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HomeMy WebLinkAboutT-5096 - Agreement/Covenant - 2/15/2005 0 „ Recording Requested by: City Clerk City of Fresno 2600 Fresno Street Fresno, Ca 93721-3603 No Fee-Govt. Code 6103 City of PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10590 SUBDIVISION AGREEMENT FOR TRACT NO. 5096 Subdivision Agreement Tract No. 5096 Page 2 THIS AGREEMENT is made this ZZ _ day of 2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and CENTEX HOMES, a Nevada General Partnership, 1840 South Central Street, Visalia, California 93277, hereinafter designated and called the "Subdivider," without regard for number or Gender. RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City known and described as Tract No. 5096 (hereinafter referred to as the "Final Map" and incorporated into this agreement by this reference) and has requested the City to accept the dedications delineated and shown on the Final Map for the use and purposes specified thereon, and to otherwise approve the Final 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 the Final Map, the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires that any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified. C. Section 12-1014 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 pursuant to the Conditions of Approval for Vesting Tentative Map Subdivision Agreement Tract No. 5096 Page 3 No. 5096/UGM dated December 18, 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 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 Final Map which may ripen into a fee have subordinated to this instrument and that all such instruments of subordination, if any, are attached hereto and made a part of this instrument. 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 the Final Map, and in consideration of finding of substantial compliance with said Tentative Map, 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 July 31, 2006, except as noted below. b. The sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before July 31, 2008. 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 Subdivision Agreement Tract No. 5096 Page 4 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. 5096," 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 III,Article 9 of UFC relating to Fire Department access and water supply. No building permit shall be issued until all Fire Department access and fire fighting water supply requirements have been met. No occupancy permit shall be issued until all Fire Department requirements for occupancy have been met. 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 the subdivision. 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 2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as "Public Works Standards") at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing. Subdivision Agreement Tract No. 5096 Page 5 r r 3. The work and improvements are as follows: a. Construct all landmarks, monuments and lot corners 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. 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 City 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 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 Public Works 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 Public Works Standards within seven (7) days from the time said basins become operational, or as directed by the City Engineer. Subdivision Agreement Tract No. 5096 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. The Subdivider shall install the fencing/walls, landscaping and irrigation system, in accordance with the approved improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the landscape easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the landscaping and irrigation systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the maintenance thereafter. The Subdivider shall provide each prospective purchaser, a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. The improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director. j. Perform and construct all work shown on the following construction plans and any amendments thereto : i. City Drawing Nos:[10-C-8573 through 10C-8579with WaterJob No. 4944 (7 sheets) inclusive, 15-C-11769 through 15-C-11781 (13 sheets) inclusive, Drawing No.4-C-745(1 sheets)inclusive], unless specifically omitted, herein. ii. Fresno Metropolitan Flood Control District Drawing Nos: BM-12-1 through BM-12-5 (5 