HomeMy WebLinkAboutT-5081 - Agreement/Covenant - 8/14/2006 '; ABUVI SPACF FOR RECORDER'S USS QNII.Y;
SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(559) 621-8650
Tract No. 5081
Phase II of Vesting Tentative Map of Tract No. 5007/UGM
P.W. File No. 10440
THIS AGREEMENT is made this day of ,
2002, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Bonadelle Development Corporation,a California Corporation,2109 West
Bullard Avenue,Suite 133,Fresno,CA.93711,hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
c
Subdivision Agreement
Tract No. 5081/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. 5081/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. 5081/UGM
dated May 1, 2002 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.
s
Subdivision Agreement
Tract No. 5081/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 November 7, 2003, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before, November 7, 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 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.
d.i 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 to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision.
d.ii In addition to the provisions of Condition 41 of said Conditions of Approval,
the Subdivider agrees to obtain, construct and maintain a temporary
C
Subdivision Agreement
Tract No. 5081/UGM
Page 4
emergency fire only lane on other properties pursuant to the recorded
"Statement of Covenants Affecting Land Development for Temporary
Emergency Fire Only Lane"on Assessor Parcel Numbers 577-010-02 and
07, in the manner described in the Fire Department Memorandum to the
Planning Division dated August 30, 2002 (attached as Exhibit"D").
Notwithstanding the provisions of d.i (above) and said Condition 41, no
additional build ing permits for Tract No. 5081 beyond those issued under
the terms of Condition 41, will be issued by the City Building Official until
said temporary fire only lane is duly constructed by the subdivider and
determined to be acceptable for its intended use and purpose by the City
Engineer and the Fire Chief.
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.
Subdivision Agreement
Tract No. 5081/UGM
Page 5
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 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.
Subdivision Agreement
Tract No. 5081/UGM
Page 6
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. 5081 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 purchase'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 Chief Engineering Technician of Design
Services c/o 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-1480 through 10-C-1493, inclusive, with Water Job No. 4886; 15-C-10927 through
15-C-10946,inclusive,Storm Drain Plan R-20-1 through R-20-8 inclusive;Street Light Plan
4-C-671 through 4-C-674, 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."
I. 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.
Subdivision Agreement
Tract No. 5081/UGM
Page 7
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. 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.
Subdivision Agreement
Tract No. 5081/UGM
Page 8
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
L 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. 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.
6. Upon acceptance of the required work by the City Engineer, a warranty security
shall be fumished 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. 5081/UGM
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
of construction.
Subdivision Agreement
Tract No. 5081/UGM
Page 10
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
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
Subdivision Agreement
Tract No. 5081/UGM
Page 11
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 orwithin
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control,the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
Subdivision Agreement
Tract No. 5081/UGM
Page 12
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
H
Subdivision Agreement
Tract No. 5081/UGM
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation BONADELLE DEVELOPMENT CORPORATION,
A CALIFO ORPORATION
DIRECTOR
PUBLIC WORKS DEPARTMENT
By:
By:
JoFn A. Bonadelle, President
ATTEST:
REBECCA E. KLISCH
CITY CLERK
o D (Attach Notary Acknowledgment)
By:
Deputy
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
-------------
By:
Dep ty
DATE:Sept.25,2002
STATE OF CALIFORNIA,
}COUNTY OF Fresno S.S.
On September 27, 2002 , before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared John A. Bonadelle
personally known to me ( FOR NOTARY SEAL OR STAMP
to be
the person whose name(, is/am subscribed to
the within instrument and acknowledged to me that
he/ahw&" executed the same in his/
1 zp^^O�� ANNA M. RENNA
authorized capacity(, and that by his/I ,z�' COMM.#1231165 0o
person
(o,(
sl natureon the instrument the 'A NOTARY PUBLIC-CALIFORNIA W
g Y'/ p Kip or CO ® •o PRINCIPAL OFFICE IN
the entity upon behalf of which the person(O m FRESNO COUNTY
acted, executed the 4ad
nt. °,<,FOA�,� My Commission Exp.Aug.30,2003
WITNE S mAh ' ' al
Signat e
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
TE 180 Legai(2-94)
This form is furnished by Chicago Title Company
SUBORDINATION
The undersigned Trustee, on behalf of the holder of the beneficial interest in and under that certain Deed
of Trust recorded on July 3, 2002, as Document No.2002-0110333 in the office of the Fresno County
Recorder of which the Deed of Trust in, by and between
TRUSTOR: DeYoung Communities, Inc., a California Corporation, and
TRUSTEE: Chicago Title Company, a California Corporation, and
BENEFICIARY: IndyMac Bank, F.S.B.
