HomeMy WebLinkAboutT-4682 - Agreement/Covenant - 8/17/2006 ... ............
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SUBDIVISION- AGREEMENT,
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4682
of Vesting Tentative Map of Tract No. 4682/UGM 571
P.W. File No. 10489
THIS AGREEMENT is made this day of J-um 16 12003,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and Moming Development, LLC, a California Limited Liability Company, 575 East
Alluvial, Suite 106, Fresno, California 93720, hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
Subdivision Agreement
Tract No. 4682
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. 4682/UGM 571, 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. 4682/UGM
571 dated October 18,. 1995 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 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. 4682
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 in consideration
of finding of substantial compliance with the 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 June 30, 2005, 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 30,2007, (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 and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees for Tract No. 4682,"
per Resolution No. 98-129 requirements for 50- and 56-foot local street
pattens.
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 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
Subdivision Agreement
Tract No. 4682
Page 4
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.
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. 84361 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.
Subdivision Agreement
Tract No. 4682
Page 5
b. All utility systems shall be installed underground. Subdividers attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
complete underground street light system as approved by the Traffic Engineer prior to final
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.
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. The Subdivider shall install the landscaping and irrigation system, in
accordance with the approved improvement plans (i.e., Landscape and Irrigation Plans,
Grading Plans),on Outiot A which is delineated and designated for open space purposes
on the final map pursuant to Roosevelt Community Plan Policy Nos. 1-17.1 and 1-17.3.
i
Subdivision Agreement
Tract No. 4682
Page 6
The Subdivider has elected to satisfy Subdivider's obligation to maintain Outiot A by
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant with
the City.
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 referenced plans:
a. City Drawing Nos: [10-C-8262 through 10C-8266 with Water
Job No. 4895 (5 sheets) inclusive, 15-C-11060 through 15-C-11070 (11 sheets)
inclusive, Drawing No. 4-C-690 (1 sheets) inclusive], unless specifically omitted
herein.
b. Fresno Metropolitan Flood Control District Drawing No. BD-10-1,
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 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 .
Subdivision Agreement
Tract No. 4682
Page 7
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 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 do business in California subject to the approval of the City and on forms furnished 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. PERFORMANCE SECURITY. Total amount to equal 100% of the cost
estimated by the City Engineer to guarantee that improvement plans and profiles not yet
approved will be prepared in accordance with the requirements of the City Engineer: Said
Subdivision Agreement
Tract No. 4682
Page 8
amounts shall be in the form of cash or a Certificate of Deposit.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one(1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims,demands,costs,loss,damage and liability,howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
Subdivision Agreement
Tract No. 4682
Page 9
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials,provisions,and
other supplies used in, upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California,with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
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
Subdivision Agreement
Tract No. 4682
Page 10
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
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
Subdivision Agreement
Tract No. 4682
Page 11
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 orwithin
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
Subdivision Agreement
Tract No. 4682
Page 12
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 Owner or Developer without the written consent
of City.
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Subdivision Agreement
Tract No. 4682
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,
a Municipal Corporation
JON RUIZ, Director
PUBLIC WORKS DEPARTMENT
SUBDIVIDER
V7r MORNING DEVELOPMENT LLC
By: A California Limited Liability Company
ATTEST:
— , . <Se= A
REBECCA E. KLISCH Cyrus J. Setoodeh, President
CITY CLERK
a By: YM. AIia,`ra,"
By: Jofin M. Shamsoian, Chairman
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgment)
CityAttorney
By:
; �z
Deputy
DATE:MAY 20,2003
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
ON 05/27/03 , before me, LYNETTE E. VAN VRANKEN , a Notary
Public in and for said State, personally appeared CYRUS J.
SETOODEH AND JOHN M. SHAMSHOIAN, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s)
whose name (s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) , and that by his/her/their
signature (s) on the instrument the person(s) , or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and offici 1 seal .
