HomeMy WebLinkAboutT-5099 - Agreement/Covenant - 8/14/2006 a
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SUBDIVISION AGREEMENT
City of
FftZ=i c%0
PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(559) 621-8650
Tract No. 5.099
of Vesting Tentative Map of Tract No. 5099/UGM
P.W. File No. 10507
THIS AGREEMENT is made this day of Jy ,
2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and MAPLE CREEK, LLC, a California Limited Liability Company,
7405 North Fresno Street, Fresno, California 93270, hereinafter designated and called the
"Subdivider,"without regard for number or Gender.
Subdivision Agreement
Tract No. 5099
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. 5099/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. 5099/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 and approval of the Final Map for filing with the County
of Fresno to record by the City of Fresno.
Subdivision Agreement
Tract No. 5099
Page 3
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.
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 December 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 December 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).
Subdivision Agreement
Tract No. 5099
Page 4
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. 5099,° -.-
per Resolution No. 98-129 requirements for 50- and 56-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 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.
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.
r
Subdivision Agreement
Tract No. 5099
Page 5
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. 84361 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 sewerextensions 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.
Subdivision Agreement
Tract No. 5099
Page 6
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with City Standards within seven (7)days from the
time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction.cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 10-foot landscape easement along the side
property line of Lot 1 which sides-onto the North Maple Avenue frontage of the subdivision.
The Owner has executed a covenant with the City of Fresno guaranteeing maintenance of
the required landscaping until such time as a Maintenance District has been formed to
provide for continued care and maintenance of the required landscaping.
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing District.Additionally,the Subdivider is required to provide notice to each purchaser
of a lot within the subdivision, attesting to the purchasers understanding that the lot will
have an annual landscaping maintenance assessment and that the purchaser is aware of
the estimated amount of the assessment.
j. As a condition of final map approval the Subdivider is required to submit
improvement plans and profiles for sewer, water, storm sewer, street, street lighting,
landscaping/irrigation, grading and walls (FMC§12-10114-3,Double Frontage Lots).
Pursuant to FMC 12-1013 (Improvement Plans and Profiles), the Subdivider has posted
performance security to guarantee that such improvement plans and profiles more
particularly itemized in Exhibit"A,"will be prepared in accordance with the requirements of
the City Engineer.
The Subdivider agrees that, in the event the required improvement plans and profiles have
not been prepared and submitted by the Subdivider to the City for,approval within 90 days
of the execution of this agreement by the City, the City shall use the performance security
posted to cause the preparation of the required improvement plans and profiles.
k. Perform and construct all work shown on the following referenced plans:
a. City Drawing Nos: 10-C-8258 through 10-C-8261 (4 sheets)
inclusive,with Water Job No.4904, 15-C-11110 through 15-C-11115(6 sheets)inclusive,
4-C-707 ( 1 sheet) inclusive; unless specifically omitted herein.
Subdivision Agreement
Tract No. 5099
Page 7
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.
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.
Subdivision Agreement
Tract No. 5099
Page 8
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 requirements of the City Engineer: Said
amounts shall be in the form of cash or a Certificate of Deposit.
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 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.
Subdivision Agreement
Tract No. 5099
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.
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. 5099
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 good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
Subdivision Agreement
Tract No. 5099
Page 11
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or,if the Subdivider is not an individual,upon any person
who has signed this Agreement on behalf of the Subdivider or,at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,.within
twenty-four(24) hours after such personal service of such notice or within forty-eight(48) hours
after the mailing thereof as herein provided,the Subdivider shall not have commenced to maintain
adequate dust control or shall at anytime 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.
Subdivision Agreement
Tract No. 5099
Page 12
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. 5099
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Maple Creek, LLC
Director
Jon R. Ruiz,
PUBLIC WORKS DEPARTMENT A California Limited Liability Company
Gary A. Browns Construction, Inc.
A California Corporation, Member
Michael T. Kim
Assistant Director
ATTEST: By:
GaryA. Br ns, President
REBECCA E. KLISCH
CITY CLERK
B �?
y By:
Deputy Michael Der Manouel, Sr., Member
APPROVED AS TO FORM: By:
Michael ber Manouel, 4 Member
HILDA CANTO NTOY
City Attorney
By. QiIG�
Leon T Marano, Member
By:
Deputy
(Attach Notary Acknowledgments)
DATE:May 7,2003
Tract No. 5099
P.W. No. 10507
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on April 4, 2003, as Document No. 2003 -0076456, Official Records, in the
office of the Fresno County Recorder, of which the Deed of Trust in, by and between
TRUSTOR: Maple Creek, LLC, a California Limited Liability Company -
TRUSTEE: Valley Independent Bank, a California Banking Corporation, and
BENEFICIARY: Valley Independent Bank, a California Banking Corporation, hereby expressly
subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement for Final Map Tract No. 5099.
