HomeMy WebLinkAboutT-5710 - Agreement/Covenant - 12/24/2008 t
v
WHEN RECORDED MAIL TO:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603 1212412008,20080115011
NO FEE-Government Code 6103
City of
LL VA 1 p7
p PUBLIC WORKS DEPARTMENT
V 2600 Fresno Street
LU Fresno, California 93721-3616
W (559) 621-8650
J
C• P.W. File No. 11319
SUBDIVISION AGREEMENT
FINAL MAP OF TRACT NO. 5710
including "ADDENDUM TO SUBDIVISION AGREEMENT" FOR
RIGHTS-OF-WAY ACQUISITION
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i
Subdivision Agreement
Tract No. 5710
Page 2
THIS AGREEMENT is made this day of 20 by and
between the City of Fresno, a Municipal Corporation, hereinafter designated and called the
"City," and, THE COALITION FOR URBAN RENEWAL EXCELLENCE, a California
Non-Profit Organization, 287 West Fallbrook Avenue, Suite 104, Fresno, California, 93711 and
GRANVILLE HOMES, INC., a California Corporation, 1396 West Herndon Avenue, Suite 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. 5710 (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. 5710 dated
March 19, 2007 and Conditional Use Permit No. C-06-067 dated December 5, 2006 issued by the
City and any amendments thereto (hereinafter referred to as "Conditions of Approval", 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
Subdivision Agreement
Tract No. 5710
Page 3
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 mutuallyagree
as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before two (2) years of the date of this agreement, except as noted below.
b. 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.
C. 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.
d. No certificates of occupancywill 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.
e. 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
Subdivision Agreement
Tract No. 5710
Page 4
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 Directorwith 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 ("Improvements"), more specifically shown on the
referenced plans which are incorporated by reference and made a part of this Agreement, shall be
done in accordance with the construction standards contained in the most current 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. The construction cost estimates, and corresponding Improvement and warranty security
requirements for these Improvements are set forth in Exhibit"A"which is incorporated by reference.
3. The 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 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
Subdivision Agreement
Tract No. 5710
Page 5
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 drainage 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 bythe City Engineer. The
Subdivider shall maintain these temporary storm drainage basins so as not to create a
nuisance as defined by Fresno Municipal Code, section 9-804 or California Law until such
time as the City Engineer provides official notice to the Subdivider, its successors or
assignees, that these temporary storm drainage basins are no longer required. This term
shall survive the termination or expiration of this Agreement.
The Subdivider has elected to satisfy Subdivider's maintenance obligation of such
improvements by annexing the subdivision into the City Community Facilities District.
h. "Wet-Ties" (i.e., the physical connection of newly constructed water system
facilities to the existing water system facilities already in service) shall be in accordance
Sections 14-107 and 14-111 of the Fresno Municipal Code. The amounts identified as
"Wet-Tie Charges" are estimates only and serve as a deposit to cover the actual cost of
construction. Should the actual construction cost be less than the deposit, the Subdivider
shall be refunded the excess. Should the actual construction cost be greater than the
deposit, the Subdivider shall be billed by the City of Fresno for the difference and shall be
Subdivision Agreement
Tract No. 5710
Page 6
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 a
City Community Facilities District("CFD"), 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 a CFD and shall maintain such
improvements until such time as the City Engineer determines that a specific CFD 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 forthe Maintenance of Certain Improvements forthe Final Map
of Tract No. 5710, of Vesting Tentative Map No. 5710/UGM recorded as Document
No. on 200i , 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, unless specifically omitted herein.
i. City Drawing Nos:10-C-10906 through 10-C-10908 inclusive(sewer
and water),1 5-C-1 5475 through 15-C-15480 inclusive(street), and Drawing
Nos. 4-C-1185 (street lighting).
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.
Subdivision Agreement
Tract No. 5710
Page 7
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 the amounts 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.
M. ADDENDUM TO SUBDIVISION AGREEMENT. Subdivider has attempted
but is unable to acquire and dedicate to the City all easements required for street purposes
related to this agreement prior to final map approval. Pursuant to Section 12-1011(b)(6) of
the Fresno Municipal Code, Subdivider requests that City acquire the necessary easement
or dedication through negotiation or the lawful exercise of the City's power of Eminent
Domain. Subdivider agrees to observe all the terms and conditions of the Addendum to
Subdivision Agreement(Right-of-Way Acquisition)("Addendum")attached to this Agreement
and incorporated herein by this reference. Subdivider shall deposit with the City the sums in
a form required by the Public Works Director pursuant to the Addendum.
Such sums shall be security to pay the City the initial cost to acquire the necessary
easement, but not limited to:just compensation and damages for the interests acquired,City
legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal fees,
court costs and the related expenditures mentioned in the Addendum to acquire the
Subdivision Agreement
Tract No. 5710
Page 8
easement through the lawful exercise of the City's power of Eminent Domain. If deposited
funds are less than the actual cost to acquire all necessary right-of-way,the Subdivider shall
remit to the City such additional sums as may be required from time to time to prosecute the
matter to the conclusion, such further payment to be made within ten (10)days of the mailing
to the Subdivider of a notice requesting such additional cost. If deposited sums exceed the
actual cost to acquire the subject right-of-way, then at the conclusion of acquisition
proceeding City shall refund the difference as soon as the City determines the amount of
such excess.
