HomeMy WebLinkAboutT-5272 - Agreement/Covenant - 11/21/2006 ' WHEN RECORDED MAIL TO:
,
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
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NO FEE - Government Code 6103
City of
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zm 2600 Fresno Street
�o Fresno, California 93721-3616
(559) 621-8650
P.W. File Nos. 10987
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5272,
PHASE 4 OF VESTING TENTATIVE MAP NO. 5205/UGM
Subdivision Agreement
Tract No. 5272
Page 2
THIS AGREEMENT is made thisIL day of DC6 "I-- 20�,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and COPPER RIVER RANCH VILLAGES, LLC, a California Limited Liability
Company, 7050 North Fresno Street, Suite 201, Fresno, CA 93720 hereinafter designated and
called the "Subdivider" or "Developer," 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 more
particularly described as:
Lots 1 through 25, inclusive, of Tract No. 5272 according to the map thereof recorded
on Aloyejyke4- rl , 200(, in Volume of Plats at
Page(s) y, 5 -tt-, , Fresno County Records,
(hereinafter referred to as the"Final Map"and incorporated into this agreement by this reference)
and has requested the City to accept the dedications delineated and shown on the Final Map for
the use and purposes specified thereon, and to otherwise approve the Final Map in order that the
same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use, and
also requires that any and all streets delineated and shown on the Final Map shall be improved by
the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No. 5205/UGM
dated November 3, 2004 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
Subdivision Agreement
Tract No. 5272
Page 3
forth in detail,within the time hereinafter mentioned, in consideration of the acceptance of the offers
of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public
ways, easements and facilities as shown and delineated on the Final Map, and in consideration of
finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by
and between the Subdivider and the City, and the Subdivider and the City do hereby mutually agree
as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2) years of the date of this
agreement.
C. The Street Trees required for each lot shall be provided and planted by the
Subdivider upon occupancy of each lot. All species of Street Trees to be planted in
the subdivision shall be as approved by the City Engineer. The Subdivider shall
notify the Public Works Department - Construction Management Division of the
planting schedules and to schedule inspections.
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
Subdivision Agreement
Tract No. 5272
Page 4
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.
g. The Subdivider shall develop a Fugitive Dust Prevention and Control Plan in
compliance with San Joaquin Valley Air Pollution Control District (SJVAPCD)
Regulation Vlll-Fugitive Dust rules.
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.
Subdivision Agreement
Tract No. 5272
Page 5
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities,the Subdivider shall submit evidence
to the City of Fresno of payment and receipt thereof by the Subdivider's engineer or surveyor
for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground serviced
street light system as approved by the City Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14,Article 1 of the Fresno Municipal Code and all applicable
charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
The Conditions of Approval provide for the connection to the City sewer system of
500 equivalent dwelling units (EDU)for developments of said Vesting Tentative Map
No. 5205/UGM and any amendments thereto including other tentative maps filed
within the original area of said Vesting Tentative Map No. 5205. Additionally, the
Developer is required to design and construct an on-site tertiary wastewater
treatment facility (Copper River ranch treatment facility) acceptable to the City, for
which construction shall be completed prior to construction of the 501St EDU from
developments of said Vesting Tentative Map No. 5205/UGM. Once constructed, all
Subdivision Agreement
Tract No. 5272
Page 6
flow from development approved pursuant to said Vesting Tentative Map
No. 5205/UGM shall be directed to the Copper River Ranch treatment facility. The City
will accommodate permanent sludge discharged from said Copper River Ranch
treatment facility to the City sewer system.
It is explicitly understood that the terms of this section will survive the completion of
this tract and this agreement.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this subdivision shall be fenced in accordance with Public Works Standards within seven (7)
days from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
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 and maintain the fencing/walls, landscaping,
irrigation system and certain public improvements in accordance with the approved
improvement plans(i.e., Landscape and Irrigation Plans, Grading Plans, Street Plans, etc.),
within the designated easements or areas required in the Conditions of Approval and
delineated on the Final Map.
The improvement plans for such landscaping and irrigation systems 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; such
improvement plans shall be approved by the City Engineer.
Subdivision Agreement
Tract No. 5272
Page 7
The Subdivider has elected to satisfy all of its Subdivider's maintenance obligations
by annexing the Subdivision into CFD-12. The Subdivider shall remain responsible
for all of its maintenance obligations as provided in the Conditions of Approval until
such time as the City Engineer determines that CFD-12 is responsible for such
maintenance thereafter
The Subdivider is responsible to provide each prospective purchaser, a "Notice of Special
Tax," pursuant to said CFD-12, in accordance with the provisions of Section 53341.5 of the
California Government Code.
j. Perform and construct all work shown on the following construction plans and
any amendments thereto unless specifically omitted herein:
City Drawing Nos. 15-C-13606 through 15-C-13610,inclusive (Street
Improvement Plans),
City Drawing Nos. 4-C-1000 through 4-C-1001, inclusive (Street Light Plans),
City Drawing Nos.10-C-10142 through 10-C-10145,inclusive(sewer and water).
