HomeMy WebLinkAboutPM 2002-18 - Agreement/Covenant - 8/11/2006 PLEASE CONFORM
When Recorded Mail To:
City Clerk 04111/1003,10030061115
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3603
NO FEE-GOVERNMENT CODE 6103
CITY of FRESNO
Public Works Department
P.W. File No. 5494-2002-18
PARCEL MAP AGREEMENT No. 2002-18
THIS AGREEMENT is made this day of .4 pol ,2003, by and
between the City of Fresno, a Municipal Corporation, hereinafter referred to as"City,"and,
Roger E. Petersen and Roxie Petersen, husband and wife as community property, 6750
East Nees Avenue, Clovis, California, 93612, hereinafter referred to as "Subdivider"
without regard for number or Gender.
RECITALS
A. The Subdivider has filed with the City, a Parcel Map which proposes the
subdivision of land owned by Subdivider, situated in the City of Fresno, County of Fresno,
State of California, dividing the real property more particularly described as follows:
Parcels A through C, inclusive, of Parcel Map No. 2002-18 as recorded in
Book _I0'— of Parcel Maps at Page(s) Fresno County
Records.
C
Parcel Map Agreement No. 2002-18
Page 2
B. The City requires, as a condition precedent to the acceptance and approval of
said Parcel Map, the dedication of streets, highways, public places and easements as are
delineated on the Parcel Map, and deems such dedications as necessary for the public
use; and, requires the construction of improvements of the streets delineated on the
Parcel Map.
C. Section 12-1206 of the Fresno Municipal Code requires the Subdivider to either
construct or enter into an Agreement whereby Subdivider agrees to perform and complete
the work and improvements required as Conditions of Approval for Tentative Parcel
Map No. 2002-18 dated December 9, 2002, issued by the City and any amendments
thereto (hereinafter referred to as Conditions of Approval and incorporated into this
agreement by this reference), in consideration of the approval of the Parcel Map for
recording.
AGREEMENT
In consideration of the approval of said Parcel Map for filing and recording as
provided and required by law, it is mutually agreed and understood by and between the
Subdivider and City, and the Subdivider and City do hereby mutually agree as follows:
1. The Subdividershall perform the work and improvements at the time a permit
or other grant of approval for development of the parcel is issued by the City or before April
30, 2003, whichever occurs first, unless prior to this date of performance an extension of
time is approved by the Public Works Director.
2. Prior to the commencement of the work, the Subdivider shall submit
Parcel Map Agreement No. 2002-18
Page 3
engineered construction plans to the City Engineer for review and approval. The cost to
prepare and process such plans, and the inspection of such work, shall be the
responsibility of the Subdivider. The work shall be performed and inspected under a Street
Work Permit issued by the Public Works Department pursuant to such approved
construction plans,.
3. All of the work and improvements and materials shall be performed, installed,
and provided in accordance with the City of Fresno Standard Specifications, adopted
September 11, 1984 by Resolution No. 84-361 and any amendments thereto, hereinafter
referred to as the "Standard Specifications,"which are incorporated herein as though set
forth in full. All of said work and improvements shall also comply with the requirements of
Chapter 12, Articles 10 and 12 of the Fresno Municipal Code. In situations where there
are no Standard Specifications for an item of work, it is agreed that such work shall be
performed in accordance with the standards and specifications of the State of California,
Department of Transportation as determined by the City Engineer.
4. The work and improvements are stipulated in the Conditions of Approval and
include the following:
a. All utility systems shall be installed underground. Subdivider's
attention is directed to the installation of street lights in accordance with Resolution
No. 68-187 and Resolution No. 78-522. The Subdivider shall construct a complete
underground street light system as approved by the Traffic Engineer prior to final
acceptance of the parcel map. Height, type, spacing, etc., of standards and
luminaries shall be in accordance with Resolution No. 78-522 and shall be approved
by the City Engineer.
b. Water main extensions and services shall be provided in accordance
with applicable provisions of Chapter 14,Article 1 of the Fresno Municipal Code and
C
Parcel Map Agreement No. 2002-18
Page 4
all applicable charges shall apply.
