepared for the Fancher Creek Project In addition, the Council also approved Rezone Application No. R-04-14 which rezoned a 43 -acre portion of the subject property to C-3lcz zoning. On November 15, 2005, the Council approved Rezone Appilemon No R-05-050 to rezone the balance of Me property to Cglcz zoning. Since this dma, stag together with the Developer and its representatives have embarketl on a long process b comprehensively construct a development agreement that clearly indicates the Developers overall vision for the Fancher Creek Town Center while simultaneously incorporating all necessary public Infrastructure improvements in a timely manner. Furthermore, the agreement outlines a dear path for how subsequent development will bet processed by the Planning and Development Department The subject property is situated on 95 acres generally located on the northeast and southeast corners of Clods Avenue and the Fast Tulare Street alignment. Under ole provisions of Section 65864 at a". of the Government Code, the Ciry of Fresco is authorized to enter into a Development Agreement with any person having a legal or equitable. Interest in real property for the development of the property. The purpose of the Development Agreement is to REPORT TO THE CIT)' COUNCIL Development Agreement by and beMerm the City of Fresno and Faucher Creek Properties, LLC March 25, 2010 Page 2 strengthen the public planning process, encourage private participation in comprehensive planning, and secure investment in, and commitment to, public facilities and Infrastructure In the vicinity of Me protea in order to assure the maximum efficient utilization of resources at the least economic cost to the public. The purpose of the proposed development agreement by and between the City of Fresno ('City') and Panelist Creek Properties, LLC ('Developer) is to set font the rights and responsibilities of the parties related to Me development of the Faucher Creek Town Center with respect to: 1) Vested rights; (2) The timing within which infrastructure Improvements of the protect need to be constrcted; (3) True, sale, transfer or assignment of all at a portion of the project and rigl duties or obligations of Me agreement; (4) Allocation of fee credits and reimbursements (i.e. developer financing); (5) The xectiona and fees the project will be subject to, (d) Allrnved density and intensity of uses and conditions, terms, restrictions and requirements for subsequent discretionary actions: (7) The duration of Me agreement; and, (e) Development standards and processing of future submittals. The Planning Commission on August 19, 2009, considered Me above Items and recommended approval of staffs recommendation of the Development Agreement which Included a length of tern 10 years; and that Me Developer be subject to Me Regional Transportation Mi igation Fee (RTMF) by a vote of 4 to 2 with one member absent. After the Planning Commission meeting, the Developer requested that Ciry Staff Irldroff proceeding to Council with the drat Development Agreement as rommended by Me Planning Commission as the Developer wanted to determine whether it was in its best interest to develop the site pursuant to the terns of the Development Agreement or whether it would develop the site pursuant to the rights spanked to it once the City approved Vesting Tentative Parcel Map 200741. On March 11, 2010 the Interim City Manager and Developer's representative. Tom Richards met and reached pamal agreement as to the final items of disagreement between City Staff and the Developer that were presented to the Planning Commission. Specifcally, the Developer agreed that the Regional Transportation Mitigation Fee was now under the jurisdiction of the Regional Transportation Mitigation Fee Joint Powers Authority ('JPA') and that the City had no authority to waive the Impashion of Me fee. As such, the Developer would pay if and when Me JPA determined it Is required based upon the JPA's policies and procedures. Furthermore, the Interim City Manager and Mr. Richards agreed that Meterm of Me Agreement would be 20 years but Met the development would be protected from increases in existing development impact fees and tram having to pay any new development impact fees (adopted afar the Agreement was in efea) only for the Mat eight years Me Agreement is in effect. After Me first eight years, developer would pay all of the applicable City development impactfees at the amounts sal forth in the Master Fee Schedule In effect at the time payment of the fee was required The attached document entifled'Development Agreement by and between the. City of Fresno and Faneher Creak Proper ies, LLC' reflects City staffs understanding of the final agreement reached Larvaen City Staff and the Developer. The final tura issues to be resolved between City Staff and the Developer are: 1. Whether the 8 year protection against Increases In existing fees and payment of new fees described above should apply to processing fees. City staffs position is that it should not. The Developers position is that it should. 2, What language should be included in Ma Development Agreement regarding the location of the Transit Station Mat the Developer will construct. REPORT TO THE CITY COUNCIL Planned Land Use Devebpmem Agreement by and between the Oity m Fresno am Fancher Creek Properties, LLC March 25, 2010 Page 3 R-1AIGM PROJECT INFORMATION North PROJECT Development Agreement by and between the City of Fresno and Single and Multiple Family Flasher Creek Properties, LLC. Repeal of Tulare Street Oficial Plan Density swill Lim between Clovis Avenue within the Fancher Creek Town Center that Residential will permtt said street to be developed as a private street. APPLICANT Fancher Creek Properties, LLC- (Gary Glaneda, Engineer) LOCATION Northeast and southeast earners of Clovis Avenue and the East Tulare Street alignment. (Council District 5, Councilmember Dages) SITESIZE Approximately 95 acres LAND USE Existing- Vacanthigriculture Proposed - Regional Commercial whin mrced use component with trail and ureter amenities ZONING Existing- C-3lcz(Regional CommercudAvHh conditions of zonlrg). PLAN DESIGNATION The exisdrtglproposed C-3lcz zona district designation is consistent with AND CONSISTENCY the 2025 Fresno General Plan and the Roosevelt Community Plan planned land use designations of regional mmmerual. ENVIRONMENTAL Final FIR No. 10133 certified by City Council on May 17, 2005. FINDING Addendum to EIR dated June 29, 2009 PLAN COMMITTEE District 5 Plan Implementation Committee received the taborer RECOMMENDATION Creek Development Agreement as an informational item and did not make a rncommendadon. STAFF Recommend approval of staff recommendation b the Ciry Council of the RECOMMENDATION Development Agreement by and between me City of Fresno and Faucher Creek Properties. LLC. as set forth in Exhibit _. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use R-1AIGM North Medium Lox and Medium Hugh Single Famlfy ReaMeruuWUrben Gmwh Single and Multiple Family Density swill Management Residential South Medium High Density Rd (Counts) limned Five Ape AgrkullmeWrben Multiple Family Eckel REPORT TO THE CITY COUNCIL Development Agreement by and Larval Me City W Fresno and Fancher Creek Properlles, LLC March 25, 2010 Page 4 ENVIRONMENTAL FINDING Environmental Impact Report No. 10133, prepared for the Fancher Creek Project (EIR No. 101 33) was ranged by the Fresno City Couri on May 17, 2005 Mmugh Resolution No. 2006-103. EIR No. 10133 evaluated Me construction of over 2300 residential units in Me entire 475 ave Project Area for the Fancher Creek development, The Town Center Area of Me Project Area was evaluated as a mixed use regional commercial shopping center and was expected M Include t,2 million square fest of mixed retail space and 240 resdentlel units. The current proposal as included in the prompted Development Agreement includes the same amount of commercial retail space but up to 740 residential units (Exhibit D M proposed Agreement). Therefore, there is a proposed Increase of 500 residential units in the Town Center portion of the project. An Addendum to EIR No. 10133 was prepared In the review and approval of the Development Agreement to develop Me Fancher Creek Town Center in Me Project Area which Is generally located at northeast and southeast comers of Clovis Avenue and Tulare Street covering approximately 95 acres. The purpose of MIs addendum is to address Me change In the proposed Project analyzed In EIR No. 10133 Mat moves approximately 500 residential units within the Project Area from outside the Town Center to Inside Me Town Center. In addition, the addendum describes and takes into account the repeal of Me Tulare Street Official Pian Line between Clovis Avenue easterly within the Fancher Creek Town Center Project area. Pursuant to Section 15164 of the CEOA Guidelines, Me lead agency shall prepare an addendum to a previously carload FIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. An addendum need not be circulated for public review but must be considered by the decision-making body with Me Final EIR prior to making a decision on the project A brief explanation of Me decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR. Me lead ager ry's required findings on Me project, or elsewhere In the record. Section 15162 provides the following with respect to changes In a project: that when an EIR has been cedfirr no subsequent EIR shall be prepared for that project unless Me lead agency determines, substantial changes are proposed In Me project which will require major revisions of the previous EIR due to the Involvement of significant environmental effects or a substantial Increase in Me severity of previously identified significant effects After review and consideration under Section 15162 standards. srsff recommends Mat substantial evidence exists that tJn proposed addition of 500 maddentiel units In the Town Center will not require major revisions of EIR No. 10133 because Me change does not Involve a significant environments) effect or substantial Increase to the severity of previously Identified sign fieenf effects as noted In the attached addendum. Accordingly. Staff recommends that the City Council adopt Me addendum dated June 29, R-1/UGM East Merlum Density Residential Single Fall RexNenXaWMi Growth Sime partly Reldenllal Wants; I mea lum-taw arM R-1, RR, RA (County) Singe FaMlly Ri s0entlal, W¢st Medium -High Density Ci gpsdments. and Office Rickentlal Adminlahaare act Professional OMre Uses OXlce Commmclal ENVIRONMENTAL FINDING Environmental Impact Report No. 10133, prepared for the Fancher Creek Project (EIR No. 101 33) was ranged by the Fresno City Couri on May 17, 2005 Mmugh Resolution No. 2006-103. EIR No. 10133 evaluated Me construction of over 2300 residential units in Me entire 475 ave Project Area for the Fancher Creek development, The Town Center Area of Me Project Area was evaluated as a mixed use regional commercial shopping center and was expected M Include t,2 million square fest of mixed retail space and 240 resdentlel units. The current proposal as included in the prompted Development Agreement includes the same amount of commercial retail space but up to 740 residential units (Exhibit D M proposed Agreement). Therefore, there is a proposed Increase of 500 residential units in the Town Center portion of the project. An Addendum to EIR No. 10133 was prepared In the review and approval of the Development Agreement to develop Me Fancher Creek Town Center in Me Project Area which Is generally located at northeast and southeast comers of Clovis Avenue and Tulare Street covering approximately 95 acres. The purpose of MIs addendum is to address Me change In the proposed Project analyzed In EIR No. 10133 Mat moves approximately 500 residential units within the Project Area from outside the Town Center to Inside Me Town Center. In addition, the addendum describes and takes into account the repeal of Me Tulare Street Official Pian Line between Clovis Avenue easterly within the Fancher Creek Town Center Project area. Pursuant to Section 15164 of the CEOA Guidelines, Me lead agency shall prepare an addendum to a previously carload FIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. An addendum need not be circulated for public review but must be considered by the decision-making body with Me Final EIR prior to making a decision on the project A brief explanation of Me decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR. Me lead ager ry's required findings on Me project, or elsewhere In the record. Section 15162 provides the following with respect to changes In a project: that when an EIR has been cedfirr no subsequent EIR shall be prepared for that project unless Me lead agency determines, substantial changes are proposed In Me project which will require major revisions of the previous EIR due to the Involvement of significant environmental effects or a substantial Increase in Me severity of previously identified significant effects After review and consideration under Section 15162 standards. srsff recommends Mat substantial evidence exists that tJn proposed addition of 500 maddentiel units In the Town Center will not require major revisions of EIR No. 10133 because Me change does not Involve a significant environments) effect or substantial Increase to the severity of previously Identified sign fieenf effects as noted In the attached addendum. Accordingly. Staff recommends that the City Council adopt Me addendum dated June 29, REPORT TO THE CITY COUNCIL Development Agreement by and between the City of Fresno and Faucher Creek Prayeral LLC March 25, 2010 Page 5 2009 to Environmental Impact Repan No. 10133 prepared for the Fancher Creek Project as certified through Council Resolution No. 200E-183. BACKGROUND I ANALYSIS The Fresno City Council on May 17, 2005, through Resolution No. 2005-183 venture Environmental Impact Repan No. 10133, prepared for the Fancher Creek Project. In atldklon, the Council also approved Rezone Application No. R-0414 which rezoned a 43acre carbon of the subject property to C-3Icz zoning. On November 15, 2005, the Council approved Rezone Application No R-05-050 to rezone Me balance of the property to C-3Icz zoning. Since this time, staff together with the Developer and their represurga s have embarked on a long process to comprehensively construct a development agreement that clearly indicates the Developers overall vision for the Faucher Creek Town Center while simultaneously in ioroorehng all necessary public infrastructure Improvements in a timely manner. Furthermore the agreement outlines a dear path for how subsequent development will be processed by Me Planning and Development Department The subject property is Oriented on 95 acres generally located on the northeast and southeast comers of Clovis Avenue and the East Tulare Street alignment Under the provisions of Section 85884 at ease. of the Government Code, the City of Fresno is authorized to enter Into a Development Agreement with any person having a legal or equitable Interest in real property for the development of the Property. The purpose