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement(Final Map of Tract No. 5081).
DATED: Saa" ,+�.� 30 , 2002
TRUSTEE:
Chicago Title Company, a California Corporation
Mark W. Barsotti, Vic dent
By:
z ne C. For i Assistant Secretary
(Trustee to Type Names, Titles&Attach Notary Acknowledgments)
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On September 30, 2002 before me, the undersigned
personally appeared Mark W. Barsotti and Suzanne C. Ford
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose names(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies) , and that by his/her/their
signature(s) on the instrument the person(s) , or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Notarial Seal)
N101MttM. AVILA'
COMM.+11310066 fA
Y
NOTARY PUBLIC-CALIFORNIA V!
Fresno County
Comm.Expkes June^,205&A
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO }
On ,2002, before me, personally
appeared 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
By
DEPUTY
EXHIBIT A Subdivision Agreement for Tract 5081
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $143,050
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $133,340
Street Construction Cost Estimate $1,123,420 J.
Final Cost Estimate(for Inspection Fee purposes) $1,399,810 (A1)
(Al) Estimate includes additional 10%contingency pursuant to Fast Tracking guidelines
512 Landmarks, Monuments, Lot& Block Comers($50/ea) F $25,600
Sub-Total (for bonding purposes) $1,425,410
Construction Contingency (10%) $142,541
TOTAL COST ESTIMATE'
(for improvement securities purposes) $1,567,951 $1,568,000
"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 $1,490,000
5%of amount shall be in cash or a Certificate of Deposit $78,000
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 $784,000
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 I $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 $5,300
Minimum amount $14,3001
EXHIBIT A v4/28/00 Prepared By: Rick Date: 9/18/02 Print Date:09/20/02 9:50:27 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5081
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
SO Final Cost Estimate<$10K na
(7%;$300 minimum fee)
®Final Cost Estimate>$10K<$500K na
($700+4%of amount over$1 OK)
51,399,810 Final Cost Estimate over$500K 342,795.25
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 312,661.00
Less Inspection Fees paid with Early Street
Construction Agreement 30.00
Inspection Fee 30,134.25 $30,134.25
2. MONUMENT CHECK FEE
224 Lots and Outlots (d1 330.00 per Lot $6,720.00
(Min$200)
3.STREET SIGNS
16 Street Name Sign sets (d1 3173.00 per set 32,768.00 $2,768.00
�2 Waming/Regulatory signs (d1 377.00 sign $154.00 $154.00
4.STREET TREES
OCity installed(15-gallon)Street Trees 3129.00 per Tree ® nal
60 Inspection Fee(when planted by subdivider) 330.00 per Tree 31,800.00 $1,800.00
448 Trees by Covenant(Resolution 98-129;2 trees/W fronting 5V streets)
5. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director 0 na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
224 Lots(anticipated maintenance cost) 333.93 per lot 37,600.32
Lots(Incidental expenses:legal fees, per Lot ��
publications,mailings,engineering, ($1,500
224 assessment district proceedings (� 30.00 min) 31,500.00
Lum Sum Landscape area Field Inspection Fee-Parks 3305.00 LS3305.00
Total 39,405.32 $9,405.32
347.70 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-Ume maintenance fee)
DO Lineal Feet 35.00 per LF na na
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
45.3816 Adjusted Gross Acres 3250.00 per AG Ac 311,345.40 11,345.40
TOTAL MISCELLANEOUS FEES 8 CHARGES $62,326.97 $62,326.97
EXHIBIT 8 x11101101 Prkrted 09/2002 1:17:23 PM Pape 1 or 5
EXHIBIT B Subdivision Agreement for T-5081
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
48.2523 Gross Acres
45.3816 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
224 Units(residential)
R-1 Zoning
m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
R-1 FMFCD Drainage Area
48.0013 Acres per FMFCD @ 56,520 per Acre 5312,968.00
Local Drainage Fee $312,969.M 1 $312.968.0-0-1
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Chestnut 23,600 SF
Frontage: Perrin 120,000 SF
Total Square Feet F
143,600 SF; sub-total Lateral Sewer Charge @ 50.10 per SF 514,360.00
Less estimated Lateral Sewer Charge Credits 50.00
Lateral Sewer Charge �.
