HomeMy WebLinkAboutT-4833 - Agreement/Covenant - 8/16/2006 CONFORM
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11/1S/1999,19990183985
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SUBDIVISION AGREEMENT
Includes "Addenda to Subdivision Agreement"
for Rights-of-Way Acquisition
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4833
A PLANNED DEVELOPMENT
P.W. File No. 10104
THIS AGREEMENT is made this /91`/ day of Z II�i4all—
194, by and between the City of Fresno,a Municipal Corporation, hereinafter designated and
called the "City," and GRANVILLE HOMES, INC., a California Corporation, 1396 West Herndon
Avenue, Suite 101, Fresno, California 93711 hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
• J
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
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 August 31, 2000, 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, 2002, (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 August 31,
2000, (The developer may submit a written request to the Public Works
Director for an extension of time to complete lot comer monumentation).
d. The Lot Street trees shall be planted by the City Parks, Recreation and
Community Services Department upon occupancy of each lot as provided
by code. The Subdivider has paid the required fee for tree planting by the
City Parks, Recreation and Community Services Department as shown in
Exhibit "B."
e. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the 1994 Uniform Fire Code (UFC).
The Subdividers attention is particularly called to UFC Sections 901.3,
901.4.3, 902.1, 903.1, 903.2, 903.3, and 903.4.2 shown in Exhibit "A"
attached hereto and hereby made a part of this Agreement. No occupancy
permit shall be issued until an approved "all weather' street frontage 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.
f
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page-5
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 with Estimate No. E-16418. The amounts
identified below as"Wet-Tie Charges"are estimates only and serve as a deposit to cover
the actual cost of construction. Should the actual construction cost be less than the
deposit,the Subdivider shall be refunded the excess. Should the actual construction cost
be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the
difference and shall be directly responsible for payment.
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 20-foot landscape easement along the rear
property lines of all lots which back-onto North Chestnut Avenue, North Sommerville Drive
and East Behymer Avenue frontage 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
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page 6
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 purchasers understanding that the lot will have an annual
landscaping maintenance assessment and that the purchaser is aware of the estimated
amount of the assessment.
The signed acknowledgments shall be sent to Chief of Design Services c/o Public Works
Department,Engineering Services Division,2600 Fresno Street,Fresno,California 93721-
3623. ..
j. Perform and construct all work shown on the following referenced plans
[City Drawing Nos: 10-C-7695 through 10-C-7707 with Water Job No. 4691 (13 sheets)
inclusive; 15-C-10104 through 15-C-10109[landscaping plans 15-C-10110 through 15-C-
10115] (12 sheets) inclusive, Drawing No. 4-C-514 (2 sheets) inclusive], FMFCD Storm
Drain Plans No. R-15-1 through R-15-3 unless specifically omitted herein.
k. 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 deposited with the City the sum of Three Hundred Fifty-
Five Thousand Eighty-Five and 20/100 Dollars($355,085.20)for the total subdivision fee
and charge obligations 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
1113.11
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 Subdividers
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 Subdividers 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 .
n. Subdivider has attempted but is unable to acquire and dedicate to the City
all easements required for street purposes related to this agreement prior to final map
approval. Pursuant to Section 12-1011(b)(6) of the Fresno Municipal Code, Subdivider
i
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page 8
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 Nine Hundred Ninety-five Thousand and
00/100 Dollars ($ 995,000.00), which is equal to 100% of the total estimated cost of the
work required. Five percent (5%) of said amount, Forty-Nine Thousand Seven Hundred
Fifty and 00/100 ($ 49,750.00), shall be cash or a Certificate of Deposit; the remaining
95%, Nine Hundred Forty-five Thousand Two Hundred Fifty and 00/100 Dollars
($945,250.00) shall be in the form of a bond or irrevocable instrument of credit; all to be
conditioned upon the faithful performance of this Agreement; and
b. Payment security in the sum of Four Hundred Ninety-seven Thousand Five
Hundred and 00/100 Dollars($ 497,500.00), 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. Performance security in the amount of Ten Thousand and 00/100 Dollars
($ 10,000.00), which is equal to 100%of the total estimated cost of the preparation of the
street and landscaping/irrigation improvement plans and profile required. One hundred
percent(100%)of said amount shall be cashier Certificate of Deposit,all to be conditioned
upon faithful performance of this agreement.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page 10
Subdividers agents, employees and subcontractors, while engaged in the performance of said
work. The Subdivider further agrees that the use for any purpose and by any person of any and
all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk
of the Subdivider at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for,or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California, with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page'12
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
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
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page-14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,
a Municipal Corporation
JOHN A WHITE, DIRECTOR
PUBLIC WORKS DEPARTM NT
SUBDIVIDER _
GRANVILLE HOMES, INC., a California
AT: orporation
REBECCA E. KLISCH
CITY CLERK B ;
By d�
Farid Asse i, President
. I C Jl,�
Dep
0
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By eo� 1
Deputy
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page 15
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 20, 1997 , in the office of the Fresno County Recorder as Document No.
