HomeMy WebLinkAboutT-5340 - Agreement/Covenant - 8/25/2006 ,I
City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street =
Fresno, California 93721-3616
(559) 621-8650
II
P.W. File No. 10992
SUBDIVISION AG EEMENT
FINAL MAP OF TRA T NO. 5340
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Subdivision Agreement
Tract No. 5340
Page 2
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THIS AGREEMENT is made this 2ZKj day of 20 04
by and between the City of Fresno, a Municipal Cor oration, hereinafter designated and called
the "City," and STOCKBRIDGE VENTURE 11, LLC., a California Limited Liability Cornpan ,
2972 Larkin Avenue, Clovis, California 93612, hereinafter and ^a!i—! the
"Subdivider," without regard for number or Gender.
RECITALS
A. The Subdivider has presented to thCity a certain final map of a proposed
subdivision of land owned by the Subdivider and loc ted within the corporate omits of tl t; C14
known and described as the Final Map of Tract No. 53 0(hereinafter referred to as the"Fi`<<;i Mlap-"
and incorporated into this agreement by this referenc ) and has requested the City to accept the
dedications delineated and shown on the Final Map f r the use and purposes specified thereon,
and to otherwise approve the Final Map in order that t e same may be recorded, as required by
law.
B. The City requires, as a condition prece ent to the acceptance and approval of the
Final Map, the dedication of such streets, highways nd public places and easements as are
delineated and shown on the Final Map, and deems th same as necessary for the public USP, anal
also requires that any and all streets delineated and sh wn on the Final Map shall be improved by
the construction and the installation of the improveme is hereinafter specified.
C. Section 12-1014 of the Municipal Code o the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Sub ivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No. 5340/UGM
dated February 2, 2005 issued by the City and any a endments thereto (hereinafter referred to
as"Conditions of Approval"and incorporated into this a reement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, i consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdivider desires to construct their provements and develop the subdivision.
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Subdivision Agreement
Tract No. 5340
Page 3
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E. The Subdivider hereby warrants that a6y 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 herbto and made a part of this instrument.
AGREEMEf�T
In consideration of the acceptance of the offors of dedication of the streets, highways,
public ways, easements and facilities as shown aid delineated on the Final Map, and in
consideration of finding of substantial compliance with laid 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 follow ng:
a. The work and improvements sh II be performed hereinafter specified on or
before one (1) year of the date of this greement, except as noted below.
b. The Sidewalk and driveway app ach construction for the interior lots of the
subdivision shall be completed on or efore two (2) years of the date of this
agreement.
C. The Street Trees required for ea h 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 y the City Engineer. The Subdivider shall
notify the Public Works Department onstruction Management Division of the
planting schedules and to schedule ins ections.
d. The Issuance of building permits or any structure within the subdivision shall
conform to the requirements of the pr vailing Uniform Fire Code (UFC). The
Subdivider's attention is particularly calle to Part III,Article 9 of UFC relating to Fire
Department access and water supply. o building permit shall be issued until all
Fire Department access and fire fighting ater supply requirements have been met.
No occupancy permit shall be issued u til all Fire Department requirements for
occupancy have been met. The issuanc of any occupancy permits by the City for
dwellings located within said subdivisio shall not be construed in any manner to
constitute an acceptance and approval o any or all of the streets and improvements
in the subdivision.
Subdivision Agreement
Tract No. 5340
Page 4
e. No certificates of occupancy ill be issued nor any human occupancy
allowed for any building on any lot of th 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 u foreseen causes beyond the control and
without the fault or negligence of the ubdivider, the time of completion may be
extended for a period justified by the a ect of such delay on the completion of the
work. The Subdivider shall file a writ en request for a time extension with the
Director of Public Works prior to the ab a noted date,who shall ascertain the facts
and determine the extent of justifiabl delays, if any. Extension of time for
completion of improvements(including treet trees planting)may be granted by the
Public Works Director with an extensio fee from the current Master Fee Schedule
based upon the initial estimated total i provement cost. The Director of Public
Works shall give the Subdivider written otice of his determination in writing, which
shall be final and conclusive.
2. The work and improvements, more spe ifically shown on the referenced plans and
made a part hereof, shall be done in accordance with t e construction standards contained in the
2002 Edition of the City of Fresno Standard Specificati ns and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amen ments thereto, (hereinafter referred to as
"Public Wurks Standards") at tl te rule oust and exper se of the Subdivider includirig all I;osts of
engineering, inspection and testing.
