Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
T-5134 - Agreement/Covenant - 2/17/2005
City of III ACI..+&I"\I/, me--�.-I...:* PUBLIC WORKS DEPARTMENT 2600 Fresno Street Fresno, California 93721-3616 (559) 621-8650 P.W. File No. 10573 SUBDIVISION AGREEMENT FOR TRACT NO. 5134, OF VESTING TENTATIVE MAP NO. 5134/UGM Subdivision Agreement Tract No. 5134 Page 2 THIS AGREEMENT is made this day of ��'C� L��r ,2003, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the"City,"and Capistrano Fresno Partners II, L.L.C.,a California Limited Liability Company, 7545 North Del Mar Avenue, Suite# 105, 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. 5134 (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.5134/UGM r Subdivision Agreement Tract No. 5134 Page 3 dated June 4, 2003 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 December 1, 2005, except as noted in (b), (c), and (d)listed below. b. The Sidewalk and driveway approach construction for the interior lots of the subdivision shall be completed on or before December 1, 2006, (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. 5134 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. 5134," 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 foroccupancy 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 8 Subdivision Agreement Tract No. 5134 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 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. t , Subdivision Agreement Tract No. 5134 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 forthe difference and shall be directly responsible for payment. i. The Subdivider shall install the fencing/walls, landscaping and irrigation system, in accordance with the approved improvement plans (i.e., Landscape and Irrigation Plans, Grading Plans), within the Landscape Easement area required in the Conditions of Approval and delineated on the Final Map. The Subdivider has elected to satisfy Subdivider's obligation to maintain the landscaping and irrigation systems within certain landscape easement area by agreeing to annex the Subdivision into the City's Community Facilities District No. 2 (CFD-2) and agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the maintenance thereafter. The Subdivider shall provide each prospective purchaser, a Notice of Special Tax in accordance with the provisions of Section 53341.5 of the California Government Code. The improvement plans for such landscaping and irrigation system shall be prepared by a licensed Landscape Architect, certified irrigation designer or other persons with landscaping and irrigation design expertise acceptable to the Planning and Development Director. j. Perform and construct all work shown on the following construction plans and any amendments thereto : i. City Drawing Nos: [10-C-8418 through 10-C-8427 with Water Job No. 4934 (10 sheets) inclusive, 15-C-11496 through 15-C-11507 (12 sheets) inclusive, Drawing No. 4-C-734 (1 sheet) inclusive], unless specifically omitted herein. ii. Fresno Metropolitan Flood Control District Drawing Nos: AI-8-1 through AI-8-8 (8 sheets) inclusive, unless specifically omitted herein. Subdivision Agreement Tract No. 5134 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. Subdivision Agreement Tract No. 5134 Page 8 5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider shall fumish 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. 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 fumished 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 returned to the Subdivider, less any amount required to be used for fulfillment of the warranty one (1) year after final acceptance of the subdivision improvement. 7. This Agreement shall in no way be construed as a grant by the City of any rights to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned. Subdivision Agreement Tract No. 5134 Page 9 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 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. Subdivision Agreement Tract No. 5134 Page 10 11. Initial soils compaction testing for public utility improvement work within the right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements shall include street surface improvements, sanitary and storm sewers, City water facilities and irrigation lines. All other compaction testing for private utility installations shall be paid for by the Subdivider or his agent. Compaction testing performed for determination of compliance with Public Works Standards shall at all times remain under the control and direction of the City Engineer who shall determine locations and depths to be tested. Any compaction tests failing to meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his agent. Billing for the private utility tests and any required retesting due to failures shall be made directly to the Subdivider or his agent. 12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning Codes and any other codes of the City of Fresno. 13. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for which the Subdivider shall be solely responsible. 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the Engineer will be subject to rejection. Subdivision Agreement Tract No. 5134 Page 11 The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 15. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before release of bond, or final acceptance of completed work. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or, if the Subdivider is not an individual, upon any person who has signed this Agreement on behalf of the Subdivider or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. Subdivision Agreement Tract No. 5134 Page 12 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. Subdivision Agreement Tract No. 5134 Page 13 The parties have executed this Agreement on the day and year first above written. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation Capistrano Fresno Partners II, L.L.C. JON R. RUIZ, DIRECTOR a California Limited Liability Company PUBLIC WORKS DEPARTMENT o By: �uN John hamshoian, Member y� By: By: y'l Aaj d ba Covington Family rtnership, Michael T. Kirn, P.E., Assistant Director a Californ4GelPartership Member Bovington eneral Partner ATTEST: REBECCA E. KLISCH CITY CLERK By: Deputy (Attach Notary Acknowledgment) APPROVED AS TO FORM: HILDA CANTO MONTOY City Attorney By: 4 eputy FORM Subdivision Agreement v10-03-03 JB Nov 7,2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT File No: (TD) STATE OF California )SS APN No: COUNTY OF Fresno ) On 11-12-2003 before me, Patricia M.Sanchez personally appeared John Shamshoian and R. Mitch Covington personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. PCON�IiI.X.TV -r Signature NEW Wt FAE���� Q Comm.l XOM Fea 16,2W6 P This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute doe of require the Notary to fill in the data below,doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE 0 PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person Entity OPTIONAL SECTION Though the data requested here is not required by law,it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW ff TITLE OR TYPE OF DOCUMENT: yd©Il 1!5106J �}(s�EEM�N� "fLl� T�AC� ND. 513 NUMBER OF PAGES 26 DATE OF DOCUMENT �JQTpgy pQ�-F l! 12 ZDf�3 SIGNER(S) OTHER THAN NAMED ABOVE RICAAQ_ T- b t'J , kEofe-c-F} E. k I-k!5GN 1- 41 LOA CQr�ro M 0`f Reproduced by-first American Title Insurance 1/2001 EXHIBIT A Subdivision Agreement for Tract 5134 A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES Water System Construction Cost Estimate $100,616 Well Construction Cost Estimate $0 Sewer System Construction Cost Estimate $178,768 Street Construction Cost Estimate $11158,760j Final Cost Estimate(for Inspection Fee purposes) $1,438,1441 201 Landmarks, Monuments, Lot& Block Corners ($50/ea) $10,050 Sub-Total (for bonding purposes) $1,448,194 Construction Contingency (10%) $144,819 TOTAL COST ESTIMATE* (for improvement securities purposes) $1,5930 13 $1,593,0001 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 $1,513,000 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 $796,5001 Faithful Performance Security to Guarantee Completion of Plans Street Plans $0 Utility Plans (Sewer.Water, Storm Water) $0 Street Light Plans $0 Landscaping/Irrigation/Walls $0 100% of amount shall be in cash or a Certificate of Deposit $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 $14,5001 EXHIBIT A v4/28/00 Prepared By: Rick Date: 11/14/03 Print Date: 11/14/03 4:42:05 PM Page 1 of 1 EXHIBIT B Subdivision Agreement for T-5134 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED A. MISCELLANEOUS FEES&CHARGES 1. INSPECTION FEE $0 Final Cost Estimate<_$10K na (11.52%;$600 minimum fee) $0 Final Cost Estimate>$10K<$500K na ($4836+3.25%of amount over$1 OK) $1 438 144 Final Cost Estimate over$500K $59 256.90 ($20,793+4.1%of amount over$500K) Less Inspection Fees paid with Early Sewer/Water Construction Agreement $18,685. Less Inspection Fees paid with Early Street Construction Agreement Inspection Fee 1 $40,571.9011 $40,571.9-01 2. MONUMENT CHECK FEE 93 Lots and Outlots @ $30.00 per Lot $2 790.00 $2,790.001 (Min$200) 3. STREET SIGNS 13 Street Name Sign sets @ $173.00 per set $2 249.00 $2,249.001 0 Warning/Regulatory signs @ $77.00 sign $539.00 $539.00 4. STREET TREES 29 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $870.001 $870.00 184 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 na 6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2) 92 Lots(anticipated maintenance cost) @ $103.39 per Lot $9 511.88 Lots(Incidental expenses:legal fees, per Lot Fpublications,mailings,engineering, ($1,500 92 assessment district proceedings @ $0.00 min) $1 500.00 Lum Sum Landscape area Field Inspection Fee-Parks @ F----$3-0-500 LS $305.00 Total $11316.88 $11316.88 $113.39 Estimated assessment per Lot(information only) 7. IRRIGATION PIPELINE(one-time maintenance fee) 1250 Lineal Feet @ $5.00 per LF $6 250.00 $6 250.00 S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION Free 41/Friant Road/Herndon Corridor 0.0000 Adjusted Gross Acres @ $250.00 per AG Ac TOTAL MISCELLANEOUS FEES&CHARGES $64,586.78 $64,586.78 EXHIBIT B v11/01/01 Printed 11/14/03 4:49:32 PM Page 1 of 5 EXHIBIT B Subdivision Agreement for T-5134 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED 28.3994 Gross Acres 26.7147 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets 92 Units(residential) 38 LUE(non-residential) R-1 Zoning m Input"ugm"if within the Urban Growth Management Area or"no" 1. LOCAL DRAINAGE FEES AI FMFCD Drainage Area 0.0000 Acres per FMFCD @ $0 per Acre na Local Drainage Fee 0.00 $0.00 (B1) (61)All or portion of fee obligation satisfied pursuant to FMFCD agreement. 2. SEWER CONNECTION CHARGES (a)Lateral Sewer Char e Frontage: Ge sbu 125 827 SF Total Square Feet 125,8 SF 125 827 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $12 582.70 Less estimated Lateral Sewer Charge Credits Lateral Sewer Charge $12,582.70 $0.00 $12 582.70 (b)Oversize Sewer Charge 19 UGM Reimbursement Area Frontage: Gettysburg 120 827 SF Frontage: Hayes 119,270 SF Total Square Feet 1 240,0 SF 240 097 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $12 004.85 Less estimated Oversize Credits $47 224.00 Less estimated Overdepth Credits $63 112.00 Oversize Sewer Charge $0.001 $0.00 Paid w/Credits (c)Trunk Sewer Charge Grantland Trunk Sewer Service Area 921 Units @ $419.00 per Unit $38,548.001 1 $38,548.0-01 (d)Wastewater Facilities Charge Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b) (e) Sewer Capacity Enhancement Charge na I Trunk Sewer Service Area 92 Units @ $0.00 per Unit na na ( Co er Avenue Sewer Litt Station Benefit Service Area Charge @ 0 Units 650.00 per Unit $0.00 $0.00 $0.00 EXHIBIT B v11/01/01 Printed 11/14/03 4:49:32 PM Page 2 of 5 EXHIBIT B Subdivision Agreement for T-5134 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED 3. WATER CONNECTION CHARGES (a)Time&Material Charges("Wet-Tie") 2003 0613 Estimate Number 4934 Water Job Number Estimated Deposit(FMC 14-111-f) $0.00 $0.00 (83) (83) Deposit paid with Early Construction Agreement (b1 Service Connection Charges 89 1"Meters to existing services @ $320.00 each $28,480.0011 $0.00 $28.,480.00 311-1/2"Meters to existing services @ $470.00 each $1.