HomeMy WebLinkAboutT-5195 - Agreement/Covenant - 2/10/2005 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10637
SUBDIVISION AGREEMENT FOR TRACT NO. 5195
Subdivision Agreement
Tract No. 5195
Page 2
k� I
THIS AGREEMENT is made this-2h dayof JU ` ,2004,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and CERDA ENTERPRISES, INC., a California Corporation, and BRADLY J.
PERANICK and PATRICIA A. PERANICK, husband and wife,as community property,3385 South
Chestnut Avenue, Fresno, California, 93725, shall hereinafter collectively and individually,where
applicable, shall be jointly 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. 5195 (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.
ti
Subdivision Agreement
Tract No. 5195
Page 3
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. 5195/NON-UGM dated August 26, 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 constructthe 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 June 30, 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 June 30, 2007.
Subdivision Agreement
Tract No. 5195
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.
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.
4
Subdivision Agreement
Tract No. 5195
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.
l
Subdivision Agreement
Tract No. 5195
Page 6
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.
i. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:[10-C-8548 through 1 OC-8553 with Water Job No.
4961 (6 sheets) inclusive, 15-C-11791 through 15-C-11797 (7 sheets) inclusive,
Drawing No. 4-C-780 (1 sheet) inclusive], unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: BE-9-1
(1 sheet) inclusive, unless specifically omitted herein.
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
j. 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."
k. 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
Subdivision Agreement
Tract No. 5195
Page 7
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.
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
4
Subdivision Agreement
Tract No. 5195
Page 8
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.
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
Subdivision Agreement
Tract No. 5195
Page 9
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.
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
Subdivision Agreement
Tract No. 5195
Page 10
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.
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
Subdivision Agreement
Tract No. 5195
Page 11
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 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
Subdivision Agreement
Tract No. 5195
Page 12
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
///
Subdivision Agreement
Tract No. 5195
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation '
CERDA ENTERPRISES, INC. -
PUBLIC WORKS DEPARTMENT a California Corporation 1
B
By: John Cerda, President
Michael T. Kirn, P.E., Director
BRADLY J. PERANICK AND
PATRICIA A. PERANICK
ATTEST: husband and wife as community property
REBECCA E. KLISCH, CMC
CITY CLERK
By:
Bradly J. Peranick
LA Deputy '
By.
Patricia A. Peranick
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
(Attach Notary Acknowledgment)
By.
Deputy
FORM Subdivision Agreement v04-05-04
LR May 19,2004
INDIVIDUAL ACKNOWLEDGMENT
State of Californias On this the 2^d day of June, 2004
County of Fresno Before me, Jeanette Thompson, the
Undersigned Notary Public,
personally appeared
Bradley]. Peranick, Patricia A.
Peranick and Cerda Enterprises by
JEANETTE THOMPSON John Cerda
Commission it 1288086
Z Notary Public-Colifomio
Fresno Countpersonally known to me.
County
2ZM
WITNESS my hand and official seal.
-----------------------------------OPTIONAL---------------------------------------------
Though
PTIONAL---------------------------------------------
Though the information in this section 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 of type of Document: Subdivision Agreement
Document Date: June 2, 2004 Number of pages 13
Signers(s) Other Than Above: None
EXHIBIT A Subdivision Agreement for Tract 5195
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $41,160
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $37,446
Street Construction Cost Estimate $249,159
Final Cost Estimate(for Inspection Fee purposes) $327,765
66 Landmarks, Monuments, Lot$ Block Corners ($50/ea) $3,300
Sub-Total(for bonding purposes) $331,065
Construction Contingency(10%) $33,107
TOTAL COST ESTIMATE`
(for improvement securities purposes) $364,172 $364,000
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 $346,000
5% of amount shall be in cash or a Certificate of Deposit $18,000
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 $182,000
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 $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 $3,000
0.5%of amount over$500,000 $0
Minimum amount $8,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 05/19/04 Print Date:05/19/04 9:21:50 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5195
NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
Final Cost Estimate<$10K na
(11.52%;$600 minimum fee)
$0'Final Cost Estimate>$10K<$500K na
($4836+3.25%of amount over$1 OK)
Final Cost Estimate over$500K $13 731.37
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early ga ,• `«
Sewer/Water Construction Agreement $91z810i0A'
Less Inspection Fees paid with Early Street r
Construction Agreement OA0
Inspection Fee
2. MONUMENT CHECK FEE
23 Lots and Outlots @ $30.00 per Lot $690.00 $690.00
(Min$200)
3. STREET SIGNS
•,i ' d Street Name Sign sets @ $173.00 per set $692.00 $692.00
Warning/Regulatory signs @ $77.00 sign $231.00
0 $231.00
4. STREET TREES
1);City installed(15-gallon)Street Trees @ $129.00 per Tree na na
Inspection Fee(when planted by subdivider) @ 30.00 per Tree $1 590.00 $1 590.00
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 a11a nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
23 Lots(anticipated maintenance cost) @ ED per Lot na
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Fdant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ 3250;00 ` per AG Ac $0.00 $0:00
TOTAL MISCELLANEOUS FEES&CHARGES
EXHIBIT B v11/01/01 Printed 05/19/04 9:21:20 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 5195
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
.. ... . . .. ..........
