HomeMy WebLinkAboutT-4979 - Agreement/Covenant - 8/15/2006 UBDIVISION AGREEMENT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 4979
of Vesting Tentative Map of Tract No. 4979/UGM
P.W. File No. 10347
THIS AGREEMENT is made this day
2001, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and Central Pacific Builders, a California Corporation, 466 W. Fallbrook,
Ste. 110, Fresno, California, 93711, hereinafter designated and called the"Subdivider,"without
regard for number or Gender.
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 2
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Owner and located within the corporate limits of the City, and
known and described as Tract No. 4979/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 constructthe 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.
� T
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on said map, and the approval of
said map for filing and recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before June 6, 2003, 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 June 6, 2005, (The developer
may submit a written request to the Public Works Director for an extension
of time to complete the construction of the sidewalk and driveway
approaches).
C. The Lot comer monumentation shall be completed to the satisfaction of the
Director of Public Works as provided by Code, on or before June 6, 2003,
(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. 4979,"
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 Subdivider's 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
r j
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 4
occupancy permits by the City for dwellings located within said subdivision
shall not be construed in any manner to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision.
f. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
g. When a delay occ irs due to unforeseen causes beyond the control and
without the fault o negligence of the Subdivider, the time of completion
may be extended or a period justified by the effect of such delay on the
completion of the Nork. The Subdivider shall file a written request for a
time extension wi the Director of Public Works prior to the above noted
date, who shall as certain the facts and determine the extent of justifiable
delays,if any. Extension of time for completion of improvements(including
street trees planti g) may be granted by the Public Works Director with an
extension fee fron the current Master Fee Schedule based upon the initial
estimated total iml irovement 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 improvernei its, 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. 84361 and as amended at the sole cost and expense of the Subdivider including
all costs of engineering, inspection and esting.
3. The work and improvements are as follows:
a. Construct all land narks,monuments and lot comers required to locate land
divisions shown on the Final Ma).
Pursuant to Section 66497 of tie State Subdivision Map Act, prior to the City's final
acceptance of the subdivision nd release of securities, the Subdivider shall submit
evidence to the City of Fresno of I Dayment 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
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 5
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
complete underground street light system as approved by the Traffic Engineer prior to final
acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires
shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or
modifications which may be adopted by Council prior to the actual installation of the lights
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with City Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges"are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 20-foot landscape easement along the rear and
side property lines of all lots which back-onto and side-onto North Chestnut Avenue
frontages of the subdivision. The Owner has executed a covenant with the City of Fresno
guaranteeing maintenance of the required landscaping until such time as a Maintenance
District has been formed to provide for continued care and maintenance of the required
landscaping.
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 6
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing 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 Chief Engineering Technician of Design
Services 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 is required to construct
a 6-foot high solid masonry wall at the rear of the required landscaping easement along
the North Chestnut Avenue frontages in accordance with the acoustical with Section 12-
105-W-2 and Section 12-306-N-19, Fresno Municipal Code.
Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the Fresno Municipal
Code, the Subdivider has posted improvement security with the City guaranteeing the
preparation of the detail landscaping/irrigation and sound well plans for the required
landscaping/'irrigation and the noise barrierwall improvements to be approved by the City.
The Subdivider agrees that, in the event the required plans have not been submitted by
the Subdivider to the City for approval within 90 days of the execution of this agreement
by the City,the City shall use the security posted to cause the preparation of the required
landscapingArrigation and sound wall plans.
Perform and construct all work shown on the following referenced plans[City Drawing Nos:
10-C-8002 through 10-C-8009(8 sheets)inclusive; 15-C-10552 through 15-C-10564 (13
sheets) inclusive, Drawing No. 4-C-638 (1 sheets) inclusive], FMFCD Storm Drain Plans
No. CX-39-1 through CX-39-3 unless specifically omitted herein.
k. Prior to the approval of the Final Map by the City, the Subdivider shall pay
to the City and/or execute to defer certain impact fees due which are eligible to be deferred
by relevant FMC provisions, the total fees and charges due 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."
I. 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
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 7
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements . ,
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City,which said plans and specifications and standards are hereby
referred to and adopted and made a part of this Agreement. In case there are not any standard
specifications of the City for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the State of California, Division
of Highways. All of said work and improvements and materials shall be done, performed and
installed under the inspection of and to the satisfaction of the City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
Itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence
to business in California subject to the approval of the City and on forms furnished by the City.
i J
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 8
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
L 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate 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. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. PERFORMANCE SECURITY. Such sums are equal to 100% of the total
estimated cost to complete the preparation of the landscape/Irrigation and wall
improvement plans and profiles required. Said amounts shall be cash or a 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.
6. Upon acceptance of the required work by the City Engineer, a warranty security
shall be furnished to or retained by the City, in the minimum amount identified in said Exhibit A,
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.
