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HomeMy WebLinkAboutPM 2005-32 - Agreement/Covenant - 3/7/2008 When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 02/29/2008120080030117 NO FEE-GOVERNMENT CODE 6103 and 27383 City of Fresno Public Works Department P.W. File No. 5494-2005-32 0 4- Z 0 0 W V) a Uj a SUBDIVISION AGREEMENT PARCEL MAP NO. 2005-32 Subdivision Agreement Parcel Map No. 2005-32 Page 2 THIS AGREEMENT is made this ;2V" day of 2007, by and between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City," and, URVANO C. GONZALEZ, a single man, 2744 East Weldon Avenue, Fresno, California 93703, hereinafter referred to as "Subdivider" without regard for number or gender. RECITALS A. The Subdivider has Filed with the City, a Parcel Map which proposes the subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno, State of California, dividing the real property more particularly described as follows: Parcels A and B, inclusive, of Parcel Map No. 2005-32 as recorded in Book 6,F of Parcel Maps at Page(s) 3q f- VO, Fresno County Records. B. The City requires, as a condition precedent to the acceptance and approval of said Parcel Map,the dedication of streets, highways, public places and easements as are delineated on the Parcel Map, and deems such dedications as necessary for the public use; and, requires the construction of improvements of the streets delineated on the Parcel Map. C. Section 12-1206 of the Fresno Municipal Code requires the Subdivider to either construct or enter into an Agreement whereby Subdivider agrees to perform and complete the work and improvements required as Conditions of Approval for Vesting Tentative Parcel Map No. 2005- 32 dated March 8, 2006 issued by the City and any amendments thereto(hereinafter referred to as Conditions of Approval and incorporated into this agreement by this reference), in consideration of the approval of the Parcel Map for recording. Subdivision Agreement Parcel Map No. 2005-32 Page 3 AGREEMENT In consideration of the approval of said Parcel Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and City, and the Subdivider and City do hereby mutually agree as follows: 1. The Subdivider shall perform the work and improvements at the time a permit or other grant of approval for development of the parcel is issued by the City or before one(1) year of the date of this agreement, whichever occurs first, unless prior to this date of performance an extension of time is approved by the Public Works Director. 2. Prior to the commencement of the work, the Subdivider shall submit engineered construction plans to the City Engineer for review and approval. The cost to prepare and process such plans,and the inspection of such work,shall be the responsibility of the Subdivider. The work shall be performed and inspected under a Street Work Permit issued by the Public Works Department pursuant to such approved construction plans. 3. All of the work and improvements and materials shall be performed, installed, and provided in accordance with the 2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, hereinafter referred to as the"Public Works Standards,"which are incorporated herein as though set forth in full. All of said work and improvements shall also comply with the requirements of Chapter 12, Articles 10 and 12 of the Fresno Municipal Code. In situations where there are no Public Works Standards for an item of work, it is agreed that such work shall be performed in accordance with the standards and specifications of the State of California, Department of Transportation as determined by the City Engineer. 4. The work and improvements are stipulated in the Conditions of Approval and include the following: Subdivision Agreement Parcel Map No. 2005-32 Page 4 a. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522. The Subdivider shall construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the parcel map. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 78-522 and shall be approved by the City Engineer. b. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. C. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable charges shall apply. d. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. e. Set all landmarks, monuments and lot corners required to locate land divisions shown on the Parcel Map. f. The improvements are more particularly itemized in Exhibit A,attached hereto and made a part of this Agreement. 5. Prior to the approval of the Parcel Map by the City, the Subdivider shall furnish to the City the following securities in the amounts itemized in said Exhibit A. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost Estimate to be conditioned upon the faithful performance of this agreement. i. 95% of the Final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the Final Cost Estimate shall be in cash or a certificate of deposit made payable only to the City of Fresno. b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost Estimate to 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 a bond or irrevocable instrument of credit. 6. Prior to the approval of the Parcel Map by the City, the Subdivider shall pay to the City and/or execute a covenant to defer certain impact fees due which are eligible to be deferred Subdivision Agreement Parcel Map No. 2005-32 Page 5 pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of Parcel Map approval. The total fees and charges are more particularly itemized in Exhibit"B,"attached hereto and made a part of this Agreement. 7. Upon acceptance of the required work by the City Engineer,a warranty security shall be furnished to or retained by City in the minimum amount identified in said Exhibit "A," for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a certificate of deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 8. The Subdivider and his contractor and subcontractors shall pay for any materials, provisions, provender, and other supplies or terms used in, upon,for, or about the performance of the work 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 Labor Code a Certificate of Workers Compensation and shall maintain avalid policy of Workers Compensation Insurance for the duration of the period of construction. 9. Indemnification. 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, including 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 and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or Subdivision Agreement Parcel Map No. 2005-32 Page 6 all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement. Subdivider's obligations under the preceding sentence shall apply regardless of whether Subdivider or any of its officers,officials,employees or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Subdivider should subcontract all or any portion of the services to be performed underthis 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 the preceding paragraphs. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. This section shall survive termination or expiration of this Agreement. 10. 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 cornpany(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 and advertising 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 $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations. Subdivision Agreement Parcel Map No. 2005-32 Page 7 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 other licensed vehicles (Code 1 - Any Auto), with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. Subdivider shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation. d. 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. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except forthe 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 policy 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, Sudivider 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. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. 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 Subdivision Agreement Parcel Map No. 2005-32 Page 8 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's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. 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 Director of Public Works,or his/her designee, may order that the 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 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. 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 agents 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. 11. Compaction and other materials testing performed for the determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, entitled "Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures,and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider Subdivision Agreement Parcel Map No. 2005-32 Page 9 12. Subdivider shall comply with the provisions of the prevailing Building, Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his 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 the City be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the 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 the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations 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 and accepted. 15. Any damage to the sewer system, concrete work, or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before bonds are released or final acceptance of the work and improvements. 16. Adequate dust control shall be maintained by the 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 until the paving of the streets are completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil Subdivision Agreement Parcel Map No. 2005-32 Page 10 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. 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 the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or,if the Subdivider is not an individual, upon any person who has signed this agreement on behalf of the Subdivider or, at the election of the City Engineer,such notice may be mailed to the Subdivider at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided,the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City Engineer may,without further notice of any kind,cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefore,the entire cost to City of such sprinkling or oiling. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within 14 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. 17. The Subdivider shall install all street improvements in accordance with Section 12-1206 of the Municipal Code of the City of Fresno,the Public Works Standards,and the approved construction plans. 18. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains,gas mains,and their respective service connections,shall be completed in the streets and alleys before starting the street and alley surfacing. Subdivision Agreement Parcel Map No. 2005-32 Page 11 19. Time is of the essence of this Agreement. The provisions contained in this Agreement are intended by the parties to run with the land,and the same shall bind and inure to the benefit of the parties hereto, their heirs, successors in interest, and assigns. 20. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of the City. 21. In performing its obligations set forth in this Agreement,Subdivider shall comply with all applicable laws, regulations, and rules of the governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations, Subdivider, not the City, is responsible for determining applicability of and compliance with all local, state, and federal laws including, without limitation,the California Labor Code, Public Contract Code, Public Resources Code, Health&Safety Code,Government Code,the Fresno City Charter,and Fresno Municipal Code. The city makes no representations regarding the applicability of any such laws to this Agreement, the project, or the parties' respective rights or obligations hereunder including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing,or other matters. City shall not be liable or responsible, in law or equity,to any person for Subdivider's failure to comply with any such laws,whether the City knew or should have known of the need for the Subdivider to comply, or whether the City failed to notify Subdivider of the need to comply. The Subdivider is referred to the City's Department of Public Works, Construction Management Division to obtain the current prevailing wage rates, to the extent said rates are applicable to the construction of any of the Improvements. 22. If either party is required to commence any proceeding or legal action to enforce or interpret any term,covenant 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. Subdivision Agreement Parcel Map No. 2005-32 Page 12 23. 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 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. 24. 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. 25. 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 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. Subdivision Agreement Parcel Map No. 2005-32 Page 13 The parties have executed this Agreement on the day and year first written above. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation URVANO C. GONZALEZ, a single man Public Works Department BY: iror Patrick Wiemiller, Director Urvano C. nzalez ATTEST: Rebecca E. Klisch, CMC City Clerk 0 By: Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney By: John W. Fox, Deputy City Attorney Date: v (Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ,i ss. County of FRESNO •1 I .i i I; On MAY 15, 2007 before me, ROSA NAJAR, NOTARY PUBLIC Date Narne and Title of Officere. ( g.,"Jane Doe,Notary Public") I personally appeared URVANO GONZALEZ rn�� f Names)of Signer(s) ; ( ❑ personally known to me ® proved to me on the basis of satisfactory evidence I' �I to be the person(s) whose name(s) is/are i subscribed to the within instrument and ROSA NAJAR acknowledged to me that he/she/they executed Commission#1436379 the same in his/her/their authorized Zemy Notary Public-California capacity(ies), and that by his/her/their Fresno county signatures) on the instrument the person(s), or Comm.Expires Aug 26,2007 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS- d and.i seal. f / Place Notary Seal Above Signature of No r 't Ir OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I� ,I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Cl i, Signers) Other Than Named Above: 3 Capacity(ies) Claimed by Signer (' Signer's Name: WON ❑ Individual - f, Top of thumb here j I ❑ Corporate Officer—Title(s): 1-1Partner—❑ Limited ElGeneral C ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: S y; Signer Is Representing: I ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No 5907 Reorder:Call Toll-Free 1.800-876-6827 CITY'S CERTIFICATION State of California ) County of Fresno ) On January 30, 2008, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Scott L. Mozier, Assistant Public Works Director, 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 REBECCA E. KLISCH, CMC City Clerk, City of Fresno %, o By Deputy SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded onT�� o10b in the office of the Fresno County Recorder as Document No. of which the Deed of Trust in, by and between: C (S—Oin:2.a ILL- as Trustor, as Trustee, and as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Parcel Map No. 2005-32. DATED: �L( ld1/'S-/ / C; >' BENEFICIARY ByL.L N'Q"'o : By. Sheila D. Pellnat Assistant Vice President (Beneficiary to print/type document info, Name and Title; and attach Notary Acknowledgment) LENDER'S CORPORATE ACKNOWLEDGMENT State of New York } } SS.: County of Erie } On the ' day of August in the year 2007, before me, the undersigned, a notary public in and for said State, personally appeared Jacqueline M. Panaro, Assistant Vice President and Sheila D. Pellnat, Assistant Vice President for Bank of America, N.A., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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 capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public DONNA HAENTGES,REG#01 HA5088M Notary Public,State of New York Oualitied in Erie Ccunty My Commission Exnires Nov. 17, �(� EXHIBIT A PM 05-32 ( Construction Requirements) A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $2,000 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $4,000 Street & Storm Drain Construction Cost Estimate $2,030 Final Cost Estimate (for Inspection Fee purposes) $8,030 j Landmarks, Monuments, Lot & Block Corners ($50/ea) $0 Sub-Total (for bonding purposes) $8,030 Construction Contingency (10%) $803 TOTAL COST ESTIMATE" (for improvement securities purposes) $8,833 $9,000 'All amounts rounded to nearest$1000 B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement) Performance Security (100% of Total Cost Estimate) 95% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $8,600 5% of amount shall be in cash or a Certificate of Deposit $500 Payment Security (50% of Total Cost Estimate) 100% of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $4,500 Faithful Peformance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans (Sewer-Water, Storm Water) $0 Street Light Plans $0 Landscaping/I rrigation/WalIs $0 100% of amount shall be in cash or a Certificate of Deposit 1 $0 C. WARRANTY SECURITY REQUIREMENT` (due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $0 3% of next$50,000 $0 1% of next$400,000 $0 0.5% of amount over$500,000 $0 Minimum amount $0 Prepared By:Jeff Beck Date:12/12/06 Page 1 of 1 EXHIBIT B Parcel Map Agreement No. 2005-32 NET AMOUNT AMOUNT DUE AT EXTENSION DUE OCCUPANCY A. MISCELLANEOUS FEES & CHARGES 1. STREET TREES Residential(5-gallon)Street Trees @ $30.00 per Tree na na (Al) (Al) Street Tree inspection fees will be payable at the time of development of each parcel unless otherwise determined by Public Works. 2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na na 3. IRRIGATION PIPELINE(one-time maintenance fee) 0 Lineal Feet @ $5.00 per LF na na 4. MONUMENT CHECK FEE �2 Lot&Outlots @ $30.00 per Lot $200.00 $200.00 (Min$200) B. IMPACT FEES, CONSTRUCTION CREDITS &FEES TO BE DEFERRED 0.4559 Gross Acres 0.3512 Net Acres 2 Units(residential) R-1 Zoning no Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES CC FMFCD Drainage Area 0.4559 Acres per FMFCD @ $3,700 per Acre $1,687.00 Less estimated Credits $875.00 Local Drainage Fee $812.00 $812.00 2. SEWER CONNECTION CHARGES (a)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) Sewer Connection Charges and Fees previously paid. No Fees Due. 3. WATER CONNECTION CHARGES Water Connection Charges and Fees previously paid. Additional Water Services and/or Meters Due @ Building Permit. 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS Not located in an Urban Growth Management(UGM)service area. No Fees Due. 5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS (a)FIRE IMPACT FEE 1 21 Living Units(residential) @ $539.00 per Unit $1,078.00 Fire Impact Fee $1,078.00 $0.OD $1,078.00 (b)PARK FACILITY IMPACT FEE 2 Living Units(residential) @ $3,398.00 per Unit $6,796.00 Park Facility Impact Fee 00 $0.00 $6,796.00 FORM PM Agreement EXHIBIT B v8/14/03 By:Frank Dale: Printed 06/06107 11:42:42 AM Page 1 of 2 EXHIBIT B Parcel Map Agreement No. 2005-32 NET AMOUNT AMOUNT DUE AT EXTENSION DUE OCCUPANCY (c QUI) MBY PARKLAND DEDICATION FEE 2 Living Units(residential) @ $1,120.00 per Unit $2,240.00 Quimby Parkland Dedication Fee $2,240.00 $2,240.00 (d POL) ICE FACILITIES IMPACT FEE 2 Living Units(residential) @ $624.00 per Unit $1,246.00 Police Facilities Impact Fee $1,246.00 $0.00 $1,248.00 (e TRAFFIC CHARGE 2 Living Units(residential) @ $414.69 per Unit $829.38 (134) Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $829.381 $0.001 $0.00 (B4) To be paid at time of development Total Impact Fees&Charges $13,003.38 $3,052.00 $9,122.00 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $200.00 TOTAL(B) IMPACT FEES&CHARGES $3,052.00 $9.122.00 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $3,252.00 FORM PM Agreement EXHIBIT B v8/14103 By:Frank Date: Printed 06106107 11:42:42 AM Page 2 of 2