HomeMy WebLinkAboutPM 1999-01 - Agreement/Covenant - 8/11/2006 1�
When Recorded Mail To:
City Clerk 0ytZoe%'260�0��8�sZ
City of Fresno �0r
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department
P.W. File No. 5494-9901
PARCEL MAP AGREEMENT No. 1999-01
THIS AGREEMENT is made this day of Sjw 4r> l ber, ,2001, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as "City,"
and, Willow Creek-Foundry Ventures, LLC, a Nevada Limited Liability Company and
Foundry Park Investors, LP, a California Limited Partnership, 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 through N,.inclusive, of Parcel Map No. 1999-01 as recorded in Book
p of Parcel Maps at Page(s) , 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 Tentative Parcel
Map No. 1999-01 dated April 20, 1999 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.
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.
April 20,2003,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 City of Fresno Standard Specifications, adopted
September 11, 1984 by Resolution No. 84-361 and any amendments thereto, hereinafter
referred to as the "Standard Specifications," 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 Standard Specifications 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:
a. All utility systems shall be installed underground. Subdivider's
attention is directed to the installation of street lights in accordance with Resolution
No. 68-187 and Resolution No. 78-522. The Subdivider shall construct a complete
underground street light system as approved by the Traffic 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. .
1
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. 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.
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 by relevant FMC provisions, 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 a valid
policy of Workers Compensation Insurance for the duration of the period of construction..
9. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property
by or from any cause whatsoever in, on or about the subdivision of said land covered by
this Agreement, or any part thereof. The Subdivider hereby releases and agrees to
indemnify, defend and save the City harmless from and against any and all personal
injuries to and deaths of persons and property damage, and all claims demands, costs,
loss, damage, and liability, howsoever same may be caused, resulting directly or indirectly
from the performance of any or all work and improvements to be done in and upon the
street rights-of-way in the subdivision or upon the premises adjacent thereto pursuant to
this Agreement, and also from all injuries to and deaths of persons, and all claims,
demands, costs, liability, loss, damage, howsoever caused, either directly or indirectly
made or suffered by the Subdivider, or his agents, employees and subcontractors, in
connection with the work and improvements required by this Agreement. The Subdivider
.further agrees that the use for any purpose and by any person of any of the streets, work
or improvements specified in or required by this Agreement or the Parcel Map, shall be at
the sole and exclusive risk of the Subdivider at all times prior to the final acceptance of the
work and improvements by the City. .
10. Initial compaction and soil tests of street, sewer, and other work within the
.public right-of-way shall be ordered by and paid for by City. Sewer and utility trench tests
shall be taken in varying locations and depths as required by the City Engineer.
Compaction tests failing to meet.City's requirements. shall be recorded by City from the
same testing laboratory. . Billing for the required retests shall be made directly to the
Subdivider or his agent for payment.' Compaction test for water facilities installed by City
shall be paid for by City.
11. Subdivider shall comply with the provisions of the prevailing Building,
Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City.
12. 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.
1. 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.
14. 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.
15. 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 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 therefor, 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.
16. The Subdivider shall install all street improvements in accordance with
Section 12-1206 of the Municipal Code of the City of Fresno, the City of Fresno Standard
Specifications, and the approved construction plans.
17. 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.
18. 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.
19. 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.
20. All other tentative parcel.map Conditions of Approval remain in effect, unless
the Director of Planning and Development modifies them,or determines them inapplicable.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Willow Creek-Foundry Ventures,
a Nevada L' i d Liabil' Compa y
By:
By W lam/ Ra on uff Managing Me r
Mark I. Williamson, Director
Public Works Department By:
Jo . Broome, Managing Member
Foundry Park Investors,
a California Limited Partnership
APPROVED AS TO FORM:
By: Russell G. Smith, Inc
HILDA CANTO. MONTOY a California Corporation
City Attorne General Partner
By
Deputy By:
4ussell G. Smith, President
( Attach Notary Acknowledgments)
City of Fresno Mailing Address: Subdivider's Mailing Address:
Public Works Director Foundry Park Investors, LP,
Public Works Department 2510 S. East Avenue
2600 Fresno Street. _ Fresno, CA. 93706
Fresno, CA 93721-3615
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Su s 1bed an sw�irnt "IC(or affirmed) before me this
OFFIC1ALSEAL
SHELAH R. MALAPANES
Notary Public-State of Arizona
o?GL� by i `� YAVAPA!COUNTY� •�
=� My Comm.Eli c� May 20,2004
My commission expires . .�_._._... �_
STATE OF C i -�oA!�..n i ck.
