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HomeMy WebLinkAboutT-5000 - Agreement/Covenant - 8/15/2006 12/31/2002,20020237830 L!-: c—,;= J- k j cr'1 z a RECORDER'S SUBDIVISION AGREEMENT City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (559) 621-8650 Tract No. 5000 of Vesting Tentative Map of Tract No. 5000/UGM P.W. File No. 10424 THIS AGREEMENT is made this `L.a' day of D F—cF—"6 E2 2002, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and COUNTRY CLUB DEVELOPMENT AT THE FORT, LLC,a California Limited Liability Company, 7120 North Whitney Avenue, # 101, Fresno, CA. 93720, hereinafter designated and called the "Subdivider,"without regard for number or Gender. D i a Subdivision Agreement Tract No. 5000/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. 5000/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 required as Conditions of Approval for Vesting Tentative Map No.5000/UGM dated December 19, 2001 issued by the City and any amendments thereto (hereinafter referred to as Conditions of Approval and incorporated into this agreement by this reference), hereinafter set forth in detail,within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication and approval of the Final Map for filing with the County of Fresno to record 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. 5000/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 December 19, 2003, except as noted in (b) and (c) listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before, December 19, 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 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," per Resolution No. 98-129 requirements for 50- and 56-foot local street pattems. d. 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 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. Subdivision Agreement Tract No. 5000/UGM Page 4 e. 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 pursuant to the Department of Public Utilities Memorandum, dated July 31, 2002, for the Verification and Monitoring Procedure for the Availability of Public Services Within the Woodward Park Community Plan, attached as Exhibit"C". f. 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. Subdivision Agreement Tract No. 5000/UGM Page 5 3. The work and improvements are as follows: a. Construct all landmarks,monuments and lot corners required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior-to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the 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 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. Subdivision Agreement Tract No. 5000/UGM Page 6 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 Tentative Tract Map No. 5000 approval the Subdivider is required to install landscaping and an irrigation system into any landscape easements required for this, and any subsequent phases of the Tentative Tract Map of the subdivision.A Private Homeowners Association has been formed to provide for continued care and maintenance of the required landscaping. j. As a condition of final map approval, the Subdivider is required to perform and construct all work shown on the following referenced plans ; [City Drawing Nos: 15-C-10815 through 15-C-10822, inclusive, Storm Drain Plan BZ-17-1 through BZ-17-3 inclusive; Street Light Plan 4-C-666]. 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." 1. In connection with assigning figures set forth in Exhibits"A"and"B",the City has made its best faith efforts at predicting the fees,costs and credits of the improvements that will benefit this subdivision and 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. Reimbursements or credits,if any,to the Subdivider shall be made only in compliance with the provisions of the City's UGM ordinance or any other City ordinance providing for reimbursement or credit. Subdivision Agreement Tract No. 50001UGM Page 7 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. a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost Estimate to be conditioned upon the faithful performance of this agreement. i. 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. Subdivision Agreement Tract No. 5000/UGM Page 8 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 fumished. 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, Subdivision Agreement Tract No. 5000/UGM Page 9 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 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 directly to the Subdivider or his agent. Subdivision Agreement Tract No. 50001UGM Page 10 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 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 Subdivision Agreement Tract No. 5000/UGM Page 11 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. 