HomeMy WebLinkAboutT-4598 - Agreement/Covenant - 9/29/2005 (4) Recording Requested by:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, Ca 93721-3603
09/29/2005,20050229998
No Fee-Govt. Code 6103
City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
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p P.W. File No. 10545
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SUBDIVISION AGREEMENT FOR TRACT NO. 4598, PHASE I OF
VESTING TENTATIVE MAP NO. 4598, Including ADDENDUM FOR
RIGHT-OF-WAY ACQUISITION
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Subdivision Agreement
Tract No. 4598
Page 2
THIS AGREEMENT is made this dayof f Lkvt s- 2005,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and LAFFERTY GDCI FRESNO L.P., a Delaware Limited Partnership, 3180 Crow,
r; Canyon Place, Suite 255, San Ramon, California 94583, hereinafter designated and called the
"Subdivider," without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City ,a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 4598 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires, as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use, and
also requires that any and all streets delineated and shown on the Final Map shall be improved by
the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required pursuant to the Conditions of Approval for Vesting Tentative Map
No. 4598/UGM 519 dated July 21, 1993 issued by the City and any amendments thereto
(hereinafter referred to as "Conditions of Approval" and incorporated into this agreement by this
Subdivision Agreement
Tract No. 4598
Page 3
reference), hereinafter set forth in detail, within the time hereinafter mentioned, in consideration of
the acceptance of the offers of dedication by the City of Fresno.
D. The Subdivider desires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
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instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do hereby
mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be.performed hereinafter specified on or
before one (1) year of the date of this agreement, except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2) years of the date of this
agreement.
C. The Street Trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks; Recreation and Community
Services Department - Parks Division of the planting schedules. All species of
Street Trees to be planted in the subdivision shall be as approved by the Parks
Division. The responsibility to provide and plant, or to inspect the required Street
Tree planting, shall be in accordance with the Street Trees fees paid in EXHIBIT
"B," attached hereto and made a part of this Agreement and/or the "Statement of
Covenants Affecting Land Development to Plant and Maintain Front Yard Trees for
Tract No. 4598," per Resolution No. 98-129 requirements for 50 and 54-foot local
street patterns.
d. The Issuance of building permits for any structure within the subdivision shall
conform to the requirements of the prevailing Uniform Fire Code (UFC). The
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Subdivision Agreement
Tract No. 4598
Page 4
Subdivider's attention is particularly called to Part III,Article 9 of UFC relating to Fire
Department access and water supply. No building permit shall be issued until all
Fire Department access and fire fighting water supply requirements have been met.
No occupancy permit shall be issued until all Fire Department requirements for
occupancy have been met. The issuance of any occupancy permits by the City for
dwellings located within said subdivision shall not be construed in any manner to
constitute an acceptance and approval of any or all of the streets and improvements
in the subdivision.
e.i. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is.determined to exist by the Public
Utilities Director.
e.ii. A "hold on occupancy" will be placed on each lot until such time as
the Subdivider provides a standard city well site at a location with
water production capabilities acceptable to the Public Utilities
Department - Water Systems Manager.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion may be
extended for a period justified by the effect of such delay on the completion of the
work. The Subdivider shall file a written request for a time extension with the
Director of Public Works prior to the above noted date,who shall ascertain the facts
and determine the extent of justifiable delays, if any. Extension of time for
completion of improvements(including street trees planting)may be granted by the
Public Works Director with an extension fee from the current Master Fee Schedule
based upon the initial estimated total improvement cost. The Director of Public
Works shall give the Subdivider written notice of his determination in writing, which
shall be final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
2002 Edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
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Subdivision Agreement
Tract No. 4598
Page 5
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot corners required to locate land
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divisions shown on the Final Map.