= $0.00 $1 410.00 (b2)Landscape Service Connection Charges 512"Meters to existing services @ $620.00 each $3,100.001 $3 100.00 (c)Frontage Charge Frontage Charge $0.001 $0.00 (d)Fire H dram Charge 937,869 SF;residential zoning @ $0.75 per 100 SF (d)Transmission Grid Main Charge B UGM Reimbursement Area 28.3994 Gross Acres @ $560.00 per Gr Acre $15 903.66 Less Estimated TGM Construction Credits $38 555.50 Transmission Grid Main Charge $0.001 1 Paid w/Credits (e)Transmission Grid Main Bond Debt Service Charge 28.3994 Gross Acres @ $243.00 per Gr Acre $6 901.05 Less Estimated TGM Bond Debt Service Charge Credits Transmission Grid Main Bond Debt Service Charge $6.901.05 $0.00 $6 901.05 (q UGM Water Supply Fee 301 s Supply Well Service Area 921 Living Units(residential) @ $442.00 per Unit $40 664.00 38.2 Living Unit Equivalents(non-residential) @ $442.00 per LUE $16 884.40 Less Estimated UGM Water Supply Fee Construction Credits UGM Water Supply Fee 4 .40 $57 548.40 ( Well Head Treatment Fee 301 Well Head Treatment Service Area 92 Living Units(residential) @ $192.00 per Unit $17 664.00 38.2 Living Unit Equivalents(non-residential) @ $192.00 per LUE $7 334.40 Less Estimated Well Head Treatment Fee Construction Credits Well Head Treatment Fee $24.993.40 $24,998. (h)Recharge Fee 301 Recharge Service Area 921 Living Units(residential) @ $0.00 per Unit 38.2 Living Unit Equivalents(non-residential) @ $0.00 per LUE Less Estimated Recharge Fee Construction Credits Recharge Fee 0.00 $0.00 EXHIBIT 8 v11/01/01 Printed 11/14/03 4:49:32 PM Page 3 of 5 EXHIBIT B Subdivision Agreement for T-5134 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED (i)1994 Bond Debt Service Fee 301 1994 Bond Debt Service Fee Service Area 92 1 Living Units(residential) @ $60.00 per Unit $5 520.00 38.2 Living Unit Equivalents(non-residential) @ $60.00 per LUE $2 292.00 Less Estimated 1994 Bond Debt Service Fee Construction Credits 1994 Bond Debt Service Fee �1� 1 $0.001 12.00 4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS (a)UGM FIRE STATION FEE 17 Fire Station Service Area 28.3994 Gross Acres @ $807.00 per Gr Acre $22 918.32 $0.00 1 $22 918.32 (b)UGM NEIGHBORHOOD PARK FEE 4 Neighborhood Park Service Area 28.3994 Gross Acres @ $1 230.00 per Gr Acre $34 931.26 $0.00 $34 931.26 (c)UGM MAJOR STREET CHARGE E 4 Major Street Zone 26.7147 Adjusted Gross Acres @ $2 435.00 per AG Ac $65 050.29 Less Estimated Major Street Charge Construction Credits $90 848.00 Major Street Charge $ $0.00 Paid w/Credits (d)UGM MAJOR STREET BRIDGE CHARGE E 4 Major Street Bridge Zone 26.7147 Adjusted Gross Acres @ $135.00 per AG Ac $3 606.48 Less Estimated Major Street Bridge Charge Construction Credits Major Street Bridge Charge ® so-0-01 1 $3 606.48 (e)UGM TRAFFIC SIGNAL CHARGE 26.7147 lAdjusted Gross Acres @ $860.00 per AG Ac $22 974.64 Less Estimated Traffic Signal Charge Construction Credits $10 000.00 Traffic Signal Charge $ $0.00 $12 974.64 (q UGM GRADE SEPARATION CHARGE Grade Separation Service Area 26.7147 Adjusted Gross Acres @ $0.00 per AG Ac na Less Estimated Grade Separation Charge Construction Credits Grade Separation Charge $0.061 $0.00 $0.00 ( UGM SEWER FEE Trunk Sewer Service Area 26.7147 Adjusted Gross Acres @ $0.00 per AG Ac na Less Trunk Sewer Fee Credits Trunk Sewer Fee $0.00 $0.00 $0.00 (h OVERLAY SERVICE AREA Millbrook Overlay Service Area 26.7147 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00 $0.00 EXHIBIT B A1/01/01 Printed 11/14/03 4:49:32 PM Page 4 of 5 r . EXHIBIT B Subdivision Agreement for T-5134 NET AMOUNT AMOUNT EXTENSION DUE DEFERRED Total Impact Fees&Charges $262,845.27 $131,228.82 $131,616.45 Note: EXTENSION total includes net results of construction credits SUMMARY TOTAL(A) MISCELLANEOUS FEES&CHARGES $64,586.781 TOTAL(B) IMPACT FEES&CHARGES $131,228.82 $131 816.45 TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $195,815.60 EXHIBIT B v11/01/01 Printed 11/14/03 4:49:32 PM Pape 5 of 5 Bond No.: 2122772 Premium: $25,950.00 Subdivision Imrovement a Performance Bond Whereas,the City of Fresno State of California, and Capistrano Fresno Partners II, L.L.C., a California Limited Liability Company (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement, dated and identified as Project, Tract No.5134, is hereby referred to and made a part hereof;and Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefore,we the principal and Insurance Company of the West,as corporate surety,are held and firmly bound unto the City of Fresno, (hereinafter called "City"), in the penal sum of One Million Five Hundred Thirty Thousand and No/100`*`•""'""(51,530,000.00)lawful money of the United States, for the payment of which sum well and truly to 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 herein 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 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 a part of the obligation secured hereby and in addition to the face amount specified therefor,these 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 taxes as costs and included in any judgment 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 plans and specifications accompanying the same shall in anywise 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. IN WITNESS WHEREOF,this instrument has been duly executed by the principal and surety above named,on November 11, 2003. Principa• Capistrano Fresno Isopers II,L.L.C.,a California Limited Liability Company By (Seal) (Principal Insurance Company of the West .� By_ � (Seal) Robe a Voss Attorney-In-Fact j Bond No.: 2122772 Premium:Included in Performance Bond Subdivision Improvement Payment Bond Whereas,the City Council of the City of Fresno State of California,and Capistrano Fresno Partners II,L.L.C.,a California Limited Liability Company,(hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Tract 5134,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, materialmen 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 Eight Hundred Five Thousand and No/100********** dollars ($805,000.00), for materials furnished or labor thereon of any kind,or for amounts due under 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 hereinabove set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof,costs and reasonable expenses and fees,including 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 judgment 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 plans and 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. In witness whereof,this instrument has been duly executed by the principal and surety above named,on November 11,2003. Cap istr no Fresno Pars II, a California Limited Liability Company B ' (Seal) nncipal) D 1!/A4 f Oh Insurance Company of The West By (Seal) lkg6e—rts Voss Attorney-In-Fact W4� e'�57 � r 049 LL /3 a,3 f ! /: DA E AA�X11V ; lie Yr�l�L� '�I� i`S ,�A ,"''.r�,-�y�.I':R, i " � '��-..