HomeMy WebLinkAboutT-4422 - Agreement/Covenant - 2/15/2005 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10651
SUBDIVISION AGREEMENT FOR TRACT NO. 4422
Subdivision Agreement
Tract No. 4422
Page 2
THIS AGREEMENT is made this '1, day of200104—
by
001,Eby and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and Pacific III, a California Limited Partnership, 4950 East Yale Avenue#101, Fresno,
California 93727„ hereinafter designated and called the"Subdivider,"without regard for number
or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 4422 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final 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 the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
Subdivision Agreement
Tract No. 4422
Page 3
C. Section 12-1014 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 required as Conditions of Approval for Tentative Map No. 4422 dated
June 12, 2003 issued by the City and any amendments thereto (hereinafter referred to as
"Conditions of Approval" and incorporated into this agreement by this reference), hereinafter 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 construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
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 the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, 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 July 1, 2005, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before July 1, 2006.
Subdivision Agreement
Tract No. 4422
Page 4
C. 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 and/or per Resolution No. 98-129 requirements for 50 and
54-foot local street patterns.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met. No occupancy permit shall be
issued until all Fire Department requirements for occupancy have been met.
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 the subdivision.
e. 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.
f. 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.
Subdivision Agreement
Tract No. 4422
Page 5
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
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
"Public Works Standards") 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 Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. 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 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 City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 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 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.
P
Subdivision Agreement
Tract No. 4422
Page 6
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works 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 Public Works 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. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: [10-C-8583 through 10-C-8584 with Water Job
No. 4968 (2 sheets) inclusive, 15-C-11706 through 15-C-11708 (3 sheets)
inclusive, Drawing No. 4-C-784 (1 sheet) ], 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 Public Works Standards and the
construction plans.
k. Prior to approval of the Final 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
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. 4422
Page 7
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the 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 with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted
and made a part of this Agreement. In case there are not any Public Works Standards 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.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
Subdivision Agreement
Tract No. 4422
Page 8
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated 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 to 50% of the Final Cost
Estimated 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.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the 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.
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,
whether such land be privately or publicly owned.
Subdivision Agreement
Tract No. 4422
Page 9
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 pursuant 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
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.
Subdivision Agreement
Tract No. 4422
Page 10
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
Public Works Standards 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 of Fresno.
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
which the Subdivider shall be solely responsible.
Subdivision Agreement
Tract No. 4422
Page 11
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
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer.
Subdivision Agreement
Tract No. 4422
Page 12
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 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 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.
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 City.
Subdivision Agreement
Tract No. 4422
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Pacific III,
MICHAEL T. KIRN, DIRECTOR a California Limited Partnership
PUBLIC WORKS DEPARTMENT
By: Valley Pacific Builders, Inc.
General Partner
r7/,?GGT�R By:
P. David Wasemiller, President
ATTEST: B ' .
Patricia A. Wasemiller, Secretary
REBECCA E. KLISCH, CMC
CITY CLERK
14a
By:
Deputy C[v jam jo 41,
(Signators: Please Attach Notary
Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By: (i�� —
Deputy
FORM Subdivision Agreement v04-05-04
JB May 21,2004
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA}
COUNTY OF FRESNO}
On 044 e, 3 0 before me,
KELLY G. SWERTFAGER personally appeared:
personally known to me ( to
be the person(s) whose name(s) i scribed to the within instrumen
acknowledged to me that he/she a the same in his/h r/their
authorized capacity(ies), an that by his/he nature(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.
