HomeMy WebLinkAboutT-5433 - Agreement/Covenant - 10/6/2005 (3) WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
10/06/1065,20050236591
�3 NO FEE -Government Code 6103
City of 1
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10853
SUBDIVISION AGREEMENT
INCLUDING "ADDENDUM TO SUBDIVISION AGREEMENT" FOR
RIGHTS-OF-WAY ACQUISITION FOR TRACT NO. 5433/UGM
Subdivision Agreement WROW Addendum
Tract No. 5433
Page 2
THIS AGREEMENT is made this 21 A(day of --SepkIviet , 20_f ,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and EUROPEAN GROVE AT FIG GARDEN, LP, a California Limited Partnership,
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. 5433 (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. 5433/UGM
dated February 16, 2005 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
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Subdivision Agreement WROW Addendum
Tract No. 5433
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 planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
required Street Tree planting; shall be in accordance with the Street Trees
fees paid in EXHIBIT "B," attached hereto .and made a part of this
Agreement.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 4
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting water
supply requirements have been met. No occupancy permit shall be issued
until all Fire Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located within
said subdivision shall not bel 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.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with, the construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Final Map.
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Subdivision Agreement w/ROW Addendum
Tract No. 5433
Page 5 I
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Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and releaseof securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street light
system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing,- etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of'the Fresno Municipal Code and all applicable
charges shall apply.
e.. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "dead-end" streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with Public Works Standards within seven(7)days
from the time said basins become operational, or as directed by the City Engineer.
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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.
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 6
i. The Subdivider.shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans(i.e., Landscape and Irrigation
Plans, Grading Plans), within the Landscapel,Easement area required in the Conditions of
Approval and delineated on the Final Map.
The Subdivider has elected to satil fy Subdivider's obligation to maintain the
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landscaping, irrigation systems and certain public improvements in perpetuity by the
homeowners' association pursuant to the Declaration of Covenants, Conditions &
Restrictions for The European Grove At Fig,Garden recorded on �c_f�Q40,�E as
Document No. ZAS- a365-95'-- , Fresno County Records.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect,'certified irrigation designer or other persons
with landscaping and irrigation design . expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:15 IC-12878 through 15-C-12910(street plans);
4-C-905 (street light plans): 10-C-9051 through 10-C-9061 (water and sewer
plans); and
ii. Fresno Metropolitan Flood Control District Drawing Nos:AE-28-1
through AE-28-2.
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
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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
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 7
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.
M. ADDENDUM TO SUBDIVISION AGREEMENT. Subdivider has attempted
but is unable to acquire and dedicate to the City all easements required for street purposes
related to this agreement prior to final map approval. Pursuant to Section 12-1011(b)(6)
of the Fresno Municipal Code, Subdivider requests that City acquire the necessary
easement or dedication through negotiation ;or the lawful exercise of the City's power of
Eminent--Domain. Subdivider agrees to observe all the terms and conditions of the
Addendum to Subdivision Agreement (Right-'of-Way Acquisition) ("Addendum") attached
to this Agreement and incorporated herein by'Ahis reference. Subdivider shall deposit with
the City the sums in a form required by the Public Works Director pursuant to the
Addendum.
Such sums shall be security to pay the City the initial cost to acquire the necessary
easement, but not limited to: just compensation and damages for the interests acquired,
City legal and non-legal staff time as needed Ito attempt a negotiated purchase, appraisal
fees, court costs and the related expenditures mentioned in the Addendum to acquire the
easement through the lawful exercise of the City's power of Eminent Domain. If deposited
funds are less than the actual cost to acquire all necessary right-of-way, the Subdivider
shall remit to the City such additional sums as may be required from time to time to
prosecute the matter to the conclusion, such)further payment to be made within ten (10)
days of the mailing to the Subdivider of a (notice requesting such additional cost. If
deposited sums exceed the actual cost to acquire the subject right-of-way, then at the
conclusion of acquisition proceeding City shall refund the difference as soon as the City
determines the amount of such excess.
4. It is agreed that the City shall inspedall 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 Cityl'I 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 noti,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
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 8
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 SEC URITY.i Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
L 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. 1,
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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.
