HomeMy WebLinkAboutT-5077 - Agreement/Covenant - 8/14/2006 SUBDIVISION AGREEMENT
City of
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(559) 621-8650
Tract No. 5077
Phase II of Vesting Tentative Map of Tract No. 4868/UGM
P.W. File No. 10498
ND
THIS AGREEMENT is made this�.7iJ dayof ,2003,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and GRANVILLE HOME9INC., a California Corporation, 1396 West Hemdon Avenue,
Suite 101, Fresno, California, 93711, hereinafter designated and called the "Subdivider,"without
regard for number or Gender.
Subdivision Agreement
Tract No. 5077
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. 5077/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. 4868/UGM dated April 18, 2001 issued by the City and any amendments thereto (hereinafter
referred to as Conditions of Approval and incorporated into this agreement by this
reference),hereinafter set forth in detail,within the time hereinafter mentioned, in consideration of
the acceptance of the offers of dedication and approval of the Final Map for filing with the County
of Fresno to record by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument.
F. All such instruments of subordination, if any, are attached hereto and made a part
of this instrument.
Subdivision Agreement
Tract No. 5077
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 September 18, 2004, except as noted in (b)and (c) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before September 18, 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. 5077,"
per Resolution No. 98-129 requirements for 50 and 54-foot local street
patterns.
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 111, Article 9
of UFC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
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.
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.
Suudivision Agreement
Tract No. 5077
Page 4
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 pians and
made a part hereof, shall be done in accordance with the construction standards contained in the
City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by
Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including
all costs of engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks,monuments and lot comers required to locate land
divisions shown on the Final Map. Pursuant to Section 66497 of the State
Subdivision Map Act, prior to the City's final acceptance of the subdivision
and release of securities, the Subdivider shall submit evidence to the City
of Fresno of payment and receipt thereof by the Subdivider's engineer or
surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No.
68-187 and Resolution No. 78-522 or any amendments or modifications
which may be adopted by Council prior to the actual installation of the lights.
The Subdivider shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height,type,spacing,etc.of standards and luminaires shall be
in accordance with Resolution Nos.78-522 and 88-229 or any amendments
or modifications which may be adopted by Council prior to the actual
installation of the lights and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14,Article 1 of the Fresno Municipal Code
and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code
and all applicable charges shall apply.
Subdivision Agreement
Tract No. 5077
Page 5
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 property lines of all lots which side or back-onto the East Teague
Avenue frontage of the subdivision and the 30-foot landscape and
pedestrian easement located between Lots 44&45 of Tract No. 5077. The
Subdivider has elected to annex Tract No. 5077 into the City's Community
Facilities District No.2 and has executed a covenant with the City of Fresno
guaranteeing maintenance of the required landscaping and pedestrian
easement until such time as a Maintenance District has been formed to
provide for continued care and maintenance of the required landscaping.
The Subdivider agrees to provide the "Notice of Special Tax" to each
prospective purchaser of a lot within the subdivision, in accordance with the
provisions of Section 53341.5 of the California Government Code.
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 §12-1011-f-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.
Subdivision Agreement
Tract No. 5077
Page 6
k. Perform and construct all work shown on the following referenced plans:
City Drawing Nos: 10-C-8266 through 10-C-8294(9 sheets)
inclusive,with Water Job No.4899, 15-C-1 0987 through 15-
C-10996 ( 10 sheets) inclusive,4-C-696( 1 sheet) inclusive;
Storm Drain Plans CX-42-1 through CX-42-4 ( 4 sheets) ,
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 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.
With respect to any credits applied any fees, as set forth in Exhibit B, the
City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any
person or property by or from arising out of the granting and/or issuing of
credits. The Subdivider hereby releases and Subdivider agrees to
indemnify,defend,and hold City harmless against all claims,damages,and
liabilities of whatever nature,foreseen or unforseen, howsoever same may
be caused to which City may be subject or which City may incur as a result
of granting and/or issuing Subdivider credits, including but not limited to all
fees and costs incurred in defending any action or proceeding. City shall
promptly notify Subdivider in writing of any Claims which it receives which
Subdivision Agreement
Tract No. 5077
Page 7
may invoke the indemnity obligations of this agreement. Upon receipt of
such notice, Subdivider shall promptly reimburse City the total of said
credits. Said reimbursement in no way relieves the Subdivider of its
obligation to indemnify and defend the City pursuant to this agreement.
