HomeMy WebLinkAboutPM 2004-31 - Agreement/Covenant - 2/1/2007 M When Ratorded Mail To:
City Clerk
City of Fresno
0 2600 Fresno Street
Fresno, CA 93721-3603
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C 01/26/2007.20070016470
p NO FEE-GOVERNMENT CODE 6103
and 27383
City of Fresno
Public Works Department
P.W. File No. 5494-2004-31
SUBDIVISION AGREEMENT
FINAL PARCEL MAP NO. 2004-31
SubdiviAn Agreement
Parcel Map No. 2004-31
Page 2
THIS AGREEMENT is made this 5 day of January, 2007, by and between the City of
Fresno, a Municipal Corporation, hereinafter referred to as "City," and, Steven S. Black, a Single
man as his sole and separate property, 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 D, inclusive, of Parcel Map No. 2004-31 as
recorded in Book Col of Parcel Maps at Page(s) ,
Fresno County Records.
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 Vesting Tentative Parcel
Map No. 2004-31 dated November 15, 2004 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.
Subdivision Agreement
Parcel Map No. 2004-31
Page 3
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 Subdivider shall 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 one (1)
year of the date of this agreement, 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 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 2002 Edition of the City of Fresno Standard Specifications
and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361) and any
amendments thereto, hereinafter referred to as the `Public Works Standards," 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 Public Works Standards 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:
Subdivision Agreement
Parcel Map No. 2004-31
Page 4
a. 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.
The Subdivider shall construct a complete underground street light system as approved
by the City 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 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. Set all landmarks, monuments and lot corners required to locate land
divisions shown on the Parcel Map.
f. 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.
Subdivision Agreement
Parcel Map No. 2004-31
Page 5
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 pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of
Parcel Map approval. The total fees and charges are more particularly itemized in 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
Subdivision Agreement
Parcel Map No. 2004-31
Page 6
of persons and property damage, and all claims demands, costs, loss, damage, and liability,
howsoever same may be caused, resulting directly or indirectly from the performance of any or
all work 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
failing 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 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.
Subdivision Agreement
Parcel Map No. 2004-31
Page 7
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 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
Subdivision Agreement
Parcel Map No. 2004-31
Page 8
the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the
City Engineer may, without further notice of any kind, cause any such street or streets to be
sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust, by equipment
and personnel of City or by contract as the City Engineer shall determine, and the Subdivider
agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to City of such
sprinkling or 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 Public Works Standards, and the
approved construction plans.
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.
20. In the event that the actual cost or Final Cost Estimated is in excess of$1,000,
all of the work and improvements and materials in the planning, design, pre-construction and
construction phases of the work and improvements, and any maintenance of such
Subdivision Agreement
Parcel Map No. 2004-31
Page 9
improvements, constitutes a "public work" as defined in Chapter 1, Part 7, Division 2 of the
California Labor Code to which Section 1771 thereof applies, and Subdivider shall cause the
work to be performed as a "public work" in accordance with such Chapter of the California
Labor Code; and (ii) Subdivider shall fulfill all its duties, if any, under the Civil Code or any other
provision of law pertaining to the maintenance of bonds to secure payment of contractors,
including the payment of wages to workers performing the work.
