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HomeMy WebLinkAboutT-5101 - Agreement/Covenant - 2/8/2005 (2) I'k1 City of me ,,.. PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10580 SUBDIVISION AGREEMENT FOR TRACT NO. 5101 Subdivision Agreement Tract No. 5101 Page 2 THIS AGREEMENT is made this day of Mai,C11 ,2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and COPPER MAPLE ESTATES I, LP, a California Limited Partnership, 1233 West Shaw Avenue Suite 105, Fresno, CA 93711, 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. 5101 (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 12-1012 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 Vesting Tentative Map No. 5101 Subdivision Agreement Tract No. 5101 Page 3 dated March 26, 2003 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 March 31, 2007, 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 March 31,2009,(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 Subdivision Agreement Tract No. 5101 Page 4 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. 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. 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 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 Subdivision Agreement Tract No. 5101 Page 5 engineering, inspection and testing. 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. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno i Subdivision Agreement Tract No. 5101 Page 6 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. As a condition of Tentative Tract Map No. 5101 approval the Subdivider is required to install landscaping and an irrigation system into any landscape easements required for this, and any subsequent phases of the Tentative Tract Map of the subdivision. A Private Homeowners Association has been formed to provide for continued care and maintenance of the required landscaping. 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-8532 through 10-C-8539 with Water Job No.4935(8 sheets)inclusive, 15-C-11607 through 15-C-11610(4 sheets)inclusive, Street Lighting Plan Drawing No. 4-C-741 (1 sheet)], unless specifically omitted herein. Ii. Fresno Metropolitan Flood Control District Drawing Nos: DE-8-1 through DE-8-3 (3 sheets) 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. 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 Subdivision Agreement Tract No. 5101 Page 7 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 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. L 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and Subdivision Agreement Tract No. 5101 Page 8 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 or a Certificate of Deposit. The warranty security shall be returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,whether such land be privately or publicly owned. 8. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the subdivision of said land covered by this Agreement, or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save the City harmless from and against any and all injuries to and deaths of persons, and all claims, Subdivision Agreement Tract No. 5101 Page 9 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. 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 Subdivision Agreement Tract No. 5101 Page 10 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 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. 5101 Page 11 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or Subdivision Agreement Tract No. 5101 Page 12 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 Subdivider without the written consent of City. Subdivision Agreement Tract No. 5101 Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation COPPER MAPLE ESTATES I, LP JON R. RUIZ, DIRECTOR a California Limited Partnership PUBLIC WORKS DEPARTMENT By: Copper Maple Estates I, Inc. A California Corporation, eneral Partner By: �1Adf,1.l� u • By: Michael T. Kirn, P.E., Assistant Director o f Wilson, President ATTEST: REBECCA E. KLISCH, CMC CITY CLERK U 0 By: (Attach Notary Acknowledgment) Deputy APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy FORM Subdivision Agreement v10-03-03 JonB 2-24-04 STATE OF CALIFORNIA COUNTY OF FRESNO } S.S. On February 26,2004 before me, M.Correa a Notary Public in and for said County and State,personally appeared Leo A.Wilson /A '0014 W CORREA I Comm.#1371251 L ` NOTARY PU6LIC•CALIFORNIA FRESNO COUNTY CO personally known to me (or proved to me on the basis of satisfactory MY COMM.EXPIRES AUG 20,2006 A INE 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, ecuted the instrument. WITNESS my hand and official seal. Signature (This area for official notorial seal) notryack rev.