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SUBDIVISION AGREEMENT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 5018
Phase III of Vesting Tentative Map of Tract No. 4381/UGM 457
P.W. File No. 10339
THIS AGREEMENT is made this _ day of cL ,
2001, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Capistrano Fresno Partners, LLC, a California Limited Liability Company,
P. O. Box 40, Selma, California 93662-0040, hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
Subdivision Agreement
Tract No. 5018
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. 5018/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
d the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
nter
einto this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Tentative Map Tract
No. 4381/UGM 457 dated November 6, 1991 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.
z
Subdivision Agreement
Tract No. 5018
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 August 31, 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 August 31, 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 corner monumentation shall be completed to the satisfaction of the
Director of Public Works as provided by Code, on or before August 31,
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. 5018,"
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 111, Article 9
of UFC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
Subdivision Agreement
Tract No. 5018
Page 4
shall not be construed in any manner to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision.
f. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
g. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements(including
street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements,more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by
Resolution No.84-361 and as amended, at the sole cost and expense of the Subdivider including
all costs of engineering, inspection.and testing.
3. The work and improvements are as follows:
a. Construct all landmarks,monuments and lot comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
Subdivision Agreement
Tract No. 5018
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. 4381, is the
responsibility to maintain the landscaping within the 10-feet wide landscape easements
required along the rear and side property lines of all lots along North Polk Avenue. All
final map phases of Vesting Tentative Map No. 4381 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. 5018 (Phase III of Vesting Tentative Map No. 4381) 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. 4381 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. 5018
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 purchaser's 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 Public Rights of Way Services Section, cto
Public Works Department, Engineering Services Division, 2600 Fresno Street, Fresno,
California 93721-3623.
j. Perform and construct all work shown on the following referenced plans
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.
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
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
Subdivision Agreement
Tract No. 5018
Page 7
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 amountto 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. 5018
Page 8
C. 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.
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
Subdivision Agreement
Tract No. 5018
Page 9
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.
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
Subdivision Agreement
Tract No. 5018
Page 10
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
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
Subdivision Agreement
Tract No. 5018
Page 11
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
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 orwithin
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
Subdivision Agreement
Tract No. 5018
Page 12
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. 5018
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
CAPISTRANO FRESNO PARTNERS, LLC
MARK I. WILLIAMSON, P.E., DIRECTOR A California Limited Liability Company
PUBLIC WORKS DEPARTMENT
/��� , ZW By: Covington Family Partnership,
a California General Partnership, Member
By: W'-�
ATTEST:
REBECCA E. KLISCH B
CITY CLERKovington
0
o Managing Gener Partner
By:
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgment)
City Attorney
By: z�""'v L""
Deputy
DATE JUL ,2001
4'� C�
}
STATE OF CALIFORNIA }ss.
COUNTY OF Fresno }
On July 12, 2001 , before me, Teresa Bowland
personally appeared R_ Mitch Covington
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SignatureCOMAUl
a�euc ' �
ono Con IN.2.2006
(This area for official notarial seal')
Title of Document Subdivision Agreement
Date of Document July 2, 2001 No. of Pages 22
Other signatures not acknowledged city of Fresno
9008 0 94!(reneral)
First American Title insurance comany
Subdivision Agreement
Tract No. 5018
Page 14
Tract No. 4918
P.W. File No. 10186
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain .
Deed of Trust recorded on June 22, 2001, in the office of the Fresno County Recorder,
Document No. 20010087187 of which the Deed of Trust in by and between Capistrano Fresno
Partners, LLC, a California Limited Liability Company, as Trustor, Estates Financial, Inc., a
California Corporation, as Trustee and Estates Financial, Inc., a California Corporation, as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Subdivision Agreement for Tract No. 5018, Phase III of Vesting
Tentative Map Tract No. 4381/UGM 457
DATED: 7 Q/
BENEFICIARY
ESTATE FINANCIAL, INC.
a California Corporation
By: 5
By:
(Attach Notary Acknowledgement)
State of California
County of San Luis Obispo
On July 17, 2001 before me, Jan Baldwin
a Notary Public in and for said State,personally appeared Karen Guth
per senaHy-kwn-to-ane (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that lw/she/thay executed the
same in his/her/ter authorized capacity(ies), and that by 44s/her/th-eir
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.
