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Home My WebLink AboutT-5614 - Agreement/Covenant - 2/1/2007 f� City of FRI E.. �i j.,, Lw PUBLIC WORKS DEPARTMENT >... 2600 Fresno Street p o Fresno, California 93721-3616 z c� (559) 621-8650 0 C-3 P.W. File No. 11062 SUBDIVISION AGREEMENT FINAL MAP OF TRACT NO. 5614, PHASE 2 OF VESTING TENTATIVE MAP NO. 5338/UGM Subdivision Agreement Tract No. 5614 Page 2 THIS AGREEMENT is made this 30'*k day of 20o-::� , by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City," and Fresno Park Communities II, LLC., a California Limited Liability Company, 5521 Reseda Boulevard, Suite 203, Tarzana, Ca. 91356, hereinafter designated and called the "Subdivider," without regard for number or Gender. RECITALS A. The Subdivider has presented to the City a certain final map of a proposed subdivision of land owned by the Subdivider and located within the corporate limits of the City known and described as the Final Map of Tract No. 5614(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 Tentative Map No. 5338/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 forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. Subdivision Agreement Tract No. 5614 Page 3 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. 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 Subdivision Agreement Tract No. 5614 Page 4 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 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. i • Subdivision Agreement Tract No. 5614 Page 5 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 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 Subdivision Agreement Tract No. 5614 Page 6 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. 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. 11 (CFD-11), 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-11 and shall maintain such improvements until such time as the City Engineer determines that CFD-11 is responsible for such maintenance thereafter. Additionally Subdivider shall provide each prospective purchaser, a "Notice of Special Tax" in accordance with the provisions of Section 53341.5 of the California Government Code and the Statement of Covenants Affecting Land Development for the Maintenance of Certain Improvements for Tract No. 5614, Phase 2 of Vesting Tentative Map No. 5338 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-10296 through 10-C-10297 inclusive(sewer and water), 15-C-13594 through 15-C-13595 inclusive (street), and Drawing Nos. 4-C-993 inclusive (street lighting), unless specifically omitted herein. Subdivision Agreement Tract No. 5614 Page 7 Install and complete all other street improvements required by Section 12-1012 of the Fresno Municipal Code in accordance with the Public Works Standards and the construction plans. k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the City and /or execute a covenant to defer certain impact fees due which are eligible to be deferred by relevant FMC provisions, the total fees and charges due as a condition of Final Map approval. The total fees and charges are more particularly itemized and made a part of this agreement in the attached Exhibit "B." I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City has made its best faith efforts at predicting the amounts to be credited as reimbursements for improvements that will benefit other properties. Because the subject improvements have not been completed at the time of execution of this agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations. Subdivider agrees that these figures represent City's best estimates only 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 Subdivision Agreement Tract No. 5614 Page 8 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 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. Subdivision Agreement Tract No. 5614 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 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 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 Subdivision Agreement Tract No. 5614 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, 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 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. Subdivision Agreement Tract No. 5614 Page 11 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate 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 Subdivision Agreement Tract No. 5614 Page 12 after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 17. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains,gas mains,and their respective service connections,shall be completed in the streets and alleys before starting the street and alley surfacing. 18. Time is of the essence of this Agreement, and the same shall bind and inure to the 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 Subdivision Agreement Tract No. 5614 Page 13 "public work" in accordance with such Chapter of the California Labor Code; and (ii) Subdivider shall fulfill all its duties, if any, under the Civil Code or any other provision of law pertaining to the maintenance of bonds to secure payment of contractors, including the payment of wages to workers performing the work. Subdivision Agreement Tract No. 5614 Page 14 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Fresno Park Communities II, LLC., Public Works Department A California Limited Liability Company By: 9%)&&&' /. 110 By: 29��— Michael T. Kirn, P.E., Assistant Director Tim Sp , Waging Member ATTEST: REBECCA E. KLISCH, CMC City Clerk 0 a By: Deputy Co1rl�07'� APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B : , & -�� Deputy (Attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 11, 2006 before me, S. Anthony, notary public (Name of Notary Public) personally appeared Tim Spate personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. - -yy 1 S.ANTHGNY COMM.#1444988 C ® NOTARY PUBLIC-CALIFORNIA _>4 I t�� ~ • FRESNO COUNTY (Signature o Notary Public) r P T' My Comm.Expires Oct.12,2007o-1 (This area for notarial seal) (notary)(07-02) f r' EXHIBIT A Subdivision Agreement for Tract 5614 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $17,300 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $21,350 Street&Storm Drain Construction Cost Estimate $135,313 Final Cost Estimate(for Inspection Fee purposes) $173,963 37 Landmarks, Monuments, Lot& Block Corners ($50/ea) $1,850 Sub-Total (for bonding purposes) $175,813 Construction Contingency(10%) $17,581 TOTAL COST ESTIMATE* (for improvement securities purposes) $193,394 $193,000 *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 $183,000 5% of amount shall be in cash or a Certificate of Deposit 1 $10,000 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 $96,500 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 $1,000 0.5% of amount over$500,000 $0 Minimum amount $6,000 EXHIBIT A v4/28/00 Prepared By: Frank Date: 11/08/06 Print Date: 11/08/06 2:03:04 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for Tract 5614 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $173,963 Final Cost Estimate>$10K<$500K $10,164.80 ($4836+3.25%of amount over$10K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $5,767.00 Less Inspection Fees paid with Early Street Construction Agreement $4,397.00 Inspection Fee 0.00 $0.00 2. MONUMENT CHECK FEE 14 Lots and Outlots @ $30.00 per Lot 420.00 $420.00 (Min$200) 3. STREET SIGNS 0 Street Name Sign sets @ $173.00 per set na nal 0 Warning/Regulatory signs @ $77.00 sign na na 4. STREET TREES 17 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $510.00 $510.00 OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets) 5. STAMPED CONCRETE STREET PAVING MAINTENANCE For the continued maintenance& 0 replacement of Stamped Concrete Paving @ $20.00 per SF na 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-11) Anticipated Maintenance Costs: Lum Sum Landscaping $5,245.00 Lum Sum Other maintained features $794.60 Lum Sum Contract Management $5,268.00 Incidental expenses: legal fees,publications,mailings, Lum Sum engineering,assessment district proceedings $4,000.00 Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00 Public Works Total $15,612.60 $15,612.60 $515.00 Estimated assessment per Lot(information only) 8. IRRIGATION PIPELINE(one-time maintenance fee) Lineal Feet @ per LF na nal TOTAL MISCELLANEOUS FEES 8 CHARGES $16,542.60 $16,542.60 EXHIBIT B 01/01/01 Printed 11/08/06 2:03:16 PM Page 1 of 4 EXHIBIT B Subdivision Agreement for Tract 5614 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED [Au Gross Acres Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets Units(residential) Zoning Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES EM FMFCD Drainage Area 4.9489 Acres per FMFCD @ $7,220 per Acre $35 731.00 Local Drainage Fee 1 35 731.00 $35,731.00 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Charge Frontage: West Bullard Avenue 31 200 SF Total Square Feet 31,20 SF 31 200 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $3,120.00 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge $3,120.00 $613.05 ' $2 506.95 Fee Due for Lots under Early Issuance of Building Permits Agreement (b)Oversize Sewer Charge 19 UGM Reimbursement Area Frontage:I West Bullard Avenue 31,200 SF Total Square Feet 31,20 SF 31 200 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1,560.00 Less estimated Oversize Credits Less estimated Overdepth Credits Oversize Sewer Charge 1,560.00 $306.52]* $1,253.47 (c)Trunk Sewer Charge Grantland I Trunk Sewer Service Area 14 Units @ $419.00 per Unit 5,866.001 $5,866.00 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Capacity Enhancement Charge Grantland Trunk Sewer Service Area 14 Units @ $0.00 per Unit 0.00 1 $0.00 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2005 0527 Estimate Number 5102 Water Job Number Estimated Deposit(FMC 14-111-f) $3,500.00 $0.00 (1313) (B3) Deposit paid with Early Construction Agreement EXHIBIT B v11/01/01 Printed 11/06/06 2:03:16 PM Page 2 of 4 EXHIBIT B Subdivision Agreement for Tract 5614 NETAMOUNT AMOUNT EXTENSION DUE DEFERRED (b1)Service Connection Charges 1"Meters to existing services @ $330.00 each 1,980.00 $0.00 $1,980.00 5 1-1/2"Meters to existing services @ $455.00 each 2,275.00 $0.00 $2.275.00 (b2)Landscape Service Connection Charges 1 2"Meters to existing services @ $530.00 each 530.00 $530.00 (c)Frontage Charge Frontage:I West Bullard Avenue 312 LF Sub-Total Lineal Feet(full rate) 312 LF 312 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $2,028.00 Less estimated Frontage Charge Credits Frontage Charge $2,02 .001 $398.4D* $1,629.52 (d)Transmission Grid Main Charge B UGM Reimbursement Area 4.5188 Net Acres @ $804,00 per Net Ac $3,633.12 Less Estimated TGM Construction Credits Transmission Grid Main Charge $3,633.12 $713.8D* $2,919.25 (e)Transmission Grid Main Bond Debt Service Charge 4.5188 Net Acres @ $304,00 per Net Ac $1,373.72 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge 1,373.72 $215.7-61' $1,157.96 (fLqGM Water Supply Fee 201s Supply Well Service Area 14 Living Units(residential) @ $407.00 per Unit $5,698.00 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee $5,698.001 $5,698.00 ( Well Head Treatment Fee 201 Well Head Treatment Service Area 14 Living Units(residential) @ $0.00 per Unit (h)Recharge Fee 201 Recharge Service Area 141 Living Units(residential) @ $0.00 per Unit (f)1994 Bond Debt Service Fee 201 1994 Bond Debt Service Fee Service Area 14 Living Units(residential) @ $0.00 per Unit 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 17 Fire Station Service Area 4.9488 Gross Acres @ $807.00 per Gr Acre $3,993.68 $784.65 (b UG�BORHOOD PARK FEE 4 Neighborhood Park Service Area 4.9488 Gross Acres @ $1,783.00 per Gr Acre $8,823.71 $1,733.61 $7,090.10 EXHIBIT B v11/01/01 Printed 11/08/06 2:03:16 PM Page 3 of 4 0 EXHIBIT B Subdivision Agreement for Tract 5614 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (c)UGM MAJOR STREET CHARGE E-4 Major Street Zone 4.5188 Adjusted Gross Acres @ $3,531.00 per AG Ac $15,955.88 Less Estimated Major Street Charge Construction Credits Major Street Charge $15,955.881 $3,135.1-71- $12,820.71 (d UGM STREET BRIDGE CHARGE E-4 Major Street Bridge Zone 4.5188 Adjusted Gross Acres @ $196.00 per AG Ac $885.68 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge $885.681 $174.03 ' $711.65 (e UGM GRADE SEPARATION CHARGE E-4-A Grade Separation Service Area 4.5188 Adjusted Gross Acres @ $0.00 per AG Ac na ( UG� SEWER FEE Grantland Trunk Sewer Service Area 4.5188 Adjusted Gross Acres @ $0.00 per AG Ac na 5. NON-URBAN GROWTH MANAGEMENT(UGM)CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS (a)FIRE IMPACT FEE 14 Living Units(residential) @ $539.00 per Unit $7,546.00 Fire Impact Fee (b)PARK FACILITY IMPACT FEE 14 Living Units(residential) @ $3,398.00 per Unit $47,572.00 Park Facility Impact Fee $47,572.001" (c POLICE ICE FACILITIES IMPACT FEE 14 Living Units(residential) @ $624.00 