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HomeMy WebLinkAboutT-4944 - Agreement/Covenant - 8/15/2006 (2a-m stat!TD, CITY OF FRESNO 1 DEVELOPMENT DEPARTMENT 2500 FRESNO STREET FRESINO CA 93121-3604 11/01/2009,29990134434 PLEASE CONFORM # I' .. .j �:x .:' (111 NUNN>__� I. Ir{;' li'I i ss , 11Rs£SPACfA,I 0 i (�Aip 'S f USS# SUBDIVISION AGREEMENT City of rntm.---W;W.aV..• PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 4944 Phase II of Vesting Tentative Map of Tract No. 4384/UGM 511 P.W. File No. 10233 THIS AGREEMENT is made this 12'1-'� day of ©c� i- 2000, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and Rexford Properties,LLC,a Limited Liability Company,901A North Pacific Coast Highway, Suite 200, Redondo, Beach,California 90277,hereinafter designated and called the "Subdivider,"without regard for number or Gender. ri t t Subdivision Agreement Tract No. 4944 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. 4844/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. ti Subdivision Agreement Tract No. 4944 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. 4944," 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 occupancy permits by the City for dwellings located within said subdivision Subdivision Agreement Tract No. 4944 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 Subdividers 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. 4944 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. i. A condition of approval of Vesting Tentative Map No. 4384, is the responsibility to maintain the landscaping within the10-feet wide landscape easements required along the rear and side property lines of all lots along West Barstow Avenue. All final map phases of Vesting Tentative Map No.4384 are required to annex to the City's landscape maintenance district and be assessed its fair share of the maintenance cost for such landscape easements whether or not such easements are within a final map phase. The final map of Tract No. 4384 (Phase 1 of Vesting Tentative Map No. 4384) was annexed into the City's Community Facilities District No. 2 (CFD-2) to satisfy a portion of the tentative map landscape maintenance requirement. Future final map phases of Vesting Tentative Map No. 4384 will complete the required landscaping as well as annexing into CFD-2 and be assessed its fair share of the maintenance cost for such Subdivision Agreement Tract No. 4944 Page 6 landscape easements. The Owner has executed a covenant with the City of Fresno accepting the 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 purchasers understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. The signed acknowledgments shall be sent to 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 along the rear property line of propose Lots 1 through 9 to mitigate any traffic noise from State Highway 99. Should the Subdivider be able to demonstrate by an addendum to the acoustical analysis prepared for tentative map Tract 4384 by Brown- Buntin Associations, Inc.dated December 30, 1992,that noise levels for the entire site are below 60 dBA CNEL then said masonry wall will not be required. k. Perform and construct all work shown on the following referenced plans [City Drawing Nos: 10-C-7845 through 10C-7849 with Water Job No. 4748 (5.sheets) inclusive, 15-C-1 0331 through 15-C-10335](12 sheets)inclusive, Drawing No.4-C-566(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 Seventy-two Thousand Six Hundred Eighty-eight and 56/100 Dollars ($ 172,688.56) 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 Subdividers submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate Subdivision Agreement Tract No. 4944 Page 7 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. Subdivider has paid to the City of Fresno, in accordance with Article 13, Chapter 13 of the Fresno Municipal Code,the required fee to defray the costs of constructing planned local drainage facilities for the removal of surface and storm waters from the subdivision. a. The Subdivider allocates an adjacent