HomeMy WebLinkAboutT-5067 - Agreement/Covenant - 2/10/2005 .T r {/)-
• Recording Reruestod by IIII III III I III II IN 11111111111111111111111111111
City Clerk, Fresno, California FRESNO County Recorder
No Fee-cost. Code 6103 Robert C, Werner
Return to City Clerk, Fresno D0�_ 2004_0083341
Acct 2-Chicago Title Company
Friday, APR 16, 2004 08:00:00
Tt! Pd $0.00 Nbr-0001450729
rgr/R7/1-26
City of
MC�Ikll w�,
ilrZium IF
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559) 621-8650
P.W. File No. 10596
SUBDIVISION AGREEMENT FOR TRACT NO. 5067
Includes "ADDENDUM TO THE SUBDIVISION AGREEMENT"
FOR RIGHT-OF-WAY ACQUISITION
Subdivision Agreement
Tract No. 5067
Page 2
IL
THIS AGREEMENT is made this 3C-V day of %16 e-k ,2004,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the "City," and BH 5067 L.P., a California Limited Partnership, 2109 West Bullard, Suite 133,
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. 5067 (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.5067/UGM
Subdivision Agreement
Tract No. 5067
Page 3
dated July 9, 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 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 April 30, 2006, 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 April 30, 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
C
Subdivision Agreement
Tract No. 5067
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. 5067,"
per Resolution No. 98-129 requirements for 50 and 54-foot local street
patterns.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met. No occupancy permit shall be
issued until all Fire Department requirements for occupancy have been met.
The issuance of any occupancy permits by the City for dwellings located
within said subdivision shall not be construed in any manner to constitute
an acceptance and approval of any or all of the streets and improvements
in the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements(including
street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
C
Subdivision Agreement
Tract No. 5067
Page 5
2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
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
Subdivision Agreement
Tract No. 5067
Page 6
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
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 fencingtwalls, landscaping and irrigation
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation Plans, Grading Plans), within the Landscape Easement area required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdivider's obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing
to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser, a
Notice of Special Tax in accordance with the provisions of Section 53341.5 of the
California Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:[10-C-8498 through 10C-8510with WaterJob No.
4948(13 sheets)inclusive, 15-C-11563 through 15-C-11578(16 sheets)inclusive,
Drawing No. 4-C-754 through 4-C-756 (3 sheets) inclusive], unless specifically
omitted herein.
ii. Fresno Metropolitan Flood Control District Drawing Nos: CZ-41-1
through CZ-41-6 (6 sheets) inclusive, unless specifically omitted herein.
Subdivision Agreement
Tract No. 5067
Page 7
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions,the total fees and charges due as a condition of
Final Map approval. The total fees and charges are more particularly itemized and made
a part of this agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B,°the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements .
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.
i
Subdivision Agreement
Tract No. 5067
Page 8
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100% of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
L 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
Subdivision Agreement
Tract No. 5067
Page 9
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the 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
Subdivision Agreement
Tract No. 5067
Page 10
Insurance Act of the State of California, with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with
Public Works Standards shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
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
Subdivision Agreement
Tract No. 5067
Page 11
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the
laying of an 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
Subdivision Agreement
Tract No. 5067
Page 12
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may, without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine,and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
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.
s
Subdivision Agreement
Tract No. 5067
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation B I4
DC 5067 L.P.
JON R. RUIZ, DIRECTOR a California Limited Partnership
PUBLIC WORKS DEPARTMENT
By: Bonadelle Homes, Inc.
a California Corporation
as General Partner
By: A4—j1
Michael T. Kim, P.E., Assistant Director
By: 04
ATTEST: n A.
J Bonadelle, President
REBECCA E. KLISCH
CITY CLERK
By: a
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By: 6�
Deputy
FORM Subdivision Agreement v10-03-03
LR March 5,2004
P
STATE OF CALIFORNIA,
COUNTY OF
Fresno } S.S.
On March 10, 2004 before me, Anna M. Renna
a Notary Public in and for said County and State, personally
appeared John A. Bonadelle
personally known to 'Me FOR NOTARY SEAL OR STAMP
GtQFy evident; to be
the person(A) whose name(4) is/aw subscribed to
the within instrument and acknowledged to me that
he/ehe#hey executed the same in his/herltheir- �v►�M�. ANNA M.RENNA
authorized capacity(iec), and that by his/her,*iaif- H 3' = COMM.#1433198 cO
signature() on the instrument the person(I), or Cr. ` NOTARYFRESNO COUAlORNIA N
NTY
the entity upon behalf of which the person(if) My Comm.EXP.Aug.30,2007
acted, executed the instrument.