per Unit $8,736.00 Police Facilities Impact Fee $8,736.001-- (d) 8,736.00 "(d)TRAFFIC SIGNAL CHARGE 14 Living Units(residential) @ $414.69 per Unit $5,805.66 Less Estimated Traffic Signal Charge Construction Credits Traffic Signal Charge $5,805.661 1 $1,244.07 ' r $4,561.59 (134) To be paid at time of development 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 $166,613.45 $57,144.22 $42,115.23 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $16,542.60 TOTAL(B) IMPACT FEES&CHARGES $57,144.22 $42,115.23 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $73,686.82 EXHIBIT B v11/01/01 Printed 11/08/06 2:03:16 PM Page 4 of 4 Subdivision Agreement Tract No. 5614 P.W. File No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on -Xi nu Ar 30 , 20 0(o, in the office of the Fresno County Recorder, as Document No. 20()(0 -- UU k c'Q e)00 of which the Deed of Trust in, by and between des o PSK co�-n vN-,u n i 1i-P5 :TF. L—L C �1 �� vr, : ►► �. c, a ._ .� I� o►►. lrvl-:AI as Trustor, '�*e wc,rt 7 -kAl-e, of C C-1\i C-6 f n -6 �(1 C - , as Trustee and -Vnr)wn►s LI) Yy) IIImo✓ , Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5614, Phase 2 Vesting Tentative Map No. 5338/UGM. DATED: Z- 13' 2,00& BENEFICIARY Thomas W. Miller, Sr. and Kelly L. Miller Husband and Wife, as joint tenants By:1bWV' Alvlv � By: K-e11 1 L ee (Beneficiary to print/type document information, Name,Title and attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 13, 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Miller and Kelly L. Miller personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) WWare subscribed to the within instrument and acknowledged to me that he/&�/they executed the same in h+s#ier/their authorized capacity(ies), and that by h*heF/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. S.ANTHONY COMM.#1444988 @my NOTARYPUBLIC-CALIFORNIA FRESNO COUNTY IF�( Comm.Expires Oct.12,2007 (Signature of Notary Public) (This area for notarial seal) (notary)(07-02) Subdivision Agreement Tract No. 5614 P.W. File No. 11062 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on ,)6nudrvt .O , 20 0&, in the office of the Fresno County Recorder, as Document No. 200(0 - UO (C(?�`l of which the Deed of Trust in, by and between 1 T es V)U Park (OVYln-) �A n lh-eS LLC as Trustor, T k'� Ole ( l 6 r n jd ,M0 6 , as Trustee and 1-h0VY1 -0S Uu . sc-wpf�jroy Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5614, Phase 2 Vesting Tentative Map No. 5338/UGM. DATED: t Z — l S' Zoo(p BENEFICIARY Thomas W. Sappington and Of lia Sappington Husban&:7i fe, s joint enants ' G By: By' ' (Beneficiary to print/type document information, Name,Title and attach Notary Acknowledgment) STATE OF California COUNTY OF Fresno On December 15, 2006 before me, S. Anthony (Name of Notary Public) personally appeared Thomas W. Sappington and Ofelia Sappington 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. n 1 � S.ANTHONY COMM,#1444988 -� ' m NOTARYPUBLIC-CALIFORNIA d FRESNO COUNTY (Signature of Notary Public) bap Omy Comm Expires Oct.12,2007 (This area for notarial seal) (notary)(07-02) Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page 11 SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 30, 2006, in the office of the Fresno County Recorder, as Document No. 2006-0019287 of which the Deed of Trust in, by and between Fresno Park Communities II, LLC., a California Limited Liability Company, as Trustor, Estate Financial, Inc., a California corporation , as Trustee and See Attached Exhibit "Beneficiary Exhibit," as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of Tract No. 5614, Phase 2 Vesting Tentative Map No. 5338/UGM. DATED: January 28, 2007 Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page 122 BENEFICIARY EXHIBIT Estat7an , In ., California corporation. By: Joshu . Yag da, ice Pre ident (Benefi a Reco ed anuary 30, 2006, Instrument 2006-0019287, Fresno County Paula a e Qui k, a ingle woman. By: Estaf F nanci c., as atto ey in fact, by Joshua M. Yaguda, Vice President (Benefi 71a ) Re rd May 4, 2006, Instrument 2006-0095243, Fresno County Marla Marie a s rd, ru ee of the Marla Marie Bassford Trust dated 03-08-95. 