1 ►
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 9
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.
S. 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
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.
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 10
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
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
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 11
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
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
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 12
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.
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.
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 13
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.
20. All other tentative map Conditions of Approval remain in effect, unless the Director
of Planning and Development modifies them, or determines them inapplicable.
The parties have executed this Agreement on the day and year first above written.
Subdivision Agreement
Tract No. 4979/UGM
A Planned Development
Page 14
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Central Pacific Builders
A California Co oration
By —
Mark I. Williamson, Director By:
Public Works Department &e4e Lutton, President
ATTEST: q?�L!uk—
REBECCA
E. KLISCH By;
CITY CLERK Rick Nisbett, Secretary
By.
OADeputy 1 6 (Attach Notary Acknowledgment))
APPROVED AS TO FORM:
IRMA C -MONTO
City Attu
By
Deputy
STATE OF California
COUNTY OF Fresno
On g �t� 3,�`�-CJ) before me, Kelly G. Swertfaaer
����,,00
(Name, Title of Officer) f,,
personally appeared 51tb
u , ���. /v) 5
personally known to Me ( 1 to be the person(s
whose name(s) i are bscribed to the within instrument and acknowledged to that he/sh they'
executed the same in his/her athorized capacity(ies), and that by his/her, their ignature(s) on t e
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 of�,Cto Public)
(This area for notarial seal)
KELLY G.SWERTFAGER
Commission#l 1a3432
Notary Public-California
Fresno County —
0EM'.— —— -
*Corrvn.E 0w MaY 14,M02
EXHIBIT A Subdivision Agreement for Tract 4979
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $142,181
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $114,627
Street Construction Cost Estimate $8071411
Final Cost Estimate (for Inspection Fee purposes) $1,0641219
223 Landmarks, Monuments, Lot&Block Corners($50/ea) $11,150
Sub-Total (for bonding purposes) $1,075,369
Construction Contingency(10%) $107 537
TOTAL COST ESTIMATE*
' .....$y....(for improvement securities purposes) t €
(........ ...............
*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 forth of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1ii123'9QQi
$5F.�`2ig5% of amount shall be cash or a Certificate of Deposit si
Payment Security (50% of Total Cost Estimate)
100% of amount shall be in
form of a bond bYdu
duly
authorized corporate sureties or irrevocable letter of
........
credit $;*tb.0500:::
Faithful Peformance Security to Guarantee Completion of Plans
Street Plans $5,000
Utility Plans(Sewer.Water, Storm Water) $3,000
Street Light Plans $1,000
Landscaping/Irrigation/Walls $1,000
000:
100% of amount shall be in cash or a Certificate of Deposit `..
$10:
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 $3,400
Minimum amount $12,400
EXHIBIT A 00/11/00 Prepared By:JB Date: Print Date:10/11/01 8:58:31 AM Pagel of 1
i
EXHIBIT B Subdivision Agreement for Tract 4979
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
SO Final Cost Estimate_<$10K na
(7%;$300 minimum fee)
SO Final Cost Estimate>$10K 1$500K na
($700+4%of amount over$1 OK)
1 064 219 Final Cost Estimate over$500K 134 405.48
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
SewerlWater Construction Agreement $15,233.001
Less Inspection Fees paid with Early Street
Construction Agreement $0.00
Inspection Fee 19,172.48 $19,172.48
2. MONUMENT CHECK FEE
106 Lots and Outiots 530.00 per Lot 53,180.00
(Min$200)
3. STREET SIGNS
10 Street Name Sign sets 5173.00 per set i1 730.00 i1 730.00
11
Warning/Regulatory signs 577.00 sign $847.00 5847.00
4.STREET TREES
DO City installed(15-gallon)Street Trees $129.00 per Tree na na
O Inspection Fee(when planted by subdivider) $30.00 per Tree na na
0 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(}x6)