WITNE S m Oand and cial se
Signatu
STATE OF CALIFORNIA,
COUNTY OF } S.S.
On , before me,
a Notary Public in and for said County and State, personally
appeared
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
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.
Signature
TE 160 Legal(2-94)
This form is furnished by Chicago Title Company
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 1, 2004 before me, Elvia Sorrnerville, Deputy City Clerk
personally appeared Michael T. Kirn, P.E. , Assist. Public Works Director
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
persons(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(s)the person(s),or the entity upon behalf of the CITY OF FRESNO
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH, CMC
CITY CLERK
ByYL L bt�/�t/ CLti J
DEPUTY
EXHIBIT A Subdivision Agreement for Tract 5067
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $210,275
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $142,944
Street Construction Cost Estimate $1,079,494
Final Cost Estimate(for Inspection Fee purposes) $1,432,71311
254 Landmarks, Monuments, Lot& Block Comers($50/ea) $12,700
Sub-Total (for bonding purposes) $1,445,413
Construction Contingency(10%) $144,541
TOTAL COST ESTIMATE*
(for improvement securities purposes) $1,589,954 $1,590,000
*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 $1,511,000
5%of amount shall be in cash or a Certificate of Deposit $80,000
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 $795,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100%of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3%of next $50,000 $2,000
1%of next$400,000 $4,000
0.5%of amount over$500,000 $5,500
Minimum amount $14,500
EXHIBIT A v4/28/00 Prepared By: Rick Date: 03/02/04 Print Date:03/02/04 1:41:12 PM Page 1 of 1
EXHIBIT B Subdivision Agreement for T- 5067
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(11.52%;$600 minimum fee)
$0 Final Cost Estimate>$10K<$500K na
($4836+3.25%of amount over$10K)
$1 432 713 Final Cost Estimate over$500K $59,034.23
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $20,420.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $38,614.231 $38,614.23
2. MONUMENT CHECK FEE
120 Lots and Outlots @ $30.00 per Lot $3,600.00 $3,600.00
(Min$200)
3. STREET SIGNS
0 Street Name Sign sets Q $173.00 per set $1 557.00 $1 557.00
0 Waming/Regulatory signs Q $77.00 sign $231.00 $231.00
4. STREET TREES
City installed(15-gallon)Street Trees Q $129.00 per Tree na nal
10 Inspection Fee(when planted by subdivider) Q $30.00 per Tree $300.00 $300.00
Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6
Lum Sum Charge as established by Public Works Director na nal
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
120 Lots(anticipated maintenance cost) Q $31.45 per Lot $3 774.00
120 assessment districtproceedings v Q $0.00 6n) $2 300.00
Lum Sum Landscape area Field Inspection Fee-Parks aQ $305.00 LS $305.00
Total $6,379,0701 $6,379.00
$0.00 Estimated assessment per Lot(information only)
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
0.0000 Adjusted Gross Acres Qa $250.00 per AG Ac $0.00 $0.00
TOTAL MISCELLANEOUS FEES 8 CHARGES $50,681.23 $50,681.231
EXHIBIT B v11/01/01 Printed 03/10/04 2:27:30 PM Page 1 of 5
EXHIBIT B Subdivision Agreement for T- 5067
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
27.2836 Gross Acres
26.3203 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
120 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CZ FMFCD Drainage Area
26.3202 Acres per FMFCD @ $3,310 per Acre $87 120.00
Local Drainage Fee $87,120.00 $87,120.00 (B1)
(81)All or portion of fee obligation satisfied pursuant to FMFCD agreement.
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
0 SF; sub-total Lateral Sewer Charge @ $0.10 per SF
(b Oversize Sewer Charge
1 UGM Reimbursement Area
Frontage: N.Willow Avenue 42 700 SF
Frontage: E.Alluvial Avenue 33 000 SF
Total Square Feet —75.7 0-0SF
75,700 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $3,785.00
Less estimated Oversize Credits $4 077.50
Less estimated Overdepth Credits $6 524.00
Oversize Sewer Charge $0.00 $0.00 Paid w/Credits
(c)Trunk Sewer Charge
Herndon Trunk Sewer Service Area
1201 Units @ $498.00 per Unit $59,520.00 $59,520.00
(d)Wastewater Facilities Charge
Units@ $2,119.00 per Unit $2,119.00 $2 119.00
To be paid with Subdivision Agreement for exsisting home located on lot 120.
Fee to be paid for remainder of lots at the
rate in effect at time of issuance of building
permit. The fee rate currently in effect is
$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
Hemdon Trunk Sewer Service Area
120 Units @ $873.00 per Unit $104,760.00 $104,760.00
( Copper Avenue Sewer Lift Station Benefit Service Area Char�e
0 Units @ $650.00 per Unit $0.00 $0.00 $0.00
EXHIBIT B 01/01/01 Printed 03/10/04 2:27:31 PM Page 2 of 5
EXHIBITIS Subdivision Agreement for T- 5067
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2003 0910 lEstimateNumber
4948 1 Water Job Number
Estimated Deposit(FMC 14-111-f) $6,000.001 $0.00 (83)
(83) Deposit paid with Early Construction Agreement
(b1)Service Connection MeersCrsetoexisting services @ $470.00 each ting services @ r $320.070 each r---$3$470 00 $470.00 ` $38.080001$0.00
(b2)Landscape Service Connection Charges
2 2"Meters to existing services @ $820.00 each $1 240.00 $1,240.00
(c)Frontage Charge
0 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF na
(d Transmission Grid Main Charge
A UGM Reimbursement Area
27.2836 Gross Acres @ $560.00 per Gr Acre $15,278.82
Less Estimated TGM Construction Credits F7157,217.00
Transmission Grid Main Charge $0.00 $0.00 Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
27.2836 Gross Acres @ $243.00 per Gr Acre $6 629.91
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge $6,629.91 $159.26' $6,470.675
( UGM Water Supply Fee
101s I Supply Well Service Area
120 Living Units(residential) @ $397.00 per Unit $47 640.00
Less Estimated UGM Water Supply Fee Construction Credits $0.00
UGM Water Supply Fee $47 640.00 $47,640.00
( Well Head Treatment Fee
1 011 Well Head Treatment Service Area
120 Living Units(residential) @ $0.00 per Unit
(h)Recharge Fee
1011 Recharge Service Area
120 1 Living Units(residential) @ r $0.001 per Unit $0.00
(i)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
1201 Living Units(residential) @ $895.00 per Unit $107,400-001
Less Estimated 1994 Bond Debt Service Fee Construction Credits $0.00
1994 Bond Debt Service Fee $107,400.001 $895.00 ' $106 505.00
EXHIBIT B v11/01/01 Printed 03/10/04 2:27:31 PM Page 3 of 5
a<
` EXHIBIT B Subdivision Agreement for T- 5067
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a UG�STATION FEE
13 Fire Station Service Area
27.2836 Gross Acres @ $251.00 per Gr Acre $6,848.18 $164.51 ' $6 683.67
(b UG�HBORHOOD PARK FEE
7 Neighborhood Park Service Area
27.2836 Gross Acres @ $1 690.00 per Gr Acre $46,109.28 $1 107.63 ' $45 001.85
(c)UGM MAJOR STREET CHARGE
F Major Street Zone
26.3203 Adjusted Gross Acres @ $2,500.00 per AG Ac $65,800.75
Less Estimated Major Street Charge Construction Credits $129,045.00
Major Street Charge $0.00 $0.00 113aid w/Credits
(d UGM STREET BRIDGE CHARGE
F Major Street Bridge Zone
26.3203 Adjusted Gross Acres @ $50.00 per AG Ac $1 316.02
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $1,316.02 $31.62 ' $1.284.401
(e UGM TRAFFIC SIGNAL CHARGE
26.3203 Adjusted Gross Acres @ $860.00 per AG Ac $22,635.46
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $22,635.46 $543.78 ' $22,091.68
( UGE SEPARATION CHARGE
Grade Separation Service Area
26.3203 Adjusted Gross Acres @ $0.00 per AG Ac na
( UGM TRUNK SEWER FEE
Trunk Sewer Service Area
26.3203 Adjusted Gross Acres @ $0.00 per AG Ac na
(h OVERLAY SERVICE AREA
Millbrook Overlay Service Area
26.3203 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
119 Residential Living Units @ $85.00 per Unit
I-�J Unit @ $85.00 per Unit $85.00 $85.00
To be paid with Subdivision Agreement for exsisting home located on lot 120.
EXHIBIT B 01/01/01 Printed 03/10/04 2:27:31 PM A ` Page 4 of 5
�.y df
EXHIBIT B Subdivision Agreement for T- 5067
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
Total Impact Fees&Charges $535,768.85 $305,855.80 $226117.05
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES 1 $50,681.23
TOTAL(B) IMPACT FEES&CHARGES 1 $305,855.80 $226,117.05
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $356,537.03
EXHIBIT 8 v11/01101 Printed 03110/04 2:27:32 PM Page 5 of 5
ADDENDUM TO SUBDIVISION AGREEMENT
(RIGHT-OF-WAY ACQUISITION)
WHEREAS,this is an addendum("Addendum")to a subdivision agreement("Agreement')
entered into pursuant to the Subdivision Map Act, specifically, Government Code Section 66462,
affecting the Final Map of Tract No. 5067 ("Final Map"); and,
WHEREAS, Revised Vesting Tentative Map No. 5067/UGM, as approved by the City of
Fresno ("Tentative Map") is a single family residential subdivision; and,
WHEREAS, the City of Fresno approved the project subject to certain conditions of
approval, which conditions required several public improvements in order to mitigate the impacts
of the project upon urban infrastructure and physical environment; and,
WHEREAS, in order to approve the Final Map, the Fresno City Council,as the Legislative
Body approving final maps under the Map Act, must find the final map is in substantial compliance
with the tentative map; and,
WHEREAS, the Agreement pertains to subdivision improvements not completed and
accepted at the time of approval of the Final Map; and,
WHEREAS, this Addendum pertains specifically to the street improvements beyond the
limits of the Final Map required in the Tentative Map conditions, which require the Subdivider to
develop the infrastructure of, and dedicate the right-of-way for, certain public streets that will
directly or indirectly serve the project; and,
WHEREAS, with respect to such street improvements required to be developed and
dedicated, neither the Subdivider nor the City has sufficient title or interest at the time of final map
filing to permit the improvements to have been completed prior to final map filing; and,
WHEREAS, the Subdivider has notified the City (through the Public Works Director or
Planning and Development Department Director) of the Subdivider's inability to acquire the
necessary easements and rights-of-way by negotiation, and has requested City to use its best
efforts to acquire the necessary easements at Subdivider's expense; and,
WHEREAS, the City of Fresno desires to proceed with the acquisition of the necessary
easements for the required public right-of-ways, at the expense of the Subdivider.
' •9J Y
Addendum to Subdivision Agreement
Tract No. 5067
Page 2
NOW THEREFORE IT IS AGREED between Subdivider and City as follows:
1. Subdivider shall be responsible for the entire cost of acquiring the necessary easements,
including, but not limited to the fair market value of the easements, legal fees, non-legal
staff time, appraisal fees, any necessary court costs.
2. Subdivider shall initially deposit, upon execution of this agreement,the sums set out in the
paragraph below captioned, "Summary of Initial Deposit". Such sums shall be utilized by
the City to acquire the necessary easement and right-of-ways. If the initially deposited
funds are less than the actual full cost to acquire all necessary rights-of-way, the
Subdivider shall remit to the City such additional sums as may be required from time to
time to conclude the matters, such further payments to be made within ten(10)days of the
mailing to the Subdivider of a notice requesting such additional funds. The notice shall
state what costs have been incurred to date, what additional costs are anticipated; and
how the City intends to apply these additional deposits. Subdivider's dissatisfaction with
the adequacy or sufficiency of the notice for any reason shall not excuse Subdivider from
any duty or obligation, including the obligation to deposit additional sums. If deposited
sums exceed the actual full cost to acquire the subject rights-of-way, then at the
conclusion of acquisition, City shall refund the difference as soon as the City determines
the amount of such excess.
3. Subdivider shall have the option of providing timely appraisal and title reports from
qualified and reputable appraisers and title companies, subject to approval of the City
Attorney, in lieu of deposit of appraisal and title report fees.
4. Subdivider acknowledges that the initial cash deposits are estimates only and may
increase if City's acquisitions costs related to any City efforts to acquire the property
increase. Subdivider agrees to pay all proper and necessary charges incurred or paid by
City in pursuing the acquisition of the subject property. City incurs no liability for its failure
to accurately or properly estimate the actual costs incurred in the condemnation action.
5. If Subdivider fails to pay the sums stated in the notice to deposit by the date prescribed,
the City shall have the following remedies in addition to any other remedies available to
it under law or in equity:
a. Subdivider shall have waived and in such event does hereby waive all his
development entitlements to build the subject project, and City may summarily
revoke any and all permits issued to build such project
b. City may, in its sole discretion, elect to terminate any acquisition proceedings
commenced pursuant to this agreement. If City so elects, Subdivider shall
Addendum to Subdivision Agreement
Tract No. 5067
Page 3
indemnify and hold City harmless from any and all costs, fees, damages and
expenses incurred as a result of the proceedings and the termination and
abandonment thereof.
C. In the alternative, City may, in its sole discretion, allow the project to proceed and
treat all costs incurred pursuant to this agreement as a debt due and owing to the
City. In this event, the sums so demanded in the notice to deposit shall be
presumed to be proper, necessary and correct for continued proceedings to
acquire the easements. Upon the failure of Subdivider to make timely and full
deposit, as required by the notice, City shall collect interest on the amount
demanded, to the extent the amounts reflect cost actually incurred, and upon any
amounts thereafter incurred, at the rate of ten (10) percent per annum until paid.
In any action brought by the City as the result of Subdivider's failure to timely and
fully deposit the amounts demanded, City may recover its reasonable attorney's
fees and litigation costs.
6. It is anticipated that it may be necessary for City to exercise its powers of eminent domain
in order to acquire the necessary public right-of-way easements. Any determination to
proceed with eminent domain will be made by the City Council of the City of Fresno, upon
necessary findings. The City Council does not make any representations, guarantees or
warranties, nor commits under this agreement, that it will exercise any of its authority or
powers of eminent domain.
7. In the event eminent domain proceedings are commenced, prior to the date of any
settlement conference set by the superior court in the eminent domain proceedings,
Subdivider shall be given notice and an opportunity to participate in any decision to settle
the acquisition proceedings if the proposed compensation exceeds the opinion of value
established by the City's appraisal or the property owner's appraisal. However, such
participation shall be limited to advising City staff where the giving of such advice does not
interfere with, restrict, delay or impede the City Attorney in the prosecution or compromise
of the condemnation proceedings, as she deems necessary and appropriate in the
exercise of her sole professional judgement and discretion.
8. Subdivider agrees that, if for any reason the City determines it necessary to assign the
City's rights and responsibilities under this task to the County in order for the offsite road
conditions to be implemented, the City may do so with written notice to Subdivider. Upon
such assignment, all references to statutorily required actions on the part of the City in
connection with eminent domain proceedings shall be construed to mean those same
actions or legal equivalents on the part of the County. The Subdivider's responsibilities
remain unchanged.
Addendum to Subdivision Agreement
Tract No. 5067
Page 4
9. Compliance with the terms and conditions of this agreement is a condition of approval of
any and all UGM subdivision map projects which are the subject of the principal agreement
to which this ancillary agreement is a part.
10. Subdivider agrees that the Final Map shall be deemed filed as of the date the City Council
finds the Final Map in substantial compliance with the tentative map and approves the
same.
11. Subdivider acknowledges that, by execution of the Agreement, including this Addendum
and the City's acceptance of the Final Map, Government Code Section 66462.5 is
inapplicable to this subdivision.
12. Subdivider acknowledges that the tentative map approval was expressly conditioned upon
the street improvement and right-of-way being provided as project mitigation. Nothing
herein shall constitute as a waiver by the City of its police power or of its authority to
protect the public against adverse development project impacts. Nothing herein modifies
the tentative map conditions imposing offsite street improvements,orof any othertentative
map condition, except as expressly provided for in the Agreement or in this Addendum.
Subdividerwill not seek to invalidate any claim or defense made by or on behalf of the City
in pursuance of procurement of the street and right-of-way on any grounds including, but
not limited to, the fact that all or a portion of the street right of way traverses through
unincorporated territorywithin the jurisdiction of the County of Fresno. Subdivider agrees
to act in good faith in implementing the road condition and to actively assist City in seeking
to obtain the County Approvals.
13. City shall have a lien upon any and all performance, payment and other bonds or deposits
posted by or for Subdivider in conjunction with the development as security for the
payment of any costs, charges or fees called for by this Agreement.
14. Upon recordation of the Subdivision Agreement to which this addendum is incorporated
by reference, City shall have a lien upon the lands more particularly described in the
Subdivision Agreement as security for the payment of any costs, charges or fees called
for by this Agreement.
15. At the conclusion of the acquisition of the necessary easements, City shall provide to
Subdivider a final statement of the expenditures of the City relating to the subject
acquisition. Failure of the City to provide any accounting required by this agreement,
however, shall not excuse Subdivider's duty to perform any act, particularly the duty to
make full and timely deposits in accordance with any demands and notices by the City.
Upon rendering of the final accounting referenced herein, Subdivider may question oy"",
Addendum to Subdivision Agreement
Tract No. 5067
Page 5
challenge any use of funds set forth in such accounting and may appeal same to the City
Council.
16. Any amounts deposited by Subdivider shall be maintained by City in an interest-bearing
account of the City's choice,and may be co-mingled with other City funds in such account.
Interest accruing upon any such deposit shall inure to and be created for the benefit of
Subdivider,less the City's reasonable or actual costs of administering the account and less
any other charges which may be required or authorized by law. The parties agree that five
per cent of the amount(s) deposited is the reasonable cost of administering the account.
17. Time is of the essence to this agreement since the City may suffer certain consequences
in the event of Subdivider's breach, such as inverse condemnation liability,abandonment
(by operation of law)of the condemnation action, and award to the property owner of her
litigation expenses and reasonable attorney's fees and sanctions imposed by the Permit
Streamlining Act (Government Code Section 65920, et seq.).
18. No partial invalidity of this agreement shall invalidate the remainder.
19. Summary of Initial Deposit. Easement Acquisition for property required to provide
additional Right-of-Way on North Willow Avenue for Tract No. 5067.
AMOUNT DEPOSITED: ITEM:
$ 34,176.00 Estimated Land Value of Easement(s)
$ 5,000.00 Possible Landscaping
$ 3,000.00 Appraisal
$ 1,000.00 Escrow and Title Fees
$ 5,000.00 Real Estate Staff time
$ 7,500.00 Attorney Staff time
$ 3,850.00 Contingency (15%)
$ 60,000.00 TOTAL (rounded)
Bond Number: 566232S
Premium:included in performarde
bond
SUBDIVIDERS PAYMENT BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
BH 5067 LP (hereinafter
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
, 2004 , and
identified as project TRACT No. 5067
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 SEVEN HUNDRED NINETY
FIVE THOUSAND--- dollars
($ 795,000.00 ), 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 MARCH 11 , 2004
BH 5067 LP
By:
By:
Principal
Address of Surety
P.O. BOX 19725 DEVELOPERS SURETY AND INDEMNITY COMPANY
IRVINE, CA 92623 By.
By: e ivsz;WW-Tf1---
:/A� , - -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 MARCH 11,2004 before me, DONNA M.SMITH, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,'Jane foe,Notary Public')
personally appeared WAYNE LAMB
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
DONNA M. SMITH behalf of which the person(s) acted, executed the instrument.
COMM.#1300386 -�
NOTARY PUBLIC-CALIFORNIA WITNESS my hand an fficial seal.
FRESNO COUNTY
My Comm.Expires April 19,2005
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- El 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
E 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 TI[ESE PRESENTS,that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
*** Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally ***
as their true and lawful Attorney(s)-in-Fact,to slake,execute,deliver and acknowledge, fix and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and grunting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to he 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 Attorneys)-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 fhc Chairman of the Board,the President and any Vice President of the corporation be-and that each of thein hereby is,authorized to
execute Powers of Attorney.qualifying the attorncy(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 orally such
Prover of Attorney:
RESOLVED.FURTIIER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate hearing such facsimile Signatures Shull he valid and binding upon file corporation when so affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is altachcd.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to he signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October,-1003,
,1,11II,III„ '
By David H.Rhodes,Executive Vice-President ,e �. AND �,,R.” GOMPPOq��
r','v0R4T °?iy L� VO gTtt 9�
OCT. F ;< Z ? OCT.5 o
ZLU a-- 10 a c�c UJ 1967
By: °� , 1936 :3� 02 C, �P
Walter A.Crowell.Secretary 's`�7' : /OYyp ,..%-Ab
STATE OF CALIFORNIA 1
)SS.
COUNTY OF ORANGE )
On October 1,2003,before file,Diane.[. Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to file(or proved to
file on file basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowicdged to file that they executed the
same in their authorized capacities,and that by their signatuu•cS on the instrument the entity upon behalf of'which the persons acted.executed the instrunncnt.
