HomeMy WebLinkAboutT-5123 - Agreement/Covenant - 8/11/2006 SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
(559) 621-8650
Tract No. 5123
Phase V of Vesting Tentative Map No. 4677/UGM
P.W. File No. 10533
THIS AGREEMENT is made this � day of��S. ,
2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the"City,"and Synergy-Golden Dawn,LLC,a California Limited Liability Company, 15230
Burbank Boulevard, Suite 108, Van Nuys, California, 91411, hereinafter designated and called
the "Subdivider,"without regard for number or Gender.
I
Subdivision Agreement
Tract No. 5123
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. 5123/UGM, said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes specified thereon, and
to otherwise approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map,the dedication of such streets, highways and public places and easements as are delineated
and shown on said map, and deems the same as necessary for the public use,and also requires
that any and all streets delineated and shown on said map shall be improved by the construction
and the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map
No. 4677/UGM dated October 5, 1994 issued by the City and any amendments thereto
(hereinafter referred to as Conditions of Approval and incorporated into this agreement by this
reference),hereinafter set forth in detail, within the time hereinafter mentioned, in consideration
of the acceptance of the offers of dedication and approval of the Final Map for filing with the
County of Fresno to record by the City of Fresno.
Subdivision Agreement
Tract No. 5123
Page 3
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument. -
F. All such instruments of subordination, if any, are attached hereto and made a part
of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on said map, and the approval of
said map for filing and recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before September 1, 2004, except as noted in (b)and (c) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before September 1, 2005, (The
developer may submit a written request to the Public Works Director for an
extension of time to complete the construction of the sidewalk and driveway
approaches).
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
Subdivision Agreement
Tract No. 5123
Page 4
this Agreement and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees," per Resolution
No. 98-129 requirements for 50- and 56-foot local street patterns.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III,Article 9
of UFC relating to Fire Department access and water supply.No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
shall not be construed in any manner to constitute an acceptance and _ -
approval of any or all of the streets and improvements in said subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays,if any. Extension of time for completion of improvements(including
street trees planting)may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing,which shall be
final and conclusive.
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.
Subdivision Agreement
Tract No. 5123
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 Subdividers engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdividers 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 priorto final
acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires
shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or
modifications which may be adopted by Council prior to the actual installation of the lights
and shall be approved by the City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary 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.
Subdivision Agreement
Tract No. 5123
Page 6
i. As a condition of final map approval the Subdivider is required to install
landscaping and an irrigation system in a 15-foot landscape easement along the property
lines of all Lots which side or back-onto the North Armstrong Avenue frontage of the
subdivision. The Subdivider has elected to annex Tract No. 5123 into the City's
Community Facilities District No. 2 and has executed a covenant with the City of Fresno
guaranteeing maintenance of the required landscaping and pedestrian easement until
such time as a Maintenance District has been formed to provide for continued care and
maintenance of the required landscaping.
The Subdivider agrees to provide the "Notice of Special Tax° to each prospective
purchaser of a lot within the subdivision, in accordance with the provisions of Section
53341.5 of the California Govemment-Code.
j. As a condition of final map approval the Subdivider is required to submit
improvement plans and profiles for sewer, water, storm sewer, street, street lighting,
landscaping/irrigation, grading and walls (FMC §12-10114-3, Double Frontage Lots).
Pursuant to FMC 12-1013 (Improvement Plans and Profiles), the Subdivider has posted
performance security to guarantee that such improvement plans and profiles more
particularly itemized in Exhibit"A,"will be prepared in accordance with the requirements
of the City Engineer.
The Subdivider agrees that, in the event the required improvement plans and profiles have
not been prepared and submitted by the Subdivider to the City for approval within 90 days
of the execution of this agreement by the City,the City shall use the performance security
posted to cause the preparation of the required improvement plans and profiles.
k. Perform and construct all work shown on the following referenced plans:
a. City Drawing Nos: 10-C-8375 through 10-C-8382 (8 sheets) .
inclusive,with WaterJob No.4911, 15-C-11184 through 15-C-11192(9 sheets)inclusive,
4-C-716 ( 1 sheet) inclusive; unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the City of Fresno standard Specifications and
the construction plans.
I. Prior to the approval of the Final Map by the City, the Subdivider shall pay
to the City and/or execute to defer certain impact fees due which are eligible to be deferred
by relevant FMC provisions, the total fees and charges due as a condition of Final Map
approval.The total fees and charges are more particularly itemized and made a part of this
agreement in the attached Exhibit"B."
Subdivision Agreement
Tract No. 5123
Page 7
M. In connection with assigning figures set forth in Exhibits"A"and"B",the City
has made its best faith efforts at predicting the fees,costs and credits of the improvements
that will benefit this subdivision and other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations.Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements. Reimbursements or credits, if any, to the
Subdivider shall be made only in compliance with the provisions of the City's UGM
ordinance or any other City ordinance providing for reimbursement or credit.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the
approved construction plans for said work on file in the Office of the City Engineer of the
City and the Standard Specifications of the City,which said plans and specifications and
standards are hereby referred to and adopted and made a part of this Agreement. In case
there are not any standard specifications of the City for any of said work, it is agreed that
the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and
improvements and materials shall be done, performed and installed under the inspection
of and to the satisfaction of the City Engineer of the City.
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%ofthe Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
Subdivision Agreement
Tract No. 5123
Page 8
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. PERFORMANCE SECURITY. Total amount to equal 100% of the cost
estimated by the City Engineer to guarantee that improvement plans and profiles not yet
approved will be prepared in accordance with the requirements of the City Engineer. Said
amounts shall be in the form of cash or a Certificate of Deposit.
d. Any and all other improvement security as required by Fresno Municipal
Code, Section 12-1016.
6. Upon acceptance of the required work by the City Engineer, a warranty security
shall be fumished 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 fumished. 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
Subdivision Agreement
Tract No. 5123
Page 9
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
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. 5123
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 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
Subdivision Agreement
Tract No. 5123
Page 11
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.
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.
M
r
Subdivision Agreement
Tract No. 5123
Page 12
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Synergy-Golden Dawn,LLC,
JON R. RUIZ , DIRECTOR a California Limited Liability Company
Public Works Department
By:
® �. hl= Managing Member
MICHAEL T. KIRN, Assistant Director J H11A E. SABAH
Public Works Department
ATTEST:
REBECCA E. KLISCH
CITY CLERK
a IZ�
By: czh ����noQ
Deputy (Covenantor: Attach Notary Acknowledgments)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
DATE:July 8,2003
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On JULY 10,2003 before me,F. TAMASHIRO
DATE NAME,TITLE OF OFFICER"
personally appeared JOSHUA E. SABAH
NAME(S)OF SIGNER(S)
El 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 acknowledge 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
F TAMMASHIRO instrument the person(s), or the entity upon behalf o
commission s 1 3so230Z which the person(s)acted,executed the instrument.
Notary Public-California
Fresno county WITNESS my hand and official seal
My Comm.Bores Jun 1 s,zoos
SIGNATURE OF NOTARY
OPTIONAL
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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
® OTHER: MANAGING MEMBER-
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on February 26, 1999 as Document No. 1999-0030821 in the office of the Fresno
County Recorder of which the Deed of Trust in, by and between
TRUSTOR: Synergy-Golden Dawn LLC, a California Limited Liability Company, and
TRUSTEE: Chicago Title Company, a California Corporation, and
BENEFICIARY: Golden Dawn-Fresno, L.P., a California Limited Partnership,
- hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement (Tract No. 5123).
DATED: JULA4 1 , 2003
BENEFICIARY:
Golden Dawn-Fresno, L.P.,
a California limited partnership
By: HHP/MS #1 GP, L.P.,
a California limited partnership
General Partner
By: Hearthstone, Inc.
a California corpor on
General Partner
By:
cy , Carver
enior Vice President
(Beneficiary to Type Names,Titles&Attach Notary Acknowledgments)
Document: Subordination to Subdivision Agreement—Tract No. 5123
Golden Dawn-Fresno, L.P.
State of California )
) ss.
County of San Francisco )
On July 10, 2003, before me, Angie Wong, Notary Public, personally appeared TRACY T.
CARVER, personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS m hand and official seal. ANGIE WONG
Y M COMM.*1280187
V NOTARY PUBLIC-CALIFORNIA
CITY i COUNTY OF SAN FRANCISCO 0
COMM.EXP.OCT.17,2004 1
(Seal)
Notary s Signature
EXHIBITA - Subdivision Agreement for Tract 5123
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $122,520
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $135,261.
Street Construction Cost Estimate $752120
Final Cost Estimate(for Inspection Fee purposes) $1,009,9011
247 Landmarks, Monuments, Lot& Block Comers($50/ea) $12,3501
Sub-Total(for bonding purposes) $1,022,251
Construction Contingency(10%) $102,225
TOTAL COST ESTIMATE'
(for Improvement securities purposes) $11124,476 $1 124 000
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 $1,068,000
5%of amount shall be in cash or a Certificate of Deposit $56,000
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 562,0001
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 $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 $3,100
Minimum amount $12100
EXHIBIT A v4/28/00 Prepared By: Rids Date: 07/03/03 Print Date:07/03/03 8:42:51 AM Page 1 of 1
EXHIBITS Subdivision Agreement for T-5123
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>$10K<$500K na
($4836+3.25%of amount over$1 OK)
$1 009 901 Final Cost Estimate over$500K $41 698.94
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
SewerMater Construction Agreement $10,958.
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $30 740.94 $30 740.94
2. MONUMENT CHECK FEE
®Lots and Outlots @ $30.00 per Lot 2 880.00 $2,880.001
(Min$200)
3. STREET SIGNS
11 Street Name Sign sets @ $173.00 per set $1 903.00 $1,903.001
®Waming/Regulatory signs @ $77.00 sign $308.00 $308.00
4. STREET TREES
OCity installed(15-gallon)Street Trees @ $129.00 per Tree na nal
137 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4 110.00 $4,110.00
OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
®Lots(anticipated maintenance cost) @ $53.96 per Lot $5 180.16
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
96 assessment district proceedings @ $0.00 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $6 985.16 $6,985.161
$87.00 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
0 Lineal Feet @ $5.00 per LF na nal
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 6 CHARGES $46,927.10 $46,927.10
EXHIBIT B v11/01/01 Printed=28103 2:40:19 PM Page 1 of 4
EXHIBIT B Subdivision Agreement for T-5123
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
24.3027 Gross Acres
22.8926 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
96 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
B-M-1 FMFCD Drainage Area
23.6658 Acres per FMFCD @ $4 300 per Acre $101 763.00
Local Drainage Fee 101 63.00 $101,763.0-01
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge $6.601 $0.00 $0.00
(b)Oversize Sewer Charge
35 UGM Reimbursement Area
Frontage: lArmstrong SF
Total Square Feet 103,51 SF
103 511 SF;sub-total Oversize Sewer Charge $0.05 per SF $5 175.55
Less estimated Oversize Credits $2 368.00
Less estimated Overdepth Credits $3 788.00
Oversize Sewer Charge980.45 I $0.00 ' Paid w/Credits
(c)Trunk Sewer% harge
Fowler1 Trunk Sewer Service Area
96 Units @ $344.00 per Unit $33 024.00 $33 024.00
(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 Ca city Enhancement Charge
na Trunk Sewer Service Area
96 Units @ $0.00 per Unit na na
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie's
2003 0211 Estimate Number
4911 lWater Job Number
Estimated Deposit(FMC 14-111-f) 1 $17,200.001 1 $0.00 B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Co1n Meters tion Co exi t ng services @ $320.00 each 1 $30,720.001 $0.00 $30 720.00
(b2 LandaCape Service Connection Charges
1 2"Meters to existing services @ $620.00 each $620.00 $620.00
EXHIBIT B v11/01/01 Printed 07/211/03 2:40:19 PM Page 2 of 4
EXHIBIT B Subdivision Agreement for T-5123
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Charge '
Frontage Charge su.uul I $0-M I $07M
(dJ Fire Hydrant Charge
888 607 SF;residential zoning (d $0.75 per 100 SF $5,164.551
(e)Transmission Grid Main Charge
E I UGM Reimbursement Area
24.3027 1 Gross Acres (d $560.00 per Gr Acre $13 609.51
Less Estimated TGM Construction Credits
Transmission Grid Main Charge s7bu -P.
( Transmission Grid Main Bond Debt Service Charge
24.3027 Gross Acres @ $243.00 per Gr Acre $5 905.56
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge
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
501s Supply Well Service Area
96 1 Living Units(residential) (d $507.00 per Unit $48 672.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee8® $48,672.-0-01
ft Well Head Treatment Fee
501 Well Head Treatment Service Area
961 Living Units(residential) (d $207.00 per Unit $19 872.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $19 872.00 $19,872.
(i)Recharge Fee
501 Recharge Service Area
96 1 Living Units(residential) @ $61.00 per Unit $5 856.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee $5.85 M. O $5,856.0-0-1
(I 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
96 1 Living Units(residential) @ $244.00 per Unit $23 424.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
15 Fire Station Service Area
24.3027 Gross Acres ® $605.00 per Gr Acre $14 703.13 $0.00 $14 703.13
EXHIBIT 8 v11101101 Printed 0728/03 2:40:19 PM Page 3 of 4
m
EXHIBIT B Subdivision Agreement for T-5123
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b UG�BORHOOD PARK FEE
2 Neighborhood Park Service Area
24.3027 Gross Acres @ $1 650.00 per Gr Acre $40 099.46 $0.00 $40,099.4-61
(c UG) M MAJOR STREET CHARGE
D-1/E-2-1/E-2 Major Street Zone
22.8926 Adjusted Gross Acres @ $2 180.00 per AG Ac $49 905.87
Less Estimated Major Street Charge Construction Credits
Major Street Charge $0.00 $49 905.87
(d UG�R STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
22.8926 Adjusted Gross Acres @ $210.00 per AG Ac $4 807.45
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge CI $0.00 1 $4 807.45
(e)UGM TRAFFIC SIGNAL CHARGE
22.8926 Adjusted Gross Acres ® $860.00 per AG Ac $19 687.64
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge I $0.00 $19,687.E]
( UGE SEPARATION CHARGE
Grade Separation Service Area
22.8926 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 1 $0.00 1 $0.00
(
UGM TRUNK SEWER FEE
Trunk Sewer Service Area
22.8926 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Trunk Sewer Fee Credits
Trunk Sewer Fee $0.00 $0.00 $0.00
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
22.8926 Adjusted Gross Acres @ $0.00 per AG Ac Ina
Total Impact Fees&Charges $434,053.72 $214,971.55 $196,957.06
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $46,927.101
TOTAL(B) IMPACT FEES&CHARGES 1 $214.971.551 $196,957.06
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $261,898.651
EXHIBIT B v11/01/01 Printed 07/28/03 2:40:19 PM Page 4 of 4