HomeMy WebLinkAboutT-4487 - Agreement/Covenant - 6/30/2006 -r
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SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4487
A Planned Development
of Vesting Tentative Map of Tract No. 4487 UGM 549
P.W. File No. 9379
THIS AGREEMENT is made this I7'6 day of nRwewt624 ,
2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Riverview Estates,a California General Partnership,hereinafter designated
and called the "Subdivider,"without regard for number or Gender.
Subdivision Agreement
Tract No. 4487
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. 4487/UGM 549, 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 required as Conditions of Approval for Tentative Map Tract No. 4487/UGM
549 dated May 15, 1996 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 and approval of the Final Map for filing with the County of Fresno to record
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. 4487
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 July 31, 2004, 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 July 31, 2006, (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 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.
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 Subdividers attention is particulady 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.
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.
4
Subdivision Agreement
Tract No. 4487
Page 4
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.
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 comers 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. 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
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 Traffic Engineer.
Subdivision Agreement
Tract No. 4487
Page 5
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 20-foot landscape easement along the rear
property lines of all lots which back-onto West Audubon 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. 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
the subdivision, attesting to the purchaser's 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 Special Districts/Projects and Right-of-Way
Services c/o PublicWorks ks Department,Engineering Services Division,2600 Fresno Street,
Fresno, California 93721-3623.
Subdivision Agreement
Tract No. 4487
Page 6
j. Perform and construct all work shown on the following referenced plans:
a. [City Drawing Nos: Water Job No. 4716 (5 sheets) inclusive, 15-C-
10124 through 15-C-10126a] (3 sheets)inclusive, Drawing No.4-C-399(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.
k. Prior to the approval of the Final Map by the City, the Subdivider shall pay
to the City and/or execute 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."
I. In connection with assigning figures set forth in Exhibit "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 . Reimbursements or credit, if any, to the
Subdivider shall be made only in compliance with provision of the City's UGM ordinance
or any other City ordinance providing for reimbursement or credit.
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
Subdivision Agreement
Tract No. 4487
Page 7
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 the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence
to business in California 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
b. 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.
C. Performance security to guarantee the completion of the plans and profiles
for Landscaping/Irrigation and Wall Improvements. The total 100%estimated amount shall
be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of
said plans and profiles.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
f
Subdivision Agreement
Tract No. 4487
Page 8
6. Upon 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.
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 partthereof. 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
Subdivision Agreement
Tract No. 4487
Page 9
Subdividers 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.
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
Engineerwho 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
Subdivision Agreement
Tract No. 4487
Page 10
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
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.
Subdivision Agreement
Tract No. 4487
Page 11
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. 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
Subdivision Agreement
Tract No. 4487
Page 12
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 Owner or Developer without the written consent
of City.
Subdivision Agreement
Tract No. 4487
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Mu icipal C rporation
� /J /��s. RIVERVIEW ESTATES
SAM -urW. , A California General Partnership
INTERIM DIRECTOR
PUBLIC WORKS DEPARTMENT By: The Roz Group, Inc., a California
Corporation, formerly known as Bargain
���J fie. / 1 �� Homes, a California Corporation, P ner
By: By:
Victor Roznovsk President
ATTEST:
REBECCA E. KLISCH By: Better Homes, Inc. a California Corporation.
CITY CLERK Partner
0
0
By: By:
Deputytanley L. Spfino, President
By: Fresno Supreme, Inc.