3. The work and improvements are as foil ws:
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 Sub ivision Map Act, prior to the City's final
acceptance of the subdivision and release o securities, the Subdivider shall submit
evidence to the City of Fresno of payment and r ceipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monument required in the subdivision.
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Subdivision Agreement
Tract No. 5340
Page 5
b. All utility systems shall be insta led underground. Subdivider's attention is
directed to the installation of street lights in ac ordance with Resolution No. 78-522 or any
amendments or modifications which may b adopted by Council prior to the actual
installation of the lights. The Subdivider shall onstruct 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 stan ards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or an amendments or modifications which may
be adopted by Council prior to the actual install tion of the lights and shall be approved by
the City Engineer.-
c. Water main extensions and se ices 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 s rvices shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of t e Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accorda ce 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 withi seven (7) days from the time said streets
are surfaced, or as directed by the Cib, Engine r.
g. Any temporary storm water reten on basins constructed or enlarged to serve
this subdivision shall be fenced in accordance ith Public Works Standards within seven
(7)days from the time said basins become oper tional, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Se ions 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 ost of construction. Should the actual
construction cost be less than the deposit, the ubdivider 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 an shall be directly responsible for payment.
Subdivision Agreement
Tract No. 5340
Page 6
i. The Subdivider shall install an maintain the fencing/walls, landscaping,
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irrigation system and certain miscellaneous improvements in accordance with the approved
improvement plans (i.e., Landscape and Irr�gation Plans, Grading Plans), within the
designated easements or areas required in tho Conditions of Approval and delineated on
the Final Map.
The improvement plans for such landscaping, irrigation system and miscellaneous
improvements 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, excep that for improvements to be maintained by
the City's Community Facilities District No. 2 ( FD-2), such improvement plans shall be
approved by the City Engineer.
The Subdivider has elected to satisfy Sub ivider's maintenance obligation of such
improvements by annexing the Subdivisio into CFD-2 and shall maintain such
improvements until such time as the City Engi eer determines that CFD-2 is responsible
for such maintenance thereafter. Additionally ubdivider shall provide each prospective
purchaser, a "Notice of Special Tax" in accordance with the provisions of Section 53341.5
of the California Government Code and the Statement of Covenants Affecting Land
Development for the Maintenance of Landscapi g and Irrigation System for Tract No. 5340
recorded as Document No. on ,
Fresno County Records and incorporated into his agreement by this reference. (NOTE.
The recording data for this Statement shall be dded by the City Clerk)
j. Perform and construct all work hown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: 10-C- 0111 through 10C-10113 inclusive(sewer
and water), 15-C-13223 through 15-C-13230 inclusive (street), and Drawing
Nos. 4-C-936 inclusive (street lighting), nless specifically omitted herein.
Install and complete all other street improve ents required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
Subdivision Agreement
Tract No. 5340
Page 7
k. Prior to approval of the Final M p by the City,the Subdivider shall pay to the
City and /or execute a covenant to defer cert in impact fees due which are eligible to be
deferred by relevant FMC provisions,the totales and charges due as a condition of Final
Map approval. The total fees and charges aremore articularly itemized and made a art
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of this agreement in the attached Exhibit"B."
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I. In connection with assigning fig res set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the mounts to be credited as reimbursements
for improvements that will benefit other prope ies. Because the subject improvements
have not been completed at the time of exec tion 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 gures represent City's best estimates only
and that they are subject to fluctuation followi g calculation of actual construction costs
after improvement completion and accepts ce. It is further subject to Subdivider's
submission and City review of a financial acco nting 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 reim ursement thereto. This would include any
pertinent provisions contained within City's Ma ter Fee Schedule which would also apply
to the payment of fees or reimbursements .
4. It is agreed that the City shall inspect a I work. All of the work and improvements
and materials shall be done, performed and installe in strict accordance with the approved
construction plans for said work on file with the City E gineer and the Public Works Standards,
which said construction plans and Public Works Standa ds are hereby referred to and adopted and
made a part of this Agreement. In case there are not a y Public Works Standards for any of said
work, it is agreed that the same shall be done and perfor ed in accordance with the standards and
specifications of the State of California, Division of Hig ways. All of said work and improvements
and materials shall be done, performed and installed un er the inspection of and to the satisfaction
of the City Engineer.
