HomeMy WebLinkAboutT-5464 - Agreement/Covenant - Subdivision Agreement - 12/5/2018 RECORDING REQUESTED BY 2018-0145154
AND WHEN RECORDED MAIL TO:
FRESNO County Recorder
City Clerk Paul Dictos, CPA
City of Fresno Wednesday, Dec 05, 2018 08:00:00 AM
2600 Fresno Street Titles: 1 Pages: 27
Fresno, CA 93721-3603 Fees: 0.00
CA SB2 Fee: 0.00
Taxes: 0.00
Tot : 1
CITYIOF FRESNO 0 00
NO FEE-Government Code 6103
City of
F"
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, Califomia 93721-3616
(559) 621-8650
P.W. File No. 11376
O
ION AGREEMENT
FINAL MAP T T NO. 5464, PHASE 1 OF VESTING
TATIVE MAP NO. 5464
O
O
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Subdivision Agreement
Final Map of Tract No. 5464
Page 2
THIS AGREEMENT is made this day of SFD'-6/nRjQZ 20-&, by and
between the City of Fresno,a Municipal Corporation, hereinafter designated and lied the"City,"
and, KB HOME SACRAMENTO, INC., a California Corporation, 744 P St t, Floor, Suite
321, Fresno, CA 93721, hereinafter designated and called the "Subdivid itho regard for
number or gender.
RECITALS
A. The Subdivider has filed with the City,a Final M bwhich p poses the subdivision of
land owned by Subdivider, situated in the City of Fresno, resno, State of California,
dividing the real property more particularly described as fo
Lots 1 through 34, inclusive of th in I Tract No. 5464 according to the
map thereof recorded on 9 /S, in Volume 86 of Plats at
Page(s)39 4 qd , Fresn County S.
B. The City requires, as a con ' ' pr ent to the acceptance and approval of the
Final Map, the dedication of such s h ays and public places and easements as are
delineated and shown on the Final M deems the same as necessary for the public use,and
also requires that any and all str tIi ated and shown on the Final Map shall be improved by
the construction and the inst a improvements hereinafter specified.
C. Section 15- f the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agree
men ' h the City whereby Subdivider agrees to do, perform and complete
the work and matte the Revised Conditions of Approval for Vesting Tentative Map No.
5464 dated July , 018 ued by the City and any amendments thereto(hereinafter referred to as
"Conditions ro ", hereinafter set forth in detail, within the time hereinafter mentioned, in
conside acceptance of the offers of dedication by the City of Fresno.
The Subdivider desires to construct the improvements and develop the subdivision.
The Subdivider hereby warrants that any and all parties having record title interest in
th ap which may ripen into a fee have subordinated to this instrument and that all such
i s ments of subordination, if any, are attached hereto and made a part of this instrument.
Z
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Subdivision Agreement
Final Map of Tract No. 5464
Page 3
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 nsideration of
finding of substantial compliance with said Tentative Map, it is mutually ag a n erstood by
and between the Subdivider and the City,and the Subdivider and the City m ally agree
as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be pe ed reinafter specified on or
before one (1)year of the date of this agreement, a oted below.
b. The Street Trees required for to be provided and planted by the
Subdivider upon occupancy of each lot. I f Street Trees to be planted in the
subdivision shall be as approved by the C' in . The Subdivider shall notify the Public
Works Department- Construction geme t ivision of the planting schedules and to
schedule inspections.
C. The Issuance of its for any structure within the subdivision shall
conform to the requirements o re iling Uniform Fire Code (UFC). The Subdivider's
attention is particularly apter 5, Part 9 of TMe 24 of California Code of
regulations relating to Fire ent access and water supply. No building permit shall be
issued until all Fire D access and fire fighting water supply requirements have
been met. No o p it shall be issued until all Fire Department requirements for
occupancy have m The issuance of any occupancy permits by the City for dwellings
located within ivision shall not be construed in any manner to constitute an
acceptance ap val of any or all of the streets and improvements in the subdivision.
o certificates of occupancywill be issued nor any human occupancy allowed
for a i 'ng on any lot of the subdivision until permanent sanitary sewer and water
ermined to exist by the Director of Public Utilities Department.
e. When a delay occurs due to unforeseen causes beyond the control and
out the fault or negligence of the Subdivider,the time of completion may be extended for
eriod 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
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Subdivision Agreement
Final Map of Tract No. 5464
Page 4
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 The Director
of Public Works shall give the Subdivider written notice of his dete n riting,which
shall be final and conclusive.
2. The work and improvements ("Improvements"), re cifi Ily shown on the
referenced plans which are incorporated by reference and ma a part this Agreement,shall be
done in accordance with the construction standards contained in current edition of the City
of Fresno Standard Specifications and Drawings(City Cou lution No.70-36 and Resolution
No.84-36 1)and any amendments thereto,(herein aft to as "Public Works Standards' at
the sole cost and expense of the Subdivider incl i sts of engineering, inspection and
testing. The construction cost estimates, n s ding Improvement and warranty security
requirements for these Improvements are t Exhibit"A"which is incorporated by reference.