-5���''ri/ ,i,�%r '"r"/!/f �. / r/ •fir: - j r�+! /�'!/ 'd ... '� ,; .,/� ,/ /i:`,i,f,, i./r r Fr ,%ji`!,r �-r/ /,r .,./! rr.,. /�.," 4i // %fit i/ i//ter•, 11'00 10 4 2u' _�_* 12 113 700 0: u1 5 50 SOS 16 Silo SECURITY FEATURES:MICRO PRINT TOP&BOTTOM BORDERS COLORED PATTERN-ARTIFICIAL WATERMARK ON REVERSE SIDE-MISSING FEATURE INDICATES A COPY CAPISTRANO FRESNO PARTNERS 11, LLC 1042 om NEW ACCOUNT INFORMATION - COMMERCIAL COUNTY BANK RIVER PARK FRESNO 128 WEST NEES AVE SUITE 101 TEMPORARY F--j REPLACEMENT FRESNO, CA 93711 DATE 11/13/03 OPENED BY GUTIER 119 ACCOUNT INFORMATION ACCOUNT NUMBER 1970000988 AMOUNT OF DEPOSIT $ 14,600.00 ACCOUNT T.I.N. 68-0530420 TITLEOFACCOUNT CAPISTRANO FRESNO PARTNERS II LLC 7545 N DELMAR STE 105 FRESNO CA 93711 OWNERSHIP TYPE Limited Liability PRODUCT NAME 15 MONTHS BUSINESS ENTITY INFORMATION BUSINESS NAME AND ADDRESS BUSINESS FILING STATE CALIFORNIA CAPISTRANO FRESNO PARTNERS II LLC ENTITY DOCUMENT ARTICLES OF INCORPOR. LAST FILING DATE 11/12/02 7545 N DELMAR STE 105 FILING EXPIRATION DATE ESTABLISHED 10/29/02 FRESNO CA 93711 NATURE OF BUSINESS REAL ESTATE DEVELOPMENT ASSUMED NAME IF D/B/A PRIMARY LOCATION FRESNO RESOLUTION DATE 11/12/02 CONTACT NAME ROBERT MITCH COVINGTON E-MAIL ADDRESS val leyvanguardoyahoo.com CONTACT TITLE MEMBER FACSIMILE AUTHORIZATION ON FILE 0 YES x0 NO CONTACTPHONE (559) 435-5990 OTHER INDIVIDUAL#1 INFORMATION •. NAME AND ADDRESS TAX ID NUMBER 546-62-1363 ROBERT MITCHELL COVINGTON DATE OF BIRTH 10/06/1945 801 E PORTSMOUTH ID TYPE DRIVERS LICENSE ID NUMBER M0040585 FRESNO CA 93720 ID ISSUED BY CALIFORNIA TITLE/CAPACITY MG MEMBER ID ISSUE DATE 11/07/00 PRIMARY PHONE (559) 434-1345 ID EXPIRATION 10/06/05 SECONDARY PHONE (559) 435-5990 E-MAIL ADDRESS INDIVIDUAL#2 INFORMATION NAME AND ADDRESS TAX ID NUMBER 546-62-1363 DATE OF BIRTH 10/06/45 ID TYPE 801 E PORTSMOUTH ID NUMBER FRESNO CA 93720 ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS INDIVIDUAL#3 INFORMATION NAME AND ADDRESS TAX ID NUMBER 000-00-0000 DATE OF BIRTH ID TYPE ID NUMBER ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS INDIVIDUAL#4 INFORMATION NAME AND ADDRESS TAX ID NUMBER 000-00-0000 DATE OF BIRTH ID TYPE ID NUMBER ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS ®CaWW GmOmw aptM he. 2000,2001,2006.2003 ITEM 015841 103001 Pop 1 of 2 Cwpl$ sy ww Inc. $00-908.8622 Fix$1$-966-1868 CERTIFICATE OF TIME DEPOSIT — NON-NEGOTIABLE AND NON-TRANSFERABLE NUMBER 19'/0000988 =10 TO IIMgS)AND ADDRESS(ES)OF DEPOSITOR(S)('Your Your') frAME AND ADDRESS OF ISRMMWIANCNAL M5TlnffM 11rt r9 CAPISTRANO FRESNO PARTNERS II LLC COUNTY BANK RIVER PARK FRESNO 128 WEST NEES AVE SUITE 101 7545 N DELMAR STE 105 FRESNO, CA 93711 19 FRESNO CA 93711 OWNERSHIP TYPE: Limited Liability See Addendum Benefifdery Nam: ISSUE DATE MATURITY DATE ]( AUTOMATICALLY RENEWABLE TERM AMOUNT OF CERTIFICATE 546-62-1363 11/13/03 2/13/05 SINGLE MATURITY 15 MONTHS 1$14,600.00 INTEREST RATE.The deposit evidenced by this Certificate will earn an annual interest rete of 2.2300 %Annual Percentage Yield 2.25 % Interest Payment Frequency monthly which will be F� credited to account number El paid to depositorls)by check FX--]added to principal of this Certificate. Interest w6 be calculated on a basis of x�385 days 0 Other Interest will be compounded EARLY WITHDRAWAL PENALTY: 1/2 of the terms interest on the amount withdrawn - maximum of 1 year. aGrace Period•Automatically Renewable Certificate:10 days. If this Certificate is withdrawn during the grace period,the interest rate will E-1 be !6 X I be the seine rete of interest that would have been paid on this Certificate if renewed 0 not be paid during the grace period 0 Post•Maturity,Interest•Single Maturity Certificate: The interest rete paid on the deposit after the Maturity Date will 0 be % 0 not be paid after the Maturity Date Authorized Signer. X TERMS AND CONDITIONS RI RPARK CSO RIVERPARK CSO 1. ENERAL TERMS.Wads at plrom pncdd by a El are opp cable only U do a it mdrd Pf000r L a block spare wench is net filed In at unebotl with on WA are net oppiu6b. L PAYMENT AT MATURITY. The deposit to pry"upon perhta-, of this Cwefleote on a mahalty her If Ria b a)axil account pelahml b an8leel b tlhe torn do mmed in paagnpb 3 bolter. I AWT ACCOUNT.If this Cordlkm Is noted or a lobi tawa:r"dolo of rrrvadhit an dm Booth of err perry nrrd or de CoAaeala,d ear fin this Crtifieau eat k srd Mime b tM wwft prtKml r lis a her rI popaty aml puna.In do SUM No Cardfiuu to noted r a Isar Irnacv witisng right of s raimida an do drth of one perry rwd on tier Certificate, Firer Ir"tuam will islrhm tin doeoard pargh does in eewdsse with auto lay. N tbk tudbMe b•jlehot uaem batweea speam the 6saaralq/oterDeRy perprq retse appy It Gr Car— 10 nerd to a W Lewy wfth dght of wavbaaoW tli Cerfikete wN be In t o rrr d a huabmd ed We who Mord m fund t o cwoscm 111101eondrheoitypopm ty ori bold tis papaty with der of m vovix hip. Upm tis doth of ddr spore,do ptap l of ret in ori blaq u dw surrvbp sp us. N dr Certificateb noted r a l"Lwey wr1 d debt of anlvertby,We Crreeau od bein thegar of•lehs6ad end wifo who Mord tea any arpaa. paperty In do Crtificw be mI n Into creadq popaty and that d popnty in the Cortifkele,id dhh8 aaoirp,be hold or eawaeitY In@"I wlecri rids of wdvadip. Tho Fundal Manionk underr abigetlm u permit wl0r I I by anyone otter then do poor described above al. ■TWIT FOR W PAYABLE ON DEATH ACCOUNT. If do Certificate is' ', or an In Twat For or Payne on 0=6 sm then it Is an ec cod prydbfo on erpber u tier Daserd(o)Aft their ifaumo end aur their doth to err or aero surivkg ufsrprerd- I rhe without bi g educt u th troth's rill. Tho brrBelron)lou no, ..p digs te theoctant dulry tis Duro's(o'16btkr. After theDa tee's deet Ands ranaidnp k do aswud due blaq er dw bwmfidmFy abmlfn*,but PhW to do Pit of Mebid n's prrd right of oNeet for dry I I I, I awed by any user are"' III .N arra b are tM Or&Wving bwwida,wch ar ivbq borirdry willown m oghd dean of thohods raM 1 in tin accent witlsut did of waverNp a bdtvsrr do hrraeirir. An In Trust For at Pey"an oath swam ally be emiibd with arlrrh otter in=of aeemare,In width~such other ansoar'derdpder and 1100 apply. Whore arra are two or roe bits this account wN bewnEirbd with s ON awanl dthor with or witlag right of rorrrdip. If Wit;right of ouvivorddp'aaerei. ascot fordo are prydbfo to do dddgrud hordrorvW only aur tis este