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. 5000/UGM Page 12 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER: a Municipal Corporation ASSISTANT PUBLIC WORKS DIRECTOR Country Club Development at the Fort, LLC PUBLIC WORKS DEPARTMENT a California Limited Liability Company Z By: Lennar Fresno, Inc., a Calif nia Corporation, Member By: iLil/�cX—f� Mark I. Williamson ATTEST: Steve Lutton, Vice-President REBECCA E. KLISCH CITY CLERK By: Omega Developers, L.L.C., a California Limited Liability Company, By: �a. /� AaL r cDonald, Member APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attorney By: Depu DATE:Oct.25,2002 Subdivision Agreement Tract No. 5000/UGM Page 13 recorded on March 29, 2002, as Document No.2002-0052821 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Country Club Development at the Fort, LLC, a California Limited Liability Company, and TRUSTEE: Fidelity National Title Company, and BENEFICIARY: Housing Capital Company, a Minnesota Partnership hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development (Final Map of Tract No. 5000). DATED: N� s , 2002 BENEFICIARY: Housing Capital Company, a Minnesota Partnership By: / Thomas G. Walker, Vice-President By: (Trustee to Type Names, Titles&Attach Notary Acknowledgment) Subdivision Agreement Tract No. 5000/UGM Page 14 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On 464—.3 ,2002, beforeme, P-4,60eC,4 �� �'�/SG H personally appeared A Ri'� / personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument(s)the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK By 2y'llix -DEPb1rT-- STATE OF CALIFORNIA COUNTY OF FRESNO On { before me, Darlene Lemons, Notary Public, personally appeared personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledge 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. r DARLENE LEMONS ,I U COMM.#1310848 NOTARYFRESNO COUNTY CALIFORNIA My Comm.Explref Juni ZS,2005 ne Lemons Title or Type of Document: �lc.�0 QYc�,� YtGz-}-, an—i'() ,tp c XU,�1�I S I 4jrum,¢vi�` Date of Document: L 1 STATE OF CALIFORNIA COUNTY OF FRESNO On /J O before me, Darlene Lemons, Notary Public, personally appeared �'Cvf- E] personally known to me 19 proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge 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. 2 0 1AA DARLENE LEMONS V COMM.#1310646 -Darene Lemons 0 NOTARY PUBLIC.CALIFORNIA FRESNO COUNTY My Comm.Expires June 25,2005', • l Title or Type of Document: Date of Document: STATE OF CALIFORNIA COUNTY OF FRESNO On ►V V 11 O W-.before me, Darlene Lemons, Notary Public, personally appeared lam, personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge 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. TDARLENE LEMONS U COMM.#1310646 U NOTARY PUBLIC-CALIFORNIA 0 lt4I fK_T� FRESNO COUNTY r Da ene Lemons My Comm.ExpIfee June 25,2006 Title or Type of Document: c�LL ✓1 — ✓Zl-C� S � Date of Document: 40V O � EXHIBIT A Subdivision Agreement for Tract 5000 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $249,418 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $378,720 Street Construction Cost Estimate $657,4571 Final Cost Estimate(for Inspection Fee purposes) $1,285,595 403 Landmarks, Monuments, Lot& Block Comers ($50/ea) $20150 Sub-Total (for bonding purposes) $1,305,745 Construction Contingency(10°x6) $130,5751 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,436,320 $1 436 000 *All amounts rounded to nearest$1000 B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement) Performance Security (100%of Total Cost Estimate) 95%of amount shall be in the form of a bond by duly authorized corporate sureties or irrevocable letter of credit $1,364 000 5%of amount shall be in cash or a Certificate of Deposit 1 $72,0001 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 $718,0001 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans(Sewer.Water, Storm Water) $30,000 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit 1 $30,0001 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 $4,700 Minimum amount $13,7001 EXHIBIT A v4/28/00 Prepared By: Rick Date: 10/10/02 Print Date: 10/24/02 2:37:29 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T-5000 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<_$10K na (7%;$300 minimum fee) $0 Final Cost Estimate>$10K<$500K na ($700+4%of amount over$1 OK) $1 285 595 Final Cost Estimate over$500K $39 939.88 ($20,300+2.5%of amount over$500K) Less Inspection Fees pre-paid Cashier Memo#123434 on 08/19/02 1 $15J66.001 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $24 773.88 $24 773.88 2. MONUMENT CHECK FEE 123 Lots and Outlots @ $30.00 per Lot $3 690.00 $3,690.001 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets (a3 $173.00 per set $173.00 $173.00 ©Waming/Regulatory signs ® $77.00 sign $462.00 $462.00 4. STREET TREES City installed(15-gallon)Street Trees @ $129.00 per Tree na nal 39 Inspection Fee(when planted by subdivider) ® $30.00 per Tree $1 170.00 $1 170.