3. The Improvements a foll
a. Set all Ian onuments and lot comers required to locate land
divisions shown on the Fin Pursuant to Section 66497 of the State Subdivision Map
Act, prior to the City' fi cceptance of the subdivision and release of securities, the
Subdivider shall s 'dente to the City of Fresno of payment and receipt thereof by the
Subdivider's en i or urveyor for the final setting of all monuments required in the
subdivision.
b. A ility systems shall be installed underground. Subdividers attention is
dire th ' stallabon of street lights in accordance with Resolution No. 78-522 or any
a e n or modifications which may be adopted by Council prior to the actual
in I of the lights. The Subdivider shall construct a complete underground serviced
ight system as approved by the City Engineer prior to final acceptance of the
bdivision. Height,type, spacing,etc.of standards and luminaires shall be in accordance
w Resolution Nos.78-522 and 88-229 or any amendments or modifications;which may be
dopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
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Subdivision Agreement
Final Map of Tract No. 5464
Page 5
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 6,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
d. Sanitary sewer extensions and services shall be provi in a ance with
applicable provisions of Chapter 6,Article 3 of the Fresno Munici d applicable
charges shall apply.
e. All storm water runoff and other surfa draina shall be discharged in
accordance with the California Building Code as may b and City approval of a
storm drainage and grading plan obtained by the S r.
f. All "Dead-End" streets creat bdivision shall be barricaded in
accordance with Public Works Standard v (7) days from the time said streets
are surfaced, or as directed by the City Engi r.
g. Any temporary sto i asins constructed or enlarged to serve this
subdivision shall be fenced in a ith Public Works Standards within seven (7)
days from the time said basins co rational,or as directed by the City Engineer. The
Subdivider shall maintain th e porary storm drainage basins so as not to create a
nuisance as defined by Se o 6 5 of the Fresno Municipal Code or California Law until
such time as the City E i e vides official notice to the Subdivider, its successors or
assignees, that th e ry storm drainage basins are no longer required. This term
shall survive the t on or expiration of this Agreement.
h. "(i.e., the physical connection of newly constructed water system
facilities to stin water system facilities already in service) shall be in accordance with
Chapter is of the Fresno Municipal Code. The amounts identified as "Wet-Tie
Cha timates only and serve as a deposit to cover the actual cost of construction.
Sho I e ctual construction cost be less than the deposit, the Subdivider shall be
re a excess. Should the actual construction cost be greater than the deposit, the
'der shall be billed by the City of Fresno for the difference and shall be directly
ponsible for payment.
i. The Subdivider shall install and maintain the fencing/walls, landscaping,
irrigation system and certain miscellaneous improvements in accordance with the approved
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Subdivision Agreement
Final Map of Tract No. 5464
Page 6
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 sys scellaneous
improvements shall be prepared by a licensed Landscape Arch' , ce irrigation
designer or other persons with landscaping and irrigation design table to the
Planning and Development Director, except that for improve to maintained by a
City Community Facilities District("CFD"),such improv n s II be approved by the
City Engineer.
j. Perform and construct all work shown [lowing construction plans and
any amendments thereto, unless specifically omitt i .
i. City Drawing Nos: rough 10-C-11338 inclusive(sewer
and water), 15-C-16533 15-C-16539 inclusive (street and
landscaping), and 4- 13 inc u ive (street lighting).
Install and complete all other t ' ements required by Section 15-3804 of the
Fresno Municipal Code in acro n h the Public Works Standards and the construction
plans.
k. Prior to p the Final Map by the City,the Subdivider shall pay to the
City and/or execute co nt to defer certain impact fees due which are eligible to be
deferred by releva o unicipal Code provisions,the total fees and charges due as a
condition of Final ap roval. The total fees and charges are more particularly itemized
and made a i Agreement in the attached Exhibit"B."
I. In nnection with the amounts set forth in Exhibits"A"and"B,°the City has
mad ith efforts at predicting the amounts to be credited as reimbursements for
Im e s that will benefit other properties. Because the subject Improvements have
no mpleted at the time of execution of this Agreement, the actual cost of
ction is not yet known.Some degree of reasonable estimation is incorporated into the
aIculations. Subdivider agrees that these figures represent City's best estimates only and
t they are subject to fluctuation following calculation of actual construction costs after
provement completion and acceptance. It is further subject to Subdivider's submission
and City review of a financial accounting which sets fortis those actual costs, and the
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Subdivision Agreement
Final Map of Tract No. 5484
Page 7
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. With regard to fee credits including those referen bove nd herein,
Subdivider may receive designated fee credits from the City a a UGM or
development impact fee for construction of certain req ' cture improvements
either as a part of this Agreement or at some future da With a to the amounts to be
credited as referenced above, Subdivider acknowledg nd any such fee credits
are provided contingent upon the City accepting infrastructure improvements
completely installed by Subdivider. Until then, an standing any other provision,
Subdivider expressly agrees Subdivider has n any portion of any fee credit and the
Director of Public Works for the City, in th o le discretion,may unilaterally amend
this Agreement effective upon ma' notice t Subdivider to adjust (including adding,
reducing or removing) credits at a acceptance of all required infrastructure
improvements by City. Upon a 'u a Subdivider shall pay in full any UGM or
development impact fees, due m ificabon of the fee credit, prior to approval of the
subdivision map or as may d by a fee deferral covenant. If the subdivision map
has already been approv h re is no applicable fee deferral covenant, all such fees
shall be promptly pai der. The City may enforce recovery of such fees in any
manner available or i uity, including but not limited to private foreclosure and sale
of the property i t m ner provided in Section 2924 of the California Civil Code or
successors
4. It g at the City shall inspect all Improvements. All of the Improvements and
materials s n , performed and installed in strict accordance with the approved construction
plans for i on file with the City Engineer and the Public Works Standards, which said
co ti ns and Public Works Standards are hereby referred to and adopted and made a part
o is reement. In the event there are not any Public Works Standards for any of said
vements, it is agreed that the same shall be done and performed in accordance with the
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Subdivision Agreement
Final Map of Tract No. 5484
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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 by the Fresno City Council of the Final the Wer shall
furnish to the City the following improvement securities in the amounts o hibit A. Bonds
shall be by one or more duly authorized corporate sureties Ii siness in California
subject to the approval of the City and on forms furnished or roved the City, Certificates of
Deposit that is made payable only to the City of Fresno in cceptable to the City Attorney's
office.