a California Corporation
APPROVED AS TO FORM: C�C�
f
HILDA CANTO MONTOY <1 4 ubert Hoffman, President
City Attorney
-Notary Acknowledgment)
By:
Deputy
DATE:SEPTEMBER 11,2002
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On 09/12/02 before me, Susan Soutas, Notary Public (Name,Title of Officer)
personally appeared Victor Roznovsky, Stanley L.Spano and Edmund W. Bergthold
(Name(s)of signer(s)
Fx personally known to me - OR - ❑
to be the persons whose names
are subscribed to the within instrument and
�_— — — _ = acknowledged to me that they executed
SUSAN SOUTAS the same in their authorized
Commission#1196452
Notary Public-Calffamia capacities, and that by their signatures
Resno County on the instrument the persons, or
9MYCOMIT1.5OWSOP14,2002 the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
J&0a'A-) J&7.4�
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(S) _
X CORPORATE OFFICERS Subdivision Agreement
Tract No. 4487
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) 8 LIMITED NUMBER OF PAGES
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) DATE OF DOCUMENT
GUARDIAN/CONSERVATOR
OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
Tract No. 4487/UGM 549
P.W. File No. 9379
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on , in the office of the Fresno County
Recorder, Document No. of which the Deed of Trust in by and between
as Trustor,
as Trustee and
Beneficiary, hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for
Tract No. 4487, a Planned Development of Vesting Tentative Map Tract No. 4487/UGM 549
DATED: , 20
BENEFICIARY
By:
By:
(Attach Notary Acknowledgement)
EXHIBIT A Subdivision Agreement for Tract No. 4487, A Planned DevelopmentC
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
...................................................................
Water System Construction Cost Estimate
...................................................................
Well Construction Cost Estimate ;$0„
Sewer System Construction Cost Estimate $0.
.. .. ..........
...................................................................
Street Construction Cost Estimate
Final Cost Estimate (for Inspection Fee purposes) =118,634
82 Landmarks, Monuments, Lot& Block Corners ($50/ea) $4,600
Sub-Total (for bonding purposes) $123,234
Construction Contingency (10%) $12 323
TOTAL COST ESTIMATE*
(for improvement securities purposes) $1351557 $136,000
*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 $129,200
5% of amount shall be in cash or a Certificate of Deposit $6,800
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 $68,000
Faithful Peformance Security to Guarantee Completion of Plans
...................................................................
Street Plans
,. ...
Utility Plans (Sewer.Water, Storm Water) $Q'
Street Light Plans
. ...__... .$n::
Landscaping/Irrigation/Walls $3 000
100% of amount shall be in cash or a Certificate of Deposit $3,000
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 $0
0.5% of amount over$500,000 $0
Minimum amount $5,000
EXHIBIT A v4128/00 Prepared By: Louis Rocha Date:06/25/02 Print Date:06/25/02 2:10:45 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract 4487, A Planned Development
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
SO Final Cost Estimate<410K. 0
(7%;$300 minimum fee)
1118 834 FkW Cost Estimate>111101<c$SWK 55,045.36
($700+4%of amount over$10K)
30 Fine)Cosh Estimate over$500K
($20,000+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 32,771.00
Less Inspection Fees paid with Early Street
Construction Agreement $0.00
Inspection Fee 1 $2,274.36 $2,274.36
2.MONUMENT CHECK FEE