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Subdivision Agreement w/ROW Addendum
Tract No. 5433
Page 9
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
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corporation whatsoever, for any injury or damage that may result to any person or property by or
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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
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indirectly from the performance of any or all work to•be done in and upon the street rights-of-way
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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.
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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
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Subdivision Agreement WROW Addendum f
Tract No. 5433
Page 10
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, sanitaryl'iand storm sewers, City water facilities and
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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
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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.
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12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all-work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
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14. Wheneverthe Subdivider varies the period during which work is carried on each day,
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 11
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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. 'I 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
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approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
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or the activity of vehicles and equipment onto any street area or private property adjacent to the
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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
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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
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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
Subdivision Agreement WROW Addendum
Tract No. 5433
Page 12
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,
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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.
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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 Slubdivider without the written consent of City.
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Subdivision Agreement WROW Addendum
Tract No. 5433
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
EUROPEAN GROVE AT FIG GARDEN, LP,
a California Limited Partnership
BY: By: European Grove.at Fig Garde Inc.,
DAVID D. HEALEY,birector a California Corp ration,
Public Works Department as G ne al Partn
By:
Kelvin J. Ca tan s, President
By
APPROVED AS TO FORM: a'rd G. Wathen, Secretary
HILDA CANTO MONTOY
City Attorney
By: (Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On September 20, 2005 before me, Michelle C. DeWitt, Notary Public, personally appeared Kevin J. Castanos
and Richard G.Wathen
® personally known to me- OR -
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal.
amyCoMICHELLE C.DE%MTT
Commission#1512843
rnm.
Notary Public-CaliforniaFresno County Expires Sep 12,2008
Signature of Notary Public
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Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s) Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
RIGHT THUMB RIGHT THUMB
OF SIGNER OF SIGNER
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Tract No. 43 3?0("W
P .. Flilc No. 1:085
SUBORDINATION
Th undersigned as:ht ;dew of the b under that.c€s Lair Dc11Id of``rust
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BIEN. I"11G#ARY
Guaranty BAnk
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Russ Rhome, Vice President
(De'1106ciary to pilint;tyne Name,, Title arid,aRach Notary A(Amovviecag ent)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
------------
State of California
L ss.
County of S 4.e_r'a�e_nt- -6 )
On 9 'a before me,clarbara_ ,j.KervAR_dy
Date Name and Title of Officer(e.g., ane Doe,Notaryublic")
personally appeared R tLs s R h 6 to e
Name(s)of Signer(s)
personally known to me )
❑ proved to me on the basis of satisfactory
evidence
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to be the persono whose name(A) is/a-Fe
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same , in his/h44hek authorized
BARBARA J.KENNEDY capacity(ies), and that by his/hefitheir
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 27, 2005,before me, Elvia Sommerville,Deputy City Clerk, personally
appeared,M.T. (Michael T.) Kirn,Assistant Public Works Director, known to me (or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s) are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s)the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
y �1? :
Deputyeptembe'r 27,'2005(12:40pm)
EXHIBIT A Subdivision Agreement for Tract 5433
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $212,878
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $245,960
Street & Storm Drain Construction Cost Estimate $780,222
Final Cost Estimate (for Inspection Fee purposes) $1,239,06011