sheet) inclusive, unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. Subdivision Agreement Tract No. 5096 Page 7 k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the City and /or execute a covenant 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 amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only and that they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. It is further subject to Subdivider's submission and City review of a financial accounting which sets forth those actual costs, and the application, by City, of all relevant Fresno Municipal Code provisions which relate to the Subdivider's payment of fees and reimbursement thereto. This would include any pertinent provisions contained within City's Master Fee Schedule which would also apply to the payment of fees or reimbursements . 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 with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any Public Works Standards 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. 5. Prior to the approval by the Fresno City Council of the Final Map,the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly Subdivision Agreement Tract No. 5096 Page 8 itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final Cost Estimated 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 to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor,materials or equipment to them for said improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. Any and all other improvement security as required by Section 12-1016 of the Fresno Municipal Code. 6. On 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 ora 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. Subdivision Agreement Tract No. 5096 Page 9 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 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. Subdivision Agreement Tract No. 5096 Pagel 0 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 Public Works Standards 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 of Fresno. 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 Subdivision Agreement Tract No. 5096 Page 11 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. Wheneverthe 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 Subdivision Agreement Tract No. 5096 Page 12 private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within twenty-four(24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 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 Subdivision Agreement Tract No. 5096 Page 13 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 Subdivider without the written consent of City. 111 111 Subdivision Agreement Tract No. 5096 Page 14 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, a Municipal Corporation SUBDIVIDER PUBLIC WORKS DEPARTMENT CENTEX HOMES .a Nevada General Partnership By: Centex Real Estate Corporation a Nevada Corporation By: Michael T. Kirn, P.E., Director Its Managing General Partner 4 ATTEST: By. Davi C. Hatch, Division President REBECCA E. KLISCH, CMC CITY CLERK o _ G By: Deputy ( 8 3 1D.4J (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: LTepuly FORM Subdivision Agreement LR June 16,2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County of � ss. I I On lwl, before me, 1/d /Mx/ ( DateName and Title of Officer(e.g.,"Jane Doe,Notary Public') _ personally appeared1 L) q � ( Name(s)of Signer(s) ( 'personally known to me ( ❑ proved to me on the basis of satisfactory evidence t ( 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 t v C.Pl11TPON capacity(ies), and that by his/her/their Commissfon0132N04 signature(s) on the instrument the person(s), or NotaryPubOc-CaffOfDila the entity upon behalf of which the person(s) Twatm county %ffIIAyCtxlrrrt.E�Ne21.Z006 acted, executed the instrument. t sNw WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public f i 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nabonelnotaryorg Prod.No.5907 Reorder.Call Toll-Frae 1-800878-6827 EXHIBIT A Subdivision Agreement for Tract 5096 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $133,052 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $113,210 Street Construction Cost Estimate $1,085,743 Final Cost Estimate (for Inspection Fee purposes) $1,332,005 179 Landmarks, Monuments, Lot& Block Corners ($50/ea) $8,950 Sub-Total (for bonding purposes) $1,340,955 Construction Contingency(10%) $134,096 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,475,051 $1,475,000 *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 $1,401,000 5% of amount shall be in cash or a Certificate of Deposit $74,000 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 $737,500 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 1 $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 aircunt over$500,000 L $4,900 Minimum amount $13,900 EXHIBIT A v4/28/00 Prepared By: Frank Date: 06/14/04 Print Date:06/14/04 9:33:40 AM Page 1 of 1 EXHIBIT B Subdivision Agreement for T- 5096 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<$1 OK na (11.52%;$600 minimum fee) $0 Final Cost Estimate>$10K<$500K na ($4838+3.2.5%of amount over$1 OK) 1 332 005 Final Cost Estimate over$500K $54 905.21 ($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 $54 905.21 $54,905.211 2.MONUMENT CHECK FEE 76 Lots and Outlots @F____$30.00 per Lot r $2 280.00 $2 280.A0 (Min$200) 3. STREET SIGNS ©Street Name Sign sets @ $173.00 per set $1 038.00 $1,038.070 11 Waming/Regulatory signs @ $77.00 sign $847.00 $847.00 4. STREET TREES City installed(15-gallon)Street Trees @ $129.00 per Tree na na 86 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $2 580.00 $2 580.00 OTrees 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 na na 8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 76 Lots(anticipated maintenance cost) @ $289.87 per Lot $22 030.12 Lots(Incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 76 assessment district proceedings @ $0.00 min) $2 300.00 Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00 Total $24,635.121 $24 635.12 $300.00 Estimated assessment per Lot(information only) 7. IRRIGATION PIPELINE(one-time maintenance fee) OLineal Feet @ $5.00 per LF na na 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 411 Fdant Road/Hemdon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00 TOTAL MISCELLANEOUS FEES&CHARGES $86,285.33 $86,285.33 EXHIBIT B 01/01/01 Printed 06/14/04 9:32:32 AM Pepe 1 of 5 r • EXHIBIT B Subdivision Agreement for T- 5096 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 20.2855 Gross Acres 17.4917 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 76 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES Local Drainage Fee 1 $0.00 $0.00(131) (131)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: Fowler Avenue 66 800 SF Total Square Feet 1 66 800 SF 66 800 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6,680.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge 11 $6,680.001 $0.00 $6 680.00 (b)Oversize Sewer Charge 35 UGM Reimbursement Area Frontage: I Fowler Avenue 66,800 SF Total Square Feet 66 800 SF 86 800 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 340.00 Less estimated Oversize Credits $11,864.00 Less estimated Overdepth Credits $10,117.00 Oversize Sewer Charge $0007 $$0.00 Paid w/CredNs (c Trunk Sewer Charge Fowler Trunk Sewer Service Area 76 Units @ 5344.00 per Unit $26 144.00 $26,144.00 (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) (s) Sewer Capacity Enhancement Charge na ITrunk Sewer Service Area 76 Units @ $0.00 per Unit na na }� CoP�r Avenue Sewer Lift Station Benefit Service Area Char e (lr 1Units @ 1 $650.00 per Unit na na ( Fowler Trunk Sewer Interim Fee Surety 10 Units @ 1 000.00 per Unit na na EXHIBIT B v11/01/01 Printed 06/14/04 9:32:34 AM Page 2 of 5 EXHIBIT B Subdivision Agreement for T- 5096 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time&Material Charges('Wet-Tie") 2003 0819 jEstimateNumber 4944 Water Job Number Estimated Deposit(FMC 14-111-f) $10 000.00 $10,00 (b1l)Service Connection Charges 7511"Meters to existing services @ $320.00 each $24,000.00 $0.00 $24 000.00 111-112"Meters to existing services @ $470.00 each $470.00 $0.00 $470.00 (c)Frontage Cha e Frontage: Fowler Avenue 668 LF Sub-Total Lineal Feet(full rate) 668 LF 668 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $4 342.00 Sub-Total Frontage Charge $4 342.00 Less estimated Frontage Charge Credits Frontage Charge $4 342.00 $0.00 $4 342.00 (d)Transmission Grid Main Charge 0 UGM Reimbursement Area 20.2855 Gross Acres @ $560.00 per Gr Acre $11 359.88 Less Estimated TGM Construction Credits Transmission Grid Main Charge $11 359.88 $0.00 $11 359.88 (*)Transmission Grid Main Bond Debt Service Charge 20.2855 Gross Acres @ $243.00 per Gr Acre $4,929.38 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $4 929.38 $0.00 $4 929.38 ( UGM Water Supply Fee 501s Supply Well Service Area 761 Living Units(residential) @ $507.00 