a. PERFORMANCE SECU e I amount shall equal 100% of the
final Cost Estimate, as approved by the Ci r, to be conditioned upon the faithful
performance of this Agreement.
L 95% of the fi ost stimate shall be in the form of a bond or
certificate of dep t' ade payable only to the City of Fresno ; and
ii. 5% o Cost Estimate shall be in cash or a certificate of
deposit th s payable only to the City of Fresno.
b. PAYM RITY. The total amount shall equal 50%of the final Cost
Estimate, as app City Engineer, to secure payment to all contractors and
subcontractors p in work on said improvements and all persons fumishing labor,
materials or e o them for said improvements. Payment Security shall be in the
form of a r ce cate of deposit that is made payable only to the City of Fresno .
ny and all other improvement security as required by Section 15-3806 of the
Fres i ipal Code.
d. Subject to the requirements of Resolution No.2008-100 adopted by the City
0 on May 6, 2008, the Subdivider may request a one-time partial acceptance, for
intenance only, of public improvements required by this agreement that the Subdivider
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
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Subdivision Agreement
Final Map of Tract No. 5484
Page 9
consistent with the requirements of Resolution No. 2008-100 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 purs t to ' greement
that occurs after installation shall be made good to the satisfaction a ngineer by the
Subdivider before any securities are released or the final acce nce mpleted work.
7. The Subdivider shall remedy any defective wo labor any defective materials
relating to the Improvements and pay for any damage to r rk or improvements resulting
therefrom which shall occur within a period of one (1 the date of acceptance of the
Improvements.
8. To insure the Subdivider co s with it obligations set forth in paragraph 7, on
acceptance of the required work by the Ci in , a warranty security shall be furnished to or
existing securities retained by the City ' inimum amount identified in said Exhibit A, as a
guarantee and warranty of the wo 'Gd of one (1)year following acceptance against any
defective work or labor done or de v aterials furnished. In accordance with Section 15-3806
of the Fresno Municipal Co i rranty security shall be in the form of cash or a Certificate of
Deposit. The warranty se sh II be released, less any amount required to be used forfulfillment
of the warranty, on ye er final acceptance of the subdivision Improvements.
9. T ' gre ent shall in no way be construed as a grant by the City of any rights to
the Subdivi r pass upon land rightfully in the possession of, or owned by, another,whether
such land pnvately or publicly owned.
Indemnification.
Oa. 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
I
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Subdivision Agreement
Final Map of Tract No. 5464
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(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, litigation
and legal expenses incurred by City or held to be the liability of City, inclu g plaintiffs or
petitioner's attorney's fees if awarded, in connection with City's def s coons in any
proceeding), arising or alleged to have arisen directly or indirectly o pe nce or in
any way connected with: (i) the making of this Agreement; (ii rm ce of this
Agreement; (iii)the performance or installation of the work or i ve is by Subdivider
and Subdivider's employees,officers, agents,contracto ors;(iv)the design,
installation, operation, removal or maintenance of the rk and i rovements; or(v)City's
granting, issuing or approving use of this Agreement.
b. Subdivider's obligations under the p n ntence shall apply regardless
of whether City or any of its officers, officials, a agents are negligent, but shall
not apply to any loss, liability,fines, penal ' ,costs or damages caused solely by
the gross negligence, or caused by the nduct, of City or any of its officers,
officials, employees, agents or auth ' ed volu rs.
C. If Subdivider should ntract all or any portion of the work to be performed
under this Agreement, Subdivi a quire each subcontractor to indemnify, hold
harmless and defend City a ach f its officers, officials, employees, agents and
volunteers in accordance erms of paragraphs "a" and "b" of this Section.
Notwithstanding the prece n encs, any subcontractor who is a"design professional'
as defined in Sectio the California Civil Code shall, in lieu of indemnity
requirements set
fo n p raphs "a" and °b" of this Section, be required to indemnify,
hold harmless aa City and each of its officers, officials, employees, agents and
volunteers to est extent allowed by law, from any and all loss, liability, fines,
penalties,fo to sts and damages(whether in contract,tort or strict liability,including
but not lim' rsonal injury,death at any time and property damage),and from any and
all claims, n s and actions in law or equity(including reasonable attorney's fees and
litiga ' es)that arise out of, pertain to,or relate to the negligence, recklessness or
wil duct of the design professional, its principals, officers, employees, agents or
vo t n the performance of this Agreement.
d. Subdivider further agrees that the use for any purpose and by any person of
a and all of the streets and improvements hereinbefore specified,shall be at the sole and
clusive risk of Subdivider at all times prior to final acceptance by City of the completed
street and other improvements thereon and therein.
l�
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Subdivision Agreement
Final Map of Tract No. 5464
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e. This Section shall survive termination or expiration of this Agreement.