ofd tnateu N'l fad right of wwwort A' rarMlinhg atruht fads blagI-to any triers all prydbfo 10 dot nnWi designated boatkiarVon)after do Drtsls diet The Firdol Institution dna be hay pbereud in ohaldne peyi to alb credit of Net ocwrna in sew. with atter low. 6. INTEREST. Tho Wdk to hon dodo hhto a do tab od bei set forth or Net Ire of Net Certiffc a te10taer of not be uapwdd union rid for on On Ire of tis Cwtifiwse.Intent wN be paid sea, to"peynrR I set forth on do few of err C"Ita a ed in to ehsarr I deabd on to face.TAtldawol#I' prbr in artrity wN~to and percOr- TIGhL For ON home . of to Cordeeab,Marl de be pad at to rob Noor N affect at to Financial 1rrdnodon for slo er depri10 ad arty ouch rOrewi wig befr s boa p dd ops b es wiped ter Ori ebjrt to Urso tern and wdtire.Egwp for an erre Period d ocutod in Proaaph 10 at dry Poi-Wt re.y Intent discussed In Proaaph 11,no' wig be gid on a deposit otter Not Maturity Dab. e. TRANWEPAILM. No right k r tidoer tis d*Wt m tin Cwtlfiub b trarlwab10,utopl onthe bob of tier Rrr A hatlbrtiae, 7. GOVERNING LANK. AN torn of this Cortificab are m*t to do app6uble Present M Ran Were M ragdeaOs of this Bute and of tis United Snip or any omy or i wo rAdty of this Sub ad of tis thitd Stmt M d Pict rapNtions end prectkr now or hereafter adopted by do fbrcial Irtisrtion with respect to this Certificate. A. TWrNORAWAL PRIOR TO MATURITY. D"Wtor ti wnDrted to bap tis bids evldscad by this Cwdceer on deposit here do terra Bob until do Mabrity Dow of this Cerdfeme.Accept@=of a regret by Depositor for s withthow of tons or d of do hsnde prier to the Maurity Bob is at do discretion of do FirrJd Mdoim e. EARLY WnMUWAL PENALTIES. If tho Fired h"UM dor a whhdrorraL oltlr porde!at totaL wch for In aeooe such a vrltlhdraueL D"Wtor wig be Oared on whr wrantrawi pwrdty or set forth on do Ire of this Cwgeub.In no event Ad ash parity be Into then seven(7)M*qb 9 don on do wrti6wb dere nt. t0.AUTOMATICALLY RENEWABLE CERTNIEATE3 rwrw mem Mk*on do Moadty Date.If on depoelt is Wt dwm dMbq on Grace Period in forth an tin Ire of this Cortificow the Fundal Irtitutlon wifi not merge on arty v dal drewd pro".If kbrrt b poW m Gr deport Writ wirehair rrbp tho Brace POIsd k shah 1M Brea POlod Marrt desrfoad an to tem of Net CmMkML 11. MKI MATURITY CERTNICATE3 all not ammotlw8y rOrw m and mega an tis Maseity Bob rt forth m do few of No awdficm No Intent wN be poid an the dopodt Were erbdty union rt forth an do Ire of No Certif es%oder Prtalebaity fnterrt TAXPAYER IDENTIFICATION NUMBER CERTIFICATION I wify Mir pehitles of Perjury Nut do topes hfondfiutlm coir M141 11 b cacti I On s U.&palm 0n*AM a U.&Mag dont ed I err idw axwo flag backup vAt l'I q Meier' Re rwu 9arrko nepAndos,a I err rot rbjrt to backup dtlddirW The shop interni Is Due dth do eoceptim at. a1 mu agset m Iheckq we. of endrrepatd inbrat Ori dvldsW. 1 hoer Wpead or coil N If err is not Isavidsd to tis Mtadm vddin 60 drys fran todey,I wN he rbjrt to backup with o* I on a Foreign Rech bra tris inti tis 'at@ Fan W8 tortificadat Tapryr Idowdkedon N W 68-0530420 NGNATM R CH LL IN ON DATE ACKNOWLEDGMENT By nudiq d6deposit,the DdpodtwW apv*)to tis Tie■M conditions stwd don and me tiro epaial nods older discussion d Earp M ldrawal PerMa which apply to this deport Included dd k do Ton end conditions.BY dPir4 blow,Depodtor(e)akbadadpa(d ercelpt of an Amen Ilbebere related to No Amount z x DEPOSITOR SIGNATURE10ATE DEPOSITOR SIBNATUFMATE X x DEPOSITOR SIBNATURMATE DEPOSITOR SIGNATUREIDATE REDEMPTION Thoomfodtor(s)memmAsWs)receipt of mob twang red by ride Certifkaea of Tfnve Dwwt x x DEPOSITOR SIBNATURE10ATE DEPOSITOR SIG IATUREIDATE ITEM 578CALO(0304)Pogo 1 of 1 ©CwoW Cmrplarm Sph of Inc. 1991,1003,1995,1BB8,1887,1998,2000,2001,2002.2003 COUNTY BANK P O BOX 1191 MERCED CA 95340 (209)7254531 15 Month CD TIERED FIXED RATE INFORMATION If your daily balance is below$100,000.00,the interest rate paid on the entire balance in your account will be 2.00%,with an annual percentage yield of 2.25%. If your daily balance is equal to or greater than$100,000.00,the interest rate paid on the entire balance in your account will be 2.00%with an annual percentage yield of 2.25%. You will be paid this rate until maturity. COMPOUNDING AND CREDITING Interest will compounded monthly and will be Paid Monthly.The annual percentage yield assumes interest will remain on deposit until maturity.A withdrawal will reduce earnings.However,at your ddiscretion,you may change the interest rate on the account ONCE during the term.We will not change the rate until notified by you. MINIMUM BALANCE REQUIREMENTS You must deposit 1,000.00 to open this account.You must maintain a minimum daily balance of$1,000.00 in the account each day to obtain the disclosed annual percentage yield.You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement. BALANCE COMPUTATION METHOD We use the daily balance method to calculate the interest on your account.This method applies a daily periodic rate to the principal in the account each day. ACCRUAL ON NONCASH DEPOSITS Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items(for example,checks). TRANSACTION LIMITATIONS You may change the interest rate paid on the CD once during the 15 month term.An additional deposit may be made to it the same time you change the interest rate. MATURITY DATE Your account will mature 2/13/05. RENEWAL POLICIES Your account will automatically renew at maturity.You will have a grace period of 10 days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty.Your CD will mature 15 months from the date of opening unless you choose to change the interest rate.The new maturity of a CD that the interest rate was changed on will be 15 months from the date of change.You will receive a new disclosure at the time you change the interest rate. CopA1t IM,Comply-M syMM K aex 064WI01 Account Number: Security Amount: £::::::::::::::::::::::: ::>£;£££££:::;;::::3:3:£::: ::: ...... ;:£:£::£........................................... :: ::::::::::::::::;;:;::;.......:::£;utt! ::...... :::::::::::::::::::::::;..:;:.....:......::..;..:...:. ...:..:........:........ .... .... .... ..... .;: ::::..:::-:::::::::::::::::: ....::.::'MH :: ..::::::::::::::.:::::..::::::::::::::::::::: :::::-:::::::• £..