Sanger City Council
June 27, 2025

RESOLUTION NO. 2025-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER

APPROVING THE FINAL MAP, SUBDIVISION AGREEMENT,

IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT AND
COVENANTS FOR TRACT NO. 6431 AND AGREEMENT FOR

COMMON USE OF EASEMENTS WITH CONSOLIDATED

IRRIGATION DISTRICT

WHEREAS, at various meetings on May 4 and 18, 2023 and August 3 and 17, 2023, the Sanger Planning Commission and City Council adopted various resolutions approving Tentative Tract Map No. 6431 (“Tentative Map”), a CEQA Mitigated Negative Declaration, Conditional Use Permit No . 2023-01, Zoning Ordinance Amendments No. 2023 -01 & 2023-02, and Annexation No. 23-04 to the Fresno Local Agency Formation Commission (LAFCo), respectively; and

WHEREAS, these approvals authorized the development of a proposed 490-lot single- family residential subdivision near the southeast corner of North and Bethel Avenues, subject to the conditions of approval (“Conditions”) included within Planning Commission Resolution No. 2023-05; and

WHEREAS, SJV Horizontal, LLC, a Delaware limited liability company , subsequently acquired the subject property and is currently the owner of the property proposed for subdivision (“Developer”); and

WHEREAS, the Developer filed for, and was granted by the City of Sanger (“City”) Planning Commission under Planning Commission Resolution No. 2023-05, Conditional Use Permit No. 2023-01, allowing a Planned Unit Development under Sections 90- 1014 through 90- 1017 of the Sanger Municipal Code to allow lot areas and widths less than the minimums typically allowed in the R-1-6 and RM-2.5 Zone Districts; and

WHEREAS, the Developer filed a Final Map for Tract 6431, consisting of 147 single family residential lots, two outlots and an unsubdivided remainder for future subdivision purposes, in accordance with Section 62-91 of the Sanger Municipal Code; and

WHEREAS, the Final Map and Improvement Plans have been deemed technically correct by the City Engineer; and

WHEREAS, the Conditions for the project require certain improvements, covenants and annexations prior to the approval of the Final Map, and certain of said improvements are eligible for fee credits and reimbursements under Sanger Municipal Code Chapter 50, Article II, “Developmental Impact Fees”; and

276
01236.0105/831126.1

WHEREAS, City and Developer wish to enter into a Subdivision Agreement in accordance with Sanger City Code Section 62- 177, as well as a Credit/Reimbursement Agreement in accordance with Sanger City Code Section 50-29; and

WHEREAS, Developer has submitted to City executed copies of the following covenants which are necessary to satisfy the Conditions for the Project:

1. Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6431;

2. Covenant Regarding Land Development for the Final Map of Tract No 6431 “Sanger Landscape and Lighting District No. 2”;

3. Covenant Regarding Land Development for the Final Map of Tract No 6431 “Community Facilities District No. 2005-01”;

WHEREAS, the Conditions for the project require the replacement and relocation of an existing private irrigation pipeline along North Avenue, known as the Winery Lateral Pipeline; and

WHEREAS, Consolidated Irrigation District (“CID”) has required the dedication of a pipeline easement by Developer for the continued rights of access, maintenance and operation of this pipeline and said easement has been dedicated by the Developer and is reflected on the Final Map; and

WHEREAS, City desires to have certain pedestrian and landscape improvements constructed within this pipeline easement adjacent to North Avenue for use by the public and have rights to said improvements provided for through l andscape and p edestrian easements in favor of the City; and

WHEREAS, the overlap of the pipeline easement and pedestrian and landscape easements as shown on the Final Map necessitate an Agreement for Common Use of Easements between City and CID; and

WHEREAS, the City Engineer has reviewed all provided documentation and recommends approval by the Sanger City Council.

NOW, THEREFORE, the City Council of the City of Sanger does resolve as follows:

1. The foregoing recitals are true and correct and are incorporated by reference.

2. The Final Map for Tract No. 6431, attached hereto as Exhibit “A” to this Resolution, is approved.

3. The Subdivision Agreement for Final Map of Tract No. 6431, attached hereto as Exhibit “B” to this Resolution, is approved.

277
01236.0105/831126.1

4. The Improvement and Credit/Reimbursement Agreement, Tract No. 6431, attached hereto as Exhibit “C” to this Resolution, is approved.

5. The Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6431, attached hereto as Exhibit “D ” to this Resolution, is approved.

6. The Covenant Regarding Land Development for the Final Map of Tract No 6431 “Sanger Landscape and Lighting District No. 2, attached hereto as Exhibit “E” to this Resolution, is approved.

7. The Covenant Regarding Land Development for the Final Map of Tract No 6431 “Community Facilities District No. 2005-01, attached hereto as Exhibit “F” to this Resolution, is approved.

8. The Agreement for Common Use of Easements between CID and City, attached hereto as Exhibit “G” to this Resolution, is approved.

9. City Staff are authorized to execute the Final Map as described thereon, and the City Manager is authorized to sign all Agreements and Covenants on behalf of the City.

10. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or the documents approved by this resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this resolution or any part thereof. The City Council hereby declares that it would have adopted each provision and each document approved irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases or documents are declared unconstitutional, invalid, or ineffective.

11. This resolution is effective upon adoption.

* * * * * * * * * * * * * * * *

278
01236.0105/831126.1

The foregoing resolution was considered by the City Council of the City of Sanger at a regular meeting of said Council held on the 27 th day of June, 2025, and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Lina Martinez, Executive Assistant

279
01236.0105/831126.1

EXHIBIT A
Fi
nal Map for Tract No. 6431
280
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SHEET 1 OF 5
TTM NO. 6431
NORTH

VICINITY MAP

NO SCALE

DIRECTOR OF DEVELOPMENT SERVICES

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENT

OWNER'S STATEMENT

STATE OF CALIFORNIA/COUNTY OF FRESNO

SIGNATURE
MY COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS: COUNTY ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC

PRINT NAME
COMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME

ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SAN JOAQUIN VALLEY HOMES ON APRIL 27, 2023 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE

CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE

RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

CLINTON J. CAUDLE P.L.S. 9849 DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT AND ANY

LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

JOSHUA D. ROGERS, RCE 66898, CITY ENGINEER DATE
I, DAVID C. HORN, CITY SURVEYOR OF THE CITY OF SANGER, HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

DAVID C. HORN, PLS 8204, CITY SURVEYOR DATE

I, REBECA PADRON, DO HEREBY CERTIFY THAT THE COUNCIL OF THE CITY OF SANGER, BY RESOLUTION

ADOPTED ON , APPROVED THE WITHIN MAP AND ACCEPTED, SUBJECT TO

IMPROVEMENT, ON BEHALF OF THE PUBLIC, ANY REAL PROPERTY AND EASEMENTS OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION.

REBECA PADRON, CITY CLERK

I, DEREK SYLVESTER, HEREBY CERTIFY THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE MAP AS CONDITIONALLY APPROVED BY THE CITY COUNCIL ON MARCH 23, 2023

DEREK SYLVESTER DATE

DIRECTOR OF DEVELOPMENT SERVICES
DOCUMENT NO. FEE PAID FILED THIS DAY OF , 20_____ , AT M.,

IN VOLUME OF PLATS, AT PAGES

FRESNO COUNTY RECORDS, AT THE REQUEST OF CHICAGO TITLE COMPANY PAUL A. DICTOS, CPA, FRESNO COUNTY ASSESSOR/CLERK-RECORDER BY:

DEPUTY
TRACT NO. 6431

THIS PROPERTY IS SUBJECT TO THE FOLLOWING

1. MINERAL RIGHTS RESERVED BY SOUTHERN PACIFIC RAILROAD COMPANY OF CALIFORNIA BY PATENT RECORDED 3/4/1881IN BOOK H, PAGE 246, OF PATENTS

2. A SUBDIVISION AGREEMENT FOR THE FINAL MAP OF TRACT NO. 6431 RECORDED __________________, 20______ AS DOC. NO. 20___________-_____________, OFFICIAL RECORDS FRESNO COUNTY.

3. STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT ACKNOWLEDGING RIGHT TO FARM LAW FOR THE FINAL MAP OF TRACT NO. 6431 RECORDED__________________, 20______ AS DOC. NO. 20___________-_____________, OFFICIAL RECORDS FRESNO COUNTY.

4. COVENANT REGARDING LAND DEVELOPMENT FOR THE FINAL MAP OF TRACT NO. 6431 "SANGER LANDSCAPE AND LIGHTING DISTRICT NO. 2" RECORDED __________________, 20______ AS DOC. NO. 20___________-_____________, OFFICIAL RECORDS FRESNO COUNTY.

5. COVENANT REGARDING LAND DEVELOPMENT FOR THE FINAL MAP OF TRACT NO. 6431 "COMMUNITY FACILITIES DISTRICT NO. 2005-01" RECORDED __________________, 20______ AS DOC. NO. 20___________-_____________, OFFICIAL RECORDS FRESNO COUNTY.

6. AN AGREEMENT FOR "COMMON USE OF EASEMENTS" RECORDED __________________, 20______ AS DOC. NO. 20___________-_____________, OFFICIAL RECORDS FRESNO COUNTY.

7. IRRIGATION SYSTEM OPERATING AGREEMENT RECORDED NOVEMBER 21, 1942 IN BOOK 2068, PAGE 436, O.R.F.C.

CITY OF

SANGER, CA

NOTARY ACKNOWLEDGEMENT

CITY OF SANGER

FRESNO COUNTY

NORTH AVENUE

BETHEL AVENUE

GREENWOOD AVENUE

INDIANOLA AVENUE

SUBJECT

PROPERTY
PREPARED BY:

SOIL REPORT NOTICE

I HEREBY CERTIFY THAT A SOILS REPORT WAS PREPARED BY ME IN CONFORMANCE WITH THE PROVISIONS OF STATE AND LOCAL STATUTES. THESE PLANS CONFORM TO THE GEOTECHNICAL REPORT DATED MARCH 14, 2022 AS PREPARED UNDER MY SUPERVISION, AND ON FILE WITH KRAZAN AND ASSOCIATES, INC.. WE MAKE NO REPRESENTATION AS TO THE ACCURACY OF DIMENSIONS, MEASUREMENTS, CALCULATIONS, OR ANY PORTION OF THE DESIGN.

LEGAL DESCRIPTION

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD

TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE

SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.

THE REAL PROPERTY DESCRIBED BELOW ARE DEDICATED IN FEE TO THE CITY OF SANGER FOR PUBLIC PURPOSES:

1. LOT A IN FEE TO THE CITY OF SANGER FOR LANDSCAPING, PUBLIC UTILITIES, SIDEWALKS,

AND OTHER PUBLIC PURPOSES

2. LOT B IN FEE TO THE CITY OF SANGER FOR STORM DRAINAGE PURPOSES

THE REAL PROPERTY DESCRIBED BELOW ARE DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES:

1. RIGHTS OF WAY FOR NORTH AVENUE, HEIDI AVENUE, CATHERINE AVENUE, LIME AVENUE,

HUNTER AVENUE, BREHLER AVENUE, POST AVENUE, DIAMOND AVENUE, LANGPORT AVENUE,

BETHEL AVENUE, TAUNTON AVENUE, ASHCOTT AVENUE, WESTON AVENUE, AND MUSCAT

AVENUE TO THE CITY OF SANGER

2. EASEMENT FOR LANDSCAPE, PEDESTRIAN ACCESS, AS SHOWN HEREON AND DESIGNATED AS "LANDSCAPE AND PEDESTRIAN EASEMENT"

3. PUBLIC UTILITY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND

CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY

AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)

4. TEMPORARY TURNAROUND EASEMENT FOR VEHICULAR ACCESS SHOWN HEREON AS

TURNAROUND EASEMENT
DAVID R. JAROSZ ,II RCE# 60185 MANAGING ENGINEER RGE# 2698

SJV HORIZONTAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: SJV HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IT'S

SOLE MEMBER
BY: SJV INTERMEDIATE HOLDINGS FINCO, LLC, A DELAWARE

LIMITED LIABILITY COMPANY, IT'S SOLE MEMBER
BY: SJV HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY

COMPANY, IT'S SOLE MEMBER
BY: JOSEPH A. LEAL

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF "ADJUSTED PARCEL B" OF THAT CERTAIN GRANT DEED RECORDED JANUARY 25, 2024, AS INSTRUMENT NO. 2024-0006740 OF OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER CORNER OF SAID SECTION 27:

THENCE NORTH 89° 54' 07" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 741.63 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 0° 05' 53” EAST, 48.00 FEET; THENCE SOUTH 89° 54' 07” EAST, 12.00 FEET; THENCE NORTH 0° 05' 53” EAST, 183.00 FEET; THENCE NORTH 89° 54' 07” WEST, 7.90 FEET; THENCE NORTH 0° 05' 53” EAST, 185.98 FEET; THENCE SOUTH 89° 54' 15” EAST, 12.23 FEET; THENCE NORTH 0° 05' 53” EAST, 298.02 FEET; THENCE NORTH 89° 54' 07” WEST, 12.18 FEET; THENCE NORTH 0° 05' 53” EAST, 93.00 FEET; THENCE NORTH 89° 54' 07” WEST, 134.46 FEET; THENCE NORTH 0° 05' 53” EAST, 172.00 FEET; THENCE SOUTH 89° 54' 07” EAST, 12.45 FEET; THENCE NORTH 0° 11' 13” EAST, 344.35 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 57' 03” WEST, ALONG SAID NORTH LINE, 422.18 FEET TO THE WEST LINE OF EAST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 0° 18' 38” EAST, ALONG SAID WEST LINE, 164.60 FEET; THENCE NORTH 89° 37' 39” WEST, 316.40 FEET; THENCE SOUTH 0° 22' 21” WEST, 98.00 FEET; THENCE SOUTH 44° 37' 39” EAST, 14.14 FEET; THENCE SOUTH 0° 22' 21” WEST, 56.00 FEET; THENCE SOUTH 45° 22' 21” WEST, 14.14 FEET; THENCE NORTH 89° 37' 39” WEST, 56.00 FEET; THENCE NORTH 44° 37' 39” WEST, 14.14 FEET; THENCE NORTH 89° 37' 39” WEST, 98.00 FEET; THENCE SOUTH 0° 22' 21” WEST, 153.04 FEET; THENCE SOUTH 4° 05' 41” EAST, 53.72 FEET; THENCE SOUTH 10° 15' 51” EAST, 64.85 FEET; THENCE SOUTH 12° 50' 15” EAST, 64.85 FEET; THENCE SOUTH 15° 24' 40” EAST, 64.85 FEET; THENCE SOUTH 17° 59' 04” EAST, 64.85 FEET; THENCE SOUTH 20° 33' 28” EAST, 64.85 FEET; THENCE SOUTH 23° 07' 52” EAST, 64.85 FEET; THENCE SOUTH 25° 42' 16” EAST, 64.85 FEET; THENCE SOUTH 26° 39' 22” EAST, 65.30 FEET; THENCE SOUTH 63° 10' 10” WEST, 106.92 FEET; THENCE SOUTHEASTERLY 119.37 FEET ALONG A NON-TANGENT CURVE, CONCAVE TO THE WEST, WITH A RADIUS OF 1148.00 FEET, A CENTRAL ANGLE OF 5° 57' 27, AND A BEGINNING RADIAL WHICH BEARS NORTH 63° 10' 10” EAST; THENCE NORTH 69° 07' 37” EAST, 95.00 FEET; THENCE SOUTH 20° 02' 58” EAST, 35.73 FEET; THENCE SOUTH 18° 24' 09” EAST, 35.73 FEET; THENCE SOUTH 16° 45' 20” EAST, 35.73 FEET; THENCE SOUTH 15° 06' 30” EAST, 35.73 FEET; THENCE SOUTH 13° 27' 41” EAST, 35.73 FEET; THENCE SOUTH 11° 48' 51” EAST, 35.73 FEET; THENCE SOUTH 10° 10' 02” EAST, 35.73 FEET; THENCE SOUTH 8° 31' 12” EAST, 35.73 FEET; THENCE SOUTH 6° 52' 23” EAST, 35.73 FEET; THENCE SOUTH 5° 13' 34” EAST, 35.73 FEET; THENCE SOUTH 3° 34' 44” EAST,

35.73 FEET; THENCE SOUTH 1° 53' 09” EAST, 37.73 FEET; THENCE SOUTH 0° 05' 53” WEST, 88.00 FEET TO SAID SOUTH LINE; THENCE SOUTH 89° 54' 07” EAST, ALONG SAID SOUTH LINE, 743.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH, "ADJUSTED PARCEL "A" OF THAT CERTAIN GRANT DEED RECORDED JANUARY 25, 2024, AS INSTRUMENT NO. 2024-0006740 OF OFFICIAL RECORDS, LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 14 SOUTH, RANGE 22 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF SANGER, COUNTY OF FRESNO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM, THAT PORTION DEED TO THE CITY OF SANGER IN GRANT DEED RECORDED DECEMBER 27, 2024 AS DOCUMENT NO. 2024-0119297 OF OFFICIAL RECORDS.