11. Insurance. Throughout the life of this Agreement, Subdivider II pay for and
maintain in full force and effect all policies of insurance described in this S n a insurance
company(ies) either(i) admitted by the California Insurance Commissi us' ess in the
State of California and rated not less than"A-VII"in Best's Insu ide,or(ii)authorized
by City's Risk Manager. The following policies of insurance a require
a. COMMERCIAL GENERAL LIABILI , which shall be at least as
broad as the most current version of Insurance Se ce(ISO)Commercial General
Liability Coverage Form CG 00 01 and shall i d nce for bodily injury, property
damage, and personal and advertising i Wry erage for premises and operations
(including the use of owned and non ipment), products and completed
operations,contractual liability(inclu inde obligations under this Agreement),with
limits of liability of not less than 0 occurrence for bodily injury and property
damage, $1,000,000 per occurren personal and advertising injury and $5,000,000
aggregate for products and co o ions, and $10,000,000 general aggregate.
b. COMMERC OBILE LIABILITY insurance,which shall be at least
as broad as the most cu a ion of Insurance Services Office (ISO) Business Auto
Coverage Form CA 0 a II include coverage for all owned, hired, and non-owned
automobiles or oth i n vehicles (Code 1-Any Auto), with combined single limits of
liability of not le an 00,000 per accident for bodily injury and property damage.
C. S' COMPENSATION insurance as required under the California
Labor Co
MPLOYERS' LIABILITY with minimum limits of liability of not less than
$1 0 0 ch accident, $1,000,000 disease policy limit and $1,000,000 disease each
e
bdivider shall be responsible for payment of any deductibles contained in any insurance
I uired hereunder and Subdivider shall also be responsible for payment of any self-insured
t tions.
It
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Subdivision Agreement
Final Map of Tract No. 5484
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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 su cancellation of
coverage. In the event any policies are due to expire during the to th Agreement,
Subdivider shall provide a new certificate evidencing renewal of s 'cy(i ) not less
than 15 calendar days prior to the expiration date of the expirin y(I Upon issuance
by the insurer, broker,or agent of a notice of cancellation in ce rage, S ivider shall file with City
a new certificate and all applicable endorsements for such poli
The General Liability and Automobile Liability insu licies shall be written on an
occurrence form and shall name City, its officers,offi s ,employees and volunteers as an
additional insured.Such policy(ies)of insurances orsed so Subdivider's insurance shall
be primary and no contribution shall be ui f C' In the event claims-made forms are used
for any Professional Liability coverage,eit er ' olicy(ies)shall be endorsed to provide not less
than a five (5)year discovery period, the verage shall be maintained fora minimum of five
(5)years following the termination i g ment and the requirements of this Section relating to
such coverage shall survi on or expiration of this Agreement. Any Workers'
Compensation insuranceM all contain a waiver of subrogation as to City,its officers,officials,
agents, employees a lu rs.
Subdlvid II have furnished City with the certificate(s) and applicable
endorseme L required insurance prior to City's execution of the Agreement
Subdivid ish City with copies of the actual policies upon the request of City's Risk
Mana y time during the life of the Agreement or any extension, and this requirement shall
stithe
ination or expiration of this Agreement.
fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be
Cd ed to release or diminish the liability of Subdivider or his/herfrts subcontractors including
without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
r
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Final Map of Tract No. 5464
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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 Subdivid r or his/herfits
subcontractors. Approval or purchase of any insurance contracts or polici s s I i o way relieve
from liability nor limit the liability of Subdivider, its principals, officers, age loy , persons
under the supervision of Subdivider, vendors, suppliers, invitees, su tra , consultants or
anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any ext bdivider fails to maintain
the required insurance in full force and effect, the Director f Works for the City, or his/her
designee, may order that the Subdivider, or its or subcontractors, immediately
discontinue any further work under this Agree me d all necessary actions to secure the
work site to insure that public health and safe i rot All payments due or that become due
to Subdivider shall be withheld until notice i iv by City that the required insurance has been
restored to-full force and effect and t th remiums therefore have been paid for a period
satisfactory to City. Any failure to i e required insurance shall be sufficient cause for City
to terminate this Agreement.
If Subdivider shoul n ct all or any portion of the services to be performed under this
Agreement, Subdivid a uire each subcontractor to provide insurance protection in favor of
City, its officers,o em oyees,volunteers and agents in accordance with the terms of each of
the preceding hs,exceptthatthe subcontractors'certificates and endorsements shall be on
file with S b ' i er nd City prior to the commencement of any work by the subcontractor.
The Subdivider and his subcontractors shall pay for any materials, provisions, and
o r s lies used in, upon, for, or about the performance of the Improvements contracted to be
for any work or labor thereon of any kind,and for amounts due under the Unemployment
n nce 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,
13
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entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the 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 d rights-of-way
shall be ordered and paid for by the Subdivider.
14. The Subdivider shall comply with Street,Plumbing, Building le I,Z ing Codes
and any other codes or ordinances of the City.
15. It shall be the responsibility of the Subdivider coo ' to all work done by his
contractors and subcontractors, such as scheduling the of operations and the
determination of liability if one operation delays another. In hall representatives of the City
be placed in the position of making decisions that are nsibility of the Subdivider. It shall
further be the responsibility of the Subdivider to gi a ngineer written notice not less than
two (2)working days in advance of the actua a on ich work is to be started. Failure on the
part of the Subdivider to notify the City En i cause delay for which the Subdivider shall be
solely responsible.