37 Lots and Outlots 330.00 per Lot $1,110.001
(Min$200)
3.STREET SIGNS
0 Street Name Sign sets 3173.00 per set 0nal
L+J
Warning/Regulatory signs 577.00 sign 3231.001 $231.00
4L STREET TREES
13 City Installed(15-gallon)Street Trees 5129.00 per Tree 31,677.00 $1,677.00
O Inspection Fee(when planted by subdivider) 328.00 per Tree nal
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)� �---�
Lum Sum Charge as established by Public Works Director 1�
S.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
37 Lots(anticipated makdenanoe cost) 3135.45 per Lot 35,011.65
Lots(Incidental e)Venses:legal fees, per Lot
publications,mailings,engineering, ($1,500
37 assessment district proceedings ® 525.00 min) 31,500.00
Lum Sum Landscape area Field Inspection Fee-Parks 5305.00 LS 3305.00
Total 36,818.651 $6,816.65
3141.00 Estimated assessment per Lot(information only)
7.IRRIGATION PIPEUNE(one-time maintenance fee)
Lineal Feet ® 55.00 per LF na na
TOTAL MISCELLANEOUS FEES&CHARGES $12,109.01 $12,109.01
EJW191T a v4r28100 Printed 08/27102 8:40:33 AM Pape 1 of 5
rim
EXHIBIT E Subdivision Agreement for Tract 4487, A Planned Development
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
12.5907 Gross Acres
0.0000 Net Acres
11.7582 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector streets
37 Units(residential)
0 LUE(non-residential
R-1-C Zoning
m Input'ugm"it within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
OH FMFCD Drainage Area
0.0000 Acres per FMFCD SO per Acre
FMFCD Drainage Area
0.0000 Acres per FMFCD per Acre
Local Drainage Fee 0.00 (61)
(81)All or portion of tee obligation satisfied pursuant to FMFCD agreenx
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge 10.001 1 WWI
(6 Oversize Sewer Charge
7 UGM Reimbursement Area
Audubon 94,500 SF
Total Square Feet 11"F
94,500 SF;sub-total Oversize Sewer Charge @ 50.05 per SF 54 725.00
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits $0.00
Oversize Sewer Charge 0.00 ®5
(c Trunk Sewer Charge
Hemdon Trunk IT Service Area
37 Units 5496.00 per Unit $18,352.00
(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(FMC 9-503-b)
(e Sewer Ca city Enhancement Charge
na Trunk Sewer Service Area
37 Units @ 50.00 per Unit nana
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
16436 Estimate Number
4716 Water Job Number
Estimated Deposit(FMC 14-111 $6,000.00 (B3)
(63) Deposit paid with Early Constnxtion Agreement
(b1)Service Connection Charges
161 V Meters to existing services 5320.00 each $5,120.00 $0.00 $5,120.00
2111-1 r2"Meters to existing services ® 1 $470.00 leach $9,870.00 $0.00 $9,870.00
EXHIarT 8 v4128M Pr4Med 08/27102 8:40.34 AM Pape 2 d 5
EXHIBIT B Subdivision Agreement for Tract 4487, A Planned Development
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(b2)Landscape Service Connection Charges
1 1-1/2'Meters to wdsting services @ 3470.00 each 5470.00 $470.00
.522 U/. 0f(1PVBoA)0,4 /-Zo - ZGQ¢
(c)Frontage Charge
Frontage Charge 0 $0.00 $0.00
(d)Fin HydraM Charge
432,884 SF;residential zoning @ 50.75 per 100 SF $3246.63
(e)Transmission Grid Main Charge
A UGM Reimbursement Area
12.5907 Gross Acres @ 3560.00 per Gr Acre 57,050.79
Less EstimatedTGM Construction Credits 50.00
Transmission Grid Main Charge 1 . ••" ■ 0.00 0. 9
Transmission Grid Main Bond Debt Service Charge
12.5907 Gross Acres @ 3243.00 per Gr Acre 53,059.54
Less EstimatedTGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $3,059.54 50.00 50.00
Subject to vesting tentative map date,fee
may not be applicable unlit 2-years after date
of Final Map recordation;when applicable,
fee is due at Building Permit for all
un-developed lots at the fee rate then in
effect
( UGSSuppy Fee
