HomeMy WebLinkAboutCentex Homes Amendment to Subdivision Agreement Relating to the Final Map of Tract 6124 to Reduce the Required Amount of Performance Security- 2-7-25AMENDMENT TO SUBDIVISION AGREEMENT RELATING TO
THE FINAL MAP OF TRACT 6124 TO REDUCE
THE REQUIRED AMOUNT OF PERFORMANCE SECURITY
THIS AMENDMENT TO THSUBDIV15lON AGREEMENT ("Amendment")
made and entered into as of this � day of Fi-b 7A*15 amends the Subdivision
Agreement previously entered into on December 2111 , 2016 between the City of Fresno,
a municipal corporation, ("City") and Centex Homes, A Nevada General Partnership
("Subdivider") relating to the Final Map of Tract 6124. Recorded with County of Fresno
on December 20th of 2016.
RECITALS
WHEREAS, City and Subdivider entered into a Subdivision Agreement, dated
December 2"d 2016, for completion of certain improvements as Conditions of Approval
for Vesting Tentative Map No. 5531 dated November 16 2005 and acceptance of offers
of dedication of the streets, highways, public ways, easements and facilities in
consideration of a finding of substantial compliance with such Tentative Map,
("Agreement"); and,
WHEREAS, Section 5(a) states that prior to the approval by Fresno City Council
of the Final Map, the Subdivider shall furnish performance security totaling 100% of the
Final Cost Estimated to construct the public works of improvement set forth in the
Agreement. 95% of the Final Cost Estimate shall be in the form of a bond or irrevocable
instrument of credit and 5% of the Final Cost Estimate was to be in the form of cash or a
certificate of deposit; and,
WHEREAS, Subdivider provided the performance security required by the
Agreement; and,
WHEREAS, on May 6 2008, the Council for the City of Fresno adopted
Resolution No. 2008-100 which authorizes the Director of Public Works or the City
Engineer to enter into amendments to subdivision agreements to provide for a one-time
reduction in the amount of the required performance security, to an amount totaling
200% of the cost estimate for the remaining improvements the Subdivider is required to
construct pursuant to the terms of the Agreement.
WHEREAS, the City and Subdivider understands that by entering into this
Amendment and complying with its terms, the Subdivider is exercising its one
opportunity to reduce the required amount of performance security as permitted by
Council Resolution 2008-100 and that Subdivider will not be permitted to request any
subsequent reductions in performance security; and,
WHEREAS, the Subdivider warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and
that all such instruments of subordination, if any, are attached hereto and made a part
of this Amendment.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows-
1. The following language replaces the language of Subsection 5(a) of the
Agreement:
PERFORMANCE SECURITY. Total amount to equal 200%
of the cost estimate for all remaining work and improvements
required under the Subdivision Agreement as set forth in
Exhibit "C" to be conditioned upon the faithful performance of
the Agreement.
i. 195% of the cost estimate for all remaining work and
improvements shall be in the form of a bond or irrevocable
instrument of credit; and
ii. 5% of the cost estimate for all remaining work and
improvements shall be in the form of cash or a certificate of
deposit made payable only to the City.
2. Exhibit "A" is replaced with Amended Exhibit "A" which is Attachment A to
this Amendment. Amended Exhibit "A" sets forth the new amounts for the performance
security. In all other respects Amended Exhibit "A" does not modify Exhibit "A."
3. Exhibit "C", entitled Estimate for Cost of Remaining Work and
Improvements, which is Attachment B to this Amendment, is added to the Agreement
and incorporated by reference.
4. Prior to the Director of Public Works or the City Engineer executing this
Amendment, Subdivider shall provide to the City the performance security required in
Section 1 and Amended Exhibit "A" and the warranty security required by the
Agreement in the amount required by Fresno Municipal Code, section 12-1016(d) and
set forth in Amended Exhibit "A."