parcel off-site for use as temporary facilities to alleviate the flooding and drainage problem anticipated to be caused by this subdivision and its improvements until such time as the City, through its Public Works Director, releases in writing such parcel from such use. The Subdivider shall improve and maintain such facilities pursuant to City approved construction plans and, upon completion of such improvements, the City is permitted to enter such parcel for the purpose of inspecting such facilities until such written release is issued. The Subdivider shall not commence any backfilling operation of the temporary,facilities unless the Public Works Director so authorizes in writing. The Subdivider agrees that the City may deny issuance of any building permit relating to such lot(s) until the City issues its written release. No written release shall be issued unless the City Engineer is satisfied that all temporary facilities have been backfilled and compacted properly and all temporary drainage structures,such as inlets, outlets, pipes, and similar structures, have been plugged, removed, and disposed of in accordance with the Standard Specifications of the City. 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 Subdivision Agreement Tract No. 4944 Page 8 for said work on file in the Office of the City Engineer of the City and the Standard Specifications of the City,which said plans and specifications and standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of.said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. 5. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City: a. Performance security in the sum of Five Hundred Eighty-six Thousand and 00/100 Dollars ($ 586,000.00), which is equal to 100% of the total estimated cost of the work required. Five percent(5%) of said amount, Twenty-nine Thousand Three Hundred and 00/100 ($ 29,300.00), shall be cash or a Certificate of Deposit; the remaining 95%, Five Hundred Fifty-six Thousand Seven Hundred and 00/100 Dollars ($556,700.00)shall be in the form of a bond or irrevocable instrument of credit; all to be conditioned upon the faithful performance of this Agreement; and b. Payment security in the sum of Two Hundred Ninety-three Thousand and 00/100 Dollars ($ 293,000.00), which is equal to 50% of the total estimated cost of the work required to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Bonds shall be by one or more duly authorized corporate sureties subject to the approval of the City and on forms furnished by the City. C. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. 6. On acceptance of the required work, warranty security shall be furnished to or Subdivision Agreement Tract No. 4944 Page 9 retained by the City, in the amount of Nine Thousand Four Hundred and 00/100 Dollars ($ 9,400.00), 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 partthereof. 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 Subdivider's 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 Subdivision Agreement Tract No. 4944 Page 10 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 contractedxo 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 directly to the Subdivider or his agent. Subdivision Agreement Tract No. 4944 Page 11 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 and without the subdivision on which work is required to be done under this Agreement from the Subdivision Agreement Tract No. 4944 Page 12 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 these operations. Subdivision Agreement Tract No. 4944 Page 13 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. 0 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation REXFORD PROPERTIES, LLC MARK I. -WILLIAMSON,_ PE, DIRECTOR A Limited Liability Company PUBLIC WORKS DEPARTMENT By, j� �l.(J • By. 