',15:0848 Gross Acres
14.3988'Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
23Units(residential)
R-1-8'Zoning
nr Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BE'FMFCD Drainage Area
:#4.9128_Acres per FMFCD @ '',:' $4D9b'per Acre $60,993.00
13G'FMFCD Drainage Area
„ 0.1724'Acres per FMFCD @ '; $4120 per Acre $710.00
Local Drainage Fee $61 703.00 61 TDB:Ob
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Cha e
Frontage: S.Minnewawa Alietwe 88'600 SF
Frontage: E:"f3utCerAvenue - t301�01!'SF
Total Square Feet 149 400 F
149 400 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $14 940.00
Less estimated Lateral Sewer Charge Credits ^ i 0p
Lateral Sewer Charge $14,940.001 $O:Oa $14 9411:DD'
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
Non-UGM Reimbursement Area
Frontage: S.VInti wa Avenue t38 500 SF
Frontage. E.'Butler Avenue 8D'901}SF
Total Square Feet r 149 TO-01SF
149 400 SF;sub-total Oversize Sewer Charge @ $O.D5 per SF $7,470.00
Less estimated Oversize Credits
Less estimated Overdepth Credits 777", ' '= D:t1b
Oversize Sewer Charge 1 $7 470.00 $0:00 $7 47D 00
(c)Trunk Sewer Charge
Trunk Sewer Service Area
23 Units @ _ = D:OD per Unit $0.00 $0.00
(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 Capacity Enhancement Charge
na Trunk Sewer Service Area
23 1 Units @ '' O.OD per Unit na na
EXHIBIT B 01101101 Printed 05/19/04 9:21:21 AM Page 2 of 4
i
EXHIBIT B Subdivision Agreement for T- 5195
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Copper Avenue Sewer Lift Station Benefit Service Area Char e
0 Units @ 650t30 =per Unit11a' ;ra;'
( Fowler Trunk Sewer Interim Fee Surety ® o
0 Units @ $1 000A0 per Unit na na
3. WATER CONNECTION CHARGES
(a Trme 8 Material Charges("Wet-Tie")
200a 1226 Estimate Number
49611 Water Job Number
Estimated Deposit(FMC 14-111-1) T 600 �$O.QtJ(B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
3'1-1/2"Meters to existing services @ $470.00 each 1 $10,810.001 :'> $flifl.0, °$10"6afl:Dfl'
(b2)Landscape Service Connection Charges
1:2"Meters to existing services @ $620.00 each $620.00 620.(70
(c)Frontage Charge
Frontage: S Mlnnewawa AVemte 8110'!_F
Frontage: f.-Bi><let1/anus 634 LF
Sub-Total Lineal Feet(full rate) 1 364 LF
1 364 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $8 866.00
Sub-Total Frontage Charge $8,866.001
Less estimated Frontage Charge Credits
Frontage Charge $8,866.00 $D00 $8'686 U0
(d)Transmission Grid Main Charge
Non UGM Reimbursement Area
15.0848 1 Gross Acres @ $560.00 per Gr Acre $8 447.49
Less Estimated TGM Construction Credits ,=r;'$D:�`
Transmission Grid Main Charge $8,447.49
(e)Transmission Grid Main Bond Debt Service Charge
15.0848 Gross Acres @ $243.00 per Gr Acre $3,665.61
Less Estimated TGM Bond Debt Service Charge Credits $fl.fl0.