Lum Sum Charge as established by Public Works Director nal na
6.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
106 Lots(anticipated maintenance cost) 24.33 per Lot i2 578.98
Lots catio(Incidentalm expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
106 assessment district proceedings @ $25.00 min) $2650.00
Lum Sum Landscape area Field Inspection Fee-Parks 5--3-�-O-fl LS $305.00
Total 1 $5.53 $5,533.981
137.33 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet a 15.00 per LF na nal
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road/Herndon Corridor
22.2242 Adjusted Gross Acres 5250.00 per AG Ac i5 556.051 $5,556.051
TOTAL MISCELLANEOUS FEES 8 CHARGES $36,019.51 $36,019.51
EXHUT 6 re14001 Printed 11/07/01 11:26:09 AM Pape 1 of 6
EXHIBIT B Subdivision Agreement for Tract 4979
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
22.2242 Gross Acres
0.0000 Net Acres
21.2772 Adjusted Gross Acres(AG Ac); excludes Area of Arterial 3 Collector Streets
106 Units(residential)
0 1LUE(non-residential)
R-1 Zoning
u m Input'ugm'H within the Urban Growth Management Area or'rW
1. LOCAL DRAINAGE FEES
'CX' I FMFCD Drainage Area
0.0000 Acres per FMFCD SO per Acre na
FMFCD Drainage Area
0.0000 Acres per FMFCD =0 per Acre na
Local Drainage Fee
(81)All or portion of fee obligation satisfied by FMFCD agreement CX-39.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Chestnut 75 003 SF
Frontage: 0 SF
Frontage: I0 SF
Total Square Feet I 75,OOTISF
75 003 SF; sub-fatal Lateral Sewer Charge 50.10 per SF S7 500.30
Less estimated Lateral Sewer Charge Credits $0.00
Labral Sewer Charge L $7,500.301 1 50.00 i7 500.30
(b Overstxe Sewer Charge
1 UGM Reimbursement Area
Frontage: Chestnut 75 003 SF
Frontage: 0 SF
Frontage: 0 SF
Total Square Feet 1 75,003 ISF
75 003 SF;subtotal Oversize Sewer Charge ® =0.05 per SF S3 750.15
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits $0.00
Oversize Sewer Charge $3.750.151 1 $0.001 $3,750.1-n
(e)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
106 Units =496.00 per Unit 1 $52,576-00-1
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The tee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
E(HOT a ver14101 Pried 11107101 11:28:08 AM Pape 2 of 6
EXHIBIT B Subdivision Agreement for Tract 4979
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(a Sewer Ca acl Enhancement Charge
Herndon un
Tru
Sewer Service Area
106 Units 5873.00 per Unit $92,538.00
S. WATER CONNECTION CHARGES
(a)Time 3 Material Charges("Wet-Tie")
2001 0710 Estimate Number
4828 Water Job Number
Estimated Deposit(FMC 14-111 1 so-001 I 50.00
(b1 I Service Connection Charges
10511*Meters to existing services =320.00 each $33,600.00 $0.00 $33,600.00
1 1-1R'Meters to existing services 1 $470.00 Jeach $470.00 $0.00 $470.00
0 2"Meters to existing services $620.00 each $0.00 50.00 $0.00
0 1"Services($735)S Meters($195) $930.00 each 50.00 $0.001 !!Momo
0 1-1 R"Services($880)3 Meters($340) $1 220.00 each $0.00 $0.00 0 2"Services($1,010)6Meters($411) $1 421.00 each $0.00 50.00
(b2l Landsca Service Connection Charges
011"Meters to existing services Q $320.00 each $0.00 $0.00
1 1-12'Metersto existing services a $470.00 each $470.00 $470.00
0 2'Meters to existing services a $620.00 each $0.00 1 $0.00
1"Services($735)3 Meters $930.00 each $0.001 $0.001
0 1-12'services($680)a Motors
($($340) $1220.00each $o.00 $o.00
0 2'Services($1,010)3 Meters($411) $1 421.00 each $0.00 $O.00
(c)Frontage Char e
Frontage: 0 LF
Frontage: 0 ILF
Frontage: 1 0 ILF
Sub-Total Lineal Feet(%rate) `F
LF; sub-total Frontage Charge CA rate) a 53.25 per LF 0
Frontage: E]ql-F
Frontage: LF
Frontage: LF
Sub-Total Lineal Feet(full rate) �F
0 LF; sub-total Frontage Charge(full rate) 56.50 per LF na
Sub-Total Frontage Charge $0.00
Less estimated Frontage Charge Credits $0.00
Frontage Charge 50.00 50.00
(d Fire Hydrant Charge
790 302 SF;residential zoning 50.75 per 100 SF $5,927.271
�SF;non-residential zoning 1.25 per 100 SF na na 1�
EKHBrr B v8M4001 Prifftd 11)07)01 11:28:08 AM Page 3 of 8
r�
EXHIBIT B Subdivision Agreement for Tract 4979
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
(e Transmission Grid Main Charge
A UGM Reimbursement Area
22.2242 Gross Acres 5560.00 per Gr Acre 512445.55
0.0000 Net Acres 5700.00 per Net Ac na
Less Estimated TGM Construction Credits 524 718.00
