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T-5030 - Agreement/Covenant - 8/15/2006
xxx.:.,. .......x x.,>•.::.x,; >,xx >.:;;t,:xx..:.xx,::x.x;::..;x:::.... xx 3 ,xj .,: :ty>i x` }� �,r • �j;:ik '3>'%r.�r•�is> F jiif':n=5' �?3:x :??,(<333 ;3 �g}xyx Dn,:y'�i /►y 6 p��y p 1'1 �+ ,§lss:txt>;r:nt>'3i'�° ,:::i(3'<�>>i,,`� j t 3xilxxF}` • ,... �9�j?3s3 � �x.• �x�i#i�x.x SUBDIVISION AGREEMEN' T City of PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 . (209) 498-1602 Tract No. 5030 Phase IV of Vesting Tentative Map of Tract No. 4881/UGM -457 P.W. File No. 10364 THIS AGREEMENT is made this day of 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. 5030 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. 5030/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 ofFresno 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 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 ofAedication 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 apart of this instrument. Subdivision Agreement Tract No. 5030 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 November 30,2003,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 November 30; 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 November 30, 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 shalt 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. 5030," 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 occupancy permits by the City for dwellings located within said subdivision Subdivision Agreement Tract No. 5030 Page 4 shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. f. No certificates of occupancy will be issued nor any human occupancy allowed for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. g. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays, if any. Extension of time for completion of improvements(including street trees planting) may be granted by the Public Works Director with an extension fee from.-the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of.Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans-and. made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No.84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. _Construct all landmarks,monuments and lot comers required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdividers engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No..68-187 and Resolution No. 78-522 or any amendments or modifications which.may be adopted by Council prior to the actual installation of the lights. .The Subdivider shall.construct a complete underground street fight system as approved by the Traffic Engineer prior to final Subdivision Agreement Tract No. 5030 Page 5 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 consiruction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should-the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. . L 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. 5030 (Phase IV 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 landscape easements. The Owner has.executed a covenant with the City of Fresno accepting the maintenance cost share responsibility of the required landscaping by Subdivision Agreement Tract No. 5030 Page 6 agreeing to be annexed to City's Community Facilities District No. 2 that provides for continued care and maintenance of the required landscaping. The Owner also agrees to sign a petition asking the Council to include this final map in the existing landscape maintenance district.Additionally,the Subdivider is required to provide the City of Fresno with copies of signed acknowledgments (see Exhibit "C") from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual landscaping maintenance assessment and that the purchaser is aware of the estimated amount of the assessment. The signed acknowledgments shall be sent to Public Rights of Way Services Section, c/o 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 Subdividers. submission and City review of a financial accounting which sets forth those actual oosts,. 