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HomeMy WebLinkAboutT-4855 - Agreement/Covenant - 8/16/2006. rt .33 i3s=iS ki3;3 i3}R ff '�If}11 i} 3f3s ?s is#� kIBf -V€SFxlf''f:F:pR A C4ADER'SISIiIU. .Y UBDIVISION AGREEMENT City of ff-r1k_.we'd►r PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4855 Phase I of Vesting Tentative Tract No. 4855/UGM615 P.W. File No. 10187 THIS AGREEMENT is made this day of �r�� , 2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and DMP DEVELOPMENT CORPORATION, INC., a California Corporation, P. O. Box 1308, Madera, California 93639 hereinafter designated and called the "Subdivider," without regard for number or Gender. i 4 Subdivision Agreement Tract No. 4855/UGM A Planned Development 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. 4855/UGM, said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of said map,the dedication of such streets, highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to construct the improvements and develop the subdivision. E. The Subdivider hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument. F. All such instruments of subordination, if any, are attached hereto and made a part of this instrument. Subdivision Agreement Tract No. 4855/UGM 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 May 31, 2002, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before May 31, 2004, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Lot corner monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before May 31, 2002, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot corner monumentation). d. The Street trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parks Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant, or to inspect the required Street Tree platings, shall be in accordance with the Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of this Agreement. e. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the prevailing Uniform Fire Code (UFC). The Subdividers 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. 48551UGM A Planned Development Page 4 f. 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. g. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements(including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. Construct all landmarks,monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdividers engineer or surveyor for the final setting of all monuments required in the subdivision. 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 • i 1 Subdivision Agreement Tract No. 4855/UGM A Planned Development 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 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. Perform and construct all work shown on the following referenced plans (City Drawing Nos: 15-C-10150 through 15-C-10252] (3 sheets) inclusive, Drawing No.4- C-562(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. j. The Subdivider has paid to the City the sum of Eleven Thousand Three Hundred Fifty-two and 28/100 Dollars ($ 11,352.28) for the total subdivision fees and charges and has executed a covenant to defer certain impact fees which are eligible as a condition of final map approval.The total fees and charges are more particularly itemized Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 6 and made a part of this agreement in the attached Exhibit"B." k. In connection with assigning figures set forth in Exhibit °B," the City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations.Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 4. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Specifications of the City,which said plans and specifications and standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. 5. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City: a. Performance security in the sum of Fifty Thousand and 00/100 Dollars ($50,000.00),which is equal to 100%of the total estimated cost of the work required. Five percent(5%) of said amount, Three Thousand and 00/100 ($ 3,000.00), shall be cash or Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 7 a Certificate of Deposit; the remaining 95%, Forty-eight Thousand and 00/100 Dollars ($ 48,000.00) 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 Twenty-five Thousand and 00/100 Dollars ($ 25,000.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. C. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall be furnished to or retained by the City, in the amount of Three Thousand and 00/100 Dollars ($ 3,000.00), for guarantee and warranty of the work for a period of one(1)year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate of Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. 8. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 8 from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend, and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the 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 Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 9 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. 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. i" Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 10 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 11 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. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. Subdivision Agreement Tract No. 4855/UGM A Planned Development Page 12 19. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Owner or Developer without the written consent of City. The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation DMP DEVELOPMENT CORPORATION, INC. JOHN A WHITE, DIRECTOR A California Corporation PUBLIC WORKS DEPARTMENT 3-Z7Lc7a� By: By: David L. Berry, President ATTEST: REBECCA E. KLISCH CITY CLERK By: icha A. Pistore Vice President By: repu'Y6 APPROVED AS TO FORM: (Attach Notary Acknowledgment) HILDA CANTO MONTOY City Attorney By: Deputy DATE: M RCH 8, 2000 State of California RIGHT THUMBPRINT(Optional) County Of Madera 0n before me, Betty J. Beaird, Notary Public IDATEI INAMEITITLE OF OFFICER4.a.'JANE DOE,NOTARY PUBUVI personally.appeared. David Le Berry and INAME(S)OF SIONERISII CAPACITY CLAIMED BY SIGNERIS) Michael A. Pistoresi OINDIVIDUAL(S) OCORPORATE ® personally known to me -OR- O proved to me on the OFFICER(S) I basis of satisfactory OPARTNER(S) OLIMITED evidence to be the OGENERAL person(s) whose name(s) OATTORNEY IN FACT Ware subscribed to the OTRUSTEE(S) within instrument and OGUARO(AN/CONSERVATOR BETTY J. BEAIRD acknowledged to me that OOTHER: COMM.#11 Wbamexecuted the NOTARPBLGCA IFOIA same in �thir m PRINCIPAL OFFICE IN authorized capacity(ies), SIGNER IS REPRESENTING: COMIsim Exp.Oct.30,2001 and that by Mort /their IName of Peraonle)or Enthylleal signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) .acted, executed the RIGHT THUMBPRINT 10ptlonal) instrument. Witness my hand and official seal. >r (SEAL) ( NATURE OF NOTARY) CAPACITY CLAIMED BY SIGNER($) OINDIVIOUAL(S) OCORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. I"'tt" Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) OLIMITED unauthorized document. - OGENERAL OATTORNEY IN FACT THIS CERTIFICATE This or Type of DocumentOTRUSTEE(S) MUST BE ATTACHED 40- (� Sl�jr OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Dego nT - y� OOTMER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Enthyllaa) WOLCOTTS FORM 83740 Rev.S•lls twice clave 8•2A1 01994 WOLCOTTS FORMS.INC. AU PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONfIWO FINGERPRINTS 11jJ111111111 1111111111111 7 67775 63240 8 EXHIBIT A Subdivision Agreement for Tract 4855 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $0 Well Construction Cost Estimate $0. ; Sewer System Construction Cost Estimate Street Construction Cost Estimate .... 5'3 Final Cost Estimate (for Inspection Fee purposes) $43,532 I'` X41 Landmarks, Monuments, Lot& Block Corners ($50/ea) $2,050 Sub-Total (for bonding purposes) $45,582 Construction Contingency (10%) $4,558 TOTAL COST ESTIMATE" (for improvement securities purposes) $50,140 $50 000 *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 $48,000 5% of amount shall be in cash or a Certificate of Deposit $3,000 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 $25,000 Faithful Peformance Security to Guarantee Completion of Plans Street Plans 0 Utility Plans (Sewer.Water, Storm Water) 0 Street Light Plans $0 1 Landscaping/IrrigationfWalls $0 100% of amount shall be in cash or a Certificate of Deposit $0 C. WARRANTY SECURITY REQUIREMENT" (due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next $50,000 $0 1% of next$400,000 $0 0.5% of amount over$500,000 $0 Minimum amount $3,000 EXHIBIT A v3fl/00 Prepared By: L.Rocha Date: 03/05/2000 Print Date:03/08/00 4:45:46 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTK)N FEE Final Cost Estimate 41 OK na (7%;$300 minimum fee) Final Cost Estimate>$10K 5$500K 2 041.28 ($700+4%of amount over$10K) 30.Final Cost Estimate over$500K na ($20,000+2.5%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $0 QQ J Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $2,041.281S2 041.28 2. MONUMENT CHECK FEE 5 Lots and Outlots 530.00 per Lot $450.00 (Min$200) 8.STREET SIGNS i' S Street Name Sign sets $173.00 per set na nal WaminglRegulatory signs a $77.00 sign na nal 4. STREET TREES City Installed(5-gallon)Street Trees a 5102.00 per Tree na na Inspection Fee(when planted by subdivider) Q 528.00 per Tree $980.00 $980.