C. 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.
d. Lot drainage shall be in accordance with Section 13-120.3315 of the
Fresno Municipal Code.
e. The improvements are more particularly itemized in Exhibit A,
attached hereto and made a part of this Agreement.
5. Prior to the approval of the Parcel Map by the City, the Subdivider shall
furnish to the City the following securities in the amounts itemized in said Exhibit A.
Bonds shall be by one or more duly authorized corporate sureties subject to the approval
of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal 100% of the
Final Cost Estimate to be conditioned upon the faithful performance of this
agreement.
i. 95% of the Final Cost Estimate shall be in the form of a bond
or irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate
of deposit.
b. PAYMENT SECURITY. Total amount to equal 50%of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work
on said improvements and all persons furnishing labor, materials, or equipment to
them for said improvements. Payment Security shall be in the form of a bond or
irrevocable instrument of credit.
6. Prior to the approval of the Parcel 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 Parcel Map approval. The total fees and charges are more particularly itemized in
Parcel Map Agreement No. 2002-18
Page 5
Exhibit B, attached hereto and made a part of this Agreement.
7. Upon acceptance of the required work by the City Engineer, a warranty
security shall be furnished to or retained by City in the minimum amount identified in said
Exhibit A, for guarantee and warranty of the work for a period of one (1) year following
acceptance against any defective work or labor done or defective materials furnished. In
accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security
shall be in the form of cash or a certificate of deposit. The warranty security shall be
returned to the Subdivider, less any amount required to be used for fulfillment of the
warranty one (1) year after final acceptance of the subdivision improvement.
8. The Subdivider and his contractor and subcontractors shall pay for any
materials, provisions, provender, and other supplies or terms used in, upon, for, or about
the performance of the work contracted to be done and for any work or labor thereon of
any kind and for amounts due under the Unemployment Insurance Act of the State of
California with respect to such work or labor and shall file with City pursuant to Section
3800 of the Labor Code a Certificate of Workers Compensation and shall maintain a valid
policy of Workers Compensation Insurance for the duration of the period of construction.
9. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever,for any injury or damage that may result to any person or property
by or from any cause whatsoever in, on or about the subdivision of said land covered by
this Agreement, or any part thereof. The Subdivider hereby releases and agrees to
indemnify, defend and save the City harmless from and against any and all personal
injuries to and deaths of persons and property damage, and all claims demands, costs,
Parcel Map Agreement No. 2002-18
Page 6
loss, damage,and liability, howsoever same may be caused, resulting directly or indirectly
from the performance of any or all work and improvements to be done in and upon the
street rights-of-way in the subdivision or upon the premises adjacent thereto pursuant to
this Agreement, and also from all injuries to and deaths of persons, and all claims,
demands, costs, liability, loss, damage, howsoever caused, either directly or indirectly
made or suffered by the Subdivider, or his agents, employees and subcontractors, in
connection with the work and improvements required by this Agreement. The Subdivider
further agrees that the use for any purpose and by any person of any of the streets, work
or improvements specified in or required by this Agreement or the Parcel Map, shall be at
the sole and exclusive risk of the Subdivider at all times prior to the final acceptance of the
work and improvements by the City.
10. Initial compaction and soil tests of street, sewer, and other work within the
public right-of-way shall be ordered by and paid for by City. Sewer and utility trench tests
shall be taken in varying locations and depths as required by the City Engineer.
Compaction tests failin4 to meet City's requirements shall be recorded by City from the
same testing laboratory. Billing for the required retests shall be made directly to the
Subdivider or his agent for payment. Compaction test for water facilities installed by City
shall be paid for by City.
11. Subdivider shall comply with the provisions of the prevailing Building,
Plumbing, Mechanical, Electrical and Zoning Codes and any other Codes of the City.