THIS LEGAL DESCRIPTION MADE PURSUANT TO ADJUSTED PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 2025-01 RECORDED APRIL 30, 2025 AS DOCUMENT NO. 2025-0042024 OF OFFICIAL RECORDS. 281
(178.82')
178.82' 1306.04' (1306.04')
Δ=5°57'27" R=1,148.00' L=119.37'
(Δ=5°57'27" R=1,148.00' L=119.37')
1325.09'
1325.09'1322.89'
1300.33'
N0° 05' 53"E 88.00' (N0° 05' 53"E 88.00')

RADIALS TABLE
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R13
R14
R15
R16
R17
R18
R19
R20
R21
R22
R23
R24
R25
R26
R27
R28
R29
R30

BEARING
S0° 22' 21"W
S17° 12' 27"W
S29° 28' 58"W
S61° 15' 44"W
S61° 33' 44"W
S89° 37' 39"E
N90° 00' 00"W
N73° 49' 38"W
N66° 35' 33"W
S84° 32' 34"E
S89° 37' 39"E
S66° 37' 47"E
S89° 37' 39"E
S0° 02' 57"W
N23° 04' 02"E
N28° 24' 24"E
S82° 49' 37"E
N61° 41' 29"E
S65° 35' 42"W
S89° 57' 03"E
N89° 02' 10"E
N80° 05' 52"E
S89° 37' 39"E
N80° 53' 59"E
N77° 02' 07"E
N89° 53' 24"E
S88° 53' 30"W
S4° 23' 19"W
N8° 58' 50"W
S0° 02' 57"W

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
C37
C38
C39
C40
DELTA
29°06'37"
16°50'06"
12°16'31"
148°13'15"
49°01'23"
42°43'47"
56°28'05"
29°06'37"
0°18'01"
28°48'37"
23°24'27"
16°10'22"
7°14'04"
23°02'06"
17°57'01"
5°05'05"
23°22'13"
22°59'53"
28°21'27"
23°01'05"
5°20'23"
146°42'55"
34°09'31"
38°32'15"
38°32'15"
35°28'54"
28°21'27"
3°54'13"
24°27'14"
11°40'26"
11°17'19"
4°20'22"
13°21'57"
9°01'47"
4°20'09"
13°21'57"
13°21'57"
8°08'12"
3°51'51"
0°48'07"
LENGTH

22.86'

13.22'

9.64'
129.35'

42.78'

37.29'

49.28'

22.86'

0.24'

22.63'
117.66'

81.29'

36.36'

34.17'

26.63'

7.54'
101.97'
100.35'

24.75'

20.09'

4.66'
128.03'

29.81'

33.63'

33.63'

30.96'

24.75'

3.41'

21.34'

20.37'

19.70'

7.57'

40.12'

27.11'

13.02'

46.66'

53.19'

74.98'
109.80'

22.78'
RADIUS

45.00'

45.00'

45.00'

50.00'

50.00'

50.00'

50.00'

45.00'

45.00'

45.00'
288.00'
288.00'
288.00'

85.00'

85.00'

85.00'
250.00'
250.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'

50.00'
100.00'
100.00'
100.00'
172.00'
172.00'
172.00'
200.00'
228.00'
528.00'
1,628.00'
1,628.00'

CURVE TABLE
CURVE #
C41
C42
C43
C44
C45
C46
C47
C48
C49
C50
C51
C52
C53
C54
C55
C56
C57
C58
C59
C60
C61
C62
C63
C64
C65
C66
C67
C68
C69
C70
C71
C72
C73
C74
C75
C76
C77
C78
C79
DELTA
3°03'45"
9°28'22"
9°28'22"
8°12'06"
1°16'17"
19°12'07"
2°27'02"
2°34'24"
2°34'24"
2°34'24"
2°34'24"
2°34'24"
2°34'24"
1°18'40"
28°11'32"
1°28'18"
5°57'27"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
1°38'49"
0°59'54"
19°12'07"
5°13'08"
13°58'59"
12°39'45"
28°24'01"
22°34'53"
9°35'27"
6°08'00"
2°08'14"
LENGTH

87.02'

82.67'

74.73'

64.70'

10.03'
520.13'

66.38'

69.71'

69.71'

69.71'

69.71'

69.71'

69.71'

35.52'
564.87'

29.49'
119.37'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

33.00'

20.00'
536.22'
145.74'
390.48'
359.79'
545.25'
422.50'

15.07'

11.78'

39.73'
RADIUS
1,628.00'
500.00'
452.00'
452.00'
452.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,552.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,148.00'
1,600.00'
1,600.00'
1,600.00'
1,628.00'
1,100.00'
1,072.00'

90.00'
110.00'
1,065.00'
1303.18'1303.18'
651.59' (651.59')
N0° 26' 04"E 2,645.77' (N0° 26' 04"E 2,645.77') [N0° 25' 35"E 2,645.77'] (N90° 00' 00"E 2,600.66')
N89° 57' 03"W 2606.37' (N89° 57' 03"W 2,606.37')
N0° 22' 21"E 1,323.43' (N0° 22' 21"E 1,323.43')
1322.89' (1322.89')
1127.22' (1127.22')
N89° 54' 07"W 2,612.08' (N89° 54' 07"W 2,612.08') [N89° 54' 36"W 2,612.08'] N0° 18' 38"E 1323.98' (N0° 18' 38"E 1323.98')
1159.39' (1159.39')
650.17' (650.17')
650.16'
164.60'
(N89° 37' 39"W 316.40')
N89° 37' 39"W 316.40'

20.0'

30.0'
N1/4 CORNER SECT. 27-14/22

FOUND BRASS DISC FLUSH IN
PAVEMENT, TAGGED LS 7923
PER CORNER RECORD DOC. NO. 08920
NORTHWEST CORNER SECT. 27-14/22
FOUND FOUR 3-FOOT OFFSET TIES,

CORNER LIES WITHIN SEWER MANHOLE
W1/4 CORNER SECT. 27-14/22
FOUND 3/4IN IRON PIPE, DOWN
8IN, TAG ILLEGIBLE
FIT COUNTY TIE RECORD NO. 800
CENTER CORNER SECT. 27-14/22
FOUND 3/4IN IRON PIPE, TAG ILLEGIBLE
FIT COUNTY TIE RECORD NO. 3540
N. LINE OF THE S1/2 OF THE
NW1/4 OF SECT. 27-14/22
W. LINE OF THE E1/2 OF THE NW1/4
OF THE NW1/4 OF SECT. 27-14/22
E. LINE OF THE NW1/4 OF
THE NW1/4 OF SECT. 27-14/22

BETHEL AVENUE

NORTH AVENUE

MUSCAT AVENUE (ALIGNMENT)

GREENWOOD AVENUE
250' 250'
SHEET 2 OF 5

20.0'

70.0'

70.0'
EXIST. CITY LIMIT
BK. 7623, PG. 589 O.R.F.C.

BK. 7862, PG. 778 O.R.F.C.

BASIS OF BEARINGS

IN THE CITY OF SANGER
LOCATED IN THE NW1/4 OF SECTION 27, TOWNSHIP 14 SOUTH,
RANGE 22 EAST, MDB&M, IN THE CITY OF SANGER, COUNTY OF

FRESNO, STATE OF CALIFORNIA
TRACT NO. 6431

BASIS OF BEARINGS

THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 27, T. 14 S., R. 22 E. MDB&M, PER
LOT LINE ADJUSTMENT NO. 2023-04, RECORDED
JANUARY 25, 2024 AS INSTRUMENT NO. 2024-0006740
O.R.F.C.

TAKEN AS N90° 00' 00"E
BK 29 OF PLATS PG 85 FCR VOL 28 OF PLATS PG 54 FCR

40.0'

40.0'
GRANT DEED DOC. NO.2021-0150876, O.R.F.C.

GRANT DEED DOC. NO. 2010-0127656, O.R.F.C.

CONSOLIDATED

IRRIGATION DISTRICT

PER TRACT MAP
NO. 2506

PER TRACT MAP
NO. 2685
1/8/1900
BK.219/PG.138
(N0° 22' 21"E 98.00')
N0° 22' 21"E 98.00'
(N0° 22' 21"E 56.00')
N0° 22' 21"E 56.00'
(N45° 22' 21"E 14.14')
N45° 22' 21"E 14.14'
(N44° 37' 39"E 14.14')
N44° 37' 39"E 14.14'
N89° 37' 39"W 56.00' (N89° 37' 39"W 56.00')
N44° 37' 39"E 14.14' (N44° 37' 39"E 14.14')
N89° 37' 39"W 98.00' (N89° 37' 39"W 98.00')
N0° 22' 21"E 153.04' (N0° 22' 21"E 153.04')
N4° 05' 41"W 53.72' (N4° 05' 41"W 53.72')
N10° 15' 51"W 64.85' (N10° 15' 51"W 64.85')
N12° 50' 15"W 64.85' (N12° 50' 15"W 64.85')
N15° 24' 40"W 64.85' (N15° 24' 40"W 64.85')
N17° 59' 04"W 64.85' (N17° 59' 04"W 64.85')
N20° 33' 28"W 64.85' (N20° 33' 28"W 64.85')
N23° 07' 52"W 64.85' (N23° 07' 52"W 64.85')
N25° 42' 16"W 64.85' (N25° 42' 16"W 64.85')
N26° 39' 22"W 65.30' (N26° 39' 22"W 65.30')
N63° 10' 10"E(R) 106.92' (N63° 10' 10"E(R) 106.92')
N69° 07' 37"E(R) 95.00' (N69° 07' 37"W(R) 95.00')
N20° 02' 58"W 35.73' (N20° 02' 58"W 35.73')
N18° 24' 09"W 35.73' (N18° 24' 09"W 35.73')
N16° 45' 20"W 35.73' (N16° 45' 20"W 35.73')
N15° 06' 30"W 35.73' (N15° 06' 30"W 35.73')
N13° 27' 41"W 35.73' (N13° 29' 41"W 35.73')
N11° 48' 51"W 35.73' (N11° 48' 51"W 35.73')
N10° 10' 02"W 35.73' (N10° 10' 02"W 35.73')
N8° 31' 12"W 35.73' (N8° 31' 12"W 35.73')
N6° 52' 23"W 35.73' (N6° 52' 23"W 35.73')
N5° 13' 34"W 35.73' (N5° 13' 34"W 35.73')
N3° 34' 44"W 35.73' (N3° 34' 44"W 35.73')
N1° 53' 09"W 37.73' (N1° 53' 09"W 37.73')
50'
N0° 11' 13"E 2650.18' <N0° 10' 44"E 2650.20'> (N0° 11' 13"E 2650.18') [N0° 10' 44"E 2650.18'] 520.16'

22.87'

40.13'
564.86'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
22'
[N89° 58' 31"E 2,600.66']
GRANT DEED DOC. NO.
2016-0091868, O.R.F.C.

GRANT DEED DOC. NO.
2016-0091869, O.R.F.C.
1/8/1900
BK.219/PG.127
29°06'38"
117.65'23°24'26"
13°21'56"
19°12'06"
9°28'23"
28°11'27"
TRACT NO. 5826
BK 92 PLATS, PGS. 74-78, FCR
TRACT MAP NO. 2685 TRACT MAP NO. 2506
LEGEND
O.R.F.C.

FOUND MONUMENT AS DESCRIBED

OFFICIAL RECORDS FRESNO COUNTY

GRANT DEED

FRESNO COUNTY RECORDS

SHADED LINE INDICATES SUBDIVISION BOUNDARY
RECORDED DATA TRACT 5179,REC. IN BOOK 71 OF
PLATS, AT PAGES 41-43, FCR< >

FOUND MONUMENT AS DESCRIBED
RECORD DATA PER TRACT NO. 5826, REC. IN BOOK
92 OF PLATS, AT PAGES 74-78, FCR
RECORD DATA PER LOT LINE ADJUSTMENT NO.

REC. 01/25/2024, AS DOC. NO. 2023-0006740, O.R.F.C.

EXISTING PARCEL LINES

STREET CENTERLINE

LOT LINE PER THIS MAP

SECTION LINE
( )
[ ]
G.D.

G.D. NO. 2024-0119297, O.R.F.C.

FCR
TRACT NO. 6327
BK 93 PLATS, PGS. 66-70, FCR
SCALE: 1"=250'

FUTURE RIGHT OF WAY
N0° 05' 53"E 88.00' (N0° 05' 53"E 88.00')
GRANT DEED DOC. NO.
2012-0054135, O.R.F.C.

N90° 00' 00"E 2,600.66'
282
N0° 22' 21"E 611.47'
155.20'
N89° 37' 39"W 343.37' N89° 37' 39"W 343.67' N89° 37' 39"W 343.96' N89° 37' 39"W 344.26' N0° 22' 21"E 1133.99'
276.00' 276.00' 272.00' 272.00'
292.00'N89° 37' 39"W 330.00'
667.47'428.53'
N12° 49' 52"W 133.43'
N58° 44' 16"W 98.05'
N0° 22' 21"E 139.82'
N0° 22' 21"E 137.51'
N89° 37' 39"W 114.47'
N89° 37' 39"W 111.67'
N89° 37' 39"W 216.00'
334.31'

56.00'60.00'60.00'60.00'60.00'38.31'
200.00'
100.00' 100.00'
110.00'110.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'

52.47' 60.00' 60.00' 60.00' 60.00' 60.00' 56.00'
196.00'

98.00'

98.00' 98.00'

98.00'
196.00'

66.00'60.00'60.00'60.00'60.00'60.00'N4° 11' 12"E

60.13'

63.68'

86.13' 109.64'

40.16'
N0° 22' 21"E 566.76'
N89° 37' 39"W 292.00'
196.00'

98.00' 98.00' 98.00'
200.00'
100.00' 100.00'
591.47'

55.47'60.00'60.00'60.00'60.00'60.00'60.00'60.00'60.00'56.00'

56.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00'60.00' 55.47'

98.00'

98.00'
196.00'

65.47'60.00'60.00'60.00'60.00'60.00'60.00'60.00'60.00'66.00' 108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
108.00'
287.12'

46.97'

60.00'

60.00'

60.00'

60.15'60.00'

60.00'

60.00'

60.00'

60.00'

80.69'

44.32'
132.44'
N0° 22' 21"E 140.21'
N0° 22' 21"E 140.60'
N0° 22' 21"E 140.99'
N0° 22' 21"E 220.00' N0° 22' 21"E 220.00' N89° 37' 39"W 321.52'
N0° 22' 21"E 216.00'
N89° 37' 39"W 322.11'
N89° 37' 39"W 316.40' (N89° 37' 39"W 316.40')
N0° 22' 21"E 108.00'
N0° 22' 21"E 108.00'
N0° 22' 21"E 108.00'
N0° 22' 21"E 108.00'
N89° 37' 39"W 321.81'
N0° 18' 38"E 1323.98' (N0° 18' 38"E 1323.98')
N0° 22' 21"E 1,323.43' (N0° 22' 21"E 1,323.43')

68.29'

60.00'

60.00'

60.00'

58.00'
306.29'306.23'

58.00'

60.00'

60.00'

60.00'

68.23'68.11'

60.00'

60.00'

60.00'

68.00'
108.00'108.00'
108.00'108.00'
108.00'108.00'
108.00'108.00'
108.00'108.00' 28.00'28.00'28.00'28.00'28.00'28.00'28.00'28.00' 164.59' (164.60')108.00'110.00'110.00'110.00'110.00'141.39'30.00'

67.40'

60.00'

60.00'

60.00'

58.00' 58.00'

60.00'

60.00'

60.00'

67.64' 67.70'

60.00'

60.00'

60.00'

58.00'68.00'

60.00'

60.00'

60.00'

67.52' 67.99'

60.00'

60.00'

60.00'

58.00'58.00'

60.00'

60.00'

60.00'

67.93'

68.00'

60.00'

60.00'

60.00'

68.40'
N0° 22' 21"E 216.00'
N0° 22' 21"E 216.00'
N0° 22' 21"E 216.00'
N0° 22' 21"E 220.00'
N0° 22' 21"E 220.00'
N0° 22' 21"E 220.00'

67.81'

60.00'

60.00'

60.00'

68.00'
110.00'110.00'
110.00'110.00'
110.00'110.00'
110.00'110.00'
110.00'110.00'
110.00'110.00'
110.00'110.00'
N0° 22' 21"E 220.00'
N0° 22' 21"E 220.00'
N0° 22' 21"E 220.00'
N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'
N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00'N89° 37' 39"W 216.00' 397.07' 667.47'

28.00'28.00'

28.00'

28.00'
196.00'

55.54'
28'
28'
28'
28'
28'
28'
557.45'
650.17' (650.17')
56'
650.17' (650.17')
N90° 00' 00"E 2600.66' (N90° 00' 00"E 2600.66')
1159.39' (1159.39')
56'
28'
28'
56'
28'
28'
56'
28'
28'
56'
30'
40'70'
30'
40'70'
98 7,078 sf.
79 7,078 sf.
78 6,480 sf.
97 6,480 sf.
96 6,480 sf.
77 6,480 sf.
76 6,480 sf.
95 6,480 sf.
94 6,480 sf.
75 6,480 sf.
74 6,480 sf.
93 6,480 sf.
92 6,480 sf.
73 6,480 sf.
72 6,480 sf.
91 6,480 sf.
90 6,480 sf.
71 6,480 sf.
70 7,021 sf.
89 7,021 sf.
143
7,294 sf.
144
6,480 sf.
145
6,480 sf.
146
6,480 sf.
147
7,381 sf.
137
7,350 sf.
136
6,480 sf.
135
6,480 sf.
134
6,480 sf.
133
7,294 sf.
142
7,294 sf.
141
6,480 sf.
140
6,480 sf.
139
6,480 sf.
138
7,362 sf.
85 6,480 sf.
84 6,480 sf.
103
6,480 sf.
102
6,480 sf.
83 6,480 sf.
82 6,480 sf.
101
6,480 sf.
100
6,480 sf.
81 6,480 sf.
80 7,078 sf.
99 7,078 sf.
123
7,430 sf.
132
7,430 sf.
131
6,600 sf.
124
6,600 sf.
125
6,600 sf.
130
6,600 sf.
129
6,600 sf.
126
6,600 sf.
127
7,453 sf.
128
7,466 sf.
109
8,401 sf.
110
8,425 sf.
111
8,448 sf.
112
8,482 sf. 117
7,420 sf.
116
6,600 sf.
115
6,600 sf.
114
6,600 sf.
113
7,430 sf.
122
7,430 sf.
121
6,600 sf.
120
6,600 sf.
119
6,600 sf.
118
7,433 sf.

