HomeMy WebLinkAboutT-4931 - Agreement/Covenant - 8/15/2006 r
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SUBDIVISION AGREEMENT
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City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4931
Phase I of Vesting Tentative Tract No. 4931/UGM
P.W. File No. 10240
THIS AGREEMENT is made this 2-I* day of -Aw44Z
V
2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Westcal,Inc.,a California Corporation, P.O. Box 5178, Fresno,California
93755-5178, hereinafter designated and called the "Subdivider," without regard for number or
Gender.
Subdivision Agreement
Tract No. 4931/UGM
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. 4931/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. 4931/UGM
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 corner 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 111, 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
Subdivision Agreement
Tract No. 4931/UGM
Page 4
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 comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
Subdivision Agreement
Tract No. 4931/UGM
Page 5
complete underground street light system as approved by the Traffic Engineer prior to final
acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires
shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or
modifications which may be adopted by Council prior to the actual installation of the lights
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with City Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance 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.
L 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 East Nees Avenue frontage of the subdivision.
The Owner has executed a covenant with the City of Fresno guaranteeing maintenance
of the required landscaping until such time as a Maintenance District has been formed to
provide for continued care and maintenance of the required landscaping. The Owner also
agrees to sign a petition asking the Council to include this Tract in the existing District.
The Owner also agrees to sign a petition asking the Council to include this final map in the.
existing landscape district. Additionally, the Subdivider is required to provide the City of
Fresno with copies of signed acknowledgments (see Exhibit"C) from each purchaser of
a lot within the subdivision, attesting to the purchasers understanding that the lotwill have
Subdivision Agreement
Tract No. 4931/UGM
Page 6
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 the Design Services, cto 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, and 60, inclusive along East Nees Avenue as required
by Section 12-105-W-2 and Section 12-306-N-19, Fresno Municipal Code.
k. Perform and construct all work shown on the following referenced plans
[City Drawing Nos: 10-C-7854 through 10-C-7856 with Water Job No. 4767 (3 sheets)
inclusive, 15-C-10354 through 15-C-10358](5 sheets) inclusive, Drawing No. 4-C-575 (1
sheets) inclusive, unless specifically omitted herein. Install and complete all other street
improvements required by Section 12-1012 of the Fresno Municipal Code in accordance
with the City of Fresno standard Specifications and the construction plans.
I. The Subdivider has paid to the City the sum of One Hundred Thousand
Five Hundred Twenty-three and 26/100 Dollars ($ 100,523.26) 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."
M. In connection with assigning figures set forth in Exhibit "B," the City has
made its best faith efforts at predicting the amounts to be credited as reimbursements for
improvements that will benefit other properties. Because the subject improvements have
not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to 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
Subdivision Agreement
Tract No. 4931/UGM
Page 7
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 Three Hundred Eighty-seven Thousand
and 00/100 Dollars ($ 387,000.00), which is equal to 100% of the total estimated cost of
the work required. Five percent(5%) of said amount, Nineteen Thousand Four Hundred
and 00/100 ($ 19,400.00), shall be cash or a Certificate of Deposit; the remaining 95%,
Three Hundred Sixty-seven Thousand Seven Hundred and 00/100 Dollars ($367,700.00)
shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon
the faithful performance of this Agreement; and
b. Payment security in the sum of One Hundred Ninety-three Thousand Five
Hundred and 00/100 Dollars($ 193,500.00), 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 Landscaping/Irrigation and Wall Improvement - One Thousand One Hundred and
00/100 Dollars ($ 1,100.00)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.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
Subdivision Agreement
Tract No. 4931/UGM
Page 8
6. On acceptance of the required work, warranty security shall be furnished to or
retained by the City, in the amount of Eight Thousand and 00/100 Dollars ($ 8,000.00), 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
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
Subdivision Agreement
Tract No. 4931/UGM
Page 9
work. The Subdivider further agrees that the use for any purpose and by any person of any and
all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk
of the Subdivider at all times prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California,with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to.
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
Subdivision Agreement
Tract No. 4931/UGM
Page 10
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.
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
Subdivision Agreement
Tract No. 4931/UGM
Page 11
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
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
Subdivision Agreement
Tract No. 4931/UGM
Page 12
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. 4931/UGM
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
WESTCAL, INC.
DIRECTOR A California Corporation
PUBLIC WORKS DEPARTMENT
By: 0r/Y LIZ I
Newk I. vi)lliaw,son, E.
By:
ATTEST: Jerry 4kou President
REBECCA E. KLISCH
CITY CLERK
By: I LA-LJY
eput By:
fn A. Bonadelle, Vice President
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
DATE:JULY 5,
STATE OF CALIFORNIA,
} S.S.