of this Development Agreement is M strengthen the public planning access, encourage Privets participabon In comprehensive planning, and secure Investment In, and commitment to, public facilities and Infrastructure In the verily of the project in order to assure Me maximum efficient utilization of resources at the least sconorma cost to the public. The purpose of Me proposed development agreement by and between the City of Fresno and Fancher Creek Prudential LLC is M and forth the rights and responsibilities of Me paries with respect M the development of the Faucher Creek Town Center including: 1) Vested rights; (2) The timing within which infrastructure improvements of the project need to be constructed (3) The sale, transfer or assignment of all or a portion of the project and rights, duties or obligations of Me agreement; (4) Allocation of fee credits and reimbursements (i.e. developer financing);(5) What fees and exactions Me project will be subject to; (6) Allowed density and Intensity of uses and conditions, terms, restrictions and requirements for subsequent discretionary actions; (y) The duration of the agreement; and. (8) Development standards and processing of Nitre submittals. Planning Commission Action of August 19, 2099 On August 19. 2009, the Planning Commission considered Me Development Agreement and the repeal of Me Tulare Sheet Oficial Plan Line with the Faucher Creak Town Center. During Mese deliberations, Me outstanding items between the City and Me Project Developer were resolved These were the remove of the Eckman Water Company Letter from the development agreement and the acquisition of rightaf-wey for future traffic signals. Representatives from both Bakman Water and Fancher Creek Properties agreed to meal and resolve any water requirement issues Mat will be imposed on Me project. As for the right-of-way acquisition, Faucher Creek representatives stated during the deliberations Mal they (Rancher Creek Properties) would pay the City Me necessary manias acquire necessary dghl way either by negotiation or eminent domain proceedings, if necessary. The Planning Commission voted N recommend approval of staff recommendation of the development agreement and repeal of the Oficial Tulare Street Plan Line by a vote of 4 to 2 with one member absent. REPORT TO THE C" COUNCIL Development Agreement by and between the City of Fresno and Fancifer Creak Properties, LLC MazM 26, 2(110 Page 6 Staffs recommendation included Ne 10 year term of agreement and the Project Developer being subject to the RTIAF Fee. The project Developer has asked for a 20 year farm of agreement and that the RTMF Fee be removed from the agreement. Subsequent Agreemera In Principle Who Regard to Two Remaining Deal Points Through indented negotiations between city staff and the project Developers representative. narrowing with a meeting between the Interim City Manager and Tom Richards. Developers representative, City stat( believed if reached an agreement in prinople with regard to the remaining deal points at issue as follows: 1. With regard to the Regional Transportation Mitigation Fee (wRTMF) it was agreed that the City lacked junsdicticn over the Imposition of the fee since the City entered into the Joint Powers Agreement to establish Ne Regional Transportation Mitgaton Fee Joint Powers Author( y ('JPA')lo impose and Implement Ne fee. As such. Me development will be subject to the RTMF only If the JPA determines the fee scones to the development. This has been addressed In the Agreement, In Exhibit F, section FA)_ 2. WiM regard to the term of the Agreement, it was agreed that the tens would be 20 years with the following limitations: 2.1 The development is protected from increases in existing City development impact fees and new City development Impact fees for Ne that 8 years the Agreement Is in effect. 2.2 After the first a years the Agreement is In effect, the development would he subject to all City development Impact fees, including impact fees adapted at any time during the tens of the Agreement. In this case, Ne amount of the development impact fees will be that amount in the most current adopted Master Fee Schedule at the time the fee payment is required. This agreement is memoraliced In anneruv 101 and 106 of fine Development Agreement and In Footnotes 2 and 3 of Exhibit F. 3. Developer agreed to pay a Development Agreement preparation fee of $50,000.00. This agreement is memorialized in Exh'Ibll'C'. Two Remaining Issues to Be Resolved Though City Staff and the Developer have made much progress In coming to agreement on the Mal outstanding deal points, as of Ne date of this Stan Report Men Issues remain to be resolved 1 Wh M1 h e b d' I ti' i i t f d t f fee tlescrrbetl above oho Id Tool t i f CIN Gff it' ' th t h M1 Itl not. The Develo ages position is matt should. With regard to Processing Fees (desWbed in Exhibit'C') City Staffs position is that Ne development of the Subject Property should be subject to the Processing Fees set forth in Exbib0'C'. In addition, "In regard to other processing fees set forth in Ne Master Fee Schedule Net the development would he subject to, the amount of the fee should the the amount set forth in the most current Master Fee Schedule adopted by the Cry and in effect at the time payment of Ne processing fee is required This is because REPORT TO THE CITY COUNCIL Development Agreement by and between the City of Fres, and teacher Crack Properties, LLC March 25, 2010 Page ] these processing fees pay for actual hard costs, including City dust time, to process Me entitlement applications and other permits me Developer has cliched! far. The Department of Planning and Development is an charades fund, and Menefee, is responsible for meeting its budget through revenue generated from processing fees. Freezing processing fees for statements; and permits associated with such a large project could significantly impact the revenue to Me Department. It is City Staffs understanding that Me Developer seeks Me eight (8) year protection against increases In raising processing fees because It needs centricity dudng the early phases of this project with regard to the costs associated with Me development. 2 What language should to included In the Develcearrearl Mratiment requarding the location of the Transit Station that the Developer will construct. Toward the and of recent negotiations between City Stall and me Developer, Developer requested Mat language be added to stations 202.1.1, 202 IS and 202.6 to clarify to key issues for the Developer heated to the proposed Trensil Station. First, the Developer wanted to confirm Met the Transit Station would be constructed either on Me Subject Property or off-site but on property camtlguous to the Subject PropeM, as this is cri6al for Developer to amply wish Me teens of its Proposition 1-C grant Second. the Developer wanted it stated in Me Development Agreement Mat the Developer would be entitled credits for coat of construction of Me Transit Station tom a Transit Fee if Bre City adopts such a fee and the Developer pays the fee. This second issue was addressed In Part W' of Exhibit "P already but the Developer also wanted It stated In the Agreement With regard to the location of the Transit Station, City Staff has been working on language to address Developers concern but also addresses City Staffs concern Mat the Transit Station be constructed at a Ideal that is acceptable to the CM. The Developer is agreeable to such language in concept. However. as of me Mekong of thus Staff Report, Me Developer and City Staff have not