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Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street light
system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance with
applicable provisions of Chapter 9,Article 5 of the Fresno Municipal Code and all applicable
charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with Public Works Standards within seven (7) days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to serve
this tract shall be fenced in accordance with Public Works Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
Subdivision Agreement
Tract No. 4598
Page 6
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
w` system, in accordance with the approved improvement plans(i.e.,Landscape and Irrigation
i Plans, Grading Plans), within the landscape easement area required in_the Conditions of
Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing to
annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser,a Notice
of Special Tax in accordance with the provisions of Section 53341.5 of the California
Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
The Subdivider has elected to satisfy Subdivider's maintenance obligation of such
improvements by annexing the Subdivision into CFD-2 and shall maintain such
improvements until such time as the City Engineer determines that CFD-2 is responsible
for such maintenance thereafter. Additionally Subdivider shall provide each prospective
purchaser, a "Notice of Special Tax" in accordance with the provisions of Section 53341.5
of the California Government Code and the Statement of Covenants Affecting Land
Development for the Maintenance of Landscaping and Irrigation System, and Open Space,
for Tract No.4598, Phase 1 of Vesting Tentative Map No.4598 recorded as Document No.
on � frrrib�r 2O0S'Fresno County Records and
incorporated into this agreement by this reference.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto
i. City Drawing Nos: [10-C-8392 through 10C-8404 with Water Job
No. 4922 (13 sheets) inclusive, 15-C-11218 through 15-C-11228 (11 sheets)
inclusive, Drawing No. 4-C-733 (1 sheets) inclusive], unless specifically omitted
herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: BM-11-1
through BM-11-3 (3 sheet) inclusive, unless specifically omitted herein.
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Subdivision Agreement
Tract No. 4598
Page 7
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Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to the
City and /or execute a covenant to defer certain impact fees due which are eligible to be
deferred by relevant FMC provisions,the total fees and charges due as a condition of Final
Map approval. The total fees and charges are more particularly itemized and made a part
of this agreement in the attached Exhibit "B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
M. ADDENDUM TO SUBDIVISION AGREEMENT. Subdivider has attempted
but is unable to acquire and dedicate to the City all easements required for street purposes
related to this agreement prior to final map approval. Pursuant to Section 12-1011(b)(6)
of the Fresno Municipal Code, Subdivider requests that City acquire the necessary
easement or dedication through negotiation or the lawful exercise of the City's power of
Eminent Domain. Subdivider agrees to observe all the terms and conditions of the
Addendum to Subdivision Agreement (Right-of-Way Acquisition) ("Addendum") attached
to this Agreement and incorporated herein by this reference. Subdivider shall deposit with
the City the sums in a form required by the Public Works Director pursuant to the
Addendum.
Such sums shall be security to pay the City the initial cost to acquire the necessary
easement, but not limited to: just compensation and damages for the interests acquired,
City legal and non-legal staff time as needed to attempt a negotiated purchase, appraisal
fees, court costs and the related expenditures mentioned in the Addendum to acquire the
easement through the lawful exercise of the City's power of Eminent Domain. If deposited
funds are less than the actual cost to acquire all necessary right-of-way, the Subdivider
shall remit to the City such additional sums as may be required from time to time to
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Subdivision Agreement
Tract No. 4598
Page 8
prosecute the matter to the conclusion, such further payment to be made within ten (10)
days of the mailing to the Subdivider of a notice requesting such additional cost. If
deposited sums exceed the actual cost to acquire the subject right-of-way, then at the
conclusion of acquisition proceeding City shall refund the difference as soon as the City
F determines the amount of such excess.