��Y JAN BALDWIN
Signature �`��� ■- Comm.11177064 ►p
NOTARY Pt1BUC•CAL"RNIA
Sin Luis Obwpe County
My Comm.EXOM Mand 21;M2
EXHIBIT A Subdivision Agreement for Tract No. 5018, (Phase III of TTr. 4381)
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
...................................................................
...................................................................
...................................................................
Water System Construction Cost Estimate $0
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate
$01.1
Street Construction Cost Estimate $16,092"!
Final Cost Estimate (for Inspection Fee purposes) $16,092
59' Landmarks, Monuments, Lot& Block Comers ($50/ea) $2,950
Sub-Total (for bonding purposes) $19,042
Construction Contingency (10%) $1,904
TOTAL COST ESTIMATE'
(for improvement securities purposes) $20,946 $21,000
•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 $19,950
5% of amount shall be in cash or a Certificate of Deposit $1,050
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 $10,500
Faithful Peformance Security to Guarantee Completion of Plans
...................................................................
...................................................................
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) Q`'
Street Light Plans p`I
Landscaping/Irrigation/Walls
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 $1,000
3% of next$50,000 $0
1% of next$400,000 $0
0.5% of amount over$500,000 $0
Minimum amount $1,000
EXHIBIT A v4/28100 Prepared By: Louis Rocha Date: Print Date:07/09/01 8:58:09 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 4381
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
Final Cost Estimate 410K na
(7%;$300 minimum fee)
21`000 Final Cost Estimate>$10K<$500K 1 140.00
($700+4%of amount over$1 OK)
Final Cost Estimate over$500K na
($20,000+2.5%of amount over$500K)
Less Inspection Fees paid with Early
SewerlWater Construction Agreement 30.00
Less Inspection Fees paid with Early Street
Construction Agreement 0.00
Inspection Fee 1 $1.1 40.00 1 $1.140.
2. MONUMENT CHECK FEE
25 Lots and Oullots $30.00 per Lot 750.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets ® $173.00 per set na na
Warning/Regulatory signs $77.00 sign na 0
4.STREET TREES
0 C Installed(5-gallon)Street Trees per 0 0
kY (5-g ) � $102.00 Tree na na
Inspection Fee(when planted by subdivider) 28.00 per Tree na na
Trees by Covenant(Resolution 98-129;2 treeslLot fronting 50'streets)
5.STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(fx6)
Lum Sum Charge as established by Public Works Director aina na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
25 Lots(anticipated maintenance cost) i31Y:00:per Lot na
Lots(incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
25 assessment district proceedings min) 1500.00
Lum Sum Landscape ares Field Inspection Fee-Parks 0.00 LS $0.001
Total $1.500.001 $1500.00
1:00' Estimated assessment per Lot(information only)
7.IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet $5.00 per LF 0 na
TOTAL MISCELLANEOUS FEES a CHARGES gbil�'ss. 3380 00>:
3 390.O�E
EXHISIT B v10101A0 Prepared B►!Louis Rocha a Rick Sommerville Printed 07/19101 1:57:42 PM Paps 1 W 6
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 4381
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
217551:: Gross Aces
ZSSf Net Acres
Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
Units(residential)
4' LUE(non-residential)
k�FI Zonlng
Input*ugm"if within the Urban Growth Management Area or'no"
1. LOCAL DRAINAGE FEES
FMFCD Drainage Area
Acres per FMFCD per Acre 11 213.00
FMFCD Drainage Area
Acres per FMFCD per Acre 50.00
Less FMFCD Drainage Fee Credits $07=.00
Local Drainage Fee V 411.2113.00:
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage. North:Ciiii ie Avenuri 31 440 SF
M:37
...........
Frontage WwAshcm.Av 378 SF
. ..........
Frontage: 1:1111- *- I'll, .*".*..�...,;�:::;"::'*"�::::::::::::::::,:*,;:**:�::::,.": : ::�...
0 S
Total Square Feet SF
115 818 SF; sub-total Lateral Sewer Charge 0.10 per SF 11,58-1—W-�
Lou estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $11.581.60
(b)Oversize Sewer Charge
UGM Reimbursement Area
Frontage: Norio!CsrrWIi:Avenue:-:;:�:�
Win ........ 1 440:SF
Frontage: WQ Ashcroft Avenue. ..........