(b)Oversize Sewer Charge
43 UGM Reimbursement Area
Frontage: Chestnut 23,600 SF
Frontage: Perrin 115,000 SF
Frontage: Willow 89,500 SF
Frontage: Beh mer 39,800 SF
Total Square Feet �` SF
287,900 SF;sub-total Oversize Sewer Charge @ 50.05 per SF 513,395.00
Less estimated Oversize Credits 50.00
Less estimated Overdepth Credits 50.00
Oversize Sewer Charge �� 0.00 513,395.00
(c Trunk Sewer Charge
Herndon Trunk Sewer Service Area
224 Units @ 5496.00 per Unit L 111,1 .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) Smar CapaEnhancement Charge
Tru
Herndon Trunk Sewer Service Area
224 Units @ 5874.00 per Unit
3. WATER CONNECTION CHARGES
(a Time Material Charges("Wet-Tie')
20020605 Estimate Number
4886 Water Job Number
Estimated Deposit(FMC 14-111-n C'$24800.00 0.00 (B3)
(B3) Deposit paid with Early Construction Agreement
EXHIBIT 8 v11/01/01 Printed 09/20/02 1:17:23 PM Page 2 or 5
EXHIBIT B Subdivision Agreement for T-5081
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b1)Service Connection Charges
218 1"Meters to e.,dsting services @ $320.00 each $69,760.00 $0.00 $69,760.00
611-1/2"Meters to ebs&v services @ $470.00 each $2,820.00 $0.00 $2,820.00
(b2)Landsca Service Connection Charges
21 1"Meters to existing services ® $320.00 each 640.00 $640.00
(c)Frontage Charge
Frontage: Chestnut 236 LF
Frontage: Perrin 1,201 LF
Sub-Total Lineal Feet(%rate) 1,437 LF
1,437 LF; sub-total Frontage Charge(%rate) @ $3.25 per LF $4,670.25
Sub-Total Frontage Charge $4,670.25
Less estimated Frontage Charge Credits
Frontage Charge $4,67E25D $0.00 $4,670.25
(d)Fire Hydrant Charge
1,583,940 SF;residential zoning @ $0.75 per 100 SF $11,729.55
(e Transmission Grid Main Charge
AlUGM Reimbursement Area
48.2523 Gross Acres @ $560.00 per Gr Acre $27,021.29
Less Estimated TGM Construction Credits $27,094.00
Transmission Grid Main Charge 1 0.00 a w its
( Transmission Grid Main Bond Debt Service Charge
48.2523 Gross Acres @ $243.00 per Gr Acre $11,725.31
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 0 0.00 11,7 5.31
( UGM Water Supply Fee
101 s Supply Well Service Area
224 1 Living Units(residential) @ $397.00 per Unit $88,928.00
Less Estimated UGM Water Supply Fee Construction Credits $127,000.00
UGM Water Supply Fee ' ($38,07 0.00
(h)Well Head Treatment Fee
101 Well Head Treatment Service Area
224 Living Units(residential) @ $0.00 per Unit
Less Estimated Well Head Treatment Fee Constriction Credits
Well Head Treatment Fee 0.00 $0.00
(i)Recharge Fee
101 Recharge Service Area
224 Living Units(residerrW @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee 1 � $0.00
EXHIBrr 0 v11101101 Printed 0920102 1:1723 PM Pape 3 of 6
EXHIBIT B Subdivision Agreement for T-5081
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
(f 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
224 Living Units(residential) 3895.00 per Unit 3200,480.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 30.00
1994 Bond Debt Service Fee 0.00 $200,480301
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UG T FEE
21 Fire
Station
ation Service Area
48.2523 Gross Acres 31,388.00 per Gr Acre 366,974.19 0.00 66,974.19
(b UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
48.2523 Gross Acres 31,690.00 per Gr Acre $0.001 $81.646.3-91
(c UGM 1 STREET CHARGE
F Major Street Zone
45.3816 Adjusted Gross Acres Q 32,500.00 per AG Ac 3113,454.00
Less Estimated Major Street Charge Construction Credits 30.00
Major Street Charge I� 0.00 11 ,4 .00
(d UGM STREET BRIDGE CHARGE
F Major Street Bridge Zone
45.3818 Adjusted Grose Acres 350.00 per AG Ac 32,269.08
