HomeMy WebLinkAboutT-5190 - Agreement/Covenant - 2/9/2005 r
City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10555
SUBDIVISION AGREEMENT FOR TRACT NO. 51909
PHASE II OF VESTING TENTATIVE MAP NO. 5071/UGM
Subdivision Agreement
Tract No. 5190
Page 2
THIS AGREEMENT is made this 7 dayof -TAP/UARV ,2004,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and Centex Homes, a Nevada General Partnership,1840 South Central Avenue,
Visalia, California 93277, 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. 5190 (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.
Subdivision Agreement
Tract No. 5190
Page 3
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.5071/UGM
dated September 12, 2001 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 December 31,2005, except as noted in(b), (c),and (d)listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before December 31, 2006, (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).
Subdivision Agreement
Tract No. 5190
Page 4
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
approved by the Parks Division. The responsibility to provide and plant, or
to inspect the required Street Tree planting, shall be in accordance with the
Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of
this Agreement and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees for Tract No. 5190,"
per Resolution No. 98-129 requirements for 50 and 54-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 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.
Subdivision Agreement
Tract No. 5190
Page 5
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. Construct all landmarks,monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the 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.
Subdivision Agreement
Tract No. 5190
Page 6
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.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation Plans, Grading Plans), within the Landscape Easement area required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing
to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser, a
Notice of Special Tax in accordance with the provisions of Section 53341.5 of the
California Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: [10-C-8405 through 10-C-8409 with Water Job
No. 4931 (5 sheets) inclusive, 15-C-11474 through 15-C-11480 (7 sheets)
inclusive, Drawing No. 4-C-711 through 4-C-746 (1 sheet) inclusive], unless
specifically omitted herein.
Subdivision Agreement
Tract No. 5190
Page 7
ii. Fresno Metropolitan Flood Control District Drawing Nos: BZ-21-1
through BZ-21-7 (7 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 .
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted
and made a part of this Agreement. In case there are not any Public Works Standards for any of
said work, it is agreed that the same shall be done and performed in accordance with the
standards and specifications of the State of California, Division of Highways. All of said work and
improvements and materials shall be done, performed and installed under the inspection of and
to the satisfaction of the City Engineer.
Subdivision Agreement
Tract No. 5190
Page 8
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall fumish 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 fumished 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
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one(1)year following acceptance against any
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
Subdivision Agreement
Tract No. 5190
Page 9
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
Subdivision Agreement
Tract No. 5190
Page 10
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California, with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with
Public Works Standards shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
Subdivision Agreement
Tract No. 5190
Page 11
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good,and unsuitable materials may be rejected, notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
Subdivision Agreement
Tract No. 5190
Page 12
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the
laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of
dust by wind or the activity of vehicles and equipment onto any street area or private property
adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control
is not being maintained on any street or streets as required by this paragraph, the City Engineer
shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such
notice may be personally served upon the Subdivider or, if the Subdivider is not an individual,
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24) hours after such personal service of such notice 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. 5190
Page 13
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
Subdivision Agreement
Tract No. 5190
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Centex Homes,
JON R. RUIZ, DIRECTOR a Nevada General Partnership
PUBLIC WORKS DEPARTMENT
By: Centex Real Estate Corporation,
a Nevada Corporation,
Managing General Partner
By:
Michael T. Kirn, P.E., Assistant Director
By:
David Hatch, Division Manage Ne.
ATTEST:
REBECCA E. KLISCH , CMC
CITY CLERK
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By:
Deputy (Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By: 6"X
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JB Nov 12,2003
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On January 12,2004, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn,P.E., Assistant Public Work Director, known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s)whose name(s) are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s),
or the entity upon behalf of the City of Fresno of which the person(s)acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLISCH
CITY CLERK
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EXHIBIT A Subdivision Agreement for Tract 5190
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $65,532
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $64,406
Street Construction Cost Estimate $350258
Final Cost Estimate (for Inspection Fee purposes) $480 196
111 Landmarks, Monuments, Lot& Block Corners($50/ea) $5,5501
Sub-Total (for bonding purposes) $485,746
Construction Contingency (10%) $48,575
TOTAL COST ESTIMATE*
(for improvement securities purposes) $534321 $534 000
*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 _$507,000
5% of amount shall be in cash or a Certificate of Deposit $27,0001
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 $267,0001
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 $200
Minimum amount $9 200
EXHIBIT A v4/28/00 Prepared By: Rick Date: 10/27/03 Print Date: 10/27/03 3:36:49 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5190
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(11.52%;$600 minimum fee)
$480 196 Final Cost Estimate>$10K<$500K $20 117.37
($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 $9,181.