Subdivision Agreement
Tract No. 5340
Page 8
5. Prior to the approval by the Fresno Ci Council of the Final Map, the Subdivider
shall furnish to the City the following improvement ecurities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more my authorized corporate sureties licenced
to do business in California subject to the approval of he City and on forms furnished by the City.
a. PERFORMANCE SECURITY. otal amount to equal to 100% of the Final
Cost Estimated to,be conditioned upon the fai hful performance of this Agreement.
i. 95% of the final Cost stimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost E timate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Totalmount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors nd subcontractors performing work on said
improvements and all persons furnishing labo , materials or equipment to them for said
improvements. Payment Security shall be in t e form of a bond or irrevocable instrument
of credit.
C. Any and all other improvement ecurity as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by he City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimu 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 furni hed. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security s all 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 a ter final acceptance of the subdivision
improvement.
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Subdivision Agreement
Tract No. 5340
Page 9
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of,or owned by, another, whether
such land be privately or publicly owned.
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8. The City shall not be liable to the subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage tha may result to any person or property by or
from any cause whatsoevgr in,on or about the subdivi ion of said land covered by this Agreement,
or any part thereof. The Subdivider hereby releases nd agrees to indemnify, defend, and save
the City harmless from and against any and all injuri to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoeve same may be caused, resulting directly or
indirectly from the performance of any or all work to b done in and upon the street rights-of-way
in said subdivision and upon the premises adjacent th reto pursuant to this Agreement, and also
from all injuries to and deaths of persons, and all cl ims, demands, costs, loss, damage and
liability, howsoever same may be caused, either dir ctly or indirectly made or suffered by the
Subdivider, the Subdivider's agents, employees an subcontractors, while engaged in the
performance of said work. The Subdivider further agre s that the use for any purpose and by any
pcl'son of any and all of the streets and improvements sere inbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times pri r to final acceptance by the City of the
completed street and other improvements thereon an therein.
9. The Subdivider shall remedy any defecti a work or labor or any defective materials
and pay for any damage to other work resulting therefr m which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors s all pay for any materials, provisions, and
other supplies used in, upon,for, or about the performa ce of the work contracted to be done, and
for any work or labor thereon of any kind,and for amount due under the Unemployment Insurance
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Subdivision Agreement
Tract No. 5340
Page 10
Act of the State of California,with respect to such wort 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 he duration of the period of construction.
11. Initial soils compaction testing for p blic utility improvement work within the
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right-of-way shall be ordered by and paid for by the ity of Fresno. Public utility improvements
shall include street surfage improvements, sanitary nd storm sewers, City water facilities and
irrigation lines. All other compaction testing for privat 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 c Introl and direction of the City Engineer who
shall determine locations and depths to be tested. An compaction tests failing to meet the City's
requirements shall be reordered by the City and paid f r by the Subdivider or his agent. Billing for
the private utility tests and any required retesting du to failures shall be made directly to the
Subdivider or his agent.
12. The Subdivider shall comply with Str t, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
- 13. it shall be the responsibitity of tide Sub ivider io coordinate ail work-done by his _
contractors and subcontractors, such as schedulin the sequence of operations and the
determination of liability if one operation delays anoth r. In no case shall representatives of the
City of Fresno be placed in the position of making d cisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the ubdivider to give the City Engineer written
notice not less than two (2) working days in advance f the actual date on which work is to be
started. Failure on the part of the Subdivider to notify th City Engineer may cause delay for which
the Subdivider shall be solely responsible.
Subdivision Agreement
Tract No. 5340
Page 11
14. Whenever the Subdivider varies the pe iod during which work is carried on each day,
he shall give due notice to the City Engineer so t at 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, notwithstand ng 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, con rete work or street paving that occurs after
installation shall be made good to the satisfaction of he City Engineer by the Subdivider before
release of bond, or final acceptance of completed wo k.
16. Adequate dust control shall be maintain d by the Subdivider on all streets within and
without the subdivision on which work is required to b done under this Agreement from the time
work is first commenced in the subdivision until the pa ing of the streets is completed. "Adequate
dust control'as used herein shall mean the sprinkling f the streets with water or the laying of an
approved dust palliative thereon with sufficient frequen y to prevent the scattering of dust by wind
of the dctiviiy of veliicies afid equiprnent canto airy sti et area~or private propert a 'aceiit to the
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subdivision. Whenever in the opinion of the City En ineer adequate dust control is not being
maintained on any street or streets as required by thi 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 Sub ivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivi er or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his addr ss on file with the City Engineer. If,within
twenty-four (24) hours after such personal service of s ch notice or within forty-eight (48) hours
Subdivision Agreement
Tract No. 5340
Page 12
after the mailing thereof as herein provided,the Subdi ider shall not have commenced to maintain
adequate dust control or shall at any time thereafter f it to maintain adequate dust control, the City
Engineer may, without further notice of any kind, cau a any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the sc ttering 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 cos to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed,this s rfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar da s, and the roadway shall be maintained in
a safe and passable condition at all times between th commencement and final completion, and
adequate dust control shall be maintained during the operations.