12. 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
Parcel Map Agreement No. 2002-18
Page 7
the determination of liability if one operation delays another. In no case shall
representatives of the City 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.
13. Whenever the Subdivider varies the period during which work is carried on
each day, he shall give due notice to the City Engineer so that proper inspection may be
provided. Any work done in the absence of the City Engineer will be subject to rejection.
The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill
the Agreement as prescribed. Defective work shall be made good and unsuitable materials
may be rejected, notwithstanding the fact that such defective work and unsuitable materials
have been previously overlooked by the City Engineer and accepted.
14. Any damage to the sewer system,concrete work,or street paving that occurs
after installation shall be made good to the satisfaction of the City Engineer by the
Subdivider before bonds are released or final acceptance of the work and improvements.
15. 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 until the paving of the streets are
completed. "Adequate dust control' as used herein shall mean the sprinkling of the
streets with water or the laying of a dust coat of oil thereon with sufficient frequency to
prevent the scattering of dust by wind or the activity of vehicles and equipment onto any
street area or private property adjacent to the subdivision. Whenever in the opinion of the
Parcel Map Agreement No. 2002-18
Page 8
City Engineer adequate dust control is not being maintained on any street or streets as
required by this paragraph, the City Engineer shall give notice to the Subdivider to comply
with the provisions of this paragraph forthwith. Such notice may be personally served upon
the Subdivider or, if the Subdivider is not an individual, upon any person who has signed
this agreement on behalf of the Subdivider or, at the election of the City Engineer, such
notice may be mailed to the Subdivider at his address on file with the City Engineer. If
within 24 hours after such personal service of such notice or within 48 hours after the
mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control orshall at any time thereafter fail to maintain adequate dust control,
the City Engineer may, without further notice of any kind, cause any such street or streets
to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by
equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire
cost to City of such sprinkling or oiling. When the surfacing on any existing street is
disturbed, this surfacing shall be replaced with temporary or permanent surfacing within
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.
16. The Subdivider shall install all street improvements in accordance with
Section 12-1206 of the Municipal Code of the City of Fresno, the City of Fresno Standard
Specifications, and the approved construction plans.
Parcel Map Agreement No. 2002-18
Page 9
17. Concrete curbs and gutters, the sanitary sewer system and house
connections, together with water mains, gas mains, and their respective service
connections, shall be completed in the streets and alleys before starting the street and
alley surfacing.
18. Time is of the essence of this Agreement. The provisions contained in this
Agreement are intended by the parties to run with the land, and the same shall bind and
inure to the benefit of the parties hereto, their heirs, successors in interest, and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent
of the City.
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Parcel Map Agreement No. 2002-18
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation ROGER E.PETERSEN AND ROXIE PETERSEN
Husband and Wife as community property
By %�",
XjV , Director
Public Works Department By:
Rogec,ePetersen
APPROVED AS TO FORM: Eq
-�
HILDA CANTO MONTOY Roxie Petersen
City Attorney
By (Attach Notary Acknowledgments)
Deputy
Subdivider's Mailing Address:
6750 East Nees Avenue
Clovis, CA 93612
City of Fresno Mailing Address:
Public Works Director
Public Works Department
2600 Fresno Street.
Fresno, CA 93721-3615
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 9 , 20 03 before me, Elvia Sommerville personally
appeared mark I. Williamson. Assist. Public: works n;rPr-tclr personally
known to me (or provided to me on the basis of satisfactory evidence)to be the person whose
name is subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity, and that by his/her/their signature on the
instrument the person, or the entity upon behalf of the CITY OF FRESNO of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
ByJ
DEPUTY
PM 2002-18 Agreement v3/3/2000
by: March 19,2003
Final Parcel Map No. 2002 - 18
P.W. File No. 5494-2002-18
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on as Document/Instrument No. in
the office of the Fresno County Recorder of which the Deed of Trust in, by and between
TRUSTOR: , and
TRUSTEE: and
BENEFICIARY: ,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Parcel Map Agreement for Parcel Map No. 2002-18.