101s Supply Well Service Area
37 Uving Units(residential) @ 3397.00 per Unit 514,689.00
Less Estimated UGM Water Supply Fee Contraction Credits 50.00
UGM Water Supply Fee $ 14,689.00
(h Well Held Treatme Fee
101 Wap Head Treatment Service Area
37 lJving Unita(residential) @ 30.00 per Unit 30.00
Less Estimated Well Head Treatment Fee Constriction Credits 50.00
Well Head Treatment Fee $ 50.00
Q Rocha !F"
101 Recharge Service Area
37 Living Units(residential) @ 50.00 per Unit 50.00
Less Estimated Recharge Fee Construction Credits 50.00
Recharge Fee I sum 0.00
Qj 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
37 living Units(residential) @ 5895.00 per Unit 533,115.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 50.00
1994 Bond Debt Service Fee $33,115.00 $33.115.00
ExH(arr 6 vwmoo P&ted 0827102 8:40:34 ISM Pepe 3 of 6
EXHIBIT B Subdivision Agreement for Tract 4487, A Planned Development
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�TATION FEE
2 Fire Station Service Area
12.5907 Gross Acres 5122.00 per Gr Acre i1 538.07 1$0. �0 $1,536.071
(b)UGM NEIGHBORHOOD PARK FEE
6 Neighborhood Park Service Area
12.5907 Gross Acres per Gr Acre 18,270.17 0 �t 70.1D
(c)UGM MAJOR STREET CHARGE
A Major Street Zone
11.7582 Adjusted Gross Acres 52,150.00 per AG Ac 125 280.13
Less Estimated Major Street Charge Constriction Credits
Major 1-�
Major Street Charge ' , L SOXI 1 $25,280.1-3-1
( UGM MAJOR STREET BRIDGE CHARGE
Major Street Bridge Zone
11.7582 Adjusted Gross Ames 40 520.00 per AG Ar: 1235.16
Less Estimated Major Street Bridge Charge Construction Credits 50.00
Major Street Bridge Charge 1 j_0 $235.N]
(e)UGM TRAFFIC SIGNAL CHARGE
11.7582 Adjusted Gross Acres 40 1880.00 per AG Ac 510,11205
Less Estimated Traffic Signal Charge Construction Credits 50.00
Traffic Signal Charge 1 $10,112.05 5510-0110,11 .0
( UGM GRADE SEPARATION CHARGE
Grade Separation-Service Area
11.7582 Adjusted Gross Acres 50.00 per AG Ac
Less Estimated Grade Separation Charge Construction Credits 50.00
Grade Separation Charge 1 10.00 000 0.00
( UGRADE RAILROAD CROSSING FEE
A-0 At-Grade RRXMg Service Area
11.7582 Adjusted Gross Acres 5238.00 per AG Ac 12,774.94
A-E At-Grade RRXing Service Area
11.7582 Adjusted Gross Anes ® 1160.00 per AG Ac 11 881.31
Less Estimated At-Grade RRXing Charge Construction Credits 50.00
At-Grade RRXing Fee I + 1 $0.001858.2
(h)UGM TRUNK SEWER FEE
Trunk Sewer Service Area
11.7582 Adjusted Gross Acres ® 50.00 per AG Ac
Less Trunk Sewer Fee Credits 50.00
Trunk Sewer Fee 50.00 �0 0.00
(i)OVERLAY SEWER SERVICE AREA
Millbrook Overtay Service Area
11.7582 Adjusted Gross Acres 10.00 per AG Ac
EMBIT 9 v428100 PrWded 0827102 8:40:34 AM Pepe 4 d 5
r
EXHIBIT B Subdivision Agreement for Tract 4487, A Planned Development
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
Total Imped Fees& $163,787.79 $36,767.63 $1077970.62
Note: EXTENSION total Includes net results of cont cOw credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $12,109.01
TOTAL(B) IMPACT FEES&CHARGES 536,757.63 $107,970.62
TOTAL SU13DMSION FEES and CHARGES DUE WITH AGREEMENT cash $0,15W.64
EXHIBIT 6 v428/00 P&Ked 0827/02 8:40:34 AM Pape 6 of 5
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and
hereby acknowledge and understand that the property I/We have purchased lot(s)
of Tract No. 4487/UGM 549, is subject to an annual assessment
currently estimated at$_L41.00.
The annual assessment represents my/our fair share of the costs for maintenance of
the landscaped easements maintained by the City within Tract No. 4487/UGM 549. 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
FT4487 SubdivWm Agreement wpd (JULY 8,2002)
EXHIBIT "C"