BREHLER AVENUE

POST AVENUE POST AVENUE

HUNTER AVENUE

LIME AVENUE

CATHERINE AVENUE

HEIDI AVENUE

DIAMOND AVENUE
56'
N45° 24' 50"E 14.15'
N89° 37' 39"W 102.43'
N89° 37' 39"W 108.00'
591.47'

13.00'
305.70' 305.93' 305.99'305.64'305.40'
408.47'
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE

LIME AVENUE
10' PUE
10' PUE

98.00'
D
D
D
D
D
D
D
D
D
D
D
D
D
D
87 6,834 sf.
88 9,802 sf.
104
6,441 sf.
106
10,743 sf.
107
8,514 sf.
108
8,369 sf.
86 6,599 sf.
55'

30.00'
C1
N0° 22' 21"E 1245.58'
N44° 37' 39"W 14.14'
(N44° 37' 39"W 14.14')
N45° 22' 21"E 14.14'
(N45° 22' 21"E 14.14')

37.99'
105
7,124 sf.
(N0° 22' 21"E 56.00')
N0° 22' 21"E 56.00'(N0° 22' 21"E 98.00')
N0° 22' 21"E 98.00'
N0° 22' 21"E
366.00'
N19° 56' 23"E 149.80'

54.74'
595.43'
196.00'
N89° 37' 39"W 56.00'(N89° 37' 39"W 56.00')
28'28'
56'
28'28'
56'
28'28'
56'
28'28'
56'
48'15'
48'15'
63'
63'
10' PUE
10' PUE
10' PUE10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
20' IRRIGATION PIPELINE
EASEMENT G.D.

REC 10/15/2024 DOC. NO.
2024-0095039 O.R.F.C.

NORTH AVENUE
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'
10'

38.00'
23'
23'
N89° 37' 39"W 98.00'(N89° 37' 39"W 98.00')20'
10' C.L.P.
10' C.L.P.

N44° 37' 39"W

14.14'
N45° 22' 21"E

14.14'
N44° 37' 39"W

14.14'
N45° 22' 21"E

14.14'
N45° 22' 21"E 14.14' N44° 37' 39"W 14.14' N45° 22' 21"E 14.14' N44° 37' 39"W 14.14' N45° 22' 21"E 14.14' N44° 37' 39"W 14.14' N45° 22' 21"E 14.14' N44° 37' 39"W 14.14'
(N44° 37' 39"W 14.14')
N45° 22' 21"E

14.14'
N44° 37' 39"W

14.14'
C2
C3
C11
C14
C12
C13
C15
C16
C17
C18
R1
R3
R2
R10R8
R7
R12
R9
R13
R11
C7
C6
C5
N62°16'12"W (R)
N19°32'25"W (R)
R4 R6C4
C10
C8
N44° 37' 39"W 14.14'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
N. LINE OF THE S1/2 OF THE
NW1/4 OF SECT. 27-14/22
W. LINE OF THE E1/2 OF THE NW1/4
OF THE NW1/4 OF SECT. 27-14/22
E. LINE OF THE NW1/4 OF THE
NW1/4 OF SECT. 27-14/22
CENTER CORNER OF THE NW1/4
OF THE NW1/4 OF SECT. 27-14/22
S.F.N.F.
1300.33' (1300.33')
N1/4 CORNER SECT. 27-14/22
NORTHWEST CORNER SECT. 27-14/22
60'
60'

SEE DETAIL 'A'
ON SHEET 5
SHEET 3 OF 5
69 7,488sf.
22 4,596sf.

BK. 7623, PG. 589 O.R.F.C.

BK. 7862, PG. 778 O.R.F.C.

BASIS OF BEARINGS

THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 27, T. 14 S., R. 22 E. MDB&M, PER
LOT LINE ADJUSTMENT NO. 2023-04, RECORDED
01/25/2024
AS GRANT DEED NO. 2024-0006740 O.R.F.C.

TAKEN AS N90° 00' 00"E

IN THE CITY OF SANGER
LOCATED IN THE NW1/4 OF SECTION 27, TOWNSHIP 14 SOUTH,
RANGE 22 EAST, MDB&M, IN THE CITY OF SANGER, COUNTY OF

FRESNO, STATE OF CALIFORNIA
TRACT NO. 6431
LEGEND

BASIS OF BEARINGS

VEHICULAR ACCESS RIGHTS RELINQUISHED

STREET CENTERLINE

LOT LINE PER THIS MAP

EASEMENT PER THIS MAP, AS LABELED

SECTION LINE
D

PER TRACT
MAP 2685

PER TRACT
MAP 2506
22' EXISTING R.O.W. PER G.D.

DOC. NO. 2016-0091869 O.R.F.C.

O.R.F.C.
30' EXISTING R.O.W. PER G.D.

DOC. NO. 2016-0091868 O.R.F.C.
(R)
PUE
S.F.N.F.
( )

RADIAL BEARING

PUBLIC UTILITY EASEMENT

SEARCHED FOR NOTHING FOUND
GRANT DEEDG.D.

RECORD DATA PER LOT LINE ADJUSTMENT NO. 2023-04
REC.01/25/2024 G.D. DOC. NO. 2024-0006740 O.R.F.C.

L
L
L

OFFICIAL RECORDS FRESNO COUNTY

FOUND MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE TAGGED "PLS 9849" ( FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE TAGGED "PLS 9849" 25.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE, DOWN 9" (THIS SHEET ONLY)

SHADED LINE INDICATES SUBDIVISION BOUNDARY

STREET DEDICATED IN EASEMENT TO THE CITY OF SANGER PER THIS MAP

LANDSCAPE AND PEDESTRIAN EASEMENT PER THIS MAP
TURNAROUND EASEMENT, SEE DETAIL ON SHEET 5

T T T T
T
SCALE: 1"=60'
C.L.P. CENTERLINE PROLONGATION
283
386.00'
N26° 39' 22"W 65.30'
(N63° 10' 10"E(R) 106.92')
N63° 10' 10"E(R) 106.92'
N63° 00' 32"E(R) 108.00'
N65° 34' 56"E(R) 108.00'
N25° 42' 16"W 64.85'
292.00'
N89° 37' 39"W 330.00'
(N0° 22' 21"E 56.00')N0° 22' 21"E 56.00'

28.00'

28.00' 28.00'
196.00'

33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'41.46'

33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00'

33.00'

33.00'

33.00'

33.00'

33.00' 33.00'

33.00'

33.00'

33.00'

30.00'25.10'

13.45'

55.54'

45.00'
N89° 57' 03"W 570.80'
107.53'110.10'
184.80'
N76° 41' 00"E 89.88'
N13° 19' 00"W (R)
N0° 02' 57"E (R)52.60'
[52.60']

81.46'
174.50'
199.46'
N41°20'53"W

15.00'N45°02'57"E14.14'
35'
35'
28' 28'
28'
28'
N44° 17' 22"W(R) 135.96'
N5° 45' 07"W(R) 83.68'
N89° 57' 03"W 93.35'
N89° 57' 03"W 105.40'
N89° 57' 03"W 105.63'
N89° 57' 03"W 105.85'
N89° 57' 03"W 106.07'
N89° 57' 03"W 106.29'
388.45'
N0° 02' 57"E 277.00'
N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 95.00'N0° 02' 57"E 91.02' N89° 57' 03"W 651.59' (N89° 57' 03"W 651.59')
N89° 37' 39"W 108.00'
N89° 37' 39"W 108.00'
N82° 10' 15"E(R) 108.32'
N78° 26' 57"E(R) 108.00'
N75° 52' 33"E(R) 108.00'
N73° 18' 08"E(R) 108.00'
N70° 43' 44"E(R) 108.00'
N68° 09' 20"E(R) 108.00'
N23° 07' 52"W 64.85'
N20° 33' 28"W 64.85'
N17° 59' 04"W 64.85'
N15° 24' 40"W 64.85'
N12° 50' 15"W 64.85'
N10° 15' 51"W 64.85'

49.18'

60.00'

70.00'
76'
28'
48'
28'
126.80'

33.00'

50.00' 116.45'
N0° 26' 04"E 2,645.77' (N0° 26' 04"E 2,645.77')
N44°45'30"W

21.28'
349.91'
400.01'
76'
28'
1322.89'
65 7,282 sf.
64 7,282 sf.
63 7,282 sf.
62 7,282 sf.
61 7,282 sf.
60 7,282 sf.
59 7,001 sf.
12 3,135 sf.
13 3,135 sf.
14 3,135 sf.
15 3,135 sf.
16 3,135 sf.
17 3,135 sf.
18 3,135 sf.
19 3,135 sf.
20 3,135 sf.
21 3,135 sf.
5 3,482 sf.
4 3,489 sf.
2 3,504 sf.
1 4,114 sf.

DIAMOND AVENUE

LANGPORT AVENUE

TAUNTON AVENUE

WESTON AVENUE

BETHEL AVENUE

BREHLER AVENUE
70' 56'
28'
28'56'
56'
70'
50'
20'

51.64'

13.00'
10' PUE
10' PUE
10' PUE 10' PUE

98.00'
D
D
D
D
D
D
D
D
D
69 7,510 sf.

N0° 22' 21"E 153.04' (N0° 22' 21"E 153.04')

60.00'

60.00'

23.04'
66 7,890 sf.
67 8,678 sf.
68 6,480 sf.
11 3,109 sf.
10 3,167 sf.
9 6,903 sf.
8 8,744 sf.
7 3,139 sf.
6 3,444 sf.

N89° 57' 03"W 483.79'
22 5,201 sf.
407.64'
340.52'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
221.00'
N0° 02' 57"E
218.87'

97.09'
102.37'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
113.91'
107.09'
111.78'

37.51' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00' 33.00'

32.64'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'45.00'

55.00' 33.00' 33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00'33.00' 53.13' 23 4,896 sf.
25 3,534 sf.
27 3,534 sf.
43 3,759 sf.
26 3,534 sf.
24 3,534 sf.
28 3,534 sf.
29 3,534 sf.
30 3,534 sf.
31 3,534 sf.
32 3,534 sf.
33 3,534 sf.
34 5,840 sf.
35 6,206 sf.
36 3,759 sf.
37 3,759 sf.
38 3,759 sf.
39 3,759 sf.
40 3,759 sf.
41 3,759 sf.
42 3,759 sf.
44 3,759 sf.
45 3,740 sf.
(N69° 07' 37"E 95.00')
N69° 07' 37"E (R) 95.00'58
3,262 sf.
46 6,508 sf.

N70° 46' 26"E (R) 95.00'

37.99'

25.84'
155.20'
28'
143.04'
48'
76'

85.00'
28'
56'56'
N0° 22' 21"E 1245.58'
N89° 57' 03"W 100.70'
N45° 12' 39"E14.18'
N89° 57' 03"W 438.13'

14.14'
N45° 02' 57"E
N45° 22' 21"E 14.14'
181.04'
N89° 37' 39"W 56.00'
(N89° 37' 39"W 56.00')
10' PUE
10' PUE
28'
56'
28'
28'
10' PUE
10' PUE
28'
28'
N0° 26' 04"E 847.16'
10'
10'
10'
10'
10'
10'
10'
10'
10'
(Δ=5°57'27" R=1,148.00' L=119.37')
(N26° 39' 22"W

65.30')
(N25° 42' 16"W

64.85')
(N12° 50' 15"W

64.85')
(N15° 24' 40"W

64.85')
(N17° 59' 04"W

64.85')
(N20° 33' 28"W

64.85')
(N23° 07' 52"W

64.85')
LOT B
242,566 sf.
12'
N89° 37' 39"W 98.00'
(N89° 37' 39"W 98.00')
3 3,497 sf.

N4° 05' 41"W

53.72'
10'
10'
10'
10' C.L.P.
232.98' [232.98']
C74
N61° 41' 52"E (R)
C30
N78° 45' 38"E 16.00'
C31
C37
C36
C33
N11° 14' 22"W (R)N11° 14' 22"W (R)N0° 26' 04"E (R)
N44° 57' 03"W 14.14'
C73
C48
C49
C50
C51
C52
C53
C54
N75° 40' 50"E (R)
S74° 21' 37"W (R)
R25
N31° 46' 17"E 14.16'
C56
C42

23.04'
C43
C44
C45
C47
R23
R24
C19C22
C27R19
R20
R18
R17 R14
R16
C356.00'
C32
C39
C41
C40
C38
R21C28
C29

12.30'
C23
C24
C25
C26
C46
C58
R22
C34
N59° 23' 25"W 14.40'
[N59° 23' 25"W 14.40']
C72
N20° 02' 58"W 35.73'
(N20° 02' 58"W 35.73')
N0° 02' 57"E (R)
R15 C20
N45° 11' 10"W

14.20'
R29
C71
R30
R28

12.14'
C21
N45° 14' 30"E 21.14'
[Δ=13°21'57" R=228.00' L=53.19']

4.55'
[Δ=12°39'45"
R=1,628.00'
L=359.79']
N45° 22' 21"E 14.14'
(N45° 22' 21"E 14.14')N44° 37' 39"W 14.14'
(N44° 37' 39"W 14.14')
805.13'
902.88'

48.0'

28.0'

20.0'
N89° 54' 07"W 2,612.08' (N89° 54' 07"W 2,612.08')
1127.22' (1127.22')20.00'
984.34'
1127.10'

BETHEL AVENUE

MUSCAT AVENUE
70'
50'
20'
D
268.00'
N44° 54' 07"W 28.12'N44° 54' 07"W 28.12'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
NORTHWEST CORNER SECT. 27-14/22
W1/4 CORNER SECT. 27-14/22
CENTER CORNER SECT. 27-14/22

BASIS OF BEARINGS

THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 27, T. 14 S., R. 22 E. MDB&M, PER
LOT LINE ADJUSTMENT NO. 2023-04, RECORDED 01/25/2024
AS INSTRUMENT NO. 2024-0006740 O.R.F.C.

TAKEN AS N90° 00' 00"E

IN THE CITY OF SANGER
LOCATED IN THE Nw1/4 OF SECTION 27, TOWNSHIP 14 SOUTH,
RANGE 22 EAST, MDB&M, IN THE CITY OF SANGER, COUNTY OF

FRESNO, STATE OF CALIFORNIA
TRACT NO. 6431
LEGEND
(R)
SHEET 4 OF 5
TTM NO. 6431
60'60'
BK. 7623, PG. 589 O.R.F.C. N. LINE OF THE S1/2 OF THE
NW1/4 OF SECT. 27-14/22
PUE
C75
C57
48'
LOT B
242,566 sf.

5.57 AC
[591.17']
591.17'
N0° 26' 04"E 847.16'[N0° 26' 04"E 847.16']
G.D. DOC. NO. 2024-0119297, O.R.F.C,
O.R.F.C.
( )
D

EASEMENT PER THIS MAP, AS LABELED

STREET CENTERLINE

LOT LINE PER THIS MAP

SECTION LINE

VEHICULAR ACCESS RIGHTS RELINQUISHED
[N45°05'11"E 28.28']N45°05'11"E 28.28'
[ ]
L

FOUND MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE TAGGED "PLS 9849" (FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE TAGGED "PLS 9849" 14.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE, DOWN 9" (THIS SHEET ONLY)

RADIAL BEARING

OFFICIAL RECORDS FRESNO COUNTY

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. 2023-04 REC. 01/25/2024 G.D. DOC. NO. 2024-0006740 O.R.F.C.

RECORDED DATA PER G.D. DOC. NO. 2024-0119297 REC. 12/27/2024 O.R.F.C.

STREET DEDICATED IN EASEMENT TO THE CITY OF SANGER PER THIS MAP.

LANDSCAPE AND PEDESTRIAN EASEMENT PER THIS MAP
L
SCALE: 1"=60'

FUTURE RIGHT OF WAY
C.L.P. CENTERLINE PROLONGATION
284

43.83'

20.00'

48.00'
N89° 54' 07"W 94.77'
N26° 39' 22"W 65.30'
(N63° 10' 10"E(R) 106.92')
N63° 10' 10"E(R) 106.92'
N63° 00' 32"E(R) 108.00'
83'
35' 48'
76'
48'28'
76'
28'

48.0'

28.0'

20.0'
N89° 54' 07"W 2,612.08' (N89° 54' 07"W 2,612.08')
1127.22' (1127.22') 178.82' 1306.04'
60 7,282 sf.
59 7,001 sf.
984.34' 142.76'
1127.10'

BREHLER AVENUE

MUSCAT AVENUE
10' PUE
10' PUE
10' PUE
D
D
D
D
Lot A
1,897 sf.
(N69° 07' 37"E 95.00')
N69° 07' 37"E (R) 95.00'58
3,262 sf.
57 3,262 sf.
56 3,262 sf.
55 3,262 sf.
54 3,262 sf.
53 3,262 sf.
52 3,262 sf.
51 3,262 sf.
49 3,262 sf.
50 3,262 sf.
48 3,262 sf.
47 3,356 sf.