5. Except as otherwise provided herein, the Agreement remains in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment in Fresno,
California, the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Centex Real Estate Company, LLC, a
Nevada Limited Liability Company
Public Works Department
Scott Mozier, Director
By: 22= 1
ATTEST:
TODD STERMER, CMC
City Clerk, City of Fresno
Deputy te
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kristi M. Costa Date
Senior Deputy City Attorney
Attachment:
Attachment "A" — Amended Exhibit "A"
Attachment "B" — Exhibit "C" entitled
Estimate for Cost of Remaining Work
and Improvements
By:
(Attach Notary Acknowledgments)
CLERK'S CERTIFICATION
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
State of California
County of Fresno
On February 21, 2025 before me, Collette Barrios, Senior Deputy City Clerk, personally
appeared, Scott L. Mozier, PE Public Works Director City of Fresno who proved to me on the
basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal 4t or F����
r �
r
TODD STERMER, CIVIC w
City Clerk, City of Fresno
p�rre apt'
By:
Collette Barrios, Senior Deputy City Clerk
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of CalifornAdme&
County of
On r, 2 2DZ5 before me, M . c. f-"- , �D��
(insert name and title of the officer)
personally appeared 1 Gyoo e-'ad
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.
'+ M.C.TEMPONUKO
WITNESS my hand and official seal. - Notary Public • California
� Alameda County
Commission N 2503692
=� "*
r My Comm. Expires Nay 3, 2028
Signature Yyl ' U' (Seal)
AMENDED EXHIBIT "A"
Description and Estimated Cost of Remaining Work and Improvements,
Improvement Security, and Warranty Security
Tract No. 6124
A. DESCRIPTION AND ESTIMATED COST OF REMAINING
WORK AND IMPROVEMENTS
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
ESTIMATED UNIT COST
EXTENSION
Temperance Av North of RR
1
LS
$320,650.00
$320,650.00
Temperance Av Frontage
1
LS
$1,075,708.00
$1,075,708.00
Temperance Av South of 6124
1
LS
$29,337.00
$29,337.00
Block wall 10'
Isq ft
$0.00
$0.00
Trail Landscaping and Lighting
sq ft
$0.00
$0.00
Total Estimated Cost of Remaining Work and Improvements (See Exhibit "A-2" Engineer's
Estimate of Remaining Work and Improvements for Tract No. 5461)
$1,425,695.00
Note: The work and improvements, quantities and unit costs identified above are estimates. The actual extent of the
work and improvements shall be established by the construction plans approved by the City Engineer.
B. IMPROVEMENT SECURITY REQUIREMENTS (due with Second Amendment to Restated and Amended
Subdivision Agreement Final Map of Tract No. 5461)
Performance Security (200% of Total Cost of Remaining Work and Improvements,
195% of Total Estimated Cost of Remaining Work and Improvements shall be in the
form of a bond by a duly authorized corporate surety(amount rounded to nearest
$100.00)
$2,780,100.00
5% of Total Estimated Cost of Remaining Work and Improvements shall be in cash or
a certificate of deposit made payable to the City of Fresno (amount rounded to
nearest $1.00)
$71,300.00
Total Performance Security (200% of Total Estimated Cost of Remaining Work and
Improvements) (amount rounded to nearest $50.00)
$2,851,400.00
Payment Security
1000 of the amount of $1,425,700.00 shall be in the form of a bond by a duly
authorized corporate surety or an irrevocable letter of credit
$1,425,700.00
C. WARRANTY SECURITY due as a condition of partial acceptance of the work and improvements)
Amount identified in Exhibit A of Restated and Amended Subdivision Agreement Final
Map of Tract No. 5461
$41,300.00
H 1 1 m"r7NIC111 0
EXHIBIT C
ESTIMATE FOR COST OF REMAINING WORK AND IMPROVEMENTS
CENTEX HOMES
for
CONSTRUCTION of OFF -SITE STREET STREET LIGHT LANDSCAPE WATER & STORM DRAIN IMPROVEMENTS IN
TEMPERANCE AVE.