COUNTY OF Fresno
On July 21, 2000 before me, Anna M. Rema
a Notary Public in and for said County and State, personally
appeared Jerry A. DeYoung and John A. Bonadelle
personally known to me ( FOR NOTARY SEAL OR STAMP
t ) to be
the person(s) whose name(s) islare subscribed to
the within instrument and.acknowledged to me that
he/she/they executed the same in /their
authorized capacity(ies), and that by r/their ANNA M. RENNA
signature(s) on the instrument the person(s), or Q g COMM.I1231165
T NOTARY PUBLIC-CALIFORNIA 133
the entity upon behalf of which the person(s) m =® '$ PRINCIPAL OFFICE IN 9
FRESNO COUNTY ..
acted, executed the instrument. „W,,, My Commission Exp.Aug.30,2003
WITNESS m h nd d icial al.
Signatu
STATE OF CALIFORNIA,
COUNTY OF
On , before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TE 180 Legal(2-94)
This form is furnished by Chicago Title Company
EXHIBIT A Subdivision Agreement for Tract No. 4931/UGM
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
...................................................................
...................................................................
..................................................................
Water System Construction Cost Estimate s$63`565(1.
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $61,51;;5';,
...
Street Construction Cost Estimate $ 1 531
Final Cost Estimate (for Inspection Fee purposes) $344 611
Landmarks, Monuments, Lot& Block Corners($50/ea) $7,550
Sub-Total (for bonding purposes) $352,161
Construction Contingency(10%) $35,216
TOTAL COST ESTIMATE"
(for improvement securities purposes) 3871377 $387,000
'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 $367,700
5% of amount shall be in cash or a Certificate of Deposit $19,400
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 $193,500
Faithful Peformance Security to Guarantee Completion of Plans
....................................
...................................................................
Street Plans O.:i:
Utility Plans(Sewer.Water, Storm Water) $0
................_._............
Street Light Plans $0
Landscaping/Irrigation/Walls $1 106
100% of amount shall be in cash or a Certificate of Deposit $1,100
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 $3,000
0.5% of amount over$500,000 $0
Minimum amount $8,000
EXHIBIT A v4/28/00 Prepared By:Louis Rocha Date:06/30/2000 Print Date:07/07/00 9:55:02 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
Final Cost Estimate 410K na
(7%;$300 minimum fee)
Final Cost Estimate>$10K 5$500K 14084.44
($700+4%of amount over$110K)
Final Cost Estimate over$500K na
($20,000+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 5'303.00.::
Less Inspection Fen paid with Early Street
Construction Agreement StYOfI
Inspection Foe $8,781.44 S8 781.44
2.MONUMENT CHECK FEE
Lots and Outlots Q 30.00 per Lot 1 $1,&)0.001
(Min$200)
3.STREET SIGNS
Street Name Sign soft Q 173.00 per W na n7a
WaminglRegulatory signs $77.00 sign na n]a
4. STREET TREES
City installed(5-gallon)Street Trees $102.00 per Tree na na
Inspection Foe(when planted by subdivider) Q 28.00 per Tree na n]a
Trees by Covenant(Resolution 88-129;2 trees/Lot fronting 50'streets)
5.SEWER TRENCH WATER COMPACTION CHARGE
Cubic yards Q 0.121 per CY
(AS)Charge paid with Early Construction Agreement
6.WATER CONSTRUCTION CHARGE
Loft $1.25 per Lot $79.0-01
7. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(fX6)
Lum Sum Charge as established by Public Works Director :na]
8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
O60Lots(anticipated maintenance cost) per Lot 1560.00
Lots(incidental expenses:legal177777=1
par Lot
publications,mailings.engineering, ..... .......
60 assessment district proceedings min) i1 500.00
Lum Sum Landscape area Field Inspection Foe-Parks Q 293.00 LS 1 $293.00
Total 3 353.00 $3,353§0
Estimated assessment per Lot(information only)
9. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet 5.00 perLFn7a]
TOTAL MISCELLANEOUS FEES&CHARGES
EXHIBIT B V4/28= Pmpared By.Rick L.SommeMlle&Louis Rocha Printed 07/08= 8:44:29 AM Page 1 Of 6
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
..............................
13:21:17:: Gross Acres
0(f00`Net Acres
i 12;g5+IS!Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
igQs Units(residentiao
D LUE(non-residential)
.............