4. It is agreed that the City shall inspect all Improvements. All of the 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 the event there are not any Public Works Standards for any of said
Improvements, 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
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 bythe Fresno City Council of the Final Map,the Subdivider shall
furnish to the City the following improvement securities in the amounts set forth in Exhibit A. Bonds
shall be by one or more duly authorized corporate sureties licensed to do business in California
subject to the approval of the City and on forms furnished or approved by the City, Certificates of
Deposit and Irrevocable Standby Letters of Credit must be in a form acceptable to the Finance
Department.
a. PERFORMANCE SECURITY. The total amount shall equal 100% of the
final Cost Estimate, as approved by the City Engineer, 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 standby letter of credit; and
Subdivision Agreement
Tract No. 5710
Page 9
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. The total amount shall equal 50% of the final Cost
Estimate, as approved by the City Engineer, 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 standby letter of credit.
C. Any and all other improvement security as required by Section 12-1016 of the
Fresno Municipal Code.
d. Subject to the requirements of Resolution No. 2008-100 adopted by the City
Council on May 6, 2008, the Subdivider may request a one-time partial acceptance, for
maintenance only, of public improvements required by this agreement that the Subdivider
has constructed, to reduce the amount of the Performance Security required by this
Agreement. At the time of the City's partial acceptance, the City and Subdivider shall enter
into an amendment to this Agreement reducing the Performance Security to an amount
consistent with the requirements of Resolution No. 2008-10 required by this Agreement.
The City shall not release any of the original Performance Security or execute the
Amendment to this Agreement until such time as the Subdivider has provided the
Performance Security required by the Amendment.
6. Any damage to the work and improvements constructed pursuant to this agreement
that occurs after installation shall be made good to the satisfaction of the City Engineer by the
Subdivider before any securities are released or the final acceptance of the completed work.
7. The Subdivider shall remedy any defective work or labor or any defective materials
relating to the Improvements and pay for any damage to other work or improvements resulting
therefrom which shall occur within a period of one (1) year from the date of acceptance of the
Improvements.
8. To insure the Subdivider complies with its obligations set forth in paragraph 7, on
acceptance of the required work by the City Engineer, a warranty security shall be furnished to or
Subdivision Agreement
Tract No. 5710
Page 10
existing securities retained by the City, in the minimum amount identified in said Exhibit A, as a
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 released, less any amount required to be used for fulfillment
of the warranty, one (1) year after final acceptance of the subdivision Improvements.
9. 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.
10. Indemnification. To the furthest extent allowed by law, Subdivider shall indemnify,
hold harmless and defend City and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability,fines, penalties,forfeitures, costs and damages (whether in contract,
tort or strict liability, including but not limited to personal injury, death at any time and property
damage) incurred by City, Subdivider or any other person, and from any and all claims, demands
and actions in law or equity(including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out the construction or installation of any structures or
improvements on the Subject Property, or the maintenance of the Subject Property. Subdivider's
obligations under the preceding sentence shall apply regardless of whether Subdivider or any of its
officers, officials, employees or agents are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or
the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Subdivider should sub contract all or any part of the construction or installation of structures or
improvements on the Subject Property, or the maintenance of the Subject Property, or Subdivider
shall require each subcontractor to indemnify, hold harmless and defend City and each of its
Subdivision Agreement
Tract No. 5710
Page 11
officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph in this Section 9. Notwithstanding the preceding sentence, any subcontractor who is a
"design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of
indemnity requirements set forth in the preceding paragraph of this Section 9, be required to
indemnify, hold harmless and defend City and each of its officers,officials, employees, agency and
volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,
forfeitures, costs and damages(whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and all claims,demands and
actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out
of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design
professional, its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and
maintain in full force and effect all policies of insurance described in this section with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do business in the
State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii)
authorized by CITY'S Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and shall include insurance for"bodily injury", "property
damage" and "personal and advertising injury" with coverage for premises and operations
(including the use of owned and non-owned equipment), products and completed
operations, contractual liability(including indemnity obligations under this Agreement),with
limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000
aggregate for products and completed operations.
Subdivision Agreement
Tract No. 5710
Page 12
b. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Business Auto
Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1 -Any Auto), with combined single limits of
liability of not less than $1,000,000 per accident for bodily injury and property damage.