-......:...:..................._................. .......................................................................................... (Subdivision Agreement) SECURITY FOR: rs hereinafter called A SIGNOR, whose principal place of business is street City state Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and inter st of whatever nature, of assignor, in and t the insu d account of assignor in the '� , evidenced by ."in the amount of$ number /97me-fit which is tole delivered to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WMHOUT NOTICE TO ASSIGNOR. is assignment is given as security for liability for i If including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. Dated this 1 day of A r 20 d NameAiefAssignor ._ .............._ _._.._»....._.._... .............._..................................._........_....r.._....._.._.................._....._........._.__....»._...................::_:::_.::..»...._,....._..._ .....»...._..___....._... ....................._...».........................:......................._»»......:.....�.....:::...... sr•::ts:EM r:::: :r"-a..•s:::sii , ££ 'I1[371i�1SirTscFs moi. ..»..:....__........__._.K£1•..:. ... :«.•..µ_ .K »..i.. i...::::i••...«• «....... ................ y .... ...._. s3?:: ...._...3..;. :...,T_».. ._... •�a.....a..a...._x;:ii•3s.r...:•::�:::»::�_ "°� •: ::i:?�e::i's:a•3.•:x :a3 ..^^:.::£:—. s£::::.ns'=°.tz��i�.is' ON: H-1 ••«""_..F_-s.•.•ig ?3?:Ti.�°0im _ . Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold, Claim or obligation of the above-identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. �� 91/�.P Dated this �� day of , 2043 Ali�� Arawd &�m Bank Nanfe Branch Location City State By Aw W� Name Title of Officer • Assignment Form Page 2 Tract No. .........::::.:......::::::::.............. .............._..............................................._..................................................................................................................................... 353:3333::::3333335 33333 53m�?:::::3:::::;33.-33?:?5 3333333:�::::::::��:333.3333::?:::�3333333333���:::::::: �;::33353333333335333333333333:3333 333?:?:::�33:::::;::3:3_?33333?33:�35333 ,. ::: . .'?'3:. :: :: :: `3. :, . :? ? 3 • : i`€ €1111 53:is€ '•!3:':r€ 3t =t3???3333?????t3?3 `3:? : :33t"` r33i1^a "r ::::::::•:::::::::::.•:::::::....... ..............._...........a.::.::..........._............................................................................... ...... ::...:::::::::::::::::::::: [ ::::: ::::::::::::::::-:::::::::?::.;....._. .;...........................................;_.....:.:::..............................................................................._:...._:::::::::••::::::::::::::::: (............................................3...:.....s.......—:.:rr.•s-..::::::�:s::::,::::::::::::e:::::: :: :::::::e::�:::::�:::::::::::�:::u:�::�......:::::e:::::::::::::::::::�:::::::-:::::::.....,.r..............;... ...}i•3::::::h:::::::::::::••:—::::u:e::•::...:a::;......;..•::;.........._.._».».............................. ::u::::::::::::::••:':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::�:::......... ......... ....:....................... .................. ......s..................._............................;;..............:...__........................—...................»..........:.......-..:.....-.._:::::::::::..::::::::::s:::::::::::::::::::: ::s:: iii333iii3ii5i33?33 53336:13333333 3il"..H3r::::;'i:::::3:::::»_: ::::: ::3i::i Ei-:::::::::iEi;°=.:�'3?3 3E s333i:::�?i:::?E:::33:::3::x::::?::33::�333:::33333333ii3FEEfE33fiiitEc:diEE3i??::::335??33?3333ii3?i 3Eii3 :?s333!s::� :::3:==3^:^==:=u;:::::::::,s?:::::::::�::. ..: . .. .. .. i3:...• ..'i:: . :. .:F3 3 .::i3u3335 3331313?3332333333::55:33333533?3333335??333333E 33 3 i=:3325233361335133 533?6?=i3?i3353i35i333335!=39' :: "'3 :: ''' E333i :: E33 _ ::.d':3 3===*===3133:::?::::::::^:::::::::s I;1 .......::::::::::::::::: :::.:.:::::::::: N.:: .. '" :Mpo':: ?: :.. x:5:::::3::?::::3 »................................:......:::-................. ..................................................._... ..........._................................... ..........................................._:.::.........:::::::,...: • su ::::::::::::::::::::::::::::::::...::::::::�:•:::c:::::c:.;..;;;;.;..........................:::.............:::._..........................................._..................................................................................... Receipt is acknowledged of the above assignment and the Certificate of Share(s) identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any earnings on the above-identified account to the above-named assignor until otherwise notified in writing by the of the City of Fresno. Dated this day of . 20_ By Authorized Officer or Employee Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. s s3 •s :T.:S:.s�:.:..:.:r...i:.:i:::::.�:•..�•: '•.•.•='Fr�:':B Inik: Y .3a �: :��...'ani.a33:.::...ss:.._o:.:3:....,:.:•.: .::i:... •..:::a,.ssir?i...._..s;;....3._ .;..:::.s.•:...._.........:....:__: ._.................._.._:s:::s:•=:::uii ':a` 3:::r...:...^^.::::::,rss:.:•::::::s:::::::.. ...;sr u. The City of Fresno hereby requests payment to be made to the City of Fresno in the amount of $ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of,$ and relinquishes all further right, title and interest of whatever nature in the Deposit Account. Dated , 20 By Authorized Officer or Employee SM:biw NEW ACCOUNT INFORMATION - COMMERCIAL COUNTY BANK ' RIVER PARK FRESNO 128 WEST NEES AVE SUITE 101 TEMPORARY f REPLACEMENT FRESNO, CA 93711 DATE 11/13/03 OPENED BY GUTIERREZ 19 ACCOUNT INFORMATION ACCOUNT NUMBER 1970000996 AMOUNT OF DEPOSIT $ 66,400.00 ACCOUNT T.I.N. 68-0530420 TITLEOFACCOUNT CAPISTRANO FRESNO PARTNERS II LLC 7545 N DELMAR STE 105 FRESNO CA 93711 OWNERSHIP TYPE Limited Liability PRODUCT NAME 15 MONTHS BUSINESS ENTITY INFORMATION BUSINESS NAME AND ADDRESS BUSINESS FILING STATE CALIFORNIA CAPISTRANO FRESNO PARTNERS II LLC ENTITY DOCUMENT 102902 LAST FILING DATE 11/12/02 7545 N DELMAR STE 105 FILING EXPIRATION DATE ESTABLISHED 10/29/02 FRESNO CA 93711 NATURE OF BUSINESS REAL ESTATE DEVELOPING ASSUMED NAME IF D/B/A PRIMARY LOCATION FRESNO RESOLUTION DATE 11/12/02 CONTACT NAME ROBERT MITCH COVINGTON E-MAIL ADDRESS valleyvanguard@yahoo.com CONTACT TITLE MEMBER FACSIMILE AUTHORIZATION ON FILE DYES Q NO CONTACT PHONE (559) 435-5990 OTHER INDIVIDUAL#1 INFORMATION NAME AND ADDRESS TAX ID NUMBER 546-62,-1363 