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HomeMy WebLinkAboutT-4903 - Agreement/Covenant - 8/14/2006 (2) Recording Requested by: City of Fresno M No Fee-Govt.. Code Sections W 6103 and 27383 cl- When Recorded, Mail To: 0 0 z v C:) City Clerk 08/05/2002120020130162 U City of Fresno 2600 Fresno Street Fresno, CA 93721-3623 . . A ovE. s c a� collo a�s +�s o� APN: 301-010-26 CITY of FRESNO Project ID: Tract No. 4903 Planning & Development Department Project ID: P.W. No.10415 Building & Safety Services Division STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT (Final Map of Tract No. 4903, of Tentative Map No. 4903) DEFERRING CERTAIN SEWER CONNECTION CHARGES, WATER CONNECTION CHARGES, URBAN GROWTH MANAGEMENT FEES AND DEVELOPMENT FEES TO THE TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY AND CREATION OF LIEN RECITALS A. WHEREAS, Copper/Maple No. 1, Inc., a California Corporation, hereinafter referred to as the "Covenantor," is the owner of that certain real property in the City of Fresno, County of Fresno, State of California, hereafter referred to as the "Subject Property" and by this reference made part of this Statement of Covenants, and more particularly described as follows: Lots 1 through 60, of Final Map of Tract No. 4903, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded on 1�— , 2002, in Volumel, of Plats at Page(s), , Fresno County Records. B. WHEREAS, Covenantor 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 and all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 2 C. WHEREAS, the conditions of approval of Vesting Tentative Map No. 4903 (hereafter, "Project"), require the payment of applicable sewer connection charges, water connection charges, Urban Growth Management fees and/or the Millbrook Overlay Sewer fee (hereafter, "Fees") in accordance with the provisions of Chapters 9, 11, 12 and 14 of the Fresno Municipal Code, Resolution No. 95-117 and Resolution No. 95-118 (hereafter, "Ordinances and Resolutions"); and D. WHEREAS, said Ordinances and Resolutions provide the Covenantor the option to defer certain Fee obligations, more particularly identified in the attached Exhibit"A", to the time of issuance of a Certificate of Occupancy pursuant to the requirements of Section 12-4.604 of the Fresno Municipal Code; and E. WHEREAS, the Covenantor, as a condition of issuance of building permit(s) for the Project pursuant to the provisions of the latest edition of the Uniform Building Code as adopted by the State of California and as amended by the City of Fresno, including any subsequent extension and expiration of such permit and the re-issuance of a new building permit for any expired permit on any lot or parcel of the Subject Property, desires to defer the payment of the Fee obligations identified in Exhibit"A" pursuant to the requirements of said Section 12-4.604 until such time that the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 3 NOW, THEREFORE, the Covenantor hereby covenants as follows: COVENANTS. CONDITIONS, AND RESTRICTIONS 1. For the express purpose of administering the fee deferral process, the Fee obligations for the Project may be prorated by the City to each lot, parcel, unit or building on the Subject Property in the manner established by the Planning and Development Director. The intent of this provision is to prorate the Fee obligations of common use areas, outlots, public street easements and similar miscellaneous areas of the Project in a reasonable manner to each lot, parcel, unit or building of the Project to facilitate reasonable administration of the fee deferral process. 