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 1 $10,9 $10,936.3-7-1
2. MONUMENT CHECK FEE
55 Lots and Outlots @ $30.00 per Lot $1 650.00 $1 650.00
(Min$200)
3. STREET SIGNS
® Street Name Sign sets @ $173.00 per set $692.00 $692.00
0 Warning/Regulatory signs @ $77.00 sign $77.00 $77.00
4. STREET TREES
11 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $330.00 $330.00
70 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
55 Lots(anticipated maintenance cost) @ $60.36 per Lot $3 319.80
F7Lots(Incidental expenses:legal fees, �per Lot
publications,mailings,engineering, ($1,500
55assessment district proceedings @ $0.00 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $5124.80 $5124.80
$58.00 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
DO Lineal Feet @ $5.00 per LF na na
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $18,810.17 $18,810.17
EXHIBIT B v11/01/01 Printed l l/12/03 9:01:05 AM Page 1 of 4
EXHIBIT B Subdivision Agreement forT-5190
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
12.4888 Gross Acres
11.8750 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
55 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
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee $0.001 1 $0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge .001 so-6-01 F 0.00
(b)Oversize Sewer Charge
25 UGM Reimbursement Area
Frontage: I Brawley 68 658 SF
Total Square Feet 1 68,658 ISF
68 658 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3 432.90
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge L $3,432.901 $0.00 $3 432.90
(c)Trunk Sewer Charge
Cornelia Trunk Sewer Service Area
55 Units @ $419.00 per Unit $23 045.00 $23 045.00
(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 acity Enhancement Charge
na Trunk Sewer Service Area
55 Units @ $0.00 per Unit na na
( Co er Avenue Sewer Lift Station Benefit Service Area CharUpe
0 Units (dl $650.00 r Unit $0.00 $0.00 $0.00
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
2003 0605 Estimate Number
4931 Water Job Number
Estimated Deposit(FMC 14-111-f) 0.00 $0.0-01(B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
54 1"Meters to existing services @ $320.00 each $17,280.00 $0.00 $17.280.00
111-1/2"Meters to existing services @ $470.00 each $470.00 $0.00 $470.00
EXHIBIT B v11/01/01 Printed 11/12/03 9:01:05 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for T-5190
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b2)Landscape Service Connection Charges
1"Meters to existing services @ $320.00 each $320.00 $320.00
(c)Frontage Charge
Frontage: lBrawley LF
Sub-Total Lineal Feet('%rate) 585 LF
585 LF; sub-total Frontage Charge('/a rate) @ $3.25 per LF $1 901.25
Sub-Total Frontage Charge $1 901.25
Less estimated Frontage Charge Credits
Frontage Charge 1 $1,901.2511 $0.00 $1 901.25
(d)Transmission Grid Main Charge
B UGM Reimbursement Area
12.4888 Gross Acres aQ $560.00 per Gr Acre $6 993.73
Less Estimated TGM Construction Credits $1 146.00
Transmission Grid Main Charge5® 1 $0.00 $5 847.73
(e)Transmission Grid Main Bond Debt Service Charge
12.4888 Gross Acres @ $243.00 per Gr Acre $3 034.78
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge 1 $3,034.7811 $0.00 $3 034.78
( UGM Water Supply Fee
301s Supply Well Service Area
55 Living Units(residential) @ $442.00 per Unit $24 310.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $24,310.0011 1 $24,310.0-0-1
( Well Head Treatment Fee
301 Well Head Treatment Service Area
55 1 Living Units(residential) @ $192.00 per Unit $10 560.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $10,56 $10,560.00
(h)Recharge Fee
301 Recharge Service Area
55 1 Living Units(residential) @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee $0.00 $0.00
(i)1994 Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
55 1 Living Units(residential) @ $60.00 per Unit $3 300.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $3,30 $0.00 $3 300.00
EXHIBIT 8 v11/01101 Printed 11/12/03 9:01:05 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for T-5190
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
16 Fire Station Service Area
12.4888 Gross Acres @ $1 242.00 per Gr Acre $15 511.09 $0.00 1 $15,511.0-9-1
(b)UGM NEIGHBORHOOD PARK FEE
4 1 Neighborhood Park Service Area
Gross Acres @ per Gr Acre
(c UGM MAJOR STREET CHARGE
E 4 Major Street Zone
11.8750 Adjusted Gross Acres @ $2 435.00 per AG Ac $28 915.63
Less Estimated Major Street Charge Construction Credits $30 450.00
Major Street Charge $0.0011 $0.00 I Paid w/Credits
(d UGM MAJOR STREET BRIDGE CHARGE
E 4 Major Street Bridge Zone
11.8750 Adjusted Gross Acres @ $135.00 per AG Ac $1 603.13
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $1603
(e)UGM TRAFFIC SIGNAL CHARGE
11.8750 Adjusted Gross Acres @ $860.00 per AG Ac $10 212.50
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
11.8750 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge $0.001 $0.00 1 $0.00
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
11.8750 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Trunk Sewer Fee Credits
Trunk Sewer Fee $0.00 $0.001 1 $0.00
(h)OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
11.8750 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00 na
Total Impact Fees&Charges $136,189.60 $58,235.00 $77,954.60
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $18,810.17
TOTAL(B) IMPACT FEES&CHARGES $58,235.001 $77 954.60
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $77,045.17
EXHIBIT B v11/01/01 Printed 11/12/03 9:01:05 AM Page 4 of 4
- SUBDIVISION IMPROVEMENT
- BOND LABOR AND MATERIAL
(CALIFORNIA)
Bond SU 5004352
Premium $ 3,803.00
KNOW ALL BY THESE PRESENTS,That CENTEX HOMES,a Nevada General Partnership
as Principal,and the
ARCH INSURANCE COMPANY ,a Corporation organized and existing
under the laws of the State of Missouri and authorized to transact surety business in the State
of California,as Surety,are held and firmly bound unto CITY OF FRESNO, CA
for the use and benefit of any and all persons entitled to file claim under Title 15 (commencing with Section 3082)of Part 4 of Division
3 of the Civil Code of the State of California,in the sum of Two Hundred Sixty Seven Thousand and 00/100--------------
----------------------------------------------------------------- ($ 267.000.00 ),
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS,the Principal entered into a certain Agreement or Contract
with the Obligee,dated the day of ,wherein the Principal has
agreed to complete the following improvements:
as more fully set forth in said agreement.