N70° 46' 26"E (R) 95.00'
N72° 25' 16"E (R) 95.00'
N74° 04' 05"E (R) 95.00'
N75° 42' 55"E (R) 95.00'
N77° 21' 44"E (R) 95.00'
N79° 00' 33"E (R) 95.00'
N80° 39' 23"E (R) 95.00'
N82° 18' 12"E (R) 95.00'
N83° 57' 02"E (R) 95.00'
N85° 35' 51"E (R) 95.00'
N87° 14' 41"E (R) 95.00'
N89° 54' 07"W 95.02'
591.17' [591.17']
10'
N0° 05' 53"E10'
10'
N0°05'53"E 68.00'
(Δ=5°57'27" R=1,148.00' L=119.37')
(N26° 39' 22"W

65.30')
10'
C75
C76
C55
N45° 05' 11"E 28.28'
[N45° 05' 11"E 28.28']
N84° 16' 44"E (R)
N86° 07' 48"W (R)
N86° 07' 48"W (R)
N87° 44' 11"E (R)
N89° 52' 25"E (R) R26
N11° 48' 51"W 35.73'
(N11° 48' 51"W 35.73')
N13° 27' 41"W 35.73'
(N13° 27' 41"W 35.73')
N18° 24' 09"W 35.73'
(N18° 24' 09"W 35.73')
N61° 41' 52"E (R)
C53
C54
C56
N89° 54' 07"W (R)
C58
C59
C60
C61
C62
C63
C64
C65
C66
C67
C68
C69
C70
N10° 10' 02"W 35.73'
(N10° 10' 02"W 35.73')
N8° 31' 12"W 35.73'
(N8° 31' 12"W 35.73')
N6° 52' 23"W 35.73'
(N6° 52' 23"W 35.73')
N5° 13' 34"W 35.73'
(N5° 13' 34"W 35.73')
N0° 05' 53"E 20.00'
N3° 34' 44"W 35.73'
(N3° 34' 44"W 35.73')
N1° 53' 09"W 37.73'
(N1° 53' 09"W 37.73')
N15° 06' 30"W 35.73'
(N15° 06' 30"W 35.73')
N16° 45' 20"W 35.73'
(N16° 45' 20"W 35.73')
N20° 02' 58"W 35.73'
(N20° 02' 58"W 35.73')
R27
N3° 52' 12"E 38.07'
[N3° 52' 12"E 38.07']
[Δ=9°35'27" R=90.00' L=15.07'] C77
[Δ=6°08'00" R=110.00' L=11.78']' C78
[Δ=2°08'14" R=1,065.00' L=39.73'] C79
L=359.79']
[Δ=22°34'53"
R=1,072.00'
L=422.50']
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
W1/4 CORNER SECT. 27-14/22 CENTER CORNER SECT. 27-14/22 S1/4 CORNER OF NW1/4 SECT. 27-14/22
C74
C71C73
C46
SHEET 5 OF 5
TTM NO. 6431
60' 60'

IN THE CITY OF SANGER
LOCATED IN THE NW1/4 OF SECTION 27, TOWNSHIP 14 SOUTH,
RANGE 22 EAST, MDB&M, IN THE CITY OF SANGER, COUNTY OF

FRESNO, STATE OF CALIFORNIA
TRACT NO. 6431
LEGEND
(R)
( )
PUE

STREET CENTERLINE

LOT LINE PER THIS MAP

SECTION LINE

EASEMENT PER THIS MAP, AS LABELED
D
48'
C57
N0° 26' 04"E 847.16' [N0° 26' 04"E 847.16']
LOT B
242,566 sf.

5.57 AC
268.00'
G.D. DOC. NO. 2024-0119297, O.R.F.C.

BASIS OF BEARINGS

THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 27, T. 14 S., R. 22 E. MDB&M, PER
LOT LINE ADJUSTMENT NO. 2023-04, RECORDED 01/25/2024
AS INSTRUMENT NO. 2024-0006740 O.R.F.C.

TAKEN AS N90° 00' 00"E
[ ]
O.R.F.C.

FOUND MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE TAGGED "PLS 9849", FRONT LOTS
DOWN 12 IN, BACK LOTS DOWN 9IN
SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 9849"

RADIAL BEARING

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

OFFICIAL RECORD FRESNO COUNTY
RECORD DATA PER LOT LINE ADJUSTMENT NO. 2023-04
REC. 01/25/24 G.D. DOC. NO. 2024-0006740, O.R.F.C.

RECORDED DATA PER G.D. DOC. NO. 2024-0119297 REC.
12/27/24 O.R.F.C.

STREET DEDICATED IN EASEMENT TO THE CITY OF
SANGER PER THIS MAP.

C9
C8
C10R4
C4
C7

POST AVENUE

DETAIL 'A'

NOT TO SCALE
NORTH
Lot 104
Lot 105
T

TYPICAL TEMPORARY TURN AROUND EASEMENT
STREET

34.15'
Δ=40°00'19"
R=28.00'
L=19.55'
N13° 50' 03"E 30.95'
N89° 37' 39"E 20.00'
N0° 22' 12"E

12.00'

17.37'
N89° 37' 39"E
LOT
NORTH

NO SCALE
SCALE: 1"=60'
R5
C.L.P. CENTERLINE PROLONGATION
285
01236.0105/831126.1

EXHIBIT B

Subdivision Agreement for Final Map of Tract No. 6431
286
01236.0105/823732.1
WHEN RECORDED MAIL TO:

City Clerk
City of Sanger
1700 7th Street
Sanger, CA 93657

NO FEE–Government Code §6103

Community Development Department
City of Sanger
1700 7th Street
Sanger, CA 93657

SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 6431

287
Subdivision Agreement
Final Map of Tract No. 6431

01236.0105/823732.1

THIS AGREEMENT is made by and between the City of Sanger, a general law city, hereinafter referred to as “City,” and SJV Horizontal, LLC, a Delaware limited liability company, located at 5607 Avenida de la Robles Visalia, CA 93291 , hereinafter referred to as “Subdivider” without regard for number or gender, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Sanger.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, situated in the City of Sanger, County of Fresno, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:

Lots 1 through 147, inclusive, and Lots A & B of the Final Map of Tract No. 6431, according to the map thereof recorded on __________________, 202 5 in Volume ____ of Plats at Page(s), Fresno County Records
B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified.

C. Section 62 -177 of the Sanger City Code requires Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 6431 dated March 23, 2023 and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.

D. Subdivider desires to construct the improvements and develop the Subject Property.

E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.

AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Vesting Tentative Map, it is mutually agreed and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree as follows:

1. Time, Conditions, Delays, and Extensions . The Subject Property is subject to the following:
a. Time for Performance. The work and improvements required by the Conditions of Approval shall be performed on or before 12 months after the effective date of this Agreement, except as otherwise specifically set forth in this Agreement. If 288
Subdivision Agreement
Final Map of Tract No. 6431

01236.0105/823732.1
Subdivider fails to complete such work within such period, City may (but is not required to) complete the same and recover the full cost and expense thereof from Subdivider.
b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. 2023-05, dated March 23, 2023.
c. Unforeseen Delays and Extension Process. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of Subdivider, the time of completion may be extended for a period justified by the event of such delay in the completion of work. As a prerequisite for obtaining an extension, Subdivider must file a written request for a time extension with the City’s Community Development Director within 12 months of the effective date of this Agreement.

The written request should set forth the facts and unforeseen cau ses giving rise to the delay, and must be accompanied by an updated Cost Estimate approved by the City Engineer. Subdivider must also pay an extension fee, if any, established by the most recent Master Fee Schedule based upon the higher of the initial or revised estimated total improvement cost for the Final Map. The Community Development Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdivider. In connection with an extension or amendment of this Agreement, the Community Development Director may also re -assess Performance Security, Payment Security and any other improvement security to increase the amount based upon the updated Cost Estimate and pursuant to the types and perce ntage amounts set forth in Paragraph 5 of this Agreement. The Community Development Director shall give Subdivider written notice of the Director’s determination in writing, including any additional Performance Security, Payment Security or other improvem ent security amounts and a written statement describing a reasonable basis supporting the need for such additional security. The Director’s determination shall be final and conclusive. No extension of this Agreement shall be valid unless Subdivider shall provide City any additional improvement security within 20 business days after written notice of the Community Development Director’s determination. If no extension of time is granted, City shall refund the extension fee, less the cost of any staff time for processing the application, paid by Subdivider at the time of submittal of the request for extension.

2. Scope of Improvements . The work and improvements, including those depicted or required on the plans prepared in connection with the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffi c signal plans, etc., and other improvements required by Conditions of Approval (hereinafter collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement. Improvements shall be done in ac cordance with the construction standards contained in the most current edition of the City of Sanger Standard Specifications for Public Construction (“Standards Specifications”) and the City 289
Subdivision Agreement
Final Map of Tract No. 6431

01236.0105/823732.1
of Sanger Standard Details (“Standard Details”), Section 62-174 of the Sanger City Code, and Article V of Chapter 62 of the Sanger City Code, and any amendments thereto (hereinafter referred to as “Public Works Standards”), at the sole cost and expense of Subdivider including all costs of engineering, inspection and testing. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit “A” and incorporated by reference.

3. Specific Improvements . The required Improvements include the following , and must comply with the Public Works Standards, as applicable:
a. Monuments. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to City’s final acceptance of the subdivision and release of securities, Subdivider shall submit evidence to City of payment and receipt thereof by Subdivider’s engineer or surveyor for the final setting of all monuments required in the Subdivision.
b. Underground Utility Systems. All utility systems shall be installed underground. c. Water Main Extensions. Water main extensions and services shall be provided in accordance with applicable provisions of Article II, Chapter 82 of the Sanger City Code, as may be amended, and all applicable charges established by the Master Fee Schedule shall apply.
d. Sanitary Sewer Improvements . Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Article III, Chapter 82 of the Sanger City Code, as may be amended , and all applicable charges established by the Master Fee Schedule shall apply subject to vesting rights if any. e. Lot Drainage. Lot drainage shall be in accordance with Article V, Chapter 82 of the Sanger City Code , as may be amended, and the California Building Code as adopted.
f. Landscaping and Maintenance . Subdivider shall install and maintain the fencing/walls, landscaping, irrigation system and certain miscellaneous improvements in accordance with City approved improvement plans as described hereafter within the designated easements or areas required in the Conditions of Approval and delineated on the Final Map. The improvement plans for such landscaping, irrigation system and miscellaneous improvements shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the City’s Director of Community Services, except for improvements to be maintained by a City Community Facilities District (“CFD”) or Landscape Lighting and Maintenan ce District (“LLMD”), which plans shall be approved by the City Engineer. g. Construction Improvement Plans . Perform and construct all work shown on the following construction plans and any amendments thereto, unless explicitly and specifically omitted by this Agreement:
i. “Somerset Subdivision - Improvements – Tract No. 6431” ii. “Somerset Subdivision Landscape Improvements – Tract No. 6431” 290
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iii. “Somerset Subdivision – Tract No. 6431 – Irrigation Line Replacement” iv. “Somerset Subdivision – Tract No. 6431 – Bethel and North Ave Traffic Signal”
Install and complete all street improvements required by the Sanger City Code, as may be amended, in accordance with the Public Works Standards and the construction plans. The City Engineer or other designated city official may make minor changes in typical sections and details if unusual conditions pertain to the subdivision or arise during construction to warrant such change. h. Eminent Domain. If Subdivider has attempted but is unable to acquire and dedicate to City all easements required in connection with this Agreement prior to final map approval, the Subdivider may request the City acquire the necessary easement(s) or dedication(s) through negotiation or the lawful exercise of City’s power of eminent domain. Subdivider shall deposit with City the sums in a form required by the Community Development Director. Such sums shall be security to pay City the initial cost to acquire the necessary easement, but not limited to: just compensation and damages for the interests acquired, City legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal fees, court costs and all related expenditures to acquire the easement through the lawful exercise of City’s power of eminent domain. If deposited funds are less than the actua l cost to acquire all necessary right-of-way, Subdivider shall remit to City such additional sums as may be required by City from time to time to prosecute the matter to the conclusion, such further payment to be made within ten days of the mailing by City to Subdivider of a notice requesting such additional cost. If deposited sums exceed the actual cost to acquire the subject right -of-way, then at the conclusion of acquisition proceeding City shall refund the difference to Subdivider as soon as City determines the amount of such excess.
k. Impact and other Fees. Subdivider shall pay to City the total fees and charges due as a condition of Final Map approval, consistent with Sanger Municipal Code Section 50-27 as may be amended , subject to vested rights if any. The total fees and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “C,” which is incorporated by reference. i. Estimated Reimbursements for Certain Improvements . In connection with the amounts set forth in Exhibits “A” and “B,” City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements, if any, that will benefit other properties as contemplated by Sanger Muni cipal Code Section 50-29. The parties acknowledge since the subject Improvements have not been completed at the time of execution of this Agreement, the actual cost of construction is not yet known. Some d egree of reasonable estimation is incorporated into the calculations, including the amount of fee credits, if any.

Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual cons truction costs after improvement completion and acceptance. Calculations of costs are also based on 291
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information submitted by Subdivider to City. Payment of fees and any reimbursements shall be made at the rates and amounts established by the Sanger City Code, including pertinent provisions contained in City’s Master Fee Schedule.

Consistent with Sanger Municipal Code Section 50 -29, to the extent that Subdivider is required as a Condition of Approval to construct a public facility identified herein which is determined by the City to have supplemental size, length, or capacity over t hat needed for the impacts of the development subject to this Agreement, and to the extent that Subdivider has not received or taken fee credits for the same, Subdivider has the option to enter into a Reimbursement Agreement with the City for eligible reim bursement costs. Said Reimbursement Agreement shall be based on and consistent with this Agreement including Exhibits “B” and “C” hereto.
j. Fee Credit Adjustments . With regard to fee credits including those referenced above and herein, if any, Subdivider may receive designated fee credits from City as offsets toward a development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastruct ure improvements completely installed by Subdivider. Subdivider shall not be entitled to receive fee credits until each of the following has occurred with respect to a subject Improvement: (i) City has accepted the Improvement(s) eligible for fee credit or reimbursement, and (ii) Subdivider has provided City will a copy of invoices or other reliable documentation evidencing the reasonable costs and expenses actually incurred by Subdivider in connection with designing and constructing the subject Improvemen t(s), along with final lien releases from any contractors performing work or materials for such Improvements.

4. Inspections. City shall inspect all Improvements. All Improvements and materials shall be done, performed and installed in accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, it is agreed that the same shall be done and perfo rmed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said Improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer. Upon completion of the Improvements as required herein, the City shall accept the Improvements and at such time, title to and ownership of the Improvements shall vest in the City.

5. Security. Prior to the approval by the Sanger City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit A. Improvement security shall be of the type as provided for in Government Code §66499 subject to review by the City Attorney and approval of the City Council. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in 292
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California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney. a. Performance Security. Performance security shall be equal to 100% of the final Cost Estimate for all improvements as delineated on the subdivision improvement plans, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. The Performance Security shall be in the form of bonds naming the City of Sanger as obligee, or certificate of deposits made payable only to the City of Sanger, or cash.
b. Payment Security. Payment security shall equal 50% of the final Cost Estimate for all improvements as delineated on the subdivision improvement plans, as approved by the City Engineer. The Payment Security shall secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the form of bonds naming the City of Sang er as oblige, or certificate of deposits made payable only to the City of Sanger, or cash. c. Partial Acceptance and Reduction of Performance Security. Performance Security may be reduced as work progresses only for the work satisfactorily completed and accepted by the City Engineer. Upon written request from the Subdivider, the City Engineer with the concurrence of the Director of Public Works shall determine the value of work completed satisfactorily and may authorize release of a portion of the security. In no event shall such security be reduced by more than 90 percent of the value of the work completed. Upon final completion and acceptance of the work as determined by the City Engineer and Director of Public Works, a notice of acceptance shall be filed with the Fresno County Recorder. 10 percent of such security shall be retained for 35 days after the filing of such notice or longer period if required by law.

6. Damage Prior to Final Acceptance. Any damage to the work or Improvements constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work.

7. Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City.

8. Warranty Security . To ensure Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a maintenance bond serving as warranty security shall be furnished to the City in the minimum amount identified in Exhibit “A.” The warranty security shall serve as a guarantee and warranty of the work for a period of one year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements.
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9. No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.

10. Indemnification. Subdivider shall be obligated as follows:
a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, includi ng but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of perform ance or in any way connected with: (i ) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; (v) Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractor’s failur e to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement.
b. Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. c. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of paragraph “a ” and “b” of this Section. Notwithstanding the preceding sentence, any subcontractor who is a “design professional” as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers to the furthest extent allowed by law (including Section 2782.8 of the California Civil Code), from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the 294

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design professional, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.
d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. City agrees that it shall not authorize use of such streets, works or Improvements prior to final acceptance thereof by City. This Section shall survive termination or expiration of this Agreement.

11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal injury with coverage for premises and operations (including the use of owned and non -owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $3,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury and $3,000,000 aggregate for products and completed operations, and $5,000,000 general aggregate.
b. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non- owned automobiles or ot her licensed vehicles (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $3,000,000 per accident for bodily injury and property damage.
c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person’s profession (applicable only to those subcontractors who are providing Professional Services to Subdivider), with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 policy aggregate. d. WORKERS’ COMPENSATION insurance as required under the California Labor Code.
e. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions.
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Subdivider will use commercially reasonable efforts to cause the above described policies of insurance to be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers ’ Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such po licy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees, and volunteers as an additional insured by use of forms CG2010 and CG 2037 or equivale nt.