Install and complete all other 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,
Subdivision Agreement
Tract No. 5272
Page 8
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 .
M. SPECIAL MITIGATION MEASURES. Not withstanding the normal and
regular, and special Copper River Ranch Area impact fees, in order to comply with
Section 10.0 Transportation and Circulation of the Mitigated Negative Declaration
(MND) prepared for Environmental Assessment Number C-04-153, T-5205 dated
September 29, 2004 the Subdivider shall do the following:
i. Pay to the City a cash-in-lieu mitigation fee of $68,283 for the
developer's fair share proportionate cost of off-site street improvements within
the City's jurisdiction.
ii. Pay to the City cash in the amount of $9,330.85 for the
developer's fair share proportionate cost of off-site street improvements
outside the City's jurisdiction. The City will hold the money in trust for the
purpose of constructing such off-site improvements until such time as the
public entity responsible for the off-site improvements either requests the
money and the City thereby releases the money to said public entity or until
such time as the City determines that the improvements have been
constructed and the money is no longer needed for such off-site
improvements and in such case the City will refund the money and any interest
from the money to the Subdivider.
It is explicitly understood that the terms of this section will survive the completion of
the tract and this Agreement and that the Subdivider has waived any and all claims
related to or arising from the City's collection of said mitigation fees.
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
Subdivision Agreement
Tract No. 5272
Page 9
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map,the Subdivider shall
furnish to the City the following improvement securities in the amounts more particularly itemized
in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced to do
business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
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. 5272
Page 10
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.
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
Subdivision Agreement
Tract No. 5272
Page 11
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 Subdividershall complywith 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.
Subdivision Agreement
Tract No. 5272
Page 12
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
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
Subdivision Agreement
Tract No. 5272
Page 13
the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City
Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled
or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel
of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a
safe and passable condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
20. In the event that the actual cost or Final Cost Estimated is in excess of $1,000, all
of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements, and any maintenance of such improvements,
constitutes a "public work"as defined in Chapter 1, Part 7, Division 2 of the California Labor Code
to which Section 1771 thereof applies, and Subdivider shall cause the work to be performed as a
"public work"in accordance with such Chapter of the California Labor Code;and (ii)Subdivider shall
Subdivision Agreement
Tract No. 5272
Page 14
fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the
maintenance of bonds to secure payment of contractors, including the payment of wages to workers
performing the work.
Subdivision Agreement
Tract No. 5272
Page 15
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
COPPER RIVER RANCH VILLAGES, LLC,
a California Limited Liability Company
Public Works Department
By: LYLES DIVERSIFIED, INC,
a California Corporation, as Member
'tL oc�—A j
By:
Michael T. Kirn, P.E., Assistant Director
By:
Gerald V. Lyles, Vice esident
By: GLENEAGLES HOMES,
a California Corporation,
APPROVED AS TO FORM: dba GARY McDONALD HOMES, as Member
JAMES C. SANCHEZ
City A rney
By: `l
By: ?X�cq6nald, Chairman
Deputy
(Attach Notary Acknowledgments)
STATE OF CALIFORNIA
COUNTY OF FRESNO
On October 17, 2006 before me, Rhonda E. Wessels, Notary Public, personally appeared
Gerald V. Lyles,
Personally known to me
❑Proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their 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.
RHONDA E.WESSELS
COMM, # 1639639 -
_ w NOTARY PUBLIC
�CALIFORNIAn
FRESNO COUNTY n
My Commission Ezplres
Rhonda E. Wessels, Notary Public February 18,2010
Title or Type of Document: Subdivision Agreement Final Map of Tract No. 5272, Phase 4 of
Vesting Tentative Map No. 5205/UGM..
Date of Document: October 16, 2006
Number of Pages: 14
STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
On October 16, 2006, before me, Jean Ishimoto, Notary Public,
personally appeared Gary McDonald
Personally known to me
El Proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
WP2Enu0Frti f JEAN ISHIMOTO
COMM.#1604033 cn
M
P rn v► �,C QQQ��� W W°` m NOTARY PUBLIC-CALIFORNIAc70i�
U) ° FRESNO COUNTY 'P
JeA Ishimoto, Notary Public Cq�iFOPNP My Comm Exp.Sept.3,2008
Title or Type of Document: Subdivision Agreement, Final Map of Tract
No. 5272, Phase 4 of Vesting Tentative
Map No. 5205/UGM
Date of Document: October 16, 2006
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on December 30, 2004, in the office of the Fresno County Recorder, as
Document No. 2004-0291149 of which the Deed of Trust in, by and between Copper River
Development Company, Inc., a California Corporation, as Trustor, Financial Title
Company, as Trustee and Housing Capital Company, a Minnesota partnership, as
Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Subdivision Agreement, Final Map of Tract No. 5272, Phase 4 of
Vesting Tentative Map No. 5205/UGM.