Less Estimated Major Street Bridge Charge Construction Credits 30.00
Major Street Bridge Charge ��M. $0.00 r 32,269.08
(e UG) M TRAFFIC SIGNAL CHARGE
450.3816 Adjusted Gross Acres per AG Ac 339,028.18
Less Estimated Traffic Signal Charge Construction Credits 36,000.00
Traffic Signal Charge $33,028.18 33,028.18
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
45.3816 Adjusted Gross Acres 30.00 per AG Ac
Less Estimated Grade Separation Charge Construction Credits 30.00
Grade Separation Charge *0.00 0.00 0.00
( UGM AT-GRADE RAILROAD CROSSING FEE
At-Grade RRX ing Service Area
45.3816 Adjusted Gross Acres (81 30.00 per AG Ac na
Less Estimated At-Grade RRX ing Charge Construction Credits 30.00
At-Grade RRX ing Fee $6.001
(h UGM TRUNK SEWER FEE
Trunk Sewer Service Area
45.3816 Adjusted Gross Acres 30.00 per AG Ac
Less Trunk Sewer Fee Credits 30.00
Trunk Sewer Fee $0.0
EXHIBrr 0 v11/01/01 Printed 0920/02 1:17:23 PM Page 4 of 5
EXHIBIT B Subdivision Agreement for T-5081
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(1)OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
45.3816 Adjusted Gross Acres @ 50.00 per AG Ac na 0.00
S. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northwest Fresno Service Area
224 Residential Living Units @ 566.00 per Unit
Total Impact Fees&Charges $1,232,715.24 $632,217.55 $614,482.40
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES F $62,326.97
TOTAL(B) IMPACT FEES&CHARGES 5632,217.55 $614,482.40
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $694,544.52
EXHIBITS 01101/01 Prkted 0920102 1:17:23 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. 5081/UGM , is subject to an annual assessment currently estimated at $ 47.70.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No.5081/UGM. 1/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
FT5081 SubcffYfton Agieementwpd (May 22,2002)
EXHIBIT "C"
City Of
r -
10 I".,ki
FIRE DEPARTMENT
DATE: August 30, 2002
TO: PLANNING DIVISION
FROM: MIKE SCHMIDT i-pervising Senior Fire Prevention Inspector
SUBJECT: FIRE DEPARTMENT REQUIREMENTS FOR TRACT NO. T-5007
This tract was originally reviewed using existing public streets to determine the actual travel
distance from temporary Fire Station No.21 to the tract. The distance was determined to be
over three miles and therefore, the UGM ordinance would require that the houses be
sprinklered or only built on every other lot, etc.
The developer has proposed to provide and maintain a temporary"emergency only fire lane"
in approximately the Olympic Avenue alignment that would connect between Millbrook
Avenue and Cedar Avenue. This temporary fire lane would shorten the travel distance
between temporary Fire Station No.21,and Tract No.5007 to three miles or less. Therefore,
with this proposed access in place, we would have no restrictions on construction such as
fire sprinklers, building on intermittent lots, etc.
To implement this change, the following things must happen:
1. Developer must provide a map to show the Location of the proposed fire lane and
the shortened path from temporary Station 21 to T-5007.
2. Developer must provide covenants for the installation and maintenance of the
proposed fire lane.
3. The fire lane shall be a minimum 20' wide all weather surface road capable of
carrying a minimum of 72,000 pounds and approved by Fresno Fine Department.
4. The fine lane shall be installed (approved by Fire Prevention Bureau) prior to
issuance of any building permits.
5. The fire lane shall be maintained until permanent Fire Station No. 21 is occupied
ands epenedlmtaal►
dit
Tract T-W07 Memo EXHIBIT "D y y