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EIGHTH AMENDMENT TO THE
COPPER RIVER RANCH WATER SUPPLY IMPLEMENTATION AGREEMENT THIS EIGHTH AMENDMENT (Eighth Amendment) effective as of ____________, (the Effective Date), is between the CITY OF FRESNO, a California municipal corporation (City), and CRD East, Inc., a California corporation (Developer), individually, a “Party”, and jointly, the “Parties”, to further amend the Copper River Ranch Water Supply Implementation Agreement, dated November 17, 2016, as previously amended (the Agreement).
RECITALS
A. Developer, as the anticipated primary developer of the Copper River Ranch Project (the Project), entered into the Agreement to memorialize its obligations to provide adequate water supply for the Project, including: (1) expansion of PS 330; (2) construction of the required additional water supply wells (including PS 369, 370, and 371) and related facilities (including the Disposal Bypass Line); and (3) addressing the fair share development fee for the NESWTP contemplated by the FEIR Mitigation Measures for the Project.
B. Subject to Developer’s performance of its obligations under the Agreement, City agreed to provide the Project with 3,682 water EDUs (individually Project Water EDU and collectively the EDU Allowance) at no additional cost, which included all classes and types of metered connections made to the public water supply system in the Project, including anticipated resident, commercial, irrigation, industrial, and institutional water connections.
C. Development within the Project area shall be conditioned upon either (i) the payment of the City’s then-current water capacity charge or fee or (ii) water well requirements as determined by the City (collectively, the Water Conditions). The Water Conditions for future development shall also provide that the developer may present Project Water EDUs in lieu of fee payment or well construction prior to issuance of Certificates of Occupancy.
D. Project Water EDUs may only be utilized in the original Project Area (defined as the area analyzed and set forth in the 2003 FEIR, which encompasses the Draft EIR, all appendices, and all written responses to comments), and may not be utilized outside of said “original” Project Area including any area added to the Project Area after 2003, as affirmed in Section 3(b) of the Seventh Amendment to the Agreement.
E. The original Project Area analyzed and described in the 2003 FEIR is set forth in Figure 1-3, clearly demarcating areas that are not a part of the project, and further specifically lists the assessor’s parcel numbers that are included in the Project Area within the project description.
F. On December 9, 2021, the City certified a Subsequent Final EIR (encompassing the Draft EIR, all appendices, all responses to comments, and all revisions) for the Copper River Ranch Project analyzing certain land use changes and an addition of 109 acres to the Project Area, set forth more particularly in Figure 2-3 of the Docusign Envelope ID: 2585F7F2-C4E2-85FB-836E-D1F8E2C9BD86 2 744626v1
Draft EIR. The 2021 SEIR concluded that there was insufficient water supply to include the additional 109 acres in the area permitted to use Project Water EDUs and required payment of the City’s Water Capacity Fee for those acres in Mitigation Measure HYD-2B.
G. Subsequent to certification of the 2021 SEIR, development in the Copper River Ranch Project Area has resulted in a demand for water supply below that contemplated by the 2021 SEIR.
H. An Addendum to the 2021 SEIR has been prepared to update the water supply analysis through a Water Supply Memorandum dated August 31, 2026, which establishes that demand for water supply of the entire Copper River Ranch Project Area, inclusive of the additional 109 acres can be accommodated with Project Water EDUs. The Addendum further revises MM HYD-2B to allow either payment of the Water Capacity Fee, or use of Project Water EDUs for the additional 109 acres.
I. As of September 4, 2026, the Parties agree that exclusion of the additional 109 acres in the expanded area from eligibility for Project Water EDUs is no longer necessary and the Project Area shall be expanded to include such parcels into a “New Project Area” set forth more particularly in Exhibit A to this Amendment.
J. Following good faith discussions, the Parties have agreed to certain amendments to the Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree:
1. Recitals. The foregoing Recitals are incorporated by reference into this Eighth Amendment.
2. Project Water EDUs. The Parties agree that the 109 acres of additional land included in the Project Area and analyzed by the 2021 Subsequent EIR are eligible to use Project Water EDUs, and may present Project Water EDUs in lieu of fee payment or well construction prior to issuance of Certificates of Occupancy provided such presentation of Project Water EDUs is consistent with the procedures set forth in Section 11(b)(i) of the Agreement.
3. Acknowledgment. Except as expressly changed by this Eighth Amendment, the Agreement as previously amended remains in full force and effect and is ratified and affirmed by the Parties.
4. Counterparts. This Eighth Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed all original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart.
5. Exhibits. There is one (1) Exhibit to this Eighth Amendment [Signatures appear on the next page.]
Docusign Envelope ID: 2585F7F2-C4E2-85FB-836E-D1F8E2C9BD86 3 744626v1
IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By: _____________________
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: _____________________
Talia Kolluri Date
Assistant City Attorney
ATTEST:
AMY K. ALLER
City Clerk
By: __ __________________
Deputy Date
CRD East, Inc.
By:_____________________________
Name: Gary McDonald _____________
Title: Chairman of the Board _________
(If corporation or LLC., President, Vice
President, or Board Chair)
Docusign Envelope ID: 2585F7F2-C4E2-85FB-836E-D1F8E2C9BD86 9/14/2026
Exhibit A
Docusign Envelope ID: 2585F7F2-C4E2-85FB-836E-D1F8E2C9BD86
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ST
RT
PARCELS WITHIN THE ORIGINAL COPPER RIVER RANCH
WATER IMPLEMENTATION AGREEMENT - EDU ELIGIBILITY PROPERTIES PLANNED TO BE ELIGIBLE FOR WATER EDUs AND ADDED TO THE COPPERRIVER RANCH PROJECT AREA ;$:C+"$T :$ T REVISED: 08-19-2026 Docusign Envelope ID: 2585F7F2-C4E2-85FB-836E-D1F8E2C9BD86