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5.SEWER TRENCH WATER COMPACTION CHARGE Cubic yards $0.121 per CY na 04M 6.WATER CONSTRUCTION CHARGE ©Lots $1.25 per Lot $0.00 7. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(fxS) Lum Sum Charge as established by Public Works Director nal na 8.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) Lots(anticipated maintenance cost) ':i` iS00O per Lot na Lots(incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 0 assessment district proceedings 00 min) na Lum Sum Landscape area Field Inspection Fee-Parks $293.D0 LS na Total na na Estimated assessment per Lot(Information only) a. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet $S.DO per LF na na TOTAL MISCELLANEOUS FEES 6 CHARGES 3 4128 3 471:211:: EXHIBITB 4M100 Prepared By.L.Rocha Printed 03108100 11:38:18 AM Paye 1 ore EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED .............................. '119t�f> Gross Acres Net Acres Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets Units(residential) t? LUE(non-residential) Zoning fri tnput"ugm"it within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES ' FMFCD Drainage Area 3;7170.1 1 Acres per FMFCD 3 : Aper Acre ;7881.00 FMFCD Drainage Area Q'0000'I Acres per FMFCD 5:0;;per Acre na Local Drainage Fee $7,801::00. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Char e Frontage. 'SF Frontage: j.USF Frontage: ��! O. SF Total Square Feet �J"F DO SF; sub-total Lateral Sewer Charge ;0.10 per SF Less estimated Lateral Sewer Charge Credits ;0,00' Lateral Sewer Charge 0.00 0.001' Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge UGM Reimbursement Area Frontage 0 SF Frontage: Q SF Frontage: 1���' SF Total Square Feet �J"F [�01 SF;sub-total Oversize Sewer Charge ;0.05 per SF Less estimated Oversize Credits $0.00' Less estimated Overdepth Credits Oversize Sewer Charge $0.00S0.00 (c Trunk Sewer Charge FIERNDS7N Trunk Sewer Service Area 0 Units per Unit ;0.00 (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) EXHIBIT B d3/1/00 Prepared By.L.Rocha Printed 0308/00 11:38:18 AM Page 2 of 8 EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e Sewer Ca ity Enhancement Charge Trunk Sewer Service Area 0 Units 51 369;00 per Unit 50.00 3. WATER CONNECTION CHARGES • (a Ti�terW Charyes("Vliet-Tie") Estimate Number Water Job Number Estimated Deposit(FMC 14-111-fj O.OI)'(B3) (B3) Deposit paid with Early Construction Agreement (b1 Service Connection Charges Q 1'Meters m existing services5320.00 each $0.00 SO,OQ SO,OO 0 1-1r2'Meters to existing services $470.00 each $0.00 0.00 O.00ii 0 2"Meters to existing services =620.00 each 50.00 50:00 5000:' 0 1'Services(5735)3 Meters(6195) $930.00 each $0.00 $0.00 $0.00 1-1 f2"Services($880)S Meters($340) $1,220.00 each $0.00 SQ:DO 50.0011 0 2"Services($1,010)3 Meters($411) $1,421. each $0.001 $0.00. X0.00' (b2)Landscape Service Connection Charges 0 1'Meters to existing services $320.00 each 50.00 50100:: 0 1-1r2'Meters to existing services L $470.00 leach $0.00 50100: p 2"Meters to existing services $620.00 each 50.00 SQ 00 1"Services($735)3 Meters($195) $930.00 each $0.001 O,OQ 1-1 f2'Services(5880)S Meters(5340) $1 220.00 each $0.00 50.00 0 2"Services($1,010)3 Meters($411) (� $1,421. each $0.00 0.00' (c)Frontage Char e Frorlfage. 0 LF Frontage. 0.1 LF Frontage. ^,' >y''LF Sub-Total Lineal Feet(%rate) �O LF C�LF; sub-total Frontage Charge(%rate) per LF na Frontage. t)"LF Frontage. pit LF Frontage: .:0.:LF Sub-Total Lineal Feet(full rate) 0LF -J LF; sub-total Frontage Charge(full rate) 56.50 per LF na Sub-Total Frontage Charge 50.00 Less estimated Frontage Charge Credits __'i' 50.00,'. Frontage Charge 50.00 $0,001- (d 0;0p(d Fire H rant Charge 0:I SF;residential zoning per 100 SF na' ha SF;non-residential zoning 51.25 per 100 SF na' na • ria EXHIB T B d3/11W Prepared By.L.Rocha Printed 03108= 11:38:18 AM Page 3 of 8 EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e Transmission Grid Main Charge UGM Reimbursement Area 3.8960 Gross Acres =560.00 per Gr Acre na 0.0000 Net Acres 5700.00 per Net Ac 10.00 Lass EsdmatedTGM Construction Credits Transmission Grid Main Charge E M. =0 00; • SQIWI; ( Transmission Grid Main Bond Debt Service Charge 3.6960 Gross Acres =243.00 per Gr Acre na 0.0000 Net Acres =304.00 per Net Ac 10.00 Less EstimatedTGM Bond Debt Service Charge Credits $0.001: Transmission Grid Main Bond Debt Service Charge •• ••Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation;when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. ( UOM Water Supply Fee Supply Well Service Area 0 Living Units(residential) ((� Q:,OQ per Unit 50.00 0 Living Unit Equivalents(LUE);non-residential ;:0 Q4 per Unit 50.00 Less Estimated UGM Water Supply Fee Construction Credits ;1;50.005' UGM Water Supply Fee $0.00 N Well Head Treatment Fee Well Head Treatment Service Area 0 1 Living Units(residential per Unit 50.00 l�Living Unit Equivalents(LUE);non-residential per Unit 50.