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4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted and
made a part of this Agreement. In case there are not any Public Works Standards for any of said
work, it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the satisfaction
of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95% of the final Cost Estimate shall be in the form of-a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b.. PAYMENT SECURITY. ,Total amount to equal to 50% of the Final Cost
Estimated 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
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Subdivision Agreement
Tract No. 4598
Page 9
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
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6. On acceptance of the required work by the City Engineer, a warranty security shall
be furnished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one (1) year following acceptance against any'
defective work or labor done or defective materials furnished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights to
the Subdivider to trespass upon land rightfully in the possession of,or owned by, another, whether
such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in,on or about the subdivision of said land covered by this Agreement,
or any part thereof. The Subdivider hereby releases and agrees to,indemnify, defend, and save
the City harmless from and against any and all injuries to and deaths of persons, and all claims,
demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or
indirectly from the performance of any or all work to be done in and upon the street rights-of-way
.in said subdivision and upon the premises adjacent thereto pursuant to this Agreement, and also
from all injuries to and deaths of persons, .and all claims, demands, costs, loss, damage and
liability, howsoever same may be caused, either directly or indirectly made or suffered by the
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Subdivision Agreement
Tract No. 4598
Page 10
Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the
performance of said work. The Subdivider further agrees that the use for any purpose and by any
person of any and all of the streets and improvements hereinbefore specified, shall be at the sole
and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the
completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in, upon,for, or about the performance of the work contracted to be done, and
for any work or labor thereon of any kind,and for amounts due under the Unemployment Insurance
Act of the State of California,with respect to such work or labor, and shall file with the City pursuant
to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and shall maintain a
valid policy of Workers' Compensation Insurance for the duration of the period of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with Public
Works Standards shall at all times remain under the control and direction of the City Engineer who
shall determine locations and depths to be tested. Any compaction tests failing to meet the City's
requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for
the private utility tests and any required retesting due to failures shall be made directly to the
Subdivider or his agent.
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Subdivision Agreement
Tract No. 4598
Page 11
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
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13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
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determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which
the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each day,
he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required,any work done in the absence of the Engineer
will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his
obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and
unsuitable materials may be rejected, notwithstanding the fact that such defective work and
unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within and
without the subdivision on which work is required to be done under this Agreement from the time
work is first commenced in the subdivision until the paving of the streets is completed. "Adequate
dust control' as used herein shall mean the sprinkling of the streets with water or the laying of an
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Subdivision Agreement
Tract No. 4598
Page 12 ,
approved dust palliative-thereon with sufficient frequency to prevent the scattering of dust by wind
or the activity of vehicles and equipment onto any street area or private property adjacent to the
subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being
maintained on any street or streets as required by this paragraph, the City Engineer shall give
notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may
be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person
who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer,
such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within
twenty-four (24) hours after such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain
adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City
Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled
or oiled,as he may deem advisable to eliminate the scattering of dust, by equipment and personnel
of City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City
forthwith, upon receipt of billing therefor,the entire cost to City of such sprinkling or treated. When
the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or
.permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in
a safe and passable condition at all times between the commencement and final completion, and
adequate dust control shall be maintained during these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains,gas mains,and their respective service connections,shall be completed
in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
Subdivision Agreement
Tract No. 4598
Page 13
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
The parties have executed this Agreement on the day and year first above written.
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Subdivision'Agreement
Tract No. 4598
Page 14
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CITY OF FRESNO,
a Municipal Corporation SUBDIVIDER
LAFFERTY GDCI FRESNO L.P.
a Delaware Limited Partnership
DAVID D. HEALEY, Director
Public Works Department By: LAFFERTY/LANDCASTLE, LLC
a California Limited Liability Company
its General Partner.
By: ly:
Michael T. Kirn, P.E., Assistant Director ' of y, Managing Member
ATTEST:
REBECCA E. KLISCH, CMC
CITY CLERK
(Attach Notary Acknowledgment)
By:
7� Deputy
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APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
FORM Subdivision Agreement
LR March 5,2004,Revised 06/02/04;09-15-2004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of U%�r A OA a
On Q_ before me, GaX-h�
ate Name and Title of icer(e.g..'Jane Doe,Notary Public")
personally appeared
Name( f igner(s) -
F41 personally known to me
❑ proved to me on the basis of satisfactory
evidence
t'
CAROL BROW to be the personnjswhose name(s}- is/are-
Commission#157"91 subscribed to the within . instrument and
NokUy a,pNC.Cada acknowledged to me that he/sheAbep executed
Contra Costa County the same in his/f ofAtreir authorized
My Comm.ExpimsApt 27,2009 capacity(i?.s�, and that by his/hafAheir
signature,(s)-on the instrument the persons} or
the entity upon behalf of which the personkW
acted, executed the instrument.