COUNTY OF F Q IC-5
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ON 'a" %V ("L'\ Zoo ( before me , C'Ar-L�A
a Notary Public in and for said State, personally appeared personally known to me (or 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 .
WITNESS my hand and official seal .
Notary Public in and for said County and State
*,MY
GARY C. 80NDI
2COMM.#1184093 CmNOTARY PUBLIC-CALIFORNIA 03
CID PRINCIPAL OFFICE 1N
FRESNO COUNTY
CM A SWM Exp.May 18,2002
STATE OF California
COUNTY OF Fresno
On August 8. 2001 before me, T.R. Smith
(Name, Title of Officer)
personally appeared Russell G. Smith
personally known to me (or 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.
WITNESS hand and official seal.
T.R.SMQH
IS na ar blic)
COMM.#128M
My Comm.E7,0M Da.10,M
(This area for notarial seal)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I( o 0
On �� , 2001 before
personally appeared Mark I. Williamson personally known tome (or provided tome
on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity, and-that by his/her/their signature on the instrument the
person, or the entity upon behalf of the CITY OF FRESNO of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
o �
By
DEPUTY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on January 15, 1999, in the office of the Fresno County Recorder in
Document No. 990007022 modified on October 26, 2000 Document No. 2000-0131734
which the Deed of Trust in by and between Foundry Park Investors, L. P , a California
Limited Partnership, as Trustor, United Security Bank, a National Association, as Trustee,
and United Security Bank,N.A. , as Beneficiary,hereby expressly subordinates said Deed
of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for
Certain Sewer Connection Charges, Water Connection.Charges and Development Fees and
Creation of Lien for Parcel Map No. 1999-0 L
DATED: 4 2001x�
A !
By:
Rhodlee A. Braa, Sr. Vice-President
By:
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of rrrSh a ss. I
0n Jt & 200 , before me, A.A&ie�er<2_-r*q,,scr,-
Date Name and Title of Officer(e.g.,"Jane Doe,Notarf Public")
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Name(s)of Signer(s)
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to be the persor*) whose nameW is/fie
( subscribed to the within instrument and )
acknowledged to me that he/s)w/tbay executed
the same in hisftW/tbair authorized
capacity(os), and that by his/flan/tfAr
A.Marie Perez-Mariscal signatureW on the instrument the personk), or
Comm.#1242870 the entity upon behalf of which the persor*
- NOTARY PUBLIC•CALFORN1A Comm.
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WITNESS my hand d official seal.
Place Notary Seal Above Signat f Notary l c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document 1
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached.Docume
Title or Type of Document: S;a;6(2�n �if
Document Date: Number of Pages:
I
Signer(s)Other Than Named Above:
I Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
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I Signer Is Representing:
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®1997 National Notary Association•9350 De Soto Ave.;P.O:Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on June 9,2000,in the office of the Fresno County Recorder in Document No.
2000-0068869 of which the Deed of Trust in by and between Foundry Park Investors, L. P
, a California Limited Partnership, as Trustor, First American Title Insurance Company, a
California Corporation, as Trustee, and Ray Bluff, Sr. , as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement
of Covenants for Certain Sewer Connection Charges, Water Connection Charges and
Development Fees and Creation of Lien for.Parcel Map No. 1999-01.
DATED: 2001
By:
Raym /d E. Bluff
By:
(Attach Notary Acknowledgment)
oFFlaru.SEAL
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Subscribed and sworn to (or affirmed) before me this SKE AH ic Mate0kj Dn
. tJoE�r�Public-State of Arizona
�9 �, ' YAVAPAI COU"
by 1j PAY Comm.E)cpires May 20,2004
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My commission expires J'j4cf ova
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on June 9,2000,in the office of the Fresno County Recorder in Document No.
2000-0068870 of which the Deed of Trust in by and between Foundry Park Investors, L. P.,
a California Limited Partnership, as Trustor, First American Title Insurance Company, a
California Corporation, as Trustee, and The Chicago Trust Company of California as
Custodian of IRA No. 07292 FBO: Diane Quinzi, as Beneficiary, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement
of Covenants for Certain Sewer Connection Charges, Water Connection. Charges and
Development Fees and Creation of Lien for Parcel Map No. 1999-01.
DATED: , 2001
By:
Diane. Quinzi
By:
(Attach Notary Acknowledgment)
JOHN REILLY
Y PUBLIC,STATE OF NEW YORK
N0.4i-4998807
QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES JULY 6, edv L
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on January 15, 1999,in the office of the Fresno County Recorder in Document
No. 1999-0007000 of which the Deed of Trust in by and between Foundry Park Investors,L.