17. Concrete curbs and gutters, the sanit ry sewer system and house connections,
together with water mains,gas mains,and their respect ve 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 Agreeme t, and the same shall bind and inure to the
benefit of the parties hereto, their successors and ass gns.
19. No assignment of this Agreement or f any duty or obligation of performance
hereunder shall be made in whole or in part by the Su divider 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 th planning, design, pre-construction and
construction phases of the work and improvements, an any maintenance of such improvements,
constitutes a"public work" as defined in Chapter 1, Pa 7, Division 2 of the California Labor Code
to which Section 1771 thereof applies, and Subdivider hall cause the work to be performed as a
Subdivision Agreement
Tract No. 5340
Page 13
"public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider
shall 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 contralctors, including the payment of wages to
workers performing the work.
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Subdivision Agreement
Tract No. 5340
Page 14
The parties have executed this Agreement Iln the day and year first above written.
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CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
�California
OCKBRIDGE VENTURE II, LLC.
Limited Liability Company
Public Works Department
By: AT.
' y:
Michairn, P.E., Assistant Director Gu St , Manager
ATTEST:
REBECCA E. KLISCH, CMC
City Clerk
a
By. (Attach Notary Acknowledgment)
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On Auqust 14, 2006 (before me, Eve L. Contreras, Notary Public,
personally appeared Guy Stockbridge
person Ily known to me
EVE L CONTRERAS
❑ proved to me on the basis of satisfactory evidence
Commis b altom5 to be the erson whose name is subscribed
� Notary F'ubllc-CaAtomla
Freano County to the wit in instrument and acknowledged to me that
My Comm.ExPkwAPr9,2008 he execut d the same in his
authorize capacity, and that by his
signature n the instrument the person, or the
entity upo behalf of which the person acted,
executed he instrument.
WITNES , my han and official seal.
OPTIONA
Though the information below is not required by law,it may prove aluable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Subdivision Agree ent for Tract 5340
Document Date: August 14 2006
Signer(s) Other Than Named Above: Michael T. Kirn, P.E. Assistant Director
Capacity(ies)Claimed by Signer
Signer's Name: Guy Stockbridge
❑ Individual
Corporate Officer-Title(s): Manager
❑ Partner-0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Stockbridge Venture II LLC
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on FEBRUARY 22 20 06 , in the office of the Fresno County Recorder, as
Document No. 2006-0037447 of which the Deed of Trust in, by and between:
STOCKBRIDGE VENTURE II, LLC , as Trustor,
UNITED SECURITY BANK , as Trustee and
UNITED SECURITY BANK , as Beneficiary,
hereby expressly subordinates said Deed of Trust an its beneficial interest thereto to the foregoing
Subdivision Agreement for the Final Map of Tract N . 5340.
DATED: JULY 12, 2006
B NEFiCIARY
f
ILLIAM T KEENER,
ICE PRESIDENT & R/E CONSTRUCTION MANAGER
(Beneficiary to print/type document information,
Na e,Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWL DEMENT
State of California
County of TT_e.<*V ss.
On before me, k�G.,
DateName and Title of Officer(e.g.,"Jane Doe,Notarl Puf lic")
personally appeared t
personally known to me
,,,,k
❑ pro ed to me on the basis of satisfactory evidence
to be he person(s) whose name(s) is/are subscribed
rz;�M_t-;M C101.MIRANDA to the ithin instrument and acknowledged to me that
Notary
Public
# 1504938 he/sh /they executed the same in his/her/their
qbMy
Notary Fsno -unty mia autho ized capacity(ies), and that by his/her/their
Fresno County Comm.Expires Aug 1,200e signat re(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
execu ed the instrument.
