Loading...
HomeMy WebLinkAboutT-5107 - Agreement/Covenant - 2/17/2005 r City of rnC_ua,%.�.►,� PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10572 SUBDIVISION AGREEMENT FOR TRACT NO. 51079 OF VESTING TENTATIVE MAP NO. 5107/UGM 1 Subdivision Agreement Tract No. 5107 Page 2 THIS AGREEMENTismadethisdayof ,2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Thomas Anthony Spino and Diana M. Spino, 7456 North Belvedere, Fresno, California 93722, 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. 5107 (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 Revised Conditions of Approval for Vesting Tentative Map No. 5107/UGM dated May 8, 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. Subdivision Agreement Tract No. 5107 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 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 January 1, 2006, 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 January 1, 2007, (The developer may submit a written request to the Public Works Director for an extension of time to complete the construction of the sidewalk and driveway approaches). C. The Street Trees required for each lot shall be planted upon occupancy of each lot. The Subdivider shall notify the City Parks, Recreation and Community Services Department-Parks Division of the planting schedules. All species of Street Trees to be planted in the subdivision shall be as approved by the Parks Division. The responsibility to provide and plant, or to inspect the required Street Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of this Agreement and/or the "Statement of Covenants Affecting Land Development to Plant and Maintain Front Yard Trees for Tract No. 5107," per Resolution No. 98-129 requirements for 50 and 54-foot local street patterns. Subdivision Agreement Tract No. 5107 Page 4 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 Subdividers 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 engineering, inspection and testing. Subdivision Agreement Tract No. 5107 Page 5 3. The work and improvements are as follows: a. Construct all landmarks, monuments and lot comers required to locate land divisions shown on the Final Map. Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the 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. 5107 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-8433 through 1 OC-8435 with Water Job No.4933(3 sheets)inclusive, 1 5-C-1 1489 through 15-C-11494(6 sheets)inclusive, Drawing No. 4-C-758 (1 sheet) inclusive), unless specifically omitted herein. ii. Fresno Metropolitan Flood Control District Drawing Nos: AN-14-1 through AN-14-2 (2 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. Subdivision Agreement Tract No. 5107 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 setforth 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. Subdivision Agreement Tract No. 5107 Page 8 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 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. Subdivision Agreement Tract No. 5107 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. 5107 Page 10 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. Subdivision Agreement Tract No. 5107 Page 11 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. Subdivision Agreement Tract No. 5107 Page 12 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within twenty-four(24)hours after such personal service of such notice orwithin forty-eight (48) hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may,without further notice of any kind, cause any such street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this 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. 5107 Page 13 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. 