HomeMy WebLinkAboutT-5445 - Agreement/Covenant - 8/18/2006 City of
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10903
SUBDIVISION AGREEMENT
FINAL MAPS OF TRACT NO. 5445, Phase 2 of Vesting
Tentative Map No. 5295 and TRACT No. 5446, Phase 3 of
Vesting Tentative Map No. 5258
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 2
THIS AGREEMENT is made this /S - day of
20_x, by and between the City of Fresno, a
Municipal Corporation,hereinafter designated and called the"City,"and McMILLIN
SUNNYSIDE RANCH, LLC, a Delaware Limited Liability Company, 111 South
Johnson, Visalia, California 93291-6115, 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 the Final Maps of Tract No.
5445 and Tract No. 5446 (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 Maps Nos. 5258 and 5295 dated June 16, 2004
issued by the City and any amendments thereto (hereinafter referred to as
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 3
"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 or before two
(2) years of the date of this agreement.
C. The Street Trees required for each lot shall be provided and
planted by the Subdivider upon occupancy of each lot. All species
of Street Trees to be planted in the subdivision shall be as approved
by the City Engineer. The Subdivider shall notify the Public Works
Department - Construction Management Division of the planting
schedules and to schedule inspections.
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 4
d. The Issuance of building permits for any structure within the
subdivision shall conform to the requirements of the prevailing
Uniform Fire Code (UFC). The Subdivider's attention is particularly
called to Part III, Article 9 of UFC relating to Fire Department access
and water supply. No building permit shall be issued until all Fire
Department access and fire fighting water supply requirements have
been met. No occupancy permit shall be issued until all Fire
Department requirements for occupancy have been met. The
issuance of any occupancy permits by the City for dwellings located
within said subdivision shall not be construed in any manner to
constitute an acceptance and approval of any or all of the streets
and improvements in the subdivision.
e. No certificates of occupancy will be issued nor any human
occupancy allowed for any building on any lot of the subdivision until
permanent sanitary sewer and water service is determined to exist
by the Director of Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the
control and without the fault or negligence of the Subdivider,the time
of completion may be extended for a period justified by the effect of
such delay on the completion of the work. The Subdivider shall file
a written request for a time extension with the Director of Public
Works prior to the above noted date, who shall ascertain the facts
and determine the extent of justifiable delays, if any. Extension of
time for completion of improvements(including street trees planting)
may be granted by the Public Works Director with an extension fee
from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works
shall give the Subdivider written notice of his determination in writing,
which shall be final and conclusive.
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
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 5
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 of securities, the
Subdivider shall submit evidence to the City of Fresno of payment and
receipt thereof by the Subdivider's engineer or surveyor for the final setting
of all monuments required in the subdivision.
b. All utility systems shall be installed underground.
Subdivider's attention is directed to the installation of street lights in
accordance with Resolution No.78-522 orany amendments or modifications
which may be adopted by Council prior to the actual installation of the lights.
The Subdivider shall construct a complete underground serviced street light
system as approved by the City Engineer prior to final acceptance of the
subdivision. Height,type, spacing,etc.of standards and luminaires shall be
in accordance with Resolution Nos. 78-522 and 88-229 or any amendments
or modifications which may be adopted by Council prior to the actual
installation of the lights and shall be approved by the City Engineer.
C. Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14,Article 1 of the Fresno
Municipal Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9, Article 5 of the Fresno
Municipal Code and all applicable charges shall apply.
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 6
e. Lot drainage shall be in accordance with Section 13-120.3315
of the Fresno Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with Public Works Standards within seven (7)
days from the time said streets are surfaced, or as directed by the City
Engineer.
g. Any temporary storm water retention basins constructed or
enlarged to serve this subdivision shall be fenced in accordance with Public
Works Standards within seven (7) days from the time said basins become
operational, or as directed by the City Engineer.
The construction and maintenance of such facilities shall also comply with
the Statement of Covenants Affecting Land Development for Temporary
Storm Drainage Facilities for Tract No. 5445, Phase 2 of Vesting Tentative
Map No. 5295 and Tract No. 5446, Phase 3 of Vesting Tentative Map No.