385 Landmarks, Monuments, Lot& Block Corners ($50/ea) $19,250
Sub-Total (for bonding purposes) $1,258,310
Construction Contingency(10%) $125,831
TOTAL COST ESTIMATE" -
(for improvement securities purposes) E777$1,384,141 $1,384,000
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 $1,315,000
5% of amount shall be in cash or a Certificate of Deposit $69,000
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 $692,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 $4,400
Minimum amount $13,400
EXHIBIT A v4/28/00 Prepared By: Frank Date: 09/16/05 Print Date:09/16/05 3:27:17 PM Pagel of 1
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EXHIBIT B Subdivision Agreement for T- 5433
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$1 239,060 Final Cost Estimate over$500K $51,094.46
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $22,585.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 28,509.46 $28,509.46
2. MONUMENT CHECK FEE
171 Lots and Outlots @ $30.00 per Lot 5,130.00 $5,130.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets @ $173.00 per set $865.00 $865.00
14 Warning/Regulatory signs @ $77.00 sign $1,078.00 $1,078.00
4. STREET TREES
36 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $1,080.00 $1,080.00
(2,149 @ 607tree=36)
Trees by Covenant(Resolution.98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
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 -n-al
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
Lots(anticipated maintenance cost) @ $0.00 per Lot _ na
Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS nal
'Public Works
8. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
TOTAL MISCELLANEOUS FEES 8 CHARGES $36,662.46 $36,662.46
EXHIBIT B v11/01/01 Printed 09/19/05 10:13:17 AM Page 1 of 4
S
EXHIBIT B Subdivision Agreement for T- 5433
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
R
llnput"ugm"if
Gross Acres
Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
Units(residential)
Zoning
within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AE FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre
Local Drainage Fee 0.00 $0.00 (B1)
(B1)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
16/18 UGM Reimbursement Area
Frontage: W.Bullard Avenue 81200 SF
Frontage: N.Jeanne Avenue 46,5001 SF
Frontage: N.Brawle Avenue 65,000 SF;
Total Square Feet 192 700 SF
192,700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF 1 $9,635.00
Less estimated Oversize Credits $47,268.00
Less estimated Overdepth Credits $54,540.00
Oversize Sewer Charge 0.00 $0.001-
Fee
0.00 `Fee Due for Lots under Early Issuance of Building Permits Agreement(3-8,12-17,20-25,37-44,124-127)
(c)Trunk Sewer Charge
Cornelia Trunk Sewer Service Area
1681 Units @ _ $419.00 per Unit $70;392.00 $70 392.00
(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 0412 Estimate Number
5048 Water Job Number
Estimated Deposit(FMC 14-111-f) 29,400.00 $0.00 (83)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
138 1"Meters to existing services @ $330.00 each 5540.00 $0.00 $45 540.00
(b2)Landscape Service Connection Charges
1 1-1/2"Meters to existing services @ $455.00 each L $455.001 $455.00
112"Meters to existing services @ $530.00 each 1 $530.001 $530.00
EXHIBIT B v11/01101 Printed 09/19/05 10:13:17 AM Page 2 of
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EXHIBIT B Subdivision Agreement for T- 5433
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Charge
Frontage:P.Bullard Avenue 7-3 7-1 LF
Frontage: N.Brawle Avenue 500 LF
Sub-Total Lineal Feet(full rate) 1,237 LF
1 237 LF; sub-total Frontage Charge(full rate) @ ___ $6.50 per LF $8,040.50
Sub-Total Frontage Charge $8,040.50
Less estimated Frontage Charge Credits $0.00
Frontage Charge 8,040.50 $1,437.85 ' $6,602.65
(d)Transmission Grid Main Charge
A UGM Reimbursement Area
23.1400 Gross Acres @ $643.00 per Gr Acre $14 879.02
Less Estimated TGM Construction Credits $22 330.00
Transmission Grid Main Charge 0.00 $6.0—(T Paid w!Credits
(e)Transmission Grid Main Bond Debt Service Charge
23.1400 Gross Acres @ $243.00 per Gr Acre $5,623.02
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 5,623.02 $1,025.95 ' $4 597.07
(fjq2GM Water Supply Fee
136-1 Supply Well Service Area
23.14 Gross Acres@ Gr Acre per 356.00 $8,237.84
®p 0
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $8,237.841 1 $8,237.84
( Well Head Treatment Fee
201 Well Head Treatment Service Area
168 Living Units(residential) @ $0.00 per Unit
(h)Rechar a Fee
201 Recharge Service Area
168 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
168 Living Units(residential) @ $0.00 per Unit $0.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
14 Fire Station Service Area
23.1400 Gross Acres @ $2 056.00 per Gr Acre $47 575.84 $8,173.16 ' $39,402.68
(b UGM NEIGHBORHOOD PARK FEE
6 Neighborhood Park Service Area
23.1400 Gross Acres @ $3,283.00 per Gr Acre $75,968.62r $13,010.241-
EXHIBIT
13,010.24 'EXHIBIT B 01/01/01 Printed 09/19/05 10:13:17 AM Page 3 of 4
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EXHIBIT B Subdivision Agreement for T- 5433
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)UGR STREET CHARGE
CID-1 Major Street Zone
20.2800 Adjusted Gross Acres @ $2,798.00 per AG Ac $56,743.44
Less Estimated Major Street Charge Construction Credits 1 $0.00
Major Street Charge 56,743.44 $9,735.09 ' $47,008.35
(d UG�R STREET BRIDGE CHARGE
C/D-1 Major Street Bridge Zone
20.2800 Adjusted Gross Acres @ $94.00 per AG Ac $1,906.32
Less Estimated Major Street Bridge Charge Construction Credits _ $0.00