Notary Publi i and for said County and State
Lynette E.Van Vrarken
Comm.#1248249
• NOTARY PUBLIC•CAUFOR10
FRESNO COUNTY
My Comm.Expires Jen,1,2004
EXHIBIT A Subdivision Agreement for Tract 4682
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $89,240
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $135,210
Street Construction Cost Estimate $659,2851
Final Cost Estimate(for Inspection Fee purposes) $883,73511
279 Landmarks, Monuments, Lot&Block Corners($50/ea) $13,950
Sub-Total(for bonding purposes) $897,685
Construction Contingency (10%) $89,769
TOTAL COST ESTIMATE*
(for Improvement securities purposes) $987145411 $987,0001
*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 $938,000
5%of amount shall be in cash or a Certificate of Deposit $49,000-1
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 $493,500
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 $1,000
100%of amount shall be in cash or a Certificate of Deposit A-170010
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 $2,4001
Minimum amount $11,4001
EXHIBIT A v4/28/00 Prepared By: Rids Date:01/06/2003 Print Date:05/20/03 9:52:01 AM Pagel of 1
EXHIBIT B Subdivision Agreement for T-4682
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate S.$1 OK na
(7%;$300 minimum fee)
SO Final Cost Estimate>$1 OK<$500K na
($700+4%of amount over$10K)
$883 735 Final Cost Estimate over$500K $29 893.38
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 1 $0.00
Less Inspection Fees paid with Early Street
Constriction Agreement
Inspection Fee 1 $29.893,381 $29,893.381
2. MONUMENT CHECK FEE
109 Lots and Outlots @ $30.00 per Lot 2 0, $3,270.001
(Min$200)
3. STREET SIGNS
10 Street Name Sign sets @ $173.00 per set $1 730.00 $1,730.001
Waming/Regulatory signs @ $77.00 sign $693.00 $693.00
4. STREET TREES
OCity installed(15-gallon)Street Trees @ $129.00 per Tree nal
�0]Inspection Fee(when planted by subdivider) @ $30.00 per Trees na nal
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 5V streets)
8.STREET RIGHTS OF WAY ACQUISITIOWCONSTRUCTION CHARGE per FMC 11-226(t)(6
Lum Sum Charge as established by Public Works Director na nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
OLots(anticipated maintenance cost) ® $0.00 per Lot
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
0 assessment district proceedings @ 0.00 min) na
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS na
Total na Ina
$0.00 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet ® 5.00 per LF na na
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewalt 411 Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres ® $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES d CHARGES $35,586.38 $35,686.38
EXHIM 8 A 1101101 Printed 05✓22M3 8:28:01 AM Page 1 or 4
�a�
EXHIBIT B Subdivision Agreement for T-4682
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
24.5080 Gross Acres
24.5080 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
107 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BD FMFCD Drainage Area
23.0043 Acres per FMFCD @ $3 910 per Acre $89 947.00
Local Drainage Fee I $89.947.M $89,947.001
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge $0.001 $0.00
(b OveOve�ewer Charge
LL
35 1 UGM Reimbursement Area
Frontage: lGrove 55 418 SF
Total Square Feet [ sF
55 418 SF;sub-total Oversize Sewer Charge $0.05 per SF $2 770.90
Less estimated Oversize Credits 50.00
Less estimated Overdepth Credits 50.00
Oversize Sewer Charge 1 $2,770.901 $0.001 $2,770.90
(c)Trunk Sewer Charge
Fowler Trunk Sewer Service Area
107 Units @ 5344.00 per Unit 38 8 8.00 536 808.00
(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)
(s� Sewer Capacity Enhank Sewer
Servs Charge
na Trunk Sewer Service Area
107 Units @ 50.00 per Unit na na
3. WATER CONNECTION CHARGES
(a Ti�EstCharges buret-Tie")
2003 0123 Estimate Number
4895 Water Job Number $8,000.001
Estimated Deposit(FMC 14-111-f) W r----$8—,0-0-0-0-701