P.,a California Limited Partnership,as Trustor,United Security Bank,a National Association,
as Trustee, and United Security Bank, N.A., as Beneficiary, hereby expressly subordinates
said Deed of Trust and its beneficial interest thereto to the-foregoing Statement of Covenants
for Certain Sewer Connection Charges, Water Connection Charges and Development Fees
and Creation of Lien for Parcel Map No. 1999-01.
DATED: Id, 2001
By: ---
By:
Rhodlee A. Braa, Sr. Vice-President
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE—ACKNOWLEDGMENT
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State of California
ss.
County of Rllf S7 o
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( On ,� /(i 2vx( , before me,A.MGeJte—1' re-Z—K1UriSt j iY Q4td�C i
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Comm.#1242870 the same in his/fir authorized
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FRESNO COUNTY si nature n the instrument the erson or
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the entity upon behalf of which the persorl*)-
acted, executed the instrument.
NESS my han in officipl seal.
Place Notary Seal Above Signatu Notary P blic
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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.
Description of Attached Document
Title or Type of Document:' �. (�Cr�0/1—
Document Date: Number of Pages:
I
Signer(s)Other Than Named Above: i
f Capacity(ies) Claimed by Signer
Signer's Name: _
1, ❑ Individual 0 -
Top of thumb here
❑ Corporate Officer--Title(s):
❑ Partner—❑ Limited ❑ General
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❑ Trustee
❑ Guardian or Conservator
❑ Other:
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I, Signer Is Representing:
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0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on July 21, 2000, in the office of the Fresno County Recorder in Document
No.2000-0086423 ofwhich the Deed of Trust in by and between Foundry Park Investors,LP,
as Trustor,First American Title Insurance Company,a California Corporation,as Trustee,and
Fire Creek, Inc., a Nevada Corporation, as Beneficiary, hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for
Certain Sewer Connection Charges, Water Connection Charges and Development Fees and
Creation of Lien for Parcel Map No. 1999-01.
DATED: , 2001
BY:
F' a Cr k gc.
By:
William A. Kogels a z
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
l .`♦.;...:.•<=,.«`.�i^j
State of California
ss.
County of SOLANO
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On AUGUST 14, 2001 , before me, **VANEAN J. GATES, NOTARY*********
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
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fi personally appeared **WILLIAM A. ROGELSCHATZ************** ;
Name(s)of Signer(s)
❑ personally known to me
XU proved to me on the basis of satisfactory
evidence r l
to be the person(` whose nameN) jss re
subscribed to the with instrument and
acknowledged to me th he/site/they executed
the same in is/ er/their authorized
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i' Place Notary Seal Above Signature of N tary Publ
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
Description of Attached Document l
Title or Type of Document: 'SUBORDINATION*******
l :
Document Date: AUGUST 14, 2001 Number of Pages: —1—
I� �
Signers) Other Than Named Above: NONE It
Capacity(ies) Claimed by Signer .
Signer's Name: WILLIAM A. KOGELSCHATZ
❑ Individual •
i Top of Thumb here I
® Corporate Officer—Title(s): PRESIDENT
❑ Partner—❑ Limited ❑General �
❑ Attorney in Fact 4�'I
❑ TrusteeI
❑ Guardian or Conservator
❑ Other:
0
Signer Is Representing: FIRE CREEK, INC..
0 1999 National Notary Association•9M De Sob Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nab"kbotery.org Prod.No.5907 .Reorder Cell Toll-Free 1-M-876-M7
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on July 28, 2000, in the office of the Fresno County Recorder in Document
No.2000-0089665 of which the Deed ofTrust in by and between Foundry Park Investors,LP,
as Trustor,Chicago Title Company,a California Corporation,as Trustee,and Fire Creek,Inc.,
a Nevada Corporation, as Beneficiary,hereby expressly subordinates said Deed of Trust and
its beneficial interest thereto to the foregoing Statement of Covenants for Certain Sewer
Connection Charges,Water Connection Charges and Development Fees and Creation of Lien
for Parcel Map No. 1999-01.
DATED: ( 2001
By: �'---
F' re Cree Inc.
By'
Willia% A. Kogelsc z
(Attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Statef o California
ss.
