HomeMy WebLinkAboutT-5010 - Agreement/Covenant - 3/2/2005 (2) 5
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City Of
CImEm-d+\■
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10534
SUBDIVISION AGREEMENT FOR TRACT NO. 5010
A PLANNED UNIT DEVELOPMENT
;5
Subdivision Agreement
Tract No. 5010
Page 2
THIS AGREEMENT is made this 2��'day of ,2004,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and COPPER RIDGE ESTATES,LLC,a California Limited Liability Company,466 West
Fallbrook Avenue Suite 110, Fresno, CA 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. 5010 (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 as Conditions of Approval for Vesting Tentative Map
Subdivision Agreement
Tract No. 5010
Page 3
No. 5010 dated April 17, 2003, issued by the City and any amendments thereto and Conditional
Use Permit Application No. 03-160 dated November 17, 2003 (hereinafter referred to as
"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 May 31, 2007, 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 May 31, 2009, (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
Subdivision Agreement
Tract No. 5010
Page 4
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.
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
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
Subdivision Agreement
Tract No. 5010
Page 5
"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 corners 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.
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
Subdivision Agreement
Tract No. 5010
Page 6
(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
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. As a condition of Tentative Tract Map No. 5010 approval the Subdivider is
required to install landscaping and an irrigation system into any landscape areas of Outlot
"A" required for this subdivision. A Private Homeowners Association has been formed to
provide for continued care and maintenance of the required landscaping and proposed
walls/gates.
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 Private Landscape Areas of Outlot"A"required in the Conditions
of Approval and delineated on the Final Map.
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-8328 through 10-C-8335 with Water Job
No. 4912 (8 sheets) inclusive, 15-C-11806 through 15-C-11819 (14 sheets)
inclusive, Street Lighting Plan Drawing No. 4-C-797 (1 sheet)], unless specifically
omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: DE-05-1
through DE-05-4 (4 sheets) 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.
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
Subdivision Agreement
Tract No. 5010
Page 7
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 .
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.
Subdivision Agreement
Tract No. 5010
Page 8
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.
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
Subdivision Agreement
Tract No. 5010
Page 9
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
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 occurwithin 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
Subdivision Agreement
Tract No. 5010
Page 10
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.
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
Subdivision Agreement
Tract No. 5010
Page 11
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 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 orwithin
Subdivision Agreement
Tract No. 5010
Page 12
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
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. 5010
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
COPPER RIDGE ESTATE, LLC
PUBLIC WORKS DEPARTMENT a California Limited Liability Company
By:
By: 14-r. S-1- V 6 a M96onald, President
Michael T. Kirn, P.E., 6irector
ATTEST:,
REBECCA E. KLISCH, CMC
CITY CLERK
(Attach Notary Acknowledgment)
By:
Deputy C Sj o 10,4
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
Deputy
FORM Subdivision Agreement v10-03-03
Louisr 5-11-04
STATE OF CALIFORNIA
COUNTY OF FRESNO
On �� before me, Darlene Lemons, Notary Public, personally appeared
personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. WITNESS my hand and official seal.
DfiRLENE LEIViMONSI
V 71
COMM.#1310646 0
NOTARY PUBLIC-CALIFORNIA o
' - FRESNO COUNTY
Dar ene Lemons My Comm.Expires June 2c� 5 20055!