FOR TRACT 6124 PHASE II VTM 553111
IN THE CITY OF FRESNO
OPINION OF PROBABLE CONSTRUCTION COST
TEMPERANCE AVE NORTH OF RAILROAD W & SD ONLY
ITEM APPROX. UNIT
NO. QUANTITY BID ITEM DESCRIPTION PRICE SUBTOTAL
WATER IMPROVEMENTS
1 1,350 LF 16" Water Main
$
75 LF
$
101,250.00
2 2 EA 16" Butterfly Valve
$
3,500.00 EA
$
7,000.00
3 1 EA Jack & Bore
$
100,000.00 EA
$
100,000.00
4 2 EA Fire Hydrant
$
1 800.00 EA
$
3,600.00
TOTAL WATER IMPROVEMENTS 211,850.00
STORM DRAIN IMPROVEMENTS BM-42 not designed Mtj
1 156 LF 30" Reinforced Concrete Pipe (RCP) Class III $ 100 LF $ 15,600.00
2 249 LF 42" Reinforced Concrete Pipe (RCP) Class IV $ 150.00 LF $ 37,350.00
3 1 EA Type E Inlet $ 4,450.00 EA $ 4,450.00
4 1 LS Worker Protection, Dust & Traffic Control, Miscellaneous 1$ 17,000.00 LS $ 17,000.00
TOTAL STORM DRAIN IMPROVEMENTS 74,400.00
MISCELLANEOUS
Worker Protection, Dust & Traffic Control, Miscellaneous
1 1 LS Facilities & Operations $ 34,400.00 LS $ 34,400.00
TEMPERANCE AVE NORTH OF RAILROAD (W & SD ONLY)_ CONSTRUCTION TOTAL $ 320,650.00
Note: Railroad crossing improvements (gate arms, etc.) constructed by rail company and not included in estimate. Street improvements north
of UPRR main line are not included. Street Improvements north of UPRR are responsibility of KB Homes (Tr 6222). As of June 2017, per
UPRR, RRXG #1 (main line) is $853,100.
GXentex Hames-1446\14460502 -Tract 5531\DOCUMENTS\Calculations\Opinions of Probable Cost\Tract 6124 Estimate Off-Site(Temperance)_Street-Water-SD South of UPRR mainline.xlsx
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TEMPERANCE AVENUE {Tr 612.4 FRONTAGE
ITEM
APPROX.
UNIT
NO.
QUANTITY BID ITEM DESCRIPTION
PRICE
SUBTOTAL
WATER IMPROVEMENTS
1
1,395 LF 16"Water Main
$
75 LF
$
104,625.00
2
4 EA 16" Butterfly Valve
$
3,500.00 EA
$
14,000.00
3
0 EA Jack & Bore
$
100,000.00 EA
$
0.00
4
3 EA Fire Hydrant
$
1,800.00 EA
$
5,400.00
TOTAL WATER IMPROVEMENTS
124,025.00
STORM DRAIN IMPROVEMENTS BM-38
1
10 LF 18" Reinforced Concrete Pipe (RCP) Class IV
$
67 LF
$
670.00
2
63 LF 24" Reinforced Concrete Pipe (RCP) Class IV
$
100.00 LF
$
6,300.00
3
72 LF 36" Reinforced Concrete Pipe (RCP) Class IV
$
150.00 LF
$
10,800.00
4
791 LF 36" Concrete Pipe
$
104.00 LF
$
82,286.88
5
2 EA Type A Case II Manhole with eccentric cone
$
5,950.00 EA
$
11,900.00
6
1 EA Type A Case II Manhole with steps & eccentric cone
$
6,370.00 EA
$
6,370.00
7
1 EA Type D Inlet
$
5,000.00 EA
$
5,000.00
8
1 EA Type E Inet
$
4,450.00 EA
$
4,450.00
TOTAL STORM DRAIN IMPROVEMENTS
127,776.88
STREETIMPROVEMENTS
1
95,699 SF
A.C. Pavement
$
4.50 SF
$
430,645.50
2
1,243 LF
Concrete Curb and Gutter
$
12.00 LF
$
14,916.00
3
2,306 LF
Concrete Median Curb
$
8.00 LF
$
18,448.00
4
14,444 SF
12' Trail
$
4.00 SF
$
57,776.00
5
25,710 SF
Landscape and Irrigation
$
3.50 SF
$
89,985.00
6
8,217 SF
Median Landscape and Irrigation
$
3.50 SF
$
28,759.50
7
774 SF
Sidewalk
$
4.00 SF
$
3,096.00
8
4 EA
Curb Ramp
$
1,100.00 EA
$
4,400.00
9
8 EA
Street Lights
$
3,500.00 EA
$
28,000.00
10
1,241 LF
A.C. Dike
$
5.00 LF
$
6,205.00
11
24 LF
Temporary Barricade
$
15.00 LF
$
360.00
12
4,004 SF
Transition A.C. Pavement
$
4.00 SF
$
16,016.00
13
1 LS
Striping & Si na e
$
10.000.00 LS
$
10,000.00
TOTAL STREET IMPROVEMENTS
$
708,607.00
MISCELLANEOUS
Worker Protection, Dust & Traffic Control, Miscellaneous
1 1 LS Facilities & Operations $ 115,300.00 LS $ 115,300.00
TEMPERANCE AVENUE (Tr 6124 FRONTAGE) CONSTRUCTION TOTAL $ 1,075,708.88
Notes: Items 1, 4 & 12 include improvements within railroad ROW (RRXG #1 main line). Items 3, 6, & 13 include improvements to complete
California Ave (extension of median, final striping, etc.)