Dated: October 1'7 , 2006
BENEFICIARY
Housing Capital Company,
a Minnesota
.�partnership,
Thomas G. Walker
Vice President
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
On October 17, 2006, before me, )ean Ishimoto, a Notary Public,
personally appeared Thomas G. Walker,
❑ Personally known to me
-X Proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
WPh� JEAN ISHIMOTO
Q COMM.#1604033 cn
(nY o NOTARY PULIFORNIAai
� FRESNOO COUNTY �
My Comm Exp.Sept.3.20
Je Ishimoto, Notary Public
Title or Type of Document: Subordination
Date of Document: October 17, 2006
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on August 23, 2006, in the office of the Fresno County Recorder, as
Document No. 2006-0176118 of which the Deed of Trust in, by and between Copper River
Ranch Villages, LLC, a California limited liability company, as Trustor, Financial Title
Company, a California corporation, as Trustee and Copper River Development
Company, Inc., a California corporation, as Beneficiary, hereby expressly subordinates
said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision
Agreement, Final Map of Tract No. 5272, Phase 4 of Vesting Tentative Map No.
5205/UGM.
Dated: October , 2006
BENEFICIARY
Copper River Development Company, Inc.,
a Califor ' rporation
By:
M ona d
Fir t Vice President
(Beneficiary to print4ype document information,
Name, Title and attach Notary Acknowledgment)
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 16, 2006, before me, Jean Ishimoto, Notary Public,
personally appeared Gary McDonald
XPersonally known to me
❑ Proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
PSEPu op ry JEAN ISHIMOTO
COMM.#1604033 cn
NOTARY PUBLIC-CALIFORNIA
* FRESNO COUNTY
Jen Ishimoto, Notary Public My Comm Exp.Sept.3,2009
Title or Type of Document: Subordination
Date of Document: October 16, 2006
CLERK'S CERTIFICATION
State of California)
County of Fresno)
On November 1. 2006, before me, Elvia Sommerville, Deputy City Clerk, personally
appeared, Michael T. Kirn, P.E. Assistant Public Works Director, 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 be 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.
REBECCA E. KLISCH
CITY CLERK, CMC
0
By
Deputy
EXHIBIT A Subdivision Agreement for Tract 5272
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $96,126
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $64,563
Street&Storm Drain Construction Cost Estimate $255,773
Final Cost Estimate (for Inspection Fee purposes) $416,462
86 Landmarks, Monuments, Lot& Block Corners ($50/ea) $4,300
Sub-Total (for bonding purposes) $420,762
Construction Contingency(10%) $42,076
TOTAL COST ESTIMATE*
(for improvement securities purposes) $462,838 $463,000
*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 $440,000
5% of amount shall be in cash or a Certificate of Deposit 1 $23,000
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 $231,500
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 1 $0
Minimum amount 1 IEEE]
EXHIBIT A v4/28/00 Prepared By: Frank Date: 10/09/06 Print Date: 10/09/06 8:59:46 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract 5272
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$416,462 Final Cost Estimate>$10K<$500K $18,046.02
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $9,733.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 8,313.02 $8,313.02
2. MONUMENT CHECK FEE
25 Lots and Outlots @ $30.00 per Lot 750.00 $750.00
(Min$200)
3. STREET SIGNS
0 Street Name Sign sets @ $173.00 per set na na
0 Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
25 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $750.00 $750.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na I I na
7. SPECIAL MITIGATION MEASURES
(a Develo er's roportionate cost cash-in-lieu (Acct.33901,Fund 30102,Ong. 189901)
Lump Sum Cash-in-lieu for off-site street improvements(City of Fresno) $68,283.00
(b Develo er's roportionate cost
Lump Suml Off-site street improvements(Multi-Jurisdictional) $9,330.85
Total $77,613.85 $77,613.85
8. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2111)
0 Lots(anticipated maintenance cost) @ $0.00 per Lot na
9. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet @ $5.00 per LF na
TOTAL MISCELLANEOUS FEES&CHARGES $87,426.87 $87,426.87
EXHIBIT B v11101101 Printed 10109106 8:59:58 AM Page 1 of 4
,EXHIBIT B Subdivision Agreement for Tract 5272
