HomeMy WebLinkAboutT-4831 - Agreement/Covenant - 2/10/2005 City of
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PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10550
SUBDIVISION AGREEMENT FOR TRACT NO. 4831,
OF VESTING TENTATIVE MAP NO. 4831/UGM
Subdivision Agreement
Tract No. 4831
Page 2
THIS AGREEMENTis made this dayof /Sl Lje-miav— ,2003,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and McCAFFREY DEVELOPMENT, L.P., a California Limited Partnership, 1175 West
Shaw Avenue, Fresno, California 93711, hereinafter designated and called the "Subdivider,"
without regard for number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 4831 (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 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Vesting Tentative Map No.4831/UGM
dated April 1, 1998 issued by the City and any amendments thereto (hereinafter referred to as
u
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Subdivision Agreement
Tract No. 4831
Page 3
"Conditions of Approval"and incorporated into this agreement by this 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
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 December 31,2005,except as noted in(b), (c), and(d)listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before December 31, 2007, (The
developer may submit a written request to the Public Works Director for an
extension of time to complete the construction of the sidewalk and driveway
approaches).
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
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Subdivision Agreement
Tract No. 4831
Page 4
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. 4831,"
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 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. 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 Director of
Public Utilities Department.
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
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Subdivision Agreement
Tract No. 4831
Page 5
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.
3. The work and improvements are as follows:
a. Construct all landmarks,monuments and lot comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground 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.
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Subdivision Agreement
Tract No. 4831
Page 6
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,oras 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
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
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation 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.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:[10-C-8442 through 10C-8448with WaterJob No.
4926 (7 sheets) inclusive, 15-C-11224 through 15-C-11230 (7 sheets) inclusive,
Drawing No. 4-C-757 (1 sheet) inclusive], unless specifically omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: EG-29-1
(1 sheet) inclusive, unless specifically omitted herein.
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.
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Subdivision Agreement
Tract No. 4831
Page 7
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions, the total fees and charges due as a condition of
Final Map approval. The total fees and charges are more particularly itemized and made
a part of this agreement in the attached Exhibit"B."
I. In connection with 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. As a Condition of final map approval the Subdivider shall install a noise
barrier in the form of a concrete block wall or wall/earth berm combination along the east
and North side of the subdivision in conformance with the Acoustical analysis prepared for
Tract No. 4831 by Brown-Buntin Associates, dated December 5, 1997 including an
amendment to the analysis dated December24, 1997. Said noise barrier shall be shown
on the Grading Plan for this Subdivision.
No building permit shall be issued for any dwelling unit in the tract until the noise
attenuation construction design of the units, as identified by the acoustical analysis, is
approved by the Planning and Development Department. In addition, no building permit
shall be issued for any dwelling units on lots adjacent the Burlington Northern - Santa Fe
Railroad right-of-way and no occupancy permit shall be issued on any of the remaining
dwelling units in the tract until the noise barrier is provided as identified by the acoustical
analysis, and per the Railroad/Residential Interface Standards of the Bullard Community
Plan.
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,
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Subdivision Agreement
Tract No. 4831
Page 8
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
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
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Subdivision Agreement
Tract No. 4831
Page 9
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 Subdivider, the Subdivider's agents, employees and subcontractors, while
Subdivision Agreement
Tract No. 4831
Page 10
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
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Subdivision Agreement
Tract No. 4831
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agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
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
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.
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Subdivision Agreement
Tract No. 4831
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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 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
Subdivision Agreement
Tract No. 4831
Page 13
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
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.
Subdivision Agreement
Tract No. 4831
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
McCAFFREY DEVELOPMENT, L.P.
JON R. RUIZ, DIRECTOR a California Limited Partnership
PUBLIC WORKS DEPARTMENT
By: McCaffrey Construction, Inc.
