HomeMy WebLinkAboutT-5450 - Agreement/Covenant - 11/20/2006 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10972
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5450
i
Subdivision Agreement
Tract No. 5450
Page 2
THIS AGREEMENT is made this /,��` day of 20 aZe
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and SUNNYSIDE PROJECT, LLC, a California Limited Liability Company, 1396
West Herndon Avenue, Ste. 101, Fresno California, 93711, 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 Map of Tract No. 5450(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. 5450/UGM
dated July 13, 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
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.
Subdivision Agreement
Tract No. 5450
Page 3
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and
understood by and between the Subdivider and the City,and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2) years of the date of this
agreement.
C. The Street Trees required for each lot shall be provided and planted by the
Subdivider upon occupancy of each lot. All species of Street Trees to be planted
in the subdivision shall be as approved by the City Engineer. The Subdivider shall
notify the Public Works Department - Construction Management Division of the
planting schedules and to schedule inspections.
d. The Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the prevailing Uniform Fire Code (UFC). The
Subdivider's attention is particularly called to Part III,Article 9 of UFC relating to Fire
Department access and water supply. No building permit shall be issued until all
Fire Department access and fire fighting water supply requirements have been met.
No 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.
Subdivision Agreement
Tract No. 5450
Page 4
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.
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.
Subdivision Agreement
Tract No. 5450
Page 5
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground serviced
street light system as approved by the City Engineer prior to final acceptance of the
subdivision. Height,type, spacing, etc. of standards and luminaires shall be in accordance
with Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may
be adopted by Council prior to the actual installation of the lights and shall be approved by
the City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this subdivision shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
Subdivision Agreement
Tract No. 5450
Page 6
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.
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 landscape maintenance obligation
pursuant to a homeowner's association by way of Declaration of Covenants, Conditions,
and Restrictions (DCCBR's).
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos: 10-C-10133 through 10C-10141 inclusive(sewer
and water), 15-C-13707 through 15-C-13720 inclusive (street), and Drawing Nos.
4-C-929 (street lighting), unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: BL-5-1
through BL-5-3 inclusive, 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 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."
Subdivision Agreement
Tract No. 5450
Page 7
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 Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
Subdivision Agreement
Tract No. 5450
Page 8
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 that is made payable only to the City of Fresno.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated 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.
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
Subdivision Agreement
Tract No. 5450
Page 9
the City harmless from and against any and all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon the street rights-of-way
in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also
from all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, either directly or indirectly made or suffered by the
Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the
performance of said work. The Subdivider further agrees that the use for any purpose and by any
person of any and all of the streets and improvements hereinbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for, or about the performance of the work contracted to be done, and
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
Subdivision Agreement
Tract No. 5450
Page 10
Subdivider or his agent. Compaction testing performed for determination of compliance with Public
Works Standards shall at all times remain under the control and direction of the City Engineer who
shall determine locations and depths to be tested. Any compaction tests failing to meet the City's
requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
12. The 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 may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
Subdivision Agreement
Tract No. 5450
Page 11
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an
approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after 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
Subdivision Agreement
Tract No. 5450
Page 12
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in
a safe and passable condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
20. In the event that the actual cost or Final Cost Estimated is in excess of$1,000, all
of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements, and any maintenance of such improvements,
constitutes a"public work"as defined in Chapter 1, Part 7, Division 2 of the California Labor Code
to which Section 1771 thereof applies, and Subdivider shall cause the work to be performed as a
"public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider
shall fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the
maintenance of bonds to secure payment of contractors, including the payment of wages to
workers performing the work.
K:\Louisr\FM 5450\Map Docs\BBFM 5450 Subdivision Agreement Final Map v2006-10-31.wpd
Subdivision Agreement
Tract No. 5450
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation SUNNYSIDE PROJECT, LLC
A California Limited Liability Company
Public Works Department
By: Granville Management, Inc.