(010698) Tract No. 5101 P.W. File No. 10580 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 26. 2003 , in the office of the Fresno County Recorder as Document No. 2003-0232951 of which the Deed of Trust in by and between: Copper Maple Estates I. LP, a California limited partnership , as Trustor, Financial Title Compare , as Trustee and Housing Capital Company, a Minnesota partnership , Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 5101. DATED: BENEFICIARY Housing Capital Company, a Minnesota partnership By: U� By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California `s . 1 7 /°�. IVy ss. ��,�pp County of 1/041 y 9,2&..04—before On me 4 Date Name an Title of Officer(e.g.,"Jana oe,Notary Public") personally appeared AN Name(s) Signer(s) � sonally known to mei ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or t'er`ra SW*W LOWS the entity upon behalf of which the person(s) Cor►�mt�tlon 1423465 acted,executed the instrument. No1ay Pubic-CawoiNa Raw* WI SS y hand and fficial seal. i My Clrxntn.ExpYst ;10JO7 2 Signk&of Notary Public l ) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer ' Signer's Name: five M11%, ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other: ,I Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod,No.5907 Reorder;Call Toll-Free 1-800-876-6827 Tract No. 5101 P.W. File No. 10580 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on September 26, 2003 , in the office of the Fresno County Recorder as Document No. 2003-0232952 of which the Deed of Trust in by and between: Copper Maple Estates I. LP, a California limited partnership , as Trustor, Financial Title Company , as Trustee and Housing Capital Company. a Minnesota partnership , Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 5101. DATED: 2 Z BENEFICIARY Housing Capital Company, a Minnesota partnership By: By: (Provide name and title of signature and Attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California A � 1 County of /V ss. On A 26,Q4 before m��l� Date me and Title of cer(e.g.,"Jane ,Notary Public") personally appeared am(s)o igner(s) l personally known to me ❑ proved to me on the basis of satisfactory evidence ` to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their i SHIRL6H LOWE signature(s)on the instrument the person(s), or c Cpm on*1423455 the entity upon behalf of which the person(s) HOIM public-ColltonMa acted, executed the instrument. FMW County My Cam.fxpkw X10.2007 WIT S ha d and . ial seal. ;) Si at of Notary Public II 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 or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ) WIN ININ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—O Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 i Signer Is Representing: � 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-600-676-6627 EXHIBIT A Subdivision Agreement for Tract 5101 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $186,080 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $141,544 Street Construction Cost Estimate $622,309 Final Cost Estimate(for Inspection Fee purposes) $949,933 202 Landmarks, Monuments, Lot& Block Corners($50/ea) $10,100 Sub-Total (for bonding purposes) $960,033 Construction Contingency(10%) $96,003 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,056,036 $1 056,000 *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 $1,003,000 5%of amount shall be in cash or a Certificate of Deposit $53,000 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 $528,000 Faithful Performance Security to Guarantee Completion of Plans Street Plans $4,000 Utility Plans(Sewer.Water, Storm Water) $1,000 Street Light Plans $1,000 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit $6,000 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 $2,800 Minimum amount $11,800 EXHIBIT A v4/28/00 Prepared By: Rick Date: 02/19/04 Print Date:02/19/04 2:21:00 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T-5101 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<$10K na (11.52%;$600 minimum fee) $0 Final Cost Estimate>$1OK<$500K na ($4836+3.25%of amount over$1 OK) $949 933 Final Cost Estimate over$500K $39 240.25 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $16 439.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee $22 801.25 $22,801.25 2. MONUMENT CHECK FEE 54 Lots and Outlots @ $30.00 per Lot 1, 0 $1,620.00 (Min$200) 3. STREET SIGNS Street Name Sign sets @ $173.00 per set na nal ®Warning/Regulatory signs @ $77.00 sign $308.00 $308.00 4. STREET TREES OCity installed(15-gallon)Street Trees @ $129.00 per Tree na nal Inspection Fee(when planted by subdivider) @ $30.00 per Tree $270.00 $270.