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HomeMy WebLinkAboutT-4493 - Agreement/Covenant - 8/14/2006• 4 City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10306 SUBDIVISION AGREEMENT FOR TRACT NO. 4993v PHASE II OF VESTING TENTATIVE MAP NO. 4646/UGM r Subdivision Agreement Tract No. 4993 Page 2 TH I S AGREEMENT is made this Zf y1f day of it, ,2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and CENTEX HOMES, a Nevada General Partnership, 1840 South Central Avenue, Visalia, California 93277, 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. 4993 (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 specked. 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 Vesting Tentative Map No.4646/UGM t Subdivision Agreement Tract No. 4993 Page 3 dated April 6, 1994 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 May 31, 2006, 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 May 31, 2008, (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 Pants, 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 r Subdivision Agreement Tract No. 4993 Page 4 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'S,"attached hereto and made a part of this Agreement and/or the "Statement of Covenants Affecting Land Development to Plant and Maintain Front Yard Trees for Tract No. 4993," 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 foroccupancy 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. 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 Y Subdivision Agreement Tract No. 4993 Page 5 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 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.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 accordancewith Section 13-120.3315 of the Fresno Municipal Code. 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 Subdivision Agreement Tract No. 4993 Page 6 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 (i.e., Landscape and Irrigation Plans, Grading Plans), within the Landscape Easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the landscaping and irrigation systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the maintenance thereafter. The Subdivider shall provide each prospective purchaser, a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. 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 : a. City Drawing Nos:[10-C-8096through 10C-8100with WaterJob No. 4806(5 sheets) inclusive, 15-C-11528 through 15-C-11540(13 sheets) inclusive, Drawing No. 4-C-626 (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 Public Works Standards and the construction plans. Subdivision Agreement Tract No. 4993 Page 7 k. Prior to 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 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 i Subdivision Agreement Tract No. 4993 Page 8 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 fumished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100%of the Final Cost Estimated to be conditioned upon the faithful performance of this Agreement. L 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, i Subdivision Agreement Tract No. 4993 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, firrn 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 i Subdivision Agreement Tract No. 4993 Page 10 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 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. 4993 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 Subdivision Agreement Tract No. 4993 Page 12 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 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. HI M t t Subdivision Agreement Tract No. 4993 Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, a Municipal Corporation SUBDIVIDER CENTEX HOMES PUBLIC WORKS DEPARTMENT a Nevada General Partnership By: Centex Real Estates Corporation a Nevada Corporation Its Managing General Partner By: Michael T. Kim, P.E. Director By: jkz ATTEST: David Hatch, Division President REBECCA E. KLISCH, CMC CITY CLERK By: .Qiru,�� � Deputy ? (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy FORM SubdHision Agreement v10-03-03 LR April 21,2004 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California —r County of SS.ss. On . tPi , before