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HomeMy WebLinkAboutT-5066 - Agreement/Covenant - 8/14/2006 46* When Recorded Mail To: Ar City Clerk CITY of FRESNO 2600 Fresno Street Fresno, CA 93721-3603 200'Z010't10� 061't012002, NO FEE- GOVERNMENT CODE 6103 CITY of FRESNO PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section PROJECT ID: TRACT NO. 5066 FINAL MAP OF TRACT NO. 5066 -AGREEMENT AND SUBORDINATION SUBDIVISION AGREEMENT City of ��l,, W - PUBLIC WORKS DEPARTMENT 2600 FRESNO STREET FRESNO, CALIFORNIA 93721-3616 (209) 498-1602 Tract No. 5066 Phase IV of Vesting Tentative Map of Tract No. 4677/UGM P.W. File No. 10412 THIS AGREEMENT is made this day of J urJ E 2002, by and between the City of Fresno, a'Municipal Corporation, hereinafter designated and called the"City,"and Synergy-Golden Dawn,LLC,a California Limited Liability Company, 15230 Burbank Boulevard, Suite 108, Van Nuys, California, 91411, hereinafter designated and called the "Subdivider,"without regard for number or Gender. Subdivision Agreement Tract No. 5066/UGM Page 2 RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Owner and located within the corporate limits of the City, and known and described as Tract No. 5066/UGM, said Owner has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. B. The City requires, as a condition precedent to the acceptance and approval of said map,the dedication of such streets,highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on said map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. D. The Subdivider desires to 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. d Subdivision Agreement Tract No. 5066/UGM Page 3 AGREEMENT In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree as follows: 1. The Subdivision is subject to the following: a. The work and improvements shall be performed hereinafter specified on or before October 5, 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, October 5 2004, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Lot comer monumentation shall be completed to the satisfaction of the Director of Public Works as provided by Code, on or before October 5, 2003, (The developer may submit a written request to the Public Works Director for an extension of time to complete lot comer monumentation). d. The Street trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parks Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant,or to inspect the required Street Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT"B,°attached hereto and made a part of this Agreement and/or the "Statement of Covenants Affecting Land Development to Plant and Maintain Front Yard Trees," per Resolution No. 98-129 requirements for 50- and 56-foot local street patterns. 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 Subdividers 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 td constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. Subdivision Agreement Tract No. 5066/UGM Page 4 f. No certificates of occupancy will be issued nor any human occupancy allowed for any building on any lot of the subdivision until permanent sanitary sewer and water service is determined to exist by the Director of Public Utilities Department. g. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of the Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. The Subdivider shall file a written request for a time extension with the Director of Public Works prior to the above noted date, who shall ascertain the facts and determine the extent of justifiable delays,if any. Extension of time for completion of improvements(including street trees planting) may be granted by the Public Works Director with an extension fee from the current Master Fee Schedule based upon the initial estimated total improvement cost. The Director of Public Works shall give the Subdivider written notice of his determination in writing, which shall be final and conclusive. 2. The work and improvements, more specifically shown on the referenced plans and made a part hereof, shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. 3. The work and improvements are as follows: a. Construct all landmarks, monuments and lot comers required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. 