WITNESS my hand and official seal. Y� DIANE J.KAWATA
@My
COMM.N 1334746
Notary Public-Calilornia
ORANGE COUNTYSlgfiatUre
Comm.Expires JAN.8,2(x16
CERTIFICATE
Tile undersiUned,as Senior Vice-President.Underwriting 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 Ccrfificate is exccutcd in the City of Irvine.California,the 11 rM clay of )4ARC2i 2004
By
Wesley W.Cowling enior Vice-President.Underwri r g
ID-1380(Rcv. 10/03)
�JC0
(6ng
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
vvww.inscodico.com
t Bond Number:_ 566232S
Premium: $13,599.00 for a two
t to renews
FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
WHEREAS, the City Council of the City of Fresno, State of California, and
BH 5067- LP (herein
designated as"principal")have entered into an agreement whereby principal agrees to install
and complete certain designated public improvements, which said agreement, dated
2004 , and
identified as project TRACT No. 5067
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 DEVEMPERS SURAND INDEMNITY ,aas�
ETY
surety, are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the
penal sum of ONE MILLION FIVE HUNDRED ELEVEN TH(XJSAND---
dollars ($1 ,511 ,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 MARCH 11 2004
BH 5067 LP
By: ,
By:
_T AA-1 .
Principal
Address of Surety DEVELOPERS AND INDEMITY COMPANY
P.O. Box 19725 gy.
IRVINE, CA 92623V/,
By:
N A'17 U1QN E it TM-FACT
7""161
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 MARCH 11,2004 before me, DONNA M.SMITH, NOTARY PUBLIC ,
Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
personally appeared WAYNE LAMB
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/herAheir authorized capacity(ies), and that by his/her/their
DONNA M. SMITH signature(s) on the instrument the person(s), or the entity upon
COMM.#1300386 behalf of which the person(s) acted, executed the instrument.
NOTARY PUBLIC-CALIFORNIA
~ FRESNO COUNTY .- WITNESS my hand and cial seal.
My Comm.Expires April 19,2005
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 El General ❑ Partner- ❑ Limited ❑ General
® Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ElGuardian or Conservator
E] Other: Top of Thumb here El 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 cxliressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby slake,constitute and appoint:
*** Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally ***
as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf ot'said corporations,as Sureties,bonds•undertakings
and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to du and to pertilrnl every aet necessary,requisite Or proper
to be done in connection therewith as each of said corporations could du,but reserving to each of said corporations full Power of Substitution and revocation,and
all orthe acts of said Atrorncy(s)-in-Fact,pursuant to these presents•are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile Under and by authority of the following reSolUtiOnS adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of then hereby is,authorized to
execute Powers ofAttorncy,qualifying the attorney(s)named in the Powers of Attorney to cxccute,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. FURTI IER,that the signuures of Such Officers may he UfliXcd to any Such Power of Attorney or to any certificate relating thereto by
f11C'S1I1111C,and any such Power ofAttorncy or certificate bearing Such facsimile SignalureS Shall he valid mut binding upon the corporation when so affixed and in
the future with respect to any bond,Undertaking of 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 I st day of October,2003.
By: ..��.� AND ��0.,,• N,?ANVO
David H. Rhodes,EXeC'IItIVe Vice-President '
,r yJP:paP 0R4"'.* ; �VGOp P O R4 9
C"
p
C: OCT. :<- Z OCT.5 T
UJ' 10 F r)e W 1967 _0
By: ';o�; 1 9 3 6 ;a i Oq�lF P�\P d
Walter A.Crowell.Secretary s,7�'•., /pyyP :'d O
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On October I,2003,before me,Diane.I.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or'proved to
nhc on the basis of satisfactory evidence)to be the persons whose names are Subscribed to the within instrument and acknowledged to nhe that they executed the
San1c in their authorized capacities,and that by their signatures on the instl'unhent the entity upon behalf of which the persons acted,executed the instrument.
WITNESS lily hand and official seal. ---
DIANE J.
COMM.#1334746
@My
Notary Public - California
ORANGECOUNTV
Signallire Comm.Expires JAN.B,2006
CERTIFICATE
The undersigned.as Senior Vice-President,Underwriting 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 furthernhore,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 C'crtific,ilc iS executed in the City of Irvine.C'alif'ornia,the 1 1TH&Iy of MAR(M 2004
By
_P-0
Wesley W.Cowling enior Vice-President.Underwri r c
I D-1380(Rev. 10103)
Irtsc(b1co
C95��9L�p
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