Subdivision Agreement
Parcel Map No. 2004-31
Page 10
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
Steven S. Black, a single man as his sole and
JON R. RUIZ, Interim Director separate property
Public Works Department
By: Lo By:
Michael T. Kinn, Assistant Director Steven S. Black
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
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Deputy
City of Fresno Mailing Address: Subdivider's Mailing Address:
Public Works Director
Public Works Department C/O California Funding
2600 Fresno street. 720 East Bullard Avenue
Fresno,CA 93721-3615 Fresno, CA 93720
(Attach Notary Acknowledgments)
. ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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EXHIBIT A Subdivision Agreement for Parcel Map 2004-31
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $72,080
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $6,000
Street& Storm Drain Construction Cost Estimate $115,701
Final Cost Estimate (for Inspection Fee purposes) $193,78111
16 Landmarks, Monuments, Lot& Block Corners ($50/ea) $800
Sub-Total (for bonding purposes) $194,581
Construction Contingency(10%) $19,458
TOTAL COST ESTIMATE*
(for improvement securities purposes) $214,039 $214,000
*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 $203,000
5% of amount shall be in cash or a Certificate of Deposit $11,000
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 $107,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $1,000
0.5%of amount over$500,000 $0
Minimum amount $6,000
EXHIBIT A v4/28/00 Prepared By: Frank &Louis R. Date: 09/19/06 Print Date:09/19/06 10:56:49 AM Pagel of 2P
EXZ-ZZBZT "A"
SUDIVISION AGREEMENT FOR PARCEL MAP NO. 2004-31
DALE G. MELL & ASSOCIATES
ENGINEERING & SURVEYING SERVICES
2090 NORTH WINERY AVENUE • FRESNO,CALIFORNIA 93703 • PH(559)292-4046 • FAX(559)251-9220
ENGINEER'S ESTIMATE
Parcel Map No. 2004-31
UTILITIES:
Water main(8") C900 746L.F. @ $30L.F. $22,380
Water main(12") C900 446 L.F. @ $50/L.F. $22,300
Water Valves(12") 1 @ $1000/each $ 1 ,000
Water main connections 2 @ $3,400/each-by city forces $ 6,800
to main in Avenue
Fire Hydrants Assembly 2 @ $3,500/each $ 7,000
Cross (12"x12"x8") 1 @ $900/each $ 900
Gate valves(8") 2 @ $850/each $ 1700
11/2 "Water Service 4 @ $2,500/each $10,000
4" House Branch Service 2 @ $3,000/each $ 6,000
TOTAL $78,080
STREET:
Curb & Gutter 300 L.F. @ $15/L.F. $ 2,400
AC trench patch 892 sf @$3/sf $ 2,676
Valley gutter 1@ $3,000 each $ 3,000
Concrete Walk 1175 sq. ft.@ $4/sf $ 4,700
Street Lights 2 @ $6,000/each $12,000
Grading L.S $6,000 $ 6,000
Pavement Swift 3,500 sq ft @ $2.25/sq ft $ 7,875
Pavement Maroa 16,000 sq ft @ $3/sq ft $48,000
Drive Approach 3 @ $3,000/each $ 9,000
Drive Approach 1 @ $1,000/each $ 1,000
Landscape 5850 sq ft @$3/sq ft $17,550
Handicap Ramp 2 @ $750/each $ 1,500
TOTAL $ 115,701
GRAND TOTAL $193,781
04-017 PAGE 2 of 2
9/8/06
EXHIBIT B Parcel Map Agreement No. 2004-31
NET AMOUNT
EXTENSION DUE
A. MISCELLANEOUS FEES&CHARGES
1. STREET TREES
0 Residential(5-gallon)Street Trees @ $30.00 per Tree na nal(Al)
(Al) Street Tree inspection fees will be
payable at the time of development of each
parcel unless otherwise determined by
Public Works.
2. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na nal
3. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal Feet @ $5.00 per LF na nal
4. MONUMENT CHEot&FEE
Outl is @ $30.00 per Lot $200.00
$0.00
(Min$200)
5. INSPECTION FEE
$183,405 Final Cost Estimate>$10K<$500K $10,471.66
($4836+3.25%of amount over$1 OK)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $0.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $10,471.66 $10,471.66
B. IMPACT FEES,CONSTRUCTION CREDITS& FEES TO BE DEFERRED
3.0706 Gross Acres
2.3523 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
4 Units(residential)
R-1-13; Zoning
no Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
____DDI FM FCD Drainage Area
1.1661 Acres per FMFCD @ $3 620 per Acre
Local Drainage Fee I so-0011 1 $0.00 (B1)
(B1)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
Sewer Lateral 8 Oversize Charges previously paid through County District 133
(a)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
3. WATER CONNECTION CHARGES
Water Connection Charges collected for existing development. Remainder to be collected at Building Permit.