Title or Type of Document: dl
Date of Document:
EXHIBIT A Subdivision Agreement for Tract 5010
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $198,865
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $105,158
Street Construction Cost Estimate $500,239
Final Cost Estimate(for Inspection Fee purposes) $804,262
292 Landmarks, Monuments, Lot& Block Corners ($50/ea) $14,600
Sub-Total (for bonding purposes) $818,862
Construction Contingency(10%) $81,886
TOTAL COST ESTIMATE*
(for improvement securities purposes) $900,748 $901,000
*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 $856,000
5% of amount shall be in cash or a Certificate of Deposit $45,000
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 $450,500
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 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 $2,000
Minimum amount $11,000
EXHIBIT A v4/28/00 Prepared By: Frank Date: 05/11/04 Print Date:05/11/04 10:21:58 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5010
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>$1 OK<$500K na
($4836+3.25%of amount over$1 OK)
$804,262 Final Cost Estimate over$500K $33,267.74
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $15,612.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $17,655.74 $17,655.74
2. MONUMENT CHECK FEE
95 Lots and Outlots @ $30.00 per Lot $2,850.00 $2,850.00
(Min$200)
3. STREET SIGNS
Street Name Sign sets @ $173.00 per set $173.00 $173.00
®Warning/Regulatory signs @ $77.00 sign $308.00 $308.00
4. STREET TREES
38 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $1 140.001 $1,140.00
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
95 Lots(anticipated maintenance cost) @ $0.00 per Lot na
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na na
8. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Herndon Corridor
35.6042 Adjusted Gross Acres @ $250.00 per AG Ac $8,901.05 $8,901.05
TOTAL MISCELLANEOUS FEES&CHARGES $31,332.79 $31,332.79
EXHIBIT B v11/01/01 Printed 05/11/04 4:08:58 PM Page 1 of 4
EXHIBIT B Subdivision Agreement for T- 5010
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
40.8231 Gross Acres
35.6042 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
95 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
Local Drainage Fee $0.00 $0.00 (B1)
(61)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
SF; sub-total Lateral Sewer Charge @ $0.10 per SF
Lateral Sewer Charge $0.00 $0.00
Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
43 UGM Reimbursement Area
Frontage: N.Cedar Avenue 113 140 SF
Frontage: E.Copper Avenue 125,375 SF
Total Square Feet 238,515 SF
238,515 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $11,925.75
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits
Oversize Sewer Charge $11 925.75 ------$-J-,8--4-97.491- $10,076.26
(c Trunk Sewer Charge
Herndon Trunk Sewer Service Area
95 Units @ $496.00 per Unit $47,120.00 $47,120.00
(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 achy Enhancement Charge
Herndon Trunk Sewer Service Area
95 Units @ $874.00 per Unit $83,030.00 $83,030.00
( Copper Avenue Sewer Lift Station Benefit Service Area Charge ��`
95 Units @ $650.00 per Unit $61,750.00 $10,400.00 $51,350.00
( Fowler TTrrunnkk Sewer Interim Fee Surety
L_ 0 Units @ $1,000.00 per Unit na nal
EXHIBIT B v11/01/01 Printed 05/11/04 4:09:00 PM Page 2 of 4
EXHIBIT B Subdivision Agreement for T- 5010
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2003 0210 1 Estimate Number
4912 1 Water Job Number
Estimated Deposit(FMC 14-111-f) $9,600.00 $0.00 (B3)
(63) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
39 1"Meters to existing services @ $320.00 each $12,480.00 $0.00 ' $12,480.00
40 1-1/2",Meters to existing services @ F $470.00 each $18,800,001 $0.00 ' $18,800.00
(b2)Landscape Service Connection Charges
112"Meters to existing services @ $620.00 each $620.00 $620.00
(c)Frontage Charge
0 1 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d)Transmission Grid Main Charge
A I UGM Reimbursement Area
40.8231 Gross Acres @ $560.00 per Gr Acre $22 860.94
Less Estimated TGM Construction Credits $35,931.00
Transmission Grid Main Charge $0.00 $0.00 ' Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
40.82311 Gross Acres @ $243.00 per Gr Acre $9,920.01
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $9, 20.011 $1,537.:62:]* $8,382.39
( UGM Water Supply Fee
101 s Supply Well Service Area
95 Living Units(residential) @ $397.00 per Unit F $37,715.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $37,715.00 $37,715.00
( Well Head Treatment Fee
101 Well Head Treatment Service Area
95 Living Units(residential) @ $0.00 per Unit
(h)Recharge Fee
101 Recharge Service Area
951 Living Units(residential) @ $0.00 per Unit
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
95 Living Units(residential) @ $895.00 per Unit $85 025.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $85,025.00 1 $14,320.00 $70,705.00
