HomeMy WebLinkAboutT-5129 - Agreement/Covenant - 6/12/2006 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
aFresno, California 93721-3616
W (559) 621-8650
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CL. P.W. File No. 10805
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5129
Subdivision Agreement
Tract No. 5129
Page 2
THIS AGREEMENT is made this ;?qi*- day of 1—A oti,rl 20 C)Le
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and COTSWOLD COURT AT THE DOMINION, LLC, a California Limited Liability
Company, 7550 North Palm Avenue, Suite 102, Fresno, California 93711, hereinafter designated
and called the "Subdivider," without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5129 (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 12-1014 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. 5129/UGM
Subdivision Agreement
Tract No. 5129
Page 3
dated April 16, 2003, including the conditions of Conditional Use Permit C-02-215 approved by the
Fresno City Planning Commission on March 5, 2003, issued by the City and any amendments
thereto (hereinafter referred to as "Conditions of Approval" and incorporated into this agreement
by this reference), hereinafter set forth in detail, within the time hereinafter mentioned, in
consideration of the acceptance of the offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map,it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2)years of the date of this
agreement.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
Subdivision Agreement
Tract No. 5129
Page 4
required Street Tree planting, shall be in accordance with the Street Trees
fees paid in EXHIBIT "B," attached hereto and made a part of this
Agreement.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located within
said subdivision shall not be construed in any manner to constitute an
acceptance and approval of any or all of the streets and improvements in
the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider,the time of completion may
be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a time
extension with the Director of Public Works prior to the above noted date,
who shall ascertain the facts and determine the extent of justifiable delays,
if any. Extension of time for completion of improvements (including street
trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
Subdivision Agreement
Tract No. 5129
Page 5
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground serviced
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 subdivision shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Subdivision Agreement
Tract No. 5129
Page 6
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans(i.e., Landscape and Irrigation
Plans, Grading Plans), within the Landscape Easement area required in the Conditions of
Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within the landscape easement areas by a Home
Owners Association.
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 required as Conditions of Approval and as
more particularly described in the attached Exhibit 'C.'
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 any
construction plans which may be subsequently required by the City Engineer to execute the
work in said Exhibit 'C.'
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the
City and /or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions,the total fees and charges due as a condition of Final
Map approval. The total fees and charges are more particularly itemized and made a part
of this agreement in the attached Exhibit "B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
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,
Subdivision Agreement
Tract No. 5129
Page 7
and the application, by City, of ail relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 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
Subdivision Agreement
Tract No. 5129
Page 8
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1) year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in,on or about the subdivision of said land covered by this Agreement,
or any part thereof. The Subdivider hereby releases and agrees to indemnify, defend, and save
the City harmless from and against any and all injuries to and deaths of persons, and all claims,
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
Subdivision Agreement
Tract No. 5129
Page 9
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 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
Subdivision Agreement
Tract No. 5129
Page 10
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
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
Subdivision Agreement
Tract No. 5129
Page 11
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control" as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City
Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust,by equipment and personnel
of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
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. 5129
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 Subdivider without the written consent of City.
Subdivision Agreement
Tract No. 5129
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
COTSWOLD COURT AT THE DOMINION, LLC,
DAVID D. HEALEY, Director a California Limited Liability Company
Public Works Department
By: L�) By:
Michael T. Kirn, P.E., Assistant Director ilson, Manager
ATTEST:
REBECCA E. KLISCH, CMC
CITY CLERK
o
By:
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY_
City Attorney
By:
Deputy
jb+ak 02-08-05
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of �.(.c �2J✓h-�-C�
County of V�
On A 2,000before me, w1 -9�L till c--
Date f Name and Ti of Offi r(e.g.,"Jane boo,Notary Public")
personally appeared !-�0 W! f SOS
Name(s)of Signer(s)
[H personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(
whose name() is/are-subscribed to the within instrument
and acknowledged to me that he/sl�executed the
same in hist rltheir aut orized capacity.(ie ,and that by
SHERYL WAYNE- erfthe
PAUL his/# ir si nature p
on the instrument the erson ,
COMM. #1408466 ; or the entity upon behalf of which the person,() acted,
NOTARY PUBLIC-CALIFORNIA executed the instrument.
FRESNO COUNTY
My Comm.Expires March 30,2007 WITNESS my hand and official seal.