5258 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).
h. Wet-Ties shall be in accordance Sections 14-107 and 14-
111 of the Fresno Municipal Code. The amounts identified below as
"Wet-Tie Charges" are estimates only and serve as a deposit to cover the
actual cost of construction. Should the actual construction cost be less than
the deposit, the Subdivider shall be refunded the excess. Should the actual
construction cost be greater than the deposit, the Subdivider shall be billed
by the City of Fresno for the difference and shall be directly responsible for
payment.
i. The Subdivider shall install and maintain the fencing/walls,
landscaping, irrigation system and certain 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 and delineated on the Final Map.
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 7
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 No. 2 (CFD-2), such improvement plans shall
be approved by the City Engineer.
The Subdivider has elected to satisfy Subdivider's maintenance obligation
of such improvements by annexing the Subdivision into CFD-2 and shall maintain
such improvements until such time as the City Engineer determines that CFD-2 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 Improvements for the Final Maps of Tract No. 5445, Phase 2 of Vesting
Tentative Map No. 5295 and Tract No. 5446, Phase 3 of Vesting Tentative Map No.
5258 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 :
i. City Drawing Nos: 10-C-10199 through 10-C-10218
inclusive (sewer and water), 15-C-13729 through 15-C-13758
inclusive (street), and Drawing Nos. 4-C-951 through 4-C-953
inclusive (street lighting), unless specifically omitted herein.
Install and complete all other street improvements required by Section
12-1012 of the Fresno Municipal Code in accordance with the Public Works
Standards and the construction plans.
k. Prior to approval of the Final Map by the City,the Subdivider
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 8
shall pay to the City and/or execute a covenant to defer certain impact fees
due which are eligible to be deferred by relevant FMC provisions, the total
fees and charges due as a condition of Final Map approval. The total fees
and charges are more particularly itemized and made a part of this
agreement in the attached Exhibit "B."
I. In connection with assigning figures set forth in Exhibits "A"
and"B,"the City has made its best faith efforts at predicting the amounts to
be credited as reimbursements for improvements that will benefit other
properties. Because the subject improvements have not been completed
at the time of execution of this agreement, the actual cost of construction is
not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best
estimates only and that they are subject to fluctuation following calculation
of actual construction costs after improvement completion and acceptance.
It is further subject to Subdivider's submission and City review of a financial
accounting which sets forth those actual costs, and the application, 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
Engineerand 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
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 9
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 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
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 10
Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any
amount required to be used for fulfillment of the warranty one (1) year after final
acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City
of any rights to the Subdivider to trespass upon land rightfully in the possession of,
or owned by, another, whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person,
firm or corporation whatsoever, for any injury or damage that may result to any
person or property by or from any cause whatsoever in, on or about the subdivision
of said land covered by this Agreement,or any part thereof. The Subdivider hereby
releases and agrees to indemnify, defend, and save the City harmless from and
against any and all injuries to and deaths of persons, and all claims, demands,
costs, loss,damage and liability,howsoever same may be caused, resulting directly
or indirectly from the performance of any or all work to be done in and upon the
street rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement, and also from all injuries to and deaths of persons, and
all claims, demands, costs, loss, damage and liability, howsoever same may be
caused, either directly or indirectly made or suffered by the Subdivider, the
Subdivider's agents, employees and subcontractors, while engaged in the
performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements
hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 11
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 Subdivider or his
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 12
agent.
12. The Subdivider shall comply with Street, Plumbing, Building,
Electrical, Zoning Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work
done by his contractors and subcontractors, such as scheduling the sequence of
operations and the determination of liability if one operation delays another. In no
case shall representatives of the City of Fresno be placed in the position of making
decisions that are the responsibility of the Subdivider. It shall further be the
responsibility of the Subdivider to give the City Engineer written notice not less than
two (2) working days in advance of the actual date on which work is to be started.
Failure on the part of the Subdivider to notify the City Engineer may cause delay for
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the City Engineer so that proper
inspection maybe 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.