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) S. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na nal 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 00 Lots(anticipated maintenance cost) @ $0.00 per Lot na Lots(Incidental expenses:legal fees. per Lot publications,mailings,engineering, ($1,500 0 assessment district proceedings (a3 $0.00 min) na Lum Sum Landscape area Field Inspection Fee-Parks ® $305.00 LS na Total na na 0.00 Estimated assessment per Lot(information only) 7. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet @ $5.00 per LF na nal 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freews 41/Friant Road/Hemdon Corridor 48.8209 Adjusted Gross Acres @ $250.00 per AG Ac $12 205.23 $12,205.23 TOTAL MISCELLANEOUS FEES 6 CHARGES $42,474.11 $42,474.11 EXHIBIT 8 v11/01/01 Printed 11/12/02 11:55:02 AM Page 1 of 5 EXHIBIT B Subdivision Agreement for T-5000 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 48.8209 Gross Acres 0.0000 Net Acres 44.9855 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 123 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES BZ FMFCD Drainage Area Acres per FMFCD @ $8 940 per Acre na Local Drainage Fee 0.00 $0.00 (B1) (81)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Lateral Sewer Charge 0.00 $0.00 • Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge 43 UGM Reimbursement Area Frontage: International 127 500 SF Frontage: Olympic 129 000 SF Total Square Feet 1 256,50 SF 256 500 SF;sub total Oversize Sewer Charge @ $0.05 per SF F---$-12—.8-25 00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 1 $12.825.00 11 $797.79 $12 027.21 (c)Trunk Sewer Charge Hemdon Trunk Sewer Service Area 123 Units @ $496.00 per Unit $61 008.00 $61,008.00 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Capacity Enhancement Charge Hemdon Trunk Sewer Service Area 123 Units @ $874.00 per Unit $107 5 2.00 $107,502.001 3. WATER CONNECTION CHARGES (a Time 8 Material Charges("Wet-Tie") 2002 04-3 1 Estimate Number 4884 1 Water Job Number Estimated Deposit(FMC 14-111-f) $9 800.00 $0.00 (B3) (83) Deposit pre-paid with Cashier Memo#123432 on 08/19/02 (b1)Service Connection Charges 50 1"Meters to existing services @ $320.00 each $16 000.00 $0.00 $16,000.01D 65 1-1/2"Meters to existing services @ $470.00 each $30 550.00 $0.00 $30 550.00 EXHIBIT B v11/01/01 Printed 71/12/02 11:55:02 AM Page 2 of 5 EXHIBIT B Subdivision Agreement for T-5000 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 02 Landscape Service Connection Charges 2 2'Meters to existing services @ $620.00 each $1 240.00 $1 240.00 (c)Frontage Chara Frontage Charge $0.00 $0.:00:]- (d) 0.00 -(d)Fire Hydrant Charge 1,650,379 SF;residential zoning @ $0.75 per 100 SF $12 377.84 $12,377.84 (e)Transmission Grid Main Charge A UGM Reimbursement Area 48.8209 Gross Acres @ $560.00 per Gr Acre $27 339.70 Less Estimated TGM Construction Credits $19 749.00 Transmission Grid Main Charge $7 590.70 $472.05 - $7 118.65 ( Transmission Grid Main Bond Debt Service Charge 48.8209 Gross Acres @ $243.00 per Gr Acre $11 863.48 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $11,863.481 $737.92 ' $11 125.56 ( UGM Water Supply Fee 1011 Supply Well Service Area 123 Living Units(residential) @ $397.00 per Unit $48 831.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee $48,831.0701 $48,831. (h)Well Head Treatment Fee 101 lWell Head Treatment Service Area 123 1 Living Units(residential) @ $0.00 per Unit Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $0.00 $0.00 (i)Recharge-Fee 101 Recharge Service Area 123 Living Units(residential) @ $0.00 per Unit Less Estimated Recharge Fee Construction Credits Recharge Fee $0.00 $0.00 (j 1994 Bond Debt Service Fee 101 1994 Bond Debt Service Fee Service Area 123 Living Units(residential) @ $895.00 per Unit $110 085.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee $110,085.00 $7,160.001' $102 925.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a UG�TATI FEE 21 Fire Station Service Area 48.8209 Gross Acres @ $1 388.00 per Gr Acre $67 763.41 $4,214.94 ' $63 548.47 EXHIBIT 8 v11/ UM Printed 11/12/02 11:55:02 AM Page 3 of 5 EXHIBIT B Subdivision Agreement for T-5000 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (b UG�BORHOOD PARK FEE 7 Neighborhood Park Service Area 48.8209 Gross Acres @ $1 690.00 per Gr Acre $82 507.32 $5,132.02 ' $77 375.30 (c UG�R STREET CHARGE F Major Street Zone 44.9855 Adjusted Gross Acres @ $2 500.00 per AG Ac $112 463.75 Less Estimated Major Street Charge Construction Credits $58 013.00 Major Street Charge $54 450.75 $3 387.26 ' $51 063.49 (d UG�R STREET BRIDGE CHARGE F Major