97079398 of which the Deed of Trust in by and between Granville Homes, Inc., a California
Corporation as Trustor, American Securities Company, a Corporation, as Trustee, and Wells
Fargo Bank, National Association, as Beneficiary, hereby expressly subordinates said Deed of
Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract
No. 4833, a Planned Development of Tentative Map of Tract No.4833/UGM 610.
DATED: l 6 , 191
BENEFICIARY
WELLS FARGO BANK, a National Association
sv
27
,�P• l�
Kn a,-i-1n R Mll e,
(Attach Notary Acknowledgement)
1994 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR SAFETY
ARTICLE 9 - FIRE DEPARTMENT ACCESS AND WATER SUPPLY
SECTION 901-GENERAL
901.1 Scope. Fire department access and water supply shall be in accordance with Article 9.
For fire safety during construction, alteration or demolition of a building, see Article 87.
901.2 Permits and Plans.
901.2.1 Permits. A permit is required to use or operate fire hydrants or valves intended for
fire-suppression purposes which are installed on water systems and accessible to public.highways, alleys
or private ways open to or generally used by the public. See Section 105, Permit f.1.
EXCEPTION:A permit is not required for persons employed and authorized by the water
company which supplies the system to use or operate fire hydrants or valves.
901.2.2 Plans.
901.2.2.1 Fire apparatus access. Plans for fire apparatus access roads shall be submitted to the fire
department for review and approval prior to construction.
901.2.2.2 Fire hydrant systems. Plans and specifications for fire hydrant systems shall be submitted to
the fire department for review and approval prior to construction.
901.3 Timing of Installation. When fire protection, including fire apparatus access roads and water
supplies for fire protection, is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction.
EXCEPTION: When alternate methods of protection, as approved by the chief, are
provided, the requirements of Section 901.3 may be modified or waived.
901.4 Required Marking of Fre Apparatus Access Roads,Addresses and Fire Protection Equipment.
901.4.1 General. Marking of fire apparatus access roads, addresses and fire protection equipment shall
be in accordance with Section 901.4.
901.4.2 Fre apparatus access roads. When required by the chief, approved signs or other approved
notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit
the obstruction thereof or both.
901.4.3 Fire protection equipment and fire hydrants. Fire-protection equipment and fire
hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking
PAGE 1 EXHIBIT "A"
1994 UNIFORM FIRE CODE
additional fire protection as specified in Section 1001.9.
3. When there are not more than two Group R. Division 3, or Group U Occupancies, the
requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it is determined by the chief that access
by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions
or other factors that could limit access.
For high-piled combustible storage, see Section 8102.5.1.
For required access during construction,alteration or demolition of a building,see Section 8704.2.
902.2.2 Specifications.
902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches
(4115 mm)
EXCEPTION: Vertical clearance may be reduced, provided such reduction does not
impair access by fire apparatus and approved signs are installed and maintained indicating the
established vertical clearance when approved by the chief.
Vertical clearances or widths shall be increased when, in the opinion of the chief vertical
clearances or widths are not adequate to provide fire apparatus access.
902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
902.2.2.3 Turning radius. The turning radius of a fire apparatus access road shall be as approved
by the chief.