111 Subdivision Agreement Tract No. 5107 Page 14 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Thomas Anthony Spino and Diana M. Spino, JON R. RUIZ, DIRECTOR Husband and Wife, Joint Tenants PUBLIC WORKS DEPARTMENT Thomas Anthony Spino By: Michael T. Kim, P.E., Assistant Director By: Lvd4 94S? Diana M. Spino ATTEST: (Attach Notary Acknowledgment) REBECCA E. KLISCH, CMC CITY CLERK 0 By: Deputy (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy A ISI E R j o� STATE OF CALIFORMA } }ss. COUNTY OF "Q���J } On , before me, , personally appeared 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, exeeuted the instrument. WITNESS y ha d and official eal. .. RUTHAKUSgMURq r7S COMM.;i;26a�4 fyi N FRESNO YPaubllc-Californiy a NO COUNTY Signature COMM11I s�,soea (This area for official notarial seal) Title of Document Date of Document No. of Pages . Other signatures not acknowledged 3008(1/94)(General) Tract No. 5107/UGM P.W. File No. 10572 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on April 4, 2003 , in the office of the Fresno County Recorder as Instrument No. 2003-0077355 of which the Deed of Trust in by and between: Thomas Anthony Spino and Diana M. Spino, Husband and Wife , as Trustor, First American Title Company, a California Corporation , as Trustee, and Simone S. Simonian and Virginia Simonian, as trustees of the Simone S. Simonian and Virginia Simonian Revocable Living Trust Agreement dated May 13, 1992, as to an undivided Y2 interest and Stanley Simonian, a married man dealing with his separate property as to an undivided % interest , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for Tract No. 5107, of Vesting Tentative Map No. 5107. DATED: D BENEFICIAR By: Simone S. Simonian By: Virginia Simonian By: Stanley Simonian (Attach Notary Acknowledgments) AIME � I } STATE OF CALIFORNIA }ss. COUNTY OF On � (�, before e; �� personally appeared fit H1111111 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, exeQuted the instrument. WITNESS my han an official seal. „� RUTH A KUSAMURA r- �° comm.*1328574 V) ; Notary Public-Califomla y Signature w FRESNO COUNTY My comm.Exp.Nov 21,2005 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(General) EXHIBIT A Subdivision Agreement for Tract 5107 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $21,868 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $42,995 Street Construction Cost Estimate $331,55 Final Cost Estimate(for Inspection Fee purposes) $396 418 49 Landmarks, Monuments, Lot& Block Comers($50/ea) $2,4501 Sub-Total (for bonding purposes) $398,868 Construction Contingency (10%) $39,8871 TOTAL COST ESTIMATE* (for improvement securities purposes) $43817551 $439,0 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 $417,000 5%of amount shall be in cash or a Certificate of Deposit $22,000 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 $219,5001 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 $3,000 0.5% of amount over$500,000 $0 Minimum amount $8,0001 EXHIBIT A v4/28/00 Prepared By: Rick Date: 10/29/03 Print Date: 10/29/03 11:24:02 AM Page 1 of 1 EXHIBIT B Subdivision Agreement for T-5107 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<_$10K na (11.52%;$600 minimum fee) $396 418 Final Cost Estimate>$10K<$500K $17 394.59 ($4836+3.25%of amount over$1 OK) $0 Final Cost Estimate over$500K na ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $0.00 Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee 1 $17,394.5911 $17,394,591 2. MONUMENT CHECK FEE 18 Lots and Outlots @ $30.00 per Lot $540.00 $540.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set $173.00 $173.00 ®Warning/Regulatory signs @ $77.00 sign $308.00 $308.00 4. STREET TREES 44 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $1 320.00 $1 320.00 5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6) Lum Sum Charge as established by Public Works Director nail na 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 18 Lots(anticipated maintenance cost) @ $31.46 per Lot $566.28 F7Lots(Incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1,500 ,aassessment district proceedings @ $0.00 min) $1 500.00 Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00 Total $2 371.28 $2 371.28 $41.46 Estimated assessment per Lot(information only) 7. IRRIGATION PIPELINE(one-time maintenance fee) 0 Lineal Feet @ $5.00 per LF na na 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeeway4V Friju Road/Herndoss Acre Corridor �pe 0.0000 Adjusted Gross Acres � $250.00 r AG Ac TOTAL MISCELLANEOUS FEES&CHARGES $22,106.87 $22,106.87 EXHIBIT B 01/01/01 Printed 11/12/03 9:03:34 AM Page 1 of 5 EXHIBIT B Subdivision Agreement for T-5107 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 8.9958 Gross Acres 6.3390 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 70 Units(residential) R-2-A Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AN FMFCD