a California Corporation, General Partner
By:
Michael T. Kim, P.E., Assistant Director By: /
Robert A. McCaffrey, resident
ATTEST:
REBECCA E. KLISCH
CITY CLERK B
David Ciabattari,
Chief Operating Officer
� a
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
FORM Subdivision Agreement v10-21-03
LR October 22,2003
x
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 30, 2003, before me, the undersigned, a Notary Public for the
State of California, personally appeared,Robert A. McCaffrey and David
Ciabattari, 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 capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commission E fires: ar 2 2#07
MICHELE L. HOGAN
Commission#—I 395535
Notary PublIc - California
Fresno County
My Comm.Ekes Jan 21,2007
EXHIBIT A Subdivision Agreement for Tract 4831
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $97,651
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $97,582
Street Construction Cost Estimate $622161
Final Cost Estimate (for Inspection Fee purposes) $817 850
243 Landmarks, Monuments, Lot& Block Comers($50/ea) $12,1501
Sub-Total(for bonding purposes) $830,000
Construction Contingency (10%) $83,0001
TOTAL COST ESTIMATE*
(for improvement securities purposes) $913 000 $913 000
*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 $867,000
5%of amount shall be in cash or a Certificate of Deposit 1 $46,0001
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 $456,5001
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 $4,000
0.5%of amount over$500,000 $2,100
Minimum amount ��$11,100
EXHIBIT A v4/28/00 Prepared By: Rick Date: 10/24/03 Print Date: 10/24/03 11:28:06 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-4831
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<_$10K na
(11.52%;$600 minimum fee)
$0 Final Cost Estimate>$10K<$500K na
($4836+3.25%of amount over$1 OK)
817 850 Final Cost Estimate over$500K $33 824.85
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 1 $11,339.001
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $22,485.851 $22,485.
2. MONUMENT CHECK FEE
91 Lots and Outlots ® $30.00 per Lot $2 730.00 $2 730.00
(Min$200)
3. STREET SIGNS
11 Street Name Sign sets ® $173.00 per set $1 903.00 $1 903.00
Warning/Regulatory signs ® 77.00 sign $154.00 $154.00
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree na na
15 Inspection Fee(when planted by subdivider) ® $30.00 per Tree $450.00 $450.00
0 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
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)
91 Lots(anticipated maintenance cost) @ $49.11 per Lot $4 469.01
F7Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
91assessment district proceedings ® $0.00 min) $1 500.00
Lum Sum Landscape area Field Inspection Fee-Parks ® $305.00 LS $305.00
Total $6 274.01 $6 274.01
$59.11 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
Freewa 41/Friant Road/Herndon Corridor
0.0000 Adjusted Gross Acres ® $250.00 per AG Ac
TOTAL MISCELLANEOUS FEES 8 CHARGES $33,996.86 $33,996.86
..
EXHIBIT B Subdivision Agreement for T-4831
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
24.8528 Gross Acres
23.5975 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
91 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
EG FMFCD Drainage Area
24.8535 Acres per FMFCD @ $5 020 per Acre $124 765.00
Local Drainage Fee 124 . 0 1 $124 765.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Lateral Sewer Charge $0.00 $0.00
(b Oversize Sewer Charge
19 UGM Reimbursement Area
Frontage: I Spruce 116 343 SF
Total Square Feet 116343 SF
116 343 SF;sub-total Oversize Sewer Charge $0.05 per SF $5 817.15
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge $5,817.1511 $0.00 $5 817.15
(c)Trunk Sewer Charge
Grantland Trunk Sewer Service Area
911 Units @ $419.00 per Unit 1 $38.129.001 $38 129.00
(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 Ca acity Enhancement Charge
na Trunk Sewer Service Area
91 Units @ $0.00 per Unit na na
( Copper Avenue Sewer Lift Station Benefit Service Area Char
0 Units @ $650.00 per Unit $0.00 $0.00 $0.00
3. WATER CONNECTION CHARGES
(a Time&Material Charges("Wet-Tie")
2003 0528 lEstimate Number
4926 lWater Job Number
Estimated Deposit(FMC 14-111-f) $0.001 (B3)
(133) Deposit paid with Early Construction Agreement
Charges
(b)Service 25280.00
12 1-Meters"Mters to ex sti g services @ $470.00 each to existing services @ F__$320.001each $$5 640.00 $0.00 solool $$5 640.00
dgi
r
EXHIBIT B Subdivision Agreement for T-4831
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c)Frontage Charge
Frontage Charge $0.00 $0.00 $0.00
(d Fire Hydrant Charge
799 521 SF;residential zoning @ $0.75 per 100 SF 96. 1 $5.996.411
(e Transmission Grid Main Charge
A UGM Reimbursement Area
:::24 8528 Gross Acres @ $560.00 per Gr Acre $13 917.57
Less Estimated TGM Construction Credits $0.00
Transmission Grid Main Charge1 91 $0.00 $13,917.5-71
( Transmission Grid Main Bond Debt Service Charge
24.8528 Gross Acres @ $243.00 per Gr Acre $6 039.23
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $6,039.231 $0.00 $6 039.23
( UGM Water Supply Fee
201 s I Supply Well Service Area
