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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. 4582
of Vesting Tentative Tract No. 4582/UGM
P.W. File No. 10172
THIS AGREEMENT is made this day of MU
2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Spalding G.Wathen and Della Wathen, husband and wife, as joint tenants,
4470 North Effie Street, Fresno, California 93726 hereinafter designated and called the
"Subdivider,"without regard for number or Gender.
' r
Subdivision Agreement
Tract No. 4582/UGM
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. 4582/UGM, said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes specified thereon, and
to otherwise approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map,the dedication of such streets,highways and public places and easements as are delineated
and shown on said map, and deems the same as necessary for the public use, and also requires
that any and all streets delineated and shown on said map shall be improved by the construction
and the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the
time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the
City of Fresno.
D. The Subdivider desires to construct the 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. 4582/UGM
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 June 30, 2002, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before June 30,2004, (The developer
may submit a written request to the Public Works Director for an extension
of time to complete the construction of the sidewalk and driveway
approaches).
C. The Lot comer monumentation shall be completed to the satisfaction of the
Director of Public Works as provided by Code, on or before June 30, 2002,
(The developer may submit a written request to the Public Works Director
for an extension of time to complete lot comer monumentation).
d. The Street trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
approved by the Parks Division. The responsibility to provide and plant, or
to inspect the required Street Tree plantings, shall be in accordance with
the Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part
of this Agreement.
e. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of U FC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
shall not be construed in any manner to constitute an acceptance and.
approval of any or all of the streets and improvements in said subdivision.
Subdivision Agreement
Tract No. 4582/UGM
Page 4
f. No certificates of occupancy will be issued nor,any human gccupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
g. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements(including
street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by
Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including
all costs of engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the 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
Subdivision Agreement
Tract No. 4582/UGM
Page 5
acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires
shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or
Modifications which may be adopted by Council prior to the actual installatigq of th :,l Ahts
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with City Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 10-foot landscape easement along the rear and
side property lines of all lots which back- and side-onto North Polk and North Santa Fe
Avenue frontages of the subdivision. The Owner has executed a covenant with the City
of Fresno guaranteeing maintenance of the required landscaping until such time as a
Maintenance District has been formed to provide for continued care and maintenance of
the required landscaping. The Owner also agrees to sign a petition asking the Council to
include this Tract in the existing District.
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing District. Additionally, the Subdivider is required to provide the City of Fresno with
copies of signed acknowledgments (see Exhibit"C") from each purchaser of a lot within,
the subdivision, attesting to the purchaser's understanding that the lot will have an annual
Subdivision Agreement
Tract No. 4582/UGM
Page 6
landscaping maintenance assessment and that the purchaser is aware of the estimated
-amount of the assessment.
the signed acknowledgments shall'be sent to Chief Engineering Technician of Design
Services c/o Public Works Department, Engineering Services Division,2600 Fresno Street,
Fresno, California 93721-3623.
j. As a condition of final map approval the Subdivider shall install a noise
barrier in the form of 6-foot masonry wall and earth berm combination at the rear of the
required 10-foot landscaped easement along lots 1 and 48 through 51 and at the south
property line of lots 37 through 47 in conformance with the Acoustical Analysis prepared
for Tract No. 4582 by Brown-Buntin Associates, Inc. dated March 2,9993, the addendum
dated March 24, 1993 and addendum prepared by Rabe Engineering, Inc.dated June 23,
1999 and the revised Acoustical Analysis by Rabe Engineering, Inc. dated November 24,
1999 with an addendum dated January 12, 2000. The railroad noise barrier shall also be
in accordance with the Railroad/Residential Interface Standards (Section 5.4) of the
Bullard Community Plan. No occupancy of any dwelling in the subdivision shall be
permitted unless the noise barrier and noise attenuation construction design of the units
are provided as identified by the acoustical analysis.
k. Perform and construct all work shown on the following referenced plans[City
Drawing Nos: 10-C-7708 through 1 OC-7712 with Water Job No.4742(5 sheets)inclusive,
15-C-10160 through 15-C-10165] (6 sheets) inclusive, Drawing No. 4-C-540 (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.