J�ili�!iiii!K378 SF
Frontage, SF
Total Square Feet L F
115 816 SF;sub-total Oversize Sewer Charge 0.05 per SF 5 790.80
Lou estimated Oversize Credits
Lou estimated Overdepth Credits
Oversize Sewer Charge 1
(c)Trunk Sewer
Charge
Gisritlarid Trunk Sewer Service Area
25 Units per Unit 1 $10,475.00
(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 par Unit(FMC 9-503-b)
(41 Sewer
acity Enhancement Charge
1,,,, Trunk Sewer Service Area
25 Units 41 per Unit naI nal
EXHIBIT BvIOMM Prepared By.Louis Rocha 6Rick Sommerville Printed 07/13101 1:57:42 PM Page 2 of 6
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 4381
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
Estimate Number
Water Job Number
Estimated Deposit(FMC 14111-f) $0.6n
(b1)Service Connection Charges
25 1"Motors to existing services $320.00 each $8000.00 $0 00 ;8000'.00:
O 1-1/Y Meters to existing services $470.00 each $0.00 $0.00 30:00+
0 2"Meters to existing services
$620.00 each $0.00 10:00 1 ;0:00::
r777777770 1"Services($735)3 Motors(1195) 930.00 each 30.00
0 1-1Q'Services($880)3 Motors($340) 1 220.00 each 30.00 ;O.00i' ;O:OOI
0 2"Services(31,010)i Meters($411) 1 421.00 each ;0.00 0.00'I 30:00
(b2 Landsca Service Connection Charges
0 1"Motors to existing services ;320.00 each $0.001 ;0:00''
0 1-1/2"Motors to existing services $470.00 each $0.00 ;0.00
0 2"Motors to existing services $620.00 each 30.00 ;O.00I'.
1"Services($735)3 Motors($195) 3930.00each12-1
0 1-1Q'Services($880)b Motors($340) $1.220.00 each $
0.00 30.00
`:0 2"Services($1,010)S Motels($411) ;1 421.00 each ;0.00 ;0.00 i
(c)Frontage Char e
Frontage: . 0=LF
Frontage: R':.LF
Frontage: 0' LF
Sub-Total Uneal Foot(%rate) OLF
l�J LF; subtotal Frontage Charge(%rate) 33.25 per LF na
Frontage: �A.
Nortli':Game ie Xvenue : €ii € : U=
Frontage: UFror►ta LF
Sub-Total Uneal Foot(full rate) 1,158 ILF
1 158 LF; sub-total Frontage Charge(full rate) 6.50 per L 7 527.00
Sub-Total Frontage Charge $7,527.001
Less estimated Frontage Charge Credits
Frontage Charge 27.00 Ot001' 3T537t001
(d Fire Hydrant Charge
"12Q'016: SF;residential zoning 30.75 per 100 SF
•n -r Iden al zoning 25 100 SF ::;;::::::::p;;::;:::::as:::.na ;:::n
SF, on as d z g � per
(e Transmission Grid Main Charge
iii B UGM Reimbursement Area
2.7551 Gross Acres ® 3560.00 per Gr Acre na
2.7551 Not Acres 3700.00 per Net Ac 31,928.57
Loss EstimatedTGM Construction Credits
Transmission Grid Main Charge I$
E)6N8rT 8 v10001100 Prepped 8Y t.ouls Roche 8 Rick SwwwMile Printed 07113001 1:57:42 PM Page 3 of 8
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 4381
AMOUNT
EXTENSION NET AMOUNT DUE DEFERRED
( Transmission Oral Main Bond Debt Service Charge
2.7551 Gross Acres =243.00 per Gr Acre na
2.7551
Not Acres =304.00 per Net Ac =837.55
Less EsdmatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $937M••
••Subject to vesting tentative map date,tee
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
effeeL
( UGM Water Supply Fee
301a Supply Well Service Area
2-51 Living Units(residential) 447COOI'per Unit 11 050.00
DO Living Unit Equivalents(LUE);non-residential 0:00':per Unit 0.00
Lm Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $11,050.00 $11,050.00
(h Well Head Treatment Fee
301:Well Head Treatment Service Area
25 Living Units(residential) 192:00: per Unit =4 800.00
Living Unit Equivalents(LUE);non-residential =IiIP 0:00.:1 per Unit 50.00