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 13
16. Adequate dust control shall be maintained by the Subdivider on all
streets within and without the subdivision on which work is required to be done
under this Agreement from the time work is first commenced in the subdivision until
the paving of the streets is completed. "Adequate dust control"as used herein shall
mean the sprinkling of the streets with water or the laying of an approved dust
palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property
adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate
dust control is not being maintained on any street or streets as required by this
paragraph, the City Engineer shall give notice to the Subdivider to comply with the
provisions of this paragraph forthwith. Such notice may be personally served upon
the Subdivider or, if the Subdivider is not an individual, upon any person who has
signed this Agreement on behalf of the Subdivider or, at the election of the City
Engineer, such notice may be mailed to the Subdivider at his address on file with
the City Engineer. If, within twenty-four (24) hours after such personal service of
such notice or within forty-eight (48) hours after the mailing thereof as herein
provided, the Subdivider shall not have commenced to maintain adequate dust
control or shall at any time thereafter fail to maintain adequate dust control,the City
Engineer may, without further notice of any kind, cause any such street or streets
to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
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
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 14
any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be
maintained in a safe and passable condition at all times between the
commencement and final completion, and adequate dust control shall be
maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house
connections, together with water mains, gas mains, and their respective service
connections, shall be completed in the streets and alleys before starting the street
and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind
and inure to the benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivider without
the written consent of City.
20. In the event that the actual cost or Final Cost Estimated is in excess
of$1,000, all
of the work and improvements and materials in the planning, design, pre-
construction and construction phases of the work and improvements, and any
maintenance of such improvements, constitutes a "public work" as defined in
Chapter 1, Part 7, Division 2 of the California Labor Code to which Section 1771
thereof applies, and Subdivider shall cause the work to be performed as a "public
work" in accordance with such Chapter of the California Labor Code; and (ii)
Subdivider shall fulfill all its duties, if any, under the Civil Code or any other provision
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 15
of law pertaining to the maintenance of bonds to secure payment of contractors,
including the payment of wages to workers performing the work.
Subdivision Agreement
Tract Nos. 5445 and 5446
Page 16
The parties have executed this Agreement on the day and year first above
written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Jotj euit- Itvnc/z/Al McMILLIN SUNNYSIDE RANCH, LLC,
D.�TrI-IEA �, Director a Delaware Limited Liability Company
Public Works Department
By: McMillin Management Services, LP,
a California Limited Partnership,
l as Manager
By: �l� By: Corky McMillin Construction Services, Inc.,
as General Partner
Michael T. Kirn, P.E., Assistant Director
By:
Bill Walls, Vice President
ATTEST:
REBECCA E. KLISCH, CMC By:
City Clerk Bert Almaguer, Mice President
d
By: ��
C NlTlo�)
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By.
Deputy
State of California )
County of Tulare )
On July 27, 2006 , before me, J. STURGEON
DATE NAME,TITLE OF OFFICER
Personally appeared BILL WALLS AND BERT ALMAGUER
NAME(S)OF SIGNER(S)
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.
WPTNESS7d,.and official seal. J. STt1R
COMM. 1454544
NOTARY PUBLIC.CAIl�
40,M
TULARE
QOlA1TY
Dea 2E
SI ATURE OF THE NOTARY
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on January 10 , 20 06 , in the office of the Fresno County Recorder,
as Document No. 2006-0005140 of which the Deed of Trust in, by and between
MCMILLIN SUNNYSIDE RANCH,LLC, a Delaware limited liability co. , as Trustor,
PRLAP, INC. , as Trustee
and BANK OF AMERICA, national association , Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for the Final Maps of Tract No. 5445, Phase 2 of Vesting
Tentative Map No. 5295 and Tract No. 5446, Phase 3 of Vesting Tentative Map No. 5258.
DATED: 7 Z�" Dw
BENEFICIARY
BANK OF AMERICA, national association
By: c-� G,
ona for Y• A4 o n+oro, s�'• • P.
By: 171 �i6
i�r r s� • P•
(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
State of California )
County of San Diego )
On July 28, 2006 ,before me, Peggy J. French, Notary Public
DATE NAME,TITLE OF OFFICER
Personally appeared Ronald V. Montoro and Cinthya Y. Martinez ,
NAME(S)OF SIGNER(S)
Personally known to me (or-proved e-mer lze-basi�€�atis€actoxy--evidence, to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/shz/they executed the same in h sfher/their authorized capacity(ies), and that by ttisther/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.