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 frle.in the Office of the City Engineer of the City and the Subdivision Agreement Tract No. 5030 Page 7 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 shalt 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. 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. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. Subdivision Agreement Tract No. 5030 Page 8 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. B. 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 Subdivider's agents, employees and subcontractors, while engaged in the performance of said Subdivision Agreement Tract No. 5030 Page 9 work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 9. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 10. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in;upon,for,or about the performance of the work contracted to be done,and for any work or labor .thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers:' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 11, initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by.and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. Subdivision Agreement Tract No. 5030 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.partof the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good,and unsuitable materials may be rejected,notwithstanding.the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage,to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City.Engineer by.the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on.all streets within and without the.subdivision on-which work is required to be done under this Agreement from the . Subdivision Agreement Tract No. 5030 Page 11 time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being.maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may,without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may-deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City.Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire'cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen(14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. Subdivision Agreement Tract No. 5030 Page 12 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 writtenc onsent of City. / Subdivision Agreement Tract No. 5030 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 I BY: Covington Family Partnership, By. .0 aalifomia General Partnership, Member ATTEST: REBECCA E. KLISCH B CITY CLERK . 'tch Covington, o Managing General P er By �tlt:aJ Deputy APPROVED AS TO FORM: HILDA CANTO MONTOY (Attach Notary Acknowledgment) City Attomey 2 By: Deputy DATE:September 12,2001 Tract No. 5030/UGM P.W. File No. 10364 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on , in the office of the Fresno County Recorder in Book , Page Document No. of which the .Deed of Trust in by and between as Trustor, as Trustee, and , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 5030, Phase IV of Vesting Tentative Map Tract No. 4381. DATED: , 2001 BENEFICIARY . (Attach Notary Acknowledgement) EXHIBIT A Subdivision Agreement for Tract No. 5030, Phase IV of T.Tr. 4381 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES ................................................................. .................................................................. ................................................................ Water System Construction Cost Estimate $39 743i`' .................................................................. .................................................................. Well Construction Cost Estimate Sewer System Construction Cost Estimate $4 44s Street Construction Cost Estimate 11111111111ili$1144, Final Cost Estimate (for Inspection Fee purposes) $230177 (Al) Estimate includes additional 10%contingency ursuant to Fast Tracking guidelines 85. Landmarks, Monuments, Lot&Block Comers($50/ea) $4,250 Sub-Total (for bonding purposes) $235,029 Construction Contingency (10%) $23,503 TOTAL COST ESTIMATE* (for improvement securities purposes) $258 532 $259,000 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 $246100 5% of amount shall be in cash or a Certificate of Deposit $13,000, 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 $129,5001 Faithful Peformance Security to Guarantee Completion of Plans ............................... Street Plansoffii a (Sewer.Water, o Utility PI ns(Sew W , Storm Water) S h tree Light t P lans ` o a Landsca in /t ati n/W IIs 100% of amount shall be in cash or a Certificate of Deposit $0 C. WARRANTY SECURITY REQUIREMENT" (due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next$50,000 $2,000 1% of next$400,000 $2 000 0.5%of amount over$500,000 $0 Minimum amount $7,000 EXHIBIT A v10111100 .Prepared By,L.Roche Date:0911 N01 Print Date:09113/01 2:40:14 PM Pool of 1 EXHIBIT B Subdivision Agreement for Tract No. 5030, Phase W of T.Tr. 4381 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE 0 Final Cast Estimatea10K r� (7%:$300 minimum fee) Final Cost Estlmats 3=10K c=500K 9531.18 ($700+4%of amourd over$101 ) Final Cost Estlmats over$500K 0 (=20,300+2.5%of amount over$500K) Less Inspection Fees paid wkh Early SewerMster Construction Agreement Less inspection Fees paid with Early Street Construction Agreennent 00„ Inspection Fee X31 $9,531.181 Z. MONUMENT CHECK FEE F:45 Lots and Oudots 30.00 per Lot $1,350.00 (Min$200) S.STREET SIGNS Street Name Sign soft 173.00 per set 519.00 519.00 WamNplRegulaeory signs 77.00 sign $231.00 4.STREET TREES Cky kafalled(15-gallon)Street Trees 129.00 par Tree. a Inspaction Fee(when planted by subdivider) 30.00 per Tree na U T l�Trees by Covenant(Resolution 98-129;2 trewli-d*w&V 50'streets) t STREET RIGHTS OF WAY ACQUISITIOWCONSTRUCTION CHARGE per FMC 11.226((XS) Lump Sum Charge a established by Pubic Works Director L_- a 6.LANDSCAPE MAINTENANCE DISTRICT FEES(CFO-2) ®Loa(an6eipabd nuhter m aos0 • PK Lo I -� Lola(kroidudal expanses:Meal fame. per Lot �P o engineering, (SIAM )min 45 assessment dfstrfct proceedings Trek► L1 00 Sum Landsespe area FWM Inepee6on Fee-Parks LS O.QO Total $1,5w.00 $1500.00. Es6matad assessnnert per Lot(Mforrnauon ony) 7.IRRIGATION PIPELINE(one-dme maintenance fee) �-�i Lineal Feet °' 5.00 per LF L_._ l TOTAL MISCELLANEOUS FEES&CHARGES E1"w 8%wmm BY Lads R6eha&Rick SanwnNvNle .Printed 09/13101 227:09 PMPape 1 of 8 EXHIBIT Subdivision Agreement for Tract No. 50301, Phase Wof T.Tr. 4381 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED Gross Awn Not Acres Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets Units(rasidentiaQ A Ing 'uW 9 within the Urban Growth Manegement Area or'nd' 1. LOCAL DRAINAGE FEES FMFCD Drainage Area(for R-1w/R2 density) . ..... .7876. Acres per FMFCD per Acre 27 626.00 FMFCD Drainage Am Acres per FMFCD per A"s Less Drainage Fees Criidits per Agreement 557(D)-AJ-8 $4 92;00:: Local Drainage Foe 1 $27.134.00 1 2. SEWER CONNECTION CHARGES (8)Lab"sewer ChaW Fr~ .................................. 77MSF .......... .. .................... ................ Frontage: ................. ............... .......... ...... ................ ...... 99SF Frontage: .......... Total Sqtnre Feet _USF --J SF; sub4oW Lateral Sewer Charge . of. -$0.10 per SF $0.001 Lou estimated Lateral Sewer Charge Credits Lateral Sewer Charge 10-00 (b)Oversize Sower Charge r7777M uGm Roirribmsernent Area .............. ........... .............. Frontage: ::::;:::::t::::;;::7W1sF ......................................... ..................... Frontage: .......................... .............................................................I............ ... ........j. SF Frontage: .................................. L=�!Qi SF ..........-�x....................... ................ T4"IkWe Fed SF;sub4aW Oversize Sower Charge 1 $0.05 per SF 0.00 Lass estirnaled Oversize Credlits Lou estimated Ov*"*M Credits Oversize SWAW charge 0 r77777MM. (c)Trunk S~Charge 1����Tfunk Sower Service Area ��Unfts 419. per Unit I $18.855.00 (d) W00(d)Wastewater Facilities Charge Feela be paid at the rate in effect attime of issuance*(WffdkV permit.The fee fais ewnwvIlyin Is$2,119 WUnIt(FMC 9-50-b) (e sewer Www*rnent Charge 45 Units per Unit SOW 8 AM401 ft Louis ROCM 8 Rick SonWrmvills Printed 09M3101 227:00 PM Pepe 2o(B. EXHIBIT B Subdivision Agreement for Tract No. 5030, Phase W of T.Tr. 4381 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time a Material Charges("Wet-Tie) t Estimate Number a83:Water Job Number Estimated Deposit(FMC 14-111-t) (b1 Service Connection Charges _ ::d'5 1'Motors te exbting services $320.00 each 514100.00 0.00?. 14?I00 00 € €?17 1-1/7Mars to oxhstirp servk»s 470.00 each .00 il)iOEf 0.00::. 0 r Meters to exisung services a 620.00 .tech 0.00 0.00 0:00 o r services(1735)a Mars(iter) Q s930.00 each So.00 o.00 0.00 01-1/2•Services($880)a Mars($340) i1 220.00 each $o.00 o.00' l'.00i o r Services($1.010)a Motors($411) 51 azl.00 each so.00 o.00 o;oo (b2 Landsca 3ervke Connection Charges 1'Meters to existing services $320.00 each 0.00 60:00: 9 50.00 1-1/2'Meters to existing services $470.00 each 50.00:' 0 r Meters to existing services $620.00 each $0.00 O.00' 01 1'Services(5735)a Meters 0.00 each 0 �1 1-iR'Services(1880)a Metersors($(1340) � $1,220.00 each 0.00 000: Q r Services(i1,010)tf.Maters($411) it 121.00 team 50.00 ::::::aO:OQ: (c)Frontage Cha Frontage: 0i LF F Frontage. .............: - LF li€[i E iii iiiiii i.i ii€€ €€i Sub-Tote!t.insal Feet(%rate) 1 �JIF; suta-hotel Frontage Charge rate) 3.25 per LF "�."..;; .... • .........=............:..a ;LFFrontage. . lFNiiiii F '€ ' ' ' €€' LF ii :F rotape _. ' = Sub-Total Lineal Feet(full rate) EZAMF LF; sub-toW Frontage Charge(full rate) f� 6.50 per LF Sub-Total Frontage Charge Less estimated Frontage Charge Credits Frontage Charge (d)Fire Hydrant Charge 7 SF;residential zoning 0.75 per 100 SF [- SF;non-residential zoning per 100 SF rete (e)Transmission Grid Main Charge LIGM Reimbursement Area Gross Acres per Gr Acre 13 801.17 h@t Ares 700.00 Not Ac I Less Estimated TOM Construction Credits OtOQ Transmission Grid Main Charge 804e1r B AM41D1 tar m.owir:Rod*a war SornnwAlo Pdoad=13101 227:00 PM Paps 3 of 6 EXHIBIT B Subdivision Agreement for Tract No. 5030, Phase W of T.Tr. 4389 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (1)Transmission Grid Main Bond Debt Service Charge 8.7878 Gross Acres ® 5243.00 per Gr Acre 1649.44 0.0000 Net Acres ® 304.00 per Net Ac 0 Less Estimated TGM Bond Debt Service Charge Credits Oi00i` Transmission Grid Main Bond Debt Service Charge 1 41,549.44 11** . Subject to vesting tentative map date,fee may not be applicable until 2-years alter date of Final Map recordation;when applicable, fee Is due at Building Permit for all un-developed lots at the fee ate then in affect (9)UGM Water Supply Fee Supply Well Service Area 45 Llving units(residential) ® 44Z';OO i per unit 19 890.00 �Uving Unit Equivalents(non-residential) ® ':;;;!.i;;;:';i;; 0;Q0 per LUE 50.00 Low Estimated UGM Water SupplyFee Construction Credits UIGM Water Supply Fee 9. € 1.8890:00;: (h)Well Head Treatment Fee �801:WA head Treatment Service Area Llvnng Units(residential) ® i.i.."_. 1 110i per Unit 8640.00 Uving Unit Equivalents(non-residential) ® i ii ilii: OAO per LUE $0.001 Leas Estimated Well Head Treatment Fee Construction Credits WON Mead Treatment Fee 8640. (1)Recharge Fee 370711 Recharge Un Service Area 45 Living vkp UNts(residential). per Unit 1 $0.001 ©Living Unit Equivalents(nwwoside+tlal) €'impar LUE Leas Estimated Recharge Fes,Construction Credits O OQ Recharge Fee. 1 40.001 Ul 1994 Bond Debt Service Fee 901)1994 Bond Debt Serviu Fee Service Area 45 LMng Units(residentleq ® ii ii .:'s80 011 per unit 2 700.00 OLNkng Unit Equivalents(non-rosklendaQ per LUE Lou Estimated 1994 Bond Debt Service Fee Construcdorn Credits s ilii i i a i .O COi 1994 Bond Debt Service Fee F)0•s8rr 6 vAM4M Br.Louis Roche i tick SOON WANG Prkysd MR30M 271:09 PIN. P"04016 EXHIBIT Subdivision Agreement for Tract No. 5030., Phase Wof T.Tr. 4381 