Such policy(ies) of insurance shall be endorsed so Subdivider’s insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shal l survive termination or expiration of this Agreement. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.

Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of the Agreement.

Subdivider shall furnish City with copies of the actual policies upon the request of City Attorney or the City Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of t his Agreement.

The duty to indemnify City, its officers, officials, agents, employees, and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Community Development Director for City, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and 296

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that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. The City shall give three (3) business day’s advance notice, and if the required insurance is provided to the City within that time, the City will not terminate the Agreement.

If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers, and agen ts in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor.

12. Payment for Materials and Supplies. Subdivider and Subdivider’s subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of W orkers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.

13. Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with the Standard Specifications shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to b e tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider.

14. Work by Subdivider . It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.

Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in t he absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdivider of any obligation to fulfill the Agreement as prescribed.

Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted

15. Dust Control. Adequate dust control shall be maintained by Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is 297

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completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision in strict compliance with all rules and regulations established by the San Joaquin Valley Air Pollution Control Board.

Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Subdivider to comply (“Notice to Comply”) with the provisions of this paragraph forthwith. If in the opinion of the City Engin eer Subdivider’s failure to comply with the provisions of this paragraph is having an immediate and significant impact on the public’s health, safety and welfare, the City Engineer may immediately issue a stop work order until City receives reasonable assu rances Subdivider shall comply with the provisions of this paragraph forthwith. Such notices, Notice to Comply and stop -work orders may be personally served upon Subdivider. If Subdivider is not an individual, such notices, Notice to Comply and stop -work orders may be served upon (i) any person who has signed this Agreement on behalf of Subdivider; (ii) upon any officer, manager or trustee of Subdivider; or (iii) at the election of the City Engineer, such notices and stop -work orders may be served by mailed to Subdivider at Subdivider’s address on file with the City Engineer. If the City Engineer has issued a Notice to Comply, and Subdivider has failed to commence adequate dust control or fails to maintain adequate dust control at any time thereafter, within twenty -four hours after personal service of the Notice to Comply or wi thin forty-eight hours after the mailing thereof, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as the City Eng ineer may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine. City may bill Subdivider for the entire cost to City of such sprinkling or treating, including equipment, material and staff time, as well as any other time or costs associated with the issuance with the elimination of the scattering of the dust including the Notice to Comply. Subdivider shall promptly pay to City the entire billed cost to City of such sprinkling or treating, as evidenced by the delivery of invoices or other evidence of costs incurred. When the surfacing on any existing street is trenched, excavated, potholed or similarly disturbed as a result of Subdivider’s construction activities, this surfacing shall be replaced with temporary or permanent surfacing within fourteen calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.

16. Street Surfacing and Underground Facilities . Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.

17. Covenants Affecting Land Development . In addition, the following Covenants affect development of the Subject Property:
a. Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6431;
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b. Covenant Regarding Land Development for the Final Map of Tract No 6431 “Sanger Landscape and Lighting District No. 2”;
c. Covenant Regarding Land Development for the Final Map of Tract No 6431 “Community Facilities District No. 2005-01”;

18. Compliance with Conditions of Approval; Easements . In addition to the Covenants affecting land development, if any, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 6431 dated March 23, 2023 and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdivider’s completion of all required improvements to said parcels. Subdivider’s compliance with such conditions shall be completed as required by the Conditions of Approval and where no time for compliance is set forth in the Conditions of Approval, then within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply.

19. Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Sanger City Code and Building Codes.

20. Prevailing Wages. Subdivider shall: (a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of (i) those specific Improvements for which Subdivider provides supplemental size, length or capacity over that needed for the impacts of the development as contemplated by Sanger Municipal Code Section 50-29 and as identified in Exhibit “B,” if any, and (ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”); and (b) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Subdivider shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law.

During the construction of the PW Improvements, if any, Subdiv ider shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section 10 of this Agreement, Subdivider shall indemnify, hold harmless and defend (with counsel reasonably accept able to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Subdivider, its contractors and subcontractors) to pay prevailing wages a s required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements.
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21. Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

22. Notice and Cure. Failure by either party to perform any material term or provision of this Agreement shall constitute a default. The party alleging a default shall provide the other party with written notice of any default and thirty (30) days within which to cure the condition, or, if the nature of such that the default cannot be cured within that time, a party shall not be in default if such party commences to perform its obligations to cure within the thirty (30) day period and diligently completes performance. Writte n notice shall specify, in detail the nature of the obligations to be performed by the defaulting party.

Notwithstanding the foregoing, if in the sole determination of the City Manager or designee that a condition creates an imminent threat to public health, safety, or welfare, Subdivider shall cure the condition within twenty four (24) hours of notice of the same. In this limited circumstance, notice of default may be provided orally by the City if promptly followed by written notice from the City the sa me day specifying the nature of the obligations to be performed by Subdivider. Alternatively, written notice to cure may be provided by the City without oral notice.

23. Limitations of Legal Acts . Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents, or employees be liable in damages for any breach or violation of this Agreement, it being expressly understood and agre ed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. In addition, in the event of an uncured default by Subdivider, City may withdraw the necessary funds from the Subdivider’s bonds or other security and complete the Improvements required under this Agreement.

24. Attorney’s Fees and Legal Expenses . If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert wit ness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “atto rneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorney’s fees.

25. Obligation Running With Land . This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Fresno County Recorder.

26. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this 300

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Agreement may be waived unless in writing and signed by all parties to this Agreement.

Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

27. Successor Statutes Incorporated. All references to a statue or ordinance shall incorporate any or all successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to Subdivider under this Agreement.

28. Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.

29. Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

30. No Assignment . No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider without the written consent of City.

31. Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

32. Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

33. Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

34. Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as the Improvements required herein have been completed and accepted by City as evidence by recordation of a notice of completion filed with the Fresno County Recorder.

35. Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.

36. Acknowledgement of Content . Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and 301

Subdivision Agreement
Final Map of Tract No. 6431

01236.0105/823732.1
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider.

37. No Third Party Beneficiaries . This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto. The parties hereto expressly disclaim any such third-party benefit.

38. Amendments. This Agreement may be amended only by a written instrument signed by both City and Subdivider or any successor in interest.

39. Notices. Any notice authorized, required, or permitted to be given hereunder shall be properly addressed to the party to be notified at the following address:

To City: City of Sanger
Attn: Community Development Director
1700 7th Street
Sanger, CA 93657

To Subdivider: SJV Horizontal, LLC
5607 Avenida de la Robles
Visalia, CA 93291
Attention: Joseph A. Leal, Authorized
Representative

Any notice shall be deemed to have been given upon actual receipt if sent by United States mail, postage prepaid, certified mail or registered mail, return receipt requested. Any notice delivered by hand delivery or sent by overnight courier shall be deemed received on the date of actual receipt or upon refusal of delivery. Notice given by e -mail by the City shall be effective upon transmission unless notice of a failure of transmission is received by the City. The recipient of an e-mail notice shall have an affirmative obligation to send an e-mail response acknowledging the receipt of the e-mail and if such acknowledgment is not provided, a copy of any notice delivered by e -mail shall also be delivered as required by the first sentence of this paragraph. Any address for notice may be changed by ten (10) days’ prior written notice to the other party of such address change in the manner provided above.

40. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.
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[Signatures on Next Page]
302

Subdivision Agreement
Final Map of Tract No. 6431

01236.0105/823732.1
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement CITY

City of Sanger,
a General Law City

By:

Nathan Olson, City Manager

SUBDIVIDER
SJV Horizontal, LLC, a Delaware limited
liability company

By: SJV Homes, LLC a Delaware limited
liability company, its Sole Member

By: SJV Intermediate Holdings Finco, LLC a
Delaware limited liability company, its Sole
Member

By: SJV Holdings, LLC a Delaware limited
liability company, its Sole Member

By: ________________________________
Joseph A. Leal, Authorized Representative

(Attach Notary Acknowledgment) (Attach Notary Acknowledgment)

APPROVED AS TO FORM:

By:

Hilda Cantu Montoy
City Attorney

Attachments:

Exhibit A: Public Improvement Cost Estimates and Improvement Security Amounts Exhibit B: Cost Estimate for Reimbursable and Fee-Creditable Improvements Exhibit C: Impact Fees, Fee Credits, and Reimbursements 303

EXHIBIT A

PUBLIC IMPROVEMENT COST ESTIMATES AND

IMPROVEMENT SECURITY AMOUNTS

304

OPINION OF PROBABLE CONSTRUCTION COSTS - EXHIBIT A
Project:

Client:

Number of Lots: Date: 5/16/2025
Completed by: TG
Checked by: DLL
Item & Description Unit Price Unit
500.00$ ACRE
10,000.00$ LS
3,250.00$ ACRE
500.00$ ACRE

1.00$ SF

3.50$ CY

3.60$ CY

2.75$ CY

2.25$ CY

3.00$ CY
500.00$ EA

0.20$ SF

3.05$ LF

1.00$ SF

1.00$ SF

3.50$ CY

0.20$ SF

3.05$ LF

1.00$ SF
48 Clearing & Grubbing (Misc.) - Park Area 10.0 5,000.00$ Somerset Subdivision - Phase 1
San Joaquin Valley Homes
Total Project Acrege
397,669.62$

SITE GRADING
13,131,017.60$
89,326.65$
147
70,979.70$
160,875.00$
16,460.50$
Grade for Sidewalk
183,921.00$
Finish Grading:

Compact & Sub-grade the streets 114,147 22,829.40$
Grade for Curb and Gutter 3,556 10,845.80$
Off-Site Construction Subtotal:

SITE GRADING TOTAL 828,318.46$
Grade for Sidewalk 20,844 20,844.00$
81,227 81,227.00$
Grade for Sidewalk - Park 55,748 55,748.00$
360,924.62$
Orchards
On-Site Construction
Finish Grading:

Rough Grading 61,307
Over-excavation 10,162 36,581.51$
Stripping Topsoil 10,422 28,660.50$
Rough Grading:

Street Excavation 13,366 46,781.00$
Pond Excavation 71,500
Off-Site Construction
Asphalt 36,745 36,745.00$
Off-Site Construction Subtotal:

Total Estimated Project Cost:
99 322,023.51$
On-Site Construction
Clearing & Grubbing (Misc.)
Abandon & Remove Existing House
23,901.12$
10,000.00$
Total Cost Per Lot:
48 1
Quantity Total

DEMOLITION & REMOVAL
36,745.00$
On-Site Construction Subtotal:

DEMOLITION & REMOVAL TOTAL
12,307 37,536.35$
Off-Site Construction
Finish Lots 147 73,500.00$
Compact & Sub-grade the Streets 262,542 52,508.40$
On-Site Construction Subtotal: 757,338.76$
Grade for Curb and Gutter
Rough Grading:

Street Excavation 4,703

EXHIBIT A
EXHIBIT "A"

PUBLIC IMPROVEMENT COST ESTIMATES AND

IMPROVEMENT SECURITY AMOUNTS
305
Item & Description Unit Price UnitQuantity Total

55.00$ LF
4,750.00$ EA
750.00$ EA
600.00$ EA
350.00$ EA
1,300.00$ EA
4,500.00$ EA
4,500.00$ LS
100.00$ LF

55.00$ LF
5,500.00$ EA
4,750.00$ EA
600.00$ EA
750.00$ EA
1,300.00$ EA
48" Standard Manhole 8 38,000.00$
60" Standard Manhole 2 11,000.00$
4" SS Laterals 1 600.00$
Adjust MH to Grade 10 7,500.00$
Sewer Plug 4 5,200.00$
SANITARY SEWER TOTAL 1,038,365.00$
Sanitary Sewer

SANITARY SEWER
Adjust MH to Grade 20 15,000.00$
Mains:

Sewer Plug
Miscellaneous:

Manholes:
1 4,500.00$
4" SS Lateral - Park Bathroom 1 4,500.00$
4 5,200.00$
On-Site Construction Subtotal:
8" Pipe 69 3,795.00$
391,600.00$ 24" Pipe 3,916
Manholes:

Off-Site Construction
580,670.00$
Consulting Fees:
4" SS Laterals 147 88,200.00$
Cleanouts 5
8" Pipe 6,664 366,520.00$
48" Standard Manhole
Miscellaneous:
1,750.00$
20 95,000.00$
On-Site Construction
Mains:
457,695.00$ Off-Site Construction Subtotal:
306
Item & Description Unit Price UnitQuantity Total

70.00$ LF

55.00$ LF
2,500.00$ EA
3,000.00$ EA
3,000.00$ EA
750.00$ EA
2,200.00$ EA
8,000.00$ EA
4,500.00$ EA
6,000.00$ LS
35,000.00$ LS
12,000.00$ LS
2,250.00$ LS

70.00$ LF
3,500.00$ EA
750.00$ EA
3,000.00$ EA
3,000.00$ EA
Water - Reimbursable 1 2,250.00$
Irrigation Meter (4") - Park 1
Special Assemblies:

Fire Hydrants Assemblies 22 99,000.00$
107,500.00$
Water Blow-off - Irrigation Line 1
Backflow Preventer Assembly - Park 1 6,000.00$
Booster Pump - Park 1 35,000.00$
Irrigation Controller & Equipment - Park 1 12,000.00$
Water Blow-off
3,000.00$
Adjust Valves to Grade 16 12,000.00$
7 21,000.00$
8,000.00$
WATER
Water Tie-In 2 6,000.00$
12" Valve Assembly 16 56,000.00$
Miscellaneous:

Water Blow-off 23 69,000.00$
Off-Site Construction Subtotal: 370,380.00$
On-Site Construction
Mains:
12" Pipe - Irrigation Line 786 55,020.00$
8" Pipe 7,346
43 12" Pipe 3,934 275,380.00$
404,030.00$
On-Site Construction Subtotal: 1,156,450.00$
Off-Site Construction
Mains:

Valves:
323,400.00$

WATER TOTAL
Meters:
43 32,250.00$
Domestic Water Meter (1" - 1 3/4") 147
Valves:
8" Valve Assembly
1,526,830.00$
Adjust Valves to Grade
Consulting Fees:
307
Item & Description Unit Price UnitQuantity Total
165.00$ LF
135.00$ LF

90.00$ LF

80.00$ LF

65.00$ LF
4,500.00$ EA
3,000.00$ EA
5,500.00$ EA
4,750.00$ EA
750.00$ EA
3,000.00$ EA
5,000.00$ EA
500.00$ EA
24,000.00$ LS
120.00$ LF

65.00$ LF
4,500.00$ EA
6,250.00$ EA
4,750.00$ EA
750.00$ EA
500.00$ EA
7,500.00$ EA
12,000.00$ LS
42" Pipe 1,215 200,475.00$
36" Pipe 428 57,780.00$
24" Pipe 2,192 197,280.00$
Storm Drain 1 24,000.00$
Basin Outfall Structure 3 15,000.00$
60" Standard Manhole 6 33,000.00$
Area Drain - Park 4 12,000.00$
SD Plug
Catch Basins / Drainage Inlets:

Manholes:

Electrical Pedestal - Park 1 12,000.00$
Adjust MH to Grade
48" Standard Manhole
2 1,000.00$
1,114,500.00$
On-Site Construction Subtotal: 778,595.00$
3 2,250.00$
3 14,250.00$
Off-Site Construction Subtotal:
1,448 94,120.00$
48" Standard Manhole 13
6,250.00$
15" Pipe
City Standard Drainage Inlet 4 18,000.00$
24" Pipe 117

STORM DRAIN
Off-Site Construction
Mains:
379
Miscellaneous:

Tie-in to Existing 1 3,000.00$
Miscellaneous:

Adjust MH to Grade 19 14,250.00$
SD Plug 4 2,000.00$
24,635.00$
14,040.00$
48" - FMFCD B-1 Case I w/ G-5 gate valve 1
293 23,440.00$
15" Pipe
1,114,500.00$
1,102,500.00$

DRY UTILITIES
80,425.00$ Off-Site Construction Subtotal:

STORM DRAIN TOTAL 859,020.00$
Off-Site Construction
Applicant Install Utilities 147

DRY UTILITIES TOTAL
On-Site Construction
Mains:
61,750.00$
Manholes:

Catch Basins / Drainage Inlets:

City Standard Drainage Inlet 9 40,500.00$
18" Pipe
Consulting Fees:
308
Item & Description Unit Price UnitQuantity Total

20.00$ LF

3.50$ SF

4.50$ SF
4,600.00$ LS

5.00$ LF
1,800.00$ EA

6.00$ SF

20.00$ LF

3.50$ SF
1,800.00$ EA

9.00$ SF

6.00$ SF

20.00$ LF

2.40$ SF

8.40$ LF
1,985.00$ EA

3.00$ SF

0.08$ SF
15,000.00$ LS

90.00$ EA
15,000.00$ LS

5.30$ SF

3.25$ SF

5.70$ SF

0.08$ SF

2.56$ LF
30,623.00$ LS
Sawcut 1,605
Traffic 1 15,000.00$
Stamped Concrete 3,064 27,576.00$
Concrete - North/Bethel Ramps 2,848 17,088.00$
6" Median Curb 2,403 48,060.00$

STREET PAVING TOTAL
On-Site Construction
Asphalt Parking Lot - Park 43,609 130,827.00$
Off-Site Construction Subtotal:
46,800.00$
93,993.25$
7 32,200.00$
677,635.00$
$731,688.84
ADA Ramps
238,674.00$
916,309.00$ CONCRETE TOTAL
Miscellaneous:

Off-Site Construction
3,556
26 CONCRETE
9,720.00$
525,439.20$
15,000.00$
Off-Site Construction
30,623.00$

STREET PAVING
Valley Gutters
Striping & Signage 1
2" AC / 4" AB - On-site Streets
Barricades 108
218,933
On-Site Construction Subtotal:

Off-Site Construction Subtotal:
28,921
Stamped Concrete 3,293 14,818.50$
On-Site Construction Subtotal:
5,333 28,264.90$

4.5" AC / 7.5" AB - Bethel Avenue 79,893 455,390.10$

4.5" AC / 7.5" AB - North
1,355,576.25$
Striping & Signage

2.5" AC / 4" AB - Muscat Avenue
Miscellaneous:

Sidewalk 17,780
143,842
AC Dike 1,220 10,248.00$
Sidewalk - Park 25,479 152,874.00$
8" Concrete Mow Curb 242 1,210.00$
On-Site Construction
4,108.80$
24" Curb & Gutter 12,307 246,140.00$
Sidewalk 52,455 183,592.50$
24" Curb & Gutter
ADA Ramps 7 12,600.00$
7,940.00$
Fog Seal 218,933 17,514.64$
Fog Seal
62,230.00$
71,120.00$
1 623,887.41$
AC Dike Speed Humps 4
Consulting Fees:
11,507.36$
309
Item & Description Unit Price UnitQuantity Total
150.00$ EA
150.00$ EA
150.00$ EA
150.00$ EA

TRAFFIC SIGNAL
300,000.00$ EA
9,500.00$ EA
4,000.00$ EA
11,000.00$ EA

4.50$ SF
150.00$ EA

25.00$ EA
29,250.00$ LS
366,512.00$ SF
360,000.00$ LS
81,750.00$ LS
179,700.00$ LS
125,000.00$ EA
110.00$ CY
26,000.00$ EA
35,000.00$ EA
1,500.00$ EA
4,000.00$ EA
On-Site Construction Subtotal:

Benches 16 64,000.00$
Backstops 4 104,000.00$
Bleachers 16 560,000.00$
Trash Receptacles

TRAFFIC SIGNAL TOTAL
6,600.00$
Irrigation - Materials 0.57 208,911.84$
Irrigation - Labor 1 360,000.00$
Planting - Materials 1 81,750.00$
Site Lights - Parking Lot 21 84,000.00$
450.00$
1 125,000.00$
Playground Mulch 60

STREET SIGNS TOTAL
1 $300,000.00
17 2,550.00$
16 2,400.00$
5,550.00$
Stop Signs w/ Pole 1
2,700.00$
575,000.00$

LANDSCAPING

LANDSCAPING TOTAL
Off-Site Construction Subtotal: $187,000.00
338,499.00$
Consulting Fees:
2 3,000.00$
Planting - Labor 1 179,700.00$
Playground Equipment
Street Signs w/ Pole
Stop Signs w/ Pole
147 22,050.00$
Mailbox 147 3,675.00$
On-Site Construction Subtotal:
2,850.00$
150.00$
Off-Site Construction Subtotal:

Off-Site Construction
Off-Site Construction
Misc. Signs
North and Bethel - Signal Modification

STREET LIGHTS

STREET LIGHTS TOTAL
393,474.00$
$388,000.00
PG&E Standard Street Lights 32 304,000.00$
On-Site Construction
Landscape & Irrigation 75,222
Off-Site Construction
Recreation 1 29,250.00$
On-Site Construction Subtotal:
3 On-Site Construction
$300,000.00
On-Site Construction

STREET SIGNS
$300,000.00
2,086,435.84$
Park Construction Subtotal: 1,692,961.84$
Street Trees
Park
PG&E Standard Street Lights 17 $187,000.00
Off-Site Construction Subtotal:
310
Item & Description Unit Price UnitQuantity Total
152.00$ LF
140.00$ LF
128.00$ LF
117.00$ LF
106.00$ LF

80.00$ LF

75.00$ LF

65.00$ LF

60.00$ LF

55.00$ LF
60,000.00$ AC

SUMMARY
15%
7'-4" 6" Block Wall (Split Faced) 381 44,577.00$
276 17,940.00$

WALLS & FENCES
9'-4" 6" Block Wall (Split Faced) 60 9,120.00$
WALLS & FENCES TOTAL $378,702.00

SITE GRADING
3'-4" Retaining Wall W/ Wood Fence 622 46,650.00$
424
$36,000.00
6'-8" 6" Block Wall (Split Faced)
2'-8" Retaining Wall W/ Wood Fence
On-Site Construction
8'-8" 6" Block Wall (Split Faced)
On-Site Construction Subtotal:
1,712,741.43$
13,131,017.60$
916,309.00$
8'-0" 6" Block Wall (Split Faced) 258
TOTAL CONSTRUCTION SUBTOTAL:

FEES
Off-Site Construction

WALLS & FENCES

LANDSCAPING

STREET LIGHTS

TRAFFIC SIGNAL

STREET SIGNS
1,114,500.00$
859,020.00$
1,526,830.00$
5,550.00$
300,000.00$
575,000.00$
2,086,435.84$
378,702.00$
1,355,576.25$
11,418,276.17$
TOTAL ESTIMATE IMPROVEMENT COST:

CONTINGENCY:
1,038,365.00$
828,318.46$
50,540.00$
181 19,186.00$
33,024.00$
4'-0" Retaining Wall W/ Wood Fence 141 11,280.00$
Right of Way Acquisition - Bethel Ave. 0.60
397,669.62$

STREET PAVING

CONCRETE

DRY UTILITIES

STORM DRAIN
WATER

SANITARY SEWER
25,440.00$
$378,702.00
2'-0" Retaining Wall W/ Wood Fence
361
Basin Fencing 2,199 120,945.00$
Off-Site Construction Subtotal: $36,000.00
FEES TOTAL $36,000.00
FEES 36,000.00$

DEMOLITION & REMOVAL
311

EXHIBIT B

COST ESTIMATE FOR REIMBURSABLE AND

FEE-CREDITABLE IMPROVEMENTS

312
EXHIBIT "B"

COST ESTIMATE FOR REIMBURSABLE AND FEE CREDITABLE IMPROVEMENTS

SANITARY SEWER
Frontage Sewer Lines1
Item No. Description Quantity Unit Unit Price Total Price 1 8" Sewer Pipe - Bethel Frontage 1,308 LF 55$ 71,940.00$ TOTAL OFFSITE SEWER SERVICE LINE COSTS 71,940.00$
Master Planned Trunk Mains and Major Facilities2
Item No. Description Quantity Unit Unit Price Total Price 1 24" Sewer Trunk Pipeline 3916 LF 100$ 391,600.00$ 2 Less Cost of 8" Pipeline 3916 LF (55)$ (215,380.00)$ 3 60" Sanitary Sewer Manholes on Trunk Line 2 EA 5,500$ 11,000.00$ 4 Less Cost of Std. 48" Sanitary Sewer Manholes 2 EA (4,750)$ (9,500.00)$ 5 Professional Services Fees 1 LS 4,500$ 4,500.00$ TOTAL MASTER PLANNED TRUNK MAINS AND MAJOR FACILITIES COSTS 182,220.00$ WATER
Frontage Water Lines3
Item No. Description Quantity Unit Unit Price Total Price 1 8" Water Pipe - Bethel Frontage 1,312 LF $55.00 $72,160.00 TOTAL OFFSITE WATER SERVICE LINE COSTS $72,160.00
Master Planned Water Mains and Major Facilities 4
Item No. Description Quantity Unit Unit Price Total Price 1 12" Water Main Pipeline 3934 LF 70$ 275,380.00$ 2 Less Cost of 8" Pipeline 3934 LF (55)$ (216,370.00)$ 3 12" Water Valves 6 EA 3,500$ 21,000.00$
4 Less Cost of 8" Water Valves 6 EA (2,500)$ (15,000.00)$ 5 Professional Services Fees 1 LS 2,250$ 2,250.00$ TOTAL MASTER PLANNED TRUNK MAINS AND MAJOR FACILITIES COSTS 67,260.00$

STORM DRAINAGE/FLOOD CONTROL
Master Planned Storm Drain Facilities5
Item No. Description Quantity Unit Unit Price Total Price 1 Basin Land Acquisition 5.23 AC 85,000$ 444,550.00$ 2 Basin Excavation 47650 CY 2.25$ 107,213.00$ 3 Basin Landscaping 20652 SF 5$ 103,260.00$ 4 Basin Fencing 2199 LF 55$ 120,945.00$
5 Basin Outfall 1 EA 5,000$ 5,000.00$
6 15" Storm Drain Pipeline 36 LF 65$ 2,340.00$ 7 18" Storm Drain Pipeline 134 LF 80$ 10,720.00$ 8 24" Storm Drain Pipeline 2309 LF 90$ 207,810.00$ 9 36" Storm Drain Pipeline 428 LF 135$ 57,780.00$ 10 42" Storm Drain Pipeline 1215 LF 165$ 200,475.00$ 11 48" SDMH 10 EA 4,750$ 47,500.00$
12 60" SDMH 6 EA 5,500$ 33,000.00$
13 48" SDMH with Gate Valve 1 EA 6,250$ 6,250.00$ 14 Adjust SDMH to Grade 16 EA 750$ 12,000.00$ 15 Professional Services Fees 1 LS 24,000$ 24,000.00$ Subtotal = 1,382,843.00$
Park Storm Drain Facilities (Park Lower Level)5
1 Clearing & Grubbing 1 LS 37,413$ 37,413.00$
2 Basin Excavation 71500 CY 2.25$ 160,875.00$ 3 Basin Fine Grading 1 LS 14,113$ 14,113.00$
4 15" Storm Drain Pipeline 1102 LF 65$ 71,630.00$ 5 Drain Inlets 4 EA 3,000$ 12,000.00$
6 Basin Outfall 1 EA 3,000$ 3,000.00$
7 Landscape Planting 1 LS 210,830$ 210,830.00$
8 Irrigation 1 LS 601,502$ 601,502.00$
Subtotal = 1,111,363.00$
TOTAL STORM DRAINAGE/FLOOD CONTROL COSTS 2,494,206.00$ 313
EXHIBIT "B"

COST ESTIMATE FOR REIMBURSABLE AND FEE CREDITABLE IMPROVEMENTS TRAFFIC6
Bethel Avenue Center Travel Lane Improvements
Item No. Description Quantity Unit Unit Price Total Price 1 Roadway Demolition 33235 SF 1.00$ 33,235.00$ 2 Roadway Excavation 1618 CY 3.50$ 5,663.00$ 3 Compact and Subgrade 58616 SF 0.20$ 11,723.00$ 4 Median Stamped Concrete 3064 SF 9.00$ 27,576.00$ 5 Median Curb 2403 LF 20.00$ 48,060.00$
6 Median Landscaping 10510 SF 5.00$ 52,550.00$ 7 Curb Ramps (North and Bethel Intersection) 2848 SF 6.00$ 17,088.00$ 8 Bethel and North Intersction HMA Paving 4170 SF 5.70$ 23,769.00$ 9 Bethel Avenue Mainline HMA Paving 43415 SF 5.70$ 247,466.00$ 10 Professional Services Fees 1 LS 15,000$ 15,000.00$ Subtotal = 482,130.00$
Bethel and North Traffic Signal Improvements
1 Bethel and North Traffic Signal Improvements 1 LS 300,000$ 300,000.00$ Subtotal = 300,000.00$
TOTAL TRAFFIC FACILITIES COSTS 782,130.00$

PARKS & RECREATION
Parks Facilities7
Item No. Description Quantity Unit Unit Price Total Price 1 Clearing & Grubbing 1 LS 40,088$ 40,088.00$
2 Parking Lot and Concrete Grading 1 LS 37,420$ 37,420.00$ 3 Parking Lot and Park Concrete 1 LS 162,014$ 162,014.00$ 4 Parking Lot Paving 1 LS 133,827$ 133,827.00$
5 Sanitary Sewer Service 1 LS 14,800$ 14,800.00$ 6 Domestic Water Service 1 LS 14,500$ 14,500.00$ 7 Dry Utility Service & EV Charging Station 1 LS 28,500$ 28,500.00$ 8 Site Lighting 20 EA 4,000$ 80,000.00$
9 Field Lighting - Underground 1 LS 14,000$ 14,000.00$ 10 Field Lighting - Installation 12 EA 10,833$ 130,000.00$ 11 Park Furniture (receptacles, benches, bollards, etc.) 1 LS 35,500$ 35,500.00$ 12 Field Fencing, Sidewalk, Benches and Backstops 1 LS 221,154$ 221,154.00$ 13 Playground 1 EA 125,000$ 125,000.00$
14 Restroom Building 1 EA 150,000$ 150,000.00$
15 Restroom/Concession Building 1 EA 200,000$ 200,000.00$ 16 Landcape Planting 1 LS 61,831$ 61,831.00$
17 Irrigation 1 LS 183,573$ 183,573.00$
18 Professional Services Fees 1 LS 29,250$ 29,250.00$ TOTAL PARKS & RECREATION FACILITIES COSTS 1,661,457.00$

GROUNDWATER RECHARGE
Groundwater Recharge Facilities8
Item No. Description Quantity Unit Unit Price Total Price 1 Intertie to Winery Lateral including Structures/Meter 1 LS 11,500$ 11,500.00$ 2 12" Intertie Pipeline 47 LF 70$ 3,290.00$ TOTAL GROUNDWATER RECHARGE FACILITIES COSTS 14,790.00$ Notes:
1 Fee Creditable/Reimbursable from future collection of Sewer Front Footage Fees 2 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Sanitary Sewer Development Impact Fees 3 Fee Creditable/Reimbursable from future collection of Water Front Footage Fees 4 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Water Development Impact Fees 5 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Storm Drainage Development Impact Fees 6 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Traffic Facility Development Impact Fees 7 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Parks and Recreation Development Impact Fees 8 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Groundwater Recharge Development Impact Fees 314

EXHIBIT C

IMPACT FEES, FEE CREDITS, AND REIMBURSEMENTS

315
EXHIBIT "C"

IMPACT FEES, FEE CREDITS AND REIMBURSEMENTS
Fee Type Quantity Unit
Impact Fee Unit
Costs
Total Impact
Fees
Eligible
Construction Costs 2 Fee Credits
Impact Fees
Due
Final Reimbursement
at Project
Completion
Sanitary Sewer Collection (Area 2) 147 Lot 1,642$ 241,374$ 182,220$ 182,220$ 59,154$ -$ Sanitary Sewer Treatment (Area 2) 147 Lot 6,800$ 999,600$ -$ -$ 999,600$ -$ Sewer Front Footage 1
1945 Front Foot 29.50$ 57,378$ 71,940$ 57,378$ -$ 14,563$ Water Service 147 Lot 1,622$ 238,434$ 67,260$ 67,260$ 171,174$ -$ Water Front Footage 1
1945 Front Foot 27.50$ 53,488$ 72,160$ 53,488$ -$ 18,673$ Storm Drain/Flood Control (Area DR-2) 147 Lot 5,475$ 804,825$ 2,494,206$ 804,825$ -$ 1,689,381$ Traffic Facilities 147 Lot 1,993$ 292,971$ 782,130$ 292,971$ -$ 489,159$ Parks and Recreation Facilities (Region 3) 147 Lot 2,490$ 366,030$ 1,661,457$ 366,030$ -$ 1,295,427$ Public Safety Facilities (Police) 147 Lot 1,538$ 226,086$ -$ -$ 226,086$ -$ Public Safety Facilities (Fire) 147 Lot 1,586$ 233,142$ -$ -$ 233,142$ -$ Solid Waste Major Facilities 147 Lot 440$ 64,680$ -$ -$ 64,680$ -$ Groundwater Recharge 294000 Bldg SF 3

0.20$ 58,800$ 14,790 $ 14,790 $ 44,010 $ - $ TOTAL 3,636,807$ 5,346,163 $ 1,838,961 $ 1,797,846 $ 3,507,202 $ Notes:
1 Frontage length along North Avenue and Bethel Avenue only for Phase 1. Frontage for future phases will include Greenwood Avenue. No fee assessed for Muscat Avenue 2 Refer to Exhibit B for Fee Creditable and Reimbursable Costs allowed 3 Fee calculated on total building square footage within the subdivision (assumed as 147 lots x 2000 SF average) 316
01236.0105/831126.1

EXHIBIT C

Improvement and Credit/Reimbursement Agreement for Tract No. 6431

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01236.0105/697714.6

IMPROVEMENT AND CREDIT / REIMBURSEMENT AGREEMENT

TRACT NO. 6431

This Improvement And Credit / Reimbursement Agreement (“Agreement”) is entered into this _____ day of _________________, 202 5, by and between the City of Sanger, a California municipal corporation (“City”), and SJV Horizontal, LLC, a Delaware limited liability com pany (Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS

WHEREAS, Developer is the owner of approximatel y 38 acres generally located at the northeast corner of Bethel Avenue and the Muscat Avenue alignment in the City of Sanger, more specifically described in the legal description set forth in Exhibit “A” attached hereto and incorporated herein by this reference (“Property”); and

WHEREAS, Developer has obtained from City certain entitlements and/or permits for the construction of improvements on the Property, including a final map for 147 residential units and 2 outlots, more particularly described on Final Map for Tract 6431 (“FM”) (“Project”); and

WHEREAS, Developer will construct offsite improvements related to the Project as further described in the Subdivision Agreement: Final Map of Tract No . 6431 (“Subdivision Agreement), which was entered into prior to approval of the FM; and

WHEREAS, pursuant to Section 66484 of the California Government Code, Section 50 - 29 of the Sanger Municipal Code, and City Ordinance 8-21 and subsequent Resolution(s), the City of Sanger requires Developer to pay fees or install improvements to help cover the Dev eloper’s fair share of the costs; and

WHEREAS, certain offsite improvements required to be installed by Developer exceed the Developer’s fair share of costs, but are necessary to ensure the public health, safety, and welfare arising from the Project and are necessary for the development of the Project; and

WHEREAS, those offsite improvements eligible for reimbursement are specified in the Subdivision Agreement, including Exhibits B and C thereto (“Improvements”); and

WHEREAS, City and Developer desire to enter into an agreement to provide for allowable credits and reimbursements by the City to Developer for certain costs of design and construction of the Improvements in recognition of the benefit of these improvements to futur e development and the City; and

WHEREAS, City and Developer desire this Agreement to allow apportionment of credits over the real property identified in Exhibit A hereto, and assignment and assumption of this Agreement consistent with Exhibit C hereto.
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AGREEMENT

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows:

1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. All attachments to this Agreement as Exhibits are incorporated into this Agreement by this reference.