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(8 Lum Sum Charge as established by Public Works Director na nal 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) This map subject to home owners association. 7. IRRIGATION PIPELINE(one-time maintenance fee) OLineal 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 $0.00 $0.00 TOTAL MISCELLANEOUS FEES 8 CHARGES $24,999.25 $24,999.251 EXHIBIT B v11101101 Printed 03115/04 3:15:51 PM Page 1 of 4 EXHIBIT B Subdivision Agreement for T-5909 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 21.7823 Gross Acres 20.4055 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 52 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 $0.001 $0.00 (B1) (B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Lateral Sewer Charge $0.00 $0.00 • Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge 43 UGM Reimbursement Area Frontage: I E.Copper Avenue 67 386 SF Total Square Feet ©SF 67 386 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 369.30 Less estimated Oversize Credits $3,084.00 Less estimated Overdepth Credits $10 282.00 Oversize Sewer Charge $0.001- (c) 0.00 •(c)Trunk Sewer Charge Hemdon Trunk Sewer Service Area 521 Units @ $496.00 per Unit $25,792.661 1 $25,792.00 (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) (els Ca achy Enhancement Charge Hemdon Trunk Sewer Service Area 521 Units @ $873.00 per Unit 5 396.00 $45 396.00 ( Copper Avenue Sewer Lift Station Benefit Service Area Charge 52 Units @ $650.00 per Unit $33 800.00 $4,550.00 • $29,250.00 3. WATER CONNECTION CHARGES (aM49 rial Charges("Wet-Tie") Estimate Number Water Job Number Estimated Deposit(FMC 14-111-f) $6 000.00 $6 000.00 (b1)Service Connection Charges 4511-1/2"Meters to existing services @ $470.00 each $21 150.00 1 $0.00 $21,150.00 EXHIBIT B v11101101 Printed 03/15104 3:15:52 PM Page 2 of 4 EXHIBIT B Subdivision Agreement for T-5101 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (b2j Landscape Service Connection Charges 4 2"Meters to existing services @ $620.00 each $2 480.00 $2,480.00 (c)Frontage Charge Frontage Charge $0.001 (d)Transmission Grid Main Charge A UGM Reimbursement Area 21.7823 Gross Acres @ $560.00 per Gr Acre $12198.09 Less Estimated TGM Construction Credits $28 275.00 Transmission Grid Main Charge $0.00 $0.00' Paid w!Credits (e)Transmission Grid Main Bond Debt Service Charge 21.7823 Gross Acres @ $243.00 per Gr Acre $5 293.10 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $5 293.10 $669.:12:]' $4,623.98 ( UGM Water Supply Fee 101 s Supply Well Service Area 52 Living Units(residential) @ $397.00 per Unit $20 644.00 Less Estimated UGM Water Supply Fee Construction Credits 1 $0.00 UGM Water Supply Fee $20, 44.0 $20,644.00 ( Well Head Treatment Fee 101 Well Head Treatment Service Area 52 Living Units(residential) @ $0.00 per Unit (h)Recharge Fee 101 Recharge Service Area 521 Living Units(residential) @ $0.00 per Unit (1)1994 Bond Debt Service Fee 101 1994 Bond Debt Service Fee Service Area 52 Living Units(residential) @ $895.00 per Unit $46 540.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00 1994 Bond Debt Service Fee $46,540.001 $6 265.00 ` $40,275.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 21 Fire Station Service Area 21.7823 Gross Acres @ $1,388.00 per Gr Acre $30,233.83 $3,822.0-01- $26 411.83 (b)UGM NEIGHBORHOOD PARK FEE 7 Neighborhood Park Service Area 21.7823 Gross Acres @ $1 690.00 per Gr Acre $36 812.09 $4,653.5]8 ' $32,158.51 EXHIBIT B A 1/01/01 Printed 03/15/04 3:15:52 PM Page 3 of 4 EXHIBIT B Subdivision Agreement for T-5101 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (c UGM MAJOR STREET CHARGE F Major Street Zone 20.4055 Adjusted Gross Acres @ $2 500.00 per AG Ac $51 013.75 Less Estimated Major Street Charge Construction Credits $194 619.00 Major Street Charge $0.00 $o.:00:] JPaid w/Credits (d)UGM MAJOR STREET BRIDGE CHARGE F Major Street Bridge Zone 20.4055 Adjusted Gross Acres @ $50.00 per AG Ac $1 020.28 Less Estimated Major Street Bridge Charge Construction Credits $0.00 Major Street Bridge Charge $1 020.28 $128.-9-81- (a) 128.98 '(e)UGM TRAFFIC SIGNAL CHARGE 20.4055 Adjusted Gross Acres @ $880.00 per AG Ac $17 548.73 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $17,548.731 $2,218.46 ' $15,330.27 ( UGM GRADE SEPARATION CHARGE Grade Separation Service Area 20.4055 Adjusted Gross Acres @ per AG Ac na ( UGM TRUNK SEWER FEE Trunk Sewer Service Area 20.4055 Adjusted Gross Acres @ $0.00 per AG Ac na (h OVER SEWER SERVICE AREA Millbrook Overlay Service Area 20.4055 Adjusted Gross Acres @ $0.00 per AG Ac na 5. POLICE SUBSTATION FEE Infonnational Only This Fee Due With Issuance of Building Permits Northeast Fresno Service Area 52 Residential Living Units @ $85.00 per Unit Total Impact Fees&Charges $292,710.03 $122,619.14 $170 090.89 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $24,999.25 TOTAL(B) IMPACT FEES&CHARGES 1 $122.619.141 1 $170,090.89 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $147,618.39 EXHIBIT B 01/01/01 Printed 03/15/04 3:15:52 PM Page 4 of 4 Bond No.: 2125508 Premium:Included in Performance Bond Subdivision Improvement Payment Bond Whereas,the City Council of the City of Fresno State of California,and Copper Maple Estates I,LP,(hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement,dated ,and identified as Tract 5101,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, materialmen 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 Five Hundred Twenty Eight Thousand and NO/100''''''''•**** dollars($528,000.00), for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the plans and specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been duly executed by the principal and surety above named,on February 26,2004. Copper Maple JE,$t es LP —;MBy (Seal) (Print Insurance mpany of The West By (Seal) Rokferta Voss Attorney-In-Fact X CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On v2"p�� Zo_ before me, Lyn Genito,Notary Public, personally appeared Roberta Voss, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. LYN GEM 10 COMM.#1390820 -4 NOTARY PUBLIC•CALIFORNIA WITNESS my hand and official seal. FRESNO COUNTY tsp'f My Comm.Expires Jan.16 2007 sy Sijnature hfAotary r, F"�a yF°.avQ } T sn; T . d•4•, ^ ONAU i .t' : rl'. ,.N { ..•4`: :m+ei vita': Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-ICW 24(7/00) ac No.0002608 ICW GROUP ` Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint MATT DEFENDIS,LYN GENITO,STEPHEN E.HIGHLEY,JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. ®r, = �'sYINSURANCE COMPANY OF THE WEST 1I0 TILE EXPLORER INSURANCE COMPANY d SEALK INDEPENDENCE CASUALTY AND SURETY COMPANY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego } SS. On January 16,2001,before me,Norma Pater,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. HV NORMA PORTER COMM ,#1257540 n(aNOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY LrJ/�J My Commission Expires MARCH 19,2004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 26th day of February 2004 ala John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. Bond No.: 2125508 Premium: $12,036.00.00 Subdivision Imarovement Performance Bond Whereas, the City of Fresno State of California, and Copper Maple Estates I, LP (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project,Tract No.5101, 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 Insurance Company of the West,as corporate surety,are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of One Million and Three Thousand and No/100 ***********($1,003,000.00) lawful money of the United States, for the payment of which sum well and truly to 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 herein 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 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 a part of the obligation secured hereby and in addition to the face amount specified therefor,these 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 taxes as costs and included in any judgment 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 plans and specifications accompanying the same shall in anywise 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. IN WITNESS WHEREOF,this instrument has been duly executed by the principal and surety above named,on February 26, 2004. Principal: Co le Estates I,LP By 14 t (Seal) (Princ Insurance C pany of the West By (Seal) Robert Voss Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On (� before me, Lyn Genito,Notary Public, personally appeared Roberta Voss, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. LYN GENITO .. COMM.#1390820 WITNESS my hand and official seal. —' NOTARY PUBLIC-CALIFORNIA C7 F- FRESNO COUNTYTY �F pNMV Comm.Expires Jan.16,2007 Sign ture of o Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-iCw 24(7i00) • Na 0002608 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint MATT DEFENDIS,LYN GENITO,STEPHEN E.HIGHLEY,JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. %%orm?y. 0180 INSURANCE COMPANY OF THE WEST opea°aW��°1' oe� 'At ,ty THE EXPLORER INSURANCE COMPANY a SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY N► S1cwiM), John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego } SS. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER COMM.#1257540 H � NOTARY PUBLIC-CALIFORNIA A SAN DIEGO COEJNTY V My N DIE salon INITY 0 MARCH 19,2004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 26th dayof February 20014 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.