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $0.00 50.00 (i)Recharge Fee 0 Recharge Service Area 0 Living Units(residential) 6:0:00:per Unit 50.00 Living Unit Equivalents(LUE);non-residential 50:00 per Unit 10.00 Less Estimated Recharge Fee Construction Credits $0,06'' Recharge Fee $ 0.00 (j 1984 Bond Debt Service Fee 0 1994 Bond Debt Service Fee Service Area 0 1 Living Units(residential) 50001:per Unit 50.00 OLiving Unit Equivalents(LUE);non-residential 5000'per Unit 50.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 50;001 1994 Bond Debt Service Fee so-001 I 7:105—OT EXHIBIT B v311100 Prepared By.L.Rocha Printed 03AWW 11:38:19 AM Page 4 of 6 EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a U0) M FIRE STATION FEE 2 Fire Station Service Area 3.6960 1 Gross Acres 1278:00!per Gr Acre 51 027.49 0:00:: (b)UGM NEIGHBORHOOD PARK FEE ''.. 6 Neighborhood Park Service Area 36960 Gross Acres per Gr Acre 54,183.87 4 183',BT,' (c UGM STREET CHARGE 18 Major Street Zone 3.6960 Adjusted Gross Acres per AG Ac 52 513.28 Less Estimated Major Street Charge Construction Credits Major Street Charge $2.513.28110 00 S2 13 28:: (d UGM MAJOR STREET BRIDGE CHARGE B Major Street Bridge Zone 3.6960 Adjusted Gross Acres518.48 per AG Ac Less Estimated Major Street Bridge Charge Construction Credits g g `30'00:1 Major Street Bridge Charge 1B:4BI' (e)UGM TRAFFIC SIGNAL CHARGE 3.6960 Adjusted Gross Acres per AG Ac 53 178.56 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $3,178.561 ( UG SEPARATION CHARGE Grade Separation Service Area 3.6960 Adjusted Gross Acres a 'I 30:OOIi per AG Ac na Less Estimated Grade Separation Charge Construction Credits Grade Separation Charge 50.00'::• 50:00':1 ( UORADE RAILROAD CROSSING FEE At-Grade RRXing Service Area 3.6960 Adjusted Gross Acres a0 a0 per AG Ac na rade RRXing Service Area 3.6960 Adjusted Gross Acres ! 0.00: per AG Ac na At�rade RRXing Service Area 3.6960 Adjusted Gross Acres a '' S0.00'I per AG Ac na Less Estimated At-Grade RRXing Charge Construction Credits $0.00'- At-Grade RRXing Fee (h)UGM TRUNK SEWER FEE Trunk Sewer Service Area 3.6960 Adjusted Gross Acres 50.00 per AG Ac na Less Trunk Sewer Fee Credits `10;001 Trunk Sewer Fee 50.00 ®QD O.QO!' EXHIBrr B J3/1I00 Prepared By L.Rocha Printed=08100 11:38:19 AM Page 5 of 6 EXHIBIT B Subdivision Agreement for Tract No. 4855/UGM AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (I O illb SE�JL R SERVICE AREA Millbrook lq Service Area 3.6980 usted Gross Acres tO W per AG Ac na SO,QQ SO100'' Total Im pact Fees&Charges 19 66> 7689 Od 1(S 9F5t3 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES TOTAL(B) IMPACT FEES&CHARGES 7$89 Ot) 1Q BS 66 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash C<t 3B26 EXHIBIT B b3h100 Prepared By.L.Rocha Printed 03/08100 11:38:18 AM Page 6 of 6 Tract No. 4855/UGM 615 P.W. File No. 10187 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on March 30,2000, in the office of the Fresno County Recorder as Document No. 2000- 0037670 of which the Deed of Trust in by and between DMP Development Corp., a California Corporation as Trustor,Chicago Title Company, a California Corporation,as Trustee,and Michael A. Pistoresi and Renee Pistoresi, husband and wife, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 4855, Phase I of Vesting Tentative Map of Tract No.4855/UGM 615. DATED: April 13 , 2000 BENEFICIARY MICHAEL A. PISTORESI AND RENEE PISTORESI Husband and Wife By: Mic I Pistor B es' : e ee Pistor , (Attach of Acknowledgement) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Madera On 04-13-00 , before me, Carrie Holt, Notary Public Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Michael A. Pistoresi and Renee Pistoresi Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and CARRIE HOLT acknowledged to me that he/she/they executed Cma cc COWL B PUBLIC-CALIFORNIA W the same in his/her/their authorized in PRINCIPAL OFRM IN capacity(ies), and that by his/her/their MADERA COUNTY i My C01"'r"I01 EV-Nov 21.2M3 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 6u&, II I b, Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Subordination - Tract #4855/UGM 615 Document Date: 04-13-00 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer Signer's Name: Michael A. Pistoresi and Renee Pistoresi ® Individual . Top of thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Themselves 0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827