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HomeMy WebLinkAboutT-4697 - Agreement/Covenant - 8/17/2006 r i 33 ij E VE! SIPAOei' h I0NIA i;a t E EEE f .>:::. ....... s ... SUBDIVISION AGREEMENT, City of CES!L MO41 1�, rn�- . ..W%. PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4697 of Vesting Tentative Map of Tract No. 4697./UGM P.W. File No. 10475 THIS AGREEMENT is made this ZG;!Y day ofA�vz , 2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and, Jasbir Singh, a married man, as his sole and separate property, Sumeet Kamboj, a single man and Surjit Singh Thind, an unmarried man, 3564 East Belmont Avenue, Fresno,California 93702,shall hereinafter collectively and individually,shall be jointly designated and called the "Subdivider,"without regard for number or Gender. Subdivision Agreement Tract No. 4697 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. 4697/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 required as Conditions of Approval for Tentative Map Tract No. 4697/UGM dated June 5, 2002 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 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. 4697 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 August 31, 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 August 31, 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. 4697," 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 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. 4697 Page 4 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. 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 areas follows: a. Construct all landmarks,monuments and lot comers required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522 or any amendments or modifications which may be adopted by Subdivision Agreement Tract No. 4697 Page 5 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 sewerextensions 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 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 the 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 Subdivision Agreement Tract No. 4697 Page 6 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. Outlot "A" and Outlot "B" shall be deeded to the abutting property for inclusion into those sites for future development. Until such the Subdivider shall install concrete hardscape,in accordance with approved improvement plan,within Outlots"A"and "B"areas required as a Condition of Approval and delineated on the Final Map. k Perform and construct all work shown on the following referenced plans: a. City Drawing Nos:[10-C-8213 through 10C-8215 with Water Job No. 4893 (3 sheets) inclusive, 15-C-11143 through 15-C-11148 (6 sheets) inclusive, Drawing No. 4-C-687 (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. 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." M. 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. 4697 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. i. 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. 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 amount shall be in the form of cash or a Certificate of Deposit. Subdivision Agreement Tract No. 4697 - Page 8 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, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivision Agreement Tract No. 4697 Page 9 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 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. Subdivision Agreement Tract No. 4697 Page 10 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 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 Subdivision Agreement Tract No. 4697 Page 11 work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided,the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled,as he may deem advisable to eliminate the scattering of dust,by equipment and personnel of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. Subdivision Agreement Tract No. 4697 Page 12 17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains,gas mains,and their respective service connections,shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Owner or Developer without the written consent of City. Subdivision Agreement Tract No. 4697 Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation JASBIR SINGH JON R. RUIZ, DIRECTOR a married man, as his sole and separate PUBLIC WORKS DEPARTMENT property By: .�( �Y �� � 14. 