'fRichard K. Ehrlich, President ATTEST: REBECCA E. KLISCH CITY CLERK By: Deputy (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MO City Attorney i By: Deputy DATE:JUNE CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF CALIFORNIA ) CITY OF FRESNOQOO ) On October 23rd,beio eme, CECILIA LOPEZ , DEPUTY personallyappeared [NARK T- WTT.T.TAM.SnN, prtUTO WK. DTRP.r•TM _, known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)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),or the entity upon behalf of the City of Fresno of which the person(s) acted,executed the instrument. WITNESS my hand and official City Seal. REBECCA E. KLISCH CITY CLERK BY: Deputy STATE OF CALIFORNIA } COUNTY OF ) SS. �� } On_\� Z7, &M , before me, � personally appeared personally known to me (or proved to be 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 executedp LEkMAN efll OPr1. the same in his/her/their authorized capacity(ies),and that by_.his/her/their ,r` °°"°","em COMM.#1181589 signature(s) on the instrument the person(s) or the entity upon behalf of CC ® 'm NOTARY PUBLIC-CALIFORNIA W M g PRINCIPAL OFFICE IN M which the person(s) acted, executed the Instrument. mFRESNO COUNTY y My Commission Exp.May 26,2002 WITNESS my hand and official seal. Signature (This area for official notarial seal) Y EXHIBIT A Subdivision Agreement for Tract No. 4944, Phase II of T.Tr.4384 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES .................................................................. .................................................................. .................................................................. Water System Construction Cost Estimate Well Construction Cost Estimate _....___.. ................................................................... .................................................................. Sewer System Construction Cost Estimate $3B'665 Street Construction Cost Estimate X412 Final Cost Estimate (for Inspection Fee purposes) $522 482 " 212 Landmarks, Monuments, Lot & Block Comers($50/ea) $10,600 Sub-Total (for bonding purposes) $533,082 Construction Contingency(10%) $53 308 TOTAL COST ESTIMATE" (for improvement securities purposes) i861390 $586,000 "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 $556,700 5% of amount shall be in cash or a Certificate of Deposit $29,300 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 $293,000 Faithful Peformance Security to Guarantee Completion of Plans ............. ........ __ ...... ......................................................._....._... Street Plans Utility Plans(Sewer.Water, Storm Water) $0 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit $0 C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next $50,000 $2,000 1% of next$400,000 $4,000 0.5% of amount over$500,000 $400 Minimum amount $9 400 EXHIBIT A W28/00 Prepared By,.Louis Rocha Date:=15Y2000 Print Date:06!23!00 4:57:18 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase II of T.Tr.4384 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE Final Cast Estimate 41 OK 0 (7%;$300 minimum fee) Final Cast Estimate>$10K<$500K 21 199.28 ($700+4%of amount over$10K) Final Cost Estimate over$500K na ($20,000+2.5%of amount over$500K) Less Inspection Fees paid with Early 177777777771 Sewer/Water Construction Agreement 0;00 Less Inspection Fees paid with Early Street Construction Agreement :!)0 Inspection Fes $21.199.28 $21 199.28 2. MONUMENT CHECK FEE Lob and Outiob 530.00 per Lot $2,520.001 (Min$200) 3.STREET SIGNS Street Name Sign sets 173.00 per set S1 211.00 $1,211.001 Warning/Regulatory signs 577.00 sign $693.00 $693.00 4.STREET TREES €" City installed(5-gallon)Street Trees $102.00 per Tree na 0 Inspection Fee(when planted by subdivider) 28.00 per Tree �na Trees by Covenant(Resolution 98-129;2 treesA-ot fronting 50'streets) S. SEWER TRENCH WATER COMPACTION CHARGE f 388 Cubic yards 0.121 per CY 1 6.WATER CONSTRUCTION CHARGE ®Lots 51.25 par Lot 105. 7.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(fx6) Lum Sum Charge as established by Public Works Director €! ! iii na' nal 8.LANDSCAPE MAINTENANCE DISTRICT FEES(CFO 2) 84 Lots(anticipated maintenance cost) Lot 50.00 Lob pneidental expenses:legal fees, ' per Lot assessment district 9. s r:c:. :tl li mnnj� 52100.00 Lum Sum Landscape area Field Inspection Fee-Parks 293.00 LS $293.00 Total S2 393.00 $2.393.001 Estimated assessment per Lot(information only) 6. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet per LF na na ?3F"�' 3 j>j9>.:�:?;• TOTAL MISCELLANEOUS FEES 6 CHARGES "W<'' 77. 77 EXHIBIT 8 v4/28W Prepared By.Louis Rocha and Rick Sommerville 05/162000 Printed 0523100 1:06:19 PM Paye 1 of e EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase 11 of T.Tr.4384 AMOUNT EXTENSION NET AMOUNT OUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 16.;728311 Gross Acres Not Acres 18$7283!!Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets Units(residential) f? LUE(non-residential) R-S Zoning u m InPut'ugm'N within the Urban Growth Management Area or'rW 1. LOCAL DRAINAGE FEES FMFCD pe Area 36,_Acres perr FMF FMFCD 1@ :ii....:..:;i5 Z701'per Acre 96 518.00 FMFCD Drainage Area Acres per FMFCD 1@ SO! per Acre na Local Drainage Fee $96.5 .i 98'_18:OOf `. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: ::::;:::0:: .SF Frontage: SF Total Square Feet [ sF 0 SF; sub-total Lateral Sewer Charge $0.10 per SF 50.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge 0000 Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge .. ......... f UGM Reimbursement Area Frontage i .0.SF Frontage ;:. 0 SF Frontage: ........... D'-SF Total Square Feet F SF;sub-total Oversize Sewer Charge =0.05 per SF 0.00 Lass estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge $0.001 ; aii:ii OOOI $0'.00':! (c)Trunk Sewer Charge i:r:'::Gianttand Trunk Sower Service Area 84 1 Units 401"!f$ 9 9 00:!f ``per Unit $35,196.001 (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) DWBBrr 8 v4raM Prepared BY Louis Rocha and Rick Sommerville 08118/2000 Printed 0823100 4:08:19 PM Page 2 of 6 EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase II of T.Tr.4384 AMOUNT EXTENSM NET AMOUNT DUE DEFERRED (e Sower Ca city Enhancement Charge ...................... Trunk Sewer Service Area Units � :::::::':5:9.00."i i per Unit 0 na 3. WATER CONNECTION CHARGES (a Time 3 Material Charges("Wet-Tie") (.0223 Estlmato Number 4748 Water Job Number Estimated Deposit(FMC 14-1114) � (b1 Servica Connection Charges 84 1-Meters to existing services Q 5320.00 each $26,880.00 O.pOi 26 SSOi00i ............ .. . G 1-12'Meters to existing services Q 5470.00 each $0.00 $0.00 $0:00:: 0 2'Meters to existing services ®! $620.00 each $0.00 $0.00` 0:001: ...::.:... . 0 1'Services($735)6 Meters($195) $930.00 each 50.00l 1 $o;oo oou 0 1-1l2'Services($880)6 Meters($340) 1 $1,220.00 leach :--:$0;00:1 2- $0.00:. $o 09; 0 Services(51.010)6 Meters($411) a $_ 421.00 each 50.00 0.00': o 00' (b2)Landsca Service Connection Charges fft Meters to existing services 320.00 each $0100€ 1/2'Motors to existing services 470.00 each $0.00 Meters to axi ng services $620.00 each $O.00 so:oo!i 1'Services($735)S Motors($195) $930.00 each $0.0013UW 0 1-1/2'Services($880)6 Motors($340) $1,220.00 each $0.00 0:007 0 Air Services 1 01 Meters($411) 1 421.00 each 0.00 i O:OOi (c)Frontage Cha e F ': it ii;:C..............i:::::: €lE iii......i€ e i - Frontage: 0 LF Frontage: s:.`0 LF Frontage: Sub-Total Lineal Feet(%rate) �LF LF; suh4otal Frontage Charge(54 rate) 53.25 per LF O Frontage: 0.' LF Frontage: .. Ei O.`LF Frontage: LF I....................... ...................'L' r L i .I�' Sub-Total Lineal Feet(full rate) I =ILF LF; sub-total Frontage Charge(full rate) 56.50 per LF na Sub-Tot l Frontage Charge Less estimated Frontage Charge Credits Frontage Charge 50.00 (d)Fi�reH., rant Charge SF;residential zoning 50.75 per 100 SF 4 097143:: ��� SF;non-residential zoning Q 1.25 per 100 SF OCHIBrr 8 Y4128M Prepared By.Louis Rocha and Rick Sommerville 06116r2000 Printed 06x23100 4:08:19 PM Pepe 3 of 8 EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase 11 of T.Tr.4384 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (a q,!sIlon Grid Main Charge I tl UGM Reimbursement Area 16.7283 Gross Acres 560.00 per Gr Acre 9367.85 0.0000 Not Acres 700.00 