902.2.2.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length
shall be provided with approved provisions for the turning around of fire apparatus.
902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall
be constructed and maintained in accordance with nationally recognized standards.See Article 90,Standard
a.1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.
Vehicle load limits shall be posted at both entrances to bridges when required by the chief.
902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved
by the chief.
PAGE 3 EXHIBIT "A"
1994 UNIFORM FIRE CODE
902.3.3 Shaftway marking.Exterior windows in buildings used for manufacturing or for storage purposes
which open directly on shaftways or other vertical means of communication between two or more floors
shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches
(152.4 mm)high on a white background. Warning signs shall be easily discernible from the outside of the
building.Door and window openings on such shaftways from the interior of the building shall be similarly
marked with the word SHAFTWAY in a manner which is easily visible to anyone approaching the
shaftway from the interior of the building,unless the construction of the partition surrounding the shaftway
is of such distinctive nature as to make its purpose evident at a glance.
902.4 Key boxes. When access to or within a structure or an area is unduly difficult because of secured
openings or where immediate access is necessary for life-saving or fire fighting purposes, the chief is
authorized to require a key box to be installed in an accessible location. The key box shall be of a type
approved by the chief and shall contain keys to gain necessary access as required by the chief.
SECTION 903-WATER SUPPLIES AND FIRE HYDRANTS
903.1 General. Water supplies and fire hydrants.shall be in accordance with Sections 901 and 903.
903.2 Required Water Supply for Fire Protection. An approved water supply capable of supplying the
required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or
portions of buildings are hereafter constructed or moved into or within the jurisdiction.When any portion
of the facility or building protected is in excess of 150 feet(45 720 mm)from a water supply on a public
street, as measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains capable of supplying the required fire flow shall be provided when required by the
chief. See Section 903.4.
903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated
tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the
requirements for fire flow, the chief may be guided by Appendix III-A.
903.4 Fire Hydrant Systems.
903.4.1 General.
903.4.1.1 Applicability.Fire hydrant systems and fire hydrants shall be in accordance with Section 903.4.
903.4.1.2 Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as
required by the chief. Fire hydrant systems shall be maintained in an operative condition at all times and
shall be repaired where defective. Additions, repairs,alterations and servicing shall be in accordance with
approved standards.
903.4.1.3 Tampering and obstruction. See Sections 1001.6 and 1001.7.
903.4.2 Required installations. The location, number and type of fire hydrants connected to a water
supply capable of delivering the required fire flow shall be provided on the public street or on the site of
PAGE 5 EXHIBIT "A"
Tract No.4833=101610 15-Jul-99
SUBDIVISION AGREEMENT CALCULATIONS
DEVELOPMENT DEPARTMENT (559)498-4451
SUIlDINO AND SAFETY SERVICES DMSION&AND DIVISION AND ENGINEERING SECTION
2600 FRESNO STREET,FRESNO CA 93721 MU TRACT No. 4833
PREPARED BY: I Bill Walls UGM No. 610
CHECKED BY: I Alan Kawakami P.W.FILE No. 10092
TRACT NAME: I GROSS ACREAGE 34.5326
ZONING: R-1/UGM NET ACREAGE 32.1500
SUBDIVIDER(AS PER MAP) NUMBER OF LOTS 119
EFresnlo.
ille Homes,Inc.
