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HomeMy WebLinkAboutT-4902 - Agreement/Covenant - 8/14/2006 .f i t i i 3 x�f;iji � jt�xis# 7 £� x yr� £ s � £3 ''�x §3��3).£1 i f i� ii>`.. ,•'Ei,'�.. • „s, »,, .r., x< >; x �., x x >: <. - ....„3sn. i !3 s ���%is•.:s,<, s 1 x.i•3�<xsa��.3.�.� ��>3s SUBDIVISION AGREEMENT City of ir- � .. PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4902 Phase III of Vesting Tentative Tract No. 4570/UGM 563 P.W. File No. 10206 THIS AGREEMENT is made this Z� day ofi 2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Granville Homes, Inc., a Califomia Corporation, 1396 West Hemdon, Suite 101, Fresno, California 93711, hereinafter designated and called the"Subdivider,"without regard for number or Gender. • r ` Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 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. 4902/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 Agreementwith 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. • 1 I Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 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 September 30, 2002, except as noted in (b), (c), and (d) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before September 30, 2004, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Lot comer monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before September 30, 2002, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot comer monumentation). d. The Street trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parks Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant, or to inspect the required Street Tree 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. 4931," per Resolution No. 98-129 requirements for 50- and 56-foot local street pattens.. 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 Subdivision Agreement Tract No. 4902, Phase 111 of Tentative Tract No. 4570/UGM 563 Page 4 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. 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 Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 5 Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Traffic Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with City Standards within seven (7) days from the time said streets are surfaced, or as directed by the City Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with City Standards within seven (7) days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified below as "Wet-Tie Charges"are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. 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 side property lines of all lots which side-onto and back-onto East Geary Avenue and install landscaping and an irrigation system in a 15-foot landscape easement along the side property lines of all lots which side-onto and back-onto South Sunnyside Avenue frontages of the subdivision. The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of the required landscaping until such time as a Maintenance District has been formed to provide for continued care and maintenance of the required landscaping. The Owner has executed a covenant with the City of Fresno accepting the Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 6 maintenance cost share responsibility of the required landscaping by agreeing to be annexed to City's Community Facilities District No. 2 that provides for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this final map in the existing landscape maintenance district.Additionally,the Subdivider is required to provide the City of Fresno with copies of signed acknowledgments (see Exhibit "C") from each purchaser of a lot within the subdivision, attesting to the purchaser's understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. The signed acknowledgments shall be sent to Design Services Section, c/o Public Works Department,Engineering Services Division,2600 Fresno Street,Fresno,California 93721- 3623. j. As a condition of final map approval the Subdivider shall install a 6-foot masonry wall, or approved architecturally solid fence rear of the required 20-foot landscaped easement along lots 1 through 6, 43 through 47 and 52 through 62, inclusive along East Geary Avenue and install at rear of the required 15-foot landscape easement along lots 62 through 68,inclusive along South Sunnyside Avenue,as required by Section 12-105-W-2 and