WITNESS my hand and official seal.
Signature o otaryu is
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OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �d.�f:c.or.
Document Date: Number of Pages: \y
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
S'igner's Name:
AVIN 011H
❑ Individual Top of thumb here
• Corporate Officer—Title(s):
• Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
m 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationaiNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On September 2, 2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn, P.E., Assistant Public Works Director , known to me (or proved to me on
r the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
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authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK e''
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Deputy ` -.,'w'",September.2,.200-5(8:41am)
EXHIBIT A Subdivision Agreement for Tract 4598
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $132,791
Well Construction Cost Estimate $800,000
Sewer System Construction Cost Estimate $411,662
Street Construction Cost Estimate $1,194,800
Final Cost Estimate (for Inspection Fee purposes) $2,539,25311
214 Landmarks, Monuments, Lot& Block Corners ($50/ea) $10,700
Sub-Total (for bonding purposes) $2,549,953
Construction Contingency(10%) $254,995
TOTAL COST ESTIMATE*
(for improvement securities purposes) $2,804,948 $2,805,000
*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 $2,665,000
5% of amount shall be in cash or a Certificate of Deposit $140,000
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 $1,402,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100% of amount shall be in cash or a Certificate of Deposit $0
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5% of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 $11,500
Minimum amount $20,500
EXHIBIT A v4/28/00 Prepared By: Rick Date: 07/15/05 Print Date:07/15/05 9:42:00 AM Pagel of 1
EXHIBIT B Subdivision Agreement for T- 4598
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
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1. INSPECTION FEE
$2373 168 Final Cost Estimate over$500K $97,592.89
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $97,592.89 $97,592.89
2. MONUMENT CHECK FEE
86 Lots and Outlots @ $30.00 per Lot $2,580.00 $2 580.00
(Min$200)
3. STREET SIGNS
13 Street Name Sign sets @ $173.00 per set $2 249.00 $2 249.00
0 Warning/Regulatory signs @ $77.00 sign $693.00 $693.00
4. STREET TREES
31 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $930.00 $930.00
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
86 Lots(anticipated maintenance cost) @ $181.96 per Lot $15 648.56
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3,500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $19 453.56 $19,453.5
$423.00 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
0 Lineal Feet @ $5.00 per LF _na na
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres @ $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $123,498.45 $123,498.45
EXHIBIT 8 v11/01/01 Printed 08/29/05 10:59:35 AM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 4598
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
23.6544 Gross Acres
19.8150 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
` 86 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
_BMI FMFCD Drainage Area
OA000 Acres per FMFCD @ $0 per Acre
Local Drainage Fee $0.00 (B1)
(131)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge 11 $0.0011 1 $0.00
(b)Oversize Sewer Charge
35 UGM Reimbursement Area
Frontage: S.Armstrong Avenue 126 451 SF
Frontage: E.Butler Avenue 57,400 SF
Frontage: E.Hamilton Avenue 83 535 SF
Total Square Feet �SF
267,386 SF;sub-total Oversize Sewer Charge @ F $0.05 per SF $13,369.30
Less estimated Oversize Credits $36,616.00
Less estimated Overdepth Credits $46,001.00
Oversize Sewer Charge $0.00 $0.00 Paid w/Credits
(c)Trunk Sewer Charge
Fowler Trunk Sewer Service Area
861 Units @ $344.00 per Unit 5 4.0 $29,584.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
na Trunk Sewer Service Area
86 Units @ $0.00 per Unit na na
Copper Avenue Sewer Lift Station Benefit Service Area Char e
( p0 Units @ $650.00 per Unit na na
3. WATER CONNECTION CHARGES
(aM4922
rial Charges("Wet-Tie")
Estimate Number
Water Job Number
Estimated Deposit(FMC 14-111-0 $14 000.00 I $0.00 (63)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
