HomeMy WebLinkAboutT-5051 - Agreement/Covenant - 8/14/2006 CONFORMED
COPY
07/09/2002,20020112640
Pecor!hrg e-,;unstjdby
City Clerk. Fresno. California
No Fee-Govt. Code 6103
Return to City Clerk, Fresno
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AS()VE SPACE F.QR RECORDER`S USS QNLY
SUBDIVISION AGREEMENT
Includes "Addendum to Subdivision Agreement"
for Rights-of-Way Acquisition
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 5051
Phase II of Vesting Tentative Map of Tract No. 4493/UGM 524
P.W. File No. 10404
THIS AGREEMENT is made this day of Tuyie
2002, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and The McCaffrey Group, Inc., a California Corporation, 1175 West Shaw
Avenue, Fresno, California 93711, hereinafter designated and called the "Subdivider," without
regard for number or Gender.
Subdivision Agreement
Tract No. 5051
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. 5051/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 Tentative Map Tract
No. 4493/UGM 524 dated October 6, 1993 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. 5051
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on said map, and the approval of
said map for filing and recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before June 30, 2004, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction forthe interior lots of the
subdivision shall be completed on or before May 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 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. 5051,"
per Resolution No. 98-129 requirements for 50- and 56-foot local street
pattens.
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. 5051
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 by the Director of
Public Utilities Department.
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.
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. Subdividers 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
Subdivision Agreement
Tract No. 5051
Page 5
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with City Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 10-foot landscape easement along the side
property lines of all lots which side-onto North Polk Avenue frontage of the subdivision.
The Owner has executed a covenant with the City of Fresno guaranteeing maintenance
of the required landscaping until such time as a Maintenance District has been formed to
provide for continued care and maintenance of the required landscaping.
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing District. Additionally, the Subdivider is required to provide the City of Fresno with
copies of signed acknowledgments (see Exhibit"C") from each purchaser of a lot within
the subdivision, attesting to the 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 Special Districts/Projects and Right of Way
c/o Public Works Department,Engineering Services Division,2600 Fresno Street, Fresno,
California 93721-3623.
Subdivision Agreement
Tract No. 5051
Page 6
j. As a condition of final map approval the Subdivider is required to submit
improvement plans and profiles for sewer, water, storm sewer, street, street lighting,
landscaping/irrigation, grading and walls (FMC §12-10114-3, Double Frontage Lots).
Pursuant to FMC 12-1013 (Improvement Plans and Profiles), the Subdivider has posted
performance security to guarantee that such improvement plans and profiles more
particularly itemized in Exhibit"A," will be prepared in accordance with the requirements
of the City Engineer.
The Subdivider agrees that,in the event the required improvement plans and profiles have
not been prepared and submitted by the Subdivider to the City for approval within 90 days
of the execution of this agreement by the City, the City shall use the performance security
posted to cause the preparation of the required improvement plans and profiles.
k. Perform and construct all work shown on the following referenced plans:
a. City Drawing Nos: [10-C-8106 through 10-C-8112 with Water Job
No. 4851 (7sheets) inclusive, 15-C-10723 through 15-C-10733 ( 11 sheets)
inclusive, 4-C-654 ( 1 sheet) inclusive. unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the City of Fresno standard Specifications and
the construction plans.
I. 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."
M. In connection with assigning figures set forth in Exhibit "B," the City has
made its best faith efforts at predicting the amounts to be credited as reimbursements for
improvements that will benefit other properties. Because the subject improvements have
not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to 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 .
Subdivision Agreement
Tract No. 5051
Page 7
n. Subdivider has attempted but is unable to acquire and dedicate to the City
all easements required for street purposes related to this agreement prior to final map
approval. Pursuant to Section 12-1011(b)(6) of the Fresno Municipal Code, Subdivider
requests that City acquire the necessary easement or dedication through negotiation or
the lawful exercise of the City's power of Eminent Domain. Subdivider agrees to observe
all the terms and conditions of the Addenda to Subdivision Agreement (Right-of-Way
Acquisition) ("Addendum") attached to this Agreement and incorporated herein by this
reference. Subdivider shall deposit with the City the sums in a form required by the Public
Works Director pursuant to the Addendum.
