Loading...
HomeMy WebLinkAboutT-4314 - Agreement/Covenant - 7/5/2006 I � 5 Ef R31C"!Rl�t k k SUBDIVISION AGREEMENT City of 1M1S1MdL%1k1 \1 Ir -..,. PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4314 of Vesting Tentative Tract No. 4314/UGM 437 McCAFFREY COMMUNITY NO. 9 P.W. File No. 9209 n THIS AGREEMENT is made this _� day of 7UWd? , 2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and McCaffrey Development,LP,a California Limited Partnership, 1175 West Shaw Avenue, Fresno, California 93711 hereinafter designated and called the "Subdivider," Without regard for number or Gender. . . s Subdivision Agreement Tract No. 4314/UGM 437 Page 2 RECITALS A. The Subdivider has presented to the City a certain final map of.a proposed subdivision of land owned by the Owner and located within the corporate limits of the City,'and known and described as Tract No. 4314/UGM, said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of said map,the dedication of such streets,highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to constructthe improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument. F. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. Subdivision Agreement Tract No. 4314/UGM 437 Page 3 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 said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1. The Subdivision is subject to the following: a. The work and improvements shall be performed hereinafter specified on or before August 31, 2002, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before August 31, 2004, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Lot comer monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before August 31, 2002, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot comer monumentation). d. The Street trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parks Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant, or to inspect the required Street Tree planting,shall be in accordance with the Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of this Agreement. e. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdividers attention is particularly called to Part III, Article 9 of UFC relating to Fire Department access and water supply. No occupancy permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met and access is constructed with approved street lighting on line and operational. The issuance of any occupancy permits by the City for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. Subdivision Agreement Tract No. 4314/UGM 437 Page 4 f. No certificates of occupancy will be issued nor any human occupancy allowed 'for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. g. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the,Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements(including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No. 84-361 and as amended,at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. Construct 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 the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdividers engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdividers attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the Traffic Engineer prior to final Subdivision Agreement Tract No. 43141UGM 437 Page 5 acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-228 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Traffic Engineer. C. 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. d. 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. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with City Standards within seven (7) days from the time said streets are surfaced, or as directed by the City Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with City Standards within seven (7) days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified below as"Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. As a condition of final map approval the Subdivider is required to install landscaping and an irrigation system in a 15-foot landscape easement along the side property lines of all lots which side-onto West Bullard Avenue and install landscaping and an irrigation system in a 10-foot landscape easement along the side and rear property lines of all lots which side or back-onto North Donte Avenue frontages of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. The Owner also agrees to sign a petition asking the Council to include this Tract in the existing District. Additionally, the Subdivider is required to provide the City of Fresno with copies of signed acknowledgments (see Exhibit"C") from each purchaser of a lot within Subdivision Agreement Tract No. 4314/UGM 437 Page 6 the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the.estimated amount of the assessment. The signed acknowledgments shall be sent to Chief Engineering Technician of Design Services cto Public Works Department,Engineering Services Division,2600 