VVl�
SignV of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: k)t1 M5 'L-
Document Date: fl"r D`9TL Number of Pages:
Signer(s) Other Than Named Above: y'v-1 j2j_beW1
Capacity(ies) Claimed by Signer(s)
Signer's Name: k10E LsZDn Signer's Name:
❑ Individual ❑ Individual
Cq"Corporate Officer ❑ Corporate Officer
Title(s): 1P'O ' Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
nnSigner Is Representing: Signer Is Representing:
01995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
Tract No. 5129/UGM
P.W. File No. 10805
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that
certain Deed of Trust recorded on March 18, 2005, in the office of the Fresno
County Recorder, as Document No. 2005-0061148 of which the Deed of Trust in,
by and between Cotswold Court at the Dominion, LLC, a California limited liability
company, as Trustor, American Securities Company, a California corporation, as
Trustee and Wells Fargo Bank, National Association, Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to
the foregoing Subdivision Agreement for the Final Map of Tract No. 5129.
DATED: March 7, 2006
BENEFICIARY
Wells Fargo Bank, National Association
By: 4 4
R nald . Du
Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Re5no
County of ss.
On WrM -1i before me, 10R�; /2� r�/iC
Date Name and Titleof Officer
(e.g.,"Jan Doe,Notary Public")
personally appeared �)n�a/cl M. Dx/i/7
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
D.OEL 10RQ authorized capacity(ies), and that by his/her/their
CanwIntsono,8+!4778 signature(s) on the instrument the person(s), or the
Notary RADIC-comm ial entity upon behalf of which the person(s) acted,
Fresno County
19'My Comm.Expires Jun 4,200 executed the instrument.
WITNESS my hand and official seal.Place Notary Seal Above /Po
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docume,nt
Title or Type of Document: JuibO/cytnAtfo/7 7+rPemeA�- rm rd MA v rf >�Ct Al SIZE
Document Date: �L1lQl1�fL (�(f� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General Ivicu. IN ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact '
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT A Subdivision Agreement for Tract 5129
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $0
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $0
Street Construction Cost Estimate $81,086
Final Cost Estimate (for Inspection Fee purposes) $81,086
Landmarks, Monuments, Lot& Block Corners ($50/ea) $450
Sub-Total (for bonding purposes) $81,536
Construction Contingency(10%) $8,154
TOTAL COST ESTIMATE`
(for improvement securities purposes) $89,690 $90,000
*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 $86,000
5% of amount shall be in cash or a Certificate of Deposit 1 $5,000
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 $45,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Land scaping/I rrigation/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 $1,000
1% of next$400,000 $0
0.5% of amount over$500,000 1 $0
Minimum amount $4,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 03/06/06 Print Date:03/06/06 4:51:58 PM Pagel of 1
EXHIBIT B Subdivision Agreement for T- 5129
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$81,086 Final Cost Estimate>$101<:<$5001< $7,146.30
($4836+3.25%of amount over$10K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $7,146.30 $7,146.30
2. MONUMENT CHECK FEE
Lots and Outiots @ $30.00 per Lot 200.00 $200.00
(Min$200)
3. STREET SIGNS
02 Street Name Sign sets @ $173.00 per set $346.00 $346.00
LJ Warning/Regulatory signs @ $77.00 sign $154.00 $154.00
4. STREET TREES
City installed(5-gallon)Street Trees @ $129.00 per Tree na na
Inspection Fee(when planted by subdivider) @ $30.00 per Tree na na
S. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Lots(anticipated maintenance cost) @ $0.00 per Lot na
Lum Sum Other maintained features
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings
F7Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
o assessment district proceedings @ $0.00 min) $0.00
Lum Sum Landscape area Field Inspection Fee-Public @ $305.00 LS nal
Works
Total na na
$0.00 Estimated assessment per Lot(information only)
S. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet @ $5.00 per LF na na
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Fhant Road/Hemdon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 8 CHARGES $7,846.30 $7,846.30
EXHIBIT B 01/01/01 Printed 03/06/06 4:51:38 PM Page 1 oto
EXHIBIT B Subdivision Agreement for T- 5129
NET AMOUNT
EXTENSION DUE
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
11.4481 Gross Acres
10.4600 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
188 Units(residential)
R-2 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
DK FMFCD Drainage Area
11.1433 Acres per FMFCD @ $2,830 per Acre $31 536.00
Local Drainage Fee $31,536.00 $31,536.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF
(b)Oversize Sewer Charge
3 UGM Reimbursement Area
Frontage: N.Hickory Hill Drive 73 110 SF
Frontage: E.Perrin Avenue 54,000 SF
Frontage: E.Champlain Avenue L 39 000 SF
Total Square Feet 166,110 SF
166 110 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $8 305.50
Less estimated Oversize Credits 1 $0.00
Less estimated Overdepth Credits 1 $0.00
Oversize Sewer Charge $8,305.50 $8,305.50
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
Upon occupancy of the project,the subdivider shall pay the appropriate
sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)
as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5153)
(d)Wastewater Facilities Charge
Upon occupancy of the project,the subdivider shall pay the appropriate
sewer facility charge pursuant to the Simple Tiered Equity Program(STEP)
as determined by the Department of Public Utilities,Wastewater Division,
Environmental Services Section(559-621-5153)
(e) Sewer Capacity Enhancement Charge
Herndon Trunk Sewer Service Area
188 Units @ $0.00 per Unit 0.00 $0.00
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EXHIBIT B Subdivision Agreement for T- 5129
NET AMOUNT
EXTENSION DUE
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie"),Service Connection Charges,and Landscape Service Connection Charges.
Fees paid through HTE application#02-9926.
(b)Frontage Charge
�LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(c)Transmission Grid Main Charge
A UGM Reimbursement Area
11.4481 Gross Acres @ $560.00 per Gr Acre $6,410.94
Fee rate adjusted per PW memo dated 10113/05
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge $6,410.941 1 $6,410.94
(d)Transmission Grid Main Bond Debt Service Charge
11.4481 Gross Acres @ $243.00 per Gr Acre $2,781.89
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $2,781.89 1 $2,781.89
(e)UGM Water Supply Fee
101-S Supply Well Service Area
188 Living Units(residential) @ $397.00 per Unit $74 636.00
Fee rate adjusted per PW memo dated 10113/05
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $74,636.001 $74,636.00
( well Head Treatment Fee
1011 Well Head Treatment Service Area
188 Living Units(residential) @ $0.00 per Unit
(
Recharge Fee
10 11 Recharge Service Area
188 Living Units(residential) @ $0.00 per Unit
(h)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
188 Living Units(residential) @F___$8_9_5_.700 per Unit $168,260.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $168,260.001 $168,260.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
13 Fire Station Service Area
11.4481 Gross Acres @ $307.00 per Gr Acre $3 514.57 $3,514.57
(b)UGM NEIGHBORHOOD PARK FEE
1 Neighborhood Park Service Area
11.4481 Gross Acres @ $2,940.00 per Gr Acre $33 657.41 $33,657.41
Fee rate adjusted per PW memo dated 10/13/05
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EXHIBIT B Subdivision Agreement for T- 5129
NET AMOUNT
EXTENSION DUE
(c UG�R STREET CHARGE
E-1 Major Street Zone
10.4600 Adjusted Gross Acres @ $1,680.00 per AG Ac $17,572.80
Fee rate adjusted per PW memo dated 10/13105
Less Estimated Major Street Charge Construction Credits $0.00
Major Street Charge 17,572.80 $17,572.-8-01
(d UG�R STREET BRIDGE CHARGE
E-1 Major Street Bridge Zone
10.4600 Adjusted Gross Acres @ $175.00 per AG Ac $1,830.50
Fee rate adjusted per PW memo dated 10113105
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge1,830.50 1 $1,830.50
(e UG�E SEPARATION CHARGE
Grade Separation Service Area
10.4600 Adjusted Gross Acres @ $0.00 per AG Ac na
( UG�K SEWER FEE
Herndon Trunk Sewer Service Area
10.4600 Adjusted Gross Acres @ $0.00 per AG Ac na
( OV�EWER SERVICE AREA
Miilbrook Overlay Service Area
188 Living Units(residential) @ $44.00 per Unit $8,272.00 $8,272.00
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
10 Living Units(residential) @ $860.00 per acre $8,995.60
Fee rate adjusted per PW memo dated 10113/05
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge $8,995.601 $8,995.60
(b)POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northeast Fresno Service Area
188 Residential Living Units @ $66.00 per Unit
Fee rate adjusted per PW memo dated 10113105
Total impact Fees&Charges $365,773.21 $365,773.211
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $7,846.30
TOTAL(B) IMPACT FEES&CHARGES 1 $365,773.21
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $373,619.51
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