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. Subdivision Agreement Tract No. 5066/UGM Page 5 Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Traffic Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with City Standards within seven (7) days from the time said streets are surfaced, or as directed by the City Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with City Standards within seven (7) days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified below as"Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of construction. Should the actual construction cost be less than the deposit, the Subdivider shall be refunded the excess. Should the actual construction cost be greater than the deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be directly responsible for payment. i. As a condition of Tentative Tract Map No. 4677 approval the Subdivider is required to install landscaping and an irrigation system into any landscape easements required for subsequent phases of the Tentative Tract Map 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. Subdivision Agreement Tract No. 5066/UGM Page 6 The signed acknowledgments shall be sent to Chief Engineering Technician of Design Services cto Public Works Department,Engineering Services Division,2600 Fresno Street, Fresno, California 93721-3623. j. As a condition of final map approval, the Subdivider is required to perform and construct all work shown on the following referenced plans ; [City Drawing Nos: 10-C-8133 through 10-C-8137, inclusive, with Water Job No. 4855 (5 sheets); 15-C-10746 through 15-C-10750 with Street Light Plan 4-C-660 (6 sheets) inclusive]. k. Prior to the approval of the Final Map by the City, the Subdivider shall pay to the City and/or execute to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due as a condition of Final Map approval.The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit"B." 1. In connection with assigning figures set forth in Exhibits"A"and"B",the City has made its best faith efforts at predicting the fees, costs and credits of the improvements that will benefit this subdivision and other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements. Reimbursements or credits, if any, to the Subdivider shall be made only in compliance with the provisions of the City's UGM ordinance or any other City ordinance providing for reimbursement or credit. 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. Subdivision Agreement Tract No. 5066/UGM Page 7 In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer of the City. 5. Prior to the approval by the Council of the City of said final map, the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence to business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost Estimate to be conditioned upon the faithful performance of this agreement. i. 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the Final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost Estimate to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials, or equipment to them for said improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. PERFORMANCE SECURITY. Such sums are equal to 100% of the total estimated cost to complete the preparation of the landscape/Irrigation and wall . improvement plans and profiles required. Said amounts shall be cash or a Certificate of Deposit, all to be conditioned upon the faithful performance of this agreement. d. Any and all other improvement security as required by Fresno Municipal Code, Section 12-1016. i Subdivision Agreement Tract No. 50661UGM 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. 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 t Subdivision Agreement Tract No. 5066/UGM Page 9 same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 9. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one (1) year from the date of acceptance of the work. 10. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon,for,or about the performance of the work contracted to be done,and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period of construction. 11. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with City Standard Specifications shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to Subdivision Agreement Tract No. 5066/UGM Page 10 meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good,and unsuitable materials may be rejected,notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. Subdivision Agreement Tract No. 5066/UGM Page 11 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 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. Subdivision Agreement Tract No. 5066/UGM Page 12 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. H H H Subdivision Agreement Tract No. 5066/UGM Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Synergy-Golden Dawn,LLC, MARK I. WILLIAMSON, P.E., DIRECTOR a California Limited Liability Company PUBLIC WORKS DEPARTMENT By: ATTEST: By' Daniel L. Sabah, Managing Member REBECCA E. KLISCH CITY CLERK Deputy (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney i By: Deputy DATE:May 20,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �? K State of California ss. County of / �(./ before me, On Date Name and Tit 'of icer( a Doe,Nota ubti personally appeared ��/Z�C.