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 fhe City and the
Standard Specifications of the City,which said plans and specifications and standards are hereby
referred to and adopted and made a part of this Agreement. In case there are not any standard
specifications of the City for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the State of California, Division
of Highways. All of said work and improvements and materials shall be done, performed and
installed under the inspection of and to the satisfaction of the City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map,the Subdivider shall
furnish to the City the following improvement securities in the amounts more particularly itemized
in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence to business
in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond
or irrevocable instrument of credit; and
ii 5%of the Final Cost Estimate shall be in cash or a certificate
of deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors
performing work on said improvements and all persons furnishing labor,
materials, or equipment to them for said improvements. Payment Security
shall be in the form of a bond or irrevocable instrument of credit.
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
Subdivision Agreement
Tract No. 5077
Page 8
requirements of the City Engineer: Said amounts shall be in the form of
cash or a Certificate of Deposit.
Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
6. Upon acceptance of the required work by the City Engineer,a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of,or owned by, another,whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in,on or about the subdivision of said land covered by this Agreement,
or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save
the City harmless from and against any and all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon the street rights-of-way
in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also
from all injuries to 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
Subdivision Agreement
Tract No. 5077
Page 9
performance of said work. The Subdivider further agrees that the use for any purpose and by any
person of any and all of the streets and improvements hereinbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for, or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance
Act of the State of California,with respect to such work or labor, and shall file with the City pursuant
to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a
valid policy of Workers' Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
Subdivision Agreement
Tract No. 5077
Page 10
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control'as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of 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
Subdivision Agreement
Tract No. 5077
Page 11
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or,if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer.
If, within twenty-four (24) hours after such personal service of such notice or within
forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may, without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor,the entire cost to City
of such sprinkling or treated. When the surfacing on any existing street is disturbed,this surfacing
shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and
the roadway shall be maintained in a safe and passable condition at all times between the
commencement and final completion, and adequate dust control shall be maintained during these
operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
Subdivision Agreement
Tract No. 5077
Page 12
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
JON R. RUIZ , DIRECTOR GRANVILLE HOMES INC.
Public Works Department a California Corporation
By. T— By. .
MICHAEL T. KIRN,Assistant Direct QSEMI, PRESIBEIff
Public Works Department DARIUS ASSEMI, VICE-PRESIDENT
ATTEST:
REBECCA E. KLISCH
CITY CLERK
(Covenantor: Attach Notary Acknowledgments)
By.
Deputy
APPROVED AS TO FORM:
HILDA CANTO ONTO
City Attorney
By:
Deputy
Rev. 09/09/03 FTM 5077
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�- -- -
State of California
ss.
County of {`� �
(� 11
q-'a�b3 meM
before , _ �L47-0 r
On
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared QS1 t lS l:1SS2-�M I
�Name(s)of Signer(s)
� personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
a
AMBER SOUZA capacity(ies), and that by his/her/their
COMM. 1289337 signature(s)on the instrument the erson s or
( NOTARY PUBLIC-CALIFORNIA p ( )'
FRESNO COUNTY .� the entity upon behalf of which the person(s)
My Comm.Expires Jan.31,2005 acted, executed the instrument.
WITNESS my hand an"Not.aryPublic e�1.
I' Place Notary Seal Above Signature o
�I
OPTIONAL
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
,I
Signer(s) Other Than Named Above: ,
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual
I; Top of thumb here i
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
(' ❑ Guardian or Conservator
❑ Other:
I. Signer Is Representing:
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natioralrntary.org Prod.No,5907 Reorder:Celt Toll-Free 1-800-876-6827
Subdivision Agreement
Tract No. 5077
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on January 31, 2002 as Document No. 2002-0016212 in the ofice of the Fresno
County Recorder of which the Deed of Trust in, by and between
TRUSTOR: Granville Homes Inc., a California Corporation, and
TRUSTEE: Financial Title Company, a California Corporation, and
BENEFICIARY: Ralph Brosi, Jr. and Catherine Brosi, Trustees of
The Ralph Brosi, Jr. and Catherine Brosi, Rewcable Trust dated October 5, 1994
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement (Tract Map No. 5077).
DATED: q — cl - 0 3 , 2003
BENEFICIARY: Ralph Brosi, Jr. and Catherine Brosi, Trustees of
The Ralph Brosi, Jr. and Catherine Brosi, Rewcable Trust dated October 5, 1994
By:
Ralph Brosi, Jr., Trustee
By: 1�
Catherine Brosi, Trustee
(Beneficiary to Type Names, Titles &Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of �71C& Ab
I
On q"q-03 before me, , MbOUr ZLALCI, V10+1rV ANSI;C
Date n_ Name and Title of Officer(e.g.,"Jane Do ,Notary Public")
personally appeared dawn, �MZL% 17Cn
. liLl �i Q. C7V-nat
Name(s)of Signer(s)
I
�rsonally known to me
El proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
( AMBER SOUZA capacity(ies), and that by his/her/their
• COMM. 1288337 signature(s) on the instrument the person(s), or
i' = NOTARYPUBLIC-CALIFORNIA �p the entity upon behalf of which the person(s)
C`1
FRESNO COUNTY -" acted, executed the instrument.