83 1"Meters to existing services @ $330.00 each $27,390.00 $0.00 $27,390.00
311-1/2"Meters to existing services @ $455.00 each $1,365.00 $0.00 $1,365.00
�5 1"Services @ $1,460.00 each $7,300.00 $7,300.00
L— 11-1/2"Services @ $1,595.00 each $1,595.00 $1.595.00
EXHIBIT B 01/01/01 Printed 08/15/05 9:42:48 AM Page 2 of 4
e EXHIBIT B Subdivision Agreement for T- 4598
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
F
(b2)Landscape Service Connection Charges
2"Meters to existing services @ $530.00 each $530.00 $530.00
(c)Frontage Charge
Frontage: Is.Armstrong Avenue I 646 LF
Frontage: I E.Butler Avenue 642 1 LF
Sub-Total Lineal Feet('/3 rate) 1,288 LF
1,288 LF; sub-total Frontage Charge('%rate) @ $3.25 per LF $4,186.00
Sub-Total Frontage Charge $4,186.00
Less estimated Frontage Charge Credits $0.00
Frontage Charge $4,186.001 1 $0.00 $4,186.00
(d)Transmission Grid Main Charge
UGM Reimbursement Area
::2:-365414Gross Acres @ $643.00 per Gr Acre $15 209.78
Less Estimated TGM Construction Credits $32,632.00
Transmission Grid Main Charge $0.00 1 $0.00 JPaid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
23.6544 Gross Acres @ $243.00 per Gr Acre $5,748.02
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $5,748.02 " $0.00
``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.
( UGM Water Supply Fee
501s Supply Well Service Area
86 Living Units(residential) @ $582.00 per Unit $50,052.00
Less Estimated UGM Water Supply Fee Construction Credits $800,000.00
UGM Water Supply Fee _3 M. 1 Paid w/Credits
( Well Head Treatment Fee
501 Well Head Treatment Service Area
861 Living Units(residential) @ $238.00 per Unit $20,468.00
Less Estimated Well Head Treatment Fee Construction Credits $0.00
Well Head Treatment Fee 20,468.00 $20,468.00
(h)Recharge Fee
501 Recharge Service Area
86 Living Units(residential) @ $75.00 per Unit $6 450.00
Less Estimated Recharge Fee Construction Credits $0.00
Recharge Fee $5,4bU.UUJJ $6,450.00
EXHIBIT B v11/01/01 Printed 08/15/05 9:42:48 AM Page 3 of 4
f EXHIBIT B Subdivision Agreement for T- 4598
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(i)1994 Bond Debt Service Fee
501 1994 Bond Debt Service Fee Service Area
861 Living Units(residential) @ $244.00 per Unit $20,984.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $20,984.00 $0.00 $20,984.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�TATION FEE
15 Fire Station Service Area
23.6544 Gross Acres @ $605.00 per Gr Acre $14,310.91 $0.00 $14,310.91
(b)UGM NEIGHBORHOOD PARK FEE
2 Neighborhood Park Service Area
23.6544 Gross Acres @ $2,392.00 per Gr Acre $56,581.32 $0.00 $56,581.32
(c UGM STREET CHARGE
D-1/E-2 Major Street Zone
19.8150 Adjusted Gross Acres @ $3,161.00 per AG Ac $62,635.22
Less Estimated Major Street Charge Construction Credits $167,388.00
Major Street Charge $0.00 I $0.00 Paid w/Credits
(d UGM STREET BRIDGE CHARGE
D-1/E-2 Major Street Bridge Zone
19.8150 Adjusted Gross Acres @ $304.00 per AG Ac $6 023.76
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $6,023.76 1 $0.00 $6,023.76
(e UG�E SEPARATION CHARGE
Grade Separation Service Area
19.8150 Adjusted Gross Acres @ $0.00 per AG Ac na
(q UGM TRUNK SEWER FEE
Trunk Sewer Service Area
19.8150 Adjusted Gross Acres @ $0.00 per AG Ac na
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a TRAFFIC SIGNAL CHARGE
86 Living Units(residential) @ $414.69 per Unit $35,663.34
Less Estimated Traffic Signal Charge Construction Credits $8,250.00
Traffic Signal Charge 11 $27,413.3411 1 $0.00 ' $27,413.34
Total Impact Fees&Charges $216,516.01 $65,927.00 $158,254.33
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $123,498.45
TOTAL(B) IMPACT FEES&CHARGES 1 $65,927.00 $158,254.33
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $189,425.45
EXHIBIT B v11/01101 Printed 08115/05 9:42:48 AM Page 4 of 4
ADDENDUM TO SUBDIVISION AGREEMENT
r '
(RIGHT-OF-WAY ACQUISITION)
WHEREAS, this is an addendum ("Addendum")to a subdivision,agreement("Agreement")
entered into pursuant to the Subdivision Map Act, specifically; Government Code Section 66462,
affecting the Final Map of Tract No. 4598 ("Final Map"); and,
WHEREAS, Revised Vesting Tentative Map No. 4598/UGM, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City of Fresno approved the project subject to certain conditions of
approval, which conditions'required several public improvements in order to mitigate the impacts