Fresno Street, Fresno, California 93721-3623. j. As a condition of final map approval the Subdivider shall install a 6-foot masonry wall, or approved architecturally solid fence rear of the required 15-foot landscaped easement along lots 1, 57, 62 and 92, inclusive along West Bullard Avenue to maintain the Boulevard Area treatment required by the adopted Bullard Community Plan and install a 6-foot masonry wall, or approved architecturally solid fence rear of the required 10-foot landscaped easement along lots 81 through 92, inclusive along North Donte Avenue as required by Section 12-105-W-2 and Section 12-306-N-19, Fresno Municipal Code. k. The Subdivider shall install State Standard "No Parking Anytime"Signs at following locations: ` --on the eastside of North Constance Avenue —on the north side of the frontage road of West Bullard Avenue within the limits of the subdivision. prior to occupancy of any dwelling in the above noted neighborhood block where parking is to be prohibited. Spacing shall not exceed 150 feet depending on locations of intersections and electroliers. The exact locations shall be submitted to and approved by the City Traffic Engineer prior to installation of sidewalks on the affected streets. Security for these installations is included in the performance security, based on the contingency portion of the total estimated cost of the improvements. I. Perform and construct all work shown on the following referenced plans [City Drawing Nos: 10-C-6478 through 10C-6484 with Water Job No. 4060 (7 sheets) inclusive, 15-C-10359 through 15-C-10370](12 sheets)inclusive, Drawing No.4-C-276(1 sheets) inclusive, unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the City of Fresno standard Specifications and the construction plans. M. The Subdivider has paid to the City the sum of One Hundred Seventy-two Thousand Five Hundred Thirty-four and 76/100 Dollars ($ 172,534.76) for the total subdivision fees and charges and has executed a covenant to defer certain impact fees which are eligible as a condition of final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit"B." Subdivision Agreement Tract No. 4314/UGM 437 Page 7 n. In connection with assigning figures set forth in Exhibit "B,",Ihe City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because 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 degree of reasonable estimation is incorporated into the calculations.Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It ,is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Specifications of the City,which said plans and specifications and standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. 5. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City: a. Performance security in the sum of Eight Hundred Thirty-nine Thousand and 00/100 Dollars ($ 839,000:00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Forty-two Thousand and 00/100 ($ 42,000.00), shall be cash or a Certificate of Deposit; the remaining 95%, Seven Subdivision Agreement Tract No. 4314/UGM 437 Page 8 Hundred Ninety-seven Thousand One Hundred and 00/100 Dollars ($ 797,100.00) shall be in the form of a bond or Irrevocable instrument of credit;sU to be conditioned upon the 4 faithful performance of this Agreement, and b. Payment security in the sum of Four Hundred Nineteen Thousand Five Hundred and 00/100 Dollars ($419,500.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. C. Performance security to guarantee the completion of the plans and profiles for Landscaping/Irrigation and Wall Improvement- Eight Thousand and 00/100 Dollars ($ 8,000.00) required. One hundred percent (100%) of said amount shall be cash or Certificate of Deposit all to be conditioned upon the faithful performance of this agreement. d. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Ten Thousand Seven Hundred and 00/100 Dollars ($ 10,700.00), 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. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, Subdivision Agreement Tract No. 43141UGM 437 Page 9 whether such land be privately or publicly owned. 8. 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 injuries to and deaths of persons, 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 to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto puesuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work. 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. 9. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 10. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies 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 Subdivision Agreement Tract No. 4314/UGM 437 Page 10 Insurance Act of the State of California,with respect to such work or labor, and shall file with the 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. 11. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times `remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, 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 of Fresno 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 Subdivision Agreement Tract No. 4314/UGM 437 Page 11 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. If Subdivider fails to duly notify City as herein required, any work done in the absence of the 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 Engineer or Inspector 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 release of bond, or final acceptance of completed work. 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 in the subdivision until the paving of the streets is 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. 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 Subdivision Agreement Tract No. 4314/UGM 437 Page 12 of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within forty-eight(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 deenl 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 treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (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. 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, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. Subdivision Agreement Tract No. 4314/UGM 437 Page 13 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 Owner or Developer without the written consent of City. The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation McCAFPREY DEVELOPMENT, LP JOHN A WHITE, DIRECTOR A California Limited Partnership PUBLIC WORKS DEPARTMENT By: McCaffrey Construction, Inc. A California Corporation, General Partner By. Q . ATTEST: By: Robert A. McCaffrey, resident REBECCA E. KLISCH CITY CLERK By: )n 0 — P-� -/ eputy By: f 6 (1 D vid Ciabattari, Chief Operating Officer APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTU MONTOY City Attorney By: _ ;--7 �,47 Deputy DATE:MAY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Fresno to fThougt he data below,doingatute s not require t may prhe ove invaluable to persons relying on the document. On Jun 9 , 200%efore me Vicki K. Washer []INDIVIDUAL DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" ®CORPORATE OFFICER(S) � personally appeared_ Robert A. McCaffrey and David Ciabattari President/Chief Operat 1 NAME(S)OF SIGNER(S) TITLE(S) off 1 c e r ®personally known to me-OR -❑ proved to me on the basis of satisfactory evidence ❑PARTNER(S) E] LIMITED to be the person(s) whose names)Mare C] GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT VICKI K.WASHER knowledged to me that hvj�sbpJthey executed []TRUSTEE(S) Commkdon# 1229449 the same in hisitIiwitheir authorized GUARDIANICONSERVATOR Notary Public-Colffcmk3 capacity(ies), and that by*vWkaTctheir OTHER: Remo County signature(s) on the instrument the person(s), My Comm-El0MAug 16,XIM or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand and official Seal. NAME OF PERSON(S)OR ENTITY(IES) • �t-G SI ATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Subdivision Agreement, Tr . 4 314 THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 EXHIBIT A Subdivision Agreement for Tract No. 4314 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate Y Well Construction Cost Estimate ; Sewer System Construction Cost Estimate Street Construction Cost Estimate Final Cost Estimate (for Inspection Fee purposes) $751404 tt .: .:.. . .. ... . ......... i! 2321 Landmarks, Monuments, Lot&Block Comers($50/ea) $11,600 Sub-Total (for bonding purposes) $763,004 Construction Contingency(10%) $76,3001 TOTAL COST ESTIMATE" (for improvement securities purposes) $839 304 $839 000 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 $797,100 5% of amount shall be in cash or a Certificate of Deposit 1 $42,000 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 $419,500 Faithful Peformance Security to Guarantee Completion of Plans .................................................................. .................................._..._. .._.... .................................................................. Street Plans pf . .: Utility Plans (Sewer.Water, Storm Water) Street Light Plans Landscaping/Irrigation/Walls 100%of amount shall be in cash or a Certificate of Deposit $8,000 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 $1,700 Minimum amount �- $10,700 EXHIBIT A v rAM Prepared By:Louis Rocha Date:06/x62000 Print Date:06!07/00 5:51:59 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract 4314/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED A. MISCELLANEOUS FEES 3 CHARGES 1. INSPECTION FEE 3 Final Cost Estimate 41 OK na (7%;$300 minimum fee) Final Cost Estimate -$10K 4500K na ($700+4%of amount over$10K) Final Cost Estimate over$500K $26 285.10 ($20.000+2.5%of amount over$500K) Lass Inspection Fees paid with Early Sewer/Water Construction Agreement 7 74600 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $18,539.1D 2. MONUMENT CHECK FEE Lots and Outlets 30.00 per Lot $2,760.60-01 (Min$200) S. SIG STREET T SIGNS 0 Street Name Sign sob ® 173.00 per set 1730.00 $1,730.001 WamkoRegulatory Sigma $77.00 sign $308.00 $308.00 4. STREET TREES [ ' City Installed(5-gallon)Street Trees 102.00 per Tree Inspection Fee(when planted by subdivider) 28.00 per Tree �na 0 Tram by Covenant(Resolution 98-129,,2 trees/Lot fronting 5(r streets) S. SEWER TRENCH WATER COMPACTION CHARGE �—�� =9738 Cubic yards 0.121 per CY 1 0.00!:(AS) (A5)Charge paid with Early Construction Agreement. 