C. PROFESSIONAL LIABILITY(Errors and Omissions)insurance appropriate to
the respective person's profession (applicable only to those subcontractors who are
providing Professional Services to the Subdivider), with limits of liability of not less than
$1,000,000 per claim/occurrence and policy aggregate.
d. WORKERS' COMPENSATION insurance as required under the California
Labor Code.
e. EMPLOYERS' LIABILITY with minimum limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
Subdivider shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Subdividershall also be responsible for payment of any self-insured
retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted 30
calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers'
Compensation policy which shall provide a 10 calendar day written notice of such cancellation of
coverage. In the event any policies are due to expire during the term of this Agreement,
Subdivider shall provide a new certificate evidencing renewal of such policy not less than 15
calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the
insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new
certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an
additional insured. Such policy(ies) of insurance shall be endorsed so Subdivider's insurance shall
be primary and no contribution shall be required of City. In the event claims made forms are used
Subdivision Agreement
Tract No. 5710
Page 13
for any Professional Liability coverage, either(i)the policy(ies)shall be endorsed to provide not less
than a 5 year discovery period, or (ii) the coverage shall be maintained for a minimum of 5 years
following the termination of this Agreement and the requirements of this section relating to such
coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
employees and volunteers. Subdivider shall have furnished City with the certificate(s) and
applicable endorsements for ALL required insurance prior to City's execution of the
Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of
City's Risk Manager at any time during the life of the Agreement or any extension, and this
requirement shall survive termination or expiration of this Agreement. The fact that insurance is
obtained by Subdivider or his/her/it's subcontractors shall not be deemed to release or diminish the
liability of Subdivider,or his/her/it's subcontractors including without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents,
employees and volunteers, shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Subdivider or his/her/it's subcontractors. Approval or purchase of
any insurance contracts or policies shall in no way relief from liability nor limit the liability of
Subdivider, its principals,officers, agents, employees, persons underthe supervision of Subdivider,
vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly
by any of them.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain
the required insurance in full force and effect,the Director of Public Works,or his/her designee, may
order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further
work under this Agreement and take all necessary actions to secure the work site to insure that
Subdivision Agreement
Tract No. 5710
Page 14
public health and safety is protected. All payments due or that become due to Subdivider shall be
withheld until notice is received by City that the required insurance has been restored to full force
and effect and that the premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this
Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of
City, its officers,officials, employees,volunteers and agents in accordance with the terms of each of
the preceding paragraphs, except that the subcontractors'certificates and endorsements shall be on
file with Subdivider and City prior to the commencement of any work by the subcontractor.
12. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon, for, or about the performance of the Improvements 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.
13. Compaction and other materials testing performed for determination of compliance
with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications,
entitled "Materials Acceptance Testing." Materials testing shall at all times remain underthe review
of the City Engineer who may determine additional test procedures, and additional locations to be
tested. All materials testing for improvement work within the public easements and rights-of-way
shall be ordered and paid for by the Subdivider.
14. The Subdivider shall complywith Street, Plumbing, Building, Electrical,Zoning Codes
and any other codes of the City of Fresno.
15. 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
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Tract No. 5710
Page 15
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.
16. Whenever the Subdivider varies the period during which work is carried on each day,
it 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 Improvements 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.
17. 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 in strict compliance with all rules and regulations established bythe San Joaquin Valley
Air Pollution Control Board. 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 ("Notice to Comply") with the provisions of this paragraph
forthwith. If in the opinion of the City Engineer the Subdivider's failure to comply with the provisions
Subdivision Agreement
Tract No. 5710
Page 16
of this paragraph is having an immediate and significant impact on the public's health, safety and
welfare, the City Engineer may immediately issue a stop work order until the City receives
reasonable assurances that the Subdivider shall comply with the provisions of this paragraph
forthwith. Such notices and stop-work orders 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 notices and stop-work orders may be mailed
to the Subdivider at his address on file with the City Engineer. If the City Engineer has issued a
Notice to Comply and within twenty-four (24) hours after such personal service of such notice or
within forty-eight (4.8) 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 it 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 therefore, the entire cost to City of
such sprinkling or treating. 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.
18. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, and all other
facilities required to be installed under ground shall be completed in the streets and alleys before
starting the street and alley surfacing.
Subdivision Agreement
Tract No. 5710
Page 17
19. 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.
20. 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.
21. In addition to the Covenants Affecting Land Development which may apply for
specific purposes(e.g., temporary storm drainage basin,temporary off-street facilities, emergency
access road, etc.)and referenced on the final map and this agreement, Subdivider shall comply with
all of the Conditions of Approval set forth in the Conditions of Approval for Vesting Tentative Map
No. 5710 dated March 19, 2007 and Conditional Use Permit No. C-06-067 dated
December 5, 2006, and any amendments thereto that it has not already fully complied with as of
the date of the approval of the Final Map and which are not otherwise set forth in this Agreement,
including but not limited to, any condition to convey to a specific party a Fee interest or easement in
any parcels, upon Subdivider's completion of all required improvements to said parcels.
Subdivider's compliance with such conditions shall be completed within a reasonable time, as
determined by the City, after receiving written notice from the City Engineer of the outstanding
condition or term with which the Subdivider is required to comply.