DATED: , 200
BENEFICIARY
By:
By:
(Beneficiary to Type Names, Titles&Attach Notary Acknowledgments)
EXHIBIT A Parcel Map Agreement No. 2002-18
A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS
ESTIMATED ESTIMATED
DESCRIPTION QUANTITY UNIT UNIT COST UNIT EXTENSION
Street Lights(Type E-1) F-- 7 Each $3 500.00 /Each $24,500.00
Street Lights(Type E-2) 0 Each $2,500.00 /Each $0.00
Sewer Housebranch 3 Each $1,000.00 /Each $3,000.00
Sewer Main Extension (**") 0 Lin Ft $0.00 /Lin Ft $0.00
Wheelchair Ramp/Return 0 Lin Ft $1,200.00 /Lin Ft $0.00
Concrete Curb& Gutter 0 1 Lin Ft $11.00 /Lin Ft $0.00
Concrete Sidewalk/Approach0 Sq Ft $0.00 /Sq Ft $0.00
Permanent Pavement 0 Sq Ft $0.00 /Sq Ft $0.00
SUB-TOTAL27,500.00
10%CONTINGENCY* 3 000.00
FINAL COST ESTIMATE* $31 000.00
*Amounts rounded to nearest$1000
The work and improvements, quantities and costs are estimates. The actual extent of the work and
improvements shall be established by the construction plans approved by the City Engineer.
B. IMPROVEMENT SECURITY REQUIREMENTS(due with parcel map agreement)
**Amounts rounded to nearest$100
Performance Security (100%of Final Cost Estimate)**
95%of amount shall be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $29,500
5%of amount shall be in cash or a Certificate of Deposit $1,600
Payment Security (50%of Final Cost Estimate)**
100%of amount shall be in the form of a bond by duly authorized
corporate sureties or irrevocable letter of credit $15,5
C. WARRANTY SECURITY(due as condition of acceptance of the work)**
5%of first$50,000 of the Final Cost Estimate $1,600
3%of next$50,000 $0
1%of next$400,000 $0
0.5%of amount over$500,000 $0
Minimum Amount $1,600
FORM PM Agreement EXHIBIT A v3-3-00 By:Louis Rocha Date: FMarch 19,2003 Printed 03/19/03 11:38:09 AM Page 1 of 1
EXHIBIT B Parcel Map Agreement No. 2002-18
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
OCommercial(I5-gallon)Street Trees @ 5129.00 per Tree na na (Al)
(A1) Street Tree fees will be payable at the time of development of each
parcel unless otherwise determined by the Park Division.
2. STREET RIGHTS OF WAY ACQUISITIOWCONSTRUCTION CHARGE per FMC 11-226M(6
Lum Sum Charge as established by Public Works Director na na
3. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet (d 55.00 per LF na na
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
6.8301 Gross Acres
5.1800 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
30 LUE(non-residential)
R-P Zoning
m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CX FMFCD Drainage Area
0.9790 Acres per FMFCD(Street Right-of-Way) @ 56 910 per Acre E6 765.00
Local Drainage Fee $6,765.001(131)
(81)All or portion of fee obligation satisfied pursuant to FMFCD agreement
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: Cedar A D.X98 SF
Frontage: ITeague 1 58,300 1 SF
Total Square Feet ®SF
58 300 SF; sub-total Lateral Sewer Charge @ 0.10 per SF. S5 830.00
Less estimated Lateral Sewer Charge Credits 50.00
Lateral Sewer Charge 1 $5,830.001 $0.00 5 830.00
(b Overstnm Sewer Charge
3 UGM Reimbursement Area
Frontage: Cedar 72 000 SF
Frontage: Temue 52 500 SF
Total Square Feet ®SF
124 500 SF;subtotal Oversize Sewer Charge @ 50.05 per SF 56 225.00
Less estimated Oversize Credits 50.00
Less estimated Overdepth Credits 0.00
Oversize Sewer Charge 1 $6.225.K] 50.00 56 225.00
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
This Project 1s to be enrolled In S.T.EP.