County of SOLANO
I
i
fi
on AUGUST 14, 2001 before me, **VANEAN J. GATES, NOTARY*********
Date Name and Title of officer(e.g.,"Jane Doe,Notary Public")
I I
personally appeared **WILLIM A. KOGELSCHATZ**************
Name(s)of Sig
ner(s)
a
❑ personally known to me
XU proved to me on the basis of satisfactory
evidence
to be the person(9. whose name(t4l(yi�re
subscribed to the within instrument and
acknowledged to me that e/ he/they executed
the same in hishher/their authorized
-. capacity(ies}, and that by (j5)her/their
VANEAN J. GAIES signature(? on the instrument the person(s), or
Commission#1236095 z the entity upon behalf of which the person(s)
.��•., Notary Fabric-Califon ia acted, executed t ' strument.
Sollano County
MyComtn"B0WN0V1Z2003
WITNESS, y hand fficial seaL -
Place Notary Seal Above Signature of Notary ublic
OPTIONAL
I; Though the information below is not required by law, it may prove valuable to persons relying on the document ,
I; and could prevent fraudulent removal and reattachment of this form to another document. i
Description of Attached Document
'Title or Type of Document: SUBORDINATION*******
' Document Date: AUGUST 14, 2001 Number of Pages: -1-
I; O.
I; Signer(s) Other Than Named Above: NONE
I
Capacity(ies) Claimed by Signer 7
Signer's Name: WILLIAM A. KOGELSCHATZ
❑ Individual e
I�
® Corporate Officer—Title(s): PRESIDENT Top of thumb Here
I: ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
b
Signer Is Representing: FIRE CREEK, INC. I
_ a-
O 1999 NatbrW Nolary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402•wwr.nadorwraaryorg Prod.No.5907 Reorder:Call Toll-Free 14e00-676-6827
EXHIBIT A Subdivision Agreement for Parcel Map 99-01
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $173,688
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $58,940
Street Construction Cost Estimate $706,888
Final Cost Estimate(for Inspection Fee purposes) $939,516
66 Landmarks, Monuments, Lot& Block Corners ($50/ea) $3,300
Sub-Total (for bonding purposes) $942,816
Construction Contingency(10%) $94,282
TOTAL COST ESTIMATE*
(for improvement securities purposes) IF $1,037,098 $1,037,000
*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 $985,200
5% of amount shall be in cash or a Certificate of Deposit $51,900
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 $518,500
Faithful Peformance Security to Guarantee Completion of Plans
Street Plans $15 000
Utility plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $15,0 00
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2 000
1% of next$400,000 $4,000
0.5%of amount over$500,000 $2,700
Minimum amount $11,700
EXHIBIT A 00/11/00 Prepared By: Date: Print Date:07/27/01 10:69:48 AM Page 1 of 1
EXHIBIT B Parcel Map Agreement for PM 1999-01
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
OFinal Cost Estimate<$10K na
(7%;$300 minimum fee)
$0 Final Cost Estimate>$10K<$5001< na
($700+4%of amount over$1 OK)
$1 037 098 Final Cost Estimate over$500K $33 727.45
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $0.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 1 $33 727.45 $33 727.45
2. MONUMENT CHECK FEE
14 Lots and Outlots $30.00 per Lot $420.00
(Min$200)
3. STREET SIGNS
®Street Name Sign sets $173.00 per set $692.00 $692.00
Waming/Regulatory signs $77.00 sign F $154.00 F 154.00
.4. STREET TREES
OCity installed(5-gallon)Street Trees $102.00 per Tree na na
88 Inspection Fee(when planted by subdivider) @ $28.00 per Tree $2 464.00 $2 464.00
Trees by Covenant(Resolution 98-129,2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
tum Sum Charge as established by Public Works Director na na
•6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Lots(anticipated maintenance cost) @ $0.00 per Lot na
F-10assqssment publ(Incidental expenses;legal fees, per Lotpublications,mailings,engineering, ($1,500
district proceedings @ $0.00 min) na
Lum Sum Landscape area Field Inspection Fee-Parks 'Q $293.00 LS na
Total na na
$0.00 Estimated assessment per Lot(information only)
7.IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
TOTAL MISCELLANEOUS FEES&CHARGES $37,457.45 $37,457.45
EXHIBIT B v4l2=0 Printed 07/3 V01 3:43:41 PM
EXHIBIT B Parcel Map Agreement for PM 1999-01
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
32.7137 Gross Acres
0.0000 Net Acres
28.9098 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
0 Units(residential)
0 ILUE(non-residential)
M-1 Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
II-1" FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre . na
Local Drainage Fee $0.001 $0.00 (131)
(81)Fee obligation satisfied by FMFCD Agreement No.210.411.310.11-1.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Church 21949 SF
Frontage: 0 SF
Frontage: 0 SF
Total Square Feet 1 94 SF
21 949 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $2 194.90
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 1 $2 194.90 $0.00 $2 194.90
• Fee Due for portion of parcel L not previously paid.