Drainage Area 0.0000 Acres per FMFCD @ $0 per Acre na Local Drainage Fee $0.00 1 $0.00 (Bt) (B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: Cornelia 6 017 SF Frontage: I Clinton Both sides 216 755 SF Frontage: Milburn 23 032 SF Total Square Feet 24 804 SF 245 804 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $24 580.40 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge 1 $24,58 $0.00 $24 580.40 (b Oversize Sewer Charge 23 UGM Reimbursement Area Frontage: Cornelia 6 017 SF Frontage: Clinton Both sides 216 755 SF Frontage: Milburn 23 032 SF Total Square Feet 245,8 SF 245 804 SF;sub-total Oversize Sewer Charge $0.05 per SF $12 290.20 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 11 . $0.00 $12 290.20 (c Trunk Sewer Charge Cornelia Trunk Sewer Service Area 70 Units @ $419.00 per Unit 29 330.00 $29 330.00 (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 na Trunk Sewer Service Area 70 Units @ $0.00 per Unit na na ( Copper Avenue Sewer Lift Station Benefit Service Area Chargee ® so-00 0 Units @ $650.00 per Unit $0.00 $0.00 EXHIBIT B 01/01/01 Printed 11/12/03 9:03:34 AM Page 2 of 5 EXHIBIT B Subdivision Agreement for T-5107 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time 3 Material Charges("Wet-Tie") 2003 0611 Estimate Number 4933 Water Job Number Estimated Deposit(FMC 14-111-f) 15 $15,800. Conection rges (b1 Service 35 1-112"Meters to existing services @ $470.00 each $16,450.001 $0.00 $16 450.00 35 1-112'Services @ $880.00 each $30 800.00 $30.800.001 (b2)Landscape Service Connection Charges 2 1-112'Services($880)&Meters($340) @ $1 220.00 each $2 440.00 $2 440.00 (c)Frontage Char e Frontage: Clinton Both sides) 1 814 LF Frontage: IMilburn 181 LF Sub-Total Lineal Feet(full rate) 1,9 LF 1 994 LF; sub-total Frontage Charge(full rate) $6.50 per LF $12 961.65 Sub-Total Frontage Charge $12 961.65 Less estimated Frontage Charge Credits Frontage Charge6T6*� (d)Transmission Grid Main Charge B UGM Reimbursement Area 8.9958 Gross Acres @ $560.00 per Gr Acre $5 037.65 Less Estimated TGM Construction Credits Transmission Grid Main Charge �8 (fe Transmission 9958 Gross Acres Bond Debt Service Charge) $_24350-1 per Gr Acre $2 185.98 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $2,18!M. $0.00 $2 185.98 (q UGM Water Supply Fee 301 s Supply Well Service Area 70 Living Units(residential) @ $442.00 per Unit $30 940.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee $30,940.001 $30,940.001 ( Well Head Treatment Fee 301 Well Head Treatment Service Area 70 Living Units(residential) @ $192.00 per Unit $13 440.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $13,44 $13,440.5-01 EXHIBIT B A 1101101 Printed 11/12/03 9:03:34 AM Page 3 of 5 EXHIBIT B Subdivision Agreement for T-5107 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (h)-Recharge Fee 301 Recharge Service Area 70 1 Living Units(residential) @ $0.00 per Unit Less Estimated Recharge Fee Construction Credits Recharge Fee $0.00 1 $0.00 (i)1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 70 1 Living Units(residential) @ $60.00 per Unit $4 200.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee ®A $0.00 $4 200.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 16 Fire Station Service Area 8.9958 Gross Acres @ $4 671.00 per Gr Acre $42 019.38 $0.00 $42,019.3-8-1 (b UG�BORHOOD PARK FEE 4 Neighborhood Park Service Area 8.9958 Gross Acres @ $2 460.00 per Gr Acre $22 129.67 $0.001 $22,129.671 (c UGM STREET CHARGE E-4 Major Street Zone 6.3390 Adjusted Gross Acres @ $2 435.00 per AG Ac $15 435.47 Less Estimated Major Street Charge Construction Credits $5 168.00 Major Street Charge $10,267.471 $0.001 $10267.471 (d UG�R STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 6.3390 Adjusted Gross Acres @ $135.00 per AG Ac $855.77 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $0.00 $855.77 (e UGM TRAFFIC SIGNAL CHARGE 6.3390 Adjusted Gross Acres @ $860.00 per AG Ac $5 451.54 Less Estimated Traffic Signal Charge Construction Credits $7 500.00 Traffic Signal Charge $0.001 F�$0.00 Paid w/Credits ( UGM GRADE SEPARATION CHARGE Grade Separation Service Area 6.3390 Adjusted Gross Acres @ $0.00 per AG Ac na Less Estimated Grade Separation Charge Construction Credits Grade Separation Charge $0.001 $0.00 $0.00 ( UG�K SEWER FEE Trunk Sewer Service Area 