agree to the exact language. With regard to the fee aredd Issue, City Staff as of Me finalizing at this Staff Report, City Stell has not agreed to Developer's proposed language. As to both of these issues related to the Transit Station, it is possible that City Staff and Developer may reach agreement prior b the March 25a Council Meeting. If such an agreement is reached. CM Staff will notify the Council Immediately by way of a bay memo. Defining Characteristics, Benefits and Disadvantages of Development Agreements Defining Characrans(ics Section 65865.2 of the Government Code indicates that a development agreement shall specify the duration of Me agreement, red permitted uses of the property, the density or intensity of use, Me maximum height and size of proposed buildings, and provisions for reservation or dedicator of land for public purposes. The development agreement may include conditions, terms, restrictions. and lequinsinal for subsequent discretionary actions, provided! that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set form in the agreement. The agreement may provide Met construction shall be commenced within a specified time and that the project or any phase thereof REPORT TO THE CITY COUNCIL Development Agreement by antl between the City of Fresno and FamM1er Creak Presentee, LLC March 25, 2010 Page 0 be completed within a specified time. The agreement may also Include terms and conditions relating to Developer financing of necessary public facilities and subsequent reimbursement over time. Exhibit D of the Development Agreement outlines permitted uses and development standards for the Faucher Creek Tom Center Project which Includes a Design Review Committee that well consist of two city staff members appointed by the Planning Direcor and one member appointed by the project Developer. This Design Review Committee is expected to streamline the entitlement process. for all future applications pursuant to the provisions of the Development Agreement. The agreement also gives me Planning Director authority to defer cohost public Infrastructure and safety services requirements to the appropriate Department Director. BeneMs Under Section 65664 of the Government Code the Legislature has found and declared that the lack of rascality in the approval of development projects can result In a waste of resources, derogate the cast of housing aid other development to the consumer, and discourage Investment in and commitment to comprehensive planning which would make maximum shall utilization of resources at the least economic cost to the public. Therefore, the Legislature has also found that development agreements may be seen as a benefit In providing assurance to the Developer for a development project that upon approval of the pmjed, the Developer may proceed with this project in accordance with the existing policies, urges and regulations,. and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development Furthermore, the Legislature has found that the lack of public facilities, Including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities is a serous Impediment to the development of new housing; and. that whenever possible, applicants and local governments may include previsions in agreements whereby applicants are reimbursed over time for financing public facilities. Disadvantages The City of Fresno also recognizes certain potential disadvantages to development agreements including the following. (1) Development agreements limit agencies ability to respond to a changing regulatory environment (eg., agreement looks In regulations at time the agreement is approved lalthough may contract to address areas of concern within the agreement])', (2) The local agency needs to identdy all of the issues presented by a project at the odset and future changes require mutual consenC (3) Market changes may affect the ability of a developer to meet Ne terms in an agreement; and, (4) Development Agreements only look In loop l regulations (i.e.. does not in anyway limit subjectivity to changes in State or Federal law). The purposed Development Agreement cannot eliminate previous conditions of zoning that the City Council imposed on Rezone Application Nos. R-0414 and R-0&50. Many of these conditions of zoning dealt specifically traffic signals and street improvements within the Faucher Creek project area. Substance of Development Agreement Vestal Rights and Dunton of the Agreement Thetoren of this proposed Agreement, as stipulated In Section 104 (Term, Recordation) of sad Agreement, shall commence upon the agreement being recorded with the County Recorder (which is to be 10 days from final approval of the agreement which occurs 30 days after final passage of the ordinance), and shall extend for a period of 20 years. It should be noted that the Agreement may be REPORT TO THE CITY COUNCIL Development Agreement by and between the City of Fresno and Fand1® Crack Properties, LLC March 25, 2010 Page 9 modfied or extended (pursuant to the circumstances set forth in the Agreement) upon mutual consent of the Parties. Otherwise, Me Agreement shall be deemed terminated and of no further force or effect after Me stipulated 20 year parsed. Pursuant to Sec0on 101 (Vested Rights) of the subject Agreement, the Developer shall have a vested night to develop the Subject Property for Me period this Agreement is In effect in accordance with the Development Approvals (Redtal'P of the Agreement), Subsequent Development Approvals (Recital -F- of the Agreement), me provisions of this Agreement and the Applicable Rules (Section 102.1) of the Agreement. The Vested Rights under this agreement shell apply to the negotiated and agreed upon Impact fees, permit processing fees, dedications. and exactions, Mat will be required in connection with the development of the subject property. Timing of Improvements Under Me terms of this proposed Agreement, both parties (City or Fresno and Faucher Creek Properties, LLC) acknowledge Met me Developer cannot at this time predict when, or the order In which, Individual buildings on the Subject Properly, will be developed. Such decisions with respect he phasing of tlevelopment of the Subject Property will be depend upon a number of circumstances not within the control of the Developer, including, without limitation, market conditions and demand for Me use or uses of the Subject Properly, the condition of capilal markets and availability of Appropriate financing for the development of the Subject Property and other similar tactors. In order to retain tier flexibility necessary to respond M such market conditions, the Developer shall have the right to develop Me Subject Property In phases, in such order, and at such times as the Developer deems appropriate within the exercise of 16 subjective business analysis of those factors determining the Appropriate worse of development of the Subject Properly. However it should be noted that Me Developer will also to required to comply with the Development Agreement (Exhibit D). Sale, Transfer or Assignment of Rights, Duties, or Obligations The proposed Agreament, its rights, duties or obligations may be accused, sold, exchanged or irensfered. In whole or in part, In connection with a transfer by the Developer of all or portion of its Interests in the Subject Property subject In the terms conlained within the Agreement (Sections 105.1- 105.4). An assumption A required to be sat forth in an assumption agreement in a form reasonably acceptable M and approved In writing by the City. Any assumption will also require a Notice to