of the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the.Final Map, the Fresno City Council, as the Legislative
Body approving final maps under the Map Act, must find the final map is in substantial compliance
with the tentative map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed and
accepted at the time of approval of the Final Map; and,
WHEREAS, this Addendum pertains specifically to the street improvements beyond the
limits of the Final Map required in the Tentative Map conditions, which require the Subdivider to
develop the infrastructure of, and dedicate the right-of-way for, certain public streets that will
directly or indirectly serve the project; and,
WHEREAS, with respect to such street improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of final map
filing to permit the improvements to have been completed prior to final map filing; and,
WHEREAS, the Subdivider has notified the City (through the Public Works Director or
Planning and Development Department Director) of the Subdivider's inability to acquire the
necessary easements and rights-of-way by negotiation, and has requested City to use its best
efforts to acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the necessary
easements for the required public right-of-ways, at the expense of the Subdivider.
Addendum to Subdivision Agreement
Tract No. 4598
i
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary easements,
including, but not limited to the fair market value of the easements, legal fees, non-legal
staff time, appraisal fees, any necessary court costs.
2. Subdivider shall initially deposit, upon execution of this agreement, the sums set out in the
paragraph below captioned, "Summary of Initial Deposit". Such sums shall be utilized by
the City to acquire the necessary easement and right-of-ways. If the initially deposited
funds are less than the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such.additional sums as may be required from time to time
to conclude the matters, such further payments to be made within ten (10) days of the
mailing to the Subdivider of a notice requesting such additional funds.The notice shall state
what costs have been incurred to date, what additional costs are anticipated; and how the
City intends to apply these additional deposits. Subdivider's dissatisfaction with the
adequacy or sufficiency of the notice for any reason shall not excuse Subdivider from any
duty or obligation, including the obligation to deposit additional sums. If deposited sums
exceed the actual full cost to acquire the subject rights-of-way, then at the conclusion of
acquisition, City shall refund the difference as soon as the City determines the amount of
such excess.
3. Subdivider shall have the option of providing timely appraisal and title reports from qualified
and reputable appraisers and title companies, subject to approval of the City Attorney, in
lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may increase
if City's acquisitions costs related to any City efforts to acquire the property increase.
Subdivider agrees to pay all proper and necessary charges incurred or paid by City in
pursuing the acquisition of the subject property. City incurs no liability for its failure to
accurately or properly estimate the actual costs incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date prescribed,the
City shall have the.following remedies in addition to any other remedies available to it under
law or in equity:
a. Subdivider. shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may summarily
revoke any and all permits issued to build such project
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall
Addendum to Subdivision Agreement
Tract No. 4598
Page 3
indemnify and hold City harmless from any and all costs, fees, damages and
k" expenses incurred as a result of the proceedings and the termination and
abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed and
treat all costs incurred pursuant to.this agreement as a debt due and owing to the
City. In this event, the sums so demanded in the notice to deposit shall be
presumed to be proper, necessary and correct for continued proceedings to acquire
the easements. Upon the failure of Subdivider to make timely and full deposit, as
required by the notice, City shall collect interest on the amount demanded, to the
extent the amounts reflect cost actually incurred, and upon any amounts thereafter
incurred, at the rate of ten (10) percent per annum until paid.