::R Zoning
[ ff':`` tri Input'ugm'if within the Urban Growth Management Area or*no'
1. LOCAL DRAINAGE FEES
C = FMFCD Drainage Area
2122 Acres per FMFCD
per Acre 329199.00
FMFCD Drainage Area
�Qf?It'Acros per FMFCD _. 4:. { iiiiiii:3A. per Acre 0
Local Drainage Fee 1 $29APM,
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: €€::::::s::::::::::::::::::::s::::::::'::::'::::::::::::;:€:::::::::: ::_;:::::::::::::::s:
Frontage: SF
SF Frontage:
CC
Total Square Feet t..�J"F
—�SF; sub-total Lateral Sewer Charge 30.10 per SF 30.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
UGM Reimbursement Area
Frontage: Most Nees!Avenue ....: .. 22 SOOT SF
From . SF
tape:
SF
Frontage. s
t).
Total Square Feet F
27500 SF;sub total Oversize Sewer Charge 0.05 per SF i1 375.00
Less estimated Oversize Credits
Less estimated Overdepth Credits 0:00
Oversize Sewer Charge 1 $1,375.00301001.• 1 75.00i'.
(c Trunk Sewer Charge
3emilon Trunk Sewer Service Area
60 Units per Unit 1 $29,760-00-1
(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)
EXFHBIT 8 v4/28A0 Prepared By.Rick L.Sommerville 8 Louis Rocha Printed 07108A0 8:44:29 AM Pape 2 d 8
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(eMMOUnIts
ty Enhancement Charge
unk Sewer Service Area
ii=i: O.00.ii per Unit na nal
3. WATER CONNECTION CHARGES
(a Time S Material Charges("Wet-Tie")
20000501: Estimate Number
4267 Water Job Number
Estimated Degos@(FMC 14-1114) (83)
(83) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
1'Meters to existing services .
.... .... g 5320.00 each $19 200.00 50.00` 19 00
Meters to existing services 5470.00 each $0.00 11 40. 0All
0 r Meters to existing services 5620.00 each 50.00 Soi00
0 1'Services(S735)6 Meters($195) $930.00 each $0.00 ::::::50:00:! ';OOOe
1-1/r Services($880)3 Meters($340) 1 220.00 each $0.00 $O:OOf 30:D0
.` '. :'0 r Services(51.010)3 Meters(5411) 1,421.00 each $0.00 0.00::
(b2 Landsca Service Connection Charges
t 1'Meters to existirp services $320.00 leach $320.00 5320 o0i
..............0 1-11r Meters to existing services 1 $470.00 each 50.00 $000!
i€0 r Meters to existing services $620.00 each 50.00 s;;;so100:
0 1-Services($735)6 Meters(5195) 5930.00 each
UH� 0l1-112'services(5880)3 Meters(534)) Q $1.220.00 leach $0.00 SO t)D`
.........::...
0 r services($1.010)3 Meters($411) $1,421 each So.00 U 00'
(c)Frontage Char e
Frontage: a W» W ::: : °D.LF
Frontage: 0` LF
Frontage:
0!.LF
Sub-Total Lineal Feet(%rate) �0 F
�0 LF; sub4otal Frontage Charge(S4 rate) 53.25 per LF na
Frontage: .
0..LF
Frontage:
iss444:{'::':': : :
LFisil4±::::::{{{ ::4
:: : :::::::::::
Frontage: ::::::::::::::::::::::::::::::::::::::s::::::::::::::::::::::::::::::::: Ally
Sub-Total Lineal Feet(full rate) I==LF
LF. sub4otal Frontage Charge(full rate) 6.50 pet LF na
Sub-Total Frontage Charge 0.00
Less estimated Frontage Charge Credits 50:00:
Frontage Charge 0.00 50:00!• 50100
(d)Fire Hydrant Charge
4569091: SF;residential zoning 50.75 per 100 SF 3'414182
.