me, '1� L�1►� ort; —` Name and The of Officer(&q..'Jane Doe.Notary Publicl � personally appeared AU i S�k Names)of Signer(a). A personally known to me 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 V C.PATTON signature(s)on the instrument the person(s), or Cofnm9011ion01326004 the entity upon behalf of which the person(s) Notary PublIC-Caftmia Tulare Count acted, executed the instrument. Le MY Cortin Expires Nor21,2005 ,7j I ESS y hand and official seal. i Raoa Notary Seal Above Signature of Notary Public i I DIM NaDo al NeatryAssociation-9=D&Sab Ave-P.O.Box 2402•Qtabwo t G 81519-2/@•wwwj*amdrwlarY!ory Pmt No.907 Raordv Gl Td-F &14BOba7B SW EXHIBIT A Subdivision Agreement for Tract 4993 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $80,315 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $55,054 Street Construction Cost Estimate $508378 Final Cost Estimate(for Inspection Fee purposes) $643,7471 240 Landmarks, Monuments, Lot&Block Comers($50/ea) $12,000 Sub-Total(for bonding purposes) $655,747 Construction Contingency(10%) $65,575 TOTAL COST ESTIMATE* (for improvement securities purposes) $721,322 $721,0001 `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 $685,000 5%of amount shall be in cash or a Certificate of Deposit $36,000, 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 $360 500 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 $4,000 0.5%of amount over$500,000 $1,100 Minimum amount $10,100 EXHIBIT A v4/28/00 Prepared By: Frank Date: 04/20/04 Print Date:04/20/04 4:36:22 PM Pagel of 1 EXHIBIT B Subdivision Agreement for T- 4993 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE 50 Final Cost Estimate 5$1 OK na (11.52%;$600 minimum fee) 50 Final Cost Estimate>$10K 4500K na ($4838+3.25%of amount over$10K) 5843 747 Final Cost Estimate over$500K $26.686.63 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early SewerfWater Construction Agreement S8 910.00 Less Inspection Fees paid with Early Street Construction Agreement 17 777.00 Inspection Fee 50.00 50.00 CK FEE 2.MONUMENT COHEots and Oudots ® 30.00 per Lot S3 030.00 $3,030-00 (Min$200) 3.STREET SIGNS� LrJ Street Name Sign sets ® 5173.00 per set 1384.00 51 384.00 Warning/Regulatory signs ® 577,00 sign F $154.00 $154.00 4.STREET TREES bl Inspection Fee(when planted by subdivider)® 530.00 per Tree 5270.00 270.00 202 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-2260(6 Lum Sum Charge as established by Public Works Director na 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 101 Lots(anticipated mainterlanoe cost) ® 527.00 per Lot S2 727.00 101 assessment districtVproceedings - ® 50.00 min) S1 500.00 Lum Sum Landscape area Field Inspection Fee-Parks a 5305.00 LS 5305.00 Total S4 532.00 S4 532.00 50.00 Estimated assessment per Lot(information only) 7.IRRIGATION PIPELINE(one-time maintenance fee) 700 Llneal Feet a 55.00 per LF 3500.00F $37500.00 6. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freswev 41!Friedl Roel!Herndon Corridor � �� 0.0000 Adjusted Gross Acres ® 5250.00 per AG Ac 50.00 $0.00 TOTAL MISCELLANEOUS FEES d CHARGES $12,870.00 $12,870.00 EXHIBITS v11/01/01 Printed 04/20104 4:29:35 PM Pepe 1 of 5 EXHIBIT B Subdivision Agreement for T- 4993 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 22.7671 Gross Acres 18.1271 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 101 Units(residential) R-1 Zoning m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES BW 1 FMFCD Drainage Area 21.7059 Acres per FMFCD per Acre 580 559.00 Local Drainage Fee 560 559.00 560 559.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Lateral Sewer Charge 50.00 50.00 (b)Oversize Sewer Charge Non-UGM Reimbursement Area Frontage: IN.ArmAve. 