Street Bridge Zone 44.9855 Adjusted Gross Acres @ $50.00 per AG Ac $2 249.28 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $2,249.281 1 $139.92 ' $2 109.36 (e UG) M TRAFFIC SIGNAL CHARGE 44.9855 Adjusted Gross Acres @ $860.00 per AG Ac $38 687.53 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $38 687.53 $2 406.62 ' $36 280.91 ( UGE SEPARATION CHARGE Grade Separation Service Area 44.9855 Adjusted Gross Acres @ $0.00 per AG Ac na Less Estimated Grade Separation Charge Construction Credits Grade Separation Charge $0.00 $0.00 ' ( UG RADE RAILROAD CROSSING FEE At-Grade RRX ing Service Area 44.9855 Adjusted Gross Acres @ $0.00 per AG Ac na Less Estimated At-Grade RRX ing Charge Construction Credits At-Grade RRX ing Fee 0.00 $0.00 ' (h)UGM TRUNK SEWER FEE Trunk Sewer Service Area 44.9855 Adjusted Gross Acres @ $0.00 per AG Ac na Less Trunk Sewer Fee Credits Trunk Sewer Fee $0.00 $0.001. (I OVERLAY SERVICE AREA Millbrook Overlay Service Area 44.9855 Adjusted Gross Acres @ $0.00 per AG Ac na $0.001. 5. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits Northeast Fresno Service Area 123 Residential Living Units @ $66.00 per Unit EXHIBIT B v11/01/01 Printed 11/12/02 11:55:02 AM Page 4 or 5 EXHIBIT B Subdivision Agreement for T-5000 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED Total Impact Fees&Charges $675,331.31 $255,40736 $410,123.95 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $42,474.111 TOTAL(B) IMPACT FEES&CHARGES $255,407-36 1 1 $410 123.95 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $297,881.471 EXHIBIT B A 1/01/01 Printed 11/12/02 11:55:02 AM Page 5 of 5 City of Fresno C1MLId+1k1�1 i I� mem:- g®r 1 DEPARTMENT OF PUBLIC UTILITIES 1111. 2000 July 31, 2002 VERIFICATION AND MONITORING PROCEDURE FOR THE AVAILABILITY OF PUBLIC SERVICES WITHIN THE WOODWARD PARK COMMUNITY PLAN Application: FINAL TRACT NO. 5000 Location: Southwest comer of N. International and E. Olympic Drive Project Description: A 123 lot single family residential subdivision within the"Urban Reserve" Zoning(Acreage): R-1/UGM(48.8 acres) OVERALL PROJECT DENSITY The overall project density is approximately 2.5 (123/48.8)living unit equivalents(l.u.e.)per acre. The project's overall density is less than the maximum of 5.0 l.u.e./acre. SANITARY SEWER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Sanitary Sewer Service, it has been demonstrated and determined that sanitary sewer service is available to this project in the Hemdon/Comelia Trunk Sewer subject to mitigation measures as described in the attachment. The average daily sanitary sewer flow contribution resulting from this project has been estimated at 36,162 gpd gallons per day. WATER SERVICE In compliance with the Woodward Park Community Plan Verification and Monitoring Procedure for Water Service, it has been determined that an adequate source of potable water is available subject to mitigation measures as described in the attachment,to meet City, State,and Federal standards during periods of peak flow in the City water system serving the Woodward Park Community Plan area for this project including existing demand and all other approved development. The projected peak water demand resulting from this project has been estimated at 261 gallons per minute. This document is a determination of capacity available in the sanitary sewer and water systems. Conditions or requirements imposed as a result of this finding are in addition to all other requirements set forth. This project shall further comply with applicable provisions of the City ordinance,adopted standards, and policies for extension and connection to the sanitary sewer and water systems. lAzle— 4 )9XI Martin R. McIntyre, Director ichael S ire Chief Department of Public Utiliti Fire Department FAFindings\Ff5000.fna.wpd attachment: Mitigation Measures for Sewer Service,Dated July 31,2002 EXHIBIT "C" Mitigation Measures for Water Service,Dated July 31,2002 Page 1 of 3 c: Michael E.Smith,Fire Chief DEPARTMENT OF PUBLIC UTILITIES July 31, 2002 Application: FINAL TRACT NO.5000 Location: Southwest corner of N. International and E. Olympic Drive Project Description: A 123 lot single family residential subdivision within the"Urban Reserve" Zoning(Acreage): R-1/UGM(48.8 acres) Estimated Demand: 36,162 gpd Mitigation Measures for Sewer Service The property is located in an area of the Woodward Park Community Plan formerly designated as"Urban Reserve". This area was designated as such by the City Council due to the uncertain availability of urban services(sanitary sewer system and treatment plant capacity). Master planning for sewage collection and treatment facilities in the project vicinity has not been completed at this time. Master planning is necessary in order to avoid replication of multiple