�' '24Z `^ Name(s)of Signer(s) S ^� ❑personally known to me roved to me on the basis of satisfactory evidence to be the person(`s� whose name( is/3lw subscribed to the within instrument and acknowledged to me that he/sl%q/tNy executed the same in his/he,,r/their authorized CAROL MIN YOUNG capacity(ie� ws and that by his7hth<ir ? S' Commission#1243696signaturOK on the instrument the persorrfs)•, or Notary PubiiC-Calffomia the entity upon behalf of which the person ; Fresno County acted, executed the instrument. My COMM.Expires Nai?br2103 WIT ESS my hand and off' ' seal. ' Signature of Nota�lfy ublic 1 OPTIONAL t; Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment or this form to another document. t Description of Attached Do ument• a �• .1 Title or Type of Document: T Document Dat 9, ;`DO L Number of Pages: Signer(s)Other Than Named Above: ?� }' Capacity(les) Clai by Signer Signer's Name: Top of thumb here �.; ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General L] Attorney-in-Fact ❑ Trustee T -S ❑ Guardian or Conservator C] Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 ' May=22_ 02 02 : 21P Yamabo & Horn Eng . 559244320 P _ 0% SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on February 26, 1999, as Document No. 1999-0030821 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Synergy-Golden Dawn LLC, a California Limited Liability Company, and TRUSTEE: Chicago Title Company, a California Corporation, and BENEFICIARY: Golden Dawn-Fresno, L.P. a California Limited Partnership, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement(Final Map of Tract No. 5066). DATED: , 2002 BENEFICIARY: Golden Dawn-Fresno, L.P., a California limited partnership By: HHP/MS #1 GP, L.P., a California limited partnership General Partner By: Hearthstone, Inc., a Calif;enigent-G= i Gener By: oeneraounsel (Trustee to Type Names,Titles & Attach Notary Acknowledgments) State of California } ) ss. County of San Francisco ) On May 22, 2002, before me, Angie Wong, Notary Public, personally appeared TRACY T. CARVER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ANG1E WONG m '"t COMM,0 1280183 0 w� NOTARY PUBLIC-CALIFORNIA IlaCITY 8 COUNTY OF SAN FRANCISCO n G COMM,EXP.OCT,13,2004 (Seal) Notary's Signature r SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 29, 2002, as Document No. 2002-0069358 in the office of the Fresno County Recorder of which the Deed of Trust in, by and between TRUSTOR: Synergy-Golden Dawn LLC, a California Limited Liability Company, and TRUSTEE: United Security Bank, and BENEFICIARY: United Security Bank, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement(Final Map of Tract No. 5066). DATED: �, �Z , 2002 TRUSTEE: United Security Bank BY .` - Ka-4'4,ert.�e.. Ka,rS�- (Trustee to Type Names, Titles & Attach Notary Acknowledgments) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I� State of California ss. County of 1 -eos o I I On S�a'1-4 02 before me, iPene?,McI;S �� Y C, Date 1/ Name and Title of Officer(e.g.,"Jane Doe,Nota Public") personally appeared lac-�hQl`l/tie S' — Name(s)of Signer(s) 4-personally known to me Fn e f9 IRI the sfactory e*k1eRee I to be the persons whose name(4 is/0 subscribed to the within instrument and acknowledged to me that /Ej8y*y executed the same in >sfher/tht4 authorized capacity(ip�, and that by >fher/tt; i 49 A. Marie Perez-Mariscal signature(s¢on the instrument the person,or -� Comm.#1242870 the entity upon behalf of which the person(,4— NOTARYPUBLIC-CALIFORNIA FRESNO COUNTY acted, executed the instrument. ~ My Comm.Expires Nov.21,2003 ESS my had d official seal. I I I � I Place Notary Seal Above Signature of ary Pubf I I OPTIONAL 1. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I: Description of Attached Document . Title or Type of Document: I I Document Date: Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Clai,meo ley Signer Signer's Name: PLIer,f"LC ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): 1. ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I' Signer Is Representing: I: ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On ,Tune 12 ,2002, before me, Elvia Sommerville personally appeared Mark I. Williamson personally known to me (or provided to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. REBECCA E. KLISCH CITY CLERK Y DEPUTY EXHIBIT A Subdivision Agreement for Tract 5066 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $78,958 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $67,033 Street Construction Cost Estimate $329,088 Final Cost Estimate(for Inspection Fee purposes) $475,079 154 Landmarks, Monuments, Lot& Block Corners($50/ea) $7,700 Sub-Total(for bonding purposes) $482,779 Construction Contingency(10%) $48,278 TOTAL COST ESTIMATE* (for Improvement securities purposes) $531,057 $531,000 *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 $504,000 5%of amount shall be in cash or a Certificate of Deposit 1 $27,000 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 $265,500 Faithful Performance Security to Guarantee Completion of Plans Street Plans $5,000 Utility Plans(Sewer.Water, Storm Water) $5,000 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100%of amount shall be in cash or a Certificate of Deposit 1 $10,000 71 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 $200 Minimum amount $9,200 EXHIBIT A v4/28/00 Prepared By: Rick Date:04/30/02 Print Date:05/15/02 3:00:37 PM Page l of 1 EXHIBIT B Subdivision Agreement for T-5066 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE SO Final Cost Estimate<$10K nal (7%;$300 minimum fee) 5145 990 Final Cost Estimate>$1 OK<$5001< $6,139.60 ($700+4%of amount over$10K) $0 Final Cost Estimate over$500K na ($20,300+2.5%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $0.00 Less Inspection Fees paid with Early Street Constriction Agreement $0.00 Inspection Fee 1 $6,139.601 $6,139.60 2. MONUMENT CHECK FEE 71 Lots and Outiots $30.00 per Lot $2,130.001 (Min$200) 3.STREET SIGNS L�I Street Name Sign sets $173.00 per set $865.00 $865.00 Waming/Regulatory signs $77.00 sign $693.00 $693.00 4. STREET TREES 00 City installed(15-gallon)Street Trees @ $129.00 per Tree na nal 71 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2,130.00 $2,130.00 Trees by Covenant(Resolution 98-129;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 nal na 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 71 Lots(anticipated maintenance cost) @ $0.00 per Lot na Lots(Incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 71 assessment district proceedings @ $0.00 min) $1,500.00 Lump Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00 Total 1 $1,805.00 $1,805.00 $68.00 Estimated assessment per Lot(information only) 7. IRRIGATION PIPELINE(one-time maintenance fee) 1 Lineal Feet @ $5.00 per LF na nal 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 41/Friant Road/Herndon Corridor 0.0000 jAdjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00 TOTAL MISCELLANEOUS FEES&CHARGES $13,762.60 $13,762.60 EXHIBIT 8 v11101101 Printed 05/15/02 2:56:01 PM Pape 1 of 5 EXHIBIT B Subdivision Agreement for T-5066 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 14.2749 Gross Acres 0.0000 Net Acres 14.2749 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 71 Units(residential) 0 1 LUE(non-residential) R-1 lZoning m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES BM FMFCD Drainage Area 14.2749 Acres per FMFCD @ 54,150 per Acre 559,241.00 Local Drainage Fee ��. $59,241.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Total Square Feet F OSF; sub-total Lateral Sewer Charge @ 50.10 per SF 50.00 Less estimated Lateral Sewer Charge Credits 50.00 Lateral Sewer Charge L . 50.001 $0.00 (b)Oversize Sewer Charge Total Square Feet ®SF 0 SF;sub-total Oversize Sewer Charge @ 50.05 per SF 50.00 Less estimated Oversize Credits $0.00 Less estimated Overdepth Credits $0.00 Oversize Sewer Charge $0.00 50.00 $0.00 (c)Trunk Sewer Charge Fowler Trunk Sewer Service Area 71 Units @ 5344.00 per Unit 24,424.00 (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 acity Enhancement Charge _ na Trunk Sewer Service Area 71 Units @ 50.00 per Unit na nal 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2002 0313 Estimate Number 4855 1 Water Job Number Estimated Deposit(FMC 14-111-f) 1 $5, 50.00 (63) (83) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 71 1"Meters to existing services @ 5320.00 each $2-2 7-20-00-1 $0.00 $22,720.00 EXHIBITS v11101101 Printed 05/15/02 2:56:01 PM Page 2 of 5 EXHIBIT B Subdivision Agreement for T-5066 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (c)Frontage Charge Total Frontage Charge Less estimated Frontage Charge Credits Frontage Charge $0.00 $0.00 $0.00 (d)Fire Hydrant Charge 461,845 SF;residential zoning @ $0.75 per 100 SF $3,462.34 (e)Transmission Grid Main Charge E UGM Reimbursement Area 14.2749 Gross Acres @ $560.00 per Gr Acre $7,993.94 Less Estimated TGM Construction Credits Transmission Grid Main Charge I $0.00 7,993.94 ( Transmission Grid Main Bond Debt Service Charge 14.2749 Gross Acres @ $243.00 per Gr Acre $3,468.80 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge ��. $0.00 $0.00 Subject to vesting tentative map date,fee may not be applicable until 2-years after date of Final Map recordation;when applicable, fee Is due at Building Permit for all un-developed lots at the fee rate then in effect. ( UGM Water Supply Fee 501s I Supply Well Service Area 711 Living Units(residential) @ $507.00 per Unit $35,997.