(bill Service Connection Charges
107 1"Meters to existing services ® 5320.00 each $34,240.001 $0.00 $34 240.00
18 1"Services @ 735.00 each $13.230.001513 230.00
EXHIBrr 8 vil/01/01 PrWded 05/22/03 8:28:01 AM Pape 2 of 4
EXHIBIT B Subdivision Agreement for T-4682
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage C arge
Frontage: Grove 50 LF
Frontage: Villa Both Sides 900 LF
Frontage: Burns Both Sides 400 LF
Frontage: Orangewood Partial Both Sides 400 LF
Sub-Total Lineal Feet(full rate) 1,750F
1 750 LF; sub-total Frontage Charge(full rate) @ 56.50 per LF 511 375.00
Sub-Total Frontage Charge F 511 375.00
Less estimated Frontage Charge Credits 50.00
Frontage Charge $11,375.001 $0.00 511 375.00
(d)Fire Hydrant Charge
805 360 SF;residential zoning @ 0.75 per 100 SF 56 040.20
(e)Transmission Grid Main Charge
D UGM Reimbursement Area
24.5080 Gross Acres @ 5560.00 per Gr Acre 13 724.48
Less Estimated TGM Construction Credits 50.00
Transmission Grid Main Charge ® 50.001 513 724.48
( Transmission Grid Main Bond Debt Service Charge
24.5080 Gross Acres @ 5243.00 per Gr Acre 55 955.44
Less Estimated TGM Bond Debt Service Charge Credits 50.00
Transmission Grid Main Bond Debt Service Charge 1 $5,955.441 1 $0.00 55 955.44
( UGM Water Supply Fee
5013 Supply Well Service Area
107 1 Living Units(residential) @ 5507.00 per Unit 554 249.00
Less Estimated UGM Water Supply Fee Construction Credits 50.00
UGM Water Supply Fee 1 $54,V M, 1 $54,249.001
N Well Head Treatment Fee
501 Well Head Treatment Service Area
107 Living Units(residential) @ 5207.00 per Unit 522 149.00
Less Estimated Weal Head Treatment Fee Construction Credits 50.00
Well Head Treatment Fee 1 $22.1 $22,149.
(I Rocha s Fee
50111
01 Recharge Service Area
107 Living Units(residential) @ 561.00 per Unit 58 527.00
Less Estimated Recharge Fee Construction Credits 50.00
Recharge Fee 1 $6,527.001 1 s6 527.00
(J 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
107 Living Units(residential) 5244.00 per Unit 526108.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 50.00
1994 Bond Debt Service Fee $26. s0.00 26 108.00
EXHIBIT B 01/01/01 Prkded 0522103 3:28:01 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for T-4682
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UGM FEE
15
Fire
Station Service Area
23.8980 Gross Acres 5605.00 per Gr Acre $14 337.29 $0.0-01 1 $14.337.2-91
(b UG�BORHOOD PARK FEE
2
Neighborhood Park Service Area
23.8980 Gross Acres Q S1 650.00 per Gr Acre 39101.70 =0.00 539101.70
(c UGM STREET CHARGE
D-1/E-2 Major Street Zone
23.6980 Adjusted Gross Acres @ i2 180.00 per AG Ac $51 661.84
Less Estimated Major Street Charge Construction Credits 39 585.00
Major Street Charge $12,076.641 $0.00 $12 076.64
(d)UG STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
23.6980 Adjusted Gross Acres @ 210.00 per AG Ac 978.58
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1 $4,976.581 60.00 $4 976.58
(e UGC FFIC SIGNAL CHARGE
23.6980 Adjusted Gross Acres @ 5860.00 per AG Ac 20 380.28
Less Estimated Traffic Signal Charge Construction Credits 60.00
Traffic Signal Charge 20 380.28 $0.00 $20 380.28
UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
23.6980 Adjusted Gross Acres Q 50.00 per AG Ac
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 1 $0.0-01 1 $0.00
(
UG TRUNK SEWER FEE
Trunk Sewer Service Area
23.8980 Adjusted Gross Acres ® 50.00 per AG Ac
Less Trunk Sewer Fee Credits
Trunk Sewer Fee $0.00 0.00 -
(h OXY SEWER SERVICE AREA
Mdltxook Overlay Service Area
23.6980 lAdjusted Gross Acres @ 50.00 per AG Ac ® 1 $0.001 1 56,001
Total Impact Fees&Charges $421,996.51 $236,950.20 185 046.31
Note: EXTENSIORtotal includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $36,5W.38
TOTAL(B) IMPACT FEES&CHARGES $236,950.2011185 048.31
TOTAL SU13DMSION FEES and CHARGES DUE WITH AGREEMENT cash $272.5W.58
EXHIBIT 6 W 1/01/01 Printed 05/29/03 1:50:19 PM Pegs 4 of 4