Me Assignee that May may be subject to fees for development of the property consistent with the Agreement. Impact Fees. Dadicetions and Exactions Under the current proposed terns of this Agreement. Me only dedications, and exactions applicable to me development of Me Subject Property are Nose contained within the Development Agreement (Exhibit F and related attachments) and Mose respective to a requested formulation of a Community Facilities District, it applicable (Inclusive of any reimbursement M extent allowed by law). With regard to development impact fees, for the first eight (8) years the Agreement is in effect the development is protected more having to pay increases In exisling City development Impact fees and from having to pay Clty development impact fees adapted and in effect after Mis Agreement is in effect. After the first 8 years the Agreement is in effect. Me development would ba subject to all City development impact fees, including impact fees Adopted at any Are during the term of the Agreement. After the first a years Me Agreement is in affect, me amount of Me development impact fees will be that amount in the most cement adopted Master Fee Schedule at the time the fee payment is required. REPORT TO THE CITY COUNCIL Development Agreement by and! beMeen Ne City of Fresno and Farcher Creek Properties. LLC March 25, 2010 Page 10 The Developer will be responsible for paying any fees the City collects for other agencies pursuant to Slate or Federal law or any City agreements or City ordinances adopted or entered Into to comply with State or Federal law or judgment of a coon of law. Fee Credits and Reimbursements As canen0y proposed within the Agreement, the Developer will be eligible for reimbursements am credits for Me followirng: traffic signal improvements. 12' Father Creek mall, sewer connection at Tulare and Argyle (H elected as connection point), any eligible park facitifles (as determined by Ma Paris Director) and costs for creation or annexation to CFD. In addition, the Developer would be argued! to fee credits for its construction of the Transit Station described In the Agreement d the City adopts a Transit Fee meeting the definition In Exhibit 'r to the Agreement and Me Developer pays the fee. Repeal of Tulare Street Official RIJOS It is the intent of the project Developer to fully construct and install all street Improvements within the Father Creek Town ranter and have Tulare Street become a private street Mat will be maintained by Faucher Creak Properties, LLC. In order to accomplish this, the Tulare Street Official Plan Line (OPL) most be repealed for that segment that lies within the Town Center area. The Tulare Street OPL east of Clovis Avenue was adopted on August 18, 1987. In the General Plan it is classified as a collector boost which by definition is intended to provide connection and access to the arterial street (Clovis Avenue). The developer would like to rescind this OPL so that Tulare Street within Me project limits is not a public street maintained by the City of Fresno. The developer will provide one lane in each direction with an easement that requires the private street remain open for public Pedestrian and vehicular traffic at all limas. By providing one lane in each director Me developer is satisfying the Intent of a collector street. With roundabouts installed at two local on this private street within the project limits this private roadway will be able to accommodate the anticipated traffic volumes associated with this mixed use project and no additional Impacts or mitigation are required other than the covenant for public traffic use. In addition, any perking proposed along this headway has been or shall be approved by da City Traffic Engineer for design and location and! Is Ilmtiel to parallel parking or diagonal parking. The Traffic Ernghmer has found that in his professional assessment of the site plan and preject description for rancher Creek, no additional infrastructure mitigation is necessary to developlentllle Me commercial retell mixed use center potion of the project along Clovis Avenue from what was already Identified in the Father Creek EIR HEIR No. 10133). The changa'm project will not resuu in any new significant impacts or Me need for any additional mitigation. Potential Alternatives to the Approved Project and Subsequent Discvetkii Actions Given the long-term bund -out of the project, the Parties of the Agreement (City of Fresno and Rancher Creek Properties, LLC) acknowledge Mal development of Me Subject Property may require amendments to Me Development Agreement or Subsequent Development Approvals. Section 208.1 (Administrative Amendments) of Me proposed Agreement provides Mat upon the written request for an amendment or modfcation to a Development Approval or Subsequent Development Approval of the Developer, the Planning Director or histher designee shall determine: (i) whether the requested amendment or modification is minor, and (H)wbether Me requested amendment o modification is consistent with the Applicable Rules. If Me Planning Director or histher designee finds Mat Me proposed amendment or modification Is minor, consistent with Me Applicable Rules, and is hot subject to further environmental review under CEQA (See CEQA Guidelines §§ 15162. 16163), the amendment shall be determined to be an "Administrative Amendment" and the Planning Director m REPORT TO THE CITY COUNCIL Development Agreement by and between Me City of Fresno and Fancier Creek Properlks, LLC MmrM t3, 2010 Page 11 investor designee may approve, or may approve with appropriate conditions, the Administrative Amendment consistent with the procedures descnbed in Exhibit D of Ne Agreement. The determination of whether a requested amendment or modification is an Administrative Amendment shall ho within the reasonable discretion of the Planning Director. Notwithstanding the above, 9 the Director spectral tat an amendment has the t til to affect a facility tinder the 'tiIty of another City impargnifind. theDirector shfillrefer the amendment re f ft affected Department Is or her designee) mt WN concur that me a t is a minor amendment under thet provided in his Section. For example. IT an amendmentb'i to affecte Director of Pull Works (and/or his or her imatimani most concur that Mg agifiripment is administrative.if an amendment has the ability to affect answer leads,Me Director f Public Utilities Department (shelter We or her designee) must concur that the amendment a administrative. Examples of amendments or mo fifirabons which may, depending an paNwlar circumstances, be treated as Administrative Amendments, include, but are not limited to, the following: (1)lot line adjustments that dig not altar the concepts of the project design: (E)atierelions In vehicle circulation patlems or vehicle appears points which do not adversely affect capacity or service levels; (3) changes in trail alignments; (4) substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan: (5) variations in Me location of structures that do not substantially alter the tlesign concepts of he project: and (6) minor alterations in design or configuratlon of lou l Met with m nt Standards se forth In Exhibit D of the Agreementand 7 minor adjustments to the Subject Property legal description. Administrative Amendments are subject to a processing fee as provided in Exhibit C of the Agreement Furthermore, as provided for in Section 208.2 (Material Amendments) of the proposed agreement, any request of Developer for an amendment or modification to a Development Approval or Subsequent