I. The Subdivider has paid to the City the sum of Sixty-eight Thousand Seven
Hundred Forty-six and 30/100 Dollars ($ 68,746.30) for the total subdivision fees and
charges and has executed a covenant to defer certain impact fees which are eligible as
a condition of final map approval.The total fees and charges are more particularly itemized
and made a part of this agreement in the attached Exhibit "B."
M. 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
Subdivision Agreement
Tract No. 4582/UGM
Page 7
to the payment of fees or reimbursements .
n. Thp parties ackrwwoedBqhat Subdivider maybe entitled to cer4r iefi ed
credits or reimbursements which are related to improvements performed within
Assessment District No. 131. It is further understood by the City and Subdivider that the
amounts of those credits or reimbursements are a matter of dispute between the two
parties and that the parties are attempting to resolve those amounts which Subdivider is
entitled to under the Assessment District,City ordinances and City's Master Fee Schedule.
The parties herein agree that those credits related to Assessment District No. 131 are a
matter of dispute and the parties by signing this agreement, do not waive any rights they
might otherwise have in accordance with the formation of Assessment District No. 131,
City ordinances or the City's Master Fee Schedule. The parties further agree that they will
make a good faith effort to enter into a mutually acceptable altemative dispute resolution
agreement which will set forth the manner and type of dispute resolution to resolve the
current dispute between the parties to this agreement related to credits from Assessment
District No. 131.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City,which said plans and specifications and standards are hereby
referred to and adopted and made a part of this Agreement. In case there are not any standard
specifications of the City for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the State of California, Division
of Highways. All of said work and improvements and materials shall be done, performed and
installed under the inspection of and to the satisfaction of the City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map, the Subdivider
shall furnish to the City:
a. Performance security in the sum of Five Hundred Fifty-six Thousand and
00/100 Dollars ($ 556,000.00), which is equal to 100% of the total estimated cost of the
work required. Five percent(5%)of said amount, Twenty-seven Thousand Eight Hundred
Subdivision Agreement
Tract No. 4582/UGM
Page 8
and 00/100 ($ 27,800.00), shall be cash or a Certificate of Deposit; the remaining 95%,
Five Hundred Twenty-eight Thousand Two Hundred and 00/100 Dollars ($ 528,200.00)
shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon '
the faithful performance of this Agreement; and
b. Payment security in the sum of Two Hundred Seventy-eight Thousand and
00/100 Dollars ($ 278,000.00), which is equal to 50% of the total estimated cost of the
work required to secure payment to all contractors and subcontractors performing work on
said improvements and all persons furnishing labor, materials or equipment to them for
said improvements.
Bonds shall be by one or more duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City.
C. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
6. On acceptance of the required work, warranty security shall be furnished to or
retained by the City, in the amount of Eight Thousand Three Hundred and 00/100 Dollars
($ 8,300.00), for guarantee and warranty of the work for a period of one (1) year following
acceptance against any defective work or labor done or defective materials furnished. In
accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be
in the form of cash or a Certificate of Deposit. The warranty security shall be returned to the
Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after
final acceptance of the subdivision improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
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
Subdivision Agreement
Tract No. 4582/UGM
Page 9
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
Subdivision Agreement
Tract No. 4582/UGM
Page 10
of construction.
11. Initial soils compaction testing for public. utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for
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
Subdivision Agreement
Tract No. 4582/UGM
Page 11
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. If,within twenty-four(24)hours after such personal service of such notice or within
Subdivision Agreement
Tract No. 4582/UGM
Page 12
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.
Subdivision Agreement
Tract No. 4582/UGM
Page 13
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
SPALDING G. WATHEN and DELLA WATHEN
JOHN A WHITE, DIRECTOR Husband and Wife, as Joint Tenants
PUBLIC WORKS DEPARTMENT -
By: By: -
Spalding then
ATTEST:
REBECCA E. KLISCH l
CITY CLERK By: �J, ��l .•��
Della Wathen
By:
TDeput
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
HILDA CANTO MONTOY
City Attorney
By:
Deputy
DATE: RIL 7, 2000
EXHIBIT A Subdivision Agreement for Tract 4582/UGM
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $68j614
Well Construction Cost Estimate $0„
Sewer System Construction Cost Estimate $721947 ''.