BENEFICIARY:
Valley Independent Bank
a California Banking Corporation
BY: BY:
,
DATED: — 3 , 200
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Vi-,e, 10 ss.
On Q , beforeme,
ate Name and Title of Officer(e.g.,'Jane Doe,Rotary Public')
personally appeared .Nprn-,4,0Ll�rk}
Name(s)of Signer(s)
5Z 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
ERIC4kFRIESEN the same in his/her/their authorized
Commissions 1326.25 capacity(ies), and that by his/her/their
Notary PUbk.Caldomia signature(s) on the instrument the person(s), or
Fresno Counly the entity upon behalf of which the person(s)
my Comm.E)OM Oa 15.2005 acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above 0�Signatu re of of Nl otary 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 Docurpent
Title or Type of Document:
Document Date: G V3 107Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): -
❑ Partner—❑Limited ❑General
❑ Attorney in Fact
d Trustee
❑ Guardian or Conservator
❑ Other. 1`_
Signer Is Representing: ,p 61k\P�1 lti\ All, ?Ank
0 1999 National Notary Association•9350 De Sob Ave,P.O.Box 2402•Chatsworth,CA 91313-240x2•www.nabonahobuy.orp Prod.No.5907 Reorder..Call 7011--Free 1-600-876-6827
EXHIBIT B Subdivision Agreement for T-5099
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(7%;$300 minimum fee)
$285 630 Final Cost Estimate>$1 OK<..$5001< $11,725.
($700+4%of amount over$10K)
$0 Final Cost Estimate over$500K na
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $3 311.20
Less Inspection Fees paid with Early Street
Constriction Agreement $8 414.00
Inspection Fee $0.00 $0.00
2. MONUMENT CHECK FEE
69 Lots and Outlots @ $30.00 per Lot $2 070.00 $2 070.00
(Min$200)
3. STREET SIGNS
0 Street Name Sign sets @ $173.00 per set $519.00 $519.00
Waming/Regulatory signs @ $77.00 sign $77.00 $77.00
4. STREET TREES
OCity installed(15-gallon)Street Trees @ $129.00 per Tree na na
Inspection Fee(when planted by subdivider) @ $30.00 per Tree $60.00 $60.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STREET RIGHTS OF WAY ACQUISITIOWCONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
24 Lots(anticipated maintenance cost) @ $20.27 per Lot $486.48
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
24 assessment district proceedings @ $0.00 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $2 291.48 $2 291.48
$30.27 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 8 CHARGES $5,017.48 $5,017.48
EXHIBIT B v11/01/01 Printed 05/06103 4:03:57 PM Page 1 of 5
EXHIBIT B Subdivision Agreement for T-5099
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
6.4199 Gross Acres
6.2451 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
24 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
6.4199 Acres per FMFCD @ $3 830 per Acre $24 588.00
Local Drainage Fee $24,588.00 $24,588.001
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: [Maple 16166 SF
Total Square Feet 16 166 SF
16 166 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $1 616.60
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $1,616.601 $0.00 $1,61 .60
(b Oversize Sewer Charge
2 UGM Reimbursement Area
Frontage: Imapie 18166 SF
Total Square Feet 1 16,1 6:61S F
18 166 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $808.30
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge $808.30 $0.00 $808.30
(c)Trunk Sewer Charge
Herndon I Trunk Sewer Service Area
24 Units @ 5496.00 per Unit $11 904.00 $11 904.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
Herndon Trunk Sewer Service Area
24 Units @ $824.00 per Unit $19 776.00 $19 776.00
EXHIBIT 8 01/01/01 Prided 05/06103 4:03:57 PM Page 2 of 5
EXHIBIT B Subdivision Agreement for T-5099
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time 3 Material Charges("Wet-Tie')
2003 0102 1 Estimate Number
4904 lWater Job Number
Estimated Deposit(FMC 14-111-t) $6 600.00 $0.00 (B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
24 1"Meters to existing services $320.00 each $7 680.00 $0.00 $7 680.00
LIS AI><�,e
(c)Frontage Cha e
