Hill

This is the third appeal arising out of a dispute over developer fees and obligations between appellant N. T. Hill (Hill) and respondent City of Clovis (Clovis). Developers Insurance Company (Developers), which issued the construction bond in this case, is also a party to the appeal. The two prior appeals (Nos. F025972 and F026809) were dismissed on procedural grounds on April 21, 1998.

Statement of Facts and Earlier Procedural History

On February 5, 1990, Clovis entered into a “Subdivision Agreement” for tract No. 4154 with subdivider William R. Tatham, Jr. In relevant part, this agreement provided in paragraph 6(d): “Subdivider shall construct the center 32 feet of permanent paving plus median island with landscaping and irrigation on Temperance Avenue from the north limits of this tract to Shaw Avenue prior to final acceptance of this tract or prior to final map approval of any other phase of tentative tract 3980, whichever comes first. Construction plans for the work shall be submitted prior to or concurrently with the final map submittal for the next phase of this tract but not later than March 1, 1990. The center travel lane fee for the next phase will be credited…