est Herndon Avenue,Suite 101
ADDRESS: CA 93711 -- -
436-0900
SUBDIVISION CALCU ION SHEET
(Includes Early Construction Agreement Calculations)
(Includes Early Issuance of Building Permits)
1 a.Water Construction
Engineers Estimate 122 26.00
Adjustments S27 669.00
Adjusted Cost Estimate
1b.Water Well Construction
Engineers Estimate 50.00
Water Well Head Treatment 50.00
Adjusted Cost Estimate
1 c.Water Construction (Part of Early Agreement)
Engineers Estimate 50.00
Adjustments S0.0o
Adjusted Cost Estimate ,
2a. Sewer Construction
Engineers Estimate 168 652.00
Adjustments i44 828.00
Adjusted Cost Estimate
2b.Sewer Construction (Part of Early Agreement)
Engineers Estimate 50.00
Adjustments 50.00
Adjusted Cost Estimate
EXHIBIT"B" Page 1
Tract No.48331UOM610 16-Jul-99
INSPECTION FEE CALCULATIONS
Total for Inspection Fee Calculations. 5886 406,00
7%of First$10.000.00($300.00 min) 5700.00
4%of next$490,000.00 19600.00
2.5%of cost over$500,000.00 $9,660.15
Total Inspection Fees 529960.15
Inspection Fees paid with the E.C.A. 50.00
Total Inspection Fees Due with this Agreement
Sub-Total For Construction Cost Bonding 5886 406.00
Lot and Block Comers, 314 550.00 Ea S15 700.00
Sub Total For Construction Cost Bonding 5902 108.00
Construction Contingency S92 894.00
Total Estimated Construction Cost
TOTAL INSPECTION FEES AND TOTAL ESTIMATED COST OF CONSTRUCTION
Total Inspection Fees Due with this Agreement
Total Estimated Construction Cost
SECURITY CALCULATIONS
Performance Security
100%of the Total Estimated Construction Cost 5995000.00
5%Security Deposit(Cash or C.D.) S49 750.00
Performance-95% 5945 250.00
Payment Security
Labor b Materials-50%
WARRANTY CALCULATIONS
Warranty Security:
5%of First$50,000.00 S2 500.00
3%of Next$50,000.00 1500.00
1%of Next$400,000.00 54 000.00
1/2%of Costs Over$500,000.00 2 475.00
Total Amount to be Retained for Warranty
EXHIBIT"B" Page 3
Tract No.4833/UOM610 16-Jul-99
(d) Sewer Capacity Enhancement Charge
Trunk Serer Service Area JHERNDON
119 UNITS Q 1369.00 /UNIT :182 911.00
(e) Wastewater Facilities Charge
Wastewater Facilities Charge to be paid in accrdance with FMC 9-503(b)
Total Sewer Charges Deferred by Covenant
Total Sewer Charges Due with the Agreement
(12)WATER CHARGES
(a)Time 3 Materia[!!M4691 ast-Tie")
Estimate Nor.
Water Job No.
Time&Materials Charges("Wet-Tie' i8 400.00
Time&Materials Charges("Wet-Tie'Due with Agreement
(b1)Service Connection Charges
Deferred by Covenant (0ano 1 ryes - -F___1_0_611'METERS F$320.00 1 Ea. $3392 .00
1-1/2•METERSC Ea. 6,710
.
Service Connection Charges Deferred by Covenant S40 030.00
Service Connection Charges Due with Agreement
(b2)Landscape Service Connection Charges
MLandsca Service Connections(Not Deferrable by Covenant)
0 1•METERS Q 5320.00 Ea. 50.00
0 1-1/2'METERS 5470.00 Ea. 0.00
2 2•METERS Q 620.00 Ea. $1 240.00
Total Landscape Service Connections Due with Agreement
(c)Frontage Charge
Deterred by Covenant 1 (0ano 1-yes
600.00 LF 1 $3.25 JAY $1950.00
0.00 LF $6.50 /LF $0.00
Frontage Charge Due for EIRP Lots $0.00
Frontage Charge Deferred by Covenant $1950.00
Frontage Charges Due with Agreement
(d)Fire Hydrant Charge
Zone District R-1AJGM
1165507.0 SF 1 $0.75 /100 SF
(e)Transmission Grid Main Char e
UGM Reimbursement Area No. A
Deferred by Covenant 0 (0-no 1 ryes
34.5326 AC 560.00 IIAC $19338.26
AC /AC $0.00
Transmission Grid Main Construction Credits [ $32126.00 ]
Transmission Grid Main Charge $0.00
Transmission Grid Main Charge Due for EIBP Lots $0.00
Transmission Grid Main Charge Deterred by Covenant $0.00
Transmission Grid Main Charge Due with Agreement
(f)Transmission Grid Main Bond Debt Service Charge
UGM Reimbursement Area No. A
Deferred by Covenant 1 (0ano 1 ayes
34.5326 AC 5243.00 /AC $8,391.42
0.0000 AC 50 00 /AC $0.00
TGM Bond Debt Construction Credits [ . $0.00 ]
TGM Bond Debt Service Charge $8,391.42
TGM Bond Debt Service Charge Deferred by Covenant $839142
TGM Bond Debt Service Charge Due with Agreement
Not applicable for 2 years after map recordation.then due at Building Permit for all undeveloped lots.