Street Construction Cost Estimate $367,506:1
Final Cost Estimate (for Inspection Fee purposes) $499,029
133` Landmarks, Monuments, Lot & Block Corners ($50/ea) $6,650
Sub-Total (for bonding purposes) $505,679
Construction Contingency (10%) $50,568
TOTAL COST ESTIMATE"
(for improvement securities purposes) $556,247 $556,000
*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 $528,200
5% of amount shall be in cash or a Certificate of Deposit $27,800
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 $278,000
Faithful Peformance 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 I $0
C. WARRANTY SECURITY REQUIREMENT(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $2,500
3% of next $50,000 $1,500
1% of next$400,000 $4,000
0.5% of amount over$500,000 $300
Minimum amount $8,300
EXHIBIT A N3/1/00 Prepared By: LOUIS ROCHA Date: 03/30/2000 Print Date:04/11/00 9:12:17 AM Pagel of 1
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
Final Cost Estimate_<$I OK na
(7%;$300 minimum fed)
49 028 Final Cost Estimate>$1 OK 1$500K 120 261.16
($700+4%of amount over$10K)
$Q Final Cost Estimate over$500K na
($20,000+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement $11 264.00:
Inspection Fee $3,436,161 $3,436.16
2. MONUMENT CHECK FEE
Lots and Oudots $30.00 per Lot 1® $1 530.00
(Min$200)
3.STREET SIGNS
Street Name Sign sets $173.00 per set $1 384.00 $1 384.00
Waming/Regulatory signs $77.00 sign na na
4. STREET TREES
City installed(5-gallon)Street Trees 102.00 per Tree na na
Inspection Fee(when planted by subdivider) ® $28.00 per Tree $280.00 $280.00
J Trees by Covenant(Resolution 98-129;2 treesA of fronting NY streets)
5. SEWER TRENCH WATER COMPACTION CHARGE
2073 Cubic yards $0.121 per CY 1 $0.00, (AS)
(A5)Charge paid with Early Construction Agreement.
6.WATER CONSTRUCTION CHARGE
51 Lots @ $1.25 per Lot $63.751
7. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(fK6)
Lum Sum Charge as established by Public Works Director 1 $7,347,891 $7,347.89
8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
51 Lots(anticipated maintenance cost) 12 44100=per Lot $2,244.00
Lots(Incidental expenses:legal fees, I 11per Lot
publications,mailings,engineering, ($1,500
51 assessment district proceedings $25100.min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks 5293.00 LS $293.00
Total $4 037.00 $4,037.00
iSTAI Estimated assessment per Lot(information only)
9. IR�R-I-G�...AT-.�I.O-..�N-��PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
TOTAL MISCELLANEOUS FEES E CHARGES $1$,329( 410'0'7040:.
EXHIBIT B v3M/00 Printed 04111/00 9:07:26 AM Prepared By:Louis Rocha Page 1 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
jdft
li , Gross Acres
Aow Net Acres
Adjusted Gross Acres(AG Ac)-, excludes Area of Arterial&Collector Str6ets
Units(residential)
...........
L6: LUE(non-residential
Zoning tsm Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
FMFCD Drainage Area
_2,723:1 Acres per FMFCD per Acre 50.00
FMFCD Drainage Area
4 p000,:IAcres per FMFCD per Acre na
Local Drainage Fee 50,0011(B1)
(B1)fee obligation prepaid with Assessment District No.131
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: 1N6&P6 .6IkAv*nue:;-:.. ....... ilk]SF
...........
FrontageO;i SF
Frontage. .:Q; SF
Total Square Feet F
68 800 SF; sub-total Lateral Sewer Charge @ 50.10 per SF S6 880.00
Less estimated Lateral Sewer Charge Credits 0.009.