63 By: Jasbir Singh lw Michael T. Kim, Assistant Director SUMEET KAMBOJ ATTEST: a single man REBECCA E. KLISCH CITY CLERK By: Su e t Ka boj 0 0 By �CSJ' SURJIT SINGH THIND a unmarried man Deputy By:ftwas1 � -✓ter of 4.14 a Rj I'T -T fj o APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: (Attach Notary Acknowledgment) r Deputy DATE:JULY 21,2003 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. ' County of r—RC Sb On AUGUST- © An'�, before me, (DATE) (NOTARY) personally appeared JAS Is) R S ltd(jW MCF-_ KAm A 0:1 SJAI� SIGNER(S) I -� ---m t N ❑ personally known tome - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) A/are subscribed to the within instrument and acknowledged to me that �W/she/they executed the same in 0-s/balr/their authorized capacity(ies), and that by $ks/Wr/their RAJ SINGH signature(s) on the instrument the person(s), • NOW MLIC-CAUFOORNIA �) or the entity upon behalf of which the omFTcounty acted My Cm..Ex E><pkes IAay2,200� person(s) , executed the instrument. WITNESS my hand and official seal. 'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT lg INDIVIDUAL ❑ CORPORATE OFFICER , TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER zv r SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER 0 a APA 5/99 VALLEY-SIERRA, 800-362-3369 EXHIBIT A Subdivision Agreement for Tract 4697 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $25,421 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $35,085 Street Construction Cost Estimate $301169 Final Cost Estimate(for Inspection Fee purposes) $362 203 93 Landmarks, Monuments, Lot& Block Comers($50/ea) $4,650 Sub-Total(for bonding purposes) $366,853 Construction Contingency(10%) $36,6851 TOTAL COST ESTIMATE* (for improvement securities purposes) $403 538 $404 000 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 $384,000 5%of amount shall be in cash or a Certificate of Deposit. $20,000 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 $202,0001 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 $1,0001 C. WARRANTY SECURITY REQUIREMENT'(due as condition of acceptance of the work)- 5%of first$50,000 of the Total Cost Estimate d $3,000 3%of next$50,000 $2,000 1%of next$400,000 $3,000 0.5%of amount over$500,000 $0 Minimum amount $8,0001 EXHIBIT A v4/2=0 Prepared By: Rids Date: 06/05/03 Print Date:06/05103 1:21:09 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T-4697 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE Final Cost Estimate<$10K na (11.52%;$600 minimum tee) 382 203 Final Cost Estimate>$1 OK<$500K S16 282.60 (:4836+3.25%of amount over$1 OK) SO Final Cost Estimate over$500K 0 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Constriction Agreement 50.00 Less Inspection Fees paid with Early Street Construction Agreement 50.00 Inspection Fee $16282.60 $16282.60 2. MONUMENT CHECK FEE ®Lots and Outlots @ 530.00 per Lot 1 OBO.00 $1 080.00 (Min$200) 3.STREET SIGNS ®Street Name Sign sets @ 5173.00 per set 5692.00 5692.00 ®Waming/Regulatory signs @ 577.00 sign 5616.00 $616.00 4. STREET TREES 0 City installed(15-gallon)Street Trees @ 5129.00 per Tree na 0 15 Inspection Fee(when planted by subdivider) @ 530.00 per Tree 5450.00 5450.00 OTrees by Covenant(Resolution 98.129;2 bees/Lot fronting 50'streets) b.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(1)(6�-�� Lum Sum Charge as established by Public Works Director 1� a 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) ®Lots(anticipated maintenance cost) @ 5151.14 per Lot 55138.76 Lots(Incidentalses:legal fees. per Lot publications,mallingslirps,engineering, ($1,500 34 assessment district proceedings ® 50.00 min) 51 500.00 Lum Sum Landscape area Field Inspection Fee-Parks @ 5305.00 LS 5305.00 Total 56 843.76 $6,943. 184.14 Estimated assessment per Lot(infornation only) 7. IRRIGATION PIPELINE(one-time maintenance fee) DO Lineal Feet @ 55.00 per LF 0 nal 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 411 Friant Road/Hemdon Corridor 0.0000 Adjusted Gross Acres @ 250.00 per AG Ac 0.00 $0.00 TOTAL MISCELLANEOUS FEES&CHARGES $26,064.36 $26,064.36 EXHIBrr B v1101101 PAMed 07MOM 4:27:14 PM Pape 1 of 5 EXHIBIT B Subdivision Agreement for T-4697 . NETAMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 8.9367 Gross Acres 7.7934 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 34 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AK FMFCD Drainage Area 8.3978 Acnes per FMFCD @ S3 670 per Acre 530 820.00 Local Drainage Fee 1 $30,8 1 $30,820.001 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: Dakota 45 600 SF Frontage: lCornelia 45 600 SF Total Square Feet 91 200 SF 91 200 SF; sub-total Lateral Sewer Charge (d1 50.10 per SF S9 120.00 Less estimated Lateral Sewer Charge Credits F 50.00 Lateral Sewer charge 1 $9,120.001 r $-0-0-01 1 $9,120.001 (b Oversize Sewer Charge 21 UGM Reimbursement Area Frontage: Dakota 45,600 SF Frontage: Cornelia 45,600 SF Total Square Feet 1�SF 91 200 SF;sub4atat Oversize Sewer Charge ® 50.05 per SF 54 560.00 Less estimated Oversize Credits 50.00 Less estimated Overdepth Credits Oversize Sewer Charge 1 $4.5W.00 50.00 $4 560.00 (c Trunk Sewer Charge Cornelia Trunk Sewer