HomeMy WebLinkAboutT-5368 - Agreement/Covenant - 2/7/2006 (2) WHEN RECORDED MAIL TO:
" City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE - Government Code 6103
City of
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10811
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SUBDIVISION AGREEMENT
FOR THE
FINAL MAP OF TRACT NO. 5368/UGM
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Subdivision Agreement
Tract No. 5368
Page 2
THIS AGREEMENT is made this D {• day of P 1r#KbfA
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
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the"City,"and Fresno Park Communities, LLC, a California Limited Liability Company, 5521
Reseda Boulevard, Suite 203,Tarzana, California 91356, hereinafter designated and called the
"Subdivider," without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5368 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
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dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order th4the 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. 5368/UGM
dated October 20, 2004 issued by the City and any amendments thereto (hereinafter referred to
Subdivision Agreement
Tract No. 5368
Page 3
as"Conditions of Approval"and incorporated into this agreement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, in.consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with!,said tentative map, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before 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 o(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 -j 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 111,Article 9 of UFC relating to Fire
Department access and water supply.i No building permit shall be issued until all
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Subdivision Agreement
Tract No. 5368
Page 4
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.
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2. The work and improvements,more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with Jhe construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release tof securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
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Subdivision Agreement
Tract No. 5368
Page 5
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street light
system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "dead-end" streets created! by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with Public Works Standards within seven(7)days
from the time said basins become operationall, 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 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 miscellaneous improvements in accordance with the approved
improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the
designated easements or areas required in the Conditions of Approval (COA) and
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Subdivision Agreement
Tract No. 5368
Page 6
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, except that for improvements to be maintained by
the City's Community Facilities District, such improvement plans shall be approved by the
City Engineer.
The Subdivider has elected to .satisfy Subdivider's maintenance obligation of such
improvements, including certain additional public improvements, by annexing the
Subdivision into CFD-11 and shall maintain such improvements until such time as the City
Engineer determines that CFD-11 is responsible for such maintenance thereafter.
Additionally Subdivider shall provide each prospective purchaser,a"Notice of Special Tax"
in accordance with the provisions of Section 53341.5 of the California Government Code
and the Statement of Covenants Affecting Land Development for the Maintenance of
Certain Public Improvements Within and Adjacent to the Final Map of Tract No. 5368
recorded as Document No. on ,
Fresno County Records and.incorporated into this agreement by this reference. (NOTE:
The recording data for this Statement shall be added by the City Clerk)
j. Perform and construct all work shown on the following construction plans
and any amendments thereto
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i. City Drawing Nos: 15-C-12701 through 15-C-12706(street plans);
4-C-872 (street light plans): 10-C-8943 through 10-C-8946 (water and sewer
plans); and
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the
City and /or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions,the total fees and charges due as a condition of Final
Map approval. The total fees and charges are more particularly itemized and made a part
of this agreement in the attached Exhibit "B."
I. In connection with assigning figures set forth in Exhibits"A"and °B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these',figures represent City's best estimates only
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Subdivision Agreement
Tract No. 5368
Page 7
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
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;Iand subcontractors performing work on said
Subdivision Agreement
Tract No. 5368
Page 8
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 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
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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
Subdivision Agreement
Tract No. 5368
Page 9
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
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
Subdivision Agreement
Tract No. 5368
Page 10
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 Sul bdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be,the responsibility of the.Subdivider to give the City Engineer written
notice not less,than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work,shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked)by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
Subdivision Agreement
Tract No. 5368
Page 11
dust control".as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or,at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If,within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City
Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel
of City or by contract as the City Engineer shall determine,and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor, the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in
a safe and passable condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations.
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
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Subdivision Agreement
Tract No. 5368
Page 12
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. .
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Subdivision Agreement
Tract No. 5368
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Fresno Park Communities, LLC, a California
DAVID D. HEALEY, Director Limited Liability Company
Public Works Department
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Michael T. Kirn, Assistant Director Tim Spate, ging Member
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorne
By:
Deputy
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: O
STATE OF California )SS APN No:
COUNTY OF FRESNO )
On 11/30/2005 before me, C.JOY personally appeared
TIM SPATE
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 the/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.
J
WITNESS my hand a official al. C.Joy
COMM.#1393936
Signature - 9 L NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
My Comm.Expires Jan.16,2007
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS) TITLE(S)
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: SUBDIVISION AGREEMENT FOR THE FINAL MAP OF TRACT NO.
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Insurance 1/2001
Tract No. 5368/UGM
P.W. File No. 10811
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on YQW 12— , 2006, in the office of the Fresno County Recorder,
Document No. 2OC75 ' ( � O _ of which the Deed of Trust in by and between
� Sl/�,(� �C1✓l C (T( �S , as Trustor,
as Trustee
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and �i � Q `� ��--' , as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for the Final Map of Tract No. 5368/UGM.