16. Whenever the Sub a ' the period during which work is carried on each day,
it shall give due notice to the C' so that proper inspection may be provided. If Subdivider
fails to duly notify City as h qui ,any work done in the absence of the City Engineer will be
subject to rejection. n on of the Improvements shall not relieve the Subdivider of any
obligation to fulfill eement as prescribed. Defective work shall be made good,and unsuitable
materials ma cted, notwithstanding the fact that such defective work and unsuitable
materials a ee previously overlooked by the City Engineer or City Inspector and accepted.
Adequate dust control shall be maintained by the Subdivider on all streets within and
u subdivision on which work is required to be done under this Agreement from the time
commenced in the subdivision until the paving of the streets is completed. "Adequate
du 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 bywind or
DOC#2018-0145154 Page 15 of 27
Subdivision Agreement
Final Map cf Tract No. 5464
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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 by the San Joaquin Valley
Air Pollution Control Board. Whenever in the opinion of the City Engineer adequ a dust control is
not being maintained on any street or streets as required by this paragrap gineer shall
give notice to the Subdivider to comply("Notice to Comply")with the p th' ragraph
forthwith. If in the opinion of the City Engineer the Subdivider's fa' o ply with the provisions
of this paragraph is having an immediate and significant imps on the blic's health, safety and
welfare, the City Engineer may immediately issue a sto er until the City receives
reasonable assurances that the.Subdivider shall comply provisions of this paragraph
forthwith. Such notices and stop-work orders b Ily served upon the Subdivider or, if
the Subdivider is not an individual, upon any erson as signed this Agreement on behalf of the
Subdivider or,at the election of the City E i r, otices and stop-work orders may be mailed
to the Subdivider at his address on file e i Engineer. If the City Engineer has issued a
Notice to Comply and within twen hours after such personal service of such notice or
within forty-eight (48) hours after m ng thereof as herein provided, the Subdivider shall not
have commenced to main de to dust control or shall at any time thereafter fail to maintain
adequate dust control, th Engineer may, without further notice of any kind, cause any such
street or streets to rink or oiled,as it may deem advisable to eliminate the scattering of dust,
by equipment an rsonnel of City or by contract as the City Engineer shall determine, and the
Subdivider s pay to City forthwith, upon receipt of billing therefore,the entire cost to City of
such n or treating. When the surfacing on any existing street is disturbed, this surfacing
sh laced with temporary or permanent surfacing within fourteen(14)calendar days,and the
shall be maintained in a safe and passable condition at all times between the
co encement and final completion, and adequate dust control shall be maintained during these
operations.
DOC#2018-0145154 Page 16 of 27
Subdivision Agreement
Final Map of Tract No. 5484
Page 16
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 d alleys before
starting the street and alley surfacing.
19. Time is of the essence of this Agreement, and the same s b' n ure to the
benefit of the parties hereto, their successors and assigns.
20. No assignment of this Agreement or of any duty or o igabon of performance
hereunder shall be made in whole or in part by the Subdivid a written consent of City.
21. In addition to the following Covenants Aff Development:
a. Maintenance of Certain Publi p is
b. Temporary Storm Draina Faciliti
c. Special Solid Waste Di s
d. Deferring Certain S ction Charges, Water Connection Charges,
Urban Growth M t Fees, City-wide fees, and Development Fees
e. Acknowledging t Farm Law
as referenced on the Fin p this Agreement, Subdivider shall comply with all of the
Conditions of Approvals th has not already fully complied with as of the date of the approval of
the Final Map and i a of otherwise set forth in this Agreement, including but not limited to,
any condition to vey to a specific party a fee interest or easement in any parcels, upon
Subdivider's pl ion of all required improvements to said parcels. Subdivider's compliance with
such ii s shall be completed within a reasonable time, as determined by the City, after
re vt ' en notice from the City Engineer of the outstanding condition or term with which the
S r is required to comply.
22. In performing its obligations setforth in this Agreement,Subdividershall complywith
all applicable laws, regulations,and rules of the governmental agencies having jurisdiction including,
16
DOC#2018-0145154 Page 17 of 27
Subdivision Agreement
Final Map of Tract No. 5464
Page 17
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 La r Code, Public
Contract Code, Public Resources Code, Health&Safety Code,Govemme t C City Charter,
and Fresno Municipal Code. The City makes no representations regardin p ility of any
such laws to this Agreement, the project, or the parties' respective rig r ob' atons hereunder
including,without limitation,payment of prevailing wages,com b 'ng,subcontractor listing,
or other matters. City shall not be liable or responsible, in o quity, to any person for
Subdividers failure to comply with any such laws,whether a knew or should have known of
the need for Subdivider to comply, or whether the C' notify Subdivider of the need to
comply. The Subdivider is referred to the C' a ent of Public Works, Construction
Management Division to obtain the current ailin age rates, to the extent said rates are
applicable to the construction of any of the v ments.
23. If either party is requir co encs any proceeding or legal action to enforce or
interpret any term or condition of t ent,the prevailing party in such proceeding or action
shall be entitled to recover fro party its reasonable attorney's fees and legal expenses.
For the purposes of thi g nt, "attorneys' fees" and "legal expenses" include, without
limitation, paralegals' n xpenses,attomeys,consuftants fees and expenses,expert witness
fees and expen a I other expenses incurred by the prevailing party's attorneys in the course
of the repres the prevailing party in anticipation of and/or during the course of litigation,
whether o ise recoverable as"attomeys'fees"or as"costs"under California law,and the
same ought and awarded in accordance with California procedure as pertaining to an
of ntractual attomeys' fees.