Such sums shall be security to pay the City the initial cost to acquire the necessary
easement, but not limited to:just compensation and damages for the interests acquired,
City legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal
fees, court costs and the related expenditures mentioned in the Addendum to acquire the
easement through the lawful exercise of the City's power of Eminent Domain. If deposited
funds are less than the actual cost to acquire all necessary right-of-way, the Subdivider
shall remit to the City such additional sums as may be required from time to time to
prosecute the matter to the conclusion, such further payment to be made within ten (10)
days of the mailing to the Subdivider of a notice requesting such additional cost. If
deposited sums exceed the actual cost to acquire the subject right-of-way, then at the
conclusion of acquisition proceeding City shall refund the difference as soon as the City
determines the amount of such excess.
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 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
Subdivision Agreement
Tract No. 5051
Page 8
ii 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. PERFORMANCE SECURITY. Total amount to equal 100% of the cost
estimated by the City Engineer to guarantee that improvement plans and profiles not yet
approved will be prepared in accordance with the requirements of the City Engineer: Said
amounts shall be in the form of cash or a Certificate of Deposit.
d. Deposits per Addendum for Right-of-Way Acquisition:
- West Floradora and North Polk Avenues.
e. 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.
Subdivision Agreement
Tract No. 5051
Page 9
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,
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
Subdivision Agreement
Tract No. 5051
Page 10
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
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
6�
Subdivision Agreement
Tract No. 5051
Page 11
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good,and unsuitable materials may be rejected, notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the
laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of
dust by wind or the activity of vehicles and equipment onto any street area or private property
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
l�
Subdivision Agreement
Tract No. 5051
Page 12
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.
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6l�—�
Subdivision Agreement
Tract No. 5051
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
THE McCAFFREY GROUP, INC.
MARK I. WILLIAMSON, P.E., DIRECTOR a California Corporation
PUBLIC WORKS DEPARTMENT
By:
By:
Robert A. McCaffrey, President
ATTEST:
REBECCA E. KLISCH
CITY CLERK
By'
David Ciab ttari, Chief Operating Officer
By:
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY (Attach Notary Acknowledgment)
City Attorney
By:
Deputy
DATE:May 30,2002
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On June 26, 2002, before me, Cindy Hamby, Deputy City Clerk, personally appeared Mark I.
Williamson, Director Public Works Department,known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLIOCH
City Clerk
By
D uty
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On June 4, 2002 , before me, the undersigned, a Notary Public for the State
of California, personally appeared, Robert A. McCaffrey and David Ciabattari,
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
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity(ies) on behalf of which the person(s) acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commission E fres: eptegifice12 002
MICHELE L HOGANN
Commtulon#k 1196145
Notary Pubec_CaNbnta
ftemcaNdy
*C"M- SGP 122n2
Tract No. 5051
P.W. File No. 10404
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain
Deed of Trust recorded on April 29, 1996, in the office of the Fresno County Recorder,
Document No. 96-054302 of which the Deed of Trust in by and between Trend Homes, Inc.,
a California Corporation, as Trustor, American Securities Company, a Corporation, as Trustee
and Wells Fargo Bank, a National Association, as Beneficiary and an agreement to modify
the terms and provision of said Deed of Trust recorded November 7, 2001, in the office
of the Fresno County Recorder, Document No. 2001-0163839, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement for Tract No. 5051, Phase II of Vesting Tentative Map Tract No. 4493/UGM 524
DATED: _ (Jixa 3 , 20
BENEFICIARY
WELLS FARGO BANK.
a National Ass ciation
By:
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA
COUNTY OF Contra Costa ss.