A California Corporation
It's Manager
By: By:
Michael T. Kirn, P.E., Assistan Directort�j�}'TF ►-Fri-l-�r�
ATTEST:
REBECCA E. KLISCH, CMC
City Clerk
d
By:
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
B 4 (Attach Notary Acknowledgment)
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On before me, ���i4��E �• ��/ S'yL,,el/OTi¢�y
Dat Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 1Z. L
personally appeared &#,e1_!!9721A16
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
TIFFANIE A. MARSHALL to the within instrument and acknowledged to me that
COMM. #1433485 —+ he/she/they executed the same in his/her/their
UriG)PUBLIC CALIFORNIA authorized capacity(ies), and that by his/her/their
oMy Comm.Expires Aug.4,2007 signature(s) on rumenperson(s)
FRESNO COUNTY si s the instrument the , or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
�
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ GeneralLiPartner—LlLimited 11General
❑ Attorneyin Fact •
Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association-9350 De Soto Ave.,PC_Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
Tract No. 5450
P.W. No.: 10972
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on ay*r!�:t // , 200, in the office of the Fresno County Recorder, as
01
Document No. o?005- o13CaIol of which the Deed of Trust in, by and between
d � as stor,
as Trustee and
Beneficiary,
hereby expr sly subordinates said Deed o rust and its beneficial interest thereto to the foregoing
Subdivision Agreement for the Final Map of Tract No. 5450.
DATED: 3� G
BENEFICIARY
(Beneficiary to print/type document information,
Name, Title and attach Notary Acknowledgment)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On A/40 6, &40& before me, ef/QTihefil
Gate Name and Title of Officere.
( g.,"Jane Doe,Notary Public")
personally appeared �i�/ON2r`�S moi.
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
A. MARSHALL to the within instrument and acknowledged to me that
TIFFANIE A
COMM. MARSHALL
--f he/she/they executed the same in his/her/their
NOTARY PUBLIC•CALIFORNIA authorized capacity(ies), and that by his/her/their
FRESNO COUNTYsignature(s) on the instrument the person(s), or the
MY Comm.Expires Aug.4,2007 entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above �, 4/
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
ffil
❑ Attorneyin Fact ' '
Top of thumb here ❑ Attorney in Fact
El Trustee [I Trustee
Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
._
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
Y
EXHIBIT A Subdivision Agreement for Tract 5450
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $273,028
Well Construction Cost Estimate
Sewer System Construction Cost Estimate $216,760
Street& Storm Drain Construction Cost Estimate $1,256,284
Final Cost Estimate (for Inspection Fee purposes) $1,746,072
248 Landmarks, Monuments, Lot& Block Corners ($50/ea) $12,400
Sub-Total (for bonding purposes) $1,758,472
Construction Contingency(10%) $175,847
TOTAL COST ESTIMATE*
(for improvement securities purposes) IF $1,934,319 $1,934,000
* 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 $1,837,000
5% of amount shall be in cash or a Certificate of Deposit 1 $97,000
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 $967,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3%of next$50,000 $2,000
1%of next$400,000 $4,000
0.5% of amount over$500,000 $7,200
Minimum amount $16,200
EXHIBIT A A/28/00 Prepared By: Frank Date: 11/06/06 Print Date: 11/06/06 11:56:25 AM Pagel of 1
EXHIBIT B Subdivision Agreement for Tract 5450
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$2 546,072 Final Cost Estimate over$500K $104,681.95
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $29,472.00
Less Inspection Fees paid with Early Street
Construction Agreement $75,209.00
Inspection Fee 1 $0.001 1 $0.00
2. MONUMENT CHECK FEE
121 Lots and Outlots @ $30.00 per Lot 63 .001 $3,630.00
(Min$200)
3. STREET SIGNS
0 Street Name Sign sets @ $173.00 per set na nal
DO Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
138 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4 140.00 $4,140.00
0 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
replacement of Stamped Concrete Paving @ $20.00 per SF na nal
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director nal na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
DO Lots(anticipated maintenance cost) @ $0.00 per Lot na
$0.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na nal
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac na na
TOTAL MISCELLANEOUS FEES&CHARGES $7,770.00 $7,770.00
EXHIBIT B v11101/01 Printed 11114/06 10:27:06 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for Tract 5450
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
20.2014 Gross Acres