2.0 Construction of Improvements. Developer shall construct or have constructed, at its own cost and expense, the Improvements as required by the Subdivision Agreement.

3.0 Fees Credit and Eligible Costs Reimbursement.

3.1 Allowable Credit. The City shall credit the Developer for all amounts spent, or authorized to be spent, in connection with the design, acquisition and development of the Improvements including, the costs of land if eligible, construction and inspection, engineering, and consulting fees (“Costs”) associated with construction of the Improvements, up to an amount not to exceed $5,346,163 (“Programmed Costs”) as shown in Exhibit B, except as otherwise set forth in Section 3.4 below.

3.1.1 The determination of actual construction costs shall be based on the City-approved unit bid prices as submitted by the lowest responsive and responsible bidder multiplied by the actual installed quantities as shown in the contract documents to be approved by the City. Credit shall be limited to quantities shown on City-approved contract documents for the Improvements, including change orders approved by the City Engineer. For construction change orders to be given consideration for credit, the Developer must:
(a) Notify City of any proposed change order, preferably in advance of performance of change order work. (Any change order work authorized by the Developer without the City’s prior consent is done solely at the Developer’s risk and is subject to denial by the City, based upon the merits of the proposed change order.)
(b) Evaluate the change order request and present determination of its validity and estimated cost along with supporting information to City. (c) Fully document any work performed under a change order to verify all associated costs.

3.1.2 Failure to comply with any of these procedures will result in the ineligibility of the requested change order for credit. The City shall not unreasonably withhold approval of proposed change orders.
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3.1.3 In order to secure final credit, Developer shall provide the following items to the City in order for the City to determine construction costs for the Improvements that qualify for credit:
(a) Final Record Drawings, and Developer’s civil engineer’s cost estimate.
(b) List of bidders from who bids were requested;
(c) Copies of the original contract with the contractor or consultant and any change orders that have been agreed to by the Developer, contractor, and the City. The portion of each change order associated with the Improvements must be itemized separately; (d) Copies of all invoices, with unconditional lien releases, submitted by the contractor and/or consultant;
(e) Copies of all checks issued by the Developer with related invoices indicated, including canceled checks for payments made (copies of both the front and back of the canceled checks);
(f) A summary tabulation (spreadsheet) of all contractor/consultant invoices and Developer payments, including check numbers; and (g) Such further documentation as may be reasonably required by the City to evidence the completion of construction and the payment of each item of cost and invoice

3.1.4 City shall make all determinations as to eligibility within 30 days of receipt of construction information. If credit is denied, the City shall provide written notification in accordance with Section 4.5.

3.2 Limitation on Fee Credits . Notwithstanding Section 3.1 above, for any particular type of facility (i.e. sewer, water, roadways and parks), the amount of fee credits granted to Developer for that type of facility pursuant to this Agreement shall not exceed the fee obligation due from the Developer for that facility type. If the amount of credit from Section 3.1 for a particular facility type exceeds the fee obligation for the Developer for that facility type, the remaining balance shall be paid as a r eimbursement to Developer pursuant to the procedures set forth in Section 3.3 below, unless Developer requests that all or a portion of the reimbursements be designated as credits to be assigned per Section 3.7 below to other properties. The fee obligation and fee credits are shown in Exhibit B.

3.3 Reimbursements. If Developer is owed a reimbursement for any costs of the Improvements, the priority of such reimbursement shall be based on the execution date of the Credit/Reimbursement Agreement, with first in time receiving first reimbursement. The City shall set asi de not less than 50% of Impact Fees received from future development to pay reimbursements as it collects fee revenues within the applicable fee program. Such payments shall be made by the City annually as funds become available. Th e fee reimbursements are shown in 320
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Exhibit B. Notwithstanding the foregoing, the obligation arising from this Agreement is not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property, or upon any of its income, receipts, revenues, and is payable only from the development fees deposited in the account for that specific fee program.

3.4 Adjustment to Programmed Costs . If, when the final reconciliation of construction costs for the Improvements is conducted by the City, the actual construction costs for any of the Improvements exceeds the Programmed Costs or the cost identified in the fee program for such Improvements , the Engineer shall review items identified in Section 3.1.3 above and determine if the programmed costs that will be credited/reimbursed to the Developer should be increased above the amount shown in Section 3.1.3 of this Agreement. Such an adjustment to the programmed costs for the Improvements shall occur at the sole discretion of the City. The Director shall determine how much of the actual construction costs should be included in an increase to the programmed costs, which would be deemed the cost overrun. The Director shall consider the following items to determine whether an adjustment to the programmed costs is warranted:

3.4.1 Has the cost overrun occurred for reasons that are outside the control of the City or the Developer, including but not limited to (i) an increase in land costs or unit costs since the Fee Program was adopted, (ii) new, increased or augmented state or federal mandates or requirements, or (iii) new City standards that did not exist when the Fee Program was adopted?

3.4.2 Can the Impact Fees be increased to cover the cost overrun without rendering the remaining development within the Fee Program infeasible?

3.4.3 If the Director concludes that an adjustment to the Programmed Costs for the Improvements is appropriate, the City shall include the cost overrun in the next update to the applicable fee program upon request of Developer.

3.5 Application of Fee Credit . Fee credits provided pursuant to this Agreement shall be applied to the Project at building permit consistent with City policy. Based on the type of Improvements covered by this Agreement, such fee credits shall only apply to the fees within the specific fee program.

3.6 Index. Fee credits or reimbursements shall be adjusted based on the approved index within the fee program, if any. Any changes to the approved fee program index shall also apply to the fee credits or reimbursements secured by this Agreement.

4.0 Miscellaneous.

4.1 Assignment. Developer may assign all or a portion of its rights and obligations pursuant to this Agreement to a purchaser of a portion or portions of the Property (“Assignment”).

Developer and such purchaser and assignee ("Assignee") shall provide to City such reas onable proof as it may require that Assignee is the purchaser of such portions of the Property, provided that City hereby agrees that a copy of the deed or conveyance document shall be sufficient proof.

Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assignment agreement in the form attached hereto as Exhibit “C.” 321
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4.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

4.3 Authority to Enter Agreement . Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

4.5 Notices. Any notice authorized, required, or permitted to be given hereunder shall be properly addressed to the party to be notified at the following address:

To City:

City of Sanger
1700 7th Street
Sanger, CA 93657
Attn: David Brletic, Community Development Director
Phone: (559) 876-6300 x 1520
Email: [email protected]

To Developer:

SJV Horizontal, LLC
5607 Avenida de la Robles
Visalia, CA 93291
Attention: Joseph A. Leal, Authorized Representative

Any notice shall be deemed to have been given upon actual receipt if sent by United States mail, postage prepaid, certified mail or registered mail, return receipt requested. Any notice delivered by hand delivery or sent by overnight courier shall be deem ed received on the date of actual receipt or upon refusal of delivery. Notice given by e -mail by the City shall be effective upon transmission unless notice of a failure of transmission is received by the City. The recipient of an e-mail notice shall have an affirmative obligation to send an e-mail response acknowledging the receipt of the e -mail and if such acknowledgment is not provided, a copy of any notice delivered by e-mail shall also be delivered as required by the first sentence of this paragraph. Any address for notice may be changed by ten (10) days’ prior written notice to the other party of such address change in the manner provided above.

4.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 322
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4.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days or period for performance shall be deemed calendar days not work days. All references to Developer include all personnel, employ ees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

4.8 Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

4.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

4.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

4.11 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

4.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

4.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.14 Consent to Jurisdiction and Venue . This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertake n pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Fresno, California. Each Party waives the 323
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benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or tha t a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

4.15 Time is of the Essence . Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the Parties hereto, their successors and assigns.

4.16 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

4.17 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

[SIGNATURES OF PARTIES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY
City of Sanger
a General Law City

By _______________________
Nathan Olson, City Manager

(Attach Notary Acknowledgment)

ATTEST:

By: _______________________
Rebeca Padron, City Clerk

Dated: __________________________

APPROVED AS TO FORM:

By: _______________________
Hilda Cantu Montoy
City Attorney

DEVELOPER
SJV Horizontal, LLC, a Delaware limited
liability company

By: SJV Homes, LLC a Delaware limited
liability company, its Sole Member

By: SJV Intermediate Holdings Finco, LLC a
Delaware limited liability company, its Sole
Member

By: SJV Holdings, LLC a Delaware limited
liability company, its Sole Member

By: ________________________________
Joseph A. Leal, Authorized Representative

(Attach Notary Acknowledgment)
325

01236.0105/697714.6

EXHIBIT A

EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

Real property in the City of Sanger, County of Fresno, State of California, described as follows:

LOTS 1-147, INCLUSIVE, AND LOTS A & B OF THE FINAL MAP OF TRACT NO. 6431 ACCORDING TO THE MAP THEREOF RECORDED ON __________________, 202 5 IN VOLUME ___ OF PLATS AT PAGE(S) ______, FRESNO COUNTY RECORDS.

326
01236.0105/697714.6 EXHIBIT B
EXHIBIT “B”

ESTIMATED COSTS FOR IMPROVEMENTS
327
EXHIBIT "B"

COST ESTIMATE FOR REIMBURSABLE AND FEE CREDITABLE IMPROVEMENTS

SANITARY SEWER
Frontage Sewer Lines1
Item No. Description Quantity Unit Unit Price Total Price 1 8" Sewer Pipe - Bethel Frontage 1,308 LF 55$ 71,940.00$ TOTAL OFFSITE SEWER SERVICE LINE COSTS 71,940.00$
Master Planned Trunk Mains and Major Facilities2
Item No. Description Quantity Unit Unit Price Total Price 1 24" Sewer Trunk Pipeline 3916 LF 100$ 391,600.00$ 2 Less Cost of 8" Pipeline 3916 LF (55)$ (215,380.00)$ 3 60" Sanitary Sewer Manholes on Trunk Line 2 EA 5,500$ 11,000.00$ 4 Less Cost of Std. 48" Sanitary Sewer Manholes 2 EA (4,750)$ (9,500.00)$ 5 Professional Services Fees 1 LS 4,500$ 4,500.00$ TOTAL MASTER PLANNED TRUNK MAINS AND MAJOR FACILITIES COSTS 182,220.00$ WATER
Frontage Water Lines3
Item No. Description Quantity Unit Unit Price Total Price 1 8" Water Pipe - Bethel Frontage 1,312 LF $55.00 $72,160.00 TOTAL OFFSITE WATER SERVICE LINE COSTS $72,160.00
Master Planned Water Mains and Major Facilities 4
Item No. Description Quantity Unit Unit Price Total Price 1 12" Water Main Pipeline 3934 LF 70$ 275,380.00$ 2 Less Cost of 8" Pipeline 3934 LF (55)$ (216,370.00)$ 3 12" Water Valves 6 EA 3,500$ 21,000.00$
4 Less Cost of 8" Water Valves 6 EA (2,500)$ (15,000.00)$ 5 Professional Services Fees 1 LS 2,250$ 2,250.00$ TOTAL MASTER PLANNED TRUNK MAINS AND MAJOR FACILITIES COSTS 67,260.00$

STORM DRAINAGE/FLOOD CONTROL
Master Planned Storm Drain Facilities5
Item No. Description Quantity Unit Unit Price Total Price 1 Basin Land Acquisition 5.23 AC 85,000$ 444,550.00$ 2 Basin Excavation 47650 CY 2.25$ 107,213.00$ 3 Basin Landscaping 20652 SF 5$ 103,260.00$ 4 Basin Fencing 2199 LF 55$ 120,945.00$
5 Basin Outfall 1 EA 5,000$ 5,000.00$
6 15" Storm Drain Pipeline 36 LF 65$ 2,340.00$ 7 18" Storm Drain Pipeline 134 LF 80$ 10,720.00$ 8 24" Storm Drain Pipeline 2309 LF 90$ 207,810.00$ 9 36" Storm Drain Pipeline 428 LF 135$ 57,780.00$ 10 42" Storm Drain Pipeline 1215 LF 165$ 200,475.00$ 11 48" SDMH 10 EA 4,750$ 47,500.00$
12 60" SDMH 6 EA 5,500$ 33,000.00$
13 48" SDMH with Gate Valve 1 EA 6,250$ 6,250.00$ 14 Adjust SDMH to Grade 16 EA 750$ 12,000.00$ 15 Professional Services Fees 1 LS 24,000$ 24,000.00$ Subtotal = 1,382,843.00$
Park Storm Drain Facilities (Park Lower Level)5
1 Clearing & Grubbing 1 LS 37,413$ 37,413.00$
2 Basin Excavation 71500 CY 2.25$ 160,875.00$ 3 Basin Fine Grading 1 LS 14,113$ 14,113.00$
4 15" Storm Drain Pipeline 1102 LF 65$ 71,630.00$ 5 Drain Inlets 4 EA 3,000$ 12,000.00$
6 Basin Outfall 1 EA 3,000$ 3,000.00$
7 Landscape Planting 1 LS 210,830$ 210,830.00$
8 Irrigation 1 LS 601,502$ 601,502.00$
Subtotal = 1,111,363.00$
TOTAL STORM DRAINAGE/FLOOD CONTROL COSTS 2,494,206.00$ 328
EXHIBIT "B"

COST ESTIMATE FOR REIMBURSABLE AND FEE CREDITABLE IMPROVEMENTS TRAFFIC6
Bethel Avenue Center Travel Lane Improvements
Item No. Description Quantity Unit Unit Price Total Price 1 Roadway Demolition 33235 SF 1.00$ 33,235.00$ 2 Roadway Excavation 1618 CY 3.50$ 5,663.00$ 3 Compact and Subgrade 58616 SF 0.20$ 11,723.00$ 4 Median Stamped Concrete 3064 SF 9.00$ 27,576.00$ 5 Median Curb 2403 LF 20.00$ 48,060.00$
6 Median Landscaping 10510 SF 5.00$ 52,550.00$ 7 Curb Ramps (North and Bethel Intersection) 2848 SF 6.00$ 17,088.00$ 8 Bethel and North Intersction HMA Paving 4170 SF 5.70$ 23,769.00$ 9 Bethel Avenue Mainline HMA Paving 43415 SF 5.70$ 247,466.00$ 10 Professional Services Fees 1 LS 15,000$ 15,000.00$ Subtotal = 482,130.00$
Bethel and North Traffic Signal Improvements
1 Bethel and North Traffic Signal Improvements 1 LS 300,000$ 300,000.00$ Subtotal = 300,000.00$
TOTAL TRAFFIC FACILITIES COSTS 782,130.00$

PARKS & RECREATION
Parks Facilities7
Item No. Description Quantity Unit Unit Price Total Price 1 Clearing & Grubbing 1 LS 40,088$ 40,088.00$
2 Parking Lot and Concrete Grading 1 LS 37,420$ 37,420.00$ 3 Parking Lot and Park Concrete 1 LS 162,014$ 162,014.00$ 4 Parking Lot Paving 1 LS 133,827$ 133,827.00$
5 Sanitary Sewer Service 1 LS 14,800$ 14,800.00$ 6 Domestic Water Service 1 LS 14,500$ 14,500.00$ 7 Dry Utility Service & EV Charging Station 1 LS 28,500$ 28,500.00$ 8 Site Lighting 20 EA 4,000$ 80,000.00$
9 Field Lighting - Underground 1 LS 14,000$ 14,000.00$ 10 Field Lighting - Installation 12 EA 10,833$ 130,000.00$ 11 Park Furniture (receptacles, benches, bollards, etc.) 1 LS 35,500$ 35,500.00$ 12 Field Fencing, Sidewalk, Benches and Backstops 1 LS 221,154$ 221,154.00$ 13 Playground 1 EA 125,000$ 125,000.00$
14 Restroom Building 1 EA 150,000$ 150,000.00$
15 Restroom/Concession Building 1 EA 200,000$ 200,000.00$ 16 Landcape Planting 1 LS 61,831$ 61,831.00$
17 Irrigation 1 LS 183,573$ 183,573.00$
18 Professional Services Fees 1 LS 29,250$ 29,250.00$ TOTAL PARKS & RECREATION FACILITIES COSTS 1,661,457.00$

GROUNDWATER RECHARGE
Groundwater Recharge Facilities8
Item No. Description Quantity Unit Unit Price Total Price 1 Intertie to Winery Lateral including Structures/Meter 1 LS 11,500$ 11,500.00$ 2 12" Intertie Pipeline 47 LF 70$ 3,290.00$ TOTAL GROUNDWATER RECHARGE FACILITIES COSTS 14,790.00$ Notes:
1 Fee Creditable/Reimbursable from future collection of Sewer Front Footage Fees 2 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Sanitary Sewer Development Impact Fees 3 Fee Creditable/Reimbursable from future collection of Water Front Footage Fees 4 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Water Development Impact Fees 5 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Storm Drainage Development Impact Fees 6 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Traffic Facility Development Impact Fees 7 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Parks and Recreation Development Impact Fees 8 Fee Creditable/Reimbursable from existing fund balance and/or future collection of Groundwater Recharge Development Impact Fees 329

EXHIBIT “C”

ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made as of the ______ day of _____________, ______ by: (i) ________________, a ________________ ("Assignor"), and (ii) __________________________________, a _________________________ ("Assignee").