DATED: { ��
BENE CIARY
'FOS
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of lc.G, ► ►�\� Gi
County of
On 10`b -Z.00!S^ before me, _ 0 J� 0,ru
Name and Title of (e.g.,"Jane[Joe,Notary Public")
personally appeared VV) , G,
Name(s)of Signer(s)
❑ -OR- 'q proved to me on the basis of satisfactory evidence to be the person(') whose
name(s.,� is/2f subscribed to the within instrument and
acknowledged to me that he/sHe/tT�y executed the same in
SHERRY DAVIS his/ha[/tP1,�lr authorized capacityN—, ,, and that by his/hZ/tNir
F COMM.#1463543 or the entity upon
"T ^ ; Notary Public-California to
Pry signature( on the instrument the person.,
"` behalf of which the person acted, executed the instrument.
11A :fie � SAN LUIS OBISPO COUNTY �
My Comm.Exp.Jan 17,2008
WIT SS m
yilhand a official seal.
Signature of Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below 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 I
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: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): I❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑.Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
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On January 10, 2006, before me, Elvia Sommerville,!Deputy City Clerk, personally appeared,
Michael T. Kirn, Assistant Public Works birector,l known to me (or proved to me on the basis
of satisfactory evidence)to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/theirsig
nature(s) on the instrument(s)the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
By �. J
Deputy January 10,2006(4:22pm)
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EXHIBIT A Subdivision Agreement for Tract 5368
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $63,725
Well Construction Cost Estimate ! $0
Sewer System Construction Cost Estimate $41,600
Street Construction Cost Estimate j $311,366
Final Cost Estimate (for inspection Fee purposes) $416,691
104 Landmarks, Monuments, Lot& Block Corners ($50/ea) $5,200
Sub-Total (for bonding purposes) $421,891
Construction Contingency(10%) $42,189
TOTAL COST ESTIMATE'
(for improvement securities purposes) $464,080 $464,000
"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 !i
credit $441,000
5%of amount shall be in cash or a Certificate of Deposit $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 I $232,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/lrrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $0
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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 $0
Minimum amount $9,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 10/31/05 Print Date: 10/31/05 9:49:13 AM Pagel of 1
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EXHIBIT B Subdivision Agreement for T 5368
NET AMOUNT AMOUNT
A. MISCELLANEOUS FEES&CHARGES EXTENSION DUE DEFERRED
1. INSPECTION FEE
$416,691 Final Cost Estimate>$10K<$500K $18,053.46
($4836+3.25%of amount over$10K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $7,934.00
.Less Inspection Fees paid with Early Street
Construction Agreement $10,119.00
Inspection Fee 0.00 $0.00
2. MONUMENT CHECK FEE
39 Lots and Outlots @ $30.00 per Lot 1,170.00 $1,170.00
(MIn$200)
3. STREET SIGNS
4 Street Name
@ sets Sign 17 00 per set $692.00 . $692.00
$ 3. �
Waming/Regulatory signs @ $77.00 sign $77.00 $77.00
4. STREET TREES
45 Inspection Fee(when planted by subdivider) @ $30.00 p�r Tree $1,350.00 $1 350.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
replacement of Stamped Concrete Paving @ _ $20.00 per SF
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(1)(6
Lum Sum Charge as established by Public Works Director j na na
7, LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-11)
Lum Sum Landscaping $19,812.44
Lum Sum Other maintained features rr $1 526.00526.0011
Incidentaleriexpenses: legal fees,publications.mailings,
Lum Sum
engineering,assessment district proceedings $4 000.00
Lum Sum Landscape area Field Inspection Fee @ $305.00 LS $305.00
Public Works
Total $25 643.44 $25,643.4
1 402.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @F_—_$-5-0_0 per LF na na
TOTAL MISCELLANEOUS FEES&CHARGES _ _ $28,932.44 $28,932.44
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EXHIBIT B v11/01/01 Printed 11/04/05 3:29:09 PM Page 1 of 4
EXHIBIT B Subdivision Agreement fob- T- 5368
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES CONSTRUCTION CREDITS& ES
FE TO BE DEFERRED
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9.9754 Gross Acres -
0.0000 Net Acres
9.5575 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
38 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES.
AJ FMFCD Drainage Area
9.9757 P Acres per FMFCD @ $3 710 ler Acre $37,010.00
Local Drainage fee 7,01 .00 $37,010.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
-�SF; sub-total Lateral Sewer Charge @ $0.10 per SF
(b)Oversize Sewer Charge
21 UGM Reimbursement Area
Frontage:IN.Polk Avenue 33 100 SF
Total Square Feet 33 100 S
33 100 SF;subtotal Oversize Sewer Charge @ $0.05 per SF 1-655.0
0
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 1,655.00 $162.76 ' $1,492.24
Fee Due for Lots under Early Issuance of Building Permits Agreement
(c)Trunk Sewer Charge
Cornelia Trunk Sewer Service Area .