Transmission Grid Main Bond Debt Service Charge $3665.61 $0:00 $3'66561'
EXHIBIT B v11101t01 Printed 05/19/04 9:21:22 AM Page 3 of 4
s
EXHIBIT B Subdivision Agreement for T- 5195
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
( UGM Water Supply Fee
Supply Well Service Area
23 1 Living Units(residential) @ $O.00s per Unit na
( Well Head Treatment Fee
Well Head Treatment Service Area
23 1 Living Units(residential) @ s0.00 per Unit na
(h)Recharge Fee
Recharge Service Area
23 Living Units(residential) @ 0.00 per Unit na
(i)1994 Bond Debt Service Fee
1994 Bond Debt Service Fee Service Area
23 Living Units(residential) @ 30,00 per Unit na
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
NON-UGM
Total Impact Fees&Charges "102M ftl '3 340,
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES ' ''2{ ,_,'
TOTAL(B) IMPACT FEES&CHARGES � I!14323 1 99
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT(cash) �g X85 ?6.00
EXHIBIT B 01101/01 Printed 05/19/04 9:21:22 AM Page 4 of 4
Bond Number s8n21Rr,
Premium: Inc pded in Pg rmance
Rnnrl
_......
:... :Y...........� ....................._.:Y•::.::::......Y::::::::::::....:::�:::::::...�Y... .
::... .. BDA::. :
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
*** (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 Tract. No. 5195 - 1726 , South Minewawa Ave, Fresno,, CA
is hereby referred to and made a part hereof, and,
WHEREAS, under the terns 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 Part 4 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 performanoe of the aforesaid agreement and referred
to in the aforesaid Code of Civil Procedure in the sum of one Hundred_ Eighty
Two Thousand and 001100 dollars
($ 18 2, 0 0 0. 0 0 ),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.
If 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.
***Cerda Enterprises, Inc. , as to undivided 1/2 Interest and Bradley J.
Peranick and Patricia A. Peranick, Husband and Wife as Community
Property, as to undivded 1/2 Interest
Subdivider's Payment Bond S 8 0 218 6
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on May 12 . 20 0 4
***
Principal
Address of Surety
-,P,0. Box 292220Finangial Pacific r4a ompany
Sacramento. CA 95829 By:
M anie J. Huf Wl
Atto y-in-Fact
By.
Surety
Surety Acknowledgment by attorney-In-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
***Cerda Enterprises, Inc. , as to Undivided 1/2 Interest and Bradley J.
Peranick and Patricia A. Peranick, Husband and Wife as Community
Property, as to Undivided 1/2 Interest
TnTP P.P14
STATE OF CALIFORNIA )
)ss.
COUNTY OF PLACER )
12" May
On this day of 20 04 ,
before me Heather Fox, a Notary Public in and for the State of
California, personally appeared Melanie J. Huff 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 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.
Signature
HEATHER FOX
r•
COM
M.014N5587 m
(A Notary '-W .Calitwnla to
W PLACER COUNTY +
My Comm.Exp.Jan 27,2
LIMITED POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER 5802186 POWER NUMBER 802186
Cerda Enterprises,Inc.,as to Undivided%Interest and Bradley J.Peranick and Patricia $346,000.00
PRINCIPAL A.Peranick,Husband and Wife as Community Property,as to Undivided'%,Interest PENAL SUM
KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company,a California corporation (the"Company"),
does hereby make,constitute and appoint:
Eric J. Fedors,Melanie J. Huff,DeLena Robinson
its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix
the seal of the Company thereto if a seal is required on bonds, undertakings,recognizances orother written obligations in the nature thereof as
follows:
Bid,Performance, Payment, Subdivision and Miscellaneous Bonds up to$3,000,000.00
and to bind the Company thereby. This Power of Attorney is siggned and sealed by facsimile under and by the authority of the following
resolutions adopted by the Board of Directors of Financial Pacific,Insurance Company at the meeting duly held July 6, 1995,which are now in
full force and effect:
RESOLVED, that the President or any'Vice President, in conjunction.with the Secretary'or any Assistant Secretary, may appoint
attorneys-in-fact or agents with authority as defed or limited in the instrument evidencing the appointment in each case,for and on behalf of
the Company,to execute and,deliver andaffix the seal of the Company,to bonds,unbdertakings,recognizances;and suretyship obligations of all
kinds;and said officers may remove any such attorbey in-factor went anad.revoke:any power of attorney previously,granted such person.
RESOLVED FURTHER, that any'bond undertaking,'tecogtuzan`ce;or suretyship obligation shall be valid and binding upon the
Company when signed and sealed (if a seal 'be required)by,one or snore attorneys-in-fact pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such ersot or persons
RESOLVED FURTHER,that the signature of any authoirixed raffieer and the'se,al of the Company.may, be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and 4elivery of ani bond,undertaking,r®cognizance,or other suretyship
obligations of the Company,any such signature and seal whenso used,�iall have the same force and effeetas thgttgh 1�nanually affixed.