SF,non-residential zoning Q 11.25 per 100 SF '..:;:1:::::::11:1.1.:;-.iiiii..na
EXHIBIT B v4/28A00 Prepared BY Rick L.Sommerville 8 Louis Rocha Printed 07A)6/00 8:44:28 AM Page 3 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(a Transmisslon Orld Main Charge
UGM Reimbursement Area
13.2117 Gross Acres per Gr Acre =7 398.55
0.0000 Not Acres 700.00 per Not Ac na
Lou Esdmat*dTGM Construction Credits
Transmission Grid Main Charge 1 $7,398.55
(f)Transmission Grid Main Bond Debt Service Charge
13.2117 Gross Acres per Gr Acre i3 210.44
0.0000 Not Acres 5304.00 per Not Ac
Less Esdnmd*dTGM Bond Debt Service Charge Credits OiOC
Transmission Grid Main Bond Debt Service Charge 1 $3
(a)UGM Water Supply Fee
Supply Well Service Area
60 1 Living Units(reskientiaQ per Unit r $23 82 00 0-1
Living Unk Equivalents(LUE);non-residential per Unit 0.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 1423.820,0-01
(h Well Head TrFe
101:Well Head Treatment Service Area
60 Living Units(residentiaQ per Unit 50.00
Living Unit Equivalents(LUE);non-residential X00 per Unit 50.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee
(1)Recharue Fee
101 Recharge Service Area
60 Living Units(residential) per Unit 50.00
Living Unit Equivalents(LUE);non-residential per Unit 0.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee 1 $0,001
0)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
601 Living Units(residential) per Unit S53 700.00
Living Unit Equivalents(LUE);non-residential per Unit
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $53,700.Wl50;00 353'700:00::
EXHIBIT B Y4/28100 Prepared By.Rick LSornmerville&Louis Roche Printed 07AXVW 8:44:29 AM Page 4 of 8
t
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UGM FIRE STATION FEE
'E3 Fire Station Service Area
13.2117 1 Gross Acres ::::::111'1251':00:.per Gr Acre 3 318.14 L .SQ "�• 1 c. :.ii
(b UGL M NEKiHBORHOOD PARK FEE
�::: :::::4 Neighborhood Park Service Area
13.2117 Gross Acres 1:102.00!,per Gr Acre 114 559.29
(c UGM MAJOR STREET CHARGE
A Major street Zorw
12.8645 Adjusted Gross Acres 'S2i 500;OQ' per AG Ac 132161.25
Less Estimated Major Street Charge Construction Credits 185'567:37::
A.D.$138
Major Street Charge €1Q:001' SOOQi
(di UGM MAJOR STREET BRIDGE CHARGE
A Major Street Bridge Zone
12.8645 Adjusted Gross Acres iiiiiiii 2000: per AG Ac 257 29
Less Estimated Major Street Bridge Charge Construction Credits =ii!I Q;00i
Major Street Bridge Charge
(e)UGM TRAFFIC SIGNAL CHARGE
12.8645 Adjusted Gross Acres 'silE€ E 860.00.: per AG Ac 111 063.47
Less Estimated Traffic Signal Charge Construction Credits 12t3 9:1;3;20;;
A.D.$138
Traffic Signal Charge [--($17.&49.73)1 10100!• _ 10:0Q1
(q UGM GRA SEPARATION CHARGE
Grade Separation Service Area
12.8645 Adjusted Gross Acres
� i1€1€€11€300Q.per AG Ac
Less Estimated Grade Separation Charge Construction Credits F77777VW1
Grade Separation Charge 1 1Q
MAT-0RADE RAILROAD CROSSING FEE
J111 At Grade RRXing Service Area
12.8645 Adjusted Gross Acres i51:80:a0.'. per AG Ac 52,315.61
A D At�rade RRXfng Service Area
12.8645 1 Adjusted Gross Acres '!":S23Cx00 per AG Ac 3 038.02
At�rade RRXing Service Area
12.8645 1 Adjusted Gross Acres ii:: 0:00: per AG Ac na
Less Estimated At-Grade RRXfng Charge Construction Credits piOQ'
At-Grade RRAng Fee 1 $5,351.63 :' ':i 0:00''.• 15'351L83`
(h UOK SEWER FEE
Trunk Sewer Service Area
12.8645 Adjusted Gross Acres 0:00: :::.per AG Ac
Less Trunk Sewer Fee Credits aEE" " i i QOOf1
Trunk Sewer Fee $0.00
EXHIBIT B vU28100 Prepared By.Rick L.SomnwAlle 8 Louis Rocha Printed 07/08100 8:44:29 AM Pape 5 of 6
EXHIBIT B Subdivision Agreement for Tract No. 4931/UGM
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
(1)OVERLAY SEWER SERVICE AREA
Millbrook Overlay Sewles Area
12.8645 IAdjusted Gross Acres 000. per AG Ac r
Total Impact Fees A Charges
Now: EXTENSION total Includes not results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES
TOTAL(8) IMPACT FEES&CHARGES
ITOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash)
EXHIBIT 6 v4/26M Prepared By.Rick L.Sommerwille&Louis Roche Printed 07108V00 8:44:29 AM Page 8 of 8
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and
hereby acknowledge and understand that the property Me have purchased lot(s)
of Tract No. 4931 UGM, is subject to an annual assessment currently
estimated at$_!j0.00.
The annual assessment represents my/our fair share of the costs for maintenance of
the landscaped easements maintained by the City within Tract No. 4931/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
174931 SubdvWon Agieementwpd (July 5,2000)
EXHIBIT IVY