On this 3rd day of June , 20 02 , before me, Carolyn D'Andrea a Notary Public in and for
the State of California, personally appeared Kathleen Slote and Kristin P. Miller personally known to
me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware
subscribed to the within instrument and acknowledged to me that e/they executed the same in
#isA#eOtheir authorized capacity(ies), and that by #istheir 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
\ CAROLYN D'ANDRFA
Commission#1203494 Z
Signature zqPW(yCorr;rn.Bcp71resDec:3.20021
Votary Public Cafifornki
Z Alameda County
d' i
My commission expires December 3, 2002
EXHIBIT A Subdivision Agreement for Tract 5051
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $57,756
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $85,017
Street Construction Cost Estimate $510,189
Final Cost Estimate(for Inspection Fee purposes) $652,962
219 Landmarks, Monuments, Lot& Block Comers($50/ea) $10,950
Sub-Total (for bonding purposes) $663,912
Construction Contingency (10%) $66,391
TOTAL COST ESTIMATE*
(for improvement securities purposes) $730,303 $730,000
*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 $694,000
5%of amount shall be in cash or a Certificate of Deposit 1 $37,000
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 $365,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $1,000
100%of amount shall be in cash or a Certificate of Deposit $1,000
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 -$1,100
Minimum amount $10,100 -
EXHIBIT A v4/28/00 Prepared By: Rick Date: 5/22/02 Print Date:05/29/02 1:45:24 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5051
NET AMOUNT AMOUNT
A. MISCELLANEOUS FEES$CHARGES EXTENSION DUE DEFERRED
1. INSPECTION FEE
SO Final Cost Estimate<$10K na
(7%;$300 minimum fee)
SO Final Cost Estimate>$I OK<$500K na
($700+4%of amount over$10K)
5652,962 Final Cost Estimate over$500K 524,124.05
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $9,402.00
Less Inspection Fees paid with Early Street
Construction Agreement 50.00
Inspection Fee $14,722.05 $14,722.05
2. MONUMENT CHECK FEE
90 Lots and Outlots @ 530.00 per Lot $2.700.00-1
(Min$200)
3.STREET SIGNS
0 Street Name Sign sets @ 5173.00 per set S1 557.00 $1,557.00
10
Warning/Regulatory signs @ 577.00 sign 5770.00 $770.00
4.STREET TREES
r_-City Installed(15-gallon)Street Trees @ 5129.00 per Tree ® nal
1Inspection Fee(when planted by subdivider) @ 530.00 per Tree 560.00 $60.00
OTrees by Covenant(Resolution 88-128;2 trees/Lot fronting 50'streets)
5.STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director I nal na
6.LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
80 Lots(anticipated maintenance cost) @ 54.47 per Lot 5402.30
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
80 assessment district proceedings @ 50.00 min) $1,500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ 5305.00 LS $305.00
Total $2,207.30 1 r----$2-,2-0-7-30-1
548.56 Estimated assessment per Lot(information only)
7.IRRIGATION PIPELINE(on"me maintenance fee)
Lineal Feet @ 55.00 per LF ® nal
S.URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway Frid
Adjusted Gross Acres �
Aj @ 5250.00 per AG Ac $0.001
TOTAL MISCELLANEOUS FEES 6 CHARGES $22,016.35 $22,016.35
EXHIBrr 8 A 1101101 Pdrded 05/29102 1:44:33 PM Pepe 1 of 5
f
i�
EXHIBIT B Subdivision Agreement for T-5051
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
17.6086 Gross Acres
0.0000 Net Acres
17.4482 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
90 Units(residential)
R-1 Zoning
m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CH FMFCD Drainage Area
0.0000 Acres per FMFCD @ SO per Acre na
CK FMFCD Drainage Area
0.0000 Acres per FMFCD ® SO per Acre na
Local Drainage Fee 50.00 (61)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: I Polk 12,700 SF
Total Square Feet SF
12,700 SF; sub-total Lateral Sever Charge ® 50.10 per SF 51,270.00
Lasa estimated Lateral Sewer Charge Credits 50.00
Lateral Sewer Charge I $1,2M.M $0.00 51,270.00
(b)Oversize Sewer Charge
40 UGM Reimbursement Area
Frontage: 112olk 12,700 SF
Total Square Feet F
12 700 SF;sub-total Oversize Sewer Charge ® 50.05 per SF 5635.00
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits $0.00
Oversize Sewer Charge 0.00 635.00
(c)Trunk Sewer Charge
Cornelia Trunk Sewer Service Area
®Units Qt 5419.00 per Unit _$37,7`10.00
(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 Ca cityTru Enhancement Charge
na Trunk Sewer Service Area
90 Unita ® 50.00 per Unit 0 nal
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2002 0228 Estimate Number
4851 Water Job Number
Estimated Deposit(FMC 14-111-f) $8,400.001 50.00 (63)
(63) Deposit paid with Early Construction Agreement
FXWIBrr 0 A 1101101 PfMed 052M 1:44:33 PM Page 2 of 5
O�
EXHIBIT B Subdivision Agreement for T-5051
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b�1 Service Connection Charges
1 J V Meters to existing services @ 5320.00 each 528,800.00 $0.001 $28,800.00
(c)Frontage Charge
Frontage Charge $0.00 $0.00 50.00
(d)Fire Hydrant Charge
575 567 SF;residential zoning @ 50.75 per 100 SF $4,316.75
(e)Transmission Grid Main Charge
B UGM Reimbursement Area
17.6086 Gross Acres @ 5560.00 per Gr Acre 59,860.82
Less Estimated TGM Construction Credits 50.00
Transmission Grid Main Charge 1 $9,860. $0.00 59,860.82
( Transmission Grid Main Bond Debt Service Charge
17.6086 Gross Acres @ 5243.00 per Gr Acre 54,278.89
Less Estimated TGM Bond Debt Service Charge Credits 50.00
Transmission Grid Main Bond Debt Service Charge 1" 0.00 0.00
"Subject to vesting tentative map date,fee
may riot be applicable until 2-years after date
of Final Map recordation;when applicable,
tee Is due at Building Permit for all
un-developed lots at the fee rete then in
effect.