NOW THEREFORE,if the Principal shall pay all contractors,subcontractors,laborers,materialmen and other persons employed in the
performance of the Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, then this obligation shall be null and void; otherwise, to remain in full force and
effect.Provided,however:
(1) That said Surety will pay the same in an amount not exceeding the amount hereinafter set forth, and also in case suit is
brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
attomey's fees,incurred by County(or 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 judgment therein rendered;
(2) That 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.
(3) That the time for filing suit on this bond shall be limited to six(6)months from date of completion of said improvements as
"completion"is defined under applicable sections of the Civil Code of The State of California.
Signed and sealed this 2nd day of December 2003
CENTEX HOMES, a Nevada General Partnership ARCH INSURANCE COMPANY
Principal Surety
By
Allyson Dean Attomey-in-Fact
S 1717 Arch Street, Philadelphia, PA 19103
Address
S-08221GEEF 10/99 Page 1 of 2
• .
BANKAWEST CERTIFICATE OF DEPOSIT RECEIPT
Branch Name: Visalia Date of Deposit: 11/25/2003
Account Number: 088-873138 Amount of Deposit: $27,000.00
Today's Date: 11/25/2003 Maturity Date: 05/25/2004
Branch Approval: Francisco Romero Initial Interest Rate: 0.95
Customer Name CENTEX AW
Initial Annual Percentage Yield: 0.95
and Address
Interest Payment Method: Pay by Check
18 MTRAL
VISALIA, CA 93277 Pay Interest to Account #: 000-000000
Interest Payment Frequency: 1 Month(s)
Phone 559-733-2717 Term: 182 Days
Deposit receipt not needed for redemption. Renewal: Automatically Renew
Thank you for opening a Certificate of Deposit with Bank of the West.Your account has been opened for the amount and terms shown above. Any
questions regarding your Certificate of Deposit can be answered by your branch or by calling the Bank's Telephone Banking Center(800-488-BANK or
408-947-5030).
INFORMATION REGARDING CERTIFICATE OF DEPOSIT ACCOUNTS
Minimum Opening Balance $ (Joy Minimum balance required to earn APY $ 2S Z.,itz,a.
ADDITIONAL DEPOSITS-If you wish to add funds to your Certificate,you may do so during the 10 calendar day grace period following the account's
maturity date. For I-M days Certificates, You may add funds during the 1 calendar day grace period following the maturity date. Interest on the
additional funds both cash and noncash begins to accrue on the business day you deposit it and at the same rate in effect for the renewed Certificate.
The additional funds will mature at the same time as the renewed Certificate. The minimum amount for an additional deposit is $100.00.
WITHDRAWALS-Interest which has been reinvested may be withdrawn at any time,if the account term and'interest rate have not changed since the
renewal.Additional withdrawals without penalty are permitted,during the 10 calendar day grace period following maturity(1 calendar day grace period
for 7-31 days Certificates) for automatically renewable Certificates,or upon the death or mental incapacity of the depositor.Accounts closed during
the grace period will forfeit any interest accrued during the grace period. Withdrawals at any other time may be permitted at the bank's discretion and
are subject to early withdrawal penalties.
IN - Interest is accrued on the daily balance. The annual percentage yield assumes that interest earned is reinvested in the account monthly
and all funds remain on deposit for one year from the date of deposit,and the interest rate does not change. Interest withdrawn during the term of the
account will reduce the annual percentage yield earned. TERMS OF 32 DAYS OR LONGER - You may choose the frequency of interest payments.
Interest can be paid as frequently as monthly,but must be paid at bast once a year. Interest may be reinvested into the account,credited to another
Bank of the West checking or savings account,or paid by check.TERMS OF 7-31 DAYS-You will receive interest at maturlty only. Interest may be
reinvested into the Certificate of Deposit,or as a deposit to a Bank of the West checking or savings account.
A RIM -Automatically renewable Certificates of Deposit renew automatically at the rate in effect on the maturity date, for the same term and
un er t e same conditions last disclosed(unless we tell you otherwise). We will mail a maturity notice approximately 15 days prior to the maturity date
(except for 7-14 days terms). The notice will include a phone number you can call on the maturity date(or shortly after)to find out the interest rate
and annual percentage yield on your renewed Certificate of Deposit. A non-renewable Certificate of Deposit will not earn interest beyond the maturity
date,and will not renew automatically at maturity.
EARLY WITHDRAWAL PENALTIES-All penalties are calculated on a simple interest basis. The penalty assessed may reduce the balance remaining on
your account after the wit awa. The penalty is calculated at the interest rate in effect at the time the Certificate of Deposit was opened or last
renewed. The penalties on the amount withdrawn are: 7-31 DAYS TERM - 7 days simple interest lost, 32 DAYS- 1 YEAR TERM - 30 days simple
interest lost,or OVER 1 YEAR TERM-90 days simple interest lost.
CHANGES IN TERMS&CONDITIONS-When you open a deposit account with us,you agree to abide by the terms &conditions detailed on this page
ann 'nT ccount Agreement you sign. We can change these terms&conditions at any time. We'll not'rfy you in advance of any changes that affect
your rights and obligations to the extent required by law. You indicate that you accept a change we make by continuing your account relationship with
us or,if the change affects your certificate of deposit,by allowing the certificate to renew after the change becomes effective.
DISCLOSURE OF YOUR ACCOUNT - Account Information may be disclosed to third parties when it is required for governmental reporting for legal
processes, or to persons or companies who the Bank believes would legitimately use such information. Certain transactions are also authomatically
reportable to the government.
THER_INERRMATION REGARDING DEPOSIT ACCOUNTS-Additional information pertaining to the rules®ulations governing deposit accounts can
be proviidediit you request a current copy o t e an o the West Deposit Account Disclosure which is available by phone or in person at any of the
Bank's branch offices. You may also call our Telephone Banking Center and request that we send you a Deposit Account Disclosure.
NON-NEGOTIABLE NOT TRANSFERABLE
120-01820 IRev.OV021 TimeDepositReteipt
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Bond SU 5004352
Initial Premium$ 3,803.00
KNOW ALL BY THESE PRESENTS,That CENTEX HOMES, a Nevada General Partnership
as Principal and the
ARCH INSURANCE COMPANY ,a Corporation organized and existing under the laws of the State of
Missouri and authorized to transact surety business in the State of California,as Surety,are held and firmly
bound unto CITY OF FRESNO CA as Obligee,
in the sum of Five Hundred Seven Thousand and 00/100------------------------------------------------
----------------------
-------------
---------------------- ($ 507,000.00 ),for the payment whereof,well and truly to be made,said principal
and Surety bind themselves,their heirs,administrators,successors and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS,the Principal on
entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following
improvements: Various subdivision improvements at Crestwood, Phase 2,Tract 5190.
This bond expires one year following recordation of the Notice of Completion.
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said
Agreement,then this obligation shall be null and void;otherwise to remain in full force and effect.Provided however.
(1) That as a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by Obligee in successfully
enforcing such obligation,all to be taxed as costs and included in any judgment rendered;
(2) That the Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
it obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to
the terms of the Agreement or to the work or to the specifications;
(3) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed,sealed and dated December 2 2003
CENTEX HOMES,a Nevada General
Partnership ARCH INSURANCE COMPANY
Principal
By c-
N Allyson Dean Attorney-in-Fact
we• 1717 Arch Street, Philadelphia, PA 19103
Address
5-0821/GEEF 10/99 Page 1 of 2
P.O. NO. INVOICE NO� INVOICE DATE -JOB IDENTIFICATibN GROSS DISCOUNT NET
112103 11/21/03 71511 Cw LD 2 77,045.17
112103 11/21/03 Invoice total 77,045.17
Vendor payment 77,045.17 77,045.17
l
i
j--
j
Total vendor payment -77,045.17 77,045.17
CHECK NO: 808976 PAYEE:CITY OF FRSSNO -- VENDOR NO: 006163 DATE: 11/22/03
OUJCNrJM=IN WHO USA
ORIGI',;�L DOCUr,1ENT IS PRINTED ON CHEMICAL REACTIVE PAPER & HAS A rAICROPRINTED BORDER
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