(161 Oversize or Charge
UGM Reimbursement Area
Frontage: Church 16 949 SF
Frontage: Golden State 163 180 SF
Frontage: 0 SF
Total Square Feet ®SF
180 129 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $9 006.45
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits
Oversize Sewer Charge 9 451 $1 563.75 ' $7 442.70
(c)Trunk Sewer Charge
Trunk Sewer Service Area
Units @ per Unit $0.00 1 $0.00
(d)Wastewater Facilities Charge
S.T.E.P.
(eI Sewer Ca acity Enhancement Charge
-"Trunk Sewer Service Area
0 Units @ $0.00 per Unit r na na
EXHIBIT B A/28/00 Printed 07/31/01 3:43:41 PM
EXHIBIT B Parcel Map Agreement for PM 1999-01
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
3. WATER CONNECTION CHARGES
(a n &Material Charges("Wet-Tie")
2000 1206 Estimate Number
4795 Water Job Number
Estimated Deposit(FMC 14-111-fl 15 $15 100.00 (B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
0 1"Meters to existing services @ F $320.00 each $0.00 $0.00 $0.00
0 1-1/2"Meters to existing services @ $470.00 each $0.00 $0.00 $0.00
0 2"Meters to existing services @ $620.00 each $0.00 $0.00 $0.00
0 1"Services($735)&Meters($195) @ $930.00 each $0.00 $0.00 $0.00
0 1-1/2"Services($880)&Meters($340) @ $1 220.00 each $0.00 $0.00 $0.00
0 2"Services($1,010)&Meters($411) @ $1 421.00 each $0.00 $0.00 $0.00
(b2 Landsa a Service Connection Charges
1 1"Meters to existing services @ $320.00 each $320.00 1 $320.00
0 1-1/2"Meters to existing services @ $470.00 1 each $0.00 $0.00
0 2"Meters to existing services @ $620.00 each $0.00 $0.00
0 11"Services($735)&Meters($195) $930.00 each .00 $0.00
0 1-1/2"Services($880)&Meters($340) @ $1 220.00 each $0.00 $0.00
0 2"Services($1,010)&Meters($411) @ $1 421.00 each $0.00 $0.00
(c)Frontage Chia
e
Frontage: LF
Frontage: 0 LF
Frontage: 0 LF
Sub-Total Lineal Feet('/:rate) 0]LF
LF; sub-total Frontage Charge('%rate) $3.25 per LF na
Frontage: Church 219 LF
Frontage: 0 LF
Frontage: 0 LF
Sub-Total Lineal Feet(full rate) 219 ILF
219 LF; sub-total Frontage Charge(full rate) . @ $6.50 per LF $1 426.69
Sub-Total Frontage Charge $1 426.69
Less estimated Frontage Charge Credits
Frontage Charge $1 426.69 $0.00 $1 426.69
(d)Fire H drant Charge
0 SF;residential zoning @ $0.75 per 100 SF na na
1 093 903 SF;non-residential zoning @ $1.25 per 100 SF 13 673.79 $680.73 $12 993.0671
EXHIBIT 8 v4/28= Printed 07/31/O1 3:43:41 PM
EXHIBIT B Parcel Map Agreement for PM 1999-01
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(e)Transmission Grid Matn Charge
UGM Reimbursement Area
32.7137 Gross Acres @ 5560.00 per Gr Acre S18 319.67
O.0-0-0-01 Net Acres @ 5700.00 per Net Ac na
Less EstimatedTGM Construction Credits $44 980.00
Transmission Grid Main Charge $0.00 1 Pd.w/Credits Pd.w/Credits
( Transmission Grid Main Bond Debt Service Charge
32.7137 Gross Acres @ 5243.00 per Gr Acre 57 949.43
0.0000 Net Acres @ 5304.00 per Net Ac na
Less EstimatedTGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $7,94F471 1 $395.75 a7 553.68
Total Impact Fees&Gha es .$49 351.26 $18 060.23: $31 611.03
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $37 457.45
TOTAL(B) IMPACT FEES 3 CHARGES 1 $31 611.03
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $55 67.68
EXHIBIT B J4R8/00 Printed 07/31/01 3:43:41 PM