(d)Wastewater Facilities Charge
This Project 1s to be enrolled In S.T.EP.
(e S)_ ewer Capacity Enhancement Charge
Tru
rre Trunk Sewer Service Area
0 Units @ 50.00 per Unit $0.00
FORM PM Aprewnent EXHIBIT 8 v313M By. Date: Prided 03!11/03 244:18 PM Pepe 1 of 3
EXHIBIT B Parcel Map Agreement No. 2002-18
NETAMOUNT AMOUNT
EXTENSION ¢UE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie's
Estimated Deposit(FMC 14-111-f) $0.00 $0.00
(b1)Service Connection Charges
Services and Meters to be Paid and Installed w/Building Permits.
(c)Frontage Charge
Frontage: Cedar --� 7001 LF
Frontage: ITeague 507 1 LF
Sub-Total Lineal Feet(full rate) 1 207 LF
1 207 LF; sub-total Frontage Charge(full rate) @ 56.50 per LF 57 845.50
Sub-Total Frontage Charge s7 845.50
t
Less estimated f=rontage Charge Credits 60.00
Frontage Charge $7.845,501 $0.00 57 845.50
(d)F
firejobtanimt Charge
0 SF;non-residential zoning @ $1.25 per 100 SF Paid AD#141 Paid AD#141
(e Transmission Grid Main Charge
A UGM Reimbursement Area
6.8301 Gross Acres @ 5560.00 per Gr Acre 53 824.86
Less EstimatedTGM Construction Credits 50.00
Transmission Grid Main Charge 1 $3, $0.00 $3,824,861
( Transmission Grid Main Bond Debt Service Charge
6.8301 Gross Acres @ 5243.00 per Gr Acre 51 659.71
Less EstimatedTGM Bond Debt Service Charge Credits 50.00
Transmission Grid Main Bond Debt Service Charge ®9 s0.00 51 659.71
( UGM Water Supply Fee
1018 ISupply Well Servioe Area
30 1 living Unit Equivalents(non-residential) @ 97.00 per LUE 11 910.00
Less Estimated UGM Water Supply Fee Constriction Credits 0.00
UGM Water Supply Fee $11.1nm, $11.910.0-01
(h)Well Head Treatment Fee
30 Living Unit Equivalents(non-residentiaq @ so.00 per LUE 60.00
Less Estimated Well Head Treatment Fee Construction Credits 60.00
Well Head Treatment Fee 1 0.00 $0.00
(i)Recharge Fee
30 Living Unit Equivalents(non-residential) @®per LUE 0.00
Less Estimated Recharge Fee Construction Credits 0.00
Recharge Fee 1 $0001 s0.00
(J 1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
30 1 Living Unit Equivalents(rwntesidential) @ 5895.00 per LUE s26 850.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 0.00
1994 Bond Debt Service Fee 1 $26,850.001 1 $0.K] $2 8850.00
FORM PM Apremnot EXHIBIT 8 v3rN00 By. Date: Printed 03111103 2:44:18 PM Pape 2 d 3
EXHIBIT B Parcel Map Agreement No. 2002-18
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
13 Fire Station Service Area
8.8301 Gross Acres ® 5654.00 per Gr Acre 34 466.891 $0.00 $4,466.E9]
(b UGBORHOOD PARK FEE
11 Neighborhood Park Service Area
6.8301 Gross Acres @ 5551.00 per Gr Acre S3 763.39 $0.00 $3 763.39
(c)UGM MAJOR STREET CHARGE
E-1 Major Street Zone
5.1800 Adjusted Gross Acres @ S1 680.00 per AG Ac S8 702.40
Less Estimated Major Street Charge Construction Credits 50.00
Major Street Charge L $a,702.40 $0. 1 S8 702.40
(d)UGM MAJO STREET BRIDGE CHARGE
E-1 Major Street Bridge Zone
5.1800 Adjusted Gross Acres @ 5175.00 per AG Ac 5906.50
Less Estimated Major Street Bridge Charge Constriction Credits 50.00
Major Street Bridge Charge I $90M. I 50.00 $908.50
(e UGM TRAFFIC SIGNAL CHARGE
5.1800 Adjusted Gross Acres @ 5860.00 per AG Ac 34 454.80
Less Estimated Traffic Signal Charge Construction Credits(AD#141) E4 454.80