24. The waiver by either party of a breach by the other of any provision of this Agreement
I not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Agreement. No provisions of this Agreement may be waived unless in
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DOC#2018-0145154 Page 18 of 27
Subdivision Agreement
Final Map of Tract No. 5464
Page 18
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. The provisions of this Agreement are severable. The invalidity or enforceability of
any one provision in this Agreement shall not affect the validity or a of the other
provisions, which shall remain in full force and effect.
26. This Agreement shall be govemed by, and cons forced in accordance
with, the laws of the State of Califomia, excluding, however, y confli f laws rule which would
apply the law of another jurisdiction. Venue for purposes o f any action regarding the
enforcement or interpretation of this Agreement and any rig n uties hereunder shall be Fresno
County, Califomia.
27. Each party acknowledges th they ha read and fully understand the contents of
this Agreement. This Agreement rep th ' and integrated agreement between the
parties with respect to the subject reof and supersedes all prior negotiations,
representations or agreements, ei or oral. This Agreement may be modified only by
written instrument duly authorize cuted by both City and Subdivider.
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DOC#2018-0145154 Page 19 of 27
Subdivision Agreement
Final Map of Tract No. 5464
Page 19
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,
a Municipal Corporation SUBDIVIDER
Public Works Department KB HOME SACRAMENTO, I
Scott Mozier, P.E., Director A Califomia Corporati n
By:
Andrew J. Be Ili, P.E., Assistant Director By:
Leo Pat 'a,
Vice and Planning
ani pment
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attomey
By:
Mary rman-
D City ey
Date:
(Attach Notary Acknowledgments)
O
'Co)
DOC#2018-0145154 Page 20 of 27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Callfomla l
County of Placer J}
On 8/13/2018 before me, Samantha Se in L ub is
Date Here Insert Name Itle o e Officer
personally appeared Leo Panto a
Nome(s)of Slgns)
�___))
who proved to me on the basis of satisfactory evidence to be the ose name(s) is/are subscribed
to the within Instrument and acknowledged to me that he/she/th a ed the same In his/her/their
authorized capacity(les), and that by his/her/their signature(s)on st ment the person(s),or the entity
upon behalf of which the person(s) acted,executed the ins n
I c u er PENALTY OF PERJURY under the
laws f e State of California that the foregoing
SA,MAKMA SEE-INE LAW r r ph Is true and correct
Notary Public.California
Placer County WITNESS my hand and official seal.
Commission A 2246971
aMy Comm.Expires Jun 21,202
Signatur
Place Notary Seal and/or Stam ve Signature Nota ublic
OPTIONAL
Completl is v ation can deter alteration of the document or
froudul ac ment of this form to an unintended document.
Description of Attach cument
Title or Type of D division Agreement Final Map Tract No. 5464, Phase 1 of Vesting Ten ative
Document Date: 9ni ap No. 5464 NumberofPages: 27
Slgner(s) Othe an ed Above:
Capacl by Signer(s)
Signer's Signer's Name:
❑ Cor a r—Thie(s): ❑ Corporate Officer—Tftle(s):
❑ Partn r-- ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ ❑ Attorney In Fact ❑ Individual ❑ Attomey In Fact
ee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ ❑ Other
n s Representing: Signer Is Representing:
17 National Notary Association
DOC#2018-0145154 Page 21 of 27
A notary public or other officer completing this
certificate verifies only the identity. of the
individual who signed the document,to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
CLERK'S CERTIFICATION
s
State of California )
County of Fresno )
On September 21, 2018 before me, Cherisea Barnes De Clerk, personally appeared,
Andrew J. Benelli P.E. Assistant Director of Public Work City of Fresno who proved to
me on the basis of satisfactory evidence, to be the p ose name(s) is/are subscribed
to the within instrument and acknowledged to th t /they executed the same in
his/her/their authorized capacity(ies), and that by er it signatures)on the instrument the
person(s), or the entity upon behalf of whica pens (s)acted, executed the instrument.
I certify under PENALTY OF PERJURY r s of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
YVONNE SPENCE, CMC
City Clerk, City of Fresno F
s
0
P 4�L
By
Dep
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DOC#2018-0145154 Page 22 of 27
EXHIBIT A Subdivision Agreement for Tract No. 5464
A APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $76,720
Well Construction Cost Estimate n/a �+
Sewer System Construction Cost Estimate $56,300
Storm Drain Construction Cost Estimate n/a
Street Construction Cost Estimate $1,300000
Final Cost Estimate(for Inspection Fee purposes) $1 433
��95 Landmarks, Monuments, Lot& Block Comers ($50/ea) $4
Sub-Total (for bonding purposes)
Construction Contingency(10%) $1 7
TOTAL COST ESTIMATE*
(for Improvement securities purposes) 1,547 $1,582,000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS (due wit u ion agreement)
Performance Security (100%of Total Cost Estimate
95% of amount shall be in the form of a b
authorized corporate sureties or certificate epo ' $1,503,000
5% of amount shall be in cash or a Ce
Deposit made payable to the City of Fr no. $79,000
Payment Security (50%of Total C I )
100% of amount shall be in bond by duly
authorized corporate sureti or ficate of deposit $791 000
Faithful Performance Sec ' to arantee Completion of Plans
Street Plans $0
Utility Plans (S ater, torm Water) $0
Street Light P $0
Landscap' /Walls $0
100% f un hall be in cash or a Certificate of Deposit 1 $0
C. WAR CURrrY REQUIREMENT*(due as condition of acceptance of the work)
°o Irst$50,000 of the Total Cost Estimate $3,000
°o o ext$50,000 $2,000
°o of next$400,000 $4 000
.5% of amount over$500,000 $5,400
Minimum amount $14,4001
EXHIBIT A v4/28/00 Prepared By: Frank Date: 08/08/18 Print Date:08/08/18 11:36:28 AM Pagel of 1
. U11.