44 By: Estate Finial, In s atto ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re orde M y 4, 2006, Instrument 2006-0095243, Fresno County Robert Hains 'v rced man. By: Estate Fina ial Inc. as atto ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re o ded ay 4, 2006, Instrument 2006-0095243, Fresno County Jack D. Montague and Shirley M. Montague, Trustees of The Jack and Shirley Montague Trust dated June 03, 2003. Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page V 3 By: Estate Finci , Inc., as attorney in fact, by Joshua M. Yaguda, Vice President (Beneficia ec ed May 4, 2006, Instrument 2006-0095243, Fresno County Pierre L rg u and m lyce Lahargou, Trustees of the Lahargou Family Trust dated. By. Estate AanciaKIn ., as affor6y in fact, by Joshua M. Yaguda, Vice President (Benefici ry Rec rde May 4, 2006, Instrument 2006-0095244, Fresno County Anderson tulo ac a o and Mendelsohn, CPA's Employees Retirement Plan and Trust for th e t f Mi h el R. Mendelsohn. By. Estate Fina cal, Inc , as ttome in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re orde ay , 2006, Instrument 2006-0095244, Fresno County Craig S. us en Tr ste of the Criag Kushen and Meredith Hughes-Kushen Commmun p rt Tr st dated November 5, 2001. By: Estate Finan 1, I c. as atto ney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) a rd d ay 4, 2006, Instrument 2006-0095244, Fresno County Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page U 4 Joshu a uda a married man as his sole and separate property. By: Estate i ci , Inc., as attorney in fact, by Joshua M. Yaguda, Vice President (Beneficary eco ed June 1, 2006, Instrument 2006-0115092, Fresno County Gregory , o le m rri d man as his sole and separate property. ILA By. Estate Fina at, 14c-1 s afforridly in fact, by Joshua M. Yaguda, Vice President (Beneficiary) a ord d M y 4, 2006, Instrument 2006-0095244, Fresno County Carl Marce i J sto ian FBO Rodney Marchetti. By: Estate Fin i In ., as aft rney in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re o e ay 4, 2006, Instrument 2006-0095245, Fresno County Terence a Honi m n and Jane Israel Honikman, Trustees of the Honikman 1992 Trust date e b r 2 , 1992. By: Estate Fina c al, n , as atto ey in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re ord d ay 4, 2006, Instrument 2006-0095245, Fresno County California National n ust than FBO Frances C. Bellis, #CBF0350, IRA Rollover. By: Estate FinanciInc. as ftorney in fact, by Joshua M. Yaguda, Vice President (Beneficiary) Re or d ay 4, 2006, Instrument 2006-0095245, Fresno County Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page e.6 Dean Tho on Tr tee of the Thompson Revocable Family Trust. By: Estate Fin n is, In ., as orney in fact, by Joshua M. Yaguda, Vice President (Beneficia Re ode May 4, 2006, Instrument 2006-0095245, Fresno County Jaim rm nd Lima Carmo, Husband and Wife as Joint Tenants. By: Estate F' ncK Inc., aA attorney in fact, by Joshua M. Yaguda, Vice President (Benefici ) Re or ed May 4, 2006, Instrument 2006-0095246, Fresno County The 19 m E. cott and Kathleen A. Scott Revocable Trust, James E. Scott and Kathle n A. S , Tr stees. By: Estate F' n la Inc., as orney in fact, by Joshua M. Yaguda, Vice President (Benefici ry) cor ed May 4, 2006, Instrument 2006-0095246, Fresno County Jean Hart ai i stee of the Fairbairn Family Trust dated May 13, 1986. By: Estate Fin n ial, n ., as att rney in fact, by Joshua M. Yaguda, Vice President (Beneficiary Re ore May 4, 2006, Instrument 2006-0095246, Fresno County Subdivision Agreement Tract No. 5614 P.W. File No. 11062 Page 99 6 Esa F' n ial Inc., a California cor sq i n ttorney in fact Dated By:JoshuXk.Yagu96, ice President ("Be efi is ") STATE OF CALIFORNIA COUNTY OF S.S ��cz v; �,t1�` (� , �� On before me, a Notary Public in and for said County and State, personally appeared JOSkJJQ- 11'1 . �I tin J C1 cii ra -rc n known tonna (or proved to me on the basis of satisfactory evidence) to be the personwhose name`S) is/icesubscribed to the within instrument and acknowledged to me that he/sive/ftey executed the SHERRY DAVIS some in his/hls� their authorized capacity, and that by COMM.81463543 to Notary Public-California co his/I r/fif it signature`(. on the instrument the person ), or rn a a► SAN LUISOBISPOCOUNTY the en ity upon behalf of which the person) acted, w My Comm.Exp.Jan 17,200B executed the instrument. WITNESS my hand and official Signature (This area for official notarial seal)