Development Approval that is reasonably determined by the Planning Director or mishear designee to be a material amendment ('Material Amendment"), as opposed to an Administrative Amendment, shall be subject to review, Consideration and action pursuant to the laws in effect at the time the Material Amendment Is considered for approval. Notwithstanding any provision In the Agreement to the contrary, the City may impose mifigation measures necessary to comply with CEOA for Material Amendments. Material Amendments are subject to processing fees as provided in Exhibit C of the Development Agreement Findings of Consistency Section 65867.5 of the Subdivlsmn Map Act provides Mat a development agreement is a legislative act that shall be approved by ordinance and is subject to referendum and requires that: 1. A development agreement shall not be approved unless the legislative hotly finds that he provisions of the agreement are consistent with he general plan and any applicable specific plan; and. 2. A development agreement that Includes a subdivision. as defined in Section 66493.7 (of the Subdivision Map Act), shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with the movlssms of Section 56473.7 relative to the detemtlnation of a'sufficient water supply' as defined therein. The Project Developer has also filed Parcel Map No. 2007-41 which was accepted on February 19, 2008 and proposes a total of 43 parcels. Parcel Maps are typically approved by the Director of Planning and Development. Parcel Map No. 2007-41 is expected to tie approved after Ma City Council adopts he REPORT TO THE CITY COUNCIL Development Agreemem by and between Me Clry of Fresno and Ferri Creek PropeNm, LLC March 25. 2010 Page 12 proposed Development Agreement The Parcel Map will be conducted upon compliance with the Development Agreement. Altarnafivas to the Development Agreement Subsequent to the Planning Commission meating of August 19, 2009, the Project Developer submitted to the City on September 15, 2009, tour altematives for consideration in lieu of the proposed Development Agreement. These induce: 1. Make Me exhibits to the Development Agreement addressing fees, exactions and development standards (Exhibits D and F) conditions of approval of the Vesting Tentafive Parcel Map for the site. FOP would Then proceed with the development of Me site pursuant to the rights granted by the Vesting Tentafive Parcel Map. 2. The City and FOP enter into a letter of agreement setting forth the fees, exactions. dedications and development standards that would apply to the project. 3. Proceed arm the development of Me site under the Ci Planned Unit Development ('PUD') Ordinance. 4. Proceed with the Development Agreement as currently drafted but state in me agreement that the vesting rights afforded to FCP would be those vesting rights provided to FOP under current law for his Vesfing Tentative Parcel Map. Options Nos. 1 and 3 would require the submittal of a condXional use permit which would include detailed site plans and elevations. To data the proposed Town Center Project has yet to produce mese types of details. In addition, there still must be a mechanism to. deal with the repeal of the Tulare Street Official Plan Line within the Town Center proper in abler for the street to be privately developed and maintained The repeal of an Oficial Plan Lina does require a general plan amendment under options 1 and 3. Under the proposed Development Agreement, me repeal of Tulare Street would have been Incorporated as. pad of the document. The PUO bound has commercial limitations, primarily interest access only to the project site, which would prevent it from being a viable option. Option 21s not viable approach since it does not comply with the requirements of a development Agreement set forth in the Government Cotte and would be difficult to enforce. Lastly, staff finds that the Option 4leaves uncertain the vesting period associated with this development The project Developer has bean made aware of staffs position on these matters in a letter tlated October 1, 2009. The most recent discussions with Trencher Creek Properties appear to indicate a willingness to resolve the two remaining open Items. CONCLUSION The appropriateness of me proposed project has been examined with respect to i% consistency with the goals and policies of the 2025 Fresno General Plan me Roosevelt Community Plan, its compatibility with surrounding existing or proposed uses, and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors he" been evaluated as described above and by the accompanying environmental assessment. Upon consideration of the evaluation, 11 can be concluded that the proposed Development Agreement by add between me City of Fresno and Fancher Cmek Properties, LLC, Is consistent with me 2025 Fresno General Plan and Roosevelt Community Plan and, REPORT TO THE CITYCOUNCIL Development Agreement by and between he City Fresno and Faneher Creole Propeniaz, LLC March 25, 2010 Page 13 that Ups associated repeal of the Tulare Street Official Plan Line, as described earlier wlll comply wilt the. provisions of the Fresno Municipal Corte. Attachments: V 'nity Maps Development Agreement by and CeMreen the City of Frosno and Fenster Creek Pmpe ties. LLC, Exhltib A -L AJdendum to Envlrcnmenta ImpactReportNo. ID133 detetl June 29. 2009. Planning Commission Resolution No, 12973 Ordinance BAI approving Development Agreement Ordinance Bill Approving the repeal of the Tulare Street Ofivai Plan Line Kn Wdn CMwWW Ip MUM abPgep6\LouNl RyhxN pmvM Ag,mr,mt CC Rowt 1005¢515 fi,I drc VICINITY MAP Fancier Creek Town Center When R000rded Mail To'. IIIIIIIII II IIIIII IIIIIIII I IIIIII city clerk FRESNO County Recorder €o Robert C. Werner ® City of Fresno DOC— 2010-0097083 $ Fri &y. JUL 30, 2010 11:35:37 2600 Fresno Street Ttl Pd $0.N Nbr-BN3ZH488 GSF/R7/2-19 n Fresno, CA 93721-3803 CITY OF FRESNO Planning and Development DapaN'nent EASEMENT FOR PUBLIC ACCESS OVER INTERNAL ROADS AN0 SL1,86 DIKA-Di9q EASEMENT FOR PUBLIC ACCAVER INTERNAL ROADS • Page 2 of RECITALS WHEREAS, Faucher Creek Properties, LLC, a California limited fair company ('Developer) Is the owner of the real property situated in the City of Fresno, County of Fresno, State of Callfomla, as described in Exhibit A attached hereto and incorporated by reference ("Subject Projoi WHEREAS, Developer hereby warrants that any and all seems having rewrd Iltle interest in the Subject Property 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 pan of this instrument. and WHEREAS, Developer Imends to develop the Subject Property pursuant to the terms of that certain Development Agreement dated RI .010 by and between the City of Fresnoa municipal corporation ("City") and Developer ("Development Agreement") as pan of the larger Fancher Creek Project which shall be a mixed use, master -planned project Nat will include residential communities, a town center, recall, a village center with senior housing, a business park, park space and Intemal roads necessary for traffic circulation within the boundaries of the Subject Property as well as to and from public dghtaof-way in the vicinity of the Subject Property and WHEREAS, development of the Subject Property includes those certain internal roatls, Fancher Creek Drive and Tulare Avenue Fingernail Roads"), as the same are generally depicted on that certain site map at Exhibit R attached hereto and Incorporated by reference: and WHEREAS, the Internal Roadsare included in and constitute an Integral part of the Circulabin Element of the 2025 Fresno General Plan adopted