per Not Ac Less EsdmatedTGM Construction Credits (Credits from Phase Q Transmission Grid Main Charge if)Transmission OrW Main Bond Debt Service Charge 16.7283 Gross Acres 0.0000 Not Acres, Less EsdmatedTGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge **Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation,when applicable, fee Is due at Building Permit for all un-developed lots at the fee rate then in effect Water Supply Fee V Supply Wal Iu I Service Area 54 L!iMvP1nPg Units(residential) 0 Living Unit Equivalents(LUE);non-residential Less Estimated UGM Water Supply Fee Construction Credits (Credits from Phase 0 UGM Water Supply Fee 1h)Well Head Treatment Foe �X01'Well Head Treatment Service Ares UJI-Wing Units(resWentlso per Unk 0.00 Living Unit Equivalents(LUE);non-residential Q per UnitF—­50-0� $0 Lou Estimated Well Head Treatment Fee Construction Credits Wail Head Treatment Fee $0.001 Fee Recharge Service Area 84 Living Units(residential) per Unit 0.00 Living Unit Equivalents(LUE);non-residential per Unit 50.00 Less Estimated Recharge Fee Construction Credits Recharge Fee 1 16.56 1 r7777U00 (j 1 !1Service =1 aFee !011Debt Service Fee Service Area 84 Living Units(residential) per Unit 50.00 Living Unit Equivalents(LUE);non-residential per Unit 50.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee 1 $0.001 • EXHIBrr 8 v4rA= Prepared By.Louis Roche and Rick Sommerville 061116=00 Printed 08/23000 4:08:19 PM Page 4 of 8 EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase 11 of T.Tr.4384 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UDM)FEES&CONSTRUCTION CREDITS is)UGM FIRE TATION FEE Fire Station Service Area I iS.7283 lGrow Acres per Gr Acre 13 499.7417:7777�::��JUO-3* (b)UGM NEIGHBORHOOD PARK FEE Neighborhood Park Service Area 16.7283 Gross Acres per Gr Acre 120 575.811 $0.001* Jc R CHARGEE Zone Adjusted Gross Acres per AG Ac 140 733.41 Lou Estimated Major Street Charge Construction Credits =463A54251 (Credits from Phase 0 Major Street Charge 1 ($22.720-84)1 (d)UGM MAJOR STREET BRIDGE CHARGE =4 Major Street Bridge Zone 16.7283 Adjusted Gross Acres per AG Ac 2 258.32 Low Estimated Major Street Bridge Charge Construction Credits SO 00 Maim Street Bridge Charge 1 $2,258.321 (a)UGM TRAFFIC SIGNAL CHARGE 16.7283 Adjusted Gross Acres per AG Ac 14 386.34 Lou Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge I (f)UGM GRADE SEPARATION CHARGE Grade Separation Service Area 1 16.7283 1 Adjusted Gross Acres AG Ac Lou Estimated Grade Separation Charge Construction Credits Grade Separation Charge (0)UGM AT-GRADE RAILROAD CROSSING FEE ;is AI-Grade RR)(Jng Service Area 16.7283 Adjusted Gross Acres 42 per AG Ac r777777MAI-Grade RRXing Service Area 18.7283 Adjusted Gross Acres per AG Ac na r------IAI-Grade RRXing Service Area 16.7283 Adjusted Gross Acres GF770:00=Per AG Ac na Less Estimated At-Grade RRXing Charge Construction Credits At-Grade RRXing Fee $0.001SOi00 0:00': (h)UGM TRUNK SEWER FEE F77777779 Trunk Sewer Service Area 18.7283 Adjusted Gross Acres per AG Ac na Less Trunk Sewer Fee Credits 7710=1 Trunk Sewer Fee $0.001 EXHIBIT 8 WAM Prepared By.Louis Roche end Rick Sommerville Mi6r=Printed DOW= 4:06:19 PM Page 5 018 EXHIBIT B Subdivision Agreement for Tract No. 4944, Phase 11 of T.Tr.4384 AMOUNT EXTENSION NET AMOUNT DUE DEFERRED (I OVERLAY SEWER SERVICE AREA Overlay Service Area 16.7283 Adjusted Gross Acres per AG Ac Total Impact Fees&Charges Sim" 1,110 Note: EXTENSION total Includes not results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $21527 TOTAL(6) IMPACT FEES&CHARGES as `44 ITOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) EY&41W 6 v4/28100 Prepared By.Louis Rocha and Rick Sommerville 06118P2000 Printed 0&23W 4:08:18 PM page 8 of a 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. 4944 UGM, is subject to an annual assessment currently estimated at $ 50.00. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 4944/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 FT4944 SubdWsion Agreement wpd (June 26,2000) EXHIBIT IVY