( UGM Water Supply Fee
301s I Supply Well Service Area
90 Living Units(residential) @ 5442.00 per Unit 539,780.00
Less Estimated UGM Water Supply Fee Constriction Credits 50.00
UGM Water Supply Fee $39,780.00 $39,780.0-0-1
(h Well Head Treatment Fee
301 Well Head Treatment Service Area
90 Living Units(residential) @ 5192.00 per Unit 517,280.00
Less Estimated Well Head Treatment Fee Construction Credits 50.00
Well Head Treatment Fee $17,280.00 $17,280.
(i)Recharge Fee
301 Recharge Service Area
90 Living Units(residential) @ 50.00 per Unit 50.00
Less Estimated Recharge Fee Construction Credits 50.00
Recharge Fee 1 sum I so-0-01
Q 1994 Bond Debt Service Fee
301 1994=Debt Service Fee Service Area
90 Living Units(residential) per Unit 55,400.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 50.00
1994 Bond Debt Service Fee $5,400.00 0.00 5 400.00
EXHIBIT 8 A MIMI Printed 05r2M 1:44:33 PM Pep 3 015
EXHIBIT B Subdivision Agreement for T-5051
NET AMOUNT AMOUNT
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS EXTENSION DUE DEFERRED
(a UG�TATION FEE
16 Fire Station Service Area
17.6086 Gross Acres (8 61,242.00 per Gr Acre 521,869.88 0.00 21,869.88
(b UG�BORHOOD PARK FEE
4 Neighborhood Park Service Area
17.6086 Gross Acres @ 61,230.00 per Gr Aare 621,658.58 0.00 621,658.58
(c)UGM MAJOR STREET CHARGE
E-4 Major Street Zone
17.4482 Adjusted Gross Acres (8 62,435.00 per AG Ac 642,486.37
Less Estimated Major Street Charge Construction Credits 693,198.00
Major Street Charge C �� 1 60.00 ai w redits
(d UG) M MAJOR STREET BRIDGE CHARGE
E-4 Major Street Bridge Zone
17.4482 Adjusted Gross Acres @ 6135.00 per AG Ac 62,355.51
Less Estimated Major Street Bridge Charge Constriction Credits 60.00
Major Street Bridge Charge 0 60.00 2,355.51
(e UG)_ M TRAFFIC SIGNAL CHARGE
17[].4482 Adjusted Gross Acres @ 6860.00 per AG Ac 615,005.45
Less Estimated Traffic Signal Charge Construction Credits 60.00
Traffic Signal Charge 1, vv 1 60.00 615,005.45
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
17.4482 Adjusted Gross Acres @ 60.00 per AG Ac
Less Estimated Grade Separation Charge Construction Credits 60.00
Grade Separation Charge $0.001
(qJyUGMRADE RAILROAD CROSSING FEE
At-Grade RRX Ing Service Area
17.4482 Adjusted Gross Acres @ 60.00 per AG Ac na
Less Estimated At-Grade RRX Ing Charge Construction Credits 60.00
At-Grade RRX Ing Fee $0.00 0.00 0.00
(h)UGM TRUNK SEWER FEE
Trunk Sewer Service Area
17.4482 Adjusted Gross Acres (d1 60.00 per AG Aa 0
Less Trunk Sewer Fee Credits 60.00
Trunk Sewer Fee $0.00
(i OVERLAY SERVICE AREA
Millbrook Overlay Service Area
17.4482 Adjusted Gross Aces @ 60.00 per AG Ac $0.00 1 16-001
8. COPPER/WILLOW INFRASTRUCTURE CONTRIBUTIONS
Copper/Willow
0.0000 Vehicle Trips ® 60.00 per Vehicle 0
Trip
EXHIBIT 8 v11/01/01 Prinho 05r2M 1:44:33 PM 138"40(5
EXHIBIT B Subdivision Agreement for T-5051
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
6. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northwest Fresno Service Area
Residential Living Units ® 562.00 per Unit
0 NON-Residential @ 5303.00 per Gr Acre
Total Impad Fees&Charges $167,909.25 $99,086.75 $106,855.24
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $22,016.35
TOTAL(B) IMPACT FEES&CHARGES $99,086.75 $106,855.24
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $121,103.10
EXHIBIT 9 v11/01/01 Printed 115/28/02 1:44:33 PM Page 5 of 5
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and
hereby acknowledge and understand that the property I/We have purchased lot(s)
of Tract No. 5051/UGM 524, is subject to an annual assessment
currently estimated at$_4.9.56.