381 Units @ $419.00 per Unit 15 922.00 $15,922.00
(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)
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2005 0315 lEstimateNumber
50441 Water Job Number
Estimated Deposit(FMC 14-111-f) 16 400.00 $0,001(133)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
33 1"Meters to existing services @ $330.00 each $10,890.001 $0.00 $10 890.00
1 1-1/2"Meters to existing services @ $455.00 each $455.001 $0.00 1 $455.00
(b2)Landscape Service Connection Charges
2"Meters to existing services @ _ _ $530.00 each 530.00 $530.00
(c)Frontage Char e
Frontage: W.Indianapolis Avenue 110 LF
Sub-Total Lineal Feet('Y2 rate) 1 0 LF
110 LF; sub-total Frontage Charge(Yz rate) @ $3.25 pe LF $357.50
EXHIBIT B v11/01/01 Printed 11/04/05 3:29:09 PM Page 2 of 4
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EXHIBIT B Subdivision Agreement four T- 5368
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Frontage:IN.Polk Avenue 331 LF
Sub-Total Lineal Feet(full rate) 31 LF
331 LF; sub-total Frontage Charge(full rate) @ $6.50 �er LF $2,151.50
Sub-Total Frontage Charge $2,509.00
Less estimated Frontage Charge Credits
Frontage Charge 2,50 .00 $249.741-
(d)
246.74 `(d)Transmission Grid Main Charge
B UGM Reimbursement Area
9.9754 Gross Acres @ $643.00 per Gr Acre $6 414.18
Less Estimated TGM Construction Credits
Transmission Grid Main Charge 6,414.18 $630.78 ` $5,783.40
(e)Transmission Grid Main Bond Debt Service Charge
9.9754 Gross Acres @ $243.00 per Gr Acre $2,424.02
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 2 424.02 $238.38 ` $2,185.64
( UGM Water Supply Fee
301-S I Supply Well Service Area
38 Living Units(residential) @ $508.00 per Unit $19 304.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee
19,304.00 $19,304.00
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( Well Head Treatment Fee
3011 Well Head Treatment Service Area
38 Living Units(residential) @ $221.00 per Unit $8 398.00
Less Estimated Well Head Treatment Fee Construction Credits 1 $0.00
Well Head Treatment Fee 8,398.00I $8,398.00
(h)Recharge Fee
echarge Service Area
338 Liv ng Units(residential) @ $0.00 per Unit
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(i)1994 Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
381 Living Units(residential) @ $60.00 per Unit $2 280.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits) $0.00
1994 Bond Debt Service Fee 280.001 $240,001* $2,040A0
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4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
16 Fire Station Service Area
9.9754 Gross Acres @ $1 242.00 pei Gr Acre $12 389.451 $12,389-4-51
(b)UGM NEIGHBORHOOD PARK FEE
4 Neighborhood Park Service Area
9.9754 Gross Acres @ - $1,783.00 ped Gr Acre $17,786.14 $17,786.14 $0.00
EXHIBIT B v11/01101 Printed 11/04/05 3:29:09 PM Page 3 of 4
EXHIBIT B Subdivision Agreement four T- .5368
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)UGM MAJOR STREET CHARGE
E-4 Major Street Zone
9.5575 Adjusted Gross Acres @ $3 531.00 per AG Ac $33 747.53
Less Estimated Major Street Charge Construction Credits
Major Street Charge 33,747.531 13,311,79 ` $30,428.74
(d)UGM MAJOR STREET BRIDGE CHARGE
E-4 Major Street Bridge Zone
9.5575 Adjusted Gross Acres @ $196.00 per AG Ac $1,873.27
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1,873.27 $184.22 ` $1,689.05
(e)UGM GRADE SEPARATION CHARGE
E 4-A Grade Separation Service Area
9.5575 Adjusted Gross Acres @ F_$4,Eg per AG Ac $4 233.97
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 4,233.97 _$416.38 ` $3,817.59
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S. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a TRA) FFIC_SIGNAL CHARGE
38 Living Units(residential) @ $414.69 pl r Unit $15,758.22
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge. 15,758.22 $1,658,76 ' $14,099.46
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Total Impact Fees&Char es $209,979.78 $118,436.40 $75 143.38
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $28,932.44
TOTAL(B) IMPACT FEES&CHARGES $118,436.40 $75,143.38
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $147,368.84
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