17.9306 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
118 Units(residential)
R-2 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BH FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
BL FMFCD Drainage Area
0.0000 Acres per FMFCD @ $0 per Acre na
Local Drainage Fee ®0 $0.00 (B1)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF
(b Oversize Sewer Charge
35 UGM Reimbursement Area
Frontage: S.Fowler Avenue 1 21,9001 SF
Frontage: E.Church Avenue 49 800 SF
Total Square Feet 171,7 SF
171,700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $8,585.00
Less estimated Oversize Credits $7,850,00
Less estimated Overdepth Credits $17 694.00
Oversize Sewer Charge $0.00-1. Paid w/Credits
Fee Due for Lots under Early Issuance of Building Permits Agreement
(c)Trunk Sewer Charge
Fowler Trunk Sewer Service Area
1181 Units @ $344.00 per Unit P0,597661 $40 592.00
(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)
(ey Sewer Capacity Enhancement Charge
Fowler Trunk Sewer Service Area
118 Units @ $0.00 per Unit 0.00 1 $0.00
( Fowler Trunk Sewer Interim Fee Surety
118 Units @ $1 000.00 per Unit na na
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2005 1011 Estimate Number
50921 Water Job Number
Estimated Deposit(FMC 14-111-f) 1 $3,600,001 $0.00-1(B3)
(63) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
106 1"Meters to existing services @ $330.00 each 1 $34,980.00 $34,980.001
EXHIBIT B v11/01/01 Printed 11/14/06 10:27:07 AM Page 2 of 4
EXHIBIT B Subdivision Agreement for Tract 5450
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(b2)Landsca Service Connection Charges
512"Meters to existing services @ $530.00 each 2 65 .01 $2,650.00
(c)Frontage Charge
0 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d)Transmission Grid Main Charge
D UGM Reimbursement Area
20.2014 Gross Acres @ $643.00 per Gr Acre $12,989.50
Less Estimated TGM Construction Credits $57 565.00
Transmission Grid Main Charge .00 $0.00` Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
20.2014 Gross Acres @ $243.00 per Gr Acre $4,908.94
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 4, .94 $471.03-1* $4,437.91
( UGM Water Supply Fee
501-S Supply Well Service Area
118 Living Units(residential) @ $1 738.00 per Unit $205 084.00
Less Estimated UGM Water Supply Fee Construction Credits $205,084.00
UGM Water Supply Fee 0.00 I Paid w/Credits
( Well Head Treatment Fee
501 Well Head Treatment Service Area
118 Living Units(residential) @ $79.00 per Unit $9,322.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $9.3 $9,322.00
(h Rechar a Fee
501 Recharge Service Area
1181 Living Units(residential) @ $56.00 per Unit $6,608.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee 6 60 . $6,608.001
(i)1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
118 Living Units(residential) @ $93.00 per Unit $10 974.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $10,974.001 $9,858.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
15 Fire Station Service Area
20.2014 Gross Acres @ $2 277.00 per Gr Acre $45 998.59 $4,413.741' $41 584.85
(b)UGM NEIGHBORHOOD PARK FEE
21 Neighborhood Park Service Area
20.2014 Gross Acres @ $4,785.00 per Gr Acre $96,663.70 $9,275.24 ' $87,388.46
EXHIBIT B v11/01/01 Printed 11/14/06 10:27:07 AM Page 3 of 4
EXHIBIT B Subdivision Agreement for Tract 5450
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c UGER STREET CHARGE
D-1/E-2 Major Street Zone
17.9306 Adjusted Gross Acres @ $3 161.00 per AG Ac $56 678.63
Less Estimated Major Street Charge Construction Credits $260 858.00
Major Street Charge 1 $0,001 1 $0.001. Paid w/Credits
(d UG�R STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
17.9306 Adjusted Gross Acres @ $304.00 per AG Ac $5,450.90
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $5,45-0-M $522.97
(e UG SEWER FEE
Fowlerrl Trunk Sewer Service Area
17.9306 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
118 Living Units(residential) @ $539.00 per Unit $63,602,00
Fire Impact Fee 3,60 . $0.001 $0.00
(b PARK FACILITY IMPACT FEE
118 Living Units(residential) @ $3,398.00 per Unit $400,964.00
Park Facility Impact Fee 4 ,964.0 $0.00 $0.00
(e)POLICE FACILITIES IMPACT FEE
118 Living Units(residential) @ $624.00 per Unit F $73,632.00
Police Facilities Impact Fee �*' $0.00 $0.00
( TRAFFIC SIGNAL CHARGE
118 Living Units(residential) @ $331.75 per Unit $39,146.50
Less Estimated Traffic Signal Charge Construction Credits $10,000.00
Traffic Signal Charge 1 $29,146-501 1 $2,964.253* $26,182.25
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 $829,092.63 $77,935.23 $209,359.40
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $7,770.00
TOTAL(B) IMPACT FEES&CHARGES $77,935.23 $209,359.40
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $85,705.23
EXHIBIT B 01101/01 Printed 11/14/06 10:27:07 AM Page 4 of 4