I My Comm.Expires Jan.31,2005 It
WITNESS my hand and official seal.
i
K
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
i
Signer(s) Other Than Named Above:
i
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual
Top of thumb here i
i ❑ Corporate Officer—Title(s):
(, ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
( ❑ Guardian or Conservator
❑ Other:
I Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2102•www.naoonalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600-876-6827
EXHIBIT A Subdivision Agreement for Tract 5077
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $139,720
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $120,741
Street Construction Cost Estimate $857117
Final Cost Estimate (for Inspection Fee purposes) $1,117,57811
335 Landmarks, Monuments, Lot&Block Corners($50/ea) $16,7501
Sub-Total (for bonding purposes) $1,134,328
Construction Contingency (10%) $113,433
TOTAL COST ESTIMATE*
(for improvement securities purposes) $1,24717611 $1 248 000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1,186,000
5%of amount shall be in cash or a Certificate of Deposit 1 $62,0001
Payment Security (50%of Total Cost Estimate)
100%of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $624,000
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 $0
100%of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1%of next$400,000 $4,000
0.5%of amount over$500,000 $3,700
Minimum amount $12 700
EXHIBIT A v4/28/00 Prepared By: Rick Date: 09/09/03 Print Date:09/09/03 4:36:40 PM Pagel of 1
EXHIBIT B Subdivision Agreement for T-5077
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate-$10K na
(11.52%;$600 minimum fee)
$0 Final Cost Estimate>$10K-_$5001< na
($4836+3.25%of amount over$10K)
$857 117 Final Cost Estimate over$500K $35 434.80
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 1 $35,434.801 $35,434.8-01
2. MONUMENT CHECK FEE
140 Lots and Outlots @ $30.00 per Lot 200.00 $4 200.00
(Min$200)
3. STREET SIGNS
12 Street Name Sign sets @ $173.00 per set $2 076.00 $2 076.00
l�Waming/Regulatory signs @ $77.00 sign $154.00 $154.00
4.STREET TREES
OCity installed(15-gallon)Street Trees @ F---$-l-29-0-o-1per Tree na
17 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $510.00 $510.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITIOWCONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
140 Lots(anticipated maintenance cost) @ $33.74 per Lot $4 723.60
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
140 assessment district proceedings @ $0.00 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $6 528.60 $6,528.601
$51.42 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
0 Lineal Feet @ $5.00 per LF na na
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Hemdon Corridor
35.3209 Adjusted Gross Acres @ 250.00 per AG Ac $8 830.23 $8,830.231
TOTAL MISCELLANEOUS FEES&CHARGES $57,733.63 $57,733.63
EXHIBIT B v11101101 Prirted 09x21103 10:05:41 AM Page 1 of 4 Revised 09/21/03
EXHIBIT B Subdivision Agreement for T-5077
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
35.9474 Gross Acres
35.3209 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
140 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CX FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee 0.00 1 $0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer charge $0.001 $0- $O.00
(b Oversize Sewer Charge
1 UGM Reimbursement Area
Frontage: Teague 117 808 SF
Frontage: Willow 122 547 SF
Total Square Feet 1 240 355 SF
240 355 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $12 017.75
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 1 $12,017.751 $0.00 $12,017.7-51
(c Trunk Sewer Charge
Herndon Trunk Sewer Service Area
140 Units @ $496.00 per Unit I To be Paid CFD7
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building perk.The fee rate currently in effect is$2.119 per Unit(FMC 9-503-b)
To be Paid CFD7
(e) Sewer Capacity Enhancement Charge
Hemdon Trunk Sewer Service Area
140 1 Units @ $873.00 per Unit 1 $122,220.00
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
2002 1119 Estimate Number
4899 Water Job Number