Frontage: IMaple 162 LF
Sub-Total Lineal Feet('%rate) 162 LF
162 LF; sub-total Frontage Charge('/:rate) @ $3.25 per LF $525.40
Sub-Total Frontage Charge $525.40
Less estimated Frontage Charge Credits
Frontage Charge 1 $525.40 $0.00 $525.40
(d)Fire Hydrant Charge
208 297 SF;residential zoning @ $0.75 per 100 SF $1 562.23 $1 562.23
(e)Transmission Grid Main Charge
A UGM Reimbursement Area
6.4199 Gross Acres @ $560.00 per Gr Acre $3 595.14
Less Estimated TGM Construction Credits
Transmission Grid Main Charge $3 595.14 so-001 $3,595.141
( Transmission Grid Main Bond Debt Service Charge
6.4199 Gross Acres @ $243.00 per Gr Acre $1 560.04
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $1 560.04 $0.001 $1.560.541
( UGM Water Supply Fee
101s Supply Well Service Area
24 1 Living Units(residential) @ $397.00 per Unit $9 528.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $9.528,001 $9.528.00
EXHIBIT 8 v11/01/01 Printed 05/06103 4:03:57 PM Page 3 of 5
EXHIBIT B Subdivision Agreement for T-5099
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(h)Well Head Treatment Fee
101 Well Head Treatment Service Area
24 Living Units(residential) @ $0.00 per Unit
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $0.00 $0.00
(11 Recharge Fee
101 Recharge Service Area
24 Living Units(residential) @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee $0.00 $0.00
(j)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
24 1 Living Units(residential) @ $895.00 per Unit $21 480.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $21,480.001 $0.00 $21,480-00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
13 Fire Station Service Area
6.4189 Gross Acres ® $251.00 per Gr Acre $1 611.39 $0.001 $1 611.39
(b UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
6.4199 Gross Acres @ $1 690.00 per Gr Acre $10849.63 $0. F $10,8741a.63
(c UGSTREET CHARGE
F Major Street Zone
6.2451 Adjusted Gross Acres @ $2 500.00 per AG Ac $15 612.75
Less Estimated Major Street Charge Construction Credits
Major Street Charge $15 612.75 $0.00 $15 612.75
(d UG STREET BRIDGE CHARGE
F1 M
F ajor Street Bridge Zone
6.2451 Adjusted Gross Acres @ $50.00 per AG Ac $312.26
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $312.26 $0.00 $312.26
EXHIBIT 8 01/01/01 Printed 05106M 4:03:57 PM Page 4 or 5
EXHIBIT B Subdivision Agreement for T-5099
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(eUGIC SIGNAL CHARGE
6.2451 Adjusted Gross Acres @ $860.00 per AG Ac $5 370.79
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $5,370.791 1 $0.00 $5 370.79
(0 UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
6.2451 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge $0.00 1 $0.00 $0.00
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
6.2451 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 SERVICE AREA
Millbrook Overlay Service Area
6.2451 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
24 Residential Living Units @ $85.00 per Unit
Total Impact Fees&Charges $144,980.53 $67,358.23 $71 022.30
Note: EXTENSION total includes net results of oonstruction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $5 017.48
TOTAL(B) IMPACT FEES&CHARGES $67 358.23 $71 022.30
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $72,375.71
EXHIBIT B v11101101 Printed 05MM3 4:03:57 PM Pape 5 of 5
STATE OF CALIFORNIA )
COUNTY OF
ON 114"//a 5/ before me, &o0Gc1�
a Notary Publi in and for said State,
plp!rsonallapp�eared A • i3tO w h s 17;C- -11 Al &C e,
/YCla eC /Jer//Ia.vc�ueL,Jr,, r�.0 �co.y /_ L�.aya
personally known to me (or-Z rrwc ? f mo no F� baG� c r,f
evide=e) to be the person (s) whose name (s) iSJare
subscribed to the within instrument and acknowledged to me that
he4she/they executed the same in histher/their authorized
capacity(ies) , and that by hi-s�/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 and and official seal .
Notary Publi in d for said County and State
GEORGE R.CALLAGHAN
COMM.#1382069
NOTARY PUBUIC-CALFORNIA
FRESNO COUNTY
IaMy Comm.Expires Nov.6,2006