The annual assessment represents my/our fair share of the costs for maintenance of
the landscaped easements maintained by the City within Tract No. 5051/UGM 524. I/We
understand that the current estimated assessment is only an estimate for the current year and
that the current year and that the assessment may increase or decrease in future years.
I/We also understand that by signing this document I/We have not waived my/our rights
to protest the assessment amount at the noticed annual public hearing held by the City
Council.
Purchaser Date
Co-Purchaser Date Subdividers Representative Date
FTW51 SubdvWon Agreemant.wpd (May 30,2002)
EXHIBIT "C"
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS, this is an addendum ("Addendum") to a subdivision agreement
("Agreement")entered into pursuant to the Subdivision Map Act, specifically, Government
Code Section 66462, affecting the Final Map of Tract No. 5051 ("Final Map"); and,
WHEREAS, Vesting Tentative Map No. 4493/UGM 524, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City of Fresno approved the project subject to certain conditions
of approval,which conditions required several public improvements in order to mitigate the
impacts of the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the Final Map, the Fresno City Council, as the
Legislative Body approving final maps under the Map Act, must find the final map is in
substantial compliance with the tentative map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed
and accepted at the time of approval of the Final Map; and,
WHEREAS,this Addendum pertains specifically to the street improvements beyond
the limits of the Final Map required in the Tentative Map conditions, which require the
Subdivider to develop the infrastructure of, and dedicate the right-of-way for, certain public
streets that will directly or indirectly serve the project; and,
WHEREAS,with respect to such street improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of
final map filing to permit the improvements to have been completed prior to final map filing;
and,
WHEREAS,the Subdivider has notified the City(through the Public Works Director
or Planning and Development Department Director)of the Subdivider's inability to acquire
the necessary easements and rights-of-way by negotiation, and has requested City to use
its best efforts to acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the
necessary easements for the required public right-of-ways, at the expense of the
Subdivider.
Addendum to Subdivision Agreement
Tract No. 5051
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary
easements, including, but not limited to the fair market value of the easements,
legal fees, non-legal staff time, appraisal fees, any necessary court costs.
2. Subdivider shall initially deposit, upon execution of this agreement,the sums set out
in the paragraph below captioned, "Summary of Initial Deposit". Such sums shall
be utilized by the City to acquire the necessary easement and right-of-ways. If the
initially deposited funds are less than the actual full cost to acquire all necessary
rights-of-way, the Subdivider shall remit to the City such additional sums as may
be required from time to time to conclude the matters, such further payments to be
made within ten (10) days of the mailing to the Subdivider of a notice requesting
such additional funds.The notice shall state what costs have been incurred to date,
what additional costs are anticipated; and how the City intends to apply these
additional deposits. Subdivider's dissatisfaction with the adequacy or sufficiency
of the notice for any reason shall not excuse Subdivider from any duty or obligation,
including the obligation to deposit additional sums. If deposited sums exceed the
actual full cost to acquire the subject rights-of-way, then at the conclusion of
acquisition, City shall refund the difference as soon as the City determines the
amount of such excess.
3. Subdivider shall have the option of providing timely appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the
City Attorney, in lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may
increase if City's acquisitions costs related to any City efforts to acquire the
property increase. Subdivider agrees to pay all proper and necessary charges
incurred or paid by City in pursuing the acquisition of the subject property. City
incurs no liability for its failure to accurately or properly estimate the actual costs
incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other
remedies available to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may
summarily revoke any and all permits issued to build such project.