2. At the sole discretion of the Planning and Development Director, when the proration of a Fee obligation is not feasible to be administered on a lot, parcel, unit or building basis, the Covenantor may be required to pay the total Fee obligation for such fee for the Project with the first request for issuance of a certificate of occupancy for the Project. 3. The Covenantor may elect to pay any of the deferred Fees prorated to each lot, parcel, unit or building as identified on the attached Exhibit"B", at any time after the recordation of this instrument. The Fee obligations stated in said Exhibit"B" shall be maintained by the Planning and Development Director and shall be adjusted to reflect the Fee rates in effect at the time payment is made, and may be adjusted to account for any subsequently approved reconfiguration to the size or number of lots, parcels, units or buildings. When Covenantor elects to pay one or more of the deferred Fees in advance of the request for issuance of a Certificate of Occupancy, the full amount of such Fee must be paid. The remaining unpaid deferred Fees for that lot, parcel, unit or building shall be paid in full at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 4 4. The actual Fee obligations shall be recalculated by the City at the time of payment at the fee rates in effect at the time of such payment. For the purpose of fee recalculations, the fee credits applied in Exhibit"A"to establish Fee obligations shall not be adjusted during the effective term of this Statement. Any additional credits established after the recordation of this instrument shall be reimbursed in the manner established by the section of the Fresno Municipal Code relating to that specific Fee. 5. Additional new fee obligations not listed on Exhibit"A", but in effect at the time the Covenantor or successors and assigns requests the issuance of a Certificate of Occupancy, will be applicable to this Project if such new fee(s) is/are duly established by the City Council in accordance with Government Code Section 66498.1. 6. At the sole discretion of the Planning and Development Director, a request for "temporary utility connection" or a "temporary or safe to occupy" may be made subject to the provision of an additional cash security deposit representing a portion or all of the deferred Fee amounts. 7. Notwithstanding any of the above payment times, the maximum period for deferment of Fees for a lot, parcel, unit or building shall be limited to a period of one (1) year after final inspection of a building. This time period approximates with the Uniform Building Code and Fresno Municipal Code period which provides for an active permit life of 180 days, after last inspection, with provisions for one (1) extension of said permit, not to exceed a period of 180 days. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 5 a. Covenantor hereby waives any claim that the provisions of this covenant violate Government Code Section 65961. 9. Each of the covenants, conditions, and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon each successive owner of the Subject Property, heirs, representatives, successors and assignees. The Covenantor hereby creates a lien upon the Subject Property to guarantee the performance of the obligations of the Covenantor contained in this Statement. 10. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means. All obligations of the Covenantor in this Statement shall inure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 11. In the event that litigation is instituted to enforce the processing of this covenant, the parties agree that the prevailing party shall be paid reasonable attorney's fees. 12. The conditions and obligations of this Statement, for each lot or parcel of the Subject Property, shall be of no further force and effect upon satisfaction of the Fee obligations for such lot or parcel. Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 6 13. The conditions and obligations of this Statement shall remain in full force and effect until such time as the Fee obligations for all lots, parcels, units or buildings of the Project on the Subject Property are fully satisfied. 14. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any one provisions hereof. Whenever the context of the Statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. 11 // Statement of Covenants Deferring Fees and Creation of Lien Tract No. 4903 Page 7 DATED: 7-216-cam Z CITY OF FRESNO, COVENANTOR, a Municipal Corporation Copper/Maple No. 1, Inc., a California Corporation, By: icl ovino, Director By: Pla ing and Development Department Robert A. McCaffrey, 4dWsident APPROVED AS TO FORM: By: HILDA CANTU ONTOY avi Ciaba ari, Chief Operating 5fficer City Attorney Deputy (Covenantor: Attach Notary Acknowledgments) CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) On July 29 , 2002 before me, Elvia Sommerville, Deputy City Clerk, personally appeared Nick P. Yovino, Director Planning and Development Department, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s), the person(s) on behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By: DEPUTY STATE OF CALIFORNIA ) SS. COUNTY OF FRESNO ) On July 11, 2002 , before me, the undersigned, a Notary Public for the State of California, personally appeared, Robert A. McCaffrey and David Ciabattari, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 Notary Public L.S. My Commission xpir�����602'1 MICHELE L HOGAN Commission#i 1196145 Notary Public-Qftmb Fresno County My Comm-B0WSep 1220M EXHIBIT "A" DEFERRED FEES AND ESTIMATED FEE OBLIGATIONS Project Zoning: R-1/UGM I. WATER CONNECTION CHARGES A. Service Connections (flat rate cost basis only) _-_ inch Services @ $_/Service = $ N/A B. Meters (flat rate cost basis only) 51 - 1_0 inch Meters @ $320/Meter = $ 16,320.00 9 - 1_5 inch Meters @ $470/Meter = $ 4,230.00 C. UGM Transmission Grid Main (TGM) Charge UGM Reimbursement Area: A 17.7114 Acres @ $ 560/GA = $ 9,918.38 Less TGM Credit = $ 3.350.00 Estimated Net Deferred UGM TGM Charge = $ 6,568.38 D. Transmission Grid Main Bond Debt Service Charge For Parcels 5 Gross Acres and Above 17.7114 Gross Acres @ $243.00/ac. _ $ 4,303.87 Less TGM Bond Debt Service Credit = $ 0.00 Estimated Net Deferred TGM Bond Debt Service Charge = $ 4,303.87 E. Frontage Fee 635 Lineal Feet @ $ 3.25 /LF = $ 2,063.75 Estimated Deferred Frontage Fee = $ 2,063.75 F. 