22. In performing its obligations set forth in this Agreement, Subdivider shall comply with
all applicable laws, regulations,and rules of the governmental agencies having jurisdiction including,
without limitation, applicable federal and state labor standards and environmental laws and
regulations. Subdivider, not the City, is responsible for determining applicability of and compliance
with all local, state, and federal laws including, without limitation, the California Labor Code, Public
Contract Code, Public Resources Code, Health &Safety Code, Government Code,the Fresno City
Charter, and Fresno Municipal Code. The City makes no representations regarding the applicability
Subdivision Agreement
Tract No. 5710
Page 18
of any such laws to this Agreement, the project, or the parties' respective rights or obligations
hereunder including, without limitation, payment of prevailing wages, competitive bidding,
subcontractor listing, or other matters. City shall not be liable or responsible, in law or equity,to any
person for Subdivider's failure to comply with any such laws, whether the City knew or should have
known of the need for Subdivider to comply, or whether the City failed to notify Subdivider of the
need to comply. The Subdivider is referred to the City's Department of Public Works, Construction
Management Division to obtain the current prevailing wage rates, to the extent said rates are
applicable to the construction of any of the Improvements.
23. If either party is required to commence any proceeding or legal action to enforce or
interpret any term, covenant or condition of this Agreement,the prevailing party in such proceeding
or action shall be entitled to recover from the other party its reasonable attorney's fees and legal
expenses.
24. The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same ora
different provision of this Agreement. No provisions of this Agreement may be waived unless in
writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be
deemed to be a waiver of any other provision herein.
25. This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California, excluding, however, any conflict of laws rule which would
apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
26. Each party acknowledges that they have read and fully understand the contents of
Subdivision Agreement
Tract No. 5710
Page 19
this Agreement. This Agreement represents the entire and integrated agreement between the
parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified only by
written instrument duly authorized and executed by both City and Subdivider.
Subdivision Agreement
Tract No. 5710
Page +9- ZO
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation COALITION FOR URBAN RENEWAL
EXCELLENCE,
Public Works Department A California Non-Profit Organization
Patrick Wiemiller, Director
By: By:
Scott Mozier, P.E., Assistan irector Nathan agsig, Exec ive D ctor
APPROVED AS TO FORM: GRANVILLE HOMES, INC.,
A California Corporation
JAMES C. SANCHEZ
City Attorney
By:
Darius Assemi, Vice President
By:
1D�r
Dater
(Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 10W., 21-10e 20528 before me,
Date Here Insert Name and Title of the Officer
personally appeared Al -r/yA-Ay I'L/lGis/6i
Name(s)of Signer(s)
who 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
TIFFANIE A.MARSHALL. he/she/they executed the same in his/her/their authorized
COMM.#1764916 - capacity(ies), and that by his/her/their signature(s) on the
NOTARY PUBLIC•CALIFORNIA instrument the person(s), or the entity upon behalf of
.ugA31,2011
fESNOC
My Comm..Expkes Aub.3which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above V 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 ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
L1 TrusteeTop of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1.800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fre.5ij nn 57
On A)Q() t4t- Z.5 TY before me, t_✓'ir wr
G • ��� , lya4 j 00a'k-c
Date Here Insert Nam6 and Title of the Offic
personally appeared DU.t�y 4 A��
Name(s)of Signer(s)
who 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
CRISTIMG.LOPEZ instrument the person(s), or the entity upon behalf of
Commission# 1552075 which the person(s) acted, executed the instrument.
Z amy
Notary Public-California
Fresno County I certify under PENALTY OF PERJURY under the laws
Comm.Expires Feb 12,2009
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature 6 _C:2-
Place Notary Seal Above Signature of flotary 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 ❑ General _ O Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabonalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876.6827
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on �',�:i' '_^� , �L�,r in the office of the Fresno County Recorder
l
as Document No. "� ��-- i%' F,�' - of which the Deed of Trust in by and
between: k
;`r 4`4,'Fi`i4'I l t �,' f' '6 r'� � �;Rf;! as Trustor,
rHL /,/'1111 VU IV ,: !% {, ?! /i�,'F i t E fb` '� ,asHrustee,
and'Phi., "t-� 4;v "fllt7)t1nVasBeneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
S(�Q a+VrSrdr�l /�6accM/_'NN-r- invC Lvn/r/G /ff�4EN0(�M 7a �c1Q�i�/s/Q:vgGQEEMEMr FU(
foregoing &a 11-1- 8 —eVeflaluz,
a,�-- r21GNT�' of evAY,gCc�yrs�TiGM
s for the Final Map of Tract No. 5710.