Service Area 34 Units @ 5419.00 per Unit 1 $14.246.00 (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) (®) Sewer Capacity Enhancement Charge Tru na Trunk Sewer Service Area 34 1 Units ® $0.00 per Unit na 3. WATER CONNECTION CHARGES (aTI) me Material Charges("Wet-Tie") Tie's 20020912 Estimate Number 4893 Water Job Number Estimated Deposit(FMC 14-1114) 1®. $0.00 133) (133) Deposit paid with Early Construction Agreement EXHIBrr 8 01101101 Prk*W 07/08103 4:27:14 PM Page 2 of 5 EXHIBIT B Subdivision Agreement for T-4697 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (b1 Service 3C4onn Me eery to existing services ® 5320.00 each 510880.00 50.00 510 880.00 17 1"Services ® 5735.00 each 512 495.00 512 495.00 (Lots 18-34) (162)Landscape Service Connection Charges 1 jr Meters to existing services @ $820.00 each $820.00 6820.00 1 2"Services($1,010)&Meters($411) @ 1 $1,421.00 leach 51 421.00 $1,421.001 (c)Frontage Charge Frontage: Dakota 431 LF Frontage: lComelia 321 LF Sub-Total Lineal Feet(K rate) 752 LF 752 LF; sub-total Frontage Charge(14 rate) ® 63.25 per LF 52 444.00 Frontage. (Garland (both sides) 1222 LF Sub-Total Lineal Feet(full rate) 1222 LF 1222 LF; sub-total Frontage Charge(full rate) ® 56.50 per LF 57 943.00 Sub-Total Frontage Charge 510387.00 Less estimated Frontage Charge Credits 50.00 Frontage Charge 10387.00 50.00 510387.00 (d)Fire H drant Charge 258,334 SF;residential zoning ® 50.75 per 100 SF 51 937.51 (e Transmisalon Grid Main Charge B UGM Reimbursement Area 8.9367 Gross Acres @ 5580.00 per Gr Acre 55 004.55 Less Estimated TGM Construction Credits 1 813.00 Transmission Grid Main Charge 1 ".191.551 1 50.00 53191.55 (fl Transmission Grid Main Bond Debt Service Charge 8.9387 Gross Acres ® 5243.00 per Gr Acre 52171.62 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Mahn Bond Debt Service Charge I $2.171.621 50.001 $2171.62 ( UGM Water Supply Fee 301 sSupply Well Service Area 34 1 Living Units(residenW ® 5442.00 per Unit 515028.00 Less Estimated UGM Water Supply Fee Construction Credits 50.00 UGM Water Supply Fee 1 $15.028.001 (h)Well Head Treatment Fee 301 Well Head Treatment Service Area 34 1 living Units(residenW ® 5192.00 per Unit 56 528.00 Less Estimated Well Head Treatment Fee Construction Credits 50.00 Well Head Treatment Fee 1 $6,528.001 $6,528. EXHIBIT 8 v11101101 PrUMed 07/08/03 4:27:14 PM Pape 3 of 5 EXHIBIT B Subdivision Agreement for T-4697 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (i Ru!lchar VAt 301 Recharge Service Area 34 Living Units(residential) @ 50.00 per Unit 50.00 Less Estimated Recharge Fee Construction Credits 0.00 Recharge Fee $0.001 $0.00 Q 1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 34 1 Living Units(residential) @ 580.00 per Unit 52 040.00 Less Estimated 1994 Bond Debt Service Fee Constriction Credits 50.00 1994 Bond Debt Service Fee ISS. 0 30.00 52 040.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a UG�TATI FEE 16 Fire Station Service Area 8.9387 Gross Acres @ 51 24200 per Gr Arae 511 099.38I 30.00 511 099.38 (b)UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 8.9367 Gross Ayes @ 51 230.00 per Gr Arae 510 992.14 $0.00 $10,992.141 (c)UGR STREET CHARGE E-4 Major Street Zone 7.7934 Adjusted Gross Acres @ 52 435.00 per AG Ac 518 976.93 Less Estimated Major Street Charge Constriction Credits 524 038.00 Major Street Charge $0.00 Paid w/Credits (d UGR STREET BRIDGE CHARGE E� Major Street Bridge Zone 7.7934 Adjusted Gross Acres @ 5135.00 per AG Ac 51 052.11 Less Estimated Major Street Bridge Charge Construction Credits 50.00 Major street Bridge charge 1 $1,052 $0.00 -$1-0-52-1-11 (a UGC M TRAFFIC SIGNAL CHARGE 7.7934 Adjusted Gross Acres @ 860.00 per AG Ac 702.32 Less Estimated Traft Signal Charge Constriction Credits 0.00 Traft Signal Charge 1 $6,702.321 $0.00 58 702.32 ( UGIE SEPARATION CHARGE E-4-A Grade Separation Service Area 7.7934 Adjusted Gross Acres @ 5345.00 per AG Ac 52 688.72 Less Estimated Grade Separation Charge Construction Credits Grade Separation Charge 1 $2.688.721 50.001 52 688.72 ( UGK SEWER FEE Trunk Sewer Service Area 7.7934 Adjusted Gross Acres @ 0.00 per AG Ac Less Trunk Sewer Fee Credits 0.00 Trunk Sewer Fee 50.00 $0.00 $0.00 EXHIBIT B v11/01/01 Prkked 07AMM 4:27:14 PM Paps,d 5 I. EXHIBIT B Subdivision Agreement for T-4697 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED (h OVERLAY SEWER SERVICE AREA Millbrook Overlay Service Area 7.7934 Adjusted Gross Acres ® 50.00 per AG Ac 0 50.00 50.00 Total Im cx Fees&Cha $166 419.28 $83,095.51 $74,884.84 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $26,064.361 TOTAL(B) IMPACT FEES 6 CHARGES $83,095.51 $74 884.84 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $109,159.871 EXHIBrr 8 x11101101 Prkted 07108103 4:27:14 PM Pape 5 of 5