Loading...
HomeMy WebLinkAboutT-5145 - Agreement/Covenant - 2/17/2005 City of �_� ,Avv PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 11841 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5145 Subdivision Agreement Tract No. 5145 Page 2 THIS AGREEMENT is made this 4,� day of 0 0140 LA 1 ,2004, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and THOMPSON FOGG, LLC, a Limited Liability Company, 2668 North Fordham Avenue, Fresno, CA 93727, 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. 5145 (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. 5145/UGM dated April 16, 2003 issued by the City and any amendments thereto (hereinafter referred to as Subdivision Agreement Tract No. 5145 Page 3 "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 October 31, 2006, except as noted below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before October 31, 2007. 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. d. The Issuance of building permits for any structure within the subdivision shall conform to the requirements of the prevailing Uniform Fire Code Subdivision Agreement Tract No. 5145 Page 4 (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 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. Subdivision Agreement Tract No. 5145 Page 5 Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final acceptance of the subdivision and release of securities, the Subdivider shall submit evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor for the final setting of all monuments required in the subdivision. b. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights. The Subdivider shall construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be adopted by Council prior to the actual installation of the lights and shall be approved by the City Engineer. C. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno Municipal Code. f. All "Dead-End" Streets created by this subdivision shall be barricaded in accordance with Public Works Standards within seven (7)days from the time said streets are surfaced, or as directed by the City Engineer. g. Any temporary storm water retention basins constructed or enlarged to serve this tract shall be fenced in accordance with Public Works Standards within seven (7)days from the time said basins become operational, or as directed by the City Engineer. h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno 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. 5145 Page 6 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 improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director. j. Perform and construct all work shown on the following construction plans and any amendments thereto : i. City Drawing Nos: [10-C-8449 through 1OC-8450 with Water Job No. 4922 (2 sheets)inclusive, 15-C-11561 through 15-C-11562 (2 sheets) inclusive, Drawing No. 4-C-750 (1 sheet) inclusive, unless specifically omitted herein. ii. Fresno Metropolitan Flood Control District Drawing Nos: AL-27-1 through AL-27-2 (2 sheets) inclusive, unless specifically omitted herein. Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. 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, 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. 5145 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 with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In case there are not any Public Works Standards for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer. 5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider shall furnish to the City the following improvement securities in the amounts more particularly itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do business in California subject to the approval of the City and on forms furnished by the City. a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final Cost Estimated to be conditioned upon the faithful performance of this Agreement. L 95% of the final Cost Estimate shall be in the form of a bond or irrevocable instrument of credit; and ii. 5% of the final Cost Estimate shall be in cash or a certificate of deposit. b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost Estimated to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the form of a bond or irrevocable instrument of credit. C. Any and all other improvement security as required by Section 12-1016 of the Fresno Municipal Code. Subdivision Agreement Tract No. 5145 Page 8 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 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. 5145 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 Public Works Standards shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. Subdivision Agreement Tract No. 5145 Page 10 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 adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being Subdivision Agreement Tract No. 5145 Page 11 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. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, togetherwith 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. 5145 Page 12 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation THOMPSON FOGG, LLC, a Limited Liability MICHAEL T. KIRN, DIRECTOR Company PUBLIC WORKS DEPARTMENT By: W1 A� By: Michael T. Kirn, Director B an Thom on ATTEST: By: Steven Fogg . w..o. REBECCA E.,Kt-=14, SMO CITY CLERK By: = l = The (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: Deputy State of I X 1 C� RIGHT THUMBPRINT(Optional) County of 4:7&SiV m � 3 On C1 IQ J04 before me, U ID TEI (NAME/TITLE OFFICER-i.e.'JAAE DOE.NOTARY PU LIC") o r personally appeared a GL INAME(S)O SIGNER(SII CAPACITY CLAIMED BY SIGNERISI J� ❑INDIVIDUALIS) ❑CORPORATE SI rsonally known to me -OR- 0 proved to me on the OFFICERIITITI.E8) basis Of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s)whose name(s) ❑ATTORNEY IN FACT Is/are subscribed to the ❑TRUSTEEISI within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the PAMELA J.`HOLLIDAY same in his/her/their �, authorized capacity(ies), SIGNER IS REPRESENTING: NOTARY PU a ARYPU #1431990 „BLIC-CALtfORNIA vi and that by his/her/their (Name of Personls)or Entitylies) W. rn FRESNO COUNTY N signature(s) on the My Comm.Exp.July 24,2007 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witne my and and official seal. 0 3 i< 0 (SEAL) o Is A R OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERISI The information requested below and in the column to the right is OPTIONAL. ITITus) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERISI ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Trtb or Type of Document ❑TRUSTEEISI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signerls)Other Than Named Above SIGNER IS REPRESENTING: (Name of Personlsl or Entitylies) WOLCOTTS FORM 83240 Rev.3.94(price close 8.2A) 1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS lilllllll IIIII 1111 11 7 67775 63240 8 Tract No. 5145/UGM P.W. File No. 11841 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on May 13,2004, in the office of the Fresno County Recorder, as Document No. 2004- 105362 of which the Deed of Trust in, by and between Thompson Fogg, LLC, as Trustor, Chicago Title Company, as Trustee and County Bank, 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. 5145. DATED: September 23 ' 200 4 TRUSTEE or BENEFICIARY By: 1 r Mark Barsotti, Vice President (Trustee/Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) STATE OF CALIFORNIA ) ss. COUNTY OF FRESNO ) On this 23rd day of September,in the year 2004,before me, Cynthia Islas a Notary Public in and for said County and State,personally appeared Mark Barsotti personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/he/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s),acted,executed the instrument. WITNESS my hand and official seal. Sig lure of Notary �SF.� Ui IM CYNTHIA ISLAS COMM.#1311584 to cc _"z�4: a NOTARY PUBLIC-CALIFORNIA y N FRESNO COUNTY N + .o.• My Comm.Exp.July 1,2005 rv�rQvvc�vv EXHIBIT A Subdivision Agreement for Tract 5145 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $23,540 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $16,340 Street Construction Cost Estimate $94,231 Final Cost Estimate(for Inspection Fee purposes) $134,111 40 Landmarks, Monuments, Lot&Block Corners($50/ea) $2,000 Sub-Total(for bonding purposes) $136,111 Construction Contingency(10%) $13,611 TOTAL COST ESTIMATE* (for improvement securities purposes) $149,722 $150,000 *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 $143,000 5%of amount shall be in cash or a Certificate of Deposit 1 $8,000 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 $75,000 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans(Sewer.Water, Storm Water) $0 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit 1 $0 C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work) 5% of first$50,000 of the Total Cost Estimate $3,000 3% of next$50,000 $2,000 1% of next$400,000 $1,000 0.5% of amount over$500,000 $0 Minimum amount $6,000 EXHIBIT A v4/28/00 Prepared By: Frank Date: 08/03/04 Print Date:08/03/04 10:03:51 AM Pagel of 1 EXHIBIT B Subdivision Agreement for T- 5145 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<$101( na (11.52%;$600 minimum fee) $134111 Final Cost Estimate>$10K<$5001< $8 869.61 ($4836+3.25%of amount over$1 OK) $0 Final Cost Estimate over$500K na ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $6 196.00 Less Inspection Fees paid with Early Street Construction Agreement $7 185.00 Inspection Fee 1 $0.00 $0.00 2. MONUMENT CHECK FEE 16 Lots and Outlots @ $30.00 per Lot $480.00 $480.