Major Street Bridge Charge 1,906.32 $392.7:7]*. $1,513.55
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)TRAFFIC SIGNAL CHARGE
168 Living Units(residential) @ $331.75 per Unit $55,734.00
a
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge 55,734.00 $9,688.7D' $46,045.25
Total impact Fees&Charges $406,146.58 $123,078.65 $253 667.83
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $36,662.46
TOTAL(B) IMPACT FEES&CHARGES $123,078.65 $253,667.93
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $159,741.11
EXHIBIT B 01/01/01 Printed 09/19/05 10:13:17 AM Page 4 of 4
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS, this is an addendum -("Addendum") to a subdivision agreement
("Agreement") entered into pursuant to the Subdivision Map Act, specifically, Government
Code Section 66462, affecting the Final Map of Tract No. 5433 ("Final Map"); and,
WHEREAS, Vesting Tentative Map No. 5433/UGM, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City approved the project subject to certain conditions of approval,
which conditions required several public improvements in order to mitigate the impacts of
the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the Final Map, the Fresno City Council, as the
Legislative Body approving final maps under the ,Map Act, must find the Final Map is in
substantial compliance with the Tentative Map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed
and accepted at the time of approval of the Final Map; and,
-WHEREAS,this Addendum pertains specifically to the street improvements beyond
the limits of the Final Map required in the Tentative Map conditions, which require the
Subdivider to develop the infrastructure of,and dedicate the right-of-ways for, certain public
streets that will directly or indirectly serve the project; and,
WHEREAS,with respect to such street improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of
Final Map filing to permit the improvements to have been completed prior to Final Map
filing; and,
WHEREAS, the Subdivider has notified the City(through the Public Works Director
or Planning and Development Department Director) of the Subdivider's inability to acquire
the necessary easements and right-of-ways by negotiation, and has requested City to
acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the
necessary easements for. the required public right-of-ways, at the expense of the
Subdivider.
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Addendum to Subdivision Agreement
Tract No. 5433
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary
easements, whether the City acquires through negotiation or by use of it's powers
of.,eminent domain, including, but not limited to the fair market value of the
easements, legal fees, non-legal staff time, appraisal fees, any necessary court
costs.
2. Subdivider shall initially deposit, upon execution of this agreement,the sums set out
in the paragraph below captioned, "Summary of Initial Deposit". Such sums shall
be utilized by the City to acquire the necessary easement and right-of-ways. If the
initially deposited funds are less than the actual full cost to acquire all necessary
right-of-ways, the Subdivider shall remit to the City such additional sums as may be
required from time to time to conclude the matters, such further payments to be
madevithin ten (10) days of the mailing to the Subdivider of a notice requesting
such additional funds. The notice shall state what costs have been incurred to date,
what additional costs are anticipated; and how the City intends to apply these
additional deposits. Subdivider's dissatisfaction with the adequacy or sufficiency of
the notice for any reason shall not excuse Subdivider from any duty or obligation,
including the obligation to deposit additional sums. If deposited sums exceed the
actual full cost to acquire the subject right-of-ways, then at the conclusion of
acquisition, City shall refund the difference as soon as the City determines the
amount of such excess.
3. Subdivider shall have the option of providing appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the
City Attorney, in lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may
increase if it'is necessary to acquire the necessary easement through Eminent.
domain.Subdivider agrees to pay all proper and necessary charges incurred or paid
by City in pursuing the condemnation proceedings` to a settlement or final
judgement. City incurs no liability for its failure to accurately or properly estimate the
actual costs incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other
remedies available to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may
summarily revoke any and all permits issued to build such project.
b. City may, in its sole discretion,elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall
indemnify and hold City harmless from any and all costs, fees, damages and
expenses incurred as a result of the proceedings and the termination and
ti.
Addendum to Subdivision Agreement
Tract No. 5433
Page 3
abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed
and treat all costs incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so demanded in the notice to
deposit shall be presumed to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect
interest on the amount demanded, to the extent the amounts reflect cost
actually incurred, and upon any amounts thereafter incurred, at the rate of
ten (10) percent per annum until paid. In any action brought by the City as
the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation
costs. .. .