EXHIBIT B 01/01/01 Printed 05/11/04 4:09:00 PM Page 3 of 4
EXHIBIT B Subdivision Agreement for T- 5010
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
21 Fire Station Service Area
40.8231 Gross Acres @ $1,388.00 per Gr Acre $56,662.46 $8,782.89 ` $47,879.57
(b UGM NEIGHBORHOOD PARK FEE
7 Neighborhood Park Service Area
40.8231 Gross Acres @ $1 690.00 per Gr Acre $68,991.04 $10,693.801-
(c)
10,693.80 •(c)UGM MAJOR STREET CHARGE
F Major Street Zone
35.6042 Adjusted Gross Acres @ $2,500.00 per AG Ac $89,010.50
Less Estimated Major Street Charge Construction Credits $0.00
Major Street Charge $89,010.50 $13,797.00 ' $75,213.50
(d)UGM MAJOR STREET BRIDGE CHARGE
F Major Street Bridge Zone
35.6042 Adjusted Gross Acres @ $50.00 per AG Ac $1,780.21
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $1,780.21 $275.:96:]. $1,504.25
(e)UGM TRAFFIC SIGNAL CHARGE
35.6042 Adjusted Gross Acres @ $860.00 per AG Ac $30,619.61
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge 11 $30,619.61 $4,746.41 $25,873.20
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
35.6042 1 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
35.6042 Adjusted Gross Acres @ $0.00 per AG Ac na
(h OVERLAY SEWER SERVICE AREA
Millbrook Overlay Service Area
35.6042 Adjusted Gross Acres @ $0.00 per AG Ac na
5. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northeast Fresno Service Area
95 Residential Living Units @ $85.00 per Unit
Total Impact Fees&Charges $625,049.58 $234,888.17 $380,561.41
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $31,332.79
TOTAL(B) IMPACT FEES&CHARGES $234,888.171 1 $380,561.41
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $266,220.96
EXHIBIT B v11/01/01 Printed 05/11/04 4:09:00 PM Page 4 of 4
Account Number: 1340012833
Security Amount: $45,000.00
W.
ASSI.GNMENT:.::.:.;: ...
(Subdivision Agreement)
SECURITY FOR: Copperridge Estates, 1,1.0 hereinafter
called ASSIGNOR, whose principal place of business is
466 W. Fallbrook #110 Fresno, CA 93711
Street city State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all
right, title, and interest of whatever nature, of assignor, in,and to the insured account of
assignor in the California Bank & Trust , evidenced by Certificate of Dep-in the
amount of $ 45,000.00 number1340012833 which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the:account.by the Federal Deposit Insurance Corporation, and includes and
gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as
indicated above.at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given
as security for liability for Performance Security
Tract 5010 City of Fresno including
interest and penalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of California.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this 13th day of May , 20 04
ANNa Title of Assignor
RECEIPT FOR :N'OTI.CE:OF :A'S:SIGN.MENT°
Receipt is hereby acknowledged to the City of Fresno of the State of California of
written notice of the assignment to the City of the account identified above. We have noted
in our records the City's interest in the account as shown by the above assignment and have
retained a copy of this sheet. We certify that this account is fully insured by the Federal
Deposit Insurance Corporation and that we have received no notice of any lien,
encumbrance, hold, claim or obligation of the above-identified account prior to the
assignment to the City of Fresno. We agree to make payment to the City of Fresno upon
request in accordance with the Commercial Banking laws applicable to the institution.
Dated this 13th day of May , 20 04
California Bank & Trust 7060 N Fresno St Fresno, CA
Bank Name Branch Location City State
N eSUh f o�f��} icb�x�
Cie%��—i�,."�/�•
W AUTOMATICALLY RENEWABLE
•~- C B CALIFORNIAIBANK
U TRusT TRUST
LL
I-• U ISSUED AT Fresno Main OFFICE Frpsnn CA DATE 5-13-04
W (CITY OR TOWN) (STATE)
W u **Copperridge Estates, LLC/City of Fresno** 1340012833
UO (CUSTOMER NAME) (CUSTOMER NUMBER)
} w **Forty Five Thousand Dollars and no cents************* DOLLARS $*45,000.00** a
c
7) HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO OR ORDER UPON MATURITY =
Q W AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
O THE MATURITY OF THIS CERTIFICATE WILL BE 6-12-04 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS
RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY, OR (B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT.
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF .8 5 %PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE
PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN
INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK.
THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT
NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE
Dated this day of 20
By
Authorized Officer or Employee
Telephone Number
For any question concerning this assignment
transaction, please call upon the office of
the appropriate officer shown herein.
PAYMENT. OF FUNDS AND RELEASE OF ASSIGNMENT .