RECITALS
A. Concurrently with the execution and delivery hereof, pursuant to a certain Agreement of Purchase and Sale dated ________, __________ (the "Purchase Agreement") between Assignor and Assignee, Assignor is conveying to Assignee all of Assignor’s right, title and interest in and to the real property described on Exhibit A attached hereto and made a part hereof (the “Property”).

B. It is the desire of Assignor to hereby sell, assign, transfer, convey, set -over and deliver to Assignee all of Assignor’s right, title and interest in and to that certain Improvement Credit / Reimbursement Agreement between Assignor, as Developer, and the City of Sanger, a California municipal corporation, dated as of _____________, 2024 (the "Agreement").

AGREEMENT

1. Subject to the terms of the Purchase Agreement, Assignor does hereby sell, assign, transfer, set-over and deliver unto Assignee, its successors and assigns, all right, title and interest of Assignor in and to the Agreement.

2. Assignee accepts the foregoing assignment and assumes and agrees to be bound by and to perform and observe all of the obligations, covenants, terms and conditions to be performed or observed under the Agreement arising on or after the date hereof. Assi gnee further agrees to indemnify Assignor and hold Assignor harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including, without limitation, attorneys’ fee s and expenses) asserted against or incurred by Assignor by reason of or arising out of any failure by Assignee to perform or observe the obligations, covenants, terms and conditions assumed by Assignee hereunder arising in connection with the Agreement and related to the period on or after the date hereof.

3. This Assignment may be executed in two or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Assignment.

330

IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption to be executed as of the date first written above.

Assignor: __________________________

By: ______________________________
Name: ____________________________
Its: _______________________________

Assignee: __________________________

By: ______________________________
Name: ____________________________
Its: _______________________________

APPROVED:

City of Sanger
By: ______________________________
Name: ____________________________
Its: _______________________________

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EXHIBIT D

Statement of Covenants Affecting Land Development Acknowledging Right to Farm Law for the Final Map of Tract No. 6431
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EXHIBIT E

Covenant Regarding Land Development for the Final Map of Tract No 6431 “Sanger Landscape and Lighting District No. 2
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EXHIBIT F

Covenant Regarding Land Development for the Final Map of Tract No 6431 “Community Facilities District No. 2005-01
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EXHIBIT G

Agreement for Common Use of Easements

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Date
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FREE RECORDING IN ACCORDANCE

WITH CALIFORNIA GOVERNMENT
CODE SECTIONS 6103 AND 27383

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF SANGER
1700 7TH STREET
SANGER, CA 93657
____________________________________________________________________________ The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX IS $0

AGREEMENT FOR COMMON USE OF EASEMENTS

THIS AGREEMENT FOR COMMON USE OF EASEMENTS (t his “Agreement”) is made and entered into as of _______________________, 2025, (the “Effective Date”) , by and between CONSOLIDATED IRRIGATION DISTRICT, a California Irrigation District (“District”) and the CITY OF SANGER, a general law city and municipal corporation (“City”). The District and the City are sometimes collectively referred in this Agreement as the “Parties” or singularly as a “Party” or by their individual names.

RECITALS

A. WHEREAS, District was organized on September 8, 1921, and provides water from the Kings River for irrigation and groundwater recharge; and

B. WHEREAS, the District is a California Irrigation District organized and existing under and by virtue of the Irrigation District Law, Division 11, of the California Water Code; and

C. WHEREAS, the District must have full access to and control over its facilities and the operation thereof; and

D. WHEREAS, the District holds an easement for ditches, canals, pipelines and other conveyance facilities over, under, across and through certain real property in Sanger, California and more particularly described in Exhibit “A”, which is attached hereto and incorporated herein by this reference (collectively “District Easement”). The District’s Winery Lateral Pipeline is located in the District Easement; and

E. WHEREAS, City has been offered for dedication an easement for landscape, irrigation, pedestrian and related purposes over, under, across and through certain real property in Sanger, California and more particularly described in Exhibit “B” which is attached hereto and incorporated herein by this reference (collectively “City Easement”). The City will construct and maintain street landscaping and sidewalk within the City Easement (collectively “ City Improvements”); and

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F. WHEREAS, the City Easement lies partially within the boundary of, and partially overlaps, the existing District Easement, which overlapping portion is being hereby designated as the "Area of Common Use"; and

G. WHEREAS, District and City wish to establish certain conditions under which the Area of Common Use shall be used by the Parties.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties hereby agree as follows:

1. District’s Consent. District hereby consents to the use by City of the Area of Common Use for purposes of constructing, maintaining and operating the City Improvements .

City’s use of the Area of Common Use shall be subject to (i) the District’s right to fully use the Area of Common Use for all of the District’s purposes, and (ii) the terms and conditions set forth in this Agreement. The Parties acknowledge that the District has a prior right in the Area of Common Use and the District does not by this Agreement subordinate any rights it may have in the Area of Common Use to any use thereof by the City. City acknowledges that the District, by consenting to the City’s use of the Area of Common Use, is making no representation or warranty regarding the existence or non -existence of any third -parties claiming a right, title, or interest in or to the Area of Common Use.

2. City Improvements . City shall, at its own cost and expense, and with the District’s prior written approval, locate, construct, operate, maintain, repair and replace the City Improvements in the Area of Common Use in such a manner and using such material as may be required so that the City Improvements will not at any time damage, impair or interfere with the present or future uses by the District of the District Easements. The City is specifically required to coordinate the construction of the City Improvements so that it does not interfere with the District’s water delivery, operations and maintenance schedules.

3. Ownership of Facilities/ Improvements . All of the City Improvements constructed or installed pursuant to this Agreement shall be the property of City, and all appurtenances and facilities installed by District or existing in the Area of Common Use , which are related to District's facilities , shall be the property of District. Except as herein otherwise provided, neither District nor City shall have any right, title, or control over the other's property, other than it may already have under applicable law .

4. Common Use . Except as expressly set forth herein, this Agreement shall not in any way alter, modify, or terminate the District Easements in the Area of Common Use.

Both District and City shall use the A rea of Common Use in such a manner as not to unreasonably interfere with the rights of one another and nothing herein shall be construed as a release or waiver of any claim for compensation or damages that the District or the City may now have, or may hereafter acquire, resulting from the construction or alteration of existing facilities or the construction or alteration of additional facilities by either District or City, which causes damage to or unreasonable interfer es with the use of the Area of Common Use by the other Party. Each Party shall construct, operate, or maintain their improvements in the Area of Common Use in a manner that does not diminish or restrict the ability of the other Party to use the Area of Common Use for the purpose identified in this Agreement. Neither Party 356

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shall have the right to increase the extent of their use of the Area of Common Use as identified in this Agreement, without the express written authorization of the other Party.

5. City Reimbursement .

(a) City shall be responsible to pay, and shall reimburse District upon request, for any actual reasonable cost incurred by District for work performed by District that is caused by or required by City's construction, maintenance or use of the City Improvements. District shall provide reasonable advanced written notice to the City of the necessity of such work prior to commencement .

(b) Except as described above, District and City shall be responsible for the maintenance, repair, alteration, improvement or relocation of their respective facilities within the Area of Common Use .

(c) Nothing in this Agreement shall relieve the Parties of any responsibility toward the other for damage to the other’s property located outside of the Area of Common use.

6. Indemnification .

(a) District shall not be responsible for any damage to or for the costs of replacement or repair of any City or third-party facility located in the Area of Common Use and City shall indemnify and hold District harmless for any such cost and/or damages except for any such claims arising out of the willful misconduct or sole negligence of District or its directors, officers, employees, authorized volunteers or contractors.

(b) To the fullest extent permitted by law : (i) City agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or sole negligence of the District or its directors, officers, employees , authorized volunteers or contractors , or those claims which violate the City's sovereign immunities. City agrees to defend, hold harmless, and indemnify District, its directors, officers, employees or authorized volunteers against any and all such injuries, damages, and claims arising out of the City’s use of the Area of Common Use; and (ii) District agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arisin g out of its use of the Area of Common Use, except for any such claims arising out of the willful misconduct or sole negligence of the City or its officials, officers, employees, authorized volunteers or contractors, or those claims which violate the Distr ict's sovereign immunities. District agrees to defend, hold harmless, and indemnify City, its officials, officers, employees or authorized volunteers against any and all such injuries, damages, and claims arising out of the District’s use of the Area of Common Use. This indemnification shall not be restricted to any insurance proceeds.

(c) In the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and the District or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, de mands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned 357

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under the State of California's theory of comparative negligence as presently established or as may be modified hereafter.
(d) This section shall survive termination or expiration of this Agreement.

7. Notice of Work . Except in the event of an emergency, or as necessary to maintain the flow of water in District's facilities, each Party shall give the other reasonable notice before performing or permitting any work affecting the other's facilities in the Area of Common Use, and shall furnish the other Party with plans and specifications describing the work to be done before commencement of the work. The reviewing Party shall have the right to specify reasonable conditions on, or changes in, the proposed work and schedule when necessary to prevent damage to its facilities or interference with its operations in the Area of Common Use. Neither Party shall permit installation of facilities by others in the Area of Common Use without the written consent of the other Party. Each Party agrees to repair any damage to the other Party's facilities caused by work directed or performed by it within the Area of Common Use . E xcept that , where City's facilities or the City Improvements within the Area of Common Use must necessarily be damaged, destroyed or removed by District to accommodate repair, maintenance, modification or replacement of District' s facilities, District shall have no obligation to restore City's affected facilities or City Improvements . In the event of an emergency, no such notice shall be required and either Party may proceed to do what is reasonably necessary to prevent serious loss or damage and to protect the public health and safety. An emergency shall be deemed to exist if immediate action is reasonably required to prevent serious loss or damage to life or property, or to protect the public health and safety.

8. Further Assurances. From time to time and at any time after the execution and delivery of this Agreement, each of the Parties, at its own expense, shall execute, acknowledge and deliver any further instruments, documents and other assurances reasonably requested by the other Party, and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by the other Party, to evidence or carry out the intent of this Agreement.

9. Limitations; Obligations.
(a) Prior to construction and installation of the City Improvements, City, at its sole cost and expense, shall obtain all necessary permits, licenses, authorizations, approvals or other governmental dispensations required to proceed with City’s activities pursuant to this Agreement.

(b) City shall ensure that all activities performed in the Area of Common Use with respect are performed (i) in conformance with all applicable federal and State laws and regulations, and (ii) in a good and workmanlike manner.

(c) City shall promptly pay all claims, especially those secured by a mechanic’s or materialman’s lien against the District’s Easements or any interest therein, for labor or materials furnished or alleged to have been furnished to or for City at or for use on the Area of Common Use.

(d) City agrees at all times to keep the City Improvements in a state of good and safe repair, at City’s sole cost and expense.
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10. Inspection. City agrees to notify the District’s General Manager, or his designee, at least two (2) business days before City work commences within the Area of Common Use. The District may inspect the work to ensure that the City Improvements, as built, conform to all permits, authorizations and approvals allowing for the construction and installation of the City Improvements. Such inspections may extend to all phases of the work, including, but not limited to the preparation of materials to be used. Failure of the District to detect any deviations, deficient materials or workmanship or any other defects in the City Improvements shall not (i) release the City from any obligation to correct such defects or from any liability resulting therefrom, or (ii) impose any liability on the District.

11. Term. The term of this Agreement shall be ten (10) years, commencing on the Effective Date of this Agreement and ending on the tenth (10 th) anniversary thereof. After the initial ten (10) years, the term of this Agreement is automatically extended for additional one (1)- year terms, unless at least thirty (30) days prior to the end of the previous term either Party gives written notice of t ermination. Notwithstanding any other provision in this Agreement to the contrary, it is understood and agreed by both Parties that the District has a prior right in the Area of Common Use and the District does not by this Agreement subordinate any righ ts it may have in the Area of Common Use to any use thereof by the City and the rights granted to the City hereunder are permissive in character. Upon termination of this Agreement, City shall promptly stop the use of and remove said City Improvements from the District Easements, at City’s sole cost and expense.

12. Liability Insurance. Each Party shall procure and maintain for the duration of this Agreement Commercial General Liability (CGL) insurance against claims for injuries to persons or damages to property which may arise from or in connection with their respective use of the Area of Common Use. Coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 0001 covering on an “occurrence” basis, with limits no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property dama ge. If a general aggregate limit applies, either the general aggregate limit shall apply separately or the general aggregate limit shall be twice the required occurrence limit. The District and its directors, officers, employees, agents and consult ants, shall be covered as additional insureds on the City’s CGL policy. The insurance policies required by this Section 12 shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice (10 days for non-payment) has been provided to each Party.

13. Notices. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Section 13. The addresses and addressees noted below are that Party’s designated address and addressee for delivery or mailing of notices.

To District: Consolidated Irrigation District
c/o General Manager
P.O. Box 209
Selma, California 93662
Telephone: (559) 896-1660
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Facsimile: (559) 896-3830

To City: City of Sanger
c/o City Manager
1700 7th Street
Sanger, California 93657
Telephone: (559) 876-6300

Either Party may, by written notice to the other, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3) days after the postmark date. If sent by regular mail, the notice shall be deemed given forty -eight (48) hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty -four (24) hours after delivery to the Postal Service or courier. Notices transmitted by facsimile tr ansmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (conformation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday, or legal holiday, it shall be deemed received on the next business day.

14. Relationship of Parties. Neither Party hereto is, nor shall it become or be deemed to be, a partner or a joint venture with the other by reason of the provisions of this Agreement, nor shall this Agreement be construed to authorize either Party to act as the agent for the other.

Nothing contained in this Agreement shall be deemed to create any contractual relationship between the Parties hereto with any third parties.

15. Entire Agreement. This Agreement and items incorporated herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.

16. Amendments. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized and signed by representatives of both Parties.

17. Successors. T he terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, and administrators of the respective Parties.

18. Assignment. Neither Party hereto shall assign this Agreement, or any interest herein, without the prior written consent of the other Party. Any such attempted assignment in violation of this Agreement shall be null and void.

19. Governing Law; Venue. This Agreement and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including 360

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validity, interpretation and effect, by the laws of the State of California. Venue for the purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be in Fresno County, California.

20. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected.

21. Headings. The subject headings of the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein.

22. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, all of which together shall constitute one and the same instrument.

23. Binding Effect. This Agreement shall "run with the land" and be binding upon and inure to the benefit of the successors and assigns of the Parties hereto.

24. Attorney’s Fees. Should any action or proceeding be commenced between the Parties hereto concerning this Agreement, or the rights and duties of any Party in relation thereto, the Party prevailing in such action or proceeding shall be entitled, in addition to such other relief as may be granted, to recover from the losing Party a reasonable sum for its attorneys', paralegals', accountants', and other professional fees and costs incurred in connection with such action or proceeding.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY DISTRICT

City of Sanger Consolidated Irrigation District,
a California irrigation district

By: _______________________________ By: _______________________________

Name: ____________________________ Name: ____________________________

Title: _____________________________ Title: ______________________________

(Attach Notary Acknowledgment) (Attach Notary Acknowledgment)

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ________________________________ By: ________________________________ Name: Hilda Cantu Montoy Name: Lauren D. Layne Firm: Montoy Law Corporation Firm: Baker Manock & Jensen, PC Title: Attorney for the City Title: Attorneys for the District 361

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EXHIBIT “A”
District Easement

The South 20.00 feet of the North 50.00 feet of the East half of the Northwest quarter of the Northwest quarter of Section 27, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, in the City of Sanger, County of Fresno, State of California.

Containing 13,003 square feet more or less

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EXHIBIT “B”
City Easement

That portion of the Northwest quarter of the Northwest quarter of Section 27, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, in the City of Sanger, County of Fresno, State of California, described as follows:

Commencing at the North quarter corner of said Section 27; Thence North 90° 00’ 00” West, along the North line of said Section 27, a distance of 1300.33 feet, to the East line of the Northwest quarter of the Northwest quarter of said Section 27; Thence South 0° 18’ 38” West, along said East line, 30.00 feet, to the True Point of Beginning; Thence continuing South 0° 18’ 38” West, along said East line, 23.00 feet, to a line parallel with and 53.00 feet South of the North line of the Northwest quarter of said Section 27; Thence North 90° 00’ 00” West, along said parallel line, 558.26 feet; Thence Northerly 23.02 feet, along a non-tangent curve, concave to the West, with a radius of 288.00 feet, a central angle of 4° 34’ 50”, and a beginning radial which bears South 85° 25’ 10” East, to a line parallel with and 30.00 feet South of the North line of the Northwest quarter of said Section 27;
Thence North 90° 00’ 00” East, along last said parallel line, 557.46 feet to the True Point of Beginning.

Containing 12,827 square feet more or less

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