Less Estimated TGM Trench Resurfacing Credits 517047.00
Transmission Grid Main Charge $0.00 Paid w/Credits
( Transmission Grid Main Bond Debt Service Charge
22.2242 Gross Acres 5243.00 per Gr Acre SS 400.48
0-00-061 Net Acres 5304.00 per Net Ac 0
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge 1 $5,4 50.00 5400.48
( UGM Water Supply Fee
101s Supply Well Service Area
106 Living Units(residential) 5397.00 per Unit 542 082.00
0 Living Unit Equivalents(non-residential 50.00 per LUE 50.00
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $42.082.00 $42,082.00
(h)Well Head Treatment Fee
1011 Well Head Treatment Service Area
106 1 Living Units(residential) 0.00 per Unit 50.00
�0 Living Unit Equivalents(non-residential) 50.00 per LUE 50.00
Less Estimated Well Head Treatment Fee Construction Credits 1 $0.00
Well Head Treatment Fee $0.05150.00
(i)Recharge Fee
101 Recharge Service Area
106 Living Units(residential) 50.00 per Unit 50.00
0 Living Unit Equivalents(non-residential 50.00 per LUE 50.00
Less Estimated Recharge Fee Construction Credits $0.00
Recharge Fee r .�.w , $0.00
(j)1994 Bond Debt Service Fee
101 1984 Bond Debt Service Fee Service Area
106 1 Living Units(residential) 5895.00 per Unit 594 870.00
DO Living Unit Equivalents(non-residential) Q 50.00 per LUE 50.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $94.870.00 $94.870.00
EXH OT B reM 4001 Prinbd 11 A7A1 11:28:08 AM Pepe 4 d 8
EXHIBIT B Subdivision Agreement for Tract 4979
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
13 Fire Station Service Area
22.2242 Gross Acres 5251.00 per Gr Acre S5 578.271 $0.001 1 $5,578.2-7-1
(b)UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
22.2242 Gross Acres 1 690.00 per Gr Acre S37 558.90I 50.00 S37 558.90
(e)UGM MAJOR STREET CHARGE
Major Street zone
21.2772 Adjusted Gross Acres � 52,500.00 per AG Ac 553,183.00
Less Estimated Major Street Charge Construction Credits $107 565.00
Major Street Charge 0.00 Paid w/Credits
(d UGM MAJOR STREET BRIDGE CHARGE
F Major street Bridge Zone
21.2772 Adjusted Gross Acres 550.00 per AG Ac S 1063.86
Less Estimated Major Street Bridge Charge Construction Credits 50.00
Major street Bridge Charge $1,06TM 1 $0.00 S 1063.86
(e)UGM TRAFFIC SIGNAL CHARGE
21.2772 Adjusted Gross Acres 5860.00 per AG Ac S 18 298.39
Less Estimated Traffic Signal Charge Construction Credits $6,000.00
Traffic Signal Charge $0.W1
( UOM GRADE SEPARATION CHARGE
Grade Separation Service Area
21 2772 Adjusted Gross Acres 50.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits $0.00
Grade Separation Charge $0.00 50.00
( UGM AT-GRADE RAILROAD CROSSING FEE
At-Grads RRX Ing Service Area
21.2772 Adjusted Gross Acres 50.00 per AG Ac na
At-Grade RRX Ing Service Area
21.2772 Adjusted Gross Acres 50.00 per AG Ac na
At-Grade RRX Ing Service Area
21.2772 1 Adjusted Gross Acres 50.00 per AG Ac na
Less Estimated At-Grade RRX Ing Charge Construction Credits $0.00
At-Grade RRX Ing Fee $0.001 1 $0.K]
(h UOK SEWER FEE
Trunk Sewer service Area
21.2772 Adjusted Gross Acres 50.00 per AG Ac na
Less Trunk Sewer Fee Credits $0.00
Trunk Sewer Fee 50.00 $0.00) 1 10.00
EXH OT B%en 4101 Printed 11107101 11:26:09 AM Pepe 5 d e
EXHIBIT B Subdivision Agreement for Tract 4979
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(i OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Urea
21.2772 lAdjusted Gross Acres 50.00 per AG Ac $0.00 1 so.-00-1
5. COPPER/WILLOW INFRASTRUCTURE CONTRIBUTIONS
Willow/Co
1 060 Vehicle Trips $74.76 per Vehicle 1 $79,245.60
Trip
6. POLICE SUBSTATION FEE In/onnedonai Only This Fee Due With Issuance of Building Permits
Northwest Fresno Service Area
106 Residential Living Units $62.00 7 per Unit
Total Impact Fees&Charges $391,237.77 $272,838.87 $202,090.35
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $36,019.51
TOTAL(B) IMPACT FEES&CHARGES $272 838.87 $202,090.35
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $308,&58.38
EXHIBIT 8 v8h4001 Printed 11107101 11:28:09 AM Paye 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 I/We have purchased Lot(s)
of Tract No. 4979/UGM, is subject to an annual assessment currently estimated at $ 37.33 .
The annual assessment represents my/our fair share of the costs for maintenance of
the landscaped easements maintained by the City within Tract No. 4979/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
EXHIBIT "C"