Lm Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $4,800.00 1 $4,800.00
(i Rechara Fee
301 Recharge Service Area
25 Living Units(residentiaq 11:::::::::1:=0:06::per Unit 0.00
DO
Living Unit Equivaients(LUE);non-residential ( ZOOb per Unit 0.00
Lm Estimated Recharge Fee Construction Credits Oi00
Recharge Fee Inn 0.00
U tsi�Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
25 Living Units(residential 60:00:'per Unit S1 Living Unit Unit Equivalents(LUE);non-residential per Unit 0.00
Lm Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $1, 1
0"W B vr0101A0 Prepared By.Louis Rocha a Rick Sommerville Printed 07/1901 1:57:42 PM Paan 4 d e
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 438'
AMOUNT
EXTENSION NET AMOUNT OUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UO�T re Station
FEE
16 Fire Station Service Area
2.7551 Gross Auer (� 51,292:001'per Gr Acre i3 421.83 ��
(b)UGM NEIGHBORHOOD PARK FEE
4 Neighborhood Park Service Area
2.7551 Gross Acres 1' 30.00 per Gr Acre 3388.77
CU M MAJOR STREET CHARGE
E=4 Major Street Zone
2.7551 Adjusted Gross Acres 2 435:00=per AG AcS6 708.67
Less Estimated Major Street Charge Construction Credits Ot00i
Major Street Charge �3.
(d UG -MAJOR STREET BRIDGE CHARGE
E-4 Major Street Bridge Zone
2.7551 Adjusted Gross Acres f` `' 1:35:00.` per AG Ac 371.94
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $371.941
(e)UGM TRAFFIC SIGNAL CHARGE
2.7551 Adjusted Gross Acres per AG Ac 52,369.39
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge
( UGM GRADE SEPARATION CHARGE
E41►Grade Separation Service Area
2.7551 JAdjusted Gross Acres 34S<00:.per AG Ac 950.51
Less Estimated Grade Separation Charge Construction Credits 0:00
Grade Separation Charge
UORADE RAILROAD CROSSING FEE
AS-Grade RRXing Service Area
..........
2.7551Adjusted Gross Acres
1 per AG Ac na
At-Grade RRXing Service Area
2.7551 Adjusted Gross Acres AG Ac na
At-Grade RRXing Service Area
2.7551 Adjusted Gross Acres =.(iii0:00 per AG Ac na
Less Estimated At-Grade RRXing Charge Construction Credits OsOQ
At-Grade RRXing Fee '
(h)UGM TRUNK SEWER FEE
Trunk Sewer Service Area
2.7551 jAdjusted Gross Acres i±30:00:::= per AG Ac na
Less Trunk Sewer Fee Credits a30i00:':
Trunk Sewer Fee 0.00
0G*WT B x10101100 Prepared By.Louis Rocha&Rids Sommerville Pdnbd 07/13101 1:57A2 PM Papa 5 d e
EXHIBIT B Subdivision Agreement for Tract No. 5018, ( Phase III of TTr. 4381
AMOUNT
EXTENSION NET AMOUNT OUE DEFERRED
(ij OVERLAY SEWER SERVICE AREA
I Millbroo day Service Area
1 2.75511Adjusted Gross Acres per AG Ac
Total Impact Fees&Charges 92 8id.75 38 46,12 4t 957'411`11
Note: EXTENSION total includes not results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 13'390 OOi<.
TOTAL(8) IMPACT FEES&CHARGES 33$;4381:2: 341957 d8'
[TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) 541,82812'
EXHWIT 6%1001/00 Prepared BY Louis Roche&Rick Sommerville Printed 07113101 1:57:42 PM Pape ade
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. 5018/UGM 457, is subject to an annual assessment
currently estimated at$ 41.00.
The annual assessment represents my/our fair share of the costs for maintenance of
the landscaped easements maintained by the City within Tract No. 5018/UGM 457. 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.
Me 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
FT504918 SubdvWon Agieementwpd (July 7,2001)
EXHIBIT IV)