(a)Frontage Charge
0 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
FORM PM Agreement EXHIBIT B v8/14/03 By:Frank Date: Printed 09/26/06 1:09:36 PM Page 1 of 2
EXHIBIT B Parcel Map Agreement No. 2004-31
NET AMOUNT
EXTENSION DUE
(b)Transmission Grid Main Charge
1.4815 Gross Acres @ $643.00 per Gr Acre $952.60
Less EstimatedTGM Construction Credits
Transmission Grid Main Charge $952.60 $952.60
(c)Transmission Grid Main Bond Debt Service Charge
1.4815 Gross Acres @ $243.00 per Gr Acre $360.00
Less EstimatedTGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $360.00 $360.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
Not in Urban Growth Management(UGM)Service Area
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a)FIRE IMPACT FEE
4 Living Units(residential) @ $539.00 per Unit $2,156.00
Fire Impact Fee $2,156.001"
(b PARK FACILITY IMPACT FEE
4 Living Units(residential) @ $3,398.00 per Unit $13,592.00
Park Facility Impact Fee $13,59 .
(d)POLICE FACILITIES IMPACT FEE
4 Living Units(residential) @ $624.00 per Unit $2,496.00
Police Facilities Impact Fee ®"
(e TRAFFIC SIGNAL CHARGE
4 Living Units(residential) @ $414.69 per Unit $1,658.76
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $1,658.761.. 1 $0.00
(84) To be paid at time of development
"Subject to vesting tentative map date,fee may not be applicable until
2-years after date of Final Map recordation;when applicable,fee is due at
Building Permit for all un-developed lots at the fee rate then in effect.
Total Impact Fees&Charges $21,215.37 $1,312.61
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $10,471.66
TOTAL(B) IMPACT FEES&CHARGES $1,312.61
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $11,784.27
FORM PM Agreement EXHIBIT B v8/14/03 By:Frank Date: Printed 09/26/06 1:09:36 PM Page 2 of 2
w•
Final Parcel Map No. 2004-31
P. W. No. 5494 - 2004-31
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 26, 2005 , in the office of the Fresno County Recorder as
Document No. 2005-0200186 of which the Deed of Trust in, by and between:
Steven S. Black as Trustor,
Financial Title Company as Trustee,
and Mortgage Electronic Registration Systems, Inc. as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement for Parcel Map No. 2004-31.
DATED: December 05 , 2006-
BENEFICIARY
Mortgage Electronic Registration
Systems, Inc.
Terri Stallings, Vice Presi ent
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF VENTURA )
On DECEMBER 65 , 2006, before me, MANJIT KAUR GHATAURA, Notary
Public, personally appeared TERRI STALLINGS, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
MM X KAW aKMAMUA
_ ConwrA on 0143M
Way Puble—CONO W
Vsf*M 00u*
MANJIT MAUR GHATAURA
Notary Public - Commission No. 1430768
Commission Expires: July 15, 2007
TYPE OF DOCUMENT: SUBORDINATION
DOCUMENT DATE: DECEMBER 05 , 2006
Final Parcel Map No. 2004-31
P. W. No. 5494 - 2004-31
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on August 26, 2005 , in the office of the Fresno County Recorder as
Document No. 2005-0200187 of which the Deed of Trust in, by and between:
Steven S. Black as Trustor,
Financial Title Company , as Trustee,
and Mortgage Electronic Registration Systems, Inc. as Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing
Subdivision Agreement for Parcel Map No. 2004-31.
DATED: December 05 2006
BENEFICIARY
Mortgage Electronic Registration
Systems, Inc.
Terri Stallings, Vice President
(Beneficiary to print/type Name and Title;
and attach Notary Acknowledgment)
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF VENTURA )
On DECEMBER 05 , 2006, before me, MANJIT KAUR GHATAURA, Notary
Public, personally appeared TERRI STALLINGS, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. MAKV -4A
n 1Com.ftft,k9la
Musa
MANJI UR GHATAURA
Notary Public - Commission No. 1430768
Commission Expires: July 15, 2007
TYPE OF DOCUMENT: SUBORDINATION
DOCUMENT DATE: DECEMBER d,;- , 2006
MA f LAW 6HAMURA
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Notary PWAC—C�OpMO
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO)
On January 9, 2007, before me, Elvia Sommerville, Deputy City Clerk, City of Fresno,
personally appeared, Michael T. Kim, Assistant Public Works Director, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK, CMC
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By .w�-vv�eic�Ti
Deputy-