small-scale public facilities to serve individual projects in nearby adjacent locations. Prior to submittal of the final map package with improvement plans,the subdivider shall participate with other subdividers in the project vicinity under City oversight to develop a comprehensive plan for sewer facilities including sanitary sewer pipelines,sewage lift station(s),and wastewater treatment facilities. The master plan may also need to address potential beneficial re-use of treated effluent. It has been determined that the 42-inch segment between N. Fresno Street and N. Howard Avenue and the 21-inch segment in N. Cedar between E. Fir and E.Herndon Avenue of the Herndon Trunk Sewer will be impacted as a result of this project;therefore,the developer shall construct the following improvements prior to issuance of occupancy permits unless otherwise stated: • The developer shall be required to enhance(by pipe lining)the 42-inch segment of the Herndon Trunk Sewer between North Fresno Street and North Howard Avenue impacted as a result of this project. • The developer shall replace or enhance the existing 21-inch section of sewer main to the capacity of the 42-inch sewer main immediately upstream. Match the upstream of the 42-inch sewer main located in North Cedar Avenue between East Hemdon and East Fir Avenues. A credit shall be given for the required construction of the enhancement and the developer shall be eligible for reimbursements as designated in the Master Fee Resolution. • Construct Master Plan Sewer Lift Station on E.Copper Avenue,between N.Cedar and N.Maple Avenues and force main facilities as approved or directed by Zhe City of Fresno. As an alternative to the above; • The City is willing to accept payment of the established sewer enhancement connection fee at the time of development. The City of Fresno would then assume responsibility to make the enhancements to mitigate this project's impacts on the sewer system. FAFindings\FT5000s.FND.wpd EXHIBIT "C" Page 2 of 3 .y DEPARTMENT OF PUBLIC UTILITIES July 31, 2002 Application: FINAL TRACT NO. 5000 Location: Southwest corner of N. International and E. Olympic Drive Project Description: A 123 lot single family residential subdivision within the"Urban Reserve" Zoning(Acreage): R-1/UGM(48.8 acres) Estimated Demand: 261 gpm (Peak Demand) Mitigation Measures for Water Service The property is located in an area of the Woodward Park Community Plan formerly designated as"Urban Reserve". This area was designated as such by the City Council due to the uncertain availability of urban services(domestic production/pressure). In light of water supply enhancement projects that have been completed, including the Metropolitan Water Resource Management Plan, and their effects on the water system, the Water Division conditions are as follows: The Final Tract Map No. 5000 is approximately 48.8 acres. The peak estimated water demand for the Tentative Tract Map is 261 gallons per minute for this project. Based upon the estimated demand, the following requirements shall apply: • Dedicate(2)well sites. One located along the east side of Millbrook s/o Copper, the second to be located between Cedar&Maple s/o copper. Based on available UGM Water Well Funds, the City Water Division will construct well on the Millbrook site dedicated. The developer shall construct the second well on a dedicated site as determined necessary by the Water System's Manager. • Prior to occupancy being granted, a subsequent finding of available water supply shall be required to determine whether there will be adequate water production and supply to meet 2003 peak hour demand for the area. In the event the finding determines there is insufficient supply to meet anticipated demands, the developer will be required to begin construction of the second well as directed. • Dedication of water well site or sites on which to construct City supply well(s)at a location(s) satisfactory to the Water Systems Manager. Completed City supply well(s)shall produce a minimum of 1,000 gallons per minute or twice this project's peak demand, whichever is greater. • In the event funds in the 101S Well Supply area are insufficient to construct the well(s),the developer may be required to construct the well(s)with equivalent fee credits to be applied to his/her development. • Any existing agricultural wells within the boundaries of the proposed development shall be sealed and abandoned in compliance with California Well Standards, Bulletin 74-90 or current revisions, issued by California Department of Water Resources,and City of Fresno standards. • A minimum of two sources of water is required for this project. • Payment of water connection fees in effect at the time of entitlement. EXHIBIT "C" FARndings\FT5000w.FND.wpd page 3 of 3