DATED: ecP�"Ue'r IS -cye
BENEFICIARY
By. 14i v i�Li'a kl, (/ V'E 111 r'� It
( /l.,fr[.L f r ���� ��r L.L-r�,LI�,• �.L%l'L.L.I.d.r(jr
By:
(Beneficiary to print/type Name, Title and
attach Notary Acknowledgment)
CAQrf'fZN/A Z1(3P"a4ToN PCrt poi_ Mrd. 6yy7
4�,�cURpFa SSP ii= �Ct? Zyi
2-609; /,s A/vW -/�C i RVST�E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of `- Sx)o
On AOS Q6Y9g before me,
Date Here Insert Name and Title of the Officer '
personally appeared A414-6S167
Name(s)of Signer(s)
who 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
TIFFANIE A.MARSHALL capacity(ies), and that by his/her/their signature(s) on the
COMM.#1764916 -+ instrument the person(s), or the entity upon behalf of
NOTARY PUBLIC•CNIORNIA
FRESNOCOUNIY ~' which the person(s) acted, executed the instrument.
hh Comm.Explres Ate 31.2011
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
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 ❑ General ❑ Partner—❑ Limited ❑ General VIM 1111
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Tall-Free 1-800-876-6827
CLERK'S CERTIFICATION
State of California )
County of Fresno )
On December 18, 2008, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Scott Mozier, PE, Assistant Public Works Director, who 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 hislher/their signature(s) on the
instrument the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
City Clerk, City of Fresno
0
gy v
Deputy
w
o
ti
�R�TfD Oft",
EXHIBIT A Subdivision Agreement for Tract 5710
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $52,640
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $45,011
Storm Drain Construction Cost Estimate $0
Street& Storm Drain Construction Cost Estimate $381,105
Final Cost Estimate (for Inspection Fee purposes) $478,756
108 Landmarks, Monuments, Lot& Block Corners ($50/ea) $5,400
Sub-Total (for bonding purposes) $484,156
Construction Contingency(10%) $48,416
TOTAL COST ESTIMATE*
(for improvement securities purposes) $532,572 $533,000
* 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 $506,000
5% of amount shall be in cash or a Certificate of
Deposit made payable to the City of Fresno. 1 $27,000
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 $266,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/IrrigationfWalls $0
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 $200
Minimum amount $9,200
EXHIBIT A v4/28/00 Prepared By: Frank Date: 10/06/08 Print Date: 10/06/08 2:28:35 PM Pagel of 1
EXHIBIT B Subdivision Agreement for Tract 5710
AMOUNT
DEFERRED/
DUE @
BUILDING
NET AMOUNT PERMIT/DUE
EXTENSION DUE @ OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$478,756 Final Cost Estimate>$10K<$500K $20,070.57
($4836+3.25%of amount over$10K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $7,685.00
Less Inspection Fees paid with Early Street
Construction Agreement $21,314.60
Inspection Fee 0.00 $0.00
2. MONUMENT CHECK FEE
46 Lots and Outlots @ $30.00 per Lot 1,380.00 $1,380.00
(Min$200)
3. STREET SIGNS
00 Street Name Sign sets @ $173.00 per set na na
�0 Warning/Regulatory signs @ $77.00 sign na na
4. STREET TREES
�0 City installed(5-gallon)Street Trees @ $129.00 per Tree na na
Inspection Fee(when planted by subdivider) @ $30.00 per Tree na na
OTrees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
replacement of Stamped Concrete Paving @ $20.00 per SF na na
6. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-11)
Anticipated maintenance costs:
Lum Sum Landscaping $13,902.10
Lum Sum Other Maintained Features $779.39
Lum Sum Contract Management $440.44
Lum Sum Landscape area Field Inspection Fee- @ $305.00 LS $305.00
Public Works
Total $15,426.93 $15,426.93
$418.00 Estimated assessment per Lot(information only)
8. IRRIGATION PIPELINE(one-time maintenance fee)
00 Lineal Feet @ $5.00 per LF na na
TOTAL MISCELLANEOUS FEES&CHARGES $16,806.93 $16,806.93
EXHIBIT B 01/01/01 Printed 10/06/08 2:28:46 PM Page 1 of 5
EXHIBIT B Subdivision Agreement for Tract 5710
AMOUNT
DEFERRED/
DUE @
BUILDING
NET AMOUNT PERMIT/DUE
EXTENSION DUE @ OCCUPANCY
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
7.5856 Gross Acres
7.2700'Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
45 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
AK FMFCD Drainage Area
7.5858 Acres per FMFCD @ $5,230 per Acre $39,674.00
Local Drainage Fee 39,674.00 $39,674.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Char e
Frontage: N.BI he Avenue 25,000 SF
Total Square Feet 25,000 SF
25,000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $2,500.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 2,500.00 $0.00 $2,500.00