Addendum to Subdivision Agreement
Tract No. 5051
Page 3
b. City may, in its sole discretion, elect to terminate any acquisition
proceedings commenced pursuant to this agreement. If City so elects,
Subdivider shall indemnify and hold City harmless from any and all costs,
fees, damages and expenses incurred as a result of the proceedings and the
termination and abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed
and treat all costs incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so demanded in the notice to
deposit shall be presumed to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect
interest on the amount demanded, to the extent the amounts reflect cost
actually incurred, and upon any amounts thereafter incurred, at the rate of
ten (10) percent per annum until paid. in any action brought by the City as
the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation
costs.
6. It is anticipated that it may be necessary for City to exercise its powers of eminent
domain in order to acquire the necessary public right-of-way easements. Any
determination to proceed with eminent domain will be made by the City Council of
the City of Fresno, upon necessary findings. The City Council does not make any
representations, guarantees or warranties, nor commits under this agreement, that
it will exercise any of its authority or powers of eminent domain.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision
to settle the acquisition proceedings if the proposed compensation exceeds the
opinion of value established by the City's appraisal or the property owner's
appraisal. However, such participation shall be limited to advising City staff where
the giving of such advice does not interfere with, restrict, delay or impede the City
Attorney in the prosecution or compromise of the condemnation proceedings, as
she deems necessary and appropriate in the exercise of her sole professional
judgement and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign
the City's rights and responsibilities under this task to the County in order for the
offsite road conditions to be implemented, the City may do so with written notice to
Subdivider. Upon such assignment, all references to statutorily required actions on
the part of the City in connection with eminent domain proceedings shall be
construed to mean those same actions or legal equivalents on the part of the
County. The Subdivider's responsibilities remain unchanged.
Addendum to Subdivision Agreement
Tract No. 5051
Page 4
9. Compliance with the terms and conditions of this agreement is a condition of
approval of any and all UGM subdivision map projects which are the subject of the
principal agreement to which this ancillary agreement is a part.
10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City
Council finds the Final Map in substantial compliance with the tentative map and
approves the same.
11. Subdivider acknowledges that, by execution of the Agreement, including this
Addendum and the City's acceptance of the Final Map, Government Code Section
66462.5 is inapplicable to this subdivision.
12. Subdivider acknowledges that the tentative map approval was expressly
conditioned upon the street improvement and right-of-way being provided as project
mitigation. Nothing herein shall constitute as a waiver by the City of its police
power or of its authority to protect the public against adverse development project
impacts. Nothing herein modifies the tentative map conditions imposing offsite
street improvements, or of any other tentative map condition, except as expressly
provided for in the Agreement or in this Addendum. Subdivider will not seek to
invalidate any claim or defense made by or on behalf of the City in pursuance of
procurement of the street and right-of-way on any grounds including,but not limited
to, the fact that all or a portion of the street right of way traverses through
unincorporated territory within the jurisdiction of the County of Fresno. Subdivider
agrees to act in good faith in implementing the road condition and to actively assist
City in seeking to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by or for Subdivider in conjunction with the development as security
for the payment of any costs, charges or fees called for by this Agreement.
14. Upon recordation of the Subdivision Agreement to which this addendum is
incorporated by reference, City shall have a lien upon the lands more particularly
described in the Subdivision Agreement as security for the payment of any costs,
charges or fees called for by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide
to Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this
agreement, however, shall not excuse Subdivider's duty to perform any act,
particularly the duty to make full and timely deposits in accordance with any
demands and notices by the City. Upon rendering of the final accounting
referenced herein, Subdivider may question or challenge any use of funds set forth
in such accounting and may appeal same to the City Council.
Addendum to Subdivision Agreement
Tract No. 5051
Page 5
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-
bearing account of the City's choice, and may be co-mingled with other City funds
in such account. Interest accruing upon any such deposit shall inure to and be
created for the benefit of Subdivider, less the City's reasonable or actual costs of
administering the account and less any other charges which may be required or
authorized by law. The parties agree that five per cent of the amount(s) deposited
is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain
consequences in the event of Subdivider's breach, such as inverse condemnation
liability, abandonment(by operation of law)of the condemnation action, and award
to the property owner of her litigation expenses and reasonable attorney's fees and
sanctions imposed by the Permit Streamlining Act (Government Code Section
65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit.
Easement Acquisition for North Polk & West Floradora Avenues
AMOUNT DEPOSITED: ITEM:
. . . . $ 33,275 Appraised value of property
$ 1,000 Escrow Fees
$ 6,000 Real Estate Staff time
. . . . $ 10,000 Attorney Staff time
$ 5,050 Contingency (10%)
. . . . $ 55,500 TOTAL (rounded)