per Unit $38 532.00 Less Estimated UGM Water Supply Fee Construction Credits $0.00 UGM Water Supply Fee $38,532.00 $38,532.001 ( Well Head Treatment Fee 501 Well Head Treatment Service Area 76 Living Units(residential) @ $207.00 per Unit $15 732.00 Less Estimated Well Head Treatment Fee Construction Credits $0.00 Well Head Treatment Fee 1 $15,732.00 $15,732.00 (h)Rechargee Fee 5011 Recharge Service Area 76 Living Units(residential) @ F $61.661 per Unit $4,636.00 Less Estimated Recharge Fee Construction Credits 1 $0.00 Recharge Fee $4,636.001 1 $4,636.00 EXHIBIT 8 v11101/01 Printed 06/14104 3.32:34 AM Page 3 of 5 EXHIBIT B Subdivision Agreement for T- 5096 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (1)1994 Bond Debt Service Fee 501 1994 Bond Debt Service Fee Service Area 761 Living Units(residential) @ $244.00 per Unit $18 544.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1 $0.00 1994 Bond Debt Service Fee $18 544.00 $0.00 $18 544.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (aUG�STATION FEE 15 Fire Station Service Area 20.2855 Gross Acres @ $605.00 per Gr Acre $12 272.73 $0.001 $12 272.73 (b)UGM NEIGHBORHOOD PARE(FEE 20.2855 Neighborhood Park Service Area Gross Acres @ $1,650, pe*Gr Acre $33 471.08 $0.001 $33,471.08 (c UG�R STREET CHARGE D-1/E-2 Major Street Zone 17.4917 Adjusted Gross Acres @ $2 180.00 per AG Ac $38 131.91 Less Estimated Major Street Charge Construction Credits $116 370.00 Major Street Charge $0.00 $0.00 Paid w/Credits (d)UGM MAJOR STREET BRIDGE CHARGE D-1/E-2 Major Street Bridge Zone 17.4917 Adjusted Gross Acres @ $210.00 per AG Ac $3 673.26 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $3 673.26 $0.00 $3,673-261 (s)UGM TRAFFIC SIGNAL CHARGE 17.4917 Adjusted Gross Acres @ $860.00 per AG Ac E $15,042.86 Less Estimated Traffic Signal Charge Construction Credits $9,800.00 Traffic Signal Charge $5,242.86 $0.00 $5 242.86 ( UGM GRADE SEPARATION CHARGE Grade Separation Service Area 17.4917 Adjusted Gross Acres @ $0.00 per AG Ac ���nq (g)-UGM TRUNK SEWER FEE Trunk Sewer Service Area 17.4917 Adjusted Gross Acres @ $0.00 per AG Ac na (h OV�EWER SERVICE AREA Millbrook Overlay Service Area 17.4917 Adjusted Gross Acres @ $0.00 per AG Ac na Total Impact Fees&Charges $220,029.19 $95,044.00 $124,985.19 Note: EXTENSION total includes net results of construction credits EXHIBIT 8 v11/01/01 Printed 06/14/04 9:32:35 AM Page 4 of 5 EXHIBIT B Subdivision Agreement for T- 5096 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $86,285.331 TOTAL(B) IMPACT FEES&CHARGES $95,044.00 —$-12-4—,9 B-5-1—9 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $181 329.33 EXHIBIT 8 v11101101 Printed 06/14/04 9:32:35 AM Page 5 of 5 Bond Number-9293232251 Premium: 9 „•...,.i......••.-!«............... .. .... x::::::::- ..............:::,. .... MA :eiiisi:: .. •n�::s:n:::- ilii "" :::::::::::::!::is moi'i `. .ii ... i '• :: ... .... ' ...., .. 'iF•. :. _ : ..-.:...._::. ............. ::: . .• ::• (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and CENTEX HOMES. a Nevada General Partnership (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 20 and identified as project FALCON RIDGE 1, TRACT 5096 , is hereby referred to and made a part hereof, and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW,THEREFORE,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of SEVEN HUNDRED THIRTY SEVEN THOUSAND FIVE HUNDRED AND NO/100-------------------- dollars ($ 737,500.00---- ,for materials furnished or labor thereon of any kind, or for amounts due the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. Itis hereby expressly stipulated and agreed that this bond shall-inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. FAX N0. :5597334308 Jul. 09 2004 04:45PM P4 Subdividers Payment Bond (Subdivision Agreement) Page 2 In witness whereof,this instrument has been duly executed by the principal and surety above named, on JULY 12 , 2004 CENTEX HOMES, a ev a General Partnership By. By: Principal Address of Surety CNA PLAZA THE CONTINENJ4 INSURANCE COMPARY CHICAGO, IL 60685 gy By. ALLYSON DE4. ATTORNEY-IN-FACT Surety Acknowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/2001 ACKNOWLEDGMENT BY SURETY STATE OF Texas 1 ss. County of Dallas ) On this day of 117 2004 before me personally appeared Allyson Dean known to, me to be the Attorney-in-Fact of THE CONTINENTAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. Binion otary Public in the State of Texas (Seal) $tBVen County of Dallas Wary Public.Sres 04W * My COMM Exp S-0230/GEEF 10/99 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Brian M Lebow,Deborah L Griffith,Allyson Dean,Carmen Mims,Bridgette S Jackson,Individually of Dallas,TX,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 29th day of June,2004. .