6.3390 Adjusted Gross Acres @ $0.00 per AG Ac na Less Trunk Sewer Fee Credits Trunk Sewer Fee Cid EXHIBIT 8 A 1/01/01 Printed 11!12/03 9:03:34 AM Page 4 of 5 EXHIBIT B Subdivision Agreement for T-5107 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (h OVERLAY SERVICE AREA Millbrook Overlay Service Area 6.3390 Adjusted Gross Acres @ $0.00 per AG Ac na1 $0.001 Ina Total Impact Fees&Char s $275,728.17 $122,750.00 $152,978.17 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $22,106.87 TOTAL(B) IMPACT FEES&CHARGES $122,750.00 1 $152 978.17 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $144,856.871 EXHOT B v11/01I01 Printed 11/12/03 9:03:34 AM Pape 5 ar 5 Bond No. S 507834 Prcniiuni: $6,255.00 Per 1-i Months SUBDIVISION PERFORMANCE BOND Dian M. Spino City of Fresnarei-ennatter designated as "Obligee") and Thomas Anthony Spino(16ereina er referred to as"Principal") have entered into an Agreement relating to the Tract 5107 whereby Principal agrees to install and complete certain public improvements. Said Agreement is hereby referred to and made a part hereof. Whereas Principal is required under the terms of the Agreement to furnish security for the faithful performance of the Agreement. This bond is given in compliance with and subject to all of the provisions of the Agreement relating to performance, and the provisions of Chapter 5 (Improvement Security)of the Subdivision Map Act(Government Code 66499 et seq.). Whereas Principal and Financial Pacific Insurance Company,a corporation organized and existing under the laws of the State of California,as Surety,our heirs,executors, administrators, successors, and assigns, are hereby obligated jointly and severally to the Obligee in the amount of Four hundred seventeen thousand & no/100 ********($'417,000.00 )lawful money of the United States. The condition of this obligation is such that if Principal, its heirs,executors, administrators,successors or assigns,shall fully perform the covenants, conditions and agreements in the Agreement and any alteration thereof that may be made, at the time and in the manner therein specified,and indemnify and save harmless the Obligee,it 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,there shall be included all reasonable costs and fees,including reasonable attorney's fees,incurred by the Obligee in successfully enforcing the obligation,the amount to be fixed by the court. 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 any manner 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. Principal and Surety hereby warrant that they have read the Agreement and know and understand it contents. This instrument has been duly executed by the Principal and Surety above named,on December 23, 2003 FINANCIAL PACIFIC INSURANCE COMPANY 3850 Athe Road,Ro lin,CA 95765 Thomas Anthony Spino & Diana M. Spino (Surety) (P ' ipal) B 0 �4B L ni o ,Attorney-in-Fact / (Princi a By: i P� a�,�c'Cs� ( P ) suwFwrr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c State of California County of Fresno On 0 efore me, Roberta Voss,Notary Public, personally appeared Lyn Genito, ® 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) ROBERTA VOSS acted,executed the instrument. LI '�" COMM.#1338278 F NOTARY pUBFRESN�CCOUNIY RNIA `- My Comm.Ex ire Jan.19,2006 WITNESS my hand and official seal. Signature of Notary MAEt 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 ENTTTY(IES) CA-ICW 24(7/00) Bond No. 5507834 Premium: Included in performance bond SUBDIVISION LABOR AND MATERIALS BOND The City of Fresno (hereinafter designated as "Obligee")and Thomas Anthony Spino & Diana M. Spii (hereinafter referred to as"Principal") have entered into an Agreement dated, , relating to. Tract 5107 whereby Principal agrees to install and complete certain public improvements. Said Agreement is hereby referred to and made a part hereof. Whereas Principal is required under the Agreement to furnish security for the claims to which reference is made in Title 15 (commencing with section 3082)of Part 4 of Division 3 of the California Civil Code (hereinafter referred to as "the Statutes"). This bond is given in compliance with and is subject to all of the provisions of the Agreement relating to security for labor and materials,the provisions of Chapter 5 (Improvement Security)of the Subdivision