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE Fin Station Service Area 1 6.7878 Gross Acres per Or Acre 8 430.45 (b)UGM NEIGHBORHOOD PARK FEE 1777777777711 Neighborhood Park Service Area 8.7878 Gross Acres per Or Acre i8 348.99 0.001 (c)UGM MAJOR STREET CHARGE MewStreet Zorn 7878 Adjusted Gross Acres per AG Ac 16 528.29 Less Estimated Major Street Charge Construction Credits 7$0.00:1 Major Street Charge (d)UGM MAJOR STREET BRIDGE CHARGE E-41L""Sheet&kip Zorn 8.7878 Aquelod Gross Acres par Ar.Ac 916.35 Less Estimated M4W Street Bridge Charge Construction Credits mew Street Bridge 6% (*)UGM TRAFFIC SIGNAL CHARGE 8.7878 Adjusted Oro'"Acres per AG Ac 5837.51 Low EMIrnalad Traffic Signal Charge Construction Credits Tmft Signal Charge 1 $5,837.51 (f)UGM GRADE SEPARATION CHARGE. Grade Separation Service Area :::::::8.7878 Adjusted Gross Acres per AG Ac S2 1.79 Less Estimated Grade Separation Charge Corwiniction Credits Grade Separation Charge 17777.777,7,93n 177777flm. 7 (g)UGM AT-GRADE RAILROAD CROSSING FEE At-Grade RRX Ing Service Area 8.7878 AdlLmIled Gross Acres AG Ac At-Grade RRX Ing Service Area 8.7878 AcQueled Gross Acres per AG Ac ............ Al-Grade RRX Ing Service Area 8.7878 Adjusted Gross Acres. per AG Ac Less Es*nabd At-Grade RRX Ing Charge Construction Credits A14kaft RRX.Ing Fee VDW 6 v4M4001 By.Carla Roche i PJCk Sow~4ft P.1, OW3101 227-M PM Pape 6de EXHIBIT B Subdivision Agreement for Tract No. 5030, Phase W of T.Tr. 4381 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED (h UOM TRUNK SEWER FEE Trunk Sewer Service Area 6.7878 Adjusted Gross Aeras 0.00 per AG Ac Lass Trunk Sewer Fee Credits !77$0:00i Trunk Sewer Fee 0.00 (1)OVERLAY SEWER SERVICE AREA MI.787 k Graney Grviceoss Area re CO 8.7878 Adjusted Gross Aces � .: 50.00!i' I per AG Ac na 6 POLICE SUBSTATION FEE Inforwoda-W Only This Fee Due With Issuance of Bulldlnp Pwwft Northwest Fresno Service Area 0 Residential Living Units 582.00 per Unit NON-Residential 1303.00 per Gr Acre ToW kwa Fees i Charges Nob: EXTENSION total includes not results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES t CHARGES TOTAL($) IMPACT FEES i CHARGES €i£iillii ="'L.i TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash t7HW S AM4l01 BY Loup RocM i Rick SORN mville PrGetd ON13101 227:09 PM Papp a or a ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSESSMENT I/We the undersigned have been advised by the Subdividers Representative and hereby acknowledge and understand that the property I/We have purchased lot(s) of Tract No. 5030/UGM 457, is subject to an annual assessment currently estimated at$ 27.78. The annual assessment represents my/our fair share of the costs for maintenance of the landscaped easements maintained by the City within Tract No. 5030/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. 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 3ubdividers.RepresentatiVe Date FTM30 SubdW&bn Agreement W0 (September 12,2001) EXHIBITIVY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � County of F/L-erA,b ss. _ On 0 —%-0( , before me, i�e u awi s-m�A/&O Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared /� (/<Nf v46"'i , Name(s)of n6r(s) )<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 • DWANE STRICKLAND acknowledged to me that he/she/they executed cc ' COMM.#11187277 CM3 NOTARY PUBUC-CAUFORMA the same in his/her/their authorized m PRINCIPAL OFFICE IN M capacity(ies), and that by his/her/their FRESNO COUNTY MV Conrnh M EV.June 116,2W2 signature(s) on.the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE hand and offi 'a al. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent frauddlent-removal and reattachment of this form to another document. Description of Attached Document -Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer . Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s):. ❑ Partner—❑ Limited ❑ General 0 Attorney in Fact ❑ Trustee d Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 81313-2402 Prod.N4.5907 Reorder.Call Toll-Free 1-800-876-827