•�j'tjjs'••• �a.PAXr The Continental Insurance Company ; � •�� ''+�;='`• •''. f�' Firemen's Insurance Company of Newark,New Jersey Iwo •lam �' �� ~• Y" :� /� s• • f& ~''••••"' Michael Gengler Senior Yice President State of Illinois,County of Cook,ss: On this 29th day of June,2004,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELOPRICE • NOTARY NIKMIC,RAT!OF{L010I8 W WWRES:MMTR:• My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in f ce. In testimony whereof I ve hereunto subscribed my name and affixed the seal of the said corporations this 1 2=414, day of 0 �.'•'jNp'• PAN? The Continental Insurance Company '�� +�':''• 'z+� Firemen's Insurance Company of Newark,New Jersey i1� �T • �n: SME : _�,.i= S'I+�•• �' Vim. Mary A.Rtbikafps Assistant Secretary Form F6850-11/2001 Bond Number. 92,232, Premium: 406.00 li:::......::�'••........S.Iti.....ili.t .::....�{{.....t...•........!!itlf::::::SSSS.tfRti.tStt.....;�........l...:: •5::::Ltiit•• J. OWN:_ ..yam.....ttl llp•.p....�ii ........ .•.::t:::::::::1:11�............�..�::��.lS:ti::�ii:•,,.::::[�::......;;......•.....��. r•,. ...;��.�''�ti' Sf• :�LT.Itii t1.•1i::il:tftiMi�Ptilltitt ........... :::::::::::::..... :: ...•...' i:::s•.....:.i ... t1. .:: :SS ,.. _ _ ::r: , ....::...ss:......:tett....:::.......::.................:::. .. ..............::.....::...... ...... .... .............. (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and CENTEX HONES a Nevada General Partnership (herein designated as"principal')have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 20—, and identified as projectFALCON RIDGE 1', TRACT 5096 is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, NOW, THEREFORE, we, the principal'and THE CONTINENTAL INSURANCE CONPANYas surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City'l, in the penal sum of ONE MILLION FOUR HUNDRED ONE THOUSAND AND NO/100----------- dollars ($ 1,401,000.00------ ) lawful money of the United States, for the payment of which sum well and truly be made,we bind ourselves,our heirs,successors,executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep,and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their-true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included In any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 4 Faithful Performance Bond (Subdivision Agreement) Page 2 In witness whereof,this instrument has been duly executed by the principal and surety above named, on JULY 12 , 20 04 CENTEX' HOMES yj Nevada General Partnership BY ot ot By.Principal Address of Surety THE CATINENTAL IN69MNCE COMPANY CNA PLAZA By CHICAGO, IL 60685 By. ALLYSON IN. ATTORNEY-IN-FACT Surety Acknowledgment by attorney-in-fact must be attached. Bond Form.wpd Revised 05/14/2001 ACKNOWLEDGMENT BY SURETY STATE OF Texas SS. County of Dallas On this I day of 2004 before me personally appeared Allyson Dean U 0 known to, me to be the Attorney-in-Fact of THE CONTINENTAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. --=-mor 16• Steven ginion Notary Public in the State of Texas (Seal) s * Nota p County of Dallas F� � ry ublic,State of Texas , 4V Comm ExPIr9s 04/22/07 3-0230/GEEF 10/99 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Brian M Lebow,Deborah L Griffith,Allyson Dean,Carmen Minn,Bridgette S Jackson,Individually of Dallas,TX,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 29th day of June,2004. ....... ••••!t_�t�.•.• `SOPAter..` The Continental Insurance Company ►�!� "( .� 1+�;:ff� Firemen's Insurance Company of Newark,New Jersey •� .: • M 8• _: �- pzl. oil Michael Gengler I Senior 7ce President State of Illinois,County of Cook,ss: On this 29th day of June,2004,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the-seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL EUZJ1 PRICE MOTAIN HULK:,RAT!OF RJJIOIf W COMMONIM MM43 MM7M My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is '11 in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of "Ujgv *PAN The Continental Insurance Company �r+�E•'" tif�s Firemen's Insurance Company of Newark,New Jersey :O M\ �• y •t Ver •••'MANNNKA�••� ;�r�'......1'5��� Mary A.Rtbikalgkis Assistant Secretary Form F6850-11/2001