Lateral Sewer Charge
0
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
F777777Til UGM Reimbursement Area
Frontage: North!AA k Avenue
68,800 SF
Frontage. . ....... .... ....... 0'SF
Frontage:
L —61SF
Total Square Feet F
68 800 SF;sub-total Oversize Sewer Charge @ 50.05 per SF 53,440.00
Less estimated Oversize Credits(A.D.#1 31 Credits)
Less estimated Overdepth Credits
Oversize Sewer Charge 11 $E001-
c Trunk Sewer Charge
71ttrEnd Trunk Sewer Service Area
51 Units @ per Unit $21,369.00]
(d)Wastewater Facilities Charge
Foe 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)
EXHIBIT Bv3M/00 Printed 04/11100 9:07:28 AM Prepared By:Louis Rocha Page 2 of 8
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(e Sewe►Ca city Enhancement Charge
Trunk Sewer Service Area
51 Units ;;;:51 369;00 per Unit na nal
3. WATER CONNECTION CHARGES
(811 Time(i Material Charges("Wet-Tie")
15+{53 Estimate Number
4:7:42 1 Water Job Number
Estimated Deposit(FMC 14-111-0 1 $9,500.00 1 (W)
(83) Deposit paid with Early Construction Agreement
(61 Service Connection Charges
33 1'Meters to existing services F ;320.00 each $10.560.00 1 $0.00:
=A2 1-1/2'Meters to existing services 1 $470.00 leach $5.640.001 0.00:: ;5 640:00::
0 2'Meters to existing services $620A0 each 50.00 $0.001
0 1'Services($735)6 Meters($195) 0 $930.00 each $0.00 $000:: $0.00::
1-1/2"Services($680)8 Meters($340) 0 $1,220.00 each $0.00 ;0,00:: ;0:00::
0 2"Services($1,010)6 Meters($411) a $1,421.00 each $0.00 0DO 0.00`
(b2)Landsca Service Connection Charges
O 1'Meters to existing services a $320.00 each $0.00
0 1-1/Z'Meters to existing services $470.00 each $0.00
012-Meters to existing services $620.00 leach $0.00 1 , $0.001
p 1'Services($735)6 Meters($195) $930.00 each 000
0 1-1/2'Services($880)6 Meters($340) $1 220.00 each $0.00 ;0.00
1 2"Services($1,010)6 Meters($411) $1,421.00 each $1,421.00 $:1 421.00'.
(c)Frontage Char e
Frontage NoRhFolkAvenue648 LF
Frontage 0 LF
Frontage. 6!LF
Sub-Total Lineal Feet(54 rate) 648 LF
®LF; sub-total Frontage Charge(%rate) per LF $2,106.00
Frontage: 0`:;LF
Frontage: 01 LF
Frordage d.(OJ.I Oi,LF
Sub-Total Lineal Feet(lull rate) L�I`F
LF; sub-total Frontage Charge(lull rate) $6.50 per LF na
Sub-Total Frontage Charge $2 106.00
Less estimated Frontage Charge Credits °;0.001
Frontage Charge 1 $2 106.00 $0.00; ' ;2.106:00"
(d)Fire H rant Charge
SF;residential zoning @ $0.75 per 100 SF 41 4'
SF;non-residential zoning @ $1.25 per 100 SF na na' na
EXHIBIT B v3MI00 Panted 04/11100 9:07:27 AM Prepared By:Louis Rocha Paye 3 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(e Transmission Grid Main Charge
UGM Reimbursement Area
16.7278 Gross Acres $560.00 per Gr Acre $9 367.57
0.0000 Net Acres $700.00 per Net Ac na
Less EstimatedTGM Construction Credits(A.D.0131 Credits) 1 $20.244,00
Transmission Grid Main Charge I�10,87§.43A $0.0-6-1.
( Transmission Grid Main Bond Debt Service Charge
16.7278 Gross Acres $243.00 per Gr Acre $4,064.86
0.0000 Net Acres $304.00 per Net Ac na
Less EstimatedTGM Bond Debt Service Charge Credits $0!001
Transmission Grid Main Bond Debt Service Charge $4, "
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 lots at the fee rate then in
effect.
( UGM Water Supply Fee
Supply Well Service Area
51 Living Units(residential (� $3.54;00;; per Unit $18,054.00
]Living Unit Equivalents(LUE);non-residential :;:: ;.0;00.'I per Unit
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $18,054.00 $18,054.00
(h Well Hesd Treatment Fee
3Li1 Well Head Treatment Service Area
51 Living Units(residential) $0„00''per Unit
OLiving Unit Equivalents(LUE);non-residential $000'i per Unit
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $0.00 $0.00
(i)Recharge Fee
201 Recharge Service Area
511 Living Units(residential) per Unit
OLiving Unit Equivalents(LUE);non-residential @ per Unit
Less Estimated Recharge Fee Construction Credits $0.00'.