(b)Oversize Sewer Charge
211 UGM Reimbursement Area
Frontage:IN.Blythe Avenue 25,000 SF
Total Square Feet 25,000 ISF
25,000 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $1,250.00
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 1,250.00 $0.00 $1,250.00
(c)Trunk Sewer Charge
Cornelia I Trunk Sewer Service Area
45 Units @ $419.00 per Unit 18,855.00 I $18,855.00
(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 9-503-1b)
3. WATER CONNECTION CHARGES
(aTime&Material Charges("Wet-Tie")
20080 229 Estimate Number
5244 Water Job Number
Estimated Deposit(FMC 14-111-f) 8,500.00 $0.001(133)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
45 1"Meters to existing services @ $330.00 each $14,850.00 $0.00 $14,850.00
(b2 Landscape Service Connection Charges
��2"Meters to existing services @ $530.00 each530.00 I $530.00
EXHIBIT 6 v11101101 Printed 10/06/08 2:28:46 PM Page 2 of 5
EXHIBIT B Subdivision Agreement for Tract 5710
AMOUNT
DEFERRED/
DUE @
BUILDING
NET AMOUNT PERMIT/DUE
EXTENSION DUE @ OCCUPANCY
(c)Frontage Char e
Frontage: N.Blythe Avenue 250 LF
250 LF; sub-total Frontage Charge @ $6.50 per LF $1,625.00
Less estimated Frontage Charge Credits
Frontage Charge 1,625.00 $0.00 $1,625.00
(d)Transmission Grid Main Charge
B UGM Reimbursement Area
7.5856 Gross Acres @ $643.00 per Gr Acre $4,877.54
Less Estimated TGM Construction Credits
Transmission Grid Main Charge $4,877.54 $0.00 $4,877.54
(e)Transmission Grid Main Bond Debt Service Charge
7.5856 Gross Acres @ $243.00 per Gr Acre $1,843.30
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge 1,843.30 $0.00 $1,843.30
( UGM Water Supply Fee
301-S Supply Well Service Area
451 Living Units(residential) @ $508.00 per Unit $22,860.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 22,860.00 $22,860.00
( Well Head Treatment Fee
301 Well Head Treatment Service Area
45 Living Units(residential) @ $221.00 per Unit $9,945.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee 9,945.00 $9,945.00
(h Rechar a Fee
301 Recharge Service Area
45 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
45 Living Units(residential) @ $60.00 per Unit $2,700.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee 2,700.00 $0.00 $2,700.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(c)UGM MAJOR
STREET CHARGE
4
E-4 Major Street Zone
7.2700 Adjusted Gross Acres @ $3,531.00 per AG Ac $25,670.37
Less Estimated Major Street Charge Construction Credits $43,260.00
Major Street Charge 0.001 $0.00 Paid w/Credits
EXHIBIT B v11101/01 Printed 10/06/08 2:28:46 PM Page 3 of 5
EXHIBIT B Subdivision Agreement for Tract 5790
AMOUNT
DEFERRED/
DUE @
BUILDING
NET AMOUNT PERMIT I DUE
EXTENSION DUE @ OCCUPANCY
(d UG R STREET BRIDGE CHARGE
E-44Major Street Bridge Zone
7.2700 Adjusted Gross Acres @ $196.00 per AG Ac $1,424.92
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1,424.92 $0.001 $1,424.92
(e)UGM GRADESEPARATION CHARGE
E-4-A Grade Separation Service Area
7.2700 Adjusted Gross Acres @ $443.00 per AG Ac $3,220.61
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge 3,220.61 $0.00 $3,220.61
5. CITYWIDE IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE FACILITIES IMPACT FEE
451 Living Units(residential) @ $539.00 per Unit $24,255.00
Fire Impact Fee 24,255.00 $0.00 $24,255.00 t
(b PARK FACILITY IMPACT FEE
45 Living Units(residential) @ $2,278.00 per Unit $102,510.00
Less estimated Park Facility Impact Fee Credits
Park Facility Impact Fee $102,510.00 $0.00 $102,510.00]t
(c QUIMBY PARKLAND DEDICATION FEE
451 Living Units(residential) @ $1,120.00 per Unit $50,400.00
Less estimated Quimby Parkland dedication Fee Credits $18,738.69
Quimby Parkland Dedication Fee 31,661.31 $31,661.31
(d)CITYWIDE REGIONAL STREET CHARGE
7.2700 Adjusted Gross Acres @ $8,361.00 per AG Ac $60,784.47
Less estimated Significant Street Credits
Citywide Street Charge 60,784.47 " $0.00 $0.00 §
(e NEW GROWTH AREA MAJOR STREET CHARGE
7.2700 Adjusted Gross Acres @ $18,790.00 per AG Ac $136,603.30
Less estimated Major Street Credits
Major Street Charge $136,603.30 " $0.00 $0.001§
( POLICE FACILITIES IMPACT FEE
451 Living Units(residential) @ $624.00 per Unit $28,080.00
Police Facilities Impact Fee $28,080.00 $0.001 $28,080.001t
( TRg) AFFIC SIGNAL CHARGE
045 Living Units(residential) @ $414.69 per Unit $18,661.05
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge
EXHIBIT B 01/01/01 Printed 10106/08 2:28:46 PM Page 4 of 5
EXHIBIT B Subdivision Agreement for Tract 5710
AMOUNT
DEFERRED/
DUE @
BUILDING
NET AMOUNT PERMIT/DUE
EXTENSION DUE @ OCCUPANCY
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.