GACen(ex Homes-1446\14460502 -Tract 5531\DOCUMENTS\Calculations\Opinions of Probable Cos(\Tract 6124 Estimate Off.Si(e(Temperance) Street-Waler-SD_Sou(h of UPRR mainline.dsx
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TEMPERANCE AVENUE SOUTH OF TRACT 6124
ITEM APPROX. UNIT
NO. QUANTITY BID ITEM DESCRIPTION PRICE SUBTOTAL
STREET IMPROVEMENTS
1
0 SF
A.C. Pavement
$
4.50 SF
$
0.00
2
0 LF
Concrete Curb and Gutter
$
12.00 LF
$
0.00
3
0 LF
Concrete Median Curb
$
8.00 LF
5
0.00
4
0 SF
6' Sidewalk
$
4.00 SF
$
0.00
5
0 SF
Landscape and Irrigation
$
3.50 SF
$
0.00
6
0 SF
Median Landscape and Irrigation
$
3.50 SF
$
0.00
7
0 EA
Curb Ramp
$
1,100.00 EA
S
0.00
8
0 EA
Street Lights
$
3,500.00 EA
$
0.00
9
305 LF
A.C. Dike
$
5.00 LF
5
1,525.00
10
0 LF
Temporary Barricade
$
15.00 LF
$
0.00
11
5,778 SF
Transition A.C. Pavement
$
4.00 SF
$
23,112.00
12
1 LS
Striping & Si na e
$
1,500.00 LS
$
1,500.00
TOTAL STREET IMPROVEMENTS $ 26,137.00
MISCELLANEOUS
Worker Protection, Dust & Traffic Control, Miscellaneous
t 1 LS Facilities & Operations $ 3,200.00 LS $ 3,200.00
TEMPERANCE AVENUE SOUTH OF TRACT 6124 CONSTRUCTION TOTAL $ 29,337.00
SUMMARY:
TEMPERANCE AVE NORTH OF RAILROAD (W & SD ONLY) $ $320,650
TEMPERANCE AVENUE (Tr 6124 FRONTAGE) $ $1,075,709
TEMPERANCE AVENUE SOUTH OF TRACT 6124 $ $29,337
CONSTRUCTION TOTAL $ $1,425,696
Notes:
1) Railroad crossing improvements (gate arms, etc.) constructed by UPRR conctractor are not included in the costs above. Per June 2017 estimates by
UPRR, RRXG #1 (main line) is $853,100. Street improvements through crossings are included in the costs above.
2) Watermain construction from connection at Hamilton to southern limits of project.
3) Stormdrain construction from California to southern limits of project (BM-38) is designed and approved; and stormdrain construction from Hamilton
south (BM-42) is designed and approved.
Provost & Pritchard Consulting Group, Inc.
veil" ChSel L. Osborn, RCE 66022
Date: 2/18/2022
GACente%Homes-1446\14460502 -Tract 5531\DOCUMENTS\Calculations\Opinions of Probable Cost\Tract 6124 Estimate Off-Site(rempemnce)_Slmet-Water-SD South of UPRR mainline xisx
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