73000 SF Total Square Feet 73 000 F 73 000 SF;sub-total Oversize Sewer Charge per SF S3 650.00 Less estimated Oversize Credits 0.00 Less estimated Overdepth Credits 50.00 Oversize Sewer Charge 43 50.00 53 650.00 (eTrunk Sewer Charge Fawlerl Trunk Sewer Service Area 101 Units per Unit 34 744.00 534 744.00 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of budding permit.The fee rate currently in effect is$2.119 per Unit(FMC 9-503-b) (0) Sewer Enhancement Chart's na Trunk Sewer Service Area � 101 Units F--$0-0-0-1 per Unit ( Copper Avenue Sewer Lift Station Benefit Service Area Cham 0 Ur1tls per r Unit na na ( Fowler Trunk Sewer Interim Fee Surety 101 Units ® S7 000.00 per Unit 5101 000.00 50.00 101 000.00 EXHIBIT 13 01/01/01 Painted 04120104 4:29:37 PM Page 2 or 5 EXHIBIT B Subdivision Agreement for T- 4993 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a Time&Material Charges("Wet•Tio ) 0012222 1 Estimate Number 4406 I Water Job Number Estimated Deposit(FMC 14-111-f) 31 400.00 50.00(133) (133) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 92 1'Meters to existing services @ $320.:0:01 each $29.440.00 50.00 29 440.00 9 1-1Q'Meters to existing services $470.00 each $4 230.00 $0.00 230.00 (b2 Landau 1 2 M ars to nectiioharexisting es 3 741 A). l��,h S wG►A✓ ss�.00 each 8620.00 ss2o.00 (c)Frontage Cha Frontage: N.Armstrona Ave. 730 LF Sub-Tota!Lineal Feet(full rate) 730 LF 730 LF; sub-total Frontage Charge(full rate) @ 53.25 per LF S2 372.50 Sub-Total Frontage Charge 2,372.50 Less estimated Frontage Charge Credits 50.00 Frontage Charge 1... 50.00 S2 372.50 (d)Transmission Grid Main Charge E UGM Reimbursement Area 22.7671 Gross Acres 5560.00 per Gr Acre S72 749.58 Less Estimated TGM Construction Credits 512 750.00 Transmission Grid Main Charge 50.00 50.00 Paid w/Cred'Rs (*)Transmission Grid Main Bond Debt Service Charge 22.7671 Gross Acres per Gr Acre 5532.41 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $5.532.41 0.00 50.00 ••Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation;when applicable,fee is due at Building Permit for all un-developed iota at the fee rete then In effect. ( UGM Water Supply Fee S01s Supply Well Service Area 101I Living Units(residential) 507.00 per Unit 551 207.00 Less Estimated UGM Water Supply Fee Construction Credits S51 207.00 UGM Water Supply Fee aid w/ redlta EXHIBIT 8 v11/OW Priated 0421/04 11:45:56 AM Pape 3 015 1 EXHIBIT B Subdivision Agreement for T- 4993 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED ( Well Haad Tnstment Fee 501 Wel!Head Treatment Service Area 101 Living Units(residential) (� $207.00 per Unit $20 907.00 Less Estimated Well Head Treatment Fee Constriction Credits Well Head Treatment Fee ® $20 907,00 (h)Recharoo Fee 501 Recharge Service Area 101 Living Units(residential) $81.00 per Unit $6181.00 Leas Estimated Recharge Fee Construction Credits Recharge Fee 1 1.00 ( 1994 Bond Debt Service Fee 501 1994 Bond Debt Service Fee Service Area 101 Living Units(residential) a $244.00 per Unit $24 844.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee $24644.00 $0.00 $24.644.001 4. URBAN GROWTH MANAGEMENT(UGM)FEES 3 CONSTRUCTION CREDITS (a UG�STATION FEE Undesi Hated Fire Station Service Area 22.7671 Gross Acres ®F---5-6-6-551 per Gr Acre $18 213.88 $0.00 $18,213.681 (b UGBORHOOD PARK FEE 2 Neighborhood lark Service Area 22.7671 Gross Acres @ S1 850.00 per Gr Acre $37 585.72 $0.00 $37.565.72 (e UGM MAJOR STREET CHARGE 0.1lE-2-2 Major Street Zone 18-12711 Adjusted Gross Acres E2 180.00 per AG Ac 39 517.08 Less Estimated Major Street Charge Construction Credits $29 640.00 Major Street Charge $9,877.081 (d UGD-11 8TREET BRIDGE CHARGE D-1/E-2 Major Street Bridge Zone 1271 Adjusted Gross Acres 210.00 per AG Ac S3 808.69 Leas Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $3.806.69 $0.00 $3,806. (e)UGM TRAFFIC SIGNAL CHARGE 18.1271 Adjusted Gross Acres ® $860.00 per AG Ac $15589.31 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge 15 9.31 $0.00 $15.589.313 EXHIBIT B 01101/01 Primed 04/10/04 4:29:37 PM Page 4 of 5 f r� EXHIBIT B Subdivision Agreement for T- 4993 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED UGM GRADE SEPARATION CHARGE Grade Separation Service Area 18.1271 Adjusted Gross Acres 50.00 per AG Ac ( UGM TRUNK SEWER FEE Trunk Sewer Service Area 18.1271 Adjusted Gross Acres @ 50.00 per AG Ac na (h OVERLAY SERVICE AREA Millbrook Overlay Service Area 18.1271 Adjusted Gross Acres @ 50.00 per AG Ac na Total Impact Fees&Charges $316,529.56 $122,991.00 $263,138-56 Note: EXTENSION total Includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES S12 870.00 TOTAL(B) IMPACT FEES&CHARGES 5122 991.00 $263 138.56 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $135,861.001 EXHIBITS vil/01/01 Printed 04/20/04 4:29:37 PM Pape 5 or 5