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
12.6549 Gross Acres
12.0500 Adjusted Gross Acres(AG Ac); excludes Area of Arterial 8 Collector Streets
25 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
DE FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee $0.00 (B1)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF
(b Oversize Sewer Charge
431 UGM Reimbursement Area
Frontage:I E.Club House Avenue 73,200 SF
Total Square Feet 73,200 SF
73 200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3,660.00
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits
Oversize Sewer Charge $3,660.00
* Fee Due for Lots under Early Issuance of Building Permits Agreement
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
25 Units @ $496.00 per Unit 12,400.00 $12,400.00
(d)Copper River Trunk Sewer Charge fee for interior collections stey m Copper River Ranch
25 Units @ $1313 5.00 per Unit 3,375.00
(e)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)
(I Sewer Cape ity Enhancement Charge
Herndon I Trunk Sewer Service Area
251 Units @ $873.00 per Unit ®5. $21,825.00
(qLg2p.per Avenue Sewer Lift Station Benefit Service Area Charge p
25 Units $650.00 e Unit1 250.00 $0.0-01- 1 $16,250.00
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2005 1109 Estimate Number
5095 Water Job Number
Estimated Deposit(FMC 14-111-f) 1 00.00 $12,600.00
(b)Service Connection Charges
25 1-1/2"Meters to existing services @ $455.00 each $11,375.00 $0.00 $11,375.00
EXHIBIT B 01/01/01 Printed 10/09/06 8:59:58 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for Tract 5272
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(cl Frontage Charge
LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
12.6549 Gross Acres @ $643.00 per Gr Acre $8,137.10
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge $8,137.10 $0.00* $8,137.10
(e)Transmission Grid Main Bond Debt Service Charge
12.6549 Gross Acres @ $243.00 per Gr Acre $3,075.14
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge 3 75.14 $0.00* $3 075.14
( UGM Water Supply Fee
101-S Supply Well Service Area
25 Living Units(residential) @ $456.00 per Unit $11,400.00
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $11,400.001 1 $11,400.00
( Well Head Treatment Fee
101 Well Head Treatment Service Area
25 Living Units(residential) @ $0.00 per Unit
(h Rechar a Fee
10 11 Recharge Service Area
251 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
25 Living Units(residential) @ $895.00 per Unit $22 375.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $22,375.001 $0.001* $22,375.00
4. CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
25 Living Units(residential) @ $539.00 per Unit $13,475.00
Fire Impact Fee $13,475.001 1 $0.001-
(b)
0.00-(b)PARK FACILITY IMPACT FEE
25 Living Units(residential) @ $3,398.00 per Unit $84,950.00
Park Facility Impact Fee $84,950.00 $0.00 • $84,950.00
(c)REGIONAL STREET IMPACT FEE
25 Living Units(residential) @ $549.00 per Unit $13,725.00
Less Estimated Regional Street Impact Fee Construction Credits $0.00
Regional Street Impact Fee $13,725.001 $0.0-01-
EXHIBIT
0.00 -EXHIBIT B 01/01/01 Printed 10/09/06 8:59:58 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for Tract 5272
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(d)LOCAL MAJOR REGIONAL STREET IMPACT FEE
25 Living Units(residential) @ $1,522.00 per Unit $38,050.00
Local Major Regional Street Impact Fee 38,050.0 1 $0.00 . $38,050.00
(e)SPECIAL INTERIOR COLLECTOR STREET IMPACT FEE for Copper River Ranch
251 Living Units(residential) @ $4,685.00 per Unit $117,125.00
Special Interior Collector Street Impact Fee 117,125.00 $0.00 • $117,125.00
( QUIfZMBY PARKLAND DEDICATION FEE
025 Living Units(residential) @ $0.00 per Unit
Quimby Parkland Dedication Fee 0.00 $0.0-01.
( POLICE FACILITIES IMPACT FEE
25 Living Units(residential) @ $624.00 per Unit $15,600.00
Police Facilities Impact Fee $15,60 $0.00 • $15,600.00
(h)TRAFFIC SIGNAL CHARGE
25 Living Units(residential) @ $414.69 per Unit $10,367.25
Less Estimated Traffic Signal Charge Construction Credits 1 $0.00
Traffic Signal Charge $10,367.2n $0.00 . 10 367.25
Total Impact Fees&Charges $419,764.49 $61,600.00 $358,164.49
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $87,426.87
TOTAL(B) IMPACT FEES&CHARGES $61,600.001 1 $358,164.49
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $149,026.87
EXHIBIT B vt 1/01/01 Printed 10/09/06 8:59:58 AM Page 4 of 4