t Citywide Impact Fees due at occupancy(Reso.05-427,428,429)
§ Citywide Street Charge and New Growth Area Major Street Carge due at Building Permit(Reso.07-291)
Total Impact Fees&Charges $537,210.50 $123,525.31 $207,797.42
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $16,806.93
TOTAL(B) IMPACT FEES&CHARGES $123,525.31 $207,797.42
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $140,332.24
EXHIBIT B 01/01101 Printed 10/06/08 2:28:46 PM Page 5 of 5
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS, this is an addendum ("Addendum") to a subdivision agreement
("Agreement") entered into pursuant to the Subdivision Map Act, specifically, Government
Code Section 66462, affecting the Final Map of Tract No. 5710 ("Final Map"); and,
WHEREAS, Vesting Tentative Map No. 5710/UGM, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City approved the project subject to certain conditions of approval,
which conditions required several public improvements in order to mitigate the impacts of
the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the Final Map, the Fresno City Council, as the
Legislative Body approving final maps under the Map Act, must find the Final Map is in
substantial compliance with the Tental:ive Map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed
and accepted at the time of approval of the Final Map; and,
WHEREAS,this Addendum pertains specifically to the street improvements beyond
the limits of the Final Map required in the Tentative Map conditions, which require the
Subdividerto develop the infrastructure of, and dedicate the right-of-ways for, certain public
streets that will directly or indirectly serve the project; and,
WHEREAS,with respect to such street:improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of
Final Map filing to permit the improvements to have been completed prior to Final Map
filing; and,
WHEREAS, the Subdivider has notified the City(through the Public Works Director
or Planning and Development Department Director) of the Subdivider's inability to acquire
the necessary easements and right-of-ways by negotiation, and has requested City to
acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the
necessary easements for the required public right-of-ways, at the expense of the
Subdivider.
e t_
Addendum to Subdivision Agreement
Tract No. 5710
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary
easements, whether the City acquires through negotiation or by use of it's powers
of eminent domain, including, but not limited to the fair market value of the
easements, legal fees, non-legal staff time, appraisal fees, any necessary court
costs.
2. Subdivider shall initially deposit, upon execution of this agreement,the sums set out
in the paragraph below captioned, "Summary of Initial Deposit". Such sums shall
be utilized by the City to acquire the necessary easement and right-of-ways. If the
initially deposited funds are less than the actual full cost to acquire all necessary
right-of-ways, the Subdivider shall remit to the City such additional sums as may be
required from time to time to conclude the matters, such further payments to be
made within ten (10) days of the mailing to the Subdivider of a notice requesting
such additional funds. The notice shall state what costs have been incurred to date,
what additional costs are anticipated; and how the City intends to apply these
additional deposits. Subdivider's dissatisfaction with the adequacy or sufficiency of
the notice for any reason shall not excuse Subdivider from any duty or obligation,
including the obligation to deposit additional sums. If deposited sums exceed the
actual full cost to acquire the subject right-of-ways, then at the conclusion of
acquisition, City shall refund the difference as soon as the City determines the
amount of such excess.
3. Subdivider shall have the option of providing appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the
City Attorney, in lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may
increase if it is necessary to acquire the necessary easement through Eminent
domain. Subdivider agrees to pay all properand necessary charges incurred or paid
by City in pursuing the condemnation proceedings to a settlement or final
judgement. City incurs no liability for its failure to accurately or properly estimate the
actual costs incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date
prescribed, the City shall have the following remedies in addition to any other
remedies available to it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may
summarily revoke any and all permits issued to build such project.
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Addendum to Subdivision Agreement
Tract No. 5710
Page 3
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall
indemnify and hold City harmless from any and all costs, fees, damages and
expenses incurred as a result of the proceedings and the termination and
abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed
and treat all costs incurred pursuant to this agreement as a debt due and
owing to the City. In this event, the sums so demanded in the notice to
deposit shall be presumed to be proper, necessary and correct for continued
proceedings to acquire the easements. Upon the failure of Subdivider to
make timely and full deposit, as required by the notice, City shall collect
interest on the amount demanded, to the extent the amounts reflect cost
actually incurred, and upon any amounts thereafter incurred, at the rate of
ten (10) percent per annum until paid. In any action brought by the City as
the result of Subdivider's failure to timely and fully deposit the amounts
demanded, City may recover its reasonable attorney's fees and litigation
costs.
6. It is anticipated that it may be necessary for City to exercise its powers of eminent
domain in order to acquire the necessary public right-of-way easements. Any
determination to proceed with eminent domain will be made by the City Council of
the City of Fresno, upon necessary findings.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision to
settle the acquisition proceedings if the proposed compensation exceeds the
opinion of value established by the City's appraisal or the property owner's
appraisal. However, such participation shall be limited to advising City staff where
the giving of such advice does not interfere with, restrict, delay or impede the City
Attorney in the prosecution or compromise of the condemnation proceedings, as
she deems necessary and appropriate in the exercise of her sole professional
judgement and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign
the City's rights and responsibilities under this task to the County in order for the
offsite road conditions to be implemented, the City may do so with written notice to
Subdivider. Upon such assignment, all references to statutorily required actions on
the part of the City in connection with eminent domain proceedings shall be
construed to mean those same actions or legal equivalents on the part of the
County. The Subdivider's responsibilities remain unchanged.