EXHIBIT"B" Page 6
Tract No.48331UGM610 16-Jul-99
(15)UGM MAJOR STREET CHARGE
Zone U
Deferred byCovenant 1 0 (O-no 1Nes
32.1500 AC a i2 500.00 IAC $80,375.00
UGM Major Street Construction Credit [ $80,375.00 11
UGM Major Street Charge This Zone $0.00
UGM Major Street Charge Due for EIBP Lots $0.00
UGM Major Street Charge Deferred by Covenant $0.00
ith
UGM Major Street Credit due wagreement
(16)UGM MAJOR STREET BRIDGE CHARGE
Zone
Deferred by Covenant 1 (0=no 1=yes
32.1500 AC a 1 $50.00 /AC $1,607.50
UGM Major Street Bridge Construction Credit [ $0.0011
UGM Major Street Bridge Charge $1,607.50
UGM Major Street Bridge Charge Due for EIBP Lots $0.00
UGM Major Street Bridge Charge Deferred by Covenant 1 607.50
UGM Major Street Bridge Charge Due with Agreement
(17)UGM TRAFFIC SIGNAL CHARGE
Deferred by Covenant 1 (0=no lryes
32.1500 AC Q 1 $860.00 /AC $27,649.00
UGM Traffic Signal Construction Credit [ $7,025.00 ]
UGM Traffic Signal Charge $20,624.00
UGM Traffic Signal Charge Due for EIBP Lots $0.00
UGM Traffic Signal Charge Deferred by Covenant $20,624.00
UGM Traffic Signal Charge Due with Agreement
(18)UGM GRADE SEPARATION CHARGE
Deferred by Covenant 0 (0-no 1 ryes)
Service Area,Zone: E-4-A
32.1500 AC 0.00 /AC $0.00
UGM Grade Separation Charge Deferred by Covenant $0.00
UGM Grade Separation Charge Due with Agreement
(19)UGM AT-GRADE RAILROAD CROSSING FE�E--�
Deferred b Covenant IBJ(D-no 1=yes)
Service Area:
32.1500 AC Q 0.00 /AC $0.00
UGM At-Grade Railroad Crossing Construction Credit [ $0.00 11
UGM At-Grade Railroad Crossing Fee $0.00
UGM At-Grade Railroad Crossing Fee Due for EIBP Lots $0.00
UGM At-Grade Railroad Crossing Fee Deferred by Covenant $0.00
UGM Al-Grade Railroad Crossing Fee Due wM Agreement
(20)UGM TRUNK SEWER FEE
Service Area
Zone District R-1AJGM
Deferred by Covenant 0 (0=no 1=yes
34.5326 AC Q 1 $0.00 /AC $0.00
LIGM Trunk Sewer Fee Deferred by Covenant
UGM Trunk Sewer Fee Due with Agreement
(21)OVERLAY SEWER SERVICE AREA
Deferred by Covenant 0 1(O=no 1=res
34.5326 AC Q 1 $0.00 /AC 50.00
Overlay Sewer Fee Deferred by Covenant 50.00
Overlay Sewer Fee Due with Agreement
EXHIBIT"B" Page 7
Subdivision Agreement
Tract No. 4833/UGM 610
A Planned Development
Page 16
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s)
of Tract No. 4833/UGM 563, is subject to an annual assessment currently estimated at$133.00.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4833/UGM 610. I/We understand
that the current estimated assessment is only an estimate for the current year and that the current
year and that the assessment may increase or decrease in future years.
I/We also understand that by signing this document I/We have not waived my/our rights
to protest the assessment amount at the noticed annual public hearing held by the City Council.