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee 1 $35,997.00 $35,997.00 (h)Well Head Treatment Fee 501 Well Head Treatment Service Area 71 Living Units(residential) @ $207.00 per Unit $14,697.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $14,697.00 $14,697.00 (I)Recharge Fee 501 Recharge Service Area 711 Living Units(residential) @ $61.00 per Unit $4,331.00 Less Estimated Recharge Fee Construction Credits Recharge Fee 1 $4,331.00 $4,331.00 U 1994 Bond Debt Service Fee 501 1994 Bond Debt Service Fee Service Area 71 Living Units(residential) @ $244.00 per Unit $17,324.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee I $17,324.M 0.00 $17,324.00 EXHIBIT 0 01101101 Printed 05/15/02 2:56:01 PM Page 3 of 5 t EXHIBIT B Subdivision Agreement for T-5066 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (e UGM FEE 15 Fire Station Service Area 14.2749 Gross Acres per Gr Acre $0.00 8,636.31 (b)UGM NEIG BORHOOD PARK FEE 2 Neighborhood Park Service Area 14.2749 Gross Acres (cit $1,650.00 per Gr Acre $0.001 1 $23.553.5-9-1 (c)UGR STREET CHARGE 0.1/E-2 Major Street Zone 14.2749 Adjusted Gross Acres per AG Ac 531,119.28 Less Estimated Major Street Charge Construction Credits 50.00 Major Street Charge $31.119.28 50.00 $31,119.28 (d UGM STREET BRIDGE CHARGE D-1/E-21 Major Street Bridge Zone 14.2749 Adjusted Gross Acres 5210.00 per AG Ac 52,997.73 Less Estimated Major Street Bridge Charge Construction Credits 50.00 Major Street Bridge Charge $2,997.731 50.001 $2,997.73 (e)UGM TRAFFIC SIGNAL CHARGE 14.2749 Adjusted Gross Acres per AG Ac 512,276.41 Less Estimated Traffic Signal Charge Construction Credits $0.00 Traffic Signal Charge $12,276.41 ( UGM GRADE SEPARATION CHARGE Grade Separation Service Area 14.2749 Adjusted Gross Acres per AG Ac na Less Estimated Grade Separation Charge Construction Credits 50.00 Grade Separation Charge $0.00 50.00 50.00 ( UG RADE RAILROAD CROSSING FEE At-Grade RRX ing Service Area 14.2749 Adjusted Gross Acres per AG Ac na Less Estimated At-Grade RRX ing Charge Construction Credits 50.00 At-Grade RRX ing Fee C $0.00 0.00 (h UG) M TRUNK SE FEE Trunkk Sewer Service Area 14.2749 Adjusted Gross Acres @ 50.00 per AG Ac Less Trunk Sewer Fee Credits - $0.00 Trunk Sewer Fee s0.00 $0.00 50.00 (I)OVERLAY SEWER SERVICE AREA Millbrook Overlay Service Area 14.2749 Adjusted Gross Acres @ 50.00 per AG Ac na $0.00 Un- a-6. COPPER/WILLOW INFRASTRUCTURE CONTRIBUTIONS Copper/Willow 0.0000 Vehicle TripscQ s0.00 per Vehicle na $0.00 Trip EXHIBrr 8 01101MI Printed 05115102 2:56:01 PM Pegs 4 of 5 a EXHIBIT B Subdivision Agreement for 7=5066 NETAMOUNT E?:TENS+Oh' p!' DEFFRRED 6. POLICE SUBSTATION FEE Informational Only This Fee Due t✓ith Issuance of Building Permit:, Northwest Fresno Service Area OResidential Living Units Jper Unit C�NON-Residential @ E<3n3.0o_jper Gr Acre Total Impact Fees&Charges $278,042.40 $142,1-2.34 $126,621.26 Note: EXTENSION total includes net resu'ts of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $13,762 60 TOTAL(B) IMPACT FEES&CHARGES $142,1 i.34 $126,621.26 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $155,914.94 EXHIBIT 8 v11/01/01 Printed 05/15/02 2.56:01 PM Page 5 of 5 ACKNOWLEDGMENT AND UNDERSTANDING OF LANDSCAPING MAINTENANCE ASSES''ME` 'T 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. 5006/UGM , is subject to an annual assessment currently estimated at $ 68.00. The annual assessment represents my/our fair share of the costs for mainten--nce of the landscaped easements maintained by the City within Tract No. 5006/UG FA. IN,,',- understand that the current estimated assessment is only an estimate fc r t! curve ar and that the current year and that the assessmel It may increase or decreasE. i.-I ';.Aure I/We also understand that by signing this document I/We have not ived r,. '. Ur rights to protest the assessment amount at the noticed annual public hearing heir .,y the Council. Purchaser Date Co-Purchaser Date Subdividers Representative Date FTM66 Subd%4slon Agreement.wo (May 22. 2002) EXH[BIT "C"