9. Compliance with the terms and conditions of this agreement is a condition of
approval of any and all UGM subdivision map projects which are the subject of the
principal agreement to which this ancillary agreement is a part.
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Addendum to Subdivision Agreement
Tract No. 5710
Page 4
10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City
Council finds the Final Map in substantial compliance with the Tentative Map and
approves the same.
11. Subdivider acknowledges that, by execution of the Agreement, including this
Addendum and the City's acceptance of the Final Map, Government Code Section
66462.5 is inapplicable to this subdivision.
12. Subdivider acknowledges that the Tentative Map approval was expressly
conditioned upon the street improvement and right-of-ways being provided as
project mitigation. Nothing herein shall constitute as a waiver by the City of its
police power or of its authority to protect the public against adverse development
project impacts. Nothing herein modifies the Tentative Map conditions imposing
offsite road improvements, or of any other Tentative Map condition, except as
expressly provided for in the Agreement or in this Addendum. Subdivider will not
seek to invalidate any claim or defense made by or on behalf of the City in
pursuance of procurement of the street and right-of-ways on any grounds including,
but not limited to, the fact that all or a portion of the street right of ways traverse
through unincorporated territory within the jurisdiction of the County of Fresno.
Subdivider agrees to act in good faith in implementing the road condition and to
actively assist City in seeking to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or
deposits posted by orfor Subdivider in conjunction with the development as security
for the payment of any costs, charges or fees called for by this Agreement.
14. Upon recordation of the Subdivision Agreement to which this Addendum is
incorporated by reference, City shall have a lien upon the lands more particularly
described in the Subdivision Agreement as security for the payment of any costs,
charges or fees called for by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide
to Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this
agreement, however, shall not excuse Subdivider's duty to perform any act,
particularly the duty to make full and timely deposits in accordance with any
demands and notices by the City. Upon rendering of the final accounting
referenced herein, Subdivider may question or challenge any use of funds set forth
in such accounting and may appeal same to the City Council.
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-
bearing account of the City's choice, and may be co-mingled with other City funds
in such account. Interest accruing upon any such deposit shall inure to an be
created for the benefit of Subdivider, less the City's reasonable or actual costs of
administering the account and less any other charges which may be required or
P
• .� Addendum to Subdivision Agreement
Tract No. 5710
Page 5
authorized by law. The parties agree that five (5) per cent of the amount(s)
deposited is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain
consequences in the event of Subdivider's breach, such as inverse condemnation
liability, abandonment (by operation of law) of the condemnation action, and award
to the property owner of her litigation expenses and reasonable attorney's fees and
sanctions imposed by the Permit Streamlining Act (Government Code Section
65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit.
Easement Acquisition for APN: 511-200-17
511-200-18
511-200-19
511-250-01
511-250-02
511-250-04
511-250-05
511-250-06
AMOUNT TO BE DEPOSITED ITEM
$114,000 Value of Street Easement
4,000 Escrow and Title expenses
15,000 Real Estate Staff time
20,000 Attorney Staff time
38,250 Contingency (25% ±)
$191,250 SUB-TOTAL
$ 192,000 TOTAL (rounded)
K:\Maps\Final Maps\Active\T-5710\5710 Map Docs\T5710 Subdivision Agreement Final Map ADDENDUM v08-12-08.wpd
CLARIFICATION DECLARATION
I CERTIFY UNDER PENALTY OF
PERJURY THAT THE "CLARIFICATION
PAGE (S)" THAT FOLLOW THIS PAGE
IS / ARE A TRUE AND CORRECT COPY
OF THE ILLEGIBLE PAGE(S) BEING
CLARIFIED.
DATE: tz=z3 -og
SIGNATURE:
Atprt,) tc wq►tea- -t ,
(GOVT. CODE SEC. 27361.7)
F
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SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on May 15, 2006, in the office of the Fresno County Recorder, as Document
No. 06 - 104500 of which the Deed of Trust in, by and between: Granville Homes, Inc.,
a California Corporation as Trustor, *Financial Title Company, a California Corportation, as Trustee
and The Coalition for Urban Renewal Excellence, a Non-Profit Organization, Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement including Addendum to Subdivision Agreement for Rights of Way
Acquisition for the Final Map of Tract No. 5710.
DATED:
BENEFICIARY
By:
Nathan Magsig, Executive Director
The Coalition for Urban Renewal Excellence,
A California Non-Profit Organization
By:
(Beneficiary to print/type document
information, Name, Title and attach Notary
Acknowledgment)
*First American Title, a California Corporation Per Doc. No. 2008-0136447 Recorded
September 24, 2008, is now the Trustee