HomeMy WebLinkAboutT-5109 - Agreement/Covenant - 8/11/2006 t
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SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(209) 498-1602
Tract No. 5109
Phase V of Vesting Tentative Map of Tract No. 4570 UGM 563
P.W. File No. 10493
THIS AGREEMENT is made this day of Maq,�
2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and Sunnyside Ridge Partners, LLC , a California Limited Liability Company,
1368 West Herndon Avenue, Fresno, California 93711, hereinafter designated and called the
"Subdivider," without regard for number or Gender.
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Subdivision Agreement
Tract No. 5109
Page 2
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Owner and located within the corporate limits of the City, and
known and described as Tract No. 5109/UGM, said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes specified thereon, and
to otherwise approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map,the dedication of such streets, highways and public places and easements as are delineated
and shown on said map, and deems the same as necessary for the public use, and also requires
that any and all streets delineated and shown on said map shall be improved by the construction
and the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as "Revised" Conditions of Approval for Tentative Map Tract
No. 4570/UGM 563 dated April 16, 1999 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 Subject Property which may ripen into a fee have subordinated to this instrument.
F. All such instruments of subordination, if any, are attached hereto and made a part
of this instrument.
Subdivision Agreement
Tract No. 5109
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on said map, and the approval of
said map for filing and recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City,and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before April 30, 2005 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 April 30, 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. 5109,"
per Resolution No. 98-129 requirements for 50- and 56-foot local street
patterns.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
shall not be construed in any manner to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision.
Subdivision Agreement
Tract No. 5109
Page 4
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider,the time of completion may
be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a time
extension with the Director of Public Works prior to the above noted date,
who shall ascertain the facts and determine the extent of justifiable delays,
if any. Extension of time for completion of improvements (including street
trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by
Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including
all costs of engineering, inspection and testing.
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 Citys final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
complete underground street light system as approved by the Traffic Engineer prior to final
Subdivision Agreement
Tract No. 5109
Page 5
acceptance of the subdivision. Height,type,spacing,etc.of standards and luminaires shall
be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or
modifications which may be adopted by Council prior to the actual installation of the lights
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with City Standards within seven (7)days from the
time said basins become operational, or as directed by the City Engineer.
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 the 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
Subdivision Agreement
Tract No. 5109
Page 6
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 referenced plans
a. [City Drawing Nos: 10-C-8245 through 10-C-8253 with Water Job
No.4896(9 sheets)inclusive, 15-C-11087 through 15-C-11107](21
sheets) inclusive, Drawing No. 4-C-691 (1 sheets) inclusive,
b. Fresno Metropolitan Flood Control Districts Drawing Nos. BH-801
through BH-8-2 (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 City of
Fresno standard Specifications and the construction plans.
k. Prior to the approval of the Final Map by the City, the Subdivider shall pay
to the City and/or execute to defer certain impact fees due which are eligible to be deferred
by relevant FMC provisions, the total fees and charges due as a condition of Final Map
approval.The total fees and charges are more particularly itemized and made a part of this
agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the 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 .
Subdivision Agreement
Tract No. 5109
Page 7
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City, which said plans and specifications and standards are hereby
referred to and adopted and made a part of this Agreement. In case there are not any standard
specifications of the City for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the State of California, Division
of Highways. All of said work and improvements and materials shall be done, performed and
installed under the inspection of and to the satisfaction of the City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map,the Subdivider shall
furnish to the City the following improvement securities in the amounts more particularly itemized
in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence to business
in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
b. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
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Subdivision Agreement
Tract No. 5109
Page 8
6. Upon acceptance of the required work by the City Engineer,a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
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
Subdivision Agreement
Tract No. 5109
Page 9
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
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
Subdivision Agreement
Tract No. 5109
Page 10
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
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 bythe 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
Subdivision Agreement
Tract No. 5109
Page 11
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
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. 5109
Page 12
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
///
///
///
Subdivision Agreement
Tract No. 5109
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
,DIRECTOR SUNNYSIDE RIDGE PARTNERS, LLC
PUBLIC WORKS DEPARTMENT A California Limited Liability Company
LIV�E0bP__
By: Cornerstone Enterprises II, Inc.
By: Alit (A� A California Corporation, Its Manager
M.T Kirn Assistant Director
ATTEST:
By:
REBECCA E. KLISCH RaBert IL. Wood, President
CITY CLERK
By: uz.c�J O a
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
DATE:March 15,2003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Description of Attached Document
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Signer(s)Other Than Named Above:
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Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-804876.8827
Subdivision Agreement
Tract No. 5109 '
Page 14
Tract No. 5109/UGM
P.W. File No. 10493
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 7, 2003, in the office of the Fresno County Recorder, Document
No. 20030053619 of which the Deed of Trust in by and between Sunnyside Ridge
Partners, LLC, a California limited liability company, as Trustor, Financial Title
Company, a California corporation, as Trustee and Reedley Investments I, LLC, a
California limited liability company, Beneficiary, hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement
for Tract No. 5109, Phase V of Vesting Tentative Map Tract No. 5109/UGM.