9.WATER CONSTRUCTION CHARGE ®Lob $1.25 per Lot $115M 7. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11226(f)(6) Lum Sum Charge as established by Public Works Director 0 8.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD 2) ®Lots(anticipated maintenance cosy sii;iia!' 57:;52 per Lot 5 1.84 Lots Oneidental expenses:legal(oes, per Lot publications,mailings,pr engineering, ]min) 0 92 assessment district proceedings � aii'i:::: $25;00. min) 2300.00 _ Lum Sum Landscape area Field Inspection Fee-Parks $293.00 LS $293.00 Total 7884.84 $7,15M.84 i:aa: : 7t1S2: Estimated assessment per Lot Onformadon only) 9. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet 5.00 per LF ® na TOTAL MSCELLANEOUS FEES 6 CHARGES t GIST 8 W 28A0 Prepared by-Rids Sommenllle b Louis Roche Printed 08/07/00 5:48:35 PM Pape I do EXHIBIT B Subdivision Agreement for Tract 43141UGM AMOUNT EXTEMM NET AMOUW DUE DEFERRED S. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 22i01i Gross Acres ............I........... .............................. ............................. Not Aeras Adjusted Gross Acres(AG Ac); excludes Area of Arterial 3 Collector Streets Units(residential) ?'i''� LUE(rwn-residerMfa� 7..j Zoning Wm Input'ugmX within the Urban Growth Management Area or"no' 1. LOCAL DRAINAGE FEES F I=MFCD Drainage Area Z2,436T.Acres per FMFCD 2$60 per Acre 584168.00 l*:::.;:::::::::::::::::::::::::: FMFCD Drainage Area ..:.:..........:........... :0DOW:'Aeras per FMFCD ® € ::::::::iiia=ii SOi;per Acre Local Drainage Fee � 364'169.00 (B1) (61)AN or portion of fes obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Char e F :::::::::::::::..... ::::::::::::: Di'SF F 0. SF F O:SF Total Square Feet CJSF �SF; sub lofal Lateral S~Charge ® 0.10 per SF 0.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge .00 Fee Due for Lob under Early Issuance of Building Permits Agreement (bOversize Sewer Charge UGM Reimbursement Area Frontage: What BullaiilAveriva::::.. ?.: 97 500'SF Fror�ge: Noiilh Danko Avenue...:..:.. .......: 8..1w SF ;:::::: Fror�ge: 6 SF Total Square Feet .SF 186100 SF;sub-total Oversize Sewer Charge ® 50.05 per SF 19,305.00 Less estimated Oversize Credits 0100': Less estimated Overdepth Credits :: OiOO Oversize Sewer Charge I $9,3D5.00 (c Trunk Sewer Charge Comilir Trunk Sewer Service Area 92 Units ® !' ::19:Oi1' 'I per Unit $38.50.00 (d)Wastewater Facilities Charge Fee to be paid at the rate M effect at time of Issuance of building permit The fes rate currently In eReet Is$2.119 per Unit(FMC 9-503-b) E)HW 0 v4MM Prepared by.Rick SonwneMee i Louis Roche Printed 0&07100 5:48:35 PM Paae 2 of 0 EXHIBIT B Subdivision Agreement for Tract 4314/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e Sewer Ca city Enhancement Charge Trunk Sewer Service Area 92 Units per Unit r------n—ol 3. WATER CONNECTION CHARGES (a Time&Material Charges("Wet-Tie") 12502 Estimate Number 4080 Water Job Number Estimated Deposit(FMC 14-111-f) 1 �(B3) (B3) Deposit paid with Early Construction Agreement I I Service Connection Charges 1'Meter:bo axfatirp services0 $320,W each $29.440.00 10.001 mews to wdsting services 41 $470.00 each $0.001 ::1::�::::::::::b::�:$0 .......... $620.00 each PER. O r Motors to existing services a V Services($735)&Motors($195) $930.00 each $0.00 0.00: 'SMOU. $1, -iw Services($$W)&Makers($340 a 220.00 as ch $0-00 $1,421.00 each 1-0700-1 (b2 Landsca Service Connection Charges Motors to existing services a F s326.66 ch $320.001 3 ....... ....-............. 1.1tr Motors to existing services $470.00 Q L M _ each $470.00 $470 1 1 0 r Motors to 41existingservices $6M.00 each $0'00 ,wj ............ .......... 1,Sorvcs($735)&Mosrs($1W $' o )0each I-12'Services($880)&Meters($340) 20each $$00..00001 $,0600 �, 00 2"Services($1,010)&Motors($411) 0 1421.00 each $0.00 0 00.. (c)Frontage Char e Frontage: ................................... ..................... .07 LF Frontage: .......... ............. Frontage: .......... LF Sub-Total Uneall I"CA rate) DLF LF; subtotal Frontage Charge nde) a $3.25 per LF na Frontage: LF Frontage: Oii LF .......... ..... ..... ..... ..... ............ Frontage: ...Oft LF .... ............. Sub-Total Uneal Feel(RAI rate) 13LF LF; sub-total Frontage Charge(full rob) LF Sub-Total Frontage Charge $0.001 Loss;estimated Frontage Charge Credits Frontage Charge 0.00 0,00. (dre H rant Charge I :':(M11.910W2jSF;residential zoning 0.75 per 100 SF122=82 [77777777761 SF;non-residential zoning 1.25 per 100 SF EXHWrBv4r2&4D0 Prepared by RiokSomnmwAW&Louis Roche Prkd@dO&07= 5:48:95 PM Pape 3d8 EXHIBIT B Subdivision Agreement for Tract 4314/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e)Transmission Orfd Main Charge UGM ReimbursenNNN Ares 22.4401 Gross Acres 560.00 per Gr Acre 12566.46 0.0000 Net Aeras 5700.00 per Net Ac 0 Less EsdnmdWGM Construction Credits .001 Transmission Grid Main Charge 1—:� 0,00!1• 12 ;4h3f. ( Transmission Grid Main Bond Debt Service Charge 22.4401 Gross Acres 5243.00 per Gr Acre i5 452.94 0.0000 Net Acres 304.00 per Net Ac Less EsdnabdTGM Bond Debt Service Charge Credits Oi00:: Transmission Grid Main Bond Debt Service Charge i 1$5 ••Suboct to vesting tentative map date,fee may not be applicable until 2-years atter date of i al Map recordation;when applicable, he is due at Building Permit for all un-developed Iola at the fee rate then in effect. ( tKiM Water Supply Fee 1a Supply Well Service Area 92 LlvkV Units(residential a354'.QO per Unit F--$3-2--568-0-071 LNhq Unit Equivalents(LUE);ran-residential ,;; 5.0;00 per Unit 60.00 Less Estimated UGM Water Supply Fee Construction Credits 50.00 UGM Water Supply Fee 1 $32,568.00 332'568;00 (h Well Head Treatment Fee 55F Well Head Treatment Service Area 92 LMng Units(residential 50A0'J per Unit 50.00 OLMW Unit Equivalents(LUE);non-residential :Ili 50:00; per Unit 50.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $0.00 E7777715WI (i Reehar a Fee 1' Recharge Service Are 92 LMng Units(residential) per Unit 0.00 O LMW Unit Equivalents(LUE);non-residential O UQ per Unit Less Estimated Recharge Fe Construction Credits Recharge Fee 0 1994 Bond Debt Service Fee 201 1994 Bond Debt Service Fee Service Are 92 LMng Units(residential) ;': 0':00:1'per Unit 0.00 OLMV Unit Equivalents(LUE);non-residential s i : 0;00'1'per Unit 0.00 Less Estimated 1994 Bond Debt Service Fe Construction Credits 1994 Bond Debt Service Fes $ MW 6 v4/28A0 ReWod by Ride Sommeniee a Louis Roche Printed OOM7100 5:48:35 PM Pepe 4 or e EXHIBIT B Subdivision Agreement for Tract 4314/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES 3 CONSTRUCTION CREDITS (a UOL M FIRE STATION FEE �':t4 Fire Station Service Mai 22.4401 Gross Acres 282 OO iI per Gr Acre 6 328.11 0.00ii Per F.S. 14 SeNMmerkAgneernent Mlfs dswbpsr pays Mrs service rats for Mlle lice. (b)UGM NEIGHBORHOOD PARK FEE 141 Neighborhood Park Service Area 22.4401 Gross Acres 1 695:00 per Gr Acre 38 035.971 $0.001* 38035:9.i (c UGM MAJOR STREET CHARGE 2 Major Street Zone 20.4299 Adjusted Gross Acres 1 930.00 per AG Ac 39 429.71 Lou Estimated Major Street Charge Construction Credits Major Street Charge 1 (dJ UGM MAJOR STREET BRIDGE CHARGE A1042 Major Street Bridge Zone 20.4299 1 Adjusted Gross Acres a 65100''per AG Ac 1 327.94 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge L$ (e UGM M TRAFFIC SIGNAL CHARGE 2L_0.4299 1Adjusted Gross Acres " 86000'per AG Ac 117569.71 Less Estimated Traffic Signal Charge Construction Credits !46,000.00:1 Traffic Signal Charge L $0.00J* (f1UGM GRADE SEPARATION CHARGE Grade Separation Service Area 20.4299 1 Adjusted Gross Acres per AG Ac Less Estimated Grade Separation Charge Construction Credits 0.00' Grade Separation Charge 1 16.001 AT-0RADE RAA.ROAD CROSSING FEE CI0 1;At-Grads RRXing Servk a Area 20.4299 Adjusted Gross Acres 262.00 per AG Ac ;5 352.63 F77777771AI-Grede RRXing Service Area 20.4299 Adjusted Gross Acres O:.00I per AG Ac At-Grade RRXing Service Area 20.42 JAdju3ted Gross Acres per AG Ac Less Estimated At-Grade RRXing Charge Construction Credits 0.00 At-Grade RRXing Fee 1 $5,352.631 0100 (hUOM TRUNK SEWER FEE . Trunk Sewer Service Area 20.4299 Adjusted Gross Acres per AG Ac Less Trunk Sewer Fee Credits Trunk Sewer Fee 50.00 EXHUT 6 v4rAM Prepared by Rick SommwMe.a Louis RocM Printed 0MV00 5:18:38 PM EXHIBIT B Subdivision Agreement for Tract 4314/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (11 OVERLAY SEWER SERVICE AREA Millbrook Overlay Service Area F-20.4299]Adjuded Gross Acres per AG Ac Total Impact Fees&Charges Note: EXTENSION total ivicluides not results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES TOTAL(6) IMPACT FEES&CHARGES 11 . 197:8 ITOTAL SUBOMSION FEES and CHARGES DUE WITH AGREEMENT cash ;,tit; EXHSrrBv4/2a= Prepared by Rick Sommemifle&Louis Rocha Pdn1*d0W7= 5:18:38 PM Papa 6016 ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 4314 UGM, is subject to an annual assessment currently estimated at$ 70.52. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4314/UGM. I/We understand that the current estimated assessment is only an estimate for the current year and that the current year and that the assessment may increase or decrease in future years. I/We also understand that by signing this document I/We have not waived my/our rights to protest the assessment amount at the noticed annual public hearing held by the City Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date FT4314 Sub& slon Agreement.wpd (June 7,2000) EXHIBIT "C"