DOC#2018-0145154 Page 23 of 27
EXHIBIT B Subdivision Agreement for Tract No. 5464
AMOUNT
DEFERRED/DUE
BUILDING
NET AMOUNT PERMIT/DUE Q
EXTENSION DUE OCCUPANCY
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$1,433,0201 Final Cost Estimate over$500K 28,840.00
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $8 834.00
Less Inspection Fees paid with Early Street
Construction Agreement $20,008.00
Inspection Fee
2. MONUMENT CHECK FEE
35 Lots and Outlots @ $30.00 per Lot 1,050.00
(Min$200
3. STREET SIGNS
0 Street Name Sign sets a $173.00 per na na
0 Waming/Regulatory signs @ S 00 g na -n a]
4. STREET TREES
01City Installed(5-gaIIon)Street Trees @ 129.00 pe a na na
40 Inspection Fee(when planted by subdivider) 0. er ree S1 200.00 $1 200.00
OTrees by Covenant(Resolution 98-129;2 trees/Lot fr 'streets)
5. STAMPED CONCRETE STREET PAVING MAINTENANC
For the continued maintenance$
0 1 replacement of Stamped Concrete Pa $20.00 per SF na na
6. STREET RIGHTS OF WAY AcciumrN/CONST C N RGE per FMC 11-228(f)(8
r10
Lump Sum I Charge as established by Public Wo s Ire na na
7. LANDSCAPE MAINTENANCE DISTRICT F S(C Annexation No.92)
Anticipated Operational Malntena os
Lump Sum ILandscaping Ope do I $57,037.20 $57,03720
Lump Sum I OtherOperati al osts 51,132.80 $1,132.80
Lump Sum I Landscap ar a Field pection Fee- 5305.00 LS $30-5.001 1 $305.00
Public rks
To I� 558,475.00 58 475.00
50.00 s m essment per Lot(Information only)
8. IRRIGATI (one-time maintenance fee)
Linea eat @ 5.00 per LFna na
9. URB RESE E41 CORRIDOR NEXUS STUDY CONTRIBUTION
Fr a / tient Road/Herndon Corridor
0.0000 Adjusted Grose Acres $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 6 CHARGES $60,725.00 580,725.00
EXHIBIT B 01/01/01 Printed 08/24/18 4:45:29 PM Page 1 of 5
DOC#2018-0145154 Page 24 of 27
EXHIBIT B Subdivision Agreement for Tract No. 5464
AMOUNT
DEFERRED/DUE
O BUILDING
NET AMOUNT PERMIT/DUE a
EXTENSION DUE OCCUPANCY
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
9.2065 Gross Acres
7.1219 Net Acres
8.3187 Adjusted Grose Acres(AG Ac); excludes Area of Arterial&Collector Streets
34 Units(residential)
RS-4 Zoning
UGM Input'ugm'If within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BM FMFCD Drainage Area
9.1846 Acres per FMFCD @ $8 000 per Acre 7347 .
Local Drainage Fee $73.477.0 73 477.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Cha e
Frontage: E.Hamilton Avenue 57 400 S
57 400 SF; sub-total Lateral Sewer Charge p 5740.00
Less estimated Lateral Sewer Charge Credits 0.00
Lateral Sewer Charge $5,740.00 $0.00 $5 740.00
(b)Oversize Sewer Charge
UGM Reimbursement Area
Frontage: E.Hamilton Avenue 200 SF
Frontage:IS.Temperance Avenue 27 200 SF
Total Square Feet 139 400 F
139 400 SF;sub-total Oversize Sewer he 50.05 per SF 970.00
Less estimated Oversize d 0.00
Less estimated Overdo redlts 0.00
Oversize Sewer a 6 970.00 $0.001 1 $6 970.00
(c)Trunk Sewer Charge
Fowler Trunk Sewe a Ice Area
34J Unl $344.00 per Unit 11,696.. 0 $11,696.00
(d)Wastewater II a rge
Fee to I rate in effect at Ume of issuance of building permit. The fee rate currently In effect Is$2,119 per Unit(FMC 6-304(x)(5))
3. WA E CON E TION CHARGES
(a a aterial Chargee("Wet-Tie')
0 14 Estimate Number
5271 Water Job Number
Estimated Deposit(FMC 14-111-0 S11 000.001 $0.00 133)
(133) Deposit paid with Early Construction Agreement
EXHIBIT B v11/01/01 Printed 08/24/18 4:45:29 PM Page 2 of 5
DOC#2018-0145154 Page 25 of 27
EXHIBIT B Subdivision Agreement for Tract No. 5464
AMOUNT
DEFERRED IDUE
0 BUILDING
NET AMOUNT PERMIT I DUE
EXTENSION DUE OCCUPANCY
(b1)Service Connection Charges
32 1'Meters to existing services 330.00 each $10 560.00 .00 $10 560.00
2 1-12'Meters to existing services @ 455.00 each $910.00 50.00 $910.00
(b2 Landsca s Service Connection Charges
1 2'Meters to existing services 530.00 each 630.00 .00
(c)Frontage Char e
Frontage: E.Hamilton Avenue 1 148 LF
Frontage:IS.Temperance Avenue 197 LF
Sub-Total Lineal Feet(full rate) 1345 LF
1 345 LF; sub-total Frontage Charge(full rate) 8.50 per LF $8742.5
Leas estimated Frontage Charge Credits $0
Frontage Charge 742.50 $0.00 $B 742.50
(d Transmission Grid Main Charge
D UGM Reimbursement Area
9.2065 Gross Acres pe Ac 5 919.78
Less Estimated TGM Construction Credits
Transmission Grid Main Charge $5 919.78 30.00 $5 919.78
(e)Transmission Grid Main Bond Debt Service Charge
9.2065 Gross Acres 43.00 per Gr Acre $2 237.18
Less Estimated TGM Bond Debt Servl he dits
Transmission Grid Main Bond Debt S ry C a e $2,237.18.