91 Living Units(residential) @ $354.00 per Unit $32 214.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $32,214.001 $32,214.001
(h)Well Head Treatment Fee
201 Well Head Treatment Service Area
91 Living Units(residential) @ $0.00 per Unit
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $0.00 $0.00
(i Rechar a Fee
2011 Recharge Service Area
9 11 Living Units(residential) @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee ��0. $0.00
Q)1994 Bond Debt Service Fee
201 1994 Bond Debt Service Fee Service Area
91 Living Units(residential) @ $0.00 per Unit
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $0.001 $0.00 $0.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
14 Fire Station Service Area
24.8528 Gross Acres @ $282.00 per Gr Acre $7 008.49 $0.00 $7,008.491
(b)UGM NEIGHBORHOOD PARK FEE
5 Neighborhood Park Service Area
24.8528 Gross Acres @ $1 695.00 per Gr Acre $42 125.50 $0.001 1 $42 125.50
EXHIBIT B Subdivision Agreement for T-4831
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(c UG�R STREET CHARGE
C/D-2 Major Street Zone
23.5975 Adjusted Gross Acres @ $1 930.00 per AG Ac $45 543.18
Less Estimated Major Street Charge Construction Credits
Major Street Charge $45,54 .1 $0.00 $45 543.18
(d UG�R STREET BRIDGE CHARGE
C/D-2 Major Street Bridge Zone
23.5975 Adjusted Gross Acres @ $65.00 per AG Ac $1 533.84
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $1,533.841 $0.00 $1 533.84
(e UGL M TRAFFIC SIGNAL CHARGE
23.5975 Adjusted Gross Acres @ $860.00 per AG Ac $20 293.85
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $20,2 $0.00 $20 293.85
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
23.5975 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge M33 1 $0.00 $0.00
( UG�K SEWER FEE
Trunk Sewer Service Area
23.5975 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Trunk Sewer Fee Credits
Trunk Sewer Fee $0.00 $0.00 $0.00
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
23.5975 Adjusted Gross Acres @ $0.00 per AG Ac Ina
Total Impact Fees&Charges $374,303.22 $201,104.41 $173,198.81
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $33 996.86
TOTAL(B) IMPACT FEES&CHARGES $201 104.41 $173 198.81
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $235,101.27
Bon 1lumber: 566225S
`, remium: 7 803.00 for a term
gra
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............................................................:.....:.................................................................... I::�
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
MCCAFFREY DEVEWPMENT, LP (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 03 • and
identified as project TRACT 4831
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terns of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and EEVffLPEFS SURMY AM BURY= , as
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of EIGHT HUNDRED SIXTY SEVEN THOUSAND---
dollars ($ 867,000.00 ) 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 provided, on his or their part, to be
kept and performed at the time and in the manner therein 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 and 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 shall be included costs and reasonable expenses and fees, 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 terms of the agreement or to the work or to the specifications.
Faithful Performance Bond
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on OCTOBM 30 20 03
MCCAFFREY DEVELOPMENT LP
BY: McCaffrey Construction.Inc,Ceaerai-Partner
By:
Principal
Address of Surety DEVELOPERS AND INDEMNITY COMPANY
P.O, BOX 19725
By:
IRVINE, CA 92623
By:
AYNEAMB RNEY- -FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 30,2003,before me, the undersigned, a Notary Public for the
State of California, personally appeared, Robert A. McCaffrey and David
Ciabattari, 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 capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commission E fires: anuary 21, 007
MICHELE L. HOGAN
Commission N 1395535
Notary Public - California
Fresno County
My Comm.Expires Jan 21,200
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On OCTOBER 30,2003 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
personally appeared WAYNE LAMB
Name(s)of Signers)
® 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
CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by his/her/their
COMpJ.at251701 m signature(s) on the instrument the person(s), or the entity upon
® m NOTARY PUBLIC-CALIFORNIA a: behalf of which the person(s) acted,executed the instrument.
PRINCIPAL OFFICE IN Z
CD FRESNO COUNTY _+
C,�,I011N� My Commission Exp,Feb.24,2004 W NESS my and.and 00al seal.
I I A
ature of Notary Public
_—_-------------OPTIONAL------_w__.________._.���.________
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- El Limited 0 General ❑ Partner-❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-11133 09/00
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally ***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the atiorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship,
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January,2002.