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set $346.00 $346.00 l�Waming/Regulatory signs @ $77.00 sign na na 4. STREET TREES 18 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $540.00 $540.00 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6 Lum Sum Charge as established by Public Works Director na nal 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) DO Lots(anticipated maintenance cost) @ $0.00 per Lot na F7Lots(Incidental expenses:legal fees, per Lot publications,mailings,engineering, ($1.500 0 assessment district proceedings @ $0.00 min) na Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS na Total na na $0.00 Estimated assessment per Lot(information only) T. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet @ $5.00 per LF na nal 8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Freeway 41/Friant Road/Herndon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac TOTAL MISCELLANEOUS FEES S CHARGES $1,366.00 $1,366.00 EXHIBIT B v11/01101 Printed 08/09/04 11:45:45 AM Page 1 of 4 EXHIBIT B Subdivision Agreement for T- 5145 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 3.6700 Gross Acres 3.6700 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 16 Units(residential) R-1 Zoning u m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AL FMFCD Drainage Area Local Drainage Fee $0.00 $0.:0:0](B1) (B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge OSF; sub-total Lateral Sewer Charge @ $0.10 per SF Fee Due for Lots under Early Issuance of Building Permits Agreement(for lots 7,10,14,15,16) (b)Oversize Sewer Charge 22 UGM Reimbursement Area �SF;sub-total Oversize Sewer Charge @ $0.05 per SF (c)Trunk Sewer Charge Cornelia I Trunk Sewer Service Area 16 Units @ $419.00 per Unit $6,704.00 $6,704.00 (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 capachy Enhancement Charge na Trunk Sewer Service Area 16 Units @ $0.00 per Unit na na ( Copper Avenue Sewer Lift Station Benefit Service Area Charge 0 Units @ $650.00 per r Unit na na 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2003 0829 lEstimateNumber 4922 1 Water Job Number Estimated Deposit(FMC 14-111-f) $2,800.001 $0.00 (83) (B3) Deposit paid with Early Construction Agreement (b1)Service Connection Charges 16 1"Meters to existing services @ $320.00 each $5,120.001 $0.:0(:)] $3 520.00 01"Services($735) @ $735.00 each $735.00 $735.00 (c)Frontage Charge 0 LF; sub-total Frontage Charge(full rate) @ 6.50 per LF na EXHIBIT B 01/01/01 Printed 08/09/04 11:45:45 AM Page 2 of 4 EXHIBIT B Subdivision Agreement for T- 5145 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (d)Transmission Grid Main Charge B UGM Reimbursement Area 3.6700 Net Acres @ $700.00 per Net Ac $2 569.00 Less Estimated TGM Construction Credits Transmission Grid Main Charge $2,569.001 $822.01 $1 746.99 (e)Transmission Grid Main Bond Debt Service Charge 3.6700 Net Acres @ $304.00 per Net Ac $1 115.68 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $1"11 5.68 1 $357.2j0* $758.68 ( UGM Water Supply Fee 301s I Supply Well Service Area 16 Living Units(residential) @ 442.00 per Unit $7 072.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee $7,072.00 $7 072.00 ( Well Head Treatment Fee 3011 Well Head Treatment Service Area 161 Living Units(residential) @ 192.00 per Unit $3 072.00 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $3,0 $3,072.070 (h Rechar a Fee 301 Recharge Service Area 16 Living Units(residential) @ $0.00 per Unit (i)1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 16 Living Units(residential) @ $60.00 per Unit $960.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee $960.00 $300.00 • $660.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 16 Fire Station Service Area 3.6700 Gross Acres @ $1 242.00 per Gr Acre $4 558.14 $1 458.49 • $3,099.651 (b)UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 3.6700 Gross Acres @ $1 230.00 per Gr Acre $4 514.10 $1 444.39 • $3.069.711 (c UGM MAJOR STREET CHARGE E 4 Major Street Zone 3.6700 Adjusted Gross Acres @ $2 435.00 per AG Ac $8 936.45 Less Estimated Major Street Charge Construction Credits Major Street Charge $8,936.451 $2 859.42 ' $6 077.03 EXHIBIT B v11/01/01 Printed 08/09/04 11:45:45 AM Page 3 of 4 EXHIBIT B Subdivision Agreement for T- 5145 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (d UG�R STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 3.6700 Adjusted Gross Acres @ $135.00 per AG Ac $495.45 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge 1 $495.45 $158.:5D3 ' $336.92 (s UGL M TRAFFIC SIGNAL CHARGE 3.6700 Adjusted Gross Acres Q $860.00 per AG Ac $3 156.20 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $3,11 $1,009.:91]' $2,146.29 ( UGE