Section 12-306-N-19, Fresno Municipal Code. Pursuant to Section §12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code, the Subdivider has posted improvement security with the City guaranteeing the preparation of the detail land scapingAnigation and well plans for the required landscaping irrigation and wall improvements to be approved by the City. The Subdivider agrees that, in the event the required plans have not been submitted by the Subdivider to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required landscaping/irrigation and sound wall plans. k. As a condition of final map approval the Subdivider is required to install traffic signals at South Clovis and East Church Avenues and at South Clovis and East Geary Avenues. As a condition of final map approval the Subdivider is required to submit plans and profiles for said traffic signal locations. Pursuant to Section §12-1013 (Improvement Plans and Profiles) of the Fresno Municipal Code,the Subdivider has posted security for the required traffic signals improvement plans and profiles to be approved by the City Engineer. The Subdivider agrees that,-in the event the required plans have not been submitted by the Subdivider to the City for approval within 90 days of the execution of this agreement by the City, the City shall use the security posted to cause the preparation of the required traffic signals plans and profiles. Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 7 I. Perform and construct all work shown on the following referenced plans [City Drawing Nos: 10-C-7783 through 10-C-7793 with Water Job No. 4748 (11 sheets) inclusive, 15-C-10371 through 15-C-10389 (19 sheets) inclusive, Drawing No. 4-C-575 through 4-C-576(2 sheets)]inclusive, [Fresno Metropolitan Flood Control District Drawing Nos: "BH"-5-1 through "BH"-5-7 (7 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. m. The Subdivider has paid to the City the sum of One Hundred Ninety-one Thousand Eight Hundred Twenty-one and 01/100 Dollars ($ 191,821.01) for the total subdivision fees and charges and has executed a covenant to defer certain impact fees which are eligible as a condition of final map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit"B." n. 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 Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 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 One Million Six Hundred Thirty-one Thousand and 00/100 Dollars ($ 1,631,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent (5%) of said amount, Eighty-one Thousand Six Hundred and 00/100($81,600.00),shall be cash ora Certificate of Deposit; the remaining 95%, One Million Five Hundred Forty-nine Thousand Five Hundred and 00/100 Dollars ($ 1,549,500.00) 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 Eight Hundred Fifteen Thousand Five Hundred and 00/100 Dollars ($ 815,500.00), 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 to guarantee the completion of the plans and profiles for the traffic signals improvement - Eight Thousand and 00/100 ($ 8,000.00) required. One hundred percent(100%) of said amount shall be cash or Certificate of Deposit all to be conditioned upon the faithful performance of this agreement. �3 d. Performance security to guarantee the completion of the plans and vn�y9 laeev profiles for Landscaping/Irrigation and Wall Improvement-Eleven Thousand Five Hundred /. ' and 00/100 Dollars ($ 11,500.00)required. One hundred percent(100%)of said amount !•v shall be cash or Certificate of Deposit all to be conditioned upon the faithful performance 6/�c [•�ir�s Gree of this agreement. Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 9 e. 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 Fourteen Thousand Seven Hundred and 00/100 Dollars ($ 14,700.00), 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 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 Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 45701UGM 563 Page 10 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 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 Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 11 Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If 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. Subdivision Agreement Tract No. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 12 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within 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. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 13 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. 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. 4902, Phase III of Tentative Tract No. 4570/UGM 563 Page 14 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Mark I.W.1I iam son, PE. GRANVILLE HOMES, INC. S , DIRECTOR A California Corporation PUBLIC WORKS DEPARTMENT By: ATTEST: Farid Assemi, President REBECCA E. KLISCH CITY CLERK By: CTno J — eputy (3 0 (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: eputy DATE:JUL 9,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofss.d On 1 , before me, jTie L• �l Y\V Dae am and oOfficer(e.g., Jane Doe,Notary Public") personally appeared 6f1ZA scfy\_ , Name(s)of Signer(s) personally known to me i ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names is/are SUSAN L flORANO P ( ) name(s) Commisston41238169 subscribed to the within instrument and Notary PubBc-CaAbrnla acknowledged to me that he/she/they executed Fresno County the same in his/her/their authorized wC'Om'5000cil capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand andofficialofficial seal. Place Notary Seal Above Signature of Notaryublic I 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: Document Date: Number of Pages: I Signer(s)Other Than Named Above: I Capacity(les) Claimed by Signer Signer's Name: _ ❑ Individual I, Top of thumb here ❑ Corporate Officer—Title(s): I" ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact � ❑ Trustee ❑ Guardian or Conservator ❑ Other: i 1 i. Signer Is Representing: 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 I EXHIBIT A Subdivision Agreement for Tract No. 4902, (Phase III of TTr. 4570) A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $199,630 Well Construction Cost Estimate $0' Sewer System Construction Cost Estimate $161,470 Street Construction Cost Estimate $1108,587' Final Cost Estimate (for Inspection Fee purposes) $1 469 687 253 Landmarks, Monuments, Lot & Block Comers ($50/ea) $12,650 Sub-Total (for bonding purposes) $1,482,337 Construction Contingency (10%) $148,234 TOTAL COST ESTIMATE" (for improvement securities purposes) $1 630,571 $1,631,000 '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 $1,549,500 5% of amount shall be in cash or a Certificate of Deposit $81,600 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 $815,500 Faithful Peformance Security to Guarantee Completion of Plans .............................................................. ........................... ............................... .................................................. ............. Street Plans =$0 Utility Plans (Sewer.Water, Storm Water) $0' Traffic Signal Plans $8,000 Landscaping/Irrigation/Walls $11,500 100% of amount shall be in cash or a Certificate of Deposit $19,500 C. WARRANTY SECURITY REQUIREMENT" (due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next $50,000 $2,000 1% of next $400,000 $4,000 0.5% of amount over$500,000 $5,700 Minimum amount $14,700 EXHIBIT A v4128/00 Prepared By: Louis Rocha Date:07/19/2000 Print Date:07/19/00 4:25:46 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of 17r,4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<$10K ria (7%;$300 minimum tee) Final Cost Estimate>$10K<$500K ria ($700+4%of amount over$I OK) i t'469,687 Final Cost Estimate over$500K 144,242.18 (=20,000+2.5%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement 50.00 Less Inspection Fees paid with Early Street Construction Agreement SO.00I Inspection Fee 144 242.18 $44,242.18 2. MONUMENT CHECK FEE 100 Lots and Outlots a $30.00 per Lot �, $3.000-001 (Min$200) 3. STREET SIGNS Ji'I14 Street Name Sign sets a $173.00 per set $2 422.001 $2,422.001 Waming/Regulatorysigns a $77.00 sign $154.00 $154.00 4.STREET TREES City installed(5-gallon)Street Trees a sloz.00 per Tree ria C Inspection Fee(when planted by subdivider) Q $28.00 per Tree ria na 200 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. SEWER TRENCH WATER COMPACTION CHARGE 7024 Cubic yards $0.121 per CY 850:00 6.WATER CONSTRUCTION CHARGE 100 Lots $1.25 per Lot 125. 7.