( UGM Water Supply Fee
501-S Supply Well Service Are
34 Llving Unhs(resldentia @ 1 738.00 per Unit 59 092.00
Less Estimated U ate ly Fee Construction Credits 120 832.21
UGM Water Fee 0.00 Paid w/Credits
( )Well Head Treatment F
501 Well Racl, at e t Service Area
34 Llvl dUrA ( Idential) @ $79.00 per Unit 32 688.00
e s Ima Well Head Treatment Fee Construction Credits 50.00
ead Treatment Fee 2 686.00 2 686.00
(h R ha e e
5 echarge Service Area
4 Living Unita(residential) 56.00 per Unit 1 904.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee 51 904.00 1 904.00
EXHIBIT B v11/01/01 Printed 08!24/18 4:45:30 PM Page 3 of 5
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DOC#2018-0145154 Page 26 of 27
EXHIBIT B Subdivision Agreement for Tract No. 5464
AMOUNT
DEFERRED/DUE
®BUILDING
NET AMOUNT PERMIT/DUE 0
EXTENSION DUE OCCUPANCY
(I 1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
34 Living Units(residential) 593.00 per Unit $3 182.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 0.00
1994 Bond Debt Service Fee $3 162.00 0 1 $3,162.001
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
15 Fire Station Service Area
9.2065Gross Acres 605.00 per Gr Acre $556 $0.00 $6 569.93
(b UG�BORHOOD PARK FEE
2 Neighborhood Park Service Area
9.2065 Gross Acres $2 392.00 per Gr A ,021.95 1 $0.001 $22,021.95
(c UGM MAJOR STREET CHARGE
D-11E-2 Major Street Zone
8.3187 Adjusted Gross Acres 31 pe Ac 26 295.41
Less Estimated Major Street Charge Construction edits 0.00
Major Street Charge $28 295.41 v.001 $28 295.41
(d UGM MAJOR STREET BRIDGE CHARGE
D-I/E-21 Major Street Bridge Zone
8.3187 Adjusted Gross Acres 4.00 per AG Ac $2 528.88
Less Estimated Ma)or Street Bridge ton Credits
Major Street Bndge Charge / 2 528.88 $0.00 $2,628.88
3. NON-URBAN GROWTH MANAGEMENT C E IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE FACILITIES IMPACT FEE"
34 Living Units(resl t 0 779.00 per Unit 26 486.00 "
(b)PARK Fl Chir Y IMPAC "
34 Llving Un ( sl den @ $3 923.00 per Unit $133 382.00 "
(c QUIMBY PARK ND 1 ATION FEE
34 A to Idential) Q $1 165.00 per Unit 0
(d C AL STREET CHARGE"`
7 A Gross Acres @ $7 830.00 per AG Ac $65 135.42 "
N H AREA MAJOR STREET CHARGE"
Adjusted Gross Acres @ 21 555.00 per AG Ac 179 309.58 "
( P CE FACILITIES IMPACT FEE"
34 Living Units(residential) @ $602.00 per Unit $20 468.00 "
EXHIBIT B vl l/01/01 Printed 0&24118 4:45:30 PM Page 4 of 5
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DOC#2018-0145154 Page 27 of 27
EXHIBIT B Subdivision Agreement for Tract No. 5464
AMOUNT
DEFERRED IDUE
0 BUILDING
NET AMOUNT PERMIT/DUE 0
EXTENSION DUE OCCUPANCY
(p)TRAFFIC SIGNAL CHARGE
034 Llving Units(residential) Q 5450.94 per Unit 515,331.96
Less Estimated Traffic Signal Charge Construction Credits
Traffic Slgnal Charge r $15,331.961 00 15,331.96
Subject to vesting 6antative map dam,The may not be applicable until 2-years atter date a rec tion;when
appllcable,flee is due at Building Permit for aH un-developed lots at the tee ram then
Total impact Fees&Charges 7 $90 293.09 $115 989.59
Note: EXTENSION total Includes net results of construction c
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 80,725.00
TOTAL(B) IMPACT FEES&CHARGES $90 293.00 115 989.59
OTAL SUBDIVISION FEES and CHARGES D E RE NT cash $161 018.00
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EXHIBIT B v11/01/01 Printed 08124/18 4:45:30 PM Page 5 of 5
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