. • PEGGY J. FRENCH
Commission# 1389660
164' q Notary Pubk - CaNfomia
SI NATURE OF THE NOTARY San Diego County
JO.My Comm.E)ires-Jan 8,2007
EXHIBIT A Subdivision Agreement for Tracts 5445 & 5446
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $303,480
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $406,102
Street Construction Cost Estimate $2,777,460
Final Cost Estimate (for Inspection Fee purposes) $3,487,042
490 Landmarks, Monuments, Lot& Block Corners ($50/ea) $24,500
Sub-Total (for bonding purposes) $3,511,542
Construction Contingency(10%) $351,154
TOTAL COST ESTIMATE*
(for improvement securities purposes) $3,862,696 $3,863,000
*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 $3,670,000
5% of amount shall be in cash or a Certificate of Deposit $193,000
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 $1,931,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Bridge Construction Plans $25,000
100% of amount shall be in cash or a Certificate of Deposit $25,000
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 $16,800
Minimum amount $25,80,
EXHIBIT A v4/28/00 Prepared By: Frank Date: 07/14/06 Print Date:07/14/06 4:46:51 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$3,487,042 Final Cost Estimate over$500K $143,261.72
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $29,386.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $113,875.72 $113,875.72
2. MONUMENT CHECK FEE
152 Lots and Outlots @ $30.00 per Lot 4,5 0.00 $4,560.00
(Min$200)
3. STREET SIGNS
DO Street Name Sign sets @ $173.00 per set na na
DO Waming/Regulatory signs @ $77.00 sign na na
4. STREET TREES
175 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $5 250.00 $5,250.00
OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
0 replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director $0.00
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
a.Tract 5445
77 Lots(anticipated maintenance cost) @ $214.99 per Lot $16,554.23
Lum Sum Other maintained features $1,633.00
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
Public Works
b.Tract 5446
75 Lots(anticipated maintenance cost) @ $1,084.40 per Lot $81,330.00
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
Public Works
Total $107,127.23 $107127.23
$963.00 Estimated assessment per Lot for Tracts 5445 and 5446(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
00 Lineal Feet @ $5.00 per LF na nal
TOTAL MISCELLANEOUS FEES&CHARGES $230,812.95 $230,812.95
EXHIBIT B v11/01/01 Printed 07/26/06 9:30:02 AM Page 1 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 $ 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B1. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED FOR TRACT 5445
22.5672 Gross Acres
18.7831 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
77 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BG FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre
Local Drainage Fee $0.001 $0.6_01(131)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: E.Church Avenue 168 800 SF
Total Square Feet 16 0 SF
168 800 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $16 880.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 1 $16, $0.00 $16 880.00
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
undesi Hated UGM Reimbursement Area
Frontage: S.Clovis Avenue92 500 SF
Frontage: E.Church Avenue 168,800 SF
Total Square Feet 261, SF
261 300 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $13,065.00
Less estimated Oversize Credits $10 258.00
Less estimated Overdepth Credits 1 $3,051.00
Oversize Sewer Charge 44.00 • $0.00 Paid w/Credits
Remainder applied to Tract 5446.
(c)Trunk Sewer Charge
Fowler Trunk Sewer Service Area
771 Units @ $344.00 per Unit 26 488.001 $26,488.001
(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 Ca acity Enhancement Charge
Fowler Trunk Sewer Service Area
771 Units @ $0.00 per Unit 0.00 $0.00
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
Estimate Number
Water Job Number
Estimated Deposit(FMC 14-111-f) $0.00 1 $0.001(B3)
(63) Deposit paid with Early Construction Agreement.