by the City on November 19, 2002 (Resolution No. 2002-3]9). and WHEREAS, Developer desires to maintain the Internal Roads and intends to construct the same to City specifications and maintain the same in the manner of private drives, retaining control of maintenance, signage and Installation of any and all utilities to be placed within or along said Internal Roads: and umm,xusasPow 0z EASEMENT FOR PUBLIC ACCEPOVER INTERNAL ROADS • Page 3 of 9 WHEREAS, the City requires that me Internal Roads, though privately maintained, be accessible to the bobfic as seemed necessary in order to Implement the aforementioned Circulation Element of the 2025 Fresno General Plan. COVENANTS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, in furtherance of the Recitals, which are hereby incorporated as if fully set forth herein and in consideration of the covenants and promises contained herein and for ether valuable consideration, the recalls and sufficiency of which is hereby acknowledged, the Developer hereby covenants that the Subject Prolan shall be held, conveyed encumbered used, occupied, developed, malntaned, and Improved subject to Me following covenant, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability and safety of the Subject Property, the surrounding property and the public at large, and to minlmize passible adverse effects on the public health. safety. peace, and general welfare. Each of the covenants, conditions and restrictions contained In this Easement far Public Access Over Informal Roads ("Easement") shall Run with the Subject Property and shall be binding upon and Inure to the benefit of each successive owner of the Subject Property and his heirs, successors and assigns. 1. The Internal Roads shall be accessible to the public for occasional and vehicular Ingress and egress. including emergency vehicle access at all times consistent with a public right of way. Developer shall comply with the previsions of Sections 1008 and 1098 of the Civil Code of the State. of California to ensure that the Internal Roads, though accessible to the public and public agencies as set forth in this Easement, continue to be maintained in the manner of private drives and that the public does not obtain a prescriptive easement of any kind over, under, through or across said Internal Roads The Internal Roads shall the renamed consistent With local and State law. 2. Use of the Internal Roads shall at all times be subject to all applicable laws, ordinances, rules, regulations and requirements of the City, County, State and any other governmental authorities as to law enforcement activities and application of me Caldoma Vehicle Code. 3. Developer shall seek and acquire the City's prior approval, which approval shall not be unreasonably withheld in the event it seeks to alter the Internal Roads In any manner 1107 1ae2A 3032 0004 EASEMENT FOR PUBLIC ACCEAVER INTERNAL ROADS • Page 4 of e that can reasonably be expected to impact traffic circulation on said Internal Roads, including, but not limited to changes in location from that agreed upon in Me Development Agreement. 4. Each of the covenants, conditions and resmcdons contained in this Easement shall run with the Subject Property and shall be binding on each successive owner of Me Subject Property, his heirs, representatives, successors and assigns. 5. To the fullest extent allowed by law, Developer hereby agrees to indemnify. hold harmless and defend City, its officers, officials, employees, agents and volunteers ('9nderrnl4es') from any and all lassliability, finespenalties, forfeitures, costs and damages Incurred by Indemnitees, and from any and all claims, demands and actions in law or equity (including. attorneysfees and litigation expenses) caused by, or arising out of, the design, construction, maintenance or use of the. Internal Roadsas set both herein, but specrucally excluding any loss. liability, fines, penalties, forfeitures, casts or damages caused by Me active or sole negligence, or the willful misconduct of Indemnitees, as well as any claims arising out of or related to property ni interests or privileges. Notwithstanding the foregoing, during the term Of the Development Agreement or any Other agreement entered into pursuant thereto relatingto construction and maintenance of the Internal Roads, the indemnity rights and obligations shall be as set forth in the Development Agreement or the applicable agreement entered into pursuant thereto will respect to the construction and maintenance of the Internal Roads. 6. The covenants and condsons of this Easement are Intended to benefit the public and public properties as well as propedies appurtenant Accordingly, R is agreed that the. City shall have Me right to enforce this Easement by any regal or equitable means. 7 The conditions and obligations of this Easement shall remain in full force and effect until such time as the Planning and Development Director of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 6 The provisions of this Easement shall be deemed independent and severable and the invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof Vvhenever the context of this Easement so requires in Interpreting this Easement, any gender includes the other, Me singular incudes the plural, and the plural Includes the singular, 00'1533.4 Jr6II/IIIXN EASEMENT FOR PUBLIC ACCEROVER INTERNAL ROADS • Page 5 of 8 IN WITNESS Vi HEREOF Developer and City have caused this Agreement to be duly executed as of the day and year first above written. Cm: CITY OF FRESNO, a Municipal Corporation. By 11� .fia Sao Rudd, em,MRitiv IHRI Sea Manager� ATTEST: REBECCA E. KLISCH City Clerk �A By gdjb Depnty 7/ai/lv APPROVED AS TO FORM: JAMES G SANCHEZ City Attorney By: ohn W Fox, Semor Deputy Date: ,/10010 I $ DEVELOPER. FANCHER CREEK PROPERTIES, LLC, a California limited Ilabirdy company By: KASHIAN ENTERPRISES, a California limited partneri Edward M Kashian 4k General Partner By. AFRICAL DEVELOPMENT, LLC, a California li c liability company Thomas aNa Managing Member 3003nsa rcaeoau / CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT Slate of Csimmut 1 county of �c ta 31S On �aOID doomee.. No"venue Ic w.r perammalpapllearad IhO oss G 5 Mro PMW to mor on to bats of sdd;bctary dre eper to be me personds) whose most v4mesueminerl he the wlmin Instrument said acknowledged to me that saaaaaaashe(sbaM1bby avcNed the same In b1YMMlwp automated cmRla c I7= capacidders. and mal W niagwr r Ngremre(sl.ea to CommrYonr rNM]f instrument the pe Bonet, or the amity upon behalf W Xc WNk. eeXbMe which the perspa181 acted. repeal llw n%Nment. (nNd la wlr N rYe 3%i wrllly under PENALTY OF PERJl1fiT under the laws of me brute of Cetlarma that the loregolng paragraph is true and correct, WITNESS /^��' nand and o/nJlalei(seew Signaturee4iYd+- OPTIONAL mm.ga rre�aomawr bad, .,norram,rmab a.,, nmypmre wweero mParsuna anvanux ur„rw.r a.,a Pmanr rwwwam,w"awr aro remw»marn a rm. ami ro.mmrw wmmme DescripNUR of Attached! Document r� TileorTyp¢nDoaamenC[�Q.IY,Qv.T 4� P„b� Ip--- 1-) 7 -3 --mi Rmds Document Dab: Number d lames, togrand cru eriaan NamN Abme'. capaciN(ksI Claimed by Siephr(a) Signors Name: Sliii Nemo: — Inmmouai 7Indrvidual C caronrere omcer—alp(sl, DCorporate Order — Tlatel: J harbor —e umned Jbarred 0Partner—o. umiW 0Gnerel C Atrmry In Fan DAtmen In Fan pas — mr w, orrn,,.en OTmtlee mums ❑ Grumman or Communard [ reartlMn or fl Other: COther 8191 19 Representing; III Is RepmsenOnp_ even ry .sm Nft, , o.waxue�srwrz....rm.unwe.w mm�+wm.aurmnwraienem • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT emnreaswarvnr�..canww!. romnrz.o.mm....0 State of California County of �y O. On xolo bemreRod , I,y P., 61l- S1eeiMgu,.n w.Nm pen enauy appearedIUSJ _ who prone i to me on the basis of sataboory andante N W the deadest whose Tarti onswe subscdned to me within instrument and aGnowledged to me that he seek" e2sulell thesame in ni almeMM1eir achromed A Zuh namextrin", am that by nlsTerMrtlregnewrp(s)on the ' 'a (R)FIrt #ifri fi)p instrument Me parom{e) or the entry upon behalf of ry l ♦.neL A. witch me pprsorpel tuned eecund the'nslrument I comfy under PENALTY OF PERJURY under Pe laws Of the Sate of California that the roregcin8 paragraph is true and cmmon WITNESS my hand and omqci,e�l seal. rw�Nir "Rn Signature a n OPTIONAL Trmeen mw;narmman twin.w not rvmi on mw, w may prow wawa, mAromm; minas an ma document "d "'Al dens"t wwdwnl amareb win Weacmmwb.a mrs arm or inner d ,Wmr. Ueecnption of And ched Uocumeel Tine or Type m Cpanment: ire., a -a � ble f�uhs 1„-}.rr.11 Ro9dc nw. Document Dole._ Number of Para _ ABnensl (Mer Than Named gbwe' Capacity(fes) Claimed by Slgner(a) Signers Name: Sign( Nerve - ImlVdil -InOwdual CdpemleOmor-Tlnafa)I O. Comfort OF-Tilletd _ _ Parini Llmne terminal LPeMer- board 'General Attamey In Fed I-. Afformay In Fan vnr.n .Tree .ru..-.in I I Guardian or Coruenatm 1 or Conmrealor Oshelen I arM= hear Lear Schur is Arrompni Signer is Repwsentmg: — J -7--7 9131 FROM "-•.---• wmemr w..,rcrw...,mnewcr SUBORDINATION The undersigned is holder of the beneficial interest in and under that certain Dead of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated May 1, 2006, in, by and among: RANCHER CREEK PROPERTIES, LLC, a California limited liability company, as "Trusbor"or"Borne FINANCIAI. TITLE COMPANY, as'Trustee," and CENTRAL PACIFIC BANK a Hawaii banking corporation, as "Beneficiary," recorded on May 12, 2005 as Document No. 2006-0101207 of the official records of the office of the Fresno County Recorder (together with any and all amendments thereto or modifications thereof (the 'Deed of Trust"). The undersigned hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the attached EASEMENT FOR PUBLIC ACCESS OVER INTERNAL ROADS. DATED: J 1? ZOIO BENEFICIARY (Beneficiary to pnn(ttype Name and Taa: and attach Nobry A imovdudgmeno 13IR21v11653MW ACKNOWLEDGMENT State of California County of San Diego t On JUly 12, 2010 before me, Meagan Pomeroy iota emnc (insert name and title of the officer) personally appeared — Reilly Shaughnessy who proved to me on the basis of satisfactory evidence to be Ne person(s) whose Merrell) is/are subscribed to the within Instrument and a omowledged to me that beysheMey executed the same in hirdherltheir authorized capacitylies), and that by bls/Nerttheir signature(s) on the Instrument the persorms), or the entity upon behalf of which the persons) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tree and correct. WITNESS my hand and officer seat gN Byygj o 00 /// m.r.. xr mo (Seal) EASEMENT FOR PUBLIC ACCEROVER INTERNAL ROADS • Page B of 9 EXHIBITA DESCRIPTION OF THE SUBJECT PROPERTY OWNED IN FEE /see AUachodl KXNIBE A DESCRIPTION OFTRE 9RNdECT PROPERI Y OWNED IN FEE The portion at Inc Nordlwest Qundcr and the $nullil Quieter of decline 4, Township 14 South, Binge 21 Eel Mount OiaMo Ease and MI described as follows Beg, iting at the Norlhwcal affect of said .Section 4: Thence is OV 33" Last nlongthe West true oPenid Northwest Qualls, a distance of 910.00111 theme South 89"4121" ace. a distance at 83.50 feet In the TRITE POINT OP BLGINNIN@ thetre South N9"4I'21Fall, a distance at 155 S4 fJ Thence Noah d"04'33" West, a definite of 207 77 feel m the nuenecdon sift the 90 olo-rly list state 15 foul wide Pac1Ee Dee h Electric Company saamncnl. recorded October IS. 1957 It Rook 3992. page 624, Rama County It sort thence ddtit h 72"31'57' East, along seed SO the'llY Lae, n defense of 142.1 feet lhnnm peelh 19"31',56" Weer, along the bomtdary I1' Ihn property dealad m Ila. Piry of Freshet. cu uied September 19. I A4 a Document IN, 'q 146319 wed Iccr Isen Oolnhr It, 1994, as IdocumrniNo 3415918/_ FIsecret Con If iv Laos Id,. IdisoPlot 0 11x9.1 teeC I [I ell -Le So uthI'i1 L-. 'Ina Said frooldri t. feelein [of radia fear, ILmmo No fit P"-1'sG t<asl along Nein [,,,in aalnry. a,Lalnear , air .111 reef Io the radical frith the Seat11 L"endary of l"r se No cosy collets' Hames Noreal . acted m all ani .li Pages W and in fe'If pIRII,elif as see Penney Reece N; thenen lence 22"il'S1"Enab adlabrm elallfilm Sof Test come[ of aalJ tram Noincli c h111 Sonlh ]2"29'26" L a1 Meng 125fin h P h brvundmy eI nit I I6tl1. Imnist i Creek 74n 71 N NV. 2 occpecaas III Volume In, El eealarms, Rcsno[Unary ReoaAs,aackfrdlof3rdi2 1,c( to fall ins page Wast id2ndawet"!laat Nn. Intl,vInceards Said lestgles No L,,beiled e.I w pages I)4111 F'.'rv.l I.R JNgan lyra tang these deluel area 1146 e Il ,n Rican,,SoarsNa elegant t,II gsaid Wosilml unaryanda.ntullnl umdlmPoint 2944',adists00'I P' 9fact,vingnte-0Iusof 4"!246 fee, tLmogL Sahel angle of , still ear a distance di of 153,99 tet, thence South RIT?,fell %1" I I I is allog scoot West salres, del rind C West bon a boundary rad of 224 yh her, � tiger nc -W119 anmtganf 6511 said boundary d 4" to Ilse Its a mdms of 65 39' l let,. IntLlog an n seewl anal. ed 1 dt 6d e,:, distaste of .. .eece SorJ3 tedolf olong, f,erd West bts nday c Nide. edistance aid e Snmhs�irde along a mngonl as vlung seed ll I heerRh and xmthvb8. s _ hhurc o(35g91UC t ti'. GhacuedaTyleof — . ceec 2 t 13 ten, Thence Soml1 tfst so Was, mons nal, weal bnuedivy n Ii5 J5' Fletl lin t III t 15 Scott '.)'2c'm" R +d Ill tq let:. I'rJ ]5' I I, da:,,It al olhin,2 sh, liyv I�� �o hi li I. Y cull' V. t E I ,k51cJ u „ ... III Steal nJid t dman..e Ill J J I'.i lit far Fc Nerl fire .. _ filtals I if F" - nId Jsulhc,i n JO 14 (l)d.m n_ disuses of186.19 lace. (4)dtwtcc South 33°14'18"Wait, a die lister of 59,81 feet, (5) Ihenm SOulhwen0ly along a Isnfruit INq coII todie N9ehwest, having atndiue of500 00 feet. lhruugh a tons angio of IV 15'44', nisonce of 108119 few, ptmnre South 52'5Pu2' Wet, a distance of 119 90 feet, (9) dorms. Sold 58°49'21" West, ad I hanct; of 3291 fear, (81 IItoo cc South 61' 32'4?' West, a doanceof7alor hot (9) lathe South 70"49'25" Wol, a distanceol' 185 E7 feet. 11 0) thence South 59"01 Wait a IIsmnoe of 18940 feel', (II) Call ice South 69'2(,'18" West, a filial ice of 206.48 fuw; (12) Iheuce South 53'98'"' WcsI, a dletanm of 80.38 1 w1', (I3) dmnon South $N2I 2W Wasp a distance of 10114 fit. (14) dealer North 89"42'53" Vor a distends of IN 09 few, (151 thence Non(, 893443"it a dntnnce of 395 )6 feel to Ihu Soulheusl cnuxr of II'd protocol dww Thad by the deed occurred July 22, 1906 to Book 5339, page 451, FI can, Couuly Rewrds: Nwmc North O"0426 Waft, for pllel with and dgINJ fel East of the Well line of so d Station 4, a dreamul if 2,11 97 her to a point 891_13 feel -anb orlile North Into if slid Southwest ituarter, tham e Nunh 0"14'31" Gast, e distance of f read ear h a taw to a poem Last of fee South not 4 Notllt littu WenmNom her, trochee West,'tal I V ,rJI and ]4W fell oil of Bald Non line, i criterion esti re.33981 Nap 1641 0 Nonhoa art t tt V ollllel " 1111tt .1)0 91110 Ea Taal (If laid Nell line a dui rind of 1641.02 feet to a tomer aT burs South U"n4'33" Haas a dlala1L( of 11106.e tat and Nor North Bid 1619h a eRU.UI feet hum th 1 N1 1111 1nm of sod SPGI10114 Ihuty NnrtL A"10'31" Gest. L Ir -i I :-1'i rAl 1 IF'49]19 FIN(J. 1� Page 9 of • • EXHIBIT B SITE MAP (Sea Alfacheo7 1]O7Hb1A;O32,OIIN ��) waw � � \\}\\ \\\\\ waw � �