DATED: �L !/ , 2003.
BENEFICIARY
Reedley Investments I, LLC, a California limited
Liability company
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LFariiAssem i. Member
(Attach Notary Acknowledgement)
Subdivision Agreement
Tract No. 5109
Page 14
Tract No. 5109/UGM
P.W. File No. 10493
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 7,2003, in the office of the Fresno County Recorder, Document
No. 20030053621 of which the Deed of Trust in by and between Sunnyside Ridge
Partners, LLC,a California limited liability company,as Trustor,Financial Title
Company, a California corporation, 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.
5109, Phase V of Vesting Tentative Map Tract No. 5109/UGM.
DATED: �� ` f 52003.
BENEFICIARY
Housing Capital Company, a Minnesota partnership
By:
Thomas G. Walker, Vice President
(Attach Notary Acknowledgement)
Subdivision Agreement
Tract No. 5109
Page 14
Tract No. 5109/UGM
P.W. File No. 10493
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on March 7, 2003, in the office of the Fresno County Recorder, Document
No. 20030053620 of which the Deed of Trust in by and between Sunnyside Ridge
Partners, LLC, a California limited liability company, as Trustor, Financial Title
Company, a California corporation,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.
5109, Phase V of Vesting Tentative Map Tract No. 5109/UGM.
DATED: � ' 12003.
BENEFICIARY
Housing Capital Company, a Minnesota partnership
By: d J
Thomas G. Walker,Vice President
(Attach Notary Acknowledgement)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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and could prevent fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
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Signer(s)Other Than Named Above:
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0 1997 National Notary Association-9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Pu"i
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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:
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Document Date: Number of Pages:
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0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Cell Toil-Free 1-600.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County ofr�sn v
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On 1 before me, ChO' #
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Date '' Name and Title of Officer(e.g.."J a oe,Notary Public")
personally appeared 1-ho rwcs W14
Name(s)of Signer(s)
ersonally known to me
proved to me on the basis of satisfactory
evidence
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d4i1S w S.UNGENFELTER to be the person(s) whose name(s) is/are
comm.s 1380&U subscribed to the within instrument and
gar ORM
jnZQ.�T
OUNTY acknowledged to me that he/she/they executed
Co .20,2006 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.
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WITNESS my hand and official seal.
1u� �
Place Notary Seal Above Signature of Notary Pu
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Signer Is Representing:
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0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827
EXHIBIT A Subdivision Agreement for Tract 5109
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES ,
Water System Construction Cost Estimate $131,550
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $160,714
Street Construction Cost Estimate $879,836
Final Cost Estimate(for Inspection Fee purposes) $1,172,100
211 Landmarks, Monuments, Lot& Block Corners($50/ea) $10,550
Sub-Total (for bonding purposes) $1,182,650
Construction Contingency (10%) $118,2651
TOTAL COST ESTIMATE*
(for improvement securities purposes) $1,300,915 $1,301,000
*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 36,000
5% of amount shall be in cash or a Certificate of Deposit 1 $65,000
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 $650,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/IrrigationAAfalls $0
100%of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3%of next$50,000 $2,000
1% of next$400,000 $4,000.
0.5%of amount over$500,000 $4,000
Minimum amount $13,0001
EXHIBIT A v4/28/00 Prepared By: Rick Date:01/06/2003 Print Date:03/13/03 3:21:56 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5109
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(7%;$300 minimum fee)
$0 Final Cost Estimate>$10K-, $500K na
($700+4%of amount over$1 OK)
$1 172 100 Final Cost Estimate over$500K $37 102.50
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $13,857.
Less Inspection Fees paid with Early Street
Construction Agreement $23 245.50
Inspection Fee $0.001 $0.00
2. MONUMENT CHECK FEE
86 Lots and Outlots @ $30.00 per Lot $2 580.00 $2.580.00
(Min$200)
3. STREET SIGNS
14 Street Name Sign sets @ $173.00 per set $2 422.00 $2.422.001
12 Waming/Regulatory signs @ $77.00 sign $924.00 $924.00
4. STREET TREES
DO City installed(15-gallon)Street Trees @ $129.00 per Tree na nal
33 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $990.00 $990.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director nal nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
85 Lots(anticipated maintenance cost) @ $133.05 per Lot $11 309.25
Lots(Incidental expenses:legal fees,
publications,mailings,engineering, per Lot
85 assessment district proceedings @ $0.00 ($1,500 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total F $13114.25 $13114.25
$146.00 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
Freewa 41/Friant Road/Hemdon Corridor
0.6000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $20,030.25 $20,030.25
EXHIBIT B v11101/01 Printed 04/17/03 8:46:58 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for T-5109
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS 8t FEES TO BE DEFERRED
26.4304 Gross Acres
24.0404 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
85 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BH FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee $0.001 $0.00 (B1)
(131)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Church 66 300 SF
Total Square Feet 66 300 SF
66 300 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6 630.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $6,630.001 $478.23 ' $6 151.77
• Fee Due for Lots under Early Issuance of Building Permits Agreement
Lots 73 through 78, inclusive
(b)Oversize Sewer Charge
35 UGM Reimbursement Area
Frontage: Church 61 300 SF
Frontage: Surra side 154,900 SF
Total Square Feet 216 200 SF
216 200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $10 810.00
Less estimated Oversize Credits $21 232.00
Less estimated Overdepth Credits $23 886.00
Oversize Sewer Charge -$34,308.00 Paid w/Credits Paid w/Credits
(c Trunk Sewer Charge
Fowler Trunk Sewer Service Area
85 1 Units @ $344.00 per Unit 29 240.00 $29,240.00
(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)
(a Sewer Cap city Enhancement Charge
na Trunk Sewer Service Area
85 Units @ $0.00 per Unit na na
3. WATER CONNECTION CHARGES
(a)Time&Material Charges('Wet-Tie")
2002 1010 Estimate Number
4896 1 Water Job Number
Estimated Deposit(FMC 14-111-f) L $9,600.00 $0.00 (B3)
(133) Deposit paid with Early Construction Agreement
EXHIBIT 8 01/01/01 Printed 04/17/03 8:46:58 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for T-5109
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b1)Service Connection Charges
72 1"Meters to existing services @ $320.00 each $23.040.00 $0.00 $23,040.00
7 1-1/2"Meters to existing services @ $470.00 each $3 290.00 $0.00 $3 290.00
(b2)Landscape Service Connection Charges
2'Meters to existing services @ $620.00 each $620.00 $620.00
(c)Frontage Char e
Frontage: IChurch 541 LF
Frontage: Sunn side 100 LF
Sub-Total Lineal Feet('/2 rate) 641 LF
641 LF; sub-total Frontage Charge('/2 rate) @ $3.25 per LF $2 083.25
Sub-Total Frontage Charge $2 083.25
Less estimated Frontage Charge Credits
Frontage Charge 1 $2,083.251 $150.27 ' $1 932.98
(d)Fire Hydrant Charge
820 706 SF;residential zoning @ $0.75 per 100 SF $6 155.30 $6,155,301
(e)Transmission Grid Main Charge
D UGM Reimbursement Area
26.4304 Gross Acres @F___$_56_0_0__0J per Gr Acre $14 801.02
Less Estimated TGM Construction Credits $20 822.00
Transmission Grid Main Charge -$6,020.981 Paid w/Credits ' Paid w/Credits
( Transmisslon Grid Main Bond Debt Service Charge
26.4304 Gross Acres @ $243.00 per Gr Acre $6 422.59
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $6,422.591"
Subject to vesting tentative map date,fee
may not be applicable until 2-years after
date of Final Map recordation;when
applicable,fee is due at Building Permit for
all un-developed lots at the fee rate then in
effect.
( )UGM Water Supply Fee
5011,pJ Supply Well Service Area
85 1 Living Units(residential) cQ $507.00 per Unit $43 095.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $43 095.00 $43 095.00
N Well Head Treatment Fee
501 Well Head Treatment Service Area
85 Living Units(residential) @ $207.00 per Unit F _$17595001
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $17,595.00 $17 595.00
(i)Recharge Fee
501 Recharge Service Area
85 Living Units(residential) cQ $61.00 per Unit $5 185.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee $5,185.001 $5 185.00
EXHIBIT 8 x11101101 Printed 04!17/03 8:46:58 AM Page 3 of 4
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EXHIBIT B Subdivision Agreement for T-5109
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Q 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
85 Living Units(residential) @ $244.00 per Unit $20 740.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $20 740.00 $1,464.001-
4.
1464.00 '4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�TATI to FEE
15 Fire Station Service Area
26.4304 Gross Acres @ $605.00 per Gr Acre $15 990.39 $1,153.43]-
(b)
1 153.43 ' $14 836.96
(b UG�BORHOOD PARK FEE
2 Neighborhood Park Service Area
26.4304 Gross Acres $1 650.00 per Gr Acre $43 610.16 $3,145.72]-
(c)
3 145.72 ' $40 464.44
(c UGM STREET CHARGE
D-1/E-1 Major Street Zone
24.0404 Adjusted Gross Acres @ $2 180.00 per AG Ac $52 408.07
Less Estimated Major Street Charge Construction Credits $125 002.00
Major Street Charge 472 593.93 Paid w/Credits ' Paid w/Credits
(d UGM STREET BRIDGE CHARGE
D-1/E-1 Major Street Bridge Zone
24.0404 Adjusted Gross Acres @ $210.00 per AG Ac $5048.48
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1 $5,048.481 $364.18 ' $4 684.30
(eUGLM TRAFFIC SIGNAL CHARGE
24.0404 1 Adjusted Gross Acres @ $860.00 per AG Ac $20 674.74
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge $20,974.74 $1 491.41 $19 183.33
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
24.0404 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 0.00 $0.00 '
Total Impact Fees&Cha es $146,097.00 $110,137.54 $132 859.78
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $20,030.251
TOTAL(B) IMPACT FEES&CHARGES $110 137.54 $132 859.78
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $130,167.79
EXHIBIT B v11/01/01 Printed 04/17/03 8:46:58 AM Pegs 4 of 4