(b)Service Connection Charges
72 1"Meters to existing services @ $330.00 each 23 7 0.00 $0.00 $23,760.(E
511-1/2"Meters to existing services @ $455.00 each 275.001 $0.00 1 $2,275.001
EXHIBIT B v11/01/01 Printed 07/26/06 9:30:03 AM Page 2 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Chare
Frontage: S.Clovis Avenue 824 LF
Frontage: E.Church Avenue 1,688 LF
Sub-Total Lineal Feet(full rate) 2,51 LF
2,512 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $16,328.00
Less estimated Frontage Charge Credits
Frontage Charge 16,38.00 $0.00 $16,328.00
(d Transmission Grid Main Charge
non/D UGM Reimbursement Area
22.5672 Gross Acres @ $643.00 per Gr Acre $14,510.71
Less Estimated TGM Construction Credits
Transmission Grid Main Charge $14,510,711 1 $0.00 $14 510.71
(e)Transmission Grid Main Bond Debt Service Charge
22.5672 Gross Acres @ $243.00 per Gr Acre $5,483.83
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $5,49r8_31 1 $0.00 $5 483.83
( UGM Water Supply Fee
501-S Supply Well Service Area
25 Living Units(residential) @ $1 738.00 per Unit $43 450.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee S43,4 $43,450.00
( Well Head Treatment Fee
501 Well Head Treatment Service Area
25 Living Units(residential) @ $79.00 per Unit $1,975.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $1,975.001 $1,975.00
(11Rechar a Fee
501 Recharge Service Area
25 Living Units(residential) @ $56.00 per Unit $1 400.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee $1,400.00 $1,400.00
(i)1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
25 Living Units(residential) @ $93.00 per Unit $2,325.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee ®5. $0.00 $2,325.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�STATION FEE
15 Fire Station Service Area
7.5011 Gross Acres @ $605.00 per Gr Acre $4,538.17 $0.00 $4,538.771
EXHIBIT B v11/01/01 Printed 07/26/06 9:30:03 AM Page 3 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b UGM
NEIGHBORHOOD PARK FEE
2 Neighborhood Park Service Area
7.5011 Gross Acres @ $2,392.00 per Gr Acre $17,942.63 $0.00 $17,942.63
(c UG�R STREET CHARGE
D-1/E-2 Major Street Zone
6.3174 Adjusted Gross Acres @ $3 161.00 per AG Ac $19 969.30
Less Estimated Major Street Charge Construction Credits 1 $900,187.001
Major Street Charge -$880 217.70' $0.00 Paid w/Credits
(d UGM STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
6.3174 Adjusted Gross Acres @ $304.00 per AG Ac $1 920.49
Less Estimated Major Street Bridge Charge Construction Credits $350,000.00
Major Street Bridge Charge -$348,079.511- 1 Paid w/Credits
(e UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
18.7831 Adjusted Gross Acres @ $0.00 per AG Ac na
(I UGM TRUNK SEWER FEE
Fowler Trunk Sewer Service Area
18.7831 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
77 Living Units(residential) @ $539.00 per Unit $41,503.00
Fire Impact Fee $41,503.00..
(b)PARK FACILITY IMPACT FEE
77 Living Units(residential) @ $3,398.00 per Unit --$rr261,646.00
Park Facility Impact Fee I $mo•• $0.00 $0.00
(c)POLICE FACILITIES IMPACT FEE
77 Living Units(residential) @ $624.00 per Unit $48 048.00
Police Facilities Impact Fee 48 048.00 " $0.00 $0.00
(d T) RAFFIC SIGNAL CHARGE
077 Living Units(residential) @ $414.69 per Unit $31,931.13
Less Estimated Traffic Signal Charge Construction Credits $39,941.00
Traffic Signal Charge -$8,009.87 ` $0.00 Paid w/Credits
"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 T-5445 $520,543.47 $73,313.00 $104 043.34
EXHIBIT B v11/01/01 Printed 07126106 9:30:03 AM Page 4 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B2. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED FOR TRACT 5446
V
5348 Gross Acres
8126 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
75 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BG FMFCD Drainage Area
24.5358 Acres per FMFCD @ $6 470 per Acre $158 747.00
Less Estimated Construction Fee Credits $95 730.00
Local Drainage Fee 17.00 $63 017.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: E.Church Avenue 175,600 SF
Total Square Feet 175 6 SF
175 600 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $17 560.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge $17,560.001 $0.00 $17 560.00
(b)Oversize Sewer Charge
undesignated UGM Reimbursement Area
Frontage:I E.Church Avenue 175 600 SF
Total Square Feet �SF