The City of Fresno hereby requests payment to be made to the City of Fresno in the
amount of $ from withdrawal of funds in that amount from the Deposit
Account identified in the above Assignment. Upon payment of such
amount to the City, the City authorizes to release to Assignor all. funds in the Deposit
Account in excess of $ and relinquishes all further right, title and interest of
whatever nature in the Deposit Account.
Dated 20
By
Authorized Officer or Employee
BJW:bjw
Assignment Form.wpd (Updated 05/14/2001)
�j AUTOMATICALLY RENEWABLE
CALIFORNIA BANK_
U Teusr TRUST
LJ.
E— U ISSUED AT Fresno Main OFFICE Frpsnn rA DATE 5-13-04
_ (CITY OR TOWN) (STATE)
W u **Copperridge Estates, LLC/City of Fresno** 1340012833
O (CUSTOMER NAME) (CUSTOMER NUMBER) fY
H **Forty Five Thousand Dollars and no cents************* DOLLARS $*45,000.00** a
c
co
a
HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO OR ORDER UPON MATURITY =
QU) AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
a/� O THE MATURITY OF THIS CERTIFICATE WILL BE 6-19-04 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
. Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS
RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY, OR (B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. -
�' SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF .85 %PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE r
PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN
INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK.
THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT
NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE
Dated this day of 20
By
Authorized Officer or Employee
Telephone Number
For any question concerning this assignment
transaction, please call upon the office of
the appropriate officer shown herein.
PAYMENT :OF FUNDS AND RELEASE O:F ASSIGN.M.ENT......11111
The City of Fresno hereby requests payment to be made to the City of Fresno in the
amount of $ from withdrawal of funds in that amount from the Deposit
Account identified in the above Assignment. Upon payment of such
amount to the City, the City authorizes to release to Assignor all. funds in the Deposit
Account in excess of $. and relinquishes all further right, title and interest of
whatever nature in the Deposit Account.
Dated 20
By
Authorized Officer or Employee
BJW:bjw
Assignment Form.wpd (Updated 05/14/2001)
Account Number: 1340012833
Security Amount:$45,000.00
ASSIGNMENT:.:. ,:. . ..
(Subdivision Agreement)
SECURITY FOR: Copperridge Estates, LLC hereinafter
called ASSIGNOR, whose principal place of business is
466 W. Fallbrook 4110 Fresno, CA 93711
Street. City State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all
right, title, and interest of whatever nature, of assignor, in and to the insured account of
_ assignor in the California Bank & Trust , evidenced by Certificate of Dep-in the
amount of $ 45,000.00 number1340012833 which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment carries with it the right in the
insurance of the.account by the.Federal Deposit Insurance Corporation, and includes and
gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as
indicated above.at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given
as security for liability for Performance Security
Tract 5010 City of Fresno including
interest and penalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of California.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this 13th day of May 20 04
Name 8, Title of Assignor
RECEIPT -FOR NOTICE:;OFA SIGNIVI
°
Receipt is hereby acknowledged to the City of Fresno of the State of California of
written notice of the assignment to the City of the account identified above. We have noted
in our records the City's interest in the account as shown by the above assignment and have.
retained a copy of this sheet. We certify that this account is fully insured by the Federal
Deposit Insurance Corporation and that we have received no notice of any lien,
encumbrance, hold, claim or obligation of the above-identified account prior to the
assignment to the City of Fresno. We agree to make payment to the City of Fresno upon
request in accordance with the Commercial Banking laws applicable to the institution.
Dated this 13th day of May 120 04
California Bank & Trust 7060 N Fresno St Fresno, CA
Bank Name Branch Location City State
By _-
N e of is
Bond Number: 2126706
Premium:Included in the Perfo ance
Bond
..........:::....::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SUSDIVIDEW: S PAYMENT. BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
_Copper Ridge Estates, LLC', A Califomia Limi t d Liability ron pane (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 . , and
identified as project Tract X65010 ,
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 Hundrpd Fi f ty Thousand
Five Himdred and dollars
($ 450.500.00** J, , 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 same 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 May 13 20 04
Copper Ri4ge Estates, LLC,
A Caja' is Limited LiW:tility Com any
By
�t
By:
Principal
Address of Surety
191 W. Shaw #109 Insurance Company of the Vest
Fresno, CA 93704 By:
. Roberta Voss Attorney-in-Fact
By:
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On ( L7 before me, Lyn Genito,Notary Public,
personally appeared Roberta Voss,
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within. instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)
acted,executed the instrument.