Map Act(Government Code 66499 et seq.). Whereas Principal and Financial Pacific Insurance Company, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety,our heirs,executors, administrators, successors,and assigns,are hereby obligated jointly and severally to the'City and all contractors,subcontractors, laborers,materialmen and other persons employed in the performance of the Agreement and named in the Statutes in the sum of Two hundred nineteen thousand five hundred &.no/100 ($ 219,500.09 lawful money of the United States. The condition of this obligation is such that if Principal or any of his or its subcontractors,or the heirs,executors, administrators,successors,or assigns of any,all or either of them,shall fail to pay any of the persons,companies or corporations, named in the Statutes,or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant,or any amounts required to be deducted,withheld,and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to section 18806 of the Revenue and Taxation Code,with respect to such work and labor,then Surety herein will pay for the same in an amount not to exceed the sum specified in this bond;otherwise,the above obligation shall be void. 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 the Statutes,so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby and in addition to the face amount specified,there shall be included all reasonable costs and fees,including reasonable attorney's fees,incurred by any claimant in successfully enforcing the obligation,the amount to be fixed by the court. 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 any manner affect its obligations on this bond, and it does hereby waive notice of any such change,extension,alteration or addition to the terms of the Agreement or to the work or to the specifications. Principal and Surety hereby warrant that they have read the Agreement and know and understand its contents. This instrument has been duly executed by the Principal and Surety above named on December 23,2003 FINANCIAL PACIFIC INSURANCE COMPANY 3850 Atherton Rd.,Rocklin,CA 95765 Thomas Anthony Spino & Diana,4. Spino rety) (P ' cipa B _ B : AA iiIVA Lyn to ttom6y in% fact B sW)ah.NW&mm"a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4 State of California County of Fresno On b- 3before me, Roberta Voss,Notary Public, personally appeared Lyn Genito, ® 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 ROBCRTA VOSS instrument the person(s),or the entity upon behalf of which the person(s) CON9iv1.#1338278 G, acted,executed the instrument. —' NOTARY PUBLIC-CALIFORNIA � r� FRESNO COUNTY My Comm.Expires Jan.19,2 006 WITNESS my hand and official seal. Signature of Notary III 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) LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER POWER NUMBER 507834 PRINCIPAL PENAL SUM KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Justin Smit, Roberta Voss, Lyn Genito, Chris Gutilla its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of o ety,to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recogni igahons in the nature thereof as follows: Bid, Performance, Payment, Subdivisio>q�,a4 y � N� up to $1,000,000.00 and to bind the Company thereby. This Power of Atto s " r and by the authority of the following resolutions adopted by the Board of Directors of Finan NO c t E duly held July 6, 1995,which are now in full force and effect: RESOLVED '` t or an t cttat off} Assistant Secretary, may appoint attorneys-in-fact ora s as de 4� , to appoint each case, for and on behalf of the Company, to execute and;,;;' ! "`' a s ` - f s, recognizance&. etyship obligations of all kinds; and said officers may remove eqf mey prev ed such person. RESOLVURTHER,that ! igat•on al a va ing upon the Company when si and sealed(if a sea s a i e the authority evidenced by the power of�atm issued b mp RESOLVED FUR EP store of any au facsimile to any power of attorney or certification t ereo orizing the execution other suretyship obligations of the Compan such sigtistge and seal whe use y affixed. Ilk IN c Insurance&may has;,caused these presents' Ctsigned by its er officers, and its corporate sea " a' v 2G Z Q. v; �Ul Y 2ec Robert T. Kingsley,President John Holl' shfaX Secretary Z,, 1886 :ate; y�c91/FOP��P t2.