N S a and official se
Place Notary Seal Above
Signature of Notary Public
OPT/ONA
Though the information below is not required by law, it may pr ve valuable to persons relying on the document
and could prevent fraudulent removal and reattach ent of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sign is Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ C rporate Officer—Title(s):
❑ Partner—❑ Limited ❑ GeneralOWN T ❑ P rtner—El Limited El General
❑ Attorney in Fact •
y Top of thumb here ❑ A or,
in Fact Top of thumb here
❑ Trustee ❑ Tr stee
❑ Guardian or Conservator ❑ G ardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9131 -2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on EF RLIARy 99 20_QL , in the office of the Fresno County Recorder, as
Document No. 2006-0037448 of which the Deed of Trust in, by and between:
STOCKBRIDGE VENTURE II, LLC _ , as Trustor,
FINANCIAL TITLE COMPANY, A CALIFORNIA CORPMATTO N , as Trustee and
JAMES EDWARD POPLIN AND DEBRA LYNN PORLIN, WISRAND ANT) rain AS as Beneficiary,
' JOINT TENANTS
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement for the Final Map of Tract No. 5340.
DATED: '1 /3/"
BENEFICIARY
STATE OF OREGON, l
I } ss.
County of----!�C1���------------------------- )))
On______ __ 13O4 Lobefore me personally appeared -_____-Q
- DTE
--- �(,----- ��__� �' \�---- -------------------------------------------------------------------->
whose identity was established to my satisfaction, and who executed the foregoing instrument, acknowledging to me that the same was
executed freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand affix my official seal on th to first written above.
/T� OFFIGIALSEAL
-- — �� ------------ ---- ------ ------------
k
DAWN f3ALLEW Notary Public for Oregon
PUBLIC-OREGON My commission expires -___� - _
A
C(�lalti4l� O tIO. 380128
a{/mow h4 ar!FYI,F11gF,4AYTP"
FORM NO.23-ACKNOWLEDGMENT,INDIVIDUAL. EB COPYRIGHT 2001 STEVENS-NESS LAW PUBLISHING CO.,PORTLAND,OR 9720,
EXHIBIT A Subdivision Agreement for Tract 5340
A APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $32,638
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $25,040
Street&Storm Drain Construction Cost Estimate $286,792
Final Cost Estimate (for Inspection Fee purposes) $344,47011
61 Landmarks, Monuments, Lot& Block Corners ($50/ea) $3,050
Sub-Total (for bonding purposes) $347,520
Construction Contingenby(10%) $34,752
TOTAL COST ESTIMATE*
(for improvement securities purposes) $382,272 $382,000
* 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 $363,000
5% of amount shall be in cash or a Certificate of Deposit 1 $19,000
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 $191,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $3,000
0.5% of amount over$500,000 1 $0
Minimum amount 1 $8,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 07/10/06 Print Date:07/10/06 9:34:27 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tract 5340
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$344 470 Final Cost Estimate>$10K<$500K $15,706.28
($4836+3.25%of amount over$10K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 1 $6,594.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee ,112. 8 $9,112.28
2. MONUMENT CHECK FEE
22 Lots and Outlots @ $30.00 per Lot 00 $660.00
_ (Min$200)
3. STREET SIGNS
0 Street Name Sign sets @ $173.00 per set na na
�J Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
29 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $870.00 $870.00
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
G. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director nal na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
22 Lots(anticipated maintenance cost) @ $696.18 per Lot $15,315.96
Lum Sum Other maintained features $0.00
Incidental expenses: legal fees,Publications,mailings,
Lum Sum engineering,assessment district proceedings $3,500.00
Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00
P1.-b1h WorkF
Total $19120.96 $19120.96
$707.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
ULineal Feet @ $5.00 per LF na na
9. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 8 CHARGES $29,763.24 $29,763.24
EXHIBIT B v11101/01 Printed 07/10/08 9:34:53 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for Tract 5340
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
5.6284 Gross Acres
4.8018 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
22 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CX FMFCD Drainage Area
5.6284 Acres per FMFCD @ $3 790 per Acre $21 332.00
Local Drainage Fee 1 $21,332.00 1 $21,332.003
2. SEWER CONNECTION CHARGES ,