LY N GENITO WITNESS my hand and official seal.
COMM. #1390820
} " " NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
�Al KOPNMy Comm.Expires Jan.16,2007 ,
S natur notary
!F, a'_ OPTIQNAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA-iCw 24(7/00)
No. 0002608
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MATT DEFENDIS,LYN GENITO,STEPHEN E.HIGHLEY,JUSTIN SMIT,ROBERTA VOSS
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, .
and other similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this l6th day of January,2001.
4��ovvurro�r %NSUj? 9v 4A INSURANCE COMPANY OF THE WEST
�e<?`a�opPOMrFa�� o��opPOR�r�y� pct p G� THE EXPLORER INSURANCE COMPANY
SEAL z r y INDEPENDENCE CASUALTY AND SURETY
ecx�.+etr f ►y e0 c a a on COMPANY
cetrrmntts x/11 *Nd °�oM � tri
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego ss.
On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me 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.
M M .#1321341 COBB
COItiiM. n
U NOtARYPUkIC-CALiFOMIA W
�► "m SA81 DIEGO COUNTY
V Myy Comm ssron Expires
,. SE.>�TEMBER20;:20D5
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing, or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 13th day of Play 2004
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may cal 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
r�
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.
Bond Number: 21267o6
Premium: $15,840.00
:
THFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
Copper Ridge Estates, LLC, A California Limited Liability Coripany (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 , and
identified as project Tract No*. 5010
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Insurance Company of the 4dest , as
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal Sum of Eip-ht Hundred Fifty Six Thousand and N01100*************************
dollars ($ 856,000.00*** ***********) 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 May 13 , 2004
Copper Ridge Estates, LLC,
a Ca o is Limited Liability Company
By:
Principal
Address of Surety Insurance Company of the West
191 W Shaw 4109 By: L/w,
R erta Voss Attorney-in-Tact
Frenso, CA 93704
By:
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On , 3 before me, Lyn Genito,Notary Public,
personally appeared Roberta Voss,
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s),or the entity upon behalf of which the person(s)
acted,executed the instrument.
LYN GENITO
m COMM.#1390820 ; WITNESS m hand and official seal.
NOTARY PUBLIC-CALIFORNIA y
FRESNO COUNTY
IRN My Comm.Expires Jan.16,2007
LL� n
Si ature of ota
01
t :OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) .
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA-ICw 24(7/00)
No. 0002608
ICW GROUP
Power of Attorney
Innsurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MATT DEFENDIS,LYN GENITO,STEPHEN E.HIGHLEY,JUSTIN SMIT,ROBERTA VOSS
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
hi witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
4Ep0µPAMYQ�r �NSUgq c3gJpX37Y AAo�, INSURANCE COMPANY OF THE WEST
Qs� pppq�r y� e'4�oe°0q+r yo w p G� THE EXPLORER INSURANCE COMPANY
\aco Ea T a SEAL n 02 N K INDEPENDENCE CASUALTY AND SURETY
4+uecx j,j0% s9� ,om 0 2 Si COMPANY
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John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
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On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me 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.
MARY COBB
Comm.#1321341
U NOTARY PUBLIC-CALIFORNIA N (�
SAN OIEGO.COUNTY
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SEPTEMBER 20,2005
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorneys)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 13th day of Ilay 2004
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-11 11 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
TERRORISM COVERAGE DISCLOSURE
The Terrorism Risk Insurance Act of 2002 (the "Act") establishes a program under which
the Federal Government will share in the payment of covered losses caused by certain
acts of international terrorism. We are providing you with this notice to inform you of
the key features of the Act, and to let you know what effect, if any, the Act will have on
the premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of the statutorily established deductible for that year. The Act
also caps the amount of terrorism-related losses for which the Federal Government or an
insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change in coverage under the
attached policy or bond (or the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the terrorism coverage required by
the Act. The premium charge that is allocable to such coverage is inseparable from and
imbedded in the overall premium.