� ST F O SAC ,E n 1 v in 1 9, e n y of rem )be ' ley J R 1 gs ad, to me known to be the i •du ffi f cial ac ho tai an y acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. ANN SCNREMP b f1� Comm.#1131641 1r r\' -' s • NOT� MF Rr�o l MA � `tel tiN Comm Eros Mar.27,Y001 Ann Schremp, Notary Public CERTIFICATE I the undersigned Secretary of Financial Pacific Insurance Company a California corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and Aurthermore, that the resolutions of the B and of Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento, this 23rd day of December 2003 John I Hollingshea , Secretary Financial Pacific Insurance Company seal must be affixed Invalid r- gnl _addr depr___ac,countstate and other points RECEIPT OF TIME DEPOSIT Bank of the Sierra FIXED RATE 636 E. Shaw Ave Fresno CA 93710 Account Number: 1210046450 _ _ _ ' (888)454-2265 Account Title and Address Thomas A Spino or Diana Spino with Right of Survivorship ASSIGEND TO THE CITY OF FRESNO 1319 W Bullard Ste 8 Fresno,CA 93711 ACwCipUNT OPEN DATE ACCOUNT NUMBER TAX ID NUMBER 01/08/2004 1210046450 553-02-4798 O%M_.RSHW TYPE PRODUCT NAME INITIAL DEPOSIT i Joint With Right of Survivorship Certificates 1-2 years $8,000.00 TERM MATURITY DATE RENEWAL OPTION 12 months 01/08/2005 Automatic at Maturity FIXED INTEREST RATE: The deposit evidenced by this certificate will earn at an annual interest rate of 0.900%. ANNUAL PERCENTAGE YIELD: 0.900/0 INTEREST PAYMENT: Interest will be added every 1 onth(s)to the principal of this certificate. CALCULATION/COMPOUNDING: Interest will be calculated o sis of 365 days. Interest will be compounded every 1 month(s). EARLY WITHDRAWAL PENALTY: 90 days of interest e GRACE PERIOD INTEREST: The grace period f rtificate is 10 days. If this Certificate is withdrawn during the grace penod`iill not be paid during the grace period. 1 This is a receipt of transaction only and is non-n oti 19 , non-transferable, non-assignable, except upon the books of the Financial Institution. See the Truth in Savings Discand the Deposit Account Agreement, provided to you prior to, or at the time of,opening the account for additional Terms and Conditions concerning your Time Deposit. Institution R resent t' Q� X Diane Williamson Dat FSR O CottyWttea SyMm Inc.(2003)830D-D384-2003.08.44 www.co^P�•com Receipt of Time Depak-Futed Rata DD8003 Pelle 1 of 1 800-968-8322-Fax 616-956.1868 Invalid �- gW_ -iddr__depr_._:gcc.o;.intstate and other ci",:.Itapoints RECEIPT OF TIME DEPOSIT Bank of the Sierra FIXED RATE 636 E. Shaw Ave Fresno CA 93710 Account Number: 1210046350 _ i(888)454-2265 Account Title and Address Thomas A Spino or Diana Spino with Right of Survivorship ASSIGNED TO THE CITY OF FRESNO 1319 W Bullard Ste 8 Fresno,CA 93711 ACCOUNT OPEN DATE ACCOUNT NUMBER < TAX ID NUMBER 01/08/2004 1210046350 553-02-4798 OWNERSHIP TYPE PRODUCT NAME INTIM,DEPOSIT i Joint With Right of Survivorship Certificates 1-2 years $14,000.00 TERM MAT 1RVY DATE RENEWAL OPTION 12 months 01/08/2005 Automatic at Maturity FDG:D INTEREST RATE: The deposit evidenced by this certificate will earn at an annual interest rate of 0.900%. ANNUAL PERCENTAGE YIELD: 0.90% INTEREST PAYMENT: Interest will be added every 3 days to the principal of this certificate. CALCULATION/COMPOUNDING: Interest will be calculated ona, of 365 days. Interest will be compounded every 30 days. EARLY WITHDRAWAL PENALTY: 90 days of interest e GRACE PERIOD INTEREST: The grace period fQcate is 10 days. If this Certificate is withdrawn during the grace penod�i�i will not be paid during the grace period. Ais is a receipt of transaction only and is non-ngot , non-transferable, non-assignable, except upon the books of the Financial Institution. See the Truth in Savings Disc and the Deposit Account Agreement, provided to you prior to, or at the time of,opening the account for additional Terms and Conditions concerning your Time Deposit. Institution Rep es nta 'v X ad -W— Diane Williamson Date FSR O Compliance Syatens,Inc.(2003)83OD444D-2003.08.44 www.artpliaowynem.emn Reeeyt of Tim Depmk-Fixed Rate DD8003 Page I of 1 800-968-8522-Fu 616-936-1868 0-0 3 \,_\\ �> O v �O m CA w O &M_�� O (DzooZ - I 03 N0 CO. LU ; , 6>DX— `°D O Z `n MAC/)i r l nNi� • f r { r fLU � I ru lea i ti ru MM O r LU 0 0, y. o a _- r � •v r oo � W FA sea,�K,ro.u,ms.Mta%on boL,'