(a)Lateral Sewer Charge
Frontage:I E.Powers Avenue 67 300 SF
Total Square Feet I 67,rOMSF
67 300 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $6 730.00
Less estimated Lateral Sewer Charge Credits $0.00
Lateral Sewer Charge 1 $6, 3 .01 $0.00 1 $6,730.00
(b) ersize Sewer Charge
2 UGM Reimbursement Area
Frontage: N.Maple Avenue 23 400 SF
Frontage: E.Powers Avenue 67,300 SF
Total Square Feet I 90,7001SF
90 700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $4 535.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 1 $4,535.0011 $4,535.00
(c)Trunk Sewer Charge
F___H_e_m_d_on1 Trunk Sewer Service Area
22 Units @ $496.00 per Unit 1 $10,912.001 $10,912.00
(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
Herndon I Trunk Sewer Service Area
22 Units @ $0.00 per Unit C 0.0 1 $0.00
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2005 1111 Estimate Number
5098 Water Job Number
Estimated Deposit(FMC 14-111-f) $16,400.001 1 $0,001(133)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
22 1"Meters to existing services @ $330.00 each $0.001 1 $7,260.00
EXHIBIT B v11/01/01 Printed 07/10/06 9:34:53 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for Tract 5340
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b2)Landscape Service Connection Charges
2"Services&Meters @ $2 020.00 each 0 0.01 $2,020.001
(c)Frontage Charge
Frontage:I E.Powers Avenue 643 LF
Sub-Total Lineal Feet(full rate) ®LF
643 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $4 179.50
Sub-Total Frontage Charge $4 179.50
Less estimated Frontage Charge Credits
Frontage Charge $4,179.Ml $0.00 $4,179.50
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
5.6284 Gross Acres @ $643.00 per Gr Acre $3 619.06
Less Estimated TGM Construction Credits
Transmission Grid Main Charge $3,619.0 $0.00 $3,619.06
(e)Transmission Grid Main Bond Debt Service Charge
5.6284 Gross Acres @ $243.00 per Gr Acre $1 367.70
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $1,367.701 $0.00 $1,367.70
( UGM Water Supply Fee
101-S Supply Well Service Area
22 Living Units(residential) @ $456.00 per Unit $10 032.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply FeeT15,632—On. $10,032.0-01
( Well Head Treatment Fee
1011 Well Head Treatment Service Area
22 Living Units(residential) @ $0.00 per Unit
(h)Recharge Fee
101 Recharge Service Area
22 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
22 Living Units(residential) @ $895.00 per Unit $19 690.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $19,990M $0.00 $19,690.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�TATION FEE
13 Fire Station Service Area
5.6284 Gross Acres @ $251.00 per Gr Acre $1 412.73 $0.001 $1412.73
(b UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
5.6284 Gross Acres @ $2,450.00 per Gr Acre $13,789.58 $0.00 $13,789.58
I.XHI8rr 8 v71101101 Printed 07/10/06 9:34:53 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for Tract 5340
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)UGM MAJOR STREET CHARGE
F Major Street Zone
4.8018 Adjusted Gross Acres @ $3 625.00 per AG Ac $17 406.53
Less Estimated Major Street Charge Construction Credits 1 $0.00
Major Street Charge 1 $17, 1 $0.00 $17 406.53
(d)UGM MAJOR STREET BRIDGE CHARGE
F Major Street Bridge Zone
4.8018 Adjusted Gross Acres @ $72.00 per AG Ac $345.73
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 345. $0.001 $345.73
(e)UGM TRUNK SEWER FEE
Herndonon Trunk Sewer Service Area
4.8018 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
22 Living Units(residential) @ $539.00 per Unit $11 858.00
Fire Impact Fee 11,858. $0.00 $0.00
(b)PARK FACILITY IMPACT FEE
22 Living Units(residential) @ $3,398.00 per Unit $74,756.00
Park Facility Impact Fee 4,7 .00" $0.00 $0.00
(c)POLICE FACILITIES IMPACT FEE
22 Living Units(residential) @ $624.00 per Unit $13 728.00
Police Facilities Impact Fee 1 113,728.531 $0.00 $13,728.00
(d)TRAFFIC SIGNAL CHARGE
22 Living Units(residential) @ $414.69 per Unit $9,123.18
Less Estimated Traffr Signal Charge rnnstnutinn Credits $0.00
Traffic Signal Charge $9,123.1811 $9,123.18
Subject to vesting tentative map date,fee may not be applicable until
2-years after date of Final Map recordation;when applicable,fee is due at
Building Permit for all un-developed lots at the fee rate then in effect.
Total Impact Fees&Charges $250,497.01 $44,296.00 $103 187.01
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $29,763.24
TOTAL(B) IMPACT FEES&CHARGES $44,296.00 $103,187.01
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $74,059.24
EXHIBIT 8 v11101/01 Printed 07/10/06 9:34:53 AM Page 4 of 4