175 600 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $8 780.00
Less estimated Oversize Credits $244.00
Less estimated Overdepth Credits
Oversize Sewer Charge $8,536.001 $0.00 $8,536.00
(c)Trunk Sewer Charge
Fowler Trunk Sewer Service Area
75 Units @ $334.00 per Unit $25,050.00 $25,050.00
(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 Ca acity Enhancement Charge
Fowler Trunk Sewer Service Area
75 Units @ $0.00 per Unit r---'WM $0.00
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
Estimate Number
Water Job Number
(b)Service Connection Charges
69 1"Meters to existing services @ $330.00 each $0.00 $22,770.00
611-1/2"Meters to existing services @ $455.00 each $0.00 2,730.00
EXHIBIT B v11/01/01 Printed 07/26/06 9:30:03 AM Page 5 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Char e
Frontage: E.Church Avenue 1,756 LF
Sub-Total Lineal Feet(full rate) 1,756 LF
1 756 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $11 414.00
Less estimated Frontage Charge Credits
Frontage Charge $11,414.001 $0.001 $11,414.00
(d)Transmission Grid Main Charge
non/D UGM Reimbursement Area
24.5348 Gross Acres @ $643.00 per Gr Acre $15,775.88
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge $0.00 $15,775.88
(e)Transmission Grid Main Bond Debt Service Charge
24.5348 Gross Acres @ $243.00 per Gr Acre $5,961.96
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1 $5,961.961 1 $0.00 $5,961.96
( UGM Water Supply Fee
501-S Supply Well Service Area
9 Living Units(residential) @ $1,738.00 per Unit $15,642.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $15,642.001 $15,642.001
( Well Head Treatment Fee
501 Well Head Treatment Service Area
9 Living Units(residential) @ $79.00 per Unit $711.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $711.001 $711.00
(h)Recharges Fee
501 Recharge Service Area
91 Living Units(residential) @ $56.00 per Unit $504.00
Less Estimated Recharge Fee Construction Credits 1 $0.00
Recharge Fee 1 $504.001 $504.00
(i)1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
9 Living Units(residential) @ $93.00 per Unit $837.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee 7.00 $0.00 $837.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE
TAT1Fire FEE
15 Fire Station Service Area
3.1908 1 Gross Acres @ $605.00 per Gr Acre $1 930.43 $0.00 $11,93074-31
(b)UGM NEIGHBORHOOD PARK FEE
2 Neighborhood Park Service Area
3.1908 Gross Acres @ $2,392.00 per Gr Acre $7,632.39 $0.00 $7,632.39
EXHIBIT B 01/01/01 Printed 07/26/06 9:30:03 AM Page 6 of 7
EXHIBIT B Subdivision Agreement for Tracts 5445 & 5446
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c UGM STREET CHARGE
D-1/E-2 Major Street Zone
2.3960 Adjusted Gross Acres @ $3,161.00 per AG Ac $7,573.76
Less Estimated Major Street Charge Construction Credits 1 $880,217.70
Major Street Charge .00 $0.00 Paid w/Credits
(d)UGM MAJOR STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
2.3960 Adjusted Gross Acres @ $304.00 per AG Ac $728.38
Less Estimated Major Street Bridge Charge Construction Credits $348,079.51
Major Street Bridge Charge 1 $0.001 1 $0.00 Paid w/Credits
(e UG�E SEPARATION CHARGE
Grade Separation Service Area
0.0000 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM TRUNK SEWER FEE
Fowler Trunk Sewer Service Area
0.0000 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
75 Living Units(residential) @ $539.00 per Unit $40,425.00
Fire Impact Fee 1 $40,425.00 ..
(b)PARK FACILITY IMPACT FEE
75 Living Units(residential) @ $3,398.00 per Unit $254,850.00
Park Facility Impact Fee �, �� . •• 0.00 $0.00
(c)POLICE FACILITIES IMPACT FEE
75 Living Units(residential) @ $624.00 per Unit $46 800.00
Police Facilities Impact Fee 1 $46,800.001..
(d T) RAFFIC SIGNAL CHARGE
075 Living Units(residential) @ $414.69 per Unit $31,101.75
Less Estimated Traffic Signal Charge Construction Credits $8,009.87
Traffic Signal Charge 1 $23,091.88 $0.00 23,091.88
(134) To be paid at time of development
Total Impact Fees&Charges T-5446 $565,238.54 $104,924.00 $118,239.54
Note: EXTENSION total includes net results of construction credits
SUMMARY TRACTS 5445&5446
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $230,812.95
TOTAL(B1,B2) IMPACT FEES&CHARGES $178,237.001 $222,282.88
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $409,049.95
EXHIBIT B v11/01/01 Printed 07/26/06 9:30:03 AM Page 7 of 7