Traffic Signal Charge 1 $0.001 1. Paid AD#141
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
5.1800 Adjusted Gross Acres @ 50.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits 50.00
Grade Separation Charge I 13m, I 50.00 30.00
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
5.1800 Adjusted Gross Acres @ 50.00 per AG Ac
Less Trunk Sewer Fee Credits 50.00
Tank Sewer Fee 50.00 $0.00 30.00
(h OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
5.1800 lAdjusted Gross Acres @ 50.00 per AG Ac na 50.00 30.00
Total Impact Fees&Charges $88,749.25 $18,675.00 70 074.25
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $0.00
TOTAL(B) IMPACT FEES&CHARGES I s18 675.00 870 074.25
TOTAL FEES and CHARGES DUE WITH PARCEL MAP AGREEMENT cash $18.675.00
FORM PM Agreement EXHIBIT 8 v3r3100 By. Date: Ported 03111!03 2:44:18 PM Page 3 of 3
Parcel Map 2002-18
P.W. File No. 5494-2002-18
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on , in the office of the Fresno County Recorder in
Book Page Document No. of which the Deed of Trust in by
and between as Trustor, ,
as Trustee, and , as Beneficiary, hereby expressly subordinates said
Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants for Certain
Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and
Development Fees and Creation of Lien for Parcel Map No. 2002-18.
DATED: ' 19—
By:19By:
By:
(Attach Notary Acknowledgment)
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On March 25,2003 before me, the undersigned
DATE NAME,TITLE OF OFFICER"
personally appeared Roger E. Petersen and Roxie Petersen
NAME(S)OFSIGNER(S)
El Personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledge to me that
he/she/they executed the same in his/her/their authorized
apacity(ies), and that by his/her/their signature(s) on the
DONNA BROWN instrument the person(s), or the entity upon behalf o
COMM. #1240842 cc vhich the person(s) acted, executed the instrument.
NOTARY P+JrL.0•CALIFORNIA .`-
FRESNO COUNTY
MY Comm.Expires Nov.19,2003 TNESS my hand and of ficial seal
SIGNATURE OF NOTARY
Donna Brown
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
a
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
8705528480
Time Account
Receipt/Disclosure
N-7—name
Wells Faro Bank N.A.
Time Account num9w Date opened Term of Time Account
8705528480 03/31/2003 12 months days
atu ty date Interest rate Rxed rate Variable rete Annual percentage yield
Your Time Account will mature on 03/31/2004 1.14 X 1.15
Interest will be paid
EVERY 01 MONTHS AND AT WITHDRAWAL
The method of interest payment will be
BY ADDING TO PRINCIPAL
Renewabirity Taxpayer Identr kation Numbw IN)
YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT 569448459
AT MATURITY UNLESS I NOTIFY YOU OTHERWISE.
The Bank Is opening the above described Time Account for your deposit of
ONE THOUSAND SIX HUNDRED AND 0/100 $ 1,600.00
our name and address
ROGER PETERSEN FBO CITY OF FRESNO
6750 E NEES AVE -
CLOVIS CA 93611-8160
03/31/2003 16:55
C0710 04090 Bank# 00114
This Is a receipt. It need not be presented at the time you obtain payment from the Bank
Telephone Number
For any question concerning this assignment
transaction, please call upon the office of
the appropriate officer shown herein.