In any action brought by the City as the result of Subdivider's failure to timely and
fully deposit the amounts demanded, City may recover its reasonable attorney's
fees and litigation costs.
6. It is anticipated that it may be necessary for City to exercise its powers of eminent domain
in order to acquire the necessary public right-of-way easements. Any determination to
proceed with eminent domain will be made by the City Council of the City of Fresno, upon
necessary findings. The City Council does not make any representations, guarantees or
warranties, nor commits under this agreement,.that it will exercise any of its authority or
powers of eminent domain.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision to settle
the acquisition proceedings if the proposed compensation exceeds the opinion of value
established by the City's appraisal or the property owner's appraisal. However, such
participation shall be limited to advising City staff where the giving of such advice does not
interfere with, restrict, delay or impede the City Attorney in the prosecution or compromise
of the condemnation proceedings,as she deems necessary and appropriate in the exercise
of her sole professional judgement-and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign the
City's rights and responsibilities under this task to the County in order for the offsite road
conditions to be implemented, the City may do so with written notice to Subdivider. Upon
such assignment, all references to statutorily required actions on the part of the City in
connection with eminent domain proceedings shall be construed,to mean those same
actions or legal equivalents on the part of the County. The Subdivider's responsibilities
remain unchanged.
Addendum to Subdivision Agreement
Tract No. 4598
Page 4
9. Compliance with the terms and conditions of this agreement is a condition of approval of
any and all UGM subdivision map projects which are the subject of the principal agreement
to which this ancillary agreement is a part.
10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City Council
finds the Final Map in substantial compliance with the tentative map and approves the
same.
11. Subdivider acknowledges that, by execution of the Agreement, including this Addendum
and the City's acceptance of the Final Map, Government Code Section 66462.5 is
inapplicable to this subdivision.
12. Subdivider acknowledges that the tentative map approval was expressly conditioned upon
the street improvement and right-of-way being provided as project mitigation. Nothing
herein shall constitute as a waiver by the City of its police power or of its authority to protect
the public against adverse development project impacts. Nothing herein modifies the
tentative map conditions imposing offsite street improvements, or of any other tentative
map condition, except as expressly provided for in the Agreement or in this Addendum.
Subdivider will not seek to invalidate any claim or defense made by or on behalf of the City
in pursuance of procurement of the street and right-of-way on any grounds including, but
not limited to, the fact that all or a portion of the street right of way traverses through
unincorporated territory within the jurisdiction of the County of Fresno. Subdivider agrees
to act in good faith in implementing the road condition and to actively assist City in seeking
to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or deposits
posted by or for Subdivider in conjunction with the development as security for the payment
of any costs, charges or fees called for by this Agreement.
14. Upon recordation of the Subdivision Agreement to which this addendum is incorporated by
reference, City shall have a lien upon the lands more particularly described in the
Subdivision Agreement as security for the payment of any costs, charges or fees called for
by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide to
Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting,required by this agreement,
however, shall not excuse Subdivider's duty to perform any act, particularly the duty to
make full and timely deposits in accordance with any demands and notices by the City.
Upon rendering of the final accounting referenced herein, Subdivider may question or
challenge any use of funds set forth in such accounting and may appeal same to the City
Council.
Addendum to Subdivision Agreement
Tract No. 4598
Pages
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-bearing
account of the City's choice, and may be co-mingled with other City funds in such account.
Interest accruing upon any such deposit shall inure to and be created for the benefit of
Subdivider, less the City's reasonable or actual costs of administering the account and less
any other charges which may be required or authorized by law. The parties agree that five
per cent of the amount(s) deposited is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain consequences
in the event of Subdivider's breach, such as inverse condemnation liability, abandonment
(by operation of law) of the condemnation action, and award to the property owner of her
litigation expenses and reasonable attorney's fees and sanctions imposed by the Permit
Streamlining Act (Government Code Section 65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit.Easement Acquisition for property required to provide
additional Right-of-Way on South Armstrong Avenue for Tract No. 4598.