Signature
(NOTARY
SEAL)
KELLY G.SWERTFAGER
'COMM.#1352032
�- NOTARY Kax•CAUFORMA
FRESNO COUNTY
My Comm.Expires May 14,2006
EXHIBIT A Subdivision Agreement for Tract 4422
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $42,778
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $13,304
Street Construction Cost Estimate $39,200
Final Cost Estimate (for Inspection Fee purposes) $95,282
22 Landmarks, Monuments, Lot&Block Corners($50/ea) $1,100
Sub-Total(for bonding purposes) $96,382
Construction Contingency(10%) $9,638
TOTAL COST ESTIMATE*
(for improvement securities purposes) $106,020 $106,000
*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 $101,000
5% of amount shall be in cash or a Certificate of Deposit $5,000
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 $53,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
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 $0
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 $0
0.5%of amount over$500,000 $0
Minimum amount $5,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 05/17/04 Print Date:05/17/04 11:13:05 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 4422
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
Final Cost Estimate<$10K na
(11.52%;$600 minimum fee)
95 2$ Final Cost Estimate>$10K<$500K $7,607.67
($4836+3.25%of amount over$10K)
Final Cost Estimate over$500K na
($20,793+4.1%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 0,00
Inspection Fee I P,6 $7 607.67
2. MONUMENT CHECK FEE
0 Lots and Outlots @ $30.00 per Lot $200.00 $200.00
(Min$200)
3. STREET SIGNSI
L Street Name Sign sets @ $173.00 per set $173.00 $173.00
0 Warning/Regulatory signs @ $77,00 sign $77.00 $77.00
4. STREET TREES
City installed(15-gallon)Street Trees @ $129,00 per Tree na na
08 Inspection Fee(when planted by subdivider) @ $30,00 per Tree 180.00 $180.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(8
Lum Sum Charge as established by Public Works Director tact na
8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
0 Lots(anticipated maintenance cost) @ per Lot na
F7Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
0 assessment district proceedings @ 0.00 min)
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 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 nal
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 411 Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ 260.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES&CHARGES 287.137 7.ffT
EXHIBIT B v11101/01 Printed 05/17/04 11:17:26 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 4422
NET AMOUNT
EXTENSION DUE
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
2.2763 Gross Acres
2.1071 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
6 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AG FMFCD Drainage Area
2.2763 Acres per FMFCD @ 720 per Acre $6 192.00
Local Drainage Fee $6.192.00 192.00'
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Cha e
Frontage: Sierra Avenue 27 300'SF
Total Square Feet 27 300 SF
27 300 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $2 730.00
Less estimated Lateral Sewer Charge Credits D 00
Lateral Sewer Charge $2 730.00 $2.730.070
(b)Oversize Sewer Charge
____16 UGM Reimbursement Area
Frontage: I Sierra Avenue 27 3tl0 SF
Total Square Feet 27 300 SF
27 300 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1 365.00
Less estimated Oversize Credits
Less estimated Overdepth Credits 0.00
Oversize Sewer Charge $1,365.001 $1.365.
(c)Trunk Sewer Charge
Come—#-a]Trunk Sewer Service Area
6 Units @ 19.00 per Unit 2 514.00 $2 514.00
(d)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
(e Sewer Ca acity Enhancement Charge
na Trunk Sewer Service Area
61 Units @ per Unit na nal
(
Copper Avenue Sewer Lit Station Benefit Service Area Char e
6 Units @ Per Unit na 0
( Fowler Trunk Sewer Interim Fee Surety
6 Units @ F" 1 000.00' per Unit nanal
EXHIBIT B 01/01/01 Printed 05/17/04 11:17:26 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 4422
NET AMOUNT
EXTENSION DUE
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
20040217 jEstimateNumber
4968 Water Job Number
Estimated Deposit(FMC 14-111 $6,400,001 8400.00
(b)Service Connection Charges
5 1"Meters to existing services @ $320.00 each 1 $1,600.00 1 600.00
1 11-1/2"Meters to existing services @ $470.00 1 each $470.00 70.00'
(c)Frontage Charge
LJ LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
2.1071 Net Acres @ $700.00 per Net Ac $1 474.97
Less Estimated TGM Construction Credits F---$6,530.001
Transmission Grid Main Charge IPaid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
2.1071 Net Acres @ $304.00 per Net Ac $640.56
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $640.56
(fLq2M Water Supply Fee
201a Supply Well Service Area
6 Living Units(residential) @ 354.00 per Unit $2 124.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $2 124.001 $2,1124,7551
( Well Head Treatment Fee
201 Well Head Treatment Service Area
6 Living Units(residential) @ $0 t per Unit
(h Rechar a Fee
201 Recharge Service Area
6 Living Units(residential) @ $0.00'per Unit
(i)1994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
61 Living Units(residential) @ per Unit
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
#4 Fire Station Service Area
2.2763 Gross Acres @ 54T. per Gr Acre $1 245.14 $1,20.141
(b UGNEIGHBORHOOD PARK FEE
6
Neighborhood Park Service Area
2.2763 Gross Acres @ 1 32.00 per Gr Acre $2 576.77 2 576.77
EXHIBIT B v11/01/01 Printed 05/17/04 11:17:26 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for T- 4422
NET AMOUNT
EXTENSION DUE
(c UG�R STREET CHARGE
CID-2 Major Street Zone
2.1071 Adjusted Gross Acres @ 1 930a per AG Ac $4 066.70
Less Estimated Major Street Charge Construction Credits
Major Street Charge 1 $4,066.70 068.7#1
(d)UGM MAJORSTREET BRIDGE CHARGE
C/D-2 Major Street Bridge Zone
2.1071 Adjusted Gross Acres @ 65.1 per AG Ac $136.96
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1 $136.96 1"36 96'
(e)UGM TRAFFIC SIGNAL CHARGE
2.1071 Adjusted Gross Acres @ 860:OQ per AG Ac $1 812.11
Less Estimated Traffic Signal Charge Construction Credits ,tM)'
Traffic Signal Charge $1 812.11 1 812.11
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
2.1071 Adjusted Gross Acres @ SOA`per AG Ac na
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
2.1071 Adjusted Gross Acres @ per AG Ac na
(h OVERLAY
EWER SERVICE AREA
Millbrook Overlay Service Area
2.1071 Adjusted Gross Acres @ per AG Ac na
Total Impact Fees&Charges 73 71
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES
TOTAL(B) IMPACT FEES&CHARGES
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) 111).S°li
EXHIBIT B v11/01101 Printed 05/17/04 11:17:27 AM Page 4 of 4
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Date Tax
Opened: 06/02/2004 Term: 12 Months ID:94-2881265 Number: 221390
Certificate of Deposit Account Number: 2311314
Amount of
Deposit: Five T housald Dollas And No Cents $5000.00
This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK
1041 EAST SHAW
_ FRESNO, CA 93110
PACIFIC III, LP '•
FOR THE CITY OF FRESNO
TRACT 4422
4950 E YALE AVE SUITE 101
FRESNO CA 93121
Not Negotiable-Not Transferable -Additional terms are below. �-
Additional Terms and Disclosures
This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to
Truth-in-Savings disclosure for those depositors entitled to one. There
are additional terms and disclosures on page two of this form, some of open this account of$ 1,000.00
which explain or expand on those below. You should keep one copy of ❑ you must maintain this minimum balance on a dell basis to earn the
this form. y
Maturity Date: This account matures 06/02/2005 annual percentage yield disclosed.
(See below for renewal informations) Withdrawals of Interest: Interest ® accrued ❑ credited during a
Rate Information: The interest rate for this account is2.0000 % term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT
with an annual percentage yield of 2.02 %. This rate will be FREQUENCY
paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal
the business day you deposit any noncash item (for example, a check). that is otherwise not permitted you may have to pay a penalty. The
Interest will be compounded DAILY penalty will be an amount equal to: ONE (1)MONTH'S
Interest will be credited Monthly
interest on the amount withdrawn.
® The annual percentage yield assumes that interest remains on deposit Renewal Policy:
until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically
® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity.
receive the,accrued interest. ® Automatic Renewal: If checked, this account will automatically
The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew'on the maturity date.
other purpose is: 1 Interest ,® will ❑ will not accrue after final maturity.
ACCOUNT ;OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS
and intend the type of account marked below. TIN•94-2881265
❑ Individual ❑ Joint Account ® Taxpayer I.D. Number -.The Taxpayer ❑ Exempt Recipients - I am an exempt
❑ Joint-Husband and Wife wthright crnr.irurship) Identification Number shown''above (TIN) is recipient under the Internal Revenue Service
❑ Community Property -Husband and Wife11
my correct taxpayer identification number. Regulations.
❑ Tenancy in Common ® Backup Withholding -I am not subject A provision for my signature, certifying
to backup withholding either because I have under penalty of perjury the statements
❑ Trust: Separate Agreement Dated P g checked In this section and that I am a U.S.
not been notified that I am subject to backup person (includinga U.S. resident alien), Is
® LIMITED PARTNERSHIP withholding as a result of a failure to report P )
contained on the first copy of this
all interest or dividends, or the Internal
certificate.
Revenue Service has notified me that I am no
❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding.
Designation as defined in this agreement
(Beneficiaries' names and addresses)
ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL
X
X
X
P993 Bonkers Systems,Inc.,St.Cloud MN Form CD-AA-LAZ-CA(1) 10/17/2001 READ PAGE TWO FOR ADDITIONAL TERMS (pope 1 or 1)
INSCO INSURANCE SERVICES, INC.
'nsCia'�O Underwriting Manager for:
0 o p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200-Irvine,California 92614-(949)263-3300
BOND NO. 566808S
$ 2,222.00 premium is for
a term of two vear(s)
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,Pacific III,a California Limited Partnership ,as Principal,
and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by virtue of the
laws of the State of Iowa and duly licensed to conduct a general surety business in the State of California
as Surety,are held and firmly bound unto
City of Fresno
as Obligee,in the sum of
One hundred one thousand&no/100������'����' '•."........."...........'.....
••••••••••••••••••••••`••••••••••••••••••••••••"••••••••• ($101,000.00 )Dollars,for which payment,
well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal,as a condition of the filing of the final subdivision map of(Tract/Parcel)Map No 4422 ,
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Fresno
California,this 1st day of June 2004
YEAR
"PRINCIPAL" "SURETY"
Pacific III,a California LimitectPartnersh)6 Deivelopers Sure n demnity Company
BY:
Ly*Genit Attorney-in-Fact
ID-1266(CA)(REV.1/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On apj tk 1(` before me, Roberta Voss,Notary Public,
personally appeared Lyn Genito,
® 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.
ROBERTA VOSS
COMM,#1338278
NOTARY PUBLIC•CALIFORNIA `•
FRESNO COUNTY WITNESS m hand and official seal.
My Comm,Expires Jen:19,2006 Y
Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
cA•Icw 24(7/00)
'nsC INSCO INSURANCE SERVICES, INC.
��CD Underwriting Manager for:
eve
FIE) Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 566808S
BOND NO.
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Pacific III,a California Limited Partnership ,as Principal,
and Deve opera Surety and Indemnity Company ,a corporation organized and doing business under and by virtue of the
laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California
as Surety,are held and firmly bound unto
City of Fresno
a sObligeet in�the hum of
Fifty three thousand&no/100.............................................................................
($ 1 Dollars,for which payment,
well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally,firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal,has entered into an agreement or agreements which are made a part of this bond,with the
City of Fresno as Obligee for the improvements in the
subdivision designated as(Tract/Parcel)Map No. Tract#4422 ,as required
by the Government Code of California.
NOW THEREFORE,the condition of this obligation is such,that if the above Principal fails to make payment to any contractor,
his subcontractors,or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements,the Surety on this bond will pay the same,in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code
of California as improvement security,and shall inure to the benefit of any and all contractors,their subcontractors and persons
renting equipment or furnishing labor or materials to them for the improvement.Notice of extension of time for completion is waived
by the Surety.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Fresno
California,this 1st day of June 2004
YEAR
"PRINCIPAL" "SURETY"
Pacific III,a California Limited Partnership De elopers Surety and Indemnity Co any
BY:W' 9-7 0
Lyn Genit Attorney-in-Fact
ID-1265(CA)(REV.1101)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On before me, Roberta Voss,Notary Public,
personally appeared Lyn Genito,
® 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.
RORRTA VOSS
COMM.#1338278 c
NOTWy fWUC-CAUF0
R%L4 n
.'QFRESNOCouttiv WITNESS my hand and official seal.
My Comm.E", . Jan.19,2006
01
Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA-ICw 24(7/00)
• POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE.CA 92623•(9 49)363-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly fimited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Stephen E. Highley, Matt DeFendis, Lyn Genito, Roberta Voss, Justin Smit, jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretvship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is.authorized to attest the execution of any such Power of Attorney:
RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this S"day of January.^_Olt..
By: ,�� AND �y0,,,• �1,p AN Y 0
David H.Rhodes,Executive Vice PresidentyJ :'O�P0RgT���'y- h�G aPPOR,,
4
OCT. OCT.510
n
1 9 3 6 o w 1967 a
By.Walter A.Crowell, Secretary +�s�d0.,!0W A,,.*�aaa �2 cq(,FOP��P a�
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January S,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities.and that by their signatures on the instrument the entity upon behalf of which the nersons acred.execured the insrrnment.
WITNESS my hand and official seal r ANTONIO ALVARADO
p COMM.#1300303
g , m Notary Public-California
i ORANGE COUNTY i
Signature - My Comm.Expires APRIL 10,2005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore,that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney.are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 1St day of June 2004
By
David G.Lane,Chief Operating Officer
ID-1330(01102)