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Area. 60 Units @ $895/ Unit = $ 53,700.00 G. The following water connection charges are not deferrable or prorated under the terms of this covenant: 1. Service Connections for common, landscape and other miscellaneous areas, and Time & Materials cost basis 2. Meters for common, landscape and other miscellaneous areas, and Time & Materials cost basis 3. Fire Hydrant Charge 4. UGM Water Supply Fee 5. Wellhead Treatment Fee 6. Recharge Fee II. SEWER CONNECTION CHARGES & SEWER RELATED CHARGES* A. UGM Oversize Sewer Charge UGM Reimbursement Area: 43 63,500 Square Feet @ $0.05 / Sq. Ft. _ $ 3,175.00 Less Oversize Credit = $ 0.00 Estimated Net Deferred UGM Oversize Charge = $ 3,175.00 B. Lateral Sewer Charge Square Feet @ $0.10/ Sq. Ft. _ $ 6,350.00 C. Housebranch Sewer Charge = $ N/A D. Millbrook Sewer Overlay Net Adj Gross Ac @ $ /NAA = $ N/A Units @ $ /Unit = $ N/A E. The following sewer connection charges are not deferrable under the terms of this covenant: 1. Trunk Sewer Charge 2. Wastewater Facilities Sewer Charge III. URBAN GROWTH MANAGEMENT FEES A. UGM Fire Station Fee Service Area: 21 17.7114 Gross Acres @ $1,388/GA = $ 24,583.42 B. UGM Neighborhood Park Fee Service Area: 7 17.7114 Gross Acres @ $1,690/GA = $ 29.932.27 C. UGM Trunk Sewer Fee (Res 83-40) Service Area: Gross Acres @ $ /GA = $ N/A D. UGM Major Street Charge Service Area: F Net Adj Acres @ $2,500/NAA = $ 43,046.00 E. UGM Major Street Bridge Charge Service Area: F Net Adj Acres @ $50/NAA = $ 860.92 F. UGM Traffic Signal Charge Net Adjusted Acres @ $ 860 /NAA = $ 14,807.82 G. UGM Grade Separation Charge Service Area: Net Adjusted Acres @ $ /NAA = $ N/A H. UGM At-Grade Railroad Crossing Charge Service Area: Net Adjusted Acres @ $_/NAA = I. The following charges are not deferrable under the terms of this covenant: 1. UGM Major Street rights of way acquisition and construction 2. UGM Local Street rights of way acquisition and construction 3. UGM Major Street Bridge rights of way acquisition and construction document;\wp51%deterraU4903exhibRA July 8,2002 EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-4903 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Water TGM Water 1994 Sewer Sewer Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 1 8893 $320.00 $31.07 $98.87 $64.78 $895.00 $95.59 $47.79 2 8906 $320.00 $31.11 $99.02 $64.88 $895.00 $95.73 $47.86 3 11631 $320.00 $40.63 $129.32 $84.73 $895.00 $125.02 $62.51 4 16896 $470.00 $59.02 $187.88 $123.10 $895.00 $181.61 $90.81 5 12073 $320.00 $42.18 $134.26 $87.97 $895.00 $129.77 $64.89 6 10166 $320.00 $35.51 $113.04 $74.07 $895.00 $109.27 $54.64 7 7978 $320.00 $27.87 $88.71 $58.13 $895.00 $85.75 $42.88 8 7919 $320.00 $27.66 $88.04 $57.69 $895.00 $85.12 $42.56 9 8291 $320.00 $28.96 $92.20 $60.41 $895.00 $89.12 $44.56 10 8253 $320.00 $28.83 $91.74 $60.12 $895.00 $88.71 $44.36 11 7859 $320.00 $27.45 $87.37 $57.25 $895.00 $84.48 $42.24 12 8285 $320.00 $28.94 $92.12 $60.36 $895.00 $89.05 $44.53 13 16346 $470.00 $57.10 $181.76 $119.09 $895.00 $175.70 $87.85 14 9760 $320.00 $34.10 $108.51 $71.10 $895.00 $104.91 $52.45 15 13697 $470.00 $47.85 $152.26 $99.78 $895.00 $147.23 $73.61 16 8366 $320.00 $29.23 $93.01 $60.94 $895.00 $89.93 $44.96 17 7734 $320.00 $27.02 $86.01 $56.35 $895.00 $83.13 $41.57 18 1 8252 $320.00 $28.83 $91.75 $60.12 $895.00 $88.70 $44.35 19 8252 $320.00 $28.83 $91.75 $60.12 $895.00 $88.70 $44.35 20 7728 $320.00 $27.00 $85.93 $56.30 $895.00 $83.07 $41.53 21 7817 $320.00 $27.31 $86.94 $56.96 $895.00 $84.02 $42.01 22 12969 $470.00 $45.31 $144.18 $94.48 $895.00 $139.40 $69.70 23 9760 $320.00 $34.10 $108.51 $71.10 $895.00 $104.91 $52.45 24 13148 $470.00 $45.93 $146.19 $95.79 $895.00 $141.33 $70.66 25 7977 $320.00 $27.87 $88.72 $58.13 $895.00 $85.74 $42.87 26 7728 $320.00 $27.00 $85.93 $56.30 $895.00 $83.07 $41.53 27 8252 $320.00 $28.83 $91.75 $60.12 $895.00 $88.70 $44.35 28 8252 $320.00 $28.83 $91.75 $60.12 $895.00 $88.70 $44.35 29 7728 $320.00 $27.00 $85.93 $56.30 $895.00 $83.07 $41.53 30 7859 $320.00 $27.45 $87.37 $57.25 $895.00 $84.48 $42.24 31 1 12969 1 $470.00 1 $45.31 1 $144.18 1 $94.48 1 $895.00 $139.40 1 $69.70 document: \q\print\p4903 08-Jul-02 //� EXHIBIT "B" - PRORATED FEE OBLIGATIONS T-4903 Sewer, Water & UGM Fees DUE-DEFERRED BY COVENANT Water Water Water Water TGM Water 1994 Sewer Sewer Lot Lot Meter Frontage T.G.M. Bond Debt Bond Debt Lateral Oversize No. Area Amount Amount Amount Amount Amount Amount Amount Due Due Due Due Due Due Due 32 9761 $320.00 $34.10 $108.50 $71.10 $895.00 $104.92 $52.46 33 13178 $470.00 $46.04 $146.53 $96.01 $895.00 $141.65 $70.82 34 7442 $320.00 $26.00 $82.73 $54.21 $895.00 $79.99 $40.00 35 7725 $320.00 $26.99 $85.89 $56.28 $895.00 $83.04 $41.52 36 7735 $320.00 $27.02 $86.00 $56.35 $895.00 $83.14 $41.57 37 7735 $320.00 $27.02 $86.00 $56.35 $895.00 $83.14 $41.57 38 8277 $320.00 $28.91 $92.06 $60.31 $895.00 $88.97 $44.48 39 8258 $320.00 $28.85 $91.83 $60.17 $895.00 $88.76 $44.38 40 13287 $470.00 $46.42 $147.76 $96.81 $895.00 $142.82 $71.41 41 12116 $320.00 $42.33 $134.69 $88.26 $895.00 $130.23 $65.12 42 9301 $320.00 $32.49 $103.44 $67.77 $895.00 $99.98 $49.99 43 9077 $320.00 $31.71 $100.90 $66.12 $895.00 $97.57 $48.78 44 10778 $320.00 $37.65 $119.82 $78.51 $895.00 $115.85 $57.93 45 10620 $320.00 $37.10 $118.08 $77.37 $895.00 $114.15 $57.08 46 10620 $320.00 $37.10 $118.08 $77.37 $895.00 $114.15 $57.08 47 10779 $320.00 $37.66 $119.87 $78.54 $895.00 $115.86 $57.93 48 9077 $320.00 $31.71 $100.90 $66.12 $895.00 $97.57 $48.78 49 9078 $320.00 $31.71 $100.95 $66.14 $895.00 $97.58 $48.79 50 10778 $320.00 $37.65 $119.82 $78.51 $895.00 $115.85 $57.93 51 10620 $320.00 $37.10 $118.08 $77.37 $895.00 $114.15 $57.08 52 10620 $320.00 $37.10 $118.08 $77.37 $895.00 $114.15 $57.08 53 10779 $320.00 $37.66 $119.87 $78.54 $895.00 $115.86 $57.93 54 9077 $320.00 $31.71 $100.90 $66.12 $895.00 $97.57 $48.78 55 9078 $320.00 $31.71 $100.95 $66.14 $895.00 $97.58 $48.79 56 10779 $320.00 $37.66 $119.87 $78.54 $895.00 $115.86 $57.93 57 1 10620 $320.00 $37.10 $118.08 $77.37 $895.00 $114.15 $57.08 58 10793 $320.00 $37.70 $120.01 $78.63 $895.00 $116.01 $58.01 59 12652 $470.00 $44.20 $140.66 1 $92.17 1 $895.00 $136.00 $68.00 60 8374 $320.00 1 $29.25 1 $93.13 $61.02 $895.00 1 $90.01 $45.01 document: \q\print\p4903 08-Jul-02 (� EXHIBIT "B" - PRORATED FEE OBLIGATIONS Fire Neighborhood Major Major Traffic Lot Station Park Street Bridge Signal No. Amount Amount Amount Amount Amount Due Due Due Due Due 1 $370.04 $450.55 $648.00 $12.96 $222.91 2 $370.60 $451.23 $649.00 $12.98 $223.26 3 $484.00 $589.30 $847.50 $16.95 $291.54 4 $703.16 $856.15 $1,231.25 $24.63 $423.55 5 $502.46 $611.78 $879.75 $17.60 $302.63 6 $423.06 $515.11 $740.75 $14.81 $254.82 7 $332.01 $404.25 $581.25 $11.63 $199.95 8 $329.51 $401.21 $577.00 $11.54 $198.49 9 $345.06 $420.13 $604.25 $12.09 $207.86 10 $343.39 $418.11 $601.25 $12.03 $206.83 11 $327.01 $398.16 $572.75 $11.46 $197.03 12 $344.78 $419.80 $603.75 $12.08 $207.69 13 $680.26 $828.27 $1,191.00 $23.82 $409.70 14 $406.13 $494.49 $711.25 $14.22 $244.67 15 $569.91 $693.91 $998.00 $19.96 $343.31 16 $348.11 $423.85 $609.50 $12.19 $209.67 17 $321.88 $391.91 $563.50 $11.27 $193.84 18 $343.39 $418.11 $601.25 $12.03 $206.83 19 $343.39 $418.11 $601.25 $12.03 $206.83 20 1 $321.60 $391.57 $563.00 $11.26 $193.67 21 1 $325.35 $396.14 $569.50 $11.39 $195.91 22 $539.65 $657.07 $945.00 $18.90 $325.08 23 $406.13 $494.49 $711.25 $14.22 $244.67 24 $547.15 $666.20 $958.00 $19.16 $329.55 25 $332.01 $404.25 $581.25 $11.63 $199.95 26 $321.60 $391.57 $563.00 $11.26 $193.67 27 $343.39 $418.11 $601.25 $12.03 $206.83 28 $343.39 $418.11 $601.25 $12.03 $206.83 29 $321.60 $391.57 $563.00 $11.26 $193.67 30 $327.01 $398.16 $572.75 $11.46 $197.03 31 1 $539.65 $657.07 $945.00 $18.90 $325.08 document: \q\print\p4903 08-Jul-02 Q EXHIBIT "B" - PRORATED FEE OBLIGATIONS Fire Neighborhood Major Major Traffic Lot Station Park Street Bridge Signal No. Amount Amount Amount Amount Amount Due Due Due Due Due 32 $406.13 $494.49 $711.25 $14.22 $244.67 33 $548.40 $667.72 $960.25 $19.21 $330.33 34 $309.66 $377.04 $542.25 $10.85 $186.53 35 $321.46 $391.40 $563.00 $11.26 $193.67 36 $321.88 $391.91 $563.50 $11.27 $193.84 37 $321.88 $391.91 $563.50 $11.27 $193.84 38 $344.50 $419.46 $603.00 $12.06 $207.43 39 $343.67 $418.44 $601.75 $12.04 $207.00 40 $552.98 $673.30 $968.25 $19.37 $333.08 41 $504.12 $613.81 $882.75 $17.66 $303.67 42 $387.11 $471.34 $677.75 $13.55 $233.15 43 $377.67 $459.85 $661.50 $13.23 $227.56 44 $448.46 $546.04 $785.25 $15.71 $270.13 45 $441.94 $538.10 $773.75 $15.48 $266.17 46 $441.94 $538.10 $773.75 $15.48 $266.17 47 $448.60 $546.21 $785.50 $15.71 $270.21 48 $377.67 $459.85 $661.50 $13.23 $227.56 49 $377.81 $460.02 $661.50 $13.23 $227.56 50 $448.46 $546.04 $785.25 $15.71 $270.13 51 $441.94 $538.10 $773.75 $15.48 $266.17 52 $441.94 $538.10 $773.75 $15.48 $266.17 53 $448.60 $546.21 $785.50 $15.71 $270.21 54 $377.67 $459.85 $661.50 $13.23 $227.56 55 $377.81 $460.02 $661.50 $13.23 $227.56 56 $448.60 $546.21 $785.50 $15.71 $270.21 57 $441.94 $538.10 $773.75 $15.48 $266.17 58 $449.16 $546.88 $786.50 $15.73 $270.56 59 $526.47 $641.02 $922.00 $18.44 $317.17 60 $348.53 $424.36 1 $610.25 1 $12.21 $209.93 document: \q\print\p4903 08-Jul-02 EXHIBIT A Subdivision Agreement for Tract 4903 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $80,768 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $67,989 Street Construction Cost Estimate $367,139 Final Cost Estimate(for Inspection Fee purposes) r- $515,896 178 Landmarks, Monuments, Lot& Block Corners($50/ea) $8,900 Sub-Total(for bonding purposes) $524,796 Construction Contingency (10%) $52,480 TOTAL COST ESTIMATE* (for improvement securities purposes) $577,276 $577,000 *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 $548,000 5%of amount shall be in cash or a Certificate of Deposit $29,000 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 $288,500 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans(Sewer.Water, Storm Water) $0 Street Light Plans $0 Landscaping/Irrigation/Walls $1,000 100%of amount shall be in cash or a Certificate of Deposit 1 $1,000 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 $400 Minimum amount $9,400 EXHIBIT A v4/28/00 Prepared By: Rick Date:07/06/02 Print Date:07/08/02 10:10:02 AM Page 1 of 1