AMOUNT DEPOSITED: ITEM:
$ 102,000.00 Appraised Value of Easement
$' 2,000.00 Escrow and Title Fees
$ 7,500.00 Real Estate Staff.time
$ 10,000.00 Attorney Staff time
$ 18,225.00 Contingency (15%)
$ 140,000.00 TOTAL (rounded)
This estimate is based on an MAI appraisal report supplied by the Subdivider.
T-4598.estimate.3d.rev
Tract No. 4598/UGM
P.W. File No. 10534
I SUBORDINATION
a.
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded
on July 30, 2004, in the office of the Fresno County Records, Document No. 20040167603, of which
the Deed of Trust in by and between: Lafferty GDCI Fresno, L.P., a Delaware Limited Partnership as
ti
Trustor, Fidelity National Title Company, as Trustee,and Ohio Savings Bank, a federal savings bank,
R
as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto
to the foregoing Subdivision Agreement for Tract No. 4598, Phase I of Vesting Tentative Map Tract
No. 4598/UGM, including Addendum for Right-of-Way Acquisition.
DATED: ZG , 20 G5
TRUSTEE / BENEFICIARY
By: I/,.Y", y �e�b.�_
b�lie.c Y`'!Gs cif
U/�
(Attach Notary Acknowledgement)
`CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of San Bernardino ISS.
On July 26, 2005, before me, Thanhliem Brenda Le, Notary Public,
personally appeared Victor P. Bessette,
® personally known tome
❑ proved to me on the basis of satisfactory
►. evidence
to be the person whose name is subscribed to
the within instrument and acknowledged to me
THANHLIEMMMDA LE that he executed the same in his authorized
Commission# 1398188 capacity, and that by his signature on the
Notary Public—California instrument the person, or the entity upon behalf
' San Bernardino County of which the person acted, executed the
MY COM,EviresFeb4,2007 instrument.
WIT S my han n offi s I.
Place Notary Seal Above
ignat r f y Public
OPT
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Subdivision Agreement for tract no.4598, Phase I of Vesting Tentative Map
No.4598, Including Addendum for Right of Way Acquisition PW File No 10545
Document Date: N/A Number of Pages: 27
Signer Other Than Named Above:
Capacity Claimed by Signer
OF
Signer's Name: Victor P. Bessette
❑ Top of thumb here
Individual
® Corporate Officer--Title: Vice President
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Ohio Savings Bank
Signer's Name:
❑ Individual
❑ Corporate Officer--Title: rap of thumb here
❑ Partner-- ❑ Limited ❑ General
❑ Attorney in Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
"CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ISS.
County of San Bernardino
On July 29, 2005, before me, Thanhhem Brenda Le, Notary Public,
personally appeared Gary L. Arnett,
® personally known tome
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name is subscribed to
THANHLIEM BRENDA LE the within instrument and acknowledged to me
Commission#1398188 that he executed the same in his authorized
Notary Public—Collfornio capacity, and that by his signature on the
San Bernordino County - instrument the person, or the entity upon behalf
AMComm..E_"wFeb4,20lY r of which the person acted, executed the
instrumen
WITNE my hand a o cial se
Place Notary Seal Above
Signatur f NotaryP lic
OPTIO L o
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Subdivision Agreement for Tract No.4598, Phase I of Vesting Tentative
Map Tract no.4598, Including Addendum for Right-Of-Way Acquisition
Date: NIA Number of Pages: 28
Signer Other Than Named Above:
Capacity Claimed by SicineRIGHTTHUMBPRINTr
Signer's Name: Gary L.Arnett
❑ Individual Top of thumb here
® Corporate Officer--Title: Vice President
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
❑ Other:
Signer is Representing: Ohio Savings Bank
Signer's Name: RIGHTTHUMURINT
❑ Individual
❑ Corporate Officer--Title: Top of thumb here
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: