HomeMy WebLinkAboutT-5029 - Agreement/Covenant - 2/17/2005 City of
FR % '
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10524
SUBDIVISION AGREEMENT FOR TRACT NO. 502%
PHASE 1 OF VESTING TENTATIVE MAP NO. 5029/UGM
Subdivision Agreement
Tract No. 5029
Page 2
THIS AGREEMENT is made this dayof ocToQER ,2003,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and DC 5029 L.P., a California Limited Partnership, 2109 West Bullard, Suite 101,
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. 5029 (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.5029/UGM
. _ Subdivision Agreement
Tract No. 5029
Page 3
dated April 17, 2002 issued by the City and any amendments thereto(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 parses 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 October 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 October 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
r
Subdivision Agreement
Tract No. 5029
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 and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees for Tract No. 5029,"
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 Subdividers attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and watersupply. No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met and access is constructed with
approved street lighting on line and operational. 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
Subdivision Agreement
Tract No. 5029
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.
Subdivision Agreement
Tract No. 5029
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 the 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 :
a. CityDrawing Nos:[10-C-8342 through 1 OC-8374 with Water Job No.
4910(33 sheets)inclusive, 15-C-1 1240 through 15-C-11280(41 sheets)inclusive,
Drawing No. 4-C-711 through 4-0-713 (3 sheets) inclusive], unless specifically
omitted herein.
b. Fresno Metropolitan Flood Control District Drawing Nos: BZ-21-1
through BZ-21-7 (8 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
Subdivision Agreement
Tract No. 5029
Page 7
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute 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 .
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
Subdivision Agreement
Tract No. 5029
Page 8
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 fumished 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.
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 fumished. 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 retumed 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,
y. .
Subdivision Agreement
Tract No. 5029
Page 9
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 Subdividers agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials,provisions, and
other supplies used in, upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of Califomia,with respect to such work or labor, and shall file with the
S' •
Subdivision Agreement
Tract No. 5029
Page 10
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers,City-water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with
Public Works Standards shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
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.
Subdivision Agreement
Tract No. 5029
Page 11
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good,and unsuitable materials may be rejected,notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the
laying of an 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
Subdivision Agreement
Tract No. 5029
Page 12
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled,as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement,and the same shall bind and inure to the
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.
111
Subdivision Agreement
Tract No. 5029
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
DC 5029 L.P.
JON R. RUIZ, DIRECTOR a California Limited Partnership
PUBLIC WORKS DEPARTMENT
By: Team 5 Properties, Inc.
a California Corporation
as General Partner
By: ,
Michael T. Kim, P.E., Assistant Director
By:
Je eYo P sident
ATTEST:
REBECCA E. KLISCH
CITY CLERK
- a
d
By: �
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTIJ MONTOY
City Attorney
By:
Deputy
LR August 15,20M
Tract No. 5029/UGM
P.W. File No. 10524
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of
Trust recorded on Augwr.t 3n , 20_42_, in the office of the Fresno County Recorder,
Document No. 2nm-nl49n95 of which the Deed of Trust in by and between
Day4 i n7 CQ= ni ti enc. Tyir a ralifnrnia COX-poratuori , as Trustor,
Fidelity National Title r m=ani , as Trustee
and Califnrnia Rank & TniSt a California Rankin, CQ=0ration Beneficiary,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement for Tract No. 5029.
DATED: Septembe-r 29 20_x_
BENEFICIARY
By:
Richard J. AtUlno
Senior Vice President
By:
(Attach Notary Acknowledgement)
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On �S ptember 25, 2003 , before me, C.- A_ S„P11
a Notary Public in and for said County and State, personally
appeared Jerry A. DeYoung
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person' whose name(2) is/ard subscribed to
the within Instrument and acknowledged to me that
he/s,pefthj f'executed the same in his/herfiFjetr FAARC.A.SNELL
authorized capacityW,, and that by his/W/tth eir 4 COMM.#1312117
cj
signature on the instrument the erson NOTARY PUBLIC CALIFORNIA
g p (ay, Or FRESNO COUNTY
the entity upon behalf of which the perso a My Corlun.Expires July 30,2005
acted, executed the instrument.
WITNESS my hand offi 'al s al.
Signature
STATE OF CALIFORNIA,
COUNTY OF Fresno } S.S.
On September 29, 2003 , before me, C. A. Snell
a Notary Public in and for said County and State, personally
appeared Richard J. Audino
personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP
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 C. A.SNELL
authorized capacity(ies), and that by his/her/their COMM. #1312117
signature(s) on the instrument the person(s), or NOTARYPUBLIC-CALIFORNIA
the entity upon behalf of which the person(s) ~ FRESNO COUNTY
My Comm.Expires July 30,2005 6
acted, executed the instrument. vv-vvvsi
WITNESS my hand d ial a I.
Signature
v
TE 160 Legal(2-94)
This form is furnished by Chicago Title Company
y. .
EXHIBIT A Subdivision Agreement for Tract 5029
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $554,320
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $363,520
Street Construction Cost Estimate $3,7831243,
Final Cost Estimate(for Inspection Fee purposes) $4,701,08311
775 Landmarks, Monuments, Lot& Block Corners($50/ea) $38,750
Sub-Total(for bonding purposes) $4,739,833
Construction Contingency(10%) $473,983
TOTAL COST ESTIMATE*
(for improvement securities purposes) IF- $51213,8161 $5,214,0001
*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 $4,953,000
5%of amount shall be in cash or a Certificate of Deposit $261,0001
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 $2,607,0001
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans (Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100%of amount shall be in cash or a Certificate of Deposit �- $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3%of next$50,000 $2,000
1%of next$400,000 $4,000.
0.5%of amount over$500,000 $23,600
Minimum amount $32,600]
EXHIBIT A v4/28/00 Prepared By: Rick Date: 08/08/03 Print Date:08/08/03 1:18:35 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-5029
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
50 Final Cost Estimate<_S1OK na
(11.52%;$600 minimum fee)
SO Final Cost Estimate>$10K- $500K na
($4836+3.25%of amount over$10K)
54 701 083 Final Cost Estimate over$500K 5193 037.40
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement 550 281.00
Less Inspection Fees paid with Early Street
Construction Agreement 50.00
Inspection Fee $142,756.401 $142,756.
2. MONUMENT CHECK FEE
291 Lots and Outlots a 00 per Lot $8,730.00158 730.00
(Min$200)
3. STREET SIGNS
32 Street Name Sign sets @ 173.00 per set 5 538.001 $5,536.001
16
Warning/Regulatory signs ® 577.00 sign $1,232,001 51 232.00
4. STREET TREES
OO City installed(15-ga{lon)Street Trees ® 5129.00 per Tree na �_l
115 Inspection Fee(when planted by subdivider) ® 530.00 per Tree 3 450.00 $3 450.00
580 Trees by Covenant(Resolution 98-129;2 trees1w 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)
®Lots(anticipated maintenance coat) @ 74 per Lot 565 754.80
Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
290 assessment district proceedings a 00 min) 51 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @®LS 5305.00
Total 567 559.80 $67,559.60
236.74 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
OLineal I" ® ®per LF 0 nal
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freewa 41/Fdant Road/Herndon Corridor
78.7721 Adjusted Gross Acres @ 250.00 per AG Ac 19 693.03 $19.693.03
TOTAL MISCELLANEOUS FEES&CHARGES $248,957.03 $248,957.03
EXHIBIT B 01101101 Printed 09/1003 11:44:55 AM Pape 1 of 5
EXHIBIT B Subdivision Agreement for T-5029
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
78.7721 Gross Acres
69.8434 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
290 Units(residential)
R-1 Zoning
m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
BZ FM FCD Drainage Area
78.9235 Acres per FMFCD @ 9 120 per Acre 1719 782.00
Less Estimated Construction Credits 5500 000.00
Local Drainage Fee $219,782.001 $219 782.00 (B1)
(12111)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: I Millbrook Both sides 260 000 SF
Frontage: 10lympic Both sides 60 000 SF
Frontage: 1 Olympic One side 30,000 SF
Total Square Feet 350 000 F
350 000 SF; sub-total Lateral Sewer Charge @ $0.10 per SF 35 000.00
Less estimated Lateral Sewer Charge Credits 0.00
Lateral Sewer Charge 1 $35 000.00 $0.00 35 000.00
(b)Oversize Sealer Charge
43 UGM Reimbursement Area
Frontage: Millbrook Both sides 470,0W,SF
Frontage: Millbrook One sidell 24,500 SF
Frontage: Copper 90,000 SF
Frontage: Olympic (Barth skies 60,000 SF
Frontage: Olympic (One side 30,000 SF
Total Square Feet r-6-7-4-5-00 ISF
874 500 SF;sub-total Oversize Sewer Charge @ 0.05 per SF $33 725.00
Less estimated Oversize Credits $0.00
Less estimated Overdepth Credits 0.00
Oversize Sewer Charge 1 $33,725.001 $0.00 $33 725.00
(c)Trunk Sewer Charge
Hemdon Trunk Sewer Service Area
2901 Units @96.00 per Unit143 840.00 $143.840.001
(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)
EXHIBIT B v11r01r01 Printed 09/10/03 11:44:55 AM Page 2 of 5
EXHIBIT B Subdivision Agreement for T-5029
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(e) Serer Capacity Enhancement Charge
Herndon I Trunk Sewer Service Area
290 Units ® $873.00 per Unit 6253 170.00 6253 170.00
( Co r�ntiureaSewer Lift Station Benefit Service Area Charge
650 00 per Unit 6188 500.00 0.00 6188 500.00
3. WATER CONNECTION CHARGES
(a)Time 3 Material Charges("Wet-Tie")
2003 0206 Estimate Number
4910 Water Job Number
Estimated Deposit(FMC 14-111-t) 1 $115.400.001 $0.001(133)
(133) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
260 1"Meters to existing services ® 320.00 each 83 200.00 $0.00 $83,200.00
30 1-1/2"Meters to existing services ® $470.00 each $14100.00 $0.00 $14 100.00
(b2)Landscape Service Connection Charges
712'Meters to existing services ® $620.00 each 340.001 $4 340.00
(c)Frontage Cha e
Frontage: lKillbrook 3501 LF
Frontage: [Olympic 300 LF
Sub-Total Lineal Feet(%rate) 650 LF
650 LF; sub-total Frontage Charge(%rate) ® $3.25 per LF $2112.50
Sub-Total Frontage Charge $2112.50
Less estimated Frontage Charge Credits 50.00
Frontage Charge $2112.50 50.00 $2 112.50
(d)Fire Hydrant Charge
2,329,725 SF;residential zoning 75 per 100 SF 517 472.94 $17,472.94
(a)Transmission Grid Main Charge
A�UGM Reimbursement Area
78.7721 Gross Acres 5560.00 per Gr Acre 112.38
Less Estimated TGM Construction Credits F $124 105.50
Transmission Grid Main Charge -$79,993.121 $0.00 Paid w/Credits
( Transmlasion Grid Main Bond Debt Service Charge
78.7721 Gross Acres 243.00 per Gr Acre 519141.62
Less Estimated TGM Bond Debt Service Charge Credits 50.00
Transmission Grid Main Bond Debt Service Charge $19141.62 $0.00 519141.62
( UGM Water Supply Fee
101 s Supply Well Service Area
290 1 Living Units(residential) ® 5397.00 per Unit 5115130.00
UGM Water Supply Fee $115.130.001 1 $115 130.00
EXHIBIT B v11101101 Printed W10100 11:41:55/1M Pape 3 of 5
r•.
EXHIBIT B Subdivision Agreement for T-5029
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(h Well Head Treatment Fee
101 Well Head Treatment Service Area
290 Living Units(residential) ® 50.00 per Unit 50.00
Less Estimated Well Head Treatment Fee Construction Credits 50.00
Well Head Treatment Fee 50.00 $0.00
(i)Recharge Fee
101 Recharge Service Area
290 Living Units(residential) ® 50.00 per Unit 50.00
Less Estimated Recharge Fee Construction Credits
Recharge Fee $0.00 50.00
(f 1994 Bond Debt Service Fee
101 1894 Bond Debt Service Fee Service Area
290 1 Living Units(residential) ® 895.00 per Unit 1259 550.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits 50.00
1894 Bond Debt Service Fee $259,550.00 $0.00 5259 550.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a
UG�T FEE
21
Fire
Station
Station Service Area
78.7721 Gross Acres ® S1 388.00 per Gr Acre 5109 335.67 $0.00 5109 335.87
(b UG BORHOOD PARK FEE
7 Neighborhood Park Service Area
78.7721 Gross Acres ® 1 680.00 per Gr Acre 5133124.85 $0.001 $133 124.85
(c)UGR STREET CHARGE
F Major Street Zone
69.8434 Adjusted Gross Acres ® 2500.00 per AG Ac 174 808.50
Less Estimated Major Street Charge Construction Credits 5307 852.00
Major Street Charge 1 4133 243.50 50.00 Paid w/Credits
(d)UGR STREET BRIDGE CHARGE
F Major Street Bridge Zone
69.8434 Adjusted Gross Acres ® 550.00 per AG Ac 482.17
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 1 $3,492.1710.00 $3,492.17
(e UGL M TRAFFIC SIGNAL CHARGE
88.8434 Adjusted Gross Acres ® 5860.00 per AG Ac 085.32
Less Estimated Traffic Signal Charge Construction Credits 5226 000.00
Treffic Signal Charge -$185 934.88 50.00 Paid w/Credits
EXHIBIT B v11101101 Printed 08/10103 11:44:55/1M Pape 4 of 5
r �
f
EXHIBIT B Subdivision Agreement for T-5029
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
69.8434 Adjusted Gross Acres ® 50.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits 50.00
Grade Separation Charge 50.00 $0.00 50.00
( UGK SEWER FEE
Trunk Sewer Service Area
89.8434 Adjusted Gross Acres ® S0.00 per AG Ac na
Less Trunk Sewer Fee Credits 50.00
Trunk Sewer Fee 0,00 $0.00 50.00
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
89.8434 Adjusted Gross Acres 50.00 per AG Ac na $0.00 $0.00
S. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northeast Fresno Service Area
209 Residential Living Units ® 585.00 per Unit
Total Im ct Fees&Charges $1,271,245.45 $753,734.94 $881,281.81
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES 3 CHARGES 1 $248,957.03
TOTAL(B) IMPACT FEES 3 CHARGES 1 $753,734,941 5881 281.81
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $1,002,691.97
EXHISn'S v1110U01 Printed 09/10103 11:44:55 AM Pape 5 or 5
Bond Number:5 6 5 915 S
Premium: Incl in perf bond
.:::::. ....... .......................:::::::
5U C 11 [4ER' ............................... E11 T 80,
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
DC 5029 L.P. (hereinafter
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
, 20_aa_, and
identified as project TRACT 5029
is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City
of Fresno to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said principal and the undersigned as corporate surety, are held
firmly bound unto the City of Fresno and all contractors, subcontractors, laborers, material
men and other persons employed in the performance of the aforesaid agreement and referred
to in the aforesaid Code of Civil Procedure in the sum of
TWO MILLION SIX HUNDRED SEVEN THOUSAND--- dollars
($_2,6 0 7, 0 0 0. 0 0), 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.
Subdividers Payment Bond
(Subdivision Agreement)
Page 2
In witness whereof,this instrument has been duly executed by the principal and surety above
named, on SEPTEMBER 25 _, 2003
DC 5029 L.P.
By. TE Ari 5 PAAA21 .1 iE s , iN G .
kN&V u P/*A-r,- iI L
By:
JL&�
Principal
Address of Surety
P.O. BOX 19725 DEVELOPERS SURETY AND INDEMNITY
COMPANY
IRVINE, eA 92623 By:
By:
WAYNE MB, ATTORNEY-IN-FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On September 25,2003 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
his/her/their authorized capacity(ies), and that by his/herAheir
` CYNTHIA SAUCEDA signature(s)natures on the instrument the
COMM.#1251701 0o g ( ) person(s), or the entity upon
T NOTARY PUBLIC-CALIFORNIA M behalf of which the person(s) acted, executed the instrument.
M PRINCIPAL OFFICE IN
M FRESNO COUNTY
My Commission Exp.Feb.24,2004 ITNESS rr)y hand an OR
ficial seal.
Signature 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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner-0 Limited El 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 Atiorney(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 Atiorney(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
Atlorney(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 Attornev or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing 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 81b day of January,2(X)2.
By: AN
. D ?AN V
/iy� MO
David H.Rhodes,Executive Vice President ;'�J • P0R GO PO
y Oft qr•,?dy% GOP R q Ci
OCT. <� 2 TQy�
../C/ ?W i 10 :n OCT.5
0 1936 ;o. us 1967
> :3=
By.
Walter A.Crowell. Secretary ,x���'%.OWP,•P*aaa'�� O� �q</FOP
�\Pa�
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8,2(102,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 instniment.
WITNESS my hand and official seal. ANTONIO ALVARADO
��ka;o
COMM.#1300303
p Notary Public California
♦
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 2 5THday of SEPTEMBER 2003
vd•
By
David G.Lane,Chief Operating Officer
ID-1380(01/02)
4
• f
•, U Lf 1JL�] .
z 'CO
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
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
w,ww.inscodico.com
• Bond Number: 565915S
Premium:
...
..:,...... . AMTHF#J .......... ERF.C) II ►NC 'S ND... .. . . .
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
DC 5029 L P (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
20 o3 • and
identified as project TRACT 5 0 2 9 ,
is hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement to furnish a
bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNW. IEN
surety, are held and firmly bound unto the City of resno, (hereinafter called "City"), in the
penal Sum of FOUR MILLION NINE HUNDRED FIFTY THREE THOUSAND-
dollars ($ 4, 953, 000.0 0 ) 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 its
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.
t
Faithful Performance Bond
(Subdivision Agreement)
Page 2
In witness whereof, this instrument has been duly executed by the principal and surety above
named, on SEPTEMBER 25 , 20_0_,_.
DC 5029 L.P.
By: TE4M S fAWK- UE.S j-1-4f.
(VLOW
By:
Principal
Address of Surety DEVELOPERS SURETY AND INDEMNITY
COMPANY
P.O. BOX 19725 By:
IRVINE, CA 92623 By.
WAYNE AMB, ATTORNEY-IN-FACT
Surety Acknowledgment by attorney-in-fact must be attached.
Bond Form.wpd
Revised 05/14/2001
'CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On September 25,2003 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
..cam his/herAheir authorized capacity(ies), and that by his/herAheir
°;'� CYNTHIA SAUCEDA signature(s) on the instrument the person(s), or the entity upon
_�' COMrrl.#1251701 03 behalf of which the person(s) acted, executed the instrument.
m ® -o NOTARY PUBLIC-CALIFORNIA 03
PRINCIPAL OFFICE IN
FRESNO COUNTY �°
m TN SS m hand andVicial seal.
IL My Commission Exp.Feb.24.2004
Signature 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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- Limited ❑ 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 Altorney(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 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 bearing 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.�NO,, ?ANY
O
David H.Rhodes,Executive Vice President :�hJ.4�9Y0R4*-*y.,' �G�PP0,9 0
n c,.' OCT. OCT.S
, u�i 7
By 196
Walter A.Crowell, Secretary
7�0.,!OWp,..*�aa,.•' o2i meq(/FOFta\Pa
11'
.... ......
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
L���'" L Notary Public California
i 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 2 5THday of SEPTEMBER 2003
By
David G.Lane,Chief Operating Officer
ID-1380(01102)
�0
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