PAYMENTF .FUNDS ANS RELEA$E..QF ASSIGNMENT
The City of Fresno hereby requests payment to be made to the City of Fresno in the
amount of $ from withdrawal of funds in that amount from the Deposit
Account identified in the above Assignment. Upon payment of such
amount to the City, the City authorizes to release to Assignor all funds in the Deposit
Account in excess of $ and relinquishes all further right, title and interest of
whatever nature in the Deposit Account.
Dated , 20
By
Authorized Officer or Employee
aiw:bjw
Assignment Form.wpd (Updated 07/30/01)
MjR-25-03 06 :51 .4m ht14atk t . rL - t-raatn .nom
Bond Number: ?n�4
Premium: 738.00
FAITHFUL PERFORMANCE BOND
(Parcel Map Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
__._. R_ oger E and Roxie L Petersen (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
March 28 2003 , and
identified as project Parcel Map Agreement No. 2002-18
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Insurance Company of the West as
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of twenty-'nine thousand five hundred and no/100
dollars ($ 29A.500.00 ) lawful money of the United States, for the payment
of which sum well and truly be made,we bind ourselves,our heirs,successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or it's
heirs, executors, administrators.successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein providod, on his or their part, to be
kept and performed at the time and in the mannor thorcin specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null end void, otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor. there shell be included costs and reasonable oxponses and feos, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anyway affect its obligations on this bond. and
it does hereby waive notice of any such change, extension of time, alteration or addition to
the lesms of the agreement or to the work or to the specifications.
MAR-25-200.3 07:50 559 299 5951 P.02
Faithful Performance Bond
(Parcel Map Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on__ March-28-__ , 2003 _
Insurance Company of the West
SY.-Mike K1e r
V-L�
Principal
Address of Surety Roger F and Roxie L Petersen
191 W Shaw Ave 4109 By: �7 y
eterse
Fresno, CA 93704 (,=
noxi Pete
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form Parcel Map.wpd
Revised 05/14/2001
MAR-25-2003 0750 559 299 5951 P.03
.CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Stene of rn 1 i forna
County of Fresno
On March 28, 2003 before me, James A. Ki n t e r
DATE NAME.TITLE OF OFFICER-E.G..-JANE DOE.NOTARY PUBLIC-
personally appeared Mike Klepper
NAMES)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITN S hand a ficial seal.
SIGNATURE OF NOTARY
OPTIONA
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR E%gM(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ICW GP 416
• No. 0000088
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
XNOW ALL ASN BY THESE PRESENTS: That Entrance Company of the West,a Corporation duly organized under the•laws of the State of California,
Explorer Insurance Company.a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint
JIM K INTER AND AMM KLEPPER
their true and lawful Attomey(s)-m-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
aM other similar contracts of suretyship,and any related documents.
IN WM4ESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
INSURANCE COMPANY OF THE WEST
opaatwW` o��,pw0`rr o� �' ` EXPLORER INSURANCE COMPANY
s SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY
rttat.� ul u
,Itetutta► �'y1 *'� if
John H.Craig,Assistant Secretary John L.Hannumt,Executive Vice President
State of California
County of San Diego 8S•
On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally(mown to me to be
the persona whose names are subscribed to the within instrument,and acknowledged to me that they executed the same is their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
NOR PORTER
r COMIC-41.25?640 1
ttotaaY Fueuc-catFoaraa
MARCH f H,
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,saW and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Exeartive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Aitomay(a)-in-Fact to date,execute,sign,
said,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers mak-in g the appointment,and the signature of any officer oertd*g the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and awl of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the name
force and effect as if manually of recd. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
1Pym8•"
CERTIFICATE
I,the undersigned,Assistant Secretary of Inarance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is is full force and effect,and las not beer revolted,and that the above resolutions were drily adopted by the
respective Boards of Directors of the Compania,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 28th day of March 2003
John FL Qw&Assistattt Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-888-1111 and ask for the Suety Division. Please refer to the Power of Attorney Number,
the above named individual(,)and details of the bond to which the power is attached