;Y
IN WITNESS WH£REOF'Ftnancial Pacific Insurance'Company has caused these presents tobe;signed by its,proper officers,and its
corporate seal to be hereunto affixed this"s15Wof March,2004.
riN . iNSU,ggti,,,��
=v. )ULY22 ;o_
Z: = Robert I Kingsley,Presiders J R.Hollingshead Secrdtary
a• 1986 :a
STATE OF CALIFORNIA,COUNTY,OF SACRAMENTO
On this 45th day"of,March, 2004; personally came before me Robert T. Kingsley and John R. Hollingshead, to me known to be the
individuals and officers of Financial Pacific Insurance Company,who executed the above.instrument,and they have acknowledged the execution
of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
WNoMY
BEKAN MOELLER
COMM,M4713Wtary Puift-;OffornlaPlAC9tCO111RY S Rebekah Moeller,Notary Public
Conon.Exp,Fab 21,2N8
CERTIFICATE
1, the undersigned Secretary of Financial Pacific Insurance Comany, a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set
forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect.
th
Signed and sealed at Sacramento,this 12 day of May —20 04
John ollingshead,Secretary
Financial Pacific
Insurance Company
seal must
be affixed
FMOML PACIFIC =. .
Bond #S802186
Rider Containing
Disclosure Notice of Terrorism Coverage
The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance
Company (FPIC) to provide this disclosure notice. No action is required on your part.
This Disclosure Notice is incorporated in and made part of the attached bond. The
actual coverage provided by this bond for acts of terrorism is limited by the terms,
conditions, exclusions, limits other provisions of the bond any endorsements and
generally applicable rules of law.
Effective November 26, 2002 any losses caused by a certified act of terrorism would be
partially reimbursed by the United States of America to FPIC under a formula
established by the Terrorism Risk Act of 2002. Under this formula, The United States of
America reimburses 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
There is a cap on FPIC's 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 insurer's combined. In that case, we will not be liable for payment of
any amount, which exceeds that aggregate amount of$100,000,000,000.
Your premium attributable to coverage for terrorist acts certified under The Act is Zero
Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where
premium is charged annually.
Signed and sealed this 12th day of May, 2004.
Financial Pacific Insurance Company
Janie J. Huff, ey-in t
[Corporate Seal]
Bond Number, S 8 0 218 6
Premium: $5 . 19 0. U,_
...._......_........... :..:......:...:.....:... ................................. :: ::•-- :::::::: :::::::::.. _..::;:;:::: :{:i::::::::n::. ...::.:•:::;iiia::.::::::::::::
..f
M :•...•;.....:iii::::::;:fir/::::!:�];;s:::ru:./.�'�^.'
:{::'i�iii'k: ::ir ■:ii: .iY'~`:::: ..#.:F: Fi!IY/.:i :il•':?ilii "~::?iFi 'ii
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
*** (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 and
IdentifledasprojeCtTr�Nn_ 51 95 - 1796 Snnth Mi nnawaw;; Av=r FrPqnny, CA
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement
NOW, THEREFORE, we, the principal and Financial P a n i f i n T ns. Ca_. ae
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City'l, in the
penal Sum Of Three Hundred _Forty Six Thnl,_Gand and_ 0ll/1 00
dollars ($ 346 , 000. 00 ) lawful money of the United States, for the payment
of which sum well and truly be made,we bind ourselves,our heirs,successors,executors and
administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or it's
heirs,executors,administrators,successors or assigns, shall in all things stand to and abide
by, and well and truly keep•and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise It shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specked
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgement rendered.
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 anyway affect its 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.
***Cerda Enterprises, Inc. , as to Undivided 1/2 Interest and Bradloy J.
Peranick and Patricia A. Peranick, Husband and Wife as Community
Property, as to Undivided 1/2 Interest
Faithful Performance Bond S 8 0 218 6
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on May 12
Principal
Address of Surety Pinangial Pacific Insurance Co pany
L;?n'a"M-/'0' -, :�Z OL�/'/
P.O. Box 292220 By: Aj
M anie J. H ],: A ney-in-Fact
Sacramento, CA 95829 By.
Surety
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
***Cerda Enterprises, Inc. , as to Undivided 112 Interest and Bradley J.
Peranick and Patricia A. Peranick, Husband and Wife as Community
Property, as to Undivided 1/2 Interest
STATE OF CALIFORNIA )
)ss.
COUNTY OF PLACER )
On this 12`h day of May 20 04 1
before me Heather Fox, a Notary Public in and for the State of
California, personally appeared Melanie J. Huff 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 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.
Signature
HEATHER FOX
COMM.#1163683 ft►
Notary PuWic4alifomla N
W%My
PLACER COUNTY +`
Comm.Exp.Jan 27,2008
LIMITED POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER S802186 POWER NUMBER 802256
PRINCIPAL Cerds Enterprises,Inc.,as to Undivided%Interest and Bradley J.Peranick and PatriciaENALSUM $346,000.00
A Peranick,Husband and Wife as Community Property,as to Undivided/:Interest
KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Company"),
does hereby make,constitute and appoint:
Eric J. Fedors, Melanie J. Huff',DeLena Robinson
its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as.surety,to execute,deliver and affix
the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances or other written obligations in the nature thereof as
follows:
Bid,Performance,Payment, Subdivision and Miscellaneous Bonds up to $3,000,000.00
and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimileunder and by the authorityof the following
resolutions adopted by the Board of Directors of Financial.Pacific Insurance Company at the meeting duly held July 6, 1995which are now in
full force and effect:
RESOLVED, that the President or any'Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing,the appointment in each case, for and on behalf of
the Company,to execute and deliver and affix the seal of the Company to bonds,unbdertakmgs,recogmzances,and suretyship obligations of all
kinds;and said officers may remove any such attorney-in fact or agent and revoke anypower of attorney previously granted such person.
RESOLVED FURTHER, that any, on undertalcmgf ccctagnrzancee.nr suretyship obligation shall be'valid,and binding upon the
Company when signed and sealed (if a seal be required) by one or:more attorneys-in-fact pursuantto and within the limits of the authority
evidenced by the power of attorney issued by the Company to such persdn-or persons.
RESOLVED FURTHER,that the signature of any auth mzedofficer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution im&delivery of any bond, undertaking,recognizance,or other suretyship
obligations of the Company;any such signature and seal when so used-sial have the sane force and,effect as thoiighrnanually affixed.
IN WITNESS'49RE4,'Pinan6al Pacific Insurance'Company has caused these presents=tote signed by itsproper officers,and its
corporate seal to be hereunto affixed this 15th ofMarch,2004.
OLY22 �'•p_
z: Robert T.Kingsley,Presiders J R.Hollingshead;SecreTaiy
o Q•, 1986 ;�y
%�.r .,(/FOP?•• t'�:
<.-
STATE«OF CALIFORNIA,COUNTY OF SACRAMENTO
On this 15th day of March, 2004, personally came before me Robert T."Kingsley and John R. Hollingshead, to me known to be the
individuals and officers;of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution
of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
REBEKAH MOELLER
.- COMM./1471309
W01MY
Notary PubNt-CoWarl" t_mq
PUC9t CO MI T r Rebekah Moeller,Notary Public
Comm.BqL Feb 21,20M
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set
forth, and that tale rtlevant,provisions of the By-Laws of the Company,are now in full force and effect.
Signed and.sealed at.Sacramento,ties�7th day of May_,20--04_
John ollingshead,Secretary
r
Financial Pacific
Insurance Company I
seai must
be affixed
FEMNCL AL PACIFIC ,
Bond # S802186
Rider Containing
Disclosure Notice of Terrorism Coverage
The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance
Company (FPIC) to provide this disclosure notice. No action is required on your part.
This Disclosure Notice is incorporated in and made part of the attached bond. The
actual coverage provided by this bond for acts of terrorism is limited by the terms,
conditions, exclusions, limits other provisions of the bond any endorsements and
generally applicable rules of law.
Effective November 26, 2002 any losses caused by a certified act of terrorism would be
partially reimbursed by the United States of America to FPIC under a formula
established by the Terrorism Risk Act of 2002. Under this formula, The United States of
America reimburses 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
There is a cap on FPIC's 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 insurer's combined. In that case, we will not be liable for payment of
any amount, which exceeds that aggregate amount of$100,000,000,000.
Your premium attributable to coverage for terrorist acts certified under The Act is Zero
Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where
premium is charged annually.
Signed and Sealed this 12th day of May , 20 04 .
Financial Pacific Insurance Company
lanie J. Huff, Att ey-in-F
[Corporate Seal]