Estimated Deposit(FMC 14-111-f) 1 $6.600.001 $5 600.00
(b1 Service Connection Charges
130 1"Meters to existing services @ F $320.00 each r $41 600.00 $0.001 To be Paid CFD7
10 1-1/2"Meters to existing services $470.00 each $4 700.00 $0.00 To be Paid CFD7
(b2)Landsca Service Connection Charges
— IZ'Meters to existing services @ $620.00 each 1 $620.001 $620.00
$,SoS N./QrcNEtLE'�� Z y /Z-13-u3
EXHIBIT 8 v11/01/01 Printed 0821/03 10:05:41 AM Page 2 of 4 Revised 0821/03
EXHIBIT B Subdivision Agreement for T-5077
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Charge
Frontage Charge $0.00 $0.00 30.00
(dj Fire Hydrant Charge ��'
1 253 748 SF;residential zoning @ 30.75 per 100 SF f $9,403.111
(e)Transmission Grid Main Charge
A UGM Reimbursement Area
35.9474 Gross Acres @ $560.00 per Gr Acre 320 130.54
Less Estimated TGM Construction Credits 310 000.00
(Phase I creditscanied over per agreement between developer and Public Works
Transmission Grid Main Charge 310 130.54 $0.00 $10,130.91
(fl__Transmission Grid Main Bond Debt Service Charge
35.9474 Gross Acres @ 3243.00 per Gr Acre 38 735.22
Less Estimated TGM Bond Debt Service Charge Credits 30.00
Transmission Grid Main Bond Debt Service Charge 1 $8.7 5.221 $0.00 $8.735.2-21
( UGM Water Supply Fee
101s Supply Well Service Area
140 Living Units(residential) @ 3397.00 per Unit 355 580.00
Less Estimated UGM Water Supply Fee Construction Credits 30.00
UGM Water Supply Fee 1 $55 To be Paid CFD7
(h)Well Head Treatment Fee
101 Well Head Treatment Service Area
40
1Living Units(residential) @ 30.00 per Unit $0.00
Less Estimated Well Head Treatment Fee Construction Credits 30.00
Well Head Treatment Fee 0.001 $0.00
(I Recha a Fee
101 Recharge Service Area
140 1 Living Units(residential) @ 30.00 per Unit 30.00
Less Estimated Recharge Fee Construction Credits 30.00
Recharge Fee 0.001 $0.00
if 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
140 Living Units(residential) @ $895.00 per Unit $125 300.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee 1 3 0 $0.00 To be Paid CF-D-71
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a
UGM FEE
13
Fire
Station Service Area
35.9474 Gross Acres @ $251.00 per Gr Acre 39 022.80 $0.00 $9 022.80
(161 UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
35.9474 Gross Acres @ 31 690.00 per Gr Acre 360 751.11I $0.00 360 751.11
EXHIBIT B v11/01/01 Printed 08/21/03 10:05:41 AM Page 3 of 4 Revised 0821/03
EXHIBIT B Subdivision Agreement for T-5077
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c UG1 M MAJOR STREET CHARGE
F Major Street Zone
35.3209 Adjusted Gross Acres @ $2 500.00 per AG Ac $88 302.25
Less Estimated Major Street Charge Construction Credits $88 302.25
(Phase I creditscarried over per agreement between developer and Public Works
Major Street Charge $0.00 $0.00 $0.00
(d)UGR STREET BRIDGE CHARGE
F Major Street Bridge Zone
35.3209 Adjusted Gross Acres @ $50.00 per AG Ac $1 766.05
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge I $1,796-On $0.00 $1,766.051
(e UGC M TRAFFIC SIGNAL CHARGE
35.3209 Adjusted Gross Acres @ $860.00 per AG Ac S30 375.97
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge 30 $0.00 $30 375.97
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
35.3209 Adjusted Gross Acres @ $0.00 per AG Ac 0
Less Estimated Grade Separation Charge Construction Credits 50.00
Grade Separation Charge 1 $0.001 $0.00 $0.00
( UGK SEWER FEE
Trunk Sewer Service Area
35.3209 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Trunk Sewer Fee Credits
Trunk Sewer Fee $0.00 $0.00 $0.00
(h)OVERLAY SEWER SERVICE AREA
Millbrook Overtay Service Area
35.3209 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00 $0.00
S. POLICE SUBSTATION FEE Informational Only This Fee Due With issuance of Building Permits
Northeast Fresno Service Area
140 Residential Living Units @ $85.00 per Unit
Total Impact Fees&Cha $667,262.55 $137,843.11 $132,799.44
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $57 733.63
TOTAL(B) IMPACT FEES&CHARGES 1 $132 799.44
TOTAL SUBDMSION FEES and CHARGES DUE WITH AGREEMENT cash $195,576.74
EXHIBrT 8 v11/01/01 Printed 08121103 10:05:41 AM Page 4 of 4 Revised 08/11/03