Purchaser Date
Co-Purchaser Date Subdividers Representative Date
FT4833 Subdvlaton Agmement.wpd (July 14, 1999)
EXHIBIT "C"
• .a
4. Subdivider shall have the further option of engaging his own attorney to negotiate
and/or prosecute a condemnation action for the required easement acquisition.
Upon Subdivider's election, no later than twenty (20) days after the Council of the
City of Fresno approves this agreement, of a reputable and qualified attorney of his
choice, subject to approval of the City Attorney, City shall appoint said attorney as
a special deputy city attorney, provided said attorney executes an agreement with
City for that purpose. Said special attorney must, within thirty (30) days of his
appointment, file an action in eminent domain, and shall apply for an order for
immediate possession of the subject property. As soon as is legally possible after
commencing said proceedings in eminent domain and applying for said order, said
special attorney shall obtain an order for immediate possession pursuant to Section
1255.410 et seq. of the Code of Civil Procedure. Said special attorney may draw
upon the funds deposited hereunder for attorney's fees and costs by submitting to
the City Attorney for his review and approval an itemized written request therefore
endorsed by the Subdivider.
5. Subdivider acknowledges that the initial cash deposits are estimates only and will
increase as the litigation proceeds. Subdivider agrees to pay all proper and
necessary charges incurred or paid by City in pursuing the condemnation
proceedings to a settlement or final judgement. City incurs no liability for its failure
to accurately or properly estimate the actual costs incurred in the condemnation
action.
6. Following Subdivider's initial deposit, City may give notice to Subdivider that said
Subdivider shall deposit such additional sums as City deems necessary to continue
or cause the continuation of prosecution of the proceedings. Subdivider shall pay
all such sums within ten (10) days of the mailing of said notice. The notice shall
state what costs have been incurred to date, what additional costs are anticipated;
and how the City intends to apply these additional deposits to, for example, such
items as additional compensation, damages, court costs, expert witness fees, City
Attorney staff time, City Attorney support staff time, deposition costs, right-of-way
staff time, copying costs, mailing costs, process server fees, right-of-way staff fees
and costs, property owners' litigation expenses, costs and attorney's fees (when
required by law) and such other and further litigation and administrative costs as
City shall deed necessary to pursue the condemnation action to final judgement.
Subdivider's dissatisfaction with the adequacy or sufficiency of said notice for any
reason shall not excuse Subdivider from any duty or obligation, including the
obligation to deposit additional sums. Prior to the date of any settlement
conference set by the superior court in the eminent domain proceedings, Subdivider
shall be given notice and an opportunity to participate in any decision to settle the
acquisition proceedings if the proposed compensation exceeds the opinion of value
established by the City's appraisal or the property owner's appraisal. However,
such participation shall be limited to advising City staff where the giving of such
advice does not interfere with, restrict, delay or impede the City Attorney in the
Page 2 FIRST ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4833
11. At the conclusion of any condemnation proceedings, City shall provide to
Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this
agreement, however, shall not excuse Subdivider's duty to perform any act,
particularly the duty to make full and timely deposits in accordance with any
demands and notices by the City. Upon rendering of the final accounting
referenced herein, Subdivider may question or challenge any use of funds set forth
in such accounting and may appeal same to the City Council.
12. Any amounts deposited by Subdivider shall be maintained by City in an interest-
bearing account of the City's choice, and may be co-mingled with other City funds
in such account. Interest accruing upon any such deposit shall inure to an be
created for the benefit of Subdivider, less the City's reasonable or actual costs of
administering said account and less any other charges which may be required or
authorized by law. The parties agree that five (5) per cent of'the amount(s)
deposited is the reasonable cost of administering said account.
13. Time is of the essence to this agreement since the City may suffer certain
consequences in the event of Subdivider's breach, such as inverse condemnation
liability,Abandonment(by operation of law)of the condemnation action, and award
to the property owner of his litigation expenses and reasonable attorney's fees and
those sanctions imposed by the Permit Streamlining Act(Government Code Section
65920, et sec.).