Recharge Fee $0.00
011994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
51 Living Units(residential) .',, 710..00 per Unit
Living Unit Equivalents(LUE);non-residential 30:00''per Unit
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0!00'
1994 Bond Debt Service Fee Wool $0.00':1'
EXHIBIT B d3/1/00 Printed 04/11/00 9:07:27 AM F repared By:Louis Rocha Pape 4 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES 3 CONSTRUCTION CREDITS
(oil UGM FIRE STATION FEE
14 Fire Station Service Area
16 7278 Gross Acres x547:W''per Gr Acre 69 150.11 51 t 10.141 ' S8,039'.9Z
(bUGM NEKiHBORHOOD PARK FEE
6 Neighborhood Park Service Area
16.7278 Gross Acres 61'695:00 per Gr Acre 628,353.62 $3,440.00 24;913i62;j
(c UGM MAJOR STREET CHARGE
CII?2 Major Street Zone
16.7278 lAdjusted Gross Acres per AG Ac 632 284.55
Less Estimated Major Street Charge Construction Credits(A.D./131 Credits) 644,3118.36
Major Street Charge (912,0 60,00;'
(d)UGM MAJOR STREET BRIDGE CHARGE
C!D-2 Major Street Bridge Zone
16.7278 Adjusted Gross Acres : 565;00 P:per AG Ac 61,087.31
Less Estimated Major Street Bridge Charge Construction Credits °50,00
Major Street Bridge Charge $1,087.3150.00'1' ST087".3Y:
(e UG) M TRAFFIC SIGNAL CHARGE
16.7278 Adjusted Gross Acres per AG Ac 614385.91
Less Estimated Traffic Signal Charge Construction Credits 69,941.41''
Traffic Signal Charge
( UGM GRADE SEPARATION CHARGE
E-"Grade Separation Service Area
16.7278 1 Adjusted Gross Acres @ ;:p;;00,!per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge
( UGM AT-GRADE RAILROAD CROSSING FEE
t' -i.1 At Grade RRXing Service Area
16.7278 Adjusted Gross Acres a '' S0 00'1 per AG Ac na
At-Grade RRXing Service Area
16.7278 JAdjusted Gross Acres per AG Ac na
At-Grade RRXing Service Area
16.7278 JAdjusted Gross Acres @i' S0 U0'per AG Ac na
Less Estimated At-Grade RRXing Charge Construction Credits $0.0011
At-Grade RRXing Fee $0.001 0.0
(h)7GSEWER FEE
Trunk Sewer Service Area
16.7278 Adjusted Gross Acres @60.00' per AG Ac na
Less Trunk Sewer Fee Credits 601001'.
Trunk Sewer Fee 50.00 60.00`
EXHIBrr B v311= Printed 04/71100 9:07:27 AM Prepared By:Louis Rocha Page 5 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4582/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(i OVERLAY SERVICE AREA
Millbrook Overlay Service Area
16.7278 Adjusted Gross Acres 50.00 per AG Ac na 50.00 SO OOI
Total l,p,,t Fees S Char es 92 23 10 ;S 'd6. �
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 3 tl S29t83
TOTAL(B) IMPACT FEES&CHARGES 50+1 6,67> =$62 836tY4:i
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash �6t3 7460;
EXHIBIT B v3M100 Printed 04/11100 8:07:27 AM Prepared By:Louis Rocha Page 6 of 6
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On April 13, 2000 , before me, the undersigned
a Notary Public in and for said County and State, personally
appeared Spalding G. Wathen and Della Wathen
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 JUDY M. PEZOLDT
.signature(s) on the instrument the person(s), or �, COMM. #1220210
the entity upon behalf of which the person(s) �" NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
acted, executed the instrument. My Comm.Expires essMMay 20,2003
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TE 180 Legal(2-94)
This form is furnished by Chicago Title Company