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(fx6) Lum Sum Charge as established by Public Works Director ::naj :n:n] 8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 100 Lots(anticipated maintenance cost) $1'28.00':'per Lot $12 800.00 Lots(Incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 100 assessment district proceedings $25.00 min) S2 500.00 Lum Sum Landscape area Field Inspection Fee-Parks 293.00 LS $293,00 Total $15 593.00 $15 593.00 118.00` Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) C Lineal Feet $5.00 per LF ria TOTAL MISCELLANEOUS FEES&CHARGES 68 38818:`: 68 388:18:' EXHIBIT B v488100 Prepared Br..Rick L.Sommerville 3 Louis Rocha 07/108000 Printed 07/19100 4:29:15 PM Pape 1 of a EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of TTr.4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 29.8578' Gross Acres 0.0000 Net Acres .... ....................... 27:1114''Adjusted Gross Acres(AG Ac); excludes Area of Arterial 3 Collector Streets 100Units(residential) 0' LUE(non-residential) R=1 Zoning !u m input'ugm'if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES FMFCD Drainage Area 0.0000 Acres per FMFCD ;:$0 per Acre na FMFCD Drainage Area O,000O,i Acres per FMFCD per Acre na Local Drainage Fee $0.00 (81)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Char e Frontage 0s'SF Frontage: 0 SF Frontage: ��O. SSF Total Square Feet F 0 SF; sub-total Lateral Sewer Charge 50.10 per SF 50.00 Less estimated Lateral Sewer Charge Credits $0:001 Lateral Sewer Charge Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge r7777771 UGM Reimbursement Area Frontsgr. East Gea :Avenue [MSF SF Frontagr. South Suns Avenue. 5� SF Frontage. Total Square Feet ' SF 234,343 SF;sub-total Oversize Sewer Charge 50.05 per SF $11,717.15 Less estimated Oversize Credits $3 242:00 Less estimated Overdepth Credits $5,210.00 Oversize Sewer Charge $0.00 i3 265',15'. (c)Trunk Sewer Charge Fowler Trunk Sewer Service Area 100 lUnits, $344.00 per Unit ® 1 $34.400.00 (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) EXHIBR B v4r28= Prepared By Rick L Sommerville&Louis Rocha 07/10/2000 Pnnted 07/19/00 4:29:15 PM Page 2 of 6 . • , EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of 17r.4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e Sewer Caacity Enhancement Charge na Trunk Sewer Service Area 100 Units ;0.00 per Unit na no 3. WATER CONNECTION CHARGES (a)Time R Material Charges("Wet-Tie") 16461 Estimate Number 47481 Water Job Number Estimated Deposit(FMC 14-111-f) 00 $5,700. (b1 Seryice Connection Charges 91 1'Meters to existing services 9 ;320.00 each ;29120.00 0.00 25120.00'. . 9 1-1/2"Meters to existing services ;470.00 leach 54,230.00 $0.00 134,230.00'' i0 2'Meters to existing services 5620.00 leach 0.00 ;0:00 30.00'' 0 1'Services(;735)3 Meters(;195) ® ;930.00 each $0.00 ;0:00 1 0 1-1r2'Services(;880)3 Meters(;340) ;1 220.00 each ;0.00 ;0:00 ;0.00: 01T Services(;1,010)3 Meters(;411) ;1 421.00 each $0.00 ;0:00 ;0.00: (b2 Landsca Service Connection Charges 0 1'Meters to existing services 5320.00 each $0.00 ;0.00 0 1-12'Meters to existing services ;470.00 each ;0.00 50 00= 2 2"Meters to existing services 1 ;620.00 leach $124000 ;1240:00'! 0 1'Services(;735)b Meters(;195) ;930.00 each $0.001 40.00 0 1-M"Services(;880)3 Meters(;340) ® $1,220.00 each ;0.00 $0:00: 0 2'Services(;1,010)3 Meters(;411) ;1 421.00 each ;0.00 30:00i (c)Frontage Char e Frontage: 0' LF Frontage: _ 0'-LF Frontage: 00LF Sub-Total Lineal Feet(%rate) ®O LF O LF; sub-total Frontage Charge(%rate) LF na Frontage. F777777FlLF Frontage: CO:LF Frontage 0,0'yLFF � Sub-Total Lineal Feet(full rate) �JL 0 LF; sub-total Frontage Charge(full rate) ® ;6.50 per LF 0 Sub-Total Frontage Charge Less estimated Frontage Charge Credits Frontage Charge ;0.00 ;0.00 (d)EOM rant Charge 879 310' SF;residential zoning ;0.75 per 100 SF 1 $6.594.831 OSF;non-residential zoning ;1.25 per 100 SF naI na • -J EXHIBIT 8 v4/28I00 Prepared By.Rick L Sommerville 6 Louis Rocha 07/102000 Printed 07/19/00 4:29:15 PM Pape 3 at 8 EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of TTr.4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (e Transmission Grid Main Charge 0 UGM Reimbursement Area 29.8578 Gross Acres 560.00 per Gr Acre 16720.37 0.0000 Net Acres 5700.00 per Net Ac na Less EstimatedTGM Construction Credits S68 569:00 Transmission Grid Main Charge I....i:� $0.00 50.00' ( Transmission Grid Main Bond Debt Service Charge 29.8578 Gross Acres 5243.00 per Gr Acre 57,255.45 0.0000 Net Acres 5304.00 per Net Ac 0 Less EstimatedTGM Bond Debt Service Charge Credits $0.00: Transmission Grid Main Bond Debt Service Charge 1 $7,255.45 " 50.00 0.00': Subject to vesting tentative map date.fee may not be applicable until 2-years after date of Final Map recordation;when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect. ( UGM Water Supply Fee 501s Supply Well Service Area 100 Living Units(residentiaq °=:5507:00 per Unit S50 700.00 OLiving Unit Equivalents(LUE);non-residential ::::::50;00"per Unit 50.00 Less Estimated UGM Water Supply Fee Construction Credits =i' iES0;00i' UGM Water Supply Fee $50,700.00S50'700:00: (h)Well Head Treatment Fee 5011 1 Well Head Treatment Service Area 100 Living Units(residential 5207:00' per Unit S20 700.00 0 Living Unit Equivalents(LUE);non-residential 50:00' per Unit 50.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee S20 700.00 F:I.S20'700:00'I (i Rechar a Fee 501' Recharge Service Area 100 Living Units(residentiaq S61s00 per Unit S6 100.00 OLiving Unit Equivalents(LUE);non-residential per Unit 50.00 Less Estimated Recharge Fee Construction Credits 50.00 Recharge Fee 1 $6,100.001 $6,100.00 (j)1994 Bond Debt Service Fee F7777W 1994 Bond Debt Service Fee Service Area 100 Living Units(residential) 3244.00 per Unit 524 400.00 Living Unit Equivalents(LUE);non-residential® °;:50.00 per Unit 50.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00 1994 Bond Debt Service Fee $24,400.00 50.00 S24 400.00 EXHIBIT B v4/2a= Prepared By:Rick L.Sommerville&Louis Rocha 07/10/2000 Printed 07/19/00 4:29:15 PM Page 4 d 6 L EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of 17r.4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES A CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 151 Fire Station Service Area 29.857,8 Gross Acres per Gr Acre =18063.97 WWI- (b) 0.00(b)UGM NEIGHBORHOOD PARK FEE 2 Neighborhood Park Service Area 29.8578 Gross Acres s1'650.00' per Gr Acre =49 265.37 � 0 (c)UGM MAJOR STREET CHARGE Q1IE-1 Major Street Zone 27.1114 Adjusted Gross Acres i2 180.001 per AG Ac 359102.85 Less Estimated Major Street Charge Construction Credits ;i '$171`384.00 Major Street Charge [-($112,20 .15)1 50:00 50.00' (d)UGM MAJOR STREET BRIDGE CHARGE D-1/E-1 Major Street Bridge Zone 27.1114 lAdjusted Gross Acres 5210:00 per AG Ac 15 693.39 Less Estimated Major Street Bridge Charge Construction Credits $0.00] Major Street Bridge Charge [ $5.691.391 =:1 0.00 693 9! (e)UGM TRAFFIC SIGNAL CHARGE 27.1114 Adjusted Gross Acres '::!::3.!_3860:OOi per AG Ac 323 315.80 Less Estimated Traffic Signal Charge Construction Credits 115'000:00'' Traffic Signal Charge SO! 50'.00:I ( UGM GRAD SEPARATION CHARGE Grade Separation Service Area 27.1114 JAdjusted Gross Acres iS0:00 i'per AG Ac ria Less Estimated Grade Separation Charge Construction Credits $0.00 Grade Separation Charge $0.001 =50:00. 50.00'. ( UOM AT-GRADE RAILROAD CROSSING FEE is At-Grade RRXing Service Area 27.1114 Adjusted Gross Acres Q 50.00!'per AG Ac ria At-Grade RRX1ng Service Area 27.1114 Adjusted Gross Acres per AG Ac At-Grade RRXing Service Area 27.1114 Adjusted Gross Acres Q 0.00 per AG Ac 0 Less Estimated At-Grade RRXing Charge Construction Credits $0.001 At-Grade RRXing Fee $ 1 50.00, 0.00' (h)UGM TRUNK SEWER FEE Trunk Sewer Service Area 27.1114 JAdjusted Gross Acres Q 50.00 per AG Ac Less Trunk Sewer Fee Credits 50.00 Trunk Sewer Fee 50.00 50. 0.00 EXHIBIT B vY28100 Prepared By.Rick L.Sommerville&Louis Rocha 07/10/2000 Printed 07/19100 4:29:19 PM Pape 5 d a � c 1 EXHIBIT B Subdivision Agreement for Tract No. 4902, (Phase III of TTr.4570) AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (1 OVERLAY SEWER SERVICE AREA Overlay Service Area 27.1114 Adjusted Gross Acres ® ' 0.00 >' per AG Ac na1 $0.00). 0,00. Total Irnact Fees&Charges 1299418;' 125 434.83 134 03788 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES 3 CHARGES 366 386548:' TOTAL(B) IMPACT FEES 3 CHARGES '125 434183 134`037:88:: TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash <;>5191821:.01 EXHIBIT 13 W/28/00 Prepared By Rick L Sommerville&Louis Rocha 07/10/2000 Printed 07/19/00 4:29:19 PM Paye 9 or 6 16 r 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. 4902 UGM, is subject to an annual assessment currently estimated at $ 116.00. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4902/UGM. 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 FT4902 Subdivision Agreement.wpd (July 11,2000) EXHIBIT "C"