6. It is anticipated that it may be necessary for City to exercise its powers of eminent
domain in order to acquire the necessary public right-of-way easements. Any
determination to proceed with eminent domain will be made by the City Council of
the City of Fresno, upon necessary findings.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision to
settle the acquisition proceedings if the proposed compensation exceeds the
opinion of value established by the City's appraisal or the property owner's
appraisal. However, such participation shall be limited to advising City staff where
the giving of such advice does not interfere with, restrict, delay or impede the City
Attorney in the prosecution or compromise of the condemnation proceedings, as
she deems necessary and appropriate in the exercise of her sole professional
judgement and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign
the City's rights and responsibilities under this task to the County in order for the
offsite road conditions to be implemented, the City may do so with written notice to
Subdivider. Upon such assignment, all references to statutorily required actions on
the part of the City in connection with eminent domain proceedings shall be
construed to mean those same actions or legal equivalents on the part of the
County. The Subdivider's responsibilities remain unchanged.
9. Compliance with the terms and conditions of this agreement is a condition of
approval of any and all UGM subdivision map projects which are the subject of the
principal agreement to which this ancillary agreement is a part.
10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City
Council finds the Final Map in substantial compliance with the Tentative Map and
approves the same.
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sf
Addendum to Subdivision Agreement
Tract No. 5433
Page 4
11. Subdivider acknowledges that, by execution of the Agreement, including this
Addendum and the City's acceptance of•the Final Map, Government Code Section
66462.5 is inapplicable to this subdivision.
12. Subdivider acknowledges that the Tentative Map approval was expressly
conditioned upon the street improvement and right-of-ways being provided as
project mitigation. Nothing herein shall constitute as a waiver by the City of its
police power or of its authority to protect the_ public against adverse.development
project impacts. Nothing herein modifies the Tentative Map conditions imposing
offsite road improvements, or of any other Tentative Map condition, except as
expressly provided for in the Agreement or in this Addendum. Subdivider will not
seek to invalidate any claim or defense made by or on behalf of the City in
pursuance of procurement of the street and right-of-ways on any grounds including,
but not limited to, the fact that all or a portion of the street right of ways traverse
through unincorporated territory within the jurisdiction of the County of Fresno.
Subdivider agrees to act in good faith in implementing the road condition and to
actively assist City in seeking to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by or for Subdivider in conjunction with the development as security
for the payment of any costs, charges or fees called for by.this Agreement.
14. Upon recordation of the Subdivision .Agreement to which this Addendum is
incorporated by reference, City shall have a lien upon the lands more particularly
described in the Subdivision Agreement as security for the payment of any costs,
charges or fees called for by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide
to Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this
agreement, however, shall not excuse Subdivider's duty to perform any act,
particularly the duty ,to make full and timely deposits in accordance with any
demands and notices by the City. Upon rendering of the final accounting
referenced herein, Subdivider may question or challenge any use of funds set forth
in such accounting and may appeal same to the City Council.
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-
bearing account of the City's choice, and may be co-mingled with other City funds
in such account. Interest accruing upon any such deposit shall inure to an be
created for the benefit of Subdivider, less the City's reasonable or actual costs of
administering the account and less any other charges which may be required or
authorized by law. The parties agree that five (5) per cent of the amount(s)
deposited is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain
consequences in the event of Subdivider's breach, such as inverse condemnation
liability, abandonment (by operation of law) of the condemnation action, and award
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Addendum to Subdivision Agreement
' Tract No. 5433
Page 5
to the property owner of her litigation expenses and reasonable attorney's fees and
sanctions imposed by the Permit Streamlining Act (Government Code Section
65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit.
Easement Acquisition for APN 415-010-02
AMOUNT TO BE DEPOSITED ITEM
$10,900 Appraised value of property
1,500 Escrow Fees
7,500 Real Estate Staff time
12,000 Attorney Staff time
6,380 Contingency (10% ±)
$38,280 SUB-TOTAL
$38,300 TOTAL (rounded to.nearest $100)
K:\Louisr\FT5433\SubAgmt Docs\FM 5433 Subdivision Agreement ROW ADDENDUM.wpd 9-8-05