14. No partial invalidity of this agreement shall invalidate the remainder.
Page 4 FIRST ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4833
SECOND ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION FOR EAST BEHYMER AVENUE)
WHEREAS Subdivider is unable to acquire and dedicate to the City all easements
and rights-of-way required for street purposes related to this agreement prior to final map
approval; and
WHEREAS Subdivider desires that acquisition of the required rights-of-way be
diligently pursued; and
WHEREAS' Subdivider has notified the City (i.e., the Public Works and/or
Development Department Director)of his inability to acquire the necessary easements and
rights-of-way, and has requested that the City commence such proceedings as are
necessary and proper to acquire said easements and rights-of-ways thrQugh negotiation
and/or the lawful exercise of its power of eminent domain; and
WHEREAS the City hereby agrees to use said power of eminent domain at the
specific request and instance of the Subdivider;
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall initially deposit, upon execution of this agreement,the sums set out
in paragraphs 2 and 15, below. Such sums shall be utilized by the City to acquire
the necessary easement and rights-of-way, including but not limited to: just
compensation and damages forthe interests acquired, City legal and non-legal staff
time as needed to attempt a negotiated purchase, appraisal fees, court costs and
the related expenditures necessary to acquire the easement right-of-way through
the lawful exercise of the City's power of Eminent Domain. If initially deposited
funds are less than the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such additional sums as may be required from
time to time to prosecute the matter to conclusion, such further payments to be
made within ten (10) days of the mailing to the Subdivider of a notice requesting
such additional costs. If deposited sums exceed the actual full cost to acquire the
subject rights-of-way, then at the conclusion of acquisition proceedings City shall
refund the difference as soon as the City determines the amount of such excess.
2. Said initial deposit shall include funds necessary for the items specified in
Paragraph 15, captioned "Summary of Initial Deposit"
3. Subdivider shall have the option of providing appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the
City Attorney, in lieu of deposit of appraisal and title report fees, providing said
reports are issued within 120 days preceding the adoption of the Resolution of
Necessity authorizing the condemnation proceedings.
Page 1 SECOND ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4833
prosecution or compromise of the condemnation proceedings, as he deems
necessary and appropriate in the exercise of his sole professional judgement and
discretion.
7. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other
remedies available to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may
summarily revoke any and all permits issued to build such project.
b. City may, in its sole discretion, elect to terminate any acquisition
proceedings commenced pursuant to this agreement. If City so elects,
Subdivider shall indemnify and hold City harmless from ahy-and all costs,
fees, damages and expenses incurred as a result of said proceedings and
the termination and abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed
arid treat all costs incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so demanded in the notice to
deposit shall be presumed to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect
interest on the amount demanded, to the extent said amounts reflect cost
actually incurred, and upon any amounts thereafter incurred, at the rate of
ten (10) percent per annum until paid. In any action brought by the City as
the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation
costs.
8. Compliance with the terms and conditions of this agreement is a condition of
approval of any and all UGM, tract map and subdivision map projects which are the
subject of the principal agreement to which this ancillary agreement is a part.
9. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by or for Subdivider in conjunction with said development as
security for the payment of any costs, charges or fees called for by this agreement.
10. Upon recordation of the Subdivision Agreement to which this addendum is
incorporated by reference, City shall have a lien upon the lands described in
paragraph 1 of said Subdivision Agreement as security for the payment of any
costs, charges or fees called for by this agreement.
Page 3 SECOND ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4833
15. Summary of Initial Deposit.
AMOUNT DEPOSITED: ITEM:
$ 1,000.00 Appraised value of easement.
$ 000.00 * Initial Appraisal fees.
$ 500.00 Right-of-way staff time.
$ 400.00 * Cost of acquiring title report(s).
$ 5,000.00 Attorney's fees and costs (assuming a negotiated
settlement after filing of complaint in eminent domain).
$ 000.00 ** Other:
$ 6,900.00 Subtotal
$ 600.00 Contingency
$ 7,500.00 TOTAL
NOTES:
• An "E" in the"Amount Deposited" column indicates that Subdivider has elected the
option(s) available in paragraph 3 of this Addendum.
** Enter "0" in the "Amount Deposited" column if there are no other costs.
Revised 10/13/1999
Page 5 SECOND ADDENDUM TO SUBDIVISION AGREEMENT
TRACT NO. 4833