By: .`.•��.�"AND ��0�. pAN O
David H.Rhodes,Executive Vice President yJP.�SP0Rgl:F�,' �G�Ppo
-cc OCT. :<- 2
`. OCT.5 o
:o e 1967 �
By omaW: 1936 ;a`; o� \� 2
Waller A.Crowell, Secretary ?d�.�.W.. *ad� q</FOPS a
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in 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. r ANTONIO ALVARADO
p COMM.#1300303
d Notary Public-California 0
9
ORANGE COUNTY .�
Signature My Comm.Expires APRIL 10,2005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the day of OC7p Egg 2003
�•
By_c: J
David G.Lane,Chief Operating Officer
ID-1380(01/02)
ins ICO
o � o
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
www.inscodico.com
Bond Number: 566225S
Premium: incl in verf bond
.:i.s:.i..:i.:.:c.::.:i.:::..:.;.:.i.:i.:.i.:..:i..i.::i...:...:i..:::.:1.i:.i:::..:•i:.i:i.:::i::..:i:.:i:?.:}.:;i:.:•:..:...::..:..:..::..:..:.:.:i..:i..:..:..::..�..:..:..:...:...:..:..:�..:C.:..:..:.:..::.:...:.:.::..:I..::.t'..:..:::....f•:}...:}.:.i...:..:.:...::....:.........:..:..:..:.:.:.:........:....................................................
..........ii........i::::::•:::: : ...:t
: i : .:..::::::II.!tt.l.i'iii:r:.:.,:::::.::•i::t'I:i":s;t;t^:f::iti:ir•ictiim.:.i4..i::.i.c:i..i:.E.i.:.:..:.::....:
:€..ui.:.r:..:.:.: il............. E.. i
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is
•:::::::::::::i:::t......:.
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
MaCAFFREY DEVEMPMW, LP (hereinafter
designated as"principal')have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
, 20_0_, and
identified as project MACr 4831
is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City
of Fresno to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE,said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material
men and other persons employed in the performance of the aforesaid agreement and referred
to in the aforesaid Code of Civil Procedure in the sum of
FOUR HUNDRED FIFTY SIX THOUSAND FIVE HUNDRED--- dollars
($456.5oo.oo ), for materials furnished or labor thereon of any kind, or for amounts due
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the amount herein above set forth,and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be
awarded and fixed by the court,and to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of said agreement or the specifications accompanying the some shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
Subdivider's Payment Bond
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on OCTOBER 30 ' 2003
MCCUTREY DEVELOPMENT, LP
By: McCaf ns nIn neral Partne
By.
By. . g
Principal
Address of Surety
P.O. BOX 19725 DEVELOPERS SURETY AND INDEMNITY COMPANY
IRVINE, CA 92623
By: Z—z
By:
A -INACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
STATE OF CALIFORNIA )
SS.
COUNTY OF FRESNO )
On October 30, 2003, before me, the undersigned, a Notary Public for the
State of California, personally appeared, Robert A. McCaffrey and David
Ciabattari, 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 capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s) or the entity(ies) on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
L.S. My Commission E ><res: J r 21 20 7
MICHELE L. HOGAN
Commission• 1395535
Notary Public - California
Fresno County
My Comm.Expkes Jan 21,2007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On OCTOBER 30,2003 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
personally appeared WAYNE LAMB
Name(s)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
acknowledged to me that he/she/they executed the same in
4 {UA R
CYNTHIA SAUCEDA his/her/their authorized ca aci l , and that b his/her/their
cc COMPJ.#1251701 co p es) y
° ® -o NOTARY PUBLIC-CALIFORNIA oG signature(s) on the instrument the person(s), or the entity upon
m PRINCIPAL FRESNO COFFICE OUNTYIN Z behalf of which the person(s) acted, executed the instrument.
My Commission Exp.Feb.24,2004
ITNESS my hand and I seal.
ignature of Notary Public
----------------------------------------OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- 0 Limited 0 General ❑ Partner-❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally ***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to he signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January,2002.
By: AND MPAN V O
David H.Rhodes,Executive Vice President ,yJ.,4�R40Rgl�.aJJy:i ORPOgq
W OCT. OCT.5 A14ju— 10 3 _ U 1967
;oma':: 1936 t to �
By
Walter A.Crowell, Secretary ?�O.�OW F *�a; q<lFOPk a
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument.
WITNESS my hand and official seal. ^ ANTONIO ALVARADO
p COMM.#1300303
d Notary Public-California X
3 ORANGE COUNTY
Signature My Comm.Expires APRIL 10,2005
LI-1- I i .
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 30TH day of OC MBBER 2003
By
_ 1 >L'-
David G.Lane,Chief Operating Officer
ID-1380(01102)
TWA
i sc
lCo
o o
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses.resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
w•ww.inscodico.com