SEPARATION CHARGE Grade Separation Service Area 3.6700 Adjusted Gross Acres @ $0.00 per AG Ac ria ( UG�K SEWER FEE Cornelia Trunk Sewer Service Area 3.6700 Adjusted Gross Acres @ $0.00 per AG Ac ria (h OV�SEWER SERVICE AREA Millbrook Overiay Service Area 3.6700 Adjusted Gross Acres @ $0.00 per AG Ac ria Total Impact Fees&Charges $51,808.02 $25,992.75 $21 415.27 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $1 366.00 TOTAL(B) IMPACT FEES&CHARGES $25 992.751 $21 415.27 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $27,358.75 EXHIBIT B v11/01/01 Printed 08/09/04 11:45:45 AM Page 4 of 4 Bond Number. SP5691 Premium:included in Performance Bond SUBDIVIDER'S PAYMENT BOND (Subdivision Agreement) WHEREAS, the City Council of the City of Fresno, State of California, and Thompson Fogg, LLC, a Limited Liability Company (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement,dated 20 , and identified as project Final Map of Tract No. 5145, P.W. i e No. is hereby referred to and made a part hereof, and, WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part4 of Division 3 of the Civil Code of the State of California. NOW,THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of seventy Five Thousand and Nol100ths dollars ($75,000.00 ) for materials furnished or labor thereon of any kind, or for amounts due the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Subdividers Payment Bond (Subdivision Agreement) Page 2 In witness whereof,this instrument has been duly executed by the principal and surety above named, on September 15 , 20 04 Principal Thompson Fogg, LLC a Limited Liability Company By: Address of Surety Surety St. Paul Fire and Marine Insurance Company. St. Paul Fire and Marine Insurance Company 11070 White Rock Rd.,Suite 260 By: Joy, Attornnct Rancho Cordova,CA 95670 Surety Acknowledgment by attomey-in-fact must be attached. BONDFORKDOC Revised OVUM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNL4 County of Fresno On before me, Shauna,� Shauna Lucero Notary Public(Name,Title of Officer,eg.,"lane Doe,Notary blio") personally appeared John C. Day (Name(s)of Signer(s) ®personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized } f SHAUNA LUCERO ca aci Ies and that b his/her/their COMM. #1437308 en P tY( ), Y - NOTARY PUBLIC-CALIFORNIA F_ signature(s) on*-the instrument the person(s), or � y FRESNO COUNTY the entityupon behalf of which theperson(s) H` My Comm.Expires Sept 2,2007 P n acted, executed the instrument. WITNESS my hand and official seal. � ,n SI TURE OF NOTAR Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑LIMITED NUMBER OF PAGES ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER IS REPRESENTING: SIGNER(S)OTHER THAN NAMED ABOVE NAME OF PERSON(S)OR ENTITY(IES) BCAPA.DOT 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.0.Box 7184-Canoga Park CA 91309-7184 DISCLOSURE NOTICE OF TERRORISM COVERAGE Bond No. SP5691 This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. Coverage for acts of terrorism is already included on all outstanding, in force bonds issued on your behalf or on behalf of one of your associated, affiliated, or subsidiary companies, to the same extent and subject to the same terms and conditions that are otherwise applicable under those bonds and underlying bonded contracts or obligations. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States to St. Paul under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of$100,000,000,000. The portion of your premium for all outstanding, in force bonds, that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY r7he.%j POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 24388 Power of Attorney No. Certificate No. 2193355 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Steven P.Edwards,John C.Day,Shauna Lucero and Wendy L.Tobias Fresno California of the City of State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in-their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakip"qtiired pVermitted ui'9any actions or proceedings allowed by law. �� 7th July 2004 IN WITNESS WHEREOF,the Companies have caused this inst e�to b�9i ►ted an,,,Os d this,.f,.. day of Seaboard Surety Company } *z United States Fidelity and Guaranty Company St.Paul Fire and Marine Insce,Colgtyany _ - Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance G Many " A Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance 1 anyi� 1 0 % (00 ' 4yWWWATED � 1e� 197' PETER W.CARMAN,Vice President 'iyM1 1951 1� �. State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 7th day of July 2004 ,before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. ' ! My Commission expires the Ist day of July,2006. (' Cit �o REBECCA EASLEY-ONOKALA,Notary Public � V 86203 Rev.7-2002 Printed in U.S.A.