ROBERT MITCHELL COVINGTON DATE OF BIRTH 10/06/1945 801 E PORTSMOUTH ID TYPE DRIVERS LICENSE ID NUMBER M0040585 FRESNO CA 93720 ID ISSUED BY CALIFORNIA TITLE/CAPACITY MEMBER ID ISSUE DATE 11/07/00 PRIMARY PHONE (559) 434-1345 ID EXPIRATION 10/06/05 SECONDARY PHONE (559) 435-5990 E-MAIL ADDRESS INDIVIDUAL#2 INFORMATION NAME AND ADDRESS TAX ID NUMBER DATE OF BIRTH ID TYPE ID NUMBER ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS INDIVIDUAL#3 INFORMATION NAME AND ADDRESS TAX ID NUMBER 000-00-,0000 DATE OF BIRTH ID TYPE ID NUMBER ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS INDIVIDUAL#4 INFORMATION NAME AND ADDRESS TAX ID NUMBER 000-00-0000 DATE OF BIRTH ID TYPE ID NUMBER ID ISSUED BY TITLE/CAPACITY ID ISSUE DATE PRIMARY PHONE ID EXPIRATION SECONDARY PHONE E-MAIL ADDRESS GCWPWK CMO—Mdw Nn.2004 2001,288$2003 IT98 815UL1 (0308) Pp 1 of 2 CowO�BrsW 4 Nn. 800.8888622 Fu 818.888.1888 CERTIFICATE OF TIME DEPOSIT — NON-NEGOTIABLE AND NON-TRANSFERABLE NIIMDEri 1970000996 "IllNAlgal AID ADM=Eil OF DEPOSITORS11tiwt lar-) NAME AIW ADDRESS OF ISSUERFUIANCIAL RISTITUTION 11ea tel CAPISTRANO FRESNO PARTNERS II LLC COUNTY BANK • RIVER PARK FRESNO 128 WEST NEES AVE SUITE 101 7545 N DELMAR STE 105 FRESNO, CA 93711 19 FRESNO CA 93711 OWNERSHIP TYPE: Limited Liability See Addendum Beneficiary Nemec: 8.81 R.I.N ISSUE DATE MATURITY DATE g AUTOAAATICALLT RENEWABLE TM AMOUNT OF CERTIRCATE 546-62-1363 11/13/03 2/13/05 SINGLE MATURTY 15 MONTHS1$66,400.00 INTEREST RATE.The deposit evidenced by this Certificate will earn an annual interest rate of 2.2300 %Annual Percentage Yield 2.25 % Interest Payment Frequency monthly which will be a credited to account number a paid to deposdtods)by check 0 added to principal of this Certificate. Interest will be calculated on a basis of xQ 365 days a Other Interest will be compounded EARLY WM40RAWAL PENALTY: 1/2 of the terms interest on the amount withdrawn – maximum of 1 year. 0 Grace Period-Automatically Renewable Certificate:10 days. If this Certificate is withdrawn during the grace period,the interest rate will Q be x n be the some rete of interest that would have been paid on this Certificate if renewed Q not be paid during the grace period 0 PostJ—maturity Interest-Single Maturity Certificate: The interest rate paid on the deposit after the Maturity Date will Q be % Q not be paid after the Maturity Date Q Authorized Signer TERMS AND CONDITIONSRIVERPARk CSO RIVERPARK CSO 1. MOUK TERMS.Wort a pray paobd Ina a w opplc,hN only N era a n q a Mat apes which Is net Aid in or mohpI wAth on NIA w net rlpecoMe. L PAVA AT MATURITY.The d*Wt Is pyAb upon thrones I of this Caffeab on a n otuity does.If this Is a list occw^paynhrst to&Nott to do enc dawned in pr- '3 below. 1 JNU ACCOUIT.If this cordleaes Is noted a a Writ inner with ddst of=AvmNa an do deeth of mor Arty mord an do Comet et d arcs front sols Cwtif cap vast In ad belong a the wreiwq prtyood a No or hes uprate pwprty ad aesea In dr west the Certificate Is noted a a d trhre tlast ri d ahrivar,N a do dwi h of mo Arty mord a dr CertiAsaet Fihrdi b"thdion moil dslritwo dr domed parts Won in otconkm wfth stele low. 1 dds CatlRseto Is a Mitt lwwq Isewsoe apoena i eewb i wawiry p"mty nAw,pplr:If dr Waimea Is nowd n a Wo lwwq whb rW of see ha I&this Cerdecate wil be in dr mor of a hrbwd,d wdb who htlrd to had the Llrelww with ahmosity proprry ad hid dr pcp ty with right of swMwaNµ Upon dr doth of ither sport do prep tv vi vert In ad belong to dr anivbq slava. If dr Cerdecelo Is noted n a Wo arwq whIl"rW of,onlw,Mp,this QAlwa vi be In do mor N a hrbwd,d wih who kstsd tint wry rpa,a phopwry in do Cerdeeaes be staged ha can wdty phopwry ad tint a1,opm t,in dw Cwdic@W brkdq arrirgt be hid n convene 4 V phopwry widmo right of arAvorWq. The tiwdd Inds"Is h&der no o"In I to pndt witdnwak by anyone oder tris dr prmu I abase 1. ■TWIT F011011 PAYABLE 01 DEATN ACCOUNT. If dr Cafficeto Is deiphawd n on In Tr rt For or Pay"on Doth ntmK then it is on new nt poyaw an regret to tin tnrbys)Bring tins Men oil after their depth to one or aro wvhhp ddpeewd brrldada Wdmo baby&Nott to dr testers will. The bwrAderoes)hes no owrastsI p rights in dr oeewht dsb0 dr trwtse'9(x7 Ifatino. After tin tnnba s bath We reship In the otemot stn1 belong w dr bohriiry ahspbody,but &Nat w dr iihrdel WANG 's enrol right of of feet for wry I I I I I mos awed W an tr, or wry bwrAdary.U ten b aro thn a,wbbq brrldry,doth&mitre bafidry will even a"W even dr Mbrmg h rendr,event vAtIVA eyi d swviwnlip n Iaewh dr MrAdrla An In TM For or Payabe an Doth acwht wry be camhinod vA wwh adher type of swour t in which wont rich adher,awn&'bsedp0ns shd she apply.Where fere n two or mom b'hswe,this ,eeesht wil be eohhbbrd with a)*a account either with or*Oft*right N waddler If'Mich right of anira,liix'ronrdng aneunt Mb n peyih to dr deiprwd 1 oryes)only afar dr doeth of a1 trwones. If*WdwA right of&rriwnI*" rwobhie=DIM bad,bslah-1 w wry tinea n pyoMe w tlsl tr IfteS daiprwd brredwOu)der thot trudWs bolt The Firth isdordon stn1 be Over pnttotad in mown paynhrst a dr crdt of dr account In aaerdr, with state Pow. IL eMKIT.The Crtf car bars shpt heroes at dr raw mod We at forth an d■face of dr Cwtlie,oa heroes moi net be oonpwhded Woes Bid for on d■fees of dr Cwtiio,oa Yherat wAl be paid.ser. a dr pynrst INNSA ey tet forth a till bw of dr crdeerte rd In on rrer,fhdeaad an so IML lBfMdwol at, prior to rrbdty wil onact dr aaral presdga*K For rry rerwie of d■Certificate,ihrart wit be paid at dr rob thn in deet at on Rrdi latiortiah for sindlr dgdw mod any auh r- ,I wIE be for a ter pwW aqui a dr aignol torn mod Mott to den teras mod deenwd in PuaWo 11.no hmat wN ba pid a a ipdt afar on Mandty Dais. S. TaApFEL4MM. No right In,or tide to dr bpoit an tib Cergfiub Is trwfrolk except an tib books of do FbmoJi Institution, 7. 60Y LAWS. AN tomo d the Csrdeeob n&Nott to dr appic"parted ad Inn ba ad regulations of this Stw ad of dr United Suter or rM spicy or estruwhhety of this Stab ad of do Ihdad Swim ad d net r,pbtiwr ad preedea now or hereafter abptl by do Rbrdi Intituft with rrptt a tb Cwtikata S. WMMWAL PRIOR TO MATURITY. Dspitor hes eorhtroeled a keep dr Mb,eldsed by ode Cwtkau a dspuk ken do b&n Dab ud1 the McWty Dowd the Csrilcao.Accoponw d a nprrt by Depositor 4 a widdrrowel d,we or a1 of tin kerb prior a do MWEIty Dab b at tib location N the Rhhehdal MWWdwt 0. EARLY WITNDRAWAL PENALTIES.If do Firth Institution cress a withdrwvoL either prdel er" owh ties it cress moi a wMdwwi,Dopier moil be aeawd an wry witted cess psnohy n at kith an dr face of the CertiBcau.In no went int seeh p&dty be eve then seven p)toys shpb heroes an dr w#k6 a rnrnt 10.ASTaMATMUT RENEWABLE CERTIFICATES renew a ftrdoely an dr Mabdty Wes.If dr d podt is YA drwr Avi l do era Pond at forth an dr face of this Cwtificat%dr Fm @I Institution moil not ehrp awry vAddrswel petty.If Intwwt e path endr d,pult will wdtidarvi Bring dr era Poled,it slrl be tot era Period' I a dr few d db Cardewa. 11. MOLE MATURITY CENTi1CA1E8 n net auto odedy rahrarvish ad ertn on do kloWty Dab at forth an do fue of this Cwdaeab. No' vA bo pit a dr deposit after&abdly wtm at fwth on do fa d dile Cwdicab urdw Put-MoAly brtroot TAXPAYER IDENTIFICATION NUMBER CERTIFICATION I oars fy unbr pnhdtla N perMoy tier ter tapyerMentlfle&fa rstker RRO povidd Is orhst 1 are a U.S.person Anckft a U.A.reddest serf,ad I are iter nrhpt fres backup witldrldrhg wdr fi W Rewe Swan npYlbnt or 1 mon not r elect to baeq rAWsldhhi Tb obese awtwsrt Is on with dr exception of a1 w a i*t a backup beawo of hshdortoportd hest ad hlddrds. F-1 I Irmo spout or apply for,PN.If all Is net poibd to Ws k"Wta wetin 00 bye from to*,I moa be vJ*n to backup YA 1- gni a1 w a pint ad ode int th ell ab Form W-S.11catiwt Taxpayer klnNk etion Nunime 68-0530420 1eIa1TIRIETRZIERT MITCH CO GTON DATE ACKNOWLEDGMENT ey wift v&%the Dwwww vow w the Tena rd weever awwd above ad he,token wodi nodes of on dswsia of Ewly althdrowol Penna whioh appp ve ter d*wt iclodd In do Tena ad Whdlow ey ipft blow.Wpoo teres obwwedpol)rasp of on Aec&nt gotawn meted to this Aa&nt x x DEPOSITOR SIMATUREIDATE DEPOSITOR SIONATUfENTE x x DEPOSITOR SIeNATUREIDATE DEPOSITOR SIONATuf1EIMTE REDEMPTION TheWpodaw seerwwdpi,I mc*of Mb ropamoesd by this certificate of Thr Wpodt x x DEPOSITOR SIMATURENTE DEPOSITOR SIOWTUREIMTE ITEM 67WALD MM)Pop I of 1 ©CWPW Cwparce SWUM Inc. 1991,1003,1996,IM,1001,1998,2000,2001,2002,2003 COUNTY BANK P O BOX 1191 MERCED CA 95340 (209)725-4531 15 Month CD TIERED FIXED RATE INFORMATION If your daily balance is below$100,000.00,the interest rate paid on the entire balance in your account will be 2.00%,with an annual percentage yield of 2.25%. If your daily balance is equal to or greater than$100,000.00,the interest rate paid on the entire balance in your account will be 2.00%with an annual percentage yield of 2.25%. You will be paid this rate until maturity. COMPOUNDING AND CREDITING Interest will compounded monthly and will be Paid Monthly.The annual percentage yield assumes interest will remain on deposit until maturity.A withdrawal will reduce earnings.However,at your ddiscretion,you may change the interest rate on the account ONCE during the term.We will not change the rate until notified by you. MINIMUM BALANCE REQUIREMENTS You must deposit 1,000.00 to open this account.You must maintain a minimum daily balance of$1,000.00 in the account each day to obtain the disclosed annual percentage yield.You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement. BALANCE COMPUTATION METHOD We use the daily balance method.to calculate the interest on your account.This method applies a daily periodic rate to the principal in the account each day. ACCRUAL ON NONCASH DEPOSITS Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items(for example,checks). TRANSACTION LIMITATIONS You may change the interest rate paid on the CD once during the 15 month term.An additional deposit may be made to it the same time you change the interest rate. MATURITY DATE Your account will mature 2/13/05. RENEWAL POLICIES Your account will automatically renew at maturity.You will have a grace period of 10 days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty.Your CD will mature 15 months from the date of opening unless you choose to change the interest rate.The new maturity of a CD that the interest rate was changed on will be 15 months from the date of change.You will receive a new disclosure at the time you change the interest rate. C4WVM im.comowm 8YOKM ria.W-U a.uw+om Account Number: Security Amount: ..................................................._.................:....................................................................................................:......:...........:....:..... ?;s?£s?st£s£?t££:s?£?i?£i£?££?££££££t£??r-�£??:?::????ii??:t;t££it££t££�tt?££££:;::;�.;. . :::su::ut n:::::s::s.:::::::::n:::::::::::::::::::::::::�:::::_:::::::::::::»^:•£!: .. ...............................�,.............s.......t .. £....:.......t................................................................. ::::n::::,,, ::,::::::::n::: :::n:::..,�u:.,.::,.::F.:.d:in::ann.•?::o ..............i::isl:F::M!::::::r.:::u:::::n:!::::::::£::::::::n:::::::::::::::::::::.:;..:»!:.i�'.. .�� ���:::n::ut:.s:£ ......:::-:•::•:;.:. .................................::::::::::::::.:::::n::::::�::::::::_:::: ...... ...._... «... •»•• .... ....«........»?{ .•..........=:F3:i :. :F:s,�z£'�.� :: :::::::::......................................................................�..�.�-.^. i:? �E!E•:.f�,:£ sin::t£iii !::...3'c::£ :Iffli:::: (Subdivision Agreement) SECURITY FOR: s /X hereinafter called LSIGNOR, whose principal place of business is a 99 2 Street City State Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and inter st of whatever nature, of assignor, in and to the ir� red account of assignor in the evidenced by in the amount of$ v number 197e-weW v which is to be deliver d to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WMHOUTNO77CE TO ASSIGNOR. This assignment is given as security for liability for including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. Dated this day of k b • 20Lt3 Nam errltle of Assignor ..........................::::•::::�...::::::•::r .;n«.............«rn:�:n .........«.......................; ....... ii'�.rx�i:si:::irT::t:? i£�£9,�...... ..:....»..«.n..««.._Y.:..:«�._;.... s'...... „;.s. - «^�^!='.'..:niu:r•;n•:nr{r�z,(t�.��rN�=;:�sii!ii':�.a•..-^^i _ .rte:=? F?: 5ct1£ /iiNN '•'z '••«• Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold, claim or obligation of the above-identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this /j X day of 2003 zaw_�ZL Bank Naime Branch Location City State By a `r ame Title of Officer